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2010, 12-14 Council Meeting AGENDA SPOKANE VALLEY CITY COUNCIL SPECIAL/REGULAR MEETING FORMAL MEETING FORMAT Tuesday,December 14,2010 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER: INVOCATION: Pastor David Thorin, Retired Chaplain PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: MAYOR'S REPORT: PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 04/19/2010 20014-20061 $317,147.25 06/21/2010 5030-5060 $2,776.00 07/01/2010 20520 $44.38 11/02/2010 21394-21418 $74,057.56 11/04/2010 3349-3364; 21420-21423 $194,812.14 11/05/2010 21424-21453 $130,708.68 11/05/2010 21454-21484 $313,430.67 11/12/2010 21485-21500 $21,045.49 11/12/2010 21501-21534 $216,581.31 11/17/2010 3366-3369 $55,684.78 11/19/2010 21535-21585 $749,168.38 11/23/2010 21586-21606 $110,468.43 11/24/2010 21607-21616 $12,606.82 11/30/2010 5190-5197 $409.00 GRAND TOTAL $2,198,940.89 b. Approval of Payroll for Period Ending November 15, 2010: $249,009.71 c. Approval of Payroll for Period Ending November 30,2010: $355,969.35 d. Approval of Snow Removal Plan(Level of Service) Council Agenda 12-14-10 Regular Meeting Page 1 of 2 e. Approval of City Council Formal Format Meeting Minutes of November 9, 2010 f. Approval of City Council Study Session Format Meeting Minutes of November 16, 2010 NEW BUSINESS: 2. Second Reading Proposed Ordinance 10-025 Amending Public Records (SVMC 2.75) — Cary Driskell [public comment] 3. Second Reading Proposed Ordinance 10-026 Amending 2010 Budget—Ken Thompson [public comment] 4. Motion Consideration: Mayoral Appointments a. Planning Commission Appointments—Deputy Mayor Schimmels [public comment] b. Lodging Tax Advisory Committee Appointments—Mayor Towey [public comment] c. Council Committee/Boards Appointments—Mayor Towey [public comment] 5. Motion Consideration: Allocation of Lodging Tax(Hotel/Motel)Funds for 2011 —Ken Thompson [public comment] 6. Motion Consideration: Purchase of Broadcasting Equipment—Greg Bingaman [public comment] 7. Motion Consideration: Street and Stormwater Maintenance Contract Renewal(Poe Contract)— Neil Kersten [public comment] 8. Motion Consideration: AAA Sweeping Contract—Neil Kersten [public comment] 9. Motion Consideration: AAA Vactoring Contract—Neil Kersten [public comment] 10. Motion Consideration: Amendment to Jail Interlocal Agreement—Morgan Koudelka [public comment] 11. Motion Consideration: Amendment to Geiger Interlocal Agreement—Morgan Koudelka [public comment] 12. Motion Consideration: Letters of Support Regarding Senate Bill 6225 —Mayor Towey [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 13. Aquifer Protection Area(APA) Fees—Neil Kersten 14. Gang Awareness Presentation—Chief VanLeuven 15. Governance Manual Amendment(televideo participation)—Mike Jackson 16. Advance Agenda INFORMATION ONLY: (will not be reported or discussed) 17. Corrected October 2010 Police Crime Report ADJOURNMENT General Meeting Schedule(meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. Please note: there will be No Meeting Tuesday,December 21,2010. The Formal meeting formats are generally held the 2r1 and 41'Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the less formal meeting) are generally held the 3rd and sometimes 5th Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical,hearing, or other impairments, please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Council Agenda 12-14-10 Regular Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12-14- 2010 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information [' admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 04/19/2010 20014-20061 $317,147.25 06/21/2010 5030-5060 $2,776.00 07/01/2010 20520 $44,38 11/02/2010 21394-21418 $74,057.56 11/04/2010 3349-3364;21420-21423 $194,812.14 11/05/2010 21424-21453 $130,708.68 11/05/2010 21454-21484 $313,430.67 11/12/2010 21485-21500 $21,045.49 11/12/2010 21501-21534 $216,581.31 11/17/2010 3366-3369 $55,684,78 11/19/2010 21535-21585 $749,168.38 11/23/2010 21586-21606 $110,468.43 11/24/2010 21607-21616 $12,606,82 11/30/2010 5190-5197 $409.00 GRAND TOTAL $2,198,940.89 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Ken Thompson, Finance Director ATTACHMENTS Voucher Lists vchlist 04/19/2010 9:21:12AM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account 20014 4/19/2010 000958 AAA SWEEPING, LLC 44127 42547 2010 STREET SWEEPING CONTRA 44128 42563 2010 AAA VACTORING CONTRACT Total: Amount 72,224.37 33,124.64 105,349.01 20015 4/19/2010 000197 AIRFACTZ 42273 BACKGROUND CHECKS:HR 20.00 Total: 20.00 20016 4/19/2010 002292 ALLISON'S FABRICATIONS 970-1 REPAIR GUTTER SYSTEM: CENTEF 1,500.94 Total: 1,500.94 20017 4/19/2010 001081 ALSCO LSP0767994 FLOOR MATS:CENTERPLACE 19.76 Total: 19.76 20018 4/19/2010 000212 ANS OF WASHINGTON, INC Notary NOTARY STAMP:ROXANNE 132.18 Total: 132.18 20019 4/19/2010 000135 APA 134254-100207 2010 APA MEMBERSHIP:KENDALL 255.00 183514-100207 APA 2010 MEMBERSHIP:M.PALAN 210.00 211610-100207 2010 APA MEMBERSHIP:SCHMIDT 240.00 Total: 705.00 20020 4/19/2010 001938 BERGER/ABAM ENGINEERS INC 16821 PROFESSIONAL SVCS:PLANNING 1,643/7 Total: 1,643.77 20021 4/19/2010 000918 BLUE RIBBON LINEN SUPPLY INC 9109029 LINEN SERVICE:CENTERPLACE 445.98 Total: 445.98 20022 4/19/2010 000863 CENTURY WEST ENG CORP 231642 42543 PROFESSIONAL SERVICES CINTRJ 6,862.30 231643 42555 10-011 DESIGN ROW CIP 0063 13,491.12 Total: 20,353.42 20023 4/19/2010 000729 CH2MHILL INC 3742951 41025 0003-BARKER ROAD BRIDGE 32,876.23 3743020 42433 PARK RD RECON 0069 ENG SVCS 12,601.37 Total: 45,477.60 20024 4/19/2010 001169 CITY OF SPOKANE VALLEY APRIL 2010 PETTY CASH:7845 17.82 Page: 1 vchlist 04119/20/0 9:21:12AM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher 20024 20025 20026 20027 20028 20029 20030 20031 20032 20033 20034 20035 20036 Date Vendor Invoice 4119/2010 001169 001169 CITY OF SPOKANE VALLEY (Continued) 4/19/2010 001780 CLC ASSOCIATES, INC 4/19/2010 000508 CONOCOPHILL1PS FLEET 4/19/2010 000326 CONSOLIDATED IRRIGATION#19 4/19/2010 000683 DAVID EVANS&ASSOCIATES 4/19/201D 000409 DEPT OF REVENUE 4/19/2010 002245 DUNCAN,SHAWN&SANDRA 4119/2010 001447 FREE PRESS PUBLISHING INC 4/19/2010 001253 4/19/2010 000007 GORDON THOMAS HONEYWELL GRAINGER 4/19/2010 002271 GRASSEL, BRENDA 4/19/2010 000002 H&H BUSINESS SYSTEMS INC, 4/19/2010 000864 JUB ENGINEERS, INC. 30718 870166725003 FEBRUARY 2010 288671 1st Qtr 2010 CIP No.0088 33930 33936 33937 MAR 101042 861093094 9216837840 EXPENSES March 2010 0063817 PO# 42488 Description/Account Total: SURVEY SERVICES FOR PROJECT Total : MARCH 2010:FLEET FUEL BILL Total: 42570 LOWERING OF EXISTING WATERL Total: 42571 AGREEMENT FOR PROFESSIONAL Total : LEASEHOLD EXCISE TAX RETURN Total ROW ACQUISITIONS/BRAODWAY 1 Total: LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LOBBYIST SERVICES Total: Total: 42528 2010 SMALL TOOLS&EQUIP APRON—CENTERPLACE Total: MILEAGE FOR FEBRUARY-MARCI- Total : COPIER COST PROFESSIONAL SERVICES Total: Amount 17.82 1,709.93 1,709.93 1,803.51 7,803.551 26,260.59 26,260.59 7,224.00 7,224.00 1,289.29 1,289.29 700.00 700.00 190.35 69.70 68.85 328.90 3,117.54 3,117.54 37.13 11.38 48.51 69,00 69.00 2,944.29 2,944.29 2;598.45 Page: 2 vchlist 04/19120/0 9:21:12AM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher 20036 20037 20038 20039 20040 20041 20042 20043 20044 20045 20046 20047 20048 Date Vendor 4/19/2010 000864 000864 JUB ENGINEERS, INC. 4/19/2010 000993 LES SCHWAB TIRE CENTER 4/19/2010 002259 MENKE JACKSON BEYER EHILS 4/19/2010 002203 NAPA AUTO PARTS 4/19/2010 000662 NAIL BARRICADE&SIGN CO 4/19/2010 000652 OFFICE DEPOT INC. 4/19/2010 002243 ORBITCOM 4/19/2010 000029 PITNEY BOWES 4/19/2010 000519 PITNEY BOWES 4/19/2010 001089 POE ASPHALT PAVING, INC. 43188 MARCH 2010 Invoice (Continued) 494345 499 /5930976 68178 514636188001 00331893 1428307 AP 10 371443 4/19/2010 002290 PURCHASE POWER 4/19/2010 000019 PURRFECT LOGOS, INC. 4/19/2010 000322 QWEST POSTAGE 25552 509-924-4707 740E PO# 42531 42532 Description/Account Amount Total: 2,598.45 WINTER CHANGEOVER:06769D Total PROFESSIONAL SERVICES Total : 2010 SMALL TOOLS&EQUIP Total: 2010 SMALL TOOLS&EQUIP Total: OFFICE SUPPLIES:FINANCE Total: EITHERNET:APRIL 2010 POSTAGE ME I ER RENTAL POSTAGE METER E-Z SEAL Total: Total: Total: 42535 2010 SNOW REMOVAL CONTRACT 42551 2010 STREET&STORMWATER MA Total: REFILL POSTAGE ME I ER 244.79 244.79 402.50 402.50 134.88 134.88 16.31 16.31 45.26 45.26 625.00 625.00 472.00 472.00 110.52 110.52 2,061.71 28,712.18 30,773.89 5,000.00 Total : 5,000.00 COUNCIL&CITY LOGO MAGNETIC Total: 379.36 379.36 MAR 2010 PHONE SERVICE:TERRI 109.57 Total: 109.57 Page: 3 vchlist 0411912010 9:21:12AM Voucher List Spokane Valley Page: 4 Bank code: apbank Voucher 20049 20050 20051 20052 20053 20054 20055 20056 20057 20058 20059 20060 Date Vendor 4/19/2010 000952 RECALL DESTRUCTION SVC 4/19/2010 001066 SHARP-LINE INDUSTRIES, INC. 4/19/2010 000230 SPOKANE CO AUDITORS OFFICE 4/19/2010 000090 SPOKANE CO INFO SYSTEMS 4/19/2010 000001 SPOKANE CO TREASURER 4/19/2010 000093 SPOKESMAN-REVIEW 4/19/2010 001969 SUNSHINE DISPOSAL 4/19/2010 002110 TARGET MEDIA N.W. PUBLISHING Invoice 3901150941 10413-1 MARCH 2010 50305386 51500105 180014 183247 0026020310 39559 4/19/2010 000335 TIRE-RAMA 8080004877 8080004930 4/19/2010 002185 URS CORPORATION 4/19/2010 000676 WEST 4/19/2010 002293 WSCAA 4279612 820331546 Registration PO# Description/Account DOCUMENT DESTRUCTION INSTALLED GRAVEL ROAD RECORDING FEES COUNTY IT SUPPORT MARCH 2010:WORK CREW INSERTS: PARK&REC ADVERTISING: CLERK Total : Total: Total: Total : Total: Total: DISPOSAL FOR PACKETT ABATEM Total : PRINTING:HOT TOPIC Total: SNOW TIRE CHANGE:32810D SNOW TIRE CHANGE:40203D Total PROFESSIONAL SERVICES:SHORE Total : LEGAL SUBSCRIPTION Total: 2010 SPRING WSCAA CONFERENC Total: Amount 23.14 23.14 1,005.48 1,00548 573.00 573.00 17,610.72 17,610.72 5,901.05 5,901.05 3,783.71 594,77 4,378.48 3,524.00 3,524.00 703.53 703.53 65.22 65.22 130A4 20,300.00 20,300.00 615.57 615.57 80.00 80.00 Page: 4 vchlist 0411 9/20/0 9:21:12AM Voucher List Spokane Valley Page: 5 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 20061 4/19/2010 001885 ZAYO BANDWIDTH LLC April 2010 DARK FIBER LEASE 22827 48 Vouchers for bank code: apbank 48 Vouchers in this report I,the undersigned, do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized . authenticate and certify said claim_ Finan Mayor r Co Date �i 2-3 /0 Dat Date Total: 228.27 Bank total: 317,147.25 Total vouchers: 317,147.25 Page: 5 c vchlist 06/21/2010 2:12:12PM flpproued ;n Z3uvse ZdtO Voucher List Spokane Valley Page: 1 Bank code: pk-ref Voucher 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 Date Vendor Invoice P01/ Description/Account Amount 6/21/2010 001709 BENSTINE, PAT 6/21/2010 002352 BYRUM,JACQUIE 6/21/2010 002349 CALL, MICHAEL 6/21/2010 002343 CONRAD,JULIA REFUND REFUND REFUND REFUND 6/21/2010 002358 CONTINUOUS CURRICULUM SCHOOL REFUND 6/21/2010 002351 EARLE,JAYME 6/21/2010 002360 GRAY,JOLENE REFUND REFUND 6/21/2010 002342 GREATER SPOKANE ASSOC.OF, STUD! REFUND 6/21/2010 002336 HALL,TONYA 6/21/2010 002346 HAMM, DAVE 6/21/2010 002337 HANES,JEFF 6/21/2010 002354 HOLMES, NANCY 6/21/2010 002341 HURT,VICKIE REFUND REFUND REFUND REFUND REFUND DEPOSIT REFUND—SULLIVAN PAR Total: DEPOSIT REFUND—MIRABEAU ME Total: REFUND DEPOSIT—MISSION PARK Total: CANCELLATION REFUND—ROOM 1 Total : DEPOSIT REFUND—GREAT ROOM, Total: DEPOSIT REFUND—MIRABEAU ME Total: DEPOSIT REFUND—ROOM 109 Total : DEPOSIT REFUND—GREAT ROOM Total : DEPOSIT REFUND—VALLEY MISSic Total: DEPOSIT REFUND—EDGECLIFF PI Total: DEPOSIT REFUND—VALLEY MISSIc Total: DEPOSIT REFUND—MEETING ROO Total : 257.00 257.00 52.00 52.00 52.00 52.00 277.00 277.00 123.00 123.00 52.00 52.00 52.00 52.00 210.00 210.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 DEPOSIT REFUND—VALLEY MISSIc 52.00 Page: 1 j 0 rn ell (101 vchlist Voucher List Page: 2 0612112010 2:12:12PM Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice PO# Description/Account Amount 5042 6/21/2010 002341 002341 HURT,VICKIE (Continued) Total : 52.00 5043 6/21/2010 002357 INLAND NW BLOOD CENTER REFUND DEPOSIT REFUND-GREAT ROOM 70.00 Total : 70.00 5044 6/21/2010 0D2335 KOLOMOYTSEVA,MARINA REFUND DEPOSIT REFUND—MIRABEAU ME 52.00 Total: 52.00 5045 6/21/2010 002131 LDS CHURCH REFUND DEPOSIT REFUND-MIRABEAU ME 52.00 Total : 52.00 5046 6/21/2010 002355 LOUCKS,JIM REFUND DEPOSIT REFUND-MIRABEAU ME 257.00 Total: 257.00 5047 6/21/2010 002353 MARTINEK,JOHN REFUND DEPOSIT REFUND—MIRABEAU ME 52.00 Total : 52.00 5048 6/21/2010 002340 PEMBLE, KELLI REFUND DEPOSIT REFUND—VALLEY MISSIt 52.00 Total : 52.00 5049 6/21/2010 002348 PENWELL, CHELOYE REFUND CANCELATION REFUND—MIRABEF 136.00 Total: 136.00 5050 6/21/2010 002347 ROWE, KIM REFUND CANCELLATION REFUND—MISSIOI 136.00 Total: 136.00 5051 6/21/2010 002359 SCHWAB, ERICA S REFUND CANCELLATION REFUND—SWING 55.00 Total : 55.00 5052 6/21/2010 000774 SERVATRON, INC. REFUND DEPOSIT REFUND-MIRABEAU PAl 52.00 Total: 52.00 5053 6/21/2010 002338 SORAN,SCOTT REFUND DEPOSIT REFUND—EDGECLILFF F 52.00 Total : 52.00 5054 6/21/2010 002345 SPOKANE MOUNTAINEERS REFUND REFUND DEPOSIT—MEETING ROO 52.00 Total: 52.00 5055 6/21/2010 002361 STEVENS,APRIL REFUND DEPOSIT REFUND—VALLEY MISSI( 52.00 Page: 2 vchlist 0612112010 2:12:12PM Voucher List Page: 3 Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice PO# Description/Account Amount 5055 6/21/2010 002361 002361 STEVENS,APRIL (Continued) Total : 52.00 5056 6/21/2010 002334 STROKES, COURTNEY REFUND DEPOSIT REFUND—MIRABEAU PAI 52.00 Total : 52.00 5057 6/21/2010 002356 TOMLINSON AFFILIATE SERVICES, REFUND DEPOSIT REFUND—GREAT ROOM 210.00 Total : 210.00 5058 6/21/2010 002344 WAIORA REFUND DEPOSIT REFUND—MEETING ROC 5.00 Total : 5.00 5059 6/21/2010 002350 WALSH,TINA REFUND DEPOSIT REFUND-MIRABEAU SPI 52.00 Total : 52.00 5060 6/21/2010 002339 YATES,SHANNON REFUND DEPOSIT REFUND—MIRABEAU ME 52.00 Total : 52.00 31 Vouchers for bank code: pk-ref Bank total : 2,776.00 31 Vouchers in this report Total vouchers: 2,776.00 1,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 3 vchiist 07/0112010 4:17:38PM WeSrit AfferNeCi in atIy Zi ICl Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 20520 7/2/2010 000120 AWC 1 Vouchers for bank code: apbank 1 Vouchers in this report I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authent to and certify to said claim. I Finance Director Date Ben33508Cor GROUP HEALTH (PRE TAX)ADS: Pi 44.38 Total : 44.38 Bank total : 44.38 Total vouchers: 44.38 Page: 1 *Wane ..„0.01/alley FINANCE DEPARTMENT 11707 E.SPRAGUE AVENUE SUITE 106 SPOKANE VALLEY,WA 99206 (509)921-1000 CLAIM VOUCHER NO. 20520 AUDITING OFFICER'S CERTIFICATION 1,the undersigned do hereby certify under penalty of perjury,that the materials have been furnished,the services rendered,or the labor performed as described herein, and that the claim is a just,due and unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. X DATE CHECK NUMBER VENDOR NUMBER VENDOR CLAIM VOUCHER NO. AMOUNT DUE 1. 7/2/2010 20520 000120 AWC 20520 44..38 AUDITING OFFICER'S CERTIFICATION 1,the undersigned do hereby certify under penalty of perjury,that the materials have been furnished,the services rendered,or the labor performed as described herein, and that the claim is a just,due and unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. X PURCHASE ORDER NO. P.O. DATE INVOICE NUMBER INVOICE DESCRIPTION ACCOUNT DISTRIBUTION AMOUNT DUE 1. Ben33508Cor GROUP HEALTH (PRE TAX)AD.l. PA 001.018.013.513.1020.00 44..38 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. GRAND TOTAL 44.38 AUDITING OFFICER'S CERTIFICATION 1,the undersigned do hereby certify under penalty of perjury,that the materials have been furnished,the services rendered,or the labor performed as described herein, and that the claim is a just,due and unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. X Spokane C'TY Vallee 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000• Fax: 509.921.1008 1 cityhall@spokanevalley.org 2%c!�t'c'x_'.au':'s+rxx:ye yr _;;2" R..&da Nf' .S"b':, ✓k'a'e."a'!Y:�aj.'i'6ti"-C9'M =.AFC:.`ZAtiss'e...rv..M.'x'/= ivaacea!:cvroar'x: -t£✓vkr Memorandum To: From: Sarah Davenport,Accounting Technician /V.----- Date: November 2010 / Re: Vouchers 21394-21418 On or about 10/22/2010, a voucher list including numbers 21302—21320 in the amount of 53,396.48 was approved by all required individuals. The normal process of posting after printing was not completed, which caused these vouchers to show up on the current check run's voucher list. Please disregard the duplication that shows on this voucher listing. Both check runs are now posted, and the current check run, dated 11/2/2010, including vouchers 21394— 21418 in the amount of 74,057.56 is attached for approval. vchlist \11110212010 4:49:52PM Voucher List Spokane Valley Page: '1 Ban code: apbank Voucher Date Vendor Invoice PO# 21302 010 000030 AVISTA Oct 2010 October 2010 21303 10/22/2010 0009 BLUE RIBBON LINEN SUPPLY INC 9160300 21304 10/22/2010 000572 CARTER,... ROL Expenses 21305 10/22/2010 002469 COMMUNITY MIND' Q ENTERPRISES 3410 21306 21307 21308 21309 10/22/2010 002507 FASTENERS, INC 10/22/2010 000858 FOOD EQUIPMENT INTL, INC. 10/22/2010 002196 HOLTEN,MELISSA 10/22/2010 000070 INLAND POWER : GHT CO 3429 S2900138.00 Description/Account UTILITIES:PARKS MASTE ISTF UTILITIES: PW MAST ' AVISTA Total: LINEN S ' ICE AND SUPPLY Total : EXPENSE REIMBURSEMENT Total: AUGUST BROADCASTING SERVICI SEPTEMBER BROADCASTING SER Total: 21310 10/22/2010 000388 IRVIN +ATER DIST.#6 21311 10/22/2010 21312 13 10/22/2010 001084 PAPICH,JENNIFER 662 NATL BARRICADE&SIGN CO 2212010 001295 NICE Expenses 94202-010 October 2010 70671 Oct 2010 Expenses SUPPLIES FOR WINTER FACILITY Total: SUPPLIES CENTERPLACE Total: EXPENSE REIMBURSEMENT Total: ANNUAL UTILITIES:3415 S.UNIVEF Total: UTILITIES: PW SIGNA FOR STREETS SEMINAR REGIS Total : Total: ON: HVAC S. Total: EXPENSE REIMBURSEMENT Amount 11,279.81 20,962.68 32,242.49 180.19 180.19 238.08 238.08 3,000.00 3,000.00 6,000.00 920.71 920.71 18.59 18.59 31.11 31.11 276.07 276.07 166.96 166.96 1,339.73 1,339.73 30.00 30.00 77.61 Page: 1 iLiWZLIAlf vchlist 1110212010 4:49:52PM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor /J / '' Invoice PO# Description/Account ount `21313 10/22/2010 001084 001084 PAPICH, ENNIFER (Continued) otal • - 77.61 21314 1/22/2010 000935 SERVICE PAPER CO 110378472 21315 10/22/2010 000896 `: NE VALLEY MEALS ON WHEELS October 2010 21316 10/22/2010 001444 UNITED LABORATORIES 28641 21317 10/22/2010 000167 VERA WATER&POWER 0000081 Sept 2010 • 21318 10/22/2010 002519 2010 21319 10/ .10 000038 WASTE MANAGEMENT OF SPOKANE 0052033-1518-8 SUPPLIE ERPLACE 12398 Total: 123.98 OUTSIDE AGENCY REIMBURSEME 6,500.00 Total: 6,500.00 SUPPLIES CENTERPLACE 403.86 Total : 403.86 FIRE HYDRANT PERMIT AND CON. 1,809.64 UTILITIES:SEPT 2010 1,093.11 Total: 2,902.75 ME HIP TO WAFM 60.00 Total: 60.00 WASTE MGMT:PW SEP -; 1,192.34 Tota 1,192.34 EXPENSE REIMBURSEMENT 6 692.01 24 0 10/22/2010 000347 WORLEY, STEVE 21394 11/2/2010 001606 BANNER BANK 21395 11/2/2010 002523 BA I I ERY SYSTEMS INC Expenses 0618 0620 0638 4375 4458 4474 4720 6527 8861 47-028214 OCT 2010:0618 OCT 2010:0620 OCT 2010:0638 OCT 2010:4375 OCT 2010:4458 OCT 2010:4474 OCT 2010:4720 OCT 2010:6527 OCT 2010:8861 Total: Total: 20.00 20.00 20.00 500.00 504.52 147.45 1,211.01 2,104.50 3,281.90 SUPPLIES FOR CP 2,989.25 Total : Page: 2 vchlist 1110212010 4:49:52PM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice 21396 11/2/2010 000918 BLUE RIBBON LINEN SUPPLY INC 9162202 S0047058 $0086002 21397 11/2/2010 001169 CITY OF SPOKANE VALLEY 21398 11/2/2010 000326 CONSOLIDATED IRRIGATION#19 21399 11/2/2010 000278 DRISKELL, CARY 21400 11/2/2010 000246 EAST SPOKANE WATER DIST#1 21401 11/2/2010 000999 EASTERN WA ATTORNEY SVC, INC 21402 11/2/2010 000321 GREATER SPOKANE INC 21403 11/2/2010 001723 HEDEEN&CADITZ, PLLC 21404 11/2/2010 000741 HONEY BUCKETS 21405 11/2/2010 001635 ISS FACILITY/EVENT SERVICES 21406 11/2/2010 001576 KENDALL, KAREN 21407 11/2/2010 000635 KUHTA,SCOTT PO# Description/Account Amount Oct 2010 October 2010 Expenses October 2010 43065 75683 6568 1-202919 24054 Expenses Expenses LINEN SUPPLY LINEN SUPPLY LINEN SUPPLY Total: PEI 1Y CASH:8704, 05, 08,09,10, 1 Total: UTILITIES:PW EXPENSE REIMBURSEMENT UTILITIES: PUBLIC WORKS LEGAL SERVICES Total: Total: Total : Total : 3RD QTR 2010 GRANT REIMBURSE Total : PROFESSIONAL SVCS Total : HONEY BUCKET RENTAL: PARKS Total : OCTOBER 2010:MONTHLY JAN ITO Total: EXPENSE REIMBURSEMENT EXPENSE REIMBURSEMENT Total: Total: 253.83 44.78 56.96 23.25 279.94 14.95 819.56 40.00 15,000.00 687.50 65.00 7,136.00 . gc 12.00 157.99 Page: 3 vchlist 1110212010 4:49:52PM Voucher List Spokane Valley Page: 4 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account 21408 11/2/2010 000387 MODEL IRRIGATION DIST.#18 21409 11/2/2010 001233 NORTHWEST FENCE COMPANY 21410 11/2/2010 000283 NRPA 21411 11/2/2010 000324 SPOKANE CO WATER DIST#3 06-0400.0 0017522-IN Nov 2010 Oct 2010 21412 11/2/2010 000451 SPOKANE REG SPORTS COMMISSION 3rd Qtr 2010 21413 11/2/2010 000420 SPOKANE REGIONAL HEALTH DIST 3rd Qtr 2010 21414 11/2/2010 000404 SPOKANE VALLEY HERITAGE MUSEUM 10-15 21415 11/2/2010 000295 VALLEYFEST 21416 11/2/2010 000167 VERA WATER&POWER 1318 August 2010 21417 11/2/2010 000038 WASTE MANAGEMENT OF SPOKANE 2824188-2681-8 21418 11/2/2010 002111 WASTE MANAGEMENT OF SPOKANE NOV 2010 44 Vouchers for bank code: apbank 44 Vouchers in this report EXCESS APRIL TO OCT FENCING-CENTERPLACE Total: Total : MEMBERSHIP FOR 2010-RENEW/ Total : WATER CHARGES:PW Total : LODGING TAX REIMBURSEMENT - Total : 3RD QTR 2010:WATER TESTING Total : LODGING TAX REIMBURSEMENT:R Total: LODGING TAX REIMBURSEMENT 2 Total: UTILITIES:AUG 2010 PARKS Total : WASTE MGMT:MAINT FACILITY Total : 42546 2010 LEASE ON MAINTENANCE FA Total: Amount 1,008:00 2,815.33 145.00 156.36 24,987.00 189.00 2,429.50 ,s 2,334.61 233.58 173.79 4,195.00 Bank total : —127,454.84- Total vouchers: 1.27,454.04- moo. Page: 4 vchlist Voucher List Page: 1 11/0412010 3:35:20PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 3349 11/5/2010 000048 VANTAGE TRANSFER AGENTS,401A PLAN Ben35617 401A Payment 22,356.74 Total: 22,356.74 3350 11/5/2010 000682 EFTPS Ben35619 FEDERAL TAXES:Payment 26,188.23 Total: 26,188.23 3351 11/5/2010 000145 VANTAGEPOINT TRANSFER AGENTS,457 PL Ben35621 457 DEFERRED COMPENSATION: Payn 3,999.43 Total: 3,999.43 3352 11/5/2010 000162 VANTAGE TRANSFER AGENTS,401A EXEC P Ben35623 401 EXEC PLAN:Payment 1,026.67 Total: 1,026.67 3364 11/5/2010 000682 EFTPS Ben35628 FEDERAL TAXES:Payment 1,187.32 Total: 1,187.32 21419 11/5/2010 000120 AWC Ben35607 HEALTH PLANS:PAYMENT 89,701.15 Ben35626 HEALTH PLANS(COUNCIL):PAYMENT 5,453.32 Total: 95,154.47 21420 11/5/2010 001896 DANIEL H BRUNNER Ben35615 HOLTEN, M 07-03752-PCW13:Payment 100.00 Total: 100.00 21421 11/5/2010 000165 DEPT OF RETIREMENT SYSTEMS Ben35609 PERS:Payment 41,386.06 Total: 41,386.06 21422 11/5/2010 002227 IDAHO TAX COMMISSION Ben3561 I IDAHO STATE TAX BASE:Payment 1,329.93 Total: 1,329.93 21423 11/5/2010 000699 WA COUNCIL CO/CITY EMPLOYEES Ben35613 UNION DUES:Payment 2,083.29 Total: 2,083.29 10 Vouchers for bank code: apbank Bank total: 194,812.14 10 Vouchers in this report Total vouchers: 194,812.14 Page: 1 vchlist 11/05/2010 12:45:34P M Voucher List Spokane Valley Page: 1 Bank code: Voucher 21424 21425 21426 21427 21428 21429 21430 21431 21432 21433 21434 21435 apbank Date Vendor Invoice PO# Description/Account Amount 11/5/2010 000197 AIRFACTZ 11/5/2010 000334 ARGUS JANITORIAL LLC 11/5/2010 001409 BEST LINE 11/5/2010 000918 BLUE RIBBON LINEN SUPPLY INC 11/5/2010 000572 CARTER, CAROL 11/5/2010 000109 COFFEE SYSTEMS INC 11/5/2010 000326 CONSOLIDATED IRRIGATION#19 11/5/2010 000278 DRISKELL, CARY 11/5/2010 000246 EAST SPOKANE WATER DIST#1 11/5/2010 000858 FOOD EQUIPMENT INTL, INC. 11/5/2010 002235 GRAFOS, DEAN 11/5/2010 000022 INLAND BUSINESS PRODUCTS, INC. 48024 INV005488 101001162 9164116 9166034 50086076 Expenses 3820:065333 October 2010 Expenses October 2010 8259 Expenses 57765 BACKGROUND CHECKS: HR 20.00 Total : 20.00 2,165.23 Total : 2,165.23 22.00 Total : 22.00 171.72 273.75 8.52 Total : 453.99 54.00 Total : 54.00 32.61 Total : 32.61 303.70 Total : 303.70 52.70 Total: 52.70 564.14 Total: 564.14 62.61 Total : 62.61 26.00 Total : 26.00 23.91 JANITORIAL SERVICES: OCT 2010 ANSWERING SVC: CP LINEN SUPPLY: CP LINEN SUPPLY: CP LINEN SUPPLY: CP EXPENSE REIMBURSEMENT SERVICE COMPONENT FEE UTILITIES: PARKS EXPENSE REIMBURSEMENT UTILITIES: PARKS SUPPLIES CENTERPLACE EXPENSE REIMBURSEMENT EMPLOYEE PHOTO ID"S Page: 1 vchlist 11/05/2010 12:45:34PM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account 21435 11/5/2010 000022 000022 INLAND BUSINESS PRODUCTS, INC (Continued) 21436 11/5/2010 000388 IRVIN WATER DIST.#6 NOV 2010 21437 11/5/2010 001635 ISS FACILITY/EVENT SERVICES 24090 21438 11/5/2010 001944 LANCER LTD 21439 11/5/2010 000252 LOWE'S BUSINESS ACCOUNT 21440 11/5/2010 001684 MARKETING SOLUTIONS NW 21441 11/5/2010 000193 NORTHWEST CHRISTIAN SCHOOL INC 3rd Qtr 2010 CAM 24148 0409974 OCT 2010 CP10/22/2010 Media 21442 11/5/2010 000652 OFFICE DEPOT INC. November 2010 537333969001 538107924001 21443 11/5/2010 000058 OMA OCTOBER 2010 21444 11/5/2010 000415 ROSAUERS 670307 670656 21445 11/5/2010 000709 SENSKE LAWN&TREE CARE INC. 3727771 3864290 4068945 UTILITIES: PARKS EVENT SERVICES: CP EVENT SERVICES: CP Total : Total : Total : BUSINESS CARD MAGNETS: CP Total : OPERATING SUPPLIES:CP ADVERTISING: CP Total : Total: 3RD QTR 2010 CAM CHARGES CITY HALL RENT OFFICE SUPPLIES: CP OFFICE SUPPLIES: CP Total: Total: PHYSICAL EXAMS: NEW EMPLOYE Total : SUPPLIES FOR HAUNTED POOL SUPPLIES FOR HAUNTED POOL Total: CONTRACT MAINT: CENTERPLACE CONTRACT MAINT: DISCOVERY PL CONTRACT MAINTENANCE: PRECI Total: Amount 23.91 166.00 166.00 287.06 94.92 381.98 132.75 132.75 457.05 457.05 3,348.00 3,348.00 511.21 37,300.83 37,812.04 67.96 40.98 108.94 130.00 130.00 46.91 74.97 121.88 44,562.40 5,445.40 535.92 50,543.72 Page: 2 vchlist 1 1/05/2010 12:45:34P M Voucher List Spokane Valley Page: 3 Bank code: Voucher 21446 21447 21448 21449 21450 21451 21452 apbank Date Vendor 11/5/2010 000324 SPOKANE CO WATER DIST#3 Invoice Oct 2010 11/5/2010 001083 STANDARD PLBG HEATING CONTROLS 28503 11/5/2010 001791 STONE, MIKE 11/5/2010 001911 THE GLOVER MANSION 11/5/2010 000295 VALLEYFEST 11/5/2010 000402 WA STATE BAR ASSOCIATION PO# Description/Account Expenses CP133 303 October 2010 11/5/2010 000038 WASTE MANAGEMENT OF SPOKANE 2824186-2681-2 2824187-2681-0 21453 11/5/2010 000766 YMCA OF THE INLAND NW 30 Vouchers for bank code: apbank September 2010 WATER CHARGES: PARKS Total : LABOR AND TRAVEL FOR WO 190! Total : Total : Total : Total : Total: EXPENSE REIMBURSEMENT EVENT CATERING:CP ADVERTISING: CP 2011 LICENSE FEE-WSABA WASTE MGMT: CENTERPLACE WASTE MGMT: PRECINCT Total : SEPT 2010 OPERATION AND MAIN" Total : Bank total : 30 Vouchers in this report Total vouchers: Amount 132.20 132.20 120.93 120.93 694.00 694.00 1,518.64 1,518.64 1,515.00 1,515.00 480.00 480.00 734.39 285.27 1,019.66 28,245.00 28,245.00 130,708.68 130,708.68 Page: 3 vchlist 11/05/2010 12:48:53PM Voucher List Spokane Valley Page: 1 Bank code: Voucher 21454 21455 21456 21457 21458 21459 21460 21461 21462 21463 21464 21465 21466 apbank Date Vendor invoice PO# Description/Account Amount 11/5/2010 001873 ACME CONCRETE PAVING INC 11/5/2010 001081 ALSCO 11/5/2010 000135 APA 11/5/2010 000050 APA-INLAND EMPIRE SECTION 11/5/2010 002509 AUTO TRIM DESIGN OF SPOKANE 11/5/2010 000729 CH2MHILL INC 11/5/2010 001888 COMCAST 11/5/2010 000603 CONTRACT DESIGN ASSOC INC 11/5/2010 000683 DAVID EVANS&ASSOCIATES 11/5/2010 000999 EASTERN WA ATTORNEY SVC, INC 11/5/2010 000106 FEDEX 11/5/2010 001447 FREE PRESS PUBLISHING INC 11/5/2010 000179 GFOA NOVEMBER 2010 LSP0873946 202975-100801 PMB 10-002 17011 3768472 NOVEMBER 2010 29168 296601 NOVEMBER 2010 7-275-97190 35128 01568605 42622 SPRAGUE/SULLIVAN CONSTRUCT! Total : FLOOR MATS: CITY HALL 2011 MEMBERSHIP APA WEBINAR Total : Total : Total: REMOTE START WITH KEYLESS El Total : 42433 PARK RD RECON 0069 ENG SVCS Total : 42633 HIGH SPEED INTERNET: CITY HALT Total: CHAIRS-MORRIS,HINSHAW SURVEYING SERVICES PAST DUE INVOICES Total: Total: Total: SHIPPING CAHRGES: LEGAL Total: LEGAL PUBLICATION Total : GAAFR REVIEW NEWSLETTER 4,481.72 4,481.72 27.21 27.21 350.00 350.00 150.00 150.00 298.93 298.93 14,626.50 14,626.50 108.95 108.95 1,379.18 1,379.18 1,400.00 1,400.00 433.00 433.00 35.48 35.48 25.00 25.00 50.00 Page: 1 vchlist Voucher List 11/05/2010 12:48:53PM Spokane Valley Page: 2 Bank code: apbank Voucher 21466 21467 21468 21469 21470 21471 21472 21473 21474 21475 21476 21477 21478 Date Vendor Invoice PO# Description/Account 11/5/2010 000179 000179 GFOA (Continued) 11/5/2010 001728 HP FINANCIAL SERVICES CO 600268375/600268226 11/5/2010 000632 INT'L CODE COUNCIL:MEMBERSHIP 2799524 11/5/2010 000265 JACKSON, MIKE NOVEMBER 2010 11/5/2010 000993 LES SCHWAB TIRE CENTER 366908 11/5/2010 000258 MICROFLEX INC. 00019584 11/5/2010 002532 NPELRA Whitehead 30018 11/5/2010 001941 SEATTLE PUBLIC UTILITIES W0071583 11/5/2010 002531 SIX ROBBLEES INC 5-581238 11/5/2010 001100 SPOKANE CO SHERIFFS OFFICE OCTOBER 2010 11/5/2010 000459 SPOKANE CO TITLE CO OCTOBER 2010 11/5/2010 000459 SPOKANE CO TITLE CO OCTOBER 2010 11/5/2010 000001 SPOKANE CO TREASURER 14500095 51500387 Total: NOVEMBER 2010 LEASE PYMT Total: GOVERNMENTAL MEMBERSHIP: BI Total: MONTHLY AUTO ALLOWANCE Total : TIRE:CHEVY S10—06769D Total: TAXTOOLS SOFTWARE RENTAL Ot Total: 2011 ANNUAL MEMBERSHIP DUES Total: GPS SUBSCRIPTION Total: WINTER MAINT SUPPLIES:PW Total: X-52 DUI EMPHASIS GRANT Total: 42653 INDIANA AVE ROW ESCROW Total : ROW/ACQUISITIONS/INDIANA EXT. Total : 3RD QTR 2010: EXCISE&LIQUOR SEPTEMBER 2010 JAIL HOUSING Total: Amount 50.00 2,441.42 2,441.42 180.00 180_00 300.00 300.00 81.53 81.53 343.83 343.83 200.00 200.00 1,900.00 1,900.00 105.92 105.92 4,038.89 4,038.89 52,500.00 52,500.00 1,650.24 1,650.24 5,685.05 35,678.74 41,363.79 Page: 2 vchlist 11/05/2010 12:48:53PM Voucher List Page: 3 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 21479 11/5/2010 000065 STAPLES ADVANTAGE 8016669286 OFFICE SUPPLIES: OCTOBER 201 C 353.63 Total: 353.63 21480 11/5/2010 000335 TIRE-RAMA 8080007418 OIL CHANGE:2000 CHEVY S10^-06 24.74 Total : 24.74 21481 11/5/2010 002185 URS CORPORATION 4455196 PROFESSIONAL SERVICES:SHORE 700.00 Total: 700.00 21482 11/5/2010 000087 VERIZON WIRELESS 6491951885 AIRCRAFT CARDS FOR STREET MI 215.05 Total: 215.05 21483 11/5/2010 000100 WABO INC. 21835 INTERNATIONAL PLUMBING CODE 67.67 Total: 67.67 21484 11/5/2010 002533 WATCHGUARD SERVICES AS 181010-79121 SERVICE AGREEMENT 2,398.05 Total: 2,398.05 1104100008 11/5/2010 000001 SPOKANE CO TREASURER OCTOBER 2010 SPOKANE COUNTY SERVICES 181,199.94 Total: 181,199.94 32 Vouchers for bank code: apbank Bank total : 313,430.67 32 Vouchers in this report Total vouchers: 313,430.67 Page: 3 vchlist 11/12/2010 12:59:12PM Voucher List Spokane Valley Page: 1 Bank code: Voucher 21485 21486 21487 21488 21489 21490 21491 21492 21493 21494 21495 21496 apbank Date Vendor Invoice PO# Description/Account Amount 11/12/2010 001081 ALSCO October 2010 11/12/2010 000918 BLUE RIBBON LINEN SUPPLY INC 9167957 S0048114 11/12/2010 000143 CITY OF SPOKANE 11/12/2010 000070 INLAND POWER&LIGHT CO 11/12/2010 000388 IRVIN WATER DIST.#6 11/12/2010 001635 ISS FACILITY/EVENT SERVICES 11/12/2010 000019 PURRFECT LOGOS, INC. 11/12/2010 000709 SENSKE LAWN&TREE CARE INC. Sept 2010 OCT 2010 NOVEMBER 2010 24216 26739 3751767 11/12/2010 000935 SERVICE PAPER CO 110392847 110392857 11/12/2010 000323 SPOKANE CO UTILITIES 11/12/2010 001992 SPOKANE HOTEL MOTEL ASSOC 11/12/2010 000093 SPOKESMAN-REVIEW NOVEMBER 2010 915 220878 FLOOR MATS: PRECINCT Total: LINEN SUPPLY:CENTERPLACE LINEN SUPPLY:CENTERPLACE Total : TRANSFER STATION: PW UTILITIES:PW UTILITIES: PW Total : Total : Total : EVENT SVCS: CENTERPLACE Total : SIGNAGE FOR PRECINCT Total : 42553 2010 EMERG TRAFFIC CONTROL S Total : SUPPLIES AT CENTERPLACE SUPPLIES FOR PRECINCT Total: SPOKANE COUNTY SEWER 2010 Total: Total: 59.28 59.28 148.78 23.49 172.27 20.83 20.83 483.22 483.22 91.71 91.71 96.53 96.53 47.28 47.28 530.46 530.46 1,587.22 226.03 1,813.25 1,597.70 1,597.70 75.00 75.00 HAUNTED POOL&CENTERPLACE 399.00 Page: 1 vchlist 11112/2010 12:59:12 P M Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 21496 11/12/2010 000093 000093 SPOKESMAN-REVIEW (Continued) Total : 399.00 21497 11/12/2010 001911 THE GLOVER MANSION CP146 EVENT SERVICES AT CENTERPLAI 187.56 Total : 187.56 21498 11/12/2010 000167 VERA WATER&POWER October 2010 UTILITIES: OCTOBER 2010 1,915.08 Total : 1,915.08 21499 11/12/2010 000038 WASTE MANAGEMENT OF SPOKANE 052217-1518-7 WASTE MGMT:PW OCT 2010 3,582.99 Total : 3,582.99 21500 11/12/2010 001580 WSU CASHIERS-SPS 5049530 SITE SELECTOR CONTRACT#908. 9,973.33 Total : 9,973.33 16 Vouchers for bank code: apbank Bank total : 21,045.49 16 Vouchers in this report Total vouchers: 21,045.49 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 2 vch l ist 11/12/2010 2:10:52PM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher 21501 21502 21503 21504 21505 21506 21507 21508 21509 21510 21511 21512 Date Vendor Invoice PO# Description/Account 11/12/2010 000958 AAA SWEEPING, LLC 11/12/2010 002537 ALL RAYS&SHINE TANNING SALON 11/12/2010 002206 BARLOW, LORI 11/12/2010 001816 BENTHIN&ASSOCIATES 11/12/2010 002419 CLARKS TIRES&AUTOMOTIVE 11/12/2010 000957 COBALT TRUCK EQUIPMENT 11/12/2010 000571 CODE PUBLISHING CO 11/12/2010 000508 CONOCOPHILLIPS FLEET 11/12/2010 001157 COUNTRY HOMES POWER EQUIP 11/12/2010 000165 DEPT OF RETIREMENT SYSTEMS 11/12/2010 002536 GADGETS 11/12/2010 001009 GOTHMANN,WILLIAM 45129 REFUND EXPENSE 1702 42547 2010 STREET SWEEPING CONTRA Total: REIMBURSEMENT OF CITY ENDOR Total: ASIA SEMINAR REIMBURSEMENT: Total: 10-34F CONKLIN-EASTLAND CT.MI Total : 16220 OIL CHANGE: 05 CHEW SILVERAD 16245 OIL CHANGE: 04 FORD TAURUS-0 Total : SR07998 36736 870166725010 81282 81641 831744 REFUND EXPENSE HYDRAULIC WORK DONE ON 2 PL( Total : WEB HOSTING Total: OCTOBER 2010:FLEET FUEL BILL Total: 42526 2010 SMALL TOOLS&EQUIP 42526 2010 SMALL TOOLS&EQUIP Total: NETWORK SETUP Total: REIMBURSEMENT OF CITY ENDOR Total: MILEAGE FOR SEPT&OCT 2010: B Amount 57,537.52 57,537-52 13.00 13.00 42.00 42.00 818.50 818.50 70.39 67.55 137.94 4,125.63 4,125.63 383.25 383.25 2,209.06 2,209.06 72.31 139.96 212.27 1,475.97 1,475.97 13.00 13.00 282.00 Page: 1 vchlist 111/2/2010 2:10:52PM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher 21512 21513 21514 21515 21516 21517 21518 21519 21520 21521 21522 21523 21524 Date Vendor 11/12/2010 001009 001009 GOTHMANN,WILLIAM 11/12/2010 002181 HEWLETT-PACKARD 11/12/2010 002520 HUSKY INTERNATIONAL TRUCKS 11/12/2010 002466 KENWORTH SALES 11/12/2010 000993 LES SCHWAB TIRE CENTER 11/12/2010 002259 MENKE JACKSON BEYER EHILS 511 11/12/2010 002203 NAPA AUTO PARTS Invoice (Continued) 48502337 40742 OCTOBER 2010 586282 OCTOBER 2010 11/12/2010 001035 NETWORK DESIGN&MANAGEMENT 18928 18959 18544-1 00398432 11/12/2010 000027 OFFICE OF THE CODE REVISER 11/12/2010 002243 ORBITCOM 11/12/2010 000881 OXARC 11/12/2010 000119 11/12/2010 002510 PLESE PRINTING POHL SPRING WORKS INC SSM6396 SSM6743 1330047471 PO# Description/Account Total: 42652 HP SERVER WARRANTY-SV-SQL' Total: 42531 WINTER MAINT SUPPLIES:TRUCK Total : SUPPLIES FOR WINTER MAINT FA( Total: TIRE:PLOW TRUCK LIC#47304D Total : PROFESSIONAL SERVICES 2010 SMALL TOOLS&EQUIP Total: Total : OCTOBER 2010:SYSTEM MAINTEN QUARTERLY SENTINAL BILLING Total: 2010 RCW: LEGAL Total : EITHERNET: NOVEMBER 2010 Total: SUPPLIES: PW SUPPLIES: PW Total : NAME PLATE:STEVE WORLEY Total: Amount 282.00 561.97 561.97 53.28 53.28 1,050.76 1,050.76 108.70 108.70 561.17 561.17 644.22 644.22 4,922.50 1,047.00 5,969.50 20.01 20.01 590.00 590.00 176.86 158.38 335.24 23.40 23.40 OCTOBER 2010 SUPPLIES FOR WINTER MAINT FA( 925.58 Page: 2 vchlist 11/1212010 2:10:52PM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher 21524 21525 21526 21527 21528 21529 21530 21531 21532 21533 21534 Date Vendor Invoice 11/12/2010 002510 002510 POHL SPRING WORKS INC (Continued) 11/12/2010 000019 PURRFECT LOGOS, INC. 26677 11/12/2010 000322 QWEST OCTOBER 2010 11/12/2010 002516 SACKETT CONTRACTING&EXCAVATING Pay App 2 11/12/2010 000779 SOUTHARD, BRAD 11/12/2010 000090 SPOKANE CO INFO SYSTEMS 11/12/2010 000001 SPOKANE CO TREASURER 11/12/2010 000335 TIRE-RAMA 11/12/2010 002188 VALLEY BEST-WAY BLDG SUPPLY 11/12/2010 000089 XO COMMUNICATIONS 11/12/2010 001885 ZAYO BANDWIDTH LLC OCT 2010 50306169 11001889 51500411 8080008042 8080008046 8080008071 8080008090 8080008092 8080008123 OCTOBER 2010 0239430048 November 2010 PO# Description/Account CITY LOGO FOR BACKHOE Total : Total : 509-924-4707 740B- TERRACE VIE Total: 42647 DISHMAN MICA STORMWATER PRi Total: 42536 2010 DEAD ANIMAL REMOVAL Total : COUNTY IT SUPPORT Total: CONSTRUCTION INSPECTION:PW OCTOBER 2010 GEIGER HOUSING Total: OIL CHANGE: OIL CHANGE: OIL CHANGE: OIL CHANGE: OIL CHANGE: OIL CHANGE: 05 DODGE DAKOTA- 03 FORD TAURUS-3 03 FORD EXPLORER 07 CHEVY COLORAC 04 DODGE DAKOTA- 08 F-150 LIC 40209D Total: SMALL TOOLS&EQUIP: PW INTERNET/DATA LINE DARK FIBER LEASE Total : Total : Total: Amount 925.58 60.33 60.33 109.28 109.28 83,818.69 83,818.69 1,625.00 1,625.00 16,738.99 16,738.99 923.46 34,315.00 35,238.46 28.56 24.74 24.74 28.55 31.91 28.61 167.11 228.65 228.65 272.56 272.56 228.27 228.27 Page: 3 vchlist 1111212010 2:10:52PM Voucher List Page: 4 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 34 Vouchers for bank code: apbank 34 Vouchers in this report I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Bank total: 216,581.31 Total vouchers: 216,581.31 Page: 4 vchlist Voucher List Page: 1 11/17/2010 12:12:21PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 3366 11/19/2010 000048 VANTAGE TRANSFER AGENTS,401A PLAN Ben35784 401A:Payment 23,218.20 Total: 23,218.20 3367 11/19/2010 000682 EFTPS Ben35786 FEDERAL TAXES:Payment 27,362.34 Total: 27,362.34 3368 11/19/2010 000145 VANTAGEPOINT TRANSFER AGENTS,457 PL Ben35788 457 DEFERRED COMPENSATION:Payr. 4,077.57 Total: 4,077.57 3369 11/19/2010 000162 VANTAGE TRANSFER AGENTS,401A EXEC P Ben35790 401 EXEC PLAN:Payment 1,026.67 Total: 1,026.67 4 Vouchers for bank code: apbank Bank total: 55,684.78 4 Vouchers in this report Total vouchers: 55,684.78 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 1 vchlist 11/19/2010 11:38:07AM Voucher List Spokane Valley Page: 1 Bank code: Voucher 21535 21536 21537 21538 21539 21540 21541 21542 21543 21544 21545 21546 apbank Date Vendor 11/19/2010 000958 AAA SWEEPING, LLC 11/19/2010 001873 ACME CONCRETE PAVING INC Invoice 45131-A Pay App#4 11/19/2010 002543 AIR ELECTRIC EQUIPMENT&TOOLS 163871 11/19/2010 001081 ALSCO 11/19/2010 000694 AVISTA UTILITIES 11/19/2010 002545 BARRACUDA NETWORKS, INC 11/19/2010 001816 BENTHIN&ASSOCIATES 11/19/2010 000796 BUDINGER&ASSOC INC 11/19/2010 002544 CAR QUEST AUTO PARTS STORES 11/19/2010 000863 CENTURY WEST ENG CORP 11/19/2010 002542 CONSTRUCTION PARTS, LLC 11/19/2010 000683 DAVID EVANS&ASSOCIATES PO# Description/Account Amount LSP0880464 22312 377254 1701 P10312-1 1505830 42563 2010 AAA VACTORING CONTRACT Total : 42577 BROADWAY SULLIVAN CONSTRUC Total : PARTS FOR PLOWS Total: FLOOR MATS FOR THE CITY HALL Total: HOME ENERGY AUDITS Total: DISK DRIVE Total: 42627 0088 ON CALL PROFESSIONAL SEI Total: 42659 0113 GEOTECHNICAL INVESTIGAT Total : SNOW PLOW PARTS Total : 232052 42543 PROFESSIONAL SERVICES CINTRr 232053 42555 10-011 DESIGN ROW CIP 0063 Total : 8013 SUPPLES FOR SNOW PLOWS Total : 297629 42571 AGREEMENT FOR PROFESSIONAL 297633 SURVEYING SERVICES 7,603.49 7,603.49 15,574.66 15,574.66 113.27 113.27 27.21 27.21 138.00 138.00 326.10 326.10 1,157.00 1,157.00 510.03 510.03 40.76 40.76 9,211.89 7,357.01 16,568.90 8,603.18 8,603.18 1,712.50 2,170.00 Page: 1 vchlist 11/19/2010 11:38:07AM Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 21546 11/19/2010 000683 000683 DAVID EVANS&ASSOCIATES (Continued) Total: 3,882.50 21547 11/19/2010 001194 DEPT OF ECOLOGY 7727 2011 WASTEWATER OPERATOR C 30.00 Total: 30.00 21548 11/19/2010 001311 DICKERSON PUMP&IRRIGATION 9918 SHAFT SEAL: PW 632.32 Total : 632.32 21549 11/19/2010 002541 ELEMENTS LAWN&LANDSCAPE, INC 1547 IRRIGATION REPAIRS 655.00 Total : 655.00 21550 11/19/2010 002075 ENVIROTECH SERVICES CD2011001665 ICE SLICER 4,467.46 CD201101663 ICE SLICER 4,495.26 CD201 1 01 664 ICE SLICER 4,732.95 Total : 13,695.67 21551 11/19/2010 002507 FASTENERS, INC S2913352.001 SUPPLIES: PW 110.88 52917189.001 SUPPLIES: PW 21.24 52922306.001 SUPPLIES: PW 42.60 Total : 174.72 21552 11/19/2010 001447 FREE PRESS PUBLISHING INC 35205 LEGAL PUBLICATION 70.55 35206 LEGAL PUBLICATION 78.20 Total: 148.75 21553 11/19/2010 001253 GORDON THOMAS HONEYWELL Oct 10 1042 LOBBYIST SERVICES 3,017.69 Total : 3,017.69 21554 11/19/2010 000007 GRAINGER 861093094 42528 2010 SMALL TOOLS&EQUIP 22.46 9386987995 42528 2010 SMALL TOOLS&EQUIP 90.10 Total : 112.56 21555 11/19/2010 000917 GRAYBAR 950749131 COMPUTER PARTS 47.64 Total : 47.64 21556 11/19/2010 002539 HEALTHFORCE PARTNERS L.L.C. 2293 EMPLOYEE SCREENING:MICHEAL 50.00 Total: 50.00 Page: 2 vchlist 11/1912010 11:38:07AM Voucher List Spokane Valley Page: 3 Bank code: Voucher 21557 21558 21559 21560 21561 21562 21563 21564 21565 21566 21567 apbank Date Vendor 11/19/2010 002538 HYDRAULICS PLUS, INC 11/19/2010 000864 JUB ENGINEERS, INC. 11/19/2010 000258 MICROFLEX INC. 11/19/2010 000696 MITEL NETWORKS, INC 11/19/2010 002388 MJM GRAND INC 11/19/2010 000652 OFFICE DEPOT INC. 11/19/2010 000307 OFFICE OF THE STATE TREASURER 11/19/2010 000881 OXARC 11/19/2010 002424 PITNEY BOWES GLOBAL 11/19/2010 000119 PLESE PRINTING 11/19/2010 001089 POE ASPHALT PAVING, INC. Invoice 12877 0067196 0067198 00019472 92728508 Pay App 3 PO# Description/Account Amount 1276192483 540029172001 540029316001 540430599001 SUPPLIES:WINTER MAINT Total: 42624 TIP DATA MAINTENANCE AND UPC 42623 PAVEMENT MANAGEMENT PLAN Total : TAXTOOLS SOFTWARE RENTAL Al Total : 42657 PHONE FOR NEW MAINTENANCE I Total: 42631 0088 BROADWAY MOORE TO FLOF Total: OFFICE SUPPLIES:FINANCE OFFICE SUPPLIES:ADMIN OFFICE SUPPLIES:ADMIN OFFICE SUPPLIES:PW OCTOBER 2010 STATE REMITTANCE October 2010 SUPPLIES: PW OCTOBER 2010 SUPPLIES: PW 1428301-NV10 POSTAGE METER RENTAL 1330047540 NAME PLATE: PW 1330047541 TITLE PLATE:PW Total : Total: Total: Total : Total : October 2010 42551 2010 STREET&STORMWATER MA Sept 2010-Correction 42551 2010 STREET&STORMWATER MA 13.72 13.72 7,191.97 10,990.92 18,182.89 343.83 343.83 163.54 163.54 395,286.89 395,286.89 8.67 72.28 15.26 44.82 141.03 78,885.49 78,885.49 790.78 394.94 1,185.72 275.00 275.00 16.88 17.25 34.13 28,823.32 594,647.39 Page: 3 vchlist 1111912010 11:38:07AM Voucher List Spokane Valley Page: 4 Bank code: Voucher 21567 21568 21569 21570 21571 21572 21573 21574 21575 21576 21577 21578 apbank Date Vendor Invoice PO# Description/Account Amount 11/19/2010 001089 POE ASPHALT PAVING, INC. 11/19/2010 002535 Q'S AUTO GALSS REPAIR 11/19/2010 001892 SKILLINGS CONNOLLY INC 11/19/2010 001957 SKYLINE CONTRACTORS INC 11/19/2010 001140 SPECIAL ASPHALT PRODUCTS 11/19/2010 000230 SPOKANE CO AUDITORS OFFICE 11/19/2010 000172 SPOKANE CO ENGINEER 11/19/2010 000308 SPOKANE CO PROSECUTING ATTY 11/19/2010 000459 SPOKANE CO TITLE CO 11/19/2010 000001 SPOKANE CO TREASURER 11/19/2010 002540 SPOKANE HOUSE OF HOSE INC. 11/19/2010 000898 SPOKANE PROCARE (Continued) Sept 20110-Reversal Nov 2010 6939 Pay App 4 INVC052882 OCTOBER 2010 VLY1010 OCTOBER 2010 SM2830 51500349 51500436 OCTOBER 2010 42551 2010 STREET&STORMWATER MA Total : SNOW PLOW WINDOW REPLACED Total: 42572 ON CALL ACQUISITION&APPRAIS. Total : PAY APPLICATION#4 PALLETS: PW RECORDING FEES COUNTY SERVICES Total : Total: Total : Total : CRIME VICTIMS COMP FUND Total: EASEMENT COPIES: PW Total : WORK CREW:CD OCTOBER 2010:WORK CREW Total: WINTER MAINT SUPPLIES Total: 2009-10 42538 2010 LANDSCAPING CONTRACT#1 Total : -594,647.39 28,823.32 652.20 652.20 1,961.20 1,961.20 37,332.00 37,332.00 1 0,956.96 10,956.96 975.00 975.00 59,613.24 59,613.24 1,079.54 1,079.54 81.53 81.53 222.50 5,223.80 5,446.30 659.64 659.64 6,723.87 6,723.87 Page: 4 vchlist 11/19/2010 11:38:07AM Voucher List Page: 5 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 21579 11/19/2010 000065 STAPLES ADVANTAGE 8016910900 OFFICE SUPPLIES: OCTOBER 201C 1,046.92 Total: 1,046.92 21580 11/19/2010 000257 STATE AUDITOR'S OFFICE L85909 AUDITORS 1,031.80 Total: 1,031.80 21581 11/19/2010 001875 STRATA S100306-IN 42629 0088 MATERIAL TESTING SERVCEI 11,895.25 Total : 11,895.25 21582 11/19/2010 001464 TW TELECOM Sept-Nov 2010 1NTERNET/DATA L1LNES/PHIONE L 3,855.40 Total : 3,855.40 21583 11/19/2010 000167 VERA WATER&POWER 0000089 SWALE INSTALLED 563.00 Total: 563.00 21584 11/19/2010 002363 WESTERN STATES EQUIPMENT CO PC060628235 WINTER MAINT SUPPLIES 99.06 Total: 99.06 21585 11/19/2010 000766 YMCA OF THE INLAND NW October 2010 OCT 2010 OPERATION AND MAINTI 8,750.46 Total: 8,750.46 51 Vouchers for bank code: apbank Bank total : 749,168.38 51 Vouchers in this report Total vouchers: 749,168.38 Page: 5 vchlist 11123/20/0 3:13:57PM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account 21586 11/23/2010 000030 AVISTA 21587 11/23/2010 001606 BANNER BANK 21588 21589 11/23/2010 000841 BC! CREATIVE INC 010119017 November 2010 0618 0638 4458 4474 4720 6527 8861 UTILITIES: PARKS MASTER AVISTP UTILITIES:PW MASTER AVISTA Total : NOV 2010:0618 NOV 2010:0638 NOV 2010:4458 NOV 2010:4474 NOV 2010:4720 NOV 2010:6527 NOV 2010:8861 Total: 10001 CENTERPLACE WEB DESIGN Total: 11/23/2010 000918 BLUE RIBBON LINEN SUPPLY INC 9169864 S0048251 21590 11/23/2010 001169 CITY OF SPOKANE VALLEY 21591 11/23/2010 000109 COFFEE SYSTEMS INC 21592 11/23/2010 000912 DEX MEDIA WEST 21593 11/23/2010 002308 FINKE,MELISSA 21594 11/23/2010 000011 GREATER SPOKANE VALLEY Nov 2010 Nov 2010 November 12,2010 November 5,2010 October 2010 3820:066591 November 2010 October 2010 205197 LINEN SUPPLY:CENTERPLACE LINEN SUPPLY:CENTERPLACE Total : PETTY CASH:6948,49 PETTY CASH:8732,8733 PETTY CASH:8727,28,30 Pl=I I Y CASH:8717,18,19,21,22,23 PETTY CASH:8713,8714 COFFEE SUPPLIES: CP Total : Total : ADVERTISING: SENIOR CENTER Total: DANCE LESSONS Total : ANNUAL MEMBERSHIP DUES: C1T1 Amount 7,951.78 21,509.35 29,461.13 85.00 100.00 391.68 338.04 2,199.63 1,605.38 790.02 5,509.75 75.00 75.00 310.96 34.14 345.10 25.00 2.75 7.10 6,00 2.50 43.35 33.90 33.90 38.10 38.10 722.10 722.10 320.00 Page: 1 vchlist 1112312010 3:13:57PM Voucher List Spokane Valley Page: 2 Bank code: Voucher 21594 21595 21596 21597 21598 21599 21600 21601 21602 21603 21604 21605 21606 apbank Date Vendor Invoice PO# Description/Account 11/23/2010 000011 000011 GREATER SPOKANE VALLEY (Continued) 11/23/2010 000751 INTERIOR DEVELOPMENT EAST INC. 24856 24857 11/23/2010 000132 MODERN ELECTRIC WATER CO October 2010 11/23/2010 000193 NORTHWEST CHRISTIAN SCHOOL INC December 2010 11/23/2010 001860 PLATT 11/23/2010 000415 ROSAUERS 11/23/2010 000935 SERVICE PAPER CO 11/23/2010 000470 SPOKANE CO 11/23/2010 000499 SPOKANE CO LIBRARY DIST 11/23/2010 000406 SPOKANE REGIONAL CVB 11/23/2010 000093 SPOKESMAN-REVIEW 8608519 669523 110392856 13000002 Final 2010 October 2010 2916468 11/23/2010 001083 STANDARD PLBG HEATING CONTROLS 28584 28601 11/23/2010 000676 WEST CHAIRS: CENTERPLACE TABLES: CENTERPLACE UTILITIES; PW CITY HALL RENT SUPPLIES:CP Total: Total : Total : Total : Total: SUPPLIES FOR BRIDAL SHOW Total: SUPPLIES: CP Total : TRI AGENCY DODGEBALL TOURNF Total : PAST DUE PROPERTY TAX PMT:2( Total : LODGING TAX REIMBURSEMENT: Total: YEARLY SUBSCRIPTION: CENTERF Total: CENTERPLACE:WORK ORDER 19( OCT 2010 MONTHLY MAINT PRECII Total : 821639963 LEGAL SUBSCRIPTION Amount 320.00 8,913.40 3,766.46 12,679.86 8,769.70 8,769.70 37,300.83 37,300.83 32.61 32.61 7.27 7.27 111.88 111.88 150.63 150.63 831.26 831.26 1 2,000.00 12,000.00 177.00 177.00 490,02 521.83 1,011.85 615.57 Page: 2 vch l ist 11123/2010 3:13:57PM Voucher List Page: 3 Spokane Valley Bank code: apbank Voucher Date Vendor invoice PO# Description/Account Amount 21606 11/23/2010 000676 WEST (Continued) 821745968 SUBSCRIPTION PRODUCT CHARG 231.54 Total : 847.11 21 Vouchers for bank code: apbank Bank total : 110,468.43 21 Vouchers in this report Total vouchers: 110,468.43 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 3 vchlist 11/24/2010 9:34:55AM Voucher List Spokane Valley Page: 1 Bank code Voucher 21607 21608 21609 21610 apbank Date Vendor Invoice PO# Description/Account Amount 11/24/2010 001606 BANNER BANK 11/24/2010 002546 GAME STOP 11/24/2010 001888 COMCAST 11/24/2010 001447 FREE PRESS PUBLISHING INC 21611 11/24/2010 000002 H&H BUSINESS SYSTEMS INC. 21612 11/24/2010 000265 JACKSON,MIKE 21613 11/24/2010 002522 KOEGEN EDWARDS LLP 21614 11/24/2010 000001 SPOKANE CO TREASURER 21615 11/24/2010 000311 SPRINT 21616 11/24/2010 002254 TOWEY,TOM CRY WOLF CRYWOLF DECEMBER 2010 35227 35228 35242 35243 35244 35245 35246 October 2010 DCEMBER 2010 1296 1301 1302 50306154 326088106-036 959698810-036 CRY WOLF REFUND CRYWOLF REFUND Total Total: HIGH SPEED INTERNET:MAINT FA Total: LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION COPIER COST Total: Total : MONTHLY AUTO ALLOWANCE Total : PROFESSIONAL SVCS PROFESSIONAL SVCS PROFESSIONAL SVCS Total : PHONE LINE FOR CRIME CHECK Total : WARS FOR LAPTOPS SPRINT CELL PHONES Total : 165.00 165.00 25.00 25.00 64.90 64.90 170.50 142.60 74.80 90.95 56.10 31.45 90.10 656.50 1,878.38 1,878.38 300.00 300.00 1,400.00 2,250.00 3,893.45 7,543.45 493.17 493.17 439.89 944.03 1,383.92 EXPENSES MILEAGE REIMBURSEMENT:TOM 96.50 Page: 1 vchlist 11/24/2010 9:34:55AM Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 21616 11/24/2010 002254 002254 TOWEY,TOM (Continued) Total: 96.50 10 Vouchers for bank code: apbank Bank total : 12,606.82 10 Vouchers in this report Total vouchers: 12,606.82 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim.. Finance Director Date Mayor Date Council Member Date Page: 2 vchlist 11/30/2010 2:25:19PM Voucher List Spokane Valley Page: 1 Bank code: Voucher 5190 5191 5192 5193 5194 5195 5196 5197 pk-ref Date Vendor 11/30/2010 002547 DEONIER, RAY 11/30/2010 002548 DICKSON,WILLIAM Invoice REFUND REFUND 11/30/2010 002551 INFORMATION SYSTEMS SECURITY,AS REFUND 11/30/2010 002549 KENNEDY,JADEN 11/30/2010 002550 LIFE SERVICES 11/30/2010 002265 NIHOUL,THOMAS 11/30/2010 000328 SPOKANE VALLEY SENIOR ASSOC. 