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2017, 07-18 Study Session AGENDA SPOKANE VALLEYCITY COUNCIL STUDYSESSIONFORMAT Tuesday,July 18,2017 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY____GOAL CALL TO ORDER ROLL CALL 1.Briahna Murray, ofLegislative Update Discussion/Information Gordon Thomas Honeywell, Governmental Affairs 2.John Hohman Traffic Signal Operations Discussion/Information 3. Adam Jackson Potential Transportation GrantsDiscussion/Information 4. Chelsie Taylor Review of Lodging Tax Advisory CommitteeDiscussion/Information (LTAC) Council Goals 5. Cary Driskell,Safe Exchange Zones Discussion/Information Chief Werner 6. Cary Driskell Term Limits Discussion/Information 7.Mayor Higgins Advance AgendaDiscussion/Information 8. Mayor HigginsCouncil Check inDiscussion/Information 9.Mark Calhoun City Manager Comments Discussion/Information ADJOURN Study Session Agenda, July 18, 2017 Page 1of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 2017 Department Director Approval: Check all that apply: ['consent ❑ old business ['new business ['public hearing ❑ information ® admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Legislative Update GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: n/a BACKGROUND: Ms. Briahna Murray of Gordon Thomas Honeywell will present Council a review of the latest State Legislative Session. OPTIONS: Discussion only RECOMMENDED ACTION OR MOTION: Discussion only BUDGET/FINANCIAL IMPACTS: Unknown at this time STAFF CONTACT: Mark Calhoun ATTACHMENTS: PowerPoint Presentation City of Spokane Valley Legislative Update 1 Briahna Murray Vice President Chelsea Hager Consultant Gordon Thomas Honeywell Governmental Affairs GORDON THOMAS HONEYWELL COVERAVEN FAL AFFA R 2 Session Overview • Primary task in a "long" legislative session: write budgets! • Additional challenges: Funding McCleary, addressing Hirst, extension of the document recording fee to fund homelessness • The "long" 105 -Day regular session ended on 4/23 • The Legislature was not able to come to an agreement on the operating and capital budgets in that time. • The Governor has called three special sessions. • Still no agreement on capital budget. • Perhaps a 4th special session coming? What did the Legislature do? Operating Budget • Passed June 30th — narrowly avoiding shutdown • $43.7 billion biennial budget • $2.6 billion in new revenue • Tax on bottled water • Tax on extracted fuel • Marketplace Fairness Act • Increase in K-12 education spending of $7.3 billion over 4 years via "property tax levy swap" • Everyone sees an increase in 2018; • In 2019, it varies. • E.G: Central Valley School District increases 0.92/$1000 AV increase in 2018 and then a decrease to 0.28/$1000 AV in 2019. • For the most part, local government revenues remain whole. Capital Budget • Ongoing negotiations • "Re -appropriations" budget passed. • House passed a capital budget July 1st; Senate has yet to take action. Transportation Budget • Passed April 21St • Only minor changes to Connecting Washington package Policy Bills • 2,687 bills introduced in the 2017 regular session • 391 passed by the Legislature (15%) Legislative Priorities Valley Water Providers' Water Rights Barker Road / BNSF Grade Separation Project Appleway Trail Park Amenities v State -Shared Revenues ❖ Protect Businesses by Reforming State Regulatory Burden Valley Water Rights • Changes in population and agricultural needs have changed water needs • Many Valley water providers wish to convert irrigation water rights to municipal but lack an efficient and viable way to do so • Legislative Solution: Senate Bill 5005, sponsored by Sen. Padden House Bill 1084, sponsored by Rep. Shea • Outcome: We reached agreement on the conversion of some water rights based on the original intent of the right 6 Barker Road / BNSF Grade Separation Project • $1.5 million allocated to the city for the Barker Road Grade Separation project 1 Sen. Padden offered an amendment to the Senate's proposed transportation budget with this allocation Rep. Shea offered a subsequent amendment in the House to ensure it was included in the final budget • GTHGA will continue to look for additional funding sources Appleway Trail Amenities • Funding for Appleway Trail amenities was included in both the House and Senate capital budget proposals The July is' House passed budget includes an allocation of $556,000 • We are waiting for a solution to the Hirst decision prior to passage of a full capital budget 8 State -Shared Revenues • Streamlined Sales Tax Mitigation Revenue • House proposed cut would have cost the City $570,Ooo • LEOFF 2 • Liquor Excise Tax Account • Liquor Board Profits • Restoration of 5o/5o liquor revenue sharing relationship • House Bill 1113, GTHGA supported the bill, it did not pass this session • Municipal Criminal Justice Assistance Account State Agency Rulemaking: Protecting Businesses by Reforming State Regulatory Burden • GTHGA testified on/signed the City in to support many state agency rulemaking bills; unfortunately most died in Committee. • We also monitored the limited rulemaking during session and will begin to identify rulemaking opportunities for the city during the interim as they emerge. BILL # SPONSOR SUMMARY POSITION TAKEN HB 1005 Rep. Shea Eliminates agency rulemaking authority, except for limited purposes related to emergencies or fish and wildlife management. All rules not submitted to Legislature for review automatically expire by August 1, 2018. Testified in support HB 1240 Rep. Taylor The Joint Administrative Rules Review Committee is given authority to suspend an existing agency rule, subject to legislative review during the proceeding session. Suspension ends at the end of the next legislative session if no legislative action is taken. Testified in support HB 1241 Rep. Koster Administrative Procedure Act revised to do the following: (1) Suspend certain agency rule making until July 1, 2018; (2) Require agencies to immediately perform a review of existing agency rules; and (3) Authorize the legislature to approve or disapprove a proposed or adopted agency rule. None taken - no hearing HB 1328 Rep. Shea Department of Ecology is required to analyze specific rule-making alternatives and associated cost estimates. 'Kuppo-' SB 5798 Sen. Braun Sets expiration requirements for new rules not adopted by the Legislature. Expired rules not available for re -adoption without legislative approval. Support 1. I Impact of 2017 Session on Cities • 5G Deployment & Small Cell Network Facilities • Business Licensing • Abandoned/Foreclosed Homes • Construction owner rights • Paid Family Leave • Tourism/ Lodging Tax revenue • Creation of a countywide port district Questions? Briahna Murray bmurray@gth-gov.com (253) 310-5477 Chelsea Hager chager@gth-gov.com (253) 359-0474 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 2017 Check all that apply: ['consent ❑ old business ❑ information ® admin. report AGENDA ITEM TITLE: Traffic Signal Operations GOVERNING LEGISLATION: Manual of Uniform Traffic Control Devices PREVIOUS COUNCIL ACTION TAKEN: May 2, 2017 Roundabout Presentation from Washington State Department of Transportation; June 13, 2017 Budget Workshop Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session BACKGROUND: On May 2, 2017 Council heard a presentation on roundabouts from Washington State Department of Transportation representatives, and as part of the June 13, 2017 budget workshop, discussed the budget impacts of traffic control devices. Tonight's presentation provides detailed information on traffic control devices the City owns and the operations and maintenance requirements to keep the system functioning. Budget impacts for these activities will be provided. Ken Heale, from WSDOT, will assist with the presentation and be available to answer any questions from Councilmembers. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: None BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: John Hohman, PE — Assistant City Manager Ray Wright, PE — Sr. Engineer, Traffic Ken Heale, WSDOT ATTACHMENTS: Presentation Spokane County Signal Maintenance Agreement WSDOT Signal Maintenance Agreement Traffic Signal Operations City of Spokane Valley John Hohman, PE - Deputy City Manager Ray Wright, PE - Sr. Traffic Engineer Ken Heale - WSDOT July 18, 2017 Spokane Valley's Traffic Infrastructure Traffic Signals County Maintained Traffic Signals 75 State Maintained Traffic Signals 12 Total 87 Intersection Control Beacon Overhead Flashing Beacon 2 Intersection Lighting High Pressure Sodium (HPS) 200 Light Emitting Diode (LED) 16 Total 216 CCTV Cameras at or near Intersections 11 Spokane Valley's Traffic Infrastructure Rectangular Rapid Flashing Beacon (RRFB) County Maintained 7 School Zone Flashing Beacons County Maintained Schools served 36 16 Spokane Valley's Traffic Infrastructure Types of detection Types Number of intersections Loops 58 Video 1 Radar 4 Combination of Detection Types 24 Total Intersections 87 Spokane Valley's Traffic Signal Costs The City of Spokane Valley Contracts with both WSDOT and Spokane County for Traffic Signal Maintenance Citywide. The scope of services includes: State/County Routine Maintenance/Routine Preventative Maintenance Removal and Replacement of Failed Components Maintains Signal System Interconnects Performs Locates for underground infrastructure Maintains Accurate Maintenance Records Provides Emergency Maintenance City Pays for Operational Power Recovers the Costs of Damages caused by 3rd Party Provides all other Maintenance not identified above Spokane Valley's Traffic Signal Costs WS DOT Description Budget Maintenance $ 117,000.00 Traffic $ 48, 000.00 Total Maintenance Budget $ 165,000.00 Spokane Valley's Traffic Signal Costs Spokane County Description Budget Sign $ 75,000.00 Signal $ 405,000.00 Striping $ 90,000.00 Legend $ 60,000.00 Total Maintenance Budget $ 630,000.00 Three year expenditure history WSDOT Signal Maintenance WSDOT Street Maintenance Spokane County Signal Maintenance Street/Signal Lighting Costs BUDGET 2017 $38,729.97 $5,738.07 $203,850.95 $192,855.65 2016 $86,718.34 $87,325.38 $662,057.50 $481,373.16 ACTUAL 2015 $74,869.83 $139,638.35 $492, 807.34 $457, 354.02 2014 $39,937.11 $115,816.08 $720,515.38 $415,593.03 Total Cost $441,174.64 $1,317,474.38 $1,164,669.54 $1,291,861.60 Intelligent Transportation Systems -ITS. E1. • y� 9ot7h'l:urh'r k.. • — E * Communication Infrastructure - allows signal coordination * Closed -Circuit Television Cameras * Traffic Detection * Dynamic Message Signs * Special Vehicle Detection * Traffic Management Center (SRTMC) Legend Signals • Gdj of Sa= • City aP spokosi Corm sow ■ Intelligent Transportation System ► 50 Traffic Signals connected to ITS ► Historically all signals connected to the Spokane Regional Transportation Management Center (SRTMC) 2015 City implemented its own TMC P Improved certain aspects of the system ► Created communication issues with the SRTMC Impacted coordination on the major north/south corridors Next Steps ► August Council discussion regarding participation in the SRTMC ► Continue to resolve TMC communication issues ► Develop an ITS plan for our intersections ► Work towards establishing performance measures R Develop equipment replacement plan 0988 Return to: Daniela Erickson, Clerk of the Board Board of County Commissioners 1116 W. Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR ROAD MAINTENANCE SERVICES IN THE CITY OF SPOKANE VALLEY (October 15, 2009 —December 31, 2010) THIS AGREEMENT, made and entered into by and between 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" 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, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." The COUNTY and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS (a) The Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business under RCW 36.32.120(6). (b) Counties and cities may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW (Interlocal Cooperation Act). (c) The City of Spokane Valley desires to utilize the services of Spokane County for the purpose of providing traffic sign, signal and pavement marking maintenance services on the public rights-of-way in the City. SECTION NO. 2: DEFINITIONS (a) Agreement: "Agreement" means this Interlocal Agreement between the CITY and COUNTY regarding traffic maintenance services including signs, signals and pavement markings. Page l of 18 009 -VN 5\ . gg (b) City: "CITY" means the City of Spokane Valley. (c) County. "COUNTY" means Spokane County. (d) Maintenance and Operations: "Maintenance and Operations" and "M&O" shall mean (1) those class codes (3000-5999 and 7000-9999) used by Spokane County in its budgetary process as prescribed by the BARS manual adopted by the State of Washington under chapter 43.88 RCW so long as such expenditures are directly attributable and proportionate to services rendered to CITY under the terms of this Agreement. (e) Services: "Services" means those services identified in Exhibit A-1. (f) Compensation: "Compensation" means that methodology set forth in Exhibit A used to establish the amount of money which the CITY will pay the COUNTY for providing Services. (g) Capital Improvement: "Capital Improvement" shall mean the capitalization threshold adopted by the County during the term of the Agreement. The County shall give the City advance notice of any increase in the capitalization threshold. Any such expenditure will be coded as provided for in the BARS -manual adopted by the State of Washington under RCW 43.88. (h) 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. (i) Report: "Report" shall mean the Invoice Supporting Documentation set forth in Exhibit A-4. 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 the COUNTY will provide Services on behalf of the CITY. It is the intent of the PARTIES that Services to be provided by the COUNTY will be consistent with the CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO. 4: DURATION/WITHDRAWAL This Agreement shall commence on October 15, 2009, and run through December 31, 2010, unless one of the PARTIES provides notice as set forth in Section 7. Page 2 of 18 5- d 9S8 At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year thereafter effective January 1s` to December 31s`. All renewals shall be subject to all terms and conditions set forth herein. The PARTIES recognize it is highly unlikely that Exhibit A-2, setting forth the new billing rates for each year's Services, will be available at the start of any renewal time frame. Accordingly, until a new Exhibit A-2 has been prepared and agreed to between the PARTIES, the PARTIES agree that the COUNTY will bill the CITY and the CITY will pay the COUNTY at the same billing rates paid in the previous year. Upon the PARTIES agreement on a new Exhibit A-2, the CITY and COUNTY will reconcile payments to date under the previous years billing rates with the new billing rates. Any underpayment for any Services will be due in the first payment due following reconciliation. Any overpayment for any Services will be credited to the first monthly payment due following the reconciliation. The PARTIES agree that no interest shall be owing by either Party to the other Party for any overpayment or underpayment determined as a result of the reconciliation. Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of 180 days written notice as provided for in Section 7 to the other Party. SECTION NO. 5: COST OF SERVICES AND PAYMENTS The CITY shall pay the COUNTY the costs for Services provided under this Agreement as set forth in Exhibit A, attached hereto and incorporated herein by reference: The COUNTY CEO shall advise the CITY Manager as soon as possible of any anticipated or unanticipated capital improvement costs that arise during the contract period. Any such capital improvement costs shall be amortized over the useful life of the improvement, and the increased cost in the Agreement resulting from the improvement shall be calculated by the PARTIES and paid within 30 days of receipt of request by the CITY. Any capital improvement for which the COUNTY seeks reimbursement from the CITY must be necessary to fulfill the requirements of this Agreement. The COUNTY will bill the CITY for the cost of Services monthly, by the 15th of the month for the previous month. Payments by the CITY will be due by the 5th day of the following month. At the sole option of the COUNTY, a penalty may be assessed on any late payment by the CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. The CITY may dispute any monthly billing. Pending resolution of any dispute, the PARTIES agree that the CITY shall pay timely that portion of the bill that is undisputed. In the event the CITY disputes any monthly billing it shall include in conjunction with the monthly Page 3 of 18 -o4•SS payment a letter stating with specificity the basis for the dispute. The PARTIES agree to meet within thirty (30) calendar days of the COUNTY's receipt of the documentation letter stating the basis for the CITY disputing any monthly billing to resolve the matter. In the event the PARTIES cannot mutually resolve the matter within the thirty (30) calendar day time frame, unless otherwise agreed by the PARTIES, the matter shall be resolved pursuant to the Dispute Resolution provisions set forth in Section 17. The selection of arbitrators as provided for in Section 17 shall commence within thirty (30) calendar days of the running of the thirty (30) calendar day time frame. Any resolution of a disputed amount through use of the arbitration process identified in Section 17 shall include, at the request of either Party, a determination of whether interest is appropriate, including the amount. SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES The COUNTY or designees agree to attend staff meetings as requested by the CITY Manager. The COUNTY or designees agree to meet upon request by the CITY Manager or his/her designee to discuss any Service provided under the terms of this Agreement. The CITY agrees the COUNTY may use the COUNTY'S stationery in conjunction with providing Services under the terms of this Agreement. SECTION NO. 7: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such Party, or at such other address as either Party shall from time -to - time designate by notice in writing to the other Party: COUNTY: CITY: Page 4 of 18 Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 9- 09gg SECTION NO. 8: REPORTING Reports The COUNTY shall provide the CITY with reports documenting actual usage under this Agreement at the same time each invoice requesting payment is made, unless otherwise mutually agreed by the Parties. The Parties agree that the terminology "reports documenting usage" means that type of information provided by the COUNTY to the CITY in the 2004 agreement for Services. Such reports shall be in a format as mutually agreed to between the Parties. The content and/or format for such reports may be changed from time -to -time by written agreement between CITY and COUNTY staff. Records Review The CITY shall be allowed to conduct random reviews of the records generated by the COUNTY in performance of this Agreement. The CITY will provide the COUNTY with reasonable advance notice of the records reviews. The Parties agree that they will make best efforts to achieve a resolution of any potential records confidentiality issues, including entering into confidentiality agreements or other similar mechanisms that will allow disclosure of the necessary information to accurately conduct a records review. If the CITY will be allowed to view only those records directly relating to Services provided within CITY's corporate boundaries, then the COUNTY must keep a log of original documents used to charge the CITY, and those documents must have identifying numbers or letters so the original source documents can be easily retrieved. SECTION NO. 9: COUNTERPARTS This Agreement may be executed in any number of counterparts, 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. 10: ASSIGNMENT No Party may assign in whole or part its interest in this Agreement without the written approval of the other PARTY. SECTION NO. 11: COUNTY EMPLOYEES The COUNTY shall appoint, hire, assign, retain and discipline all employees performing Services under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws. The COUNTY agrees to meet and confer with the CITY with respect to staff that is assigned to provide Services. Issues of discipline or performance will be specifically handled according to COUNTY policies. Page 5 of 18 9- o?gg SECTION NO. 12: LIABILITY (a) The COUNTY shall indemnify and hold harmless the 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 the 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 the CITY, the COUNTY shall defend the same at its sole cost and expense; provided that the CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the CITY, and its officers, agents, and employees, or jointly against the CITY and the COUNTY and their respective officers, agents, and employees, the COUNTY shall satisfy the same. (b) The CITY shall indemnify and hold harmless the 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 the 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 the COUNTY, the CITY shall defend the same at its sole cost and expense; provided that the COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the COUNTY, and its officers, agents, and employees, or jointly against the COUNTY and the CITY and their respective officers, agents, and employees, the 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. (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 Party's duty to indemnify shall survive the termination or expiration of the Agreement. (f) The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, chapter 51 RCW, Page 6 of 18 9-098$ 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) The COUNTY and the CITY agree to either self insure or purchase policies 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 liability coverages. SECTION NO. 13: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. The COUNTY shall be an independent contractor and not the agent or employee of the CITY, that the 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 COUNTY. Any and all employees who provide Services to the CITY under this Agreement shall be deemed employees solely of the COUNTY. The COUNTY 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 the CITY shall be deemed to be an employee, agent, servant or representative of the COUNTY for any purpose. SECTION NO. 14: MODIFICATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. SECTION NO. 15: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in conjunction with providing the Services shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. SECTION NO. 16: ALL WRITINGS CONTAINED HEREINBINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. Page 7 of 18 ?- 0988 SECTION NO. 17: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the 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 and the CITY Manager. If the COUNTY CEO and the CITY Manager cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04 RCW shall be applicable to any arbitration proceeding. The COUNTY and the 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 7.04 RCW. The costs of the arbitration panel shall be equally split between the PARTIES. SECTION NO. 18: 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. 