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Home My WebLink About2007, 02-06 Special Regular Meeting AGEND.1 SPUKANE VALLEY Ci7'Y CUGTICIL SPECIAI. MFE'1'ING Council Mccting i1109 Tuesday. Fcbruary 6,2007 6:00 p.m. CITY HALL AT REUWQOI) PI.A'LA 11707 East Spraguc Avenae, First Ftoor Conncfl Reqoests All Electronic DeFices be Turned Oft During Cotiocil Meetlng CALL TO ORDER• IHYOCA'IZON: E'astor iaarrc1l CoEc, Spoknne VaItcy Weslvyun Church E'LEDGE OF AI.LEGIANCF.: I2ULG 4'ALL: APPROVAL OF AGFNDA: INTR()DUCTION C)F SPECtAL G[IESTS AND PftESE:NTATION5: GON11►-i1'[TFF.. BOARI), I.,IA[50N SLTMMARl' REPORTS: MAYUR'S RFPORT: PLTIiLIC CUNLiiENTS: Except whezu indicated below for "pnbiic comment" this is ui opportunity for the public to sEieak on any topic. When you come to the podium, plcase state your name and alclress for lho record end limit rcmarks tn ttuec minutes. l. CONSENT AGENDA: Consists of itrms rongide.rcd tautine which nrr approved ps a gmup. A Councilmcmtx-r may removc an rtem fram thc Consent Agcnda to bc con.r•idcred scparutcly. z. Fallowing Cluim Vouchers: VUt1Ci-[F-R I.iST DATE VOUCEIL•R #s TOTAL VUUCt-ER AM01'NT O 1- l 6-2007 10824-10900 907,314.11 lll -22-2007 1001-10456 216,503.79 GRANU 1'OTAI. 1,123.817.90 b. Pa}zoll for Pcriod Ending Jttnunry 31, 2007: $239,510.62 c. Minutrs of Jnnuary 23, 2007 Regular Cauncil Meeting d. Minutas oFlanuFUy 27, 20(17 Council/Staff Rctrcai e, Appmvnl of Amended Student Advisory Byfaws f. Apprnval of Geigcr Camc--tions Ccntcr Work Crow Serviccs Agrzamcnt NE W pUSINES§ Second Rrasiing Propascd Onlinunce 07-003 Amending Dangcrous Dog Appeal Procrdures - Cary I?riskell [public cammcatJ 3. Motion Considerution_ 5enske Contract Approval - Mike Jackson [public rommeat] PUBLIC COMMFNT5 Exrept where indicated ebove for "pubijc commeat" this is an appurtunity for the public to speuk on any topic. When you come to tht puciium, pleaw stntc ti•aur name nnd sddr+ecs for the nrcord and limit remarl:s to three minutes. Cutt;trtl :'l,rnd.i 112-{)6•07 Spcei:J \t:c,in:; ut' AD114INLS'TRATIVE t2EPORTS: •i. Wttstevvatec Upclatc - Bruce Kawls tiJoknne County Comprehensivc Solid Waste Mnna,grmrnt Pl;in 1_fptlilir -Suuanne Trrsk"! IJamon Taam 6. Cuntracis and Purchasing Proceclures - C.ary Lhis~, : CcntcrPlnce Reglonal Marketing und Cumn i ~ ~ : ~ ~ ~ ~ ~ ; ~ (~~tii~~ ''~~n,•}1~~,• ~i.-~t.:i~ 1~IfJ 7j1 l~.t~~~~~. !\ll►liN f.\11(i,ti' ON 1.1 : 9. Spokane (;ounty Librar; 10. Valleyfest Annuul C;Exiate - NeMy Uuering 11. Spolcnne Regional Transportxtion Council (SR r r-; i tf,. 1? If)n? 5;~.~cr PIV:hsJ: k:XECG TIYf: Sx:55l4 A1)JO[TRNMEM1'T ! 11 hl:.S'('/f£I) L1_L Regu/vr C'ounri! Meetin;;_, urt• ge1reral& Ircld 2irdaud -f`" 7 rteml;i~ ht',;irining u! I,: ilr! jp.irj. Corurci/ S1ud~, Sessfons are genrrally btld I";P and Sth Tuesduys, bc*girinlreg a1 b: 04 p. nr. 1V!`SI':1v. FCbT'L'3fV 11,'-007• N„ N1CCflfl2 (A-nClm1on t~~`~~11~}tl!?t?l~_~Il C1tICS C(IilfCrlP,;:C 11!l: '1 I• if;;L':t ~ 1ii<' N~'1 ~ i';'!7i` S~~_r y,ueARUlew v r4%,i l~ion Plan l'ubii, ilturs, N1arch 1.2007: Spccinl !oinl Cour.cil l'l.uiniIsk t_,-,►iinii_5wti Nltu. 5_p.;a ' • h:C)TI(T. !nAiN I-jllH]srlianinglO:lnC1td'`IC'1tCc'[Ihl' K'1tn fCqllIIr TCC1ti) ;;.1''~L.. 11':1:''u' Oi . r1I1C. CITY OF SPOKANE VALLEY Request for, Council Action Meeting Date: 02-06-07 City Manager Sign-off: Item: Check all that apply: x consent 0 old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHTR 1.,IST DA'I E VOUCHC:R #s TOTAI., VOUCHEI2 AMOUN"1 01-16-2007 I 10824-10900 ~ 907,314.11 ~ 01-22-2007 I 10901-10956 216,503.79 N G1tAND TOTAT.. I 1,123,$17.90 I ~ RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. . BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Amy Sienknecht ATTACHMENTS Voucher Lists ~ . , , . 1 ' \ vchlist Voucher List . Page: 1 10111612007 3:28:27PM , Spokane, Valley . "Bank code: apbank - Vouchcr. Dato Vcndor Invoice ' PO # DescriptioNAccount Amount 10824 1/912007 000649 WSBA WSBA#24087 ' UCENSE RENEWAL 414.00 . . ' ' Total: 414.00 10825 1/9/2007 000649 WSBA WSBA#12448 LICENSE RENEWAL 414.00 Total: 414.00 10833 1112l2007 001222 WSU URBAN IPM & i'ESTICIDE, SAFEIY 01122007 REGISTRATION FOR 6RANDT COL 120.00 , - Total : 1201.00 10834 1/16/2007 000921 A TO Z RENTALS 81969 RENTAL OF 3-LECGEQ EASEL 91.22 , Contract 64730 RENTQL FOR EMPLOYEE APPRECI 121.63 Total: 212.85 10835 1/1612007 000197 AIR INC. 125314 BACKGftOUND,CMECKS FOR NEW 75.00 • ' ~ Total: 75.00 . . . 10836 1/16/2007 000150 ALUED'FlREA SECURfTY SVC281600 QUARTERLY BILLING 111.00 SVC284491 PROX CARDS FOR CENTERPI.ACE 84.17 • • , . . . . T,ata1: 195.17 10837 1116/2007 001039 AMERICAN BUILDING MAIN'fENANCE 3571188 - 41396 ' JANITORIAL SERVICES 495.00- ' Total: 495.00 10838 - 1/1612007 000050 APA = INLAND EMPIRE SEC710N 01092007 41459" SEPA REGISTRA710N 110.00 Total : 110.00 10839 1/16/2007 001012 'ASSOCIATED BUSINESS SYSTCMS 35545A' ~41383 RICOH AFICIO 240W FOft SUITE S: 12,399.95 . Total : 12,399.95 10840 1/16/2007 040030 AVIS7A UTILITIES 01102007 BILLING DATE 12I27f2008 7,861.96 • ' Total : 7,861.96 10841 111612007 040918'BLUE RIBBON LINEN SUPALY, INC. - 8780683 SERVICES'FORCEN7ERPLACE 374.37 • 8782620 . SERVICES FOR CENTERPLACE 361.14 . Totai : 735.51 10832 1/16l2007 004907 BU{LDING MAINTENANCE SUPPLY . 39237 SUPpLIES FOR CENTERPLACE 248.24 . Page: 1 vchlist Voucher List Page: t2 0111612007 3:28:27PM Spokane Valley . - . ' Bank code : apbank _ `J~~c.s•~.- r?2~ `Jer.dor . l~,,a~ce PO# DP.SGripbOril.4CP7:!ntN ...r•: • , ' - '•j -.U ' ~ '.,,r,. . v:C'..:rl t._ _ ..t • c - _ . , . , :_,rJ..~ 10843 1118/2007 001022 CARR SALFS CO. 836299 SUPPLIES FOR CENTERPLACE 29.16 • Ti ofal : 29.16 10844 1/16J2007 000101 CD1iVG cvih7634 41434 FIBER PATCH CORDS 174-22 cxvt3978 . 41434 F18ER AATCH CORDS 56.51 • •Total : 230.73 14845 1/1k007 000143 CITY OF SPOKANE 01112007 BILLING DATE 12/28/2006 3,476.73 , Total : 3,476.73 • 10846 111612007 000957 COBALT TRUCiC EQUIPMENT 20381 ' PARSS FOR FORD F254 2.41 Total: ' 2.41 10847 1!1612007 000571 CODE PUSLISHING COMPANY 27419 SUPPLEMENT UPDATE DEC. 2006 82.69 . 27423 UPDATE FOR NtJV.-DEC. 2006 26.11 ' - 27551 - , ELECTRON{C UPDATE • . . 114.24 Total : 223.04 10848 1I1612007 000109 COFFEE SYSTEMS INC 46422 COFFEE ORDEF2 12129106 FOR CEIs 23.84 . • , 461365 - • . Coffee order on.1112107; Order . 149.08 , . . Total : 172.92 10849 111612007 000606 COLUMBIA FIBER SOLUTIONS 444 , FIBER LEASE _ 228.06 • Total : . 226.06 10850 1l16/2007 000508 CONOCOPHILLIPS FLEET 870166725612 . , ACCOUN7 SUMMARY BILLING 1,475.27 . • - ' ' Total: 1,475.27 10851 1/16J2007 001218 DEEBLE, FRANCESCA 01112007 . . REIMBU'RSEMENT . 31191 . . . ' Total : 31.91 14852 1l16I2007 000136_ DEPARTMENT OF INFO SERVICES, STA' 2006120212 . . . • COMPU;i'ER,SEFtVICES 42•72 Total : 42.72 10853 1116/2007 000686 DEPARTMEN7 OF LICENSING 00000064 2008 MLS CREDIT CARD FEES 59.84 • , . Total: 59.80 • , - . - e: 2 / l • ' ~ . ; J vch-list J :Voucn'er,List Page: 3 0111612007 3:28:27PM Spokane Valley Bank code : apbank Voucher Dato Vendor • , ' ' Invoice • PO # DescripiionlAccount Amount 10854. 1/16/2007 000693 DEPT OF INFORMATION SERVICES, STE 2006120212'• 41431 QUO7E N0. 0034-06 AUTOCAD AN! 3,210.66 . Total : 3,210.66 10855 1/1612007 000645 ECONORTHWEST 8658 'PROFESSIONAL SERVICES l'HROI 48,524.00 • • • ' • Total : 48,524.00 10856 1116/2007 000171 GEIGER-CORRECTIONS CENTER 41500166 • OCTOBER, 2006 MOUSING INVOICE 14,413.25 41500174 NOVEMBER, 2006 HOUSING INVOIt 21,195.06 41540184 DECEMBER, 2006 HOUSING INVOIt 21,934.14 Total : 57,542,45 10657 1116f2007 000007 GRAINGER 9264349122 41301 GRAINGER - MISC. NEEDS 153.65 9264895110 41444 SAFETY EQUIPMENT 66.42 . • Total : 220.07' 10858 1/16/2007 004849 GRIFFI7H, DEANNA 01102007 . REIArIBU12SEMEN7 , 34.50 ' - Total : 34.50 10$59 1116l2007 000009 HEWLETf-PACKARD COMPANY 22052989-001 PRINTER FOR PUBLIC WORKS 6,655.01 ' ' ' ' • Total: 6,655.01 10860 111612007 000022 INLANQ BUSINESS PRODUCTS, INC. 54441 EMPLOYEE ID 21.72 ' - " . - 54444 EMPLOYEE ID - 21.72 • 54643 EMPLOYEE ID CARD 21.72 54649 EMPLOYEE ID CARD 21.72 ' • Total: 86.88 10861 1/16/2007 000070 INLAND POWER AND LIGHT CO 01112007 BILLING DAl'E 12/28/2006 38.38 01112007 • BILUNG DA7E 1212812005 54.36 ~ 01112007 • SILLING DA7E 12128/2006 12529 ' 01112007 BILLING DATE 12/28/2406 201.60 Total : 419.63 10862 111612007, 000353 IN7ERNATIONAL TRADE AL'LIANCE csv2006 4TH QUARTER PAYMENT 3,500.00 Total: 3,500.00 10853 1/1612007 000388 IRVIN WATER DIST. #E6 01122007 ACCOIlNT NtfMBER: 112500.0 300.59 Page: 3 vchlist Uoucher L'ISt . Page: a 4 _ 01/1612007 3:28:27PM Spokane Valley . , Bank code : apbank Voucher Date Vendor Invoice - PO # DescriptionlAccount Amount 10863 1/16/2007 000388 000388 IRVIN WATER DIST. #t6 (Continued) . Total : 300.59 10864 111612007 000117 JOURNAL NEWS PUBLISHING INC. 28560 ADVERTISING 49.20 28563 ADVERTISING 37.50 28564 ADVERTISING ' 90.00 28565 ADVERTISING 87.00 - - - ' 28566 . ' - ADVERTISING 59.25 50011 . ADVERTISING 100.00 ' • Total: 422.95 10865 1/16f2007 000786 K& N CLECTRIC MOTORS, INC. 0080855 41440 QUOTE N0. 0035-06 K8N PUMP IN: 276.53 ' • ' • Tota) : 276.93 .10866 1/16l2007 000755 LEAGUEbF OREGON CITIES 4712 • ' WEBADS 50.00 Total : 50.00 10867 1/16/2007 000993 LES SCHWAB TIRE CENTER 01122007 VEHICLE NIAINTENANCE 1,162.51 Total : 1,162.51 , 10868 111612007 000258 MICROFLFJC INC. 40016738 TAXTOOLS SOFfWARE RENTAL-Di 341.63 ' Total : 341.63 10869 1/18/2007 000132 MODERN ELECTRIC WATER COMPANY 0001 , . ACCOUNT NUMBER: 04500-01 • 78.70 00010 . ACCOUNT NUMBER: 04792-02 47.40 . . a04ti ti ACCOUPIT NUMBER: 04836-02 74.58 00012 ACCOUN71dUMBER: 04966-02 5,546.10 00013 ACCOUNT NUMBER: 04971-01 147.60 . 00014 ACCOUNT NUMBER:- 06811-02 47.80 • 00015 ACCOUNT NUMBEft: 07099-02 62.46 . OOD16 ACCOUNT NUMBER: 07247-02 ~ 59.52 • 00017 • ' ACCOUNT NUMBER: 07850-02 51.59 • _ 00018 ACCOUNT NUMBER: 07861-02 44.85 00019 ACCOUNT NUMBER: 08297-02 • 59.67 0002 • ' ACCOUNT NUMSER: • 04515-02 32.90 ' 00020 ACCOUNT NUMBER: 08343-02 65.40 - 00021 ACCOUNT NUMBER: 09779-01 224.00 00022 ACCOUNT NUMBER: 09909-02 63.85 . Oa023 - ACCOUNT NUMBER: 09910-02 15.10 e: 4 ~ . 1 vchlist VOU~ ;List Page: 5 01116I2007 3:28:27PM . Spokane Valley Bank code : apbank . Voucher Date Vendor , ' • Invoice • • PO # DescriptionlAccount Amount 10869 11161'2007 000132.:MODERN ELECTFtIC WATER COMPANY (Continued) ' • 00024 ' ACCOUNT NUMBER: 09911-02 50.00 00025 ACCOUNT NUMBER: 09963-02 3526 ' 00026 - ACCOUNT NUMBER: 10031-02 11.20 00027 • ACCOUNT NUMBER: 10038-01 46.50 00028 ACCOUNT NUMBER: 10039-01 28.30 00029 ACCOUNT NUMBER: 'i0040-01 2$,30 0003 ACCOUNT NUMBER: 44553-01 • 68.10 ' 00030 • ACCOUNT NUMBER: 1Q041-01 28.30 ' 00031 ACCOUNT NUMBER: 1Q042-01 21.65 ' 00032 ACCOUNT NUMBER: 10U49-02 38.45 00033 ACCOUNT NUMBER: 10176-01 21.65 • 0004 ACCOUNT NUMBER: 04556-1 88.45 , , . 0005 ACCOUNT NUMBER: 04605-02 38,65 ' 0006 ACCOUNT NUMBER: 04639-02 40.50 ' 0007 ACCOUNT NUMBER: 04569-02 42.25 • OOQB ACCOUNT NUMBER: 04691-02 , 38.E35 0009 • ACCOUNT NUMBER: 04745-02 51.50 01192007 BILLIPIG DATE 12/27/2006 35.18 01112007 BILLING DATE 12/2712006 32.00 • • 01162007 ACCOUNT NUMBER: 0978402 998.70 Total : 8,361.11 10870 1116l2007 001035 NENIORK DESIGN & h9A.NAGEMENT 14805 NEW,.INTERNE'I' CIRCUI7 260.00 14815 41449 CISCO CA7ALYS 4500 GIGABIT 2 P . 869.91 . _ , . 14827 INTERNEi' CONVEF2S10N 227.50 Total : 1,357.41 10871 1116/2007 000652, OFFICE DEPOT INC. 357557879-001 , -41433 OF.FICE DEP07_ 168.61 367587967-001 41433 . OFFICE DEPOT 5.60 368009720-001 41433 OFFICE pEF'07 96.10 • • . 368889775-001 41452 BROTHER PRIN7ER/COF?IER SUPP 339.64 Total : 609.95 10872 1/16I2007 000307 OFFICE OFTHE.STATE 7REASURER 01122007 ' CASM RECEIPTS JOURNAL SUMME 49,637.78 - - _ • • . . . - Total : 49,637.78 Page: 5 vchlist ' . Voucher List Page: , 6 0111612007 3:28:27PM Spokane Valley . , Bank code : apbank • Voucher Date Vendor . . • Invoice . PO # DescriptioNAccount Amount 10873 1116/2007 000512 OFFICETEAM 17307907 • SERVICES FOR KIMBERLY WILLIAP 655.88 17332900 . • SERVICES F0R KIMBERLY, WILLIAP 396.00 . • • 17496081 • SERVICCS FOR KIMl3ERLY WILLIAr- 660.00 . ' 17540154 ~ SERVICES FOR CENTERPLACE 604.80 17572329 • SERVICES FOR KIMBERLY WILLIAP 598.13 ' Total : 2,914.81 10874 1/16/2007 000119 PIP•PRINTING INC. 130036628 POSTCARDS FOR COMM. DEV. 1,199.21 • 1330036392 BUDGET SOOKLET PRINTING 1,342.71 • Total : 2,541.92 10875 1/16/2007 . 001089 POE ASPHALT PAViNG, INC. 42217 , 41325 CONTRACT N0.06-019 POE ASI'HA 2,892.65 ' ' . Total : 2,992.65 10876 1/1612007 00 U494 PRO PEOPLE.STAFFING SERV INC. 19,148 _ SERVICES FOR CEPJTERPlACE 1,110.78 19,344 SERVICES FOR CEtdTERt'LACE 1,157.43 • . Total : 2,268.21 10877 1116l2007 000322 QWEST 41082007 ACCOUNT: 509-228-0669 0153 160.15 . Total : 160.15 10878 1/1612007 000358 REGOR, NINA 01092007 REIiV1BURSEMENT 96.12 Total : 96.12 10879 1l16/2007 000341 RICON CORPORATION 07022156524. • REGULAR PAYMENT 246.53 . ' , 07022156781 ' REGULAR PAYMENT 412.68 ' 07022169923 REGULAR PAYMENT 238.92 Total : 898.13 10880 1/1612007 040415 ROSAUERS-U-C1"fY INC. 1102047 SUPPLIES FOR COUNCIL 41.80 , . ' Total: 41.80 10881 1/16f2007 000242 SCAPCA ' 3999 ANNUAL ASSESSMENT FE[ 29,546.75 . Total : 29,546.75 10882 1/16J2007 000709 SENSKE LAWN`& TREE CARE INC. 1566690 ' 895 CONTRACT MAINTENANCE 1,900.50 1566891 895 CONTRACT MAIPlTENANCE 48,822.92 ;e: 6 _ ~ ~ _ • _ . • ~ \l~ • ~ vchlist J Voui~nCr List Page: 7 0111612007 3;28:27PM _ Spokane Valley ' Bank code : 'apaank Voucher Date Vendor • , Invoice • PO # • DescriptionlAccount • • Amount 10882 1116/2007 000709 000709 SENSKE LAWN & TREE CARE INC. ^(Continued) . • Total : 50,723.42 10883 1116/2007 001140'SAECIAL ASPHALT PRODUCTS INVC037549' 41441 QUOTE#0036-06 COLD MIX 703.73 Total : 703.73 10884 1l16/2007 000172 SFOKANE COUNTY ENGINEER . vIy0612 40937 PINESJMANSFIELD MOU WITH COl 15,146.11 vIy0612 SPOKANE COUNTY MONTMLY INV( 4,024.91 vty0612 SPOKANE COUNTY MONTHLY INV( 220,938.22 Total : 240,105.24 10885 ' 1l16I2007 000090 SPOKANE COUNTY INFORMATION, SYS 61527 OCTOBER 2006 14,538.96 ' Total : 14,538.96 10886 1/1.6/2007 000308 SPOKANE COUNTY PROSECUTING, AT'1 01122007 . REMIT'I'ANCE 778.12 ' Total : 778.12 10887 111612007 000323 SPOKANE COUNTY U7ILITIES 01082007 BILLING DA7E 1i1l2007 44.23 01122007 ACCOIlNT iVtlMBER: 042903/11595 781.95 - ' 01122007 ACCOUNT NUMBER; 03160810816C 255.19 • . 091C-002 41316 2006 SEWER PRQJECT PAVEBACk 289,173.43 Total : 290,254.80 10888 1/16I2007 000689 SPOKANE COUNTY UTILITIES 053-403 40589 STORMWATER UPGRADES • 4,697.08 _ • • > . Total: 4,697.08 10889 1/1612007 00040$ Si'OKANE'REGIONAL CVB 121/31107 70URISM MARtCETING 20,344.00 • - . ' Tota1: 20,344.00 10890 1/1612007 OOU451 SPOKANE REGIONAL SPORTS, COMMIS 01092007 70URISM PROMOTION FUNDING 21,551.40 ' . Total: 21,551.40 10891 • .1/16I2007 •000391 SPOKANE VALLEY FIRE DIST. #1 01092007 REGISTRATION FOR MIKE DEVLEhr 38.00 • . , Total : 38.00 10892 1/18I2007 000311 SPRINT SPECTRUNi, L.P. 01112007 F{ELD CONNECTION CHARGES 359.03 , Total: 359.03 10893• 111612007 000a93 THE SPOKESMAN-REVIEW INC. 01082007 12l06 ADVERTISIfJG 1,456.59 Page: 7 vchlist Voucher List Pagc: : 8 0111612007 3:28:27PM . 'Spokane Valley Bank code : 2pbank Voucher Date Vendor. Invoice PO # DescriptionlAccount- Amount 10893 1116/2007 000093 000093 THE SPOKESMAN-REVIEW INC.•- (Cantinued) ' Total : 1,456.59 10894 111612007 00001'4' 1YLER'TECHNOLOGIES, INC. INV0103144; • 41453 • EdeNTylerTechnolagies- 4,896.00 Total : 4,896.00 10895 1/16/2007 001024 UNITED RENTALS NORTHWES7 61763842-001 MISC. SUPPLIES FOR PUBLIC WOF 78.44 61 76421 4-0 01 MISC. SUPPUES FOR PUBLIC WOF 1$5.03 Total : 263.47 10896 1I16/2007 000167 VERA WATER & POWER 01102007 81LLING DATE 12/2112006 20.45 01112007 ' BILLING DATE 12/27l2006 55.40 • 01112007 • ' BILLING DATE 12/27f2006 18.E8 • • 01112007 BILLING DATE12/2812006 1,714.40 , . : ' ' Total: 1,806.93 10897 1/16/2007 000409 WASHiNGTON STATE DEPARTMEN7, 0101122007 4TH QUARTER 2006 LEASEHOLD T 332.48 . . . , . . ' ' - Total : 332.48 10898 1/16f2007 000038 WASTE MANAGEMENT OF SPOKANE 0034829-2681-7' ACCOUNT NUMBER: 485-0846022- 64.70 0036661-1518-7- ACCOUNT NUMBER: 518-0001139- 161.98 11863206-2681-2 ACCOUNT NUMBER: 681-1033794 341.23. Total : 563.91 10899 .1/16I2007 OO0061 WILHI'fE, DIAPlA 01122007 REIMBURSEMENT 364.92 Total: 364.92 10900 . 1l18/2007 000706 WSAPT, ClO, ELLENA WAZEN 01122007 PAEM6ERSNII' DUES . . 105.00 Total : 105.00 70 Vouchers for bank code :apbank • Bank total : 907,314.11 70 Vouchers in this report . • • Total•vouchers : 907,314.11 e: 8 " ~ ' • D~~ vc~tlist VouList /rage: 9 , 01l1612007 3:28:27PM Spokane-Va11ey Bank code : apbank Voucher Date Vendor . Invoice . PO.# DescriptionlAccount Amount , I, the undersFgnett, do certiFy under penalty af•perjury, that the materials have been furnished, the service.s ' renderetf, or the labar perfortned as described hereln . and tttat 1he uiaim 'ts Just, due and an unpaui obfigatlen aga[nst the City af Spokano Valtey, and that { am authorized to authenticate and ces6ty to said daim. . Finance Directvr Dats . ' APPRO'VL'IB: Ken'lChompsoa, Finance Director Date . Akkb ' ' IVIayor Wi.lWte l • ~ / . ry ' - ' 1:., ~$ft~ CT' Pagc: 9 _ ~ ~J ' • ~ 1 . . ~ / vchlist - ' Voucher, LiSt • -Page: 1 0112212007 1:39:03PM Spokane Valley Bank code : apbank . , , Voucher Date Vendor Inv,oice.-. PO # , Description/Account, - • • • Amount ' 10801 1/1712007 000164 LABOR & INDUSTRIES 4th qtr 2006 L& I REMAINDER OF 4TH QTR 2006 L & 23.45 ' • Total: • 23.45 10902 1118/2007 000081 STATE OF WASHINGTON 4th,qtr 2006 4TN QUARTER 2006 USETAX 1,045.47 Tota1: 1,045.47 10903 1118J2007 000379 CITY OF SPOKANE VALLEY REPL CODE ENF REPLENISH CODE ENFORCEMENT 14.70 " Total : 14.70 10904 1/22/2007 000958 AAA SWEEPING, LLC ' 37318-A 41203 06-008 VACTORING SERVICES 6,544.23 • " ' . Tota1: 6,544.23 10905 1/22I2007 001225 ACCOUNTEMPS, FILE 73484 17674185 SERVICES FOR DESBtE POMMERE 325.08 • . Total : 325.08 10906 1f22l2007 000969 ADAMS & CLARK, INC. 5848 40839 ADAMS 8 CLARK SW CONSULTINC 10,726.02 - Total : 10,726.02 10907 • 1122/2007 000707 AIR DESIGN, INC. 16933.2 WORK ON NEW BUILDING SPACE 1,762.58 . Totai : 1,762.58 10908 1/22I2007 001164 APSCO, INC. . . 12791 41363 ' QUOTE NO. 0027-06- PUMP FOR TF 5,917.63 Total : 5,917.63 • 1a9Q9 1122/2007 000030 AVISTA UTILII'IES .01182007 MASTER ACCOUNT: 41069444 19,892.27 • ' . . . Total : 19,892.27 10910 1/2212007 000173 BINGAAAAN';'GREG 01982007 ' REIMBURSEMENT 97.73 - • Total: 97.73 10911 1/22/2007 001022 CARR SALES CO. 836519 ' SUPPLIES.FOR CENTERPLACE 291.87 . • . . • - ' • 7otal.: 291.87 10912 1l22/2007 001139 CATS EYE EXCAVATING, INC. 151 41323 CONTRACT NO 46-022 CATS EYE E 1,152.51 Total: 1,152.51 10913 1122I2007 000101 CDWG • DCL2606 41469 PRIVACY SCREEN FOR SUE GOLM 1$6.55 ' ' Page: 1 vchlist Voucher List Page: 2 0112212007 . 1:39:03PM - Spokane'Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 1a913" 1/22/2007 000101 000101 CDWG • (C.onlinued) , Total : 186.55 10914 112212007 000729 C}-12MH1LL 1NC. 3584365 41025 0043-BARKEF2 ROAD 6RIDGE 36,835.89 ' - Total : 36,835.89 10915 1/22/2007 000284 CRUCIAL TECHNOLOGY INC. Sales order 20308709 41460 MEMORY FOR NEIUS COMPUTER 141.71 Total : 141.71 10916 1/22/2007 000683 DAVID EVANS & ASSOCIATES 213048 41315 0016 - APf'LEWAY - DAVID EVANS 26,443.01 - Total : 26,443.01 10917 112212007 000537 DAVID EVANS AND ASSOCIATES, IN 213049 41286 CONTRACT #06-020 DEA DEV. PLA 1,893.59 ' 213050 41286 CONTRACT #06-020 DEA DEV. PLA 7,105.00 Tota1 : 8,998.59 10918 1l2212007 000686 DEPARTMEPIT OF LICEHSING 01182407 DOL CASH TRANSMITfAL 28.00 ' Total: 28.00 10919 1/22%2007 000171 GEIGER CORRECTIONS CENTER 41500192 , WORK CREW INVOICE 1,994.15 Total : 1,994.15 10920 1122l2007 001229 GOOD, MIKE 01192007 REFUND REQUEST , 50.00 . 7otal : 50.00 , . . . . 10921 ' 1/22/2007 000505 H & H FINANCiAt SERVICES INC. 1051 LEASE PAYMENT 233.49 1052 . LEASE RAYMENT 307.34 ' 1053 LEASE PAYMENT 412.68 1104 LEASE PAYMENT 233.49 1105 LEASE• PAYMENT 307.34 • 1106 LEASE PAYMENT 412.68 Totaf : 1,907.02 10922 1122/2007 000222 ICMA RETIREMEN7 CORP. 36640 . ANNUAL PLAN FEE 125.00 Total : 125.00 14923 1l22I2007 001015 INSTITUTE OF TRANS('ORTATION, ENGI 01182007 MEMBERSHIp DUES FOR INGA NO 277.00 . . Total : 277.00 . . , , , . . . . 2 . ' ~ l vchlist ~ J Vc~~- . f.rList ~ • 3 0112212007 1:39:03PM SpokaneValley , . Bank code : apbank , . Voucher Date Vendor , Invoice • PO # DescriptionlAccount Amount 10924 1l22/2007 000117 JOURNAL NEWS PUBLISHING INC. 28580 ADVERTISING 56.00 28582 . ADVERTISING 43.54 . • 28583 ADVERTISING 47.25 ' 28584 ADVERTISING 52.50 28585 ADVERTISING 57.00 28586 . ADVERTISING 25.00 28615 , • ADVER7ISING 68.60 ' 28616 ADVERTISING 75.60 28617 ADVERTISING 91.00 ' Total : 516.45 10925 1/22/2007 000012 JOURNAL OF BUSINESS INC. inv002202503 ' ADVERTISING 180.0U • inv002202504 ' ADVERTISING 270;00 Total : 450.00 10926 1/22J2007 000864 JUB ENGINEERS, INC. 0043379 " 41409 ' CONTRACT NO 06-001, ST MASTEF 18,840.60 Total : 18,840.60 10927 1/2212007 001228 KELLEY, LYNN 01192007 REFUND REQUEST 50.00 Total : 50.00 10928 1l2212007 000132 MObERN ELECTRIC WATER COMPANY 011182007 . ACCOUN"T NUMBER: 04559-01 ' 81.25 ' 01182007 ACCOUNT NUMBER: 04562-11 128.15 ' 01182007 . ACCOUNT NUMBER: 04732-01 39.90 Total: 249.30 10929 1l22f2007 046662 NATIONAL BARRICADE & SIGN CO., OF 53979 41471 QUOTE # Q002.07 TRUCK ARROW I 977.40 . ~ , Total: 977.40 10930 1/22/2007 000193 NORTHWEST CHRISTIAN SCHOOL INC 01182007 FEBRUARY 2007 RENT 27,182.58 Total: 27,182.58 10931 1/22/2007 000058 OCCUPATIONAL MEDICINE ASSOC. 01102007 SERVICES FOR PATI'Y ROMERO 101.00 . , . Total : 101.00 10932 1/2212007 000652 OFFICE DEPOT-IIdC. 368550345-001 ' 41446 OFFICE SUPPLIES 145.06 41446 368550375-001 41446 OFFICE SUPPLIES 231.96 . ' . .Pa9e: 3 vchlist Voucher: List 'Pagc: 4 01l2212007 1:39:03PM Spokane Valley s. Bank code : apbank - Voucher Date Vendor • • , . Invoice PO # DescriptionlAccount Amount 10932 1/22/2007 000652 OFFICE DEPOT INC. (Continued) , , • • 368550376-001 41446 OFFICE SUPPLIES 678.48 • • 369560781-001 = 41446 OFFICE SUPPLIES 209.46 369702257-001 OFFICE SUPPLIES FOR FIIVANCE 69.20 . ' 369833478-001 41455 OFFICE SUPPLIES 26.49 ' 369833582-001 . 41455 OFFICE SUPPUES 61.85 • 370126725-001 . OFFICE SUPPLIES 4.34 ' 370250866-001 . 41457 RECHARABLE BATTERIES FOR RO 29.23 . ' Total : 1,457.07 10933 1122/2007 000512 OFFICETEAM . 17590208 SERVICES FOR KIMBERLY WILUAt 391.88 17590249 . SERVICES FOR FRANCESCA DEEE 483.84 - 17651620 SERVICES FOR KIMBERLY WILLIAP 396.00 - Total : 1,271.72 . 10934 1/22/2007 000899. ONEEIGHTY NETWORKS . 552767 . SERVICE FOR CITY HALL & CENTE 828.18 Total : 828.18 10935 1/'12/2007 000119 PIP PRINTING-INC. 130036445 NAME PLATES 38.66 , Total : 38.66 10936 1/22/2007 000291' PROJECTACCESS, INC. 5 . FIRST QUARTER SERVICES 7,500.00 . ' ' Total: 7,500.00 10937 1/22/2007 001161 PROVISIONAL STAFFING SERVICES 3008-0500014200 SERVICES F0R MATf KUSMNER 613.92 3008-4500014253 SERVICES FOR MATT KUSHNER 818.56 . • ' Total: 1,432.48 10938 1122/2007 000952 RECALL SECURE DESTRUCTiON, SERV 3901116820 DOCUMENT DESTRUCTION 18.aD ' . Total : 18.00 10939 1122/2007 001174 SPACESAVER NORTHWEST 503672 41375 ARCHIVAL STORAGE SHEL•ViNC 13,842.62 ' - - Total: 13,842.62 10940 1122/2007 000424 SPOKANE COUNTY UTILITES 2007-01CSV Decant DECANT AND SITE VISITS 81_28 2007-02C$V.-PUMP,: _ PUMP • • 783.13 . , Total : 864.41 . . . 4 ~ . , ~e: S vchlist ~ VoLs_.~. {r List r g . , 0112212007 1:39:03PM .~)"'S'pokane Vafley - ' Bank code : apbank Voucher Date Vendor - Invoice - PO # Description/Account Amount 10941 1/2212007 000323 SPOKANE COUNTY IJTILITIES . 01222007 ACCOUNT NUMBER: 034354110642 62.68 - 01222007 ACCOUNT NUMBER; 015364l0653E 167.77 01222007 ACCOUNT NUMBER: 01663110666: 27.68 • 01222007 . ACCOUNT NUMBER: 037059J10932 62.68 01222007 ACCOUNT NUMBER 017022f067022 78.80 , 01222007 ACCOUNT NUMBER: 024433Jd744' . 78.80 . , • . Total: 478.41 10942 1/22/2007 000324 SPOKANE COUNTY WATER DIST. #3 01182007 ACCOUNT NUMSER: 475-1495-00 6.75 • Total : 6.75 . ' . . ' a - • . , . , . 10943 1/2212007 000862 SPOKANE ROCK PRODUCTS, INC. 06-013 41198 06-013 DISHhIIAN MICA OVERLAY N 3,401.69 . Total: 3,401.69 10944 1/2212007 000419 SUMMIT LAW GROUP 32609 • PROFESSIONAL SERVICES 1;144.00 ' Total : 1,144.00 10945 1122/2007 000516 TETRA TECHIKCM 50059766 , 40617 TErRA 7ECH 70P SOIL MIX DESIGI 2,513.00 Total : 2,513.00 10946 1/2212007 000093 THE SPOKESMAN-REVIEW INC. 0118207. ADVERTISING 618.28 Total : 618.28 10947 1/22/2007 000500 TOSHIBA 2556368 41438 TOSHBIA TECRA M7 TABLET FOR f 678.97 2559580 41438 TOSHBIA TECRA M7 TABLET FOR E 1,908.32 Total: 2,588.29 10948 1/22/2007 001024 UNITED REiJTALS NORTHWEST 62007130-001 41466 UfdITED RENTALS BLANiCET PO 9.78 . „ . ' . . . Total : 9.78 10949 1/2212007 001227 UNIVER5ITY OF WASHINGTON, DANIEL 1808 REGISTRATION FOR GREG MCCOF 1,620.00 • . . . . ' Total: 1,620.00 10950 112212407 000167 VERA WA1'ER & POWER 011192047 ACCOUNT NUMBER: 0007-017753.1 ' 20.22 Page: 5 vchlist Voucher List ' . Page: 6 01/2212007 1:39:03PM , -:.Spokane-Valley ~ Bank code : apbank Voucher Date Vendor- • Invoico._ • PO # Description/Account Amount 10950 1/22/2007• 000167. VERA WATER,&,POWER , (Continued) • . - . . • • ' • • - ' • 01182007 , ACCOUNT NUMBER: 0006-003021! 21.63 • • . . 011820D7 ACCOUNT NUMBEf2: 0004-000755! 182.70 • 01182007 . ACCOUNT NUMBER: 0005-016348.i 65.41 01182007 ACCOUNT NUMBER: OaQ2-001425.1 128.18 01182007 ACCOUNT NUMBER: 0001-032805.1 21.63 , 01182007 ACCOUNT NUMBER: 0001-031971! 91.50 41192007 ACCOUNT NUMBER: 0008-010790.1 58.97 Tobl : 590.24 10951 1/22J2007 001223 WA STATE BOARD OF ACCOUNTANCY 01222007 CPA LICENSE RENEWAL APPUCA' 230.00 . . ' ' Total: 230.00 10952 1/22/2007 400051 WILHITE, DIANA 01182007 REIMBUF2SEMEN7 133.16 ' 01222007 REIMBURSEMENT 281.60 _ Total : 414.76 10953 1/22/2007 001224 WMCA 01182007 ' - REGISTRATION FOR CARRIE ACO: 425.00 • 01182007 REGIS7RA710N FOR CMRIS BAINBI 425.00 Total : 850.00 10954 1/2212007 000310 WSAMA 01182007 MEMBERSHif' RENEWAL FOR MIKE 30.00 41182047 MEMBERSNIP RENEWAL FOR CAR 10.00 Total : 40.00 10955 1/2212007 001230 WSASC, ATrN: ELIIABETH SCHEID 01222007 MEMBERSHIP RENEWAL 40.00 Total: 40.00 10956 1/22/2007 000089 XO COMMUNICATIONS, INC., FILE 5055( 0213699392 I'MONE LINE SE(2VICE 1,557.88 Total: 1,557.66 56 Vouchers for bank code : apb8fik Bank total : 216,503.79 56 Vouchers in this report, Total vouchers : 216,503.79 l . - 6 r ~ ' • .i? ~ i vchlist . Vouw,_~~~ List 7 _ 01I22l2G07 1:39:03PM Spokane Valley . T - Bank code : apb8nk Voucher Date Vendor Invoice PO # DescriptioNAccount Amount APPROVED: 1, the undersigned, do oeRify under penalty oi perjury, / ~~Z 7 D 7 that the materials have been fumished, the servioes Ken Thompson, Finance Director DatO rendered, or the labor performed as descdbed herein • and that the claim is just, due and an unpaid obligatcon against the City of Spokano Valley, and that I am authorized to authenticate and certify to said claim. . WMayorWi Finanoe Director Date % Page: 7 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 06-02-07 City Manager Sign-off: _ Item: Check al) that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending January 31, 2007 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: C ~ OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Gross: $ 160,013.14 • Benefits: $ 79,497.48 TOTAL PAYROLL: $ 239,510.62 STAFF CONTACT: Jason Faulkner ATTACHMENTS ~ • i DR.AFT Mi1vUTES _ . ' City of Spolcane VaIley City Coimcil Regular iNleeting Tuesday, January 23, 2007 vtayor Wilhite called the meeting to order at 6:00 p.m., ttnd welcomed everyone to the 1080, meeli.ng. Attendmrce: ciry sraJJ . Diana Wilhite, Maypr Nina Regor, Deputy City iVlanager Steve Taylor, Deputy Mayor Mike Connelly, City tlttorriey 17ick 17enenny, Councilmember Cary Driskell, TaepuCy CiCy Attdmey Mike DeNlleming, Councilmember Neil Kersten, Fublic VVorks Piroctor T3ill Gothman.n, Councilmember Ken'1"hompson, Finance Direetor Rich Munsoii, Councilrriember vlike Jackson, Parks & Rec I7irector Gary Schimmels, Councilmember Marina Sukup, Community Development Dir. ' Greg McCormick, Planninc, Manaoer K.aren ICendall, Assistant Planner Carolbelle Branch, Public Tnfortnation Offcer Greg Bingaman, iT Spccialist Ch.ris Bainbridge, City Clerk 1NVOCATIUN: Pastor vianuel Taenning of Fountain Ministries gave the itivocation. PLEDGr Car ALL.F-,GIAIVCE: Mayor Wilhite led ihe Pledge of Allegiance. ~ ROI.,L CALL: City Clerk Bainbridge caUed thc roll; all eouncilmembers were present. APPROVAT, OF A(;EN'DA: It was moved by l)eputy Alayar "1'aylor, seconded rnrd untrnimously t.egr•eEtl . . to approve tlte a,geird~a_ " INTRUDUCTIQni QF SPFCTAT. GUESTS AND PRESENTATiQNS: None. C0m►vII7TEF, ROARl), L1A1SON SUYIl4IARY RFPQRTS: Councilmembcr Schimmels: reported that he attentled the Commurte Trip Reduction meecing/awa.rds at the Davenport last week; and lttended the Convcrsation with the Comniunity held ai the Ponderosa elementary sehool, which wits very w•ell attended. Couneilmember Denennv: said that he attcnclecl Che Spnkane Regional H.calth Board Meeting with the new Chair and the ncw intcrim Health Director; Hiat he attcnded last week's meeting at Dccades concerning Spraguc/Appleway Revitalizatipn, and that he atlended the Convention and Visitor's Bureau luncbeon/meering. Depuh+ Mavor Tavlor: eYplained that he attended the Spokane Valley Chamber Of Commerce awards ceremony lasl: Saturday; and went to tQday's Public Facility District meeting. Deputy Mayor Taylor also reparteci that Hhe Boarci of County Commissioners appointEd him co the Salid Waste Advisory Council. Councilmember Gothmann: said that he participated in thc Ponderasa neighborhood Convcrsation with the Community; the Flealth Board Meeting where they discusscd the advisory committee for long-term care and aging; and the 1-Iousing and Cammunity Development Advisory Committee meeting where they made recommendations for this year's HIJD grants. Gouncilmember Gothmann suggested we examine the idea of forming o«r own beneft area; he aclded that he also attEnded the Conventian and Visitor's I3ure•au meeting, and the Chamber of Commerce awards. • Council [vteeting: 01-23-07 Page 1 of7 Approved by Couilcil: DRAFT Councilmember Munson: reported dlat he attencled la.st week's Growth Management Act Steering Commilrtee cneeting where they continucd to discuss changinb the Count}wide planning policies; and he _ i attended several meetings with the Spokane Transit tluthority, including the Committee for Operations and Administration; and he met with CEO Susan Nieyer where they discussecl light rail and how to procced. Councilmember DeVleming: in addition to the social events described by nther CouncilmemUers, Councilmember DeVleminn said he also attended the SCAPA Board meeting and mentioned the change of that board wil:h new mernber Melissa flhern ancl new County Commissioner $onnie Magcr. MAYOR'S RE1'Olt7': Mayor Wilhite reported that she atCencled afunding seminar by State Sena[ors . regarclinc, gants and funding opportunities; and also attended the other events already mentioned; she also attended the Library Bnarcl mecting which included discussion of our plaiis for a city center; she wenl to the Ivlilitary Base to attcnd a reception for the Colonel; she attcnded an STA meeting on boundaries ofbus ridership; attcnded the meeting of Couneil Governance led by County Commissioner Mark Richards; and stie thanked Gail St.ilener for her efforts to make sure the Conversation with the Community at the Pondcrosa elementary• school was Nvell att.ended. ' PUf3L1C CONB'CE'NTS: . .Tcff Tower, 1100 W Mallon; said he is the Undersheriff wich the Spokane County Sheriff's Office and oversees the SherifPs and Spokane Vallcy Policc Department Training Unit; concerning the sub-lease the Sherifi's Office and the Spakane Valley 1'olice 17epartrnenC has with the Comrnunity Colleges of Spokane at CenteePlace, that he is sure Council is .iware of the recent letter they received dirough the CommuniCy Colleges of Spokane wherc the Ciry requested dhat the 'I'raining Unit vacate CenterPlace. v1.r. Tower said that letter stafecl t.hrec reasons why they needed to vacate: their presence was not consistent «<ith the stated purpose Qf the lease and not consistent with the use description of the use caltained in the Certificate of City, and thtil thei.r nresence was detrimental and could adversely impaet thC City's ability to expand _ prograrns at CenterPlace. Mr. "1 ower sitid he strenuously objects to those reasons and believes their . presence is consistent wiCh those purposes; that they are fnistrated at the numereus misunderstandinas in the letter that they have attempted Co rc;ct:i.fy wiih the City Manager's office; that dhey have been told there is no a.ppeal proeess; and that diey cannot approach the City Council to clarify their pQSition. 