11/30/2010 000328 SPOKANE VALLEY SENIOR ASSOC. 8 Vouchers for bank code: pk-ref 8 Vouchers in this report REFUND REFUND REFUND REFUND REFUND PO# Description/Account Amount CLASS CANCELLATION CPR CLASS CANCELLATION Total: Total : DEPOSIT REFUND: ROOMS 108, 11 Total : CLASS CANCELLATION Total: DEPOSIT REFUND:EXECUTIVE CC Total: REFUND: ROOM 205 Total : GREAT ROOM CANCELLATION Total : REFUND: LOUNGE W/DANCE FLOC Total: Bank total : 5200 52.00 47.00 47.00 50.00 50.00 52.00 52.00 52.00 52.00 2.00 2.00 80.00 80.00 74.00 74.00 409.00 Total vouchers: 409.00 Page: 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Period Ending November 15, 2010 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Gross: $220,230.26 Benefits: $ 28,779.45 TOTAL PAYROLL: $249,009.71 STAFF CONTACT: Ken Thompson ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Period Ending November 30, 2010 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Gross: $ 236,611.58 Benefits: $ 119,357.77 Total payroll $ 355,969.35 STAFF CONTACT: Ken Thompson ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Snow Plowing/Deicing Level of Service Plan GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Attached is an updated Level of Service Plan. OPTIONS: RECOMMENDED ACTION OR MOTION: Move to approve the attached Snow Plowing/Deicing Level of Service plan Dated 12/14/2010. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTACHMENTS: Snow Plowing/Deicing Level of Service Plan Snow Plowing/Deicing Level of Service - 12/14/2010 Priorities • Priority 1— Primary Arterials • Priority 2—Secondary Arterials • Priority 3— Hillside Residentials • Priority 4—Valley Floor Residentials Snow Plowing- Priorities 1, 2&3 • Limited operations for snow events ranging from 1 to 3 inches • Plowing performed as conditions warrant, focuses on problem areas and hillsides • Coordination occurs with Police Department on accident & problem areas • Full plowing activities for snow events exceeding a depth of 4 inches Snow Plowing— Priority 4 • Residential streets on the Valley floor will be considered for plowing when functional traffic flow is substantially inhibited. Deicing- Priorities 1, 2&3 • Liquid deicing activities begin prior to snow, ice or frost predictions • Liquid deicing is conducted on bridges, arterial intersections and hillsides • When snow begins to accumulate on the roadway solid granular deicer is use on bridges, arterial intersections and hillsides • Granular deicer may be used on arterial streets as conditions warrant Deicing—Priority 4 • Deicing and sanding will not be conducted on residential streets on the Valley floor except at controlled intersections & selected problem areas DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, November 9, 2010 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff: Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Cary Driskell,Acting City Attorney Rose Dempsey, Councilmember Ken Thompson, Finance Director Bill Gothmann, Councilmember Kathy McClung, Community Development Dir. Dean Grafos, Councilmember Mike Stone, Parks &Recreation Director Brenda Grassel, Councilmember Rick Van Leuven, Police Chief Bob McCaslin, Councilmember Scott Kuhta, Senior Planner Micki Harnois,Associate Planner Carolbelle Branch,Public Information Officer Chris Bainbridge, City Clerk INVOCATION: Pastor John Vanderwalker of Community of Christ Church gave the invocation. PLEDGE OF ALLEGIANCE: Members from Boy Scout Troop 494 presented the American Flag and led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Gothmann: reported that he attended a SNAP meeting; heard a two-year Spokane Valley Hospital report, which mentioned they have added 75 staff, and that their "self-core measurement" increased positively from last year's 77% to this year's percentage in the 90's; that he went to the Spokane Regional Health District meeting where they discussed their budget, and he reported that there will be no cuts in service or staff; attended a Governmental Affairs meeting which included discussion on the jail and said the plans are to have corrections, booking and the jail downtown and things such mental health out on the plains, and reported that the operating costs will be the same as they are now, and that the jail issue will appear on the April 2011 ballot. Councilmember Dempsey: reported that she also attended the Health Board meeting and the meeting at the Valley Hospital; as well as the Convention and Visitor's Bureau annual meeting where their new CEO mentioned that there are in excess of 11,000 people in the region who don't live here, people who are tourists and/or visiting others; she attended a wastewater advisory community meeting yesterday where several people reached the conclusion that no one will be happy with whatever decision is made regarding future fee increases, whether they come from stormwater or sewer; she attended the Regional Clean Air Agency Board meeting and said that a farmer was cited for his rock crusher contributing too much air pollution; and also attended the Hite Crane open house celebrating his new facility. Council Regular Meeting 11-09-2010 Page 1 of 5 Approved by Council: DRAFT Councilmember Grafos: said he attended the celebration at Hite Crane; and spoke with Representative Larry Crouse about the railroad quiet zone, and said Mr. Crouse and Mr. Tony Lazanis were instrumental in getting the quiet zones that were established here a few years ago. Deputy Mayor Schimmels: said he took a tour at the Colbert Landfill; attended a Solid Waste meeting a few weeks ago as well as a Liaison Board Meeting where the City of Spokane made a presentation regarding the interlocal agreement and an alternative view of some things that the County had put out; that he attended a committee meeting with the STA (Spokane Transit Authority), and went to Mr. Hite's open house. Councilmember Grassel: said she attended the meeting concerning the TMDL (total maximum daily load) and heard discussion between the point and nonpoint businesses and residences, and said nothing has been finalized yet; and reported that she went to the SCRAPS regional meeting; and the Convention and Visitor's Bureau annual meeting at the Lincoln Center,as well as the Hite Crane open house. Councilmember McCaslin: said that he is a World War II vet; and reminded everyone that Thursday is Veteran's day, a day to remember those veterans who served and those who are in service now. MAYOR'S REPORT: reported that he went to the SCRAPS presentation at the Fairgrounds where they are working to resolve problems on animal control; that he met with elected officials from Liberty Lake and other entities to discuss mutual concerns; attended the Greater Spokane, Inc. Regional Transportation presentation where they discussed future forecasts of regional transportation; attended the Hite Crane open house; and mentioned that in honor of Veterans Day,the North Pines Presbyterian Church will host a free luncheon this Thursday at noon for all vets and active duty personnel; and that there will be a free dinner for veterans at 4:00 p.m.November 15 at the Timber Creek Buffet at Argonne and Montgomery. PUBLIC COMMENTS: Mayor Towey invited general public comments. Aabida Dar, E 13413 E 10t'—': brought a petition regarding a big truck parking in her neighborhood; and said she wants to know what can council do about that; she said the owner left the truck on again; and that she has been dealing with this issue for the past 12 years; and she handed a petition regarding this matter to the City Clerk. Marylyn Cline, 13303 E 10t'—': said she signed the petition, said she has lived there 36 years;that this man moved in twelve years ago; she said she sleeps with the windows open but diesel fumes come in; she said the man is rude; has a dog that barks; said he did put an exhaust on the truck and said he wasn't aware of how bad the smell was; she said he isn't running it as long and is warming it up in the Tidyman's parking lot; she said there's room for four more tractor trailers and something needs to be done; that he was a renter but now owns the house and she added that he does a beautiful job with his home; but she wants some consideration about tractor trailers and wants some consideration for the neighborhoods and she'd like someone to get back to them. Ray Ward, 13404 E 9t'—'_ regarding the same topic; said he lives on the east side and they get the diesel fumes every time he starts it up; he said every weekend is the same and said an ordinance is needed to keep trucks out of residential areas. Ronald Knight 9205 E Cataldo: said he is a member of the Inland NW Car Club Counsel that deals in special interest cars, and at the last meeting they approved donating $100 to three different animal protection organizations, and $250 to Second Harvest for turkeys, and $250 to the combat motorcycle club that supports the vets homes. Margaret Mortz, 3420 S Ridgeview Drive: she complimented and thanked council for being willing to continue broadcasting and for being willing to put it on the internet as well as on cable; and she thanked Councilmember Gothmann for showing leadership and again thanked all councilmembers; said she is Council Regular Meeting 11-09-2010 Page 2 of 5 Approved by Council: DRAFT hard of hearing and brought up the topic of closed captions and said the best quality captions are generally unaffordable, but she'd like to have "good enough captions" and suggested YouTube; she said the video would have to be broken down into fifteen minute chunks and then uploaded to YouTube, but it would be an affordable way to accomplish closed captioning. Scott Lanzs, 20 N Raymond, operates Hotteez Nightclub; said he had a complete sprinkler system put in and the system works fine, but that the Fire Department showed up the other day and told him he has twenty-four hours to put a flow meter into the sprinkler system at a cost of about $5,000 to $6,000; said he was made aware of this issue about six months ago and he's looking for direction. City Manager Jackson said staff will contact the Fire Department and look into this. Gary Hite, E. Appleway: owner of Hite Crane and Rigging: said he appreciates council's past support and in particular for several councilmembers coming to his open house; said he doesn't feel a business owner who is trying to build a new and better place should have to go to the level he did to in bringing the issue before council; and said it seems there could be some things accomplished to make that an easier remedy for people to do productive business; said control and standards are needed; and he again thanked council for their support. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 10-22-2010 21302-21320 $53,396.48 10-25-2010 21321-21361; 1021100008 $1,297,185.05 10-29-2010 5181-5189 $1,096.00 11-02-2010 21362-21392; 1026100081 $1,439,469.08 GRAND TOTAL $2,791,146.61 b. Approval of Payroll for Period Ending October 31,2010: $333,587.37 c. Approval of City Council Formal Format Meeting Minutes of October 26, 2010 d. Approval of City Council Study Session Format Meeting Minutes of November 2, 2010 It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2. First Reading Proposed Ordinance Amending Special Event Permits (SVMC 5.15.080)— Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance the ordinance to a second reading. After Acting City Attorney Driskell briefly went over the changes to this code section, including that the flagger training consists of approximately eight hours and $50 to $60 depending on the provider, Mayor Towey invited public comments. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. First Reading Proposed Ordinance Amending Mixed Use, Code Text Amendment CTA 08-10 — Micki Harnois After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance the ordinance amending the Subarea Plan Chapter 2 concerning the Mixed Use Zone to a second reading. Associate Planner Harnois went over the proposed changes and planning commission recommendations. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. Council Regular Meeting 11-09-2010 Page 3 of 5 Approved by Council: DRAFT 4. Proposed Resolution 10-017 Extinguishing Easement— Cary Driskell It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 10-017 relating to the Extinguishment of Agreement and Grant of Easement— United States Department of Health and Human Services—parcel numbers 35234.9083 and 35234.9076, and authorize the City Manager or designee to execute any documents related thereto. Acting City Attorney Driskell showed the area in question on the overhead map, and said as mentioned before, that there are now two roads built in the area where there were previously none, so access is not an issue and staff has determined there is no future transportation need for this easement. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None.Abstentions:None. Motion carried. 5. Motion Consideration: Mayoral Appointment of Representative to Public Transportation Improvement Conference (PTIC)—Mayor Towey It was moved by Councilmember Grafos and seconded to confirm the Mayor's appointment of Deputy Mayor Schimmels to the Public Transportation Improvement Conference Review Committee. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited general public comments. Jeff Baxter 8615 E Walton: said regarding the same issue as the comments from Hotteez Nightclub owner, that restrictions in the public sector are killing businesses; that he has been dealing with a club in Spokane that can't open because of these same restrictions. ADMINISTRATIVE REPORTS: 6. Fee Resolution—Ken Thompson Finance Director Thompson went over the proposed changes as noted on his Request for Council Action form, and after brief discussion, Council concurred to have a draft amended fee resolution brought forward at an upcoming council meeting for council approval consideration. 7. Budget Amendment for 2010—Ken Thompson Finance Director Thompson said that when we think we are about to exceed our budget, we try to bring the items back to Council to get authorization to amend the budget to handle such changes; he said we make a debt service payment in December each year which is for some street bonds and for CenterPlace, and that good accounting practices dictate to accumulate all the costs for one year and keep them in that year; he said we make a payment December first that pays for all the interest and the principal up through December 1,which leaves another thirty days in that year we are accruing interest; so what we have to do is accrue that payment back into that particular year; and said that wasn't noted when the 2010 budget was put together; and said this will actually get paid in the following year, but in the books, it must come through as an expense in 2010. The other change, Mr. Thompson explained deals with increased costs to fire and liability insurance; that we try to estimate that cost, but when we put the budget together in October or November, we don't get the premium until January of the following year; and said our premium on both the liability and the property insurance is based on the number of worker hours and the number and size of the claims; and said we need to add $60,000 to cover those two increases, and said we actually reimburse the state for unemployment claims, which are running higher than in the past. Mr. Thompson said the real estate excise tax is shown as we use those taxes to pay for those street bonds which were sold years ago; and said it won't really cost us any more money, as we are just moving those costs into the current year and we won't make that payment until next year; but that it would eventually come from real estate excise taxes. 8. Advance Agenda—Mayor Towey Councilmember Grassel said that she wanted to make sure the staff is making preparations for when Mr. McCaslin is gone to the legislature, that we can have him be part of the meeting via telephone, and said she realized we have about a month left to do that. Mayor Towey said with council's discretion, we can look into that and see what is available, and that staff would have to work out the technical aspects and Council Regular Meeting 11-09-2010 Page 4 of 5 Approved by Council: DRAFT that council can review that for approval consideration. City Manager Jackson said that he and the City Clerk have been working on some suggestions for the Governance Manual, and will work to schedule a meeting with the Governance Committee, and said that might be a good opportunity to discuss this along with other items to bring back for council consideration. There were no objections from council. Councilmember Dempsey said she would like council to have a presentation about the wastewater advisory committee meeting and the decision on the council on which way to tax constituents. Mr. Jackson said that is tentatively set for December 7, adding that public works has been working on the quiet zone issue but is not yet prepared to set a date certain; and with the development in SCRAPS coming down to two options, Mr. Koudelka will come back with an update on the animal control proposal. Councilmember Gothmann asked about the information in tonight's packet concerning school speed zones and it was noted that is scheduled for a resolution for next week's council meeting. Councilmember Gothmann also distributed copies of a January 8, 2010 letter from the City of Connell to Olympia Senator Mark Schoesler, and explained that Mr. Gothmann spoke with the Mr. Albert Tripp, Airway Heights City Manager about Senate Bill 6225; and he mentioned Airway Heights and the City of Connell are concerned that their city's population is actually 5,000 but adding in the population of the correctional institutions moves their population to over 5,000 thereby making them ineligible to apply for Transportation Improvement Board program grants; and said perhaps this Council could send a letter to both cities giving Spokane Valley's support of their request to approve SB 6225, or take other action, and said he would like to express support to those cities. Councilmember Gothmann said he initiated this request in speaking with Mr. Tripp, and asked Mr. Tripp to send us a letter. Mayor Towey said Council could consider a letter of support as a future agenda item. City Manager Jackson said he recommends Mr. Driskell examine the impacts of the population issue, as typically a larger population makes an entity more eligible for federal grants or other state funding, and to have Council make a decision after that information has been gathered. Deputy Mayor Schimmels suggested the Association of Washington Cities (AWC) might have this issue on their docket as well; and Councilmember Gothmann said he suggested Mr. Tripp explore this with the AWC and said Mr. Tripp indicated he was doing that. Mayor Towey reminded everyone that there will be no meeting November 23, Thanksgiving week, and also no meeting November 30 as councilmembers attend a National League of Cities conference in Denver. INFORMATION ONLY: The following items were for information only and were not reported on or discussed: 9) Council Committees/Boards/Commissions; 10)Alki and Pines School Zones 11.EXECUTIVE SESSION: Pending Litigation [RCW 42.30.110(i)] It was moved by Deputy Mayor Schimmels and seconded to adjourn into Executive Session for approximately fifteen minutes to discuss pending litigation, and that no action is anticipated upon return. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, Councilmembers Grassel, Grafos, Gothmann and Dempsey. Opposed: (by not voting) Councilmember McCaslin. Abstentions: None. Motion carried. Council adjourned into executive session at 7:14 p.m. At 7:32 p.m. Mayor Towey declared council out of executive session. It was then moved by Councilmember Dempsey, seconded and unanimously agreed to adjourn. The meeting adjoined at 7:33 p.m. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Council Regular Meeting 11-09-2010 Page 5 of 5 Approved by Council: DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington November 16,2010 6:00 p.m. Attendance: Councilmembers Staff Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Cary Driskell,Acting City Attorney Rose Dempsey, Councilmember Kathy McClung, Community Development Dir. Bill Gothmann, Councilmember Mike Stone, Parks &Recreation Director Dean Grafos, Councilmember Rick Van Leuven, Police Chief Brenda Grassel, Councilmember Scott Kuhta, Planning Manager Bob McCaslin, Councilmember Neil Kersten, Public Works Director Micki Harnois,Associate Planner Inga Note, Senior Traffic Engineer Carolbelle Branch,Public Information Officer Carrie Koudelka,Deputy City Clerk ACTION ITEMS: 1. Second Reading Proposed Ordinance Amending Mixed Use Zoning (CTA 08-10)—Micki Harnois After Deputy Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve ordinance 10-023 amending the Subarea Plan concerning the Mixed Use Zone and also amending Chapter 19.20.060 of the Spokane Valley Municipal Code. Councilmember Dempsey noted the ordinance title should read "2.2.8" instead of"2.28." Associate Planner Harnois gave a brief history and explained the amendments by section. The first redefines the definition for new construction and raises the threshold to 80% for additions, expansion, or reconstruction of existing building. The second allows existing legally established single-family dwellings located in nonresidential zones as a permitted use. The third and fourth changes clarify front and side street setbacks where easements may make the requirements unfeasible. The final change clarifies potential streets and replaces the maximum block size with a maximum block length requirement. During the presentation, Ms. Harnois pointed out a couple typos within the ordinance to correct and on page 4, Section 7 the wrong table was referenced; it should read Table 2.3 rather than 2.2. These corrections are not substantive and the final ordinance will reflect the corrections. There were no questions or comments from Council. There were no comments from the public. Vote by Acclamation. In favor: Unanimous. Opposed: None. Abstentions: None. Motion passed. 2. Second Reading Proposed Ordinance Amending Spokane Valley Municipal Code 5.15.080 (Special Events Permits)—Cary Driskell After Deputy Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to adopt the proposed ordinance amending SVMC 5.15.080 relating to safety training for special events permits. Acting City Attorney Driskell explained one of the conditions of issuance of a Special Event Permit where participants would seek charitable solicitations in City-owned rights-of-way is having sufficient documentation demonstrating that all persons entering the roadway have completed the Spokane County Incident Traffic Control Program or its equivalent and that certification is current. Staff recommends amending SVMC 5.15.080(j) to list the Washington Department of Transportation Flagger Certification, which is open to the public, as satisfying the safety training requirement. Councilmember Grassel asked if the $50 cost is per individual or per group. Mr. Driskell said it is charged individually and certification is good for three years. Councilmember Grassel asked if the City will notify the groups we know of who typically apply for these permits to make them aware of the new Council Study Session Minutes,November 16,2010 Page 1 of 6 Approved by Council: DRAFT process so as not to delay their event. Mr. Driskell said we could do that for the groups we know of. Councilmember Dempsey asked if all the members involved in the event need certification or if it is sufficient to just have some members certified. Mr. Driskell said only those entering the roadway need the safety training and certification. Mayor Towey invited public comment; no comments offered. Councilmember Gothmann added that the participants of the Fill the Boot campaign are certified by virtue of their job training. Vote by Acclamation. In favor: Unanimous. Opposed: None. Abstentions: None.Motion passed. 3. Proposed Resolution Amending Speed Limits—Inga Note It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 10-018 establishing the school speed zones and modifying the arterial speed limit. Senior Traffic Engineer Note explained she received a request from a parent regarding a stretch of Alki in an area where parents stop to pick up their kids after school. She said kids walking to school cross Alki at random points and walk on the shoulder. She studied the area and thinks a 20 mph school zone is appropriate for that area Alki Avenue from 400 feet west of Pines Road to Pines Road. Council had no comments, questions, or objections to the proposal. The second proposed speed limit change is near South Pines Elementary. She said they use crossing guards at the intersection of 24th and Pines but further to the north there are kids walking on the east side of Pines where there is no sidewalk and only a very narrow shoulder. She said there is no safe place to walk on that stretch on the east side of Pines. She said both a parent and a school representative requested that the school zone extend to 19th and Pines; however, her concern is that would make a very long school zone and motorists may disregard it if it is too long. She said ideally they would like to get funds to construct a sidewalk,but until then she recommends extending the 20 mph school zone. Currently there is a school zone on Pines between 22nd and 24th Avenues. The proposed zone would be on Pines from 300 feet south of 19th Avenue to 300 feet north of 19th Avenue. Councilmember McCaslin asked for the legal definition of"When Children are Present." Ms. Note said she believes it to mean when children are present at the crosswalk or adjacent to the crosswalk during school hours. Mayor Towey asked if the proposed extension would be continuous from 18th or if there would be a gap between two school zones. Ms. Note said there would be a gap between the new proposed school zone and the existing school zone. Councilmember Grafos asked for the cost of flashing school beacons at crosswalks. Ms. Note said they cost approximately $8,500 with state grants covering about $7,500 of that cost. She said the County charges about $3,000 to $5,000 per school zone, so our cost is about $12,000 - $13,000 for a pair of flashing beacons. There were no further comments, questions, or objections from Council on this proposal. Ms. Note said the third speed limit change proposal is for Mansfield Avenue between Pines Road and the roundabout. She said this road was recently widened and now has bike lanes. She said she has received numerous requests to increase the speed limit from 25 mph and have had complaints the speed limit is too slow. She conducted an analysis and found 35 mph would likely be more appropriate and recommends increasing the speed limit to 35 mph. Councilmember Gothmann asked what role the Council plays in setting speed limits. Ms. Note said Council sets speed limits based on recommendations from traffic engineering. Councilmember Grassel said she has received requests to increase the speed limit on Mission Avenue east of Pines and asked if traffic engineering could look into that area as well. Ms. Note said she thinks she has the information as to why the County decreased the speed limit to 30 mph in that area and that she will check into it and get back to Council. She said she will check into the signing in that area as well. Mayor Towey invited public comment;no comments were offered. There were no further comments or questions from Council. Vote by Acclamation. In favor: Unanimous. Opposed: None. Abstentions: None.Motion passed. NON-ACTION ITEMS: 4. Street Maintenance Facility Site—Neil Kersten Public Works Director Kersten discussed the properties they have looked at for a future street maintenance facility and provided information as to how they compare with the current facility we lease Council Study Session Minutes,November 16,2010 Page 2 of 6 Approved by Council: DRAFT from Waste Management. He said most of the properties are very old or too small for our vehicles. He pointed out the property at 17711 E. Euclid as a site of interest that has no significant improvements. He said the parcel is approximately five acres, it fits our zoning needs, and the shop is the right size for us, with two large bays that have doors front and back providing drive-through capability, an additional large bay and a small office space. He said the downside to this property is the location -it is not central within city limits as it is located on Euclid between Flora and Barker Roads. He said it is not on the County sewer system, and it has old drywells so it needs work from that standpoint. Mr. Kersten said he did not look much at vacant land but if Council wants to pursue that option, he said it would add another level of cost to purchase vacant land and build a suitable building. He said we do not have a lot of money and that limits our options. He recommends in going forward,we get through this year, see what our fund balance is, then after the first of the year we see what was spent for 2010 and what funds we have available and our financing options,then come back to Council with a recommendation. He said he is looking for input from Council in moving forward. Mayor Towey asked how much time we have to find a facility. Mr. Kersten said we pay$4,591 per month for our lease that is good through September of 2012, or terminates with twelve-month written notice. He said he thinks we need to take some time to see how we do this year to get a better feel for where we are with our snow costs. He said he can come back in February or March with a recommendation. Councilmember McCaslin asked what the cost would be for sewer connection on the Euclid property. Mr. Kersten said there is no plan for sewer in that area right now,but if the County gets sewer in the road,the cost to get the building connected would be about$40,000. Councilmember Dempsey asked what the cost would be to get the Euclid site the way we want it compared to the property on 1st (that we currently lease). Mr. Kersten said the building on 1st is very old but it works right now. He said with insulation and upgrades we would not have to spend a lot of money and we could spend it slowly over time, as funds are available. He said the asking price is $578,000. Councilmember Dempsey asked if we would have to pave the Euclid property. Mr. Kersten responded we would not have to pave it right away. He said the biggest concern with the Euclid property is the remote location of the facility and the time wasted in travel and fuel cost, and added wear and tear on the trucks. He said he recommends the current facility based on the cost and its central location. He added that they are also talking to the school district about potentially purchasing their adjacent building,which would provide additional area for storing trucks. Councilmember Grassel asked if Mr. Kersten knows of any issues Waste Management had when they were using that facility, whether they had any complaints from the neighbors about big trucks or noise. Mr. Kersten said he is not aware of any complaints. City Manager Jackson asked for council direction as to whether they agree with keeping the focus on these two properties and, if so, he proposed that Mr. Kersten provide a more detailed comparison of the two properties to Council at a later date. Councilmember Gothmann said he thinks on the surface the 1st Avenue location looks ideal and he is in favor of that property based on the information he has so far. Mr. Kersten said he would recommend pursuing that property but if the Council wants, he could crunch the numbers on the Euclid property. Mayor Towey said he likes the property across the street(1st Avenue property), and he thinks the other is located too far away. Councilmember Grafos said he would rather look at a property that has more land. He said he has looked at the Olympic Boat Center site and said that while the office is not great, it has a large shop and more land, it is all paved, and the building is 6,000 square feet. He said it is three times larger and even though the asking price is $1.4 million, in this market he thinks we could get it for much less. He said he thinks in the long run we should look for something that is centrally located with more land, and that down the road we will have more equipment. Mr. Kersten said he looked at that building and found it did not fit our needs. Councilmember Grassel asked about the Waste Management property that is near our current location and how much land comes with the building we are leasing now. Mr. Kersten said the land is approximately 1.25 acres and the school district property is about another .5 acre, so nearly 1.75 acres total which is adequate for what we need. He said he does not anticipate needing more than four bays to repair trucks. He said again that he does not have a lot of money to spend and the property they are Council Study Session Minutes,November 16,2010 Page 3 of 6 Approved by Council: DRAFT leasing now is priced right for us. Deputy Mayor Schimmels said he thinks the location of Euclid is a detriment. It was the consensus of Council to move forward with the current property. 5. Snow Removal Plan—Neil Kersten Public Works Director Kersten discussed his PowerPoint presentation and said his crews are going to a 24-hour, 7 days per week schedule beginning Friday,November 19. He said they are expecting snow and freezing temperatures this week. He gets weather forecasts and information from both Washington State Department of Transportation and Northwest Weathernet. We have three city drivers and sixteen contract drivers with POE. He told Council we do not have our new truck yet and explained it is on backorder with International. He said he hopes they will have it by mid to late January. He said we have three plow/deicer trucks and two graders with side wings. We also currently have a bid out for graders for on- call drivers in case we have a heavy snow event. Mr. Kersten said our snow priorities are 1)primary arterials, 2) secondary arterials, 3) hillside residential, and 4) valley-floor residential. He said typically the snow depth varies across the city, so they will prioritize what is plowed ranging from one to three inches of snow. He said they are getting away from sanding the streets because of TMDL and water quality measures so they will use materials that have very low phosphorous levels. He said sand is high phosphorous and tends to clog the drywells, it creates dirt and dust that in the spring we spend a lot of money and time cleaning up. He said the sand also causes rock chips on windshields of motorists. He said occasionally we may still use sand, but the deicers are extremely effective. When we have a prediction of snow, ice or frost, we want to apply the liquid deicer. Once the snow starts to accumulate, we will use a granular deicer, a salt type material but with more minerals and different properties than salt. He said the granular deicer is more expensive,but it lasts much longer and is low in phosphorous. Mayor Towey asked how we advertise our snow hotline and when that starts. Public Information Officer Branch said we have already activated the snow information line and she will put out a media release as to where to find the information on our website, and the phone line for snow operation updates. She said they also have handouts for distribution throughout the city. Mr. Kersten said they have a GPS system to track the plows and the deicers to monitor where the trucks are and where they have been. They hope to get that information on our website at some point to show citizens where the vehicles are and what the route is so they have a better idea about when we may get to their area. City Manager Jackson said Council adopted the original snow removal plan by motion and that if Council is happy with this plan, we can include it as a Consent Agenda item at the December 14 meeting. It was the consensus of Council to place the snow removal plan on the December 14 Consent Agenda. 