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2025, 01-21 Formal B Meeting PacketAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL B FORMAT Tuesday, January 21, 2025 6:00 p.m. Remotely via ZOOMMeeting and In Person at Spokane Valley City Hall, Council Chambers 10210 E. Sprague Ave. Spokane Valley, WA 99206 Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: Members of the public may attend Spokane Valley Council meetings in -person at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity If making a comment via Zoom, comments must be received by 4:00 pm the day of the meeting. • Sign up to Provide Oral Public Comment at the Meeting via Calling -In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER INVOCATION: PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA SPECIAL GUESTS/PRESENTATIONS: PROCLAMATIONS: GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person. If a person engages in disruptive behavior or makes individual personal attacks regarding matters unrelated to City business, then the Council and/or Mayor may end that person's public comment time before the three -minute mark. To comment via zoom: use the link above for oral or written comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign -in sheet will be provided at the meeting. ACTION ITEMS: 1. Resolution 25-001: Permanent Homeless & Housing Task Force — Eric Robison [public comment opportunity] 2. Motion Consideration: ILA for King County Director's Assoc. — The Interlocal Purchasing System (TIPS) and Sourcewell Purchasing Cooperatives - Glenn Ritter [public comment opportunity] Council Agenda January 21, 2025 Page 1 of 2 3. Motion Consideration: Greenacres Park Phase 2 Bid Award — Glenn Ritter [public comment opportunity] NON -ACTION ITEMS: 4. Admin Report: CTA- Signs within the city right-of-way — Kelly Konkright 5. Admin Report: OPMA & PRA Training — Kelly Konkright INFORMATION ONLY (will not be reported or discussed): GENERAL PUBLIC COMMENT OPPORTUNITY: General public comment riles apply. COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURNMENT Council Agenda January 21, 2025 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 21, 2025 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Resolution No 25-001 Permanent Homeless and Housing Task Force Extension GOVERNING LEGISLATION: Substitute Senate Bill 5386 (amending document recording fee statutes in 2023); requirements for adopting a local plan RCW 43.185C.050, RCW 43.185C.080, RCW 43.185C.160; Affordable and Supportive Housing Sales and Use Tax Credit RCW 82.14.540; Chapter 3.06 SVMC. PREVIOUS COUNCIL ACTION TAKEN: July 11, 2023: consensus to advance a resolution to assume control over available document recording fees from Spokane County and to establish a homeless housing program. July 25, 2023: adopted a resolution to assume control over document recording fees and to establish a homeless housing program. August 22, 2023: Administrative report discussing Regional Homeless Housing Plan. September 12, 2023: Motion consideration adopting a resolution establishing an interim task force. October 14, 2023: Motion adopting the region's current 5-year plan to prevent and end homelessness. December 23, 2024: Adopted Resolution No 24-014 Interim Homeless and Housing Task Force Extension and Funding of Shelter Beds. January 14, 2025: Administrative report discussing Resolution establishing permanent task force. BACKGROUND: On July 25, 2023 the Council approved Resolution 23-009, which declared City Council's intention to assume responsibility for and establish a homeless housing program within Spokane Valley, and which further authorized the City to take over administration of recording fees related to housing and homeless services. As required by RCW 43.185C.160, the City adopted Resolution No. 23- 010 and established an interim homeless and housing task force to start administrating this program. The interim Homeless and Housing Task Force is an advisory body to the City Council. The task force makes recommendations for the five-year Housing and Homeless Plan; use of the revenue derived from the Homeless Housing and Assistance Act" (HHAA) surcharge funds; and the final composition of the task force and terms to the City Council. Per Resolution No. 24-014, adopted on December 23, 204, the term of the interim task force was extended to March 31, 2024 or until the permanent task force is established. Currently, the interim task force has the following seven positions and members: • Spokane Valley City Council member — Pam Haley, City of Spokane Valley Mayor • County representative — George Dahl, Housing & Community Development Administrator and/or Chris McKinney, Homeless Programs Manager • Business representative — Lance Beck, Spokane Valley Chamber of Commerce • School representative — John Parker, Central Valley School District • Housing Authority representative (vacant) • Lived Experience representative — Daniel Saga • Lived Experience representative (vacant) When establishing a permanent task force, the interim task force recommended the following • Increasing the number of members to 9 • Adding terms to the bylaws • Providing flexibility to industry sectors and/or backgrounds that are eligible to serve in the task force • Adding a representative from the City of Spokane to the task force, this position could be added without voting rights Based on the input received from Council and the interim task force, staff recommends the following composition for the task force: Position 1: Spokane Valley City Council member Position 2: County representative Position 3: Business representative Position 4: School representative Position 5: Housing Authority representative Positions 6,7,8, 9: Up to two people with lived experience of homelessness, philanthropy, behavioral health/Spokane Regional Health, healthcare providers, law & justice or private housing developers/providers representatives In addition, there shall be two non -voting ex officio members: 1. City of Spokane representative 2. City of Spokane Valley staff as assigned by the City Manager, who will function as a liaison between the City Council and the Homeless and Housing Task Force. Staff recommend that positions 6 to 9 could be filled with a wide range of industry experts/backgrounds to facilitate recruitment. OPTIONS: Motion to approve Resolution #25-001, establishing the Permanent Homeless & Housing Task Force or take other action deemed appropriate by Council. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 925-001, establishing the Permanent Homeless & Housing Task Force BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Eric Robison, Homeless & Housing Coordinator ATTACHMENTS: Proposed Resolution 25-001 1XMI CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION No. 25-001 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, TO ESTABLISH A PERMANENT HOMELESS AND HOUSING TASK FORCE, AND OTHER MATTERS RELATING THERETO. WHEREAS, pursuant to chapters 36.22 and 43.185C of the Revised Code of Washington (RCW), as amended by Chapter 277, Laws of 2023 (substitute Senate Bill 5386) (effective July 23, 2023), county auditors have authority to collect homeless housing and assistance surcharges for each document recorded, subject to specified exemptions; WHEREAS, the City Council passed a Resolution 23-005 declaring its intention and commitment to operate its own homeless housing program and to meet all applicable legal and regulatory requirements including those set forth in chapter 43.185C RCW and established by the State Department of Commerce (Commerce), in order to be a direct recipient of HHAA Local Surcharge Funds; and WHEREAS, Council passed Resolution 23-010 establishing the interim Homeless and Housing Task Force, and setting an expiration date for the Interim Homeless and Housing Task Force of December 31, 2024; and WHEREAS, the Interim Homeless and Housing Task Force continues to review the draft five-year Housing and Homeless Plan, make recommendations for the expenditure of funds, and consider composition of the permanent task force. WHEREAS, Council passed Resolution 24-014 extending the term for the Interim Homeless and Housing Task Force to March 31, 2025 or until the permanent task force is established, whichever is later, and establishing the permanent task force now provides the City time to fill the necessary positions. NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: Section 1. Homeless and Housing Task Force. (A) The permanent Homeless and Housing Task Force is created as an advisory body to the City Council. The task force will make recommendations for the five-year Housing and Homeless Plan; use of the revenue derived from the "Homeless Housing and Assistance Act" (HHAA) surcharge funds; and the final composition of the task force and terms to the City Council. (B) Appointments to or removals from the Homeless and Housing Task Force shall be made by the Mayor, with confirmation by a majority of Council pursuant to the then -currently adopted Governance Manual. (C) The Homeless and Housing Task Force shall be composed of nine voting representatives from the following: Position I - City of Spokane Valley councilmember Position 2 - Spokane County representative Position 3 - Business sector representative Resolution 25-001 Establishing Permanent Homeless and Housing Task Force SE Position 4 - School sector representative Position 5 - Housing Authority representative Positions 6, 7, 8, & 9 — Up to two people with lived experience of homelessness, philanthropy, behavioral health/Spokane Regional Health, healthcare providers, law & justice or private housing developers/providers representatives (D) In addition, there shall be two non -voting ex officio members: o City of Spokane representative o City staff as assigned by the City Manager, who will function as a liaison between the City Council and the Homeless and Housing Task Force. (E) Members of the task force shall serve as volunteers without compensation, except the representatives with lived experience should be offered a stipend pursuant to Administrative Policy and Procedure No. 300.140, intended to cover out-of-pocket expenses unless their employer compensates them to participate. Membership on the task force is not intended to and shall not under any circumstances constitute employment with or by the City in any capacity whatsoever. (F) All meetings of the Homeless and Housing Task force are subject to Washington's Open Public Meetings Act, chapter 42.30 RCW, and Washington's Public Record Act, chapter 42.56 RCW. (G) The permanent task force members shall serve for a three-year period, and their term shall expire on December 31 of their third year. (H) All vacancies shall be filled for the unexpired term in the same manner as the appointments. Section 2. Pursuant to Resolution 24-014, the Interim Homeless and Housing Task Force, created pursuant to Resolution 23-010, shall continue in existence through March 31, 2025. Section 3. Severability. If any section, sentence, clause or phrase of this Resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution. Section 4. Effective Date. This Resolution shall be effective immediately upon passage and signatures hereto. Passed this 21st day of January 2025. Pam Haley, Mayor ATTEST: City Clerk, Marci Patterson Approved As To Form: Office of the City Attorney Resolution 25-001 Establishing Permanent Homeless and Housing Task Force CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 21, 2025 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Interlocal Agreements for King County Director's Association (KCDA), The Interlocal Purchasing System (TIPS) and Sourcewell purchasing cooperatives GOVERNING LEGISLATION: RCW chapter 39.34 — Interlocal Cooperation Act PREVIOUS COUNCIL ACTION TAKEN: • January 14, 2025 — Administrative Report on Interlocal Agreements for King County Director's Association (KCDA), The Interlocal Purchasing System (TIPS) and Sourcewell purchasing cooperatives: Consensus given to bring back Agreements for Motion Consideration. BACKGROUND: Since the City incorporated in March 2003, the City has contracted with a variety of vendors and agencies to provide goods and services. Periodically, the City needs to purchase certain items such as specific playground equipment for the expansion of existing facilities or benches to match existing benches at park projects. Additionally, the City will periodically purchase certain items for construction and provide them to the contractors for installation thereby reducing costs by eliminating markup. This is known as "Owner Furnished Contractor Installed" or OFCI. In other cases, the City will not only purchase items, but also contract directly with the vendor for installation. This is known as "Owner Furnished Owner Installed" or OFOI and is necessary when the installers are required to be trained and qualified as in the case of playground equipment. Purchasing cooperatives such as King County Director's Association (KCDA), The Interlocal Purchasing System (TIPS) and Sourcewell provide centralized procurement services to member public agencies that save them time and money as well as comply with all legal procurement requirements. They do this by creating volume purchasing and fulfilling bid law requirements. These cooperatives issue bids annually based on the requirements of their members. Their operating budgets are self -funded through service fees charged on each contract. Although, there is no cost to join, the City needs to execute an interlocal agreement. As a member, the City can purchase a variety of goods and services at competitively bid prices while complying with all applicable procurement requirements. The City entered into an interlocal agreement with Sourcewell in 2018. That agreement will be renewed with the new terms. Staff recommend that the City joins these cooperatives to streamline lengthy procurement process. OPTIONS: 1) Proceed with the staff recommendation and move to authorize the City Manager to execute the Interlocal Agreements with the King County Director's Association (KCDA) and The Interlocal Purchasing System (TIPS) and Sourcewell purchasing cooperatives; or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute the Interlocal Agreements with the King County Director's Association (KCDA) and The Interlocal Purchasing System (TIPS) and Sourcewell purchasing cooperatives. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Gloria Mantz, City Services Administrator Glenn Ritter, Senior Engineer/Project Manager ATTACHMENTS: Interlocal Agreements with the King County Director's Association (KCDA) and The Interlocal Purchasing System (TIPS) and Sourcewell purchasing cooperatives WASHINGTON ASSOCIATE MEMBERSHIP AGREEMENT — PUBLIC AGENCIES (Intergovernmental Cooperative Purchasing/Procurement Agreement) PURSUANT TO CHAPTER 39.34 RCW and to other provisions of law, the King County Directors' Association, hereinafter called "KCDA", and the following named public agency of the State of Washington, , hereinafter called "the public agency", hereby agree to cooperative Governmental purchasing and procurement upon the following terms and conditions: 1. KCDA, in contracting for the purchase of merchandise, supplies and equipment (hereinafter referred to as "goods") and procurement of service for the member public school districts, agrees to contract also on behalf of the public agency, to the extent permitted by law and agreed upon by the parties. 2. KCDA will contract for the purchase of goods and services according to the laws and regulations governing purchases by and on behalf of the public school system of the State of Washington. The public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchases or procurement by or on behalf of the public agency in question. 3. The public agency reserves the right to contract independently for the purchase of any particular class of goods or services, with or without notice to KCDA. 4. KCDA reserves the right to exclude the undersigned public agency, or any class containing the undersigned public agency, from any particular purchasing contract, with or without notice to the public agency. 5. The public agency agrees to pay for goods and services as billed by KCDA upon completion of transfer of goods or performance of services per normal terms as established by KCDA, unless otherwise provided in the contract governing such purchase or service. Any additional expense incurred by KCDA in regard to any transaction for the public agency shall be paid by the public agency. A. Charter Schools. For purchase orders that exceed $10,000, charter schools, as defined in the State of Washington RCWs, must either pay for the purchase/procurement in advance, or provide a cash/surety bond benefitting KCDA, prior to the completion of transfer of goods or performance of services. 6. This agreement will be filed with the county auditor or listed by subject on a public agency's website prior to its entry into force. Following such filing and/or posting, it shall continue in force in perpetuity, except that either party may cancel this agreement on thirty (30) days written notice. 