14e said all they are asking for is << vroice Co at leasi present their program and show where they meeC [tiosc neecis ancl that they are consisteiit widi the stated purposes in the letier. He continued by eYplaining that as a partiier with the City of Spokatle Valley, the Sheriff s Office and the Spokanc Vallcy Police ]7epartment, they have xvorked hard to develop ancf slrcngthen erternal retations consistent witli City Cotmcil Goal #5; they • believe being forced to rnove out of CenterPlace seriously jeopardi-r.es the parcnerships thcy have created with businesses, community groups attci with community colleges on behalf of the City of Spokane Valley; ctnc:l as ti result they request that the Council allow them to stay at CenterPlace until Council cari review their program .ind t:hey can rnect with the City Manager and the City Cnuncil to bo aver their program. NIr. Tower said lhat if il is determined dhat they do not meet the needs of the City or clon't meet the certificate of the city, they will move out and make arrangernents to relocate their training unit to another location. • Mavor `Vilhite stated th3t we havc asked our bond attorney to give us clarifieation on that eertifcate and are waieinb for thal responsc; and that Deputy City Manager Regor has remarks to add. Deoutv Citv Man3ECr Reeor said that she respectfully disagrees with Iv1r. Tower, that she clicl not say they cduld not meeC with City Council, hut rather she said that this is an administrative decision and is not appropriatc to tneet with sub-sets of Councilmembers, although N1r. Tawer and membcrs of the Sheriirs Office are a1ways welcome to come to a public sclling tind speak at a council mEeting. She continued that - the Ciry's tlecision about appropriate use of CenterPlace, whether an individual reservation or a sub-lease ...i with the Community Colleges of Spokane, is based on the Certificate of City, which was required as part Counci! R4eeting: 01-23-07 Page 2 of 7 Approvcd by Council: DRAFT of the reyuest fnr bonding. Mr. Regor furthc.r erplainetl that in our Certificate of City, we state that the confei-ence portion of CenterPlacf; will be used for laege and small group mcetings, recreats and other organized functions, meetings of civic and eommunity organiz3tions, and in addition, can be used by the Community College of Spokane for educational programs, community event,~, a.nd artistic and other cultural exhibits, pre,,sentations and performances. She added that as members of the City's adrninistration spokc with the Community Colleges of Spokane in 2003 conccrning if the Colleges wanted to engage in a lease wit1i tlie City of Spokane Valley, the Colleges sent a letter that encapsulated Xhcir vision of their participation at CenterPlace; and in ttiat lelter they stated they wanted to support the adult learning needs of our reginn, especially as possible parhiership witll the Senior Citizen's Program, outreach for business ti•aining and training iieeds assoeiated wii:h the Valley :fnciiish-ial 1'ark, expanded opportunities for acaciemie er3nsfer students including Rtmning Start aiid Adult Basic Education, GED, and English a.5 a Second l..anguage. M.s. R.egor said that therefore, those were the Cypes of activities we were envisioning in the College's participation at CenterPlace; and that vision wa.s used to draft the Iease agrecment. Ms. ReDor saici that the use languane in the lease, which was adopted by the City and approved by the Corncnunity Colleges of Spokanc, were cla..asrooms, etlucat.ional pro~,~'amming, and community educ;ation to all ages of residents of die City of Spokane Valley and the surroundina area, and program areas including but not limited to English as a Second Language, Adult Basic Eduaation, Workfiorcc training, and culhiral anci artislie seminars. iMs. Regor said that as they were considering workforce training, they were thinking of training such as computer training. Regarding the Sheriff's Offce sub-lease with the . _ Colleges, Ms. R.egor said the City's f.rst contact Nvith the College was in early August:, wherein chey. requested approval of their agreement wid1 the Sheriff's Office to use classroom space fmm time to time to teaeh community classes ancl to use some of their. office space, and that this would not be an assignaient or sub-lease. 1n subsequent conversations and written coinmunication with the Colle?c, Ms. Regor ex.plainecl, it beeame clear ehat it was a sub-lease that was being considered; and that the intent of the use continued to chanae as communieations continued, mal:ing it difficult to arrive at a conclusion on the topic. Ms. Itegor further stated thst CenterPlace is a niulti-use Uuilding, and wtiile we welcome the use nf the community, it is not a community center in the kraditional definition of the term; that in addilion to eciucalian, we see aclivities Like individual community events such as weddings; broader community events like Valleyfest or the Deptu-tment of Ecology's Conference for the Aquifer Study; and pther regipria) conferences and city-sponsored reereation ackivieies. Iv1s. Regor explained that due to the size of the fitcility, it is li.kely that various and di<<erse activities occur simultaneously; Fuid the City's approach has been to balance the varying needs of the facility, and to make sure simultaneaus uses are cAmpatiblc and c!o not impact each ol:hcr. JeFi' Tower: said that they believe the vast majority if not all of their activities they conduct meets the defnitions Ms. liegor mentioned; that they experienced fi-ustrations in not being able to get audience with the City Manager buC have been continually refened to the City Farks and Recreation Director, and they , have met with him, mid believes there are misunderstajidings in the letter and woultl Iike ari opportunity to clarify those misunderstandings. Dave Ellis. 11420 E47'h Court: Mr. rllis gave a handout to the C;ify Clerk for distribution to Councilmcmbcrs (Spokane Valley Yolice 17epartment Spokane County SherifF's Office REGIONAI., TRrlIIVLNG). Ivfr. Ellis said he is a training officer for the Spokane Valley Police Department ancl Spokane County Sheriff s Oftice, and that his jnb is to coordinate all the training for the corntnission mcmbers of the Police Departrnent ancl Sheriffs Office. He gave a brief histnry of the training unit and of their requireci training responsibilities; and said that in the past, due to lack of training in the region, officers were farc;etj ta travel to places such as Seattle or California thereby making the cost of lraining e:cpensive and therefore actendance wa5 low; but that upon moving into CenterPlacc since July 2006, their focus has been eo host this advanced regional training, whiclt lead to such bcnefits as-much oFthe craining being nffered at no cnst; adding that much of the training is fundect th.rough Homeland Security Funds, and that they can have 20-30 officers attend the training rather than the former three or Icss in attendance. Council Meetitig: O 1-23-07 Page 3 of 7 APproved by Counci]: 1aTtAFT Mr. Ellis aIso added dhat better trainecl officers result in less li3bility for lawsuits and help reduce crime; and helps to provide a strong economic development impact for the local hotcls and restaurants as students artend from places ranging &om Orange County California to Alaska. Mr. Ellis added that he is willing to work to address and correct any concerns thal the Spokane Valley may havc regsrding their use of CenterPlace. Mavor Wilhite responded that Council will be discussing this issue. Gail Stiltrier, 10119 L 44'h A.venue: she thsnked Council for holding neighborhnod meetings and expressed her appreciation to staff, the Mayor and Councilrriembers who attended; and said hat such meetings show residents Af an area how important the council is to our new ciCy; she said neighbors were impressed by the scope of activity; and felt more a part of the gavernment of the city. Shellv, Mitchell, 1020 C Camble Street, # 206 Medical Lakc: she said that she is here tonight representing the Board nf Coalition of.' Responsible 17isabled, and said ibat is aj)pears the Valley does not have adequate sidewalks and curb cuts; ttiat after investigating it is now clear lhal when ADA became effective, Spokane County was to have complied with those AUA standards, but did not and therefore it now falls to Spokane Valley; and thal• Chey are askino that in a reasonable amounC oP limc, to havc something planned in place regarciing what the City will do to make businesses accountable snd compt5= with the AUA regulations; and that after 1 reasonable amount of tirne after talking with snme representatives from the ADA, they will f le against the City and businesses lhaC do not comply; dhat it has been a long time and crossing the streets is very hazarclous; ancl that she hopes she will be contacted, because if there is no sign of any action, they will file suit, 3nd she hapes the Vallcy will come into compliance. rVls. Mitehcll said rnany businesses are not in complianee and criay not be a~vare that they are responsible for putkino in their accessible sidewalk anci maintaining it; and said it is die responsibility of the City to bring those busi.nesscs irit4 compliance. ~ Ntayor Wilhite said that she and Ivts. M.itcheU spoke on the telephone about this issue, and Mayor Wilhite said s}ic spoke with staff, and that Yublic Worl:s Director Neil Kersten is here; and that they have discussed this issue tintf lvir. Kersten is plaiming to examine the issue, and is planning, tq speak with Ms. Mitchell to determine exactly where the problems are, and to address those problems; anct tFiat wc understand there are places in the Valley where the Cou.nty did nnt put i.n curb cuts but sbould have; and we Falow those are areas whe:re we need to ga back and rectiiy the situalion. lvlayor Wilhite also thanked Ms. Mitchell for making us aware of issues such as lhis, and that wtien we do get calls of this nature., we have our Code Compliance officers discuss the issues with the businesses kd make sure the businesses understand their responsibility to get the sicicwalks shoveled ta mal:e passage safe; and that M:s. 1Vlitchell will heiir &om city staff. Ms. Mitchell said they nee<i to hear what the Cily will do to rnake sure ADA requirements are Ueing met, and staff can eont:act her pcrsonally or through the C012.U. Vlayror Wil6ite also stated that staff will discuss with Ms. Ivlitchell aboul what timef'rame she is considering. [Coalition of Responsible Disablcd, 612 N Vlaple Street; Spokane; 99201. Shelly iVlitchell 509-270-5425.] Dwip-ht McClain. 11009 E. 11'h: spoke concerning the nced for awareness by citizens concerning 3ervice animals and State Statutes eoncerning penalties for violations of those who deny or interfere with admittance of disabled persons with service animals, to public facilities, and of the neecf to have these state stahrtes enforced. iMayor Wilhite invited FurCher public commettts; and no further comments were offered. Ma?ror Wilhite . stated that concerning Centerflace, stafF will get an opinion fi•om the I3ond Council, and that Air. Mereier should be back by xhen, and t}iat the matter should be discussed with Mr. Mercier; and that Council will discuss putting the matter on a cotmcil agenda to discuss the policy issue of what uses are appropriate for CenterPlace. Councilmember lleVlemi.ng asked if such maeCer woulcl eome on an agenda Council Ivfeeting: O 1-23-07 Pagc 4 of 7 Approved by Council: IaR.A:F"]' prior to rebruary 16, and Mayor Wilhite said they will look at putling iC on the calendar. Councilmember _ Gothmann said he is concerned that this is rather unreasonable to "cut diem off at the pockets" as they have people who are scheduling trips to Spokane from Washinaton, D.C. Mayor Wilhite said she realiies there are peQple coming from out of town to attend these classes. Ms. Regor said staff will discuss adding the issue tn the February 6 agenda; ajid that staff is work.ing on the rebional marketing plan for the use of CenterPlace, Fuid it would be a good opportun. ity to eombine the ewo discussions, as the issue is, what ue the needs anci uses of Centerl'lace and how to balance those needs; although the regional marketing plan is not likely to be in a final draft form by February 6, but the preliminary drafl: coiild be disctissed broadly. Jaeputy Mayor Taylor askecl iE'the decision point is in the hands nf the Council or is a contrachial issue. vls. lZegor replied that this is an administrative decision; and that the parties involved include the City of Spokanc Valley and the Community Colleges of Spokiine, and that we do not have a direct relationship with the Sheriff's Of~ice on this matter. Deputy Mayor Taylor said in regard to the February 16 cteadline, he does not see a need to rush this in tenns of cutting off some events that are occurring; but dlat it is morc important to have a proper policy in plaee far how CenterPlace will be used; and that he would not want to unnecessarily disrupt a schedule that is already in place. . 1. CONSFNT AGT\'nA: Consists of itc.ms consiclered routine which are approved as a group. A Couneilmember may remove an item &om the Consent Flbenda to be considere<I separately. . a. Following Claim Vouchers: . VOUCHER LIST UATE VOUCHER #s TOTAI. VOUCHER A.MOIJNT ~ 12-20-2006 10737-10785 1,377,148.26 01-05-2007 10786-10823 634,852.87 G1tANl7 TO'1"AL 2,012,001.13 I ~ b. Payroll for Period Endino January 15, 2007: $170,543.90 c. Minutes of January 3, 2007 Special Council Vleeting d. Minutcs ofi January 9, 2007 Rcgula.r Counail Mccti.ng Mayor Wilhite asks if anyone wanted to remove an item from the Consent Agenda to be considered separately; and there were no requests in that regard. It ►vas titerr nrored by Deputy rwayor Tuylor, seconded, arid crt:artirrzously agreed to npprove the ConseritAgerrdn. MEW131TS1NESS 2. Second Reading Pronosed Ordinance 07-001 Fxtendinp- UR-1 Zone - Vlarina Sukun AiZer City Clcrk ]33inbridge read tlie nrdinancc: title, ll wBS I170vL'CI Z7y UL'pLlly A&IyOY I CIyIOY CI77CI SL'COlJCI6CI to approve Ordinance 07-001, au#horizing an additional si.r-monlh extenszon of the intei•int UR-1 Residerttial estate zonirlg in the 1'oriderosa arid Rotc{ford »eigl7borhnodr. Community Development T)ireetor Sukup briel'ly stated chaE if approvecl, this woulci be the fnurth eatension of this interim zone; and t-hat it is her hope to have the all development regulations completed by the end of April. Mayor VJilhite invited public comment. Gail Stilhier, 10119 E 4411i in the Ponderosa, SAId t13t on behalf of the neighborho4d, she a,.sks to Melp retain a lifestyle important to them anc) unique Co the Valley, and one which is also a markeCable lifeslyle; ancl t6at she wants the zoning to remain as it is with one house per acre. Vlayor Wilhite invited fuither nublic comrnent; and iio further comments were offered. Yote by Acclanraliari: br Fmor: Uizanimous, Opposed: Norie. Abstentiorrs: 1Vone. Motiofz ccrrried. 3. Second Readin2 Pronoseci Ordinanee 07-002 Street Vaeatian Portion of 15`h Avenue - Karen Kendalt After City Clerk Bainbridge read the ordinance title; it was maverl by Depairy Taylor and secorrded, to upprove Ordinance 07-002 fvr the vacation of IS'~ Avertue (STV 04-06). Assistant Planner Kendall briefly explauicd the proposed vacatiou, and showecl the area via her PowerPoint slide. Iviaynr tiVilhite ` , Council tite.etino: 01-23-07 F'3ge 5 of 7 Approved by Cowscil: nRAFr invited publie comnient; no comments were offered. vote by Acclairlation: bt Favor: ttnunitrtous. Opposed.• 11'nne. .Abstentivns: tVone. jYlotron carried. i4. T'irst Reading Froposed Ordinance 07-003 Amencjine ]aanQerous llog tlopeal Procedures - Carv Driskell _ 71 was mo>>ed by Councilmember Gothrircmn crrzd secotulecl !o atlvnnce ordinarice 07-003 us drafted, to a secarid reading. After City Clerk l3ainbridge read d1e ordinance title, Deputy City Attome}' Driskcll explained the background of the appeal pracedures a«d the ratinnale for this two-step process; and mcntioned that Nancy Hill oP SCRAPS, and Hearing Examiner Iviike Dempsey are in attenclance tonight. Mr. Driskell also mentioned that at dhe second reading, section 7.30.045 will be in complete redline, but Chat for t}iis fir5t reading, he wanteci Council to be able to see the small changes from what was the County's regulations, to what will be otu- regulatinns. Mayor Wilhite invited public eomment; no commenCS were offered. vote by Acclamation: In Fuvor: Uiranimous. Opposed: 1Vane. AGsteritioMS: None. Voiion ccrrried 5. N(otion Consideration: Contritct Annrqval Qutdoor Pool Renovation - Mike Jackson Afrter Yarks and Recreation Director Jackson gave a hist:ory of the pool renovation as per hi3 R.equesl for Council Action form, it ivcrs inoved by Cormcilmen:ber L7enenny ancl seconded, to approve. the Ca:tract ►vith pRB Architects for architectr.rrul und et7giireeriitg .services for the reriovativn oj .Terruce Vieiv, Valley ltflission arid Park Road swinrmi,rg poaLs, and to nutltorize the sigriatzn•e thereai of tiie City Alunuger or designee. Mr. Jackson added t.hal; there will be some minor changes in t11e wordi.ng but no changes in the cost or scope oFwork. Mayor Wilhite iiivited public commenC; no comments were offered. Yote by Acclarnation• Ir7 Favar: Uricmimous. Oppascd- None. Ah.ctentions: None. Motiori carried. Maynr Williite e:illec! For a recess st 6:58 p.m. and reconvened the meetino at: 7: 10 p.m. , PUF3T..TC (,:OMMFNTS Viayor Wilhite invited public commenc; no comments were offered. AllvIIi\T[STRATiVF REFQRTS: 6. Citv Use of GeiLer Work Crcws - Caiv Driskell Deputy City Attorney Driskell exp(ai.ned thiit the Cily has need foe.manual labor for certain work in aur riahts-of-«<ay, such as for weed abatctnent, and that the Geiger Correctional Facility has work crews that can provide this service al rates sig►lificantly below those we might Find elsewhcrc; chac the work would be Un-call. Atcoriley Driskell stated that he will bc adding sqme verbiage under 5.2 Notices to add the inclusion of our Cocie: Compliance Officee. After Urief discussion, there was Council cpr►sensus to place this item on the next Council cvnsent dgencia. 7. Uniform Develonrnent Code Title 21 and Shoreline Masterl'lan -t!(arina Sukun and GreQ MeCormicl: Conununily llevelapment IairectAr Sukup explained that this title is the resti(t af a aoUaborative e1=fort bettiveen her and Planning Nlana;er CTreg McCormick. Cour~cilmember Vlunson brought staff's attentian to page 27, paragraph b i and ii; and asked if it is possible to changc the vcrbiagc to less convoluted - language. tils. Sukup responded that many sections are wrirten in line with statute's subscription of what we can and cannot do. There followed cliseussiori concerning having a balance in the language to make ir clear yet keep it legally binding. City Attorncy Connclly added that if staff were to re-write sections cn summarize v►fiat the statutes state, we run the risk of leavin? sections open to various interpretations and thereby leaving us open to la«~suits; and that &s written, while complex, mosC developcrs undcrstand it and most of the comple.city is due to a lack of familiarity. Ms. Regor saici that if Coiincil has suggestions • for specific changes, staff will examine those a-eas to see if changcs can be accornmodated. Council Niccting: 01-23-07 Page G of 7 Approvccl by Catmcil: I71Zt1FT ~ Planning Manage•r IvicCorrniek went through the PoNverPoint with emphasis on major comnqnents of SEPA (21.20); flaodplain regulations based on FE~v1A regulations, critical areas based on state law; and the Shoreline Management Act. Councilmember Gothmann sugoested staff provicle council a memo outlining the slceleton and the aecompanying elements; and show the process of how they work togedher. Deputy iMayor Taylor suggested having a flow chart or organizational chart to graphically represent t:he differcnt aspccts and ho,w thcy i.nterplay. Further diseussion included our standards compared with the County's standards; that the County and the City of Spokane operate undee the sFUne set of rules; the County's shoreline masterplan and our refinement of thac document's policies; incorpnrating new goals and policies in our . current comprehensi* ve plan; and lhe need to include hazard materials, including an appendix with a list of such materials. The map sections of properly funetioning eondition rating, eeological conditiotls, and river restoration potential were also discussed. Staff inentioned that this title will be fur[her reviewed and discussed at nest week's Study Session meetir►g. In other business, Deputy City Msnager Regor mentioned that June 9 rnight not work as the Council's mid-year retreai; and askecl CoLincilmembers to brins their calencl.irs to this Saturday's rel.reaC so we can discuss an appropriate date. Concei-iiing the Student Advisory Council Bylaws, Cowicilmember TaeVlcming mentioned that the chan'e is minor as shown on the draft. it was Council consensus to liave that item also placeci on the next Council's consent agenda. • There being no Eurlher business, it wus n:ovetl by Depuly Mayor Tuylvr, secontlEd and tuiuni»rously agreed to adjo:n•n. The meeting adjourned at 8:14 p.m. . laiana Wilhitc, Mayor ATTEST: Christine Bainbridge, City Clerk ~ . Council Nfeeting: 01-23-07 Page 7 of 7 Approved by Council: DRANT mrNU 1 Es sNEc1aL R:r;~~ItE ATINWErLNc Sl'OKr1NF Vr1LLEY Cl':CY COUNTC.[L CenterPlace 2°d Floor Conferencc Room 2426 N Discovery Place Spokxne Valley, Washington .Tanuary 27, 2007 9:00 a.m. - 3:OQ p.m. _ AttencJance: Councilmembers Staff Diana `Vilhite, Mayor Nina ReaUr, 17eputy City Manager Steve 'I"aylor, Deputy Mayor \'eil Kersten, Public Works Dircclor Taick Denenny, Councilmember Viarina Sukup, Community L7ev-elopment Dir. Mike T?eVleming, Couucilmember Ken 7'hompson, Finance Director I3i11 Goth.maun, Councilinember Mil:e Connelly, City Attorney Rich vtunsan, Councilmemher Cary Driskell, Depuly City Attorncy Gtiry Schimmels, CoLuncilmember Mikc Jackson, Parks & Recreation Direclor CarolUelle Branch, f'ublic i.nforniation Officer Csrrie Acosta, Deputy City Clerk/H.R Assistant Others: \TOne Chris Bainbridge, City Clerk Mayor WiLhite opencd the meeting at approximately 9:10 a.m. and dlanked ever=y`one for coming. 1. Conimunications Proeram -Mavor Wilhite Mayor tVilhite asked if we are nieeting o«r expectations to providc communications to tlie community, 1 ~ fnllnwed by iVls. Regor statirig that we }iave started the rnessage of the month or week, but asked if Couneil wants to move into more proactive realnis; is that the d'uection couneil wants and/or are their other idea5. Public T.nformation Offcer ]3ranch saicl tihat the issuc is hrnv to get the word out; she mentionetl sMe is working nn a flyer buI does not yet have a distribution list; there is 111 C-IT181l pCOgI'3R1 Wlfllltl Office Suites but wc are not aUle to implement that, so she is explnring e-mail list programs t:hat are self- sustaining regarding subscriptions, which wnuld elintinate the need for staff to maintain the list; that she hnpes to have such a program in place once a suitable one is located; that there arc lhe Comcast interviews for I..ocal Eclition which a.re broadcast bet«<een fifteen and hwenty t:imes a nionth; and she ha.s also starled gathering o-mail addresscs of those interested in recciving our publications. - ' in respanse to CpuncilmemUer Golhmann's queseions asking for clarification on the message of the monthhveek and C;omcast interviews, 1vTs. Branch explained that previously Cotancil 'said they wrinted sorne pro-active commun.ication efforts, so Ms. ]3ranch put togelher some "talking points" which sre available to any couneilmember to put together prngrams on a particular topic each rnonth, imid that she has received some responscs from Mayor Wilhite, T)cputy MayAr Taylor, vnd Councilmember Munson who indieated their willingness to go out and speaE: on those topics. Councilmember DeVleminb mentioncd Lhat he has uot seen the flyer either and VIs. Branch said shc will place some in our front reception area and make 5ure Council gets copies. iylayor Wilhite aclded that this eould prove resourcefiil f'or Mr. Gotltrnann on his Chamber of Commerce Board position, as he was askecl to makc a presentation at each mecting as an update on City tapies, and Ms. Wilhitc suggested having flyers 'available at fhe Chamber as well. Mr. Gothmann said the }3oard mee[s the fourth Wedne.sday at 7:00 a.m. 0 Councilntember iVlunson said that the flyer is a goocl mechanism, but w•e need to be more aggressive, and he suggested cqnt<tcting the scrvice clubs in the Valley and• havc CounGilrnembers get on those clubs' Council A9 inutes Rctreat 7aniiary 27, 2007 Page 1 of 8 DftAE"1' schedules for speaking enganemen[s; addinb ihaC mosi clubs schedule up io a monrh in acivance. ` Concerning media releases, broadcasfs, etc. Ms. Branch mentioned that there are numerous ta,sks involve.cl regarcling communieation Outreach and good expnsure, and she alone has that responsibility. Cotuicilmember Munson suggested staff compile a list and send a letter tq the clubs; and tliat onee the clubs lcnow we're available, [hey'll likely cnntacC us. Attorney Cnnnelly stated that the City_ of Spokane uses their directors to do presentations to different clubs if their councilmembers are not available. Ms. Regor ssid that cnuricil expressed the iciea .it previous ret.reats, o.Egetting more infonnation to clubs, and that staff will generate a list of area seivice clubs' cneetino schedule.s, and of t.heir desire to re.ceive our public service announccmcnts and/or mess<3nes of the week/month. The ideit of inedia outreach to television and radio was also mentioned, and Ms. T3ranch saicl that productions are very time consurriing anc1 are expensive to produce. A way to act more overtly would be for us to set the media agenda, rather th3n have tliC rrledia always asking the questions. Ms. Branch said that research shows that: the mosl effective means to disseminate messages, is one-on-one; and she asked Councilmembet-s to tet her know which clubs they belong to or regularly attend; and to re►ne►nber tllat she is only one person, so scheduling presentations ar talks need rTiore nlanning lime than a week or hvo; and to als4 let her know if.' any councilmember is lonking at large priorities or projecis, and she can puC estra effort: i.nCO t.hose priorities. Other discussion included c4neeptual icieas such as promoting what a city center might look like; the street masterplan and the concept of having every street mapped out with a muinten,ince schedule, iilcluding impacts arid fimding; 1<3king a layered approach in our revitali2alio❑ plan; a vision for a cornmunit:y eenCer; t:hat these conceptua) idea-s c4uld aIso be iised as topics for future conversations with the community; that,tax proposal or bond issue concepts should riot be promoted without prior discussion wit:h le;al; ttnd that some of these conceptual topics as well as other topics might be included in the Mayor's State of the City adclress. Councilmember DeV.leming said t}tat his number pne priority is the street inaster plan as t111t will affect cver}' person in the City• for ma.ny years. Furcher discussion inchided mention of budget impaets for all these issues; that s4me municiptilities hire groups to do their press releases; how to handle the perception of negativc or difFicult items such as the Appleway rigbt-of-way or our contract with the Sheriff's nffice; lhat there is never enough balance on the pasitive issues; speaking to suc.cesses rat:her Chan responding to media questions; the idea of targeting dvee iiiajor topics for coneenlxiit:ion this year; and having councilmembers or staff as a contact pcrson 24 hours a day/seven days a week, or having emergency phone contacts. Vis. Regor said staff wi II wrork, wich sCrvice clubs to generate a 1 i5t of topic5 imd will look at the work ycttr to sEe what those clubs might be interestecl in discussing; that staff will work on Cormulating a contact list; will work witli Councilmembers tn detennine each councilmember's level of availability coneerning meccing with clubs; and that staff will also work to get the canpaign rolling on the street masterplan. Olher topical issues rnentioned for media contact included annexal'ion, policies of the Growth Management Act, and the City Genter plan and firlancing. "rhe size of the current e-mail IisC was discussed along with the idea of hiring temporary sutff for a few days to make eontact with conununity leaders. Public information Offcer Branch said that the eurrent list is not large but she will ask pErmission to include the Cornmunity Development's e-mail list and invite entities and individuals on thi►t list to subseribe tn her e-mail. Nis. 13ranch added that «<henever she publisries a press or media rclease, that in.formation is also posted on our wcbsite to give people a chance to rcad the issues aiid subseribe: and tbat most penple interested are rESidents riither than businesses. Ceuncilmember DeVlerning expressccl his interest in expanding the list to get more me►1ibers ot' the business cornmunity on the clistributioii list; whir.h generated diseussion about not inunciating people with too many requests to join the list distribution. It was also suggested Nve wark toward beina more interactive with communify leaders in all aspects of the city, includiri- leaders of SCOPr (Sheriff Community Oriented Policing Effort). ' Cnuncil i4linutes ltetreat Jictutlry 27, 2007 Page 2 of 8 DRr1FT , 0 Discussion moved to informing and educacing the public to make t:hem aware ofand understand the topics and the i►nport.3nce of the topics from the City's perspecCive; for such tqpics as the contract with the Sheriff's Qffice to explain the broad-bssed concept about why we have a designated police chie.f; the Milwaukee right-of way, Sprague/Applewiry Revitalizatiqn, I3xrker Koad Project, Some of nur values on how the Cify is set up and constructed; and of the idezi of having members af council write cditorials. Tt was also mentionett chat oiir Public lrtformation Officer lias only been in existeiice for approximately one and a hal.f years, and of the possibility of re-visitinb her role vid/a- gettino her assistance. .qs an aside, Councilrnember Gothmann metitioned that members of SCOP.F_ are in the process of hirinqrr kt coordinator, and that Rick Scott has applied; dhat Mr. Gothmann is conce►-ned that SCOPE is so removed from our city administra[ively, that we neecl a liaisdn, because when members of SCOF'E have concerns, they express their concenis to the Sheriff, and that hc Nvould volunteer ta be sueh a liaison. It was mentioned that is one of the reaSAnS Nve have 3[l independer►t paliee chief, and perhaps we should schetlule a meeting with the leadership of SCOPE. COuneilmember Gothrnann said that 'members o# SCOPE are hying to get more eommunication arnong the statinns; that they are usually independently operated, but they now seek a coordinator who can talk to all SCOPT' sl<it:ions to discuss their program; t'hat t.here was a CounCy SCOl'E board and they tjre trying to re-activate it; ancl now would be a good time to have a li<iison -with the Spokane Valtey SCOPL ststion. CiCy Attorne}° Connell saia t:hat our relationship with SCOPF needs further defining, as t:here are things they do that we don't totally agree with, anct some areas where we mibht take a mqre cautious view concernina such things as Pourili Amendment Searct► anci Seiztu-es, parking on rights-of'-way, and that those officers are not trained to desl witM several of those issues. viayor Wilhite ciilled for a break at I 0:20 a.m,, and reconvened the rneeting at 10:30 a.m. ~ 2. ltcvic-sv 2007 Couneil Goals Deputy City Manager Regor explainetl Ihat the Uurpose of ttiis agenc3a ifem is to check with Couneil to see if any claritication is needecl for any 2007 goal. #3 goaL• Mayor Wilhice suggested the verbi:sge b€ more consistent with what we are currently using, i.e., "Spraguc/Appleway Revitalization Plan." 92 goal: Councilmember Munson asked about the status of this goal, dnc! Mayor Wilhite statecl thac fiber is bcirig added to CenterPlace. Ms. Ttegor esplained that staff seeks coLmcil direction concerning this goal as it was broadly stated in 2006, and [tten moved as a 2007 goal. Firiance L7irector Thompson said he feels this goal ineans different thi.ngs to dilrerenC pe4ple; that pcrttaps agoad place to start woulcl be by sctieduling meetings witJi the Mayor and iiiterest groups like hospitals, collcges, school districts, fibcr companies, and the EDC to discuss what is currently available, and what is inissing or needed. The quescion of mapping the fiber was addressed and it appears sane entities are reluctant to map the fber. Mayor Wilhite said,she spoke with Itabin'r'oth from the rcunomic 17evelopment Cotmcil (EL7C) who was involvc-cl in the "hot zonc" in Spokane; who indiaated there is some infrastructure mapping iri place. Councilmember Munson suggested we contiict Comcast, Colurnbia Fiber and Une-righty and let them know what we have in mind and nsk far cheir assistance, as it wauld mean more business fnr them as it helps us; and he suggested there is also a need to talk witli purveyors to see if they are willing to as.sist, such as AT~.