6. Site Selector Update— Scott Kuhta Planning Manager Kuhta introduced Robin Toth of Greater Spokane Incorporated (GSI) and discussed the Regional Site Selector website. He said the site is GIS (geographic information system)based to allow citizens and businesses access to available properties. It includes property listings, market and demographic data, zoning, aerial photos, special purpose districts and economic development districts. He said the website is used by national site selector companies and realtors, and it does not require a login or password so anyone can use it. In 2009, Spokane Valley began funding the program annually because we are a member of their consortium, but he said we could withdraw from the consortium at anytime. Mr. Kuhta pointed out that the 2010 and 2011 budget for Site Selector Consortium reflects a credit of$12,500 because they did not need all of the funds previously budgeted. Mayor Towey asked if anyone proofreads the information input into the website to ensure the address matches the picture of the property displayed. He said he found an error where a picture of the fire station showed up for sale under a different address and that the fire station is not for sale. Mayor Towey said he then went to another address listing and found that it showed the back half of Councilmember Grafos' property, which is not for sale. Ian Von Essen of GSI said they do not proof the material that is input and Council Study Session Minutes,November 16,2010 Page 4 of 6 Approved by Council: DRAFT instead they encourage the realtors who are loading the material to give accurate information. He said the properties are reloaded twice a week, so during the loading sessions we could get an inaccurate count of properties as they are reloading. Councilmember Grafos asked why properties are not listed and he asked who looks at the accuracy of the information. Ms. Toth said there was a computer glitch and properties were listed as "Spokane" instead of "Spokane Valley" because they are not zip code based, they are sorted by city name. Councilmember Grafos then asked if someone has looked at the ones that were since changed. Ms. Toth said it is important that the information is input correctly by the realtors. Councilmember Grafos asked how to prevent this from happening in the future when there is nobody to monitor it. Mr. Kuhta said we need to be more diligent in monitoring the website to ensure the data does not drop off. He said as we go along we are learning more on how things are updated on the back end but we need to track down why the address glitch is happening. Councilmember Grafos asked if the computer knows if the property is in Spokane Valley or Spokane when the address is input into the system. Mr. Von Essen said they have two ways of dealing with the address, on the parcel layer and the site address. He said the assessor has a large number of parcels that have no site addresses. When there is no site address they need to geocode information from the street, so it is not accurate but it gets them close. Councilmember Grafos asked how to make real estate brokers aware the site exists. Mr. Kuhta said they have given presentations but it is a continual effort, and said some brokers are not embracing the technology. He said some brokers keep their listings close to their chests but they are encouraging them to use this website as a tool. Councilmember Dempsey asked why different townships are listed: Veradale, Opportunity, and Greenacres. Mr. Von Essen said the census bureau uses the townships for their data but he said they are not listed that way on this site,but it is there as national information. Mayor Towey called for a recess at 7:45 p.m. The meeting reconvened at 7:55 p.m. 7. Amendment to Spokane Valley Municipal Code 2.75 (Public Records)— Cary Driskell Acting City Attorney Driskell said the Washington legislature put a provision in law this past session that if a city puts a record on their website, they would be complying with public record requirements if they provide a link to the available documents. He said this is beneficial because it would cut down on city staff time used in responding to public records. A couple years ago the City started putting records on our website via Laserfiche and we continue to add documents to our site. He said we looked at amending our municipal code to specifically add language relating to document availability on our website.While there, we found other items to address due to the changes in state law or for other reasons. He said we found we also embedded fees into the code which we normally avoid doing because the fees are in the master fee schedule. He said the first change is in section 2.75.010, paragraph A, they added "regardless of physical form or characteristics" pertaining to the definition of a public record. The next change is in Section 3 of the draft ordinance, adding language to include the Public Works Maintenance Shop as a place of business where we may receive a public record request. Mr. Driskell said page 3 of the draft ordinance addresses internet access through our website. He said we also added that in denying any public record request, we need to explain the reason for such denial along with citing the exemption. Page 4 of 5 reflects a change pertaining to provisions in the state Public Record Act that if a person wanted to make copies of public records using the city's machine rather than staff making the copies, we may have to make that accommodation. He said does not think we would win a lawsuit if we did not allow that to happen. The next change is taking fees out of the ordinance and putting them into the master fee schedule. Page 5 of 5 adds language that the incurred staff cost can be charged and that charge would be set forth in the master fee schedule. Councilmember McCaslin asked why we are striking out "designee" and if that means the requestor has to go to the Public Records Officer rather than any employee. Mr. Driskell said that because we refer to "designee" in the beginning of the draft, we do not need to repeat it throughout the document. Council Study Session Minutes,November 16,2010 Page 5 of 6 Approved by Council: DRAFT 8. Amendment to Spokane Valley Municipal Code Appendix A (Adult Retail Establishments) — Cary Driskell Acting City Attorney Driskell said that earlier this year we looked at an ordinance regarding adult entertainment that is different from adult retail use and considered a lower impact use. He said there is a complex variety of licenses adult entertainment business need to get, and they tend to require additional police oversight, so he looked at what conduct constitutes adult entertainment. He said they looked at whether the definition for adult retail use harmonized well with the new definition for adult entertainment and clarified the definition for both. He asked for consensus from council to move forward with the changes and refer the matter to the Planning Commission for a public hearing to take testimony and then bring back to Council with proposed language. Councilmember Grassel asked about the enforceability of the regulation and how police would determine whether someone viewing the material is doing so with the intention to buy the merchandise and not for other purposes. Mr. Driskell said that everyone has the right to view something for purchase, but the change would be that the business could not charge to view it. Councilmember Grassel asked if private viewing rooms are allowed under these revisions. Mr. Driskell said he will look at that specific issue. Councilmember Grassel said she would like us to be clear between retail establishments and entertainment establishments so that there is no gray area and the regulations are easily enforceable. Council consensus to forward to the Planning Commission. 9. Advance Agenda—Mayor Towey.No comments. 10. Information Only.Bond Counsel and Department Reports were not reported or discussed. 11. Council Check In—Mayor Towey Mayor Towey mentioned an email from Lobbyist Briahna Taylor regarding Council support for street maintenance. He said she has asked if there is consensus from Council to support asking the legislature to co-sponsor legislation, which is more than having the issue on our legislative agenda. Councilmember McCaslin asked if the diesel truck problem is on the Advance Agenda. City Manager Jackson said police looked into it and there are no laws restricting diesel trucks. He said he wrote a letter to the citizens asking them to contact him so he can discuss with them what the police can do. 12. City Manager Comments—Mike Jackson. City Manager Jackson said Council could revise the legislative agenda because the liquor initiative failed so we do not need to pursue that issue. He said the Dispatchers Association is pushing legislation with regard to 9-1-1 harassment calls. He said Council could remove the liquor legislative item from their agenda and support legislation to make it a crime to call 9-1-1 in a harassing manner. If Council agrees, he said he will make the changes and send our lobbyist the revised legislative agenda. It was the consensus of Council to proceed with the changes. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:24 pm. Thomas E. Towey, Mayor ATTEST: Christine Bainbridge, City Clerk Council Study Session Minutes,November 16,2010 Page 6 of 6 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading Proposed Ordinance amending SVMC 2.75 — Public Records GOVERNING LEGISLATION: SVMC 2.75; RCW 42.56; WAC 44-14 PREVIOUS COUNCIL ACTION TAKEN: Adoption of SVMC 2.75 in 2007, administrative report November 16, 2010. BACKGROUND: The City adopted SVMC 2.75 in 2007 to closely mirror the Public Record Model Rules contained in Washington Administrative Code (WAC) 44-14. In 2010, the Legislature amended RCW 42.56.090 to allow local jurisdictions to provide an internet address and link on the agency's web site to the specific records requested as required by RCW 42.56.520 Staff recommends adopting this provision in City Code as a way of allowing the citizens easier and quicker access to public records, while at the same time reducing the administrative time required by sending such documents via regular mail.. As a note, should the requestor notify us that they cannot access the records through the internet, then we would of course provide the records through the normal public record process. In the process of making these proposed changes, staff found several other areas that the Council may want to consider amending. Staff noted that when SVMC 2.75 was originally adopted, it included fees related to producing public records directly in the Code text. This is atypical, as fees are generally not included in ordinance but rather are placed in the city's Master Fee Schedule, which is adopted by resolution, and this draft Ordinance reflects removal of the fees, which will be placed in the Master Fee Schedule, slated for adoption consideration by council at the December 7 meeting. OPTIONS: approve the ordinance; do not approve the ordinance. RECOMMENDED ACTION OR MOTION: "I move to approve Ordinance 10-025 amending Spokane Valley Municipal Code 2.75 relating to public records. BUDGET/FINANCIAL IMPACTS: Anticipated to reduce administrative time in responding to record requests, but it is difficult to quantify such savings. STAFF CONTACT: Cary Driskell, Acting City Attorney; Chris Bainbridge, City Clerk ATTACHMENTS: Proposed ordinance amending SVMC 2.75— Public Records DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 10-025 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,AMENDING SPOKANE VALLEY MUNICIPAL CODE 2.75.010 RELATING TO AUTHORITY AND PURPOSE,2.75.020 RELATING TO THE CITY PUBLIC RECORD OFFICER,2.75.040 RELATING TO PROCESSING RECORD REQUESTS,2.75.070 RELATING TO COSTS OF PRODUCING RECORDS,AND OTHER MATTERS RELATED THERETO. WHEREAS, the City previously adopted Spokane Valley Municipal Code (SVMC) 2.75 relating to requests for public records, consistent with Revised Code of Washington (RCW) 42.56 and Washington Administrative Code (WAC) 44-14; and WHEREAS, in 2010, the Legislature amended portions of RCW 42.56 relating to how cities may respond to record requests in relation to accessing public records online; and WHEREAS, the City is in need of updating the phone number of the City's Public Records Officer; and WHEREAS, other provisions in SVMC 2.75 need to be amended in the event the City wishes to recover the costs of providing records more accurately. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend City Code provisions relating to requests for public records and responses thereto by the City. Section 2. Amending Spokane Valley Municipal Code Section 2.75.010. Spokane Valley Municipal Code 2.75.010 is amended as follows: 2.75.010 Authority and purpose—Compliance with Public Records Act, Chapter 42.56 RCW. A. RCW 42.56.070(1) requires each city to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" to include any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained" by the city regardless of physical form or characteristics. RCW 42.56.070(2) requires each city to set forth "for informational purposes" every law, in addition to the Public Records Act,that exempts or prohibits the disclosure of public records held by that city. B. The purpose of this chapter is to establish the procedures the City will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the City, and establish processes for requestors and City staff that are designed to best assist members of the public in obtaining such access. Ordinance 10-025 Amending SMVC 2.75 Page 1 of 5 DRAFT C. The purpose of the Public Records Act is to provide the public full access to information concerning the conduct of government, mindful of individuals' privacy rights and the desirability of the efficient administration of government. The Act and this chapter will be interpreted in favor of disclosure. In carrying out its responsibilities under the Act,the City will be guided by the provisions of the Act describing its purposes and interpretation. Section 3. Amending Spokane Valley Municipal Code Section 2.75.020. Spokane Valley Municipal Code 2.75.020 is amended as follows: 2.75.020 City description—Contact information—Public records officer. A. The City is a noncharter code city governed by the provisions of Chapter 35A.13 RCW. The City's central office is located at 11707 E. Sprague Ave., Spokane Valley, WA 99206. The City also has offices at CenterPlace located at 2426 N. Discovery Place, Spokane Valley, WA 99216, the Public Works Maintenance Shop located at 10804 East First Avenue, Spokane Valley, WA 99206, and the Spokane Valley Precinct located at 12710 E. Sprague Ave., Spokane Valley,WA 99216. B. Any person wishing to request access to public records of the City or seeking assistance in making such a request should contact the public records officer of the City: City Clerk City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley,WA 99206 Phone: 720-5102688 0177 Fax: 688-0194 . . • - . . .. .. _ cbainbridge@spokanevalley.org Information is also available at the City's web site at http://www.spokanevalley.org C. The public records officer will oversee compliance with the Act but another City staff member may process the request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or—designee and the City will provide requestors the "fullest assistance" as set forth in SVMC 2.75.040 to requestom; will ensure that public records are protected from damage or disorganization; and will strive to prevent prevent the fulfilling of public records requests from causing excessive interference with essential functions of the City. Section 4. Amending Spokane Valley Municipal Code Section 2.75.040. Spokane Valley Municipal Code 2.75.040 is amended as follows: 2.75.040 Processing of public records—General. Ordinance 10-025 Amending SMVC 2.75 Page 2 of 5 DRAFT A. Providing "Fullest Assistance." The City is charged by statute with adopting rules which describe how it will "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with other essential functions of the City," provide "fullest assistance" to requestors, and provide the most timely possible action" on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner. B. Acknowledging Receipt of Request. Within five business days of receipt of the request,the public records officer will do one or more of the following: 1. Make the records available for inspection or copying; 2. Provide an internet address and/or link to the City's website to the specific records requested, except that if the requester notifies the City that he or she cannot access the records through the internet, then the City will provide copies of the record or allow the requester to view copies using a City computer, if available and practical; 3�. If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor; 44. Provide a reasonable estimate of when records will be available; 45. If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or 65-. Deny the request,explaining the reason for such denial. C. Consequences of Failure to Respond. If the City does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond. D. Protecting Rights of Others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records,give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request. E. Records Exempt from Disclosure. Some records are exempt from disclosure, in whole or in part. If the City believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted. F. Inspection of Records. Ordinance 10-025 Amending SMVC 2.75 Page 3 of 5 DRAFT 1. Consistent with other demands,the City shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the City to copy. 2. The requestor must claim or review the assembled records within 30 days of the City's notification to him or her that the records are available for inspection or that copies are ready to be paid for and picked upcopying. The City will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the City to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the 30-day period or make other arrangements, the City may close the request and re_file the assembled records. G. Providing Copies of Records. After inspection is complete, the public records officer ef-desee shall make the requested copies or arrange for copying. If the requestor is making copies of City records, the City may stop the requestor from such copying if, in the City's reasonable belief, such copying by the requestor is damaging the records or resulting in the records becoming disordered. H. Providing Records in Installments. When the request is for a large number of records, the public records officer twill provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within 30 days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request. I. Completion of Inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer Of e-will indicate that the City has completed a diligent search for the requested records and inform the requestor that made any located nonexempt records are available for inspection. J. Closing Withdrawn or Abandoned Request. If the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies,the public records officer will close the request and indicate to the requestor that the City has closed the request. K. Later Discovered Documents. If, after the City has informed the requestor that it has all available records have been provided all available records, the City becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor will be promptly informed of the additional documents and such documents will be provided expeditiously expedited basis. Section 5. Amending Spokane Valley Municipal Code Section 2.75.070. Spokane Valley Municipal Code 2.75.070 is amended as follows: 2.75.070 Costs for providing copies of public records. A. Costs for Paper Copies. The fees for public records shall be determined by separate resolution. There is no fee for inspecting public records or for providing documents electronicallyby c mail, provided the document was created in an electronic format. A requestor may obtain standard black and whitc photocopies for$0.15 per page, and $3.00 per page for large maps, and the actual cost per disk for CDs or other electronic storage device. There will be no charge for documents provided electronically. Document copies mailed to the requestor will not be mailed until the fee,plus postage, has been received. There shall be no charge for document copies faxed locally provided there are 10 Ordinance 10-025 Amending SMVC 2.75 Page 4 of 5 DRAFT or fewer pages; and the $0.15 per page fee will not be charged for less than seven pages per request, unless the documents are mailed, in which case the fee and postage will be charged. Cost for color -- - - - P i• Before beginning to make the copies, the public records officer may require a deposit of up to 10 percent of the estimated costs of copying all the records selected by the requestor. The public records officer^ e may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The City will not charge sales tax when it makesfor-copies of public records. B. A reasonable charge may be imposed for providing copies of public records and for the use by any person of agency equipment, which charges shall not exceed the amount necessary to reimburse the agency for its actual costs directly incident to such copying. (RCW 42.56.120) CB. Costs of Mailing. The City wills also charge actual costs of mailing, including the cost of the shipping container. D€. Payment. Payment may be made by cash, check, or money order payable to the City of Spokane Valley. Section 6. Remainder of SVMC 2.75 Unchanged. The remaining provisions of SVMC 2.75 are unchanged by this amendment. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance 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 Ordinance. Section 8. Effective Date. This Ordinance shall become effective five days after publication of the Ordinance,or a summary thereof,in the official newspaper of the City. Adopted this day of , 2010 City of Spokane Valley Thomas E. Towey, Mayor ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 10-025 Amending SMVC 2.75 Page 5 of 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading Ordinance amending the 2010 Budget GOVERNING LEGISLATION: State law requires a public hearing and an amendment to our budget when the City expects to exceed appropriations. PREVIOUS COUNCIL ACTION: The City budget for 2010 was adopted in November of 2009. BACKGROUND: Amendments to the 2010 Budget are needed to: 1. Recognize the increase in premiums for Liability, Unemployment and Property Insurance for 2010 2. Adjust for the accrual of Decembers Debt Service expense to be paid in 2011 The proposed amendments include: A. Debt Service Fund revenues are increased by $25,000 for additional revenue in Real Estate Excise Tax. B. Risk Management Fund revenues are increased by $60,000 for an operating transfer from the General Fund. Fund (Branch) Revenue Expenditure account number Increase Increase Explanation 204 Debt Service LTGO 03 204.204.000.397.00.02 $25,000 Real Estate Excise Tax 204.204.000.591.95.71.01 $ 25,000 Accrue portion of 2011 payment into 2010 502 Risk Management 502.502.000.397.95.00 $60,000 Transfer from General Fund 502.502.000.514.76.46.01 $ 60,000 Increase in liability, unemployment & property insurance premiums Grand Total $85,000 $ 85,000 OPTIONS: Options include amending the budget, amending the budget for some of the changes or making no amendments. The budget should be amended to comply with Washington State law. RECOMMENDED ACTION OR MOTION: "I move to approve Ordinance 10-026 amending the 2010 budget as presented. BUDGET/FINANCIAL IMPACTS: There are adequate funds available to pay for these amendments. STAFF CONTACT: Ken Thompson, Finance Director DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 10-026 AN ORDINANCE AMENDING ORDINANCE 09-024 PASSED BY THE CITY COUNCIL ON OCTOBER 13, 2009 AND ENTITLED "AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A BUDGET FOR THE PERIOD JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 APPROPRIATING FUNDS AND ESTABLISHING SALARY SCHEDULES FOR ESTABLISHED POSITIONS;" AND CLOSING THE COMMUNITY DEVELOPMENT (CD) BLOCK GRANT FUND (306) WHICH IS NO LONGER NEEDED. WHEREAS, Subsequent to the adoption of the annual budget, it has become necessary to make changes by adding new revenue appropriations, amendments, and transferring funds in order to properly perform City functions, services and activities; and WHEREAS, the budget changes set forth in this Ordinance could not have been reasonably anticipated or known when the annual budget was passed by the City Council; and WHEREAS, the City Council has determined that the best interests of the City are served by amending the budget to reflect anticipated revenue, expenditures, transfers and appropriating same as set forth herein. NOW THEREFORE,The City Council of the City of Spokane Valley,Washington do ordain as follows: Section 1. Amended Revenues. Ordinance No. 09-024, as adopted or amended, adopted a budget for the twelve months ending December 31, 2010. Each item, revenue, appropriation, and fund are hereby amended as follows: A. Debt Service Fund revenues are increased by $25,000 for additional revenue in Real Estate Excise Tax. B. Risk Management Fund revenues are increased by $60,000 for an operating transfer from the General Fund. REVENUES: ORIGINAL FUND BUDGETED ENDING NUMBER FUND NAME REVENUES AMENDMENTS REVENUES 001 General Fund $ 54,540,850 $ 54,540,850 101 Street Fund 7,399,050 7,399,050 102 Arterial Street Fund - - 103 Trails/Paths 8,000 8,000 105 Hotel/Motel 400,000 400,000 123 Civic Fac. Repl. 1,240,000 1,240,000 204 Debt Service 650,000 25,000 675,000 301 Capital Proj. 1,948,000 1,948,000 302 Spec. Cap. Proj. 612,000 612,000 303 Street Cap. Proj. 10,572,000 10,572,000 304 Mirabeau Pt. - - 305 Street Bond Prj. - - 306 Com. Dev. Blk Grnt 300,000 300,000 307 Cap. Grants 2,465,000 2,465,000 Ordinance 10-026 Amending 2010 Budget Page 1 of 3 DRAFT 308 Barker Bridge Fed. 1,767,000 1,767,000 402 Stormwater Mgmt. 4,398,015 4,398,015 501 Equipment R&R 919,000 919,000 502 Risk Management 258,000 60,000 318,000 120 Centerplace Op. 350,000 350,000 121 Service Lvl Stab. 5,400,000 5,400,000 122 Winter Weather 505,000 505,000 309 Parks Cap. Prj. 820,000 820,000 310 Civic Fac. Capital 5,827,000 5,827,000 Totals $ 100,378,915 $ 85,000 $ 100,463,915 Section 2. Expenditures Appropriated. To appropriate the amendments from the above estimated revenues and transfers for each separate fund, the expenditure appropriations for the period January 1 through December 31, 2010 are amended as set forth below: EXPENDITURES/APPROPRIATIONS: FUND ORIGINAL ENDING NUMBER FUND NAME APPROPRIATIONS AMENDMENTS APPROPRIATIONS 001 General Fund $ 54,540,850 $ 54,540,850 101 Street Fund 7,399,050 7,399,050 102 Arterial Street Fund - - 103 Trails/Paths 8,000 8,000 105 Hotel/Motel 400,000 400,000 123 Civic Fac. Repl. 1,240,000 1,240,000 204 Debt Service 650,000 25,000 675,000 301 Capital Proj. 1,948,000 1,948,000 302 Spec. Cap. Proj. 612,000 612,000 303 Street Cap. Proj. 10,572,000 10,572,000 304 Mirabeau Pt. - - 305 Street Bond Prj. - - 306 Com. Dev. Blk Grnt 300,000 300,000 307 Cap. Grants 2,465,000 2,465,000 308 Barker Bridge Fed. 1,767,000 1,767,000 402 Stormwater Mgmt. 4,398,015 4,398,015 501 Equipment R&R 919,000 919,000 502 Risk Management 258,000 60,000 318,000 120 Centerplace Op. 350,000 350,000 121 Service Lvl Stab. 5,400,000 5,400,000 122 Winter Weather 505,000 505,000 309 Parks Cap. Prj. 820,000 820,000 310 Civic Fac. Capital 5,827,000 5,827,000 Totals $ 100,378,915 $ 85,000 $ 100,463,915 These amendments include an increase to the Risk Management Fund of $60,000 for liability, unemployment and property insurance premium increases; an increase to the Debt Service Fund of $25,000 to allow for the accrual of the Debt Service attributable to December 2010, but will not be paid until 2011. Ordinance 10-026 Amending 2010 Budget Page 2 of 3 DRAFT Section 3. Closing of Funds. The Community Development (CD) Block Grant Fund (306) is no longer needed by the City and is hereby closed. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance 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 Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. Passed by the City Council of the City of Spokane Valley this day of ,2010. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 10-026 Amending 2010 Budget Page 3 of 3 Agenda Item 4a CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: n consent n old business ®new business n public hearing n information n admin. report n pending legislation AGENDA ITEM TITLE: Motion Consideration: Mayoral Appointments Planning Commission GOVERNING LEGISLATION: Spokane Valley Municipal Code: 18.10. Establishment and purpose. The purpose of the planning commission is to study and make recommendations to the mayor and city council for future planned growth through continued review of the City's comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the city council. Membership: A. Qualifications. The membership of the planning commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City of Spokane Valley. B. Appointment. Members of the planning commission shall be nominated by the mayor and confirmed by a majority vote of at least four members of the city council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members/Terms. The planning commission shall consist of seven members. All members shall reside within the City of Spokane Valley. The terms for the initial commissioners shall be two one- year terms, two two-year terms and three three-year terms. The initial members and their terms shall be decided by the mayor and confirmed by the city council. Subsequent terms shall be for a three-year period. Terms shall expire on the thirty-first day of December. BACKGROUND: Notice was placed October 29, and November 5, 12 and 19 in the Spokesman Review and Valley News Herald and was posted on the City's website. The incumbents Art Sharpe and Craig Eggleston did not seek re-appointment. Applications were received from Bill Bates, Frederick Mark, Jaimelyn McLeod,William Miller, Steven Neill, Joseph Stoy, and Randall Vanhoff. Deputy Mayor Schimmels proposes appointing Bill Bates and Joseph Stoy to the Planning Commission with terms commencing January 1, 2011. OPTIONS: (1) Confirm the Deputy Mayor's Recommended Appointments; (2) Choose not to approve; (3)Take other action deemed appropriate by council. RECOMMENDED ACTION OR MOTION: Move to confirm the Deputy Mayor's recommended appointments of Bill Bates and Joseph Stoy to the Planning Commission, with terms commencing January 1, 2011. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Chris Bainbridge ATTACHMENTS None Agenda Item 4b CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12-14-10 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Mayoral Appointments, Lodging Tax Advisory Committee BACKGROUND: Notice of openings was placed in the Spokesman Review, the Valley News Herald, on our website. Per Spokane Valley City Municipal Code 3.20: 3.20.040 Lodging tax advisory committee. The city council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the city council. Annually,the membership of the committee shall be reviewed. The mayor shall nominate persons and the council member for the lodging tax advisory committee with council confirmation of the nominees. Nominations shall state the term of committee membership. Appointments shall be for one-and two-year terms. (Ord. 27 § 4,2003). For calendar year commencing 2011, there are three opening: one for a member involved in activities authorized to be funded by the tax, and two opening for members who represent a business required to collect the tax. Appointments are for one or two-year terms. Applications were received from the following: Required to collect the tax: Lee Cameron(incumbent), Mirabeau Park Hotel Cal Clausen(incumbent), Sterling Hospitality Christine A. Cochran,Pheasant Hill Inn Involved in Funded Activities: Keith Backsen, Spokane Regional Convention &Visitor's Bureau Philip Champin,HUB Sports Center Peggy Doering(incumbent),Valleyfest, Mid-City Concerns/Meals on Wheels ACTION: Mayor to appoint three people,and a Council liaison. Terms are for one or two years. Recommended Motion: Motion to confirm Mayoral appointments to the Lodging Tax Advisory Committee as follows: 1. Council Liaison,for a one-year term 2. ,for a -year term (representing someone authorized to be funded by the tax) 3. , for a -year term (representing business required to collect the tax) 4. , for a year term (representing business required to collect the tax). BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Chris Bainbridge Agenda Item 4c CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: n consent n old business ® new business n public hearing n information n admin. report n pending legislation AGENDA ITEM TITLE: Motion Consideration: Mayoral Appointments, Council appointments to various Committees,Boards, and Commissions. GOVERNING LEGISLATION: Various ordinances, resolutions, and state statutes PREVIOUS COUNCIL ACTION TAKEN: Annually, the Mayor makes appointment recommendations to place councilmembers on various regional boards and committees. The following lists shows which councilmembers are associated with what boards and committees. Mayor Towey proposes to re-appoint each councilmember as they were appointed last year,to-wit: COUNCIL COMMITTEES/BOARDS/COMMISSIONS: Mayor Towey: 1. Greater Spokane Incorporated(GSI) 2. Spokane Valley Finance Committee 3. Spokane Valley Governance Manual Committee 4. Mayor's Association of NE Washington 5. TPA(Hotel/Advisory Committee) Tourism Promotion Area 6.Wastewater Policy Advisory Board Deputy Mayor Schimmels: 1. Spokane Valley Finance Committee 2. Spokane Regional Transportation Council 3. Spokane Transit Authority 4. Solid Waste Liaison Board 5. Solid Waste Advisory Committee (this appointment made by Board of County Commissioners) Councilmember Dempsey: 1. Spokane Regional Health District Board 2. Spokane Regional Clean Air Agency 3.Wastewater Policy Advisory Board 4. International Trade Alliance Councilmember Gothmann: 1. Emergency Communications Board 911 2. Spokane Valley Governance Manual Committee 3. Spokane Regional Health District Board 4. HCDAC(Spokane Housing &Community Development Advisory Committee) Councilmember Grafos: 1. Spokane Valley Finance Committee 2. Growth Management Steering Committee of Elected Officials 3. Spokane Transit Authority Agenda Item 4c Councilmember Grassel: 1. Chamber of Commerce Board 2. Convention Center&Visitor's Bureau 3. Growth Management Steering Committee of Elected Officials 4. Spokane Valley Lodging Tax Advisory Committee 5. Spokane River TMDL Implementation Advisory Committee Councilmember McCaslin: no appointments OPTIONS: Consider other appointments RECOMMENDED ACTION OR MOTION: I move to confirm the Mayoral appointments of Councilmembers to various boards, committees and commissions as shown above, for the calendar year 2011. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Chris Bainbridge ATTACHMENTS CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Allocation of Lodging Tax (Hotel/Motel) Funds for 2011. GOVERNING LEGISLATION: State Law PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: On October 21 the Lodging Tax Advisory Committee met to hear presentations from applicants regarding tourism promotion. Presentations were made by the Spokane Regional Sports Commission, Valleyfest, Spokane Valley Heritage Museum, Spokane Regional Convention & Visitors Bureau, and HUB Sports Center. Each year the City makes dollars available from lodging tax receipts for tourism promotion programs. After the presentations and committee discussion, the Lodging Tax Advisory Committee recommended the following awards: Spokane Regional Sports $165,000 Valley fest 36,000 Spokane Valley Heritage Museum 5,000 Spokane Regional Conv./Visitors Bureau 250,000 HUB Sports Center 40,000 Total $496,000 OPTIONS: 1) Approve the recommendations of the Lodging Tax Advisory Committee to promote tourism via these events; 2) Modify the amounts of these awards; 3) Reject these recommendations. RECOMMENDED ACTION OR MOTION: "I move to approve the Lodging Tax Advisory Committee recommended allocations as follows: Spokane Regional Sports $165,000; Valleyfest $36,000; Spokane Valley Heritage Museum $5,000; Spokane Regional Convention/Visitor's Bureau $250,000; and HUB Sports Center $40,000." BUDGET/FINANCIAL IMPACTS: The cost to the City for this action will be $496,000 in lodging tax receipts which can only be used for tourism promotion. STAFF CONTACT: Finance Director Ken Thompson City of Spokane Valley Lodging Tax Advisory Committee Minutes of Meeting held October 21, 2010 After revision on Dec. 8, 2010 The meeting was called to order at 8:40 a.m. In attendance were Cal Clausen, Peggy Doering, Doug Kelley, Lee Cameron, Brenda Grassel, Sarah Davenport, Ken Thompson, Phil Champlin (HUB), Eric Sawyer(Spokane Regional Sports Commission), Denise Paulings (Unlimited Marketing for Valleyfest), Jayne Singleton (Spokane Valley Heritage Museum), Cheryl Kilday and Jeanna Hofmeister(Spokane Regional CVB). Ken Thompson opened the meeting with an overview of the agenda and by explaining that the meeting was open to the public. The first order of business was to discuss the money available for 2010. It was noted that the funding that was available was over $500,000. The committee went on to discuss possibility of allocating some funds now and meeting again later in the year to distribute remaining funds, and also their concern for the promotion of the City of Spokane Valley more aggressively. Presentations: 9:00 Spokane Regional Sports Commission Eric Sawyer 9:35 Valleyfest Denise Paulings/Peggy Doering 10:10 Spokane Valley Heritage Museum Jayne Singleton 10:20 Spokane Regional CVB Cheryl Kilday and Jeanna Hofmeister 11:00 HUB Sports Center Phil Champlin A grid was prepared on the whiteboard of the applicants and each committee member's name. Each committee member around the table expressed their opinion and made recommendations for allocation. There was discussion regarding how to distribute the amounts. Averages were calculated and further discussion took place. The committee settled on the following recommendation: Spokane Regional Sports Commission $165,000 Valleyfest $36,000 Spokane Valley Heritage Museum $5,000 Spokane Regional Convention and Visitors Bureau $250,000 HUB $40,000 $496,000 There was discussion that information regarding actual room nights resulting directly from each event would be helpful. If this information was not available in future years funding might be reduced. Lastly, Councilmember Grassel stated she would be sending a follow up email to committee members regarding the possibility of meeting 2-3 times per year. The meeting was adjourned at 12:00 p.m. Respectfully submitted, Sarah Davenport CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Meeting Date: Dec 14, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Purchase of Broadcasting Equipment GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Council has expressed interest in purchasing equipment for broadcasting council meetings. PEG (Public, Education & Government funds) will pay for the needed hardware (phase 1) for cable broadcasting as a capital expense, The General Fund will be used for any hardware needed for Web only broadcasting (phase 2). All operational costs would come from the General Fund. • PHASE ONE: Purchase equipment needed to start producing and recording meetings for playback on cable channels 5 and 14 subject to programming. Total Hardware and install cost: $60,000 (PEG funds) and annual estimated labor costs:$28,800 (General Fund) • PHASE TWO: Purchase equipment needed to stream council meeting live on the internet and provide Video on Demand of archived meetings. Hardware costs: $4,000 (General Fund) and annual Hosting costs: $8,000 (General Fund) This does not include any staff time to manage the project. RECOMMENDED ACTION OR MOTION: I move to authorize the City Manager or designee to acquire the equipment needed to broadcast council meetings (delayed broadcast) on cable channels 5 and/or 14 (Phase 1), and to stream council meetings live on the Internet (Phase 2). BUDGET/FINANCIAL IMPACTS: Phase I Capital will be funded with PEG fees. Phase 2 hardware is budgeted in the 2011 budget. Labor is budgeted in 2011. STAFF CONTACT: Information Technology Specialist Greg Bingaman, Finance Director Ken Thompson. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Street and Stormwater Maintenance Contract Renewal (Poe) GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Street and Stormwater Maintenance Contract Approval on April 24, 2007, Contract Renewal in 2008, 2009 and 2010. BACKGROUND: The City conducted a RFP process in March 2007. In April 2007 the Council awarded the contract to Poe Asphalt Paving by the following motion: 4. Motion Consideration: Contract Approval for Street and Stormwater maintenance and Repair — Neil Kersten. It it as moved by Councilmember Munson and seconded to award the con tract to Poe Asphalt Paring in an amount not to exceed 51,175,119, and authorize the City Manager or designee to sign the contract and future seven-year ear renew able options as provided it? the RFP documents. Public Works Director Kersten explained that there have been no changes since this was last discussed before Council. Deputy Mayor Taylor invited public comments: no comments were offered. Vote by Acclamation: In favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. The contract was for one year with seven one-year renewal options which may be exercised by the City. Poe Asphalt Paving provided an excellent level of service during 2007, 2008, 2009 and 2010. The Contract amount in 2010 was $1,375,119. The 2011 approved budget increased the contract amount to $1,545,119. Poe Asphalt has requested a 4% increase to their unit bid prices for labor and equipment rates at 1.2% which is the CPI U rate. I recommend that we approve the unit price increases and approve the base contract to Poe Asphalt paving in the amount of $1,545,119 OPTIONS: Renew the contract amount not to exceed $1,375,119, or provide staff with further direction. RECOMMENDED ACTION OR MOTION: Move to approve the contract to Poe Asphalt Inc. in an amount not to exceed $1,545,119 and authorize the City Manager to sign the contract. BUDGET/FINANCIAL IMPACTS: The contract will be funded by the approved 2011 budget. STAFF CONTACT: Neil Kersten ATTACHMENTS: 2011 draft contact renewal letter, Poe Direct Rates Spokane Valley N 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org December , 2010 Poe Asphalt Paving, Inc. 2732 N Beck Road Post Falls, ID 83854 Re: Implementation of 2011 option year, Poe Contract No. 09-003 for Agreement for Street and Stormwater Maintenance and Repair Services, Poe Contract No. 07-008, executed May 11, 2007. Dear Mr. Griffith: The City executed a contract for provision of Street and Stormwater Maintenance and Repair Services on May 11, 2007. The Request for Proposal states that it was for one year, with seven optional one-year terms possible if the parties mutually agree to exercise the options each year. The City would like to exercise the 2011 option year of the Agreement. The Compensation as outline in Exhibit A, 2011 Cost Proposal, includes the increases you requested and shall not exceed $1,545,119. This is the fourth of seven possible option years that can be exercised, and runs through December 31, 2011. Exhibit"A" —2011 Cost Proposal All of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising this option year. If you are in agreement with exercising the 2011 option year, please sign below to acknowledge the receipt and concurrence to perform the 2011 option year. Please return two (2) copies to the City for execution. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY Poe Asphalt Paving, Inc. Name and title Name and title Date signed Date signed Exhibit "A" 2011 Cost Proposal 2011 2010 % Increase Labor Hourly Overtime Hourly Overtime Hourly Overtime Superinten $58.60 $72.85 $56.35 $70.05 4% 4% Foreman $43.55 $57.70 $41.85 $55.45 4% 4% Operator $42.55 $56.70 $40.85 $54.45 4% 4% Teamster $42.55 $56.70 $40.85 $54.45 4% 4% Laborer $39.40 $52.40 $37.85 $50.35 4% 4% Equipment Costs Costs % Increase 38 KW Tractor $60.72 $60.00 1.20% 22 End Dump $60.72 $60.00 1.20% 29 End Dump $60.72 $60.00 1.20% 40 End Dump $60.72 $60.00 1.20% 56 End Dump $60.72 $60.00 1.20% 60 End Dump $60.72 $60.00 1.20% 23 Super $81.47 $80.50 1.20% 24 Super $81.47 $80.50 1.20% 25 Super $81.47 $80.50 1.20% 27 Super $81.47 $80.50 1.20% 28 Super $81.47 $80.50 1.20% 257 Water Truck $45.03 $44.50 1.20% 259 Water Truck $60.72 $60.00 1.20% 205 Tack Truck $45.03 $44.50 1.20% 273 Service Truck $39.47 $39.00 1.20% 230 F250 $16.19 $16.00 1.20% 300 F150 $16.19 $16.00 1.20% 202 F450 $27.07 $26.75 1.20% 208 F450 $27.07 $26.75 1.20% 247 F550 $27.07 $26.75 1.20% 75 Lowbed $37.44 $37.00 1.20% 102 Pup $21.25 $21.00 1.20% 103 Pup $21.25 $21.00 1.20% 187 Pup $21.25 $21.00 1.20% 188 Pup $21.25 $21.00 1.20% 197 Belly Dump Trailer $21.25 $21.00 1.20% 144 Tilt Trailer $26.57 $26.25 1.20% 131 Trailer $15.94 $15.75 1.20% 132 Trailer $15.94 $15.75 1.20% 149 Trailer $15.94 $15.75 1.20% 461 Grade Roller $55.15 $54.50 1.20% 406 DD34 Roller $44.78 $44.25 1.20% 411 Roller $44.78 $44.25 1.20% 418 Roller $65.78 $65.00 1.20% 416 Roller $79.95 $79.00 1.20% 505 Bomag $86.02 $85.00 1.20% 524 Blawknox $177.10 $175.00 1.20% 722 John Deere 210 $50.60 $50.00 1.20% 718 Huber $55.66 $55.00 1.20% 711 Cat 160 $86.53 $85.50 1.20% 828 Broce Broom $55.66 $55.00 1.20% 926 Tack Trailer $16.19 $16.00 1.20% 421 Plate Wacker $5.36 $5.30 1.20% 946 Saw $26.57 $26.25 1.20% Material Costs Costs HMA I $59.00 I $59.00 I 0.00% Top Course (5/8) $6.30 $6.30 0.00% Overhead and Profit F Costs Costs Direct Costs 22% 22% 0.00% Subcontractors 8% 8% 0.00% l-, AGREEMENT FOR SERVICES Poe Asphalt Paving,Inc. Contract No. 07-008 THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Poe Asphalt Paving, Inc. hereinafter "Contractor," jointly referred to as"parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: ( 1. Work to Be Performed. The Contractor shall do all work and furnish all labor, tools, materials, supplies and equipment for the Street and Stormwater Maintenance and Repair Services (hereinafter"work") in accordance with RFP No. 07-008 -Street and Stormwater Maintenance and Repair (Exhibit 1), Poe Asphalt Paving — Street and Stormwater Maintenance and Repair Services Proposal (Exhibit 2) and 2006 Standard Specifications for Road, Bridge and Municipal Construction of the Washington State Department of Transportation, which are by this reference incorporated herein and made part hereof("Contract Documents"), and shall perform any changes in the work in accord with the Contract Documents. The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for constructing and ' completing the work and related activities provided for in the Contract Plans and Contract Documents, except those items mentioned therein to be furnished by the City of Spokane Valley. The City Manager, or desipee, shall administer and be the primary contact for Contractor. Prior • to commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to review the scope of work, schedule, and time of completion. Upon notice from the City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this agreement Unless otherwise directed by the City, all work shall be performed in conformance with the Contract Plans, Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of the highest quality materials, so that all work performed shall be in compliance with current related industry standards. 