19: 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. 20: RECORDS All public records prepared, owned, used or retained by the COUNTY in conjunction with providing Services under the terms of this Agreement shall be deemed CITY property and shall be made available to the CITY upon request by the CITY Manager Page 8 of 18 9-©9gg subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. The COUNTY will notify the CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the COUNTY'S response thereto. SECTION NO. 21: HEADINGS The section 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. 22: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case either 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 Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. SECTION NO. 23: 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 COUNTY which render legally impossible the performance by the COUNTY of its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO. 24: FILING This Agreement shall be filed by the County with such offices or agencies as required by chapter 39.34 RCW. SECTION NO. 25: EXECUTION AND APPROVAL The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. SECTION NO. 26: INITIATIVES The PARTIES recognize that revenue -reducing initiative(s) passed by the voters of Page 9 of 18 Washington may substantially reduce local operating revenue for the 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 revenue -reducing initiative(s). 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. 27: 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. 28: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party's authority or powers under laws. SECTION NO. 29: SUPERSEDE This Agreement shall supersede and terminate that agreement between the Parties entitled "INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE VALLEY REGARDING PROVISION OF ROAD MAINTENANCE SERVICES" executed by Spokane County on March 7, 2006, and executed by the CITY on February 16, 2006. SECTION NO. 30: ASSURANCE The CITY shall pay the COUNTY the true and full cost of all Services provided under this Agreement. The intent of the Parties is that neither Party will subsidize the other and that the CITY will not subsidize any other jurisdiction that is receiving similar services. Page 10 of 18 IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON TODITMIELKE, Chair RIC , Vice Chair Daniela Eric !n 9' p 9gs' BONNIE MAGER, Commi Toner Clerk of the Board DATED: j (: APPROVED AS TO FORM ONLY: Officeif the City Attorney Page 11 of 18 CITY OF SPO VALLEY EXHIBIT "A" TRAFFIC MAINTENANCE PROVISIONS SECTION NO. 1: COST OF SERVICES AND PAYMENTS In consideration for COUNTY providing services as set forth herein, CITY shall pay COUNTY for annual costs (monthly bills will include costs by activity for direct labor for each employee, supervision, employee benefits, equipment rental, materials and supplies, utilities, subcontracted work and permits) after receipt of invoices and supporting documentation to include copies of timecards, updated material costs and quantities, and summary reports for labor and equipment charges as identified in Exhibit A-4, and overhead costs as described in Exhibit A-3. Standard labor rates can be affected by overtime, extra holiday pay, shift differential, labor contracts, and on-call rates. Labor and equipment rates are shown in Exhibit A-2 for 2009 and will be reviewed and modified when required. COUNTY will notify CITY in writing of any changes to or modifications of the labor and equipment rates. Estimated costs for requested services in future years will be provided by the CITY as a part of annual budget discussions. CITY shall pay COUNTY for the full cost (including salary, benefits, supplies, materials, equipment, and administrative overhead costs) of providing CITY with rapid - response staff in responding to emergencies as outlined in Section 2B of this Exhibit. SECTION NO. 2: COST OF SERVICES AND PAYMENTS A. County Responsibilities — Services COUNTY will provide traffic maintenance services as identified in Exhibit A-1. The CITY will direct these services within the limits of COUNTY'S operational workforce and equipment. Actual levels of service provided by COUNTY will be those adopted by CITY and COUNTY in annual budget processes. COUNTY is a contractor for CITY and will provide services requested by CITY so long as such services are within COUNTY'S ability to provide. Actual services provided by COUNTY shall be of the type, nature and magnitude subsequently negotiated between CITY and COUNTY during the PARTIES' annual budget and planning processes. After adoption of budget and plan, within the constraints of the base level services program described, CITY may request adjustments to individual tasks in order to meet specific needs. COUNTY shall consider all such requests and, whenever practicable, alter the work program as necessary. COUNTY is a contractor of services only and does not purport to represent CITY professionally other than in providing the services requested by CITY. Page 12 of 18 0988 B. COUNTY and CITY Coordination COUNTY will identify specific liaisons for traffic, maintenance services to handle day-to-day operational activities related to basic and discretionary services. CITY will identify a liaison for the same purposes. The liaisons will meet regularly with the CITY to review scheduled daily work activities, future planned work activities, completed work activities and the overall performance of this Agreement. Emergency work, including 911 calls, will be referred directly to COUNTY personnel. COUNTY will maintain an emergency contact list with the CITY and 911 dispatch centers. Emergency work to protect public safety and/or property will be handled as COUNTY and/or CITY liaisons deems necessary. Emergency work may include, but is not limited to repair of traffic signal malfunctions, or replacement of downed stop signs. CITY liaison will be informed of the incident as soon as practicable. Non -emergency citizen requests, during regular CITY operating hours, will be referred to CITY. CITY will be responsible for prioritizing requests and arranging with COUNTY for work to be done. C. CITY Responsibilities In conjunction with COUNTY providing the services described in Subsections A and B of this Section, CITY, in executing this Agreement, does: (1) Confer on COUNTY the authority to perform the traffic maintenance services within CITY limits for the purposes of carrying out this Agreement. (2) Agree that when COUNTY provides engineering and administrative services for CITY, County Engineer may exercise all the powers and perform all the duties vested by law or by resolution in the City Engineer or other officer or department of the City charged with street administration. (3) Adopt by reference all ordinances, resolutions and codes necessary to provide authority for COUNTY to perform the services under this Agreement. Attachment List: A-1 Services A-2 2009 Employee and Equipment Rates A-3 Overhead Cost Definition A-4 Invoice Supporting Documentation Page 13 of 18 SERVICES EXHIBIT A-1 Spokane County will provide traffic maintenance services within CITY limits of Spokane Valley at the levels described in Section 1 of the Agreement, as follows (actual levels of service provided by COUNTY will be those adopted by CITY and COUNTY in annual budget processes). Traffic maintenance service levels as set by CITY shall reflect City policies and may or may not be similar to County policies. CITY shall be solely responsible for setting service level policies for all roadway features. COUNTY is merely a contractor for purposes of implementation of City policy. A. Traffic Maintenance — The following are examples of traffic maintenance services provided by COUNTY. Actual services will be in the magnitude, nature and manner requested by CITY. (1) Sign Maintenance: Replacing faded sign faces and broken posts, straightening leaning posts, relocating signs for visibility, maintenance of vandalized signs or signs damaged by vehicle accidents, removal of signs when appropriate, manage sign maintenance records. (2) Crosswalk Marking: Refurbishing, installing new, and removal when appropriate. (3) Stop Bars Marking: Refurbishing, installing new and removal when appropriate. (4) Arrows/Legends Marking: Refurbishing, installing new and removing when appropriate. (5) Curb Painting: Maintenance of curbing and islands. (6) Striping: Painting linear road stripes on pavement, such as centerlines, edge lines, radius and channelization, and removal of line, stripes or symbols from the pavement. (7) Repair and replacement of street light heads, poles, wiring or bulbs in existing street lights which are incorporated within traffic signal systems. (8) Utility Locating: Locating underground traffic facilities for utilities or other digging operations. (9) Signal Maintenance: Replacing and cleaning light systems for signal and flasher displays and signs, installation and repair of vehicle detector loops, Page 14 of 18 checking and adjusting signal timing, examining traffic signal operation to assure it is operating as intended, inspecting hardware for wear or deficiencies, testing and repairing of electronic control devices and components, repair or replacement of signal and flasher displays, supports or wiring external to controller cabinets, testing of new and modified cabinets and control devices, traffic counter testing and repair and preventative maintenance. (10) Flasher/Crosswalk Preventative Maintenance: Examining to assure equipment is operating as intended and inspecting hardware for wear or deficiencies and repairing components as required. Page 15 of 18 9-69g'S EXHIBIT A-2 Page 16 of 18 9 -©9gg EXHIBIT A-2 SPOKANE COUNTY SIGN AND SIGNAL MAINTENANCE 2009 Standard Labor and Equipment Rates MAINTENANCE WORKERS MONTHLY RATE (a) HOURLY RATE 1.5 X RATE (b) 2.5 X RATE (c) TITLE CLASS X-tra Help (5 month position) 2231X4 $2,758 $15.91 $17.39 $28.99 Traffic Signal Technician 2 2311 $8,703 $50.21 $44.73 $74.55 Traffic Signal Technician 3 2312' $9,429 $54.40 $49.43 $82.38 Chief Traffic Signal Technician 2313 $10,023 $57.82 $53.27 $88.79 Traffic Sign Technician 1 2242 $6,914 $39.89 $33.15 $55.25 Traffic Sign Technician 2 2265 $7,595 $43.82 $37.56 $62.60 Traffic Sign Technician 3 2274 $8,047 $46.42 $40.46 $67.47 Traffic Sign Technician 4 2287 $8,533 $49.23 $43.63 $72.71 Chief Traffic Sign Technician 2283 $9,820 $56.65 $51.96 $86.60 ADMINISTRATION & MANAGEMENT MONTHLY RATE (a) HOURLY RATE SOT RATE (d) 2.5 X RATE (e) TITLE CLASS Engineer 3 2335 $10,846 $62.57 $45.63 nla EQUIPMENT CHARGES HOURLY RATE TYPE CLASS 1.5 Ton Truck TCL4M $11.00 Bucket Truck TCL3B $7.50 Class 4 Truck TCLS4 $12.00 Heavy Use Truck TCL6L $7.50 1/2 Ton Truck PU1/2 $3.75 Compact 4X4 P4X4C $4.65 Mini Van VANMC $4.00 Midsize Sedan CARMD $3.00 Striper Truck PTRKC $15.00 (a) The "Monthly Rate" is the loaded labor rate per month for the class of employee at a top step placement, including benefits and L&I expenses (b) The 1.5 X rate is the overtime labor charge per hour worked over normal working hours. (c) The 2.5 X rate is the overtime labor charge per hour worked for working recognized holidays. (d) Supervisors are paid Straight Overtime (SOT) not the 1.5 X rate of the Technicians. (e) The straight overtime rate is also applied to recognized holiday pay resulting in 2 X not 2.5 X allowed for Technicians. Note 1: Call -out after normal working hours is charged a minimum 3 hours at the 1.5 X overtime rate. Note 2: All rates are based on the most current labor contract available. Note 3: Spokane County reserves the right to utilize any qualified worker for the City of Spokane Valley contracted work. Exhibit A-2, Page 1 of 1 `--0988 10/19/09 