~T, Quest, and fibar providcrs. Nlayor Wilhite said that she a„d Izobin Tath spolce af this issue and discussecl how ro get all the aspects cogether, 3nd it appca.rs it is a matter of putting grnups together, setting a dafe, and hyina to get them to map it all out; adding that hospitals and public institutions including the Spokane CotnmimiCy Colleges, will need access as wcll. `Vith improved telecommunications infrastructure, IVir. Thompson suogested there could be other classes offercd ae Ceritcr.Place which would use or teach the use of electronic records for example. ivir. 1'lyompson said he has a list of people to contact to detcrmine their needs to sce how to bring a-plan together of what is Council Minutes Rekrcat Januaiy 27, 2007 Fage 3 of 8 I:)RAFT needcd in the vallcy. Mr. Thompson said that he has ii one or twapagc list of interview questions, and as . we meet with these people, we ask what do they }aave, want and envision needing; and he staced that staff should have some preliminary data during the third quarter. #1 gnaL Couneil.member iaencnny said that there is a flurry of activity occurring in next: thirCy to sixt}' days with the main issue nf governance, which include,S oversiohdmonitoring including how to create a broader tax bass, and how to determine how fimds will be eollecccd or alloaated, and that a report could be given in Mareh or Ma.y as an update. Tt wa-s suggested adding that topic to the advance agenda. Councilmember Dene►u1y said that possibly there needs to be a chariac in legislation in order to broaden the tax collection area, likely a leaislalion aciion evould be by the State radier thvi via the ballot; that the collection of funds is now restricted ta those on sewer; that a gnvernEmee group needs to form; ancl that the Department of Ecology has buyoff on tiie Environmental Protcction Agency to use the forrnat they cflme up with last year and an itgreemenC lo allow us 1:0 gcI xhe permit. After further nrief discussion concernino whetlier to move khis goal to 2008, it was decided to keep this as a 2007 goal and if necessary it could be moved later as an 08 goal. 47 goal: when asked if we were on t:rack for this goal, Community Dcveloprnent laircctor Sukup said that there are some things relative to the Sprague/Appleway revitalization plan that tie in with the Comp plan; . and we will have to deal with some things that Ntr. Miles (SRTC Transportation Manger) objecLs to; that there were over-optimist projections of State and 1"ederal revrenues over the next n."enty years for t:ransportation plannirig; that wc will havc to rc-foll tliat; and that wc necd to makc sure any chanDes to the SpraguelAppleway Revitalization Flan will be consistent with the Comprehensive Plan. Concerning rapid transiC; Councilmember Vlunson saicf that they are warking on corning up wich the cost oF going - forward widi preliminary engineering and land analysis and the Environmental Impact Statement (EIS) and repnrt that to the S[tTC l3aiu-d. Cauncilmember Schimmels added that the report should some forth , in about twq weeks. Public VVqrks Directar Kersten said concerning the EIS, there was some , disagi-eement on what it Would cost for rapid transidlight rail; and if they don't finish it, 1II that wOI"IC w3S waste.d. Councilmemher Munson said the STA grqup says it will eoSt five million ilollars to finish thE EIS antt preliminary engineericig; ancl thaC lhe consensus on Iight rail is, if lhe people voCed no, then the - answer should be no; but dlere are other facrors to consider as any funds expanded hy SRTC rnusf be <<pproved by t:he Fecieral Transportat:ion rlgency; and lhey said if that requesC for fiinding is denied, the project will never get funded. Ms. Sukup added tJiat the r•TS includes bus rapicl transit attcl not just liaht rail. Aftei• fui-ther discussion on what message Councilmember Schimmels should take to the SK.TC, it was Gouncil consensus t:o aive the message to Couneilmember Schimmels t.hat any talk or discussion of fiinding will be "no" until we hear a different public advisory vote. Community Tacvclopment Sukup mentioncd proceectings NviCFi our Shorcli.nes iblaslerplan, and iC was noled that topic will be discussed during next Tuesday's cowlcil me•eting. 3. l3Ddated Financial Forccast Finance Director Thompson gave an overvieNv of Program Statement #I, explaining that most of our operations are paid fram the general fund; and that as we adnpt our business plan, those costs are likely to . increasc as Nve determine if otlier needs are warr►nted such as additional staff; that the cost for the consultaart to helE) with lhe City Center is iiot yct included as we do not know exact figures. He also rnentioned that we are trying to wean xhe strcet funds away fmm the supporc of the general fund, as the chart indicates those funds no longer show up from 2008 onwar<!. He mentioned we see general fund expenses iiicreasing approximately 8% an.nually where they were formerly 6%; but that the difference is in eost of tivino allocations, 1.00'Yo increase in reCirement costs, and about 15-20% increase in medical costs. Mr. Thompsnn said that this budget is based on no growth of staff; but that is likely to change. '1'he defeit on page one; he explained, has been moved to 2012. Finance Tairector Thompson explained Proorarn SCat:ement #2 and that caneerninb the operating side of the street fund, thc defici[ still shows up ;in 2009. He saicl that the c:onsultanC's report coming in on the street masterplan will likely have an impact Council Vfinutes Rctreat January 27, 2007 F'age 4 of 8 uttaF-r on the list oCcapital projects and operating costs for street maintenance, and could even recommend more 0 staff. lt was mentioned diat the topic of fundi«g options could be a possible topic for the June ren-eat. Concerning Problcm Statemeni 43, vlr. Thornpson said 2007 ]ooks pretty good and those f7gures should be very elose to actual fg«res; but beyond 2007 it is impossible to teli what will happen exacdy and ihose figure,s are an estimate; althongh he feels fairly secure in the figures for the parks projects as the 1'arks a.nd Recreatian Masterplan hits Chose projeces listed, but thaC the consultant's report pn the sireet masterplan could change this scenv-io also. There «<as a break for lunch at 12:00; aid the meeting resumed at 12:30 p.m. . 4. Counci12008 Csqals '1'he following ideas were disc;ussed as potenlial noals with further discussion to be scheduled for the June retreat: 1. On-line pennitting tinci on-Line trackina of our developmcnt process. The realization of this goal would allow developers to type in a code and be able to see the sCal'us of their projcct, including what is approved, nol approvecl, and pcnding. Ms. Regor said die County's 'system his some road blocks Nvich their effnrts to get on-line, and she is noe sure if the problerri is a design or a system issue. 2. R2COfCI and dat<i securiCy. tlttorne.y Connelly said we are entering thousands of bits of data with no control o<<er the content. Ivls. Sukup said rhat: regardinS the PT US system, that systern becomes our own in a couplE years, lhat Nve pay the County now to do backup and maintenance on it, and added thaC the systern is capable af trackino the development process now. She said the queslion is how of.ten does it get updated; adding that Mary Kate Miutin is lookin„ at milestone,s ancl will likely come tq council later with a report. 3. Fur1:hcr refnement of the information disscminationprocess, with the possibility of having a Public Information Officer Assistant, and the need for Counc:il to gee out more in the public; that there is aneed to develop a peogram that will get CounciLnembers more in the community aZd in front nf people. 4. Bond r invicing. i7iscussion turned tn budget issues, particularly wiih the need to clo sometliing about the future of the strect fund. Councilmernber Gothmann suggested we develop scenarios for alternatives and perfnrm adequate research to Fnd possible salutions. Ic was mentioned that after dic eorTipletion of the road stucly, we should have a hetter idea of wliat is needed to complete funding. The question of a bond came up and of the strategy iu1d necessary time frame to pliice any bond on the ballot. Attoriiey Connelly said that we would need at least a year to plan, anc1 a ye<ir co sel) and pass a boncl issuc, snd it woul(i be possible to have a mea.5urc ori the Novcmher 2008 ballot if we stsrted planning now. Further discussion ensued about the timing and the need tb 5et Chis done prior to the def:icit year, versus waiting until November of 2008 or even ivlarch of 2009 for << ballot measure. Aetorney Cdnnelly said he will resesrch the needed time frame for passing a bond. Public lnformation Officer Branch adcled that the Association of Washington Cities (AWC) has infonnation on tivho handles the communication and other aspects af placing a bond measure on che balloc; aod she could ctmtaet t:hem to ask if they could come to a study session to discuss time frames. Councilmember Vlunson mentioned the possibility of a need Far a bond issue for the City Center. Deputy City Nlanager Regor said this would also be a gooci topic for the June reereat. 5. Cpntracts. Councilmember 17eVleming asked about e.,,ploring the contracting issue and wheiher to have contracts in-house, through private agencies, thrnugh other means; ar to confinue our contracting position with the County, nat knowing whaC contraeting position the County will keep in the futurc. M.s. Regor said «<c arc recciving several difte.rent me:5.sages on our road maintenance canh'acts; and other contract intents are not clear; but ehut this will be eYplored Curther as part of the business plan. Deputy CuLincil Mimites Itetreac lanuaiy 27,.2007 f'age 5 of 3 Di2.AFT Mayor Taylor said he would also like to hear more about regional governance and the County wanting to ~ change t:heir torm of gUVernance, e.g. to have regional governance on police, road mait►tenance, sewer, animal control, etc. Yublic Works Director Kersten said tive have transferred most of our enginecring c;ontracted work to the private sector arid that has been working well, but iC we decide there is a 13ermanent need, it wauld likely be less expensive to come '►n-house. Parks and ltecreation Duect:or Jackson said the overall service with Senske is very good; and that the conh-acC with the Y for pool operations is rviming smo4thly. Councilmember Munson saicl pool improvemenLS is another topic for a.n opportunity fnr public commtmications, and perhaps it could be used as the message for the mnnth of Vtay. 6. Spokane Valley Community 17evelopment Btock Grarit Progrun. Deputy vlayor T'aylor sugges[ed we ctu the groUmclwork aliead of time and start the entitlemenl: process perhaps in 2009. V(s. Regor said Community Development has factored that in their business plan and is doing an analysis of havino our enCit.lement program. 7. Our own City Hall. Councilmember Denenny asked about the Cirneline of having our own cicy hall and of the iilte.rnatives. Ms. Regor said lhcre is funding in the biidget to concluct a spaee sttjdy to deiennine our needs; and we a.re setting funds aside for a facility; that s}ie is unceritiin of when a decision will be tnade, adding thaC we have a conlract for the current facility with 4VEB Properties until 2010. Nis. Regor said she estirnates it will tak.e four years to plan and build a city hall, and with the SpragueJrlppleway Revitalization Plan, we will be further along by the end of the year which could help in makino the difficult cletcrmination of how fiar we are from the actual decision. Ms. Regor addetl t.hat the goal is td have five million dollars in that fimcl by the end of this year. 8. Electronie T)ocuments. In response to Couneilmember Gothmann's questions about this process, Ibts. , Reg gor explainecl lhat tliere is approYimately $250,000 in the budget coward t}lat goal, whieh is ac.tuaUy a revised 2006 goal (Explore and Implement a Records IVlanagement System). Along witli e_leccronic documenCS and records management, the topic of televised council meetings was broached; as well as papcrless council p3ckets. I7iscussion included the ide.3 that televised council meetings terul to revise meetings inko council interviews; that citizens often a.sk for televised meetings as away to further involve our citizeni}; that thcre are many cilies which have web casts; the use of radio rather than television; and of the eilizen's actual accESS to such. 1C was cletermined that this will be a topic to add to the June retreat discussion as a potential 2008 goal, and that staff will research this lopic, alon€ with ihe ideti of paperless agendas and compuiee ~vritin~ beards, and have this discussed at future; council study sessions and/or the June ret:rcat. The meeting slopped for a sliorl brcak st 1:30 p.m., and resumed at 1:40 p.m. . 5. Stren-,ths, Weakncsses. Qnvortunities. 7'hreats (S.`V.O.T.) Deputy• City Manager Regor explained that this proocss tivas used in 2003, and felt it wrould now be a gnocl time to update lhe list. Below is the list generated and the number oFvotes for each item: Strenaths 1. Street Syst'em (quality af asphalt): 5 votes 2. Contracting: 3 votes 3. Comrnunity's Economic T)ivcrsity (balance of coiiimercial, industrial, etc.): 3 votes 4. Financially Sound: 2 votcs • 5. Capital facilities in good shape: 2 votes 6. Vision for the future: I vote - 7. Acti.ng on the vision: 1vrote 8. Lean Organizatian: 1 vote Councii Miiultes 12etreat January 27, 2007 Pagc 6 of 8 DRAFT 9. Geographically well located: I vote 10. Lokv utility rates: 1 vote ~ 11. 1'Ve are a City: 1 vote 12. Divcrse backgrounds/opinions represenced on Council 13. No historical baggage (newness qFCity) 1.4. Customer-oriented government 15. Area's Natural Beauty 16. Cadre of interesting, irivolvecl cicizens 17. Fnvirontneneally good shape (i.e., few if any natural disasters) 18. Strong executive lcaclership and staff R'e.i knesses ' . 1. Long terrn financial stabilily: 6 votes 2. Lack of infrasta7icture funding: 5 votes 3. Lac:k of coordination among j urisdictions: 4 votes 4. Lack of credibility, respecC and consideration ampng deaision m3hers al regional aiid state IeveL• 2 votes _ 5. T..ack oficohesiveness and community identity: 1 vote 6. Lac:k of state and loca) economic development tools: 1 vote 7. Lack of affordable housing: l vote 8. T.,ack of hiaher edueation resources in $pokane Vallcy: 1 vote 9. Not really learciing what c;itizens «rant 10. Ke-contracting: lack of certain amount of conts-ol in some areas 11. Not identifcd in the region as a"real" City 12. T.ack of adequate h-ansporfation for inter-country and inter-state Onnurtttnities 1. A.bility to revitalize SpraguelAppleway Corridor: 4 voles 2. Opportunity to stabilize street: Puncfing: 4 votes 3. Annesation potential: 3 votes 4. Increascd regianal conperation: 3 votes 5. Ability to crcate a City eore: 2 votes 6. Enhance public safety through return of criine ehcek: 2 votes 7. Building a City fi•om scratch: l vote 8. Opporlunity in mass transit for A poqd, comprehensive sysCem: 1 vote 9. Ability to involve mAre citiiens in culturaVcivic programs: 1 vote 1.0. Continued growth (population) 11. Land still available (eornrnercial; industrial; etc.) 12. Ability to ijlvolve more citi.tens . 13. Ability to reduce cri►ne throu-h inereasecl caoperation with SCpPE 141. Additional higher educalion opportunities/facilities . 15. Aging of our society 1 hreats 1. Wastewater cosLs (unsettledlincreasing): 6 votes 2. Esciilating cnsts of government: 6 votes 3. Anti-&,rowthlisolationist attitude: 3 votes 4. Uniformed decisionslfeeclback in region: 3votes 5. Unfunded mandales: 2 voces 6. f3alkanization of regional entilies: 1 vote 7. Paroehialism S. Changino dernoyraphics (aging of population; ernpty-nesters staying) Couticil Ntinutes RetreAt Jnnuary 27, 2007 Pagc 7 of 8 uRAr r 'I'here was brief tnention of t:he si[uation with Pratt Elemenlary School; and staff will cjn sornc researcli and report back to cowicil. 6.1i12AINS'1'012~1ZING: ' Police Chief: it w3s mentioneci that we have been presented with ihree candidates for police c}iief; that the issue of autonomy }ias not baen clea.recl up and that despite at least three mectings widi the Sherifl, there is no change. Ms. lzegor said that stafE' will move fonvarcl based on the existing contracC, that staff will report to Council on the status of conversatinns with the Sheriffs Office; that seaff will be looking for couneil guidance; that they hi►ve interviewect one candidate; another eanclidate ctoes not meet the education i-equiremeilts, and the third candidate has not yel been intcrviewed. Discussion included the importance of aut4nomy; what l:ind of conlract: do we want; forming our own ptiliee dcpartment; history of otlier municipalities with similar sihiations and thaC [hey forrn their own police deptu-tment after failed attempts otherwise; the idea of a metropalitan police departiient, the affect on ci[izens and level of scrvice «fiether it remains as is or chanoes; autonomy as one reason t1le city incorporated; the unwillin„ness oP the current sheriff not to budge in eontract ncgotiations; suing to enforce the cont.racc, neootiate the contract, or start: our own police department includin; the necd for a civit service commission; that the start-up.c.ontract worked Nvell but was clependent upon personalities; and that the Spokane Cou.nty moclel is a politiaal model, which means we clon't necessarily get the best person and [hat cancept runs conteary tp our form of professional environment. Attorney Connelly mentionetl thaC the autonomy is a roadblock issue, and we neett t:o remember that the police budget is ane-fourth of our budget; anct t.hat it is one ofi the hvo largest responsibilities Co our eili-r.cns; and that perhaps if tlie Sheriff's Oftice aan't provide the services in the way in which we define them, then there is no langer an arrangemenC with thc.m. Aher fiu-ther discussion of ideas ttncl afleels of Iiaving our own police department; Ms. Regor said she will cliseuss this with Ciry Manager Nlercier to determine when t:o bring lhis topic forward on a cauncil agenda. Lobbvist: v1s. ReDor said staf=f discussed identifying priorities willi the lobbyist, with high priority items coming to council prior to die lobbyisl taking any at;lion; mcdium priority items to be discussed with Mr. - vlercier in consult<ition wit:h Mayor Wilhite and Deputy Ntayor '1'aylor; and lower impacC icems being thosc which qnly havc a tangential impact. 17eputy Alayor Triylor said tie liked that: model, cspecially keeping in mind hnw fast issues move. 7une Reteeat: [t was mentioned that Councilmember Munson will not be able to attend a June 9 reh-eat, . and the d.ites of .1une 2 or June 16 where discussed. Ms. Kegor will alsn check with 'Nir. 1~fercier's schethile. There being no further business, the mceting adjournecl at 3:10 p.m. L7iana \Wilhite, Maynr ATTES'C: Christine F3ainhridge, City Clerk ~l ~ Courtcil MinutES Retrest Janusry 27, 2007 Page 8 of 8 ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-06-07 Manager Sign-off: Item: Check all that apply: (D consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Amended Student Advisory Bylaws GOVERNING LEGISLATION: Resolution 04-007, 04-018, 04-026, 05-015 BACKGROUND: Spokane Valley Resolution 04-007 created the Student Advisory Council for the City of Spokane Valley. Resolution 04-018 amended 04-007 and included a section stating that "prior to implementation, all such rules and regulations, including any proposed by-laws, shall be approved by the Spokane Valley City Council." Resolution 04-018 changed certain wording to more accurately reflect the intent of the resolution creating the SAC; Resolution 04-026 amended the length of terms of student council members, and 05-015 further clarified those terms of Student Advisory Council members_ The proposed amended bylaws were included as an Information only item on the Cauncil's January ~ 23, 2007 agenda, and at that meeting, there were no objections to place this item on the next Council's consent agenda. OPTIONS: RECOMMENDED ACTION OR MOTION: Motion to Amend the Student Advisory Council's Bylaws as per the attached draft by-laws. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Mike DeVleming, Councilmember. ATTACHMENTS: Draft, red-line version of proposed amended Student Advisory Council Bylaws , , S~~okane - ~p SPOKANE VALLEY . i .,;oOValley6 STUDENT ADVISORY COUNCIL BY- LAWS Intent The by-laws arE the rules that govern the Student Advisory Council for the City of Spokane Valley. Scope The by-laws should direct all student council activity during meetings. DeFnitions CoLmcil Student Advisory Council Term 1 year (September through June) unless otherwise noted 10.00 MEETING SCHEDULE & LOCATION 10.10 Council meetings will start in September and end the following June. 10.20 Meetings will be held on the first and third Thursday unless otherwise noted 10.30 lt is the intent that on the first meeting in June, the council will finalize its recommendation for the next slate of Student Advisory Council Ivlembers to the Spokane Valley City Council for approval. 10.40 Council meetings will be held in the Spokane Valley Council Chambers unless otherurise noted. 10.50 Council Meetings will start at 6:30 p.m. and will adjourn no later than 8:00 p.m. unless a motion and second to extend the meeting receives a majority vote. 20.00 ATfENDANCE ' 20.10 Council members will attend all council meetings. 20.20 Absences (other than illness) must be approved by council. 20.30 Two (2) Unexcused absences will be grounds for removal from cauncil. ~ . Student Adv'►sory Council By-laws Pa;e I of 4 ~ 30.00 ELIGIBILITY AND MAKEUP 30.10 Council will consist of: One (1) Representative from Valley Christian School. Two (2) Representatives from East Valley High School. Two (2) Representatives from West Valley High School. Three (3) Representatives from Central Valley High School. Three (3) Representatives from University High School. One (1) Student At Large. One (1) Spokane Valley Mayor or their designated representative. One (1) Spokane Valley City Manager or their designated representative. One (1) Representative of the business communiry. 30.11 All appoinfinents to fihe council will be made by the Mayor and confirmed by City Council 30.12 Lenbth of Terms 30.12.01 High School representatives will serve two (2) years, with an op'tional third year under listed circumstances: a. Representative is still afitending High School. b. Council votes to keep mzmber for the adcfitional y2ar. 30.12.02 The terms of the high school representatives will be staggered so that at least four (4) Student Advisory Council Members will be returning. 30.12.03 Student at Large will serve one (1) year. 30.12.04 Tviayor (or representative), City Manager (or representative) and Business representative will serve consecutive one year terms. 30.12.05 S.A.C. applications for high school representatives will be advertised in April and recommendations from the S.A.C. will be made in June to the City Council. Stucfent Advisory Cowlcil By-laws Page 2 of 4 i ; 40.00 OFFICERS 40.01 The selection of officers will be performed during the first S.A.C. meeting in September. 40.10 Officers will consist of one (1) CouncilChairperson 40.10.01 Council Chairperson will be elected by a simple vote of the S.A.C. and will serve a one (1) year term. 40.10.02 Council Chairperson will be responsible for presiding over council meetings and setting agendas. 40.10.03 Appoint chairperson of all sub committees. 40.20 Officers will consist of one (1) Council Vice Chairperson 40.20.01 Council Vice Chairperson will be elected by a simple vote of the . S.A.C. and will serve a one (1) year term (September through _ June). 40.20.02 Council Vice Chairperson will assume the Chair position in the second year of their term (September through June). 40.20.03 Preside over meetings in the absence of the Chairperson. 40.30 Officers will consist of one (1) Council Historian 40.30.01 Council Historian will be elected by a simple vote of the S.A.C. and will serve a one (1) year term (September through )une). . 40.30.02 Council Hist'orian will be responsible for fihe recording of all minutes taken during the S.A.C. meetings. 40.30.03 Preside over meetings in the abs@nce of both Chairperson and Vice Chairperson. . 40.30.04 Responsible for advanced agenda scheduling. i Stuclent Advisory Council T3y-laws Page 3 of 4 ~ 50.00 SUB COMMITfEES 50.10 Committees will be created, as necessary by the S.A.C. with a specific task. 50.20 Committees will dissolve once the specific task has been accomplished. 50.30 Committees can consist of other citizens (fellow students, business people community members, and other citizens). 60.00 GENERAL 60.10 The S.A.C. is an advisory council to the City Council. 60.20 All recommendations to the City Council are suggestions only. 60.30 S.A.C. by-laws will be designed and written by S.A.C. and will require City Council approval to ratify. 60.40 All S.A.C. meetings are public and open. . Student Advisory Council By-laws Page 4 of 4 ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 6, 2007 City Manager Sign-off: Item: Check all that apply: X consent ❑ old business new business ❑ public hearing information admin. report El pending legislation . AGENDA ITEM TITLE: Agreement for use of Geiger work crews. GOVERNING LEGISLATION: RCW 39.34 Interlocal Agreement Act. PREVIOUS COUNCIL ACTION TAKEN: Information only item January 9, 2007. Administrative Report January 23, 2007. BACKGROUND: The City has, from time-to-time, need for manual labor for certain work in the City's rights-of-way, primarily for weed abatement. The Geiger Correctional Facility, owned and operated by Spokane County, has work crews that can provide this service at rates significantly below those we could get anywhere else. ' ~ Staff has utilized such crews in the past. This proposed contract would formalize that relationship to a more significant degree. The essential nature of the agreement is that we would use them on an on-call basis, and would not commit the City to any set use. Our Code Compliance office would also like to use these crews to assist in abating nuisances on private property once a court order has been obtained to access the property. The only changes from January 23, 2007 were to add Chris Berg's name to the Notice section, and add in where small tools owned by the City and used by crews will be stored under 1.4. OPTIONS: . , , RECOMMENDED ACTION OR MOTION: Authorize City Manager to execute Geiger Work Crew agreement with Spokane County. BUDGET/FINANCIAL IMPACTS: Use of crews is $250 per half day. STAFF CONTACT: Cary P. Driskell, Deputy City Attorney, Chris Berg, Code Compliance, Tim Klein, Maintenance Superintendent ATTACHMENTS: Draft agreement for use of Geiger crews. _J CEIGER CORRFCTiQN$ CENTE 17 , ANrll THE CITY OE' SPOKAiN VAI..LTY Work Crew Serviccs Aereement 1'MS AGRFFI~.1T\zT is eff'ective as of the lst day of February, 2007 by and behveen SPOKANE COLN"['Y acting by and through the SPOKANF COi1iNTY GEIGER COR1tECTIOVS CEINTER, P.O. Bnt 19202, Spokane, WA. 99219 (hereinafter called "CONTRACTOR') and the CiTY OF SPOKANE VAI,,LEY, 11707 East Sprague, Suite 106, Spokane Valley, WA 99206 (hereinafter called the "CLIENT', OR "CTTY"). The CQNTRAC`I'OR and CLlENT are joinlly refe.rred to as "PARTIES" within this agreement. . NVNEREAS, SPOICAs\TE COUNTY GEIGER CORR.FCTiQN CrNTCR provides adult offender work crews for hire by other jurisdict:ions; and WFiEEZEAS, C1'I'Y has a need for manual labor to provide cJeanup for various projects related to public health, safeCy and welfare, and Geiger Cot7•ection Center has such labor available, and Wf-IEEZEt1.S, this agreemcnt will defne the terms and scope of worl: to be performed and a(locate liability for the Parties to this Agreement:; and -NOV✓, °I'I-IEKEN'OKE,, the Pt1R'1IES mutually agree on thc terms and conditions set forth below: ARTICLC ONE , SCOYE OF SE12V[CFS l..a. Scope of R'ork. Code CaianlirnTCe - 1. T,oading City provided dumpsters widl identified nuisalce solid waste (household garbage) and materials. a. Said waste and materials will not be FIAZTAT or BIO H-1ZMAT; b. Np lifi:ing bcyqnd fifty (50) pounds; c. City sG1ff precisely identif es solid waste & materials to crew supervisor who dirccts cffort~s. 2. Trimming of exccssive yard and shrubbery debris (weed whacking/raking). ' a. Loading yard/shrubbery debris in City provided dumpster. b. All work occius on public property ar if an private properly, CLIrN1' is responsible for obtaining permission. ' 3. Required equipment. a. 4Vork gloves; b. Safety glasses; c. Ear protection (as applicable); d. Weed eaters; e. Shovels (spade & snow) and rakes; , f. Inclement weather elothing. . , Geiger Corrections Center Agreement Page 1 of 5 ' ~ Code compliance staff' will coordinate directly with work cre,%v supervisors as to time and place of abatement clean-ups. It is prefcrred the erew supervisor view t.he projects before che schedule(i clean-ups for on site assessment. Code Compliance staffwill accommodate crew supervisors schedule. Rizht-.nf wcrv Cletrnun 1. The follotiving work tasks will be perf'ormed in the City's rights-of-way: a. Weed abalemeiit f no chemicals); b. Vegetation control (no chemicals); c. Non-irrigatcd Swalc rnaintcnancc; d. Litter control; e. Landscapc, manual labor; and f. Debris clean-up for City Code Compliance. 2. The City has purchased small equipment for these activities for use by CONTItAC'1'OR on behalf of the Cl'1'Y that CON rRACT0R keeps stored al ics facility. Geiger agrees eo perform minor maintenance on this equipment on an as-oeeded basis. For lhe purpose oE this Agrccment, "rninor maintenance" shall include tnaintcnaiace which would be performed b}° an individual if he otivned this equipment and used it for his personal use. 1.2 Compliance VVith T.,aws. The Cni~F'T'RACTnR shall comply with all applicable laws, ordinances and codes of the United States, State of Washington, Spokane Cowity and City of Spnkane Valley, including those Chat prohibit unlawful cliserimination. 1.3 Hiring Stanclarcls. The CONTRACTOR will use offenders houseci at Gciocr to provide • «rork crew services dlat to the best Icnowledge of CON7"RAC1'OR; have a stable «rork history; positive regard for the cammunity, and are in gond physieal condition and eapable of perfornainb the scrvices identified in Section 1.1. No inmates committed to thc custody of Geiger will bc assioncd to the woric crew who have pending charges or have been convicted in the past of any violent crime or who have been convicted of any offense requiring registration as a sex offender. 1.4 Equipment and Cleaning SuPplies. 'Che CL[EN'I' 'Will provide all specialized equipmcnt (c.g. baekpack blotivers and foiar whccl mcchanical mtilcs). This cquipmcnt will helong to the CLLE;iN'1" and will be maintained by the CON"I'RAG I'OK in gnnd working condition throughout the contr3ct term. Equipment will be maintainecl a.ncl stored ai a facility of CON.T.RACTOR'S choicc. All CLTCN'I'-owned equipment irreparably damaged or destroyed thr4ugh CONTRACTOR neglijence will be repaired or replaced by t:he CONTRACTOR. \'ecessary consumable, nnn-specialized equipment (e.g. mops, brooms and other hand tools) and cleaning supplies will be provided by the CLT.FNT to complete wrork projeets. 1.5 Vchicle. The CONTRACI'OR will provide a motor vehicle for U•ansporting the Nvork crew to the work site. The vehic;le will be owned and maintiined by the CON'TRr1CTOR. 1.6 Work Schetlule. The CLIENT shall esfablish a work erew schedule that anticipates usino Nvork crews on an as-needed, on-call basis. Provided, howcver, CLIENTS recogmir.es thnt CON'I'RACTOR retains the autliorit}, to adjust any work crew schedule. CI.:I:rNT will reirnburse the cost of the officer's pvertime if the crew is required to work be}=Qnd the standard workclly, or beyonci forty hours in a week as prearranged. `Che CL[ENT wiU neimburse the cost of the officer's holiday premium pay if Nvork is perfarYned on County holidays. ~ Geiger Corrections Center Aereement PaDe 2 oC5 1.7 Uniforms. The CONTRACTOR shall provide and have final approval of all uniforms worn by the work crew during the performance of work. «Then necessary, safety vests will be wont by the wnrk erew. The CONTRACTOR will ensure that this clothi.ng is cleaned and maint'ainecl in such a way so as to present a neat ancl "unified clothing" appearance for the work crew. 1.8 Tiidepcudent Conlractor. The CONTKACTOR., in the perfonnance of Ghis Agrcement, is acting as an inclepcndent contractor and not in any manner as offeers, employees or agenis of lhe CLIFN''f. 1.9 Reporting. If requested, the CONTRACTOR. agrees to prnvide monthly reports outlining hours of work each month and a gcncral summary of activities perfionned. Requested reports will be provided to the CLlENT no later than the fifrh day of the following montli during the term of this Agrccrnent. . 1.10 Media Contact. The CONTRACTOR and their agents agree to refcr all media contacts relal:ive to their work on this eonlract to City Public Inforniation Off ieer. ARTIC-LF TWO • COiNII'ENSATION 2.1 Services Tee. 1'he CLI.-ENT shall pay the CON"I'RAC'rOlt three hunclrcd dollaes ($300.00) per work cre«<, per day worked, tor straight time hours. Any work perf'orrncd on a holiday or in excess of 40 hours per work weck will be billed at the appropriaic Spokane County wage scale. - 2.2 Servicc Fee Adjustment5. .$ofh PARTIES to the As'reement will review the service fee annually. Adjustments to service fees pui5uant to Seciion 2.1 must be sub►nitted by the CONIRACTOR. to the CLIENT Cor consideration no later than Septembcr I S' of the year prior to a new budget year. 2.3 Tnvoices. CONTRACTOR shall provide Cf.IF-N'C with monthly invoices. CT IBNT shall pay said invaices to the CONTRACTOR tivithin 20 days of receipt of the mont}ily invoice. Payment for services will noc be released to the CONTRACTOR until invoicing and reporting requirements are met. A1tT1CI..F TE3,RE E TERM AND TEItititilVA':l'.KnN 3.1 Term. The term of Che Agrecrnent shall begin February 1, 2007, antl shall terrninate on December 31, 2007. This Aan'eement maybe renewed upan mutual consent of the PARTIES to the ~atTreement for up to five (5) additi~nal years on the same tenns; subject to mutually agreecl upon increases to the service fee pursuant to Section 2.1. A.ny such renewals may be pursuarlt to letter agreement sigmed by botlt parties. 3.2 Termination. T:ither party may terminace this Agreccnent for any reason whatsoever upnn griving the other parly thirty (30) days wrilten notice of such terrnination. 3.3 kiandling of 1'roperly upon Contract Termination. All purchases of eyuipment supplicd by the CI,IEN'I° and deemed to be the property of the CL1ENTT shall be imrentoried and kept separaie from other CONTRACTOR property. Upon termination of this Agreement, all equipment shall be returned to the CLIENT. . J Geiger CoiTections Cencer Agreement PaDe 3 of 5 _ ~ riRTICT..F FOUR OUALITY OF PE1tI+'bMHANCE 4.1 Ferformance. The CLIENT shall judge the overall quality of the worl: perforrnecl, and the sufficiencv of reaorcls. If during the course of This Aoreement, the services rendered do not meet the requirements ofi the CL1.rNT under diis contract, upon written notificatioa, the CON1'1tACTOR agrees to meet with Client and mutually deterniine what steps v-e neeessary to correet, modify and/or property perform the services. 