2. Term of Contract. This agreement shall be in full force and effect upon execution and shall remain in effect until December 31, 2007. The City may terminate this agreement by ten(10) days' written notice to the other party. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to pay the Contractor for the Cost of the Work plus the Contractor's fee for overhead and profit as defined in Schedule A(Exhibit 3). A. The Contractor's Fee for Costs of the Work as defined in Schedule A Section 2.1 Direct Costs will be a percentage of the Cost of the Work and shall be 22% 3 C07-34 B. The Contractor's Fee for Costs of the Work as defined in Schedule A Section 2.2 Subcontractor Costs will be a percentage of the Cost of the Work plus the Overhead Rate and shall be 8% C. The sum of the Cost of the Work plus the Contractor's Fee shall not exceed one million one hundred severity five thousand one hundred nineteen Dollars ($1,175,119), subject to additions and deductions by Change Order. 4. Payment. The Contractor may elect to be paid in monthly installments, upon presentation of an invoice to the City, or in a lump sum, upon completion of the work. Applications for payment shall be sent to the City Clerk at the below-stated address. The City reserves the right to withhold payment under this agreement which is determined, in the reasonable judgment of the City Manager, to be noncompliant with the Contract Plans, Contract Documents, or City or State standards. 5. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge,City Clerk Name: Brad Griffith Phone Number: (509)921-1000 Phone Number: (208) 777-0498 Address: 11707 East Sprague Ave., Suite 106 Address: 2732 N Beck Road Spokane Valley, WA 99206 Post Falls,ID 83854 6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree to comply with all applicable Federal, State and local laws,and City ordinances and regulations. 7. Prevailing Wai es on Public Works. Unless otherwise required by law, if this contract is for a "public work" which is defined as "work, construction, alteration, repair or improvement other than ordinary maintenance executed at the cost of the City,"the following provision applies: This agreement provides for the construction of a public work and a payment of prevailing wages according to Washington law. All workers, laborers or mechanics shall be paid a prevailing rate of wage that is set forth in an Exhibit to this agreement. Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing Wages" must be submitted to the City. Following final acceptance of the public works project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid" before retained funds will be released to the Contractor. The affidavit must be certified by the industrial statistician of the Department of Labor and Industries. 8. Relationship of the Parties. It is hereby understood, agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means of the work is solely within the discretion of the Contractor. Any and all employees who provide services to the City under this agreement shall be deemed employees of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all employees under this agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by the Contractor under this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 11. Warranty. Unless provided otherwise in the Contract Plans or Con tract Documents, Contractor warrants all work and materials performed or installed under this contract are free from defect or failure for a period of one year following final acceptance by the City, unless a supplier or manufacturer has a warranty'for a greater period, which warranty shall be assigned to the City. In the event a defect or failure occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or expense to the City. 12. Contractor to Be Licensed And Bonded. The Contractor shall be duly licensed and bonded by the State of Washington at all times this agreement is in effect. 13. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives,employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (iSO) from CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and properly damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less that$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail,return receipt requested,has been given to the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:V11. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 14. indemnification and Hold Harmless. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. it is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 15. Waiver. No officer, employee, agent, or other individual acting on behalf of either party, has the power, right, or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall he held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement, or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this agreement, or to require, at any time, performance by the other party of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor shall it affect the validity of this agreement or any part thereof. • 16. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this agreement, or the benefits received hereunder, without first obtaining the written consent of the other party. 17. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 18. Arbitration. All disputes arising under this agreement shall be resolved through arbitration pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of Arbitration. 19. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties, and supercedes any prior oral or written agreements. This agreement may not be changed, modified,or altered,except in writing and signed by the parties hereto. 20. Anti-kickback No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement, shall have, or acquire, any interest in this agreement,or have solicited, accepted, or granted, a present or future gift, favor, service, or other thing of value from any person with an interest in this agreement. 21. Business Registration. Prior to commencement of work, Contractor shall register with the City as a business. 22. Severability. If any section, sentence, clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this agreement. 23. Exhibits. Exhibits attached and incorporated into this agreement are: 1. Request for Proposals for Street and Stormwater Maintenance and Repair Services RFP 07-008 2. Poe Asphalt Paving Inc Proposal for Street and Stormwater Maintenance and Repair Services 3. Schedule A 4. Insurance Certificates IN WITNESS WHEREOF, the parties have executed this agreement this // day of ,2007. CITY OF SPOKANE VALLEY: CONTRACTOR: City Manager Ow, ( ', d, • TaXI.D.No.: 6n _O 7)1L ATTT • APPROVED AS TO FORM: CO.'"‘n, AMIN City Clerk! .. : ". _ J . ' Office of t4ui City Atto Schedule"A" 1. Cost of the Work. Cost of the Work means the sum of costs incurred and paid by Contractor in the proper performance of the Work. Costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items: 1.1 Direct Costs 1.1.1 Payroll Costs. Charges for Payroll Costs will be limited to actual costs of Contractor's construction personnel stationed in the field. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions,unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. The labor rates shall be per Attachment C—Part 2 of Exhibit 2. 1.1.2 Equipment Costs. Charges for Equipment Costs used by the contract to complete the work in the field. The equipment rates are included in Attachment C—Part 3 of Exhibit 2. 1.1.3 Material Costs. Charges for Material Costs furnished by the Contractor and incorporated in the Work. The City and Contractor agree that materials listed under Attachment C—Part 4 of Exhibit 2 represent the maximum authorized types of materials and unit rates which will be considered reimbursable under the terms of the this contract unless subsequently changed for reasons approved by the City by a formal change order to the Contract. Material rates shall be in accordance with the material types shown in Attachment C—Part 4 of Exhibit 2. 1.2 Subcontractor Costs 1.2.1 Attachment C—Part 5 has a list of all subcontractors expected to work for you under this contract. If required by the City, the Contractor shall obtain competitive bids from subcontractors acceptable to the City and Contractor and shall deliver such bids to the City, who will then determine which bids, if any, will be acceptable. • 1.2.2 Material Costs. Charges for. Material Costs furnished by the Subcontractor and incorporated in the Work. The City and Contractor agree that materials listed under Attachment C—Part 6 of Exhibit 2 represent the maximum authorized types of materials and unit rates which will be considered reimbursable under the terms of the this contract unless subsequently changed for reasons approved by the City by a formal change order to the Contract. Material rates shall be in accordance with the material types shown in Attachment C—Part 6 of Exhibit 2. The City and the Contractor agree that the rates listed in the Attachment include overhead and profit for the subcontractors. 1.2.3 Payments made by the Contractor to Subcontracts may be based on a lump sum price from the Subcontractor. 2 Overhead and Profit. Contractor's fee means a percentage over the direct costs (Items 1.1 and 1.2 above) to account for the contractor's overhead and profit. 2.1 Fee for overhead and Profit for the Project cots is a percentage over the direct cost (Item 1.1 above)that includes the overhead and profit for the contractor over work executed by the contractor. Overhead costs includes, but are not limited to, the cost of the contractor's offices and office personnel, insurance, bonds, and any other overhead and operating expenses not specifically included in the Cost of the Work as defined in Section 1.1 above. 2.2 Fee for overhead and profit for subcontractor's cost is a percentage over the cost charged by the subcontractor to the contractor(item 1.2 above). The overhead and profit for the operation of the subcontractor is already included in the subcontractor cost charged by the subcontractor to the contractor. • Pail ne,- e '- h Poe • • RFP PACKET City of Spokane Valley Street and Stormwater Maintenance and Repair Services Proposal No. 07-008 • We appreciate the opportunity to give you this proposal and look forward to a positive relationship. Thank You, Brad Griffith IPIfALT PAVING INC. Ali& Serving Washington & Idaho since 1953 - Table- of' Contents • Attachment A- Parts 1 & 2 • Attachment B - Company Experience, References, Work Plan, Equipment List and Daily Report • Attachment C - Cost Proposal • Attachment D - Bid Bond - • Attachment E - Signature Page ATTACHMENT A—PART 1 GENERAL INFORMATION A.Legal Name of Applicant Company POE ASPHALT PAVTT , _ • B.Name of Contact Person BRAD G,RTFFTT • Title VICE PIDNr Telephone Number including area code 208-777-0498 e-mail address bradepoeasph t.corn C.Did outside individuals/agencies assist with preparation of this program? • YES X NO If"Yes",please describe: D.RECEIPT OF ADDENDA: Firm acknowledges receipt of the following addenda if any: Addendum No. 1 Addendum No. Addendum No. Addendum No. Dated 3/1 6/2 0 07 Dated Dated Dated • I certify that to the best of my knowledge the information contained in this RFQ for qualifications is accurate and complete and that I have the legal authority to commit this agency to a contractual agreement. I realize the final funding for any service is based upon funding levels and the approval of the Spokane Valley City Council. Brod p, Print Name ) Title • s __d /17-0-7 Signa i 'strator,or Applicant Agency Date • • • ATTACHMENT N1'A-PART 2 ADMINISTRATIVE INFORMATION A. FIRM: 1.Name of firm: POE ASPHALT PAVING INC 2. Business address including zip code: 2732 N BECK RD, POST FALLS ID 83854 3. Telephone number including area code: 208-777-0498 4.Fax number including area code: 208-777-0499 - 5. Federal Tax Identification Number. 82-0263719 6. Washington State UBI Number if issued: 409-018-683 7. State Industrial Account Identification Number if issued: 191,377-00-1 ' 8. Following is a listing of all engagements the company has undertaken in the last five years that have resulted in: (a)Arbitration or litigation and the disposition of the cases. NONE (b) Claims being filed by the Federal Government or the Washington State Departments of L &1,Employment Security or Revenue. NONE (c) Liens or claims recorded with the Spokane County Auditor by suppliers or subcontractors.List with whom, for what; and amount. NONE • B. 1NSU12.ANCE COMPANY: 1. Name of Insurance Company SIONE.}3RA MCQUARy INS.AG 2.Name of Insurance Agent: J,y HEwo T 3. Address including zip code:P 0 BOX 9, MARKS'ON WA 99403-0009 4. Telephone number including area code: 509-758-5529 • Attachment B Company Experience • Poe Asphalt Paving, Inc.has been in business since 1953.We pride ourselves in delivering quality projects, on time,and under budget. Our projects range in size from private driveways to State/Federal Highways in Washington and Idaho. Poe Asphalt has completed contracts with various municipalities over the years.We have partnered with such agencies as: • City of Spokane Valley • City of Liberty Lake • City of Coeur d'Alene • City of Rathdzum • City of Pullman • City of Moscow • City of Clarkston • City of Lewiston • Washington State University See attached sheets for references. All of our Employees have the appropriate licenses and certifications to operate the equipment necessary to execute the work needed to complete this contract.The management team has substantial experience and has attended various leadership seminars,quality control classes,safety classes, and computer software classes.Below is a list of the key personnel that will be involved in executing this contract • Brad Griffith -Vice President - -30 years of experience • Mike Johnson -Superintendent -15 years of experience • Taj Anderson -Project Manager -5 years experience • Jody Todhunter --Contract Administration - 10 years experience • John Hines --Paving Foreman -30 years experience • Dana Haugen -Prep Foreman -•25 years experience • • • Attachment B - References • City of Spokane Valley Asphalt Repairs 2006 $200,000 Tim Mein-509 888-0192 Street overlays, aggregate base,patching,utility adjustments,traffic control.. • City of Coeur d'Alene Overlays 2004 $600,000 Dick Suchocki-208 769-2285 Asphalt removal,fabric,overlays,utility adjustments,patching,traffic controL • City of Coeur d'Alene overlays 2006 $550,000 Dick Suchocld-208 769-2285 - Street overlays,asphalt removal,fabric,utility adjustments,patching,traffic control. • Minor Street Resurfacing City of Pullman • $400,000 Sam Nasralla-509 338-3303 • Overlays,patching,utility adjustments,traffic control. • Accelerated Street Resurfacing City of Pullman $420,000 Sam Nasralla-509 338-3303 Grinding,wedge milling,asphalt paving,utility adjustments,curb replacement,traffic control. • WS11 Parking Services Repair 2005 $48,300 Ed Fisher-509 335-9060 Excavation,asphalt paving,patching,utility adjustments. • WS17 Resurface&Repair 2006 $185,000 Clyde Wilhelm-509 335-9000 Grinding,paving,patching,utility adjustments. • • FY06 Pavement Overlay City of Moscow 9520.000 Joe Schnacher-208 799-4233 Grinding,asphalt overlays,fabric,utility adjustments,traffic control. • City Street Maintenance 1997, 2001, and 2005 City of Lewiston $622,000, $537,000, and$347,000 Merritt Donlon-208 746-3671 Ext 260 Quality patching,utility adjustments,asphalt pre-level,paving fabric,overlays,chip seal,traffic control. You can call these Municipalities for additional references; • City of Liberty Lake Doug Smith 509 755-6706 • City of Clarkston ' Jim Martin 509 758-1662 • I\ Attachment B Wark Plan Preliminary Schedule: • This schedule is a general outline of available time to be spent on the project. April thru June: S-10 working days onsite 5-7 working days offsite July thru October 3-5 working days onsite 7- 12 working days offsite The tentative date for our asphalt plant to open is April 2nd.The plant typically stays open through November.Work requirements will be accomplished by the Superintendent communicating with Tim Klein on a regular basis to schedule work to be done.The Superintendent will then set up the work by notifying the Project Manager of the schedule, allowing him to order materials if needed.The Superintendent will then set up the mobilization of the equipment and personnel needed to execute the work The Project Manager will track the work via the Daily Reports. He will also communicate the scope of work to the Contracts Administration person who will then invoice work done on a monthly basis. Our equipment meets all federal,state,and local regulations.We pride ourselves in • maintaining clean,up to date equipment in good working condition.We have an extensive preventative maintenance program which keeps all of our equipment up to standards. See attached Equipment list: The Superintendent will be in touch with Tim Klein on a regular basis and He can be reached by cell phone between the hours of 5:30 am-6:30 pm Monday-Friday.Messages can be left on his cell phone after hours.He will return after hour messages at the beginning of the next • work day.Messages left during work hours will be returned within 2 hours.if the Superintendent cannot be reached due to issues beyond our control,the Project Manager can be reached through the office and/or his cell phone. Poe Asphalt will analyze the work activity to be done and supply labor and equipment to complete the work in a safe manner with the least amount of impact on the public as possible. Poe Asphalt guarantees our workmanship and materials used to be in accordance with specifications.We will repair or replace any of our work that may prove to be defective in its workmanship for one(1)year from date of acceptance. The safety of our personnel and the public is our biggest concern.We intend to be very detailed in onr traffic control procedures.Precautionary measures are part of our daily operations to assure public safety i.e.:temporary ramps for access,uneven edges,etc. The Foreman will fill out the Daily Reports,turn them into the Superintendent for review/ approval,the Project Manager will receive daily reports from the Superintendent after approval and then organize the Daily Reports into weekly reports for delivery to the City of Spokane Valley. • See attached daily report: We appreciate the opportunity the City of Spokane Valley has given us in providing this proposal.Through the collaboration of our staff we were able.to challenge ourselves in our communications,work flow,safety,equipment utilization,and reporting.This proposal • includes new ideas on how we may better serve the City of Spokane Valley with higher quality,value,and on time delivery.We look forward to a positive partnership. If you have any questions regarding this proposal,please contact Brad Griffith 208 660-3092, Jody Todhunter 208 777-0498,Mike Johnson 208 660-1887,or Taj Anderson 208 660-1246. • • • • • • • • EQUIPMENT LIST page 1 UNIT# DESCRIPTION CONDITION GOOD 38 1993 KENWORTN T800 TRACTOR GOOD 224 1985 FORD F600 DUMP TRUCK GOOD . 225 2000 FORD F600 DUMP TRUCK EXCELLENT 22 1999 KENWORTH TB00 END DUMP EXCELLENT 29 1999 KENWORTH T800 END DUMP EXCELLENT 40 1999 KENWORTH T800 END DUMP EXCELLENT 56 1983 PETERBILT 357 END DUMP , GOOD 60 1998 KENWORTH T800 END DUMP GOOD 23 2007 PETERBILT 357 SUPER DUMP • EXCELLENT 24 2007 PETERBILT 357 SUPER DUMP EXCELLENT 25 2007 PETERBILT 357 SUPER DUMP EXCELLENT 27 2007 PETERBILT 357 SUPER DUMP EXCELLENT 28 2007 PETERBILT 357 SUPER DUMP EXCELLENT 251 2000 FORD L8000 WATER TRUCK 2000 GALLON EXCELLENT 257 1979 FORD L8000 WATER TRUCK 2000 GALLON GOOD 259 1998 KENWORTH T800 WATER TRUCK 4000 GALLON GOOD 284 1974 KENWORTH C500 WATER TRUCK GOOD 205 2004 FORD F550 TACK TRUCK EXCELLENT 273 1999 FORD F450 SERVICE TRUCK EXCELLENT 219 1997 FORD RANGER GOOD 221 2003 CHEVY C10 2000 FORD F250 EXCELLENT 230 2000 FORD F250 EXCELLENT 300 2007 FORD F150 EXCELLENT 303 2000 CHEVY C10 EXCELLENT 304 2006 CHEVY COLORADO EXCELLENT 308 2004 GMC 1500 EXCELLENT 202 2004 FORD F450 EXCELLENT 208 2006 FORD F450 EXCELLENT 247 2003 FORD F550 EXCELLENT 75 2007 TRAILKING LOWBED EXCELLENT 102 2001 WILLIAMSEN 4 AXLE PUP EXCELLENT 103 2001 WILLIAMSEN 4 AXLE PUP , EXCELLENT 187 1999 WILLIAMSEN 4 AXLE PUP EXCELLENT 188 1999 WILLIAMSEN 4 AXLE PUP EXCELLENT 189 1999 WILLIAMSEN 4 AXLE PUP EXCELLENT 197 1997 RUNWAY BELLY DUMP TRAILER GOOD 144 2003 OLYMPIC 3 AXLE TILT TRAILER EXCELLENT • 131 1998 TRAILMAX T12UT TRAILER GOOD 132 1998 TRAILMAX T12UT TRAILER GOOD 149 2006 TRAILMAX T12UT TRAILER EXCELLENT 67 1977 SAW TRAILER GOOD 70 2004 FOX UTILITY TRAILER EXCELLENT 127 FREUHAUF TACK TRAILER GOOD 461 1998 CAT CS563C GRADE ROLLER GOOD 406 2004 IR DD34HF ROLLER EXCELLENT 411 2004 DYNAPAC CC102 ROLLER EXCELLENT EQUIPMENT LIST page 2 • UNIT# DESCRIPTION CONDITION 418 2006 IR DD7OHF ROLLER EXCELLENT 416 2000 IRDD110HF ROLLER EXCELLENT 505 2005 BOMAG PAVER EXCELLENT 524 2000 BLAW KNOX PF5510 PAVER EXCELLENT 607 2002 CAT 972GII LOADER EXCELLENT 722 2005 JOHN DEERE 210LE SKIPLOADER EXCELLENT 718 1974 HUBER M750 GRADER GOOD 711 1998 CAT 160H GRADER GOOD 828 2006 BROCE BROOM EXCELLENT 926 1998 TACK TRAILER GOOD 946 MULTIQUIP SAW EXCELLENT 421 PLATE WACKERS GOOD • • POE ASPHALT PAVING, INC. CREW CARD DATE: JOB NO. WEATHER AM: NAME: P.M. % SHIFT: FOREMAN'S APPROVAL METER READING END START TODAY vai.# NAME EMPLOYEE NUMBER CDR TILE . LN RN511 CBE ' ST OT PHASE CODE CLASS CODE EQUIP. ItRS. L ITEM COMPLETE. JOB DIARY Lit All Retit d EoNlpmenC Testa Mikan' Impact=Ramexka• Ihu Subcontractors: 3 MATERIALS AC Pmlrnal INVIO ae AC Nal7Me tardjbuur A¢plD®dtse ea Conaulo CI MOD tor,tamp CBTC tanmr.te Sapper haul bads Pa:titrq ay CNyt ton/Imam C riJ Ian tonlIon ns Stain LF. We:a LE &war MAW:r, LF, T UtKUJC ;YPF SYWNElt BATCH: PAGE OF TOTAL HOURS: TOTAL PRODUCTION: CHECKED BY PG CREW CMD 3 Pt • • ATTACHMENT C - COST PROPOSAL Contractors Overhead and Profit ATTACHMENT C—PART 1 Item Description Overhead and Profit (%) I Contractors Fee for Overhead and Profit for Project Costs 22% 2 Contractors Fee for Overhead and Profit for Subcontractor Costs 8% • • • • • • • • • • • ATTACTIMvENT C - COST PROPOSAL Contractor's Payroll Cost • ATTACHMENT C—PART 2 Contractor to list all personnel expected to work within the City Personnel Classification and Description Hourly Rate Reg. O.T. , Superintendent — Primary City contact, organizes, schedules, and $52.00/$65.00 manages contractors work $38.00/$51.00 Foreman $37.00/$50.00 Operator $37.00/$50.00 Teamster $34.00/$46.00 Laborer • . I ATTACHMENT C - COST PROPOSAL Contractors Materials Costs - ATTACHMENT C— PART 4 • Item Description Unit Unit Cost 1 HMA Ton $43.00 2 CSBS Ton $6.00 • • • • ATTACHMENT C - COST PROPOSAL SUBCONTRACTOR LIST—ATTACHMENT C —PART 5 Contractor to list all subcontractors expected to work within the City WOODY'S ASPHALT SEALCOATING,INC. FRANK GURNEY, INC. MDM.CONSTRUCTION, INC. NORTHWEST FENCE NORTHWEST LANDSCAPE . CAMERON CONTRACTING, INC. ECLIPSE TRAFFIC CONTROL&FLAGGIN,INC. • • • Subcontractors — Contractor to provide a list of all subcontractors anticipated to be used for performing the described services. Contractor to list the overhead and profit on subcontractors in Item 2, Part I of Attachment C. • - ATTACHMENT - COST PROPOSAL Subcontractors Materials Costs - ATTACHMENT C — 'PART6 Item Description . Unit Unit Cost* 1 Quarry Spells Ton $14.00 2 Crack Sealant Pound $4-00 3 PCC Cubic Yard $92.00 4 Guardrail LB $12.80 5 6 'Chain link Fencing LF $12.00 6 8 `Chain link Fencing LB $14.25 1 7 Type A Drywell in Road Prism EA $62.0-00 8 Type B J7rywell In Road Prism EA $850.00 9 Type A Drywell In Swale BA $620.00 10 I Type B Drywell in Swale EA $850.00 ' • 11 Catchbasin Type 1 EA $490.00 k 12 Catchbasin Type 1 w1 Oil Water Separator EA $820M0 13 Pipe Sumps EA $145.00 14 ' 10" SDR-35 PVC Pipe LP $5.70 15 12" SDR-35 PVC Pipe 1_,F $8.20 16 12" CIP - LF - $14.03 17 - 12"R.CP L $20,00 18 Drain Rock ' Cubic Yard $10.83 19 Filter Fabric - Sq Yard i 50.84 20 Seeding, Mulching & Fertilizing -- - Sq Ft I 0-10 '21 Sod Sq Ft $0.40 4 Unit costs include overhead and profit for the subcontractor. ATTACHMENT C - COST PROPOSAL Contractor's Equipment Cost ATTACHMENT C - PART 3 Contractor to list all equipment expected to work within the City Equipment Description Hourly Rate #38 1993 KW 1800 Tractor $55.00 #224 1985 Ford F600 Dump Truck $40.00 #22 1999 KW T800 End Dump $55.00 #29 1999 KW T800 End Dump $55.00 #40 1999 KW T800 End Dump $55.00 #56 1993 Pete 357 End Dump $55.00 #60 1998 KW T800 End Dump $55.00 #23 2007 Pete 357 Super Dump $75.00 #24 2007 Pete 357 Super Dump $75.00 #25 2007 Pete 357 Super Dump $75.00 • #27 2007 Pete 357 Super Dump $75.00 #28 2007 Pete 357 Super Dump $75.00 . #257 1979 Ford L8000 Water Truck,2000 Gallon $40.00 #259 1988 KW T800 Water Truck,4000 Gallon $55.00 #284 1974 KW 0500 Water Truck $55.00 #205 2004 Ford F550 Tack Truck $40.00 #273 1999 Ford F450 Service Truck $35.00 #219 1997 Ford Ranger $10.00 ##221 2003 Chevy C10 $15.00 #230 2000 Ford P250 $15.00 #300.2007 Ford F150 $15.00 #303 2000 Chevy C10 $15.00 #304 2006 Chevy Colorado $10.00 #306 2004 GMC 1500 $15.00 #202 2004 Ford F450 $25.00 #208 2006 Ford F450 $25.00 #247 2003 Ford F550 $25.00 #75 2007 Trailking Lowbed $35.00 #IO2 2001 Williamsen 4 Axle Pup $20.00 #103 2001 Williamsen 4 Axle Pup $20.00 • Equipment Description Cont'd Hourly Rate #187 1999 Williamson 4 Axle Pup $20.00 #188 1999 Williamson 4 Axle Pup $20.00 #189 1999 Williamson 4 Axle Pup $20.00 #197 1997 Rway Belly Dump Trailer $20.00 . #144 2003 Olympic 3 Axle Tilt Trailer $25.00 #131 1998 Trailmax T12UT Trailer $15.00 4132 1998 Trail rnax T12UT Trailer $15.00 #149 2006TrailmaxT12UTTrailer $15.00 #67 1977 Shop Built Saw Trailer $15.00 `#70 2004 Fox Utility Trailer $15.00 #127 Freuhauf Tack Trailer $15.00 #461 1998 Cat CS563C Grade Roller $50.00 #406 200418 DD341-IF Roller $40.00 #411 2004 Dynapac CC IO2 Roller $40.00 #418 2006 IR DD70HF Roller $55.00 #416 2000 IR DD 110HF Roller • $70.00 #505 2005 Bomag $75.00 #524 2000 Blaw-Knox PF5510 $150.00 #607 2002 Cat 972G11 $75.00 #722 2005 John Deere 210LE $45.00 #718 1974 Huber M750 $45.00 #711 1998 Cat 1601 $80.00 • #828 2006•Broce Broom $50.00 #926 1998 Tack Trailer $15.00 #946 Multiquip Saw $25.00 #421 Plate Wackers $5.00 Broom -pick up AAA $150.00 • Backhoe 310- Rental $50.00 • Safe co POWER Deco Insurance C.ompan PO Box 345 OF ATTORNEY Stake.WA S8124-1526 • 323 No. KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation.does each hereby appoint s""' DELLA J.ALLEN;CHERYL A.ASHBY;JAMES M.HEWfTT;DON MCOUARY;PHIL STONEBRAKEI Its true and lawful attomey(s)-in-fad,with full authority to execute on its behalf fidelity and surely bands or undertakings and other documents of a anitar character issued in the course of ifs business,and to bind tho respective company thereby. • IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these pre vents 27th October 2005 - thSix day of • . ///4/162:7p • • • STEPHANIEDALEY-WATSQN.rECREtARY MIKE PETERS.PRESIDENT.SIiR]I • CERTIFICATE Extract from the Bylaws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: . 'Article V,Section 13.-FIDELITY AND SURETY BONDS.....the President.any Vice President,the Secretary,and any Askant Vice • President appointed for that purpose by the officer in charge of surety operzrt'wns,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bands and ether doarments of similar character iaued by the company in the course of its business...On any Instrument making or evidendng such appointment the signatures may be affixed by fie. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such Lestarment or undertaking. Extinct from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted Juty 2s,1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, . (i) The provisions of Article V.Section 13 of the By-Laws,and • (S) A copy of the power-of-ettamey appointment,executed pursuant thereto.and (i3) CerSfying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a f'icsvnile thereof? I,Stephanie Daley-Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA do hereby certify that the forego era tats of the Bylaws and of a Rc ofutla n of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are taus and correct,and that both the Byd..ies,the R=OttittOn and the Power of Attorney are Will in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this day of Feio v • • • k, • coma SEAL SEAL X `um, 195a ,, • 460fmsNite STEPHANIE DALEY-WATSON,SECRETARY Sa5ct0®and the Sate=logo are regIatored trademarks of Salsas Coipaaifon. WED POF 5-0974fDS 4N5 ' • SP4000,10€111114elyillil BOND NO: N/A BID DEPOSIT SURETY BOND FORM NAME OF PROJECT: Street and Stormwater Maintenance and Repair Services • PROJECI'BID NUMBER:07-008 NAME OF FIRM: We, Poe Asphalt Paving, inc. es Principal,and Safeco Insurance Company of America as Surety, are bald and firmly bound_ ° the CITY OF.SPOKANE VALLEY, a Washington State Municipality, in the penal sum of FIVE: PERCENT (5%) OF THE TOTAL AMOUNT BID, for the payment of which we jointly and severally bind ourselves,and our legal representatives and successors.. THE CONDITIONS OF THE OBLI ATION are that lithe City of Spokane Valley shall make timely award to the Principal aeCording to the -of the bid•documents;and the Principal shall,within ten(10) days after notice of the kwasd, exo ' • • of the day of notice, enter lotto the contract with the City of Spokane Valley and furnishes the . = • s bond (performance and payment bond) with Surety satisfactory to the City of Spokane V: = ' in an amount equal to one hundred percent.(100%) of the amount of the bid propoted including asbington State Sales Tax then this obligation shall be null and void;otherwise if the'Priacipal fails to ter into the contract and famish the contractor's bond within ten (10)days altar notice of the award,exc usive of the day of notice,the amount of the bid deposit shall be forfeited to the City;but in no event wil the Surety's liability exceed this bond's face amount. SIGNED AND SEALED THIS 28th DAY OF February YEAR 20 07 . • Safeco Insurance Company of America Poe Asphalt Paving, Inc. SURETY t r•AI, Signature v Si gnature Della J.Allen BRAD GRIFFITH Typed Name Typed Name Attorney In Fact V), P4 Title Tide (SEAL) • • • 1 idaers Packet Street and Stormwater Repair RFP ATTACHMENT E — SIGNATURE PAGE Date: MARCH 16. 2007 The undersigned bidder hereby proposes and agrees to deliver the equipment and/or services pursuant to the 2007 Street and Starrnwater Maintenance and Repair Services and all other terns and conditions of this Request for Bids within thirty days of full execution of such Agreement No bidder may withdraw his bid for a period of ninety (90)days after the clay of bid opening. The required bid security consisting of a certified check,bid bond, or cashier's check in an amount of not less than five percent(5%) of the total amount will be delivered to the City. The undersigned individual represents and warrants that he or she is duly authorized to execute the bid on behalf of any partnership,joint venture or corporation. POE ASPHALT P, TING INC. Corporatioaal l 1 Company (Delete Two) • Y ( ignatt (B• i GRIFFITH) . . (Title) 2732 N_ BECK ROAD PD.ST FALLS, IDAHO 83854 (Address) ( 208) 777-0498 (Telephone Number) • SAFECO' PAYMENT BOND BOND NO. 6341843 KNOW ALL BY THESE PRESENTS,That wc, Poe Asphalt Paving, Inc. (Here insert the name and address or legal title of Contractor) as Principal,hereinafter called Principal,and SAFECO INSURANCE COMPANY OF AMERICA,a Washington Corporation,as Surety,hereinafter called Surety,are held and firmly bound unto the City of Spokane Valley (Here insert the name and address or legal title of Owner) as Obligee,hereinafter called Owner,for the use and benefit of Claimants as herein defined,in the amount of one million,one hundred seventy five thousand,one hundred nineteen dollars and 00/100 Dollars(S 1,175,119.00 ), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,Principal has by written agreement dated April 30 2007 entered into a contract with Owner for Street and Stormwater Maintenance and Repair Services-Contract No.07-008 in accordance with the terms and conditions of said contract,which is hereby referred to and made a part hereof. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH That if the Principal shall promptly make payment to all Claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contact,then this obligation shall be void;otherwise shall remain in full force and effect,subject,however,to the following conditions: I.A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor,material,or both,used or reasonably required for use in the performance of the Contact. 2.The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such Claimants work or labor was done or peformed,or materials were furnished by such Claimant may sue on this bond for the use of such Claimant,prosecute the suit to final judgment for such sum or sums as may be justly due Claimant,and have execution thereon. 3,No suit or action shall be commenced hereunder by any Claimant. a)Unless Claimant,other than one having a direct Contract with the principal,shall have given notice to any two of the following:The Princpal, the Owner,or the Surety above named,within ninety(90)days after such Claimant did or performed the last of the work or labor,or furnished the Last of the materials for which said claim is made. b)After the expiration of one(I)Year following the date on which Principal ceased work on said Contract. if the provisions of this paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. c)Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project or any part thereof,is situated,or in the United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere. 4.The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Signed and sealed this 30th day of' April 2007 • Poe Asphalt Paving, Principal By <� SAFECO INSURA CE CO PANY OF AMERICA By tt ICIS Attorney-in-Fact S-4 1 74/SAEP VO7 . hie.. . . . SafeCO POWER Sateen Insurance Companies PO Box 34526 • OF ATTORNEY Seattle,wA 98124.1526 323 No. KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint • +-"•"." '• -"+"DELLA J.ALLEN;CHERYL A.ASHBY;JAMES M.HEWITT;DON MCQUARY;PHIL STONEBRAKER; a arkston,Washln9ton.sow+++s++-ar.r11•+4-iaI II rr..+aaa-r-141111-11.****44141-s++-1a•► +t++++111-r111+11++0.+1+++•1+e+1+w••+++a••M., its true and lawful attorney(s)-in-fact,with hill authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents . 27th October 2005 this day of • Ai:4,4.4AI■1.)<e)4414--"' . ' 1141/7( rw. . STEPHANIE DALEY-WATSQY.SECRETARY MIKE PETERS.PRESENT.SURETY CERTIFICATE Extract from the By-laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations.shall each have authority to appoint individuals as attorneys-in-fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and . • other documents of similar character issued by the company in the course of its business...On.any instrument making or evidencing such appointment, the signatures may be affixed by facsimite. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced: provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 25,1970. 'On any certificate executed by the Secretary or anastant secretary of the Company setting out, . (') The provision:,of Article V,Section 13 of the By-Laws.and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (w) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof.' I,Stephanie Daley-Watson .Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE • . COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-taws.the Resolution and the Power of Attorney are still in full force and effect . IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this -- v day of it't.. • °D-1. • • /6;''."- 4 4a• ).. . E COAO,,•. • i�L ' f SEAL it gooEtAEL ' Q ' Ar p,a STEPHANIE DALEY-WATSON,SECRETARY �t Safeco®:nd the Satcao logo:ue registered eadan irks of Sat000 Corporation. WEB PDF . 5.0974iDS 4A5 • -Ay ` IpU . SAF ECO' PERFORMANCE BOND Bond No. 6341843 KNOW ALL 13Y THESE PRESENTS,That we, Poe Asphalt Paving, Inc. (hereinafter called the Principal),as Principal, Safeco Insurance Company of America ,a corporation duly organized under the laws of the State of Washington (hereinafter called the Surety),as Surety,are held and firmly bound unto the City of Spokane Valley (hereinafter called the Obligee), in the sum one million,one hundred seventy five thousand,one hundred nineteen dollars and 00/100 (S 1,175,1 19.00 ) Dollars, for the payment of which sum well and truly to be made, we,the said Principal and the said Surety,bind ourselves,our heirs, executors,administrators,successors and assigns, jointly and severally, firmly by these presents. Signed and scaled this 30th day of April , 2007 WHEREAS,said Principal has entered into a written Contract with said Obligee. dated April 30,2007 for Street and Stormwater Maintenance and Repair Services Contract No.07-008 in accordance with the terms and conditions of said contract,which is hereby referred to and made a part hereof as if fully set forth herein_ NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,That if the above bounden Principal shall well and truly keep,do and perform each and every,all and singular,the matters and things in said contract set forth and specified to be by said Principal kept,done and performed,at the times and in the manner in said contract specified,or shall pay over,make good and reimburse to the above named Obligee,all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do,then this obligation shall be null and void;otherwise shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the_same be commenced within two(2)years following the date on which Principal ceased work on said Contract. . Poe Asphalt P .ying/nc. - 7 6 /' Principal By C./ Safeco Insurance trompany America By 'Sia.P.rc-.. J.,Q-L2ar-e-%_ Della J. Allen Attorney-in-Fact S-0757/G EEF 7196 . POWER seem insurance C+rrrtponSes OF A 70 f Y Po aax Sc W,e.. - , 53124.1525 • 3 Z3 •KNOW ALL BY THESE PRESENTS: . That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY CF AMERICA. each a Washington corporation,does each hereby appc irit Ali DELLA J.ALLEN;CHERYL A_ASHBY:JAMES M.HEWITT DON MCQUARY;PHIL STONEBRAKER; . a-... .. . a'...r-n Y-.1 .1 KFF1'1 N' 4*a•a1tfn4#t CI�rkSton. as�tin�[o n 11L5 True and lawful aUamcy;s}ir-1Ica,with f.dL girth City 10 execute on Is behalf fidelity and siety bonds or tmdertalcrxys and other documents of a sinrlar character issued in the course of its hue nes5.and to bind the respective company thereby_ IN WFI-NESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA and GENERAL. INSURANCE COMPANY OF AMERICA have each executed and attcoled these presents • • 27th October 2005 this _ — day of _ •L - ///447152"Pg-.- • ,firieciaaatiu-;%6116U740--'' • • • f O R CERTiFiCATE . .x1iact rmm the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of G EN L INSURANCE COMPANY OF AMERICA= -Article V,Section 13.-FIDELITY AND SURETY BONDS,..the Pr 1,any Vice President,the Secretary,and any Assistant Vice • President appointed for that purpose by the officer iri charge of surely operations,shall each have authority to appoint indnrrdu,als as attorneys-in-fact or under other appropriate titles with aulhoety to execute on behalf of the company Ridgy and surety bonds and _ . ' other documents of sirn tat character issued by the company in the coupe of Is business...On any oY.strtrment making or evidencing such appointment, the s;gnatures may be affixed by fa irnfe. On any dlstrumerd conferring sotto authority or on any bond or undertaking of the ocuripany, the seal. or a la ireile thereof. may be unptosed or affixed or in any other manner reproduced: prrwided,however.that the seal stiafl not be netc' 'wiry to the tumidity daily such instrument or U- derfaleing.' Eutr5.cI From a RCsoltltiori of the E43ni of 17irectols of SAFECO INSURANCE COMPANY OF AMERICA : and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 25, t9713_ j "On any certircate executed by the Secretary or an assistant secretary of the Company setting out. . C1 The provisions of Micte V.SecfiuA 13 al the By-Laws,and • (ii) A copy of the powereof-altrrrney appointment,executed pursuant thereto.and . (Iii) Certifying that said power-of-attorney appointment is in full he and effect. the segnature of the certifying officer nosy be by lacalinule,and the seat of the Company may be a facsimile thereof." I.Stephanie Donley-Wabson ,Secretary of SAFECO IN5ORAI+CCE COMPANY OF Am ERICA and of GENERAL CNSURANCE • • COMPANY OF AMERICA,do hereby certify That the tor'egong extracts of the By-Laws and of a Resolution of the Board of Directors of theme corporabon5.and of a Pourer of Attorney is5ued purwant Ihsrelo,raw true and a rrrCf and that both Ibu ay.iaws.the Rin,olulion • • and the Poway of Atlomoy are still in fu0 fora:and effect - . IN WFPIESS WHEREOF.I have hereunto set my hand and at�ixcd the facsimi It seal of said corporal ion -r this — s.› day on JL.. _ - �`�*'L • • l'-' - E • . � SEAL I (( SEAL ) `i .. • l;t 51"PHANIE DALEY-WATSON.SE ARY Sarxcae nn4 to S tom xxo are restRstid=ern-31s of Wein tarry m. S4974435 405 • • WEB POF • D • /\/\ ASPHALT PAVING INC. www.poeasphalt.com Contact Names of Personnel Mike Johnson — Superintendent (208) 660-1887 Brad Griffith — Vice President (208) 660-3092 Taj Anderson — Project Manager (208) 660-1246 CLARKSTON DIVISION GRA,NGEVILLE DIVISION POST FALLS DIVISION PULLMAN DIVISION P.O.BOX 449 Lewiston,ID 83501 Route 2,Box 862 Grangevillo,ID 83530 2732 N.Beck Road Post Falls,ID 83854 P.O.Box 784 Pullman,WA 99163 Ph:509.758.5561 Fax:509.758.1754 Ph:208.983.3472 Fax:208.983.3466 Ph:208.777.0498 Fax:208.777.0499 Ph:509.334.6400 Fax:509.334.6464 f c' .. .ACORD TM CERTIFICATE OF LIABILITY INSURANCE I 5/1/200'"' PRODUCER (509)758-5529 FAX: (509) 758-5311 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stonebraker-Mc¢ ry Agency ua A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE one y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 616 5th St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 9 Clarkston WA 99403 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:CNA-Transcontinental Ins 20486C Poe Asphalt Paving, Inc. INsURERa;CNA-American Casualty Co. 20427C PO Box 449 IN8114ERC;CNA-Transportation Ins Co 20494C INSURER 0:State Insurance Fund Lewiston ID 83501 INSURER E: 1 COVERAGE,$ THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATELIMITS SHOWN MAY HAVE BEEN REDJCED BY PAID CLAIMS. I R ADIYL. POLICY EXPIRATION LT R INSRD TPE OP INSURANCE POLICY NUMBER DATE(MMIDDJYY) DATE I MMIDDJYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 — X COMMERCIAL GENERAL LIABILITY DAMAGE IEe RENTED once) S 100,000 A _ I CLAIMS MADE © occuR 1078605171 11/1/2006 11/1/2007 MEDEXP(MV one personl s 5,000 X Stop Gap Liability PERSONAL a ADV INJURY S 1,000,000 -_- GENERAL AGGREGATE S 2,000,000 GEroL AGGREGATE LIMIT APPUES PER: PRODUCTS-COMP/OP AGG s 2,000,000 POLICY 1 JL 1 JEC 1 1 LOC AUTOMOBILE LIABILITY `COMBINED SINGLE LIMB X ANY AUTO IEnaociiont) S 1,000,000 i B ALL OWNED AUTOS 2025665448 11/1/2006 11/1/2007 BODILY INJURY _ SCHEDULED AUTOS (Per person) 5 X HIRED AUTOS BODILY INJURY S (Per acdOenI) X NON•MNEO AUTOS PROPERTY DAMAGE S (Per accident) GARAGE UABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY. AGG S EXCESS(UA1BRELLA LIABILITY EACH OCCURRI-NCF IS 4,000,000 71 OCCUR n CLAIMS MADE AGGREGATC $ 4,000,000 s C DEDUCTIBLE 2075567923 11/1/2006 11/1/2007 S X RETENTION 3 10,000 j C g 1 7 S D WORKERS COMPENSATION AND I't,OORI'Lm1(PS 1 I ER EMPLOYERS'LIABILITY ' ANY PROPRIETORJPARTNERIEXECUTIVE E.L.EACH ACCIDENT S 500,000 OFFICER/MEMBEREXCLUDED'? 