INTERLOCAL COUNTY AGREEMENT EXHIBIT A-3 COUNTY ROAD ADMINISTRATION OVERHEAD CALCULATION SHEET 2006 EXPENDITURES ACCOUNT TITLE 2008 Actual Aaencv Ora 4000000 50800 Beginning Fund Balance - 51999 Reimbursable 2,985,691 Administration 54310 Management 165,997 54320 Undistributed Fringe 2,744,919 54330 General Services 2,753,189 54340 Planning 854,170 54350 Faciliites 242,716 54360 Training 303,724 54370 Undistributed Indirect Labor Cost 1,895,543 Total Administration 8,760,258 Miscellaneous 59119 Principal -General Government 847,763 59200 interest 279,133 59443 Capital -Equipment 20,904 Total Miscellaneous 1,147,800 59700 Operating Transfers Cost Allocation 1,110,737 Public Works Administration 150,500 Permit Center Bonds 238,409 Sewer Construction - Transfer to 010 for Geiger Spur Expenditures - Total Operating Transfers 1,499,646 ' Maintenance 54230 Roadway 4,715,502 54240 Storm Drainage 979,629 54250 Structures 143,331 54261 Sidewalks 5,802 54263 Street Lighting 156,626 54264 Traffic Control Devices 1,644,795 54266 Snow & ice Removal 6,767,850 54267 Street Cleaning 694,272 54270 Roadside Development 1,160,361 54290 Maintenance Administration 1,077,080 Total Maintenance 17,345,248 Construction 59510 Engineering 521,970 59515 Construction Engineering 638,242 1 of 2 59520 59530 59540 59550 59561 59562 59563 59584 59570 59590 Agency Org 4000000 Aoencv Orq 420000 5000 Agency Orq 4210000 5000 Right fof Way Roadway Storm Drainage Structures Sidewalks Special Purpose Paths Street Lighting Traffic Control Devices Roadside Development Construction Administration Total Construction Subtotal Engineer Grants Unclassified State Grants Unclassified Total Expenditures 319,467 9,305,718 277,569 144,289 80,534 32,486 866,412 285,820 98,925 12,671,432 44,309,975 2,677,235 2,118,457 49,105,667 ORIGINAL PERCENTAGE CALCULATION Administration Miscellaneous Operating Transfers TOTAL ADMINISTRATION TOTAL EXPENDITURES Adjusted for Construction Expenditures TOTAL COUNTY EXPENDITURES CALCULATION County Road Administration Overhead Percentage 2 of 2 8,760,258 20,904 1,499,646 10,280,808 49,105,667 (13,488,967) 35,616,700 29% EXHIBIT A-4 BILLING DOCUMENTATION The following items are available throughout the billing cycle to the City by the County to aid in auditing the monthly bill for services. 1. Copies of employee time cards. 2. Current County costs of inventoried items. 3. Current costs for contracted materials. 4. Current rental charges for fleet vehicles. 5. Summary Reports of Labor and Equipment. Page 18 of 18 AGREEMENT NO. GM -01508 STATE OPERATION AND MAINTENANCE OF CITY -OWNED TRAFFIC SIGNALS AND ILLUMINATION SYSTEMS This Agreement is made and entered into between the STATE OF WASHINGTON, Department of Transportation, hereinafter the "STATE," and City of Spokane Valley, a Washington municipal corporation, hereinafter the "CITY " WHEREAS, the CITY does not have sufficient staff and adequate equipment to perform the work descnbed herein, and WHEREAS, on March 28, 2003 the CITY and STATE entered into Agreement, GM -01398, which provided for STATE operation and maintenance of certain traffic signal and illumination systems at city streets that intersect with State Route (SR) 290 and SR 27, and WHEREAS, the CITY and STATE desire to enter into a new Agreement to meet current practices and update the estimated annual costs, and WHEREAS, both Parties wish to terminate Agreement GM -01398 upon execution of this new Agreement GM -01508, which will provide for continued STATE operation and maintenance of the traffic signal and illumination systems now covered under Agreement, GM -01398 and any future signal and/or illumination additions or deletions, as well as repair or replacement of existing signal and/or illumination systems, and WHEREAS, it would be to the mutual benefit of the STATE and the CITY for the STATE to perform the operation and maintenance of certain traffic signal and illumination systems to the extent set forth in this Agreement, and to establish, in writing, each Party's responsibility, NOW, THEREFORE, pursuant to RCW 47 28 140 and in consideration of the terms, conditions, covenants, and performance contained herein or attached and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS 11 1 GENERAL The STATE agrees to perform, at CITY expense, certain maintenance and operation activities on identified CITY -owned traffic signal and illumination systems as listed in Exhibit A (Parts 1 and 2), which is attached hereto and by this reference made part of this Agreement 1 2 The CITY and STATE will meet as necessary to coordinate system changes and address maintenance and operations issues for certain CITY -owned traffic signal and illumination GM 01508 Page 1 of 7 C-09- lo8 systems The CITY shall retain ownership of said traffic signal and illumination systems The STATE will coordinate review of proposed changes to these systems with the CITY pnor to implementation, unless extraordinary circumstances require the STATE to make changes to such systems without the CITY's concurrence In the event a condition exists resulting from storm damage, third party damage, or other extraordinary reason, the STATE may remove any obvious and immediate traffic hazards before notifying the CITY The STATE is responsible for implementing and maintaining necessary traffic control from the point at which the condition is identified, at CITY expense, until the CITY has had time to respond with its own traffic control after notification 2 STATE RESPONSIBILITIES Subject to the terms of this Agreement, the STATE, solely at the cost and expense of the CITY, agrees to operate and maintain the traffic signal and illumination systems by performing the tasks following 2 1 Provide Routine Maintenance and Operation a Signal phasing and timing plans and adjustments thereto The CITY's Public Works Director or designee shall review any proposed revision before signal timing or phasmg is implemented b Removal and replacement of failed components (0 e load switches, loop amplifiers, conflict monitors, etc) inside the control cabinet The components installed by the STATE shall be furnished by the CITY, or the STATE may elect to furnish the components and then be reimbursed by the CITY c Routine preventative maintenance, including controller equipment (inside the controller cabinet) and display and detection equipment (including, but not limited to, signal heads, lamps, etc) and the illumination system to the extent consistent with the STATE's current preventative maintenance standards d Maintain all associated signal system interconnects e Perform locates for underground infrastructure t Maintain accurate maintenance records, as to the time and materials used m completing the vanous tasks for each traffic signal and illumination system 2 2 Provide Emergencv Mamtenance Perform emergency mamtenance at CITY expense for damage caused by accidents, vandalism, adverse weather or unanticipated forces or actions on the traffic signals and illumination systems Emergency maintenance includes repair or replacement of traffic signal systems and illummation systems or components thereof, and the necessary traffic control for STATE workers to perform the work The STATE shall notify the GM -01508 Page 2 of 7 • CITY within twenty-four (24) hours of the emergency work and include any information the STATE may possess if the damage was caused by a third party 2 3 Standards Work to be performed by the STATE will be consistent with current STATE practices for the operation and maintenance of traffic signal systems and illumination systems as follows a Cole Vl1\ llts employed m traffic signal systems,Intelligent Transportation (ITS) r employed r�6� r Systems(ITS) or any other electncal installation will conform to requirements of WAC 296-46B-901, Traffic Management Systems b The STATE shall document work performed in Signal Maintenance Management records 3 CITY RESPONSIBILITIES 3 1 The CITY agrees to reimburse the STATE for the actual direct and related indirect costs of the work to be performed under this Agreement as shown m Exhibit A (Parts 1 and 2) and further descnbed m Section 6 3 2 The CITY agrees to be responsible for the payment of operational powcr costs of all traffic signals and illumination systems covered by this Agreement 3 3 Except as listed in Section 2, the CITY shall provide all other maintenance, operation, repair, and replacement work for traffic signals and illumination systems listed in Exhibit A (Parts 1 and 2) 3 4 CITY shall be responsible for recovenng the costs of damages caused by a third party pursuant to Section 2 2 4 SUPPLEMENT ADDITIONS OR DELETIONS, REPAIR OR REPLACEMENT OF TRAFFIC S[GNAUILLUMINATION 4 1 Should the CITY request the STATE to include or delete existing traffic signal and illumination systems, or perform other traffic signal and illumination work not otherwise covered by this Agreement, the STATE may agree to include or delete the traffic signal systems, or perform the extra work at CITY expense In this event, the Parties will enter into a supplement to this Agreement Said added or deleted traffic signal and illumination systems, or extra work shall be mutually agreed upon and incorporated by wntten Supplement to this Agreement, and signed by authorized representatives of the Parties hereto 4 2 When other traffic signal and illumination work is being performed pursuant to Section 4 1, the CITY agrees, upon satisfactory completion of the work requested pursuant to a properly executed Supplement and receipt of a Notice of Physical Completion of the work performed by the STATE, to deliver a letter of acceptance which shall include a waiver and release of the GM -01508 Page 3 of 7 STATE from all future claims or demands of any nature resulting from the performance of the repair or replacement work under the applicable Supplement 4 3 Pnor to work acceptance pursuant to Section 4 2, the STATE and CITY will perform a joint final inspection 4 4 If a letter of work acceptance is not received by the STATE within ninety (90) calendar days following the Notice of Physical Completion of the repair or replacement work, the work shall be considered accepted by the CITY, and the STATE shall thereafter be automatically released from all future claims and demands of any nature resulting from the performance of the repair or replacement work under the Supplement 4 5 The CITY may withhold acceptance of work by submitting written notification to the STATE within ninety (90) calendar days following the Notice of Physical Completion of the repair or replacement work This notification shall include the specific reason(s) for withholding the acceptance 5 AMENDMENT 5 1 Either Party may request changes to the provisions contained in this Agreement Such changes shall be mutually agreed upon and incorporated by written amendment, or Supplement pursuant to Section 4, to this Agreement No vanation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the Parties hereto 5 2 A traffic signal or illumination system may be deleted from this Agreement at the sole discretion of the STATE upon thirty (30) calendar days written notice to the CITY 6 PAYMENT AND RECORDS 6 1 The current estimated actual direct and related indirect costs of routine maintenance and operation under this Agreement for each type of luminaire and signal are shown in Exhibit A (Parts 1 and 2) The CITY understands and agrees that the actual costs will nse in subsequent years as matenals, wages and other costs increase 6 2 The CITY agrees to reimburse the STATE for the actual direct and related indirect costs of work covered by this Agreement, including additional work provided for under Sections 2 2 and 4 The CITY agrees to make payment to the STATE within thirty (30) calendar days of receiving a properly detailed progress invoice from the STATE 6 3 The CITY agrees that reciprocal overhead agreement OH 00270, effective August 29, 2003, will not apply for this Agreement and agrees to reimburse the STATE all overhead as billed pursuant to the STATE s performance under this Agreement GM -01508 Page 4 of 7 6 4 The C1TY agrees that if it does not make payment for the labor, equipment, and matenals within ninety (90) calendar days after receipt of a STATE invoice, the STATE may deduct and expend any monies to which the CITY is entitled to receive from the Motor Vehicle Fund as provided by RCW 47 24 050 until the invoices) is paid in full 6 5 During the progress of any and all work performed by the STATE, and for a penod of not less than three (3) years from the date of payment to the STATE for that work, the records and ' ".ante pertaining said _work and accolurting therefore aro to he kept availaable for inspection aaw rwaas. g to said b r_____ and audit by the CITY 6 6 Copies of all records, accounts, documents, or other data pertaining to the work will be furnished upon request to the CITY at the CITY's cost 6 7 If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim or audit finding has been resolved even though such litigation, claim or audit continues past the three (3) year retention penod 6 8 In the event that it is determined that an overpayment has been made to the STATE by the CITY, the CITY will bill the STATE for the amount of overpayment The STATE shall pay the CITY for any STATE-venfied overbilling amount within thirty (30) calendar days after the STATE receives such billing from the C1TY The STATE agrees that if payment for any STATE- venfied overbilling is not made within forty-five (45) calendar days after the STATE has been billed for any STATE-venfied overbilling amount, the CITY may deduct any STATE-venfied overbilled amount from future invoice payments due to the STATE until such overbilled amount is satisfied 7 RIGHT OF ENTRY 7 1 The CITY grants the STATE a nght of entry upon all CITY nght of way and/or property in which it has an interest for the purpose of performing all work authorized under this Agreement and any Supplements and/or amendments hereto 8 TERM OF AGREEMENT/TERMINATION 8 1 The term of this Agreement shall be for up to one (1) year, beginning on the date last entered below, and ending on December 31 of that year This Agreement shall automatically be renewed on a calendar year basis unless pnor wntten notice of termination is given by either Party by the preceding November 1 of any such year Failure of either Party to notify the other of such termination on or before November 1 of any such year shall cause this Agreement to automatically be renewed for the next ensuing calendar year 8 2 Either the STATE or the CITY may terminate this Agreement for any reason with wntten notice to the other Party at the end of sixty (60) calendar days following receipt of notice Termination GM -01508 Page 5 of 7 of this Agreement shall constitute termination of all associated traffic signal/illumination Supplements and/or amendments Upon such notice and except as set forth in Section 10 herein, the STATE and/or CITY shall have no further responsibility of any kind or nature regarding the CITY -owned traffic signals and illumination systems, including any systems that were added to this Agreement by Supplement 8 3 Upon termination as provided herein, the STATE shall provide a final detailed invoice to the CITY and the CITY agrees to make payment pursuant to Section 6 2 8 4 The Parties mutually agree that (a) upon full execution of this Agreement and (b) all payments due and owing are made by the CITY under agreement No GM -01398, dated March 28, 2003, said agreement shall be terminated as to both Parties and for all work specified therein, regardless of the terms of Article VII of that agreement The Parties agree that the STATE shall invoice the CITY and the CITY shall remit payment to the STATE according to Article V of agreement No GM -01398, pnor to the termination of agreement No GM -01398 9 DISPUTES 9 1 In the event that a dispute arises under this Agreement which cannot be resolved between the Parties, the dispute shall be settled in the manner following Each Party to this Agreement shall appoint a member to a dispute board The members so appointed shall jointly appoint a third member to the dispute board who is not employed by or affiliated m any with the two Parties to this Agreement The dispute board shall evaluate the facts, contract terms, and applicable statutes and rules and make a determination of the dispute The determination of the dispute board shall be final and binding on the Parties hereto The CITY and the STATE shall each be responsible for their own costs and shall equally share in the cost of the third board member 10 LEGAL RELATIONS 10 1 Each Party to this Agreement shall protect, defend, mdemnify, and save harmless the other Party, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from the Party's own negligent acts or omissions performed under this Agreement No Party will be required to indemnify, defend, save harmless the other Party if the claim, suit, or action for injunes, death, or damages (both to persons and/or property) is caused by the sole negligence of the Party Where such claims, suits, or actions result from the concurrent negligence of the Parties, or involves those actions covered by RCW 4 24 115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligent acts or omissions 10 2 This indemnification shall survive the termination of this Agreement GM -01508 Page 6 of 7 10 3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any nght or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Spokane County, Washington, unless the filing in Spokane County conflicts with the provisions of RCW 47 28 120 The Parties shall be responsible for their own attorneys fees and costs 10 4 All claims brought which anse out of, in connection with, or incident to the work to be performed pursuant to the terms of this Agreement will be forwarded to the CITY for initial processing Any such claims believed to be caused by the concurrent or sole negligence of the STATE will be formally tendered to the Office of Financial Management/of Risk Management Division for processing pursuant to RCW 4 92 100 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date signed last below CITY OF SPOKANE VALLEY By C/�`—.��� By Date STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION City Man er Larry Chattertgh, Assistant Region Administrator for Maintenance and Operations 1y t 2e�E'l Date 7/V, APPROVED AS TO FORM APPROVED AS TO FORM By 6A-. P IC) By City Attorney Assistant Attorney General Date G " 24 '01 Date 26 GM -01508 Page 7 of 7 EXHIBIT "A" PART 1 ESTIMATED ANNUAL COSTS Roadway Illumination that the STATE will be maintaining and operating for the CITY LOCATION (SR & Side Road/Street) TYPE (WATTAGE) # OF LUMINAIRES LUMINAIRE PM COST LUMINAIRE EMERGENCY MAINT COST LOCATE COST 290@DICKEY 290@DOLLAR 290@BRADLEY 290@COLEMAN 290@LILY 290@BOWMAN 290@CENTER 290@ELLA 290@DICK 290@BESSIE 290@SARGENT 290@DALE 290@MAPLE 290@BOEING 290@FOWLER 290@BUTLER 290@WILLIAMS 290@LOCKWOOD 290@STEGNER 290@PIT 290@WOODLAWN 290@McDONALD 290@BEST 290@ADAMS 290@BURNS 290 EAST OF PINES 290@PROGRESS 290@SU LLIVAN 290@FLORA 290@MONTE DEL RAY 290@BARKER 290 a@WELLESLY 27 NEAR TRENT RR TRACKS 27@ 24TH and 28TH 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 250 WATT 310WATT 310WATT 310WATT 310WATT 310WATT 250WATT 310WATT TOTAL$ 4 3 5 3 3 4 3 3 3 3 4 2 9 3 3 3 3 3 3 3 3 3 6 3 3 7 3 10 4 3 6 2 2 8 133 5336 00 $252 00 $e2n nn 5252 00 5252 00 $336 00 5252 00 5252 00 5252 00 5252 00 5336 00 5168 00 5756 00 5252 00 5252 00 $252 00 $252 00 5252 00 5252 00 $252 00 5252 00 5252 00 5504 00 $252 00 5252 00 5588 00 5252 OD $840 00 5336 00 $252 00 5504 00 5168 CO 5168 00 $672 00 411 172.0e $400 00 $300 00 $500 00 $300 00 5300 00 $400 00 $300 00 5300 00 5300 00 5300 00 $400 00 $200 00 $900 00 $300 00 $300 00 5300 00 $300 00 $300 00 $300 00 5300 00 5300 00 5300 00 5600 00 5300 00 $300 00 5700 00 $300 00 $1 000 00 $400 00 5300 00 $600 00 5200 00 5200 00 5800 00 4/3,300'00 5200 00 5150 00 $250 00 5150 00 $150 00 5200 00 $150 00 $150 OD 5150 00 $150 00 5200 00 5100 00 $450 00 $150 00 5150 00 $150 00 $150 00 $150 00 5150 00 5150 00 5150 CO 5150 00 5300 00 $150 00 5150 00 5350 00 $150 00 $500 00 $200 00 $150 00 $300 00 $10000 $100 00 5400 00 $6.650 00 ESTIMATED ANNUAL COST PART 1 $31,12200 Luminaire PM cost was figured as follows 1 PM every 4 years This PM Includes clean fixture replace bulb service PM clean around bases and re torque bolts This is estimated to take 3 Transportation System Tech Cs 2 hours per each luminaire head Tech C bill rate as of March 2008 Is $47 86 per hour This PM will also take one bucket truck 7G5 senes which charges out at 514 39 per hour and a 2G2 series van which charges out at 52 54 per hour A lamp is approximately $1500 When you add labor 015287 16 plus 533 86 for vehicle plus $15 00 for parts you got a total of $336 02 Since this charge occurs every 4 years thls total is divided by 4 for an average yearly cost approximately 584 per luminaire head Luminaire emergency maintenance cost is an educated guess for an average per year It could be substantially more than the estimate depending on circumstances Locate costs are an average per year based on the last 2 years expenses GM 01508 Exhibit A Page 1 of 2 EXHIBITA PART 2 ESTIMATED ANNUAL COSTS Traffic Signals and Roadway Illuminabon that the STATE will be maintaining and operating for the CITY LOCATION & S1de RnadI$ reet�.t . # OF SIGNALS # 4E t.UMINARES (4,4<ir 31ouArt) Lt�K+it3Alf�E PM COST SIGNAL PM COST . �R P{It1 QST Li1MU4AiRE Emekse 4C'* MA1NT COST_ Si�M#Af ,emeRGENGY MAINT COST., RASHER EMERGENCY .... MA NI OC $Y ....... OGNAL OP AtIOM , COs .,..-..... L cA1 COST' .................... 290@PARK 290@VISTA 290@ARGONNE 290@PINES 290@EVERGREEN 290@UNIVERSITY 27@MANSFIELD 27@MISSION 27@BROADWAY 27@SPRAGUE 27@ 16TH 1 27 32ND 1 7404.$>—' 11 1 1 1 0 1 1 1 1 11 4 10 5 2 1 6 6 8 16 7 7 5924 00 5336 00 5840 00 $420 00 5168 00 $84 00 $504 00 $504 00 $672 00 51 344 00 5588 00 $588 00 ^n.872 00 51 750 70 $1 750 70 51 750 70 $1 750 70 $1 750 70 5000 $1 750 70 51 750 70 $1 750 70 51 750 70 $1 750 70 51 750 70 50 00 5000 50 00 50 00 $000 $325 30 50 00 50 00 $0 00 50 00 $0 00 5000 $1 100 00 $400 00 51 000 00 5500 00 5200 00 5100 00 5600 00 5600 00 5800 00 51 600 00 5700 00 5700 00 5500 00 $500 00 $500 00 5500 00 5500 00 5000 5500 00 $500 00 5500 00 $500 00 5500 00 5500 00 $0 00 50 00 $000 50 00 $0 00 5300 00 50 00 50 00 50 00 50 00 50 00 50 00 —WOW $1 385 70 51 385 70 51 847 60 51 385 70 $1 385 70 $0 00 51 847 60 51 847 60 $615 71 $615 71 5615 71 $1,385 70 r"; 1117-0 Washington State Department of Transportation Paula J Hammond, P E SecreIary c;f TransrDriatIon July 13, 2009 Inga Note Traffic Engineer City of Spokane Valley 11707E Sprague Ave , Suite 106 Spokane Valley, WA 99206 RE Maintenance of Traffic Signal & Illumination Systems Agreement No GM -01508 Dear Ings Eastern Region i+' 'true! 1, 3,4 -t11-:,1 F-1> -C= _ a 6037 IT) 1,1a n33P nr ;aSCO" to icy Please find enclosed one fully executed original of Agreement No GM 01508 for your records Please call Darryl Ratcliff at (509) 324-6122 if you have any questions Si rely, Darryl Ratcliff Eastern Region Agreements Engi neer DRR drr Enclosures cc H White file CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 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, and an Info Only RCA on July 11, 2017. 