The URL can be used to link to this page

2017, 07-11 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT MEETING Tuesday, July 11, 2017 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER INVOCATION: Pastor Al Hulten of Valley Assembly Church PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD, LIAISON SUMMARY REPORTS MAYOR'S REPORT PROCLAMATION: N/A PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and city residence for the record and limit remarks to three minutes. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of claim vouchers on July 11, 2017 Request for Council Action Form, Total: $2,021,410.73 b. Approval of Payroll for Pay Period Ending June 30, 2017: $408,733.95 c. Approval of June 27, 2017 Council Meeting Minutes, Formal Meeting Format NEW BUSINESS: 2. Proposed Resolution 17-013 Authorizing Temporary Parking Restrictions — Cary Driskell [public comment] 3. Motion Consideration: Consultant Contract Pines & Trent Grade Separation, Phase 1 - Gloria Mantz [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and city residence for the record and limit remarks to three minutes. Council Agenda 07-11-17 Formal Format Meeting Page 1 of 2 ADMINISTRATIVE REPORTS: 4. Urban Farming & Animal Keeping — Micki Harnois 5. Library Ad-hoc Committee Update — Mark Calhoun, Cary Driskell 6. Law Enforcement Contract — Mark Calhoun, Cary Driskell, Morgan Koudelka 7. City Hall Update — Doug Powell, Jenny Nickerson 8. Advance Agenda — Mayor Higgins INFORMATION ONLY: (will not be reported or discussed): 9. Potential Transportation Grant(s) CITY MANAGER COMMENTS ADJOURNMENT General Meetinji Schedule (meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 211 and 41 Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the less formal meeting) are generally held the 1St 3'=d and 5r'—' Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 921-1000 as soon as possible so that arrangements may be made. Council Agenda 07-11-17 Formal Format Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 2017 Department Director Approval: El Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST 06/20/2017 06/22/2017 06/22/2017 06/26/2017 06/28/2017 06/29/2017 06/29/2017 VOUCHER NUMBERS 7143-7157 7158-7184 41987-42025 42026-42045 42046-42051 42052 42053-42100 GRAND TOTAL: TOTAL AMOUNT $1,662.00 $3,395.00 $216,668.79 $105,545.92 $5,566.05 $25.00 $1,688,547.97 $2,021,410.73 Explanation of Fund Numbers found #001 - General Fund 001.011.000.511. City Council 001.013.000.513. City Manager 001.013.015.515. Legal 001.016.000. Public Safety 001.018.013.513. Deputy City Manager 001.018.014.514. Finance 001.018.016.518. Human Resources 001.032.000. Public Works 001.058.050.558. CED - Administration 001.058.051.558. CED — Economic Development 001.058.055.558. CED — Development Services -Engineering 001.058.056.558. CED — Development Services -Planning 001.058.057.558 CED — Building 001.076.000.576. Parks & Rec—Administration 001.076.300.576. Parks & Rec-Maintenance 001.076.301.571. Parks & Rec-Recreation 001.076.302.576. Parks & Rec- Aquatics 001.076.304.575. Parks & Rec- Senior Center 001.076.305.571. Parks & Rec-CenterPlace 001.090.000.511. General Gov't- Council related 001.090.000.514. General Gov't -Finance related 001.090.000.517. General Gov't -Employee supply 001.090.000.518. General Gov't- Centralized Services 001.090.000.519. General Gov't -Other Services 001.090.000.540. General Gov't -Transportation 001.090.000.550. General Gov't -Natural & Economic 001.090.000.560. General Gov't -Social Services 001.090.000.594. General Gov't -Capital Outlay 001.090.000.595. General Gov't -Pavement Preservation on Voucher Lists Other Funds 101— Street Fund 103 Paths & Trails 105 — Hotel/Motel Tax 106 — Solid Waste 120 - CenterPlace Operating Reserve 121— Service Level Stabilization Reserve 122 — Winter Weather Reserve 204 — Debt Service 301 — REET 1 Capital Projects 302 — REET 2 Capital Projects 303 — Street Capital Projects 309 — Parks Capital Grants 310 — Civic Bldg Capital Projects 311 — Pavement Preservation 312 — Capital Reserve 314 — Railroad Grade Separation Projects 402 — Stormwater Management 403 — Aquifer Protection Area 501— Equipment Rental & Replacement 502 — Risk Management RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists vchlist 06/20/2017 1:19:14P M Voucher List Page: 1 Spokane Valley Bank code : pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 7143 6/20/2017 006041 ACHEN, DAVINA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: DISCOVERY PL 75.00 Total : 75.00 7144 6/20/2017 006042 BONFORTI, SHELLY PARKS REFUND 001.237.10.99 DEPOSIT REFUND: VALLEY MISSIC 75.00 Total : 75.00 7145 6/20/2017 004360 CARFF, CHERYL PARKS REFUND 001.237.10.99 DEPOSIT REFUND: BROWNS PARI' 75.00 Total : 75.00 7146 6/20/2017 006043 COSTA, GALE PARKS REFUND 001.237.10.99 CANCELLATION REFUND: MIRABE, 243.00 Total : 243.00 7147 6/20/2017 006040 DEVLEMING, KRISTIN PARKS REFUND 001.237.10.99 DAY CAMP CANCELLATION 118.00 Total : 118.00 7148 6/20/2017 006044 GOOLD, AIMEE PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREENACRES 75.00 Total : 75.00 7149 6/20/2017 004345 IBEW LOCAL #73 PARKS REFUND 001.237.10.99 DEPOSIT REFUND: VALLEY MISSIC 75.00 Total : 75.00 7150 6/20/2017 006045 KORCHEMNYY, TANYA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: TERRACE VIEV 75.00 Total : 75.00 7151 6/20/2017 006039 MACKELVIE, SCOTT PARKS REFUND 001.237.10.99 DEPOSIT REFUND: FIRESIDE LOUI 210.00 Total : 210.00 7152 6/20/2017 004682 MIRANDA, CHRISTY PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU MEQ 75.00 Total : 75.00 7153 6/20/2017 006038 RIDDLE, TINA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: FIRESIDE LOUI 210.00 Total : 210.00 7154 6/20/2017 006047 SMITH, VICKY PARKS REFUND 001.237.10.99 DEPOSIT REFUND: DISCOVERY W 75.00 Total : 75.00 7155 6/20/2017 004214 WA VIRTUAL ACADEMY REISSUE PARKS REFUN 001.237.10.99 REISSUE DAMAGE DEPOSIT AUDI- 131.00 Page: 1 vch l ist 06/20/2017 1:19:14PM Voucher List Page: 2 Spokane Valley Bank code : pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 7155 6/20/2017 004214 004214 WA VIRTUAL ACADEMY (Continued) Total : 131.00 7156 6/20/2017 006048 WEAVER, BRANDI PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME 75.00 Total : 75.00 7157 6/20/2017 005108 WILLIAMS, CARISSA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: DISCOVERY PL 75.00 Total : 75.00 15 Vouchers for bank code : pk-ref Bank total : 1,662.00 15 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Total vouchers : 1,662.00 Page: 2 vch l ist 06/22/2017 11:45: OOAM Voucher List Spokane Valley Page: 1- Bank code : pk-ref Voucher Date Vendor Invoice 7158 6/22/2017 002426 AARP ORGANIZATION 7159 6/22/2017 006073 BRESNAHAN, ERIN 7160 6/22/2017 006051 DANIELSON, ASHLEY 7161 6/22/2017 006052 FARRELL, JOE 7162 6/22/2017 006053 GLEESE, SHAWNDELL 7163 6/22/2017 006054 JENECKE, TANA 7164 6/22/2017 006055 KONKLE, AMBER 7165 6/22/2017 006074 NELSON, AMANDA 7166 6/22/2017 006056 OLSON, ANDY 7167 6/22/2017 006057 PHELPS, PEGG'Y 7168 6/22/2017 006058 QUASCHNIK, EMMY 7169 6/22/2017 006059 RASMUSSEN, AIMEE 7170 6/22/2017 006072 RENNAKER, SHERIDON Fund/Dept Description/Account Amount PARKS REFUND 001.237.10.99 REISSUE DEPOSIT REFUND: GRE/ Total : PARKS REFUND 001.237.10.99 REFUND SUMMER DAY CAMP Total : PARKS REFUND 001.237.10.99 DEPOSIT REFUND: VALLEY MISSIC Total : PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME Total : PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME Total : PARKS REFUND 001.237.10.99 DEPOSIT REFUND: TERRACE VIEV Total : PARKS REFUND 001.237.10.99 DEPOSIT REFUND: DISCOVERY PL Total : PARKS REFUND 001.237.10.99 REFUND SUMMER DAY CAMP Total : PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREENACRES Total : PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME Total : PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME Total : PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME Total : PARKS REFUND 001.237.10.99 210.00 210.00 118.00 118.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 581.00 581.00 300.00 300.00 75.00 75.00 75.00 75.00 75.00 75.00 DEPOSIT REFUND: DISCOVERY PF 75.00 Page: vchlist 06/22/2017 11:45: OOAM Voucher List Spokane Valley Page: A Bank code : pk-ref Voucher Date Vendor Invoice 7170 6/22/2017 006072 006072 RENNAKER, SHERIDON 7171 6/22/2017 006046 SCLERODERMA FOUNDATION 7172 6/22/2017 006060 SIMPSON, CHARLIE 7173 6/22/2017 006061 SMITH, SHAWNDALE 7174 6/22/2017 006062 SOBOVOY, VICTORIYA 7175 6/22/2017 006063 SPARLIN, ELIZABETH 7176 6/22/2017 006064 SPOKANE EMPIRE 7177 6/22/2017 006065 SPOKANE FALLS EXPRESS 7178 6/22/2017 006075 STERLING, LORI 7179 6/22/2017 006066 THOMPSON, MELANIE 7180 6/22/2017 001452 VALLEY BIBLE CHURCH 7181 6/22/2017 004365 WALL-CARPINTEYRO, SHELENA 7182 6/22/2017 006067 WEAVER, MELISSA 7183 6/22/2017 006068 WHALEN, DEIRDRE Fund/Dept Description/Account Amount (Continued) PARKS REFUND 001.237.10.99 DEPOSIT REFUND: PARKS REFUND 001.237.10.99 DEPOSIT REFUND: PARKS REFUND 001.237.10.99 DEPOSIT REFUND: PARKS REFUND 001.237.10.99 DEPOSIT REFUND: PARKS REFUND 001.237.10.99 DEPOSIT REFUND: PARKS REFUND 001.237.10.99 DEPOSIT REFUND: PARKS REFUND 001.237.10.99 DEPOSIT REFUND: PARKS REFUND 001.237.10.99 REFUND SUMMER PARKS REFUND 001.237.10.99 DEPOSIT REFUND: PARKS REFUND 001.237.10.99 DEPOSIT REFUND: PARKS REFUND 001.237.10.99 DEPOSIT REFUND: PARKS REFUND 001.237.10.99 DEPOSIT REFUND: PARKS REFUND 001.237.10.99 Total : MIRABEAU MEd Total : VALLEY MISSIC Total : DISCOVERY PL Total : DISCOVERY PL Total : TERRACE VIEV Total : GREENACRES Total : MIRABEAU ME Total : DAY CAMP Total : SULLIVAN PARI Total : VALLEY MISSIC Total : VALLEY MISSIC Total : TERRACE VIEV Total : 75.00 300.00 300.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 86.00 86.00 75.00 75.00 300.00 300.00 75.00 75.00 75.00 75.00 DEPOSIT REFUND: MIRABEAU MEQ 75.00 Page: vchlist 06/22/2017 11:45: OOAM Voucher List Spokane Valley Page: Bank code : pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 7183 6/22/2017 006068 006068 WHALEN, DEIRDRE (Continued) Total : 75.00 7184 6/22/2017 006069 ZIMMERMAN, TERI PARKS REFUND 001.237.10.99 DEPOSIT REFUND: EDGECLIFF 75.00 Total : 75.00 27 Vouchers for bank code : pk-ref Bank total : 3,395.00 27 Vouchers in this report Total vouchers : 3,395.00 I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as descrrbed herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: �3'� vchlist 06/22/2017 1:25:42PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 41987 6/22/2017 004695 ABRASIVES SPOKANE LLC 41988 6/22/2017 000197 ACRANET 41989 6/22/2017 000394 AM LANDSHAPER INC 41990 6/22/2017 004710 BERG, CHRIS 41991 6/22/2017 004439 BIRCH COMMUNICATIONS INC 41992 6/22/2017 000673 BUDGET ARBOR & LOGGING LLC 41993 6/22/2017 002562 CD'A METALS 41994 6/22/2017 000101 CDW-G 41995 6/22/2017 000683 DAVID EVANS & ASSOCIATES 41996 6/22/2017 002604 DELL FINANCIAL SERVICES LLC 41997 6/22/2017 002920 DIRECTV INC 41998 6/22/2017 003697 ELECTRIC LIGHTWAVE LLC 20587 3622 16-109 Refund 24121630 11-3359 202192 JCC7365 JCQ1590 399509 79049999 79055444 31571118915 14688505 Fund/Dept 101.042.000.542 001.018.016.518 402.223.40.00 001.231.90.00 001.076.305.575 101.042.000.542 101.000.000.542 001.090.000.518 001.090.000.518 101.042.000.542 001.090.000.548 001.090.000.548 101.042.000.543 001.090.000.586 Description/Account Amount SUPPLIES FOR STREET DEPT Total : EMPLOYEE BACKGROUND CHECk Total : RETAINAGE PROJECT 16-109 2016 Total : REISSUE DRS CASH OUT CONTRII Total : PHONE SERVICE AT CENTERPLAC Total : Total : SUPPLIES: SNOWPLOWS Total : COMPUTER HARDWARE COMPUTER HARDWARE Total : TRAFFIC SERVICES Total : REMOVE TREE COMPUTER LEASE: 001-8922117-0 COMPUTER LEASE: 001-8922117-0 Total : CABLE SERVICE FOR MAINTENAN Total : 109.81 109.81 129.00 129.00 4,118.00 4,118.00 41.53 41.53 422.77 422.77 2,067.20 2,067.20 905.76 905.76 23.03 44.09 67.12 3,596.39 3,596.39 1,007.56 1,050.24 2,057.80 124.48 124.48 INTERNET SERVICE 235.73 Page: vchlist 06/22/2017 1:25:42PM Voucher List Spokane Valley Page: �2 Bank code : apbank Voucher Date Vendor Invoice 41998 6/22/2017 003697 003697 ELECTRIC LIGHTWAVE LLC 41999 6/22/2017 003274 EXCHANGE PUBLISHING LLC 42000 6/22/2017 001926 FARR, SARAH 42001 6/22/2017 001232 FASTENAL CO 42002 6/22/2017 003261 FEHR & PEERS 42003 6/22/2017 001447 FREE PRESS PUBLISHING INC 42004 6/22/2017 001253 GORDON THOMAS HONEYWELL 42005 6/22/2017 000007 GRAINGER 42006 6/22/2017 000917 GRAYBAR 42007 6/22/2017 000002 H & H BUSINESS SYSTEMS INC. (Continued) 455706 455707 455708 455709 455710 EXPENSES I DLEW 104257 115374 47439 47440 47441 47442 47444 May 17 1042 9465058205 991690407 991715195 991788328 Fund/Dept 001.013.000.513 001.013.000.513 001.013.000.513 001.058.056.558 001.058.056.558 001.018.014.514 101.042.000.542 001.058.260.558 001.013.000.513 001.013.000.513 001.013.000.513 001.058.056.558 001.058.056.558 001.011.000.511 101.042.000.542 001.090.000.518 001.090.000.518 001.090.000.518 Description/Account Amount LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total : Total : EXPENSE REIMBURSEMENT REISSUE - SUPPLIES: PW PROFESSIONAL SERVICES LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION GOVERNMENTAL AFFAIRS SUPPLIES: STREET DEPT COMPUTER HARDWARE COMPUTER HARDWARE COMPUTER HARDWARE 344207 001.013.000.513 COPIER COSTS 344208 001.013.000.513 COPIER COSTS Total : Total : Total : Total : Total : Total : Total : 235.73 33.18 32.39 11.06 61.62 60.83 199.08 56.18 56.18 35.37 35.37 32,320.60 32,320.60 25.00 37.40 38.25 68.85 68.85 238.35 4,755.53 4,755.53 19.28 19.28 84.43 60,02 62.80 207.25 311.96 41.61 Page: vchlist 06/22/2017 1:25:42PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 42007 6/22/2017 000002 H & H BUSINESS SYSTEMS INC. 42008 6/22/2017 002990 INPRO 42009 6/22/2017 000864 JUB ENGINEERS INC. 42010 6/22/2017 001051 KOUDELKA, MORGAN 42011 6/22/2017 004610 MECKEL, THERESA 42012 6/22/2017 006070 MELCHERT, JEFF 42013 6/22/2017 002203 NAPA AUTO PARTS 42014 42015 42016 6/22/2017 000662 NAT'L BARRICADE & SIGN CO (Continued) 344209 344210 344220 344221 344228 344229 344343 344344 344386 105 0109071 Refund AQUATICS REFUND BLA-2017-0004 805519 806446 95220 6/22/2017 004850 NAVIA BENEFIT SOLUTIONS, HRA PLAN 10092564 6/22/2017 001035 NDM TECHNOLOGIES INC Fund/Dept 001.013.015.515 001.013.015.515 001.058.050.558 001.058.050.558 001.011.000.511 001.011.000.511 001.076.000.576 001.076.000.576 001.058.057.558 001.076.305.575 101.042.000.542 001.231.90.00 001.076.302.347 001.058.058.345 101.042.000.542 101.042.000.542 001.013.000.513 001.018.016.518 25981 001.090.000.518 Description/Account Amount COPIER COSTS COPIER COSTS COPIER COSTS COPIER COSTS COPIER COSTS COPIER COSTS COPIER COSTS COPIER COSTS COPIER COSTS Total : REISSUE PMT - BOOTHS FOR BRIO Total : 2017 TIP MAINTENANCE & UPDATE Total : REISSUE DRS CASH OUT CONTRII Total : REISSUE AQUATICS REFUND: MEC Total : PERMIT REFUND: BLA-2017-0004 Total : SUPPLIES: STREET DEPT SUPPLIES: MAINTENANCE SHOP Total : SUPPLIES: EXECUTIVE Total : FLEX SPENDING ADMINISTRATION Total : EQUIP REPAIR & MAINTENANCE 129.96 11.97 178.42 29.11 417.92 19.07 635.08 38.82 6.80 1,820.72 300.00 300.00 20,408.25 20,408.25 47.04 47.04 17.50 17.50 77.00 77.00 38.17 6.13 44.30 41.34 41.34 364.00 364.00 1,197.00 Page: vch l ist 06/22/2017 1:25:42PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 42016 6/22/2017 001035 NDM TECHNOLOGIES INC 42017 6/22/2017 000652 OFFICE DEPOT INC. 42018 6/22/2017 001604 PACIFIC NW PAPER 42019 6/22/2017 000090 SPOKANE CO INFO SYSTEMS 42020 6/22/2017 000001 SPOKANE CO TREASURER 42021 6/22/2017 000257 STATE AUDITOR'S OFFICE 42022 6/22/2017 006071 TAX RECOVERY SERVICES LLC 42023 6/22/2017 002597 TWISTED PAIR ENTERPRISES LLC 42024 6/22/2017 002960 WICK, BEN 42025 6/22/2017 001885 ZAYO GROUP LLC 39 Vouchers for bank code : apbank 39 Vouchers in this report (Continued) 25983 26015 931984295001 933928176001 181265 50316025 110100170 934001963 L120778 1062 5312017 EXPENSE June 2017 June 2017 Fund/Dept 001.090.000.518 001.090.000.518 001.090.000.519 001.018.014.514 001.090.000.519 001.058.056.558 Description/Account Amount EQUIP REPAIR & MAINTENANCE IT SUPPORT Total : OFFICE SUPPLIES: IT OFFICE SUPPLIES: FINANCE Total : PALLET OF COPY PAPER Total : COUNTY IT SUPPORT MAY 2017 Total : 101.042.000.542 MAY 2017 ENGINEERING 001.016.099.594 Q1-17 CADRMS 001.090.000.514 SAO AUDIT OF 2016 101.042.000.316 001.011.000.511 001.011.000.511 001.090.000.518 001.090.000.518 UTILITY TAX AUDIT Total : Total : Total : BROADCASTING COUNCIL MTGS Total : REISSUE EXPENSE REIMBURSEMI Total : INTERNET SERVICE NETWORK INFRASTRUCTURE AC( Total : 1,197.00 150.00 2,544.00 144.44 10.98 155.42 1,462.27 1,462.27 12,827.08 12,827.08 48,413.52 47,511.94 95,925.46 2,280.95 2,280.95 24,342.60 24,342.60 1,472.00 1,472.00 17.65 17.65 560.73 253.25 813.98 Bank total : 216,668.79 Total vouchers : 216,668.79 Page:".,.-. vchlist 06/26/2017 9:42:02AM Voucher List Spokane Valley Page: <t'� Bank code : apbank Voucher Date Vendor Invoice 42026 6/26/2017 004046 AMERICAN ONSITE SERVICES 42027 42028 42029 6/26/2017 003076 6/26/2017 003337 6/26/2017 000918 AMSDEN, ERICA ARROW CONSTRUCTION SUPPLY INC A-215471 A-216811 A-217161 A-218646 Expenses 16635 BLUE RIBBON LINEN SUPPLY INC 9865580 9867571 S0166826 S0166904 S0167245 42030 6/26/2017 003261 FEHR & PEERS 42031 6/26/2017 001732 GREATER SPOKANE SUBSTANCE 42032 6/26/2017 001635 ISS FACILITY EVENT SERVICES 42033 6/26/2017 000252 LOWE'S BUSINESS ACCOUNT 42034 6/26/2017 001130 MPLC 115721 2017 1189144 June 2017 504092791 42035 6/26/2017 000193 NORTHWEST CHRISTIAN SCHOOL INC July 2017 Fund/Dept 001.076.300.576 001.076.300.576 001.076.300.576 001.076.300.576 001.032.000.543 001.016.000.521 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.058.260.558 001.090.000.560 001.076.305.575 001.016.000.521 001.076.305.575 001.090.000.518 Description/Account Amount FENCING AT BROWNS PARK PORTABLE RESTROOMS AT PARK; PORTABLE RESTROOMS AT PARK: CREDIT MEMO FOR PORTABLE RE Total : EXPENSE REIMBURSEMENT Total : ASPHALT SEALING AND RESTRIPII Total : LINEN SERVICE AND SUPPLY ATC LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY AT C Total : PROFESSIONAL SERVICES Total : 2017 SOC SER GRANT REIMBURSI Total : EVENT SVCS AT CENTERPLACE Total : OPERATING SUPPLIES: PARKS/CP Total : LICENSE FOR MOTION PICTURE Total : CITY HALL RENT: JULY 2017 Total : 106.08 174.00 318.00 -109.00 489.08 29.96 29.96 8,943.36 8,943.36 40.40 40.40 66.76 675.94 3.54 827.04 23,320.14 23,320.14 1,469.71 1,469.71 136.95 136.95 171.03 171.03 587.21 587.21 54,332.63 54,332.63 Page: vchlist Voucher List 06/26/2017 9:42:02AM Spokane Valley Page: // Bank code : apbank Voucher Date Vendor Invoice 42036 6/26/2017 001133 PATRIOT FIRE PROTECTION INC. 42037 6/26/2017 000415 ROSAUERS FOOD & DRUG CENTER 42038 6/26/2017 006080 SAFEGUARD PROPERTIES MGMT 42039 6/26/2017 000324 SPOKANE CO WATER DIST#3 2315188"2 01-1148327 NUI -2016-0182 June 2017 42040 6/26/2017 000404 SPOKANE VALLEY HERITAGE MUSEUM June 2017 42041 6/26/2017 003532 STERICYCLE COMMUNICATION SOLUT 8010610298 42042 6/26/2017 002306 TERRELL LANDSCAPE ARCHITECT, MIC 2920 42043 6/26/2017 000066 WCP SOLUTIONS 10159807 42044 6/26/2017 003610 WEST PLAINS CHAMBER OF COMMERC 2505 42045 6/26/2017 000487 YMCA OF THE INLAND NW 20 Vouchers for bank code : apbank 20 Vouchers in this report June 14 2017 Fund/Dept 001.016.000.521 001.076.301.571 001.058.059.353 402.402.000.531 001.090.000.550 001.076.305.575 001.076.000.576 001.076.305.575 001.076.305.575 001.076.302.576 Description/Account Amount ANNUAL INSPECTION OF BACKFL( Total : SUPPLIES FOR BRIDAL TRADE SH Total : NUI -2016-0182 REFUND FOR OVEF Total : WATER CHARGES FOR MAY 2017 Total : 2017 ECO DEV GRANT REIMBURSI Total : ANSWERING SVC FOR CENTERPL Total : 17-016 FARMERS MARKET TASK 1 Total : SUPPLIES FOR CENTERPLACE Total : MEMBERSHIP FOR WEST PLAINS Total : OPERATING EXPENSES FOR MAY: Total : Bank total : Total vouchers : 320.96 320.96 18.70 18.70 6.00 6.00 188.38 188.38 1,995.00 1,995.00 39.44 39.44 2,850.00 2,850.00 766.28 766.28 250.00 250.00 8,804.05 8,804.05 105,545.92 105,545.92 Page: vchlist 06/28/2017 8:02:23AM Voucher List Spokane Valley Page: %A Bank code : apbank Voucher Date Vendor 42046 6/28/2017 001606 BANNER BANK 42047 6/28/2017 001606 BANNER BANK 42048 6/28/2017 001606 BANNER BANK 42049 6/28/2017 001606 BANNER BANK 42050 6/28/2017 001606 BANNER BANK Invoice Fund/Dept 8557 June 2017 001.011.000.511 8557 June 2017 001.011.000.511 8557 June 2017 001.011.000.511 8557 June 2017 001.011.000.511 8557 June 2017 001.013.000.513 8557 June 2017 001.013.000.513 8557 June 2017 001.011.000.511 8557 June 2017 001.011.000.511 8599 June 2017 309.000.261.594 8599 June 2017 001.076.305.575 8599 June 2017 309.000.242.594 8599 June 2017 309.000.242.594 8599 June 2017 001.076.305.575 8573 June 2017 001.090.000.518 8573 June 2017 001.090.000.517 8573 June 2017 001.090.000.517 8573 June 2017 001.058.051.558 8573 June 2017 402.402.000.531 8573 June 2017 001.032.000.543 5214 June 2017 Description/Account Amount GREATER SPOKANE INC WALGREENS GREATER SPOKANE VALLEY CHAP CAPITOL HILL HOTEL - CREDIT VO MARRIOTT MONTREAL CHATEAU - BANNER BANK ALBERTSON'S ALASKA AIRLINES Total : SPOKANE REGIONAL HEALTH DIS' THERMAL SUPPLY SPOKANE REGIONAL HEALTH DIS" SPOKANE REGIONAL HEALTH DIS" HOME DEPOT AVTECH SOFTWARE DOLLAR TREE STORES SUBWAY GREATER SPOKANE INC GREEN RIVER COMMUNITY SPOKANE ART SUPPLY 106.000.230.537 BEST WESTERN PASCO 9713 June 2017 001.058.056.558 9713 June 2017 001.058.057.558 9713 June 2017 001.058.051.558 9713 June 2017 001.058.051.558 9713 June 2017 001.058.057.558 9713 June 2017 001.058.056.558 Total : Total : Total : APA- INLAND EMPIRE SECTION PAW WAKE UP CALL COFFEE SAFEWAY WABO APA INLAND EMPIRE Total : 45.00 11.16 50.00 -50.00 1,057.18 11.62 10.88 133.20 1,269.04 520.00 149.49 250.00 227.50 341.94 1,488.93 199.95 16.32 414.53 25.00 310.00 53.86 1,019.66 324.54 324.54 290.00 120.00 52.22 14.98 95.00 290.00 862.20 Page: 1� ~ vchlist 06/28/2017 8:02:23AM Voucher List Spokane Valley Page:/s5 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 42051 6/28/2017 001606 BANNER BANK 8565 June 2017 402.402.000.531 WSU CONFERENCE MGMT 75.00 8565 June 2017 001.018.016.518 CRAIGSLIST.ORG 25.00 8565 June 2017 001.018.016.518 CRAIGSLIST.ORG 25.00 8565 June 2017 001.018.016.518 INDEED 25.63 8565 June 2017 001.018.016.518 SHOPKO 90.00 8565 June 2017 402.402.000.531 MECHANICS PRIDE 132.74 8565 June 2017 001.018.016.518 CRAIGSLIST.ORG 25.00 8565 June 2017 001.090.000.517 VALLEY BOWL 133.79 8565 June 2017 001.018.016.518 INDEED 69.52 Total: 601.68 6 Vouchers for bank code : apbank Bank total : 5,566.05 6 Vouchers in this report Total vouchers : 5,566.05 I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: vchlist 06/29/2017 7:16:58AM Voucher List Page: Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 42052 6/29/2017 001606 BANNER BANK 1 Vouchers for bank code : apbank 1 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date 8565 June 2017 001.018.016.518 CRAIGSLIST.ORG 25.00 Total : Bank total : Total vouchers : 25.00 25.00 25.00 Page: vchlist 06/29/2017 4:02:32PM Voucher List Spokane Valley Page: -4.— Bank code : apbank Voucher Date Vendor Invoice 42053 6/29/2017 000958 AAA SWEEPING LLC 58633-A 58634 42054 6/29/2017 000648 ABADAN REPROGRAPHICS 78061 42055 6/29/2017 003078 ALLWESTTESTING & ENGINEERING 84960 42056 6/29/2017 000050 APA- INLAND EMPIRE SECTION 42057 6/29/2017 005268 ATLAS ADVERTISING LLC 42058 6/29/2017 000271 BAINBRIDGE, CHRISTINE 42059 6/29/2017 006085 BECK, BARRY L 42060 6/29/2017 004231 BELSBY ENGINEERING 17180 17181 42061 6/29/2017 002615 BULLOCK, SUSAN EXPENSES 42062 6/29/2017 000322 CENTURYLINK JUNE 2017 42063 6/29/2017 000571 CODE PUBLISHING COMPANY 56855 42064 6/29/2017 001880 CROWN WEST REALTY LLC JULY 2017 229 1305 EXPENSES PARCEL 55181.2003 Fund/Dept 402.402.000.531 402.402.000.531 303.000.250.595 313.000.215.594 001.018.016.518 001.058.051.558 001.013.000.513 303.303.123.595 303.000.258.595 001.058.055.558 001.013.015.515 001.076.000.576 001.013.000.513 101.042.000.543 Description/Account Amount STREET SWEEPING SERVICES STORM DRAIN CLEANING Total : PRINT SERVICE Total : ON-CALL MATERIALS TESTING Total : JOB POSTING ADVERTISING Total : Total : EXPENSE REIMBURSEMENT Total : BORDER EASEMENT MISSION AVE Total : 0258 -SURVEY SERVICES PROFESSIONAL SERVICES Total : EXPENSE REIMBURSEMENT Total : 2017 PHONE SVCS: ACCT 509 Z14 - Total : ELECTRONIC CODE UPDATE Total : 76,443.81 20,186.72 96,630.53 526.81 526.81 3,515.00 3,515.00 100.00 100.00 1,612.00 1,612.00 49.72 49.72 842.00 842.00 10,900.00 742.50 11,642.50 24.04 24.04 532.93 532.93 97.92 97.92 COMMON AREA CHARGES FOR W 155.15 Page: vchlist 06/29/2017 4:02:32PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 42064 6/29/2017 001880 001880 CROWN WEST REALTY LLC (Continued) 42065 6/29/2017 000734 DEPT OF TRANSPORTATION RE-313-ATB70613043 101.042.000.542 42066 6/29/2017 004950 EIGHT31 CONSULTING 42067 6/29/2017 003274 EXCHANGE PUBLISHING LLC 42068 6/29/2017 001447 FREE PRESS PUBLISHING INC 42069 6/29/2017 000609 GENDRONS CO 42070 6/29/2017 000007 GRAINGER 42071 6/29/2017 000011 GREATER SPOKANE VALLEY 42072 6/29/2017 002043 HDR ENGINEERING INC 42073 6/29/2017 005994 HENKE MANUFACTURING COMPANY 42074 6/29/2017 003297 HIGGINS, LEWIS ROD 42075 6/29/2017 006087 JANKE, TERRY 1052 456529 456530 47463 47465 8393 9467769510 9473071273 27294 1200059055 5812518 EXPENSES 55073.3302/2007 001.032.000.543 001.058.056.558 001.058.056.558 001.058.056.558 001.058.056.558 001.032.000.543 312.000.215.594 101.042.000.542 001.011.000.511 402.000.193.531 501.000.000.594 001.011.000.511 303.303.123.595 Description/Account Amount Total : REIMBURSE TRAFFIC SVCS MAINZ Total : PROFESSIONAL SERVICES LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION SAFETY EQUIPMENT: PW SUPPLIES: NEW CITY HALL SUPPLIES: STREET DEPT 155.15 4,940.18 4,940.18 5,000.00 Total : 5,000.00 Total : Total : Total : 404.63 Total : 71.89 60.83 132.72 82.45 68.85 151.30 404.63 JUNE BUSINESS CONNECTIONS Total : PROFESSIONAL SERVICES Total : SNOWPLOW BLADE (HENKE) Total : EXPENSE REIMBURSEMENT Total : 115.14 34.01 149.15 25.00 25.00 48,719.25 48,719.25 11,397.89 11,397.89 310.99 310.99 ROW - EASEMENTS FOR MISSION 500.00 Total: 500.00 Page:-2----- vchlist 06/29/2017 4:02:32PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 42076 6/29/2017 004632 LEVEL 3 COMMUNICATIONS 42077 6/29/2017 003251 MDI MARKETING 42078 6/29/2017 005037 MERIDIAN CONSTRUCTION INC 42079 6/29/2017 000307 OFFICE OF THE STATE TREASURER 42080 6/29/2017 006086 O'REAR, DONNA L 42081 6/29/2017 003653 PARTSMASTER 56812889 10765 PAY APP 12 MAY 2017 PARCEL 55181.1925 23158688 42082 6/29/2017 005109 PICTOMETRY INTERNATIONAL CORP US41095 42083 6/29/2017 002467 QWICK KURB INC. 42084 6/29/2017 000031 ROYAL BUSINESS SYSTEMS 42085 6/29/2017 002520 RWC GROUP 42086 6/29/2017 006079 SHOCKEY PLANNING GROUP INC 42087 6/29/2017 000308 SPOKANE CO PROSECUTING ATTY 42088 6/29/2017 000001 SPOKANE CO TREASURER 145183 IN64338 166146 53431N 201705015 MAY 2017 51503832 Fund/Dept Description/Account Amount 001.090.000.518 TELECOM SERVICES 106.000.230.537 ADVERTISING 313.000.215.594 Total : Total : 0215 -CITY HALL CONSTRUCTION ( Total : 001.016.000.589 STATE REMITTANCE 303.303.123.595 101.042.000.542 402.402.000.531 101.042.000.542 001.058.057.558 101.000.000.542 101.000.000.542 001.058.056.558 001.016.000.589 Total : BORDER EASEMENT - MISSION AV Total : SMALL TOOLS/MINOR EQUIPMENT Total : PICTOMETRY CONNECT SUPPLIES: STREET DEPT JUNE 2017 COPIER COSTS Total : Total : Total : SERVICE FOR SNOWPLOW #211 SUPPLIES FOR #205 PROFESSIONAL SERVICES Total : Total : CRIME VICTIMS COMPENSATION F Total : 1,517.40 1,517.40 13,003.00 13,003.00 642,139.71 642,139.71 35,856.00 35,856.00 306.00 306.00 239.07 239.07 2,393.60 2,393.60 154.13 154.13 1,105.51 1,105.51 1,191.42 107.35 1,298.77 10,143.29 10,143.29 557.59 557.59 001.016.000.523 JUNE 2017 HOUSING 226,057.05 Page: vchlist 06/29/2017 4:02:32PM Voucher List Spokane Valley %7 Page: - Bank code : apbank Voucher Date Vendor Invoice 42088 6/29/2017 000001 000001 SPOKANE CO TREASURER 42089 6/29/2017 000324 SPOKANE CO WATER DIST #3 42090 6/29/2017 002540 SPOKANE HOUSE OF HOSE INC. 42091 6/29/2017 005918 STRATA INC (Continued) JUNE 2017 603913 SPI70120-I N SP170151-IN 42092 6/29/2017 002555 T. LARIVIERE EQUIPMENT &, EXCAVATIO PAYAPP 2 42093 6/29/2017 000335 TIRE-RAMA 8080050879 8080051094 42094 6/29/2017 005267 UTILITY TRAILER SALES OF IDAHO A110028 42095 6/29/2017 000964 VOLT MANAGEMENT CORP 42096 6/29/2017 000140 WALT'S MAILING SERVICE LTD 56000 56058 40288492 42097 6/29/2017 000158 WELCH COMER & ASSOC. INC 42098 6/29/2017 003210 WEST CONSULTANTS INC. 42099 6/29/2017 000980 WESTERN SYSTEMS INC 51043000-005 009137 0000033151 0000033157 Fund/Dept 402.402.000.531 101.042.000.542 309.000.227.595 311.000.255.595 309.000.227.595 001.058.057.558 101.042.000.542 101.000.000.542 001.090.000.518 311.000.253.595 303.303.166.595 309.000.237.595 001.058.055.558 101.042.099.542 101.042.099.542 Description/Account Amount Total : 226,057.05 WATER CHARGES FOR MAY 2017 Total : Total : Total : SUPPLIES: STREET DEPT 0227 -MATERIALS TESTING 0255 -MATERIALS TESTING 0227 -CONSTRUCTION CONTRACT Total : OIL CHANGE #4-007 - 2013 FORD E OIL CHANGE #5-200 - 2008 FORD F Total : SUPPLIES FOR SNOWPLOW REPA Total : HELP DESK TEMP POSTAGE SERVICES POSTAGE SERVICES Total : Total : 16-058: CIP 0237 ENGINEERING S\ Total : PROFESSIONAL SERVICES Total : 1,412.05 1,412.05 74.23 74.23 2,771.50 1,782.50 4,554.00 517,851.21 517,851.21 36.39 41.07 77.46 928.55 928.55 1,080.00 1,080.00 330.49 275.11 605.60 22,989.26 22,989.26 822.15 822.15 BATTERY BACK-UP W/ ENCLOSUR 4,989.55 BATTERY BACK-UP W/ ENCLOSUR 9,979.10 Page: vchlist 06/29/2017 4:02:32PM Voucher List Page: Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 42099 6/29/2017 000980 000980 WESTERN SYSTEMS INC (Continued) 42100 6/29/2017 002501 WHITE BLOCK COMPANY 0238970 -IN 402.402.000.531 48 Vouchers for bank code : apbank 48 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that 1 am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Total : 14,968.65 SUPPLIES: STORMWATER 953.98 Total : 953.98 Bank total : 1,688,547.97 Total vouchers : 1,688,547.97 Page: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 2017 Department Director Approval : Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending June 30, 2017 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Budget/Financial impacts: Employees Council Total Gross: $ 276,159.47 $ 5,475.00 $ 281,634.47 Benefits: $ 113,793.27 $ 13,306.21 $ 127,099.48 Total payroll $ 389,952.74 $ 18,781.21 $ 408,733.95 RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, June 27, 2017 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Rod Higgins, Mayor Arne Woodard, Deputy Mayor Caleb Collier, Councilmember Pam Haley, Councilmember Mike Munch, Councilmember Ed Pace, Councilmember Sam Wood, Councilmember Staff Mark Calhoun, City Manager John Hohman, Deputy City Manager Cary Driskell, City Attorney Chelsie Taylor, Finance Director Mark Werner, Police Chief Mike Stone, Parks & Rec Director Ray Wright, Sr. Traffic Engineer Carolbelle Branch, Public Information Officer Christine Bainbridge, City Clerk INVOCATION: Pastor Isaac Hebden of The Intersection Church gave the invocation. PLEDGE OF ALLEGIANCE: Council, staff and the audience stood for the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Wood: had no report. Councilmember Collier: said he attended the Fire Station #1 Open House; went to the Spirit of America Rally; and said that he attended Sue Passmore's retirement party and that it will be sad to see her go. Councilmember Munch: reported he attended the CRAVE Festival and was very impressed. Councilmember Haley: reported that she also attended the CRAVE Festival; went to a couple STA (Spokane Transit Authority) meetings where they discussed using electric buses; went to the AWC (Association of Washington Cities) Conference in Vancouver and mentioned the impressive keynote speaker who is an inventor who spoke among other things, of the impact of technology changes over time. Councilmember Pace: said he attended a neighborhood watch group meeting at Seth Woodard Elementary School and listened to residents' concerns, and said there were two individuals from the Sheriff's office who gave a talk about how to protect home and self from property crimes; and that he also attended an STA Board meeting. Deputy Mayor Woodard: stated that although there were no evening Council meetings for the past two weeks, Council and staff attended the all -day budget workshop of June 13; said he went to a Chamber business connection meeting and they had a great motivational speaker; went to the CRAVE event and the AWC Conference and said the speaker Councilmember Haley spoke of was a futurist, and a master hacker as well and that Microsoft hired him to come up with new inventions. MAYOR'S REPORT Mayor Higgins reported that he also attended the CRAVE NW event, the AWC Conference, and went to a farewell for Colonel Fritz, Vice Commander of Fairchild Air Force Base, said that since new tankers were added at Fairchild, that makes Fairchild the largest Air Force KC -135 base in the country, which has the added bonus of adding a thousand jobs. Minutes Regular Council Meeting: 06-27-2017 Page 1 of 5 Approved by Council: DRAFT PROCLAMATION: National Parks and Recreation Month After Mayor Higgins read the proclamation for July as National Parks and Recreation Month, the proclamation was accepted with thanks and brief comments by Parks & Recreation Director Stone. ADMINISTRATIVE REPORT: Mayor Higgins announced that some items have been changed around a little on tonight's agenda; that we will first have an administrative report on the Pines/Grace Project, after which there will be an opportunity to speak about the project, and he asked how many people were here tonight to speak about that project. No one raised their hand. 1. Pines/Grace Project — John Hohman In response to no one indicating a desire to speak about this project, Mr. Hohman said that apparently the mailers staff sent out explaining that the project is going to be put on hold, were effective. Mr. Hohman explained that the purpose of this project was safety oriented to improve that intersection; said they received a federal grant to move forward and began the design last year, but there were some difficulties in getting right-of-way on the southwest corner of the intersection, which was needed to allow a clear view triangle to be established and allow left turns out; said the idea was a "pork chop" configuration, and at the time, the previous Public Works department had been requested to go to the public to discuss this and over the last few months, it was determined that message didn't get to the project manager, so, Mr. Hohman explained, we conducted that meeting June 12 and no one was happy with that approach to restrict left - turns as members of the community said it would just move the problem to a different street and that area already doesn't have a lot of access to it. Mr. Hohman said staff conducted the public meeting, listened to the input, and this project has now been removed from the schedule and will not be bid this summer; instead, he explained, we will wait and review some alternatives, one of which was submitted to the Washington State Department of Transportation for their approval; which means this project is on hold, which is the message relayed via a mailer to those residents. Mr. Hohman said once we have an approved solution, this will be brought back to Council, and staff will conduct another public meeting to make sure we have the community's support. Councilmember Wood extended compliments to Mr. Hohman in notifying the people about the project prior to the project's start. PUBLIC COMMENTS: Mayor Higgins explained that tonight there will be just this one opportunity for public comment, and he explained the rules for giving public comments, and then invited public comments. Mr. Ed Batchelder, Spokane Valley: spoke about his opposition to permitting more small farm animals in residential areas in Spokane Valley; said neighbors already fight the smell and the flies as some people who own the animals don't clean up after the animals; and to allow more in residential yards is a disaster; said when people are approached by the City about cleaning up a problem, most of them do so but before long, the problem starts all over again; said he realizes Council will be considering this in a few weeks and he asked Council to please consider the problem that exists now and if this multiplies by allowing more, it will be worse for a lot of people. Mr. Gary Edwards, Spokane County: said he wanted to talk about "the swamp;" and he then explained about an experience he had while traveling and of the humiliation he experienced in dealing with a TSA agent; said he is a little hard of hearing and the TSA agent showed very little respect for him; said he had heard that people will be searched depending on what they are reading, and that he was searched, as was his carry -on bag which had the book "The Making of the President." Said the experience was very humiliating. Ms. Tina Fluegal, Spokane Valley: said she would like to find out if we have parks for children ages one to three; said there are parks for all age children except the young and suggested maybe having some kind of rubber flooring playground so if the child falls down they won't get hurt. She mentioned there was another accident at 8th and McDonald and wants to see this rectified. Said Browns Park splash pad is not finished; and mentioned that she was talking to a Councilmember at her home and they both witnessed two cars Minutes Regular Council Meeting: 06-27-2017 Page 2 of 5 Approved by Council: DRAFT racing down her single lane road as if there were two lanes; said she would like to have the speed limits enforced. Mr. Rocky Samson, Spokane Valley: said there are reports that the CEO of Uber had to either step down or did so voluntarily because of twenty-seven counts of sexual harassment; said this is a public safety issue and he wants something done about that company. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of claim vouchers on June 27, 2017 Request for Council Action Form, Total: $3,174,267.00 b. Approval of Payroll for Pay Period Ending May 31, 2017: $404,544.28 c. Approval of Payroll for Pay Period Ending June 15, 2017: $359,193.83 d. Approval of May 23, 2017 Council Meeting Minutes, Formal Meeting Format e. Approval of May 30, 2017 Council Meeting Minutes, Study Session Format f. Approval of June 6, 2017 Council Meeting Minutes, Study Session Format g. Approval of June 13, 2017 Council Meeting Minutes, Special Workshop Meeting It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: n/a ADMINISTRATIVE REPORTS: 3. Browns Park Volleyball Activities — Mike Stone; Volleyball Assoc. Commissioner Meredith Coupland Parks and Recreation Director Stone introduced representatives from the Evergreen Regional Volleyball Association (ERVA), and said we have had a very successful partnership with them over the last few years, and this Association is the group we contract with to oversee and manage that facility, maintain it, and make sure it is used in the proper way. Volleyball Commissioner Coupland then introduced other members of the Association, and thanked Council for the opportunity to give tonight's update. Ms. Coupland went through her presentation explaining about ERVA including some basic demographics; spoke of the Master Plan for Browns Park and of the numerous volleyball courts; showed a chart explaining their annual growth, and via the City Clerk, distributed a copy of a picture of what the courts look like on non -tournament weekends. Council thanked Ms. Coupland and the other Volleyball representatives for their update. 4. 8th & McDonald Traffic Update — Ray Wright, John Hohman Deputy City Manager Hohman explained that this issue has been further analyzed since the last time it was brought to Council June 6; and that there was another accident yesterday about 2:30 p.m.; it was similar to other accidents but this time the car was travelling eastbound on 8t11 and had stopped, but went into the intersection and his car hit a car southbound on McDonald. Mr. Hohman said that staff feels action is necessary, that this is a safety issue, and staff has prepared an action plan and are prepared to stand by it, and he went over the seven parts of the recommended approach, as noted on his June 27 Request for Council Action form. Mr. Hohman then referenced the handout showing the clear view triangles for the area, and he mentioned the areas of impact highlighted in red and also referenced SVMC (Spokane Valley Municipal Code) Chapter 22.70 dealing with fencing, landscaping and screening; he explained that some of the issues are vegetation, which is also the case on many of our intersections; said vegetation obscures stop signs and signs for stop sign ahead; said that it is a challenge to stay ahead of the growth and our Code Enforcement Officer is out today working with property owners, adding that some people are receptive and others are not. Mr. Hohman said the plan is to make the changes, continue monitoring, and come back to Council in October to report if we see any changes; and if there are no changes to the crash rate, he said at that time he would recommend the four-way stop sign, adding that if we do that, there is a concern about traffic awareness as most traffic will not be expecting to see a four-way stop on McDonald. Mr. Hohman also noted that after the last article in the newspaper, staff heard from some members of the public, and Mr. Minutes Regular Council Meeting: 06-27-2017 Page 3 of 5 Approved by Council: DRAFT Wright added that he received about five calls and all five calls said they were not in favor of a four-way stop. Mr. Wright added that another concern is even volumes on the side street; said there are about 6,000 daily trips on McDonald, and 8th has a little over 2,000; said the level of service at that intersection would be reduced from a B to a C if the four-way stop sign were added, and again said he has not heard from anyone in favor of the four-way stop. Mr. Hohman said that he received a phone call from one person in favor of the four-way stop; and he also explained about the flashing lights and that they can be relocated if necessary, so we would not be wasting money by using the flashing lights, which he said are solar -powered. There was some discussion about cost of the flashing lights; that using overhead lights represents a challenge due to interference with wires and the need of another pole on the east side. Councilmember Munch said he is in favor of staffs approach to this and when this comes back to Council, he suggested the idea of a city-wide resolution to change the speed limit on all two-lane residential streets to 30 mph. Mr. Hohman replied that the idea has been discussed and he will research that to see if it can be done efficiently. The enforcement issue was also raised. The accident from yesterday was again mentioned and Mr. Hohman said he would need further research to see if there were contributing factors. City Attorney Driskell added that the site distance triangles were established for safety; sometimes it is a bush that needs to be removed or trees trimmed, and citizens must do those things for safety reasons; said sometimes people are not happy with us when we ask them to remove vegetation. Mayor Higgins remarked that similar to snow removal, it is a safety issue and basic enforcement. There was Council consensus to move forward as recommended. Councilmember Wood said he also agrees with the idea of changing those residential streets to 30 mph city- wide. 5. Progress and Trent Intersection Improvement — Ray Wright Traffic Engineer Wright explained the need for this project, which is also due to safety issues and past history of accidents; said out of twenty-four accidents over the last four years, eighteen were left -turn accidents at that intersection; said they have worked with WSDOT, spoke with the management at Zip Trip, and had a public meeting with about twenty people; said from correspondence and phone calls, the residents are all in favor of the island; said WSDOT drafted an intersection plan and in order for them to move forward, they need our concurrence. He said the island will be constructed by WSDOT combined with a project of their own; and the hope is to have it installed by the end of July or early August. There was Council consensus to move forward with the plan, and that Mr. Hohman will do the plan's design. Mr. Driskell said he will check with WSDOT to see if anything else is required. 6. Sidewalk Snow Removal — Cary Driskell City Attorney Driskell recapped the background of this issue, including the aspects of this program which Council have generally agreed on; and mentioned the displayed map on the whiteboard showing the Safe Routes to School. He then explained the unresolved issue of removing snow where there is a fence adjacent to the sidewalk at the rear of a property; said some members of Council expressed concern that it would be more difficult for many of those residents to access the rear sidewalks because there is no rear gate; so the issue is now, whether to exempt those certain property owners and or include any qualifying property not on a corner. Councilmember Munch said his main concern was that those back sidewalk areas were being buried by our plows, but now that shouldn't be as big of a concern as the snow can be put on the bike lanes instead of the sidewalks; he said many of those sidewalks are on safe routes, and that we need to educate the citizens that they are responsible for their own back sidewalk. Mr. Driskell said we will also go slower in some of those areas so we will be doing our part, but the adjoining property owners need to do their part as well as this has to be done and the shared approach is probably the best solution. Councilmember Pace said he agrees and feels this solution is better than raising taxes. There was Council consensus to go with the uniform application and that an adjacent property owner has the obligation to keep their sidewalk clear. Mr. Driskell said that for those areas without a bike lane, putting the snow next to the curb and not on the sidewalk or into the travel lanes is a solution; and said he will think about language to make it clear that this is a policy that during winter months, the bike lanes will be used to store snow removed from the sidewalks, adding that the snow will need to be removed from any sidewalk when there is an accumulation Minutes Regular Council Meeting: 06-27-2017 Page 4 of 5 Approved by Council: DRAFT of at least three inches. Mr. Driskell added that the ordinance will also grant the City Manager the ability to grant amnesty periods. Mayor Higgins called for a recess at 7:32 p.m.; he reconvened the meeting at 7:45 p.m. 7. Parking Restrictions General Authority — Cary Driskell After City Attorney Driskell explained the purpose of the proposed resolution as noted on his June 27, 2017 Request for Council Action, and there was Council consensus that staff include the resolution for Council consideration on the July 11 Council agenda. 8. Police Dept. Monthly Report — Chief Werner Police Chief Werner went over the highlights of his May monthly report; mentioned SCOPE volunteer hours and of the dedicated SCOPE SIRT volunteer team which assists with many things including parade support; spoke of the two life -savings efforts that occurred in May; briefly went over the crime statistics; and mentioned that scams are still prevalent and stressed that no one from the Police Department or Sheriff's Office will ever call someone asking for money to prevent that person from going to jail; said law enforcement is seeing a lot of stolen guns, many of which are stolen from vehicles, and he stressed that vehicles are not a safe and secure place to store weapons; he suggested citizens have the make, model and serial number in a safe place for quicker recovery if the weapon is stolen; he also mentioned there have been some counterfeit $100 bills in the area, some of which were discovered in yard sales. Chief Werner also mentioned that the property crimes task force will conclude the end of the month; and that law enforcement officials have been working together and from March to June, they had 633 new felony charges with 58 people booked and 90 summons or warrants issued;, adding that many of these people are transients. 9. Advance Agenda — Mayor Higgins There were no suggested changes to the Advance Agenda. The (10) Department Reports, and the (11) Audit Engagement Letter were for information only and were not reported or discussed. CITY MANAGER COMMENTS Mr. Calhoun reminded everyone that next Tuesday is July 4th so there will be no Council meeting. He also noted that the state legislature has not yet wrapped up their business or adopted the budget and at this point it is unknown what will happen and whether there will be a shut down; said he was informed by the Department of Revenue that they will maintain a skeleton crew to do the normal remittance, and he expressed concern about the revenue sharing. Mr. Calhoun said that City Administrative Assistant Sue Passmore will be retiring next week after working for the City for ten years, that July 3rd will be her last day, and he encouraged everyone to come say goodbye to her, and said that she will be missed. Mr. Calhoun also noted that we have many capital projects which are in part, grant financed with an 80/20 split of costs; and said in reality we spend millions in the summer as we wait for those reimbursements. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:04 p.m. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Minutes Regular Council Meeting: 06-27-2017 Page 5 of 5 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 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: Proposed Resolution 17-013 Delegating Authority to Impose Temporary Parking Restrictions Relating to Construction Projects. GOVERNING LEGISLATION: Chapter 9.05 SVMC. PREVIOUS COUNCIL ACTION TAKEN: May 23, 2017, Council approved Resolution 17-012 authorizing staff to adopt and enforce temporary parking restrictions relating to a construction project on Euclid Avenue; administrative report June 27, 2017. BACKGROUND: In drafting Resolution 17-012, staff determined that it would be useful to have delegated authority from Council to impose temporary parking restrictions relating to construction projects, without having to come to Council each time. Proposed Resolution 17- 013 provides that authority, with appropriate limitations that include notice requirements and time limitations. OPTIONS: (1) Approve Resolution 17-013 as drafted; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: I move we approve Resolution 17-013 Delegating Authority to Impose Temporary Parking Restrictions Relating to Construction Projects. BUDGET/FINANCIAL IMPACTS: NA. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Proposed Resolution 17-013 Delegating Authority to Impose Temporary Parking Restrictions Relating to Construction Projects. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 17-013 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, DELEGATING TO STAFF THE AUTHORITY TO IMPOSE TEMPORARY PARKING RESTRICTIONS RELATED TO RIGHT-OF-WAY CONSTRUCTION PROJECTS, AND OTHER MATTERS RELATING THERETO . WHEREAS, the City of Spokane Valley engages in a variety of construction projects in the public rights-of-way for the public benefit; and WHEREAS, in the process of constructing such projects, it is occasionally necessary to temporarily restrict parking in the rights-of-way in and around the projects in the interest of safety of the public and the construction crews involved in the projects; and WHEREAS, most citizens voluntarily cooperate with the City to temporarily move vehicles so they don't interfere with the projects and create a safety hazard. However, the City needs to ensure that it has the ability to require that parking be prohibited so that unnecessary project delays do not cost the City additional money; and WHEREAS, the Council has authority, after an engineering and traffic investigation by the Traffic Engineer to, among other traffic measures, prohibit, regulate, or limit stopping, standing, or parking of vehicles on any highway at all times or during such times as shall be directed by official traffic control devices. The Council desires to delegate to the City Manager or designee the authority, pursuant to appropriate limitations, to implement temporary parking restrictions relating to construction projects in the public rights-of-way. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, that the City Manager or designee is delegated the following authority relating to implementing temporary parking restrictions for construction projects in the public rights-of-way: 1. An engineering and traffic analysis shall be performed prior to making any temporary parking revisions, which shall determine the parameters and specific limitations of the temporary revisions; and 2. Temporary parking restrictions may be in place for up to 120 days; and 3. A temporary parking restriction may be extended in up to 30 day increments in the event the construction project is not completed; and 4. Prior written notice shall be provided to all adjoining property owners and/or tenants for projects abutting a roadway; and 5. Any temporary parking restrictions shall be marked by official traffic control devices; and 6. Any temporary parking restrictions shall be removed as soon as reasonably possible following completion of the project. This Resolution shall be in full force and effect upon adoption. Resolution 17-013 Granting Authority to Implement Temporary Parking Restrictions Page 1 of 2 DRAFT Adopted this ATTEST: day of July, 2017. CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk L.R. Higgins, Mayor Approved as to Form: Office of the City Attorney Resolution 17-013 Granting Authority to Implement Temporary Parking Restrictions Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 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: Motion Consideration: Pines Road/BSNF Grade Separation Project (Pines Road GSP) #0223 — Phase 1 Design Contract with HDR Engineering, Inc. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Administrative report, Bridging the Valley, May 7, 2013. Adopted the 2016-2021 Six Year Transportation Improvement Program (TIP), which included the Pines Road Grade Separation Project (GSP). Admin Report on April 5, 2016. Motion to acquire property, January 10, 2017. Administrative report on February 7, 2017 for amending the 2017 TIP, which included the Pines Road GSP. Administrative Report, February 13, 2017 for project status. Council passed Resolution 17-006, amending the 2017 TIP, February 28, 2017. Administrative report on March 28, 2017. BACKGROUND: 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 pending. Staff issued a Request for Qualifications (RFQ) for engineering design services for the Pines Road GSP in 2016, two qualifications submittals were received in December 2016. HDR Engineering and DEA (Consultants) were selected to design the project in May 2017. City funds used in the preliminary engineering design stage of the Pines Road GSP prior to award of the FASTLANE II grant will not qualify for a local match for grants awarded in the future. The budget estimate for the completion of the Pines Road GSP is roughly $19.8 Million (2016 dollars), which includes $12.9 Million for construction including sales tax. This estimate is based on the 2004 Bridging the Valley concept design (Alternative #1) During the consultant selection process, an alternate alignment was proposed (Alternative #2). Alternative #2 consists of shifting the intersection of Pines Road and SR -290 farther east, aligned to cross under BNSF at a skew. This alignment has the potential to reduce the impact to properties and right-of-way needs along Trent Avenue. However, it requires a different bridge design/grading than the 2004 concept design. Staff recommends moving forward in two phases with the design. In the first phase, the Consultant will analyze and compare the alternatives in terms of cost, right-of-way needs, impacts to existing properties, constructability, safety and other pertinent project elements so the City can select an alternative. The first phase will also include a public involvement process. In the second phase, the Consultant will complete the preliminary engineering design of the selected alternative. OPTIONS: Authorize the City Manager to execute a contract with HDR Engineering, Inc. or take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute a contract with HDR Engineering, Inc. in the amount of $124,350 for the Pines Road/BNSF Grade Separation project Phase 1 design services. BUDGET/FINANCIAL IMPACTS: Use of $124,350 from the Railroad Grade Separation Projects Fund #314. STAFF CONTACT: Gloria Mantz, Interim Capital Improvement Manager John Hohman, Deputy City Manager ATTACHMENTS: HDR Professional Services Consultant Agreement Concept Drawing of Alternative #1 Concept Drawing of Alternative #2 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): HDR Engineering, Inc. Address 1401 E Trent Ave, Suite 101, Spokane, WA 99202 Federal Aid Number NA UBI Number 6010021437 Federal TIN or SSN Number REDACTED Execution Date Completion Date 1099 Form Required ❑ Yes Q No Federal If Participation Yes ❑ No Project Title Pines Road BNSF Grade Separation Description of Work To improve safety by developing a grade separated facility at the intersection of Pines Road and the BNSF Railway railroad tracks. Other major work associated with this project includes modifications to the intersection of Pines Road and SR290 (Trent Avenue) and closing the Pines/BNSF and University/BNSF Railway at -grade intersections in the City of Spokane Valley, Washington. The design development will expand on the Concept Design and Plans prepared as part of the Bridging the Valley project completed in 2004. ential tax information and RCW 82.32.330. our findings pertaining to am pursuant to Spokane Valle 0 II ❑ II Yes Anderson EC Yes Yes Yes ❑ FA ✓ ✓ No DBE Participation No MBE Participation No WBE Participation No SBE Participation Total Amount Authorized: $124,349.85 Management Reserve Fund: $0.00 Maximum Amount Payable: $124,349.85 Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances ?xhibit G Certification Documents :xhibit H Liability Insurance Increase This document contains confid has been redacted pursuant to _ You may petition for a review of redacted or withheld documents rk A, Irvin nom' Exhibit I Exhibit J Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 3/11/2016 Page 1 of 14 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Spokane Valley hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 3/11/2016 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Chris Bainbridge Agency: City of Spokane Valley Address: 11707 E. Sprague Ave., Suite 106 City: Spokane Valley State: WA Zip: 99206 Email: cbainbridge@spokanevalley.org Phone: 509.720.5102 Facsimile: 509.720.5075 If to CONSULTANT: Name: Kurt Reichelt Agency: HDR Engineering, Inc. Address: 500 108th Ave NE, Suite 1200 City: Bellevue State: WA Zip: 98004 Email: kurt.reichelt@hdrinc.com Phone: 503.423.3700 Facsimile: 503.423.3737 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 3/11/2016 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non -salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub -consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 3/11/2016 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 3/11/2016 D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 3/11/2016 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d -4a) • American with Disabilities Act of 1990 • Federal -aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 3/11/2016 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 3/11/2016 XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY'S, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 3/11/2016 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Chris Bainbridge Agency: City of Spokane Valley Address: 11707 E. Sprague Ave., Suite 106 City: Spokane Valley State: WA Zip: 99206 Email: cbainbridge@spokanevalley.org Phone: 509.720.5102 Facsimile: 509.720.5075 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 3/11/2016 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 3/11/2016 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 3/11/2016 Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT 's, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 3/11/2016 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 3/11/2016 EXHIBIT A-1 Spokane .000Valley City of Spokane Valley, WA Pines Road/BNSF Grade Separation Project No.0223 Phase 1 — Design Services Scope of Services June 20, 2017 F�2 Fyz City Pines of SpokaneRoad/BNSF ValleGradye, WA Separatio1 Scopen of Services Contents June 20, 2017 Project Description, Design Criteria, and Deliverables 2 Project Description 2 Project Coordination 2 Design Criteria 3 Project Deliverable Schedule 4 Information, Responsibilities, and Services Provided by the CLIENT 4 General Project Assumptions 5 Change Management 6 Task 1 - Project Management and Quality Control 6 1.1 Project Management 6 1.2 ProjectWise and Project Setup 6 1.3 Subconsultant Agreements and Coordination 7 1.4 Prepare Project Notebooks 7 1.5 Project Quality Management Plan 7 1.6 Develop Project CPD Schedule and Updates 7 1.7 Monthly Progress Reports and Invoices 8 1.8 Project Kick -Off and Progress Meetings, Council Meeting Presentations 8 1.8.1 City Council Meetings 8 1.8.2 Project Design Team Meetings 9 1.9 Quality Control/Quality Assurance Review 9 Task 2 - Public Involvement Program 9 2.1 Public Open House 10 Task 3 - Alternatives Analysis: Roadway and Bridge Configuration 11 3.1 Develop Alternative Alignments 11 3.2 Evaluate Alternatives Traffic Impacts 12 3.3 Evaluate Alternatives Railroad Bridge Impacts 12 3.4 Develop Alternative Costs 13 3.5 Develop an Alternatives Evaluation Matrix 13 3.6 Develop Alternatives Evaluation Report 14 Task 4 - BNSF Coordination and Submittals 14 4.1 Prepare Temporary Occupancy Application & Safety Plan 14 4.2 Obtain As -Built Track Plans 15 Task 5 — Field Reconnaissance 15 5.1 Notifications 15 5.2 Process Spokane County LIDAR to use as Alternative Alignment Base Maps 15 Task 6 — Preliminary Project Construction Cost Estimate 16 6.1 Prepare Preliminary Project Construction Cost Estimate 16 1 EN City of Spokane Valley, WA I Scope of Services Pines Road/BNSF Grade Separation June 20, 2017 Project Description, Design Criteria, and Deliverables Project Description The objective of this project is to improve safety by developing a grade separated facility at the intersection of Pines Road and the BNSF Railway railroad tracks. Other major work associated with this project includes modifications to the intersection of Pines Road and SR290 (Trent Avenue) and closing the Pines/BNSF and University/BNSF Railway at -grade intersections in the City of Spokane Valley, Washington. The design development will expand on the Concept Design and Plans prepared as part of the Bridging the Valley project completed in 2004. The project goals include: • Provide a grade separated Pines Road/BNSF intersection • Remove the existing at -grade railroad crossings at Pines Road and University Road • Provide an appropriately controlled intersection for Pines Road/SR 290 • Provide improved access to the industrial/commercial and residential properties to the north of SR 290 and the BNSF Railway corridor and the industrial/commercial and school properties to the south of the BNSF Railway corridor. • Improve safety and traffic level of service • Limit right-of-way acquisition • Improve mobility on SR 290 • Identify and implement Practical Design Solutions • Achieve City Council support and public engagement. • Coordinate appropriately with the planned BNSF main line capacity project between Pines Road and Barker Road including a new single track bridge across the Spokane River. • Position the project to obtain future grant funding Project Coordination This scope of work uses the following references for project team members: • CLIENT or the City = City of Spokane Valley - Project Sponsor and owner of facilities within City of Spokane Valley rights-of-way. • BNSF = BNSF Railway (Major Project Stakeholder) 2 City of Spokane Valley, WA I Scope of Services Pines Road/BNSF Grade Separation June 20, 2017 • WSDOT = Washington State Department of Transportation - Project coordination with review and approval authority within State rights-of-way (Major Project Stakeholder). • CONSULTANT = Consultant Team • HDR = HDR Engineering, Inc. (Prime Consultant on the project) • DEA = David Evans and Associates, Inc. (Major Transportation subconsultant to HDR) • GE = GeoEngineers Inc. (Geotechnical Engineering subconsultant to HDR) • HRA = Historical Research Associates, Inc. (Cultural Resources subconsultant to HDR) • AEC = Anderson Environmental Consulting, LLC (Environmental subconsultant to HDR) Design Criteria As part of the design effort on this project, design criteria will be developed by the CONSULTANT and approved by the CLIENT, WSDOT, and BNSF Railway. When developing design criteria, the City's standards will govern within City's rights-of-way and WSDOT standards and Basis of Design will govern within State rights-of-way and BNSF's requirements will additionally be met for portions of the project within BNSF's rights-of-way. Additionally, the following publications, standards and guidelines will be used: (Manuals in effect upon execution of this Agreement shall take precedence over dates shown.) • WSDOT's Local Agency Guidelines (LAG) Manual, April 2017 • AASHTO's "A Policy on Geometric Design of Highways and Streets" 2011 • AASHTO Roadside Design Guide 2011 • AASHTO LRFD Bridge Design Specifications, 7th Edition 2014 with current Interims • AASHTO Guide Specifications for LRFD Seismic Bridge Design, 2nd Edition, 2011. • AREMA Manual for Railway Engineering, 2016. • Manual of Uniform Traffic Control Devices (MUTCD), 2009, with Revisions 1 and 2, May 2012 • WSDOT Design Manual, July 2017. • WSDOT Highway Runoff Manual, 2014 • WSDOT Hydraulic Manual, January 2015 • WSDOT Bridge Design Manual LRFD, June 2016. • WSDOT Geotechnical Design Manual, May, 2015. 3 City of Spokane Valley, WA I Scope of Services Pines Road/BNSF Grade Separation June 20, 2017 • WSDOT Temporary Erosion and Sediment Control Manual, April 2014 • Spokane Regional Stormwater Manual, April 2008 • Hydraulic Engineering Circular No. 22, Third Edition, September 2009 • WSDOT Standard Plans. • WSDOT Standard Specifications. • Union Pacific Railroad — BNSF Railway Guidelines for Railroad Grade Separation Projects, May, 2016 Project Deliverable Schedule Notice to Proceed (NTP) Project management and Quality Control CLIENT and WSDOT Coordination BNSF Coordination Meeting Conduct Site Reconnaissance Draft Alternatives Evaluation Report Final Alternatives Evaluation Report July 2017 July 2017 to October, 2017 July 2017 to October, 2017 Before July 7, 2017* July 2017 August 2017 September 2017 Public Open House Meeting September 2017 * Before NTP at CONSULTANT expense Information, Responsibilities, and Services Provided by the CLIENT The following information will be provided by the CLIENT and WSDOT. This is not intended to be an exhaustive list and additional data to be provided by the CLIENT and WSDOT are included throughout the scope of work: • Roadway and utility as -built drawings for adjacent or related projects that are currently available. • Geotechnical data, boring logs, and as -built drawings showing geotechnical information that are currently available. • Conceptual pavement structural section recommendations based on other area projects (for cost estimating purposes). • Conceptual storm water infiltration rate recommendations based on other area projects (for conceptual storm water management design) • Traffic data, conclusions, and recommendations developed by the CLIENT from previous work or through current contracts with other consultants. This would include the Mirabeau Area Study. This would also include five year crash data. 4 City Pines of SpokaneRoad/BNSF VallGraedye, WsSeparatioA 1 Scopen of Services June 20, 2017 • Existing right-of-way or plat maps for the project area • Existing topographic survey data (LIDAR or Aerial Survey data in cooperation with Spokane County) • Existing right-of-way plans for the project area • Existing aerial photographs • All traffic engineering services for this contract. This may include preparing a traffic operations analysis Methods and Assumptions document for approval through WSDOT. • Conduct coordination with utility companies and obtain as -built utility plan information. General Project Assumptions This Scope of Services is based upon certain assumptions and exclusions, identified below and under specific tasks. The following assumptions were used in the development of this scope of services: • Structural components within the railroad right-of-way will be designed in accordance with the UPRR / BNSF Grade Separation Guidelines and the AREMA Manual. Outside of the railroad right-of-way, structural components will be designed in accordance with the AASHTO LRFD Bridge Design Specifications. • LAG Manual will be consulted to determine whether WSDOT specifications will govern different aspects of the design or if the City's supplemental specifications and/or special provisions are appropriate. Where possible, the City's requirements will govern. • WSDOT standard bid items will be used for all items on the project, unless unavailable for items specified by special provisions. • WSDOT will review and approve project elements that could impact SR -290 and SR27. • MicroStation© Version 8i, SELECTSeries 4 will be utilized on the project. • WSDOT workspace will be utilized but plan sheets will bear the CLIENT's Title Block • InRoads© Version 8i, SELECTSeries 4 will be utilized as the project's design platform. • Bentley StormCAD, FlowMaster, CivilStorm, and/or other hydrologic and hydraulic software will be utilized for drainage design • AGI32 software will be used for illumination design • MS Excel will be utilized for spreadsheets. • MS Word will be utilized for word processing. • MS Project will be utilized for scheduling. 5 City of Spokane Valley, WA 1 Scope of Services FyZ Pines Road/BNSF Grade Separation June 20, 2017 • MS Power Point will be utilized for presentations. • AutoTurn for MicroStation© Version 8i will be utilized to evaluate vehicle turning movements. • ESRI ArcGIS products will be used for the processing and presentation of geospatial information. • Construction bid estimates and other opinions of cost and schedule are estimates. Therefore, CONSULTANT makes no warranty that actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections or estimates. Change Management This is a cost plus fixed fee contract with a not to exceed maximum. If the scope of work increases or decreases as it relates to this scope of work, then an adjustment to the associated fees and delivery schedule will be implemented once the CLIENT and the CONSULTANT mutually agree on the terms of the change and an agreement to formalize the terms is executed. Task 1 - Project Management and Quality Control 1.1 Project Management Project management will be on-going during the course of the project. HDR's project manager will maintain communication with the CLIENT, WSDOT, and BNSF will monitor the project's scope, schedule, and budget; and will coordinate and communicate with the project's subconsultants, and other similar project management tasks. ASSUMPTION • HDR will house the project files on its ProjectWise Server and provide access to the other consultants, CLIENT, WSDOT, and others, as appropriate. DELIVERABLES • Access to ProjectWise 1.2 ProjectWise and Project Setup CONSULTANT will set up project files. This will include setting up budget tracking spreadsheets, plan storage areas, preparing the project's financial files, and the project's electronic and hard copy technical filing system. This will also include setting up ProjectWise for the ease of data storage and transfer between all team members: CONSULTANT, CLIENT, WSDOT, BNSF, etc. and preparing file storage and access instructions/protocols. 6 City of Spokane Valley, WA 1 Scope of Services Pines Road/BNSF Grade Separation June 20, 2017 ASSUMPTION • HDR will house the project files on its ProjectWise Server and provide access to the other consultants, CLIENT, WSDOT, and others, as appropriate. 1.3 Subconsultant Agreements and Coordination HDR will prepare subconsultant agreements for DEA, GE, AEC, and HRA. This will include developing the draft of the subconsultant agreement, having management from each firm review the agreement, then issuing and executing the final agreements. 1.4 Prepare Project Notebooks HDR will prepare project notebooks for team members (CLIENT, WSDOT, subconsultants, HDR) that include project contact information, the project's work breakdown structure (WBS) codes for invoicing, the electronic filing structure on HDR's ProjectWise server, the negotiated scope of work and labor spreadsheet, the project's Critical Path Diagram (CPD) schedule, the project's Quality Management Plan, and other pertinent data. The notebook will be updated periodically as approvals are granted and pertinent data becomes available. DELIVERABLES • Project Notebooks 1.5 Project Quality Management Plan HDR will prepare a Project Specific Quality Management Plan. The Plan will identify the Quality Management Team, procedures that will be used for quality assurance and quality control, the schedule of quality management tasks, and quality control protocol that will be followed. The plan will be submitted to the CLIENT and WSDOT for review and approval. DELIVERABLES • Quality Management Plan 1.6 Develop Project CPD Schedule and Updates HDR will prepare a schedule in Microsoft Project. The project team will use the schedule, which will be updated monthly with actual milestone achievements, to check the budget, staffing levels, and where the deliverable schedule might be affected. These tools will be used to adjust staff assignments so that schedule and fee commitments are met. Project team meetings will enforce the schedule and hold team members accountable for progress on their components of the project. Schedule updates will be submitted monthly to the CLIENT as part of the invoice package. 7 Fyz City of Spokane Valley, WA 1 Scope of Services Pines Road/BNSF Grade Separation DELIVERABLES • Project Schedule • Monthly Project Schedule updates June 20, 2017 1.7 Monthly Progress Reports and Invoices HDR will provide monthly progress reports and invoices in accordance with the CLIENT's standard procedures. We will coordinate the first invoice so that the format is acceptable to the CLIENT. Each progress report and invoice package will include HDR's invoice showing all labor and direct expenses included for the period, the monthly progress report, and full documentation of labor hours and direct expenses charged for the period for HDR and each subconsultant. A total of four progress report and invoice packages (July 2017 to October 2017) will be submitted as part of this initial contract. ASSUMPTIONS • The invoice format for this project will be one that is acceptable to the CLIENT. • Progress Report and Invoice packages will be prepared monthly for four months. DELIVERABLES • Monthly Progress Report and Invoice Packages • Monthly Project Schedule update 1.8 Project Kick -Off and Progress Meetings, Council Meeting Presentations Regular meetings will be scheduled to monitor the progress of the project, to coordinate with team members, and to maintain accountability between all members of the team including HDR, subconsultants, the CLIENT, and WSDOT. 