578551 10/1/2006 10/1/2007 ee under , ,L,Dt$EA$R-EA EMPLOYEE 5 S00,000 If y09,d09Cr SPECIAL PROVISN?NS b0e,w E.L.DISEASE-POLICY LIMIT S 500,000 A OTHER Inland Marine 1078605171 11/1/2006 11/1/2007 Installation Floater 200,000 $500 Deductible DESCRIPTION OF OPERATIONS/LOCATORS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTrSPECIAL PROVISIONS The City of Spokane Valley is additional insured (except on work comp) as respects the Street & Stormwater Maintenance & Repair project. Insuranco is Primary and Non-Contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Spokane Valley EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 11707 E Sprague Ave Ste 106 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Spokane Valley, WA 99206 FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Delia Allen/DELLA illib. 0X99-• _ 7 ACORD 25(2001108) S ACORD CORPORATION 1988 INS025(D1oal,oe AMS IT) ,,, Wolters KArwor Financial Sonyttes Pogo 1012 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Street Sweeping Contract Renewal GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Street Sweeping Contract Approval on March 3, 2007, Contract Renewal on January 22, 2008, December 9, 2008 and December 8, 2009. BACKGROUND: The City conducted an RFP process in February 2007. In March 2007 the Council awarded the contract to AAA Sweeping by the following motion: NEW BUSINESS 2. Motion Consideration: Street Sweeping Request for Proposals—Jolul Hohuiian Engineer Holunan explained that this issue was previously presented to Council November 14 and February 20: and that staff now seeks approval of the contract to AAA Sweeping in an amount not to exceed $473.687. It was moved by Councilmember Denennti and seconded to award the contract to AAA Sweeping in an amount not to exceed 5473,687 and authori=e the City Manager to sign the contract and future seven-year renewal options as provided in the RFP documents.. Mayor Wilhite invited public comment: no comments were offered. Vote by Acclamation: In Favor: [hianimous. Opposed. None. Abstentions:None. Motion carried. The contract was for one year with seven one-year renewal options which may be exercised by the City. AAA Sweeping provided a very good level of service during 2007, 2008, 2009 and 2010. In 2010 the total approved contract amount was $490,199.94. The unit prices will increase at the current CPI-U of 1.2%. I recommend that we renew the contract for 2011. OPTIONS: Consider the contract for an amount not to exceed $490,199.94, or give staff further direction. RECOMMENDED ACTION OR MOTION: Move to approve the contract renewal to AAA Sweeping in the amount not to exceed $490,199.94 and authorize the City Manager to sign the contract. BUDGET/FINANCIAL IMPACTS: The contract will be funded by the 2011 approved budget. STAFF CONTACT: Neil Kersten ATTACHMENTS 2011 DRAFT contact renewal letter and attachment s1kiI - - ppipIIhh1e Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org December , 2010 AAA Sweeping, LLC P 0 Box 624 Veradale, WA 99037 Re: Implementation of 2011 option year,for Agreement for Street Sweeping Services, No. 07- 001, executed March 13, 2007 Dear Mr. Sargent: The City executed a contract for provision of Street Sweeping services on March 13, 2007. The Request for Proposal states that it was for one year, with 7 optional one year terms possible if the parties mutually agree to exercise the options each year. The City would like to exercise the 2011 option year of the Agreement. The Compensation as outlined in Exhibit A, 2011 Unit Cost Proposal, shall not exceed $490,199.94. This is the fourth of seven possible option years that can be exercised, and runs from January 1 through December 31, 2011. Exhibit"A" —2011 Cost Proposal All of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising this option year. Please sign below to acknowledge the receipt and concurrence to perform the 2011 option year. Please return two (2) copies to the City for execution. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY AAA Sweeping, LLC Name and title Name and title Date signed Date signed Exhibit A 2011 UNIT COST 2011 ITEM DESCRIPTION UNIT COST 1 Mechanical Sweeper $147.27 2 Kick/Angle Brooms $107.85 3 Regenerative Air Sweeper $147.27 4 Water Truck $109.46 5 Dump Truck/ End Truck $109.46 6 Loader $107.85 • • AGREEMENT FOR STREET SWEEPING SERVICES AAA Sweeping, LLC THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and AAA Sweeping, LLC hereinafter "Contractor,"jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: . Work to He Performed. The Contractor shall do all work and furnish all labor, tools, materials, supplies and equipment for the Request of Proposals for Street Sweeping Services Contract in accordance with, and as described in Exhibit I (RFP No. 07-001) and Exhibit 2 (AAA Sweeping - Street Sweeping Proposal), which are by this reference incorporated herein and made part hereof ("Contract Documents"), and shall perform any changes in the work in accord with the Contract Documents. The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto,assume and be responsible for the cost and expense of all work required for providing street sweeping services and related activities provided for in the Contract Documents,except those items mentioned therein to be furnished by the City of Spokane Valley. The City Manager,or designee,shall administer and be the primary contact for Contractor. Prior to commencement:of work, Contractor shall exercise best efforts to contact the City Manager or designee to review the scope of work, schedule, and time of completion. Upon notice from the City, Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under • this agreement. Unless otherwise directed by the City,all work shall be performed in conformance with the Contract Plans,Contract Documents,City and State standards. Contractor acknowledges review of the Contract Plans and Contract Documents and accepts the same. Contractor Shall exercise best efforts,including the selection of the highest quality materials,so that all work performed shall be in compliance with current related industry standards. 2. Term of Contract. This agreement shall be in full force and effect upon execution and shall remain in effect until December 31,2007. The City may terminate this agreement by ten(I 0)days' written notice to the other party. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to pay the Contractor on unit cost basis as set forth in the attached bid up to a maximum fee of$473,687.00 as full coNensatior everythin fu lied and done under this agreemen} 0,0c}.od • Olt 3/,3ill?4. Payment. The Contractor may elect to`tTep aid •in monthly installments,upon presenta ion of an invoice to the City,or in a lump sum,upon completion of the work. Applications for payment shall be sent to the City Clerk at the below-stated address. Agreement for Construction Services Page l of(5 03-21 The City reserves the right to withhold payment under this agreement which is determined, in the reasonable judgment of the City Manager,to be noncompliant with the Contract Plans,Contract Documents,or City or State standards. 5. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge,City Clerk Name: Brett Sargent Phone Number: (509)921-1000 Phone Number: 509-928-4663 Address: 11707 East Sprague Ave., Suite 106 Mobil: 509-922-1363 Spokane Valley, WA 99206 Address: P.O. Box 624 Veradale, WA 99037 6. Applicable Laws and Standards. The parties,in the performance of this agreement,agree to comply with all applicable Federal, State and local laws,and City ordinances and regulations. 7. Prevailing Wages on Public Works. Unless otherwise required by law,if this contract is for a"public work"which is defined as"work,construction,alteration,repair or improvement other than ordinary maintenance executed at the cost of the City,"the following provision applies: This agreement provides for the construction of a public work and a payment of prevailing wages according to Washington law. All workers, laborers or mechanics shall be paid a prevailing rate of wage that is set forth in an Exhibit to this agreement. Before any payment may be made to Contractor a "Statement of intent to Pay Prevailing Wages" must be submitted to the City. Following final acceptance of the public works project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid" before retained funds will be released to the Contractor. The affidavit must be certified by the industrial statistician of the Department of Labor and industries. 8. Relationship of the Parties. it is hereby understood,agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City,that the City is interested in only the results to be achieved,and that the right to control the particular manner,method and means of the work is solely within the discretion of the Contractor. Any and all employees who provide services to the City under this agreement shall he deemed employees of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all employees under this agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by the Contractor under this agreement are and shall be the property of the City,and may be subject. to disclosure pursuant to RCW 42.56 or other applicable public record laws. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in this contract:. Such representatives shall he permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. Agreement for Construction Services Page 2 of 5 11. Warranty. Unless provided otherwise in the Contract Plans or Contract Documents, Contractor warrants all work and materials performed or installed under this contract are free from defect or failure for a period of one year following final acceptance by the City,unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigmed to the City. In the event a defect or failure occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or expense to the City. 12. Contractor to Be Licensed And Bonded. The Contractor shall be duly licensed and bonded by the State of Washington at all times this agreement is in effect. 13. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance,or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: I. Automobile Liability insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)from CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on 1SO occurrence form CG 00 01 and shall cover liability arising from premises,operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury,and liability assumed under an insured contract.The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion,collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General L iability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 0 I and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less that $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 Agreement for Construction Services Page 3 of 5 • products-completed operations agvegate limit- C. Other insurance Provisions. The insurance policies are to contain,or be endorsed to - contain,the following provisions for Automobile Liability and Commercial General Liability insurance: • - The Contractor's insurance coverage shall he primary insurance as respect the • City- Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either part},except after th in+(30)days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.. • Best rating of not less than A:V11• E. Verification of Coverage, Contractor shall furnish the City with original Certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work, • 14, Indemnification and Hold Harmless. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney tees,arising out of or in connection with the performance of this agreement, except For injuries and damages caused by the sole negligence of the City- Should a court of competent jurisdiction determine that this Agreement is subject to R.CW 4-24-I 1 5, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence ofthe Contractor and the City, its officers,officials,employees, and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. it is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of inimtnnity under Industrial Insurance- Title 51 RCN, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions oFthis section shall survive the expiration or termination of the agreement 15. Waiver, No officer, employee, agent,or other individual acting on behalf-of either part},has the power, right,or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to he waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement,or by law,shall be taken and conslrucd as cumulative,and in addition to every other remedy provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of Ibis - agreement, or to require,at any time, performance by the other party ofany provision hereof; shall in no way be construed to he a waiver of such provisions, nor shall it affect the validity of this agreement, or any part thereof... 16. Assignment and Delegation. Neither party shall assign,transfer,or delegate any or all of the responsibilities of this agreement,or the benefits received hereunder,without first obtaining the written consent of the other party- 17. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. Agreement for Construction Service Page 4 of 5 • • 18. Arbitration. All disputes arising under this agreement shall be resolved through arbitration pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of Arbitration. 19. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties,and supercedes any prior oral or written agreements. This agreement may not be changed, modified, or altered, except in writing and signed by the parties hereto. 20. Anti-kickback. No officer or employee of the City,having the power or duty to perform an official act or action related to this agreement,shall have, or acquire, any interest in this agreement, or have solicited,accepted,or granted,a present or future gift,favor,service,or other thing of value from any person with an interest in this agreement. 21. Business Registration. Prior to commencement of work,Contractor shall register with the City as a business. 22. Severability. if any section,sentence,clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence, clause or phrase of this agreement. 23. Exhibits. Exhibits attached and incorporated into this agreement are: 1. Request for Proposals for Street Sweeping Services(R FP 07-001) 2.AAA Sweeping Street Sweeping Proposal dated February 6, 2007; 3. insurance Certificates. WI ESS WHEREOF, the parties have executed this agreement this/ of %°Y. , 2007. CITY OF SPOKANE VALLEY: CONTRACTOR: City Manager Owner Tax 1.D. No.: 1 r...?2e.442IC ATTEST- APPROVED AS TO FORM: ityClerkl eputy City Oerk ice of iZ e City Attoi�y Agreement for Construction Services Page 5 of5 CA0pU It 3 RFP PACKET -- Valle Street Sweeping Services PROPOSAL NO. 07-001 • • ATTACHMENT A-PART 1 GENERAL INFORMATION A. Legal Name of Applicant Company 4A4&d LA-C. B.Name of Contact Person &un uy,rt, • Title 01-0-/w-40'24r- Telephone Number including area code 50 q- 9g-g•- 36 . e-mail address • • C.Did outside individuals/agencies assist with preparation of this program? • YES ?l. NO If"Yes",please describe: • • • D.RECEIPT OF ADDENDA:Firm acknowledges receipt of the following addenda if any: • Addendum No. Addendum No. Addendum No. Addendum No. Dated Dated Dated Dated I certify that to the best of my knowledge the information contained in this RFQ for qualifications is accurate and complete and that I have the legal authority to commit this agency to a contractual agreement. I realize the final funding for any service is based upon funding . levels and the approval of the Spokane Valley City Council. • 1('„(,„ Ski t1 avt iM� 0Y Print Name Title ® a-6-0 7 Signature, • a :�"�or or Applicant Agency Date • • ATTACHMENT A—PART 2 ADMINISTRATIVE INFORMATION • A.FIRM: 1.Name of firm: Al) atajapoPti, 2.Business address including zip code: PO EO yY boa�� Vv tact e,— qco 3' 3. Telephone number including area code: SC�� `� a A 3(0 4.Fax number including•area code: jog - . 5.Federal Tax Identification Number: 9 I- 1 3' '2-6) 6. Washington State UBI Number if issued: 60 7. State Industrial Account Identification Number if issued: • 5o ) Q 0 8. Following is a listing of all engagements the company has undertaken in the last five years that have resulted in: (a)Arbitration or litigation and the disposition of the cases. (b) Claims being filed by the Federal Government or the Washington State - Departments of L &I,Employment Security or Revenue. • (c) Liens or claims recorded with the Spokane County Auditor by suppliers or subcontractors.List with whom,for what,and amount. B.INSURANCE COMPANY: 1.Name of Insurance Company ,4( y'de: N uy,ift.u./(9.4 t 2.Name of Insurance Agent: L' ho,y 1 ,ref S _._.. Spoka. , c��4 4. Telephone number including area code: 509-35 8. 3300 • • ATTACHMENT B - EVALUATION CRITERIA AND WEIGHTS 1 . FIRM EXPERIENCE WITH SIMILAR PROJECTS. AAA Sweeping , LLC has been in the contracting business for twenty-one years . The company has performed Parking Lot Maintenance, Street Sweeping , Vactor Service and Road Construction (Asphalt Planning) in both the public and private sector;:: The company has performed work in Washington, Idaho , Montana and Oregon. AAA Sweeping , LLC has performed sweeping services for the following municipalities : • City of Spokane Valley Tim Klein 509-921-1000 Sweeping Servics for 2006 City of Millwood Clev-e Mccoul 509-924-0960 Sweeping Services from 1985-2006 Spokane County 509-477-3600 Sweeping Services for one year State of Washington Red Reby 509-324-6000 Sweeping Services for one year State of Idaho Bob Ewing 207-772-1200 Sweeping Services for five years Bureau of Indian Affairs Colville Tribe Wayne Kensler 509-624-2551 Sweeping Services from 2001-2004 Sweeping services performed for the above municipalities ranged from one week to three months in duration , with contract amounts ranging - from $ 5 ,000 to $ 300,000. All services were completed within timelines and budgets of the entities . The key personnel and positions directly involved in this project would be the same personnel as our company had on the project in 2006. 2 . PROJECT UNDERSTANDING & WORK PLAN. The preliminary schedule for spring clean sweeping would begin in March , 2006 with two complete crews . We would concentrate on the principal , minor and colletor arterials initially and continue with residential roads per the City of Spokane Valley directions . The summer sweeping would begin. in June and again in August with arterial sweeping and the fall sweeping would begin in late September with arterials and residential areas per the City of Spokane Valley directions . All scheduling .would be finalized with city representatives prior to beginning work. The equipment to be used for this contract is listed below: 1 6 Yard Loader 3 Air Sweepers l 12 Yard Dump Truck 2 4000 Gallon Water Trucks 1 Kickbroom 3. . Mechanical Sweepers Our project foreman will meet daily with the City inspector to discuss scheduling or City concerns with the project . All work will be at or above industry standards and we do not foresee any problems out of the ordinary as proven in our contract work for 2006 . Recording keeping for sweeping will include tracking of road milage and hours of sweeping including steet names/to and from and lane miles of sweeping provided for each operator and equipment on a daily basis . Disposal tickets will be provided on a daily basis. This information will be submitted weekly or as required by the City . Billing will be monthly . 3 . COST PROPOSAL. The hourly rates for each of the equipment items is listed under Cost Per Unit (Hour) on Attachment C. For Special and Emergency Sweeping Services to be billed at hourly rates , the minimum number of hours to be billed will be a TWO HOUR MINIMUM. Regarding discounts for early payment or increasing the frequency of sweeping , we do not anticipate any discounts . We believe that our increased production will result in cost savings to the City of Spokane Valley . • • • ATTACHMENT C - COST PROPOSAL ITEM • COST QUANTITY COST PER UNIT ( IRS) 1 Mechanical Sweeper /3700 900 3 �tl o 2 Kick/angle Brooms 100 200 00 . vo �— � �ooDO - 3 Regenerative Air Sweeper I j7 0 1200 /(79, 00 2100 oo 4 Water Truck /W2-0- 1200 o0 l 0 000 5 Dump Truck/End Truck ,/0000 80 g 0000 i 6 Loader 100 oo 40 °° . Subtotal F1/39,-7Q9 Tax(8.6%) 87'f-2-‘2 � CR1�N17 TOTAI:,•-----. ....._____.._.__..__.._____ . ._--_-_._, _. __._�.. .._._........-.- -x/.77 YY.wo nu rvl awl en 0 0-ek3 I Tw 0 ues . • • • • ATTACIIMENT D'-BOND FORMS FORM OF BID DEPOSIT—CHECK ONE:Please submit this sheet with the bid deposit: CASH. Attach the deposit behind this sheet. )� SURETY BOND — Attach bid bond behind this sheet. IT IS STRONGLY RECOMMENDED THAT YOU USE THE ATTACHED FORM • • • • • • • • • • • FROM : FAX NO. : Feb. 02 2007 10:4641M P2 • • SiöI BOND NO: Valley N/A — Bid on BID DEPOSIT SURETY BOND FORM NAME OPPROJECT:Sheet Sweeping Services • PPOIPdrf NUNIDER:07-001 NAME AAA SWEEPING OF• VERADALE, WA• FIRM: Travelers Casualty and Surety We, AAA SWEEPING as Principal,and Comranv of America as Surety, are'hold and firmly bound unto the CITY OF SPOKANE VALLEY, a Washington State • • ' • • • Municipality, in the penal sum of FIVE PERCENT (5%) OF THE TOTAL AMOUNT BID, for the • • •payraemit of which we jointly and severally bind ourselves,and our legal representatives and successors. THE CONDITIONS OF THE OBLIGATION are that if the City of Spokane Valley shall make timely • award to the Principal according to the terms of the bid documents;and the Principal shall,within ten(10) days-aitdr.notice of the award, exclusive of the day of notice, enter into the contract with the City of • Spokane Valley and furnishes the contractor's bond (performance and payment bond) with Surety satisfactory to the,City of Spokane Valley in an amount equal to one hundred percent (100%) of the amount.of the bid proposed including Washington State Sales Tax then this obligation shall be null and void;otherwise if the Principal fails to enter into the contract and furnish the contractor's bond within ten • (10)days after notice of the award,exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the City;but in no event will the Surety's liability exceed this bond's face amounts SIGNED AND SEALED THIS 6th DAY OF February YEAR 20 07 Travelers Casualty and Surety • - ••-Compamytof. America AAA Sweeping • S • / PRIlNCIP • S Si• Kathy J. Gurley Brett R. Sargent • Typod Name Typed Name • Attorney—in—Fact M '.il,Lbt✓f Title Title (SEAL) • • • • { 1 4;::,,,:NG:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 VSTPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company t Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company ! 1 Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surely Company of America SL Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company i • L Attorney-In Fact No. 214713 Certificate No. 0 0 0300283 1 i KNOW ALL MEN BYTIIESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that SL Paul ' i Fire and Marine Insurance Company.St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and 7lavelers Casualty and Surety Company of America are j corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland.that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint • i Chris Larson,George C.Schroeder, Lois Stewart,W.W.Weller,Wm. Dinneen,H.Keith McNally,Kathy J.Gurley, and Dalee Moua i • I • of the City of Spokane ,State of Washington ,their true and Lawful Attorney{s)-in-Fact, each in their separate capacity if more than one is muned above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and f other writings obligatory in the nature thereof on behalf of the Companies in•theirtbusjness ofguamnteeing the fidelity of persons,•guaranteeing the performance of f contracts and executing or guaranteeing bonds and undertakings required or taAn anyUgons orr--p'iviceedings allowed by law. I 444_ P 22nd d WITNESS WHEREOF,the Com_00s have caused this ins u�n�to-bc a lned�nd e"tr area ate seals to be hereto affixed,this ry . . i Y r• ` t �•--Farmington Casualty Ca i3p .(� CIO) St.Paul Guardian Insurance Company • Fidelity and Guaranty an «ftpa t D I f�[it6 �� p �tc1o� St.Paul Mercury Insurance Company Fidelity and Guaranty Insured nderwrtters,Inc. htvelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company i. fe:-"r.j` TM , +a +'i1 /'e" ry ..�,ui` eP�`�ar Area \r //''.`.'�v�i °�`x�W°'� bs (5t 1rYAyy i t o Jl s a ss a i I . attwccidm i l 1927 4 '7 °4 o f -,)1 a I �4fc J f; I 4 . r(w , E + 1951 \ua +� 1 "ex e\-... - t '3 SHAL f 4 8 e. O . I `a 16_3�Q� s lY�`RG /nor E- y 1y �,crei ,.., +~t..1.0 Set 04 'tie F 04 %4*Alii f f#A4 St Ill e of Connecticut R I By: City of Hartford ss. 0 .re 6'Jalompson,Sera ter-nine t f i 1 22nd February 2006 I On this the day of ,before me personally appeared George W.Thompson,who acknowledged • himself to be the Senior roe President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Tasmanoe Underwriters, i Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surely Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being f authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 1 i 1 � � l In Witness Whereof,I hereunto set my hand at}d official seal. ►TA G tiA C . i My Commission expires the 30th day of June,2006. * R(18l\�+ * Marie C.'rttraault,Notary Public n • • 56440-9-05 Printed In U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 MG:THIS POWER OF ATTORNEY IS II4VAUD WITHOUT Tr. .cD BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Ca ualty and Surety Company,Travelers Casualty and Surety Company of America,and United Stites Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the • Company's seal bonds,recognizances,contracts of indemnity.and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate.ail or-'gny,.p•rt of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof•ia filed h J e of ee•S,f the Secretary;and it is FURTHERRESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall.bb.valid and•binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President;any•Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-In-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,. any1Asststant;Vice-President;any•Secretnry,•any-Assistant-Secretnry`ara#-the seal of-the Company may be affixed by facsimile to any power of attorney or to any I cextl icate•reiattng,theretri appointing:Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-its-Fact for purposes only of executing and attesting bonds 5rid ttiSdet<akings and other writings obligatory in the nature thereof,and any such power of attorney or cettif cafe bearing such facsimile signature or facsimile seal shall I bavalid and bidding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to tiny bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Coanpany,Fidelity and Guaranty Insurance Underwriters,Inc.,Seaboard Surety Company,St. Paul Fire and Marine Insuraneg Compan,4 St.Paul Guardian Insurance Company,St.Paul Mercury Insurance I Company,Travelers Casualty and Surety Company,Travelers Casualty and Suq�tiI t ftnpao ri l 1 d United•Statcs Fidelity and,Guaranty Company do hereby t certify that the above and foregoing is a true and correct copy of the Powe ttorrr- s;t.t .repanica.which is in full:force.and effect and has not been revoked. , ` _ Yp• m • IN TESTIMONY WHEREOF,I have hereunto set my hand an 't{ e l th o sgid }(pales this 6th day of Fc t IUr'l1'�? rD 0 '@{ Kori M,Johan Assistant Secretary pYy�"�ut_Vrtw"(� , �-'�3, .-aSr"C(Y ,rl 4 ?�.IXgU pj 2NGG. �7ro Any �Zr' r �O;•.:::rrti "• ."-•.,�Y � ,e' ,FJ ;�pnP0.�Cam, q4J aq 4p. Fie 1 �,, 6 `1977 G a 8510' 1927 t: 1 S AL I SEAL r 5 I '' S• VerdiX c fa ' • e.+; >�+ ,�� ? h7 ,¢E Ref • To verify the authenticity of this Power of Attorney,call 1-SOD-421-3880 or contact us at wwwstpaultravelersbond,com.Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. I r 1 i 1 � , 1 WARNING:THIS POWER OF ATTORNEY IS ItVVAUD WITHOUT THE RED BORDER • • Bidders Packet Street Sweeping RFP • ATTACHMENT E - SIGNATURE PAGE Date: 4Z6 r4i, b, 2.097 The undersigned bidder hereby proposes and agrees to deliver the equipment and/or services pursuant to the 2007 Street Sweeping Services and all other terms and conditions of this Request for Bids within thirty days of full-execution of such Agreement. No bidder may withdiaw his bid for a period of ninety(90)days after the day of bid opening. The required bid security consisting of a certified check,bid bond,or cashier's check in an amount of not less than five percent(5%)of the total amount will be delivered to the City. The undersigned individual represents and warrants that he or she is duly authorized to execute the bid on behalf of any partnership,joint venture or corporation. A- 11243144P/1- t..c.�C. GorporatioeillartnershiplIndividual Company • (Delete Two) • ( ignature) • (Title) NimeLd , q 9 o '3`? (Address) 5739-C- D. 3 (Telephone Number) - • • APPENDIX C-SUPPLEMENT AL TO WAGE RATES • • _ . . ".. • • • • • Washington State Department of Labor and Industries Policy Statement (Regarding the Production of"Standard" or "Non-standard" Items) Below is the department's (State L&I's) list of criteria to be used in determining whether a prefabricated item is "standard" or "non-standard". For items not appearing on WSDOT's predetermined list, these criteria shall be used by the Contractor (and the Contractor's subcontractors, agents to. subcontractors, suppliers, manufacturers, and fabricators) to determine coverage under RCW 39.12. The production, in the State of Washington, of non- standard items is covered by RCW 39.12, and•the production of standard items is not. The production of any item outside the State of Washington is not covered by RCW 39.12. 1. Is the item fabricated for a public works project? If not, it is not subject to RCW 39.12. If it is, go to question 2. 2. Is the item fabricated on the public works jobsite? If it is, the work is covered under RCW•39.12. If not, go to question 3. 3. Is the item fabricated in an assembly/fabrication plant set up for, and dedicated primarily to, the public works project? If it is, the work is covered by RCW 39.12. If not, .... go to question 4. ' 4. Does the item require any assembly, cutting, modification or other fabrication by the supplier? If not, the work is not covered by RCW 39.12. If yes, go to question 5. • 5. Is the prefabricated item intended for the public works project typically an inventory item which could reasonably be sold on the general market? if not, the work is covered by RCW 39.12: If yes, go to question 6. 6. Does the specific prefabricated item, generally defined as standard; have any unusual characteristics such as shape, type of material, strength requirements, finish, etc? 'If yes, the work is covered under RCW 39.12. • Any firm with questions regarding 'the policy, WSDOTs Predetermined List, or for determinations of covered and non-covered workers shall be directed to State L&I at (360) 902-5330. • • • • • • • • • • Supplemental To Wage Rates • Page 1 • • ATTACHMENT F-SCOPE OF WORK AAA Sweeping is located at 1616 S Adams, Spokane Valley, WA. This facility is used for administrative office, and store and service equipment. • The hourly rates presented in Attachment C take into 10-hour days and overtime, wages will be paid in accordance with L&I Prevailing Wage requirements and as specified in Appendix B of the RFP No. 07-001. Spring Cleanup Operations Spring cleanup will begin as soon as weather permit and be completed by June 1$'.Residential streets will be swept between the hours of 7 am and 10 pm. Arterials will be swept between 3 am and 7 am before traffic becomes heavy. Crews will work 10-hour days. There will be 3 crews available to conduct the spring cleanup operations. The spring cleanup will have the following crews available to the City: 1. Crew #1 will consist of a mechanical sweeper which will be followed by a regenerative air 2. Crew #2 will consist of a mechanical sweeper which will be followed by a regenerative air 3. Crew# 3 will consist of a kick broom. A water truck will be used prior to the mechanical sweeper to control dust as required in Section 4.5. Alter flushing the streets with the water truck, streets will be swept within 48 hours. A kickbroom may be used for shoulder roads at locations approved by the City. Prior to sweeping the roadway, sidewalks will be cleaned as needed. Street sweeping will precede the striping operations done by a separate contractor. The center lanes will be swept first and only on as needed basis or as directed by the City. Priority will be given to the centerline of principal arterials,then to minor arterials, and collector arterials. The City will provide us with the schedule of the striping crew. if the striping locations have . not been swept, we will move the sweeping operations to the next stripping location to ensure sweeping precedes the stripping operations. Summer Cleanup Qperations Summer cleanup will begin by June 15 or as directed by the City. The second summer cleanup will be begin by August 15 or as directed by the City. Unless directed otherwise by the City, summer cleanup will concentrate on the arterial streets. Arterials will be swept between 3 am and 7 am before traffic becomes heavy. There will be at least one street sweeping crew available to conduct the summer cleanup operations. Crews will work 10-hour days. • The summer cleanup crew will consist of a regenerative air sweeper. • • • When requested by the City, a water truck will be used prior to the regenerative air sweeper to control dust as required in Section 4.5. After flushing the streets with the water truck, streets will be swept within 48 hours. A kickbroom may be used for shoulder roads at locations approved by the City. Fall Cleanup Operations • Fall cleanup will begin when directed by the City. Unless directed otherwise by the City, fall cleanup operations will concentrated in the fall priority area shown in Figure 2. Arterials will be swept between 3 an and 7 am before traffic becomes heavy. Crews will work 10-hour days.There will be 3 crews available to conduct the fall cleanup operations. Each of the fall cleanup crews will consist of a regenerative air sweeper. When requested by the City, a water truck will be used prior to the regenerative air sweeper to control dust as required in Section 4.5. After flushing the streets with the water truck, streets will be swept within 48 hours. Street Sweeping Disposal.and Handling The spring and summer sweepings will be transported to Chester Landfill, located at 44th and Sands, Spokane Valley. This landfill does not accept pine needles or leaves. When pine needles or leaves are present, the sweepings will be taken to the transfer station located at Sullivan and Trent Avenue. The City will pay the tipping fees directly to the owner of disposal location. The storage stations will be used to store the sweepings when it would expedite sweeping operations, unless directed otherwise by the City. We will let the City Inspector know when we intend to use these locations. The sweepings will be stored on the gravel or paved surfaces at areas identified by the City. All sweepings will be removed by the end of the week. Sweepings will be coned off and covered when rain is expected. Communication • The designated foreman for this project will meet daily with the City Inspector or as required by the City to discuss scheduling or City concerns with the project. The foreman for this project is Dave Hulme and his cell phone number is (509) 999-6425. The foreman will have a cell phone at all times during sweeping operations. The foreman will report any and all equipment breakdowns and repairs to the City immediately. This information will also be documented in the dailies including but not limited to date., time of breakdowns, down time, breakdown location,and reason for breakdown. The foreman will contact the City Inspector at the end of the week to report production, problems, and scheduling. Our company will respond within two hours to any inquiry, telephone call or emergency situation originating from City staff. Equipment inventory The equipment that we will use for this contract is listed below: a EQUIPMENT FOR SWEEPING CONTRACT TYPE/DESCRIPTION OF EQUIPMENT MANUFACTURER/ MODEL YEAR MILEAGE MAIN OR BACKUP EQUIPMENT CONDITION • 6-yard Loader .J71- .— ZZo. Z o0 z G ,/d , i;t LAX c /7e 12-yard Dump Truck ire,,ic..r7,f / 993 4//4 4,7 .CXc /4-,74 Kick Broom /Qc,SC,:, /P8 VS / y 9 /1/4' . /H-s,r7 kr ("4---,-/- Air Sweeper#1 .Tye e-o F /v 60 e / /7 66"6 7 /04-. e.'c e.//P, 74- I Air Sweeper#2 77,1 co /-/t/r7 Soo 4:0// /y9� 2g6F , /d'1 ,-, ��- -e /4-,,f Air Sweeper#3 - 73/..r;,o / A2 A/ /1 .'N Mechanical Sweeper #1 .`pc/6,,, ,z e /k/.5-0 o( /WO / 99 7 /$.S22 ri ``, ., Z.:A-ct-//-ry Mechanical Sweeper #2 Sc.1,,z P .S"0 c Q /,/D / 997 2 o.S'S/ A� /v/ 4 , Lxc� /47 Mechanical Sweeper #3 • 4 f./�,� / , y ;/ 3s6 4es • 4' 4,, _ Z.re /4-7 c 4,000 Water Truck##1 crc,;:6 f 4.;,... / 9 93 4,000 Water Truck#2 iFet / C �•: MAR. 7, 2007 10:09AM WELLS FARGO INSURANCE SERVICES NO, 2328__P. 1/3 -` - DATE IMMJODNYI :CORD,„ CERTIFICATE f_)F LIABILITY INSURAI�; 03/07/07 ATION j■cER C 509.356-3800 CERTIFICATE IS ISSUED AS A RIGHTS UPON THE CERTIF CATE • W �IIs Fargo Insurance Services / CAL#0531007 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 601 W. Main Ave. Suite 1400 Spokane, WA 99201 _ INSURERS AFFORDING COVERAGE Y SUITED I LNOURBR A: Alaska National In9urance Co AIAA Sweeping LLC PIO. Box 624 INSURER e: INSURER C: _ v;eradale WA 99037 IrrvAER B: _ _•. 1 INSURER E, OVERAGES;' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,R POLICY NUMBER DATE(MM/DD/YYI DATE IPAMA�O/YYI u.YIRS -� TYPE OF INSURANCE J A GENERAL U EIUrr 06JLS30910 10/19/06 10/19/07 SAC3IOCCURRENCE a 1000000 COMMIiiCIA1 GENERAL uAAIUTY FIRE DAMAGE'Any ora tire, b 10000? CLAIMG MADE © OCCUR MED EXP IAny ono parronI s _- 10000_ PEONAL&ADM IWUAV Z 1000000 • X, WASTOPGAP ,. GENERAL AGGREGATE - ---t 2000009 GEML AGGREGATE LIMIT APPLIES PER: PGi000cTs-COMP/OP AGG s 2pp2}T00 I POLIO`(- X PEED.+ 71 LOC A AvTOMO01ii UnOILITV 06JAS30909 10/19/06 10/19/07 COMBINED SINGLE LIMB e Me 1900900 e 9CtIOVI0 1 •.• ANY AUTO ' ALL mimes)AUTOS BODILY INJURY I. (Pao ppreon) 0 SCHEDULED AUTOS --•— •----— X HIRED:AUTOS BODILY INJURY Mc:as:io rai G X Hors-O ED AUTOS . -• -. PROPERTY DAMAGE e Lea neeiCend • ' GARAGE uABIuTY AUTO ONLY•EA ACCIDENT e , •, l ANY AUTO OTHER TTIAN EA ACC 0 ^—y .. AUTO ONLY: AGO b % A EXCESS UASILXTY 06JLU3091 1 10/19/06 10/19/07 EACH OCCURRENCE s 10000090 I, X 1 OCCUk n CLAIMS MADG I AGGREGATo a 10000000 � $ OEDEDUCTIBLE I8 IE 1 I$ X POGP4tION : 10000 A WORKERS COMPENSATION AND 06JLS30910 10/19/06 10/19/07 WC SLIM FR EMPLOYERS)UABIUTY EACH ACCIDENT I FR E L EACH ACC101SIT b 10000G0 STOP GAP ONLY EL DISEASE-EA EMPLOYEE a 1000000 • I STATE OF WA E.L.DISEASE•POLICY LIMIT : t0nnnnn • OTHER DESCRIPTION OFiZIPERATIONS/LOCATIONSNCrHICLES(E:CLOL10Hs ADDED BY ENDORSEMLENTISPECIA.L PROVISIONS , AS RESPECTS STREET SWEEPING SERVICES REP NO 07-001 • PRIMARY ADDITIONAL INSURED STATUS TO THE CITY OF SPOKANE VALLEY AS GRANTED BY THE POLICY. FORMS ARE ATTACHED CERTIFICATE HOLDER I X 1 AODMONAI INSURED;INSURER LETTER; CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SPOKANE VALLEY DATE THEREOI', THE ISSUING INSURER WILL EMN1141 L`C MAIL 10 DAYS WRITTEN ■TTN: GLORIA MANTZ NOTICE YO/HE CERTIFICATE MOLDER NAMED TO THE LET.KV iKIJNEXT-1 iO l2rOl'tX 11707 EAST SPRAGUE #106 NM=)1tStotiliai c'X XrIci'wlc'X'XN2 'x-IIcl r+€I '£s4XK SU SPOKANE VALLEY WA 99206 XREIPX1XLICOM11= AUTHORIZED REPRE ,ATIVE ACORD 25-S;(7/97) 17-34 0 ACORD CORPORATION 1988 V2.R, 7, 20O?1'10: 09A1 ''r WELLS FARO INSURANCE SE:PV[C,ES NO, 2328 2/3 • BLANKET ADDITIONAL INSURED ENDORSEMENT • .„ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This ndorsernent modifies insurance provided under the follovrin ; COMMERCIAL GENERAL LIABILITY COVERAGE PART WHOP is AN INSURED (Section II) is emended to 2. ma insurance provided to the additional Insured include as are Insured any parson or organization doez not apply to"bodily injury, "property damage', (1areii'M referred to as are additional insured), but only [f or"personal end advertising injury arising out of an you are rec uirod to add that person or organization as architect's, engineers, or surveyor's rendering of or an irs;:ured to this policy by a written contract that is In failure to render any professional services effect prior to 'be 'bodily injure, 'property damage% or including: "personal and advertising injury% a. the preparing, approving. or faiilrng to prepare The ,9nsurence provided to the additional insured is or approve maps drawings,orders, design n or pow, Ilrrlit jd as follows: ificationn: and 1, ghat parson or organization is only an additional leisured for its vlcario1S liability for your acts or b. supervisory, inspection, or engineering ser- ornissions in the performance of'your work*. vices. • This endorsement changes the policy to which it is ached and is effective on Iha date Issued unless otherwise sta"ted. The irnforrriatlorr below is required only when this endorsement is issued subsequent to preparation ofithe policy. Eiodorsement Effective Polity No. Insured • r Countorsigned By - — -- - AN1C GL 703 07 01 Producer Copy 1 - MAR. 7. 2007 10: 10AM WELLS FARGO INSURANCE SERVICES NO, 2323 P. 3/3 Alaska 111 rDnal L T� _— ' I: _=.i.: INSURANCE C. , •PANY I. b: To sue us on this Coverage Part unless all of its When this Insurance is excess, we will have nn terms have been fully complied with. duty under Coverages A or B to defend the • insured against any "suit° if any other insurer • A person or organization may sue us to recover on has a duty to defend the insured against that an agreed settlement or on a final judgment against 'suit. If no other insurer defends, we will an insured; but we will not be liable for damages undertake to do so, but we will be entitled to the• that are not payable under the terms of this insured's rights against all those other insurers. Coverage Part or that are in excess of the • applicable limit of Insurance. An agreed settlement When this insurance Is excess over other means a settlement and release of liability signed Insurance, we will pay only our share of the . by us, the insured and the claimant or the amount of the loss, If any, that exceeds the sum claimant's legal representative. of 4. Other Insurance (1) The total amount that all such other If other valid and collectible insurance Is available to Insurance would pay for the loss in the the insured for a loss we cover under Coverages A absence of this insurance; and Or B of•this. Coverage,.Part, our obligations are (2) The total of all deductible and self-insured limited as follows: amounts under all that other Insurance. I' We will share the remaining loss, if any, with any • ..--- a. Primary Insurance 7 other insurance that is not described In this . ' his-insurarrccai' pr mary except when b, below Excess Insurance provision and was not bought applies. If this Insurance is primary, our specifically to apply in excess of the Limits of obligations are not affected unless any of the Insurance shown In the Declarations of this . other insurance is also primary. Then, we will Coverage Part. share with all that other insurance by the method described in c.below. c. Method Of Sharing ib. Excess Insurance If all of the other lnsurance•permits contribution This insurance is excess over. by equal shares, we will follow this method also. Under this approach each insurer contributes ' (1) Any of the other insurance, whether primary, equal amounts until It has paid its applicable excess, contingent or on any other basis: limit of insurance or none of the loss remains. I. (a) That is Fire, Extended Coverage, whichever comes first. Builder's Risk, Installation Risk or similar If any of the other insurance does not permit I. coverage for°your work`, contribution by equal shares, we will contribute (b) That is Fire insurance for premises rented by limits. Under this method, each Insurer's . to you or temporarily occupied by you share is based on the ratio of its applicable limit with permission of the owner, of insurance to the total applicable limits of (c) That is Insurance purchased by you to insurance of all insurers. cover your liability as a tenant for 5. Premium Audit ! "property damage" to premises rented to a. We will compute all premiums for this Coverage I you or temporarily occupied by you with Part in accordance with our rules and rates. -• permission of the owner, or b; Premium shown in this Coverage Part as • (d) If the loss arises out of the maintenance advance premium is a deposit premium only. At • or use of aircraft, "autos" or watercraft to • the dose of each audit period we will compute • • the extent not subject to Exclusion g. of the earned premium for that period and send • Section I — Coverage A — Bodily Injury notice to the first Named Insured. The due date And Property Damage liability. for audit and retrospective premiums is the date ' (2) Any other primary insurance available to you shown as the due date on the bill. If the sum of covering liability for damages arising out of the advance and audit premiums paid for the the premises or operations, or the products policy period is greater than the earned and completed operations, for which you premium, we will return the excess to the first have been added as an additional insured by Named insured. attachment of an endorsement. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. c, 0$ ,• "ro•ucer opy - - • CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Vactoring Services Contract Renewal GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Vactoring Services Contract Approval on June 27, 2006. BACKGROUND: The City conducted an RFB process in May to June 2006. In June 2006 the Council awarded the contract to AAA Sweeping by the following motion: NEW BUSINESS 5. Motion Consideration:Acceptance of Bid Award,Vactorinu Services—Neil Kersten It was moved by Councilmember Munson and seconded to approve the bid and award the contract for vactorirag services to AAA Sweeping. Public Works Director Kersten made a short presentation of the bids and award process, followed by Council discussion concerning the qualifications of the award winner, AAA Sweeping , how the money would be billed, and if all the drains would be cleaned in a proper time frame. Vote by Acclamation: In Favor: Unanimous. Opposed: None., Abstentions: None. Motion passed. The contract was for one year, with five one-year renewal options exercised at the City's discretion. To date, AAA Sweeping has provided an excellent level of service in each of four renewal years, 2007 through 2010. In 2010, the total approved contract amount was $199,000. The unit prices will increase by 1.2%, which is the total change in the CPI-U for the last twelve months. I recommend that we renew the contract for 2011. OPTIONS: Consider the contract for an amount not to exceed $200,000.00, or give staff further direction. RECOMMENDED ACTION OR MOTION: Move to approve the contract renewal to AAA Sweeping in the amount not to exceed $200,000 and authorize the City Manager to sign the contract. BUDGET/FINANCIAL IMPACTS: The contract will be funded by the 2011 approved budget. STAFF CONTACT: Neil Kersten ATTACHMENTS: 2011 DRAFT contact renewal letter. s1kiI - - ppipIIhh1e Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org December 2010 AAA Sweeping, LLC P 0 Box 624 Veradale, WA 99037 Re: Implementation of 2011 option year,for Agreement for Vactoring Services, No. 07-001, executed July 7, 2006. Dear Mr. Sargent: The City executed a contract for provision of Vactoring services on July 7, 2006. The Request for Proposal states that it was for one year, with five optional one-year terms possible if the parties mutually agree to exercise the options each year. The City would like to exercise the 2011 option year of the Agreement. The Compensation as outline in Exhibit A, 2010 Cost Proposal, shall not exceed $200,000.00. This is the fifth and last year of the contract. It will run from January 1 through December 31, 2011. Exhibit"A" —2011 Unit Costs All of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising this option year. Please sign below to acknowledge the receipt and concurrence to perform the 2011 option year. Please return two (2) copies to the City for execution. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY AAA Sweeping, LLC Name and title Name and title Date signed Date signed EXHIBIT A 2011 Unit Costs ITEM DESCRIPTION 2011 UNIT PRICE 1-A Vactoring Hourly $149.49 1-B Flagging/Traffic Control $43.90 1-C Waste Handling/Transporting $130.26 • AGREEMENT FOR VACTORiNG SERVICES AAA Sweeping,LLC THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and AAA Sweeping, LLC hereinafter "Contractor,"jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed. The CONTRACTOR shall do all work and furnish all labor,tools, materials,supplies and equipment for the Vactoring Services Contract(hereinafter"work")in accordance with, and as described in exhibit A.(City of Spokane Valley—Request for Bids for Vactoring Services Bid No.06- 010),which are by this reference incorporated herein and made part hereof("Contract Documents"),and shall perform any changes in the work in accord with the Contract Documents. The CONTRACTOR shall,for the amount set forth in the Contractor's bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for executing the contract obligations and completing the work and related activities provided for in Contract Documents, except those items mentioned therein to be furnished by the City of Spokane Valley. The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior to commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to review the scope of work, schedule, and time of completion. Upon notice from the City, Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this agreement. Unless otherwise directed by the City, all work shall be performed in conformance with industry standards,the Contract Documents,City and State standards. Contractor acknowledges review of the Contract Documents and accepts the same. Contractor shall exercise best efforts,including the selection of the highest quality materials,so that all work performed shall be in compliance with current related industry standards. 2. Term of Contract. This Agreement shall he in full force and effect upon execution and shall remain in effect until July 1st, 2007. The contract term may be extended with five (5) one-year renewal options which may be exercised by the contract manager. The City may terminate this Agreement by ten(10)days' written notice to the other party. in the event .of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to pay the Contractor on a time and material basis as set forth in the attached bid up to a maximum fee of S84,908.91 as full compensation for everything furnished and done under this Agreement. 4. Payment. The Contractor may elect to be paid in monthly installments,upon presentation of an invoice to the City,or in a lump sum,upon completion of the work. Applications for payment shall be sent to the City Clerk at the below-stated address. • Agreement for Construction Services Page 1 of 5 \'S C06—S1 The City reserves the right to withhold payment under this Agreement which is determined, in the reasonable juclginent of the City Manager,to be noncompliant with the Contract Plans,Contract Documents,or City or State standards. • 5. Notice. Notice shall be given in writing as follows: TQ THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: Brett Sargent Phone Number: (509)921-1000 Phone Number: 509-928-4663 Address: 1 1707 East.Sprague Ave., Suite 106 Address: P.O. Box 624 Spokane Valley, WA 99206 Veradale, WA 99037 6. Applicable Laws and Standards. The parties,in the performance of this Agreement,agree to comply with all applicable Federal, State and local laws,and City ordinances and regulations. 7. Prevailing Wages on Public Works. Unless otherwise required by law,ifthis contract is for a"public work"which is defined as"work,construction,alteration,repair or improvement other than ordinary maintenance executed at the cost of the City,"the following provision applies: This Agreement provides for the construction of a public work and a payment of prevailing wages according to Washington law. All workers, laborers or mechanics shall be paid a prevailing rate of wage that is set forth in an Exhibit to this Agreement. Before any payment may be made to Contractor a "Statement of intent to Pay Prevailing Wages" must be submitted to the City. Following final acceptance of the public works project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid" before retained funds will be released to the Contractor. The affidavit must be certified by the industrial statistician of the Department of Labor and Industries. 8. Relationship of the Parties. It is hereby understood,agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City,that the City is interested in only the results to be achieved,and that the right to control the particular manner,method and means of the work is solely within the discretion of the Contractor. Any and all employees who provide services to the City under this Agreement shall be deemed employees of the Contractor. The-Contractor shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. 9. Ownership of Docu ments. All drawings,plans,specifications,and other related documents prepared by the Contractor under this agreement are and shall be the property of the City,and may be subject to disclosure pursuant to RCW 42.17 or other applicable public record laws. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 11. Warranty. Unless provided otherwise in the Contract Plans or Contract Documents, Contractor warrants all work and materials performed or installed under this Contract are free from defect or failure for a period of one year following final acceptance by the City,unless a supplier or manufacturer has a Agreement for Construction Services Page 2 of 5 warranty for a greater period, which warranty shall be assigned to the City. In the event a defect or failure occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or expense to the City. 12. Contractor to Be Licensed And Bonded. The Contractor shall be duly licensed and bonded by the State of Washington at all times this Agreement is in effect. 13. Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance,or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: I. Automobile Liability insurance covering all owned, non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office(iSO)from CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations, independent contractors,products- completed operations,stop gap liability,personal injury and advertising injury,and liability assumed under an insured contract.The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion,collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers'Compensation coverage as required by the industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile.Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less that S 1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Agreement for Construction Services Page 3 of • Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance,self-insurance,or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party,except after thirty(30)days prior written notice by certified mail,return receipt requested, has been given to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 14. Indemnification and Hold Harmless. The Contractor shall defend,indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees,arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement in subject to RC\V 4.24.1 15,then,in the event of liability for damages arising out of bodily injury to persons of damages to property caused by or resulting from t:he concurrent negligence of the Contractor and the City,its officers,officials,employees and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance. Title 51, RCW. solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the Agreement. 15. Waiver. No officer,employee,agent,or other individual acting on behalf of either party,has the power,right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement,or by law,shall be taken and construed as cumulative,and in addition to every other remedy provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this Agreement,or to require,at any time,performance by the other party of any provision hereof;shall in no way be construed to be a waiver of such provisions, nor shall it affect the validity of this Agreement,or any part thereof. 16. Assignment and Delegation. Neither party shall assign,transfer,or delegate any or all of the responsibilities of this Agreement, or the benefits received hereunder, without first obtaining the written consent of the other party. 17. Jurisdiction and Venue. This Contract is entered into in Spokane County, Washington. Venue shall bent Spokane County, State of Washington. Agreement for Construction Services Page 4 of 5 . 18. Arbitration. All disputes arising under this Agreement shall be resolved through arbitration pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of Arbitration. 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the parties, and supercedes any prior oral or written agreements. This Agreement may not be changed,modified, or altered;except in writing and signed by the parties hereto. 20. Anti-kickback. No officer or employee of the City,having the power or duty to perform an official act or action related to this Agreement, shall have,or acquire,any interest in this Agreement,or have solicited,accepted, or granted,a present or future gift, favor,service,or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Prior to commencement of work,Contractor shall register with the City as a business. 22. Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this agreement are: A. Request for Bids for Vactoring No. 06-010 B. Insurance Certificates. C. AAA Sweeping, LLC Bid Proposal for Vactoring Services—Dated June 15, 2006 IN WITNESS WHEREOF,the parties have executed this Agreement this '\ day of 93t-4:3— 2006. CITY OF SPOKANE VALLEY: CONTRACTOR: City Manager Owner Tax I.D.No.: q6 `i3;� ATTEST: APPROVED AS TO FORM: City Clerk Office of the City Attorney Agreement for Construction Services Page 5 of 5 ; , • Bidders Packet Vectoring Services Request for Bids FORM A-EXPERIENCE Answer all questions and provide clear and comprehensive information. Name of Bidder: AAA Sweeping . LLC Registration No. UBI 602 4 Permanent main office address: 1 6 1 6 S . Adams •R. . Ve : . : - V . When organized: 19 8 S - Where incorporated: Washington • How many years have you been engaged in the contracting business under your present firm name? 21 *Contracts on hand. (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion), contact name and phone number. Contracts on hand for Road Constrnc.ti n , Var-rnr SPrvire and Parking Lot Service in both the public and private sector . *General character of work performed by your company: Road Construction — ASP k>`a l t Planing , Parking Lot Maintenance , Street Sweeping and Vactor Service *Have you ever failed to complete any work awarded to you? No *If so,where and why? Have you ever defaulted on a contract? No *If so,where and why? *List the more important projects recently completed by your company, stating approximate cost for each,the month and year completed, contact name and phone number. V a r for S e r v i r P — City of Millwood , Cit of New .ort and West Bonner Wa er & - _ - District — See R f r n _e — Work nn n; ,,g _ Spokane Rock Products . Park SPE, LLC . E1_ler Cnrporat;_n.n ACI and Scotts Excavatin — Work n_oin_ a . , . _sites and various owned or managed properties. *Experience of bidder in services similar to this project in work and importance: Provide service at : Cit. of Millwood Cit of Ritzville , Cit , of Pen.= ton , OR . , City ElVED FORM A-1 JUN 15 2OU CITY OF SAO}cmE vAIIEY C,ry Ci.ERK Bidders Packet Vectoring Services Request for Bids of Colville , City of Republic , City of Rathdrum, ID, West Bonner Water & Sewer District and Bonner County , ID , Liberty Lake Waxer & Sewer Will you, upon request; fill out a detailed financial statement and furnish any other information that may be required by the City? Y e s DESIGNATION OF SURETIES • The following are the names, addresses, and telephone numbers for all brokers and sureties from whom Bidder intends to procure insurance, i.e., describe your insurance coverage, including the name of your carrier. Company Name Address Tel.No. Contact Travelers Casualty (Surety) Acordia Northwest , Inc . (Agent) 358-3983 Chuck Curtis *Add separate sheets if necessary. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the City. Date: Jung 15, 2006 Bidder's Sign. Name: Brett R . Sargent Title Member FORM A-2 Bidders Packet Vactoring Services Request for Bids FORM B.- REFERENCES Please list three (3) companies, as references, of approximately the same size and characteristics of the services as described within this bid. 1. Company or Organization Name: City of Millwood Contact: Cleve Mccoul Phone # 924-0960 Address 9103 N . - • • • " . . • W'A 99206 Work Description& Year of Contract Clean sewer lines, lift stations and drywells 11 . 1 . . 2. Company or Organization Name: City of Newport Contact: Ken Austin Phone# 509-447-1204 Address 21 I W• ,. " , ! . , A 1 . • . id • Work Description& Year of Contract Clean sewer lines, dr. vwells 'and catch basins 2006 Service 3. CompanyorOrg3ni7ationName: West Bonner Water & Sewer & Bonner County Contact.: Karl Mrazek Phone 208-437-3833 Address 215 N . Washington Ave . , Old town , ID 83822 Work Description& Year of Contract Clean sewer lines and drywells 2003 through 2006 FORM B Bidder_Packet vactoring Services Request for Bids FORM C - CERTIFICATIONS, LICENSES & TRAIN:1NG Please list certifications, licenses, &training of staff that will be directly involved in this contract NAME CERTIFICATION TYPE, LICENSES OR EXPIRATION TRAINING DATE Robert Casper Confined Spaces , Vaccon School N/A Davi ti . ' 0 - 1 r ._ _ - V; c• , Schoo_ ► . ■ KEY STAFF Describe the experience and qualificatios of the following staff type: ST,1P1iR\LESORS Robert - Gasper DRIVERS/OPERATORS Robert Casper David Flulme • FORM C Bidders Packet Vactaring Scrvices Request for Bids FORM D - UIPME1\ 1 SCEEEDiTLE The Bidder is required to state what equipment is under the Contractor's control and available for dedication to the City of Spokane alley'vactoring services contract. The list should be up to date and enable the City to judge the Contractor's resources and capability to immediately commence work and perform the contract. A. signed attacl5ment can be used. The city reserves the rigbt to inspect the Contractor's facilities and the condition of their equipment. Evidence that the Contractor has adequate maintenance .facilities to maintain the-Contractor's equipment inventory, including the address of the facility, the type of maintenance work performed, a listing of any maintenance work contracted out and with whom. Docunoeniation for maintenance work that is contracted must include the name and address .of the contracted maintenance facility,the type of work contracted and the length of the contract. EQUEPAENT TYPE/DESCRIPTION MANUFACTURER/ YEAR MILEAGE CONDITION MAIM OR OF EQUIPMENT MODEL BACKUP UP EQUIPMENT TT • Double Excellent. Vac Rodder Comb . Vactor r_ac L ,BLAO s ' ' . . , Main Triple Vac/Rodder Corot . Vaccon. , . . _ Main Triple 11,11111111111Excellent Main - .. 1FDXH005VA07 3 . Main - • 1_ =NM • .• .• • • Fore - 1 • Bidders Packet Services Request for Bids FORM E - COST PROPOSAL SUBMIT THIS ENTIRE DOCUMENT, COMPLETELY FILLED OUT AND SIGNED The undersigned declares that he/she has carefully examined the specifications and provisions of Bid No. 06-010 and hereby agrees to provide said services to the City strictly in accordance with the specifications, terms and conditions of Bids and job walk for the services heretofore described. The undersigned hereby certifies that (he/they) (has/have) personally examined the specifications and provisions of Bid No. 06-010 and (has/have) read thoroughly and understands the bid documents, specifications, and contract governing the work embraced in this improvement and the method by which payment will be made for said work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with said bid documents, specifications, and contract and at the following schedule of rates and prices: NOTi.: Unit prices for all items, all extensions, and total bid amount of bid must be shown. All prices shall be in legible figures (not words) written in ink or typed. • FORM E - 1 1 I I ■ Bidders Packet - %%adoring Services Request for Bids COST ESTIMATE 1 BASE BID - VACTORING SERVICES Item# Description Unit Quantity - Unit Price Annual Price 1-A Vactoring Hourly Rate HR 325 143 . 00 46 , 475 .00 1-B Flagging/Traffic Control HR 75 Hourly Rate 38 .00 2 ,850 .00 C 1-C Waste HR 75 HandlingfTransporting 120 .00 9 ,000 . 00 Hourly Rate 1-D Materials* PRICE $2,000 I 1 2 2 ,400.00 * For materials, unit price is the markup over the actual material price) i.e. if markup is 20%, enter 1.2 in the unit price column, if 15% enter 1.15, etc. Base Bid Subtotal 60 , 725 . 00 Tax (8.6%) - 5, 'J22. 35 BASEf > >.�'• Yi +,3�ff3kT>f; iw-r> X f SSf f.> f.f k,, »} .£> }io v i 5 S E. Y vBID7CITAL a;{>� >3::..r>.. .',i.'` < 75t r.}xixrk 5>>»W F' V 3.22.r x,av yr a 2 ).f 2 . rvr ;>5. , -, ,>} a :ll 4:.> Mi.:.? Bidders Packet Vactoring Services Request for Bids PROJECT NUMBER. 06-010 PROJECT TITLE: V ACTORING SERVICES Each bid shall constitute an offer to the City of Spokane Valley as outlined herein and no bidder may withdraw his bid after the hour set for the bid closing except under the conditions explained in the information to Bidders Section. RECEIPT OF ADDENDA: The Bidder acknowledges receipt of the following addenda: Addendum No, Date Addendum No,._.1 Bid 06-010 June 6 . 2-00 • Addendum No . 2 Bid 06-010 June 8 , 2006 Addendum No . 3 Bid 06-010 I June 12 , 2006 SUBMITTAL: The "BID PACKET" Section constitutes the Bid Proposal when completed and submitted. Please submit the Bidder's Packet with the completed Bid Response Documents. The undersigned bidder hereby proposes and agrees to deliver the equipment and/or services pursuant to the 2006 Vactoring Services and all other terms and conditions of this Request for Bids within thirty days of full execution of such Agreement. The undersigned individual represents and warrants that he or she is duly authorized to execute the bid on behalf of any partnership,joint venture or corporation. Member . X)X jq `R glAip/Individual L•LC Title (Delete Two) • Brett R . Sargent Name ofBidder(PRINT) Sign. r- • »idder • • FORM J-7 Bidders Packet Vectoring Services Request for Bids FORM F- BONY) FORMS FORM OF BID DEPOSIT—CHECK ONE: Please submit this sheet with the bid deposit: • CASH. Attach the deposit behind this sheet. X SURETY BOND — Attach bid bond behind this sheet. IT IS STRONGLY RECOMMT1NDED THAT YOU USE THE ATTACHED FORM • Form F-1 4U11. Uo cto a1. )-Irn'i r r . Bidders Packet Vectoring Services Request for Bids • • Spokane BOND NO: N/A - Bid Bond Valley BID DEPOSIT SURETY BOND FORM NAME OF PROJECT:Vactoring Services PROJECT/BID NUMBER: 06-010 NAME OF FIRM: AAA SWEEPING Travelers Casualty and Surety We, AAA SWEEPING as Principal, and Company of America. as Surety, are held and firmly bound unto the CITY OF SPOKANE VALLEY, a Washington State Municipality,.in the penal sum of FIVE PERCENT(5%) OF THE TOTAL AMOUNT BID, for the payment of which we jointly and severally bind ourselves,and our legal representatives and successors. THE CONDITIONS OF THE OBLIGATION are that if the City of Spokane Valley shall make timely award to the Principal according to the terms of the bid documents; and the Principal shall, within ten (10) days after notice of the award, exclusive of the day of notice, enter into the contract with the City of Spokane Valley "and furnishes the contractor's bond (performance and payment bond) with Surety satisfactory to the City of Spokane Valley in an amount equal to one hundred percent (100%) of the amount of the bid proposed including Washington State Sales Tax then this • obligation shall be null and void; otherwise if the Principal fails to enter into the contract and furnish the contractor's bond within ten (10) days after notice of the award, exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the City; but in no event will the Surety's liability exceed this bond's face amount. { SIGNED AND SEALED THIS 7th DAY OF June YEAR 20 06 Travelers Casualty and Surety Company of America AAA Sweeping S ' PRINCIPAL Signature Signature Kathy J. Gurley Brett R . Sargent Typed Name Typed Name Attorney-in-Fact Member Title Title • (SJxAL) - 4 Form F-2 i -i 11. , J Jf. 11.1. 2006 7: 58AM SEAB[JRY SMITH MARSH NO, 7872 P. 1 ®sICOROn, CERTIFICAl iF LIABILITY INSURAL. c DATE 06 07/10/ Y1 �• ER 609-358.3800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION• Acordia Northwest, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. • 601 West Main: Street, #1400 Spokane, WA 99201 INSURERS AFFORDING COVERAGE TNSUXED INSURER A: Alaske National Insurance Co AAA Sweeping:LLC P,O, Box 624 ; rrSll;tao: Veradale WA 99037 - INSUZxR C: I INSVAtR o: • • , 1 INSURER F_• COVERfkGES I , THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD LNDICATFV, NOIWITHSTA,NDING ANY EQUIREMENT. TERM OR(CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR • MAY(OBTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICI S.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSA POUCY I:FRICTIVE POLICY EXPIRATION TT PE OP INSURANCE POLICY NW 0ER • •,.•r ti.AA - I. ••, MUTE: LIADOITV 05JLS30910 10179105 10/19/06 EACH oeevaRENCE e _ 106 DoO E COMME+CIALCIEt\ETAAL LIAHII.rry RAE DAMAGE LA.iy ane fire) f 100000 ■n CLAIMG MADE Q OCCUR MED EXP(Amy o 7 Pcr onl 5000 ?EASONAL G ADV INJURY c 1000000 WASTOFPGAP eENEFALAGGRF,GATE C 20d0000 L AGGRZ GATE timer APPLIES�EF: �ROOVCTS-COMP/OP ACO I 2000000 POLICY'© jFa I OC A a •MOEILF UAQIUIY 05JAS30909 10/19/05 10/19(06 COr1.3INEO SINULE LIMIT n , ANY nVTO IEs accident) 1000000 AU.OWNED AUTOS EObn.Y IN-WRY ' SCHEDULED AUTOS (Per par tor.) © rimers AUTO! BODILY INJURY u in rIO••-OWNED AUTOS (Per me 1enU PR:T".RTY DAMAGE 0 ' Per nteklcmti 'OA"'OE LIABILITY AUTO ONLY•EA ACCIDE.NT I e ANY ALrTO I OTN EA ACC THAN t i i • AUTO ONLY: AGO A 'EXC-SS u,oe u rY I 05JLU30911 10/19/05 10/19/06 I EACH occuna:NCE c 10000000 )( OCCU4. 0 CLAIMS+MOE I A03 E•SATE 3 I0000000_ DEJVC i0LE E , • • •X ;RETEKVON 9 20000 p :WEN KERB COMPENSATION AND _1 L 6C�T AU 4H • • CMI'.OYERE'LIABILITY • E.L EACH ACCIDENT I • E.L,DISEASE•EA EMPLOYEE • • _ EL DISEASE-POLICY LIMIT ! • • II I OESCRIPTI f OF OPERATIONSF LOCATIOKONtHICLEVEYCLUSIONS ADDED BY voreesEntavit5➢ECIAL PROVISION& , • ( AS RESPECTS VACTOR SERVICE • I ADDITIONAL INSURED STATUS TO THE CITY OF SPOKANE VALLEY fAS GRANTED SY THE POLICY. FORM ATTACHED i ' CERTIFICATE HOLDER I X )ADDITIONAL INSURED; INSUAEF LETTER: CANCELLATION • CITY OF SPOKANE VALLEY GHOUL°ANY or The ABOVE OESCRSDED POUCIEG BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUII10 INSURER WILL X t MAIL 30 DAYS MIArITEN ATTN CAROLYN GEORGE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LPrT,)Q) 17(OGXXX000IXSAIMIXXX • 11707 EAST SPRAGUE #106 ! X•• •.X, •//XXX/XXIAMODOE X I.ail-•- ,ems - MAX SPOKANE VALLEY WA 99206 aox •. ,,,;: { 4 4 `� 1 I AUTO°• ...• 7J ai'frl'.1y/.1 :•ACORD 5.917/97) I 17-31 „A 0• ID CORPORATION 1988 I • in. 11. 200 7:58AMa r J Y SMITH MARSH •; NO. 7872 P. 2 • I,- �)-iI INSURANCE C'\_ . PANY BLANKET ADDITIONAL INSURED ENDORSEMENT • • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • This endorsement?modes insurance provided under the following: • • I COMMERCIAL GENERAL LIABILITY COVERAGE PART • • • I , WHO IS AN INSURED (Section II) is amended to 2. The insurance provided to the additional insured { include as an insured any person or organization does not apply to'bodily Injury', "property damage", • 1 (herein referred to as an additional insured), but only if or"personal and advertising injury'arising out of an you are required to add that person or organization as architect's, engineer's, or surveyor's rendering of or an insured to this;policy by a written contract that is in failure to render any professional services effect prior to the "bodily injury', "property damage". or including: "personal and advertising injury. a. the preparing, approving, or failing to prepare The insurance provided to the additional insured is or approve maps, drawings, opinions, reports, • limited as follows: surveys. change orders, design or spec- ! 1. That person or organization is only an additional rFc.ations; and • • insured for its vicarious liability for your acts or b. supervisory, inspection, or engineering ser- • 1 omissions in the performance of your work". vices. • • • • l • • • • • • • • • • This endorsement:changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The inforrr;atlon below is required only when this endorsement is Issued subsequent to preparation of the policy, • Endorsement Effective Policy No. • � • Insured •• Countersigned By • ANIC GL 703 07 0 Producer Copy 11,1 11. 2006/ 7 : 69AMED AN SWJ RY SMITH MARSH NO. 78?2 F. 3 INSURANCE C, PANT t 1 • ✓ .� • BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement;modif!es Insurance provided under the following: •• • COMMERCIAL;GENERAL LIABILITY COVERAGE PART • We waive any right of recovery we may have against The waiver applies only to the person or organization • any person or organization because of payments we you contracted with and then only if the contract make for injury oridamege arising out of "your work" requires you to obtain this agreement from us. • done under a written contract with that person or • • ' organization. • • • • • • •' I , • • • • • • • • • • This endorsement cchanges the policy to which it is attached and is effective on the date Issued unless otherwise stated. The information below Is required only when this endorsement Is Issued subsequent to pre P aratibn of the policy. • • • • Endorsement Effective Policy No. • Insured • Endorsement No. 5 Countersigned By • I i • • ANIC GL 702 05 95 Producer Copy • CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Amendment to Jail Interlocal Agreement GOVERNING LEGISLATION: C006-058 Jail Services PREVIOUS COUNCIL ACTION TAKEN: Interlocal Agreement for Geiger adopted by Council on November 14, 2006 and executed on November 29, 2006 (retroactive to January 1, 2005). Interlocal Agreement for Jail adopted by Council on July 25, 2006 and executed on July 31, 2006 (retroactive to January 1, 2005). BACKGROUND: The City of Spokane Valley has contracted with Spokane County for detention services since the City's inception. The City has utilized two interlocal agreements for two separate detention facilities, Geiger and the Spokane County Jail. Beginning January 1, 2010, Spokane County combined the Jail and Geiger operations into one budgetary department, Detention Services, under control of the Spokane County Sheriff's Office. The Sheriff's Office created a single billing rate for both facilities and implemented a new billing methodology, not realizing that this methodology conflicted with existing agreements. Due to this conflict, the City has been paying the rates from the previous year, as directed in the contracts, until the County could comply with the existing contracts or a new contract could be implemented. City staff has been negotiating with County staff to develop a new contract for detention services. In the meantime, staff recommends that the current agreements be amended to allow the City to pay according to the County's proposed methodology to make the County whole before the end of the year. The proposed methodology establishes estimated rates based upon the current year's budget of $120.95/day for confinement and $84.40/day for work crew. The rates will be applied to the actual number of program days used each month by the City. A settle-and-adjust reconciliation will still occur after the year is complete to adjust to actual costs. Staff has determined that this methodology is reasonable and accurate. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to execute the amendment to the Interlocal Agreement for Jail Services in the City Of Spokane Valley BUDGET/FINANCIAL IMPACTS: Combined 2010 Jail/Geiger Budget is $900,000. Projected costs with proposed rates is $966,567. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS 1. Proposed Interlocal Agreement Amendment 2. Original Inter local Agreement OFFICE OF THE CITY ATTORNEY Spokane CARY P. DRISKELL-ACTING CITY ATTORNEY 4000 Valle 11707 East Sprague Avenue Suite 103 • Spokane Valley WA 99206 509.688.0235 • Fax: 509.688.0299 • cityattorney@spokanevalley.org AMENDMENT TO SPOKANE COUNTY/SPOKANE VALLEY\SPOKANE COUNTY SHERIFF INTERLOCAL AGREEMENT FOR JAIL SERVICES Re: Amendment to the Interlocal Agreement for Jail Services in Spokane Valley, executed August 12, 2006 Spokane County (County), the Spokane County Sheriff(Sheriff), and the City of Spokane Valley (City) would like to execute an Amendment to the Interlocal Agreement for Jail Services (the Agreement), Spokane County Resolution 06-0674, executed by the parties on August 12, 2006, concerning an agreed cost methodology for the year 2010. This amendment implements a new cost methodology. This amendment shall be in effect upon signing by the last party hereto. This amendment will change the methodology for calculating the cost for jail services to City for the year 2010 only. Upon execution, this letter will serve to amend Section 5 of the Agreement by inserting at the end of the section, as the last paragraph, the following: The SHERIFF 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. The 2010 rates, based upon 2010 budgeted costs, will be $120.95 per day for Confinement and $84.40 per day for Work Crew. There will be no separate charge for booking. These rates will be applied to the actual number of CITY Confinement and Work Crew days for each month. At the end of the calendar year, the SHERIFF will recalculate the rates based upon actual expenditures and apply those new rates to the CITY's actual Confinement and Work Crew days according to the process described herein. All other provisions of the Agreement are unchanged by this amendment. IN WITNESS WHEREOF, the parties have executed this amendment to the Agreement on the date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON MARK RICHARD, Chair ATTEST: Clerk of the Board BONNIE MAGER, Vice-Chair Daniela Erickson TODD MIELKE, Commissioner DATED: SPOKANE COUNTY SHERIFF OZZIE D. KNEZOVICH, Sheriff DATED: CITY OF SPOKANE VALLEY ATTEST: MIKE JACKSON, City Manager Christine Bainbridge, City Clerk APPROVED AS TO FORM ONLY: Office of the City Attorney • Return to: Daniela Erickson, Clerk of the Board Board of County Commissioners 1116 W. Broadway Spokane,Washington 99260 JNTERLOCAL AGREEMENT FOR JAIL SERVICES IN THE CITY OF SPOKANE VALLEY (January 1,2005—December 31,2005) 6 06?4 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," and the Spokane County Sheriff, having offices for the transaction of business at 1 100 West Mallon Avenue, Spokane, Washington 99260, hereinafter referred to as the "SHERIFF,"jointly hereinafter referred to as the "PARTIES." The COUNTY, SHERIFF 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) Pursuant to the provisions of chapter 70.48 RCW, Spokane County has constructed a facility for holding and detaining individuals arrested, charged or serving terms for the commission of certain criminal offenses,said facility is located at 1 100 \Vest Mallon Avenue, Spokane, Washington. (d) Pursuant to the provisions of RCW 70.48.090, contracts may be entered into between counties and cities for Jail services. (e) The City of Spokane Valley desires to utilize the services of Spokane County and Spokane County Sheriff for the purpose of housing its prisoners. Page 1 of 15 1 ( C06-58 SECTION NO.2: DEFINITIONS (a) Agreement: "Agreement" means this interlocal Agreement between the CITY and COUNTY regarding Jail Services. (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 (I) 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. (c) Services: "Services"means those services identified in Exhibit 1. (I) Compensation: "Compensation" means that methodology set forth in Exhibit 2 used to establish the amount of money which the CITY will pay the COUNTY for providing Services. (g) Capital Improvement: "Capital Improvement" shall mean any expenditure in excess of $1999.99 or such higher figure as set by the COUNTY as the capitalization threshold during the term of the Agreement. The COUNTY shall give the CITY advance notice of any increase in the capitalization threshold. The PARTIES agree to meet and discuss the impacts of any change in the capitalization threshold which will cause an increase of costs to the CITY in excess of $50,000.00. 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) City Prisoner: "City Prisoner" means a person booked into the Jail when a CITY charge is the principal basis for booking the person as set forth in Exhibit 2 of this Agreement. (j) Jail: "Jail" means that facility located at 1 100 West Mallon Avenue, Spokane Washington and the adult detention building and the third floor of the County-City Public Safety Building located at 1 I 00 West Mallon Avenue, Spokane Washington. (k) Booking: "Booking" means the completion of the process of entering all associated information into the Jail Management System in the creation of a Jail stay. (1) Report: "Report" means the JMS (Jail Management System) which is a component of the CA.DIRMS/JMS law enforcement system (Computer Aided Dispatch/Records Management System/Jail Management System). Page 2 of 15 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 and SHERIFF will provide Services on behalf of the CiTY. It is the intent of the PARTIES that Services to be provided by the COUNTY and SHERIFF will be consistent with the CITY'S Council/Manager form of government provided for in chapter 35A.13 ROW. SECTION NO.4: DURATION/WITHDRAWAL This Agreement shall commence on January I, 2005, and run through December 31,2005, unless one of the PARTIES provides notice of termination pursuant to Section 14 of this Agreement. At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year thereafter effective January l to December 31m- All renewals shall be subject to all terms and conditions set forth herein except for Exhibit 2. The PARTIES recognize it highly unlikely that Exhibit 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 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 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 2, attached hereto and incorporated herein by reference. The COUNTY uses an outside independent cost allocation plan preparer (the "plan preparer") in development of daily housing rates and booking fee cost calculations for the Jail. The COUNTY will make available to the CITY upon request all information which it provides to or receives from its plan preparer. The plan preparer established 2005 daily housing rates and booking fee costs based on 2003 actual Jail costs presented to the CITY in July of 2004. Using this methodology,the rates for the 2005 calendar year will be: Booking. . . $95.04 Detention. . $2.76 per hour For 2005, the SHERIFF will bill the CITY for the cost of Services monthly, by the 15"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 Page 3 of 15 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 PART]ES agree that the CI l'Y 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 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 No. 17. The selection of arbitrators as provided for in Section No. 17 shalt commence within thirty (30) calendar days of the. running of the thirty (30) calendar day time frame. Both PARTIES are Foreclosed from challenging any 2005 errors in billings if the matter is not drawn in writing to the other PARTIES attention within thirty (30) calendar days of the last invoice of the calendar year. Errors raised within this time frame that are not mutually resolved shall be subject to the Dispute Resolution provisions set forth in Section No. 17. Any resolution ofa disputed amount for 2005 through use of the arbitration process identified in Section I7 shall include, at the request of either Party, a determination of whether interest is appropriate, including the amount. • Although the CITY has the right to dispute 2005 monthly billings as provided fur herein, there is no reconciliation for 2005 booking and detention fees. For 2006 and all subsequent years this Agrreement is in effect, the plan prepaier will establish annual rates for booking and detention based on the following methodo]oey- The plan preparer will take the -`target budget" for the .fail- For the purpose of this Agreement, the terminology "target budget" shall mean that budget prepared by the COUNTY Office of Administrative Services in September of each calendar year for the operation of the Jail in the subsequent calendar year. The "target budget" bakes into consideration the adopted Jail budget for the previous year and adjusts it for salary and benefit increases and any supplementary appropriations during that year through September. For example, the "target budget" for calendar year 2006 is established by the County Office of Administrative Services in September 2005 using the 2005 adopted M&O Jail budget, plus estimated 20065 Salary and Benefits, plus adjustments fur supplementary appropriations to the Jail budget through September 2005- The plan preparcr will then establish a booking fee and detention fee for the Jail using the last half of the previous year's usage for all users and the first half of the present year's usage for all risers. For example, the plan prepares in conjunction with eslabtishing the hooking fee and detention fee for 2006 will use the actual usage for the last halfoF2004 and first half of2005. The COUNTY taking the booking fee and detention fee established by the plan preparer, and using the CITY's actual bookings and detentions for the last half of the previous year and the first half of the present year will determine a projected annual cost fur the following year. For example,the COUNTY rill use the CITY's actual number of bookings in the last half of 2004 and First half of 2005 to determine its projected booking costs in 2006- 'rile COUNTY will use the CITY's actual detention days in the last half of 2004 and Page 4 of 15 • first half of 2005 to determine its projected detention costs in 2006. This total amount will then be divided into twelve equal payments. For 2006 and all subsequent years this Agreement is in effect, the SHERIFF 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. At the end of the calendar year, using the actual yearly expenditures for the Jail the plan preparcr will calculate the actual booking fee and detention fee for that year. The COUNTY shall then use actual CiTY bookings and detentions for that year to determine what the CITY should have paid the COUNTY during the previous calendar year. To the extent that the CITY overpaid the COUNTY for the previous calendar year; it shall receive a credit on the next. monthly billing following the reconciliation. In the event that the CITY underpaid the COUNTY for the previous calendar year, it will receive a debit on the next monthly billing following the reconciliation. in the event that the CITY overpaid the COUNTY and it is the last year of the Agreement, the COUNTY will pay the CITY any amount owing and due within thirty (30)calendar days of the reconciliation. In the event that the CITY underpaid the COUNTY and it is the last year of the Agreement, the CiTY will pay the COUNTY any amount owing and due within thirty(30)calendar days of the reconciliation. The CITY may dispute the reconciliation as provided for in Section No. 17. It is the PARTIES intent that any reconciliation take place as soon as possible and accordingly will use their respective best efforts to timely prepare, disseminate and review all expenditure documentation. The CITY will have sixty (60) calendar days from its receipt of the expenditure documentation to provide the COUNTY with any written objections(s)to such documentation. The written objection(s) must specifically identify the expenditures) in question. The COUNTY agrees to consider all written objections received from the CITY within thirty (30) calendar days of receipt of the objections(s). In the event that the PARTIES cannot mutually resolve any written objection(s) submitted by the CITY within the thirty (30) calendar days time frame, or such other time frame as the PARTIES may mutually agree, the objections shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 17. Pending resolution of the objections(s), the PARTIES agree that the CiTY shall pay that portion of the bill that is undisputed. 