7. Contacts: A. Public Agency: Name of Individual: Phone: B. KCDA 18639 80"' Ave. S. (98032) P.O. Box 5550 Kent, WA 98064-5550 Date: Agency Name: Physical Address: Printed Name: Signature: Title: Telephone Number: Fax Number: E-Mail Address: KCDA Chief Financial Officer (425)251-8115 1-800-422-5019 Fax (253) 395-5402 E-Mail www.kcda.org Date Loc. Code Tax: DocuSign Envelope ID: 699C2238-08BA-4EAB-97EC-OB6E3F2CA3B7 Sourcewell Cooperative Purchasing Program Participation Agreement This Participation Agreement is between Sourcewell and Participating Entity to provide access to Sourcewell's Cooperative Purchasing Program. Sourcewell's Board of Directors has approved these terms and conditions through operation of this intergovernmental Participation Agreement. Participating Entity approves this Agreement upon registration with Sourcewell. Section 1: Authority 1.1 Sourcewell is a service cooperative established by Minn. Stat. § 123A.21 as a local unit of government pursuant to the Minn. Const. art. XII, sec. 3. 1.2 Sourcewell is authorized to provide a Cooperative Purchasing Program by Minn. Stat. § 123A.21, subd. 7(23) to Participating Entities. 1.3 Sourcewell's cooperative purchasing master agreements are offered through Minn. Stat. § 471.59 and this Participation Agreement. The Sourcewell Board of Directors has approved these participation terms, and Sourcewell is authorized to enter this interlocal or joint powers agreement with an eligible Participating Entity through this Participation Agreement. 1.4 Participation in Sourcewell's Cooperative Purchasing Program is open to eligible Participating Entities. A Participating Entity is any eligible entity registering with Sourcewell, including: any government unit, including a state, city, county, town, village, school district, political subdivision of any state, federally recognized Indian tribe, any agency of the United States, any instrumentality of a governmental unit, any other entity as defined in Minn. Stat. § 471.59 Subd. l(b). 1.5 Participating Entity and Sourcewell agree this Participation Agreement is for the purpose of allowing access to available Sourcewell Cooperative Purchasing Program master agreements with awarded Suppliers. 1.6 Participating Entity represents, through an authorized signatory, it is eligible for participation as defined in this Agreement. Section 2: General Terms 2.1 Sourcewell will make its Cooperative Purchasing Program available to Participating Entity. Sourcewell master agreements are provided to Participating Entity "as is." Sourcewell makes no representation as to warranties of quality, merchantability, or fitness for a particular purpose for any purchase through a Supplier. Participation in the Program is voluntary and non- exclusive. 2.2 To purchase from Sourcewell master agreements, Participating Entity and Supplier will execute a Transaction Document(s) as mutually agreed. Participating Entity will be responsible for all aspects of its purchase, including ordering, inspecting, acceptance, payment, and any other Effective January 1, 2024 DocuSign Envelope ID: 699C2238-08BA-4EAB-97EC-OB6E3F2CA3B7 material terms as negotiated directly with Supplier. 2.3 The Parties to this Agreement will adhere to all applicable laws concerning the procurement in its respective jurisdiction. 2.4 Access to the Cooperative Purchasing Program is effective upon the date of Participating Entity's completed registration. The Agreement will remain in effect until canceled by either parry upon thirty (30) days written notice to the other parry. 2.5 Each party agrees that it is responsible for its acts and the results thereof, to the extent authorized by law, and will not be responsible for the acts of the other Party. 2.6 There will be no financial remunerations by or obligations upon Participating Entity for participation in Sourcewell Cooperative Purchasing Program. 2.7 Sourcewell's Cooperative Purchasing Program master agreements will be procured in compliance with Minnesota law and the Sourcewell Cooperative Purchasing Program. 2.8 The records and documents related to this this Agreement are subject to the Minnesota Data Practices Act, Minnesota Statutes Chapter 13. Section 3: Approval The Sourcewell Board of Director has approved this Policy effective January 1, 2024. Sourcewell•. Do",gned by: Bya Authonzec�4igriatire —Signed By Greg zylka Name — Printed Title Sourcewell Board of Directors Chair Date 1 22 2024 1 8:34 PM CST DocuSigned by: B L a ... Authorized Signature — Signed B Linda Arts Y Name — Printed Title Sourcewell Board of Directors Clerk Date 1/23/2024 1 2:01 PM CST Participating Entity: By Authorized Signature — Signed By Name — Printed Title Date Effective January 1, 2024 Organization Information Indicate an address to which correspondence may be delivered. Organization Name* Address* City* State Code* Country* Employer Identification Number Website Contact person* (First, Last) Job Title* Job Role ❑ Administrator ❑ Department Head ❑ Department Purchaser ❑ Human Resources ❑ Procurement Officer ❑ Teacher ❑ Other Email* Phone* Zip Code* Sourcewell qqk Email completed agreement to: service@sourcewell-mn.gov You may also mail the completed agreement to: Sou rcewel I 202 12th Street NE P.O. Box 219 Staples, MN 56479 Department ❑ Administration ❑ Dining/Food Service ❑ Facilities/Operations ❑ Fleet/Transportation ❑ Human Resources ❑ Information Technology ❑ Parks, Recreation & Athletics ❑ Public Safety/Security ❑ Public Works/Utilities ❑ Purchasing & Finance 202 12th Street NE I P.O. Box 219 1 Staples, PIN 56479 888-894-1930 1 sourcewell-mn.gov Sourcewell Oraaniaat'On Type: Government ❑ County ❑ Federal ❑ Municipality ❑ Province/Territory ❑ Special District ❑ State ❑ Township ❑ Tribal Education ❑ Local Education Agency (Public K-12 and Pre-K) ❑ Private Local Education Agency (Private K-12) ❑ Private Higher Education ❑ Public Higher Education Nonprofit Documentation demonstrating nonprofit status is required when submitting application. ❑ Church ❑ Medical Facility ❑ Other Referred by ❑ Advertisement ❑ Colleague/Friend ❑ Conference/Trade Show ❑ Supplier ❑ Search Engine/Web Search ❑ Sourcewell Employee *Denotes required information Page 2 of 2 REV.01/2024 PUBLIC ENTITY (TIPS MEMBER) and Region 8 Education Service Center Pittsburg, Texas INTERLOCAL AGREEMENT Region 8 Education Service Center Control Number (TIPS will Assign) 225 - 950 Region 8 Texas County -District Number The Texas Education Code §8.002 permits Regional Education Service Centers, at the direction of the Commissioner of Education, to provide services to assist school districts, colleges and universities in improving student performance and increasing the efficiency and effectiveness of school, college and university financial operations. Region 8 Education Service Center is an Education Service Center which is defined as a "political subdivision" in Texas Education Code 8.009 and falls under the definition of "Unit of State Government" in Chapter 2260 of the Texas Government Code.' Pursuant to Section 791 of the Texas Government Code (The Interlocal Cooperation Act) to increase the efficiency and effectiveness of local governments, Region 8 Education Service Center may enter into an interlocal agreement with any political subdivision or local government of this state or any other state to provide purchasing functions and services.Z Vision: TIPS will continue to become the premier purchasing cooperative in North America through the qualifying and procurement of quality vendors and through serving all public entities and qualifying non -profits. Purpose: The purpose of this Agreement shall be to improve procurement process efficiencies and assist in achieving best value for the participating public entities through cooperative purchasing. Duration: This Agreement is effective immediately and shall be in effect for one (1) year and automatically renews for an additional year annually. The Agreement may be terminated without cause immediately if the public entity Member provides written notice of termination to Region 8 Education Service Center or if Region 8 Education Service Center provides the public entity Member Sixty (60) days prior written notice of termination. Statement of Services to be Performed: Region 8 Education Service Center, by this Agreement, agrees to provide cooperative purchasing services to the above -named public entity through a program known as The Interlocal Purchasing System ("TIPS") Program. Role of the TIPS Purchasing Cooperative: • Provide for the organizational structure of the program. • Provide staff for efficient operation of the program. • Promote marketing of the TIPS Program. • Coordinate the Solicitation Process for all Vendor Awarded Contracts. • Provide members with procedures for placing orders through TIPS PO System. Tex. Edu. Code Sec. 8.009; Tex. Gov. Code Sec. 2260.001. Tex. Gov. Code Chapter 791, The Interlocal Cooperation Act. • Maintain filing system for Due Diligence Documentation. • Collect fees from vendors as the method of financing this undertaking and supporting the operational costs of TIPS. Role of the Public Entity: • Commit to participate in the program by an authorized signature on membership forms. • Designate and keep current a Primary Contact and Secondary Contact for entity. • Commit to purchase products and services from TIPS Vendors when in the best interestof the entity. • Submit Purchase Orders and/or Vendor Contracts through the TIPS PO System by emailing the pdf document to tipspo@tips-usa.com. • Accept shipments of products ordered from Awarded Vendors. • Process Payments to Awarded Vendors in a timely manner. • Report all TIPS purchases to TIPS through TIPS authorized methods. • Determine when a TIPS purchase is legal and appropriate under Federal, State, and Local law and policy before proceeding with a TIPS purchase. General Provisions: The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs. No joint agency or joint real property ownership is created by this Agreement. This Agreement shall be governed by the law of the State of Texas and venue shall be in thecounty in which the administrative offices of RESC 8 are located which is Camp County,Texas. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from legally appropriated and budgeted available funds for the current fiscal year of each such entity. Before any party may resort to litigation, any claims, disputes or other matters in question between the Parties to this Agreement shall be submitted to nonbinding mediation. The site of the mediation shall be in Camp County, Texas or a site mutually agreed by the parties. The selection of the mediator shall be mutually agreed. The cost of mediation shall be shared equally. No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their directors, officers, employees, and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. The Parties agree that the Public Entity TIPS Member is solely responsible for identifying when utilization of a TIPS Contract for procurement is legal and appropriate under Federal, State, and Local law and policy. TIPS contracts are available for TIPS Member use when the TIPS Member determines that such a procurement is appropriate and legal. TIPS cannot and does not analyze TIPS Member procurements for legality. The Parties agree that TIPS shall not be responsible or liable for any claims, challenges, audit findings, legal holdings, or damages resulting from the TIPS Member's decision to