1.8.1 City Council Meetings The HDR project manager will attend one City Council meeting as part of this project at the conclusion of the Alternatives Analysis (Task 3) to report progress to the Council and to support CLIENT staff representatives. Preparation for the City Council Meeting will include developing graphics and a PowerPoint presentation. ASSUMPTIONS • For budgetary purposes, one graphic will be prepared. • For budgetary purposes, one PowerPoint presentation will prepared. DELIVERABLES • Graphics 8 E City of Spokane Valley, WA I Scope of Services Pines Road/BNSF Grade Separation June 20, 2017 • PowerPoint Presentation 1.8.2 Project Design Team Meetings The Project Design Team is made up of representatives from the CLIENT, WSDOT, BNSF (when available to participate) and the CONSULTANT. The meetings will be face to face in the CLIENT's offices. Key team members that need to participate but that cannot travel to the meetings will be included by conference call. It is anticipated that there will be two Project Design Team meetings lasting about two hours each not including travel. Three HDR staff members (Project Manager, Transportation Lead, and Railroad Bridge Lead) on average will be in attendance. Three staff members from DEA (Environmental Lead, Retaining Wall Lead, and Traffic Engineer) will also participate in the meetings. Items covered at the meetings will include: • Environmental Documentation discussion and review • Traffic Operational Analysis progress by others • Methods and Assumptions Document by others • Basis of Design review and confirmation • Review updated Risks/Opportunities Matrix • BNSF Coordination and Processing • Project Component Alternatives Development and review • Practical Design opportunities and discussion • Technical Reports and Memoranda discussion and review • Quality Control/Quality Assurance Review • Public Involvement plans and progress • Change Management DELIVERABLES • Meeting Agenda and Meeting Minutes 1.9 Quality Control/Quality Assurance Review Quality Control reviews will be conducted by the Quality Management Team prior to submittal of major deliverables. Task 2 - Public Involvement Program The public involvement process will be performed as described below and will also follow WSDOT requirements and guidelines and will be reviewed by CLIENT and WSDOT representatives prior to implementation. 9 City of Spokane Valley, WA 1 Scope of Services Pines Road/BNSF Grade Separation June 20, 2017 ASSUMPTIONS • A formal Public Participation Plan will not be prepared • The CLIENT will conduct meetings with stakeholders and citizen action committees like the Chamber of Commerce, bicycle and pedestrian groups, and other applicable stakeholders. • The CLIENT will be responsible for any press releases that are issued related to the project. • The CLIENT will be responsible for developing and updating a project website if one is created for the project. The CONSULTANT will provide necessary information to the CLIENT and the CLIENT will maintain the website. The CLIENT will provide the CONSULTANT with any feedback from stakeholders/community member use of the website. • The CLIENT will be responsible for developing and distributing Fact Sheets and "Frequently Asked Questions" sheets if they will be prepared for the project. The CONSULTANT will provide necessary information to the CLIENT so the CLIENT can publish and distribute this information. • This scope of work does not include launching social media tools as a component of communication between the CONSULTANT and stakeholders. 2.1 Public Open House CONSULTANT will arrange, prepare, and attend one Public Open House meeting. The Public Open House Meeting will be held after the Bridging the Valley (BTV) 30% design is evaluated and defined. This scope of work does not include any virtual open houses. CONSULTANT RESPONSIBILITIES AND DELIVERABLES • Coordinate logistics for the meetings • Provide sign in sheet • Provide project displays (a total of ten displays are anticipated) • Facilitate Public Open House • Provide a summary of the Public Open House CLIENT RESPONSIBILITIES • Prepare, print, and mail postcards to the public and identified stakeholders. • Provide facility for Public Open House • Advertise the Public Open House in the newspaper • Send open house notifications to local civic organizations • Provide refreshments, if desired 10 City of Spokane Valley, WA I Scope of Services Pines Road/BNSF Grade Separation June 20, 2017 • Attend Public Open House • Include Public Open House dates in City newsletter and on City website (if one is developed for the project) ASSUMPTIONS • Public Open House will last for five hours including set up and take down. • Four staff members from CONSULTANT will attend meeting Task 3 - Alternatives Analysis: Roadway and Bridge Configuration The CONSULTANT will evaluate the following two roadway and bridge alternatives and determine a preferred alternative as a result of the evaluation: Alternative 1: The Pines roadway and intersection with SR 290 shifted slightly east, SR 290 shifted south with grade lowered, and new railroad bridge as shown in the 30% BTV Plans. This alternative will be evaluated with and without the northerly connection to Cement Road. Alternative 2: The Pines roadway and intersection with SR 290 shifted farther east and aligned to cross under BNSF at a skew, and new railroad bridge shown in the 30% BTV Plans shifted farther east and modified to accommodate the skewed Pines roadway under the BNSF tracks, and SR 290 would remain at or near its existing location (horizontal and vertical). It is assumed the existing connection between Cement Road and SR 290 will remain in operation under this alternative. This alternative will be evaluated with and without a northerly connection to Portland Avenue. For both of the alternatives listed above, construction of a standard shoofly track will be compared with construction of the new railroad bridge in two phases to maintain railroad traffic. 3.1 Develop Alternative Alignments CONSULTANT will prepare alternative alignment layouts for Alternatives land 2. Roll plots (horizontal and vertical alignment including InRoads modeling) will be developed for the project for each of the alternatives including bridge geometrics so that appropriate costs can be developed. ASSUMPTIONS • CONSULTANT will use Spokane County LIDAR and Assessor parcel map to develop the topo and approximate right-of-way lines. • The alternatives will be evaluated with the typical sections from the BTV 30% design. • The BNSF bridge will accommodate two tracks which is less than the four tracks in the BTV 30% design 11 City of Spokane Valley, WA Scope of Services Fyz Pines Road/BNSF Grade Separation June 20, 2017 • For the purposes of this Phase 1 alignment alternatives development and analysis, the Pines Road/SR 290 intersection configurations are assumed to utilize signals and intersection Control Analysis will be performed as part of a subsequent phase to determine the intersection control type. • Non -signalized intersection control at Cement Road under Alternative 2 • Truck turning movements will be performed to verify an adequate design • Roundabout alternatives will not be analyzed. DELIVERABLES • Roll plots of Alternatives 1 and 2 3.2 Evaluate Alternatives Traffic Impacts CONSULTANT will incorporate the results of the traffic operational analysis as provided by the CLIENT into the evaluation of the alternatives. Since each of the alternatives will have intersections in different locations, queue lengths, turning movements, and other traffic related elements of the alternatives will be documented so that the true impact of the alternatives is understood. ASSUMPTIONS • CLIENT will provide all necessary projected traffic volume data. DELIVERABLES • None, evaluation will be incorporated into Task 3.6 deliverable. 3.3 Evaluate Alternatives Railroad Bridge Impacts CONSULTANT will evaluate the railroad bridge design and BNSF approval impacts for both alternatives with and without a temporary shoofly including span lengths, substructure, temporary shoring, and track configurations so that the true impact of the alternatives is understood. Conceptual railroad bridge design shall follow the BNSF / UPRR Grade Separation Guidelines and the AREMA Manual recommendations. ASSUMPTIONS • Two ballast -deck span types will be considered, consisting of square (unskewed) precast prestressed double cell box beams and skewed steel beam spans w/ steel pan deck. • Two bent configurations will be considered, consisting of square (unskewed) precast concrete caps on steel H -pile bents and skewed precast concrete caps on steel H - pile bents. • One abutment configuration will be considered, consisting of square (unskewed) spill -through style shallow precast concrete caps on steel H -pile. 12 City of Spokane Valley, WA 1 Scope of Services Pines Road/BNSF Grade Separation June 20, 2017 • One foundation type will be considered, consisting of driven steel H -piling. • Draft railroad bridge design criteria will be developed, to be included in an appendix of the alternatives evaluation report. • Aesthetic and architectural treatments are not included in this evaluation of alternatives. DELIVERABLES • Railroad Bridge Impact Analysis of Alternatives 1 and 2 • A single 11x17 conceptual drawing will be created for each railroad bridge alternative, showing a plan view and an elevation view. 3.4 Develop Alternative Costs CONSULTANT will develop conceptual costs for the components included in both alternatives, with and without a temporary shoofly. This would not be a detailed cost estimate for the entire project, but a comparative cost estimate that only evaluates and compares those components related to the two bridges and associated retaining walls, and related impacts to the highway and roadways. Cost estimates will be developed with present worth prices. ASSUMPTIONS • Alternative costs for bridges will be based on structure costs per track foot. • Alternative costs for retaining walls will be based on structure cost per square foot of wall surface area. DELIVERABLES • Conceptual construction cost estimates for both alternatives, with and without temporary shoofly in MS Excel 3.5 Develop an Alternatives Evaluation Matrix CONSULTANT will develop an Alternatives Evaluation Matrix that evaluates and compares alternatives. CONSULTANT will evaluate the alternatives and recommend a preferred alternative. The team's recommendations will be vetted with the CLIENT and WSDOT before developing the recommendation in a report. ASSUMPTIONS • CONSULTANT and the CLIENT will have a meeting to discuss the evaluation components to study (i.e. cost, utilities, drainage, roadway, earthwork, right-of-way, safety, constructability and other pertinent project elements, etc.). Three HDR staff (PM, Bridge Lead, Transportation Lead) and one DEA staff (Traffic Lead) will attend. 13 FyzCity of SpokaneRoad/BNSF ValleyGrade, WASeparatio1 Scopne of Services DELIVERABLES June 20, 2017 • Evaluation Matrix with weighted scoring evaluating the alternatives prepared in MS Excel. 3.6 Develop Alternatives Evaluation Report CONSULTANT will summarize the findings from the Alternatives Evaluation effort in a written report. Other potential project impacts will also be evaluated: traffic operations, traffic control, utilities, drainage, roadway, earthwork, right-of-way, safety, constructability and other pertinent project elements. A draft and final version of the report will be developed and submitted to the CLIENT and WSDOT for review and acceptance. ASSUMPTIONS • CONSULTANT will conduct quality control reviews of the Draft and Final Reports prior to submittal to CLIENT. • CONSULTANT will review and incorporate one set of CLIENT comments on the Draft and Final Report DELIVERABLES • One Draft Alternatives Evaluation Report as a PDF • One Final Alternatives Evaluation Report as a PDF Task 4 - BNSF Coordination and Submittals The CONSULTANT will prepare limited submittals for BNSF Railway review in accordance with the Underpass Structure requirements of the Union Pacific Railroad - BNSF Railway Guidelines for Railroad Grade Separation Projects as part of this initial agreement. If additional submittals are necessary, they will be included in a subsequent agreement 4.1 Prepare Temporary Occupancy Application & Safety Plan CONSULTANT will prepare a BNSF Temporary Occupancy Application & Safety Plan for permission to survey, perform environmental fieldwork, and geotechnical fieldwork within the BNSF right-of-way. The agreement will specify Railroad requirements that must be met to conduct fieldwork within the BNSF right-of-way. This will also include limited coordination with BNSF by the CONSULTANT. ASSUMPTIONS • CONSULTANT will prepare the BNSF Temporary Occupancy Application & Safety Plan and provide it to the CLIENT and submit to BNSF. 14 City of Spokane Valley, WA 1 Scope of Services Pines Road/BNSF Grade Separation June 20, 2017 • The CONSULANT will be responsible for the $800 non-refundable processing fee. DELIVERABLES • One Application for Temporary Occupancy as a PDF 4.2 Obtain As -Built Track Plans CONSULTANT will contact BNSF and request existing track plans for the project vicinity so they are available during project design. Task 5 — Field Reconnaissance Very limited survey will be included in this initial agreement while alternatives are being vetted. Once a preferred alternative is selected, survey efforts will be concentrated in the preferred corridor as authorized by future agreement(s). 5.1 Notifications CONSULTANT will create notification letters, which will be reviewed and approved by the CLIENT, and mailed out in advance of any field work to adjacent land owners within the project limits. DELIVERABLES • Notification letters mailed in advance of any field work 5.2 Process Spokane County LI DAR to use as Alternative Alignment Base Maps CONSULTANT will use the Spokane County LIDAR information and Assessor Parcel Maps to develop a topographical map and approximate right-of-way lines to use in the development of the identified alternatives. CONSULTANT will prepare one base maps for both alternatives analyzed. ASSUMPTIONS • Project surveying for the preferred alternative will be included in a subsequent agreement. DELIVERABLES • Base maps prepared in MicroStation that include topography and assessor parcel property lines. 15 logz City Pines of SpokaneRoad/BNSF ValleyGrade, WASeparation 1 Scope of Services June 20, 2017 Task 6 — Preliminary Project Construction Cost Estimate CONSULTANT will prepare a conceptual level construction cost estimate of the preferred alternative to assist the CLIENT with understanding the potential magnitude of the project and its future funding needs. 6.1 Prepare Preliminary Project Construction Cost Esti mate The CONSULTANT's Engineer's Estimate and backup calculations of the preferred alternative (including quantity takeoff sheets), showing assumptions made in determining quantities for each bid item, shall be included with each Engineer's Estimate submittal. Backup calculations shall specifically include items measured by the appropriate unit. The Engineer's Estimate will include an itemized list in tabular form, describing; section, item, and number of units (quantity), estimated unit costs, and total cost, with the understanding that any cost opinion or Engineer's Estimate provided by the CONSULTANT will be on the basis of experience and judgment. ASSUMPTIONS • The estimate shall be prepared using standard unit costs and lump sum prices. DELIVERABLES • Engineer's Estimate • Backup calculations and estimate assumptions 16 Exhibit B DBE Participation Anderson Environmental Consulting, LLC - DBE/MWBE Agreement Number: WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 10/30/2014 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Work. B. Roadway Design Files The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Work. C. Computer Aided Drafting Files The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Work. Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 10/30/2014 D. Specify the Agency's Right to Review Product with the Consultant AGENCY will provide review comments on all milestone deliverables, as identified in Exhibit A, Scope of Work. E. Specify the Electronic Deliverables to Be Provided to the Agency The deliverables to be provided for this project are identified in Exhibit A, Scope of Work. F. Specify What Agency Furnished Services and Information Is to Be Provided The Agency -furnished services and information to be provided for this project are identified in Exhibit A, Scope of Work. Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/30/2014 II. Any Other Electronic Files to Be Provided The deliverables to be provided for this project are identified in Exhibit A, Scope of Work. III. Methods to Electronically Exchange Data CD, USB flash drive, email, or ProjectWise server. WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 10/30/2014 A. Agency Software Suite The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Work. B. Electronic Messaging System Email. C. File Transfers Format The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of Work. WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The eight pages entitled "Exhibit D-1" contain confidential cost and rate data and are withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The three pages entitled "Exhibit E-1" contain confidential cost and rate data and are withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/30/2014 Exhibit G Certification Documents Exhibit G -1(a) Certification of Consultant Exhibit G -1(b) Certification of City of Spokane Valley Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: WSDOT Form 140089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G -1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of HDR Engineering, Inc. whose address is 1401 E Trent Ave, Suite 101, Spokane, WA 99202 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the City of Spokane Valley, Washington, and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. HDR Engineering, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G -1(b) Certification of City of Spokane Valley I hereby certify that I am the: Q City Manager Other of the City of Spokane Valley , and the City or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of 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 anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. 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 (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. 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 proposal. HDR Engineering, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. HDR Engineering, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Pines Road/BNSF Grade Separation Project * are accurate, complete, and current as of June 30, 2017 ** This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: HDR Engineering, Inc. Signature Title Date of Execution***: *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) *Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: WSDOT Form 140-089 EF Exhibit 1 Page 1 of 2 Revised 10/30/2014 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: WSDOT Form 140-089 EF Exhibit 1 Page 2 of 2 Revised 10/30/2014 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 10/30/2014 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014 Alternative #1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 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 — Proposed Amendments to the Spokane Valley Municipal Code (CTA -2017-0001) GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: None BACKGROUND: On March 21, 2017 staff presented an overview of the city's animal keeping and agriculture related regulations to Council. Following a discussion that included a comparison of the city's regulations to other jurisdictions, Council directed staff to begin the process of amending the regulations to allow animal keeping on smaller lots similar to the City of Spokane's regulations, provide for residential produce sales and address community gardens. The Planning Commission met on March 23, 2017 and April 13, 2017 to discuss the council direction and provide input on the development of the draft regulations. The Planning Commission conducted a study session on May 11, 2017 and a public hearing on May 25, 2017 to consider the amendments. Following the public hearing and deliberations, the Planning Commission voted 7-0 to recommend approval of the proposed code text amendments. The Planning Commission approved the Findings of Fact on June 8, 2017. The draft regulations remove the existing animal keeping and agriculture related items from Chapter 19.65 and place the new regulations in Chapter 19.78 Urban Farming and Animal Keeping. New regulations have been drafted for different aspects of Urban Farming including community gardens and residential produce sales. Proposed revisions have been made to the existing animal raising and keeping standards that generally parallel the City of Spokane regulations and include: • Allowing large domestic animals only on lots 40,000 square feet or greater • Allowing small domestic animals in residential zones — no minimum lot size • Increasing the small domestic animal ratio of animals to land area • Increasing the Chicken Ratio allowance • Requiring movable frame -hives for beekeeping Other related amendments include modifying the permitted use matrix in Section 19.60.050 and adding relevant definitions to Appendix A. Staff will provide an overview of the proposed changes included in the draft, and will answer Council questions. OPTIONS: Consensus to proceed to first ordinance reading with or without further amendments; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Consensus to proceed with first ordinance reading. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Micki Harnois, Planner ATTACHMENTS: A. Planning Commission's Findings and Recommendations B. Proposed new SVMC Chapter 19.78 C. Proposed amendment to SVMC Appendix A CTA -2015-0001 RCA for Administrative Report D. Proposed Amendment SVMC 19.65.020 E. Proposed Amendment SVMC 19.60.050 F. PowerPoint Presentation FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION FOR CTA -2017-0001e June 8, 2017 The following findings are consistent with the Planning Commission's decision to recommend approval. Background: 1. Spokane Valley development standards were adopted in September 2007 (Ordinance 07-015) and became effective on October 28, 2007. Pursuant to RCW 36.70A.130, the City adopted its 2016 Comprehensive Plan Update and associated development regulations on December 13, 2016, which became effective December 28, 2016. 2. CTA -2017-0001 is a City initiated text amendment to amend Spokane Valley Municipal Code (SVMC) to modify SVMC 19.65.020 Agriculture and Animal Keeping regulations, create chapter 19.78 SVMC Urban Farming and Animal Keeping regulations in regard to agricultural activities and animal keeping in residential zones and amend SVMC 19.60 — Permitted Uses and Appendix A — Definitions. 3. The Planning Commission held a public hearing and conducted deliberations on May 25, 2017. The Planning Commission voted 7-0 to recommend approval as modified to City Council. Planning Commission Findings: 1. Recommended Modifications The Planning Commission recommended the following modifications and/or additional requirements to chapter 19.78 SVMC and Appendix A: a. Modify SVMC 19.78.030(A) to allow large animal keeping in zones other than residential where a legally established primary residential use exists. Where permitted. Animal raising and/or keeping of large domestic animals is permitted outright only in residential zones if the lot size equals or exceeds 40,000 square feet or in any other zones with a legally established primary residential use and if the lot size equals or exceeds 40,000 square feet. b. Modify SVMC 19.78.030(D)(1) to eliminate `yard" and change "runway" to "run." Permanent or temporary structures housing large domestic animals including, but not limited to, a stable, paddock, run, pen, or enclosure, or manure pile shall not be located within 75 feet from any dwelling, whether onsite or not. c. Modify SVMC 19.78.030(D)(2) to eliminate `yard" and change "runway" to" run." Permanent or temporary structures housing large domestic animals including, but not limited to, a stable, paddock, run, pen, or enclosure, or manure pile shall not be located within the front yard setback or be closer than 10 feet from any side property line. d. Modify SVMC 19.78.030(E)(1) to remove "yard" and change "runway" to "run" and add the requirement that structures shall be adequately maintained. Stables, paddocks, runs, pens, coops, hutches, enclosures, structures, pastures, and grazing areas shall be kept in a clean and sanitary condition. All structures shall be adequately maintained. e. Modify SVMC 19.78.040(A) to allow small animal keeping on any lot with a legally established primary residential use. Where permitted. Animal raising and/or keeping of small domestic animals is permitted outright in all residential zones, and in any mixed-use zone that permits residential uses, or on any lot with a legally established primary residential use. f. Modify SVMC 19.78.040(C)(7)(b) to add requirement that all structures shall be adequately maintained. Small domestic animals shall be kept in a secure structure, enclosure, fenced lot, or Findings and Recommendations of the Spokane Valley Planning Commission CTA -2017-0001 Page 1 of 3 otherwise controlled with an appropriate harness or restraining device capable of safely controlling the animal. All structures shall be adequately maintained. g. Modify SVMC 19.78.050(A) to allow chicken keeping on any lot with a legally established primary residential use. Where permitted. Chicken keeping is permitted in all residential zones and on any lot with a legally established primary residential use h. Modify SVMC 19.78.060(A) to allow hobby beekeeping on any lot with a legally established primary residential use. Where permitted. Hobby beekeeping is permitted in all residential zones and on any lot with a legally established primary residential use i. Modify SVMC 19.78.060(B)(6) to add beekeeper certification requirement. The beekeeper shall be certified by the Washington State Beekeeper's Association. j. Modify Appendix A — Definitions to add "and/or" to Community Garden definition: Community Garden — An area that contains raised planting beds and/or gardens for agricultural products, other than eggs, that are used by citizens for personal or non-profit use. k. Modify Chapter 19.60 — Permitted Uses to add Residential Produce Sales: Residential Produce Sales is allowed in all residential and MU and CMU zones subject to conditions. 2. Compliance with SVMC 17.80.150(F) Approval Criteria a. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings(s): i. Land Use Policy -6: Support neighborhood efforts to sustainably cultivate produce. ii. Economic Development Policy -11: Enable the creation and retention of home-based businesses that are consistent with the neighborhood character. b. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. Finding(s): The proposed amendment establishes regulations that will reasonably protect adjacent property owners from adverse impacts of urban farming and animal raising and keeping activities. 3. Conclusion(s): a. The proposed text amendment is consistent with the City's adopted Comprehensive Plan and the approval criteria contained in SVMC 17.80.150(F). b. The Growth Management Act requires that the comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the City. Findings and Recommendations of the Spokane Valley Planning Commission CTA -2017-0001 Page 2 of 3 Recommendations: The Spokane Valley Planning Commission therefore recommends the City Council approve CTA -2017- 0001 and adopt the proposed city -initiated code text amendments to modify Section 19.65.020 Agriculture and Animal Keeping regulations, create chapter 19.78 SVMC Urban Farming and Animal Keeping regulations, and add residential produce sales to Chapter 19.60 Permitted Use Matrix and definitions to Appendix A. Approved this 8th day of June, 2017 Heather Graham, Chairman ATTEST 1 * L) Deanna Horton, Administrative Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA -2017-0001 Page 3 of 3 DRAFT Chapter 19.78 URBAN FARMING AND ANIMAL KEEPING Sections: 19.78.010 Purpose. 19.78.020 Urban farming. 19.78.030 Large Domestic Animal Raising and/or Keeping. 19.78.040 Keeping of Small Domestic Animals. 19.78.060 Hobby Beekeeping. 19.78.010 Purpose. The purpose of the urban farming and animal keeping regulations is to facilitate the establishment and operation of these activities in residential zones. This chapter intends to support neighborhood efforts to sustainably cultivate produce and raise and keep animals while minimizing the impacts to adjoining residents. 19.78.020 Urban Farming. A. Community gardens. 1. Standards. a. Operating rules are required that identify hours of operation, maintenance, and a garden coordinator with contact information. b. The site shall be designed, maintained, and operated so that water and fertilizer cannot drain onto adjacent property. c. Accessory structures may solely include noncommercial greenhouses, tool houses, garden sheds, and similar structures necessary for operation of the community garden and shall be consistent with SVMC 19.65.130(A) and SVMC 24.40. d. Accessory structures shall not be located within five feet of any rear or side property line, or be located within the front yard or any public or private easement. e. Agricultural products grown in a community garden may be sold off-site if all of the proceeds are used by nonprofit organizations. All other agricultural products grown in a community garden shall be for personal use and consumption. f. Marijuana and marijuana -related products may not be grown or sold as part of a community garden. B. Residential produce sales. 1. Standards. a. Only open air temporary structure(s) may be placed on site for the sale of home grown agricultural products and shall be limited to a combined total of 500 square feet of total floor area per site. b. Sales of agricultural products grown onsite shall begin no earlier than 7:00 a.m. and end by 7:00 p.m. every day of the week. Chapter 19.78 Urban Farming And Animal Keeping Regulations Page 1 DRAFT c. No structure shall be closer than 10 feet to the front yard lot line and no closer than five feet to the rear and side lot line. d. Produce may not be displayed or stored overnight except in a clean, completely enclosed rodent -proof structure. e. Garbage and refuse shall be kept in tightly covered, watertight containers until removed and shall be disposed of daily in a place and manner that does not create a public health hazard. f. Only one A -frame sign may be placed on the property. The A -frame sign shall meet the size, maintenance, display time, and location standards set forth in SVMC 22.110.050(E)(1-4). R. Pursuant to RCW 36.71.090, a Washington State business license or city business license is not required. h. Marijuana and marijuana -related products may not be sold as part of residential produce sales. 19.78.030 Large Domestic Animal Raising and/or Keeping. A. Where permitted. Animal raising and/or keeping of large domestic animals is permitted outright only in residential zones if the lot size equals or exceeds 40,000 square feet or in any other zones with a legally established primary residential use and if the lot size equals or exceeds 40,000 square feet. B. Large domestic animals include: 1. Horses, donkeys, burros, llamas, alpacas, bovines, goats, sheep, swine, and other animals or livestock of similar size and type. 2. Young of horses, mules, donkeys, burros, and llamas under one year in age. 3. Bovines under 10 months in age. 4. Sheep, goats, and swine under three months in age are not included when counting large domestic animals. C. Standards. 1. Minimum lot size is 40,000 square feet. 2. Not more than three large domestic animals shall be permitted per gross acre. D. Animal Enclosure Setbacks. 1. Permanent or temporary structures housing large domestic animals including, but not limited to, a stable, paddock, run, pen, or enclosure, or manure pile shall not be located within 75 feet from any dwelling, whether onsite or not. 2. Permanent or temporary structures housing large domestic animals including, but not limited to, a stable, paddock, run, pen, or enclosure, or any manure pile, shall not be located within the front yard setback or be closer than 10 feet from any side property line. E. Animal Enclosure. 1 Stables, paddocks, runs, pens, coops, hutches, enclosures, structures, pastures and grazing areas shall be kept in a clean and sanitary condition. All structures shall be adequately maintained 2. Animals shall be kept in a secure structure, enclosure or fenced area, or otherwise be controlled with an appropriate harness or retraining device capable of safely controlling the animal. 3. Barbed wire fences may only be used to confine large domestic animals if the requirement of SVMC 19.78.030(A) is met; 4. Barbed wire shall not project outside of the property line or into the public right-of-way. Chapter 19.78 Urban Farming And Animal Keeping Regulations Page 2 DRAFT 5. Electric fences may be used to confine large domestic animals if the requirements in 22.70.020(1)(1-5) are met. 19.78.040 Keeping of Small Domestic Animals. A. Where Permitted. Animal raising and/or keeping of small domestic animals is permitted outright in residential zones and in any mixed — use zone that permits residential uses, or on any lot with a legally established primary residential use. B. Small Domestic Animals (except chickens) include: 1. Fowl including, but not limited to, guinea hens, geese, ducks, turkeys, pigeons, and other fowl not listed or otherwise defined. 2. Mink, chinchilla, gnawing animals in general, and other animals of similar size and type. 3. Small livestock, which are defined as: a. Swine breeds that include miniature Vietnamese, Chinese or oriental pot-bellied pigs (sus scrofa vittatus); b. Other small pig breeds such as Kunekune, Choctaw, and Guinea hogs; c. All breeds of goats, excluding mature large meat breeds such as boers; and d. All breeds of sheep, excluding mature large meat breeds such as Suffolk or Hampshire sheep. 4. Horned rams shall not be permitted as a small livestock. 5. Under no circumstance shall a small livestock exceed 36 inches in shoulder height or 150 pounds in weight. 6. Young small animals, livestock, or fowl under three months in age are not included when counting small animal, livestock, or fowl. C. Standards Applicable to Keeping of Small Domestic Animals. 1. Small Domestic Animal Raising and/or Keeping Ratio to Land. Owners may raise or keep small domestic animals as follows: a. One small animal or fowl, other than small livestock per 1,000 square feet of lot area. b. One small livestock per 2,500 square feet of lot area. 2. The calculation of the number of small domestic animals shall be cumulative and the aggregate of total number of small domestic animals shall not exceed the number permitted in this SVMC 19.78.050. For example, a 10,000 square foot lot may have 10 chickens (10,000 square feet divided by 1,000 square foot per small animal equals 10 animals) or four miniature goats (10,000 square feet divided by 2,500 square foot per small livestock equals four small livestock X 2,500) but not both. 3. Roosters are prohibited. 4. Peacocks are only allowed on lots that are 40,000 square feet or larger. 5. Male small livestock shall be de -scented and/or neutered. 6. Animal Enclosure Setbacks. Small animal or fowl enclosures, including but not limited to pens, coops, hutches, or similar containment structures or enclosures shall be kept a minimum of 20 feet from the front property line and five feet from side and rear property lines. 7. Animal Enclosure: a. An animal enclosure shall only be allowed to be constructed on a lot that contains a primary residential structure or on an adjacent lot when the two lots are occupied by the same owner. Animal enclosures shall follow the development standards for animal enclosure setbacks as stated in SVMC 19.78.040(C)(6) (see above). Chapter 19.78 Urban Farming And Animal Keeping Regulations Page 3 DRAFT b. Small domestic animals shall be kept in a secure a structure, enclosure, fenced lot, or otherwise controlled with an appropriate harness or retraining device capable of safely controlling the animal. All structures shall be adequately maintained. 19.78.050 Keeping of Chickens. A. Where Permitted. Chicken keeping is permitted in all residential zones and on any lot with a legally established primary residential use. B. Standards: 1. A maximum of one chicken may be raised or kept per 1,000 gross square feet of lot area, with a maximum of 25 birds allowed; and 2. The keeping of roosters is prohibited. C. Animal Enclosure Setbacks: 1. Enclosures used for chickens, including but not limited to pens, coops, hutches, or similar containment structures shall be kept a minimum of 20 feet from the front property line and five feet from side and rear property lines; 2. Enclosures used for chickens, including but not limited to pens, coops, hutches, or similar containment structures shall be kept a minimum of 25 feet from dwellings on neighboring properties; and 3. All chickens shall be contained within the subject property. 19.78.060 Hobby Beekeeping. A. Where Permitted. Hobby beekeeping is permitted in all residential zones and on any lot with a legally established primary residential use. B. Standards: 1. The number of beehives shall be limited to one beehive per 4,356 gross square feet of lot area; 2. Beehives shall be set back a minimum of five feet from a side or rear property line and 20 feet from the front property line; 3. A flyaway barrier shall be provided that is at least six feet high and consists of a solid wall, solid fencing material, dense vegetation, or combination thereof, that is parallel to the side or rear property line(s) and extends beyond the beehive(s) in each direction that bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the beehives; 4. Beekeepers shall maintain an adequate supply of water for bees located close to the hives; 5. Colonies shall be maintained in movable -frame hives with adequate space and management techniques to prevent overcrowding and swarming. 6. The beekeeper shall be certified by the Washington State Beekeeper' Association. Chapter 19.78 Urban Farming And Animal Keeping Regulations Page 4 Spokane Valley Municipal Code Page 1/1 APPENDIX A DEFINITIONS APPENDIX A DEFINITIONS Agricultural products: Fruits, vegetables, horticultural and floricultural products but shall exclude animals and animal products with the exception of eggs from fowl. Community garden: An area that contains raised planting beds and/or gardens for agricultural products, other than eggs, that are used by citizens for personal or non-profit use. Residential Produce Sales: A residential use engaged in the retail sales of fresh agricultural products grown on the site. The Spokane Valley Municipal Code is current through Ordinance No. 17-006, passed May 9, 2017. DRAFT SVMC Chapter 19.65.020 Agriculture and zAnimal Shelters and Kennels. A. Animal Raising and/or Keeping. Where permitted, the keeping of poultry and livestock, excluding swine and chickens, is subject to the following conditions: 1. Minimum Lot Requirements. a. In residential zones, the lot shall equal or exceed one gross acre in ar a, except as set forth in SVMC 19.65.020(A)(7) and (9). b. In mixed use zones with legally established residential uses, the lot shall equal or exceed one gross, acre in arca. 2. The keeping of swine is prohibited. 