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 1,000's) Mullan Rd — Broadway Ave. to Indiana Ave (PE & CN) $911 $728 $1831 University Rd — 16th to Dishman Mica Rd (CN Only) $2,276 $1,821 $455 1 Broadway Ave - Argonne Rd and Mullan Rd intersections (CN Only) $2,250 $1,800 $450 2 Sidewalk Program (SP) ($'s in 1,000's) Mission Ave. Sidewalk — Bates to Union (PE &CN) $377 $302 $75 2 Matching Funds Source: Pavement Preservation 2 Matching Funds Source: REET OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: The City's required match on TIB funded projects is 20% of the total grant request. If the City does not receive grant funding for one of the pavement preservation projects, adjustments may be necessary to the pavement preservation schedule to provide the necessary match to ensure sufficient REET funds (#301 and #302). This approach leverages the pavement preservation fund (#311) to match awarded grants ultimately providing more dollars to support the pavement preservation program. 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: Mission Ave Sidewalk - Bowdish Rd to Union Rd Mission Ave Existing Roadway Ex. Bike New Lane Sidewalk Lege nd -•-•-■ Sidewalk Project Existing Sidewalk/Pathway BPMP Safe Routes to School ---- New 6" Curb Mission Ave Sidewalk - Cross Section not to scale ---____-- 100 200 300 400 5 aoFeet 2018 2019 2020 2021 2022 2023 Project Description: This project provides approximately 1,750 feet of sidewalk on the north side of Mission Avenue from 160 feet east of Union Road to Bowdish Road. The project includes minor site grading and preparation, placement of base rock, miscellaneous paving, new concrete sidewalk, and minor landscape restoration. The surrounding properties are zoned as Single Family Residential. Mission Avenue is designated as a Minor Arterial with a posted speed limit of 35 mph. Benefits of Project: The project will fill a much needed sidewalk gap connecting Pines Road to Valley Mission Park. Pedestrians currently walk on the narrow shoulder along Mission Avenue. The project will result in a continuous sidewalk from Pines Road to Bowdish Road. It will also provide a clear and delineated surface for people utilizing the existing bus stop on Pines Road. Project Cost Estimate: Preliminary Engineering (PE) = $ 47,000 Construction (CN) = $330,000 Estimated Total Project Cost = $377,000 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 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: Council Goals and Priorities for Lodging Tax Advisory Committee (LTAC). GOVERNING LEGISLATION: Imposition of tax, set-up of LTAC and determination of qualified expenditures is governed by RCW 67.28, as amended by Engrossed Substitute House Bill 1253 in 2013; and SVMC 3.20. See also Spokane Valley Municipal Code 3.20. PREVIOUS COUNCIL ACTION TAKEN: No action on the 2017 process leading to 2018 awards has been taken thus far. Council goals and priorities for using lodging tax revenues to benefit tourism in Spokane Valley were last reviewed by Council on July 26, 2016. BACKGROUND: The Tax Rate: In 2003, the City imposed an initial 2% lodging tax on all charges for furnishing lodging at hotels and motels pursuant to RCW 67.28.180. This tax is taken as a credit against the 6.5% state sales tax, so that the total tax a patron pays in retail sales tax and the hotel/motel tax combined is equal to the retail sales tax in the jurisdiction — which for Spokane Valley is 8.8%. The estimated revenues for the initial 2% lodging tax in the 2017 and 2018 Budgets are currently $580,000 based upon collections during 2016 and year-to-date collections for 2017. On April 14, 2015, the City imposed an additional 1.3% lodging tax pursuant to RCW 67.28.181. This tax is in addition to the existing 8.8% sales tax imposed in Spokane Valley, and when combined with a 2.0% lodging tax imposed by the Spokane Public Facilities District causes the total lodging tax rate in Spokane Valley to equal 12.0%. This additional lodging tax went into effect July 1, 2015. We currently estimate the 1.3% lodging tax will generate approximately $377,000 in 2017 and 2018. 1 The combined sales and lodging tax rates are shown in the table below: Sales tax State of Washington City of Spokane Valley Spokane County Criminal Justice Spokane PFD Public Safety Juvenile Jail Mental Health Law Enforcement Communications Spokane Transit Authority Total sales tax Tax Components Retail 1 Hotel 6.50% 0.85% 0.15% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.70% 4.50% 0.85% 0.15% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.60% 8.80% 6.70% Lodging tax City of Spokane Valley (initial 2.0% tax) 0.00% 2.00% City of Spokane Valley (additional 1.3% tax) 0.00% 1.30% Spokane PFD 0.00% 2.00% Total lodging tax 0.00% 5.30% Total tax 8.80% 12.00% Lodging Tax Advisory Committee (LTAC) The organizations to which the tax proceeds are distributed are ultimately determined by the City Council which receives a recommendation from the LTAC. The LTAC is comprised of five members who are appointed by the City Council, and by State law the Committee membership must include: • At least two representatives of businesses that are required to collect the tax, • At least two people who are involved in activities that are authorized to be funded by the tax, and • One elected city official who serves as chairperson of the LTAC. The LTAC makes its recommendations based upon a combination of written application materials and a presentation that is made to them by each applicant. State Rules Governing Use of the Initial 2% Lodging Tax In 2013 the Washington State Legislature approved Engrossed Substitute House Bill (ESHB) 1253 which amended the lodging tax revenue, application process, selection process, and reporting requirements. ESHB 1253 specifically retained the City's authority to use lodging tax revenues to fund: • Tourism marketing. • The marketing and operations of special events and festivals. • The operations and capital expenditures of tourism -related facilities owned or operated by a municipality or public facility district. 2 • The operations (but not capital expenditures) of tourism -related facilities owned or operated by non-profit organizations. ESHB also established new application and reporting procedures for cities with a population greater than 5,000 that applicants must now submit their applications to the Lodging Tax Advisory Committee. The application is required to estimate how the grant award requested will result in increases in the number of people traveling to the City for business or pleasure in the following categories: • Away from their place of residence or business and staying overnight in paid accommodations; • To a place 50 miles or more one way from their place of residence or business for the day or staying overnight; or • From another country or state outside their place of residence or their business. Through 2012, the City Council could, at its option, supersede the recommendation of the LTAC and award lodging tax funds to applicants in the amount the Council collectively determined was appropriate based upon their own goals and priorities for promoting conventions, festivals, special events, and tourist travel. However, ESHB 1253 altered this authority and now Council's power has been limited to either accepting the recommendations of the LTAC and make the awards as recommended, or reject the recommendations of the LTAC and decline to award specific proposals. Council may opt to accept some but not all of the recommendations for those proposals it feels are appropriate. However, Council cannot change the amount of any recommended award. In the event Council agrees with some but not all of the LTAC recommendations, some money may be "unallocated" and in that event Council would have to decide whether they would hold an additional application round or retain this money until the following year's award process. Council Goals and Priorities for Use of the Initial 2% Lodging Tax In August 2013 Council for the first time adopted goals and priorities that it encouraged the LTAC to consider when making award recommendations, which Council updated in August 2014, August 2015, and July 2016 to the following: 1. Council will focus on using lodging taxes to create distinct and identifiable increases in Spokane Valley tourism. As part of this goal, Council will use lodging taxes for the purposes allowed in State law, which include: a. Tourism marketing b. The marketing and operations of special events and festivals c. The operation and capital expenditures of tourism related facilities owned or operated by a municipality or public facility district d. The operation (but not capital expenditures) of tourism related facilities owned or operated by non-profit organizations. 2. Council desires that 20% of total grant monies awarded be directed towards funding new and innovative projects, activities, events or festivals that will distinguish Spokane Valley as a tourism destination. 3. Council will emphasize the utilization of funds for capital expenditures to develop tourism destination facilities or venues within the City of Spokane Valley as a means of drawing additional visitors to the City (recognizing that this option is limited to facilities owned by a municipality or public facility district). Council would like to move in the direction of allocating a majority of lodging taxes toward this purpose. 3 4. Council recognizes that lodging nights are an important measure of a successful event or marketing program and will place higher consideration on events or programs with a demonstrable history of increasing overnight stays; however, Council will also take into consideration the economic impact of all major components of our tourism -based economy including shopping, dining and overnight visits. 5. Programs, projects or events should have the goal of becoming operationally self-sustaining in the future. 6. Council will take into consideration revenues derived from lodging sources within Spokane Valley received by applicants from other municipal entities and agencies such as the Spokane County Tourism Promotion Authority and Spokane Public Facilities District. 2017 Timeline Leading to 2018 Awards of the Initial 2.0% Lodging Tax The calendar we plan to follow in 2017 for 2018 lodging tax awards is as follows: Wed 8/30/2017 City runs notice in newspaper, places on web site, and sends letters to 2017 award recipients and others agencies that may have expressed interest. Thurs 9/7/2017 4pm LTAC meeting at City Hall - review application - review Council Goals & Priorities for use of lodging tax Fri 10/6/2017 Grant proposals are due to City by 4pm (no late submittals will be accepted). Fri 10/13/2017 Applications sent to Lodging Tax Advisory Committee for review. Thurs 10/19/2017 8:30 am Applicant presentations to Committee. Tues 11/14/2017 Formal Council Meeting Admin Report: LTAC Recommendations to City Council Tues 12/12/2017 Formal Council Meeting City Council Motion Consideration: Award Lodging Tax for 2018 RCW 67.28.1817 requires that the City wait fora period of at least 45 days after the LTAC meeting before action can be taken by the City Council. 12/12/2017 Council Action 10/19/2017 LTAC meeting 54 days Additional 1.3% Lodging Tax The 1.3% additional lodging tax imposed by the City via Ordinance #15-008 went into effect July 1, 2015, and we received our first remittance from the State in September 2015. The total collected during 2016 for this tax was $387,333, and we are estimating revenues for 2017 and 2018 will be approximately $377,000 based upon collections during 2016 and year-to-date collections for 2017. 