4.2 I,iability. &ach PAR.T'Y agrees to assuine responsibility for all liabilities that occur or arise in any way out of the performance of this aureement by its personnel only and to save and liold the otlier parCy, ics employees and offcials, }iarmless from all costs, expenses, lnsses and clama5es, i.ncluding cast of detense, incurrcd as a result of sny scts or omissions of the party's emplo}'ees relating to the pcrforrnance of khis Agreement. A.RTICLE FCVG . - 1111SCELLAi~OUS 51 Pxrties-In-lnterest stnd Assignment. This Agreement is binding upon and is for the exclusive benefit of the PARTf.[;S hereto and their respective successors and assigns, and no person who is not a PARTY hereto shall have any rights under this Abueement, either as a third party beneficiary or oLherwise. Neither PA17"I'Y may assign this Agreement wilhout the prior written consent of the other PA R'I`Y. ~ 5.2 Notices. Any notice, report or other commu.nication requirecl or permiitcd taereurider shall be in writing and shall be delivered personally nr by regular US rnail postage prepaid, addressed as followed: If tn ContracCor: T,eon 1 ong Director Geiger Correction Center 3507 South Spotted Road Spolcane, WA 99219 If to Client: 1'im Klein and Chris l3crg City of Spol:anc Valley 11707 East Sprague, Suite 106 _ Spokane Valley, WA 99206 Any notice or other dncument or report hereunder shall be deemed deliveeed or given as of the date receivett, if delivered in person, or as of the date sent if mailed. 5.3 Entire AgreemenL This A€;reement supctscdes any and a11 prior oral or written agreements and understandings relacing to the subject matter hereof and contains the ecltu•e agreement of the partics relating tv the subject matter hereof. Al] exhibits, addenda, sehedules and appendices hcreto, now or hereaCter created, are incorporated into this Agreement by reference and made a part hereoP. The terms "hcreof," "hcrein" and like words shall refer to this Agreement in its enlirety and shall include such exhibits, addenda, schedules and appendices. 'I his Agreement cannot be amended or modifie<I, eYCept by _J awritten agreement executed by the f'AR'1EE.5 hereto or their respecCive successors and assigns. Geiger Corrections Center Agreement Pa;e 4 of 5 5.4 Governing Law. 1"his Agreemerit sMall be governed by, and construed in accordance with, tMe laws of the State oC Washington. A finding thaC an}' term or provision of this Agreemcnt is ' invalid or unenforceable shall not affect chE validity or enforceability of the remainder of this Agreement. Venue for any action arising out of this Agreement shall be in Spokane County. 5.5 Counterparts. This Agreement maybe eYecuted in several counterparts, each of which shall be deemcd an Qriginal, but all of whicb together shall constitute one and the same instrument. This Agreement shall be binrling when at least one counterFarC has becn signed by both PARTLE,S. IN NT►TTTOrSS 1'IrFIEREOF, tlle Pt•IRTT_ES have caused this Agreement: to be cxecuted on date aiid year opposite their respective si&mature,a. ROARn QF CQUNTY CC7NliVi1SS10NF-.RS QF SPOICAN'Ei CO"CTNTY WASHTNGTnN ~ATFn: Mark Richard, Chair ATTT'ST: F3onnic Mager; Vice-Chair ' C:lerk of the Board ]aaniela rrickson . Tottd Mielke, Commissioner C1TY Of SPOKANF VA_I.,LFY DATE.D: David Vleecier, City Manager ATTGST: Christine Bainbridge, City Clerk Approved as to form: Offce of the City Atturney Geiner Corrections Centcr Agreement Page 5 of 5 C!TY OF SROI{A►NE IIALLEY Req+~~st for Council Action ~ fWleeting Date: February 6, 2007 City Manager Sign-aff: Item: Check a11 that apply: 0 consent Xold business new bualrress [J public; hearing 0 Inforrr°sakFon admin, report El pending Cegislation ACENDA 1TEM TiTLE: Seccrnd Reaciing Proposeal Ordinance Arnend4ng f]~n-gerous Dog I AppeaC procedures GO1fERNING LEGISLATtOhi: SVMG 7.30_ PREV1OUS COUNCIL ACTiOPi TAKEN; Resolution 03-046 delegating authonitgr #o 8uCC #v hear appeaas relating #o dangerous dogs and potenti,akly dangerous dogs_ Adrninistrative report to +Council or► I~ecemtaer 12, 20{}6. Second admirtis#rakive repork to Cauncii on January 6, 2007. ~ FIF'st f62dII'Mg J3f1uaPy 23, 2007, BACHCGROUND: 1"he 8~ard of Commissioners for Spokane Coun#y have mnsidefed appeals of determinatians khak certain dogs are "dangarous" as that #ern is defne-d in City Code_ Tha BoGC EecentRy advised fhe City that tFwey are go€ng to d;~~on#inue doing these appeaIs far us. ThGs change af appeal body rneant that the City vwrruld need to muise some af its appeal procedures in the munieipal code. C}~ ~~ember 12, 2006, khe Council gave staff directfon to redraft the pro+redures in a manner that sen~~ appeals of admanistra#ive decisions to the E-iearlng F-xaminer, w+rhosEi cfecisiora would be finaC, appea€able to Suparior court. Nothing has changed in the proposed ordinance between firs# ared ser-and reading- OPTi()NS- Approve as draited, Or instruct stafF to rrrake addktiona1 changes. RECOAIlME#+l{3ED ACTION l3R IkIIOTIQN: "I move to adopt Ordinance 07-003 ~s drafted.," BUDGETIFINANCIAL IMPACTS: Ariticipated ta be revenue neutral. STa4.FF CON7ACT_ Cary P_ Lriskeil, Deputy Cfty Att[trt~ey ATTACFIMENTS: Proposed flrdenance 07-(}03. URAFT CITY nF SPOKA.tiE VAI.LFY SPnK.ANE COUNTY. W AStT1NGTUN URDINANCE NO. 07-003 AN ORDLNANCE A;VIEti'DLtiG SPUKANE VALLFY MIiNICIPAL CODF SECTION 7.30.010, RFPEALIitiG SPOKAivE VALLEY MLTIYICIPAL CODE SECTION 730.030, AND ADOP"I'LNG NEW SFCTION 7.30.035 RELATING TO DANGERO[?S DOC. UETERMINATIUNS 4ND APPF:ALS REI.ATED THERF.TO. ADUP'TING NEW SECTION 730.040 RELATING TO PO'TFNT1AI.LY DANGEROUS DOG DF.TERNiINATIONS AND APPEAIS RF.I,ATED THERETO, AND ADOYTING NFW SECT[ON 7.30.045 RELATING Tv REGISTRATION OF llANGEROUS DOGS IN TTiF CITY OF SPOKA.NE VALI.EY. WliERL-AS, the City of Spokane VaUcy previousiy adoptcd Spokane County's regulations by refrrciicc relating to licensing and control of dogs and cats; and W HERFAS, the City of Spokane Valley curnently wntracts by intcrlocal agreement with Spokane County to provide nnimal contru) services; and WHEREAS, the Spokane Couniy Commissioners pmviously provided review of administrative determinations relating to dangorous dogs and potentially dangetvus dags, but ctcently notisod tbe Cit<< ~ of Spokane Valley that they could no longer do so; and WHL-REAS, the City of Spokane Valley dcsires to havo a Hcaring EJCacniner consider appeals of ndministrative determinaticros regarding dangerous dogs and poitntialfy dangerous dogS, with any appeais fram those decisions taken to superior caurt. NUW THERLFUItE, tho City Council of tbe City of Spokane Valley, Spokane County, Washingtan, ardains as fol)ows: Seciion 1. PuMgse. Tho purpose of this Ordinance is to rcpt:al and replace the existing regutaiians celating to the kocping of dangerous dogs and potentially dangerous dog,s, and the registcation requirements af dangernus dogs in the City af Spokane Valley. 5NCtioo 2. Amcndins[ Spokanc Vallev Municipal Codc_j. tion 7.30.0I0: SV hiC 730.010 is atnended :is folluws_ A. Parsuant to RCW 35A.11.020 and 35A.12.140, the City uf Spokane Valley addpts by reference Chapter 5.04, entitled "Dogs and Cats" snd Chepter 5.12, entitled "Inhertntty Dangerous h4nmmals/Rcptilcs," of the Spokane County Code ns now in efFect and as subsequenUy amended as the animal control rrgulaiians for thc City of Spokane Valleyz eicent ns sng!iificallv sei forth in SN'N1C 0.03,i relaiin¢ to anneais of deeisions of «hether a doa is danaerous. and cxcrot ss segciricalh sei nh in SVN1C 7.30.030 nclasina to a.vneals of decisiens af whethrr a daQ is m4entialh- danaesrus, and --VeCificsliv xt fanh in SV'NC 7:0.043 relatin to recistraticm of danAerous LioCS, and _',,:epLM r.:*ralir~g thr a.?t~ntion of Sio~.~kane Counh• Codc scctions 5.04_032. 5.04.0 i3 and 5.04.035: ctny rrference to "Spekanc County" in Chapters 5.04 and 5.12 of the Spokane County Code shall be conswed tu refer to the City of Spokane Valley. ()rdinancc I)7-01)1 1rr;ttiding D.mLeiuu; Dog Appeal Prcxedures P.ige I of 8 nR tirI 5cction 3. kcvea{int; 5Voi.anc Vallc:v NtuniLIpal Lox1c; sccUvu 7'Ju.+>;ii: >\.%ll: repzaled in its entirery as follows: ~.,1i1;~~{ }{t•sc-~i==riti-Yr F•~-nft~~ ~►t.E:ti~ LL1:~;. =i'~-'-..-.c•?: _ . . :c-~i.--.._. .=.._r.:_Mi ~rT:~ - .-1 r>::-~'-~ ~ _ c _ . . . - T--- _ f ~ -sid affiPpedl5. heftHfit . . Bf}~r- . - . ' - - ta.j.s e__ ~ i _ . . . . . . - - - - . . . - ~ • , - - t I Sm-tian 4. Adopttni, Neyv 1'[uvi iinu for lhcfaratiunz. I:eJatiiip, tt, L)angerous nao, and an AppeAl Proccs~ RelatinrLi'herctu. The City of Spokane Vallty adopts a new scY:tiun to the Spokane Vttliey Municipal Code, 7.30.035 entitled "Drcinration af Dangemus Uog C)etcnninaiion - Appcals Relaiing Thereto." which is set forth as follows: UeCla7ation of Qan~eraus Dori Drtcrminatic+n - Appcals Rrlaiing 1-hereto 1! i'Ahen the animnl canttol dirtictor or drsiQnee has sufficicnt informatinn to determine thas a 1o,i: is dan¢erous as detinod bv Stokane Cuunty Code section 5.04.020.11,,- .I;rertor,or desicmee shall makep,preliminan di-claraticm that the doe is danet_ In thc nrnt a preliminan' determinnticm_is made that the dasz is danaerous_ socifv the dog wncr ur ketpcr in. certified mail. rewrn reieivt rcqurv. 1m' ROUC~ (,r .j°•, rni;n.;~~.:i1 ~ti,jl-; ~chi.-h ~1 ~f thc _ a 4c~rigtian L iLccnse numbrr. if: _ the re4E!2ns ehe ;i an crous: if the dog has bcr[i deternnined to bc 4an •erous . then the cvntrols statc.i SV?1,LC 7.30.045 sha11 a N. and _ an c\planation of the o«nrrs ~~r kct-pers riehts And the,rmM~r~cedure . ?reliminarv Dkterminalion of C)aUerqus Dou - Pri,.r to ~;r .uurnal ;:+i:. j ircctor or desiLmer issuinq a final determination thai a dop is dan2grvus. per in tiNr;- -rra1 cr*ntrnl Oirector tir desicnee shal) ncrtifv the n«ner or kee DRAE"i' _ - ' - - Qive ar~lh• ar in w7;tin& any rcasuns or infiirmatjun 85 to «hy the dog ::I.,uld not be derlarrd dangcrolm The notice shall statt th~ date. time. at~ lo_catinn of the aQMi~'~rati~°c rr~irw mrcKing which shaU ciccur prior ro_thc r.pirrstion j ftfte~n calendar daN3 follauingmeigt of the noticr. 701q_.QNvnqrZ krrpgr mav propose an aitrrnative mectin,g datc and time, but such ::lrninisuative rcvir~+• mcrting Chall Qccur w~ithin the fifl~xn-dav time oericKl srt t.,nh it~ this sertion snd shail bc on a d$ta and timc ~cccn~lc to the animal ~~nttol director or desisnee, ,1 iteL spch ndministrative rcview meetig,e-thc anima) conuoi dircctar ar 'e,i ee • 11 issuc a final detcrntination, in the Tarm of a•~ritten ordcr. with 'iflm calendar dn}s of the administratNe re%-iew mcetina. !n the event the ,-:imal contml director ar dcsismoe drelares a di~gto he danertous, the ntdet include a rccital of thc authorit)• for the action, a bricf cancise +taiemcnt of i"L facU that suan~ the determination d tbe signaturc rf the Dcrso~ w•hq m Ae ihe deiermination. 'kit ordcr declnring a dog is dan¢erous shall be delivered co the dog o%mer ar ~L:2gr in uTiting rithcr bv ~nal deli%en, of bv restular mnil and ccrtificd .,:.ail. rrturn trccjpt rcquegcd, 14 i :>>jN dgg tha is declared dangcrous bv the animal contral director or desigPee, whet e 7-irclimirtarv Qr final, shall bc immcdiatelv irr~g4undexl until the owner.g,t keepcr rcgistcrs the dn$ .6, danu-s in accordance µ•ith 5)';1C 7..30.445. Thc oµntr or ksrpcr %%ill ha%c tif"trr y ;rom the detc the doe %vas de~lp~ed ¢~izerous to regisSer the doQ nr apMal the dtlmation ;-~un t to subscction b~l ti+elow. If the owmcr vy kceper faiis to reg',tcr e doc or appesl the .?rterminatiort=_the dog will bo cutlmized- nt the directian c►f thc animal control director ur ,iesiencr If the owner or kecpcr app5~als th dan~s erous dnp declaratiun. as set frrih in sub~:ti n 16) bclow. the Log will bc hcld vending the outcome of t c a ~ l at the >hrltcr a c owngl::* n at a rate cstel+tishcci b~ thc animal control authoritY. Tllt OW'T1Cf M{iCCQ[i OF A dO¢ SUhICCt 1D 8 dCClAfdllOil 1}11l ihClf dO~S' IS dA17Qeigi15 [[UiV dp ~ne final nritten detcrminatian to the Hearina Exarniner «ithin fifteen da%s after issuence ~f ths ~cL isiott tiv fiting a notice of ayMal N itt tbe animtil contml iuthotity. The hraring :U811 be hdd Aithin tw'cntv da%•s nRcr reccipt uf the nntice of appc$!, unless it is cantinucd for RPQO ~;A >'iQwn Tht animal clintml dircctor ar designce shti 1 noti6 thc owntr cx kc~ in writinu c~f thc :i;Ate. tisne and Ig~atian of the nppeal hc4nny, L+eforc the Hcarine ENmines- and said notirt shall i-c m-cciYed itt least five days t+sfore the hearinc. The arc+cx! hcarine shal) bc rcsardcd, and thc 1 fearing Eramincr may ailow tCSTIiTIo'~x ,.tl:j iiC:l?S sh,tIrc_~~~~~ 'cicmtinotion that thC dga is dan¢crn:,,, I ,61 ThcHcaring~„Kaminrrshall iss"- : ttii;ii~:i.~~'__ li.:ti': ~:i'.ii~ 1 t~~~ _ ~l i. o'%-ner ur keeocr and to ttsc ammal contml ditvrtor or desiancc. w-it?tin tifteen dA%s of the ,nncal hzarin~. Thc Nc i 's daisio all acce,pL re~t or modify tfie +miaistrati%e determinatian that a dog is dangemus and shall includc fndine of fsct anA ,:onclusions nf law that sufiport the decisiQn. The Henring E-miner ma~~ mcv3ifv the 1aenninatiun that a dog is daneerous to n detzrmination that the dog is p,otentially dangemus, if :E;e far.ts %%amnt_3nd impx.~sr am of thc rcquirvs;Cnts set fnrth in SVN1C 7.30A40(4). The .i~.I~. ~t .~.•;~I t ;i-~•. :11,_~ . . ;l ' - I ~ . ~ _ ~ - •I. . I I: . '1~~ (?rclin:ince 07-013 :'1mcn.?ing [)isnkcruus Dug AEircal ProLrdUrc5 Pau c I ~~CB DRAFT I • _ . ; i . _ _ _ " _ _ ` _ r , _ , : _'~S . I b ~i ; . . , _ - , , • _ ~siC I}IC detiisloil Hilb rc::ZI\Cd. I1 zrli J,;il±icill UphoSd, ihe administrs:i%C dCiC1-('ft:Rni]o[1 ihut 3 is danecrrus, and the doe owncr ot I:qqcr fails to txmeh reaister the dap, ur appeal the ::nision to Sutxrior Cowt. thr doe uill l+c cudhanized at thc dirccti~~n of the anim.sl conttc~l .1irector or dcsigmer. If the dou o%vnet or kerptr imelti apnals thc danp-cous Jog de:.laratio». ::ie doQ will be held gending thc outcome kif thl appea! at thc sheltrr ai the o~-nets et se. at $ ratc c~,tjhli~hni b~ thz animal con 1 authL~ntV 5ectioa 5. AdqRti, ng_New Stxtian SVMC 7.30.040 Providing for [kclarations Relntin~ tQ Potentiallv Dangrrous Doas-and an Appeal E'roce_C,Js_.Relnting 7herctu. The City of Spokana Valley adupts A ncw soctian tu the Spokane Vallcy Municipal Code, 7.30.0-10 entitled "Ueclarniion of PotCntially Dangcrous I?og lleterminntion - Appeals Relating Thcrcto." which is set forth ns fullows: :,1~1;;0 Oec-Watio n ot Putrntiall% Dan erous Dog Uctrrmin_a_tion -.42RgaJs ftelatin I Lr i I)Whtn the animal conlrol diccar or drsienee has suff-iclrnt infermation to detrrmine (hat n c?og is aotentiallv dangemus as defned bti• Spc►kane Cc+untv CcXie seetion 5.04.020., the animnl _,-,nvol diractar or dtsianer shall make a oreliminary doclaration that ttte do& is potentiallt' ' an eerous. in the evcnt a,prcliminarv_dctermination is made thnt t}te dcg is notentiall4 dsnQrr u ar,• ....rl .•~11 t{i,. ,~~ncr r.r 1>rt~ f„t t\ fltin ~ hti n Kn.,~ ~ r h- _ t s Clt~1c: r,~'1 PR . n i the send: .....-~.~i~t~: _ii!~ .1'''_ "'i :i~~:'.Il u«•1~.1i:_Il_,_ ~.'1,1f. . IiCenSC iiumber, if am 1: tbr, rrasons the animal cantnal directl5t or c3esi~,ncc cansidcrs ttte ani, pc+tentiall%dancerous; ' tiur ent that the rtistrat;on and convols set forth in suhsection (4). bclom.. -iav a Iv. ~ :-i exntnnatian o- thr o«ner's ur I.cenrr'i op4+:~rtunit% and riehL pursunnt ' ~\'W 730.0400 Kal, to par~iqipate in an administrative Pe'iew %k itit the anin,.. ,_..,ntral directar or desicnce to prrsent infornstian on Hhv the daR should not I-... ,'cclared tx)tentiallv cianvrrous: ' :~?.atemen!_ Qursuant to S\,'`9C 7.30.04413)(b). thal a faiiurc by et~e do¢ awner . to reaust and attend an administrative ttview %kitti the anirna! 4ant:. ; I _li-cctor or desicnrt shall constitutr a faifure to c!chaust all admini5trat:~-_ r: rttedir,s, and thAt such failurr w cxhaust all administr-ati~~c rcmt~ciics ~t_:_~ :'1~:~1lt~C_.'i[t\ 3['~~c3~ t~f.th: ~~In,;ni;tr~ti~e~r(em?inat~r,n'•f1 r1•t NC:l~~it<~ F\'3T1llf'_.. . i . 1I1 (lydinancc 0?-001 Amrnding 1):lflpcC~1LLC DU~' :p~lC~4I ~~i~~Lrc{ur~•= ul !t I l)ILA FT ~A i~;l' •(iC`i '-1:L~i~~ ti ~i:il(± ,i - 7C 'i - ~ - - I-valing a dcilar-wipn thai a daiz i5 patcvtia►1v dantLerucu. inc;uding an anQcal , -TTL at~~ ~ review aRer preliminan- sdminisuefitie dctctmination: t'-: liminan• Detcrmination Qf Potentiallv panacruus Dost - Prior to chc animal :.,rtro) directc►r Qr designee issuin„g a final dstcmination that n dog is potcntiall~. ~::r~erous. tht animal cQntrc+l dirrctor ot desjmwec 35n11 natil~ thc awmr os itina tc+ mett %kfth ibe_ani,Lnal l;.:prt in writing Lhai he or sbe may requcst in ~%T ~tml diractor ot dcsignce f r an administrativa rcview mreting N•ithir~ fif~~ :alendar davs fr1lewing tcsriat of ihe notics at which administrati« rc%iev- , mecting thc o%%mer ot k-ceuer mas ei~•e. orallv c%r in wTitine, am reasgns o; iniormetion as co wbv che doa should not be doclared Mcntiallv daneerous. ('ncc an adminigrati%e review mctiin¢ is Mguestcd in writing bv the owner or thEanimal contml ditectnr or dr:iQnre ahall vmide written noticr to ths ner or kee= c+f the dstc titnpand ptnue of the administraeive rcv iew mwiltY, Administrative rtview mectinas mav be canducted t_r.lephonicalh. A tailure by thc dog omner or keeMt t rMucst and attcnd an adminisvauve r_vinv mcccing with the anima) contmj directer or dcsigncrs_ ll constitute e ::ii2ure to exhaust a1) admini5trati%c remetiics and such failure to exhaust all :i,'ministrativc remedics shall ptcclude anv itDRNnI of thc administrativc •1.~!rrmirlatiAn to ~t Hr.arina LKamincr or t4 Court. i. ) ','ter such administrati%c rc%iew meetine. the Attimal cunvol dir+ectoT or .c,ianee shall issuP n final dct ination. in thc farm af awrittcn .~rder, m,jthi-n t~rtnn calendar davg of the administrativc revicw mectin¢. In thc rvcnt che -n imal contm) dircciar pt desipee dcrtares a dag to bc p~trntiallv dartgsru~ order ah311 inctude a recital of tbr authuritv fet the action a hrie coneise iIrmmt cii thr facES_that suonort thc dctermination. and thz signature of the ,.iC I~ - , . A-, 'r_'`-'-- danpr-rc►usshallhcdeiveredtochrdog ~ Lj~rso?nal drlivrn•. or b% regutar rrtail .:ier Lir kccikr in «ricing, rithcr :.ccncr_of a doL, deterTnined to bc potentiallv dangerous under this chMter shall c•- . r,~- --h mgN include. hut is not Iimitod to. the fallo%% int: fCnCltlg„TO ICL'CP the do w1 i ow-ner's or 'e t' Lbf cgn ction uf a dQ& nin cvnsistent aith ihc sils Qithe da~ %'*ithin w•hich thc dng must bekcvt; micmchip identification. as scl forth in SWl►ane Count~ C4►dc section 5.04.036i (_f ) ~cLpinti thc do& on 4 1_ adcquau to control thc dag or sccureiv fastcnrd to a ;.:ure obiert v►brn Icft unanendd _,:eninu the dog indoors at aI ti , except when on a 1_eash adwuate ro conu~ _i;c dog and undrr the rac ual h%-si,:nl cantrcal of a competent }?erson at le --i,recn \ear c+faee: and I irdm3ncc 0"-003 .3inrniling T?angrn•iis Ilok Appe;tl Prncciiurcti l'aL!C tiof 8 DR11FI' r;N►.iinp :It t17e kfE:T1i~,:5 ti►ith at Icast onc L:Icar{, jnL ~~_~l Gs~t ,re issnotentially dangrmus dog un the nronem In aLditic•n thc u«ncr ha! l _,ri,vicuoucl%, disQlav a sign with a Warnins svmbol ~hat inform: childl~l o_f_thr tL~gnctofapnicntiall. daneemusdoa, ti eener of a dog sub,iat~eclnracioa that thcir dqg is ~tentiallv dangcruus -,av ap2~Lal thc final -%4ritten detrrmination to thc Hcarine Examintr within fiftccn dam er ~,sunncc af thc dpcisinn b% filing a noiicc of apptal µ ith thc animai cnntroi euthoritv. subjtct to , hrarin¢ shall bc hcld within nkeTIh 3a%5 aftrr e limitation siaied in SVMC 1.30.040(31(c)- Thr ;,~21pt Of thC ilCtitiCC Qf $Llpg~A, unless it is cantinusd fQr ecx~d cause shoN~n 'I~~ 3nimal :ontt~l ~:r~tur ar dcsicuticc shall notiN the owncr or kecaer in wTiting of ihe daie, titne nnd I~~atirn ~f !s).c apeal hcaring befare the Hcarine ENamintr. and said nutict shall Ex received at Iea.St tive `-A%s txfiye the hearine. The P,gMI hwina shall t+e recorded, and the Nearing FxnminrE mav .Ilaw ectimonv and dc►cument3 that are rele~~xnt to the adminis7rative determinatfon thai the dog ;.potzntislh- dancemus. ,_10 1hc Ncarin; Examiner Shall issue awrittcn decisian and mail a"ipy of the decision tn ths oN%ner or kcMer• and to the aoimal cenuo) ditsctor er desiQrter_ within fjfteen da,.s of thc .:Fpeal hesring. Thc Hearing Eramincr's decision sha11 sccepL rese4't or mc+difv the ;;lministrati~c detcrminatiorZ,thAi ~ doa is Wtcntiallv dangerous, xnd ahail include findines o` ,:!ct and ~~nclusios~s ~►f~,aw thel sup~st thr dc~iaic~n Thc de-cisic.~n shaU be gi%rn thc etTect oo r~n;sl decisinn_h% the CitN Cnumcil_and Ihall_.tate that thr dei:ision_ma~ hc arrratni tii-cliun 6. .1dc,~atinL Netiv Se.:tir,n SVN1C 7 30.0-35 Pruvidins.-for Rrcistraticm i_,i L3o&i - Rcquirements - Mnua! Fcc. Ttie City of Spoknne Va!!cy adopts a new ;ectic►n tu thc Spul,.:: Vullc}+Municipal Code, 7.30.0 1! lTIi'il ••)Zc`1'.~1T:!11it1 'I ~.9r,^Cfill!~ n;-; - I:.,~7:~~C1T1:'f??ti - :~~li'i l. er," which is set forth as falh ~ iC.llil all1►Tidllill_TToi tlldllll ~liiii~l ~l~!\5 oI 3_deil:ltdil~iil . _ . .,tteen daA5 Qfffie ap~.+ral detisian if ar~410 as providrd in SV%SScti;~i~,i~ 7 30.03i_ N~~ ~i - -hal t~ :eturned hv Spc>kane lc*unm animal contrvl to an%one ttnor :o the issuan~r if the _:rtificate of rcuictration. The crrtifirnte o gi,, tion shall hr iscuc+i v if the owner or t:hc d.anaerous doeprcsrnLs sufFicient oroof of thc folloN'Ine: pro+~,er enclosurr tu confinc a dangCfQLLS dOY 8I](J aC~511n o tiir remi;es with 4 1_::~A% visible sign thaT_t,~ere i~ a danecmus dng on.the~m,,,perv. [n additinn, the QN-ner 11l consnicuouclv ditptav asiffn \Nith aw:arning c'\mSil that rnformc chit;iren of the : ~t~ i~.surcr ~ualiticJ un~lCr ~f~aptrr ;X.=~ Kl:\i in a for-:~ accLn:abl~ Io thc Sx.~'t,:uzc t_j:in , animal contral in the sum o at Icast h+u hundmd iltn'.thausand dollars, pa\ablc ~iq\ per:on injt~rr~i 11w tiie dsneerous dre rrearcilcss of «hether the iniun' oCi!11'S on or Ordiiuince 117-003 ;lmrnding Uangrcow; 17uv ,1ppcal Procedurrs ('al_'c 6 ui 8 DR.3E't' <uch as nomeaw-ncc's insurari 4c, i$sucd h% an snsutc~ ~,unMiticd undcr RLN% l itlr 48 `3n che amouni of at Icast tua hundred fifty chausand dollsm inLwing the aurer of kccost .3r anv_rvrsonAl iniuries iaflicted b.• the dangemus doQ re$ardless of whethcr the inJ „,t~e owner or k~r's ntemises: and ! _ and lcash f~r the danaerous dog. In addition. the ownrr or kccM of a dangerous doe shall furnish to S~e County animal cantrQ) 4 comg)ctc copy of ihG surew bond or leability insurance policv sQqcificd in suhsection (A)('_') and (:1)(3). and tihall allew the Ceunh, a rcwnablc time tu revicw the bond or pQlicv ta dctcrntirtc hetbettf, lisbilitv co%cgge is suffcZent pric+r to iscuinp~ihs ctrtificate of rceistntirn, s;i i i-►<f.:_cro d es m~a be spa~cd'ncuterQd within thirt~• dsvs of rcgistravon. Tbo owrcr or L.c:coer oI the dancttous dott sh4fl.pt~~'ided sufficimt nmaf of such ,spa,ving`nrutcring P.romnth r;,, Ss RQkan~ Coimn- animil conuu.l, _ C In additian to thc rcguIar dog licensingfees set tarth in Sfttion 5.04.030, thc ouner ar kee~ f a_danremus doP shall pay an ann«gl re¢i5iration ec in the amaunt of onr hundred dollars. ; i-._ - -~---~'---i_i _''.1 . ,-.ti~i• t ii10IIth ..':d dovs as cd fincd in RC W Section 4'4.410. 7The ewneor kccpcr of a~anaemus dn¢ mus7 notiN Saokane Caunty nnimal contrvl in Nrit;neiP the do¢ is decea$c~ or if zhe dnnecrou-kdge is to he relocatai o. r ii chcm. is a rhani*e in «esshi .Q 1r thc evznt of a chanuc of o«nGrshi and lor relocation of the dangerous doe. t e ~\%,ner oT kerpcT muprtivide S ok.ane Cauniv animal contml Nith t c coWlete addnss n~ ,honc number of Thr new owner nr keeVq2dnLLo the chan¢e uf c►wnrrsh4p and'or relucntian o :hc dan¢emus dog. The ownrr or keeper 4f the dan¢rnc►us dng under this subsectian must alW •~~--titv nny ~ubseauent o~~ntr or kcet~er uf thr daa's.fCSismaii~~r~ a~ a daneerous dve_ i_F) pogs dcemeJ danQerous bv ather iuricdictio_ in the state of Washingten will t+e subicrt tQ !he same maulations as if the._ha%r tm derme4 dan¢erous in Sj►of.ane Courm~. I?~.ies deemcd _+:mstrrous by sdicti4ns outsidr of t c state uf Vl`ashinctton %01) be evaluated and dedat~ Janszrvus bv ths_ animal contral director or his un cer desi_Qre an sn individunl basis to Jrtrrm' euethcr thsv meet the ~,rquTnemcnts o1' a danUmus dog, takina inio account th~ .atcria e9abt:shed tn- Sertioii 5.C1-l_Q20(,8 Do¢s mtetina ihs' reguiremrntz ni a danbsmvs do4 ;:nder tfiis suhsectian must be rcaistered bs sqch, nnd are subiect to AII ather mstrictians immsed , [angaroiss do rc i 'an must be rrnct,. cd nSry_ turlvr manths. A rcins,Mition of the ta_~l tv is required priQr to renew•al. The owner oc 3:eKr shal) also Rtqvide Spc±l.ant Ccwntv .ui'tmal controlprc-,of of proner insuranee as sveciFied in cub-wtion (A) (if this sectio rin~ to re- rtj1,,istratiL1n. Scrtion 7. Severabili (f any section, sentence, clause or phrase of this Urdinance shauld be held to be invalid ur uncansUtutional by a court of compe-tent jurisdiction, such invnlidity or uncanstitutionality shall not affect the validiry or constitutianality oF nny uthar section, sentence, clausc ar phrnse of this Urdinance. ~ Ordijialice 07•00 ; Amrnding [)ani-cri,u; Dn; Appeal E'rncc+fures I'a~~~ 7 o1 S U I2AFT Sec ' 8. Effective Date. Ihis Clydinsncc shall become effccti%c chirt-v duys aflcr ruhlicatian of the onlinance, or a summary therrof in the ofticial newspnper of Qle City. ;\duptrd ihis day of Februan-, 2007. t'ity of tipokane Yslley tilaNctir. Uiana \ti'ilhite AITEST: Cttv Clerk, Christine Bnirrbridge Approvcd as to Form; Oflicc of, the City :tttrrnc} C+rdinance 07-003 Atncnditig f?an"erous C3ng Appcal Prucrdures Pagc 8 oC8 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 6, 2006 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: Senske Park Maintenance Contract Amendment GOVERNING LEGISLATION: N!A PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: In 2005, the City contracted with Senske Lawn and Tree Care for park maintenance and maintenance of the Centennial Trail for a total annual cost of $607,602.25. This is a one year initial agreement with four one year renewal options. In 2006, the contract was renewed at the same total annual cost of $607,602.25. The 2007 renewal of the Park Maintenance Contract vwas offered to Senske at the same total annual cost of $607,602.25. Senske has countered with an offer of a 2% increase in cost. This would result in an increase of $12,152.05 to the annual contract. As per the contract, cost changes must be justified and mutually agreed to by the City and the Contractor (Senske). Based on a Consumer Price Index (CPI) increase of at least 2% for the , preceding 12 months and satisfactory performance by Senske in meeting the objectives of the contract, staff feels the request is both justified and mutually agreeable. OPTIONS: Approve proposed 2% increase in contract cost. Deny request or recommend a different amount. RECOMMENDED ACTION OR MOTION: I move to authorize a 2% increase in the 2007 cflntract with Senske Lawn and Tree Care for maintenance of the parks and Centennial Trail. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Mike Jackson, Parks & Recreation Director ATTACHMENTS , CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 6, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information 13 admin. report ❑ pending legislation AGENDA ITEM TITLE: Wastewater Update PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Spokane County Utilities Director Bruce Rawls will give an update on some of the aspects of the topic of Wastewater. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS January 2007 "Update" Wastewater Financial Plan and Rate Study . , , January 11 Wastewater Financial IIIILJ ip ici ate Plan and Rate Study February 7 and 8, 2007 Public Meetings Scheduled: &I G I r:i` . ~ -d 7~rP t:al!ii f.' :==515•a~ES. af~' Ci.rS_°5 Q~cr tlic past 17%c ~cari, ucr rcgiu:i h;sti !>c:n cngagcJ in devclopmcnt of atw Spokaae INSIDE Riti•tr water cluzlity requircnunts. Cunstructing a new stau of du cut 5pokn»e Caunry 1Ynter Recismation Facifity in the Spnkane Vallry, and paying our share of upgrades at the Process and Schedule for Ciry of Spoknne Riversidc Park Water Rettamntion Feciliry, wili contribuu to mating Adopdon of New Rates thcsc requircmcnts. The new faciliry will pravide for compfetian of tfie County septic [anJc eliminacion Firu-ram, continuccl tcuiunal gno-mh, Yti %vell a, IttCtfittk 1~11E~~ LjL77I1R' How Cost of Serv{ee Rquircments. ts Cetermined Spoknne County enicned ccnlrali7ed wastewsicr nianagciisrnt lrc 1980, «-ith s¢wtr ratcs, ~f Cost of Sarvlce Rate 5750 pcr month. Sinr.e then, we raisrd our rates as noeded in order tn keep pace with clic Siudy Process costs of operating and mainLuning the system. In uddition, we now have a Wastewntcr Treatment Plant Chnrge of S6.68 pcr mdnth that is used to pay far improverttestu How do customers nrcessary W meet current «aicr guality standards. Wc have woriccd vcry hard to impnn e poy tot tewe► satvica cg~iencia, eliminntt maintcnance problems, 7llld ItCt41 CDSLS OTOpG[1UQt1S IOW. Cou and Psyment ConsWersdoas H°A'~~, ae sre abont to enter a nevr rcallty tor wastewater costs, rata, and cbrrger. Spokane County will bc funding a11 costs for thc new CounN fucility and s propartioaal where to geL more information sharc (22J perernt) of improvemtttts ni the Ciry's facilit}•. Rcccndy, a plan was submittcd to the Washington Stnte Deparlment of F.cningy with a pmposal to meet wuttr qualiry rcyuicemettts, which inctudes n prujc~-.cd cu,t r5tim3IC C,,r wpitel itnprovcmr:us. Evcn thaugh we du nnt }'et knmti t~haz the rtcw ra;cs .tnd Jhargcs u ill bc, it is clear thIt P : tipokane County witl need +ignificant increuses ta monthfy sewer service charges, astcwnter tresrtment plant chargea, and Geaeral Facilitid Charges tn gcnvidc FinanciM _ t- t , rn rnucs necessary to construct and operate these fncilities and mect water qunlin rcyuiremeats. We knaw increased sewer rates and chuges wifl not be popular. Hr,wever, NORTH wo enwurage you to compare the value of protecting ground and surface water3 in nur Wednesdey, February 7, 2007 coi»munity to the value you plsce en saWlite televisioa, cable tclcvisian, cell phonc. Luid 7:00 p.m. - 9:00 p.m. high speed internct scrvica, or oiher monthly costs yau incur Evergreen Elementary 215 W. Eddy Avenue 5~u are invited w attcad the February 7di or Ftbruary 8th public tisecting to lenrn rnore Mutt!-purpose Room abuut tbe program and financiel plan anci rnte study process being stacted, and W providc _umments an, luw-income seniur and disabled custnmer discount being cansiderrd. .1 n VALLEY ,,j,~~nity ta ssk questions and pmvide cnmments will fol{ow the stnff presrntatic~n. Thursday, Februery 8, 2007 7:00 p.m. - 9:0o p.m. ti'01R Cc,MM[Nrs ANu Pt:rz5Pt_C i iVt:SAR r-_ rMPOK r:iti i North P(nas lunlor Hlgh 701 N. Pines Road Cafeterte HOW DO CUSTOMERS PAY WHAT IS THE PROCESS AND SCHEDULE FOR FOR SEWER SERVICE? ADOPTING NEW RATES AND CHARGES? Spokane County currorttfy uses Spoknnc County Utilitics is jus[ staning to updatc our fmancial plrun and tvic studies, by four types of sewer rates ard holding the frrst sct of public mcetings oa Februnry 7th and 8th. ARrr the public mectings, c.harges, as described belvw. we will rnnsidcr public commcats and woric with aur cansultsnt, Financial Consulting Solutions Gruup, to: MorttlNy Sewer Servlu Charges ara retes Fsaid by all sewer • collect financiei and customer data, customars. They are besed on the • rcfine financeal anelysis fbr various alternatives, cost of servico to aach customer • develop several elternarive rate and chmge sccnarios, cless - residential, commeiaal, • hold n sccand set of public meetinEs (Lee sprtag 2007) tn present mult{-famlly, and moblie home proposed rata attcmntivcs and gather public aomments, parks. They pay for operation and • rcfinc our work and presertt it to the Bosrd of County Cnmmissianers, and maintenance of the coilecUon • hold a public dwriag (early summer 2007) for the Board ef County system end treatment pJant,. Commissioners tn consider adaption of pmposcd rates and r.hurgC9. Genersl FaNiFties Cba►ges HOW IS COST OF SERVICE DETERMINED? (GFCs) are paid once by each new cuSiAmer at the Ume ~st of sen~ice rntc study is initiated to eyuitnhly disttibuta the sewer system operaiing of eon~ectfon, basetl on the ~d capitet custs to the various t}~pes of custamer elasses (e.g., rosidential, multi-femily, proportlonal share of system ~mtncrci9l). it fint determincs the pmportinns af thc sy~stcm thnt is uscc! far each typc of capadry used. Commercial s7'~ demand, and thcn delermines who is rcsponsiblc and W whnt degree. Using statistic5 customers pay addiUonal GFCs fo~ fr+~m the County's utility biiling syste,m, nlong with sewcr system planning documents. thc coflows. GFCs are used St of service nnalysis allocaics n proporr incteased : , :r • i' :I,~ Ito finence ConsVucttan of maJor basod nn numbtr of cusfimers and valun, p+pelines, pumping ststions, and treatment ptanis. The finaJ stcp in dctemiining cost of sen~, to rxover the fair shere of costs fram each custunier class. Key cvnsidrrsuons dunn_ Waster►ater Troatmefft Pfartt study's rate aesign phnsc src cquity, undcntundnbllity, and hnancial (mpait.. Finnl ratr., _ ChatSes (WT?C) are rates peld dcsii{ned io collett the reguired revenue to operate the scwer rystem, while minimizfng rac, monthty by each sewer custamer. 'mpacts to rustomcrs. 