utilize a TIPS Contract when it is not appropriate to do so under the laws and policies applicable to the purchase. This Agreement may be negotiated and transmitted between the Parties by electronic means and the terms and conditions agreed to are binding upon the Parties. Authorization: Region 8 Education Service Center and The Interlocal Purchasing System (TIPS) Program have entered into an Agreement to provide cooperative purchasing opportunities to entities as outlined above through awarded vendor agreements procured by public solicitation in accordance with applicable Texas statutes. This Interlocal Agreement process was approved by the governing boards of the respective parties at meetings that were posted and held in accordance with the respective state. The individuals signing below are authorized to do so by the respective parties to this Agreement. Membership Entity - By: Authorized Signature Title Date Region 8 Education Service Center Authorized Signature Title: Executive Director, Texas Region 8 ESC Date Public Entity Contact Information Primary Purchasing Person's Name Primary Person's Email Address Entity Address City State Zip Secondary Person's Name Secondary Person's Email Address Entity Phone Number Entity Fax Number CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 21, 2025 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Bid Award - Greenacres Park -Phase 2-CIP#0360 GOVERNING LEGISLATION: SVMC 3.35.10 —Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • April 25, 2006, Resolution 06-009 authorizing an application for funding assistance from the Washington Wildlife and Recreation Program (WWRP) for the acquisition of approximately 8 acres of vacant land for Greenacres Park • July 24, 2007, Motion authorizing the acquisition of Greenacres Park • June 1, 2010, Admin Report to Council Regarding Greenacres Park Design • May 11, 2010, Resolution authorizing an application for funding assistance from WWRP for the Phase 1 Development of Greenacres Park • September 28, 2010, Resolution 10-016 Committing to the expenditure of local funding for Phase 1 Construction of Greenacres Park contingent upon availability of State matching funds • November 12, 2019, Resolution 19-015 adopting 2019 Spokane Valley Parks and Recreation Master Plan Update • April 12, 2022, Council consensus to bring forth a resolution at the April 26, 2022 meeting, concerning funding for Phase 2 • April 26, 2022, Resolution 22-007 authorizing two grant applications for funding assistance from WWRP and LWCF for Phase 2 Development of Greenacres Park. BACKGROUND: Greenacres Park was initially constructed in 2011. The City applied for two grants through the Washington State Recreation and Conservation Office (RCO) in April 2022. The City was successful in both grants from the Washington Wildlife and Recreation Program (WWRP) — Local Parks and the Federal Land and Water Conservation Fund (LWCF) in the amounts of $500,000 and $1,000,000 respectively. The project improvements consist of construction of new tennis and pickleball courts; new community garden, expanded parking and hardscape; playground expansion; spray pad expansion; site furnishings including added shade structures; paved pathways; modification of utilities, and expansion to the site lighting system. A site plan is attached. The bid was advertised on November 29, 2024 and bids were opened on December 20, 2024. Four responsive bids were received. The full bid includes a Base Bid plus three Additive Alternates. The lowest responsive, responsible bidder is Cameron Reilly, LLC with a combined bid of $1,227,500.00. The low bid was $110,800.00 over the Engineer's Estimate of $1,116,700.00. The project's bid information is below, and the full bid tabulation is attached. Bid Element Project Elements Engineer's Cameron Reilly, LLC Estimate Construction Bid Base Bid Park Construction $ 986,700.00 $ 1,082,500.00 Alternate 1 Divider Fences for $ 20,200.00 $ 15,000.00 Pickleball Courts Alternate 2 Urban Soccer Pitch $ 55,900.00 $ 50,000.00 Alternate 3 Basketball Courts $ 53,900.00 $ 80,000.00 Totals $ 1,116,700.00 $ 1,227,500.00 Sales Tax $ 99,386.30 $ 109,247.50 Staff has been coordinating with the RAVE Foundation and they have indicated a desire to partner with the City again to install a soccer mini -pitch at Greenacres Park just like they did at Balfour Park last year. In anticipation, staff obtained bid pricing for an asphalt pad (Alternate #2) from Cameron Reilly at $50,000 plus applicable sales tax. Should the RAVE Foundation board approve their funding later this month as expected, staff will pursue this opportunity and report to Council at that time. To remain within the project's current budget, staff recommends awarding the contract to Cameron Reilly for the Base Bid and Alternates 1 and 3 only. Should City Council desire, Alternate 2 can be added later for total additional City funding of around $55,000 if and when the RAVE Foundation Board approves their funding. OPTIONS: Move to award the contract to the lowest responsive and responsible bidder for the 1) Base Bid and three Alternates; 2) Base Bid with any other combination of Alternates; 3) Base Bid alone; or 4) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Greenacres Park -Phase 2 Project CIP #0360 to Cameron Reilly, LLC for the Base Bid and Alternates 1 and 3 in the amount of $1,177,500 plus applicable sales tax and authorize the City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: The project's estimated cost, incorporating the actual construction bid amounts, and current budget are as follows: Project Costs Preliminary Engineering $ 280,000 Construction Contract $1,283,000 City Provided Structures, etc. $ 417,000 Construction Engineering $ 20,000 Total estimated costs $2,000,000 Project Budget RCO Grant $ 500,000 LWCF Grant $1,000,000 Fund 312 $ 500,000 Total Budget $2,000,000 The funds available for the project (budget) total $2,000,000 and there are sufficient funds to cover the anticipated combined contract costs of the Base Bid and Alternates 1 and 3. STAFF CONTACT: Glenn Ritter, Senior Engineer/Project Manager John Bottelli, Director of Parks and Recreation ATTACHMENTS: Site Plan Bid Tabulation La NEW r PAVE PERIMETE PATH WA AI / CIRCLE2 \ j CIRCLE t \ \DISC GOLPI oPRACTICE i GREEN \ A i RIVERBEND ELEMENTARY PI B T N W O R ��,�'•, NE 7. % Wes/ � = BASKETBALL COURT NEW i HADE J �L_ RUCTURE;or P FUTURE WHEELS PARK Dr4MUNI ! GARDEN NEW "ED TH WA* 45 PARKING ' STALLS f TOTAL _ YK °XISTING ko 'HELTER EXPAND oor PLAY ARE Greenacres .Pa k� NE 1� AND O S I Y PAD I � " r---------------------- FUTURE SOCCER MU(TI-U E F ELD MINI -PITCH NEW SHADE YRUCTURE i NEW,; SHADE II STRUCTURE E. 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Q C W O S � a Uo 3 o U W C — W C 2 U � O u 'Z i . o N LL N Vl N —_ N o E O F F F F CJ a o o Q ¢ o m u m c Y ODD O Ul W W W W x cu u N o {n 6 6 W {n .O vi -° m -° L Y c L Y c L a+ m -° x x x x x x x x x x x x x x x x x x x x x x x x x x x 0 C Q 0 = Y W o a 3 O u L u O O C O C O J M. M. ¢ a N n n Y V Q 2 Q 2 C U 3 4Z` 7U o o m V [0 [0 Q CJ COJ [0 to [0 K CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 21, 2025 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ public hearing ❑ information ® admin. report ❑ new business AGENDA ITEM TITLE: Administrative Report on Draft Code Text Amendments to Placement of Signs Within City Rights -of -Way. GOVERNING LEGISLATION: SVMC 22.110 PREVIOUS COUNCIL ACTION TAKEN: Council last amended the City's sign code provisions, SVMC 22.110, in 2020 (Ordinance No. 20- 001). The last amendment to SVMC 22.110.020, the specific sign code section that is the subject of this administrative report, was in 2013 (Ordinance No. 13-010). BACKGROUND: The City's sign code is SVMC 22.110 (hereinafter "Sign Code"). Over the last decade, the United States Supreme Court has issued decisions that modify how the First Amendment of the United States Constitution is interpreted and applied to the regulation of signs. The City Attorney's Office is in the process of reviewing all aspects of the Sign Code to identify and recommend code text amendments consistent with current Supreme Court precedent. The first Sign Code regulation identified for revision pertains to signs placed within the City's rights -of - way. As currently written, the Sign Code prohibits placement of signs with the City's rights -of -way except "official signs and except bus benches placed pursuant to an agreement with the City." See SVMC 22.110.020(E). However, municipal -owned unimproved or green spaces (hereafter "green spaces") along city streets and sidewalks are regarded as traditional public forums for speech, and the City's practice has been to not take enforcement action against "unofficial signs" (for example, signs supporting political candidates or ballot measures) placed in the green spaces within the City's rights -of -way to the extent such signs do not impede the public's use of the rights -of -way or otherwise violate time, place, and manner restrictions identified in the Sign Code and other applicable law. Per the Supreme Court's holdings in Reed v. Gilbert, 135 S.Ct. 2218 (2015), and Austin v. Reagan National Advertising ofAustin, LLC, 142 S.Ct. 1464 (2022), the City's regulations of non-commercial signs must be content -neutral. Accordingly, if the City is to allow political campaign signs within the right-of-way green spaces, then it must allow other non-commercial signage to exist within the right-of-way unless the City can establish it has a compelling government interest that can only be served by excluding non -political signs from said spaces while still allowing political signs. Reasonable content -neutral time, place, and manner restrictions may nonetheless be imposed on signs within the rights -of -way. The draft code text amendments enclosed with this report are presented for the purpose of Council discussion. The draft code amendments are based on the underlying premise that Council's policy preference is to allow all non-commercial signs within the rights -of -way. The draft amendments therefore allow non-commercial signs to be temporarily placed within the greenspaces along City rights -of -way, but impose time, place, and manner restrictions to protect public safety and aesthetic concerns. The proposed restrictions for non-commercial signs within the rights -of -way are: 1. Signs cannot be attached to or located within a traffic control device. A "traffic control device" includes, but is not limited to, traffic signs, traffic signals, traffic islands/medians which separate traffic lanes, and roundabouts. 2. Signs must be no more that 36 inches wide, and the top of the sign cannot be more than 48 inches above the ground. 3. Signs cannot be permanently affixed to the land or a structure on the land. 4. Placement of the sign cannot alter any structure or improvement on the land. 5. Signs cannot impede any mode of travel on any roadway, walkway, or bicycle lane. 6. Signs cannot be located within 20 feet of any traffic control device. 7. Signs cannot be located within any clearview triangle. 8. Signs cannot be located within a stormwater facility, including but not limited to swales. 9. Signs cannot be located on rights -of -way abutting City -owned facilities or property. This promotes compliance with RCW 42.17A.555 prohibiting local government from allowing public facilities to be used for political campaign purposes and complies with the First Amendment because it is content -neutral. 