3. Any permanent or temporary structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, coop, hutch, or enclosure, or any manure pile, shall not be located within 75 feet from any dwelling. 1. Permanent or temporary structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, coop, hutch, or enclosure, or any manure pile, shall not be located within the front yard setback or be closer than 10 feet from any side property line. 5. The keeping of animals and livestock is limited as follows: a. Not more than three horses, mules, donkeys, bovines, llamas, or alpacas shall be permitted per gross, acre; or b. Not more than six sheep or goats shall be permitted per gross acre; or c. Any equivalent combination of SVMC 19.65.020(A)(5)(a) or (b). 6. Small Animals/Fowl. A maximum of one small animal or fowl (excluding chickens), including duck, turkey, goose, or similar domesticated fowl, or rabbit, mink, chinchilla, or similar animal, may be raised or kept per 3,000 square feet of gross lot arca. In addition, a pen, shed, coop, hutch, or similar containment structure shall be constructed prior to the acquisition of any small animal/fowl and shall be kept a minimum of 20 feet from the front property line and five feet from side and rear property lines. 7. In residential ares, the keeping of chickens is subject to the following conditions: a. A maximum of one chicken may be raised or kept per 2,000 gross square feet of lot arca, with a maximum of 25 birds allowed; b. The keeping of roosters is prohibited; c. Pens, coops, hutches, or similar containment structures shall be kept a minimum of 20 feet from the front property line and five feet from side and rear property lines; Chapter 19.65.020 Animal Shelters and Kennels Page 1 DRAFT d. Pens, coops, hutches, or similar containment structures shall be kept a minimum of 25 feet from dwellings on neighboring properties; and e. All chickens shall be contained within the subject property. S. Stables, paddocks, yards, runways, pens, coops, hutches, enclosures, structures, pastures, and grazing ares shall be kept in a clean and sanitary condition. 9. In residential ares, hobby beekeeping is subject to the following conditions: a. The number of beehives shall be limited to one beehive per 1,356 gross square feet of lot are; b. Beehives shall be set back a minimum of five feet from a side or roar property line and 20 feet from the front property line; c. A flyaway barrier shall be provided that is at lest six feet high and consists of a solid wall, solid fencing material, dense vegetation, or combination thereof, that is parallel to the side or roar property line(s) and extends beyond the bechive(s) in each direction that bees are forced to fly at an elevation of at lest six feet above ground level over the property lines in the vicinity of the beehives; d. Beekeepers shall maintain an adequate supply of water for bees located close to the hives; and e. The beekeeper shall be certified by the Washington State Beekeeper's Association. B. Animal Shelter. In the CMU zone, animal shelters shall comply with the following conditions: 1. Not have outside runs; 2. Provide human supervision in any outdoor areas; 3. Be located along an arterial; and 4. Demonstrate compliance with noise standards for a commercial noise source as identified by WAC 173-60-040. C. Community Garden. Produce may be sold pursuant to RCW 36.71.090 as adopted or amended. D. Kennels, Doggie Day Care Facilities, and Kennels Associated with Veterinarian Clinics. Where permitted in commercial and mixed-use zones, these uses shall comply with the following conditions: 1. Not have outside runs or areas; 2. Provide adequate soundproofing for structures housing animals pursuant to Chapter 173-60 WAC; 3. Provide one parking space for every 10 animal confinement areas; and 4. Demonstrate compliance with noise standards for a commercial noise source as identified by WAC 173-60-040. (Ord. 16-018 § 6 (Att. B), 2016). Chapter 19.65.020 Animal Shelters and Kennels Page 2 DRAFT Chapter 19.60 PERMITTED USES Sections: 19.60.010 General. 19.60.020 Use categories. 19.60.030 Uses not listed. 19.60.040 Explanation of table abbreviations. 19.60.050 Permitted uses matrix. 19.60.050 Permitted uses matrix. Chapter 19.60 Permitted Use Page 1 Residential Mixed Use Commercial Industrial Parks and Open Space R-1 R-2 R-3 MFR MU CMU NC RC IMU I POS Agriculture and Animal Animal processing/handling P Animal raising and/or keeping SSS S S S Animal shelter S P P Beekeeping, commercial P Beekeeping, hobby S S S Community garden SSS S S S S Greenhouse/nursery, commercial P P P Kennel S S S S P P Orchard, tree farming, commercial P P Residential Produce Sales SSS S S S Riding stable P P C Chapter 19.60 Permitted Use Page 1 Spokane i� City Council Meeting July 11, 2017 CTA -2017-0001 Urban Farming and Animal Keeping Regulations Administrative Report Code Text Amendment Processing • 0 V Presentation March 21, 2017 .o Study Session 3 Administrative Report ,y Apr. 13 & May 1 1•5 July 1 1, 2017 E 0 O Public Hearing •%, 1st Ordinance Reading a) May 25, 2017 c TBD c o •- V c a Findings 2nd Ordinance Reading a June 8, 2017 Today TBD Effective Date 0 1- Code Text Amendment Summary Ali 1111i ilk Create "Urban Farming and Animal Keeping" Chapter 19.78 in SVMC 11 Urban Farming Q Community Gardens rr Residential Produce Sales Animal Keeping Large Animal Small Animals L.L Chickens Q Hobby Bee Keeping Associated Text Amendments 1-1 Revisions to Agriculture and Animal regulations (SVMC 19.65.020) Revisions to SVMC 19.60.050 Permitted Use Matrix Definitions added (Appendix A) Community Garden 19.78.020.A Standards (New iLctos) Operating rules required Water and fertilizer contained on site Accessory structures allowed i.e. residential greenhouses, tool houses, garden sheds, consistent with SVMC 19.65.130(A) (lot coverage) and SVMC 24.40 (Building Code) Accessory structures must meet required setbacks May not be within the front yard or any public or private easement. Ag products grown may be sold off-site if proceeds are used by non-profit organizations. Marijuana products not allowed to be grown or sold Residential Produce Sales 19.78.020.6 Standards (New Res iAlsiti,m,$) Open air temporary structure(s) limited to 500 sq. ft. total floor area Hours - 7:OOam to 7:OOpm; 7 days a week. Structure Setbacks: 10' front yard and 5' rear or side lot line. Produce displayed or stored overnight in a clean, completely enclosed rodent -proof structure. Garbage: Covered watertight containers and disposed daily. One A -frame sign allowed - Must meet sign regulations. Per RCW 36.71.090 a WA State or city business license is not required. Marijuana and marijuana -related products may not be sold. 6 Animal Keeping - Number of Animals Allowed Compared to Current Regs. lik Proposed Regulations Current Regulations Number of Animals Number of Animals Large Animals or 3 / 1 acre Livestock * Small livestock 1 / 2,500 sq. ft. of lot Small animals or 1/1,000 sq. ft. of lot fowl Chickens 1 / 1,000 sq. ft. of lot area Large animals* 3 / 1 acre Medium animals* 6 / 1 acre Small Animal or 1 / 3000 sq. ft. of lot Fowl * area Chickens 1 / 2,000 sq. ft. of lot area NOTE: Small livestock, small animals, fowl, and chickens allowed in any residential zone - no minimum lot size * 40,000 acre min. lot size required Large Domestic Animals 19.78.030.6 (New Rpulati,ows) 1 Large Domestic Animals Include — New Definitions 1. Horses, donkeys, burros, llamas, alpacas, bovines, goats, sheep, swine and other animals or livestock of similar 4. Sheep, goats and swine 3. Bovines under 10 months in age size and type. 2. Young of horses, mules, donkeys, burros, and llamas under one year in age. under three months in age are not included when counting large domestic animals. Small Domestic Animals 19.78.040.13 Standards (New Resu.�atieows) AM Small Domestic Animals Include New Definitions 1. Fowl including guinea hens, geese, ducks, turkeys, pigeons, etc; 2. Mink, chinchilla, gnawing animals, etc.; and 3. Small livestock are defined as: - swine- including pot-bellied pigs, other small pig breeds - all breeds of goats and sheep except mature large meat breeds - Shall not exceed 36" shoulder height or 150 lbs Other Animal Keeping Regulation Changes 9 Proposed Regulations Current Regulations f Where Permitted: (applies to chickens and bee keeping) Where Permitted: Allowed in Residential Zones or any other zone with a legally Allowed in Residential zones on established primary residential use on lots > 40,000 s.f. lots >40,000 s.f. Animal Enclosures: Kept in a secure structure, enclosure or fenced area • *Enclosure allowed on a lot with primary residence or on adjacent lot when the two lots are under common ownership • Requirement to adequately maintain structures Animal Enclosures Secure Structure not required Enclosures only allowed as accessory structure Not addressed Fencing Regulations: added to Animal Keeping section No changes proposed Terminology changes: Minor changes to terms for clarification * Applies to small livestock only Chicken and Beekeeping Standard Changes 10 ( ilk ill ill Chicken Regulations -19.78.050.B r 1 chicken/1,000 sq. ft. of lot area, with a maximum of 25 birds .0.000 All other regulations remain the same Hobby Beekeeping - 19.78.060.B 0 Colonies shall be maintained in movable - frame hives with adequate space and management techniques to prevent overcrowding and swarming 19.65.020 Agriculture and animal Remove 19.65.020 Agriculture and Animal Section A. Large and Medium Animal Raising and/or Keeping Section C. Community Garden. Produce may be sold pursuant to RCW .5o.11.090... Rename 19.65.020 Animal Shelters and Kennels Regulations will be removed from Chapter 19.65.020 and Established in Chapter 19.78 Urban Farming and Animal Keeping Permitted Uses - Chapter 19.60.050 (New lase madded) R csiidential Mix cd rsc Comm ercihl Industrial Fmrlss rand Open Spa cc R-1 R_2 R_% 1161:E17._ 111 IL NC RC- TIC= I PCIS _Agriculture :Ind Siuisal Animal pro cc sung handling P .' rrirri:-Il r:li .iri`, : rid iir1,rr-lriri- A irnal E.helt.r Ft q- :- :1 s i P :- P .12ccltccpLng. con-mac/nal Beeke epin , hobbv S. S S 1' Coruna111ut' gardcn u & 4 S & u' Crtc1]11:u c nurse 17 , c 0111.111t r:ia1 Ke Tinel 3 S 5 P S P P P P Orchard.. tree farming, ::11n1 ercia1 P P Es'e sideruill Pr a clue a S11e5 3 3 a S :- 3- Riding it able P P C Definitions - Appendix f (New) Agricultural products: Fruits, vegetables, horticultural and floricultural products but shall exclude animals and animal products with the exception of eggs from fowl. Community garden: An area that contains raised planting beds and/or gardens for agricultural products, other than eggs that are used by citizens for profit or non-profit use. Residential Produce sales: A residential use engaged in the retail sales of fresh agricultural products grown on the site. PlanningCommission rokicerns -gm mr- 1) Beekeeper Certification Helps to train new beekeepers Helps to assist in code enforcement cases 2) Allowing animal uses in any zone with a legally established primary residential use. Allows the ability to have animals for those people who, through time have had their property rezoned but live in the same home Concerns cont. 3) Upkeep of structures and enclosures Protects the animals Contains animals so they don't roam Planning Commission 7 Recommends approval CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 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 library ad hoc committee. GOVERNING LEGISLATION: NA. PREVIOUS COUNCIL ACTION TAKEN: Adoption of interlocal agreement in September, 2012 regarding sale and development of Sprague site. On January 3, 2017, the City and SCLD created a library ad hoc committee comprised of SCLD Board of Trustee members, SCLD senior staff, two City Councilmembers, and City senior staff. BACKGROUND: The library ad hoc committee has met five times. The purpose for the library ad hoc committee was to identify and implement ways the two entities could continue to partner to assist SCLD in getting the Sprague/Herald library facility constructed. The library ad hoc committee discussed the desirability of amending the 2012 interlocal agreement in several ways: First, amend Section 10 to change the timeframe for successfully getting voter approval on a construction bond from October 31, 2017 to October 31, 2022, with a mutual option for two additional years; and Second, amend Section 6 to remove the firm requirement for a minimum building size of 30,000 square feet, and change it to approximately 25,000 square feet, which will depend in large part on extensive public input; and Third, in an effort to keep a future bond request to voters as low as possible (well below the prior bond request of $22 million), both partners would be obligated to commit a $1.3 million investment in the library site. SCLD would use its prior land acquisition costs for this site and a second site near Conklin Road and Sprague Avenue (for a second, smaller library facility) as its investment by not seeking repayment through the bonds for those prior expenditures. The City would pay $1.3 million toward shared spaces (such as the central plaza and parking) and frontage expenses (curb, gutter, sidewalk). With regard to the City's amount, the City has retained the full amount of the sale proceeds from SCLD in 2012 ($839,285.10), which would be used for most of its obligation. The remaining $461,000 would come from the City's General Fund. The existing agreement is for the parties to evenly split the frontage and joint use areas. If the Council and SCLD Board approve these proposed amendments, the intent would be for SCLD, sometime in the next few years, to go out to the voters again to request consideration of construction bonds for two facilities, Sprague/Herald and Sprague/Conklin. OPTIONS: (1) Consensus to place on future agenda for motion consideration; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on future agenda for motion consideration. BUDGET/FINANCIAL IMPACTS: If approved, this would commit the City to investing $1.3 million in joint site areas and frontage improvements, of which the City already has $839,285.10 set aside. STAFF CONTACT: Mark Calhoun, City Manager; John Hohman, Deputy City Manager; Cary Driskell, City Attorney. ATTACHMENTS: (1) 2010 Interlocal Agreement for Acquisition of Real Estate Between City of Spokane Valley and Spokane County Library District; (2) Proposed 2017 Amendments to the Interlocal Agreement for Acquisition of Real Estate Between City of Spokane Valley and Spokane County Library District (a clean version as it would appear if approved, as well as a "mark-up" version so all proposed amendments are readily apparent); and (3) PowerPoint materials summarizing the proposed 2017 amendments. INTERLOCAL AGREEMENT FOR ACQUISITION OF REAL ESTATE BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY LIBRARY DISTRICT This Agreement is made by and between the CITY OF SPOKANE VALLEY ("City") and the SPOKANE COUNTY LIBRARY DISTRICT, a Washington municipal corporation ("Library District") collectively referred to herein as the "Parties", based upon the following Recitals. The Agreement shall become effective as of the date the last Party hereto executes this Agreement. RECITALS A. WHEREAS, the Parties each have need of acquiring real property in furtherance of their respective public purposes; and B. WHEREAS, four contiguous parcels of real property comprising approximately 8.4 acres located on the corner of Sprague and Herald within the City and legally described on the attached Exhibit "A", (the "Property") have been identified by the Parties as appropriate to their needs. The Spokane County parcel numbers are 45174.9053, 45174.9054, 45174.9055, and 45174.9056; and C. WHEREAS, City anticipates entering into negotiations with the owner of the Property, Pring Corporation ("Pring"), whereby the City would purchase the Property from Pring; and D. WHEREAS, the Library District for its purposes needs between two and one-half and three and one-half acres of the Property while the City needs the balance; and I: \S PODOC S \26321 \00006\AGREE\ 1007874 1 C)0 --1(4o E. WHEREAS, the Parties hereto wish to enter into this Agreement for the purpose of agreeing to jointly develop the Property and to provide for dividing the Property between the City and the Library District at a later date such that the interests of both Parties will be served; and F. WHEREAS, the Parties acknowledge that there will be costs to construct frontage improvements directly related to the anticipated development activity of the respective Parties, and that the Parties need to apportion those costs between themselves; and G. WHEREAS, pursuant to RCW 36.34.340, the City is authorized to acquire by purchase title to real property for park and recreational purposes; and H. WHEREAS, RCW 39.33.010 authorizes governmental entities to transfer real property between themselves as set forth in RCW 39.33.020, and I. WHEREAS, RCW 39.34.030(1) provides that any power or authority capable of being exercised by a public agency of this state may be exercised jointly with any other public agency of this state. NOW THEREFORE, based upon the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Joint Board. No joint board or agency shall be created as a result of this interlocal agreement between the Parties. Any action taken pursuant to the terms of this agreement must be separately approved by the governing boards of each Party. 2. Purchase of Property. The City will negotiate in good faith with Pring regarding a Real Estate Purchase and Sale Agreement (the "Purchase and Sale Agreement") for the purchase of the Property. 3. Purchase Price. The Library District, contemporaneous with the Closing between the City and Pring, and subject to mutual agreement on the price paid by the City to Pring, shall pay to the City an amount equal to the per square foot Purchase Price of the Property based upon the total number of square feet of the Property determined by the survey times two and one-half acres (108,900 sq. ft.) together with the same proportionate share of any survey, title, recording, closing, and phase I environmental audit costs. Any appraisal fees shall be paid entirely by the City. The City is not represented by any Realtor, and shall not pay any fees related to services provided by any Realtor related to purchasing the Property unless otherwise agreed to in writing. I: \S PODOCS\26321\00006\AGREE\1007874 2 4. Title. The Parties agree that the Purchase and Sale Agreement shall reflect that the Purchase Price at Closing shall be paid in cash and that title to the Property shall be taken in the name of the City, subject to the contract right of ownership by the Library District of at least 2.5 acres, as identified in this Agreement. This contract right of ownership is enforceable in an action for specific performance. 5. Closing. Closing of the transaction to purchase the Property shall occur on or before a date mutually acceptable to the City and Pring. 6. Joint Site Development Plan. Within one year following the Closing, the Parties shall work together to A. mutually select a consultant team; and B. draft and finalize a Joint Site Development Plan with the goal of agreeing, among other things, on how much of the Property the Library District will require for its purposes, and location of the same. The Parties intend that the Joint Site Development Plan shall include building footprints, parking, curb cuts, sidewalks, storm water management, access including reciprocal access and parking easements if any, and any other matters that the Parties deem desirable to be included as part of such Joint Site Development Plan. The Library District anticipates that its needs will include the following: A. A minimum of a 30,000 square foot building on one floor, that will serve as a destination facility with programming intended to draw participants from the Spokane County region. B. The exterior building image should provide a sense that this building is a library and an important civic and community building. This can be accomplished by using timeless, quality materials like brick, stone, concrete and composite metal panels to name a few. C. Site Requirements: • Building footprint a minimum of 30,000 square feet. • Vehicular access required for rear service entrance. I:\S PODOCS\26321\00006\AGREE\1007874 3 • Appropriate parking to meet the City's code minimum requirements for a public library, with a 100 seat meeting room. • Require frontage on or clear visibility from Sprague Avenue but not from behind a parking lot. • At least one side of library building adjacent and open to landscaped park area. The City anticipates that its needs will include the following: A. Land for a park or other civic uses B. Due to civic nature of the site, shared hardscape such as walkways and plaza anticipated C. Potential amenities to consider: • parking • reading garden • public market space • civic plaza and fountain • flag display/Veteran's memorial • small picnic shelter • large shelter • performance/gathering place • seasonal cafe place • open field • walking loop/trail I:\S PODOC S \2632 1\00006\AGREE \ 1007874 4 • art/sculpture walk D. Site requirements: • Public access to library restrooms • Park frontage on Sprague • Off-street parking for City users (shared parking with library) Fundamental to the understanding between the Parties hereto is that as of the date hereof, neither Party is in a position to know precisely how the Property should be divided such that the resulting two parcels will maximize the use and benefit to each Party of the Property for the Parties' respective needs to the extent allowed by law. To that end, the Parties agree that as of the date hereof, the number of square of feet and the precise location of the boundary line to be created cannot be known until completion of the Joint Site Development Plan. The Parties therefore agree to cooperate in good faith with each other to arrive at a mutually satisfactory arrangement for dividing the property as reflected in the Joint Site Development Plan. Any engineering or other consulting fees incurred in this process shall be split equally. Allocation of costs for a traffic study that addresses impacts of anticipated development is the subject of a separate Memorandum of Understanding between the Parties. Based upon the traffic study, the Parties have identified certain right-of-way improvements or site -wide improvements (collectively referred to as "frontage improvements) that are necessary for the respective proposed projects. The Parties agree to split the frontage improvements currently identified in the traffic study on an equal basis. The frontage improvements currently identified are set forth in Exhibit B, attached hereto. Allocation of additional costs for any other frontage improvements that are necessitated by or otherwise determined as part of the Joint Site Development Plan will be as agreed by the Parties within 30 days of completion of the Joint Site Development Plan. The Parties will negotiate the allocation of any such additional frontage improvement costs in good faith. 7. Property Adjustment. If, as a result of the Joint Site Development Plan process the Library District determines that it needs more than 2.5 acres, then the City agrees that it will sell to the Library District at the original per square foot Purchase Price up to one additional acre of the Property. Payment to the City by the Library District of any additional property in excess of the original 2.5 acres shall be made on or before recording of the Deed described in Section 8 below. Any costs incurred for the boundary line adjustment process, and any surveying fees and fees for preparation and recording of the Deed shall be paid for by the Library District. Any legal fees incurred by the Parties shall be the separate responsibility of each. I: \S PODOC S \26321 \00006\AGREE\ 1007874 5 8. Deed to Library District. Within 30 days after completion of the Joint Site Development Plan, the Parties will cooperate to initiate the process to adjust the boundary line as agreed in the Joint Site Development Plan through a boundary line adjustment. Within 10 days of the completion of the boundary line adjustment, the City will convey to the Library District by deed that portion of the Property designated for the Library District on the Joint Site Development Plan to the Library District. 9. Failure of Joint Site Development Plan. In the event that, despite their good faith best efforts, the Parties are unable to agree on a Joint Site Development Plan as described above, and absent an agreement between the Parties to extend the deadline for developing such Joint Site Development Plan, then City shall, within 60 days after the final deadline for developing the Joint Site Development Plan, reimburse the Library District the full amount of that portion of the Purchase Price together with the pro -rata share of any survey, title, recording, closing, and phase I environmental audit costs paid by the Library District and from that point in time this agreement would be considered void. Each Party shall pay one-half of the costs of the Joint Site Development Plan if the project does not go forward, either due to failure to agree on a Joint Site Development Plan or because the District does not pass its bond as set forth in Section 10. 10. Re -Purchase by City. In order to construct a library building and ancillary improvements on the portion of the Property acquired by the Library District, it is anticipated that the Library District will need to secure voter approval of a District -wide bond levy covering this and other projects. Without voter approval of such bond, the Library District will not be in a position to develop its portion of the Property. The Parties agree that in the event that the Library District has not, within five years following the Closing, secured voter approval of a construction bond for the library building and ancillary improvements in such amount as shall be determined necessary by the Library District, that thereafter the Library District shall reconvey all of the Property back to the City at the same price paid by the Library District to the City. Such payment shall be paid all in cash. The Library District, in such event, shall convey title to the City with the same type of instrument as it received the Property from the City, and from that point in time this agreement would be considered void. In the event the construction bond is approved, the Library District shall commence construction within one year of the date of voter approval of the construction bond. 11. Maintenance Costs. The City agrees to maintain the Property, including that portion deeded to the Library District, until such time as the Library District shall begin development of its property. Maintenance is anticipated to include weed control and trash removal, and the Library District agrees to reimburse the City on an annual basis its proportionate share of such costs. The District and City shall negotiate in good faith the allocation of maintenance costs for the external library grounds both during the period of construction of the library facility, as well as maintenance costs once the facility is constructed. 12. Use of Property. The City agrees that its portion of the Property will be dedicated to public use and will not be sold to any third party. The Library District agrees that its portion of I:\S PODOC S\2632I \00006\AGREE\1007874 6 the Property will be developed into a public library facility provided that funding for such project is secured as provided above in Section 10. The City, at its expense, will be allowed to use the entire site for civic purposes until the District provides the City with a notice that the District will commence construction activities in 30 days. The City agrees to hold harmless and indemnify the District from and against all claims, causes of action, and damages arising out of the City's use of the Property for any such civic purposes. 13. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, personal representatives, legal representative, agents, attorneys, successors and assigns. 14. Entire Agreement. This Agreement is the sole and entire agreement between the Parties, and there is no other agreement, either oral or in writing, which modifies the terms of this Agreement. No statement, promises, or inducements made by either Party or any agent of either Party that is not contained in this written Agreement shall be valid or binding. Any enlargement, modification or alteration of this Agreement is binding only if executed in writing and signed by all Parties hereto. 15. Attorneys' Fees. In any action to enforce this Agreement, the prevailing Party shall be entitled to recover expenses, including reasonable attorneys' fees, at all trial and appellate levels, including any bankruptcy proceedings. 16. Venue. This Agreement is entered into in the State of Washington and venue of any action shall be the Superior Court for Spokane County. 17. Notices. All notices, demands or other communications which are required or permitted to be given under this Agreement shall be in writing, and either personally delivered or mailed to the other Party at the address set forth below its signature on this Agreement, or at such other addresses as either party may give to the other by notice in writing pursuant to the terms of this paragraph. 18. Waiver. Waiver by either Party of any covenant, condition or provision of this Agreement shall not operate as or be considered to be a waiver by such Party of any other covenant, condition or provision hereof, or of any subsequent breach of either Party. 19. Additional Acts. The Parties each hereby agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered, any and all such further acts, documents and assurances as may be reasonably required to consummate the transaction contemplated hereby. I:\SPODOCS\26321\00006\AGREE\1007874 7 20. Recording of Agreement. Pursuant to the provisions of RCW 39.34.040, this Interlocal Agreement shall be filed with the office of the Spokane County Auditor. 21. Negotiation and Construction. This Agreement, and each of the terms and provisions hereof, are deemed to have been explicitly negotiated between the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party. 22. Representation of Authority. Each person who executes this Agreement represents and warrants to the Parties that he or she has the authority to do so. SPOKANE COUNTY LIBRARY DISTRICT CITY OF SPOKANE VALLEY By:�. lilf By: Print Name: NOlnt; L deboev' Print Name: /'2€ L'hv1 Title: EyeathVe/Dveaw Address: 4131 Z. N. 4-tej it A 3 p e,Q e W4 Dated: q/l q/rz'- Title: l Address: /1 70 7 L s';'PV4, ee ,COP-4 h& ✓ tier Dated: Approved as to Form: Approved as to Form: fl ' Philip S. Brooke, Attorney at Law Dated: la/ City Attori y Dated: 9 `� 7 -1 2 I : \ S PO DO C S \26321 \00006\AG R EE\ 1007874 8 EXHIBIT A The southeast quarter of the southwest quarter of the southeast quarter of Section 17, Township 25 North, Range 44 East, W.M., in the City of Spokane Valley, Spokane County, Washington; Excepting therefrom the West 20 feet; Further excepting therefrom the North 15 feet; Further:.exccepting therefrom the• South 80.'feet.for Sprague Avenue. Spokane Co. parcel no.s 45174.9053, 45174.9054, 45174.9055, and 45174.9056 Frontage Improvements Cost Estimate Project Name: Spokane County Llbrary - Proposed Main Library Site Frontage Improvements: Herald Rd.; Main Ave. Prepared By: Preparation Date: Bryan D. Hicks, P.E. July 18, 2012 EXHIBIT B Spokane Valley ITEM ii WSDOT STD. SPEC. WSDOTSTD. #! ITEM DESCRIPTION UNIT OF MEASURE PLANNED QUANTITY ESTIMATED UNIT PRICE ESTIMATED ITEM PRICE 1 1-09.7 0001 MOBILIZATION L.S. 1 $ 31,500.00 $ 31,500 2 1-05.4 7038 ROADWAY SURVEYING L.S. 1 $ 1,500.00 $ 1,500 6 1-07.15 7736 SPCC PLAN L.S. 1 $ 500.00 $ 500 9 1-10.3 6971 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 $ 4,000.00 $ 4,000 10 2-01 0035 CLEARING AND GRUBBING L.S. 1 $ 4,000.00 $ 4,000 12 2-02 SAWCUT ASPHALT PAVEMENT L.F. 1,300 $ 1.50 $ 1,950 14 2-03 0310 ROADWAY EXCAVATION & EMBANKMENT, INCL. HAUL C.Y. 738 $ 16.00 $ 11,808 17 4-04 5115 CRUSHED SURFACING TOP COURSE C.Y. 368 $ 48.00 $ 17,664 19 5-04 HMA CL. 1/2", 0.25 FT. DEPTH, PG 64-28 S.Y. 144 $ 24.00 $ 3,456 20 5-04 HMA CL. 1/2", 0.33 FT. DEPTH, PG 64-28 S.Y. 872 $ 20.00 $ 17,440 26 7-05 1062 PRECAST CONCRETE DRYWELL TYPE B - SWALE EACH 3 $ 3,400.00 $ 10,200 34 8-01 TEMPORARY EROSION & SEDIMENT CONTROL L.S. 1 $ 1,500.00 $ 1,500 35 8-02 SWALE EXCAVATION INC. HAUL C.Y. 380 $ 23.00 $ 8,740 36 8-02 6405 TOPSOIL TYPE A C.Y. 150 $ 33.00 $ 4,950 39 8-02 6555 SOD INSTALLATION S.Y. 1,361 $ 8.00 $ 10,888 40 8-03 6071 IRRIGATION SYSTEM L.S. 1 $ 7,500.00 $ 7,500 42 8-04 6700 CEMENT CONC. TRAFFIC CURB & GUTTER L.F. 1,225 $ 13.00 $ 15,925 43 8-04 6707 CEMENT CONC. PEDESTRIAN CURB L.F. 80 $ 18.00 $ 1,440 44 8-04 1070 CEMENT CONC./QUARRY SPALL SPILLWAY S.Y. 20 $ 50.00 $ 1,000 45 8-06 7059 CEMENT CONCRETE DRIVEWAY APPROACH S.Y. 186 $ 44.00 $ 8,184 47 8-14 7055 CEMENT CONCRETE SIDEWALK S.Y. 727 $ 34.00 $ 24,718 48 8-14 7058 CEMENT CONCRETE CURB RAMP TYPE A EACH 4 $ 1,250.00 $ 5,000 51 8-20 6912 HAWK PEDESTRIAN SIGNAL L.S. 1 $ 200,000.00 $ 200,000 TOTAL CONSTRUCTION ESTIMATE $ 393,863 Contingency (25%) Inflation Adjustment Factor (4%/yr) Construction Sub -Total PE (15%) CE (15%) Utility Allowance - Undergrounding of overhead lines (East side of Herald) Right Of Way 2 years TOTAL PROJECT ESTIMATE 98,466 31,509 '523,838 78,576 78,576 20,000 $ 700,989 Cost Estimate Assumptions: Includes pavement widening, sidewalk, curb & gutter and swales for frontage of undeveloped parcel along Herald Rd. and Main Ave. Estimate does not Include frontage Improvements in front of existing Balfour Park on Main Ave or Balfour Rd. Includes HAWK Pedestrian Crossing Signal on Sprague Ave. Main Ave. - (Herald Rd. to Felts Rd.) Local Access Street L = 650 -ft 3" HMA over 6" CSTC; Ex, Width: 30 -ft wide; No additional widening req'd 10 -ft swale; 6 -ft sidewalk, Herald Rd. - (SDra0ue Ave. to Main Ave.) Collector Street' L = 575 -ft 4" HMA over 6" CSTC; Ex. Width: 25 to 30 -ft; Widen to 40 -ft 10 -ft swale; 6 -ft sidewalk DRAFT 2017 ADDENDUM TO THE INTERLOCAL AGREEMENT FOR ACQUISTION OF REAL ESTATE BETWEEN THE CITY OF SPOKANE VALLEY AND THE SPOKANE COUNTY LIBRARY DISTRICT WHEREAS, the City of Spokane Valley (the City) and Spokane County Library District (the Library District) (referred to jointly as the Parties) executed an interlocal agreement (the Agreement) on September 27, 2012. The purpose of the Agreement was for the City to sell the District certain real property located on the north side of Sprague Avenue, between Balfour Road and Herald Road, with the intent that the Library District would design and construct a new library facility that would serve as the primary library facility in the City; and WHEREAS, pursuant to the Agreement, the City sold 2.5 acres to the Library District, Spokane County parcel number 45174.9063 (the Site), with the transaction closing on or about October 31, 2012. The Parties agreed to an additional transfer of property pursuant to the Agreement, which was dependent upon the needs of the Library District as determined in a collaborative joint needs analysis/conceptual site plan prepared by the Parties. The total property acquired by the Library District from the City was 2.82 acres, with the total closing price, including land and apportioned costs, of $839,285.10; and WHEREAS, Section 10 of the Agreement contains a requirement that "in the event that the Library District has not, within five years following the Closing, secured voter approval of a construction bond for the library building and ancillary improvements in such amount as shall be determined necessary by the Library District, that thereafter the Library District shall reconvey all of the Property back to the City at the same price paid by the Library District to the City." WHEREAS, the conceptual site plan process took place largely in 2013, and included significant technical input and analysis by the Parties, consultants, and the public. This extensive public participation has been integral to the plan to develop the Site as the main library facility in the City, including identifying the functions desired and needed by the community in a modern library facility; and WHEREAS, in April 2014, the Library District put two ballot measures before the electorate in the greater Spokane Valley region. The first measure was whether to create a capital facilities area which was a subset of the entire Library District, and which would primarily benefit from the proposed improvements. The second measure was whether to approve construction of the new library at the Site, a second but smaller library facility near the intersection of Sprague Avenue and Conklin Road, as well as improvements at the Argonne Branch, located at Argonne Road and Upriver Drive. The creation of the capital facility area, which required a simple majority, was approved. The vote to approve construction of the facilities, which required at least a 60% approval, failed, although it received 54.84% approval; and 2017 Interlocal Agreement Addendum, Acquisition of Real Estate for Library Page 1 of 4 DRAFT WHEREAS, in August 2015, the Library District again requested that the voters in the capital facility area approve the proposed construction. The capital facility area is legally valid for up to two election attempts, so did not need to be approved as part of the 2016 effort. This effort received 57.57% approval, falling just short of being successful; and WHEREAS, the Parties mutually recognize the importance of having a modern, functional library facility to support the educational needs of the citizens of the City, including children and adults; and WHEREAS, the Parties mutually recognize the economic development benefits of co - locating the new library facility with the City's proposed renovations of Balfour Park, which are also adjacent to the City's new City Hall facility. The Parties assert these combined improvements will act as a magnet for private development in the area; and WHEREAS, the Parties prepared a Joint Site Plan which identified certain right-of-way improvements or site -wide improvements (collectively referred to as "frontage improvements") that are necessary for the respective proposed projects on the site. Said improvements will benefit the multiple uses planned for the combined site. The Parties wish to work together to provide the necessary site improvements while keeping the cost manageable for the citizens; and WHEREAS, the Parties agree that a continuing and enhanced partnership between the Parties is crucial for success in jointly developing the Site. NOW THEREFORE, the Parties agree to make the following amendments to the Agreement: 6. Joint Site Development Plan. A. An approximately 25,000 square foot building on one floor, that will serve as a destination facility with programming intended to draw participants from the Spokane County region. The ultimate size of the facility shall be determined following appropriate public engagement. C. Site requirements: Building footprint of approximately 25,000 square feet. The Parties agree to contribute the following amounts to the frontage and/or site improvements on the Library Site which have been identified in the Joint Site Development Plan. The Library District shall contribute its investment of $1.3 million to purchase the two library construction sites, including the Site, as well as the second library site near Sprague Avenue and Conklin Road, and will no longer seek reimbursement for the land costs through a subsequent bond. This Library District obligation is separate from and in 2017 Interlocal Agreement Addendum, Acquisition of Real Estate for Library Page 2 of 4 DRAFT addition to any amount sought in bond proceeds, and represents the actual expenditure amounts to purchase both sites. The City shall contribute $1.3 million in frontage and/or joint site improvements on the Library Site. This amount includes the $839,285.10 paid by the Library District to the City for the Site. This City obligation is separate from and in addition to any frontage or site improvements the City would already be responsible for in developing and constructing Balfour Park. The intent of these contributions by the Parties is to accomplish the mutual goals set forth in the recitals to this Addendum, above, and to reduce the amount of bond proceeds that would be requested from the voters. Exhibit B, previously attached to this Agreement is deleted. The Parties shall, within 45 days of validation of the passage of ballot measure approving construction bonds, form a joint site development project team. 10. Re -Purchase by City. In order to construct a library building and ancillary improvements on the portion of the Property acquired by the Library District, it is anticipated that the Library District will need to secure voter approval of a bond levy covering the Library Site and the Sprague and Conklin site projects. Without voter approval of such bond, the Library District will not be in a position to develop its portion of the Property. The Parties agree that in the event that the Library District has not, by October 31, 2022, secured voter approval of a construction bond for the library building and ancillary improvements in such amount as shall be determined necessary by the Library District, that thereafter the Library District shall reconvey all of the Property back to the City at the same price paid by the Library District to the City. The Parties may, by mutual written agreement after October 31, 2021, extend the timeframe for reconveyance by an additional two years, to October 31, 2024. Such payment shall be paid all in cash. The Library District, in such event, shall convey title to the City with the same type of instrument as it received the Property from the City, and from that point in time this agreement would be considered void. In the event the construction bond is approved, the Library District shall commence construction within one year of the date of voter approval of the construction bond. 12. Use of Property. The City agrees that its portion of the Property will be dedicated to public use and will not be sold to any third party. A deed restriction shall be recorded by the Library District within a reasonable amount of time from voter approval of a construction bond that would limit the use of the Site to a library facility for a minimum of 50 years from date of opening. The Library District agrees that its portion of the Property will be developed into a public library facility provided that funding for such project is secured as provided above in Section 10. The City, at its expense, will be allowed to use the entire site for civic purposes until the District provides the City with a notice that the District will commence construction activities in 30 days. The City agrees to hold harmless and indemnify the District from and against all claims, causes of action, and damages arising out of the City's use of the Property for any such civic purposes. 