7hcrypayfortheCounty'sshareor COST OF SERVICE RATE STUDY PROCESS upgrades at the City of Spokene lacifity, and will help pay for the - - ♦ ' . ~la~ new COUnty faCllity. ' ► , ~ -•~•;a ~a a • fr =i_ Capltal Facilttiea Rates (CfRs) pay fpr Installatian af sewer systems In neighborhaods as I part of the Courrty's Septfc Tank Eliminatian Program. These rates are psld try owners of pruperties served by the Prcgram following " construcUon af the sewer system in lhelr area. The GFC Is tncluded ~ tor each new customer. mis rate :s set each year by the 8oa►d of Counry Commisstoners based on • . the cost oi wnsiructlon, minus the avaltable grant funds and + Suh,idleS. . ~ ~ ~ t . - - + ~ . NOW MUCH WILL RATES COST AND PAYMENT CONSIDERATlONS AND CHARGES GO UP? Durmg tht 2007 H:istcwntcrfinencial plan and rate study, altcmntivcs -will bc dcvelopcd At this Ume, we only ha4e an rcgardins how the ncw w$stevvater fibcilities and rcquired waser quslity pmtecticm esumate of how much monsy ProS'rams might be paid for. In tbe mcantime, here are a few answers to qutstions you will be required for capttal mi¢ht hsvc. Improveme3nts and opetetfansJ maintertanae costs. 1'he impact ho N iU Pa%? N4onthJy sawcr scrvice chsrges ur paid 6y all customers, and Gcncral on retes and eharges will not be Facilities Charges are paid by new custamers. Thertfare, the cosu for rnastruction known unUl the 2007 wastewater of the new fecilitics will be sprcad ncross existing and new customen. The costs of finane181 plen and rete 6tudy is oporbtions nnd maintennnce wiU be paid by all customcrs connccted to the sewer systcm. completed. We anttcipate thai nsw rates and charges wffl be AR llICR A6y Gr1OLf Oi OLI!!C SOU1'LtS Ut FLLpdIAg? At this timc, no granb oro adoptad by the Board of County anticipated ta bc availablt W afTset the cost of these projxts. However, 5pokaae County Commissionars in Qer1y summer has sccured a State Revolving Fund Loan through the Washington State Ikpartmcnt af 2007Ecology in thc amouM of $73A miUian. The inierzst raie will range fmm I 5 prrccnt ta 3 percent, which will rtduce the cost of financing the projtct RA7ES FOR LOW-INCOME In uddition, county votets in t6e 5pokane Valloy-Rxthdrvm PraitieAquifer arca SENIORS AND DISABLED reauthariad the Aquifer Protectina Arra (APA) Fccs tor a 20-ycar period beg.inning in CUSTOMERS 2006. Yl►ese fees will help affxet the cost af lhe septic tnnk climinaiion program. ensl pmvide soma funding to ofisrt the cost of uratmeat plunt pxojects to meet water qualiry In curJuncufln with the 2007 rrquiremenu. lhe umount ofAPA Foes thut will be available ta the treatment plnnt wastewater financial plan and PNjat will be cstimated in tbe 2007 financioJ planning work. ►ats study. Spdcane County is eonsidering a dLseourrted sewer How 1►lurd Is It Gatag To Cost? Spoicane County ha3 devclapcd cost esrimntes serviee rate for low-inoome assmiatcd with constructipg ncw facilides and implementing new progrums to prc>vidr ssMors and lowancome disabled ~pacity and mert new Spokane River watcr qun{ity reyuircmcnts: custDmers. fit a discounted ratQ !s establlshed, dlgibfliry w(II be tied to SpeCitiC Cf'ttErfa SimilSr to how Ncw Spokane County Watcr Ralumalion Fa:ility, including intluent piM, we determine eligiblt'tty for pruperty DumPinB statkKm ftatmctit processes, nnd outfnll: providlvg 8 millioa gnlluns tau exemptbns. We look fotward 4er daY of ncw wpwiry. [o hearing your comments on this pu-ssiblu rate prwision. r„ . , . Es4imvlcd :utit . 'N--, aUawqncs trum Z007 to 2012 for ncw tiEx,4ane ~oiL.i}'s County ptvBtamithill ? 2.7 petxnt ihurc may indude waitt of improvemtntsst conm"atiM rL-Ctftimed ;tivcrsride Pnrk Waur water ust, and watcr itrrlamation Facitity qunlity iuJuptiWiic ,tirsiugh ycar?012 uiti~:~ic•. WHERE CAN I GET MORE INFORMA7lON? Mark o , . PUBUC E 1 hlore inturmauun abnut thc: Spakunu County Wa- obtained at ~~uu.~nol;anecounh.orr.'uiilicirsw,~ A ti1or: inforntiation about eurrcnc Spokanc Cuuntv Et.j:e~ ai;d narb" %';'1u be NORTH i>btained at u~~w.svc~kertzcoudi~'.~c~-utilsties admirv. Wednesdey, February T, 2007 7:00 p.m. - 9:00 p.m. Morc information ahout the waier quality issucs and requirrments in the Spokane Evergreen Elementary River can be obtnined at wx-A,ciient-ro5s.ecM!saol:ano-ti%'er' and at 215 W. Eddy Avenu± RnrrThursday, February 8, 2007 7:00 p.m. - 9:00 p.m. Nortfi Pines Juntor Hi 701 N. Rines Ronci Cateterle . . -1 M ':,•lt+_ ~^Yl spoy'w cotNi tipokaLne County Public M ' lltilities Divisicm ~ - _ ~ Public Meetings Wastewater Financial Plan ` ~3 t y • ,t . & Rate Stud r~ i ~ Spokane Guunty, is preparing I to build a new Regional Water SPOY'W CO(.)~UI Reclamation Facility to meet the area's long-term wastewacer treatment needs. ~ Cost estimates have been prepared for the anricipated projects. The Utilities Division invites you to learn more and seeks your commenrs on the upcoming wastewater I financial planning and rate setting process. The outcome of this process will be higher rates and charges for Spokane ~ County sewer customers. WHEN & WHERE North Valley I Wedncsday, February 7, 2007 Thursday, February 8, 2007 7:00-9:00 p.m. 7:00-9:00 p.m. Evergreen Elementary North Pines Junior High I 215 W. Eddy Avenue 701 N. Pines Road Mulci-purpose Room Cafeteria I Tht•rt w•ill he a forinal prcsentatioti On thC updatecl ~X~-Iter Reclamation Facility plan, cost estimates for construction ' and uperations, financial planning activiries, and future rate analysis. The presentauon will be followed by an opportunity to ask questions, discuss the process with . County staff and cotlsultants, and provide comments. -Iu be added to the projcct mailing lisr, call (509) 477-7176. ~ For more informauon, conract the Utilities Division at (509) 477-3601 or visi< <vww spokanecounry.org/utilities. ~ i ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 6, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ~ admin, report ❑ pending legislation AGENDA ITEM TITLE: Spokane County Comprehensive Solid Waste Management Plan Update PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Spokane Regional Solid Waste System Regional Recycling Coordinator Suzanne Tresko, and Contract Manager Damon Taam will give a presentation of a Summary of the Alternatives presented in the draft 2007 Spokane County Comprehensive Solid Waste Management Plan. Alternatives are the choices or options that each adopting city and the County needs to consider for inclusion in the final plan. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS Alternatives Summary PowerPoint presentation ~ ~ ~.SOLID Spokane Regional Solid Waste System WASTE 808 W. Spokane Falls Blvd. Spokanc, WA 99201-3333 SYSTE fUl (509) 625_65537 0 FAX http:/lH,H,w. so li d waste. org 2007 Spokane County Comprehensive Solid Waste Management Plan (SWMP) . Pending alternatives "Alternatives" are options or choiccs of solid waste management goals and program dcvelopment. Alternatives are dcveloped by the Solicl Wastc Advisory Committee, the Stakeholder hipirt Commiitee, public input, and staff fTom Spokane County and the Cities within the County. Uetailed ciiscussions ou tlie followi.ng sections can be found iu the dr-afi sections of the 2007 SWMI', availablE on the Spnkane Regional Solid Waste System's website wwv.solidwaste.ora. Seetions 1 Introduction, 2Waste Gencration, & 3Natural & Human Enviroiuuent are backgraund and data sections and do not have alternatives. Section 4. Source Reduction Product Stewardship - Product ste►vm-dslrip is a prvtltret-centered approacl2 tlrcrt emphasizes a shured responsibility by ull a~''ected parties for reducirrg 11ze 2i2V1Y011iI1C'i11C1I I771pClCfS Of pPOd1.(ClS ClilPlY7g II1211• mani facture, use, reuse, recycling, rrnd eventual dispasal. 1. Devclop parrnerships with privatc sector organizations to provide reuse aud recycling options for seleat products. 2. Use purchasing power to encourage product stewardslup. 3. Support prAduct stewardslup effarts. Procurement - Local, state, and federal gavernment, and bu.ririesses cari und do use their ti•emendou.SP1lPC'Ilf1J'IYIg pO1NEY l0 I)1fI2f6YIC:B II1L' J7YqCIilCtS tj1RI I)1QY11lfC1CIUPBYS bl'119g lU the »tarketpluce. The Lnvironmerita! Proteetron Agency (EPA) ha.s clevelopecl u list of designated products and associated recyclecl-conteMt recornmertdutians for federal agencies to ctse i++heiz ►naking purcliases. T17ese are 1b7own as Cumprehensive Pr-ocurenzent Guidelines. 4. Use purchasing power to i.niluence markets for recovered materials. 5. Incorporate environmental perfonnance inta purchasing decisions. Internal Waste Reduction Practices - TinplemerTr tivusre r-eductlon pracrice.5 li'7 IUCCII ' goverrirrtent policies und procedcn'es i++herte ver pi•acticable and cast-eff~ctive. 6. Implement in-house wastc reduction programs and practices. ~ Waste Reduetion Edueation - Me.rsages stress inereasing prochuct life, clioosing reusable and durable products, selecting pr4deicts wi1171ess packugifz, clecreasing product `consumption, more efficient use of resources, fincling reuse opporttcnities, using alternative prodaicts that create less wuste, and reducingproduct toxicity. 7. Continuc waste reduction education programs. PrUVide fiBancial assistance for private wastc rcductipn eFfor.ts. 9. Provide recognition for waste rcduction successes. WastelMaterials Exchanqes - A waste exchange acts as a liuisai hel-tveen waste generators and potential users of that waste. • 10. Continue administration of waste/materi als exchange. 11. Promote private waste exchangcs. Section 5. Recycling 2005 Spokane County recycling rate is 42%. Residential 1. Continue to strive to satisfy thc State's priorities for recycling. 2. Periodically evaluate existing recyGling prbD ams to deteruunethe feasibility of . adcling new maEerials or removing materials tliat are no longer economically feasible cca c411ect. 3. Mdnilor public education ef.forts to mai.ntain the current success as well as increase the amounts of materials diverted for recycluig and composting. 4. Monitor and respond to Washuigton's electronic waste recycling law ESSB 6428. - 5. Assess suije stream recyclables collection. C'onrminkletl recyclahles are placed into one contuiner. Kecyclables are then sorted (ier tleli>>ery to a.Material Recoyery Facility ("cleuri" ?LfR.F). 6. Espand voluntary curbside or drop-off collection of rccyclables to rural area.s. 7. Evaluate front-end processing of waste to unprove recovery of material prior to inci.nerarion. Afront-end processingfacility, 1,(SIYlgC! CQIJ1fJlylCillUlI Qf 771pTJ1lQI QY1CI mechanical sorting, would allow the removal af nnn-sepur•utecl recyclables and bulJ`c}; non-cnnzhustihle material.s frorn the wtrste streum, also cullecl u"dirly VRF". 8. Evaluate the current residential recycling system far potential i.mprovements that will increase diversion at tlle lo«iest cost with thc highest effeetiveness. 9. Fxplore technology to distill all plastics together for recycling. Comrnercial Recvclina 10. Continue to support and enc;ourage private e.ff.orts to divert recyclablc materials from commercial sources. 11. Continue to encouragc non-residential recycling through incentives, techiucal assistanCe, and recogn.ition pr.ograans. 12. Fncourage food Nvaste manageuient by the commercial scetor. TI7e sugge.rleci arder for management offood waste !s: (1),jood donution; (2) corrver•t to cmimal f'eed ancl/or render•ing; at7d (3) c.ompost. Local establislmterrts shoiild be encouraged, through educutional efj"orts, to follow tl7is hierarchy tivhen possible. 2 13. Fstablish a:fZecycliug Market Development Zoue in Spokane County. "Recycling , `.1lrfarket Development 7one" are a means ta attract busiriesses Nra1 nranufacture produets using waste materiuls, and crlso creule jobs and t«.x revenue fa- the regia:, by offering profitable incentives to those manufacturers. Ecamples of incentives that this progrum cun provide: o Co►v-interest loarrs, technical assistunce, and fi•ee product niarketing to businesses that: 1) process seconda►-y materials or use materials froin the ivaste stream to manufacture theu• products and 2) are located in one of t1Te specially designated geographical zones. o Streamlined local per»:it processes and ,ritirig assistance; o Less stringent Uuilding codes and zofzing lmvs; and o Reduced taxes and licensirzg o Technical Assistance o Afarketing Support 14. Establish a Resource Recovery Zone i.n Spokane County. A Resource Recoveiy (IZIZ) Pnrk canbines unique ivaste reduction and recyclitrg concepts with traditiazal industrial park development. Tt is es.reritialdy the ca-lacation of reuse, recycling, compostproces.sing, manufacturirlg, and retail bu.sinesses in a cerztral facility Compostin4 15. Expand yard waste collection efforts. 16. Build a local facility for municipal conipost. ~ Public Recvclina 17. Provide recycli»g at public venues and events. 18. Provide centralized neighborhood recycling bins. Section 6. Collection l. iJse at incentive rates in the francluse areas to encourage recycling. 2. Changc servicc Icvcls to caphire more households. 3. Contracting for recyclin;. 4. Altcrclative collection strategies. 5. Mandatory collection. 6. Mandate that haulers ofi:er commercial recycling. 7. Centralized recycling ldcatiqns for rural houscholds. Section 7. Transfer System 1. Develop criteria far determuiuig if the existi.ng transrer scations need to bc upgradecl. 2. rLssess nceds for additional transfer stations. 3. Establish locations for stagiub and storage of natural clisaster debris. 4. Offer re-use area. Section 8. Energy Recovery/lncineration 1. Nlaintain the WTE Facility to continue operations aftcr bond retirement ~ 2. Add a thirci hoiler to the VJ'I"L Facility. 3. Evaluate f:ronl-end processing of wastc to improve recovery of'material prior to inci.neration. 3 4. 17evelop Malloy 1'rairie Landfil.l site for ash disposal. - , 5. Close WTE Nacility. 6. Combine the ash ajid bypass disposal contract -Mth the W 1E operating contract instead of rene~Nring the existing cantract. 7. Maintain the VJTE Facility to continue operatinns aftcr bond reiiremcnt to serve the City of Spokane only. 8. Sell the WTE Facility to a private company or Public energy utility. 9. Sell Malloy Fr.airie Landfill 5ite. 10. Prohibit unportation of waste for combustion ai the W'1 E Facility. 11. Recycle the fly ash from the NVTE Facility. 12. Confirm tllat the NVTE plant can meet rcquirenients if WA adopts the CA standard of. C02 emissions for energy sources. 13. Consider eartllen digestcr (as an exwnplc - or other similar facility) a.s alternative to trap mcthane gas and use for energy. Section 9. Landfills 1. I~ivestigate alternative transportation modes for waste tr-ausf.en•eci to an out-of-county landf:ill. 2. Fxpand the Northside Taancifill MSW cell f'ar contingency/by-pass use. 3. Examine post-closure care funding for County- and City of Spokane-o'wned laudfi_lls. 4. Monitor cievelopments i.n alternative processing technologies far municipal solid waste. Sonre of these melhocLs include: Anaerobic cligesFion, 13ivrefning, Pyrolysis, GC1SIfCQrlp)Y, Plusnta arc, bioreucto►• : 5. Assess developmeut of an in-eounty MSW landfill for use after 2011, either public or , privately owned and operatecl. 6. Assess long haul of municipal solid waste out af the County. 7. Assess using both tlle «rTE Facility and out-of County Landfill for Disposal of mSVV. 8. Builcl a landfill in a remotc arca (in our oul of the county) 9. Separate biomass from solicl waste for methane gas extraction. 10. Identify needs and costs to rcmediate closed landfilis in the County (including privatc land611s). 11. Establish funding mechan.isrus to cover post-closure costs of alllandfJls in the County. ' Section 10. Miscelianeous Waste Special Waste 1. In Spokane County, any generator wishing to manage hazarcious wastes as special wastes should consult with the Washington State Taepartment of Ecology (Ecology) and, as appropriate, solicit the services of qualified waste managcment conttactors for handlulg anci managuig the wastes. Hazardouti wastcs are not acceptecl at inuiucipal solid waste facilities in Spokane Caunty unlcss they are household hazardous «raste or &om small waste, Apricultural Waste . 2. Development of emergency response plans regarding agr.icultural waste specific to available resources and operations and iu coorciination with local, state, and federal `agencies. 4 3. Contiuue to support existing federal, state, and othcr agcncy policies and procedures that have been developed for the maiiagement of animal carcasses that have been diagnoseci or suspected of being carriers of an in.1'ectipus disease. T.,arge-scale incident response mechanisms would be coordinated wieh f'ede.ral or state authorities. Policies and procedures would depend on the type of disease, its presentation, and consensus among agencies and facilily opera/ors to determine adequate final disposition at any given incident. Asbestos Waste 4. Continuc to educatc homeowners about proper identificatiou of asbestos-containitig materials and proper hanclling and disposal methods. 5. The System shoulcl conlinue ca work wilh SCAPCA to devclop morc comprehcnsivc _ informatyon and outreacli sirategies. Information is availablc on the SCAPCA website w1~tiv.scanca.orv. Ash from Waste-to-EnerQV Facilitv 6. Continue to moiutor research aud iuvesti;ate alternatives for ash utilization. Any changes in the handling of ash resadue riust be proteclive of public, tivorker, und environmental health and safery, and should be accrampunred by un early r~nd substantive public process. Any aslz recyclirrg pragranr shoulcl be preceded by extensive research into recycled ash, tivith docutnentutiun lhat no larmful efj"ects exist --l from the recycled ash products before a project is unclertukeri. ~ J Biomedical Waste 7. Continne to coordinatc with SR]7H i.n thc distribution of educational malerials for correct uiana-gemeut of inedical waste generated by residents. 8. Contiuue to plan and coordi.nate -with the appropriate Fecieral, slate, and local agencies regarding emergency response Plails invc~l~~ing human or animal discascs. Biosolids and Septane 9. Continue to monitor potenlial changes and eYaminc other alteruatives for future disposal; ii'necessary. L7 theJulru-e, lund appdication ofl:las.s 13 biosolids could become lunitecl becrluse vf regulutory chunges. If land application ivere n0 longer a viclble optiaz jo►• rhE majo,•iry ofbiosolids drsposal, a suhstitute method ivould need to be iinplemented, srrcfz as application to forest andpasture larrrls, Ur COP)7IlUSll17g. 10. l uuditig soutces sliould be pursued foi• existing biosolicis cornposti.ng faeilities that need t4 replace aged and worn-qut equigment, to iinprove systcm processittg, and tu Pravide reliable aperalions. 11. New facilities should bc promoted as fiuiding sources aie available. Contaminated Soils - 12. Continue to allow thc privatc sector to manabe and dispose of cnntam_inated soils ul . pemukted .f'acilities. These operations are likely to continuc to use the Craham Itoad _ RUF or otlier appropriately periuitted facilities. 13. ~Vhere approPriaie= support and encouragc dlc private sector to treat contaminated , - soils ta minimize the amounts Iandlilled. 5 Electronic Waste See Recycling more inforirratinn on electronics recycling, and F-zhibit 5-7, for a list of ' sites in Spokune Counfy where elecn•onic units are recycled. 14. Keep e-wastc recycling activities within the private sector. Foundrv Operations - Indusb'ial wastes such as lhose fi•om foundry operafions, if nvt vtherwise clesignated ac drrngerous waste under 173-303 WAC, are reg7ilateci by ihe SRHD. 15. Conti.nue to allow the privatc sector ta managc and dispose of fotuidry wastes. 16. Management practices should bc encourageci to rcduce and recyclc these wastes, wheit fea.sible. ' Paqer Sludae 17. The County and cities should contuiue to allow the private sectnr to appropriately manage and dispose af its paper sludge wasies. 18. vianageiuent practices to reduce and recyclc these wastes should be supported and encQUraged, when feasible. Tires 19. Encourage Caunty and city purcha.sing programs for recycled ti.re products. 20. Continue to promotc and implement County and city fleel prograuis to reduce tire waste. 21. Continue to include information on reducing tire waste anci recyclcd tire produces in , public edtication programs. 22. Allow tires as feedstock for Waste to EnErgy Facility during seasoilal low-volume periods. - Universal Wastes 23. Continue to aIlow small quantily generators to bring iJtiV to c:cistivD Sirall Quantity Gencrator (SQG) wastc col.lecti4n events for prope.r disposal. 24. CoiZti.nue to promotc the private sector to appropriately manage uiuversal waste for recycliug- Section 11. Construction, Demolition, Landclearing, and Inert 1. Continue to provide outreach and education on options for the waste reduction or recovery of CDT /T. 2. Establish CTaTd/I wastc diversion specifications for County or muiucipal projects. 3. Use recyclcd content matErial specif calions for County ar municipal construction and cngineering projects. 4. Taevelop a CDL anci Inert waste diversion ord'ulance. 5. Create markets for CDLJ[ by promotine reuse and recovcry. 6. Evaluate fuiancial incentives, Systein partncrslvps, and polieies to encourage recnvery/rccycling of. CIaT /i materials. . 7. Contiuue wilh development af a Disaster Management Plan for eniergency disposal aetivities tliat coorclinates with federal, statc, and local agencies' cmergency plans. . 8. Assess options revarciing development of in-County CDL r.ecyc:ling or disposal , tdcilities. - 6 Section 12. Moderate Risk Waste _ Household and Public Education 1. Lrpanded public education progra.ms to reduce the generation of moderate risk waste. 2. Continue to providc public education on alternative products. Household Hazardous tiNaste Collection 3. Use mobile collcction centers to targct rural arcas. 4. Provide on-call collection services for moderate risk wastc. Mercurv Waste Education and Outreach 5. Coatinue to provide education and outreach to residents on the risks associatecl with mercury in the wasle stre.am and to promote the availability of 14H1V collectiou sites and recycli_ng busi.nesses for alternate methQCis of processing along with proper haudliug and disposal of this «raste. Business Technical Assistance 6. Develop aud distribute pwchasing guidelines for re-refined lubrieating oils. 7. Continue to prnvide business cnllection assistance for MRW 8. Maintain en;Forcement efforls by appropriate enforccment agencies. Section 13. Administration and Enforcement 1. Snokanc RcQional Solid 1Waste Svstein 2. Solid Wastc Disnosal District 3. Solid Waste Disnosal District with an Executive Advi.sorv Committee 4. Tndenenclent Rerzional Authoritv 5. CitV-Onerated T)isnosal Facilitv 6. Ref-yional Solid Waste Planning- Comm_ittce Key Issues . A com.mon. topic during the S`VMF' iJpciate process was the admin.istrative structure of the System afte.r the retirement of System bonds in 2011, and the ending terni or renewal of interloeal agreements shortly ttlcrcafter. IT 15 llI1p0I'fEl11ti LO aCk:ll04Vledge that decisions aEFecting the structurc of the System at the end of interlocal ae eem.ent ternis will be ciecideci by each jurisdietion's elECtcd o$icials, aud will not be resolved i.n this Plan update. The updatc process provides a forum to document current condilions anci key issues as foundations for discussions ainong electeci offieials in the fuhuc. "nce System will provide solid waste disPosal facility serviees and associated programs for jurisdictions for as long as tliey clioose to be a part of the System. (Sec Lxubit 13-1 for details on intcrlocal agreeineut dates.) NVhen the Regional City Interloeal Agreements come lo the end of their terms; cach city will have the option of renewi.ng or negntiating new interlocal ageeinents with the System. Spokane County and the City of Spokane vvitl automatically be renewed tuiless both agree to ternunate or renegotiate the _ Agt-eement. With renewal or negotiacion of a new interlocal agrcement, the System would continuc to provide disposal facility services as well as the other solid waste programs and planniiig scr.vices such as moderate r.isk. Nvaste, waSte reductipn anci 7 rccycling, ancl the administrative support staff to imPlement those programs anci plazuung activities. - J-3ac•h City jurisciiction alsca has the option ta npt renew their ulterlocal agreement vkrith the System and either conslruct their ovvn dispasal facility or transfer station, or contract Nuitli another disposal facility or transfer station. Jurisdietions could partner wi[h onc another tluough interlocal or other formal agreements for disposal facility services. From the revenue of those operations, they would fund their own moderate risk waste, waste reduetion, rccycliug, and other solid waste programs and planning activities, either with their oxvn actministrative supPort staff or diose of another jurisdietion or private contractor. During the 2007 Plan meetings, several regiUnal solid waste adui.uustralive designs werc discussed. The Syscem's dcsigti is described below followed by th.ree designs proposed by the SWAC a.nd the SIC: the creation of -a S41id Waste Disposal District, the creation of a Solid 1~Vaste Iaisposal District witll an Execucive Advisory Gommittee, and the creation of an lndependent Regional Authority. A fifth ciesign dcscribes au individual municipal solid waste aclministrative structure. The first and second versions call for the creation of a Salid Waste l.7isposal District. Solici Waste Disposal.Taislricts arc autliorized by CbaDter 36.5$.100 RCW' and bave been e.ffeclively implemented ii1 bnth Lewis and Whatcom Counties. Both of thesc versions catl f.or a County Solid Waste Tairector to report to the Board of Cnunty Commissioners. fti addition, the sec_ond version includes an Executivc Advisory Committee. The S`VAC/SrC designs require that the County oNvn or contract fur the seivices of a solici waste disposal facility. These proposals would require nut rcncwing the cuiTent interlocal agreements with Spokane County and the City of Spokaue. T'hen, in or.der assurE revenue to pay for the dcbt aud operation oP the new Cotuity disposal facility or contracted disposal services; wastc delivery agi-eements wrould ncEd to be negotiated with the Counfy. ' 1. Spokane Regional Solid, Waste System The Spokane Regional Solid 1Vaste Systern is the current Major - - - regional solid waste ;Spokane;Gity ' Decisions ~ Board of;County, administrative desib n. The :Council . 'Gommissioners System's aduwustrative ancl - • S1IilAC - - goveruance structure is maintained witlii.ii bond =Sy_sfem Difector - ~ cantracts and 'urterlocal _ . . . ~ . - _ . agreenients. Revenue bonds Regional , Solid , ciebt are scheduled to be paid Waste Liaison off ui 2011. The majority of - Board; County.;wide the intcrlocal agreements Program and . come up for rencwal froui F,acility,,Staff , 2014 - 201.6, tivith the - ✓ - " exccption of Spokane Valley's aiid Liberty Tralce's, ' which capire ui 2011. 8 1.1 Governing Authority The City of Spakane ha.s legislative and operational 3uthority over the System except far "major decisians" defined in the Interlacal Cooperation Agi-eement betwccn the City and CQuncy of Spokane. 1.2 PurposelResponsibility Th.rough the Tnterlocal C:ooperation Agreemeni ancl Reaional Cities Interlocal Agreements, the System is responsible for previciing all aspects of disposing of solid wastes i.n Spokane County. 1.3 Description of the Spokane Regional Solid Waste System o Authority and DuNes: Spokane Cily Council has thc power to appourt the executive director after consultation wit.h the County; develop and implcment the County Comprehensive Solid «'aste Plan, approve annual operaling budgets, and cstablish rates and fees. Thc Interlocal Cooperation Agreement calls out ee•rtain "major decisions" in which thE Board of Cotwry Couuiussioners also has approval authority. In addition, thc Systcm is authorized to acqui.re fiiuding to cvnstruct, contract for, maintai.n, antl operate System disposal faeilities. The Systeni is aciviseci by thc SNVAC ancl lhe T iaisan Board. oFacilities: Qwned and managed by lhe City of Spokane. o vleiubership: One City Council President and six Council iner.nbers. o Appuinted by: Lle_cted by public. o Tcrms: Four years. - o Relationship among Citics ana County: rhe County and R.egicmal Cities have engaged i.n inlerlocal agreements with thE Couuty to be part of the System. Cities can apply f'or represenlation on the County SNVA(; ttirough the County. 2 Solid Waste Disposal District This proposal was recoiuulended by the S`VAC - - and calls for the Director oftlie Spokaale Board of,County 'Commissioners SWAC . Regional Solici Waste System to report to the Spokane County I3oard af County Conlmissioners. Since the System Director is , I an employee of the City of Spokane, thc ExecutiveDirector proposal -,vas moditied to reflect xn L-secutive 17irector of a newly developed County dispasal district, simila,r to the existing System, who Prog.ram;and ' rcports to the County. , Facility' Staff 2.1 Governing Authority The Boarci o:f County Commissioners would havc legislative authority over the solid Nvasle ciispUSal district; as requu-ed by RCW 36.58.100. 9 2.2 PurposelResponsibility 1fie Taistrict would he responsiblc to provide for all aspects of disposing of solid wastes Arithi.n the disposal district in Spokaile C:ounty Chapter 36.58.130 RCW". 2.3 Description of Solid Waste Disposal District o Authority and I)utics: Ihe Board Uf County Contmissioncrs would have the power to appoint an exe:cutive director; develop and 'unplement the County Comprehensivc Solid Waste Plan, approve annual operating budgets and capital improvements; and establish rates and Fees for Disposal Taistrict facilities. T.n addition, the board would be authorized to acquire funding to contrael Por or construe.l, operate, aud mai.ntain clisposal facilities. a Facilities: Owned and maiaged by the County. 0 Membership: Threc Couilty Commissioners. o Appointed by: Electeci by public. o Terms: Four years. o Advisory Committecs: 1'he }3oard of County C:ocniuissinners would be advised by the S ~VAC. a l7elationshiP iimung Cities and County: Cities wUUld be required to engage in i.nterlpcal agrcemeuts with the CounCy to bc part of the Solid Waste llistrict, -ajZd could apPly for represeiitation on the Gounty MVAC or be represcnted tluough - intcrlocal agreemenls on the SWAC. 3 Solid Waste Disposal District with an Executive Advisory Committee . Tb.is prpp4sal was also - . - - - - . _ de. . ' ~~elop by the SW~1C fuld Boardrof,Co.unty . :Ezecutive,AdVisory- ~ . , SINAC . was modifieci tq reflect the Gommittee .Commissioners t-~xecucive Director of a newly dcveloped Cowity --ve- .'.D i re I t ~ --xecu ti •I disposal district to report t~~ E etar tlie County. "1`his is very similar to the current System, on.ly tlle gavenunb Program_and ~ autlioiity lies solely with Faciliry,Staff the County. 3.1 Governing Authority The Board of County Commissioners would have legislative authori.ty over the solid waste disposal district, as required by RCW 36.58100. 3.2 PurposelResponsibility The TaiStrict would be responsible tU Providc for all aspects of disposiug of solid wa,.ste:s ,ARtluu t:he disposal district in Spokane County (RCW 36.58.130). ; 10 ~3.3 Description of Solid Waste Disposal District with Executive Acfvisory Committee In LeNvis County, the County Commissioners establishEti an F-Yecutivc Advisory Committee to act as an advisory board to the Taistrict Gove.rning Board (Board of County Coirurussiouers). o Authority and Duties: The $oard of County Conunissioners would hold tlie power to appoiut an executive d'uector; develop and implement County Comprehensive Solid 'Waste Management Plans, approve annual operating budgets and capital improvemeiits; establish rates and fees; and acquire funding to construct, contract for, maintain, and operate disposal facilities. o Faeilities: ONvned and/or mana;ed by the County. a Membership: 1'hree County Conunissioners. . o Appointed by: Elected by public. o Terms: 1 our years. o Advisory Committees: The Rdard c>f; County Cc'mmissioners would cstablish an E:cecutive Advisory Conmuttee cnnsisfi.ng of elec:tecl pt;Tieials appointed from each city Nvithui the disposal district and t11e Chunty, which functions in an advisory capacity to the Board. Responsibilities include cUnsidering direct implementation of . 1'lans, including funding al.locations; reviewing and recommending annual changes to rates of any taxes or other fees uuposed; advisi.nD the County Boarci on county-wide issues involving solid wastc; and reviewing x~nd commenting nn any proposed ame.nciment, la the County Elow control ordinance. SWAC would also advise the Boarci of County Commissioners. o Relationship among Cities ancl Count} : Cities would bc required to enga;e ui 'viterlocal or othe.r fornial agree,ments with the County for inclusion in the solid waste district boundaries; anci coulci apply to the Cotmty for appouitment on the Executive Advisory Committee or be represented through their uiterlocal agreements. Cities could also apply to the County for membership on the SNVAC or be represented tlirough their interlocal agreements. 4. Independent Regional Authority This proposal was discussed at an SIC meeling. It calls for an EYecutivc I7irector to r.eport to an indePendent Regional Authoricy, a managcment struchire that does not appear to have specific legislative authority uuder Title 36 of the Revised Code of Washington. As such, the structure of the thi.rd version would require further review by legal counsel to determiue whether it is f.easible under current state law and whether it could bc uliplemented tluough interlnGal agreements or ofher local mechanisms. If . permissive State authority docs not cturently exist, special State legislation would have td bc cleveloped to establish such an e.ntity. ` 11 4.1 Governing Authority 'Re9ional`Solia SwAe , , This body would be an independent Waste Authok ty goveming body similar to a port district, as authorized by Chanter 5 3.04.010 RCW`°. or Metro iii Qregon. A1etro is an ,Executive Director elecced regional government for the ~ I I'ortlanci area metropolitan servicc _ district. Fstablished by cbarler, this Rrogtam and ~ govern.ing body maiiages tlie region's FacilityStaff solid ~~~aste system. - ~ - - 4.2 PurposelResponsibility The Indcpendent Regional Authority would be responsible for managing all aspects of solid waste of authority participants in Spokane County. 