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. The COUNTY may charge a fee to recover its costs for booking each inmate pursuant to RCW 70.48.390. These fees, when recognized as revenue, will be applied against the total costs related to booking inmates in the current year. The COUNTY shall notify the CITY by November 1s" of each year of the estimated daily housing and/or booking rates for the following year. The COUNTY shall provide the CITY with a written copy of its backup material for the proposed costs. 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. The City shall pay capital improvement costs either (I) under the Cost Allocation Plan as an indirect cost amortized over the useful Page 5 of 15 • life of the improvement utilizing straight-line depreciation and incorporating the expected salvage value of the improvement at the end of its useful life or (2) as a direct cost in the form of a contribution made to the Equipment Rental and Revolving Fund. The CITY shall be responsible only for capital improvement costs incurred after March 31, 2003. Any portion of a capital improvement that was paid for or acquired through separate agreement or with grant proceeds, bond proceeds, user fees, donations, or any other acquisition method that reflects a contribution on behalf of CITY shall not be included in the depreciation schedule applied to the CITY. Any capital improvement for which the COUNTY seeks reimbursement from the CITY must be necessary to fulfill the requirements of this Agreement. SECTION NO. 6: RELATED RESPONSIBILITIES I\' CONJUNCTION WITH PROVIDING SERVICES The COUNTY and SHERIFF or their designees agrees to attend staff meetings as requested by the CITY Manager. The COUNTY and SHERIFF or their 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 and SHERIFF may use the SHERIFF'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: (i)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, SHERIFF 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: Spokane County Chief Executive Officer or his/her authorized representative 1 1 16 West Broadway Avenue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SHERIFF: Spokane County Sheriff or his/her authorized representative 1 116 West Broadway Avenue, MS: PS13-I Spokane, Washington 99260 Page 6 of 15 SECTION NO.8: REPORTING Reports — The SHERIFF shall provide the CITY with reports documenting actual usage tinder 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 SHERIFF 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 SHERIFF staff Records Review—The CITY shall be allowed t:o conduct random reviews of the records generated by the SHERIFF in performance of this Agreement, The CITY will provide the SHERIFF 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 SHERIFF 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 SHERIFF shall 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 SHERIFF 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 SHERIFF policies. SECTION NO. 12: LIABILITY For the purpose of this Section,the terminology"COUNTY"shall also include the"SHERIFF." (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 Page 7 of 15 • 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, 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 SHERIFF 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 SHERIFF. Any and all employees who provide Services to the CiTY under this Agreement shall be deemed employees solely of the SHERIFF. The SHERIFF shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of the SHERIFF for any purpose. Page 8of15 SECTION NO. 1.4: MODIFICATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. SECTION NO. 15: PROPERTY AND EQUIPA'IENT The ownership of all property and equipment utilized in conjunction with providing the Services shall remain with the original owner, unless otherwise specifically and mutually agreed to by the PARTIES to this Agreement. For the purpose of this section, the terminology "owner" means that Party which paid the full purchase price for the property or equipment. SECTION NO. 16: ALL WRITINGS CONTAINED HEREIN/BODiNG 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. 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 Page 9 of 15 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 or SHERIFF 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 subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law as well as the provisions in RCW 70.48.100. The COUNTY and SHERIFF 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: READINGS 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. Page 10 of 15 • SECTION NO.26: INITIATIVES The PARTIES recognize that revenue reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the CITY, COUNTY, SHERIFF or all 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: 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. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. F COM,tfo %, DATEDr .I,t /. /:�� :w• "0 ItOARD OF COUNTY COMMISSIONERS 3 ;yap �"�- c - SPOKANE COUNTY, WASHINGTON cia It V SEAL $ ODD MIELK a. m - ATTEST: V. ccxs � Clerk of the Board MARK RJCHAr D, Vice-Chairman Daniela Erickson I •1ARRIS, Commissioner DATED: er7 /°‘ SPOKANE COUNTY SHERIFF Page 11 of 15 DATED: 7/31/46 CITY OF SPOKANE VALLEY: ATTEST: 6. `4 6 /(4z2 David Mercier,City Manager City Clerk/Deputy City Clerk APPROVED AS" FORM ONLY: Ca"-A DA Office of-the City A mey Page 12 of 15 I EXHIBIT 1 (I)Acceptance/Incarceration of CiTY Prisoners: (a)The COUNTY and the SHERIFF shall accept CITY prisoners for incarceration in the Jail in the same manner as COUNTY prisoners and in accordance with then current "Jail Booking Policy for Crowded Conditions," ("Jail Policy"). The CiTY realizes that there may be occasions when certain CITY prisoners may not be accepted due to emergent conditions or the criteria set forth in the Jail Policy. (b) Incarceration, care and feeding of CiTY prisoners by the COUNTY and SHERIFF shall be in the same manner as COUNTY prisoners and in accordance with then current published policies governing the Jail. If an emergency exists or the Jail population becomes too large to be handled in the Jail, any or all of the CITY prisoners may be released, transferred or temporarily held at another appropriate facility pursuant to applicable Jail Policies and state and local laws and regulations. (c) in instances where the CITY chooses to house its prisoners in another incarceration facility outside of Spokane County, the SHERIFF agrees to accept such prisoners for booking into the Jail consistent with the Jail Policy. (2) Jail Operation. The SHiRiFF is responsible for the actual operation and maintenance of the Jail and shall have charge of all persons confined therein. (3) Court Appearances. The COUNTY and SHERi:FF shall make CITY prisoners who are housed in the Jail, available for and transport them to District Court video first appearances and court appearances in the Spokane County Court Complex as required. For the purpose of this subsection, the terminology "housed" means book into the Jail or placed in holding cells in the transport area of the Jail. Changes thereto shall be negotiated under a separate interlocal agreement. (4)Bail. Any bail received after the normal business hours of the District Court shall be receipted to the Jail and made available to the CITY. (5) Delivery and Notification. The CITY shall be responsible for the delivery of male and female CITY prisoners to the custody of the SHERIFF at the Jail. No person who appears to be sick or injured will be booked at the Jail until he/she has received proper medical attention. (6) Booking Procedure. The COUNTY shall book CITY prisoners in accordance with Jail policies and procedures. Personal property of CITY prisoners will be handled in the same manner as other Jail prisoners. (7) Medical Treatment, The COUNTY will provide and furnish for CiTY prisoners confined in the Jail that minor medical care, attention, and treatment that is administered within the Jail. The COUNTY will arrange for any outside medical treatment as needed for CITY prisoners. (8) Sentence and Release Documents. The District Court will provide the Jail with sentencing and release documents in a manner acceptable to the Jail. Page 13 of 15 (i:XH mrr 2 (1) Except as otherwise provided, the CITY shall be responsible for the booking fees and detention costs when a CITY charge is the principal basis for booking a person where one or more of the following applies, whether pre-trial or post-trial: (a)The person is booked for violation of a CITY ordinance; or (b) The person is booked for violation of a misdemeanor or gross misdemeanor committed within the CITY; or (c)The person is booked for a warrant relating to(I)(a) and(1)(b)above. A CITY charge is not the principal basis for confining a person where: (a) The person is booked exclusively or in combination with other charges by reason of a felony charge (including 72-hour hold). Provided, after the felony charge is released, the CITY shall be responsible for booking fees and detention costs as they relate to pending CITY charges;or (b)The person is booked exclusively or in combination with other charges by reason of a felony charge that has been reduced to a misdemeanor or gross misdemeanor; or (c) The person is a federal prisoner who can he removed by a federal agency without regard to the CITY charges. Provided, this provision does not apply when the federal booking is an administrative hold pending release of CITY charges. (2) On multiple charges, it is the intent of the Parties, that the CITY shall pay only those booking fees and detention costs directly attributable to the booking and detention of'misdemeanor or gross misdemeanor charges originating from the CITY'S jurisdiction. By way of example, prisoners held or processed on multiple charges shall be billed as follows: (a) Prisoner held or processed on both felony and CITY misdemeanor or gross misdemeanor charges. (i)Concurrent bookings/detention. No charge, the more serious felony offense will control. (ii) Consecutive bookings/detention. Upon release of the felony offense the billing for CITY charges will commence. (b) CITY misdemeanors or gross misdemeanor charges and COUNTY or another City's misdemeanors or gross misdemeanor charges. (i)Concurrent bookings/detention. (a) Arresting agency will be initially billed when charges are at same level. Page 14 of 15 (b) CITY will be billed if during transport for another City/County in transit booking, a CITY charge(s) is found and causes the individual to be booked and removed from in transit until released on CiTY charge(s). (3) Detention Costs. Detention costs shall be based on each detention hour a CITY prisoner is detained in the Jail. The term "detention hour" shall mean the sixty(60) minute period, or any fraction thereof, that a person is held in the Jail and shall commence at the time of actual booking as shown on the computer; except, if the person is released within one-half(1/2)hour, no detention charge shall be incurred. For the purpose of this paragraph, detention hours, to include any fraction thereof, shall be based upon half hour increments, rounding to the nearest hour. For example: 29 minutes No charge 30 minutes to 1 hour 29 minutes charged 1 hour 1 hour 30 minutes charged 2 hours 2 hours 30 minutes charged 3 hours 3 hours 30 minutes charged 4 hours 4 hours 30 minutes charged 5 hours 5 hours 30 minutes charged 6 hours (4) Medical Costs. (a)The CITY shall pay for any and all medical costs incurred by a person who is in need of medical services at the time of his/her arrest by a CITY officer, and prior to his/her being booked into the Jail. The COUNTY, in instances where a medical service provider improperly bills the COUNTY for such medical services, will forward the billing(s)to the CiTY for payment. (b) After booking into the Jail, the COUNTY shall pay for any and all medical costs incurred by a CITY prisoner. Page 15 of 15 • 1. , So tGOUt'UY • OFFICE OF COUNTY COMMISSIONERS TODD MIELKE, 1ST DISTRICT • MARK RICHARD, 2ND DISTRICT • PHILLIP D. HARRIS, 3RD DISTRICT August 9, 2006 City of Spokane Valley 11707 E. Sprague Ave. . Spokane WA 99206 Attn.: Chris Bainbridge, City Clerk Dear Chris, Enclosed please find the following item: • (Duplicate Original) "Interlocal Agreement for Jail Services in the City of Spokane Valley." The Board approved this item at its regular August 8, 2006 2:00 PM meeting. Please note that in lieu of recording this document with the County Auditor, I will be posting the document electronically to the Spokane County web site (as provided under RCW 39.34.040). Yours very truly, 4/ . / / Daniela Erickson Clerk of the Board Spokane County Commissioners End. 1 1 1 6 WEST BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0100 • (509) 477-2265 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Amendment to Geiger Interlocal Agreement GOVERNING LEGISLATION: C006-090 Geiger Confinement Work Crew & Work Release Services PREVIOUS COUNCIL ACTION TAKEN: Interlocal Agreement for Geiger adopted by Council on November 14, 2006 and executed on November 29, 2006 (retroactive to January 1, 2005). Interlocal Agreement for Jail adopted by Council on July 25, 2006 and executed on July 31, 2006 (retroactive to January 1, 2005). BACKGROUND: The City of Spokane Valley has contracted with Spokane County for detention services since the City's inception. The City has utilized two interlocal agreements for two separate detention facilities, Geiger and the Spokane County Jail. Beginning January 1, 2010, Spokane County combined the Jail and Geiger operations into one budgetary department, Detention Services, under control of the Spokane County Sheriff's Office. The Sheriff's Office created a single billing rate for both facilities and implemented a new billing methodology, not realizing that this methodology conflicted with existing agreements. Due to this conflict, the City has been paying the rates from the previous year, as directed in the contracts, until the County could comply with the existing contracts or a new contract could be implemented. City staff has been negotiating with County staff to develop a new contract for detention services. In the meantime, staff recommends that the current agreements be amended to allow the City to pay according to the County's proposed methodology to make the County whole before the end of the year. The proposed methodology establishes estimated rates based upon the current year's budget of $120.95/day for confinement and $84.40/day for work crew. The rates will be applied to the actual number of program days used each month by the City. A settle-and-adjust reconciliation will still occur after the year is complete to adjust to actual costs. Staff has determined that this methodology is reasonable and accurate. RECOMMENDED ACTION OR MOTION: Move to Authorize the City Manager to execute the amendment to the Interlocal Agreement for Geiger Confinement, Work Crew and Work Release Services in the City of Spokane Valley. BUDGET/FINANCIAL IMPACTS: Combined 2010 Jail/Geiger Budget is $900,000. Projected costs with proposed rates is $966,567. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS 1. Proposed Interlocal Agreement Amendment 2. Original Inter local Agreement OFFICE OF THE CITY ATTORNEY Spokane CARY P. DRISKELL—ACTING CITY ATTORNEY Valley® 11707 East Sprague Avenue Suite 103 • Spokane Valley WA 99206 509.688.0235 • Fax: 509.688.0299 • cityattorney@spokanevalley.or8 AMENDMENT TO SPOKANE COUNTY/SPOKANE VALLEY\SPOKANE COUNTY SHERIFF INTERLOCAL AGREEMENT FOR GEIGER CONFINEMENT,WORK CREW AND WORK RELEASE SERVICES Re: Amendment to the Interlocal Agreement for Geiger Confinement, Work Crew and Work Release Services in Spokane Valley, executed November 29, 2006 Spokane County (County) and the City of Spokane Valley (City)would like to execute an Amendment to the Interlocal Agreement for Geiger Confinement, Work Crew and Work Release Services (the Agreement), Spokane County Resolution No 09-069, executed by the parties on November 29, 2006, concerning an agreed cost methodology for the year 2010. This amendment implements a new cost methodology. This amendment shall be in effect upon signing by the last party hereto. This amendment will change the methodology for calculating the cost for Geiger confinement services to City for the year 2010 only. Upon execution, this letter will serve to amend Section 5 of the Agreement by inserting at the end of the section, as the last paragraph, the following: The SHERIFF 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. The 2010 rates, based upon 2010 budgeted costs, will be $120.95 per day for Confinement and $84.40 per day for Work Crew. There will be no separate charge for booking. These rates will be applied to the actual number of CITY Confinement and Work Crew days for each month. At the end of the calendar year, the SHERIFF will recalculate the rates based upon actual expenditures and apply those new rates to the CITY's actual Confinement and Work Crew days according to the process described herein. All other provisions of the Agreement are unchanged by this amendment. IN WITNESS WHEREOF, the parties have executed this amendment to the Agreement on the date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON MARK RICHARD, Chair ATTEST: Clerk of the Board BONNIE MAGER, Vice-Chair Daniela Erickson TODD MIELKE, Commissioner DATED: SPOKANE COUNTY SHERIFF OZZIE D. KNEZOVICH, Sheriff DATED: CITY OF SPOKANE VALLEY ATTEST: MIKE JACKSON, City Manager Christine Bainbridge, City Clerk APPROVED AS TO FORM ONLY: Office of the City Attorney Return to: 1)aniela I rick;',,. ;/Clerk of the Board -. Board of County Commissioners 1116 W. Broadway Spokane, Washington 99260 INI'ERLOCAL AGREEMENT FOR GEIGER CONFINEMENT, WORK CREW AND WORK RELEASE SERVICES IN THE CITY OF SPOKANE VALLEY (January 1.,2005-December 31, 2005) 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 1 116 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) Pursuant to the provisions of RCW 70.48.210 and RCW 994A.725, the County has established and maintains the Geiger Corrections Center that provides confinement, work crew, work release programs and other related services. (d) Pursuant to the provisions of RC\V 9.92.130, when a person has been sentenced by any municipal or district court judge in this State to a term of imprisonment in a city jail, such person may be compelled on each day of such term, except Sundays, to perform eight (8) hours' labor upon the streets, public buildings,and grounds of such city. (e) The City of Spokane Valley is desirous of entering into an agreement with the County, wherein the County will provide confinement, work crew, work release programs and other related services for persons sentenced by a Spokane County District Court Judge for violating City Page 1 of 18 `8 C06-90 ordinances andlor State misdemeanor and gross misdemeanor laws and when in conjunction with such sentencing are authorized by court order to participate in a confinement and work crew/work. release programs. SECTION NO. 2: DEFINITIONS (a) Agreement: "Agreement" means this interlocal Agreement between the CITY and COUNTY regarding confinement, work crew, work release programs and related services. (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 RC\V so long as such expenditures are directly attributable and proportionate to services rendered to CITY under the terms of this Agreement. (c) Services: "Services" means those services identified in Exhibit 1. (f) Compensation: "Compensation" means that methodology set forth in Exhibit 2 used to establish the amount of money which the CITY will pay the COUNTY for providing Services. (g) Capital Improvement: "Capital Improvement" shall mean any expenditure in excess of$1999.99 or such higher figure as set by the COUNTY as the capitalization threshold during the term of the Agreement. The COUNTY shall give the CITY advance notice of any increase in the capitalization threshold. The PARTIES agree to meet and discuss the impacts of any change in the capitalization threshold which will cause an increase of costs to the CITY in excess of$50,000.00. 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 andlor that directly affect providing of such Services. (i) Report: "Report" means the Billing Register Report which is a component of the .IMS (Jail Management System). (j) Geiger Corrections Center or Facility: "Geiger Corrections Center or Facility" means that facility operated by Spokane County located at 3507 S. Spotted Road, Spokane, Washington 99224. Page 2 of 18 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 January 1, 2005,and run through December 31, 2005. At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year thereafter effective January 1St to December 315'. All renewals shall be subject to all terms and conditions set forth herein except that the fees will be revised as provided for in Exhibit 2. The PARTIES recognize it highly unlikely that Exhibit 2 setting forth the estimated costs for each year's Services will be available at the start of any renewal timeframe. Accordingly, until a new Exhibit 2 has been prepared for any calendar year, the PARTIES agree that the COUNTY will bill the CITY and the CITY will pay the COUNTY at the same rate used for the previous year. Upon the PARTIES agreement on a new Exhibit 2, the CITY and COUNTY will reconcile payments to date under the previous year's payment schedule with the new payment schedule. 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. In the event of termination, the COUNTY will continue to Services for those individuals already participating in programs, but will not accept any new individuals. The CITY shall continue to pay those fees as set forth in Exhibit 2 for such individuals until their respective participation is terminated in such program. Provided, however, in the instance where the fees increase in the following calendar year, the CITY shall pay such increased fees. 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 2, 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 ("capital improvement") that arise during the contract period. The cost for any capital improvement actually incurred shall be included in calculating fees for the year in which the cost is incurred and shall not be amortized over the life of the capital improvement. Provided, however, the PARTIES agree that the COUNTY will establish an Page 3 of 18 amortization schedule for each capital improvement actually incurred having an actual cost of over $50,000.00. The amortization schedule shall reflect the true estimated useful life of the capital improvement. The amortization schedule shall spread the COUNTY'S and CITY'S share of the capital improvement cost over the established time frame. For the purposes of this Agreement, the COUNTY'S and CITY'S share shall be calculated based upon each parties actual usage of the Facility for confinement in the year in which the capital improvement was made. The COUNTY'S share shall include the share of all other users at the Facility. (For example, if in calendar year 2006 a capital improvement of $120,000.00 was made, it would be included in calculating rates for calendar year 2006. The COUNTY would also establish an amortization schedule for such capital improvement. The CITY proportionate share of that capital improvement would be based on its proportionate share of all the confinement fees paid for calendar year 2006.) The amorti~nation schedule may extend beyond the term of this Agreement or any renewal thereof. If either Party withdraws from the Agreement the COUNTY agrees to pay the CITY the un-depreciated portion of the amortization schedule for each capital improvement for which an amortization schedule had been prepared from the date of the withdrawal to the end of the amortization schedule. This amount shall be paid within sixty (60) calendar days of any such termination. Provided, however, the aggregate costs of all capital improvements in any calendar year for which the COUNTY seeks reimbursement from the CiTY shall not exceed $1,000,000.00. Any capital improvement which the COUNTY includes in calculating fees or reconciliation and for which the COUNTY seeks reimbursement from the CiTY must be necessary to fulfill the requirements of this Agreement. The Ci'I'Y shall be responsible only for capital improvement costs incurred after March 31,2003. Any portion of a capital improvement that was paid for or acquired through separate agreement or with grant proceeds, bond proceeds, user fees, donations, or any other acquisition method that reflects a contribution on behalf of CiTY shall not be included in the rates applied to 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 as outlined in Exhibit 2, 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. The COUNTY, at its sole option, may charge interest on any late payment calculated on any lost interest earning had the amount due been invested since the date due to the date of payment in the COUNTY'S investment pool. SECTION NO. 6: RELATED RESPONSIBILITIES TN CONJUNCTION WITH PROVI_DiNG SERVICES The COUNTY or its designee agrees to attend staff meetings as requested by the CITY Manager. The COUNTY or its designee agrees 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. Page 4 of 18 SECTION NO. 7: NOTICE All notices or other communications given hereunder shall be deemed given on: (i) 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: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 Geiger Corrections Director 3507 South Spotted Road Spokane, Washington 99224 CITY: City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley,-Washington 99206 SECTION NO. 8: REPORTING Reports—The COUNTY shall provide the CiTY with reports documenting actual usage under this Agreement. The PARTIES agree that the terminology "reports documenting actual usage" means that type of information provided by the COUNTY to other users for Services. An updated report shall be submitted quarterly unless otherwise mutually agreed by the PARTIES. 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 he 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. Page Sof18 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 hire, assign, retrain 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. SECTION NO. 1..2: L:I:ABii..ITY (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. Page 6 of 18 (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, 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 polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 a ggregate limits including professional liability and auto liability coverages. SECTION NO. 1.3: 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 otherwise specifically and mutually agreed to by the Page 7 of 18 PARTIES to this Agreement. For the purpose of this section, the terminology "owner" means that Party which paid the full purchase price for the property or equipment. SECTION NO. 16: ALL WRITINGS CONTA.iNE])HEREiN/.BiNDING 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. 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 PAR TIES 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. 1.8: 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. 1.9: 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 Page 8 of 18 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 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 01?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/i:MPOSSI.BiLiTY 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 or placed on the COUNTY'S web site. Page 9 of 18 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 initiatives) passed by the voters of 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 law. SECTION NO.29: 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. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signtatures. DATED: BOARD OF COUNTY COMMISSIONERS 6 0969 _�-- �. OF SPOKANE, COUNTY, WASHINGTON °r: e �"� w DD MIELK.E, Chairperson • ATTEST: +, . E . MARK R1C1-Wh, Vice-chairman .1/ 0-r, Daniela Erickson, Clerk of the Board •T I' D. HARRIS, Commissioner Page 10 of 18 DATED: /�/ , ' CITY OF SPOKANE VALLEY: A:FTE David Mercier, City Manager Christine Bainbridge, City Clerk/ APPROVED AS TO FORM ONLY: aPA • .� Cary P.'. riskell,`duty City Attorney Page 11uf18 EXHIBIT 1 Under the terms of this Agreement, COUNTY, through the Facility, will provide pretrial confinement, work crew/work release programs and related services to CITY for persons charged with violating CITY municipal ordinances and/or State misdemeanor and gross misdemeanor laws within the CITY'S jurisdiction as well as post trial confinement, work crew/work release programs and related services to CITY for persons sentenced by any District Court Judge for violating CITY municipal ordinances and/or State misdemeanor and gross misdemeanor laws within the CITY'S jurisdiction and when in conjunction with such sentencing are authorized by Court order to participate in a confinement and work crew/work release program. The terminology"confinement" shall include electronic home monitoring. The terminology "work crew" shall mean a program of partial confinement wherein a person shall be housed at the Facility and while housed at such Facility shall participate in civic improvement tasks to be performed on public property. The terminology "work release" shall mean a program of partial confinement wherein a person shall he housed at the Facility and while housed at such Facility is employed or engaged as a student in a regular course of school. Housing provided by COUNTY at the Facility shall be the same housing provided by the COUNTY for COUNTY persons participating in programs at the Facility. The COUNTY shall provide all medical services for a City person receiving Services under this Agreement. The cost of such medical services shall be included in calculating the fees set forth in Exhibit 1. In the event that the Court orders any special services in conjunction with an individual participating in work crew/work release program under the terms of this Agreement, it is agreed that COUNTY and CITY will negotiate a fee concerning the special services, in the event such fees are not specifically set forth in Exhibit 2. The Parties agree that there is limited space at the Facility. COUNTY reserves the right to screen all individuals CITY requests and/or Court allows to participate in work crew/work release programs. COUNTY reserves the right to refuse to accept any individual if it is determined not in COUNTY'S best interest and/or there is no space available at the Facility. The determination of COUNTY in each of the above circumstances shall be final and binding. in instances where COUNTY provides a work crew/work release program under this Agreement, CITY shall be responsible for providing to COUNTY'S representative with a list of CITY civic improvements, which may be work crew/work release projects. Page 12 of 18 In conjunction with COUNTY providing work crew programs set forth herein, the COUNTY shall also provide any and all transportation to and from the Facility to the work site. COUNTY shall provide any and all transportation to and from the Facility and Spokane County Jail which may be necessary in conjunction with COUNTY providing Services to CITY under the terms of this Agreement. (THIS SPACE INTENTIONALLY LLTT BLANK) Page 13 of 18 ' 1 EXHIBIT 2 The rates for calendar year 2005 were based on the 2005 Geiger preliminary budget figures which were submitted by Geiger management to the COUNTY in October of 2004. Based on those figures, the 2005 calendar year rates were: (a) $41.38 per day for each person participating in a confinement program. (b) $39.80 per day for each person participating in work release program. (c) $34.42 per day for each person participating in work crew program. (d) $22.40 per day for each person participating in Electronic Home Monitoring (EI-IM). (e) Special Services - to be negotiated on a yearly basis. Disputes as to the amount to be billed for any Special Service, other than those set by the independent cost allocation plan preparer, shall be resolved in the same manner as disputes over billings addressed hereinafter. Agreement on Special Service fees shall be evidenced by a written memorandum signed by the Parties representatives identified in Section No. 7. (f) $10.00 per day for court ordered placement of sobrietor units in homes of persons that are not on electronic home monitoring. (g) $ 3.50 per day for court ordered placement of sobrietor units in homes of persons that are on electronic home monitoring in addition to the fee rate forth in (d) above. There is no reconciliation of rates charged or paid in calendar year 2005. For all subsequent years this Agreement is in effect, the independent cost allocation plan preparer will establish annual rates for (a) through (d) referenced herein above based on the following methodology. The plan preparer will take the "target budget" for Geiger. For the purpose of this Agreement, the terminology "target budget" shall mean that budget prepared by the COUNTY Office of Administrative Services in September of each calendar year for the operation of Geiger in the subsequent calendar year. The "target budget" takes into consideration the adopted Geiger budget for the previous year and adjusts it for salary and benefit increases and any supplementary appropriations during that year through September. For example, the "target budget" for calendar year 2006 is established by the County Office of Administrative Services in September 2005 using the 2005 adopted maintenance and operations (M&O) Geiger budget, plus estimated 2006 Salary and Benefits, plus adjustments for supplementary appropriations to the Geiger budget through September 2005. The plan preparer will then establish fees as provided .for in (a) through (d) for Geiger using the last half of the previous year's usage for all users and the first half of the present year's usage for all users. For example, the plan preparer in conjunction with establishing fee (a) will use the actual usage for the last half of 2004 and first half of 2005. The COUNTY taking the fees established by the plan preparer, for items (a) through (d) and using the CITY'S actual use for items (a) through (d) for the last half of the previous year and the first Page 14 of 18 half of the Y resent ear, will determine a projecred annual cost for the following year. For example, p the COUNTY will use the CITY'S actual number of confinement days for item (a) in the last half of 2004 and first hal F of 2005 to determine its.projectod item (a) costs in 2006. The COUNTY will use this same approach for items (b) through (d). This total amount for all items (a) through (d) will then be divided into twelve equal payments. The Parties acknowledge and agree that in calendar year 2007 the budget will include a line item denominated as "cash reserve" in the amount of$250,000.00. The Parties further acknowledge and agree that in calendar year 2008 an additional amount of$250,000-00 will be included in the "cash reserve" line item for a total of$500.000,00. This lime item recognizes that Geiger is an enterprise fund and requires cash reserves. This line item will be used in establishing 2007 and 2008 rates respectively For items (a) through (d)- In conjunction with the reconciliation for calendar year 2007 and 2008, the plan preparer will determine the proportionate amount of the "cash reserves" line item paid by the CITY in each year This amount will be calculated by determining the 2007 and 2008 rates with and without the inclusion of the "cash reserve" line item and then determining the difference between the CITY'S 2007 and 2008 payments based on the items (a) through (d) with and without the inclusion of the "cash reserve' line item- Upon the facility becoming a COUNTY general fluid obligation or termination of this Agreement for any reason whatsoever by either Party, the COUNTY agrees to reimburse the CITY that portion of the "cash reserve" which it paid in calendar year 2007 and 2008. The COUNTY will establish rates and bill separately for items (f) and (g) as follows: (f) Per day fee for court ordered placement oE'sobrietor units in homes of persons that are not on electronic home monitoring. This fee has been set at$10,00 per day by the COUNTY. There is no precise methodology used to establish this fee. The COUNTY will continue to charge a $10.00 per day fee for this service until a new methodology is adopted. Once a new methodology is adopted, the COUNTY will give the CITY thirty (30) days advance notice prior to imposing the new fee and the basis for the. adjustment. (g) Per day for court ordered placement of sobrietar units in homes or persons.that are on electronic home rnarnitorinF in addition to the fee rate forth in dl above. The couNITY leases sobrietory units. The methodology used to establish the per day cost takes the actual lease cost of each sobrietory unit per day and rounds it up to the nearest dollar, In the event the COUNTY leases sobrietory units from a new suppler or purchases sobrietory units,die per day lee will be revised using the same methodology for leased units or a new methodology for purchased units. In such instance, the COUNTY will give the CITY thirty (30) days advance notice prior to imposing the new fee and basis for the adjustment. Page 15 of LS Applying the above methodology, the 2006 calendar rates are: (a) $66.85 per day for each person participating in a confinement program. (b) $36.99 per day for each person participating in work release program. (c) $54.83 per day for each person participating in work crew program. (d) $23.42 per day for each person participating in Electronic Home Monitoring (EHM). (e) Special Services - to be negotiated on a yearly basis. Disputes as to the amount to be billed for any Special Service, other than those set by the independent cost allocation plan preparer, shall be resolved in the same manner as disputes over billings addressed hereinafter. Agreement on Special Service fees shall be evidence by a written memorandum signed by the Parties representatives identified in Section No. 7. (1) $10.00 per day for court ordered placement of sobrietor units in homes of persons that are not on electronic home monitoring. (g) $ 4.00 per day for court ordered placement of sobrietor units in homes of persons that are on electronic home monitoring in addition to the fee rate forth in (d) above. The COUNTY will bill the CITY for all services monthly as provided for in Section No. 5. At die end of the calendar year 2006 and all subsequent years, using the actual yearly expenditures for Geiger the plan preparer will calculate the actual fees for items (a) through (d) that. year. The COUNTY shall then use actual CITY services required for that year to determine what the CiTY should have paid the COUNTY during the previous calendar year. 'l'he CITY will have sixty (60) calendar days from its receipt of the expenditure documentation to provide the COUNTY with any written objections(s) to such documentation. The written objection(s) must specifically identify the expenditure(s) in.question. The COUNTY agrees to consider all written objections received from the CITY within thirty (30) calendar days of receipt of the objections(s). In the event that the PARTIES cannot mutually resolve any written objection(s) submitted by the CITY within the thirty (30) calendar days time frame, or such other time frame as the PARTIES may mutually agree, the objections shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 17. Pending resolution of the objections(s), the PARTIES agree that the CITY shall pay that portion of the bill that is undisputed. To the extent that the CiTY overpaid the COUNTY for the previous calendar year, it shall receive a credit on the next monthly billing following the reconciliation. In the event that the CiTY underpaid the COUNTY for the previous calendar year, it will receive a debit on the next monthly billing following the reconciliation. In the event that the CITY overpaid the COUNTY and it is the last year of the Agreement, the COUNTY will pay the CITY any amount owing and due within thirty (30) calendar days of the reconciliation. In the event that the CITY underpaid the COUNTY and it is the last year of the Agreement, the CITY will pay the COUNTY any amount owing and due within thirty (30) calendar days of the. reconciliation. The Parties agree that no interest shall be Page 16 of 18 owing by either Party to the other Party for any overpayment or underpayment determined as a result oI the reconciliation. 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. There will be no reconciliation for items (e), (f) or(g). It is the PARTIES intent that any reconciliation take place as soon as possible and accordingly will use their respective best efforts to timely prepare, disseminate and review all expenditure documentation. The COUNTY shall not claim any additional charge(s) for any calendar year more than sixty (60) days after the reconciliation has taken place for that calendar year. The Parties agree that if the COUNTY claims any additional charge(s)within sixty days after the reconciliation for any calendar year, the CiTY shall have the ability to dispute such additional charge(s) within sixty (60) calendar days after receipt of any billing for any additional charge(s). The dispute shall be processed in the manner set forth herein for a billing or reconciliation. The COUNTY provides certain services that are charged to the individual participating in the program(s) such as electronic monitoring. If the participant is unable to pay for such service, the CiTY may pay for such service in lieu of the participant having to be incarcerated. For the purpose of this Exhibit a "day" shall include any period of time within a 24-hour (day) timeframe in which a person participates in a confinement, work crew or work release program. The first day shall be a billable day and the last day shall not be a billable day. In determining if the CITY should be billed in conjunction with receiving Services under this Agreement, the Facility booking officer will access the Jail Management System (JMS). The CITY shall be responsible for fees under this Agreement when JMS indicates a CITY charge is the principal basis for booking a person in the Spokane County Jail where one or more of the following applies, whether pre-trial or post-trial or self surrender: (a)The person is booked for violation of a CiTY ordinance; or (b) The person is booked for violation of a misdemeanor or gross misdemeanor committed within the CITY; or (c)The person is booked for a warrant relating to(1)(a) and (1) (b)above. Page 17 of 18 • A CITY charge is not the principal basis for confining a person where: (a) The person is booked exclusively or in combination with other charges by reason of a felony charge (including 72-hour hold). Provided, after the felony charge is released, the CITY shall be responsible for fees as they relate to pending CITY charges; or (b) The person is booked exclusively or in combination with other charges by reason of a felony charge that has been reduced to a CITY misdemeanor or gross misdemeanor; or (c) The person is a federal prisoner who can be removed by a federal agency without regard to the CITY charges. Provided, this provision does not apply when the federal booking is an administrative hold pending release of CITY charges. The CITY shall also be responsible for fees under this Agreement when JIM indicates that a person was booked in the Spokane County Jail under multiple charges only for misdemeanor or gross misdemeanor charges originating from the CiTY'S jurisdiction. By way of example: (a) Prisoner held or processed on both felony and CITY misdemeanor or gross misdemeanor charges. (i) Concurrent bookings/detention. No charge, the more serious felony offense will control. (ii) Consecutive bookings/detention. Upon release of the felony offense the billing for CiTY charges will commence. (b) CITY misdemeanors or gross misdemeanor charges and COUNTY or another City's misdemeanors or gross misdemeanor charges. (i) Concurrent bookings/detention. (a) Arresting agency will be initially billed when charges are at same level. (b) CITY will be billed if during transport for another City/County in transit booking, a CITY charge(s) is found and causes the individual to be booked and removed from in transit until released on C1TY charge(s). Page 18 of 18 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Cities of Connell and Airway Heights Request for Support of Prison Population Legislation - SB6225 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Council discussion on December 7, 2010. Council determined to have staff create two draft letters in support of the City of Airway Heights and City of Connell's pursuit of this legislation. BACKGROUND: The City of Spokane Valley received a letter from the Mayor of the City of Connell on November 22, 2010, requesting a letter of support to pursue SB6225. Staff provided Council with a copy of the letter and Senate Bill 6225 in the December 7, 2010 agenda packet. OPTIONS: 1)To send the letters to both cities 2)Other RECOMMENDED ACTION OR MOTION: I move that the City of Spokane Valley supports the City of Connell and the City of Airway Heights in pursuit of Prison Population Legislation SB 6225, and authorize the Mayor to sign the attached letters of support. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Mike Jackson ATTACHMENTS: Draft letters of support to the City of Connell and the City of Airway Heights Spokane Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org December 14, 2010 Mayor Patrick D. Rushing City of Airway Heights 1208 S. Lundstrom Airway Heights, WA 99001 Re: Request for Support of Prison Population Legislation Dear Mayor and Councilmembers: The City of Spokane Valley is in support of the City of Airway Heights proposed Prison Population Legislation, SB 6225, which addresses the impacts of counting the Department of Corrections inmate populations in the City of Airway Height's official population counts. The City of Spokane Valley supports the City of Airway Height's pursuit of legislation which will provide the services and governance necessary for the quality of life for its citizens. Thank you. Sincerely, Thomas E. Towey Mayor Spokane Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org December 14, 2010 Mayor Garland "Gary" D. Walton City of Connell 104 E. Adams / P.O. Box 1200 Connell, WA 99326 Re: Request for Support of Prison Population Legislation Dear Mayor and Councilmembers: The City of Spokane Valley is in support of the City of Connell's proposed Prison Population Legislation, SB 6225, which addresses the impacts of counting the Department of Corrections inmate populations in the City of Connell's official population counts. The City of Spokane Valley supports the City of Connell's pursuit of legislation which will provide the services and governance necessary for the quality of life for its citizens. Thank you. Sincerely, Thomas E. Towey Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Aquifer Protection Area (APA) Interlocal GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: APA Interlocal was approved by Council on July 27, 2004 BACKGROUND: Attached is the RCA from July 27, 2004 which outlines the background and use of the funds for the APA and an e-mail from Bruce Rawls dated August 8, 2004 with three attached spreadsheets that detail the estimated revenues and expenditures of the APA funds as outlined in the Interlocal agreement. I have also attached two spreadsheets from the last Wastewater Policy Advisory Board meeting in November, One is the comparison for the largest stormwater customers, and the other is for the largest sewer customers. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTACHMENTS: (1) RCA July 27, 2004, APA Interlocal Agreement, (2) E-mail from Bruce Rawls and attached Spreadsheets, (3) Stormwater 6-year Financial Plan, 2 Spreadsheets (4) Wastewater Policy Advisory Board Meeting spreadsheets regarding customers CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 27, 2004 City Manager Sign-off: Item: Check all that apply: ❑ consent X old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Aquifer Protection Area interlace' Agreement GOVERNING LEGISLATION: RCW 36.36 Aquifer Protection Areas PREVIOUS COUNCIL ACTION TAKEN: Approval of Resolution #04-016 'Authorizing Inclusion of Spokane Valley Within an Aquifer Protection Area on June 8, 2004. BACKGROUND: The Spokane County Board of Commissioner sent a letter dated January 27, 2004 to Spokane Valley requesting consideration for inclusion of the City of Spokane Valley in the reauthorization of the Aquifer Protection Area. The Council received several briefings regarding the APA program and on June 8, 2004 the City Council approved resolution #04-016 which authorized inclusion of Spokane Valley within the Aquifer Protection Area subject to subject to approval by Spokane Valley and Spokane County of an interlocal agreement regarding use of the funds. We have completed a draft interlocal which is attached for your review. Additionally, I have attached a spreadsheet that shows the proposed allocation of the revenues based on the agreement. Section 2 details the use of the APA funds. Briefly, the uses of the funds are as follows: 1. County may charge reasonable administration and billing costs. 2. County may charge costs associated with the County's Water Resources Program. 3. Spokane Regional Health District will receive $100,000 per year to monitor septic tanks. 4. The City of Spokane will receive $500,000 per year. 5. Remaining revenues will be used for subsidies to reduce the Capital Facilities Rates charged for the annual Septic Tank Elimination Projects through the year 2010. 6. After 2010 the City will receive its proportional share of the remaining fees through 2025. OPTIONS: RECOMMENDED ACTION OR MOTION: Motion to approve the interlocal and authorize the City Manager execute the agreement. BUDGET/FINANCIAL IMPACTS: Will provide for ongoing collection of APA revenues. STAFF CONTACT: Neil Kersten ATTACHMENT: Draft Interlocal, Spreadsheet • After recording return document to 5114853 08 i/2Ni 40$5133P City of Spokane Valley GOI"ER11EkI, CITY OF .4'?OXA AGR $2.,Q4 Sp',sane Co, k Attn:City Clerk 11707 E,Sprague Ave,, Suite 106 Spokane Valley, WA 99206 INTERLOCAL AGREEMENT. I#ETWEEN SPOKANE COUNTY AND Th.0 CITY OF SPOKANE VALLEY REGARDING USES AND ALLOCATION OF AQUIFER PROTECTION 4 0706 AREA REVENUES This Interlocal Agreement by and between the City of Spokane Valley, a municipal corporation of the state of Washington, having offices for the transaction of business as 11707 East Sprague Avenue, Suite 106,Spokane Valley, Washington 99206, ("CITY") and 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("COUNTY")hereinafter sometimes referred to as the PARTIES. The CITY and COUNTY agree as follows: Section I: RECITALS AND FINDINGS • 1.1 The CITY is located in the Aquifer Protection Area established by Spokane County Ordinance • 85-0641, dated July 30, 1985 pursuant to the provisions of chapter 36,36 .RCW (AQUIPP, PROTECTION AREAS), 1,2 On December 31, 2005,the authorization to collect Aquifer Protection Area fees will terminate. 1.3 The COUNTY has suggested to the CITY that a ballot proposition be placed before the voters to re-authorize the establishment of the Aquifer Protection Area for another 20-years and impose fees on the withdrawal of subterranean water and on on-site sewage disposal. 1,4 On June 8, 2004, the Spokane Valley City Council passed Resolution Number 04-016 approving the inclusion of its municipal boundaries within the boundaries of the reauthorized Spokane Aquifer Protection Area, subject to approval by Spokane Valley and Spokane County of an Interlocal Agreement regarding use of the funds, 1.5 The purpose of this Agreement is to satisfy the condition in the Spokane Valley Resolution Number 04-016 regarding use,of the hinds, Interim-al Aquifer Protection Area Page I of 5 Gfr-e)..3 111111111111 1111111 5114853 08124120 of P C0Y1i1Egi, CilY el $POKk A0$ X23.00 Winced), WA Section 2: USES AND ALLOCATIONS OF AQUIFER PROTECTION AREA FEES 2,1 The CITY authorises the COUNTY to charge reasonable administration, billing, and customer account activities/services to the COUNTY budget fund that has been established for the Aquifer Protection Area pees (commonly identified as Budget Fund 436). All charges shall relate directly to activities/services performed by COUNTY staff in conjunction with the administration, billing and customer account activities related to the Spokane Aquifer Protection Area. Charges shall be based on actual costs,on tt monthly basis. 2.2 The CITY authorizes the COUNTY to charge all activities related to the COUNTY's Water Resources Program, including but not limited to aquifer monitoring, aquifer data management, aquifer studies, coordination of aquifer protection activities, and similar efforts to Fund 436. For the purpose of this provision the terminology Water Resources Program shall mean those activities included in budget Fund 436, Department 751. Charges will occur on a monthly basis, 2,3 The CiTY authorizes the COUNTY to transfer up to $100,000 annually through year 2010 from Fund 436 to the Spokane Regional Health District to provide for data base management related to monitoring of septic tanks in the Aquifer Sensitive Area For the purpose of this provision, the terminology Aquifer Sensitive Area shall mean the area where activities on the ground,surface can affect the water quality in the Spokane Valley Rathdrum Prairie Aquifer. The actual amount transferred shall be determined by the Spokane County Utilities Director, in the annual budget for Fund 436, and as approved by the Board of County Commissioners. Transfer of such money shall occur in one lump sum or in installments, provided there is sufficient money in Fund 436 to make such transfer(s). 2,4 The CITY authorizes the COUNTY to transfer $500,000 annually through year 2010 from Fund 436 to the City of Spokane for activities as authorized under RCW 36.36.040. Transfer of such money shall occur in one lump sum or in installments provided there is sufficient money in Fund 436 to make such transfer(s). 2.5 The CITY authorizes the COUNTY to utilize all revenues remaining from annual Aquifer Protection Area fees imposed pursuant to chapter 36.36 RCW, for the years 2006 through 2010, after disbursements authorized in Items 2.1 through 2.4, for subsidies to reduce the Capital Facilities Rates charged to properties included in annual Septic Tank Elimination Projects. During this period, the Aquifer Protection Area fees will be used to benefit all new customers in the Septic Tank Elimination Projects equally, For the purpose of this provision, the terminology Capital Facilities Rate(s) shall have that meaning set forth in Spokane County Section $.03.1135. Tho terminology Septic Tank Elimination Projects shall mean those sewer projects identified in the Capital Improvement Program of Section 4 of the Spokane County 2001 Comprehensive Wastewater Management Plan,as hereafter amended. 2.6 The CITY and COUNTY agree that for the years 2011 through 2025, annual Aquifer Protection Area fees remaining after disbursements authorized in Items 2.1 and 2.2 will be distributed • annually between the COUNTY, the CITY, and the City of Spokane on a proportional basis relative to the amount generated in unincorporated areas, the CITY, and the City of Spokane. Provided, however, the Aquifer Protection Area fees shall be used exclusively and solely for purposes authorized under RCW 36.36.040. 2.7 The CiTY and COUNTY agree that the either party may audit the other's use of Aquifer Protection Area fees at any time during this Agreement to determine compliance with RCW 36,36.040. If it is determined that the CITY'S use of the Aquifer Protection Area fees is not consistent with the allowable uses provided under I2.CW 36.36.040, the COUNTY will Interlotal Aquifer Protection Area Page 2 of S • 8 4 11 111111 3 ,33f' MERMEN, CITY OF NM AO S2340 Sane Co, withhold subsequent Aquifer Protection Area fees equal to the amount of fees that were determined to be inconsistent with allowable uses under RCW 36.36,040. If it is determined that the County's use of the Aquifer Protection Area fees is not consistent with the allowable uses provided under RCW 36,36,040, the COUNTY will reimburse Aquifer Protection Area fees equal to the amount of fees that were determined to be inconsistent with allowable uses under RCW 36.36,040. Section 3: GENERAL 3,1 Modification,. This Agreement may be modified in writing by mutual written agreement of the PARTIES. 3.2. All Writings Contained Herein/Binding Effect. This Agreement contains terns and conditions agreed upon by the PARTJI3S. The PARTIES agree that there are no other understandings,oral or otherwise,regarding the subject platter of this Agreement, 3.3 Jurisdiction And Venue. This Agreement has been end 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 perfonnence. Any action at law, suit in equity or judicial proceeding far the enforcement of this Agreement, or any provision hereto, shall be Instituted only in courts of competent jurisdiction within Spokane County, \Vnshington, 3,4 Recoils,. All public records prepared, owned, used or retained by COUNTY in conjunction with this Agreement shell be deemed COUNTY property and shall be made available to CITY upon request by the City Manager. 3.5 Fleadinge, 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. 3,6 Aeejg gment, This Agreement shall be binding upon the PARTIES hereto, their successors and assigns, No party may assign in whole or part its interest in this Agreement without the written approval of all other PARTIES. 3.7 'illu . This Agreement shall be filed by the County with such offices or agencies as required by chapter 39.34 RCW, 3.8 Notice, All notices or other communications given hereunder shall be deemed given on;(I)the day such notices or other communications are received when sent by personal delivery;or(ii)the third day following the day an which the same have been mailed by first class delivery, postage prepaid addressed to COUNTY at the address set forth below for such Party, or at such other address as COUN'T'Y shall from tirne•tcetime designate by notice in writing to the other PARTIES; COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 Intcrlocut Aquifer Protection Arce Page 3 of 5 4 1111111111111110111111111111111. 51 14853 Page:4 2X1 4O llII1l/, C Mk f ace Spoken¢Co, WA �P CITY: City of Spokane Valley City Manager or hislher authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley,Washington 99206 Section 4: EFFECTIVE DATE AND DURATION 4.1 This Agreement shall be effective as of January I, 2006, provided that the voters by simple majority vote re-authorize the creation of the Aquifer Protection Area as provided for in RCW 3636.030, and shall continue until December 31, 2025, or until the re-authorized Aquifer Protection Area sunsets as provided for in the ballot proposition, whichever is sooner. Section 5: SEVERAU_ILITY 5.1 It is understood and agreed among the PARTIES 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, tents 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 6: EXECUTION AND APPROVAL 6.1 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. 6.2 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. • Interlocal Aquifer Protection Area Page 4 of 5 . . , . . . !I Ill IN illiiiimilill mi Ili!I 4 � 6: GOYf&5 E;U1, C117 Of ScOK RCA' ;23,{p Spokane Cos Fa IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year opposite their respective signatures. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON •i 0,4 6" .`& it ...��Ai r, f .$' r'r PI-DLL e'D. . •RR1S,Chair i v ,1. 4,C&-,: 1 'S,, j,z.,,;,,;,.0.,y M.KATI3 M/s • SL1N,Vice Chair - i / 1J / �irl ` f.jf�J lei / / "'O. ' LLEY,Coinrnissia. r DATED: All .42 _400 ATTEST: VICKY M. DALTON CLERK OF THE BOARD BY: d/ +1 ; ' , 'e'?"-O-C-2 DaniciaErickson,Deputy CITY OF SPOKANE VALLEY: . By: ,., r DAVID R,MERCIER Its: City Manager DATED: (,,)BA 0 V ATTEST I3 r4 7i41-,,,,. L.: Christine Eainbridgc,City Clerk Chris Bainbridge From: Rawls, Bruce [BRawls @spokanecounty.org] Sent: Tuesday, August 31, 2004 8:12 AM To: Neil Kersten Subject: APA Split for 2006-2025 Attachments: APA Split.xls Follow Up Fiag: Follow up Flag Status: Flagged Neil: I took a cut at what the revenues and expenditures could be if the City of Spokane is not in the Regional APA. There are 3 sheets in the attached spreadsheet -File. It should open to the summary, and then there are 2 detailed sheets that roll up to the summary. Give me a call if you have any questions. «APA Split.xls» Thanks, Bruce Rawls Spokane County Utilities Director (509) 477-3604 i AIWA Revenue Allocation Scenarios Scenario# 1 Scenario#2 Years 2.006-2025 With City of Spokane Without City of Spokane Item in Regional APA in Regional APA 1 Admin &Billing $ 5,904,328 $ 3,542,597 2 Aquifer Monitoring and WQ Admin $ 10,225,223 $ 6,135,134 3 City of Spokane $ 19,358,105 $ 4 County/Spokane Valley Sewers 2006-2010 $ 7,916,868 $ 4,890,772 5 County APA Projects 2011-2025 $ 7,579,220 $ 7,009,782 1 9Spokane Valley APA Projects 2011-2025 $ ,353,224 $ 8,651,036 Health District $ 500,000 $ 250,000 TOTAL REVENUES $ 60,836,969 $ 30,479,322 NOTES: 1) It has been assumed that Admin & billing costs will decrease 40% in Scenario#2 2) It has been assumed that Aquifer monitoring budgets will be reduced by 40 % in Scenario#2 3) It has been assumed that the Health District would get$100 k annually for 2005-2010 in Scenario# 1, and$50 k annually in Scenario#2.. - 1 APA Revenues Allocation MO SPK City Annual Proportional Shared I 2004 2005 I Item Inflation Factor after year 2010 2006 2007 2008 2009 2010 2011 2012 2013 2014 2016 1 Admin&Billing 2.50% $ 132,000 $ 135,300 5 381,000 $ 390,525 $ - $ - $ 784,750 $ 763,911 $ 100,000 $ 100,000 $ 138,683 $ 142,160 5 145,703 $ 252,332 8 149,346 $ 153,080 $ 156,907 5 160,829 $ 278,527 $ 164,850 $ 168,971 $ 173,195 2 Aquifer Monitoring and WQ Admin 2.50% $ 240,173 $ 246,177 $ 258,640 $ 265,106 $ 271,734 $ 285,490 $ 292,627 $ 299,943 3 4 City of Spokane $ - $ - $ - $ - 5 - $ - $ - $ - $ - $ - County/Spokane Valley $ 972,972 $ 975,696 $ 978,290 $ 980,748 $ 983,066 ---- ---- ---- ---- ---- 5 _ County 44.76% 5 463,372 $ 464,276 5 465,110 $ 465,871 $ 466,556 6 Spokane Valley 55.24% $ 571,865 $ 572,981 $ 574,009 $ 574,948 $ 575,794 7 Health District $ 50,000 $ 50,000 $ 50,000 $ 50,000 5 50,000 0 0 0 0 0 TOTAL REVENUES 0.87% 5 1,377,750 $ 1,389,735 $1,401,827 51,414,023 51,426,325 51,438,734 51,451,251 51,483,877 $1,476,613 51,489,459 $ 1,502,417 $ 1,515,489 Annual Proportional Share Total 2006-2025 Inflation Factor after year 2010 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 1 Admin&Billing 2.60% $ 177,525 5 181,983 $ 186,513 $ 191,175 $ 195,955 $ 200,854 $ 205,875 $ 211,022 $ 216,297 $ 221,705 $ 3,542,597 2 Aquifer Monitoring and WQ Admin 2.50% $ 307,442 $ 315,128 $ 323,006 $ 331,081 $ - $ 339,358 $ 347,842 $ 356,538 $ 365,451 $ 374,588 $ 383,952 $ 6,135,134 $ - 3 City of Spokane $ - $ - 5 - $ - $ - $ - $ - $ - $ - 4 County/Spokane Valley 44.76% ---- $ 467,163 ---- $ 467,689 ---- $ 468.131 ---- $ 468,467 ---- $ 468,752 ---- $ 468,925 ---- $ 469,001 ---- $ 468,978 ---- 5 468,852 ---- $ 468,620 $ 4,890,772 $ 7,009,782 5 County 6 Spokane Valley 55.24% $ 576,543 $ 577,193 $ 577,738 $ 578,177 $ 578,505 $ 578,718 $ 578,812 $ 578,783 5 578,628 $ 578,342 $ 8,651,036 7 Health District 0 0 0 0 0 0 0 0 0 0 $ 250,000 TOTAL REVENUES 0.87% $ 1,528,673 $ 1,541,973 $1,555,388 51,568,920 51,582,569 $1,596,338 $1,610,226 51,624,235 81,638,366 51,652,619 $30,479,322 Assume that Admin and Billing,and Aquifer Monitoring will decrease by 40%under thls scenario,after Year 2005. And,that the Health Disticl will get 50%allocation for ears 2006.2010. APA Split.xls APA Revenues Allocation W/SPK City Annual Proportional Share Item Inflation Factor after year 2010 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 1 Admin&Billing 2.50% 5 220,000 $ 225,500 $ 381,000 $ 390,525 $ 500,000 5 500,000 $ 1,549,000 $ 1,557,900 $ 100,000 $ 100,000 5 231,138 $ 236,918 $ 242,839 $ 248,910 $ 255,133 $ 261,511 $ 268,049 $ 274,750 $ 281,619 $ 288,659 2 Aquifer Monitoring and WQ Admin 2.50% $ 400,288 $ 410,295 $ 420,553 $ 431,067 $ 441,843 $ 452,889 $ 464,212 $ 475,817 $ 487,712 5 499,905 3 City of Spokane 49.89% $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 51,101,327 51,105,099 51,108,758 5 1,112,301 51,115,722 4 County/Spokane Valley 51,566,633 51,575,190 $1,5133,565 $1,591,748 51,599,733 ---- ---- ---- ---- 5 _ County 22A3% $ 495,144 $ 496,840 $ 498,486 $ 500,078 5 501,616 6 Spokane Valley 27.68% $ 611,039 $ 613,132 $ 615,162 $ 617,127 $ 619,025 7 Health District $ 100,000 $ 100,000 5 100,000 $ 100,000 $ 100,000 0 0 0 0 0 TOTAL REVENUES 0,87% $ 2,750,000 $ 2,773,925 52,798,058 $2,822,401 $2,846,956 $2,871,725 $2,896,709 52,921,910 52,947,331 52,972,972 $ 2,998,837 53,024,927 Annual Proportional Share Total 2006-2025 Inflation Factor after year 2010 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 1 Admin&Billing 2.50% $ 295,876 $ 303,272 $ 310,854 $ 318,626 $ 326,591 $ 334,756 $ 343,125 $ 351,703 5 360,496 $ 369,508 $ 5,904,328 2 Aquifer Monitoring and WQ Admin 2.50% $ 512,403 $ 525,213 $ 538,343 $ 551,802 5 565,597 $ 579,737 5 594,230 $ 609,086 5 624,313 $ 639,921 5 10,225,223 3 4 Oily ofSpokane 49.89% 5 1,119,016 $ 1,122,178 51,125,204 51,128,087 $1,130,823 51,133,406 $1,136,830 $1,138,089 51,140,177 51,142,088 $19,358,105 County/Spokane Valley ---- ---- ---- ---- ---- ---- ---- ---- -••- ---- 5 7,916,868 5 County 22.43% 5 503,097 $ 504,519 $ 622,606 $ 505,879 $ 624,286 § 507,176 $ 625,886 $ 508,406 $ 627,404 $ 509,567 $ 828,837 $ 510,657 $ 630,182 $ 511,672 $ 631,435 $ 512,611 $ 632,594 $ 513,470 $ 7,579,220 $ 633,654 $ 9,353,224 6 7 Spokane Valley 27.68% $ 620,853 Health District 0 0 0 0 0 0 0 0 0 0 $ 500,000 TOTAL REVENUES 0.87% $ 3,051,244 $ 3,077,790 $3,104,567 $3,131,576 53,158,821 5 3,186,303 1 53,214,024 53,241,986 $3,270,191 53,298,842 560,836,969 APA Split.xls Stormwater Utility 6-Year Plan 2010 2011 2012 2013 2014 2015 Total Expenditure $2,381,215 $2,251,259 $2,318,797 $2,388,361 $2,460,011 $2,533,812 ERU's* 84,409 86,097 87,819 89,576 91,367 93,194 Rate $21 $21 $21 $21 $21 $21 Revenue: Property Tax $1,772,591 $1,808,042 $1,844,203 $1,881,087 $1,918,709 $1,957,083 Interest $17,436 $17,785 $18,141 $18,504 $18,874 $19,251 Revenue:APA Fees $500,000 $500,000 $500,000 $500,000 $500,000 NPDES Grant $50,000 $300,000 Fund Balanance** $1,475,612 $1,850,181 $1,893,728 $1,904,959 $1,882,530 $1,825,053 *ERU estimate annual increase at 2% Stormwater Utility 6-Year Plan 2011.xis Stormwater Utility-County Street Maintenance Contract Activity# Description 2004 County Contract 2005 2006 2312 Dust Control Prep $10,292 $0 0 2320 Shoulder Repair $33,480 $0 0 2322 Shoulder Maint/Grader $48,112 SO 0 2330 Gravel/Dirt Rd Grading $18,972 $0 0 2340 Pothole Patching $196,044 $0 0 2340W Winter Pothole Patch $25,296 $0 0 2343 Pavement Removal/Replace $354,144 $0 0 2344 Crack Sealing $151,776 $0 0 2346 Blade Patch Hot $113,832 $0 0 2351 Gravel/Dirt Rd Temp $1,240 $0 0 2413 Light Ditch Cleaning $1,240 $0 0 2511 Bridge Inspection $1,860 $0 0 2512 Bridge Repair-Super $12,648 $0 0 2513 Bridge Repair-Sub $6,324 $0 0 2610 Sidewalk $1,860 $0 0 2611 Curbs $1,240 $1,302 1380.12 2620 Paths $620 $0 0 2645 Guardrail Maint. $15,128 $0 0 2646 Right of Way Fencing $3,224 $0 0 2647 Median Maint. $6,324 $0 0 2661 Liquid Deicing $189,720 $0 0 2662 Sanding $290,904 $0 0 2663 Snow Removal-Roadways $278,256 $0 0 2664 Snow Removal-Sidewalks $6,324 $0 0 2670 Street Cleaning $474,300 $498,015 527895.9 2671 Winter Sweeping $63,240 $66,402 70386.12 2673 Sweepings Cleanup $5,084 $5,338 5658.492 2711 Roadside Mowing _ $12,648 $0 0 2712 Brush Clearing/Tree Trimming $44,268 $0 0 2713 Weed Control--Residual $25,296 $0 0 2713A Weed Control-No Spray $6,324 $0 0 2714 Weed Control--General $37,944 $0 0 2714A Weed Control--Gen No Spray $6,324 $0 0 2716 Pond Maintenance $0 0 2720 Irrigation $8,804 $9,244 9798.852 2750 Litter Pickup $5,084 $0 0 2750D Litter Pickup-Deer $2,480 $0 0 2753 Litter Control $1,240 $0 0 2760 Contour Control $1,240 $0 0 2762 Contour Control--Right of Way $3,844 $0 0 $0 0 1641 Arterial Signs--New $0 0 1644 Traffic--X-walks _ $0 0 2641 Traffic Sign Maintenance $86,056 $0 0 4201 Sign Vandalism $0 0 4202 Accident Repair-Signs $0 0 2642 Traffic Signal Maintenance $278,256 $0 0 4203 Accident Repair-Signals $0 0 C X-Walks&Pvmt Markings $40,424 $0 0 2649 Weight Restriction Signing $1,860 $0 0 2643 Striping $107,508 $0 0 2653 Striping--Prep&Cleanup $0 0 $0 0 9710 DryWell Repair $19,592 $23,510 24921.02 9720 Drywell Cleanout $77,128 $92,554 98106.82 9730 Culvert Repair $6,324 $7,589 8044.128 9740 Culvert Cleanout $3,844 $4,613 4889.568 9742 Swale Maint $3,844 $4,613 4889.568 9747 Curb,Gutter&Inlet Repair $8,804 $10,565 11198.69 9750 Chasing Water $3,844 $4,613 4889.568 9751 Investigation $8,804 $10,565 11198.69 Subtotal $3,113,268 $738,922 783257.5 Page 2 County Engineering Services Contract Administrative (ROW, Street Fi1es,Mapping) $82,705 Bridge Department Services $31,706 Development Review $35,190 Traffic Analysis $75,377 Planning, Grants, Traffic $73,199 Pavement Management $45,465 Enviromental & Swale Maintenance $55,680 $399,322 Unemploy- ment Position Salary Benefits Costs Total % Charge Public Works Director 102,537 25,266 100 127,903 15% 19,185.45 Senior Engineer(Development) 72,656 22,312 100 95,068 30% 28,520.40 Stormwater Engr. 63,415 21,490 100 85,005 100% 85,005.00 Stormwater Tech. 46,231 19,775 100 66,106 100% 66,106.00 Admin. Assistant 31,139 18,326 100 49,565 15% 7,434.75 Total Public Works 315,978 107,169 500 423,647 206,251.60] Largest Sewer Customers in Spokane Valley Sewer ewer Stormwater Property TYPE UNITS/USAGE 2010 ERUs Fee 2011 Fee % INCR Fee Impact 2010 ERU 2010 Fee SW Fees Impact Parkside Mirabeau Apartments 45102.9011 M-F 288 + Rec Rm I 201.6 I $ 90,309 $101,358 12.2 $ 3,750 $ 3,560 $ 3,372 $ 3,011 $ 2,727 $ 2,712 $ 2,701 $ 2,292 $ 2,128 $ 2,024 123.85 $ 2,601 $ 619 $ 506 nla $2,080 $ 336 $ 495 $ 486 $ 379 $ 329 $ 225 Whimsical Pig 45104.9150 M-F 272 + Rec Rm 191.4 $ 84,837 $ 95,255 12.2 101.16 $ 2,124 Central Park Condos 35242.3902 M-F 259 181.3 $ 80,784 $ 90,670 12.2 ? ? Spokane Valley Mall 45116.0310 C 129,488 cf/mo 161.9 $ 71,983 $ 80,996 12.5 415.91 $ 8,734 Cedar Chateau Estates (A) 45151.9016 M-F 208 + Rec Rm 146.6 $ 65,369 $ 73,364 12.2 67.19 $ 1,411 Spokane Hospitality, LLC 45132.9062 C ;116,642 cflmo 145.8 $ 64,846 $ 72,965 12.5 99.00 $ 2,079 Spokane Housing Authority 450959062 M-F 206 + Rec Rm 145.2 $ 64,745 $ 72,664 12.2 _ 97.19 $ 2,041 Whispering Hills LLC 45103.0215 M-F 176 123.2 $ 54,908 $ 61,626 12.2 75.71 $ 1,590 Aspen \Tillage Apartments 45242.0643 M-F 162 + Rec Rm 114.4 $ 51,028 $ 57,268 12.2 65.83 $ 1,382 Cedar Chateau Estates (B) 45151.9025 M-F 154 ± Rec Rm 108.8 $ 48,534 $ 54,469 12.2 45,00 $ 945 Broadway Elementary School 45163.0152 C 10,525 13.2 $ 5,887 $ 6,621 12.5 $ 246 $ 173 $ 484 37.20 $ 781 $ 186 $ 319 $1,508 Bowdish Jr. High School 45282.2501 C 7,450 9.3 $ 4,179 $ 4,698 12.4 63.78 $ 1,339 Central Valley High School 45245.9146 C 20,812 26 $ 11,603 $ 13,052 12.5 301.67 $ 6,335 • Assumed Sewer Rate Increase per year $ 18.60 per ERU Assumed Stormwater Rate Increase per year $ 5.00 per ERU $7,526 $ 8,446 $7,070 $7,938 $6,732 $7,556 $ 5,999 $6,750 $ 5,447 $6,114 $ 5,404 $ 6,080 $ 5,395 $6,055 $4,576 $ 5,136 $4,252 $4,772 $4,044 $4,539 $ 491 $ 552 $ 348 $ 392 $ 967 $ 1,088 Largest Stormwater Customers in Spokane Valley Sewer Stormwater 2010 2011 Fee Impact Property Parcel ERU 2011 SW FEE Fee Impact ERU 1 Sewer Fee Sewer Fee Sullivan Rd Industrial Park 45016.9051 3662.91 $ 76,921 $ 18,315 752 $ 364,028 1 $ 406,441 $ 13,987 n!a $ 256 n/a $ 3,804 $ 383 n/a n/a $ 484 n/a Kaiser Aluminum 45116.9040 2952.86 $ 62,010 $ 14,764 No Account nla 1 nla Montgomery Reality(University&Montgomery)-Grocery Distribution Center 45095.9058 35131.1208 529.20 423.40 $ 11,113 $ 2,646 $ 8,891 $ 2,117 13.75 $ 6,151 $ 6,917 Burlington Northern Railroad No Account nla n/a Spokane Valley Mall 45116.0310 415.91 $ 8,734 $ 2,080 204.5 $ 91,059 $ 102,328 Central Valley School District-University Highschool,Horizon Jr High,Chester Bern 45342.91.45 35143.0303 45123.9007 384.40 321.89 316.14 $ 8,072 $ 1,922 $ 6,760 $ 1,609 $ 6,639 $ 1,581 _ 20.6 $ 9,200 $ 10,348 Spokane County Fairgrounds No Account nla nla Central Pre-Mix Sullivan Rd Plant No Account nla n/a Central Valley School District-CV Highschool 45245.9146 301.67 $ 6,335 $ 1,508 26 $ 11,603 $ 13,052 Spokane County Fairgrounds 35143.0101 268.88 $ 5,646 $ 1,344 No Account nla n/a Assumed Stormwater Rate Increase per year $ 5.00 per ERU Assumed Sewer Rate Increase per year $ 18.60 per ERU CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 14, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin.report ❑ pending legislation AGENDA ITEM TITLE: Gang Awareness: Gang Enforcement Team Presentation GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Informational BACKGROUND: Spokane Gang Enforcement Team member Detective Brad Richmond will give a presentation on their unit and gang activities in the Spokane Valley area. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Chief Rick VanLeuven ATTACHMENTS Presentation GANG TRENDS PRESENTATION TO THE SPOKANE VALLEY CrrY COUNCIL DECEMBER 14T" , 2010 iy r I Va WA 2003 PRESENTED BY SERGEANT MICHAEL KITTILSTVED DETECTIVE BRAD RICHMOND SPOKANE VALLEY POLICE DEPARTMENT GANG UNIT SPOKANE VIOLENT CRIME & GANG ENFORCEMENT TEAM Why we are here : • Gang violence is in epidemic proportions • Gangs use children to facilitate crimes • This culture of violence is indiscriminate • The effects of Gang and Drug Culture are particularly damaging to children SVCGET MISSION • Track Criminal-Gang activity and trends • Track Criminal-Gang member • Assist Investigators / Detectives • Actively investigate gang crimes • Develop and share intelligence • Provide gang training"1111112WP • Work with community organizations with Prevention and Intervention strategies • •• 41PraP. • 4 '1 4 • - \ "All that is necessary for the triumph of evil is that good men do nothing " Edmund Burke • Collaboration with FBI — Funding — Federal authority — Technology and assets that are unavailable otherwise — Stiff Sentences for the most violent, career offenders GRAFFITI • Calls are handled by Crime Check or SVPD Patrol officers if contacted directly • Reports are referred to the Graffiti Coordinator • Requests for photographs, if needed , are sent to SCOPE • Gang related graffiti reports are forwarded to the Gang Unit • Realities: Only about 10% of graffiti in Spokane Valley appears to be gang-related . The presence or lack of gang graffiti in Spokane does not have a strong correlation to gang-related crime compared to other similar sized cities. .00 • ,41'*4'14.' 9.04`,7-z-44-4•41,- tr Graffiti 1' pi. 111\ 410 " 4 4 • No specific message • Proprietary name/identifier • Conquest and Bragging rights • Artistic • Specific mean ng COLLABORATIVE EFFORTS • INTERVENTIONIPREVENTION — NEWESD 101 Grant — Greater Spokane Substance Abuse Council — Crosswalk/Volunteers of America — NW Gang Investigators Association — Monthly School Security meetings T 1' • ra! J. 1 r ' ' 7• �■ ■ � • 19MMUlielitY. MAP f • 10et involved vern6int nvo I• • Expand opportunities for community children • Need community-run programs-"for Prevention and Interventiorr" • Educate yourself and others Crilm P;2.11 _, . ■ 1 ommuflity ' InvO V16fl • Discuss the issues with your peers/family • Participate in Blockwatch/SCOPE • Contact your legislators - lawmakers • Zero tolerance on gangs / drugs _ _ ... d6. . 1 11 . . .. :FP:4g 1 .7: 17.hi .2 _ f • m= lit:r) -1,14°P . - ■ ommunity Inv�lvement • Build personal assets among youth • Providing facilities for youth programs • Establish a secure group home for At-Risk youth • Become active in youth affairs . er • HISTORICAL BACKGROUND OF GANG ACTIVITY IN SPOKANE VALLEY • CURRENT TRENDS IN SPOKANE VALLEY • REPUTATION OF " LIVE HERE, WORK HERE, PLAY THERE" — Burns/Morris/Villanueva • NWGIA AND GANG EDUCATION — Educators — Mental Health Professionals — Social Workers — School Security — SCOPE - ti er GANG RECRUITING • 41 . 1 % Neighborhood • 22 . 3 °/a School environment • 18 . 6 % Correctional institutions • 17 . 9 °/o Parties WE WILL NEVER EVER ARREST OUR WAY OUT OF A GANG PROBLEM ENFORCEMENT STRATEGIES • SURENO ENFORCEMENT OPERATION (2006-2007) — Year long investigation — Majority of subjects lived and committed crimes in Spokane Valley — 32 firearms seized — Several pounds of narcotics seized — 13 Federal Defendants • OPERATION HYBRIS (2007-2008) — 20 month investigation — 31 Federal Defendants — All subjects pled guilty due to excellent investigative techniques • OPERATION ARCH ANGEL (2009-2010) — Multi-year investigation — 19 Federal Defendants — 30 State defendants Questions ? Contact Information : Sgt. Michael Kittilstved 509 . 323 . 7461 Det . Brad Richmond 509 . 323 . 7467 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12-14-10 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑old business ❑ new business ❑public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Draft Resolution 10- Amending Resolution 09-012, Governance Coordination Manual PREVIOUS COUNCIL ACTION TAKEN: Council generally reviews the Governance Coordination Manual annually to determine if there is a need to make any changes. The last update of the manual was September 2009. The Governance Committee met November 22, and these are their recommendations. The following section is just one proposed change for the manual, but as time is a factor, Council determined to address this issue now: 3.06 Voting and Tele/video Conferencing. The votes during all meetings of the Council shall be transacted as follows: (a) Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice, except that at the request of any Councilmember, a roll call vote shall be taken by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. (b) In case of a tie vote on any proposal,the motion shall be considered lost. (c) Every member who was in the Council chambcrmpresent when the question was put, shall give his/her vote unless the Council, for special reasons, shall excuse the member by motion. If any Councilmember refuses to vote "aye"or"nay,"their vote shall be counted as a"nay"vote unless the Councilmember is abstaining due to actual, or appearance of, a conflict of interest. (d) The passage of any ordinance, grant or revocation of franchise or license, any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. (e) The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity or violence of nature or riot or insurrection or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.030), and provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote of at least a majority plus one (1) of the whole membership of the Council. (RCW 35A.13.190) In the event calamitous conditions should prevent assembly of such majority through pandemic, death, injuries or other emergency, the provisions of RCW 35A.13.035 may be invoked. (f) The passage of any motion or resolution not subject to the provisions of Washington law, the Spokane Valley Municipal Code, or this Resolution as amended requiring a "super majority" for approval, shall require the affirmative vote of at least a majority of the membership of the Council who are present and eligible to vote. (g) 1. Tele/video conference participation by Councilmembers may be allowed provided technical availability and compatibility of electronic equipment shall enable the Councilmember to hear the proceedings,be heard by those present and participate in Council discussion. (a) Requests to use tele/video conference participation shall be limited to extraordinary circumstances or emergencies and must be approved by the Council. This shall be done by motion at the beginning of the meeting for each request made to participate through the use of tele/video conferencing. Such participating Councilmember(s) should be present and counted. In such case, adequate equipment must allow the tele/video conference participant to engage in Council discussion and be heard. Telephone/computer system charges are to be at the Councilmember's own expense, unless waived in the Council motion. Adequate notice must be given to allow hookup in time for the main agenda. (b) No tele/video conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings. Video conferencing may be permitted upon a majority vote of the Council present at the meeting site for such proceedings provided that all documents and exhibits are clearly visible and legible to all participants and provided that a video and audio record of the videoconference is made and provided to the clerk. The cost of such videoconferencing and record thereof shall be paid by the Councilmember requesting videoconferencing,unless waived by vote of the City Council. (c) Examples of extraordinary circumstances include but are not limited to emergencies or illness, accidents or unforeseen urgent business. RECOMMENDED ACTION OR MOTION: Council consensus to place the draft resolution with the above changes, on an upcoming Council agenda for approval consideration. BUDGET/FINANCIAL IMPACTS: STAFF/COUNCIL CONTACT: City Manager Mike Jackson ATTACHMENTS None DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of December 8, 2010; 3:00 p.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings Thursday,Dec 16; 11:30-1:30;Lunch meeting w/Lobbyist B. Taylor, Reps Shea& Crouse, Conley's Restaurant December 21,2010, Christmas Week(confirmed,no meeting) December 28,2010,Formal Meeting Format,6:00 p.m. [due date Mon, Dec 20] 1. Consent Agenda: Minutes, Claims,Payroll (5 minutes) 2. Proposed Resolution Amending Governance Manual (televideo participation)—Mike Jackson(10 min) 3. Acknowledgement of Outgoing Committee Members' Participation—Mayor Towey (10 minutes) 4. E-Cigarette Update— Cary Driskell (15 minutes) 5. Animal Control Update—Morgan Koudelka (25 minutes) 6. Info Only: Energy Efficiency&Conservation Block Grant(EECBG) Status Report(Mary May); Department Reports [*estimated meeting: 65 minutes] January 4,2011, Study Session Format,6:00 p.m. [due date Mon,Dec 27] 1. Emergency Comp Plan Map Amendment—Karen Kendall (15 minutes) 2. Advance Agenda (5 minutes) [*estimated meeting: minutes] January 11 2011,Formal Meeting Format,6:00 p.m. [due date Mon,Jan 3] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. First Reading Proposed Emergency Ordinance Amending Comp Plan Map—Karen Kendall (10 minutes) 3. First Reading Proposed Emergency Ordinance Amending Comp Plan Zoning Map—K.Kendall (5 minutes) [*estimated meeting: minutes] January 18,2011, Study Session Format,6:00 p.m. [due date Mon, Jan 10] 1. Advance Agenda (5 minutes) [*estimated meeting: minutes] January 25,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Jan 17] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance Amending Comp Plan Map—Karen Kendall (10 minutes) 3. Second Reading Proposed Ordinance Amending Comp Plan Zoning Map—Karen Kendall (5 minutes) 4. Admin report: Code Text Amendment,Adult Retail Uses—Lori Barlow (15 minutes) 5. Info Only: Dept Reports [*estimated meeting: minutes] February 1, 2011,Study Session Format,6:00 p.m. [due date Mon, Jan 24] Draft Advance Agenda 12/9/2010 3:50:35 PM Page 1 of 3 February 8,2010,Special Mtg: Winter Retreat, 8:30 a.m.—3:30 p.m. CenterPlace [due date Mon Jan 31] Tentative topics include: Economic Development Snow Removal Business Work Plans Law Enforcement Goals Budget Goals February 8,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Jan 31] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. First Reading Proposed Ordinance Amending Adult Entert.(Retail)—Cary Driskell (10 minutes) 3. Admin Report: Chickens in Residential Areas—Kathy McClung (15 minutes) [*estimated meeting: minutes] February 15,2011, Study Session Format,6:00 p.m. (possible no meeting) [due date Mon,Feb 7] February 16-17: City Legislative Action Conference(CLAC) Olympia, Washington February 22,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Feb 14] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance Amending Adult Entert.(Retail)—Cary Driskell (10 minutes) 3. Info Only: Dept Reports [*estimated meeting: minutes] March 1,2011,Study Session Format,6:00 p.m. [due date Mon,Feb 21] March 8,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Jan 28] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) NLC Congressional Conf, Wash.,D.C. March 12-16 March 15,2011, Study Session Format,NO MEETING_(Council attends NLC Conference) March 22,2011,Formal Meeting Format,6:00 p.m. [due date Mon,March 14] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Info Only: Dept Reports ['estimated meeting: minutes] March 29,2011, Study Session Format,6:00 p.m. [due date Mon, March 21] April 5,2011, Study Session Format,6:00 p.m. [due date Mon, March 28] Draft Advance Agenda 12/9/2010 3:50:35 PM Page 2 of 3 April 12,2011,Formal Meeting Format,6:00 p.m. [due date Mon,April 4] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) April 19,2011,Study Session Format,6:00 p.m. [due date Mon,April 11] April 26,2011,Formal Meeting Format,6:00 p.m. [due date Mon,April 18] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Info Only: Dept Reports [*estimated meeting: minutes] OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Alternative Analysis (contracts) Bidding Contracts (SVMC 3. —bidding exceptions) Budget 2012 (August/Sept 2011) Capital Projects Funding CDBG(Fall 2011) Centennial Trail Agreement Clean Air Agency Comp Plan Amendments 2011 (March/April) East Gateway Monument Structure # Governance Manual (resolution) Update Lodging Tax Funding for 2012 (Oct 2011) Milwaukee Right-of-way Outside Agencies 2012 (August 2011) Parking/Paving Options(for driveways, etc.) Permit Tracking System Railroad Quiet Zones Reimbursement Assessment Amendment Retreat, Summer 2011 Signage (I-90) Site Selector Update Solid Waste Amended Interlocal Speed Limits Sprague Appleway Corridor Environ.Assessment Sprague Avenue: One-way vs.two-way Street Maintenance Facility Transp Improvement Plan (6-yr,May/June 2011) WIRA,Water Protection Commitment,public education # =Awaiting action by others * = doesn't include time for public or council comments Draft Advance Agenda 12/9/2010 3:50:35 PM Page 3 of 3 **Corrected version -inaccurate information was previously included for the 2009 To Date stets** 2010 OCTOBER CRIME REPORT To date: Yearly totals: Oct-10 Oct-09 2010 2009 2009 2008 2007 2006 2005 2004 BURGLARY 71 65 797 582 725 753 584 714 744 997 FORGERY 35 29 295 258 297 354 365 334 464 465 MALICIOUS MISCHIEF 96 133 1038 1090 1245 893 1,265 1,122 904 1,224 NON-CRIMINAL 80 71 763 751 892 944 839 811 749 916 PROPERTY OTHER 83 79 698 771 933 828 890 982 1,154 1,665 RECOVERED VEHICLES 27 16 324 154 187 319 343 403 333 390 STOLEN VEHICLES 41 25 421 232 298 496 478 711 603 577 THEFT 214 196 1949 1827 2162 1,846 1,881 1,888 2,256 2,853 UIOBC 1 2 3 4 4 4 8 11 8 10 VEHICLE OTHER 1 0 2 5 5 7 3 3 5 40 VEHICLE PROWLING 98 107 1168 701 920 1069 682 937 958 1,382 TOTAL PROPERTY CRIMES 747 723 7,469 6,375 7,668 7,513 7,338 7,916 8,178 10,519 ASSAULT 79 77 776 795 927 869 853 846 894 880 DOA/SUICIDE 15 21 165 168 210 269 221 167 159 164 DOMESTIC VIOLENCE 96 99 1055 990 1226 1063 874 736 762 755 HOMICIDE 0 0 1 2 3 3 1 5 1 5 KIDNAP 1 0 14 17 21 16 23 22 35 24 MENTAL 26 24 253 262 310 360 350 425 425 386 MP 5 11 109 101 115 95 83 88 97 106 PERSONS OTHER 145 123 1454 1377 1621 1,354 1,337 1,159 1,256 1,624 ROBBERY 7 3 49 56 75 71 60 58 56 58 TELEPHONE HARASSMENT 18 12 127 134 159 95 73 83 92 190 TOTAL MAJOR CRIMES 392 370 4003 3,902 4,667 4,195 3,875 3,589 3,777 4,192 ADULT RAPE 7 5 40 34 35 44 43 29 39 37 CHILD ABUSE 13 8 99 129 159 148 104 78 101 126 CUSTODIAL INTERFERENCE 20 13 167 142 157 86 92 105 88 205 SEX REGISTRATION 0 1 1 2 2 3 4 3 6 4 INDECENT LIBERTIES 0 1 6 9 10 11 18 15 9 21 CHILD MOLESTATION 5 1 38 23 35 66 46 69 67 77 CHILD RAPE 4 0 22 30 35 39 31 62 35 30 RUNAWAY 59 33 408 379 440 369 295 309 311 437 SEX OTHER 19 19 185 184 211 179 194 203 181 162 STALKING 1 1 14 12 15 21 17 17 27 35 SUSPICIOUS PERSON 19 17 179 152 175 142 152 177 244 341 TOTAL SEX CRIMES 147 99 1159 1096 1271 1,108 996 1,067 1,108 1,475 DRUG 44 58 472 569 670 838 807 665 891 999 ISU OTHER 1 0 2 0 1 0 1 0 0 1 TOTAL ISU 45 58 473 569 671 838 808 665 891 1,000 TOTAL TRAFFIC REPORTS 268 265 2611 2,624 3,183 3,811 3,800 3,345 2,403 2,776 TOTAL REPORTS RECEIVED 1,599 1,515 15,715 14,566 17,460 17,465 16,817 16,582 16,357 19,962