2017 Interlocal Agreement Addendum, Acquisition of Real Estate for Library Page 3 of 4 DRAFT This Addendum shall become effective upon the date of the signature of the last party signing this document. CITY OF SPOKANE VALLEY Mark Calhoun, City Manager Date Signed: Approved as to form: Office of the City Attorney Date Signed SPOKANE COUNTY LIBRARY DISTRICT Nancy Ledeboer, Executive Director Date Signed: Approved as to form: Cynthia McMullen, Counsel for SCLD Date Signed 2017 Interlocal Agreement Addendum, Acquisition of Real Estate for Library Page 4 of 4 DRAFT 2017 ADDENDUM TO THE INTERLOCAL AGREEMENT FOR ACQUISTION OF REAL ESTATE BETWEEN THE CITY OF SPOKANE VALLEY AND THE SPOKANE COUNTY LIBRARY DISTRICT WHEREAS, the City of Spokane Valley (the City) and Spokane County Library District (the Library District) (referred to jointly as the Parties) executed an interlocal agreement (the Agreement) on September 27, 2012. The purpose of the Agreement was for the City to sell the District certain real property located on the north side of Sprague Avenue, between Balfour Road and Herald Road, with the intent that the Library District would design and construct a new library facility that would serve as the primary library facility in the City; and WHEREAS, pursuant to the Agreement, the City sold 2.5 acres to the Library District, Spokane County parcel number 45174.9063 (the Site), with the transaction closing on or about October 31, 2012. The Parties agreed to an additional transfer of property pursuant to the Agreement, which was dependent upon the needs of the Library District as determined in a collaborative joint needs analysis/conceptual site plan prepared by the Parties. The total property acquired by the Library District from the City was 2.82 acres, with the total closing price, including land and apportioned costs, of $839,285.10; and WHEREAS, Section 10 of the Agreement contains a requirement that "in the event that the Library District has not, within five years following the Closing, secured voter approval of a construction bond for the library building and ancillary improvements in such amount as shall be determined necessary by the Library District, that thereafter the Library District shall reconvey all of the Property back to the City at the same price paid by the Library District to the City." WHEREAS, the conceptual site plan process took place largely in 2013, and included significant technical input and analysis by the Parties, consultants, and the public. This extensive public participation has been integral to the plan to develop the Site as the main library facility in the City, including identifying the functions desired and needed by the community in a modern library facility; and WHEREAS, in April 2014, the Library District put two ballot measures before the electorate in the greater Spokane Valley region. The first measure was whether to create a capital facilities area which was a subset of the entire Library District, and which would primarily benefit from the proposed improvements. The second measure was whether to approve construction of the new library at the Site, a second but smaller library facility near the intersection of Sprague Avenue and Conklin Road, as well as improvements at the Argonne Branch, located at Argonne Road and Upriver Drive. The creation of the capital facility area, which required a simple majority, was approved. The vote to approve construction of the facilities, which required at least a 60% approval, failed, although it received 54.84% approval; and 2017 Interlocal Agreement Addendum, Acquisition of Real Estate for Library Page 1 of 4 DRAFT WHEREAS, in August 2015, the Library District again requested that the voters in the capital facility area approve the proposed construction. The capital facility area is legally valid for up to two election attempts, so did not need to be approved as part of the 2016 effort. This effort received 57.57% approval, falling just short of being successful; and WHEREAS, the Parties mutually recognize the importance of having a modern, functional library facility to support the educational needs of the citizens of the City, including children and adults; and WHEREAS, the Parties mutually recognize the economic development benefits of co - locating the new library facility with the City's proposed renovations of Balfour Park, which are also adjacent to the City's new City Hall facility. The Parties assert these combined improvements will act as a magnet for private development in the area; and WHEREAS, the Parties prepared a Joint Site Plan which identified certain right-of-way improvements or site -wide improvements (collectively referred to as "frontage improvements") that are necessary for the respective proposed projects on the site. Said improvements will benefit the multiple uses planned for the combined site. The Parties wish to work together to provide the necessary site improvements while keeping the cost manageable for the citizens; and WHEREAS, the Parties agree that a continuing and enhanced partnership between the Parties is crucial for success in jointly developing the Site. NOW THEREFORE, the Parties agree to make the following amendments to the Agreement: 6. Joint Site Development Plan. A. An approximately minimum of a 258,000 square foot building on one floor, that will serve as a destination facility with programming intended to draw participants from the Spokane County region. The ultimate size of the facility shall be determined following appropriate public engagement. C. Site requirements: Building footprint of approximatelya minimum of 3025,000 square feet. The Parties agree to contribute the following amounts to the frontage and/or site improvements on the Library Site which have been identified in the Joint Site Development Plan. The Library District shall contribute its investment of $1.3 million to purchase the two library construction sites, including the Site, as well as the second library site near Sprague Avenue and Conklin Road, and will no longer seek reimbursement for the land costs through a subsequent bond. This Library District obligation is separate from and in 2017 Interlocal Agreement Addendum, Acquisition of Real Estate for Library Page 2 of 4 DRAFT addition to any amount sought in bond proceeds, and represents the actual expenditure amounts to purchase both sites. The City shall contribute $1.3 million in frontage and/or joint site improvements on the Library Site. This amount includes the $839,285.10 paid by the Library District to the City for the Site. This City obligation is separate from and in addition to any frontage or site improvements the City would already be responsible for in developing and constructing Balfour Park. The intent of these contributions by the Parties is to accomplish the mutual goals set forth in the recitals to this Addendum, above, and to reduce the amount of bond proceeds that would be requested from the voters. Exhibit B, previously attached to this Agreement is deleted. The Parties shall, within 45 days of validation of the passage of ballot measure approving construction bonds, form a joint site development project team. the subject of a separate Memorandum of Understanding between the Parties. Based upon the traffic study, the Parties have identified certain right of way improvements or site wide improvements (collectively referred to as "frontage improvements) that are necessary for the respective proposed projects. The Parties agree to split the frontage improvements currently idcntificd in the traffic study on an equal basis. The frontage improvements currently identified are set forth in Exhibit B, attached hereto. Allocation of additional costs for any other frontage improvements that are necessitated by or otherwise determined as part of the Joint Site Development Plan will be as agreed by the Parties within 30 days of completion of the Joint Site Development Plan. The Parties will negotiate the allocation of any such additional frontage improvement costs in good faith, 10. Re -Purchase by City. In order to construct a library building and ancillary improvements on the portion of the Property acquired by the Library District, it is anticipated that the Library District will need to secure voter approval of a District wide bond levy covering the Library Site and the Sprague and Conklin site projects.this and other projects. Without voter approval of such bond, the Library District will not be in a position to develop its portion of the Property. The Parties agree that in the event that the Library District has not, by October 31, 2022within five years following the Closing, secured voter approval of a construction bond for the library building and ancillary improvements in such amount as shall be determined necessary by the Library District, that thereafter the Library District shall reconvey all of the Property back to the City at the same price paid by the Library District to the City. The Parties may, by mutual written agreement after October 31, 2021, extend the timeframe for reconveyance by an additional two years, to October 31, 2024. Such payment shall be paid all in cash. The Library District, in such event, shall convey title to the City with the same type of instrument as it received the Property from the City, and from that point in time this agreement would be considered void. In the event the construction bond is approved, the Library District shall commence construction within one year of the date of voter approval of the construction bond. 2017 Interlocal Agreement Addendum, Acquisition of Real Estate for Library Page 3 of 4 DRAFT 12. Use of Property. The City agrees that its portion of the Property will be dedicated to public use and will not be sold to any third party. A deed restriction shall be recorded by the Library District within a reasonable amount of time from voter approval of a construction bond that would limit the use of the Site to a library facility for a minimum of 50 years from date of opening. The Library District agrees that its portion of the Property will be developed into a public library facility provided that funding for such project is secured as provided above in Section 10. The City, at its expense, will be allowed to use the entire site for civic purposes until the District provides the City with a notice that the District will commence construction activities in 30 days. The City agrees to hold harmless and indemnify the District from and against all claims, causes of action, and damages arising out of the City's use of the Property for any such civic purposes. This Addendum shall become effective upon the date of the signature of the last party signing this document. CITY OF SPOKANE VALLEY SPOKANE COUNTY LIBRARY DISTRICT Mark Calhoun, City Manager Date Signed: Approved as to form: Office of the City Attorney Date Signed Nancy Ledeboer, Executive Director Date Signed: Approved as to form: Cynthia McMullen, Counsel for SCLD Date Signed 2017 Interlocal Agreement Addendum, Acquisition of Real Estate for Library Page 4 of 4 Update - Interlocal agreement with Spokane County Library District Mark Calhoun, City Manager Cary Driskell, City Attorney July 11, 2017 City of Spokane Valley - Office of the City Attorney r Background In 2012, the Spokane County Library District (SCLD) requested that the City purchase 8.4 acres of vacant land adjacent to the existing Balfour Park. Their goal was to then work with the City to purchase a portion of that property from the City to construct a new, main Spokane Valley library facility. As the City worked to finalize its purchase from the Pring Corporation, the City and SCLD negotiated a separate interlocal agreement for the sale of the City's new property. City of Spokane Valley - Office of the City Attorney Background - continued • The interlocal states that the City would sell 2.5 acres to SCLD and, pursuant to Paragraph 6, that the parties would engage in a joint site plan process to determine how much additional property SCLD would need. As a result of the joint site analysis process, the City and SCLD identified that an additional .32 acres would be needed by the SCLD, for a total purchase of 2.82 acres. The City and SCLD completed the transaction, which closed on or about October 31, 2012. City of Spokane Valley - Office of the City Attorney r� ■ �• pokane Valley Park/Library Conceptual Site PEan ar :hiitec:i =e . utter iOr resit ri I r= -c JT( hp�e : to HERALD RD MAIN ST READING GARDE RR/STAGRR/STAG E AMPHITHEATER PUB ART WATER FEATURE/ BUS STOP SPRAGUE AVE FIRE STATION BALFOUR RD A $119ARD Ili I L Background - continued Paragraph 10 of the interlocal agreement contains a provision identifying the need by SCLD to get voter approval on a construction bond to build two library facilities, including this one and another near Conklin Road and Sprague Avenue. Paragraph 10 further states that in the event the SCLD fails to pass a bond for construction within five years of closing, "the (SCLD) shall reconvey all of the Property back to the City at the same price paid by (SCLD) to the City." City of Spokane Valley - Office of the City Attorney Background - continued In April 2014, SCLD put two ballot measures before voters: 1. Whether to create a capital facilities area (a subset of the whole District) that would primarily benefit from the proposed library facilities; and This was approved by simple majority, and was thus good for up to two ballot attempts. 2. Whether to approve approximately $22 million in bonds for construction of the two new library facilities (Sprague/Herald and Sprague/Conklin) and upgrades to a third (Argonne Branch). This required at least 6o% approval, but only received 54.84%. City of Spokane Valley - Office of the City Attorney Background - continued In August 2015, SCLD again requested that voters approve approximately $22 million bonds for construction. This effort still failed, but received 57.57% of the required 6o%. Any future request to voters to approve bonds would require the approval of a new capital facility area. City of Spokane Valley - Office of the City Attorney Background - continued On January 3, 2017, the City and SCLD created a library ad hoc committee comprised of SCLD Board of Trustee members, SCLD senior staff, two City Council members, and City senior staff. The purpose for the ad hoc committee was to identify and implement ways the two entities could continue to partner to assist SCLD in getting the Sprague library facility constructed. The ad hoc committee has met five times since late 2016. In its last meeting, the ad hoc committee approved making recommendations to SCLD and the Council that both bodies approve the proposed 2017 amendments. City of Spokane Valley - Office of the City Attorney Proposed 2017 amendments. As previously noted, the 2012 interlocal agreement, Paragraph 10, contains a requirement that the City repurchase the property, on the same terms as the original sale, if SCLD has not received construction bond approval. One of the proposed terms of this amendment is to change that from expiration on October 31, 2017, to October 31, 2022 (five additional years). Additionally, the parties may, by mutual written agreement extend the timeframe for reconveyance by an additional two years, to October 31, 2024. City of Spokane Valley - Office of the City Attorney Proposed 2017 amendments The 2012 interlocal specified a building of a minimum of 3o,000 square feet. The 2017 amendment would modify this to state that the building would be approximately 25,000 square feet, and that the ultimate size of the facility would be determined following appropriate public engagement. City of Spokane Valley - Office of the City Attorney Proposed 2017 amendments The 2012 interlocal contained provisions that obligated the parties to evenly split the cost of all shared areas, such as the plaza between the librarybuildingand the park, as well as splitting the cost of all frontage improvements (curb, gutte r sidewalk) . The 2017 amendment would require the City to invest $1.3 million in the SCLD project, which would be used for development of areas like the plaza and for p frontage improvements. The proposed $1.3 million would include the $839,285.10 SCLD paid the City for the land, which has been held by the City since closing. The City would need to allocate an additional $461,000 to joint areas pursuant to the proposed amendment. SCLD would similarly commit the approximately $1.3 million it has previously invested through purchasing the two sites. In doing so, SCLD would not seek reimbursement for those land acquisition costs through the bond sale. City of Spokane Valley - Office of the City Attorney Proposed 2017 amendments The 2017 amendments include a requirement that the parties form a joint site development project team within 45 days of passage of a ballot measure approving construction bonds. The intent of this provision is a recognition that, upon voter approval, the parties will need to work closely together to ensure that the shared library and park amenities are coordinated, and that appropriate timing issues in planning and construction are considered. City of Spokane Valley - Office of the City Attorney Proposed 2017 amendments The intent of the parties in committing to these matching $1.3 million dollar investments is based on the following: 1. Both the City and SCLD have expressed the importance of continuing this partnership into the future due to the cross -generational educational benefits; and 2. By doing so, and by engaging in a detailed effort to reduce the cost of the facilities (while still providing the necessary library services), SCLD seeks to significantly reduce the size of the construction bond that would be submitted to the voters. SCLD anticipates presenting a bond request that is significantly below the prior efforts, which were for approximately $22 million. City of Spokane Valley - Office of the City Attorney Proposed 2017 amendments Lastly, there is a proposed amendment that would require SCLD to place a deed restriction on its property, within a reasonable time from voter approval, that would limit the use to a library site for a minimum of 5o years. This reflects the significant investment of time and monetary resources the parties have committed, and would be committing, to this project. City of Spokane Valley - Office of the City Attorney Questions? City of Spokane Valley - Office of the City Attorney 15 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 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: Interlocal Agreement for Law Enforcement Services Amendment GOVERNING LEGISLATION: RCW 39:34 PREVIOUS COUNCIL ACTION TAKEN: Authorized Contract 10-109, Interlocal Agreement for Costs Incident to Law Enforcement Services in the City of Spokane Valley, on August 10, 2010. Provided consensus on July 5, 2016 to establish Law Enforcement goals and authorize staff to negotiate inclusion of goals in the Law Enforcement agreement. BACKGROUND: The Spokane County Sheriff's Office has provided law enforcement service to the City of Spokane Valley since incorporation. The current contract was executed in 2010. Council has expressed interest in reviewing the current contract and identifying possible changes to the terms. At the Council Workshop on March 15, 2016, City staff and the Police Chief presented information specific to the Law Enforcement Contract. A follow-up presentation was made to Council on June 7. As a result of Council comments and staff research, staff developed a list of proposed Public Safety goals specific to Law Enforcement for the consideration of Council. Council arrived at a consensus for establishing the Law Enforcement goals on July 5, 2016, and instructed the City Manager to negotiate with the Sheriff and the County to amend the Interlocal Agreement for Law Enforcement Services, incorporating the City's goals into the agreement. City staff has negotiated the new terms with the Sheriff and the County and presents the draft amended agreement to Council for consideration. OPTIONS: (1) Place on future agenda for motion consideration; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to move forward to motion consideration. BUDGET/FINANCIAL IMPACTS: The 2017 budget for the Law Enforcement Agreement is $20,036,884. The impact of the new cost methodology will be estimated later in 2017. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst; Cary Driskell, City Attorney; Mark Calhoun, City Manager ATTACHMENTS: Summary of Changes, Marked -Up Version of Amended Law Enforcement Agreement, Clean Version of Law Enforcement Agreement. SPOKANE VALLEY PUBLIC SAFETY - LAW ENFORCEMENT GOALS: NEGOTIATED RESULTS Goals #1: Contract Length ➢ Rolling Termination of 18-24 months. ➢ Evaluation presented to Council periodically or prior to term expiration. ➢ Auto -renewal with authorization by Council. Addressed in Section Nos. 4.1 and 4.2, page 2 of the redlined agreement • 5 year term. • 24 month termination after three years are complete. • Must have Council authorization for auto renewal. Goal #2: Vehicle Color ➢ Marked vehicles will be Light Blue Metallic in color. ➢ Existing vehicles left the color they are. Addressed in Section No. 12.1, page 17 of the redlined agreement • Vehicles shall display the color, identification and logo of City. Goal #3: Marked Cars ➢ Patrol, Traffic, School Resource Officer, and Community Service Vehicles are clearly marked. ➢ Detective and Supervisor cars are left unmarked. ➢ Current County Sign Shop decals are utilized. Addressed in Section No. 12.1, page 17 of the redlined agreement • Patrol, Traffic, School Resource Officer, and Community Service vehicles that are assigned to the City shall display the color, identification and logo of City. • Detective and Supervisor vehicles may be left unmarked. Goal #4: Officer Uniforms ➢ Create a Spokane Valley Police Officer uniform committee comprised of Spokane Valley Police Officers to identify the best options to create a unique Spokane Valley Police identity. ➢ These options will be presented to Council for consideration. Addressed in Section No. 12.2, page 17 of the redlined agreement • Assigned personnel shall wear additional identification in the nature of a patch, clearly indicating affiliation with City on uniform jackets and jumpsuits. Page 1 of 5 SPOKANE VALLEY PUBLIC SAFETY - LAW ENFORCEMENT GOALS: NEGOTIATED RESULTS Goal #5: Dedicated Officers ➢ Through the Contract with the Sheriff's Office, identify, when feasible, a fixed number of dedicated Spokane Valley Police Officers, including Investigative Services. Addressed in Section No. 2.4, page 2 of the redlined agreement • Dedicated City Officers listed in Exhibit 3 are 100% dedicated to providing service to the City and work under the supervision of the Police Chief. Addressed in Section No. 5.1.1, page 4 of the redlined agreement • City may unilaterally adjust the number of dedicated City officers. Addressed in Section No. 5.1.2, page 4 of the redlined agreement • Sheriff shall ensure that shared service units listed in Exhibit 4 work with the Police Chief and Precinct Commander to provide case updates, information, and data as requested. • Sheriff shall have the ability to make permanent adjustments to the number of commissioned officers providing services listed under shared units in Exhibit 4 after 30 days advanced notice is provided to the City and accompanied with a cost impact estimate and service level impact estimate. Addressed in Section No. 8.3, page 11 of the redlined agreement • Sheriff and Police Chief shall work together to determine the personnel assigned to fill Dedicated City Officers positions. • Sheriff and City will work together to encourage Dedicated City Officer retention and fill open positions to provide continuity of services. • Sheriff and City Manager shall discuss anticipated vacancies and how best to prepare to fill those vacancies. Addressed in Section No. 8.5, page 11 of the redlined agreement • Dedicated service units and officers shall work under the supervision of the Police Chief and be located at the City Precinct Building. Addressed in Section No 9.3, pages 13 and 14 of the redlined agreement • Police Chief will review the performance of all Dedicated City Officers and report any recommendations for performance improvement to the City Manager. • Police Chief will identify duties of all Dedicated City Officers. • Police Chief will provide supervision and direction to all Dedicated City Officers. Addressed in Exhibits 1 and 3 of the redlined agreement • Dedicated City service units and officers identified. Page 2 of 5 SPOKANE VALLEY PUBLIC SAFETY - LAW ENFORCEMENT GOALS: NEGOTIATED RESULTS Goal #6: Cost Methodology ➢ Develop a simple cost methodology. ➢ Contract cost estimate based on current year budget. ➢ Segregated Spokane Valley cost units. ➢ Rolling average for indirect costs. ➢ Settle and Adjust reconciliation. Addressed in Section No. 6, pages 5 through 10 of the redlined agreement • Cost will be determined by the Law Enforcement Cost Allocation Plan ("LECAP"). The LECAP was greatly simplified and made more accurate and timely through the following changes: o Salary and benefit costs for Dedicated City Officers will be segregated and tracked separately. o Fuel costs will be tracked separately. o Shared costs will be allocated according to factors jointly determined by the City and the County. o Estimated costs will be calculated using the current year's budgeted costs. o Estimated indirect costs will be calculated using an indirect cost rate (%). o Staff and the City Manager have the ability to make minor refinements to the LECAP without amending contract. o Any changes require mutual agreement between City and County. o The Settle and Adjust reconciliation is applied to a single invoice instead of over twelve months. o The Commissioned Officer Rate, the Commissioned Officer Worksheet, and the Cost Calculation Model will be eliminated along with inflationary escalators and vacancy adjustments. o Some cost centers will be combined. o The number of allocation factors and statistics will be reduced. Goal #7: City Control of Police Chief ➢ Retain current scenario where City Manager hires the Police Chief from a list of candidates provided by the Sheriff. ➢ The Police Chief reports to the City Manager and the Sheriff. Addressed in Section No. 9, pages 12 and 13 of the redlined agreement • City Manager hires and terminates the Police Chief. • Sheriff may remove the Police Chief after consultation with the City Manager. • Duties of the Police Chief include working with the City Manager to establish goals, objectives, and performance measures, identifying supplemental training for Dedicated City Officers, maintaining communication between the City Manager and the Sheriff, and notifying the City Manager of any significant criminal events or civil emergencies that occur in the City. Page 3 of 5 SPOKANE VALLEY PUBLIC SAFETY - LAW ENFORCEMENT GOALS: NEGOTIATED RESULTS Goal #8: Public Information ➢ For emergency and emerging incidents in Spokane Valley, the Spokane Valley Police Chief will act as the spokesperson for the City and will coordinate with the Sheriff's Office Public Information Officer when releasing public information. The City Manager will be notified of such events. For general public information of a non -emergency nature specific to Spokane Valley, the Sheriff's Office will coordinate with the City Manager, City P10, and City Police Chief prior to release. Addressed in Section No. 33, page 23 of the redlined agreement • Sheriff will endeavor to have the Police Chief interact with the media when appropriate. Note: Sheriff will work with City and Police Chief to establish identity of Spokane Valley while maintaining ability to take responsibility for significant incidents involving law enforcement. Goal #9: Contract Performance ➢ Establish service level outcomes and specifications to align financial expenditures with performance received. Addressed in Section No 5.2.1, page 5 and Exhibit 2, page 28 of the redlined agreement • Performance Measures and Workload Indicators shall be provided on a quarterly basis. • Modifications shall be made jointly by the Parties as needed. • Performance Goals shall be established by the City Manager and the Police Chief. • Failure to meet goals shall result in progress reports with corrective measures taken. Goal #10: S.C.O.P.E. Services ➢ Enhance SCOPE services by further utilizing the substantial resource of volunteers motivated to serve the community. Addressed in Exhibit 1, pages 26 and 27 of the redlined agreement • SCOPE services were maintained as a service provided through the Law Enforcement Agreement. The negotiating parties believed that additional language is not necessary but can be addressed through the duties of the Police Chief and Sheriff and regular meetings between the Police Chief, Sheriff and City Manager. Goal #11: Spokane Valley strives to be a Crime -Free City Addressed in Section No 1.6, page 1 of the redlined agreement • Goal added to recitals. "The Parties, in providing these law enforcement services, seek to make the CITY a crime -free city." Goal #12: Regular Police Department Updates to Council Page 4 of 5 SPOKANE VALLEY PUBLIC SAFETY - LAW ENFORCEMENT GOALS: NEGOTIATED RESULTS Addressed in Section No. 9.6, page 14, of the redlined agreement. • At the request of the City Manager, Sheriff will make presentations to the Council and appearances at City functions as his schedule permits. • City Manager will also instruct staff and Police Chief to make presentations to Council as needed. Additional Negotiated Items 1. Section 4.3: Added records transfer and timeline to transition plan. 2. Section 5.1: Services can be changed only by written mutual agreement of parties. 3. Section 5.1: Police Chief can reassign personnel temporarily up to 90 days to meet current needs. Longer moves must be approved by City Manager (Permanent changes to dedicated officers would have to be approved by Council). 4. Section 5.1: Staffing additions will be filled in 60 days unless prevented by staffing shortages. In this case, a time estimate will be provided along with quarterly updates. 5. Section 6.1: The City shall not be charged for costs unrelated to the provision of law enforcement services in the current year and shall receive a credit for building and maintenance charges in recognition of the City -owned Precinct Building and Garage. 6. Section 6.2: Established timeline for reviewing and paying estimated costs. 7. Section 6.5: Capital Purchase language was simplified and a requirement to consult with City prior to purchases that impact the City greater than $200,000 was added. Flexibility was added to choose whether to bill the City immediately or flow a purchase through the cost plan. 8. Section 8.4: Language was added to define how patrol districts would change or be evaluated in the event of annexation or due to changes to call load or response times. 9. Section 8.5.1: A Mutual Aid section was added to clarify when Dedicated City Officers can work outside of the City Limits. 10. Section 9.3.11: Added language to the Police Chief duties requiring the Chief to coordinate with the City Manager regarding capital improvement needs of the Precinct Building. 11. Section 9.4: Added to duties of the Precinct Commander to require Commander to work with City staff to provide data as requested. 12. Section 9.6: Added a section for the duties of the Sheriff that provides for greater oversight and interaction between Sheriff, Spokane Valley Police, City Manager, and City Council. 13. Section 9.8: Enhanced scope of meetings between Party representatives and added requirement that City be notified in advance of changes that impact costs or services. 14. Section 13: Added language that addresses the timely transfer of records in the event of a transition of services. 15. Section 18: Revised the dispute process to include a step requiring an action plan prior to arbitration. Page 5 of 5 DRAFT INTERLOCAL AGREEMENT 071117 INTERLOCAL AGREEMENT FOR COSTS INCIDENT TO LAW ENFORCEMENT SERVICES IN THE CITY OF SPOKANE VALLEYAS PROVIDED BY THE SPOKANE COUNTY SHERIFF'S OFFICE TO THE CITY OF SPOKANE VALLEY THIS AGREEMENT made and entered into among Spokane County, a political subdivision of the state of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY," the Spokane County Sheriff, a separate elected official of Spokane County,. having offices for the transaction of business at 1100 West Mallon Avenue, Spokane, Washington 99260, hereinafter referred to as "SHERIFF" and the City of Spokane Valley, a municipal corporation of the state of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206 (10210 E. Sprague after August 31, 2017), hereinafter referred to as "CITY," jointly hereinafter referred to as the "Parties" and individually referred to as "Party" COUNTY, SHERIFF and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS 1.1 Under RCW 36.32.120(6), the Board of County Commissioners of Spokane County, acting on behalf of Spokane County, has the care of County property and the management of County funds and business. 1.2 Under chapter 39.34 RCW ("Interlocal Cooperation Act"), public agencies may contract with each other to perform certain functions which each may legally perform. 1.3 Under chapter 36.28 RCW, the Spokane County Sheriff is the Chief Law Enforcement Officer and Conservator of the Peace of Spokane County. 1.4 The City of Spokane Valley desires to utilize the services of the Spokane County Sheriff's Office to provide law enforcement services. 1.5 The direct and indirect costs for law enforcement services will be set forth in the Law Enforcement Cost Allocation Pplan ("LECAP"), attached hereto as Exhibit "3"described in Section 6 and incorporated herein by this reference. 