4.3 Description of Independent Regional Authority o Authority and nuties: 'flus authority would have the power to appouit a.n executive director; develop and iulplement County Compreliensive Solici Waste Ma.nagenizut Plans, annual opcratiug budgets, anci capital icuprovements; and establish rates and fces. In addition, the authority would be authorizeci to acquire Funding to constnict or coiitract with, maintain, and opcrate disposal facilities. hi tlus desigo, the authqrity would be advised by the County S WAC. oFacilitics: Owned or manageci by the Indcpendent Regihnal Fluthority. o MEmbership: All mcmbers would be elec:ted afficial of authority Participants and could i.aclude any variation of represencacives. o Appointed by: City representatives woulcl be appointed by ma}rors with approval from the city councils. County representative would be appoi.nted by die Board of Caunty COIT11I71.SSIOIIeiS. o Terms: Four years. o Aclvisory (;ommitYees: Ln this design; the Regional Salid `Vaste Authority would be advised by the SNVAC. o ltelatinnship among Cities and Couaty: Cities and the Caunty could participate through interlocal agreements or other fonnal mechanisms to secure delivery Af solid wastc to K.egional Autharity facilities. Cities and the Cotinty could also be represented tlirough interlocal agrceiiients on tbe SWAC. 5. City-Operated Disposal Facility In addition to regional solid wastc , 'Municipal Gity-Advisory adrnilustrztive designs, a city ma}° otin anCl , -Disposal Facility Committee ` • nperate its own disposal facility or traiisfer ' ~ - station or aclminister a contr-act for the services of another ciisposal facility or trans(er station. _Ope"rations'Dir.ector ~ - 12 .Rrogram anii . Facility.Staff - , 5.1 Governing Authority ' The governing body would be the municipality that owns the disposal facilicy or adniinisters the contract witli a disposal facility. 5.2 PurposelResponsibility "1 hE municipality would be respnnsible for managing all aspects of solid waste within its j urisdictipn. 5.3 Description of City-Operated Disposal Facility o Authority and Duties: The muiucipality would havc thc powcr to appoint an operatians director; develop and implemcnt their municipal solid waste plan and incorporate it into the County Comprchensive Solid Waste Management Plans; develop annual operating budget;s and capital impravements; and establish rates and fees. The municipality would be authorized to acquire funding to constnict or contracl, m.aintaui, and operate disposal facilitics. ln addition, the facility could contract di.rectly with organizations othcr jurisdictions for wastc disposal facility services. o Facilities: Owned and/or contracted by the munieipality. o Membership: City Council members. o Appointed by: Elected by publ.ic. o Terms: Four years. o Acivisory Commirtees: The municipality would establish its own advisory committee. KelaNonship among Cities and County: A city with its ovvn disposal facility cotild contract with othe.r citiies or tlle County through uiterlocal a.,greements or other formal mechanisms lo secure clelivery vf solid waste to its disposal facility. Contracted jurisdictions could apply for memberslup on an advisory conwuttee or could he represeiiteci tlirough interlocal agreeinents on xn advisory coiiuiuttee. 6. Regional Solid Waste Planning Committee ]aecisions affecting the sfructure of the System regardiug interlocal ageeements will be decided by the elected offcials of each jurisdiction. Whether ttie macia;ement of solid waste within Spokane County is mai.ntairied with.'tn one cohesive system, or broken up inta several systems, each syslem would have to nwn or cqntract f'ar the services of a ciisposal facility, and lion-owner participants Wroulci be required to enter into interlocal agreements or other waste delivery contracts for use of that system's disposal facility, similar to the interlocal agreements currently in place with the Spokane Rep-ional Solid 1Vaste Systern. Because of the legal and polirical complesities ulvolved in understanding and designulg regional solid waste disposal systems, furthec study ajid legal expertise is be essential to flesh out advantages and challenges to thesc or airy otlier designs. Count), and city ~ elected officials could form a Regional Solid `Vaste P]anning Corr►mittee to study and discu.ss issues and pption5 regarding the iuture structure of, splid wa.ste management and disposal aciminislration with.in Spokane County. 13 Draft Financial Model ~ Stratcgies - The draft finaucial analysis projects the annual revenues and costs of tlie ; System under a variety of different System participajits, recycling tuld compnsting programs, aud disposal mettlods. The financial formulas far the model are still being • developed. Tlie following describe'the basic strategies being consiciered within the draft mbdel _ Base Case Assumes existing progams and facilities with continued long-haul of waste above thE existing capacity of the Waste-to-Energy (W°1°L) facility Base case tivith a 31d boiler at VUTE Assumes construction of a 3`d boiler at the W7'r facility at 375,000 tons-per-year Base case with oost-closure landfill costs Assumes t.hat the System funds County and City post-closure costs for closed landfills 1a. Steadv recvclinQ increase 1 b. Aaaressive recvclina 1c. Zero waste with resource recoverv aark 1d. Zero waste orooram (not necessarilv with resource recoverv parlc) 2a. Expand WTE facilitv 2b. Freeze WTE capacitv and lona-haul excess 2c. Freeze WTE capacitV and in-countv landfill 3a. Closelmothball WTE facilitv and lonq-haul 3b. Closelmothball WTE facilitv and build in-countv landfill . 4a. Spokane Valley and Libertv Lake leave the Svstem 4b. No unified svstem, Spokane WTE; all others lonq-haul 4c. No unifietl svstem, Soolcane WTE: all others in-countv landfill , Chapter 36.58,100 RCW http: avvs.leQ.wa.L-ov /RCW / default.asux?cite=36.58.7 00 ii Chapter36.58.130RCIN hthx//apos.lee.wa.eov/RCW/defaultasqx7cite=36.58.130 i" Chaptec 53.04.010 RC41r htth://auas.lee.~va.eov/RCtiN/defau]t.asvxlcite=53.04.010 l4 POKANE COUNTY COMPREHENSIVE • , ASTE MANAGEMENT P . PD. rr. - - o ' o- _ W i j i~~ ~ • - ~ • ; i. ' • • . s - • • Since • ber 200 Monthly g ' . • sic o • • ' • . d altematives Waste • Analysis Financial / i ' ~ "Alternatives • • oices resp• r g • g•. . • ' Section of A , ' d:.. . , . g existing prog . • well , • - - oping new • ~ ~ a - ' d ! Reuse, . d R. g , - . • 1% recycling b 11 Product . • A - r• od i _ Mixed pr, - -ct • K. D - Rural co - fio q Market Develo• - o w - R_ o - Park ! nommo-MM . • - ► System . -s•on Vo• a R ,r rvice c~ . 1 ~ { ~ d o.• rK e• , ~ i t,• , t °a cy • x. r• • , rgw ~ su4• D 'w de, t 1 f '1 'ew i e cj ~ ~ • ' . e ! + ` Lanills • s b! W'A'1. overY "t-eli rec d ftc a 't' + ' • ~ • d t e La ~ pand ' ~ o i jandfills s e ~ ♦ i COU'l ' , i A . .w . ' ' . p' . . d Miscellaneous . ti d . t• . s: ~r~ ! II I I d 6{"s_~:==~a~.:I 1i•~~ i Disaster p . 4 ~ " I I II~ Agricultural waste Co . ' d soils Asb' o 1 onics A • • waste i • ' dical waste P. p' dg' i f olids and T-i res sepi t': l ' ' • • • D' f • . d ' • g . d Inert • . d • . • • . d • go. D • e - r. • Recycled-content b • g . . p- . ons Disaster . .g J A . • d' . Risk Waste d . • . d O ' . Transfer . • facilities p. d • • R . ` • A• . • . d Enforcement Spokane Regional • • • d Waste Dispf . Dic-MiLt • d .s - Disposal Distric r Executive o Committee d_p_ d_ ..gio . Authority City-Operated Disposal Facility Regional • d . - ' . g Committee- ~ • . a . D ocerating ajYS;IS ♦ Ftinancial . ~ a i i OsM ' nnual • w ' •t- , riety ` idiffeirent { ~ ~ g a f ;ts, « , disposal i programs, r •omposij method * i " D , . . . a , t clutie r ' ~ g • ~ ~ -.R- . ~ ,S e)dc 111i • • ~ w• d . + ~ ~ ~ w• s boiler , ' d s ►s • c' • ' • ~ r t •i i 0 ti ~ pe . - ~w + d / post:-dosure t r I & r Ba 2 . r • sts o ~ • ~ ~ « ~ o.. . . . • d- Ia. S:_ dy recvd" ko- b ' R g 1 't ic- :J b s 1 e'"w 1.c• 1 . 1 ~ sW ! og .1 • :.Q:..\ . wI so :.r. pbrk) t <p" W I• _:J1- r.~pat' M kqj-haul te:s. :u• r.r. lwwunty W Ob: s t bn . d . g-hml 4l CeW K* : g . •1 d b, il d in-cowty WxMIl. pof:l Vafty W t " take take imt . Systm QL No 1 / syMon, ) a O' 1 ' O• uniMW + m, Spof: o•1 . z= Public ee , i o • • • ommunity Center Spokane - Center Flace January 0th 'h 2007 . ■ . th and 151t 2007 11 Schedule . 11 Preliminary D - Plan .D. • olo. I A • ep - b' 11 Revise .D. • ob- /1 ~ Adopt• po . " R" g • . -o ` . ~ - ~ I Facilities . d Operations: . s1' 4• Energy Facility Valley • ' • g / Trans :w Tffl+• o 1 County • ecyd 1 s N • uon No 1 de Landfifl Yard Waste o / oti .s ' •e ■on and w • • t e . Risk nd o s' • t . r: d• Waste ! / ' • d Waste Planning p• . ' -g • . olid . Waste '-r t• d • - g P s. . • o t . 1 o f d' P 6 gram R' M g HoUlne • / ' e at bs r ' "ram : - : Ed K: o e treach Sc `o •ssJ M . 0 { L w. Ls. ' rab• o Quarteviy ' e c a.• 14asber • p•.. ' •g m Community • b r oc: t e • st . o Enem • • ours Sp• . R- s o r i d Wa - • d . ' & •i' . I' Risk • • , g - • b • Utter o • i i a , i• tt- Crevts ► Public • g • Commuffty , p Azs . r. System ds/Grants Ad .t• D• d 'd ' ti' P . * - g ! . • d . p• • special Waste • s, r. ' ' d r:+^iti Mt Y, 0 s . 1 5us :d+\ Development • SPO"ne a s0 g 1' lo Cdl B Waste e+. ' i ' f _ ' _ ~ . e1 • "L :.`'1. s • r R- t o . olid . ! o • ~ provid- M t-i-z-ens of Spokane - disPO • i intecirated i d • b ' d Provid . omp f fo unty-wide disposal C e+- f servistu p ► • M e • ~ ~ of Spo ' CountY e f g • ~ ont . . ~ - g o • I I A COUNTY COMPREHENSIVE OLID WASTE MANAGEMENT • . •DATE www.so • . - orci Suzanne Tre • Project . 1_ e` • t 41 I♦ eM o / • • a CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: February 6, 2007 City Manager Sign-off: Item: Check all that apply: 0 consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Contracts and purchasing procedures. GOVERNING LEGISLATION: SVMC 3.35, 3.40, 3.45, 3.45, 3.50, RCW 39 PREVIOUS. COUNCIL ACTION TAKEN: Previous adoption of code provisions and resolutions relating to contracts and purchasing in 2003 and 2004. BACKGROUND: Staff is undertaking a review of the City's purchasing policies and code provisions to make recommendations to the Council fo7r amendmenfs. These arnepdments will •make• the policies and code provisions easier to use. Following potential changes* the Code, staff vrrill draft a comprehensive purchasing and contracting procedure manual. Attached is a memorandum outlining several policy choices for the Council that will provide guidance in drafting proposed Code amendments. OPTIONS: Instruct staff on three issues identified in the memorandum RECOMMENDED ACTION OR MOTION: Consensus to staff on three issues contained in the memorandum. . BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary P. Driskell, Deputy City Attorney; Neil Kersten, Public Works Director; Charlie Pflieger, AccountanUBudget Analyst ' ATTACHMENTS: Memorandum on revisions to the City purchasing policy code provisions, dated January 31, 2007. ° i ~ 000 Soo-Kane . ,;,oOValley . ~ 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevallcy.org ' , .1_. • ss;__.~..l:'_~,~_... . w.. . , .,f _ . , . . , . demorandum To: City Council From : Cary ]ari skell, Deputy City Attoniey CC: Dave Mercier, City Manager; Nina Regor, Depury City Ul:anager Date: January 31, 2007 Re: Revisions ti4 the City purchasing pol.icy code provisions "1'his memorandum is to inforin the Council of staff's progress in analyzing the City's current purcbasing and contract code provisions, and to seek Council's directioii on several cnatters. , Thc code provisions relating to purchasi.ng and contracting are primarily contained 'ui SVMC - 335 thxough 3.50. Additionally, there bave been several resalutions adopted by the Cotuicil that relate to purchasing and contracting, 03-041 (establishing cantract auiount authority from the Council to the City Manager for various types of contracts), and 04-012 (Pr.oviding authority f.or change orders on contracts). 'l`he code provisions were draftcd in ilie early days of being a City, and appear to be an amalgamation of code provisions from a number of otlier cities as rncrnbers of Spokaile Valley's interim stRff worked to provide at least some minimal frainework ta c4ntract. As staff has used Che regulations nver the past faur ycars, we have foiuid various pUrtions to be ambiguous or confiasuig. Parl of the problem has bcen trying to determuie how the various provisions relate to . one another since there were so many points nt' origination for the individual code Provisions. Staff has been reviewing the provisions, as well as state law anci othcr resources, over thc past • severfil mnnths in an Effort tio identify how our codes can be revised to make them easier to use, and still bc compliant witti state law. '1'here have been several iteratiUns af proposed eode rcvisions, followed by ciiscussions between L•egal, Yublic Works, Finance and [he T)eputy City Manager. Based on these, I would like to gEt some direc;tion froui Council before rc-draftinb - some of the code provisions. The Frst issuc relates to tlie level of authority the Cauncil grants to the City Manager to contract. '1'he current authorization levels are as follows: 1. Public warks - small works roster $200,000 2. Architeciural and engineering services $100,000 3. General services $100,000 4. Acquisition of supplies/niaterials/goods/equipment $ 50,000 There are no state laNv provisions for citics of our size and forin of govermnent for establishing levels at which a Counc.il can authorize the City ManagEr on contracts. Staff requests that the IEVeI for all four t}pes of contracts be set at $200,000. This would provicie greater flexibility and timclincss in contracting, and is still vvithin the authorization level aiiginally est:ablished for the small works rostcr. 1 Plerrse advise staff whether the Council vbiects ta c•hcrtrziiie the authorization levels for tlzese irleiitifr.etl cuntructs lo S200.000. The second issuc involves the topic of change orders from a philosophical standpoint. 1fie cttrreiit authority is that the City Manager has authorily to approve change orders up to $50,000. In practice, this conflicts with the authority granted to the City Manager to authorize contracts as set forth in Resolution 03-041 (which is being requested to incrcase for certain contracts). For csample, a small -works roster contract for $80,000 for performing work. In doing the work, it is dctcrmined that a change order, or request for additional wor.k lhan was originally anticipated, is necessary to complete the project. The additional work is anticipaled to be an additional $70,000. 7'his would still be within the authority granied under Resohition 03-041, but not that ~ ^as granted by 04-012. . . Staff proposes tJiat ttie change vrder and additional work authority be removEd for contracts under the $200,000 level (which would include the original coneraet anci any acidiiions or changes). 'I'hus; an}thing under $200,000 need not get Council approval. 1f a change order took the total contract over $200;000, the City Manager would need to get prior approval. N'or any contract over that hard cap of. $200,000, the Cily Manager would have blanket autliority to approve change orders or additional work under the contract up to 25% of the original contract amount. The Council may Nvant to discuss a different perecntagc, btrt ttus percentage approach appcars to make the most sense frorn an operations standpoint. Please advise.staff whet/:er tlre Cntnici[ ubiects tu ckairt-in:► tlie ehaixze order authoritv trs oullined /:erein. ~*I'1casE notc that this would not apply tn interlocal agreements uilcler RCVJ 39.34.05() between the City and any other governntental entity. '['hat provisions states as follows: "Any one or more public agcricies may contract with any one or more other publie agencies to perform any governniental service, aetivity, or underta}cing «hich each public agency entering into the contract is authorized by law to perfonn: PROVIDED, That suclr cantract shall be uuthorized by the governing body af each parry tv the corib•act. Such contract shall set forth fiilly the purposes, powers, rights, objectives; and re_sponsibilities of the contracting parties." The tt1lCd 15SUC is whether the Cotuicil has any objeccion to taking the substance from , Resolutions 03-041 and 04-0l2 and placing it directly into the City Gode, with whatever chauges the Council authorires frpm issues one and hvo, above. I have altached copies of botli for your revicw. °l'he information in 04-012, relates to changE order auttiority of the City Vtanager; and is something I think should have been put in the Code when it was adopted in 2004. In terms oC 03-041, the Council was asked to authorize the City Ma.riagcr for certain contract amounts, listed in the Resolution. It was placed in resolulion form bccaiLse there was an intent to address the amounts in the fuhire, and the belief was that it would be casier to change in resolueion f'nrm, rather than bcuig hard-Arired into the Cade. We are at a point in the rnahiration of the City, anci in the expcriencc of the Council in relation tp these issues, that wc may wwit to look at cndi.f.yi.ng these concepts. Please rlirect staff on ►ultetlier the Corrncil lius (urv obiecrioi: to incorporatime the authoritv directlv into tlre SYMC. tlftcr the Council adopts clianges to the contracting anci purchasing provisions, a comprehensive ptirchasing policy manual will be draf.ted .for use Uy staff. It will be the "how to" picce that has also been missing For us. VVe anticipate the purchasuig policy manual to take aPproximately 30- 45 days after adoption of the codc portion. . CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 6, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent I] old business ~ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: CenterPlace Draft Regional Marketing and Communications Plan and Uses of CenterPlace ' GOVERNING LEGISLATION: RCW 36.100 Public Facilities Districts, RCW 35.57.020 Regional Centers PREVIOUS COUNCIL ACTION TAKEN: NA BACKGROUND: In 2006, the first full year of operation, CenterPlace hosted 494 events ranging from one hour meetings to multi-day conferences and seminars. During that time, CenterPlace has established itself as a quality venue for a variety of events. Operating policies and. procedures have been implernented and staff has gained valuable operating experience. At this time, staff has identified a need to refine the advertising and promotional ac4ivities of ~ CenterPlace to specifically address our regional marketing strategy. The City of Spokane Valley has c4ntracted with the firms of Klundt-Hosmer and Desautel-Hege to assist in the promotion of CenterPlace. The first step is the development of a Regional Marlceting and Communications Plan. The intent of the plan is several-fold: To.define CenterPlace's regianal market Set specific marketing goals for growth Obtain feedback from clients, partners and prospective clients Communicate CenterPlace's role and capacity to regional service providers, hoteliers and event planners. Identify target audiences for marketing activities Align marketing expectations with City Council's vision for CenterPlace. Determine allocation of advertising funds OPTIONS: Discussion/suggestions for revisions to the draft plan. Discussion on uses of CenterPlacQ feedback to staff. RECOMMENDED ACTION OR MOTION: Direction to staff on finalizing the Regional Marketing and Communica#ions Plan. Discussion and input on the uses of CenterPlace. BUDGETlFINANCIAL IMPACTS: NA STAFF CONTACT: Mike Jackson ATTACHMENTS: PowerPoint: CenterPlace Regional Marketing and Communications Action Plan Certificate of City CenterPlace Regional Marketing and Communications Plan _ 1130/07 . . . • .s~• CenterPlace Mission Statement "To operate arad inaintain an event center fhat meets the needs of Spokane Valle y residents and guests. Support /ocal business and regional tourism. Pro vide oufstanding customer service. Strive io build community identity through a vr?r~ ' recreational, educational and culturc; activities for all ages. " i Purpose of Marketing Plan • Define regional market for CenterPlace • Guide expenditure of marketing funds • Communicate - Council, ciients, partners • Strengthen partnership w/CVB, hoteliers & event planners • Confirm marketing expectations with City Council ~ 2007 Goals • liicrease mid-week and multi-day bookings • Increase awareness of CenterPlace as a higt-: quality regional event center - i.e.; Letter-writing campaign, open house, and re~; specfic advertising • Increase understanding of CenterPlace amoi i key users - CenterPlace rents space. Catering and event planning are left to third party providers. - Collaborate with area hoteliers andlor event planners, tour operators and consultants/corpvrate trainers 2 Research Findings Research conducted with current and former customers. Suggestions made to improve customer service were: * Streamline reservation process * Add additional staff to assist with initial contact and on day of event • Improve website to be more user-friendly Key Messages • Beautiful setting • Convenient location • Business home away from home - Annual meetings, employee retreais, training - "Last Minute" business meeting • Premier facilities • Latest audio visual equipment • Flexibility in catering and event planning , 3 Marketing Strategies/Tactics • Develop partner "kits" • One on one meetings with hoteliers and event planners. • Develop list of approved event planners • E-mail updates • Website updates • Brochure updates • Market to business groups, service clubs, charity events, and non-profits. , Marketing Strategies/Tactics, cont. • Target a variety of inedia outlets with possible news stories • Conduct open house for corporations • Direct mail for multi-day regional events, corporate meetings and tour operators. • Advertising - Focusing on key business, entertainment and travel industry publications. 4 CenterPlace Use • Meetings • Conferences including banquets and food preparation • Activities - dance, music, other social, culturai and artistic events; community events; recreation activities; trade events; and other cultural exhibitions. • Senior Programming • Community education (Community Colleges of Spokane). Meetings and Conferences • _ ' y ~ . ~ 1,~ . ` - ~s~ ~ ' - A'~~A AL. 11 5 Banquets and Food Preparation _ W-9w7v.v . -.r - ~ ,i ~ 'j-~' ' ~ ~ ~ _ • , ~ i iI t~c:~.• i . , ' , , ~j } , ~e ~v ' _ - • - ;,~t: rr ~ • ~ i - , Dance and Music , ~ l 1 l , 1 I ~..t ♦ • G\ 6 ~ ~ ultiWp°s , M ~ , , r ~ ~ ~ . a~ p,ctiv~t~es ReGreation - `t - i._-- Arts and Cuiture - R • i ~ . ■ . Senior Center Activities •Crafts - •Dancing - r •Cards ' . •Billiards •Ping Pong •Bingo ; • ~ •Potlucks , •Classes V4_ 8 . - Meals °n \piheels S~~~ng meals . _ to an aver a9e 5-50 o~ 4 day - ~ ~ se~1Ors a r~- i ~ ~ ~ en~rat~On~ . ~i ~ . ~ C ~ . ~ ~ ~ • - ~ ' i Community Colleges of Spokane Classrooms, educational programming and community education to ali ages of 9I residents of the City of Spokane Valley and the . . ~ surrounding area ~ ~ 2006 Usage by Event Type (By number of events) z% Z% I f i 8anquel r Cartmunty Event 19`Y6/ 17 Fvidtiiaer +t; o Meedttg 35'f4 • Mluelaneous ■ Prifals Party ~ ■ Seminar ~ ❑ We4dirglRecepSon 131/e • Worship - ~ ~ TOTALING 494 EVENTS 3'h 10 Corporate Events/Conferences i , GOVERNMENT Dept of Ecdogy \ PRIVATE % WA Stata Ttansportatbn Depl. / / 1 \ Dept. ot Sodal Heaith b Svcs. +Red Het L.aCles Convantfon Spakane Counry Auditors WoIlness & Educatian Seminar ' \ Washingtnn Recreation and Parkl Martial Arta Shvw ffi GraduaUwn ~ Skill BuUders Marcfi ot Ditnes Auction % ~ ~ ~ NON-PROFlT ' SCHOOLS \ ~pe S~tewide Coni, Canoer Care Northv►rost CRPORATIONS SV Hlgh Schoois 1 ~ps A~(on l~k Ridge DovelopmeM Reverse Job Fair ~ f~~p~s ~~{e Mgmt Tralning Prc-SAT Tasting P Trip Employee Appred Proms ` Wegstatf Training EasUake Wdves Footbal Bfogen Id~ec (Sammamish, WA ~~nix Eventslprograms approved at no charge Non-Proti; - Govemment EdgedNf Scope Oomestic Volence Consartlurn Waehington Steta Parks LttUe & Middle Spokane Watershed Attomey Generats Offlce \ Spokans Valley Ms Cound! City ot Liberty Lake 1 Vallnyfest Stala M WA Interagency Commktee (IAC) Meals on Wheeis Weshington Community Forestry Council AARp DrMn8 Clam WA Recreation and Parka Association Spokane County Aud'ttor's 01fice AssocieUon ot Washingtun Cities Public Waics Web Seminar / Student Advisory Commitiee j i . ~ 11 J DesauteleHege co'M M uN icA rsoN s City of Spokane Valley CenterPlace - Regional Marketing and Communications Action Plan January 2007 DRAFT ~ Desautel•Hege C 0 M M U H 1 C A T 1 O N 5 TABLE OF CONTENTS • Marketing Plan Objectives 3 • Situational Analysis 3 • Research Findings 5 • Marketing Goal s/Obj ectives 11 • Audiences 13 • Key Messages 16 , • Marketing Strategies/Tactics 17 • Timeline 27 ; 2 UWDesautel•Hege C O M M U N I C A T I O N S " • Marketing Plan Objectives The purpose of CenterPlace's regional marketing plan is to create a road map that will support the facility's mission and growth goals. The following objectives were set as a part of identifying what the plan should achieve: - • Define CenterPlace's regional market • Set specific marketing objectives for growth • Obtain feedback from clients, nartners and prospective clients • Communicate CenterPlace's role and capacity to regional service providers, hoteliers and event planners • Identify target audiences and strategy for marketing activities • Align marketing expectaCions with the City Council's vision Situational Analysis Since opening, CenterPlace has established itself as a premier event facility in the Spokane community and beyond. Large community corporations such as Itronix, Humanix and the YMCA have relied on CenterPlace's services for their cvrporate meetings in the past year, as well as many weddings and private events. CenterPlace's role in the Spokane region is that of an event facility that helps to support the tourism industry in the City of Spokane Valley. Since its inception, CenterPlace has quickly become known as a place where anyone in the community can hold a first-rate event for their own organization or group. In its first full year of operation (2006), CenterPlace hosted 494 events, a large portion being weddings. Opportunities exist to expand the number of business meetings and seminars that are held in the facility as well as the opportunity far multi-day and regional events. Known for its beautiful grounds and convenient location, CenterPlace's facility and location distinguishes it from other event facilities in the region. With one successful year of experience, now is an opportune time for CenterPlace to proactively reach out to the region through marketing and communications efforts and.promote all that they have to offer. ~ 3 ~ Desautel•Hege C 0 M k U N I C A T I O N S • CenterPlace's main communications challenge lies in educating customers about the full ; range of capabilities of CenterPlace. An opportunity exists to educate key partners , about how to best utilize CenterPlace to meet their event needs. . . 4 ~ Desautei•Hege . GOMId U HICAT10ti5 ` Research Findings To develop the marketing and cornmunication plan for CenterPlace, Desautel Hege Communications (DHC) conducted two methods of research: key informant interviews and best practice research. The key informant interviews provided valuable information and perceptions of CenterPlace from current clients (from governmental entities to large corporations), prospective-clients as well as regional event planners. In addition, best practice research provided information on how other event facilities in the region market their offerings and what attributes they use to distinguish themselves. rollowing are the findings from both forms of research conducted in November 2006. Key Informant Interviews Desautel Hege Communications conducted 18 key informant interviews spanning four audiences: • 2 individuals: Government Entity, Current Client • 5 individuals: Large Corporation, Current Client • 8 individuals: Large Corporation, Prospective-Client • 3 individuals: Event Planners, Prospective-Client Following are findings from this research that have been applied to the recommended marketing tactics: • Overall awareness of CenterPlace as an event facility is high, especially when considering the length of its operation. • 7hose who had worked with CenterPlace in the past held very high regard for the organization and had positive experiences with the facility. • The most common resource used by organizations when searching for event locations is word-of-mouth advertising. • Recommended improvements for CenterPlace include adding additional staffand making the website more user-friendly. • The majority of organizations interviewed said that CenterPlace should invest more in marketing and advertising as they are still relatively unknown. 5 ~ Desautel•Hege COMMUHICATIONS In addition to overarching findings across all audiences, several audience-specific , j findings emerged: Government, Current Client • The most important features of an event facility include convenience, access to parking, cleanliness, technology and price. • When asked, "On a scale of 1-5 with 1 being poor and S being excellent, how would you rate CenterPlace among event centers in the community?" both clients ranked CenterPlace a S. • Both clients said they would use CenterPlace again. • Melpfulness, overall accommodation and the venue were described as things CenterPlace did well. • One possible improvement would be a reduction in the amount of paperwork required for CenterPlace reservations. • Overall Ranking Averages: o Reservation Process: 4.5 o, Fees: (only 1 ranked) 5.0 o Room Preparation: 5.0 ' i o Ambience:5.0 o Staff: 5.0 o Cleanliness:5.0 o Building Appearance: 5.0 o Hospitality:5.0 o Customer Service: 5.0 • When askecl what additional amenities CenterPlace should add, participants made no other recornmendations. Large Corporation, Current Client • The most important features of an event facility include room size, customer service, good A/V, food service and convenient parking. _ • Word-of-mouth communication was discussed as the best resource for learning about new faciliCies; newspaper ads were also listed. • bVhen asked, "On a scale of 1-5 with 1 being poor and 5 being excellent, how . would you rate CenterPlace among event centers in the eommunity?" The average rating for CenterPlace was 4.05. . ~ 6 ~ Desautel•Hege t060ldUN ICATIONS 1 . f • Facperiences with CenterPlace were overall described as good and helpful with one client having experienced difficultly due to lack of staff. • All clients said they would use CenterPlace again. • Pre-setup, registration and good communication were described as things > CenterPlace did well. • Possible improvements included more communication, additional staffing to assist on the event days as well as in the planning process, making more forms available online and improvements to the initial sales calling system (some participants said that they did not receive calls back immediately). • Overall Ranking Averages: o Reservation Process: 3.65 . . o Fees: 3.7 0 12oom Preparation: 4.5 o Ambience:4.0 o Staff:4.2 o Cleanliness:4.4 ~ o Building Appearance: 4.45 o Hospitality: 4.0 o Customer Service: 4.15 • Additional recommended amenities included a wireless microphone, additional rooms vuith cooking options and staff to greet at the door. Large Corporation, Non-Client • Five had heard of CenterPlace o Average Ranking: 3.8 . The most important qualities of event facilities were listed as staff, size of space, catering options and A/V support. • Current off-site meetings held at: . o Davenport • . o Canvention Center o Spokane Club o Mirabeau Park Hotel • Size, proximity, availability and cost were listed as top factors in the decision- making process for choosing a facility. • 7 ~ Desautel•Hege C 0 M M U M 1 t A T I O N 5 ' \ • Most organizations said that word-of-mouth was the most common resource , J used; others cited the Internet, phone book and the C1/B. Event Planner, Non-Client • 7he most important features of an event facility included overall look, cleanliness, friendly staff, flexibility, a good A/V department, and returning phone calls on time. . • Reasons for choosing one facility over another included; service, the need for overnight accommodations, and past experience with the facility. • One planner said he/she didn't rely on resources but instead personally visited the site while the other two said they use such groups as the CVa'and local publications. Best Practice Research Best practice research was conducted of 24 similar event facilities in the region determine what they consider to be their core competencies. The organizations surveyed included 21 Spokane locations, one Spokane Valley location, one Rockford location and one Four Lakes location. J; ; ` 8 . p ~ Desautel•Hege ~ ..f COMNUNICATIONS ~ The following chart details how each facility positions itself in the marketplace. eu . c ~ a 'n~ = ~ • ~ E ~ ar iy ro o su E u a ~ 3 'a o > ro o • v 2 rd ~ ¢ ~ > ~ O E . d . a ~ tn ~ ~ p ~ u~i c rn W v ' ° ~ ;d s . IV Y Q Q w Q > rn C ~ u = c '13 C j y ar •U u > ~ o c v o E a _ ' a m i n n u z a. . . O O J y ~ 3 U1 . C CA • - U G1 rt1 w , . ~ _ ; • E Rendezvous [vents FatfIIM-$ Caterlna x x x Center I Fac I~ Pointe Event . x I' I I I x x x I x I I, x I ~ Beacon Hill Events x x ~ x ~ x x x . Dou6letree Hotel 5nokane CEN Center . x x x Ridpa'th Motel I I I I I I I x I I I I I Red Lion River Inn x x ~ x x x Moliday Inn-Spokane Alrport I x x I x I, I I I ~ Northern Qupst Casirio x x Hannah's Garden Inn , x I x h9ukogawa Fort Wright InSTiCUte f X ~ Arbor Crest Winerv I Northeast Communiry I I I I I I I I Center I x x ~ Clover Manslan x ~ ~ x x x ~ x ~ Masonic Temole x x x s 6anquet. F I I I I I DSc Irv Mirabeau Park Hotel and Convent(on Center - x x x x x Spokane Convention Center x x x x x ~ Anqelica's x x x ~ A Touch of Countrv - x x ~ x x Corbfn Senior Acfivity I I I ( I I x I Center x x Coui7vard bv Mlarriot : I I x I I x I I x I I, I I The Cozv Conceot ~ x ~ x ~ ~ I I I EJ. Robert's Mansian antl Bed antl Breakfist x x . ~ The Service Station x x ~ I 9 e Desautel•Hege COMMbNItATIONS Spokane Convention and Visitors Bureau Meeting ; DHC and CenterPlace Staff inet with represeniatives of the Convention and Visitors Bureau (CVB) to better understand how CenterPlace could collaborate with CVB members and staff to leverage the facilities available at CenterPlace for tourism and business growth for the region. 