10. Signs must be smooth and free of nails, tacks, and wires. 11. The owner's name, phone number, and a mailing address at which the owner receives mail must be identified somewhere on the sign in type large enough to see after a reasonable inspection. This allows code enforcement to identify the owners of signs in order to enforce the above time, place, and manner restrictions. As a potential alternative to the above, the City Attorney's Office can research the constitutionality of prohibiting all non -government signage with the City's rights -of -way. To the extent such a policy is supported by current precedent, the City Attorney's Office could then propose alternative code text amendments at a future Council meeting to achieve that purpose. Any such proposal would, at a minimum, need to allow persons to use the rights -of -way for expression using other communicative methods in this traditional public forum. OPTIONS: Discuss and/or take further action as Council deems appropriate. RECOMMENDED ACTION OR MOTION: Council consensus to bring forward for a first reading with or without Council -requested revisions. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Kelly E. Konkright, City Attorney ATTACHMENTS: Draft Code Text Amendments to SVMC 22.110.020 DRAFT AMENDMENTS TO SVMC 22.110.020 FOR CONSIDERATION AND DISCUSSION BY THE CITY COUNCIL FOR THE CITY OF SPOKANE VALLEY. SVMC 22.110.020 Prohibited signs. The following signs are prohibited: A. Signs which by coloring, shape, wording or location resemble or conflict with traffic control signs or devices; B. Signs that create a safety hazard for pedestrian or vehicular traffic; C. Flashing signs; D. Portable signs; except A -frame signs and reader boards specifically allowed pursuant to SVMC 22.110.050(A) and (E); E. , except afficial signs and except bus befic ;Sims located within an)public right -of -wad except for the following; 1. Official traffic signs and official government signs serving a legitimate public interest, such as those notifying the public of laws and/or traffic hazards, government services, or the location of public facilities; 2. Signs which are not an attempt or effort to gain business and are located solely within green spaces or unimproved portions of a right-of-way that abuts that portion of the right-of-way used for vehicular, bicycle, and/or pedestrian traffic, provided the sign(s): i. Are not attached to or located within an)part of a traffic control device. Traffic control devices include but are not limited to Q) traffic signs (such as speed limit signs, stop signs, yield signs, one-way signs, etc.),(ii) traffic signals; (iii) traffic islands or medians which separate lanes of traffic, and (iv) ypart of a roundabout. ii. Are no more than 36 inches wide and placed such that the distance between the top of the sign and the ground directly underneath the sign is no more than 48 inches. iii. Are not permanently affixed to the land or any structure on the land, and do not alter any structure or improvement within the right-of-way. iv. Do not completely or partially impede any vehicle, bicycle, pedestrian or other mode of travel on any proved or unimproved roadway, walkway, or bicycle lane. V. Are not located within 20 feet of any traffic control device. vi. Are not located within any clearview triangle as that term is defined in SVMC 22.70.030. vii. Are not located on or within any stormwater facility, including but not limited to SWa1PS. viii. Are not located on any portion of a right-of-way that abuts City owned facilities and/or property, including but not limited to City Hall, CenterPlace, the Spokane Valley Police Department Precinct, and City parks. ix. Are (1) removed from the right-of-way within the sooner of either 14 calendar days after the event, if any, to which the sign pertains, or 240 days after initial placement, and (2) not again placed within any right-of-way until after 120 consecutive days have expired after removal. X. Are smooth and free of nails, tacks and wires. xi. Contain the owner's name, phone number, and a mailing address at which the owner reeularly receives first class or certified mail from the United States Postal Service. This information does not need to be conspicuouslyplaced on the front of the sign, but must be located on the sign in large enough print that it can be identified after reasonably inspection. F. Signs attached to or placed on a vehicle or trailer parked on public or private property; provided, that this provision shall not be construed as prohibiting the identification of a business or its product on a vehicle operating during the normal course of business; G. Signs obstructing visibility within any clearview triangle as established in Chapter 22.70 SVMC; H. Billboards except when permitted as provided in SVMC 22.110.130; I.Off-premises signs, except off -premises directional signs allowed pursuant to SVMC 22.110.040(D); J. Temporary signs unless specifically allowed pursuant to SVMC 22.110.050 or subsection E of this section; K. Abandoned signs and sign structures. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 21, 2025 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Public Records Act and Open Public Meetings Act training. GOVERNING LEGISLATION: Chapters 42.56 RCW (PRA) and 42.30 RCW (OPMA). PREVIOUS COUNCIL ACTION TAKEN: Training by staff at least once per year. BACKGROUND: Staff will provide training on the City's obligations pursuant to chapter 42.56 RCW (the Public Records Act), and chapter 42.30 RCW (the Open Public Meetings Act). OPTIONS: N/A. RECOMMENDED ACTION OR MOTION: N/A. BUDGET/FINANCIAL IMPACTS: N/A. 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