1.6 The Parties, in providing these law enforcement services, seek to make the CITY a crime -free city. Page 1 of 31 SECTION NO. 2: DEFINITIONS 2.1 Agreement: "Agreement" means this Interlocal Agreement among Sheriff, City and County regarding the provision of law enforcement services. 2.2 City: "CITY" means the City of Spokane Valley. 2.3 County: "COUNTY" means Spokane County. 2.4 Dedicated CITY Officers: "Dedicated CITY Officers" means those commissioned officers (SHERIFF Deputies) listed in Exhibit "3" that are 100% dedicated to providing service to the CITY and who work under the supervision of the CITY Police Chief. 2.54 Services: "Services" means those services identified in Exhibit 1. 2.65 Sheriff: "SHERIFF" means the duly elected sheriff of Spokane County possessing those general duties set forth in chapter 36.28 RCW. 2.76 Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect providing of such Sservices. SECTION NO. 3: PURPOSE The purpose of this Agreement is to reduce to writing the Parties' understanding as to the terms and conditions under which SHERIFF will provide Services to CITY. The Sservices will be consistent with the City's council/manager form of management pursuant to chapter: RCW 35-A.13 RCW. SECTION NO. 4: DURATION AND TERMINATION 4.1 Initial Tterm and Renewal. The initial term of this Agreement shall commence as of 12:01 A.M. on the date of execution, 2010, and run through mMidnight, December 31, 202244, for all provisions except for the cost methodology, which shall be implemented beginning on January 1, 2018. Thereafter, this Agreement shall automatically renew for fivefettf-year time frames, unless the termination process outlined herein is invoked. The Automatic renewal shall not occur unless the CITY provides notice to the COUNTY that the City Council has authorized the renewal. 4.2 Process for Termination. This Agreement may be terminated by any Pparty by providing written notice on or after June 30, 2012December 31, 2020 to all other Parties. COUNTY shall consult with SHERIFF prior to providing written notice of termination under this subsection. SHERIFF shall consult with COUNTY prior to providing written Page 2 of 31 notice of termination under this subsection. This termination will shall be effective (244 8) eighteen twenty-four months after written notice is provided as long as such written notice is provided prior to mMidnight December 31, 20223. The same time intervals for terminations shall apply to future terms if the termination process is not invoked during the initial contract period. 4.3 Implementation of Termination. When notice of termination is given, SHERIFF and CITY agree to jointly prepare a Transition Plan: and complete by a mutually agreed date. 4.3.1 Transition Plan. The Transition Plan shall identify and address, among other items (i) personnel issues; (ii) workload; and (iii) on-going case assignments; and (iv) the transfer of records. If the SHERIFF and CITY cannot mutually agree to the terms of the Transition Plan, either Party can request arbitration as provided in Section No. 18. SHERIFF and CITY shall equally share the cost of said arbitration, 4.3.2 Implementation of Transition Plan. Parties agree to use all best efforts to create and effectuate a mutual implementation of the Transition Plan. 4.4 Termination of the Agreement -Vehicles and Equipment. At the termination of this Agreement, CITY shall have the option to purchase, subject to agreement of SHERIFF and COUNTY, COUNTY -owned vehicles and/or equipment used to provide Services. 4.5 Waiver of Statutory Terms. To the extent that it is applicable to law enforcement Sservices, the Parties hereby waive the statutory termination rights of RCW 39.34.180(3) and elect instead to follow these contractual termination procedures as the sole method of terminating this Agreement, the terms of which are detailed in this subsection. 4.6 Termination of the Agreement and Settle and Adjust. The Parties recognize that Costs for Services under the Agreement areis calculated utilizing the LECAP. The LECAP is Charges for the current year are based on actual estimated costs from two years prior to the current contract year and are subject to a settle and adjust reconciliation to actual costs after the year is complete. As such, in the event this Agreement is terminated as provided for in Sub -section 4.2 hereinabove, the Agreement will be subject to a settle and adjust for the last two years of the term of the Agreement based upon the LECAP for the two (2) subsequent years after termination. for any years that have not yet been reconciled. In the event of termination, the Parties shall follow the process set forth in Section No. 6 to determine the settle and adjust for each of the last two (2) years of the Agreement as well as the process to object to the final adjustment(s) determined for each of the last two (2) years to include dispute resolution as set forth in Subsection 6.4P set forth hereinafter. SECTION NO. 5: SERVICES Page 3of31 5.1 Services Provided and Service Levels. The Sheriff SHERIFF shall provide those Services set forth in Exhibit "1," attached hereto and incorporated herein by this reference. These Services shall only be changed by mutual written agreement of Parties. 5.1.1 Dedicated CITY Officers. CITY may unilaterally, on an annual basis, adjust the number of Dedicated CITY Officers service level FTE's set forth in Category One of Exhibit "34-" only after meaningful prior consultation between the SHERIFF and the CITY. Written notice of such an adjustment to Category One shall be provided by CITY to COUNTY and SHERIFF no later than November 30' with the adjustments to be effective on Januaryl4 of the following year. If COUNTY fails to provide the third quarterly report or changes to the LECAP allocation as set forth in Section 5.2 below, said notice is required to occur 30 days after this information is provided. Any other adjustments in Category One services may occur by mutual agreement as set forth in Section 6.6_ The Police Chief shall have the ability to move Dedicated CITY Officers to different service units on a temporary basis, not to exceed 90 days, to meet current workload demands, with notification to the City Manager. Moves that exceed 90 days must be approved by the City Manager and be accompanied by a demonstrated need. CITY patrol staffing shall be maintained at a level that allows for a minimum of one patrol officer per patrol district per shift. CITY and SHERIFF, by mutual agrccmcnt may also adjust the level of service FTE's set forth in Catcgory Two of Exhibit "1." Such Agreement shall be executed no later than November 30th preceding the contract year. 5.1.2 Shared Services. SHERIFF shall provide shared Services listed in Exhibit "1" to CITY. SHERIFF shall ensure that shared service units work with the Police Chief and Precinct Commander to provide case updates, information, and data as requested. SHERIFF shall have the ability to make permanent adjustments to the number of commissioned officers providing Services listed under shared units in Exhibit "4" after 30 days advanced notice is provided to the CITY and accompanied with a cost impact estimate and service level impact estimate. The SHERIFF's ability to temporarily shift shared personnel to meet emerging needs shall not be limited. Any adjustments in Sservices under this section shall only be operative after relevant notice and impact bargaining negotiations for reductions in force are satisfied with the relevant cCollective bBargaining uUnits but in no event shall the delay in implementation exceed 60 days after the SHERIFF has satisfied his good faith bargaining obligations pursuant to chapter 41.46 RCW for reductions. Additions will be filled in 60 days unless staffing shortages delay implementation, Page 4 of 31 in which case, SHERIFF shall provide to CITY an estimated time to fill new positions added by CITY, and will continue to provide quarterly updates until the positions are filled. Any permanent adjustments that take place under this section after the original cost estimate has been prepared shall result in the COUNTY recalculating the annual cost estimate and then adjusting the remaining monthly payments unless otherwise mutually agreed upon by the SHERIFF and City Manager. Notwithstanding the above, SHERIFF'S ability to fulfill his statutory obligation to provide law enforcement Services to COUNTY and CITY shall not be limited. 5.2 Periodic Reporting Requirements. SHERIFF shall provide to CITY quarterly reports, within 30 days from the end of each quarter, that identify statistics used to calculate CITY'S cost in the LECAP referenced in Section No. 6 below. Those statistics which are only available to COUNTY on an annual basis shall be provided annually within 30 days of the end of each calendar year- unless the statistics are provided by an outside agency, in which case they shall be provided within 15 days after they are provided to COUNTYby CITY. These reports will allow CITY to monitor service consumption and cost accrual throughout the year. 5.2.1 Performance Measures and Workload Indicators. Available data for the indicators and measures listed in Exhibit "2" shall be provided by SHERIFF to CITY on a quarterly basis, unless otherwise mutually agreed upon by SHERIFF and the City Manager. The indicators and measures shall be modified jointly by the City Manager and SHERIFF as needed to provide the most accurate assessment of the Services provided to CITY. Goals for each performance measure shall be established by the City Manager and the Police Chief. SHERIFF and CITY shall work together jointly to provide the necessary support and resources to achieve established goals. Failure to meet established goals on a quarterly basis shall result in progress reports provided by the Police Chief to the City Manager. The reports shall indicate the causes of the deficiencies and provide responsive action taken or recommendations by the Police Chief to correct the deficiencies as well as progress made toward achieving the goals. The progress reports shall continue until the deficiency has been corrected. COUNTY will provide to CITY, any changes in the allocation of law enforcement services set forth in the adopted LECAP as defined in Section 6.3. SECTION NO. 6: COST OF SERVICES Page 5 of 31 6.1 Cost Methodology. CITY costs will be determined by utilizing the LECAP. The LECAP will allocate costs through a combination of direct dedicated CITY officer costs; and shared and indirect costs allocated through mutually agreed upon allocation bases. Salary and Benefits for Dedicated CITY Officers will be segregated into separate budget units and costs will be tracked separately. The allocation bases will be reviewed by the COUNTY and CITY as needed. Any changes to the allocation bases will be made by staff of the CITY and COUNTY and mutually agreed upon by the SHERIFF, COUNTY CEO, and the City Manager. Indirect costs will be applied from the Countywide Cost Allocation Plan, the COCAP. The COCAP will be prepared in accordance with OMB U.S. Office of Management and Budget Circular 2 CFR 200. The CITY shall not be charged for costs unrelated to the provision of law enforcement Services in the current year, including but not limited to, costs for tax assessor and treasurer tax collections. CITY shall receive a credit for COCAP building charges and associated maintenance and utility costs, in recognition of CITY -owned facilities (precinct/garage). CITY shall also receive a credit for Services paid through other revenue sources and Services that have been pre -paid by CITY. 6.24 B-asisEstimated Costs. The LECAP will be used to estimate CITY cost for Services for a contract year based upon the contract year's budget. Estimated indirect costs will be calculated by applying an indirect rate derived from actual indirect costs from the most recently completed year.. Cost for services shall be based upon the Law Enforcement Cost Allocation Plan (LECAP) as previously identified and incorporated herein. CITY shall have 4530 days to review the estimated costs and ask questions. Should the estimate not be provided or not be finalized by the time the invoices for a new contract year are due, CITY will continue to pay at the previous year's monthly rate until the estimate is finalized. If the CITY has paid one or more months at the previous year's rates, the COUNTY will calculate the difference between the previous year's rates and the current year's monthly estimate for those months and add the difference to the first monthly payment at the current year's estimate. COUNTY shall notify CITY of any budget amendments expected to increase CITY's law enforcement costs by more than $200,000. 6.3 Settle and Adjust. The LECAP will be used to calculate the actual CITY cost for the contract year based upon the contract year's actual expenses. After calculating the CITY's actual costs for a contract year, any overage or underage from the estimated billed amount will be applied to the next invoice. Should the contract no longer be in effect, payment by either Party will be due within 30 days of agreement of the final amount. Page 6 of 31 COUNTY shall provide CITY with the actual cost calculations for the contract year in writing via the LECAP no later than September 30th of any calendar year for the preceding year's costs. CITY will have thirty (30) calendar days from its receipt of the LECAP to provide COUNTY with any written objections to the amounts set forth therein. COUNTY agrees to consider all written objections received from CITY and reply to CITY no later than fifteen (15) calendar days of receipt of CITY'S objections. In the event the Parties cannot mutually resolve any written objections(s) submitted by CITY within an additional fifteen (15) calendar day time frame, or such other time frame as the Parties may mutually agree to, the objections shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 18. 6.2 Methodology. Costs for Services will be calculated utilizing the Cost Calculation Model (CCM) as shown in Exhibit "2" which is attached hereto and incorporated herein by reference. 6.23 COCAP and LECAP. Once the Countywide Cost Allocation Plan ("COCAPD and is LECAP are finalized, no changes will be made to any department cost or allocation basis until the following year other than as indicated in the MID YEAR FULL TIME EQUIVALENT FTE ADJUSTMENTS defined in sub section 6.6. Each year, departments within the Sheriff's Office will be reviewed to determine if the costs are being appropriately allocated. Eachyear. Each allocation basis will be reviewed to determine if it is the best basis for allocating the costs. CITY shall be notified immediately of aAny material changes in allocating department costs,Jthat would likely require a COUNTY budget amendment). orCITY shall be notified of changes in allocation basis prior to it being applied, accompanied with the reason for the changewill be provided to _CITY with explanations for any deviation from the initial plan no later than the end of the third quarter. Both Tthe COCAP and the LECAP will be prepared in accordance with OMB U.S. Office of Management and Budget Circular A 87. The LECAP referenced herein shall not contain COUNTY costs as set forth in Category Four of Exhibit "1" and further tThe COCAP shall not contain regional costs that are COUNTY responsibility or costs unrelated to providing law enforcement services, including but not limited to, costs for tax assessor and treasurer tax collections. CITY shall receive a credit for COCAP building charges and associated maintenance and utility costs, in recognition of CITY owned facilities (precinct/garage). The COCAP and the LECAP will be completed by September 30th of each year for determining the actual costs for the prior year. For example, the actual cost for the calendar year 200179 would be completed by September 30, 20180. 6.4 CCM. Costs for Services shall be calculated utilizing the LECAP. The LECAP will be based on actual costs. Page 7 of 31 The model based on thc LECAP costs from two ycars prior will cstimatc costs for thc current agreement year. The Per Commissioned Officer Rate as well as the dollar amount for Other Allocations for the contract year will be multiplied by (1) any cost of living or for the calendar year immediately following the LECAP year; and by (2) a 1.25% multiplier for the calendar year immediately following the LECAP year; and by (3) any cost of living or wage change(s) granted commissioned deputies under any collective bargaining agreement for the calendar year two years subsequent to the LECAP year; and by (4) a 1.25% multiplier for the calendar year two years subsequent to the LECAP year. After generating the Per Commissioned Officer rate for the interlocal agreement year using the Commissioned Officer Worksheet (Exhibit "1"), the number of Category One and Cate_o Ttwo officers will be updated to reflect current year staffing levels. The total contract costs then will be automatically calculated. This model can also be used for any MID YEAR FULL TIME EQUIVALENT (FTE) ADJUSTMENTS. The CCM shall be provided by COUNTY to CITY by September 30th for the following year. 6.45 Retro-aActive Salary Adjustments. The Police Chief will inform the CITY of the commencement and settlement of applicable collective bargaining agreements, as well as inform CITY of the status of any pending negotiations as to tentative agreements. Should any applicable bargaining agreement not be settled in time to include any salary adjustments granted commissioned deputies under any collective bargaining agreement in the contract calculation modelcost estimate for a given year, and that collective bargaining agreement is settled during that year, and the settlement contains a retroactive salary adjustment, COUNTY will bill CITY for the full amount of CITY'S portion of the retroactive payment. CITY will be responsible for paying COUNTY within thirty (30) days of the billing date. Additionally, COUNTY will—may recalculate the estimated Interlocal Agreement amount employing the cost of living or wage increase(s) granted commissioned deputies under any collective bargaining agreement and adjust the remaining monthly payments. 6.6 Mid Year Full Time Equivalent (FTE) Adjustments. In the event the Parties negotiate a change in full time positions, mid year, such change, for purposes of calculating costs under the LECAP, can occur only once during any interlocal agreement year and in any event no later than August 30th of such year. Additionally, COUNTY will recalculate the estimated interlocal agreement amount and adjust the remaining monthly payments. Any reduction would become operative only after the relevant notice and impact bargaining obligations for reductions in force are satisfied with the effected Collective Bargaining unit but in no event shall the delay in implementation exceed 60 s. 6.47 Settle and Adjust. The LECAP will be used to reconcile the actual agreement cost for the year for which it is calculated to the estimated amount the CITY paid the COUNTY during that same year as set forth in Section 6.69. After completing the Cost Calculation Model calculating the CITY's actual costs for the current agreementa particular year, any Page 8 of 31 overage or underage from the settle and adjust will be applied to the total amountnext invoice. This combined figure will follow the billing procedure. Should the contract no longer be in effect, payment by either party will be due within 30 days of agreement of the final amount. COUNTY shall provide CITY with its final adjustmentsettle and adjust calculation in writing no later than September 30th of any calendar year for the .recedin. ear's costs. The adjustment will include a copy of the full LECAP any supporting financial reports. CITY will have thirty (30) calendar days from its receipt of the written adjustment to provide COUNTY with any written objections to the amounts set forth therein. COUNTY agrees to consider all written objections received from CITY and reply to CITY no later than fifteen (15) calendar days of receipt of CITY'S objections. In the event that the Parties cannot mutually resolve any written objections(s) submitted by CITY within an additional fifteen (15) calendar day time frame, or such other time frame as the Parties may mutually agree to, the objections shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 18. 6.58 Capital Purchases. Capital items equipment deemed necessary for all commissioned officers, excluding vehicles, with a cost greater than COUNTY capital threshold (currently $2,000) and less than $10,000, as well as capital items with a cost equal to or greater than $50,000, will—may be billed to CITY at the time of purchase contingent upon prior CITY authorization. CITY will be billed according to its proportionate share.to CITY'S current usage percentage of the items COUNTY will bill CITY for this cost at the time of the purchase and payment will be due within 30 days of the billing date. After As part of the LECAP settle and adjust reconciliationis completed for the year of the purchase(s), COUNTY will give CITY credit for the full amount paid for capital equipment in that year. The Parties may also jointly agree to apply this language to capital purchases of any amount on a case-by-case basis. All capital items purchased by COUNTY will become the property of COUNTY. All items purchased by CITY will become the property of CITY. Capital items that have been purchased with grant funds by either CITY or COUNTY, or other funding sources, and —capital items that are not utilized in providing law enforcement &services to CITY, will not be charged to CITY. All capital items that are utilized in providing law enforcement Sservices to CITY, and which are not immediately billed to CITY according to the terms stated in this section, and that were not purchased with other funding sources, will be incorporated as fixed assets in the (COCAP) and reimbursed through depreciation. The COCAP is a cost within the LECAP. County shall consult with CITY prior to committing to capital purchases that exceed $200,000. Typical recurring expenses such as vehicles are exempt from this requirement. 6.69 Billing Procedure. COUNTY will bill CITY for one -twelfth of COUNTY'S calculated estimated contract amount as determined in contract calculation model during the Page 9 of 31 first week of theeach month. Regular monthly payments by CITY will be due by the end of the month in which they are billed. Should the bill be received at a later date, the City shall have 21 days to process the payment. 6.710 Penalty. At the sole option of COUNTY, a penalty may be assessed on any late payment of the monthly calculated contract amount owed by CITY in an amount equal to lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. Any resolution of a disputed amount through use of the arbitration process identified in Section No._18 shall include at the request of any Party, a determination of whether interest is appropriate, including the amount. SECTION NO. 7: MUNICIPAL POLICE AUTHORITY CITY shall retain all police powers and, by virtue of this Agreement CITY confers municipal police authority on the SHERIFF. Page 10 of 31 SECTION NO. 8: OFFICER ASSIGNMENT, RETENTION, DISCIPLINE AND HIRING COUNTY is acting hereunder as an independent contractor as to: 8.1 Hiring. The SHERIFF shall hire, assign, retain and discipline all employees/deputies according to the applicable collective bargaining agreements, civil service rules, and state and federal laws. 8.2 Standards of Performance Governed by the SHERIFF. Control of personnel, standards of performance, discipline and all other aspects of performance shall be governed by the SHERIFF. Provided, however that only qualified, trained personnel meeting all of the requirements of applicable state laws or regulations shall be utilized in the performance of Services. 8.3 Assignment of HeesDedicated CITY Officers. SHERIFF shall use, whenever possible, deputies who volunteer for duty within CITY. In those instances where there are an insufficient number of deputies who volunteer for duty within CITY, then SHERIFF shall determine who shall be assigned for duty. SHERIFF or his designee and Police Chief shall work together to determine the personnel assigned to fill Dedicated CITY Officer positions. SHERIFF and CITY will work together to encourage deputy Dedicated City Officer retention and fill open positions to provide continuity of Sservices. SHERIFF -or his designee and the City Manager shall discuss anticipated openings due to retirements and transfers to other agencies and jointly determine how to best prepare to fill those vacancies. 8.4 Patrol Districts. CITY'S Police Chief will establish patrol districts within CITY in order to assure accurate collection of data related to criminal traffic activityPatrol districts for the CITY are established in Exhibit "56". The patrol districts will coincide within CITY limits_ as closely as possible without compromising efficient use of reactive patrol deputies. A patrol district is a geographical area of a size and configuration designed to minimize response times to citizen's calls for Sservices. Response is typically measured from the time a call is received to the time the unit arrives on the scene. If the boundary of the CITY limits change, the SHERIFF will work together with the City Manager and the Police Chief to determine if a change to the number of patrol districts is necessary. The Police Chief will also periodically evaluate the calls for Service and other impacts to response times and make recommendations to the City Manager, if necessary, regarding changes to patrol districts. All changes to the number of patrol districts in CITY shall be authorized by the Council and SHERIFF. 8.5 Dedicated Patrol UnitsCITY Units and Officers, Mutual Aid. SHERIFF recognizes that the is providing sworn police Sservices dedicated to CITY. In so doing, the law enforcement services shall be dedicated to CITYDedicated CITY Service units, established in Exhibit "1", and the Dedicated CITY Officers, established in Exhibit "3", shall work under the supervision of the Police Chief and be located at the CITY Precinct Page 11 of 31 Building and shall not be used elsewhere within COUNTY. Provided however, in the event of an emergency or a call by a deputy for assistance, mutual aid may be rendered. CITY dedicated officers shall be provided in the number of officers shown in Exhibit "3". Service units identified as "Shared Resources" in Exhibit "4" shall be shared between the CITY and COUNTY and costs shall be allocated according to bases mutually agreed upon by staff. 8.5.1 Mutual Aid. Dedicated CITY Officers shall provide mutual aid to other local law enforcement agencies, when possible, for emergency requests. Additionally, Dedicated CITY Officers and COUNTY Officers shall continue to assist each other and work together, sharing information and resources when mutually beneficial. Dedicated CITY Officers may be assigned to regional task force units and directed by the Police Chief to assist with investigations outside of the CITY limits for cases that have a regional impact and benefit the CITY as well as other local jurisdictions. This section does not diminish the SHERIFF's State Constitutional and statutory law enforcement powers pursuant to chapter 36.28 RCW, nor his ultimate authority over all SHERIFF's Office employees. SECTION NO. 9: CITY POLICE CHIEF AND PRECINCT COMMANDER SELECTION, REMOVAL AND DUTIES, AS WELL AS CITY MANAGER'S AND SHERIFF's RESPONSIBILITIES THERETO: 9.1 Selection of Police Chief or Precinct Commander. When, for any reason, there occurs a vacancy in the position of Police Chief or Precinct Commander, the SHERIFF shall designate three or more SHERIFF Deputies of the rank of Lieutenant or higher, or as otherwise agreed by the parties, as candidates for each of the positions of CITY Police Chief or Precinct Commander. The positions of Police Chief or Precinct Commander shall be appointed from said lists of qualified candidates by the City Manager. 9.2 Removal of Police Chief or Precinct Commander. 9.2.1 Removal by SHERIFF. The SHERIFF may remove the Police Chief or Precinct Commander at any time after consultation with the City Manager. 9.2.2 Removal fly City Manager. The SHERIFF shall remove the Police Chief or Precinct Commander at any time after the written request and consultation of the City Manager. 9.2.3 Reduction of Precinct Commander's Rank Due to Economic Conditions. A reduction in SHERIFFheriff's Office Civil Service Rank due to economic necessity shall not be the sole basis for the removal of the appointed Precinct Commander by either the City Manager or the SHERIFF. Page 12 of 31 9.3 Duties of Police Chief. The Police Chief shall report to the City Manager or his/her designee and to the existing command structure within SHERIFF's OfficeFFICE. The duties of the Police Chief shall include: 9.3.1 Working with the City Manager or his/her designee to establish goals, objectives and performance measures for CITY police Services which reflect specific needs within CITY; 9.3.2 Coordinating police activities within CITY, including hours of operation and CITY -specific protocols and procedures, attending meetings and providing reports as requested by the City Manager and such other duties common to a cGity pPolice cGhief including enforcement of CITY codes and ordinances; 9.3.3 Reviewing the performance of deputies all Dedicated CITY Officersassigned to CITY. Reporting to CityITY Manager or his/her designee and SHERIFF any serious recommendations for performance improvement; 9.3.4 Identify duties of deputies all Dedicated CITY Officersassigned to CITY _as specific needs arise or as requested by the City Manager or his/her designee within the context of established policies and procedures. Reporting to SHERIFF any changes in duty of Dedicated CITY Officersassigned deputies; 9.3.5 Overseeing implementation within CITY of all SHERIFF policies and procedures. Maintaining a copy of SHERIFF procedures on file at City Hall for CITY'S reference. SHERIFF shall be notified of any public disclosure record requests to view or obtain a copy of the policies and procedures on file; - 9.3.6 Notifying and providing electronic access to the City Manager or his/her designee of any change in SHERIFF procedures or policies, or resource as permitted by this Aagreement; 9.3.7 Identifying areas of supplemental training for deputies assigned to CITYDedicated CITY Officers. Making recommendations to SHERIFF for supplemental training. Making recommendations to the City Manager or his/her designee for training not provided by SHERIFF; 9.3.8 Providing supervision and direction to the Precinct Commander, Lieutenants and Sergeantsall Dedicated CITY Officers assigned to CITY as well as other assigned personnel, and acting as liaison with SHERIFF Command Staff; 9.3.9 Maintaining communication between the City Manager and SHERIFF command structures to ensure that changes in SHERIFF policies are agreeable to Page 13 of 31 CITY and that change in CITY policies are agreeable to SHERIFF. In the event a CITY procedure, policy, goal or operation differs from the SHERIFF'sS, CiITY Manager or his/her designee, SHERIFF and COUNTY shall meet and mutually determine which policy will prevail; 9.3.10 Notifying the City Manager or his/her designee of any significant criminal occurrence or civil emergency within CITY or rRegion that would impact the public safety or operations of CITY, and, 9.3.11 Coordinating with City Manager regarding maintenance and capital improvement needs of the CITY Precinct Building. 9.4 Duties of the Precinct Commander. The Precinct Commander shall act as Police Chief in his/her absence and under the Police Chief as CITY Police Department's primary administrative assistant, and also work with CITY staff to provide data as requested and complete information required for CITY planning documents. 9.5 Duties of the City Manager. The City Manager or his/her designee shall have the responsibility of providing general direction and supervision to the assigned Police Chief relative to the furnishing of law enforcement Sservices to CITY as set forth in chapter 35A.13 RCW and the terms of this Agreement. 9.6 Duties of the SHERIFF. The SHERIFF or his designee shall make regular visits to the CITY Precinct Building and ensure that SHERIFF policies and procedures are being followed and that law enforcement Service is provided to CITY according to the terms of this Agreement and according to the standards of the SHERIFF. At the request of the City Manager, SHERIFF will make presentations to the Council and appearances at CITY functions as his schedule permits. 9.76 Quarterly Meetings - Sheriff and City Manager. The SHERIFF and the City Manager shall meet on a quarterly basis to ensure regular communication and to seek joint consideration of all matters of concern regarding thise law enforcement Agreement. Either party may invite representatives from their respective organizations to attend. It is intended that the Parties in these meetings review the Interlocal Agreement and discuss matters of mutual interest; monitor cost trends, work jointly on potential cost savings, revenue sources and other budgetary matters that may impact Service levels; seek long- term sustainability of contract terms; consider changes in labor contracts, review allocation of resources or other potential cost changes and changes to the cost allocation plan items that may impact either party. The dates of these meetings will be determined by mutual agreement but should coincide with the budget cycles of each party. 9.87 Quarterly Mmeeting — Financial and Contract Administration Representatives. At the request of Rrepresentatives for CITY,. and COUNTY, or SHERIFF, representatives shall meet_quarterly to discuss potential cost changes and changes to the Page 14 of 31 COCAP, the LECAP or the CCM.or other items that may impact the CITY's law enforcement costs or Service levels. If possible, CITY shall be notified of such changes prior to implementation, allowing CITY an opportunity to comment. SECTION NO. 10: OBSERVATION OF LABOR NEGOTIATIONS CITY may participate with other cities that contract with COUNTY for law enforcement Sservices to select no more than two (2) representatives from the contracting cities to observe labor negotiations between COUNTY, SHERIFF and the collective bBargaining units representing the employees of the SHERIFF, provided that such observers adhere to rules established by COUNTY, the SHERIFF and the bargaining units for the negotiations. SECTION NO. 11: PROPERTY, EQUIPMENT AND TRAINING 11.1 Ownership of Property and Equipment. The ownership of all property and equipment utilized in association with either SHERIFF or CITY meeting their responsibilities under the terms of this Agreement, shall remain with the original owner at all times to include termination, unless otherwise specifically and mutually agreed upon in writing by the Parties to this Agreement. 11.2 Stationery, Notices and Forms. CITY shall supply at its own cost and expense any special supplies, logos or patches, stationery, notices, forms where such must be issued in the name of CITY. 11.3 Additional Technology. CITY desires to maintain a police force that is trained and equipped with the latest technology. SHERIFF agrees to provide police service personnel providing S&ervices under this Aagreement that are trained and equipped with such technology as is customarily provided to deputies providing law enforcement services in the unincorporated areas of Spokane the County. Any technology not currently in use or not customarily provided to patrol deputies, may be requested by CITY or SHERIFF. Parties agree to meet and confer over the need for the acquisition, training, or use of new technology with the final decision regarding the acquisition and use of new technology resting solely with the SHERIFF so long as CITY and COUNTY have the necessary financial resources to acquire such technology and train deputies Dedicated CITY Officers in its use. Such costs shall be incorporated into the LECAPborn solely by the CITY. 11.4 Additional Training. CITY has indicated that it may desire to have the deputies Dedicated CITY Officers providing Services to CITY under the terms of this Agreement attend additional or supplemental training. The SHERIFF agrees not to unreasonably withhold approval of any written request(s) by CITY for deputies Dedicated CITY Officers providing Services under the terms of this Agreement to attend additional or supplemental training. The SHERIFF may also require staff Dedicated CITY Officers assigned to provide Services to CITY under the terms of this Agreement to participate in Page 15 of 31 necessary state and federal training and conferences that focus on the prevention of crime and the protection of CITY'S citizens. The costs of any additional or supplemental training requested by CITY under this section and approved by the SHERIFF, or determined necessary by the SHERIFF shall be born solely by CITY. 11.5 Police Department Building, Maintenance, and Janitorial. CITY will provide offices, to include sufficient parking, for the City of Spokane Valley Police Department located at 12710 E. Sprague Avenue, City of Spokane Valley, 99216 or at such other location mutually agreed to between the CITY and SHERIFF. CITY shall provide all operation, maintenance and janitorial services for said offices. Page 16 of 31 SECTION NO. 12: COMMUNITY IDENTITY 12.1 Patrol Vehicles. Patrol, Traffic, School Resource Officer, and Community Service vehicles that are assigned to CITY may shall display the color, identification and other logo of CITY at CITY'sg sole expense. Additionally, the vehicles will indicate that they are SHERIFF vehicles. SHERIFF and CITY will determine the form of identification jointly. Detective and Supervisor vehicles may be left unmarked. 