7he CVQ provided valuable insight into the perceptions of hoteliers, event planners and tour operators both inside and outside the region. Recommendations from that meeting have been included in the Strategies and Tactics section of this plan. DWC recommends ongoing communieation with key staff at the CVB. Specific ideas might include: • Sports Leisure event on May 8`h: consider attending this conference or have an event planner partner attend and represent CenterPlace. • Limited Service Provider Hotels task force meeting in February • Consider a membership in the Inland Northwest Business Travel Association. The loeal chapter hosts events and has a web site at www.inbta.ora. The local contact is Karolynn Clark at Avista Corp. 495-2436. Annual dues are S75.00. ' 10 ~ Desautel•Hege tOMEdU tiILATIONS . ~ • Regional Marketing Goals & Objectives The CenterPlace Mission Statement: To operate and maintain an event center that meets the needs of Spokane Valley residents and guests. Support local business and regional tourism. Provide outstanding customer service. Strive to build community identity through a variety of recreational, educational and cultural activities for all ages. Defining the Regional Marketplace The recommended market area for regional marketing activities for CenterPlace is eastern 1Washington, northern Idaho and western Montana. 7his region includes the greater Spvkane region as well as Yakima, 7ri-Cities, Moses Lake, Coeur d'Alene, Post Falls and Missoula. The Spokane International Airport serves as an air hub for these markets and organizations with multiple offices or facilities in the region often look to the Spokane area as a central and convenient gathering place. CenterPlace's marketing 0 investment is best spent in this area as it seeks to grow its reputation. As the marketing program matures, additional markets could be investigated, but this three-state region is the recommended starting point. As CenterPlace looks to increase hotel nights in the City of the Spokane Valley, weddings and multi-day corporate events are also the best types of events to accomplish this. Because the facility has already successfully established its wedding business, goals focus.on corporate events to fill the multi-day and mid-week capacity. Regional marketing goals and objectives will help CenterPlace define how marketing activities will successfully support the growth and the mission of the facility. Goals outline what the organization wants to achieve and objectives define how the goal will be measured. In discussions with CenterPlace leadership, DHC recommends the following marketing goals and objectives in support of the above mission: Goall • Increase mid-week and multi-day usage of CenterPlace from regional cusCOmers. Objectives ~ • Increase mid-week bookings at CenterPlace by 10 percent over the next 12 months. 11 ~ Desautel•Hege COlA M U N ICATIONS • Increase multi-day bookings at CenterPlace by 5 percent over the next 12 months. Goal 2 • Increase awareness of CenterPlace as a high-quality regional event facility in the Spokane region and a three-state region including northern Idaho, Western Montana and Central/Southern 4Vashington. Objective - • Increase awareness of CenterPlace and its offerings among "priority audiences° such as event planners and corporate clients. o Letter-writing campaign to area event planners o Open house to event planners throughout region o Region-specific advertisements in publications reaching event planners and carporate clients Goal 3 • Increase understanding among key user audiences about what CenterPlace provides. . This would include CenterPlace's role in planning events, policies pertaining to use and opportunities for collaboration, etc. Objective • Increase usage of CenterPlace among hoteliers and event planners in a collaborative process. o Plan to execute one event in the next 12 months that represents a partnership with area hoteliers and/or event planners. . ' 12 ~ Desautel•Hege C OM!lUNICATIO NS ~ Audiences • Discussions with CenterPlace leadership and the research DHC conducted helped to determine the "priority audiences° targeted by this marketing action plan. 7hese audiences are important because they represent the groups of people who make event location decisions or influence those decisions. Messages and tactics in this document focus on reaching priority audiences, which include: Hoteliers • This audience includes all local hotel and inn managers or owners. Many hotels do not possess the facility space to accommodate certain size groups. Therefore CenterPlace can provide the needed space and services to augment what services hoteliers provide. • Hoteliers tould rent space to fulfill their clients' needs instead of simply sending the client to CenterPlace. . Research conducted with members of this audience identified that hoteliers do not understand how to best use CenterPlace to their advantage. They see an ~ opportunity Co utilize CenterPlace as an extension of their internal facilities, but do not fully understand the business model and how to best make that model work to meet their needs. Event Planners • 7his audience includes all local, regional and national event-planning specialists who plan personal events such as weddings, private parties, etc. as well as corporate events. CenterPlace can serve as a resource for these planners and as an option for event space for corporate and private events. • Research conducted with members of this audience identified that they do not , fully understand the offerings and limitations of CenterPlace. This provides an opportunity Co educate this audience on how to fully utilize CenterPlace when planning events for their clients. Corporate/organizational event planners • • This audience includes all Iocal and regional corporate/small - ' business/organizational event planners and administrative staff whose O responsibility it is to facilitate corporate events. CenterPlace should communicate 13 ~ Desautel•Hege C O M N U N 1C A T 1 O N S ~ not only to local organizations but also those on a regional scale (northern Idaho, western Montana, etc.). • Research conducted with this audience identified that there is great opportunity to educate members of this audience about CenterPlace. Organizations that have used CenterPlace in the past have a high regard for the facility and would use it again, hawever organizations that have not used CenterPlace did not have a good understanding of the facility and its offerings. This provides an opportunity to educate corporations and other organizations throughout the region on how CenterPlace can meet their event needs. Tour operators • This audience includes tourism groups and individuals who plan and administer tours that visit the Spokane region. Many visitors may not know their way around the region and therefore rely on such operators to guide Chem to premier locations in our community. With that said, CenterPlace can be a stop on regional tours, where tour operacors can utilize its beautiful grounds, services and facilities. CenterPlace has not targeted this audience to date in its marketing efforts. There is J opportunity to reach out to tour operatvrs with a distinct message of how they can utilize CenterPlace as part of their tour plan and activities. Consultants/Corporate Trainers ' • Companies that provide training (such as Dale Carnegie) but do not maintain local offices or training centers. • Organizations that might utilize Centerplace for additional meeting space. • Corporate trainers within larger corporations (this group will be reached through the "corporate/organizational event planner" audience). • Groups in this category would include organizations like: o Associated Industries • 920 N Washington St Spokane, 1A/A 99201 • (509) 326-6885 o Dale Carnegie Training \ 14 , Desautel•Hege C O M M U N 1 C A T 1 O N S ~ ■ 1825 N Hutchinson Rd . Spokane, WA 99212 • (509) 327-8122 o Leadership Spokane • 801 W Riverside Ave Ste 220 Spokane, WA 99201 ■ (509) 459-41 10 o Spokane Chapter of NHItMA . • (509) 789-2132 ~ ~ ~ . 15 ~ Desautel•Hege 'CONMUNICATIONS Key Messages The messages that an organization communicates to its audiences need to be strategic, understandable, and succinct. One oF CenterPlace's greatest attributes is its location and beautiful grounds (e.g., park setting, ability for outdoor activities, near the Centennial 1'rail). These qualities differentiate CenterPlace from other facilities and should be featured promineritly. Full descriptions and lists of features can be used to support these high-level positioning messages: • CenterPlace is a beautiful retreat where business meets pleasure. Located in Mirabeau Point Park near the Spokane River; pathways connect you to local parks and the Centennial Trail. • Conveniently located in the Spokane Valley, CenterPlace is just minutes from downtown Spokane and Liberty Lake. . ' • CenterPlace opened in 2005 and boasts comfortable and contemporary spaces to meet your business event needs. • An extension of your own meeting facilities, CenterPlace can serve as your business' home away from home for annual meetings, employee retreats and . trainings or last minute business meetings. • An auditorium, executive conference room, banquet space with courtyard access and fireside lounge are jusi some of CenterPlace's premier facilities for large group meetings. • CenterPlace facilities accommodate groups from 10 to 500. Building capacity is 800. . • With the latest audio/visual technology and wireless internet access, presentations at CenterPlace are state-of-the-art. • CenterPlace offers Flexibility in catering options, allowing you to choose from the CenterPlace catering list or utilize our commercial kitchen to prepare food. • .J16 ~ Desautel•Hege C 0 M M U N I C A T I O N S Marketing Strategies/Tactics To effectively communicate all that it offers, CenterPlace must utilize various marketing strategies and tactics that reach all idencified audiences. Based on research, and conversations internally with CenterPlace staff and partners, DHC recommends developing tools to properly educate hoteliers, event planners, etc. about the amenities CenterPlace offers and how they can best utilize it to augment their existing event facilities. These strategies need to be part of an overall administrative plan that - designates key roles, budget and timeline so as to ensure that they are accomplished in an effective manner. Develop a partner kit for hoteliers and event planners This kit would include printed materials such as room descriptions, pricing sheets, photographs, etc. but would also go further in explaining how to best utilize the CenterPlace facility. This partner kit will also include information on restrictions for using CenterPlace as a city-owned entity. Kits should be sent to all hotel and event planning partners and used in one-on-one meetings. The final kit would include: ~ . Room descriptions: A brief description of all room offerings at CenterPlace including size, technology resources, capacity, etc. • Pricing sheer: A d@tailed description of the pricing structure for CenterPlace. • Phoiographs: Photography is a great way to let the CenterNlace faciliry speak for itself. In addicion to the stock photography CenterPlace currently has, DHC recommends warking with clients to obtain some images of events at CenterPlace to help illustrate how the facility can meet various needs (releases are needed). . • "How io use CenterPlace" processes: One of the main areas where CenterPlace needs to educate hoteliers and event planners is on how to use CenterPlace. This document would contain an overview of the business structure of CenterPlace, that it is an event location only, not a full-service event facility, and haw they can use that structure to their advantage. This could include: o A comprehensive list of the amenities that are available with a CenterPlace room rental. ' o A list of senrices that hoteliers are expected to provide (to avoid any ' confusion). a o The list of approved event planners. 17 ~ Desautel•Hege G 0 lt M U N I C AT 1 O IC 5 • , o How to use outside catering with CenterPlace, including using hotel and restaurant catering. o Restrictions on alcohol use. o How to collaborate with other businesses in the Ciry of Spokane Valley to create a successful event. • Ways to use CenrerPlace: The Partner Kit would include ideas of events that could take place aC CenterPlace and how to use the natural setting of Centerplace to their advantage. Potential event topics could include: o Group hike that ends with a picnic at CenterPlace o Group boat float that either puts in or takes out at CenterPlace o Bicycle trips Chat use CenterPlace as the starting or ending location o Themed dinners that utilize Che outdoor atmosphere One-on-one meetings for hoteliers and event planners Once the kit is developed, DHC recommends having one-on-one meetings for both targeted hoteliers and event planners to review the pieces of the partner kit and explain all the different ways that CenterPlace can be used. These meetings would provide an opportunity to fully explain how CenterPlace is strucwred, how to best use CenterPlace resources and how to work together to achieve the best event result. DHC recommends using case study examples, such as the Zip Trip event and other successful business and hotel-based events, to highlight how CenterPlace can truly work for hoteliers and event planners. Each meeting should focus on how the hotel owner or event planner can use CenCerPlace to their advantage. In order to increase collaboration between CenterPlace, hoteliers and event planners, DHC recommends using a portion of the meetings to brainstorm events that could utilize CenterPlace and how those events could be most successful. Develop a list of "approved" event planners for working with CenterPlace. One challenge that CenterPlace faces is that it is not a full-service event facility. Some of the most successful events held at CenterPlace have used an outside event planner that coordinated all event logistics. qHC recommends developing a list of "approved" event planners that can be recommended for full-service event planning. When an event lead comes into the CenterPlace office, staff inembers can provide this list as an option if the client is looking for a turn-key solution. 18 ~ Desautel•Hege . t O M M U H I C A T I O N 5 ~ This service could be branded as "CenterP/ace's Partner Services" or something similar and promoted as "a partnership with the region's event planners to provide turn- key event support.° CenterPlace currently has a similar program for catering services but this can be expanded to include full service event planners. Because CenterPlace is a city-owned encity, DHC recommends developing the list of approved event planners. A statement of qualifications from each vendor could include criteria such as services offered, examples of successful events, references, etc. Vendors would also be required to show proof that they meet minimum City requiremenCS including liability insurance and Business Registration. All qualified vendors would be placed on the list. Once a list of event planners is developed, that list would be provided to CenterPlace customers. 7he customer would be responsible for reviewing the list, interviewing and selecting the event planner of their choice. Periodic email updates CenterPlace staff should collect and update contact information and email addresses O from all partners, event planners and corporate/organizational clients. 7his list will become a valuable and inexpensive way to stay in touch with your best repeat customers and remind them about CenterPlace a few times a year. Emails could be sent on a quarterly basis and address the upcoming season (a summer themed email in the early spring and a holiday-themed email in the early fall, for example). Emails could include a brief example or two of successful events and/or ideas to spark interest. For summer, an update could include ideas about how to incorporate an outdoor picnic and bike ride into a training or sales meeting. A fall update could address ideas for stress- • free holiday gatherings at CenterPlace. Email updates could drive traffic to Centert'lace's web site or administrative assistant for more detailed information. Website update . ' CenterPlace's current website provides a good overview of the facility, available services and reservation information. DHC recommends adding to the existing website with additional information that makes the site more experiential. Information on how to use CenterPlace, including event ideas, will help businesses from outside the immediate Spokane area get a feel for how an event at CenterPlace could be a success. Including a O photo gallery that has examples of successful events (especially events that had an out- 19 IdomiNk. (io Desautel•Hege C 0 M M U N 1 C A T I O N S of-the-box theme, utilized indoor and outdoor facilities, or utilized local partners) would help tell the full story of CenterPlace. Photos that show greater use of the campus and Centennial trail would be beneficial. Brochure update CenterPlace's current brochure also offers a good overview of the facility. As stock of the brochure begins to run low, DHC recommends updating the piece with messaging discussed in the plan. One approach to consider would be to shift ta a series of one- sheets that can be tailored and included in the information kit folder. This would provide greater flexibility in tailoring information for individual prospects. One-sheets could be developed for: • Weddings & family reunions • Corporate trainings and meetings • Retreats • Multi-day events (with a focus on hotel partners) • CenterPlaee's Partner Services (the event planner list/service) • Themed lunches, dinners (for tour operators as well as event coordinators) One-sheets can utilize tailored copy and photography that help to bring these types of . events alive for the client and can also include a set of features/benefits of the facility that stays the same (or very similar) across sheets. Host high-leverage community events and meetings One of the best tools CenterPlace has to market its event facility is the facility itself. By hosting community events, CenterPlace will have key business leaders from throughout Yhe region in the facility where they can experience first-hand all that CenterPlace has to offer. By marketing space for these groups to hold events, CenterPlace can introduce the faciliry to more decision makers throughout the region. DHC recommends reaching out to business, service groups and charitable organizations in the region including: • Business groups o Spokane Regional Chamber of Commerce and Spokane Area EDC a Greater Spokane Valley Chamber of Commerce o LaunchPad o Spokane Advertising Federation o Spokane Women's Business Center \ 20 ~ Desautel•Hege C O M M U H I C A T I O N S o Spokane Society of Young Professionals • Service clubs o Rotary o Kiwanis , o F-xchange Club • Charity events o Vanessa Behan Crisis Nursery (Keeping Kids Safe Banquet) . o•Sacred Heart Children's Hospital Foundation (luncheons, etc.) ' o Children's Miracle Network (Chef's Culinary Classic) o NicDonald House (community art projects, auctions, etc.) o Big Brothers Big Sisters (Big Magic Breakfast) o Second Harvest Food Bank (Take a Bite Out of Hunger dinner and auction) o The Foundation for Deaconess and Valley Hospitals (fundraisers, etc.) • Non-profiCs: Below is a list of the top 10 largest soeial-service non-profits in Spokane from the 2006 Spokane Journal of Business' Book of Lists. All of these non-profits will likely have multiple events each year. ~ o Second Harvest Food Bank o Community Health Association of Spokane o Inland Northwest Blood Center o Spokane Neighborhood Action Programs o Goodwill Industries of the Inland Northwest o YMCA of the Inland Northwest o Hospice of Spokane o VNA Hame HealCh Care Services o Skills'kin o Community Frameworks Some of these organizations are already clients and have the potential to expand the number of events held at CenterPlace. For those organizations that have not used the facility, letters could be sent offering a tour and including an information kit. CenterPlace brochures should be distributed to all attendees as well. ~ • 21 Idissih. (io Desautel•Hege C 0 M M V N 1 C A T I O N S Media relations ~ Working with the news media is among the most powerful ways of increasing awareness of CenterPlace. The media is an important vehicle for building awareness of CenterPlace as an event facility and the services provided at CenterPlace. DHC recommends that CenterPlace staff look for possible news stories during the year as you work with clients on events. The ultimate goal of any media relations program is to secure positive news stories about CenterPlace as well as events that take place at CenterPlace. CenterPlace should target outlets including: • Spokesman Review (and its Valley Voice) • Spokane Valley News Herald • Liberty Lake Splash • Caeur d'Alene Press • Spokane journal of Business • Montana Business Quarterly • Idaho Business Review ' I • Washington CEO • Yakima Herald Republic , • Tri-City Herald . • Puget Sound Business Journal • Daily Record • Wenatchee World Potential news story angles could include: • The success of CenterPlace as a city-owned entity that promotes tourism and growth for local businesses. • CenterPlace as a catalyst for an emerging business and education corridor in the Spokane Valley. • Success of charity events held at CenterPlace. • Wow a local or regional business put on a unique event using CenterPlace. For dailies or business journals outside the Spokane region, there will need to be a local angle involving a business from their area. 22 ~ Desautel•Hege c O M M U N 1 C A T I O N 5 .D: As events are in the planning phases, CenterPlace staff should be on the look out for events that,might make inCeresting business news angles. Open house for corporations DHC recommends that CenterPlace host an open house and invite potential corporate clients using a direct mail piece. 7his event would showcase all that CenterPlace has to offer as an event facility through technology demonstrations and tours. In addition, catering stations could be set up in the great room where local caterers could feature their menus and how they have worked with CenterPlace. You could consider broadening the event to involve other partners like hoteliers, event planners and other vendors if you find they have interest. - This event would showcase the full CenterPlace experience and should include outdoor activities and/or stations as well as indoor displays. Potential displays and activities could include: . Food tasting with local caterers providing samples of their menu items . Outdoor exercise activities utilizing open spaces, Centennial Trail, etc. ~ • Hands-on demonstration of touchpad voting technology • Video or slide show of CenterPlace shown in Great Room • Special make-and-take craft in the Craft Room Direct mail for multi-day regional events Direct mail advertising provides an opportunity to showcase multiple benefits of CenterPlace in a very personal way. DHC recommends that CenterPlace develop a direct mail piece and make it available to partner hotels, event planners and caterers that promotes using CenterPlace for regional multi-day events. This direct mail would entice bdth local and out-of-area large businesses to hold their next event at CenterPlace, while using local hotel rooms, event planners and cate.rers. By highlighting the benefits of CenterPlace and its partners, this mail piece will provide a virtual showcase af how the client's next event could be a success in the 5pokane Valley at CenterPlace. A mailing list of large regional employers could be purchased covering businesses and organizations in eastern Washington, northern Idaho and western Niontana. Criteria for . this mailing should include the likelihood of a client needing area hotel rooms. The "offer" in the mailing could be a full CenterPlace information kit, including CVB ~ information. 23 ~ Desautel • Hege C O M M U N 1 L A T 1 O N 5 Direct mail for corporate meeting and training use Direct mail is also a good vehicle for expanding awareness with Spokane region large businesses and organizations about CenterPlace as a venue for trainings and meetings. A series of postcards could be developed that target large corporations, higher education institutions, government agencies, etc. l'he piece should highlight CenterPlace's location, campus, facilities and technology. Once the event planner list is . in place, this piece should also educate audiences about the availability of this service. Direct mail to tour operators The CVB recommended outreach ta regional tour operators as a good method for educating them about using CenterPlace as a location for a tour stop in Spokane. 7his type of event would likely require involvement from an event planner who could help develop a series of packages that would be attractive to tour operators. Ideas included things like a visit to Greenbluff for fruit picking followed by a picnic or lunch at CenterPlace, a Tuscan dinner after a visit to The Barn on Trezzi Farm or a birding outing (by boat or by bike) along the Spokane river. DHC recommends talking with the event planners that apply to be a part of Centerplace's "Partner Services" about collaborating on a mailing to targeted tour operators. The CVB can also serve as a resource and can provide a list of appropriate operators. The mailing could be a simple letter accompanied by a fact sheet featuring tour ideas that could be purchased through the event planner partners. 24 ~ Desautel•Hege C 0 M M U N 1 C A T I O M 5 ~ Advertising Print advertising for CenterPlace can assist in communicating the beneflts of the facility to a wide audience. DHC recommends focusing advertising on key business, entertainment and travel industry publications as the highest-leverage advertising opportunities. CenterPlace should look at advertising in the following publications at least quarterly, as budget permits, to achieve successful frequency with each publication; - Frequency of Publication Readership Circulation publication Ad Size Cost 8usiness leaders and business owners in Spokane Journal of . Spokane and Kootenai 1/2 Page Business (onqoinq) County 15.000 Bi-Weeklv Full color 5985/ad Oecision makers, Idaho Business otivner, managers, other 1/2 Page Review business professionals 12,000 Weektv Full color 5449/ad ~ CEO's, executives, financial advisors, 1/2 Page bVashinqton CEO business owners 34,500 Monthlv Full Color 52829/ad Spokane Club: Club members, 1/2 Page Sipnals business professionals 10,000 Monthly Full Color 5599/ad Spokane Chamber of Commerce Directory Business leaders, 1/2 Page (onqoinA) dccision-makers, etc 2,500 Yearly Full color gl 395/ad Spokane Valley Chamber of Commerce 17irectory Business leaders, 1/2 Page (onqoinq) decision-makers, etc 5,000 Bi-Yearly Full Color $1375/ad Spokane CVB: Visitors, tour operators, Spokane Regional travel agents, meeting 1/3 Page Visitors Guide planners and fournalists 180,000 Annual Full Color $1530 Region's only media Spokane CVB: vehlcle specifically Meeting Planners targeted to professional Full Page Guide meetina planners. 2,500 Annual Full Color $1500 1 /3 Page Alaska Air and Travelers, Business 1.87 million Full Color Horizon Air leaders, event planners, passengers/ in Publications; etc. mo. Monthly Horizon $2365 Travelers, Business Spirit Magazine° leaders, event planners, 1/3 Page ~ (Southwest Air) etc. 3.215,100 Monthlv Full Color $8469/ad 25 ~ Desautel•Hege C OMMUNICAYIONS °The regional airline magazines are a good venue for ads that reach business decision- ~ makers, but the costs are high. The Horizon Air Magazine is the best fit for CenterPlace. It produces an annual feature/special advertising section on the Spokane region. These publications should be considered only as budget allows and might be better suited for advertising at the marketing program matures. Additional publications for consideration could include professional publications or newsletters targeting more specific professional groups often seeking large meeting space (e.g., engineers, teachers, doctors, attorneys). . 26 ~ Desautel•Hege C O M N U N I C A T I O H S Timeline ~ Communication and marketing activities ean take place throughout the year but ehere are some activities that should logically take place before others. Some of the activities outlined in this plan should be front-loaded in the marketing year to encourage the use of CenterPlace by hotels and event planners as soon in the year as possible. While CenterPlace staff workload and activities will dictate final scheduling of tactics, a tentative timeline could proceed on the following schedule (gray squares note recommended work activity by quarter). I Tactic I Quarter 1~ Quarter 2 I Quarter 3 I Quarter 4 I Develop a partner kit for hoteliers and event planners . One-to-one meetings for hoteliers and event planners Develop a list of approved event planners and feedback ~ form ~ I Periodic email updates I ~ I I I Website update I I I I Brochure update As needed I ~ Host high-leverage community events and - meetings Media relations I I _ I I ~ Open house for corporaCions Direct mail on multi-day events . Direct mail for corporate . meeting and training use Tour operator mailing I , ~ Advertising ~ 27 CERTIkICATE pF CITY ~ ~ ~ Mirahcau Point ~?ark is a multi-use community project located at 2426 DiscoverS Place whieh will be consti-ucted and opcrated by the City of Spokazie Valley (the "City"). Mirabeau Point Park consisls of approximatefy 54.5 aeres which will house multiple £acilities and programs, including parl:.Vs, other recreational facilities, a regional center, a senior center and open spaces. One of the components of Mirabeau Point Park is CenterPlace (sometiiiies refened to as the "Facility"), a tnulti-use facilit`y. The r'acility will include a Conference Center Wing, Senior Center Wing and a Great Room Wing. The portion of. CenterPlace clesignated for the Confercnce Rooms and Cireat Room is being developed as a "regional cente.r' as defned in RCW 36.100 and 35.57.020 _ (t•he "Project"). .Additionally, portion.s of the Senior Ccnter Wing and spaces used by otber users will _ be available and used f.or "regional cenCer" uses and averftow aciivities scheduled in the Great Room _ Win; and other ponions of CenterPlace. CenterPlace is being dcsigned and used co serve a regional population from ttroughout northeastern Washington, and Northern Idaho and Western Montana. Activities which will be conducted at CenterPlace will draw people &om a still broade•r geographic area. The Great Room Wing will serve as a focal poinC for a conference and special events center that will include meetings, conferences and activities. The activities will i.nclude dance; music and other social and cultural events, community events, trade events, amd other cultural exhibitions, presentations and . performances. '('he purpose of this Certi_ficate is to identify the eomponents of the Facility, the cost of . conscruction and development of chc Facility, the source of funds to pay for the qualif ed costs of ihe r~ Facility, and donations received to pay part of thc costs of the acquisition, installation and - construction of the Projeci. , (1) Components and Uses of the Facility: The 'kacility consists of the .f.ollowing componen[s: (.a) ConferEnce Center wil] house small and large meeting and presentation rooms for mectings ajid other presentations, classroom and administrativc of_fices for operations and maiiagement•. A portion of this space will not be finished initially, all as described in 1TIore detail herein. (B) Great Room Wine will house a 1arge multi-use room, a portable stagc, a multi-purpose audirorium, a high technology presentation and tneeti.ng room; _ food preparation area and storage, dressing and restroom: The great room wing tvill serve as a location for a number of ]arge and medium sized events and activities, includitig tllose described in RCW 35.57.020 (l) (C) Senior Center Wing will house a wide variety of'programs for senior cirizens. This vving will also include an arts and culture space, meetingand conference rooms and a dining room. . :C.t is expected that these coinponents of the Faeility will be used as described belnw: ~ ~ (A) Conference Center will provide large and small rooms for classes, large and smal l group meetiiigs; retreats and othcr organ_ized functions; brcakout p;roups for activities associated with Funetions in the Crreat CZoom; and meetings of civic and community organizaiions. A porlion of this space,%Nrill be used by the Community Golleges of Spokane nistrict No. 17 (the "District") f.or educational programs, corninunity events and aitistic and other cull'uril ex,hibitions, presenYations and performances. Tn addition to these program offerings, the :17istrict has also committed to allow use of this space for averflow meeting and confercnce. room activities scheduled in the Great Roocn Wing. The City staff, in working with 17istrict Staff estimate that the qualifying "regional center'' (as defineci in RCW 35.57.024) use of this space will conservatively cqual about twenty percent (201/o) of the total use of space in this area by the Distric[. Additionally, a porcion of'the space ui tliis wing, approYimately 9,465 square I'eet= wi.ll not he finished at the time the Project is constructed. Thc Marketing anci Development Plan, attached hereto as Extiibit "A"', developcd for CeuterP lace identifes the need to wait to develop chis space until the type of activity and spccific need for supporting conference and meeting rooms is more ref ned. 7'he service niche for the regional center portion o£the Facility wi11 be determ.ined by use and community and regional demand after it commences operation. A,fter there is some operational hiscnry for the . Facility, the need and therefare the plan co follow_in finishing this spacc will ~ be morz apparent. The City believes, based upon its study of and plaiu►ing for the Facility that this space will be needed to fully meer the dcmand of the regional center and special events activities uscs plauned in the Facility. Given the ]ayout of tlle Facility, it rnakes economic and desigri sense to pldn for and constnict this space now. «Fhen the specific ne•eds related to events to be held in tliis space is better known, the City will fnish this space. (8) Great Room NVine will provide multiple program opportunities for regtalar . and special prograrnming by educational, cultural, entertainment and public meeticia activities. These aetivitics will include conimunity and - entertainment events; trade and art shows; ariislic, musical and theatrical prescntations and perfonnances; Communify, govenunental and service clubs meetinDs; and cultural exhibitions. 