4 Proceeds of this tax are to be used solely for capital expenditures for acquiring, constructing, making improvements to or other related capital expenditures for large sporting venues, or venues for tourism -related facilities that generate overnight guests at lodging facilities. The ultimate commitment of these funds will follow an application and award process similar to that employed with the initial 2.0% lodging tax where the LTAC will consider an application and make a recommendation to the City Council which will have the final say on whether an award is made. It will be quite some time before we accumulate enough money to begin such a project but we currently anticipate any project(s) considered will be jointly developed by the City and our local hoteliers and will take into account not just the cost of constructing a facility but also the cost of future operations. It is noteworthy that the proceeds of the additional 1.3% lodging tax may only be used for the construction of a facility and may not be used for operations. RECOMMENDED ACTION OR MOTION: This is a discussion item only but staff is: 1. Seeking consensus from the Council on the goals and priorities the LTAC should consider when evaluating applications, and 2. Communicating to Council that the 2018 Budget is again being developed to set aside $30,000 of lodging tax revenues to enhance CenterPlace advertising expenses resulting in an increase in that marketing budget from $30,000 to $60,000. The Council is able to make this decision independent of any input from the LTAC because this represents a historical use by the City that preceded the Legislature's adoption of ESHB 1253. If the City desired the use of any additional lodging tax proceeds, it would be required to utilize the same application process noted above that is required of all other agencies seeking funding. BUDGET/FINANCIAL IMPACTS: In 2018 the 2% portion of the lodging tax is currently anticipated to generate approximately $580,000 and the 1.3% portion an additional $377,000. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: • Lodging Tax Award History — 2003 through 2017 5 H:\Budget\2018\Lodging Tax\Lodging Tax Award History 03-17 CITY OF SPOKANE VALLEY, WA Lodging Tax Application / Award History For the years 2003 through 2017 AGENCIES 2003 2004 2005 2006 2007 Application 1 Award Application 1 Award Application 1 Award Application 1 Award 07 Apply 07 Award Sprg 07 Appll Sprg 07 Awar Armed Forces & Aerospace Museum 3,327 0 2,531 0 0 0 0 0 0 0 0 0 Burke Marketing 0 0 0 0 0 0 0 0 0 0 147,500 0 CenterPlace - marketing 0 0 0 40,000 0 0 0 40,000 0 40,000 0 0 CenterPlace - marketing to regional meeting planners 0 0 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Volleyball courts 0 0 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Directed Marketing 0 0 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Tourism Study 0 0 0 0 0 0 0 0 0 0 0 0 Chamber of Commerce 0 0 0 0 15,440 0 15,440 5,000 50,000 50,000 50,000 50,000 Evergreen Regional Volleyball Court Expansion 0 0 0 0 0 0 0 0 0 0 0 0 Fair & Expo Marketing 58,376 17,500 35,000 25,000 21,000 18,000 0 0 20,000 20,000 0 0 Fairgrounds 0 0 21,000 15,000 0 0 0 0 0 0 0 0 Family Guide 0 0 0 0 0 0 0 0 0 0 0 0 Friends of Centennial Trail 23,480 0 2,000 2,000 0 0 9,000 0 0 0 0 0 HUB Sports Center 0 0 0 0 0 0 0 0 0 0 0 0 Inland Dance Association 0 0 0 0 0 0 2,535 0 0 0 2,535 0 Inland NW Sr. Wellness Conference 12,500 0 0 0 0 0 0 0 0 0 0 0 Latah Creek Wine Cellars 20,000 0 0 0 0 0 0 0 0 0 0 0 Liberty Lake Rotary Club 0 0 0 0 0 0 0 0 0 0 0 0 Plantes Ferry Park 0 0 71,842 20,000 0 0 23,876 0 30,000 0 0 0 Six Bridges Arts Association 0 0 0 0 0 0 0 0 15,000 12,500 0 0 Splash -Down Family Waterpark 230,000 0 0 0 0 0 0 0 0 0 0 0 Spo Con 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Arts Commission 15,000 0 0 0 0 0 0 0 0 0 0 0 Spokane County Fair & Expo Center 0 0 0 0 0 0 0 0 0 0 0 0 Spokane County Fair & Expo Center - Winter Glow Spe 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Horse Breeders of Inland NW 5,830 0 0 0 0 0 0 0 0 0 0 0 Spokane Polo Club 30,100 0 0 0 0 0 0 0 0 0 0 0 Spokane Regional Sports Commission 120,000 52,200 150,000 100,000 100,000 75,000 100,000 84,000 100,000 100,000 0 0 Spokane River Forum 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Symphony 20,000 0 20,000 0 0 0 0 0 0 0 0 0 Spokane Valley Heritage Museum 40,000 1,000 0 0 22,100 10,000 49,104 5,000 27,450 10,000 0 0 Spokane Valley Soccer Club 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Winery Association 3,285 0 8,250 2,000 0 0 0 0 0 0 7,500 7,500 Sports USA Sports Complex 103,000 0 0 0 0 0 0 0 0 0 0 0 SV Junior Soccer Association 96,642 24,800 71,842 0 0 0 4,000 4,000 0 0 17,000 30,300 U.S. Figure Skating 0 0 0 0 0 0 0 0 0 0 0 0 Valleyfest 19,724 2,800 49,700 0 27,200 15,000 25,900 15,000 30,000 25,000 5,000 5,000 Valleyfest (additional for Spring 07 (for float) 0 0 0 0 0 0 0 0 0 0 6,000 0 Valleyfest - Cycle Celebration 0 0 0 0 0 0 0 0 0 0 0 0 Visit Spokane Visitor Convention Bur 200,000 83,700 250,000 150,000 200,000 136,000 200,000 165,000 175,000 175,000 78,000 78,000 (Spokane au) WebMaker 39,000 0 0 0 0 0 0 0 0 0 0 0 YMCA 50,000 18,000 12,000 6,000 12,000 6,000 17,000 7,000 0 0 0 0 YMCA Skateboard Park 0 18,000 0 0 0 0 0 0 0 0 0 0 Total 1,090,264 218,000 694,165 360,000 397,740 260,000 446,855 325,000 447,450 432,500 313,535 170,800 Page 1 of 3 H:\Budget\2018\Lodging Tax\Lodging Tax Award History 03-17 CITY OF SPOKANE VALLEY, WA Lodging Tax Application / Award History For the years 2003 through 2017 AGENCIES 2008 2009 2010 2011 2012 Application I Award Application I Award Application I Award Application I Award Rnd 1 App I Rnd 1 Awrd I Rnd 2 App I Rnd 2 Awrd Armed Forces & Aerospace Museum 0 0 0 0 0 0 0 0 0 0 0 0 Burke Marketing 0 0 0 0 0 0 0 0 0 0 0 0 CenterPlace - marketing 90,000 90,000 0 90,000 0 37,500 0 0 0 30,000 0 0 CenterPlace - marketing to regional meeting planners 0 0 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Volleyball courts 0 0 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Directed Marketing 0 0 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Tourism Study 0 0 0 0 0 0 0 0 0 0 0 0 Chamber of Commerce 155,000 0 0 0 0 0 0 0 0 0 0 0 Evergreen Regional Volleyball Court Expansion 0 0 0 0 0 0 0 0 0 0 0 0 Fair & Expo Marketing 30,000 30,000 30,000 18,250 0 0 0 0 0 0 0 0 Fairgrounds 0 0 0 0 0 0 0 0 0 0 0 0 Family Guide 0 0 0 0 0 0 0 0 0 0 0 0 Friends of Centennial Trail 0 0 0 0 0 0 0 0 0 0 0 0 HUB Sports Center 0 0 0 0 0 0 40,000 40,000 50,000 42,600 0 0 Inland Dance Association 0 0 0 0 0 0 0 0 0 0 0 0 Inland NW Sr. Wellness Conference 0 0 0 0 0 0 0 0 0 0 0 0 Latah Creek Wine Cellars 0 0 0 0 0 0 0 0 0 0 0 0 Liberty Lake Rotary Club 0 0 0 0 0 0 0 0 0 0 5,000 0 Plantes Ferry Park 0 0 0 0 0 0 0 0 0 0 0 0 Six Bridges Arts Association 0 0 0 0 0 0 0 0 0 0 0 0 Splash -Down Family Waterpark 0 0 0 0 0 0 0 0 0 0 0 0 Spo Con 0 0 0 0 0 0 0 0 70,131 0 0 0 Spokane Arts Commission 0 0 0 0 0 0 0 0 0 0 50,000 0 Spokane County Fair & Expo Center 0 0 0 0 0 0 0 0 0 0 30,000 25,900 Spokane County Fair & Expo Center - Winter Glow Spe 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Horse Breeders of Inland NW 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Polo Club 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Regional Sports Commission 175,000 145,000 190,000 115,000 150,000 120,000 165,000 165,000 200,000 185,000 0 0 Spokane River Forum 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Symphony 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Valley Heritage Museum 0 0 30,260 3,250 11,600 5,000 5,000 5,000 5,000 3,900 5,000 1,100 Spokane Valley Soccer Club 0 0 0 0 0 0 0 0 0 0 25,000 0 Spokane Winery Association 8,300 8,300 9,000 0 0 0 0 0 0 0 0 0 Sports USA Sports Complex 0 0 0 0 0 0 0 0 0 0 0 0 SV Junior Soccer Association 0 0 0 0 0 0 0 0 0 0 0 0 U.S. Figure Skating 0 15,000 0 15,000 0 0 0 0 0 0 0 0 Valleyfest 40,000 30,000 50,000 27,500 50,000 30,000 50,000 36,000 50,000 0 50,000 30,000 Valleyfest (additional for Spring 07 (for float) 0 0 0 0 0 0 0 0 0 0 0 0 Valleyfest - Cycle Celebration 0 0 0 0 0 0 0 0 0 0 0 0 Visit Spokane Visitor Convention Bur 325,000 306,000 336,000 236,000 275,000 195,000 250,000 250,000 0 0 275,000 251,720 (Spokane au) WebMaker 0 0 0 0 0 0 0 0 0 0 0 0 YMCA 0 0 0 0 0 0 0 0 0 0 0 0 YMCA Skateboard Park 0 0 0 0 0 0 0 0 0 0 0 0 Total 823,300 624,300 645,260 505,000 486,600 387,500 510,000 496,000 375,131 261,500 440,000 308,720 Page 2 of 3 7/10/2017 1 H:\Budget\2018\Lodging Tax\Lodging Tax Award History 03-17 CITY OF SPOKANE VALLEY, WA Lodging Tax Application / Award History For the years 2003 through 2017 AGENCIES 2013 2014 2015 2016 2017 Application 1 Award Application 1 Award Application 1 Award Application 1 Award Application 1 Award Armed Forces & Aerospace Museum 0 0 0 0 0 0 0 0 0 0 Burke Marketing 0 0 0 0 0 0 0 0 0 0 CenterPlace - marketing 0 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 CenterPlace - marketing to regional meeting planners 0 0 0 0 30,000 17,000 0 0 0 0 City of Spokane Valley - Volleyball courts 0 0 0 0 120,000 68,000 160,000 60,650 233,508 0 City of Spokane Valley - Directed Marketing 0 55,000 0 0 0 0 0 0 0 0 City of Spokane Valley - Tourism Study 0 0 0 0 0 0 86,750 80,000 0 0 Chamber of Commerce 0 0 0 0 0 0 0 0 0 0 Evergreen Regional Volleyball Court Expansion 0 0 7,500 7,300 0 0 0 0 0 0 Fair & Expo Marketing 0 0 0 0 0 0 0 0 0 0 Fairgrounds 0 0 0 0 0 0 0 0 0 0 Family Guide 0 0 0 0 0 0 0 0 35,000 0 Friends of Centennial Trail 0 0 6,600 0 0 0 0 0 0 0 HUB Sports Center 50,000 21,100 40,000 36,000 40,000 40,000 40,000 40,000 40,000 40,000 Inland Dance Association 0 0 0 0 0 0 0 0 0 0 Inland NW Sr. Wellness Conference 0 0 0 0 0 0 0 0 0 0 Latah Creek Wine Cellars 0 0 0 0 0 0 0 0 0 0 Liberty Lake Rotary Club 0 0 5,000 0 0 0 0 0 0 0 Plantes Ferry Park 0 0 0 0 0 0 0 0 0 0 Six Bridges Arts Association 0 0 0 0 0 0 0 0 0 0 Splash -Down Family Waterpark 0 0 0 0 0 0 0 0 0 0 Spo Con 0 0 0 0 0 0 0 0 0 0 Spokane Arts Commission 0 0 0 0 0 0 0 0 0 0 Spokane County Fair & Expo Center 30,000 27,800 50,000 39,800 44,000 44,000 100,000 45,000 60,000 47,000 Spokane County Fair & Expo Center - Winter Glow Spe 0 0 0 0 0 0 0 0 20,000 2,170 Spokane Horse Breeders of Inland NW 0 0 0 0 0 0 0 0 0 0 Spokane Polo Club 0 0 0 0 0 0 0 0 0 0 Spokane Regional Sports Commission 200,000 150,200 200,000 183,800 200,000 120,000 200,000 121,600 200,000 115,600 Spokane River Forum 0 0 0 0 1,000 1,000 0 0 0 0 Spokane Symphony 0 0 0 0 0 0 0 0 0 0 Spokane Valley Heritage Museum 12,000 6,400 20,000 13,100 28,209 18,400 35,800 17,200 27,500 9,500 Spokane Valley Soccer Club 0 0 0 0 0 0 0 0 0 0 Spokane Winery Association 0 0 0 0 0 0 0 0 0 0 Sports USA Sports Complex 0 0 0 0 0 0 0 0 0 0 SV Junior Soccer Association 0 0 0 0 0 0 0 0 0 0 U.S. Figure Skating 0 0 0 0 0 0 0 0 0 0 Valleyfest 50,000 35,200 50,000 20,000 64,000 31,600 60,000 28,900 150,000 31,600 Valleyfest (additional for Spring 07 (for float) 0 0 0 0 0 0 0 0 0 0 Valleyfest - Cycle Celebration 0 0 0 0 0 0 10,000 3,000 25,000 5,000 Visit Spokane Visitor Convention Bur 350,000 184,800 280,000 247,000 328,430 230,000 253,777 163,650 282,830 103,130 (Spokane au) WebMaker 0 0 0 0 0 0 0 0 0 0 YMCA 0 0 0 0 0 0 0 0 0 0 YMCA Skateboard Park 0 0 0 0 0 0 0 0 0 0 Total 692,000 510,500 689,100 577,000 885,639 600,000 976,327 590,000 1,103,838 384,000 Page 3 of 3 Total Application 11 Award 5,858 0 147,500 0 210,000 517,500 30,000 17,000 513,508 128,650 O 55,000 86,750 80,000 285,880 105,000 7,500 7,300 194,376 128,750 21,000 15,000 35,000 0 41,080 2,000 300,000 259,700 5,070 0 12,500 0 20,000 0 10,000 0 125,718 20,000 15,000 12,500 230,000 0 70,131 0 65,000 0 314,000 229,500 20,000 2,170 5,830 0 30,100 0 2,450,000 1,832,400 1,000 1,000 40,000 0 319,023 108,850 25,000 0 36,335 17,800 103,000 0 189,484 59,100 O 30,000 821,524 363,600 6,000 0 35,000 8,000 4,059,037 2,955,000 39,000 0 91,000 37,000 O 18,000 11,017,204 7,010,820 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 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 — discussion on establishing a "safe exchange" area at the Spokane Valley Precinct Building. GOVERNING LEGISLATION: Not applicable. PREVIOUS COUNCIL ACTION TAKEN: City Council request for discussion May 23, 2017. BACKGROUND: At the May 23, 2017 meeting, a Councilmember requested that staff provide information on whether the City could establish a "safe exchange" area at the Spokane Valley Precinct Building, where members of the community could safely engage in private commercial transactions. An example could be where a seller has an item on Craigslist, is contacted by a potential buyer, wants to meet the potential buyer to show the item, but does not want to invite that person to their residence due to safety concerns. The initial suggestion was that the City could set aside two parking spaces where such transactions could occur publicly. Police Chief Mark Werner and City Attorney Cary Driskell conferred on what issues may be presented in attempting to establish a "safe exchange" area at the Precinct Building. Based on that discussion, the Council should consider at least the following: 1. The Precinct Building is not staffed 24 hours a day. When there are Police Officers in the Precinct Building in hours not open to the public, the front desk is not staffed at those times. Even when it is staffed, the officer would be engaged in other duties as assigned. 