12.2 Uniform. SHERIFF maintains a uniform directed by state law. It is a uniform that carries a great deal of pride. CITY recognizes that the assigned personnel will retain the uniform of the Spokane County Sheriff's Office; however, SHERIFF agrees that assigned personnel may shall wear additional identification in the nature of a pin, patcha patch, uniform items, or other like identification clearly indicating affiliation with CITY on uniforms, jackets, and jumpsuits. Jumpsuits shall include the word "Police" in large type on the back. The nature and design of any additional identification will be determined jointly by SHERIFF and CITY and provided to SHERIFF by CITY at CITY'sg sole expense. SECTION NO. 13: RECORDS All records prepared, owned, used or retained by COUNTY or SHERIFF in conjunction with providing Services under the terms of this Agreement shall be deemed COUNTY property and shall be made available to CITY upon request by the City Manager subject to the records retention schedule set forth by the Washington State Secretary of State, the attorney client and attorney work product privileges set forth in statute, court rule or case law. The Parties agree to cooperate in complying with the provisions of c€hapter 42.56 RCW. Should the Agreement terminate, the Parties will meet, and discuss the nature and extent of records required to be transferred to the successor agency. The COUNTY agrees to effect the transfer no later than the last day of the contract. The cost of any transfers of records to the control of the CITY under this provision shall be assumed solely by the CITY. SECTION NO. 14: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uuncontrollable Ceircumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Sservices in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the SHERIFF, which render legally impossible the performance by the SHERIFF of its obligations under this Agreement, shall be deemed not a default under this Agreement. Page 17 of 31 SECTION NO. 15: RELATIONSHIP OF THE PARTIES For the purpose of this section, the terminology "COUNTY' shall also include SHERIFF. The Parties intend that an independent contractor relationship will be created by this Agreement. COUNTY shall be an independent contractor and not the agent or employee of CITY, that CITY is interested only in the results to be achieved and that the right to control the particular manner, method and means in which the Services are performed is solely within the discretion of the SHERIFF. Any and all employees who provide Sservices to CITY under this Agreement shall be deemed employees solely of the SHERIFF. The SHERIFF shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of the SHERIFF or COUNTY for any purpose. SECTION NO. 16: LIABILITY For the purpose of this sSection, the terminology "COUNTY" shall also include the "PROSECUTING ATTORNEY." (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, relating to or arising out of performing Sservices pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. Page 18 of 31 (d) Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other Party's officer or employee's negligence. (e) Each Parry's duty to indemnify shall survive the termination or expiration of thise Agreement. (0 The foregoing indemnity is specifically intended to constitute a waiver of each Parry's immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. (g) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including professional liability and auto. SECTION NO. 17: INITIATIVES AND LOCAL BUDGET REDUCTIONS The Parties recognize that revenue -reducing initiative(s) passed by the voters of Washington and/or local revenue reductions (i.e. loss of sales tax) and/or local government mandates may substantially reduce local operating revenue for CITY, COUNTY or both Parties. The Parties agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of State-wide revenue -reducing initiative(s) and/or local revenue reductions and/or local government mandates. If such an event occurs, the Parties agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO. 18: DISPUTE RESOLUTION Any dispute regarding the interpretation of, failure to perform, or the costs for Sservices assessed under the terms of this aAgreement between the SHERIFF, COUNTY or CITY shall first be reduced to writing and considered by the COUNTY CEO ("Chief Executive Officer") and the City Manager if it is a monetary dispute. If it is a non -monetary dispute, it shall be reduced to writing and considered by the SHERIFF and City Manager. The City Manager and the COUNTY CEO or SHERIFF shall agree to develop a corrective action plan to address any dispute covered in this section. The action plan shall be completed within 30 days of agreement to develop the action plan unless the Parties agree to extend this timeline. The action plan shall be implemented by the SHERIFF within 30 days of completion of the action plan. If the SHERIFF or CEO fails to complete or implement an action plan, discontinues the action plan without agreement by the City Manager, or the Paye 19 of 31 dispute otherwise remains unresolved, the dispute may be submitted to arbitration by any Party.which cannot be resolved between the respective parties shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by the COUNTY CEO ("Chief Executive Officer") and the City Manager if it is a monetary dispute. If it is a non monetary dispute, it shall be reduced to writing and considered by the SHERIFF and City Manager. If the COUNTY CEO or SHERIFF respectively and the City Manager cannot resolve the dispute it will be submitted to arbitration. COUNTY or SHERIFF, respectively, and CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the Parties and shall be subject to judicial review as provided for in chapter 7.04A RCW. The costs of the arbitration panel shall be equally split between the respective Parties. SECTION NO. 19: ASSIGNMENT No party may assign in whole or part its interest in this Agreement without the written approval of the other Parties. Nothing in this section shall prohibit COUNTY or SHERIFF from contracting with third parties for Sservices provided for in this Agreement. SECTION NO. 20: NOTICES All notices called for or provided for in this Agreement shall be in writing and must be served on any of the Parties either personally or by certified mail, return -receipt requested, sent to the Parties at their respective addresses herein above given. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. SECTION NO. 21: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each Party that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 22: COMPLIANCE WITH LAWS The Parties shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 23: DISCLAIMER Page 20 of 31 Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party's authority or powers under law. Page 21 of 31 SECTION NO. 24: HEADINGS The Section and subsection headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 25: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties. Parties have read and understand the whole of the above Agreement and now state that no representations, promises or agreements not expressed in this Agreement have been made to induce either to execute the same. SECTION NO. 26: COUNTERPARTS This Agreement may be executed in any number of multiple signed originals, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 27: AGREEMENT TO BE FILED COUNTY shall file this Agreement with such offices or agencies as required by chapter 39.34 RCW. SECTION NO. 28: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case any Party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other respective Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. SECTION NO. 29: CHAPTER 39.34 RCW REQUIRED CLAUSES A. Purpose. See Section No. 3 above. B. Agreement to be Filed. See Section No. 27 above. C. Duration. See Section No. 4 above. D. Termination. See Section No. 4 above. Page 22 31 E. Organization of Separate Entity and Its Powers. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. F. Responsibilities of the Parties. See applicable sSections within Agreement. G. Property upon Termination. See Section Nos. 4.4 and 11 above. SECTION NO. 30: SEVERABILITY The Parties agree that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 31: THIRD PARTY BENEFICIARIES. This Agreement is intended for the benefit of COUNTY, CITY and SHERIFF and not for the benefit of any third parties. SECTION NO. 32. SURVIVAL Without being exclusive, Section Nos. 16, 20, and 21 of this Agreement shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other sgections of this Agreement which, by their sense and context, are intended to survive shall also survive. SECTION NO. 33. MEDIA RELEASES AND CONTACT Media releases concerning law enforcement activities covered under this Agreement will be prepared by the SHERIFF'S Public Information Officer. Any such release of information to the media that is deemed to be sensitive or likely to cause concern or alarm shall be provided to the City Manager before its release. CITY shall not issue any media releases regarding law enforcement activities covered under this Agreement without prior approval of the SHERIFF unless otherwise agreed by the Parties. SHERIFF will endeavor to have the Police Chief or designee interact with the media when appropriate. SHERIFF's ability to interact with the media on CITY's behalf shall not be limited by this section. Page 23 of 31 SECTION NO. 34: MODIFICATION This Agreement may only be modified in writing by the mutual written agreement of the Parties. (This space intentionally left blank.) 24 31 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE- COUNTY, WASHINGTON AL FRENCHMARK RICHARD, Chair ATTEST: CLERK OF THE BOARD BY: JOSH KERNSBONNIE MAGER, Vice -Chair GINNA VASQUEZDANIELA ERICKSON Commissioner SHELLY O'QUINNTODD MIELKE, ********** DATED: SPOKANE COUNTY SHERIFF: OZZIE KNEZOVICH ********** DATED: CITY OF SPOKANE VALLEY: MIKE JACKSONMARK CALHOUN, Interim City Manager Attest: CHRISTINE BAINBRIDGE City Clerk Approved as to form only: Office of the City Attorney Page 25 of 31 Exhibit 1— Services Provided to CITY by SHERIFF CITY Dedicated Service Units CITY Police Department Administration (Chief, Commander, Sergeant) Patrol Traffic Community Services Domestic Violence School Resource Officers K-9 Major Crimes and Sex Crimes Investigationsneed to discuss concerns about assigning investigators from this unit as "Dedicated Officers" Property and Drug Crimes Investigations Shared Service Units Major Crimes Sex Crimes Investigative Task Force Joint Terrorism Task Force Safe Streets (Drug Task Force and Gang Enforcement) Marinc/Scarch & RescueEmergency Operations Team SHERIFF Command Staff Public Information Officer Training/Professional Standards SCOPE/SIRT Radio Dispatch Helicopter Forensics Crime Check Records Management Property Storage Explosive Disposal Communications Crime Analysis Garage Firing Range Fleet SWAT/Hostage Negotiation Extra Duty Employment Reservist and Explorer Units Crime Check Civilian Administrative Support Computer Aided Dispatch/Report Management System Page 26 of 31 Regional Services Civil Marine Patrol SHERIFFheriff Sex Offender Registration Page 27 of 31 Exhibit 2 — Performance Measures and Workload Indicators Workload Indicators Total incidents per Dedicated CITY Patrol Officer per shift Total citizen initiated Calls for Service Total citizen initiated Calls for Service with Dedicated CITY Patrol Officer response Total Dedicated CITY Officer initiated incidents Total Dedicated CITY Officer involved incidents Total incidents requiring written documentation Total property crimes Total crimes against persons Total incidents resulting in custodial arrest Total traffic infractions/citations issued Total traffic infractions/citations from citizen complaints Total reported collisions Total Major Crime investigations initiated Total Sex Crime investigations initiated Total Property/Drug Crime investigations initiated Performance Measures Average patrol staffing per shift Citizen complaints per 1,000 Dedicated CITY Officer incidents Outcome of complaint investigations (% sustained, not sustained, exonerated, unfounded, pending, changed to inquiry) Use of force per 1,000 Dedicated CITY Officer incidents Outcome of use of force incidents (% within policy and not within policy) Average response time for priority 1 calls for Service Percentage of calls for Service with deputy response Percentage of incidents that were deputy initiated Percentage of solvable property crime cases assigned Percentage of assigned cases solved by investigative unit Percentage of assigned cases solved by charges filed by investigative unit Total unassigned cases Cases inactivated due to lack of evidence or leads Collisions per capita Percentage of traffic complaints worked Page 28 of 31 Exhibit 3 - Dedicated CITY Officers Administrative Police Chief/Undersheriff 1 Precinct Commander/Captain 1 Sergeant 1 Patrol Lieutenant 2 Sergeant 9 Deputies 47 K-9 Deputies 3 Traffic Sergeant 1 Detective/Corporal 1 Deputies 5 Community Services Deputy 1 Domestic Violence Detective/Corporal 1 School Resource Officer Deputy 4 Property and Drug Crimes Sergeant 1 Detectives 10 Deputy 1 Total Dedicated Officers 89 29 31 Exhibit 4 Combined Number of Officers in Shared Units Inve stigations Captain 1 Lieutenant 1 DEA Deputy 1 Major Crimes Sergeant Detectives Sex Crimes Sergeant Detectives 1 6 1 6 Investigative Task Force Lieutenant 1 Regional Intelligence Group Detective 1 Joint Terrorism Task Force Detective 1 Safe Streets (Drugs and Gangs) Sergeant 1 Detectives 4 Deputies 1 Emergency Operations Team Deputy 2 Command Staff Undersheriff 1 Public Information Officer Sergeant 1 Training/Professional Standards Lieutenant 1 Sergeant 2 Deputies 2 Total Shared Officers 35 30 s°1.31 Exhibit 5 - CITY Patrol Districts Sackson 9 Liberty iake 1,:'es Spokane Vallee Police Districts 1-6 au,.•�. 31 31 DRAFT INTERLOCAL AGREEMENT 071117 INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES AS PROVIDED BY THE SPOKANE COUNTY SHERIFF'S OFFICE TO THE CITY OF SPOKANE VALLEY THIS AGREEMENT made and entered into among Spokane County, a political subdivision of the state of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY," the Spokane County Sheriff, a separate elected official of Spokane County,. having offices for the transaction of business at 1100 West Mallon Avenue, Spokane, Washington 99260, hereinafter referred to as "SHERIFF" and the City of Spokane Valley, a municipal corporation of the state of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206 (10210 E. Sprague after August 31, 2017), hereinafter referred to as "CITY," jointly hereinafter referred to as the "Parties" and individually referred to as "Party" COUNTY, SHERIFF and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS 1.1 Under RCW 36.32.120(6), the Board of County Commissioners of Spokane County, acting on behalf of Spokane County, has the care of County property and the management of County funds and business. 1.2 Under chapter 39.34 RCW ("Interlocal Cooperation Act"), public agencies may contract with each other to perform certain functions which each may legally perform. 1.3 Under chapter 36.28 RCW, the Spokane County Sheriff is the Chief Law Enforcement Officer and Conservator of the Peace of Spokane County. 1.4 The City of Spokane Valley desires to utilize the services of the Spokane County Sheriff's Office to provide law enforcement services. 1.5 The direct and indirect costs for law enforcement services will be set forth in the Law Enforcement Cost Allocation Plan ("LECAP"), described in Section 6 and incorporated herein by this reference. 1.6 The Parties, in providing these law enforcement services, seek to make the CITY a crime -free city. Page 1 of 26 SECTION NO. 2: DEFINITIONS 2.1 Agreement: "Agreement" means this Interlocal Agreement among Sheriff, City and County regarding the provision of law enforcement services. 2.2 City: "CITY" means the City of Spokane Valley. 2.3 County: "COUNTY" means Spokane County. 2.4 Dedicated CITY Officers: "Dedicated CITY Officers" means those commissioned officers (SHERIFF Deputies) listed in Exhibit "3" that are 100% dedicated to providing service to the CITY and who work under the supervision of the CITY Police Chief. 2.5 Services: "Services" means those services identified in Exhibit 1. 2.6 Sheriff: "SHERIFF" means the duly elected sheriff of Spokane County possessing those general duties set forth in chapter 36.28 RCW. 2.7 Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect providing of such Services. SECTION NO. 3: PURPOSE The purpose of this Agreement is to reduce to writing the Parties' understanding as to the terms and conditions under which SHERIFF will provide Services to CITY. The Services will be consistent with the City's council/manager form of management pursuant to chapter 35A.13 RCW. SECTION NO. 4: DURATION AND TERMINATION 4.1 Initial Term and Renewal. The initial term of this Agreement shall commence as of 12:01 A.M. on the date of execution, and run through midnight, December 31, 2022, for all provisions except for the cost methodology, which shall be implemented beginning on January 1, 2018. Thereafter, this Agreement shall automatically renew for five-year time frames, unless the termination process outlined herein is invoked. The Automatic renewal shall not occur unless the CITY provides notice to the COUNTY that the City Council has authorized the renewal. 4.2 Process for Termination. This Agreement may be terminated by any Party by providing written notice after December 31, 2020 to all other Parties. COUNTY shall consult with SHERIFF prior to providing written notice of termination under this subsection. SHERIFF shall consult with COUNTY prior to providing written notice of Page 2 of 26 termination under this subsection. This termination shall be effective (24) twenty-four months after written notice is provided as long as such written notice is provided prior to midnight December 31, 2022. The same time intervals for terminations shall apply to future terms if the termination process is not invoked during the initial contract period. 4.3 Implementation of Termination. When notice of termination is given, SHERIFF and CITY agree to jointly prepare a Transition Plan and complete by a mutually agreed date. 4.3.1 Transition Plan. The Transition Plan shall identify and address, among other items (i) personnel issues; (ii) workload; (iii) ongoing case assignments; and (iv) the transfer of records. If the SHERIFF and CITY cannot mutually agree to the terms of the Transition Plan, either Party can request arbitration as provided in Section No. 18. SHERIFF and CITY shall equally share the cost of said arbitration. 4.3.2 Implementation of Transition Plan. Parties agree to use all best efforts to create and effectuate a mutual implementation of the Transition Plan. 4.4 Termination of the Agreement -Vehicles and Equipment. At the termination of this Agreement, CITY shall have the option to purchase, subject to agreement of SHERIFF and COUNTY, COUNTY -owned vehicles and/or equipment used to provide Services. 4.5 Waiver of Statutory Terms. To the extent that it is applicable to law enforcement Services, the Parties hereby waive the statutory termination rights of RCW 39.34.180(3) and elect instead to follow these contractual termination procedures as the sole method of terminating this Agreement, the terms of which are detailed in this section. 4.6 Termination of the Agreement and Settle and Adjust. The Parties recognize that Costs for Services under the Agreement are calculated utilizing the LECAP. Charges for the current year are based on estimated costs and are subject to a settle and adjust reconciliation to actual costs after the year is complete. As such, in the event this Agreement is terminated as provided for in Subsection 4.2 hereinabove, the Agreement will be subject to a settle and adjust for any years that have not yet been reconciled. In the event of termination, the Parties shall follow the process set forth in Section No. 6 to determine the settle and adjust as well as the process to object to the final adjustment(s) as set forth in Subsection 6.4 set forth hereinafter. SECTION NO. 5: SERVICES 5.1 Services Provided and Service Levels. The SHERIFF shall provide those Services set forth in Exhibit "1," attached hereto and incorporated herein by this reference. These Services shall only be changed by mutual written agreement of Parties. 5.1.1 Dedicated CITY Officers. CITY may unilaterally adjust the number of Dedicated CITY Officers set forth in Exhibit "3" only after meaningful prior Page 3 of 26 consultation between the SHERIFF and the CITY. Written notice of such an adjustment shall be provided by CITY to COUNTY and SHERIFF. The Police Chief shall have the ability to move Dedicated CITY Officers to different service units on a temporary basis, not to exceed 90 days, to meet current workload demands, with notification to the City Manager. Moves that exceed 90 days must be approved by the City Manager and be accompanied by a demonstrated need. CITY patrol staffing shall be maintained at a level that allows for a minimum of one patrol officer per patrol district per shift. 5.1.2 Shared Services. SHERIFF shall provide shared Services listed in Exhibit "1" to CITY. SHERIFF shall ensure that shared service units work with the Police Chief and Precinct Commander to provide case updates, information, and data as requested. SHERIFF shall have the ability to make permanent adjustments to the number of commissioned officers providing Services listed under shared units in Exhibit "4" after 30 days advanced notice is provided to the CITY and accompanied with a cost impact estimate and service level impact estimate. The SHERIFF's ability to temporarily shift shared personnel to meet emerging needs shall not be limited. Any adjustments in Services under this section shall only be operative after relevant notice and impact bargaining negotiations for reductions in force are satisfied with the relevant collective bargaining units but in no event shall the delay in implementation exceed 60 days after the SHERIFF has satisfied his good faith bargaining obligations pursuant to chapter 41.46 RCW for reductions. Additions will be filled in 60 days unless staffing shortages delay implementation, in which case, SHERIFF shall provide to CITY an estimated time to fill new positions added by CITY, and will continue to provide quarterly updates until the positions are filled. Any permanent adjustments that take place under this section after the original cost estimate has been prepared shall result in the COUNTY recalculating the annual cost estimate and then adjusting the remaining monthly payments unless otherwise mutually agreed upon by the SHERIFF and City Manager. Notwithstanding the above, SHERIFF'S ability to fulfill his statutory obligation to provide law enforcement Services to COUNTY and CITY shall not be limited. 5.2 Periodic Reporting Requirements. SHERIFF shall provide to CITY quarterly reports, within 30 days from the end of each quarter, that identify statistics used to calculate CITY'S cost in the LECAP referenced in Section No. 6 below. Those statistics which are only available to COUNTY on an annual basis shall be provided annually Page 4 of 26 within 30 days of the end of each calendar year unless the statistics are provided by an outside agency, in which case they shall be provided within 15 days after they are provided to COUNTY. These reports will allow CITY to monitor service consumption and cost accrual throughout the year. 5.2.1 Performance Measures and Workload Indicators. Available data for the indicators and measures listed in Exhibit "2" shall be provided by SHERIFF to CITY on a quarterly basis, unless otherwise mutually agreed upon by SHERIFF and the City Manager. The indicators and measures shall be modified jointly by the City Manager and SHERIFF as needed to provide the most accurate assessment of the Services provided to CITY. Goals for each performance measure shall be established by the City Manager and the Police Chief. SHERIFF and CITY shall work together jointly to provide the necessary support and resources to achieve established goals. Failure to meet established goals on a quarterly basis shall result in progress reports provided by the Police Chief to the City Manager. The reports shall indicate the causes of the deficiencies and provide responsive action taken or recommendations by the Police Chief to correct the deficiencies as well as progress made toward achieving the goals. The progress reports shall continue until the deficiency has been corrected. SECTION NO. 6: COST OF SERVICES 6.1 Cost Methodology. CITY costs will be determined by utilizing the LECAP. The LECAP will allocate costs through a combination of direct dedicated CITY officer costs; and shared and indirect costs allocated through mutually agreed upon allocation bases. Salary and Benefits for Dedicated CITY Officers will be segregated into separate budget units and costs will be tracked separately. The allocation bases will be reviewed by the COUNTY and CITY as needed. Any changes to the allocation bases will be made by staff of the CITY and COUNTY and mutually agreed upon by the SHERIFF, COUNTY CEO, and the City Manager. Indirect costs will be applied from the Countywide Cost Allocation Plan, the COCAP. The COCAP will be prepared in accordance with OMB U.S. Office of Management and Budget Circular 2 CFR 200. The CITY shall not be charged for costs unrelated to the provision of law enforcement Services in the current year, including but not limited to, costs for tax assessor and treasurer tax collections. CITY shall receive a credit for COCAP building charges and associated maintenance and utility costs, in recognition of CITY -owned facilities Page 5 of 26 (precinct/garage). CITY shall also receive a credit for Services paid through other revenue sources and Services that have been pre -paid by CITY. 6.2 Estimated Costs. The LECAP will be used to estimate CITY cost for Services for a contract year based upon the contract year's budget. Estimated indirect costs will be calculated by applying an indirect rate derived from actual indirect costs from the most recently completed year. CITY shall have 30 days to review the estimated costs and ask questions. Should the estimate not be provided or not be finalized by the time the invoices for a new contract year are due, CITY will continue to pay at the previous year's monthly rate until the estimate is finalized. If the CITY has paid one or more months at the previous year's rates, the COUNTY will calculate the difference between the previous year's rates and the current year's monthly estimate for those months and add the difference to the first monthly payment at the current year's estimate. COUNTY shall notify CITY of any budget amendments expected to increase CITY's law enforcement costs by more than $200,000. 6.3 Settle and Adjust. The LECAP will be used to calculate the actual CITY cost for the contract year based upon the contract year's actual expenses. After calculating the CITY's actual costs for a contract year, any overage or underage from the estimated billed amount will be applied to the next invoice. Should the contract no longer be in effect, payment by either Party will be due within 30 days of agreement of the final amount. COUNTY shall provide CITY with the actual cost calculations for the contract year in writing via the LECAP no later than September 30th of any calendar year for the preceding year's costs. CITY will have thirty (30) calendar days from its receipt of the LECAP to provide COUNTY with any written objections to the amounts set forth therein. COUNTY agrees to consider all written objections received from CITY and reply to CITY no later than fifteen (15) calendar days of receipt of CITY'S objections. In the event the Parties cannot mutually resolve any written objection(s) submitted by CITY within an additional fifteen (15) calendar day time frame, or such other time frame as the Parties may mutually agree to, the objections shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 18. 6.4 Retroactive Salary Adjustments. The Police Chief will inform the CITY of the commencement and settlement of applicable collective bargaining agreements, as well as inform CITY of the status of any pending negotiations as to tentative agreements. Should any applicable bargaining agreement not be settled in time to include any salary adjustments granted commissioned deputies under any collective bargaining agreement in the cost estimate for a given year, and that collective bargaining agreement is settled, and the settlement contains a retroactive salary adjustment, COUNTY will bill CITY for the full amount of CITY's portion of the retroactive payment. CITY will be responsible for paying COUNTY within thirty (30) days of the billing date. Additionally, COUNTY may recalculate the estimated Interlocal Agreement amount employing the cost of living or wage Page 6 of 26 increase(s) granted commissioned deputies under any collective bargaining agreement and adjust the remaining monthly payments. 6.5 Capital Purchases. Capital equipment deemed necessary for all commissioned officers, excluding vehicles, with a cost greater than $50,000, may be billed to CITY at the time of purchase contingent upon prior CITY authorization. CITY will be billed according to its proportionate share. COUNTY will bill CITY for this cost at the time of the purchase and payment will be due within 30 days of the billing date. As part of the settle and adjust reconciliation, COUNTY will give CITY credit for the full amount paid for capital equipment in that year. The Parties may also jointly agree to apply this language to capital purchases of any amount on a case-by-case basis. All capital items purchased by COUNTY will become the property of COUNTY. All items purchased by CITY will become the property of CITY. Capital items that have been purchased with grant funds by either CITY or COUNTY, or other funding sources, and capital items that are not utilized in providing law enforcement Services to CITY, will not be charged to CITY. All capital items that are utilized in providing law enforcement Services to CITY, and which are not immediately billed to CITY according to the terms stated in this section, and that were not purchased with other funding sources, will be incorporated as fixed assets in the (COCAP) and reimbursed through depreciation. County shall consult with CITY prior to committing to capital purchases that exceed $200,000. Typical recurring expenses such as vehicles are exempt from this requirement. 6.6 Billing Procedure. COUNTY will bill CITY for one -twelfth of calculated estimated contract amount during the first week of each month. Regular monthly payments by CITY will be due by the end of the month in which they are billed. Should the bill be received at a later date, the City shall have 21 days to process the payment. 6.7 Penalty. At the sole option of COUNTY, a penalty may be assessed on any late payment owed by CITY in an amount equal to lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. Any resolution of a disputed amount through use of the arbitration process identified in Section No. 18 shall include at the request of any Party, a determination of whether interest is appropriate, including the amount. SECTION NO. 7: MUNICIPAL POLICE AUTHORITY CITY shall retain all police powers and, by virtue of this Agreement, CITY confers municipal police authority on the SHERIFF. Page 7 of 26 SECTION NO. 8: OFFICER ASSIGNMENT, RETENTION, DISCIPLINE AND HIRING COUNTY is acting hereunder as an independent contractor as to: 8.1 Hiring. The SHERIFF shall hire, assign, retain and discipline all employees according to applicable collective bargaining agreements, civil service rules, and state and federal laws. 8.2 Standards of Performance Governed by the SHERIFF. Control of personnel, standards of performance, discipline and all other aspects of performance shall be governed by the SHERIFF. Provided, however that only qualified, trained personnel meeting all of the requirements of applicable state laws or regulations shall be utilized in the performance of Services. 8.3 Assignment of Dedicated CITY Officers. SHERIFF or his designee and Police Chief shall work together to determine the personnel assigned to fill Dedicated CITY Officer positions. SHERIFF and CITY will work together to encourage Dedicated City Officer retention and fill open positions to provide continuity of Services. SHERIFF or his designee and the City Manager shall discuss anticipated openings due to retirements and transfers to other agencies and jointly determine how to best prepare to fill those vacancies. 8.4 Patrol Districts. Patrol districts for the CITY are established in Exhibit "5". The patrol districts will coincide within CITY limits. A patrol district is a geographical area of a size and configuration designed to minimize response times to citizen's calls for Services. Response is typically measured from the time a call is received to the time the unit arrives on the scene. If the boundary of the CITY limits change, the SHERIFF will work together with the City Manager and the Police Chief to determine if a change to the number of patrol districts is necessary. The Police Chief will also periodically evaluate the calls for Service and other impacts to response times and make recommendations to the City Manager, if necessary, regarding changes to patrol districts. All changes to the number of patrol districts in CITY shall be authorized by the Council and SHERIFF. 8.5 Dedicated CITY Units and Officers, Mutual Aid. SHERIFF recognizes that he is providing sworn police Services dedicated to CITY. Dedicated CITY Service units, established in Exhibit "1", and the Dedicated CITY Officers, established in Exhibit "3", shall work under the supervision of the Police Chief and be located at the CITY Precinct Building. CITY dedicated officers shall be provided in the number of officers shown in Exhibit "3". Service units identified as "Shared Resources" in Exhibit "4" shall be shared between the CITY and COUNTY and costs shall be allocated according to bases mutually agreed upon by staff. 8.5.1 Mutual Aid. Dedicated CITY Officers shall provide mutual aid to other local law enforcement agencies, when possible, for emergency requests. Page 8 of 26 Additionally, Dedicated CITY Officers and COUNTY Officers shall continue to assist each other and work together, sharing information and resources when mutually beneficial. Dedicated CITY Officers may be assigned to regional task force units and directed by the Police Chief to assist with investigations outside of the CITY limits for cases that have a regional impact and benefit the CITY as well as other local jurisdictions. This section does not diminish the SHERIFF's State Constitutional and statutory law enforcement powers pursuant to chapter 36.28 RCW, nor his ultimate authority over all SHERIFF's Office employees. SECTION NO. 9: CITY POLICE CHIEF AND PRECINCT COMMANDER SELECTION, REMOVAL AND DUTIES, AS WELL AS CITY MANAGER'S AND SHERIFF's RESPONSIBILITIES THERETO 9.1 Selection of Police Chief or Precinct Commander. When, for any reason, there occurs a vacancy in the position of Police Chief or Precinct Commander, the SHERIFF shall designate three or more SHERIFF Deputies of the rank of Lieutenant or higher, or as otherwise agreed by the parties, as candidates for each of the positions of Police Chief or Precinct Commander. The positions of Police Chief or Precinct Commander shall be appointed from said lists of qualified candidates by the City Manager. 9.2 Removal of Police Chief or Precinct Commander. 9.2.1 Removal by SHERIFF. The SHERIFF may remove the Police Chief or Precinct Commander at any time after consultation with the City Manager. 9.2.2 Removal by City Manager. The SHERIFF shall remove the Police Chief or Precinct Commander at any time after the written request and consultation of the City Manager. 9.2.3 Reduction of Precinct Commander's Rank Due to Economic Conditions. A reduction in SHERIFF's Office Civil Service Rank due to economic necessity shall not be the sole basis for the removal of the appointed Precinct Commander by either the City Manager or the SHERIFF. 9.3 Duties of Police Chief. The Police Chief shall report to the City Manager or his/her designee and to the existing command structure within SHERIFF's Office. The duties of the Police Chief shall include: 9.3.1 Working with the City Manager or his/her designee to establish goals, objectives and performance measures for CITY police Services which reflect specific needs within CITY; Page 9 of 26 9.3.2 Coordinating police activities within CITY, including hours of operation and CITY -specific protocols and procedures, attending meetings and providing reports as requested by the City Manager and such other duties common to a city police chief including enforcement of CITY codes and ordinances; 9.3.3 Reviewing the performance of all Dedicated CITY Officers. Reporting to City Manager or his/her designee and SHERIFF any serious recommendations for performance improvement; 9.3.4 Identify duties of all Dedicated CITY Officers as specific needs arise or as requested by the City Manager or his/her designee within the context of established policies and procedures. Reporting to SHERIFF any changes in duty of Dedicated CITY Officers; 9.3.5 Overseeing implementation within CITY of all SHERIFF policies and procedures. Maintaining a copy of SHERIFF procedures on file at City Hall for CITY'S reference. SHERIFF shall be notified of any public record requests to view or obtain a copy of the policies and procedures on file; 9.3.6 Notifying and providing electronic access to the City Manager or his/her designee of any change in SHERIFF procedures or policies, or resource as permitted by this Agreement; 9.3.7 Identifying areas of supplemental training for Dedicated CITY Officers. Making recommendations to SHERIFF for supplemental training. Making recommendations to the City Manager or his/her designee for training not provided by SHERIFF; 9.3.8 Providing supervision and direction to all Dedicated CITY Officers as well as other assigned personnel, and acting as liaison with SHERIFF Command Staff; 9.3.9 Maintaining communication between the City Manager and SHERIFF command structures to ensure that changes in SHERIFF policies are agreeable to CITY and that change in CITY policies are agreeable to SHERIFF. In the event a CITY procedure, policy, goal or operation differs from the SHERIFF's, City Manager or his/her designee, SHERIFF and COUNTY shall meet and mutually determine which policy will prevail; 9.3.10 Notifying the City Manager or his/her designee of any significant criminal occurrence or civil emergency within CITY or region that would impact the public safety or operations of CITY, and Page 10 of 26 9.3.11 Coordinating with City Manager regarding maintenance and capital improvement needs of the CITY Precinct Building. 9.4 Duties of the Precinct Commander. The Precinct Commander shall act as Police Chief in his/her absence and under the Police Chief as CITY Police Department's primary administrative assistant, and also work with CITY staff to provide data as requested and complete information required for CITY planning documents. 9.5 Duties of the City Manager. The City Manager or his/her designee shall have the responsibility of providing general direction and supervision to the assigned Police Chief relative to the furnishing of law enforcement Services to CITY as set forth in chapter 35A.13 RCW and the terms of this Agreement. 9.6 Duties of the SHERIFF. The SHERIFF or his designee shall make regular visits to the CITY Precinct Building and ensure that SHERIFF policies and procedures are being followed and that law enforcement Service is provided to CITY according to the terms of this Agreement and according to the standards of the SHERIFF. At the request of the City Manager, SHERIFF will make presentations to the Council and appearances at CITY functions as his schedule permits. 9.7 Quarterly Meetings - Sheriff and City Manager. The SHERIFF and the City Manager shall meet on a quarterly basis to ensure regular communication and to seek joint consideration of all matters of concern regarding this Agreement. Either party may invite representatives from their respective organizations to attend. It is intended that the Parties in these meetings review the Interlocal Agreement and discuss matters of mutual interest; monitor cost trends, work jointly on potential cost savings, revenue sources and other budgetary matters that may impact Service levels; seek long-term sustainability of contract terms; consider changes in labor contracts, review allocation of resources or other items that may impact either party. The dates of these meetings will be determined by mutual agreement but should coincide with the budget cycles of each party. 9.8 Quarterly Meeting — Financial and Contract Administration Representatives. At the request of CITY, COUNTY, or SHERIFF, representatives shall meet to discuss potential changes to the COCAP, the LECAP, or other items that may impact the CITY's law enforcement costs or Service levels. If possible, CITY shall be notified of such changes prior to implementation, allowing CITY an opportunity to comment. SECTION NO. 10: OBSERVATION OF LABOR NEGOTIATIONS CITY may participate with other cities that contract with COUNTY for law enforcement Services to select no more than two (2) representatives from the contracting cities to observe labor negotiations between COUNTY, SHERIFF and the collective bargaining units representing the employees of the SHERIFF, provided that such observers adhere to rules established by COUNTY, the SHERIFF and the bargaining units for the negotiations. Page 11 of 26 SECTION NO. 11: PROPERTY, EQUIPMENT AND TRAINING 11.1 Ownership of Property and Equipment. The ownership of all property and equipment utilized in association with either SHERIFF or CITY meeting their responsibilities under the terms of this Agreement, shall remain with the original owner at all times to include termination, unless otherwise specifically and mutually agreed upon in writing by the Parties to this Agreement. 11.2 Stationery, Notices and Forms. CITY shall supply at its own cost and expense any special supplies, logos or patches, stationery, notices, forms where such must be issued in the name of CITY. 11.3 Additional Technology. CITY desires to maintain a police force that is trained and equipped with the latest technology. SHERIFF agrees to provide police service personnel providing Services under this Agreement that are trained and equipped with such technology as is customarily provided to deputies providing law enforcement Services in the unincorporated areas of the County. Any technology not currently in use or not customarily provided to patrol deputies, may be requested by CITY or SHERIFF. Parties agree to meet and confer over the need for the acquisition, training, or use of new technology with the final decision regarding the acquisition and use of new technology resting solely with the SHERIFF so long as CITY and COUNTY have the necessary financial resources to acquire such technology and train Dedicated CITY Officers in its use. Such costs shall be born solely by the CITY. 11.4 Additional Training. CITY has indicated that it may desire to have the Dedicated CITY Officers providing Services to CITY under the terms of this Agreement attend additional or supplemental training. The SHERIFF agrees not to unreasonably withhold approval of any written request(s) by CITY for Dedicated CITY Officers providing Services under the terms of this Agreement to attend additional or supplemental training. The SHERIFF may also require Dedicated CITY Officers assigned to provide Services to CITY under the terms of this Agreement to participate in necessary state and federal training and conferences that focus on the prevention of crime and the protection of CITY'S citizens. The costs of any additional or supplemental training requested by CITY under this section and approved by the SHERIFF, or determined necessary by the SHERIFF shall be born solely by CITY. 11.5 Police Department Building, Maintenance, and Janitorial. CITY will provide offices, to include sufficient parking, for the City of Spokane Valley Police Department located at 12710 E. Sprague Avenue, City of Spokane Valley, 99216 or at such other location mutually agreed to between the CITY and SHERIFF. CITY shall provide all operation, maintenance and janitorial services for said offices. Page 12 of 26 SECTION NO. 12: COMMUNITY IDENTITY 12.1 Vehicles. Patrol, Traffic, School Resource Officer, and Community Service vehicles that are assigned to CITY shall display the color, identification and logo of CITY at CITY's sole expense. Additionally, the vehicles will indicate that they are SHERIFF vehicles. SHERIFF and CITY will determine the form of identification jointly. Detective and Supervisor vehicles may be left unmarked. 12.2 Uniform. SHERIFF maintains a uniform directed by state law. It is a uniform that carries a great deal of pride. CITY recognizes that the assigned personnel will retain the uniform of the Spokane County Sheriff's Office; however, SHERIFF agrees that assigned personnel shall wear additional identification in the nature of a patch, clearly indicating affiliation with CITY on uniforms, jackets, and jumpsuits. Jumpsuits shall include the word "Police" in large type on the back. The nature and design of any additional identification will be determined jointly by SHERIFF and CITY and provided to SHERIFF by CITY at CITY's sole expense. SECTION NO. 13: RECORDS All records prepared, owned, used or retained by COUNTY or SHERIFF in conjunction with providing Services under the terms of this Agreement shall be deemed COUNTY property and shall be made available to CITY upon request by the City Manager subject to the records retention schedule set forth by the Washington State Secretary of State, the attorney client and attorney work product privileges set forth in statute, court rule or case law. The Parties agree to cooperate in complying with the provisions of chapter 42.56 RCW. Should the Agreement terminate, the Parties will meet, and discuss the nature and extent of records required to be transferred to the successor agency. The COUNTY agrees to effect the transfer no later than the last day of the contract. The cost of any transfers of records to the control of the CITY under this provision shall be assumed solely by the CITY. SECTION NO. 14: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the SHERIFF, which render legally impossible the performance by the SHERIFF of its obligations under this Agreement, shall be deemed not a default under this Agreement. Page 13 of 26 SECTION NO. 15: RELATIONSHIP OF THE PARTIES For the purpose of this section, the terminology "COUNTY' shall also include SHERIFF. The Parties intend that an independent contractor relationship will be created by this Agreement. COUNTY shall be an independent contractor and not the agent or employee of CITY, that CITY is interested only in the results to be achieved and that the right to control the particular manner, method and means in which the Services are performed is solely within the discretion of the SHERIFF. Any and all employees who provide Services to CITY under this Agreement shall be deemed employees solely of the SHERIFF. The SHERIFF shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of the SHERIFF or COUNTY for any purpose. SECTION NO. 16: LIABILITY For the purpose of this section, the terminology "COUNTY" shall also include the "PROSECUTING ATTORNEY." (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. Page 14 of 26 (d) Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other Party's officer or employee's negligence. (e) Each Parry's duty to indemnify shall survive the termination or expiration of this Agreement. (0 The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. (g) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including professional liability and auto. SECTION NO. 17: INITIATIVES AND LOCAL BUDGET REDUCTIONS The Parties recognize that revenue -reducing initiative(s) passed by the voters of Washington and/or local revenue reductions (i.e. loss of sales tax) and/or local government mandates may substantially reduce local operating revenue for CITY, COUNTY or both Parties. The Parties agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of State-wide revenue -reducing initiative(s) and/or local revenue reductions and/or local government mandates. If such an event occurs, the Parties agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO. 18: DISPUTE RESOLUTION Any dispute regarding the interpretation of, failure to perform, or the costs for Services assessed under the terms of this Agreement between the SHERIFF, COUNTY or CITY shall first be reduced to writing and considered by the COUNTY CEO ("Chief Executive Officer") and the City Manager if it is a monetary dispute. If it is a non -monetary dispute, it shall be reduced to writing and considered by the SHERIFF and City Manager. The City Manager and the COUNTY CEO or SHERIFF shall agree to develop a corrective action plan to address any dispute covered in this section. The action plan shall be completed within 30 days of agreement to develop the action plan unless the Parties agree to extend this timeline. The action plan shall be implemented by the SHERIFF within 30 days of completion of the action plan. If the SHERIFF or CEO fails to complete or implement an action plan, discontinues the action plan without agreement by the City Manager, or the Page 15 of 26 dispute otherwise remains unresolved, the dispute may be submitted to arbitration by any Party. COUNTY or SHERIFF, respectively, and CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the Parties and shall be subject to judicial review as provided for in chapter 7.04A RCW. The costs of the arbitration panel shall be equally split between the respective Parties. SECTION NO. 19: ASSIGNMENT No party may assign in whole or part its interest in this Agreement without the written approval of the other Parties. Nothing in this section shall prohibit COUNTY or SHERIFF from contracting with third parties for Services provided for in this Agreement. SECTION NO. 20: NOTICES All notices called for or provided for in this Agreement shall be in writing and must be served on any of the Parties either personally or by certified mail, return -receipt requested, sent to the Parties at their respective addresses herein above given. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. SECTION NO. 21: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each Party that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 22: COMPLIANCE WITH LAWS The Parties shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 23: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party's authority or powers under law. Page 16 of 26 SECTION NO. 24: HEADINGS The Section and subsection headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 25: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties. Parties have read and understand the whole of the above Agreement and now state that no representations, promises or agreements not expressed in this Agreement have been made to induce either to execute the same. SECTION NO. 26: COUNTERPARTS This Agreement may be executed in any number of multiple signed originals, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 27: AGREEMENT TO BE FILED COUNTY shall file this Agreement with such offices or agencies as required by chapter 39.34 RCW. SECTION NO. 28: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case any Party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other respective Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. SECTION NO. 29: CHAPTER 39.34 RCW REQUIRED CLAUSES A. Purpose. See Section No. 3 above. B. Agreement to be Filed. See Section No. 27 above. C. Duration. See Section No. 4 above. D. Termination. See Section No. 4 above. Page 17 of 26 E. Organization of Separate Entity and Its Powers. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. F. Responsibilities of the Parties. See applicable sections within Agreement. G. Property upon Termination. See Section Nos. 4.4 and 11 above. SECTION NO. 30: SEVERABILITY The Parties agree that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 31: THIRD PARTY BENEFICIARIES. This Agreement is intended for the benefit of COUNTY, CITY and SHERIFF and not for the benefit of any third parties. SECTION NO. 32. SURVIVAL Without being exclusive, Section Nos. 16, 20, and 21 of this Agreement shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other sections of this Agreement which, by their sense and context, are intended to survive shall also survive. SECTION NO. 33. MEDIA RELEASES AND CONTACT Media releases concerning law enforcement activities covered under this Agreement will be prepared by the SHERIFF'S Public Information Officer. Any such release of information to the media that is deemed to be sensitive or likely to cause concern or alarm shall be provided to the City Manager before its release. CITY shall not issue any media releases regarding law enforcement activities covered under this Agreement without prior approval of the SHERIFF unless otherwise agreed by the Parties. SHERIFF will endeavor to have the Police Chief or designee interact with the media when appropriate. SHERIFF's ability to interact with the media on CITY's behalf shall not be limited by this section. Page 18 of 26 SECTION NO. 34: MODIFICATION This Agreement may only be modified in writing by the mutual written agreement of the Parties. (This space intentionally left blank.) Page 19 of 26 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ATTEST: CLERK OF THE BOARD BY: GINNA VASQUEZ AL FRENCH, Chair JOSH KERNS, Vice -Chair SHELLY O'QUINN, Commissioner ********** DATED: SPOKANE COUNTY SHERIFF: OZZIE KNEZOVICH ********** DATED: CITY OF SPOKANE VALLEY: MARK CALHOUN, City Manager Attest: CHRISTINE BAINBRIDGE City Clerk Approved as to form only: Office of the City Attorney Page 20 of 26 Exhibit 1— Services Provided to CITY by SHERIFF CITY Dedicated Service Units CITY Police Department Administration (Chief, Commander, Sergeant) Patrol Traffic Community Services Domestic Violence School Resource Officers K-9 Property and Drug Crimes Investigations Shared Service Units Major Crimes Sex Crimes Investigative Task Force Joint Terrorism Task Force Safe Streets (Drug Task Force and Gang Enforcement) Emergency Operations Team SHERIFF Command Staff Public Information Officer Training/Professional Standards SCOPE/SIRT Radio Dispatch Helicopter Forensics Crime Check Records Management Property Storage Explosive Disposal Communications Crime Analysis Garage Firing Range Fleet SWAT/Hostage Negotiation Extra Duty Employment Reservist and Explorer Units Crime Check Civilian Administrative Support Computer Aided Dispatch/Report Management System Page 21 of 26 Regional Services Civil Marine Patrol SHERIFF Sex Offender Registration Page 22 of 26 Exhibit 2 — Performance Measures and Workload Indicators Workload Indicators Total incidents per Dedicated CITY Patrol Officer per shift Total citizen initiated Calls for Service Total citizen initiated Calls for Service with Dedicated CITY Patrol Officer response Total Dedicated CITY Officer initiated incidents Total Dedicated CITY Officer involved incidents Total incidents requiring written documentation Total property crimes Total crimes against persons Total incidents resulting in custodial arrest Total traffic infractions/citations issued Total traffic infractions/citations from citizen complaints Total reported collisions Total Major Crime investigations initiated Total Sex Crime investigations initiated Total Property/Drug Crime investigations initiated Performance Measures Average patrol staffing per shift Citizen complaints per 1,000 Dedicated CITY Officer incidents Outcome of complaint investigations (% sustained, not sustained, exonerated, unfounded, pending, changed to inquiry) Use of force per 1,000 Dedicated CITY Officer incidents Outcome of use of force incidents (% within policy and not within policy) Average response time for priority 1 calls for Service Percentage of calls for Service with deputy response Percentage of incidents that were deputy initiated Percentage of solvable property crime cases assigned Percentage of assigned cases solved by investigative unit Percentage of assigned cases solved by charges filed by investigative unit Total unassigned cases Cases inactivated due to lack of evidence or leads Collisions per capita Percentage of traffic complaints worked Page 23 of 26 Exhibit 3 - Dedicated CITY Officers Administrative Police Chief/Undersheriff 1 Precinct Commander/Captain 1 Sergeant 1 Patrol Lieutenant 2 Sergeant 9 Deputies 47 K-9 Deputies 3 Traffic Sergeant 1 Detective/Corporal 1 Deputies 5 Community Se rvices Deputy 1 Domestic Violence Detective/Corporal 1 School Resource Officer Deputy 4 Property and Drug Crimes Sergeant 1 Detectives 10 Deputy 1 Total Dedicated Officers 89 Page 24 of 26 Exhibit 4 - Combined Number of Officers in Shared Units Investigations Captain 1 Lieutenant 1 DEA Deputy 1 Major Crimes Sergeant Detectives Sex Crimes Sergeant Detectives 1 6 1 6 Investigative Task Force Lieutenant 1 Regional Intelligence Group Detective 1 Joint Terrorism Task Force Detective 1 Safe Streets (Drugs and Gangs) Sergeant 1 Detectives 4 Deputies 1 Emergency Operations Team Deputy 2 Command Staff Undersheriff 1 Public Information Officer Sergeant 1 Training/Professional Standards Lieutenant 1 Sergeant 2 Deputies 2 Total Shared Officers 35 Page 25 of 26 Francis Exhibit 5 - CITY Patrol Districts I0 7 Va11el5P 8 .eC Pe °fin N -1,V 1lt les ley Trent 8,—. 12 LT_ 4 Sprague 98th n 10 5 SR 1J _._.32nd1 Sackson 6 8tlj 9 Liberty iake 1 es Spokane Valley Police Districts 1-6 au,.•�. Page 26 of 26 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 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: New City Hall - Project Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Multiple meetings, Council retreat 02-17-15; Administrative Report 03-17-15, Motion Consideration 03-24-15, Study Session 09-15-15, Motion Consideration 09-29-15, Interior Discussion 11-18-15, Heating and Cooling Discussions on 12-1- 15 and 12-15-15, Interior and Exterior Discussion 12-29-15, General updates on 01-19-16 and 02-02-16, Final design discussion on 02-16-16 and Approval of City Hall Plan authorization to proceed with bid process on 02-23-16; Admin report on bid results at Council's 4-26-16 meeting; Bid Award on May 3, 2016; Admin Report on Project Update on August, 16, 2016, September 6, 2016, October 4, 2016, November 1, 2016, December 6, 2016, January 3, 2017, February 7, 2017, March 7, 2017, April 4, 2017, May 2, 2017, and June 6, 2017. BACKGROUND: City Council and staff have been working since early 2015 on the design of the New City Hall building. Construction of the project began on May 31, 2016. Staff will give a brief update on the current status of the project. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: The City Hall construction project is anticipated to cost $14.154 million including land acquisition, design services, and construction. STAFF CONTACT: Doug Powell, Building Official Jenny Nickerson, Senior Plans Examiner ATTACHMENTS: PowerPoint Presentation Spokane _Valley City Hall Update SPOKANE VALLEY CITY HALL July 11,2017 A Spokane Walley • Construction Began Schedule May 31, 2016 • Substantial Completion August 31, 2017 • Final Completion September 30, 2017 Project Still on Schedule Spokane _Valley Progress —Month 13 North-West Wing 7 Spokane _Valley Progress —Month 13 East Entry Plaza Spokane _Valley Progress —Month 13 Council Chambers Spokane _Valley Progress —Month 13 Interior Glu am Beams — First Floor Lobby Spokane _Valley Progress —Month 13 Third Floor South — Finance Department Spokane _Valley Progress —Month 13 Casework Installation Spokane Walley Additional Information • 87% Schedule Completed • -$8,726,794 paid to Contractor (88%) • Requests for Information (RFIs) 146 Answered - 2 Pending • 241 Submittal Packages Reviewed - 1 Pending Spokane Walley Additional Information Upcoming Activities • Prep site for paving; site paving • Topsoil for landscaping • Council Chambers ceiling clouds • Soffit metal for North and South wings Spokane _Valley Questions? To: From: Re: DRAFT ADVANCE AGENDA as of July 6, 2017; 8:30 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 July 18, 2017, Study Session Format, 6:00 p.m. 1. Legislative Update — Chelsea Hager, Briahna Murray 2. Traffic Signal Operations — John Hohman 3. Potential Transportation Grants — Adam Jackson 4. Council Review of Lodging Tax Advisory Council Goals — Chelsie Taylor 5. Safe Exchange Zones — Cary Driskell, Chief Werner 6. Term Limits — Cary Driskell 7. Advance Agenda — Mayor Higgins July 25, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Motion: Extension of Library District Interlocal Agreement — Mark Calhoun, Cary Driskell 3. Motion: Potential Transportation Grants — Adam Jackson 4. Admin Report: Jail, Public Safety, and Justice Council — Cary Driskell, Dr. vanWormer 5. Admin Report: Public Records Act Changes — Erik Lamb, Chris Bainbridge 6. Admin Report: Police Dept Monthly Report — Mark Werner 7. Admin Report: Advance Agenda — Mayor Higgins 8. Info Only: Department Reports fdue Tue, July 111 (40 minutes) (20 minutes) (15 minutes) (15 minutes) (15 minutes) (20 minutes) (5 minutes) [*estimated meeting: 130 minutes] fdue Tue, July 181 (5 minutes) (20 minutes) (20 minutes) (60 minutes) (20 minutes) (15 minutes) (5 minutes) [*estimated meeting: 145 minutes] August, 1, 2017 no meeting - National Night Out August 8, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Council Consensus of LTAC Goals — Chelsie Taylor 3. Admin Report: City Hall Update - Doug Powell, Jenny Nickerson 4. Advance Agenda — Mayor Higgins August 15, 2017, Study Session Format, 6:00 p.m. 1. CRAVE NW Report — John Hohman 2. Advance Agenda — Mayor Higgins August 22, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: 2018 Budget: Estimated Revenues/Expenditures — 3. Admin Report: Police Dept Monthly Report — Mark Werner 4. Admin Report: Advance Agenda — Mayor Higgins 5. Info Only: Department Reports August 29, 2017, Study Session Format, 6:00 p.m. 1. Advance Agenda — Mayor Higgins fdue Tue, Aug 11 (5 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 30 minutes] Chelsie Taylor [due Tue, Aug 81 (15 minutes) (5 minutes) fdue Tue, Aug 151 (5 minutes) (30 minutes) (15 minutes) (5 minutes) [*estimated meeting: 55 minutes] [due Tue, Aug 221 (5 minutes) September 5, 2017, Study Session Format, 6:00 p.m. [due Tue, Aug 291 1. Red Cross Present. Household Emergency Kits - Mark Calhoun; Megan Snow, Am. Red Cross(20 minutes) 2. Advance Agenda — Mayor Higgins (5 minutes) Draft Advance Agenda 7/6/2017 10:18:43 AM Page 1 of 3 September 12, 2017, Formal Meeting Format, 6:00 p.m. Idue Tue, Sept 51 1. PUBLIC HEARING: 2018 Budget Revenues (includes property tax) — Chelsie Taylor (15 minutes) 2. Consent Agenda (claims, payroll, minutes; resolution to set budget hearing for 10-10) (5 minutes) 3. Admin Report: Advance Agenda — Mayor Higgins (5 minutes) September 19, 2017, Study Session Format, 6:00 p.m. 1. Proposed ordinance adopting 2018 property taxes — Chelsie Taylor 2. Outside Agencies Presentations: Economic Development & Social Services 3. Advance Agenda — Mayor Higgins September 26, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointment: Citizen to Spokane Housing Authority — Mayor Higgins 3. Admin Report: Police Dept Monthly Report — Mark Werner 4. City Manager's Presentation of 2018 Preliminary Budget — Mark Calhoun 5. Admin Report: Advance Agenda — Mayor Higgins 6. Info Only: Department Reports October 3, 2017, Study Session Format, 6:00 p.m. 1. Proposed 2017 Budget Amendment — Chelsie Taylor 2. Advance Agenda — Mayor Higgins October 10, 2017, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: Proposed 2018 Budget — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. First Reading Proposed Property Tax Ordinance — Chelsie Taylor [*estimated October 17, 2017, Study Session Format, 6:00 p.m. 1. Outside Agencies Presentations: Economic Development & Social Services 2. Advance Agenda — Mayor Higgins October 24, 2017, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: Proposed 2017 Budget Amendment — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Proposed Property Tax Ordinance — Chelsie Taylor 4. First Reading Ordinance Amending 2017 Budget — Chelsie Taylor 5. First Reading Ordinance Adopting 2018 Budget — Chelsie Taylor 6. Motion Consideration: Allocation of Funds to Outside Agencies — Chelsie Taylor 7. Admin Report: Police Dept Monthly Report — Mark Werner 8. City Manager's Presentation of 2018 Preliminary Budget — Mark Calhoun 9. Admin Report: Advance Agenda — Mayor Higgins 10. Info Only: Department Reports [*estimated [due Tue, Sept 12] (10 minutes) (-120 mins) (5 minutes) Idue Tue, Sept 191 (5 minutes) (5 minutes) (15 minutes) (45 minutes) (5 minutes) meeting: 75 minutes] Idue Tue, Sept 261 (10 minutes) (5 minutes) Idue Tue, Oct 3] (20 minutes) (5 minutes) (15 minutes) Idue Tue, Oct 101 (-120 mins) (5 minutes) Idue Tue, Oct 1711 (15 minutes) (5 minutes) (15 minutes) (15 minutes) (20 minutes) (20 minutes) (15 minutes) (45 minutes) (5 minutes) meeting: 155 minutes] October 31, 2017, Formal Meeting Format, 6:00 p.m. [due Tue, Oct 24] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) November 7, 2017, Study Session, 6:00 p.m. [Note: meeting might be cancelled due to election night) November 14, 2017, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: Final Hearing on 2018 Budget — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Ordinance Amending 2017 Budget — Chelsie Taylor 4. Second Reading Ordinance Adopting 2018 Budget — Chelsie Taylor Draft Advance Agenda 7/6/2017 10:18:43 AM Idue Tue, Nov 71 (20 minutes) (5 minutes) (15 minutes) (20 minutes) Page 2 of 3 5. Admin Report: LTAC Recommendations to Council — Chelsie Taylor 6. Advance Agenda — Mayor Higgins (20 minutes) (5 minutes) [*estimated meeting: 85 minutes] November 21, 2017, Study Session Format, 6:00 p.m. [due Tue, Nov 14] November 28, 2017, Formal Meeting Format, 6:00 p.m. Meeting cancelled due to Thanksgiving Holiday December 5, 2017, Study Session, 6:00 p.m. [due Tue, Nov 21] December 12, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Motion Consideration: Award of LTAC Funds — Chelsie Taylor 3. Advance Agenda — Mayor Higgins Idue Tue, Dec 51 (5 minutes) (25 minutes) (5 minutes) December 19, 2017, Study Session Format, 6:00 p.m. [due Tue, Dec 121 December 26, 2017, Formal Meeting Format, 6:00 p.m. Meeting cancelled due to Christmas Holiday January 2, 2018, Study Session, 6:00 p.m. Administration of Oath of Office to Newly Elected Officials 1. Election of Mayor and Deputy Mayor — Chris Bainbridge 2. Advance Agenda — Mayor *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: 8th & McDonald (Oct) CDBG (Hearing Sept/Oct) Consultant Contract, Barker Grade Sep.Ph 1 Disc Golf Park Farmers Market Fee Resolution (credit card fees, etc.) Health District/Parental Rights Legislative Agenda (Sept/Oct) Official Newspaper Protestor Conditions Property Crimes Grant Cont. School Interns Second Amend. Sanctuary City Sign Ordinance Solid Waste Contract Approval Sullivan Road Bridge Update Transportation & Infrastructure Undergrounding Utility Facilities in ROW Water Banking Zero Tolerance of Crime [due Tue, Dec 26] (15 minutes) (5 minutes) Draft Advance Agenda 7/6/2017 10:18:43 AM Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 2018 Department Director Approval: Check all that apply: ['consent ❑ old business ['new business ['public hearing ® information ['admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Potential Transportation Grants — Call For Projects: FY 2018 Transportation Improvement Board (TIB) Urban Arterial Program (UAP) and the Sidewalk Program (SP) GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Resolution 17-011 - Adoption of the 2018-2023 Six - Year Transportation Improvement Program (TIP), May 23, 2017; Resolution 17-006 — Approval to amend the adopted 2017 TIP to include University Road (16th to 24th and also 24th to Dishman-Mica), February 28, 2017; Approved motion to apply for STP grant funds from SRTC for the Broadway PCC Intersection project, September 8, 2009. BACKGROUND: On June 1, 2017, the Washington State TIB issued a Call for Projects for the allocation of funding for the Urban Arterial Program (UAP) and Sidewalk Program (SP). The UAP makes approximately $75M available statewide and Spokane Valley is eligible to apply for funds from the Northeast Region's allocation of $8.4M. The SP makes approximately $5M available statewide and Spokane Valley is eligible to apply for funds from the East Region's allocation of $1.1M. The application submittal due date for TIB funding is August 18, 2018. Staff has reviewed the grant scoring criterion and compared it to the City's 2018-2023 TIP, Pavement Management Program, Comprehensive Plan, water district capital improvement plans, accident hot spots and other elements of the City's transportation network. Staff anticipates that the projects proposed below will score well and have a high potential to receive funding. Based on a preliminary evaluation, the following draft list of projects has been developed for consideration. Please note that estimated project costs are planning -level preliminary estimates and are anticipated to change as more information becomes available and the grant applications are finalized. Transportation Improvement Board (TIP) Project Name Total Estimated Cost Grant Request* (80%) Estimated City Match* (20%) Urban Arterial Program (UAP) ($'s in 1.000s) Mullan Road — Broadway to Indiana (PE & CN) $911 $728 $183 University Road — 16th to Dishman Mica (CN Only) $2,276 $1,821 $455 Broadway PCC Intersections — Argonne and Mullan (CN Only) $2,250 $1,800 $450 Sidewalk Program (SP) ($'s in 1.000s) Indiana Ave. Ped. Path — Pines to Mirabeau Park & Ride (PE &CN) $201 $161 $40 *Grant request varies with City matching amount from 20% to 25%. OPTIONS: Information Only RECOMMENDED ACTION OR MOTION: Information Only BUDGET/FINANCIAL IMPACTS: The City's required match on TIB funded projects is 20% of the total grant request. Additional points can be scored during the application scoring process if the City elects to match funds beyond the 20% amount. Additional points are limited to 5 if the City elects to match up to 25% of the total grant request. As the proposed grant applications are developed, staff will coordinate with the Finance Department to ensure there are sufficient city funds to provide the needed match for the proposed projects. STAFF CONTACTS: Adam Jackson — Planning & Grants Engineer Mike Basinger — Economic Development Manager John Hohman — Deputy City Manager ATTACHMENTS: Project Summary Sheets TIB Project: MuIlan—Broadway to Indiana Shannon y o ai 1'5 d• y! I Michielli_ R Indiana o. 7I Indiana ,. "' "'2 R Baldwin 1 y1 I Nora i Nora r '%90- 4404 N. 19O W287 90 ,_I Shannon oI, Knox _. so Nora r_ ' c � tI r 2 - Augusta al + 90 E287o 14 Sinto a Maxwell ci _Io 11 'Sinto1 ;o `m i; oi LL E l 0 ,% Sharp J 1 Boone Desmet kp Boone Data Ida 0E _ c Broadway. �• `m II. 11.1- i Liu Springfield 2018 2019 Project Description: 2020 2021 2022 L 2023 Mullan Road from Broadway to Indiana Avenue is a 3 -lane principal arterial. As identified in the City's Pavement Management Analysis Report, the pavement through this section is ready to receive a moderate depth hot mix asphalt overlay (1.5 to 2.5 inch- es) while some portions are anticipated to require a full depth reconstruction. Any ADA -deficient pedestrian facilities will be up- dated. All broken sidewalks will be replaced or restored. Benefits of Project: This project will apply a new pavement surface extending the life of the road. In addition to the road surface, all sidewalks will be field reviewed to verify that they meet current ADA requirements. Sidewalk and sidewalk ramps not meeting these requirements will be upgraded to meet the current standards. The City will also provide long -needed stormwater improvements during a single construction window, limiting the impact to the roadways. Project Cost Estimate: Preliminary Engineering (PE) = $84,000 Construction (CN) = $827,000 Estimated Remaining Project Cost = $911,000 TIB Project: University Rd - 16th Ave to Dishman-Mica Rd OPTIONAL NORTH PHAFr SOUTH PHASE 28TH j C cr y .;�•.a_ F .37nd Ave Rv` 1' 2018 2019 2020 2021 2022 2023 Project Description: University Road from 16th Ave to Dishman-Mica Rd is a 4 -lane Minor Arterial with adjacent sidewalk throughout. University is generally rated by the City's 2015 Pavement Management Analysis Report as "marginal" or "poor." This project will provide an asphalt grind & overlay and will restripe to provide (4) 11 -foot wide travel lanes and (2) 5 -foot wide bike lanes. The total project length is approximately 1.2 miles. Any ADA -deficient pedestrian facilities will be updated. Portions of University experience storm runoff issues due to the flat grades as well. Further, to provide flexibility, the City has provided the option to split the project into two phases at 28th Ave. This break-point is consistent with scheduled water improvements in 2018 by the water purveyor and provides the funding agency flexibility when allocated funds. Benefits of Project: This project will apply a new pavement surface, extending the life of the road. All curb ramps will be field verified to meet current ADA requirements. The addition of bike lanes on this project is consistent with the Transportation Element of the City's Compre- hensive Plan and will improve connectivity for those riders coming or going south of University & Dishman-Mica. This project also allows the City to provide long -needed stormwater improvements during a single construction window; limiting the impact to roadways. Project Cost Estimate: Construction (CN) = $2,276,000 TIB Project: Broadway @ Argonne/Mullan PCC Intersection (CN only) 2018 Project Description: 2019 2020 2021 2022 20 This project will reconstruct the intersections of Broadway Avenue at Argonne and MuIlan Roads with Portland Cement Concrete (PCC) pavement. It will also provide new sidewalks along both sides of Broadway between Argonne & MuIlan. New pedestrian curb ramps will also be provided at the intersection corners as needed. Benefits of Project: The existing intersection is experiencing severe rutting, raveling and longitudinal cracking. Significant truck traffic continues to destroy the pavement. Preservation of the existing pavement is not an option because the existing pavement section does not have the structural integrity to support the heavy turning trucks. Reconstruction of this intersection using PCC Pavement will pro- vide a long term solution to prevent further pavement deterioration. This is the most cost effective solution and the least expen- sive for the taxpayer. The design life of the project is 30 years. The project will also provide new sidewalks and pedestrian ramps. Currently, much of the sidewalks have widths between 4 -feet and 5 -feet. Most of the existing sidewalks have adequate right-of-way to allow for new, wider concrete sidewalks. New sidewalk widths will vary between 5'-6' as right-of-way and existing conditions allow. Project Cost Estimate: Construction (CN) = $2,250,000 Updated June, 2017 TIB Project: Indiana Pathway - Pines to Mirabeau Park & Ride rMansfield Ave Connection Project Completed 2015 " I 1 Ma nsfiel_ :.. Proposed Indiana Ave Seperated Sidewalk Project End n211971 Indiana Ave STA Mira beau Park & Ri. Existing_ Bus Stop °ralect Start +�rrd+7 r 442®9 OFF 190 1 99 6' SiciewakTS11816. Existing 6 Ciurb irdanaAYB Indiana Ave Sidewalk - Cross Section Legend - Projeci.rea - Ex sting Siceviialks Existing B ke Lane Proposed Siarec Roadway." Bike Laned Path way Camrnerc as Light Incusst.al High Density Residerroal Meed Use Center 2018 2019 2020 2021 2022 2023 Project Description: This project provides nearly 2,200 feet of a 6 -foot wide pathway from the Pines (SR -27) and Indiana Ave. intersection east to an existing bus stop on Indiana and further east to STA's Mirabeau Park and Ride. Existing stormwater swales will be maintained but minor grading and seeding will be used to restore the swale damaged when constructed. Surrounding the project along Pines Rd., Indiana Ave, and Mansfield Ave. are properties zoned as Multi -Family Residential, Corridor Mixed -Use, Regional Commercial or Mixed Use; most of which are filled with high density apartment complexes or commercial businesses. Indiana Ave. is designated as a Principal Arterial with a posted speed limit of 35 mph. Benefits of Project: The project will eliminate the existing "goat trail" created by foot traffic cutting through the borrow ditch as people walk from Pines Road to the bus stop and park and ride facility at Mirabeau Parkway along Indiana Avenue. Pedestrians walk on the narrow shoulder or in the dirt borrow ditch because neither north or south sides of Indiana Ave. provide a complete, continuous pedestri- an pathway between Pines Rd and Mirabeau Parkway. This project will provide a continuous pedestrian corridor along Indiana's north side between Pines Rd and Mirabeau Parkway. It will also provide a clear and delineated surface for people utilizing the existing bus stop near Pines Rd. Project Cost Estimate: Preliminary Engineering (PE) = $ 24,000 Construction (CN) = $177,000 Estimated Total Project Cost = $201,000