2. The Precinct Building does have security cameras, but those are not monitored continuously. 3. The Major Crimes Unit has reported that our area has not had many instances where people have been victimized in these types of transactions, with the last reported one occurring approximately two years ago. 4. Unless we are willing to dedicate staff to actually monitor the parking spaces 24 hours a day, or during certain specified times, the City could be creating unrealistic expectations that it is a safe place to do exchanges, but not actually providing a place that is entirely safe. In the event a transaction went badly, an injured party may look to the City to make them whole, including for injuries which may occur. The Precinct Building front desk is occasionally asked whether members of the public can use the parking lot for transactions, and they are told that is permissible but that the exchange would be unmonitored and that there is not a guarantee of safety. This has generally been acceptable for those who call because, while there is no guarantee of safety, it is likely safer than at their house. OPTIONS: (1) continue to operate as currently done; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Staff recommendation is to continue operating as is currently done, including advising citizens who call that they may utilize the Precinct Building parking lot to engage in private transactions, but that it is unmonitored and there is no guarantee of safety, and it is not intended to be a "safe exchange" place. BUDGET/FINANCIAL IMPACTS: NA. STAFF CONTACT: Police Chief Mark Werner; City Attorney Cary Driskell ATTACHMENTS: NA. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 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 — term limits. GOVERNING LEGISLATION: RCW 35A.11.020. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: At the request of three Councilmembers, staff was asked to determine whether Spokane Valley could adopt term limits. The short answer is yes, and the attached PowerPoint presentation and discussion with staff will address this in more detail. OPTIONS: (1) Provide information to the Council, determine if there is consensus on whether to proceed; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: As directed by Council. BUDGET/FINANCIAL IMPACTS: NA. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: PowerPoint presentation. Adoption of term limits in a non - charter code city Cary Driskell City Attorney, City of Spokane Valley Erik Lamb Deputy City Attorney, City of Spokane Valley July 18, 2017 City of Spokane Valley - Office of the City Attorney r Background Several Councilmembers requested information about whether the City could adopt term limits for Councilmembers. The short answer is yes, the City can adopt term limits. City of Spokane Valley - Office of the City Attorney Legal authority Washington State Constitution is silent on the qualifications for running for local office, other than beinga resident of the jurisdiction. l Spokane Valley is a code city pursuant to chapter 35A.i3 RCW. Qualifications for local elective office are set forth in RCW 35A.i3.o3o, but are verylikelyminimum qualifications, and not intended to limit a local jurisdiction's authority to adopt additional qualifications, so long as they do not conflict with state law. Five cities in Washington have adopted term limits: Edgewood, Port Angeles, Monroe (although repealed in 2017), Tacoma, and Spokane. City of Spokane Valley - Office of the City Attorney Legal analysis "A limitation on the number of terms an elected official can serve has the effect of imposing an additional qualification that must be met by the candidate." Attorney General Opinion (AGO) 1991 No. 22. Term limits are deemed qualifications for elective office. Gerberding v. Munro, 134 Wn.ad 188. A city adopting term limits is, in effect, putting an additional qualification to those qualifications set forth in RCW 35A.13.o3o. As such, it would not likely be considered to be conflicting with state law. Newly imposed term limits likelywould not take effect until after the next election cycle for each Council position. For example, or Position 6 (currently held by Councilmember Wood) it would be applicable after the 2019 election. The current term would not count toward calculating whether the office -holder had exceeded the limit. City of Spokane Valley - Office of the City Attorney Process for adoption of term limits A non -charter code city seeking to adopt term limits for its councilmembers "can only [do so] through the passage of an ordinance." AGO 1991 No. 22. City of Spokane Valley - Office of the City Attorney A city may determine its own limits A city may determine the timeframe for the term limits in its enabling ordinance. For example, a city could: Determine the maximum number of terms that could be served before a candidate would be considered "not qualified" to run for Council. Examples could be one full term, two full terms, three full terms, etc. Whether term limits would apply to any partial term being filled for less than four years. Another option could be to set the maximum number of full terms, and also combine that with a maximum of years that could be served consecutively. For example, no more than two full terms and no more than 10 consecutive years as a Councilmember. City of Spokane Valley - Office of the City Attorney Conclusion Questions? City of Spokane Valley - Office of the City Attorney 7 To: From: Re: DRAFT ADVANCE AGENDA as of July 13, 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 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: Approval of Law Enforcement Interlocal Agreement — Morgan Koudelka 4. Motion: Potential Transportation Grants — Adam Jackson 5. Admin Report: Jail, Public Safety, and Justice Council — Cary Driskell, Dr. vanWormer 6. Admin Report: Spokane Housing Authority, Revenue Bonds — Erik Lamb 7. Admin Report: Public Records Act Changes — Erik Lamb, Chris Bainbridge 8. Admin Report: Police Dept Monthly Report — Mark Werner 9. Admin Report: Advance Agenda — Mayor Higgins 10. Info Only: Department Reports fdue Tue, July 181 (5 minutes) (20 minutes) (20 minutes) (20 minutes) (60 minutes) (10 minutes) (20 minutes) (15 minutes) (5 minutes) [*estimated meeting: 175 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. Resolution Authorizing Bond for Affordable Housing — Erik Lamb 3. Council Consensus of LTAC Goals — Chelsie Taylor 4. Admin Report: City Hall Update - Doug Powell, Jenny Nickerson 5. Advance Agenda — Mayor Higgins August 15, 2017, Study Session Format, 6:00 p.m. 1. CRAVE NW Report — John Hohman 2. Urban Farming and Animal Keeping — Micki Harnois 3. 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. Marketing Report — Mike Basinger 2. Advance Agenda — Mayor Higgins fdue Tue, Aug 11 (5 minutes) (10 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 40 minutes] fdue Tue, Aug 81 (15 minutes) (20 minutes) (5 minutes) [*estimated meeting: 40 minutes] — Chelsie Taylor [*estimated fdue Tue, Aug 151 (5 minutes) (30 minutes) (15 minutes) (5 minutes) meeting: 55 minutes] fdue Tue, Aug 221 (15 minutes) (5 minutes) [*estimated meeting: 20 minutes] September 5, 2017, Study Session Format, 6:00 p.m. Idue Tue, Aug 291 1. Red Cross - Household Emergency Kits - Mark Calhoun; Megan Snow, Am. Red Cross (20 minutes) 2. Advance Agenda — Mayor Higgins (5 minutes) [*estimated meeting: 25 minutes] Draft Advance Agenda 7/13/2017 1:37:45 PM Page 1 of 3 September 12, 2017, Formal Meetin2 Format, 6:00 p.m. [due 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) [*estimated meeting: 25 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 [*estimated September 26, 2017, Formal Meetin2 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 Meetin2 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 October 17, 2017, Study Session Format, 6:00 p.m. 1. Advance Agenda — Mayor Higgins [*estimated [*estimated [*estimated [*estimated 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 October 31, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: 2018 Fee Resolution — Chelsie Taylor November 7, 2017, Study Session, 6:00 p.m. [*estimated [*estimated fdue Tue, Sept 121 (10 minutes) (-120 mins) (5 minutes) meeting: 135 minutes] fdue Tue, Sept 191 (5 minutes) (5 minutes) (15 minutes) (45 minutes) (5 minutes) meeting: 75 minutes] fdue Tue, Sept 261 (10 minutes) (5 minutes) meeting: minutes] fdue Tue, Oct 31 (20 minutes) (5 minutes) (15 minutes) meeting: 40 minutes] fdue Tue, Oct 101 (5 minutes) meeting: minutes] fdue Tue, Oct 1711 (15 minutes) (5 minutes) (15 minutes) (15 minutes) (20 minutes) (20 minutes) (15 minutes) (45 minutes) (5 minutes) meeting: 155 minutes] [due Tue, Oct 241 (5 minutes) (20 minutes) meeting: minutes] [Note: meeting might be cancelled due to election night] Draft Advance Agenda 7/13/2017 1:37:45 PM Page 2 of 3 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 5. Admin Report: LTAC Recommendations to Council — Chelsie Taylor 6. Advance Agenda — Mayor Higgins November 21, 2017, Study Session Format, 6:00 p.m. 1. Advance Agenda — Mayor Higgins [due Tue, Nov 7] (20 minutes) (5 minutes) (15 minutes) (20 minutes) (20 minutes) (5 minutes) [*estimated meeting: 85 minutes] [due Tue, Nov 14] (5 minutes) 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. 1. Advance Agenda — Mayor Higgins December 12, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Fee Resolution, 2018 — Chelsie Taylor 3. Motion Consideration: Award of LTAC Funds — Chelsie Taylor 4. Advance Agenda — Mayor Higgins December 19, 2017, Study Session Format, 6:00 p.m. 1. Advance Agenda — Mayor Higgins December 26, 2017, Formal Meeting Format, 6:00 p.m. Meeting cancelled due to 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 [due Tue, Nov 21] (5 minutes) Idue Tue, Dec 51 (5 minutes) (10 minutes) (25 minutes) (5 minutes) Idue Tue, Dec 121 (5 minutes) Christmas Holiday [due Tue, Dec 26] Second Amend. Sanctuary City Sign Ordinance Solid Waste Contract Approval Sullivan Road Bridge Update Transportation & Infrastructure Undergrounding Utility Facilities in ROW Water Banking Yard Sales Regulation Review Zero Tolerance of Crime (15 minutes) (5 minutes) Draft Advance Agenda 7/13/2017 1:37:45 PM Page 3 of 3