'I'he technology presenfation room wi11 be used for awide range of activities and presentations which require the latest in teclmology. (C) Senior Center Winsz tivill provide space for a number of programs that serve seniors. Funds have been raised through grants and private donations equaling approximately $3,000,000 to pay for the construction of a portion oF the Facility, much of dlese funds will be allocated to pay for ihis space. Tlus space will also be available for use in conjunction Nvith activities and presentaiions in the Great Room, including "break-out" or small group sessions as a follow-up to the largcr meeting which originates in the Great ~ Room. a (2) Costoft6e hacility: ~ (A) :17evelopmenc Costs. 1"here have been significant development costs for ° Centcrplace, wbich werE incurred prior to construction of Center.Plac;e. These costs bave been allocated betwcen the development of the CenterPlace site and the remai_rider of the Nfirabeau Point site. rlci itemization ot'ihe portion of these costs allocated to the Facility is as fol]ows: . Real Estate $517,360 Appraisals 541,085 "I`opographical Survey $4,587 Boundary Sut-vey $739 _ Pro~rarn Planning S10;650 _ Mirab4au T'ark-way Railroad _ Crossing at Indiana Avenue S186,341 $760,762 These costs were eovered by grant funds from the State af Washington and Spokane County. (B) Estimated Consh-uetion Cost for CenterPlace. The City is in the process of fnalizing the plans and specifications for CenterPlacc and will then be seeking bids for the const.ruction and ftunishing of the Facility. The estimated cost of construction of the entire Facility is $9;874,824. The brea4:out af the allocation of these costs to various components of the Facility will be described in Sec;tion 3 herein. ~ (C) Total Cost of. CenterPlace and Bond Financing. Thc total cost of the Facility (noi including debt service), incluciing development and oeher costs which have already been i.ncwTed, is escimatcd to be $10,635,586. Priva[e contributions vvill be $1,252,000,with the remainder of the costs ta be covercd by federal, state and county fuods which have alrcadp been conunitted and from the proceeds of the City of Spokane Valley Limited Tax General Obligation Bonds in the aggregate principal amount of $9,430,000 (the "Boncis") of wluch $7,000,000 of the pmceeds are allocated 1or costs of the construction and furnishing of the Facility. The debt service schedule for this $7,000,000 debt obligation is attaclied hereto as E.xiibit "13", and demonstrates that the cost, including debt service of t:he portion of the Facility that consists of the regional center is $7,000,000. This ethibit reflects tbat the rotal paymcnt of pri.ncipal and interest over the te.nn of the Bonds as $13,482,028. When the total debt sen=ice to be paid is added ta the cievelopment costs already paid, the total cost a£the "regional center" portion of the Facility $1.4,242,790. .(3) Alloeation of Space. The City is devcloping and consirueting a multi-use facility to provide a ran;e of services and opportunities for the residents of the City. The Ciry believes that • construction of a multi purpose facility will recluce initial construcdon cosis for similar but separate Pacilities, create a more manageable sihiation for long term operation and maiiitenance costs and provide space for overtlow activities of the regional center. The City has worked with the other users o£the faciliry, including other City departments ui developing an estimaie of overall uses of the Facility and allocating an appropriate portion to . qualifed "regional center" purposes. Fldditionally, the City «rorked `<<ith its design team and ~ arctutects to estimate the cost of the Project and allocate cYpenses ta the appropriate cotliponents of ~ the Froject. Below is a breakdown of the specific cost components of the Project, along with an allocation to "regional center" purposes. CenterPlace Rcgional Use: Squarc Fect Construc.tion Cost' Regional Regianal Cost % Lecture Hall 1,650 $416;889z 100% S416,889 GreatRoom 11,160 2,517,6963 100% 2,517;696 Seaior Winj 14,846 2,523,8204 40% 1,009;528 Admin Space 775 131,7504 100% 131,750 Conference «'ing 1' 4,500 765,0004 20% 153,000 Floor - District UseS Confecence Wing ls` 2,401 408,170 100% 408,170 Floor - Meeting and Con.ference Raom Use Confcrence `Ving 2"d 9,898 1,536.2696 100% 1;536,269 Floor Circulation 5,823 955,845' 75% 716,884 Baserr►ent 3,665 619,3858 75% 464,539 . 54,718 $9,874,824 S7,354,725 (4) Timeline For Comoletion ~ The City is currently uroeking on the development of plans and specifications foc the Project The City developed bicl speeif cations for site developr-nent and invited bids on November 10, 2003. It is expected that the bids will be opened on November 21, 2003 with a bid award shortly thereafter. Work on site preparation is espected to com.rnence on or about December 9, 2003. Construction of the Project'is eapected to commenee in the Spring of 2004. The Facility is estimated to be completecl and in usc by Januacy of. 2005. C;11'Y OF SPOKAl~TE VALLEY ~ City Manager ' The total cstirnated Cost for the facility is $9,874,824/54,7 18, or approxirnately S 180.47/sq. ft. on a blended basis. 2 Lecture IIall is estimated to cost appro:cimacety 40% more than the average cost per square foo[, or S252.66 per square foot 3 Great Room, which is rwa storics hig}i and includes a l:itcheu and relaied equipment, 3s well as other serving facilities is estunated to cost 25°/u more than the averaga, or $225.601sq. ft. ' Ai3er thcse adjustmeriEs in cost are made; the estimated cost per square foat for the remaining space is $170.001sq ft. s Space for Disirict may actually bc loeatecl on [he second floor of ilie Facility, dependino on fnal construction plans and other facility uses. . 5 Confirence Wine upstairs will not initially be finishcd, but constructed and ready to he finished. The de;ign team bas esti.rnatcct that this will save approximately $250,000 and reduce the cost for this space approximately to ~ $155.2 Usq. ft. • 7 Thc estimated construction cost per square fooe is $164.15. m g The estimated construction cost per square foot is $169.00. EXIIIBI'T S ~ A. Marketiuig and Development Plan for CenterPlace B. Debt Service for the $7,000,000 portion of the Bonds . ~ 'Ji CenterPlace Preliminary Marketing Plan . CenterI'lace is a multi-use facility at iNZirabeau Poi.nt ("CenterPlace"). Tt will house thc City's new Senior Center as -.vell as a com.munity and regional center. The City is also negotiating,with the Community Colleges of Spokane (the "College") to include classroom and multi-usc space at CenterPlace. In keeping «ritb its m,ission of service to the regiqn, the College is plann.i_ng to providc and host regional eciucational, artistic and cu]tural prpgrams fpr its studenYs and the community. ' 1'he CenterPlace site is easily accessed fTOm I-90 and is in closc proximity to the Spokaue Valley vlall. Nearby restaurants, entertainment and shopping oppUrtunities will complement CenterPlace and e,nhance the reeional econouiy. Ex.hibits and displays in and around CenterPlace vvitl promote a vvide venue of opportunities that will attract and cncotirage visitors to stay and explore tlie Spokane Region. The City of Spokane VallEy Arill market the new CenterPlace facility to attract a variety of local and regional usc, including visitors coming f:rom oiher arcas in Eastcrn Washington, Nlorthern Tdaho and Western Montana. The marketing intent is to work closely wilh other regional service providers, such as mntels and hotels, ta attract confereuces and haaiquets, as well as social and cultural events. Centez.Place Ntiill suppUrt ~ and foster these events of regional sign.i.ficance by providi.ng multipurpose space at a competitive ratc, to aNuide variety of users. The natural setting, and easy walking di_sfance to ihe Centennial Trail and Mirabeau Meadows Park, will lend itsclf to both single and mul.ti-day events. The combination of iudoor and outdoor programming opportututies is a unique feature af CenterPlacc and Nvill be highlighted in promoting the facility. There Nvi]1 be finished space available for break out into smaJ_l graups and meetings. E1 fiill-senrice commercial kitchen Nvill provide thc finest equipment for cateri_ng or. an-site food preparation. The CTreat Room will serve up to 400 sea#ed guests at a tame. Additianally; a portable stage will provide unlinuted opporlLinity for t'ormal and informal presentativns. Maximum flexibility ~Nri11 be an imporcant component of tlle ongoing inarkecing strategy. "1'he interior oC the upstairs conference .ving wil.l be un.fi.nished until the City of Spokanc Valley, -anei the regional community, has a better understanding af the uses, and therefore needs, CenterPlace is intendcd to meet. Bid specifications for the early site work packagc Nvent out November 10, 2003, and bids for site development arc due back by Friday, November 21 st_ It is expected that aNotice to 1'roceed «ill be issued to the successful.bidder on or about December 2, 2003, with . work to begin shorily thereafter. Plans for CenterPlace are bei.ng finali7ed, with bid speci6cations also being developed. It is expeeted Lhat construction bids will be received and contracts a,~var.cied i,n the first quarter of 2004. Constructian will commence late in the first quarter of 2004, or early ui the secand quarter. Attached is a projection showing the expcndit.ue of bond proceeds on the portion of the facility classified as a"regional ~ p.rojecf." Center P lace is cxpec te d to be comp le te c i an d rea dy f or o c c u p a. n c y i n e a r l y 2005. K14814Z100043U.7CA1.4Zp_02A23--CenterPla:e PccGrinal~• hlafceJnp Pian,dx ~ _ ~ BOND DEBT SERVICE ~ City of Spokane Valley, Washington (CenterPlace at Mirabeau Point) Limited Tax General Obligation Bonds, 2003 _ Datsd Date . 11118l2003 Delivery Date 11/18/2003 Perlod Annual Endfng Principal Coupon Interest Debt Service Debt Servlce 11118/2003 - - - - - - 06l01/2004 - - 173,670.51 173,670.51 - 12)0112004 60,000 ' 2.000°ro 161,972.50221,972.50 395,643.01 06/01 f2005 - - - 161,372.50 161,372.50 - 12/0112005 75,000 2.000°io 161,372.50 235,372.50 397,745.00 06l0112006 - - 160,622.50 160,622.50 - 12/01/2006 85,000 2.00056 160,622.50 245,622.50 406,245.00 06/01/2007 - - 159,772.50 159,772S0 - 12l01/2007 90,000 2250% 159,772.50 249,772.50 409,545.00 06/01/2008 - - 158,760.00 158,760.00 - 12/01/2008 95,000 3.000% 158,760.00 253,760.00 412,520.00 • 06/01f2009 - - 157,335.00 157,335.00 - 12r01r2009 105,000 3.00096 157,335.00 262,335.00 419,670.00 M0112010 - - 155,760.00 155,760.00 - ~ 121012010 110,000 4.0009G 155,760.00 265,760.00 421,520.00 06/012011 153,560.00 153,560.00 1210112011 120,000 4.00096 153,560.00 273,560.00 427,120.00 06/012012 - - 151,160.00 151,160.00 - 12/01 /2012 130,000 4.000% 151.160.00 281,160.00 432,320.00 06/01/2013 - - 148,560.00 148,560.00 - 12/012013 140,000 4.000% 148,560.00 288,560.00 437,120.00 06I01/2014 - - 145,760.00 145,760.00 - 12/01/2014 150,000 4.000% 145,760.00 295,760.00 445,520.00 06/012015 - - 142,760.00 142,760.00 - 12/01201 S 160,000 4.00096 142,760.00 302,760.00 445,520.00 06/01/2016 - - 139,560.00 139,560.00 - 12101f2016 170,000 4.00096 139,560.00 309,560.00 449,120.00 06/01/2017 ' - - 136,160.00 138,160.00 - 12/01/2017 180,000 4.150% 136,160.00 316,160.00 452,320.00 06101 /20'i 8 - - 132,425.00 132,425_00 - 12/01/2018 220,000 42505'0 132,425.00 352,425.00 484,850.00 06/01/2019 - - 127,750.00 127,750.00 - 12101/2019 250,000 5.000% 127,750.00 377,750.00 505,500.00 06101/2020 - - 121,500.00 121,500.00 - 12101 /2020 290,000 5.00096 121,500.00 411,500.00 533,000.00 06l0112021 - - 114250.00 114,250.00 - 12101/2021 325,000 5.00090 114250.00 439.250.00 553,500.00 06101/2022 . - - 106,125.00 106,125.00 - 12/0112022 360,000 5.00096 106,125.00 466,125.00 572,250.00 06/0112023 - - 97,125.00 97,125.00' - 12/0112023 405,000 5.000q6 97,125.00 502,125.00 596,250.00 osroirzoza - - 87,000.00 87,000.00 - 12101/2024 ' 450,000 5.000% 87,000A0 537,000.00 624,000.00 06l01/2025 - - 75,750.00 75,750.00 - 12J01/2025 490,000 5.000% 75,750.00 565,750.00 641,500.00 Oct 29, 2003 8:29 am Prepared by Lehman Brothers (Finance 5.000 Spokane Valley.2003) Page 7 . BOND DEBT SERVICE City of Spokane Valley, Washington ~ (CenterPlace at Mirabeau Point) Limited Tax General Obligation Bonds, 2003 Period Mnual Ending Principal Coupon Interest Debt Service Debt Service 061012026 • - - 63,500.00 63,500.00 - 12/01/2026 535,000 5.000% 63,500.00 598,500.00 662,000.00 06/612027 - - 50,125.00 50,125.00 - 12101/2027 430,000 5.00096 50,125.00 480,125.00 530,250.00 06I012028 - - 39,37540 39,375.00 - 12/d1/2028 340,000 5.0009/0 39,375.00 379,375.00 416,750.00 06/01/2029 - - 30,875.00 30,875.00 - 12/012029 295,000 5.000g'o 30,875.00 325,875.00 356,750.00 06/01/2030 - - 23,500.00 23,500.00 - 12/01/2030 280,000 5.000°!0 23,500.00 303,500.00 327,000.00 06101/2031 - - 16,500.00 16,500.00 - 12/012031 240,000 5.000% 16,500.00 256,500.00 273,000.00 06/01/2032 - - 10,500.00 10,5U0.00 - 1210112032 190,000 5.00096 10,500.00 200,500.00 211,000.00 061012033 - - 5,750.00 5,750.00 - 121012033 230,000 5.00096 5,750.00 235,750.00 241,500.00 7,000,000 6,482,028.01 13,482,028.01 13,482,028.01 • . ~ Oct 29, 2003 8:29 am Prepared by Lehman Bralhers (Finance 5.000 Spokane Valley2003) Paqe 8 CITY OF SPOKANE VALLEY Request for Council Action o _ ~o Meeting Date: February 7, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ED admin. report ❑ pending legislation AGENDA ITEM TITLE: Cable Franchise Agreement GOVERNING LEGISLATION: Federal Cable Act of 1984 PREVIOUS COUNCIL ACTION TAKEN: Resolution implementing a continuation period through March 5, 2007 approved 915/06; Ordinance establishing franchise fee approved 3/31103; Memorandum of Understanding on terms and conditions to participate in the regional cable advisory board approved 9/16l03; Resolution 04-415 Regarding Cable Franchise Renewal Proceedings. BACKGROUND: Cable franchises and the franchise renewal process are regulated by the federal government. The Cable Act of 1984 allows for both a formal and informal renewal process. The City assumed the County's cable franchise agreement with Comcast upon incorporation. The agreement expires on September 5, 2006. There is a 36-month window on the formal renewal process. Comcast invoked the formal ~ process on September 30, 2003, but prefers to negotiate under the informal process. The City has completed the ascertainment phase and needs assessment of the formal process while continuing to negotiate with Comcast informally. The attached draft franchise agreement utilizes the City of Spokane's recently adopted franchise agreement with Comcast as a foundation while incorporating citizen comments from the customer survey, staff comments from a comparative analysis of franchise agreements, and findings from the technical review of the Corncast cable system. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: N/A; A revised draft agreement will be brought before Council on February 20'h. , BUDGETIFINANCIAL IMPACTS: The City has budgeted $674,170 in cable franchise fee revenue for 2007. STAFF CONTACT: Morgan Koudelka, Administrative Analyst ATTACHMENTS Cable Franchise Highlights Draft Franchise Agreement with Comcast ~ Draft Cable Franchise Agreement 13ighlights ■ 5% Franchise ree ■ Competitive Equity - Shortens time of agreement if a competilor passes 25% of the homes in ihe franc2use area and nperates without a city francllise. ■ Cable system compliant wrth technical standards specified by the technieal rcview engineer. • Cable serve availablc for subscription to all households Nvitlun an area having an • urban density. ■ Cable drops available to governmcnt buildings. • Broad areas of programming desired by citizcns. ■ Access channcls for public, government, and education programnung (Including reservation of: space for future City govemment use). ■ 1'laceholder language allowing thc City to collect capi[al contribution funds from Comcast for use in supporfi of PEG prograrruning, including City a()Ve111171e11f progracliining. . ■ Parental controls available. • Comcast must adhere to all ROW requireme.nts and pcrmit fccs. ■ 'Nlormal City franctuse requirements for inf~rastructiirc in public ROW apply. ■ Remedies and liquidatcd damage options for non-campliance. ■ Customer service, complaint and annual reports required. ■ Customer seivice standards imPlemented. ~ • Senior aiid disabled discounts addressed. ■ Cooperation with the CaUle A.dvisory Boarci required. ■ insurance and bondiiig required. ■ Expiration coincides with thc City of Spokane's agreement (Iaecember 31, 2017) . ~ DItA:[ 1'/Proposcd Comcast fninchise - C. Driskcll ~ . CI'1 Y OF SPOKATTE VALLEX Sl'UKA,NE CUUNTY, VVASIifivGTO\* ORDLNr1s\ CE \`O. 07- - AN nRDI~7ANGT QI+ TI3E CITY UF SPOICANE 'Y'ALLEY, SPOKANF COi.7NTY, N'ASHCNGTON, GIZAN'C1NG A NO\T,F.XCJ..US[VE FRAiNCI41SE TO COMCAST OF . PFNVSY[.VANTA/WASITINGTQN/WEST VLR(;iNIA, i:Y, IO CONSTRUCT, MA.TN'I'AIN As\°D OFEI2ATE CERTAIN FACILITIN:S NYI°l'H1N THE PUBLiC RiG14TS-QF-VVAY At\`ll YITBY.TC PROPERTIES OF '1EE CITY OF SPOKAi'YF VALLEY. WHEREAS, IZCW 35A.47.040 authorizes the City to grant, permit, and regulliie nOn-exclusive , franchises fiqr the use of public streets; bridges or other public wa ys, structures or places above or below the surface of the grnund for railroads and ot}ier routes Fuid facilities for public conveyances, for poles, eoncluits, tunnels, towers and structures; piRes and wires and appurtenances thereof for transmissian and distribution of electrical energ_y, sitrnals ancf other methods of communication, for gas, 'steam and liquid Piiels, for water, sewer and other private and publicly owmeci antl operated facilities for public service; and WHFRFAS, the orant ot such non-exclusive &anchises requires the approving vote of at least a rnajority of the entire City Council itnd publication at least once in a newspaper of general ci.rculation in the City; and WI-IEREAS, the Council fmds that the ~rant of the franchise containecl in ihis Ordinance, subject ta its terrris and coriditions, is in the best interests of the public. VVHMR.T'AS, in accordance with Section 626 of the Cahle Commu.nications Pnlicy Acl of 1984 ~ (hereinafter the "Cable Act"), Grantce has requested renewal aF its Cablc Cammunications Franchise Agreement, and after negotiations with Grantee, the City has determined thac il is in the bcst interest of the Cit'y and iis residents to renew the 1=ranchise Agreement with Grantee; and, NV1=1E12Et1S, the Citv has, f'ollowing required and reasonable notice, conducted a full public hearing, aff'ording all persons concemed with the analysis and consideration nf the teehnieal abilit),, financial condition, legal qualifications and general character of the Grantee; and, Wl-IEKEAS, the City, aiter suc}.i c•vnsideration, analysis and deliberation, has approved and found sufficiertt the teehuical Avility, financial condition, legal qualification and character ofthe GranCee; anc1, 4VHr K.HAS, the City has also considered and analyz.ed the plans of the. Grfuitee for the continued operation of a Cable Syscem and found the saine to be adequate and feasiblc in vicw of the needs and requirements oftlie City; and, 4VH:EREAS, the City has detennined that it is in the bESC inlcrests of and consistent with the" ' hcalth, safety and welfare of the citizens of the City to renew the Franchise AgrEemenl: Co the Grantee to operate << Cable System within the confines of the C;ity and on the tcrrns and conditions hereinafter set forth; and, . Wl-IEREAS; the Grantee has aorecd to be bound by the conditions hereinafter se•t forth NOW, TNFREFORE, the Gity Council of the City of.' Spokane Valley, Spokane County, , WaSF11.11aLOn, daes ordain as follows: '~...rt Ordinance 07- Draft Cable Pranchise Page 1 of 34 I7Tt.AFT'/Proposed Comcast franchise - C. Driskell - Section l. Defnitioiis. Fnr the purpose of this Ordinancc, the following words and terms . shall have lhe meaninb set forth below: ~ 1. "Flecess Channel" shall mean any Channel set aside for public use, edueational use, govern►nental usc, or alternative commtmity use withOut a channel usage charge. 2. "flec:ess User" shall mean any Person entitleci to inal:e use of an Access Channel consistent with the intended purpose of the Channel - 3. "Basic Cable Service" shall mean any Service Tier which includes the lawfiut retransmission of -local television broaclcast signals and any publie•, educational, and governnlental access pmgramming rcquired by this T'ranchise Agreernent to be carried on the basic tier. 4. "Cable Advisory Bpard" shall mean a City or regional c,able ad<<isory board as established by ordinance or interlocal a3Teement. 5. "Cable Service" or "Service" sliall mean (A) tJie one-way transmission to Subscribers of (i) Victeo Pragrarntning or (ii) Ot:her Programrriing Service, and (B) Subscriber interaction, if any, which is required for lhc selection or use ofsuch Victeo Progranuning or pther I'rngramming Service. 6. "Cable System" or "System" shall metun a fctcility, consistina of a set of clnsed lransmission paths and associated signal generntion, reeeptiqri, and control equipment that is desi,gned Co provide Cable Servic;e which includes Video Programxning and which is provided lu multiple Subscribers within a community, but such lerm shall not include: (1) a f'acility thz3t serves only to retransmit the television sigmals of one (1) or more television broadcast stations; (2) a facility that sen=es only Subscribers witbout using any Public lZight oP Way; (3) a facility af a common earricr which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et seq., excepC lhat such facilily sliall be considcred a Cable System (other than for purposes of 47 U.S.C. § 541(c)) tn the extent such fncility is used in the transmissior► of Video I'rogramining direcdy to Subscribers, unless the extcnt of such use is solely to provide interactive on- demand services; (4) an open video system that complies with 47 U.S.C. § 573; or (5) any facilities of m. y clectric utility used solely for operating its electric utility system. 7. "Channel" shall mean ba.ndwidth in the electromagnetic spectrum capablc of carrying any type of transmission wliich a Graritee of a Cable System is authori.ed to provicle to its Subscribers. 8. "CiCy Manager" rneans the City Manager or designee. 9. "Complaiiat" shall mean a SubscriUer contact witli the Grantee to express a grievance or dissalisi:3etion coneerning C:able Serviee. Complaints do not incluule matters nol within the scope ot' this Franchise Agreement. A Complaint rnay be verbal or in wriling but need not inclucte initial cantacts where iui issue is promptly resolved to the Subscriber's salisfaction. w ~ . prdinaiice 07- Ur•aft Cablc Franchise Pagc 2 uf 34 DRAH1'/Frop4scd Gamcxst franchise - C. Driskell 10. "Construction" or "construcY' shall mean constructing, digging, cxcavatina, laying, te4i►1g, operatina, extending, upgrading, renewing, removing, replacing, and repai.ring a faeility. 11. "Day" means a cwenty-four (24) hour pcriod beginnina at 12:01 a.m. lf a thing er act is to be donc in less than seven (7) days, intermediate SaYurdays, SuncJays and leDal holidays shall be excluded in the computation of time. 12. "Distribution system, system and lines" used either in the singular or plural shall mean and include the poles, conductor, pipe, mains, latcrals, conduits, feeders, regulators, melers, fixCures, connectinns, and all altacbments, appurtenances equipment tind appliances necessary and incidenta) thereto or in fury way appertaining ta the distribution of the service or product and which are loe:ieecl within a right-of-way. 13. "rCC" shall mean the Fcdcral Communications Commission or any legally appointed or designated agent or successor. 14. "racilit}~" used either in the singular or plural shall mean any tangible camponent of the transmission and dist:ributiorn System widiin the right oE way or on public property, ineluding supporting structures, located in the operation of activities authorizecl by this Franchise. The abandonment by Grantee of any facilities as defined herein shall not act to remove the same from lltis clcfinitian. 15. "Franchise Arca" shall mean the entire geobRaphic area within the City as it is now c;onstituted or may in the fiiture be eonslituted. 16. "Gross lievenues" shall rnean all revenue from the Cable System derived by the Grantcc, including its affiliates; subsidiaries, parent, and any Person in which the Grantee 1ia.s a tinancial interest &om the operation pfa Cable System to provide CaUle Service within the City, includi.no., but not limited to, F3asic Cablc Service monthly fees, l'remium Scrvicc fees, Institutional Service fees, lnstallat.ion, scrvice transfer and reconnection fces, Leased Cliannel fees, Converter rentals, home shopping revenues, franc;bise fccs, advertising revenues, ancl eupyright fees; provided, however, that this shall, not include Fuiy ta.es on Subseribers payable to the State of Washington or any Ather governmental uniC or agency and collected by the Grantee on behalf of said governmental unit or agency, or any revenues &om the provision of Cable Services outsitle the City, or any revenues from sale of capital a.ssets or lease of properly for purposcs urlrelated to C:sble Service or any bad debt related dircctly to Gross Revenues as described herein ancl further, shall not inclucic the value of complimentary scrvices provided by Gi-antee to its emplayees or , non-profit agencies. Any financial monthly YFG aeecss COfltl'1bUtlOl1 computed based nn SuUscriber count shall nol bc considered part of Gross Revenues. Gross Revenues shall include, valucd at retail price levels, the valuc of any goods and services receivecl by the Grantce, including its affiliates, subsidiaries, parent, anci any Person in which the Grantee has a fnantial . interast, «fiere treated as revenue on Grantee's books in consideratiun of pcrforrnance by the Grantce a.,s described above of any acivertising or other service in cnnnection with 1}ic C.iblL' Systern; without any deductian because uf taxes or fees on the Grantee. The intent of this definition is to clarify the parties' mutual understanding of "Gross Revenues" and not decrease the historical level of francliise fee payments. The City aehnowledges that Grantee shall maintain . ics books ancl records in accordance wilh Generally Accepted Accounting -Principles ("GAAP") . and subject to applicable laws. , ~j 17. "HazarcJous Stibstanccs" shall mean any substance or material detined or designated as hazaraous or toaic waste, hazardous or Co.cic matcrial, a hazardous, toxic or radioaetive substance, or other Qrdinance 07- Dratt Cabte f'ranchise Page 3 of 34 17RA.F'I'/Proposed Comcast frwichise - C. Driskell . similar term, by any federal, state or local envirnnmental stattite, regulation, or nrcfiriance or decision of- a state or federal court or adminis[rative agency or body,.presently in effect or that ~ may be promulgated in thc future; and as such statutes, regulations and vrdinances may be amenclcd from time tio time. 18. "Lockout Device" shall mean an optianal mechanical or electrical accessory to aSubscriber's terminal «fiich inhibits the viewing of a cerlain program, certitin Channel; or cerlain Channels provided by way of the Cable System. 19. "Maintenance, maintaining or Ivtiilf1L3117" sliall mean the work involved in the replacement and/or repair of I;acilities; including constnietirig, relayint, repairing, replaeing, exarnining, testing, inspecting, removing, digging and escavating, and restoring operations incidental thereto. 20. "Normal Ausiness Hours" sliall mean thnse hours during whieh rn4st similar businesse:s in City are open to serve eustomers. hi all eascs, "Nonnal I3usi.ne,ss 1-Iours" must include some evening hours, at least one (1) night per week and/or somc weekend hours. 21. "Normal Operating Conditions" shall mean those Service conditinns which are within the control of Grantee. Those conditions wfiich itre not within the conlrol of a Grantee inclucle, but are not lirnited to, natural disasters, civil clisturbances, pnwer outages, telephone network outages, anc1 severo or unusual weather conditions. Thosc conditions which arc Qrdinarily within Uhe control of . Cirantee include, but are not limited to; special promotions, pay-per-view events, rate increases, re9ular peak or seasonal demand periods, and `'Taintenance or upgrade of the Gable System. 22. "PFG" sliall mean puhlic, educationtil and gAVerrimeutal access as well as altemative commwlity access. ~ ~ 23. "Permittee" shall riiean a person or entity who has been granted a permit by tlie l'ermitting Authorily. , 24. "Permitting Authority" shall rnean the City Manager or designec authorized to process and grant perrnits reyuirecl to perform work in the rights-of-way (i.e. Obstniction Permit~s). 25. "E'roduct" shall refer to the item, thing or use provided by the Grarite_e. 26. "Premium Service" sliall mean pay tclevision offered on a per Channel or per proa am basis. 27. "Public Properiy" sliall mean any real estate or any facility owroea by the City. 28. "1'ublic Works L7irector" sliall mean the Spokane Valley Public Worl:s Direetor or his/ller de•signee. 29. "Right-of Way" shall refer tu the surface of ancl the space alon};, above, and below any sl.reet, road, hibhway, freeway, lane, sidewalk, alley, • court, boulevard, parkway; drive, Grantee easernent, andlor road right-of- way now or hereafter helcl or administered by the City. 30. "Service Intcrruption" shall mean the loss of picture or Sound on orie (1) or more Cable Chan.nels. 31. "Service "1'ier" shall mean a speeific set of Cable Serviccs which are made available as, and only as, a grnup for purchase by Subscribers at a separatc rate for the group. ~ Ordinance 07- DraR Cssble Franchix Yage 4 of 34 DRAFTlProposed Comcast franchise - C. Ariskell 32. "Standard Installation" sliall mean those that are located up to one hundred twenry-five (I25) feet from the existing distribulion system. Grantee shall comply with applicable FCC regulations regarding commercial installations as may now or herf:after arise. 33. "Streets" or "1-iighways" shall. mean the surface of, and the space above and below, any public slreet, roacl, alley or highway, witliin the City used or intended to bc used by the general public, to tlie extent the City has the right to allow the Gr3ntec to use them. 34. "Subseribee' shall mcan ariy Person who la«,fully receives Cable Service via the System. _ 35. "Video 11rngram.ming" shall rne:in proaramming provided by, or generally considered comparable lo proa amming provided by, a televisinn broacleast station. Seetion 2. Grant of Franchise. '1'he Cily of Spokane Valley, a 1'VaShington municipal cqrporation (hereinaEi'er the "City"), herelay grants unto Comctjst of Pennsylvania/1'Vashinginn/West Viroinia, a lirnited partnership dning busines5 in Washingtan (herei.nafter "Grant:cc"), a fi-ancllise for a period of lasting through December 31, 2017, beAinning on the effective date of this Ordinance, tn inshill, construct, aperatc, mairatain, replace and use all neCessary cquipment and facilities to plaee f'acilities in, undcr, on, across, over, through, along or below the public rights-of way and public places locafed i.n the City of Spokane Valley, as approved under City permics issued pursuant to this fritnch. ise (tiereinafter the "Franchise") and according to the Cable Act. Section 3. Pce. 1. From and aft-er the cffcctive date of this Franchise Agrecment and throughout the full tenn of this Franchise Aareement; the Grantee shall pay to the City five percent (5%) of its annual gross revenues ~ in the City, pursuttnt to 47 U.S.C. § 542. Paymeot shall bc due by the end of each calenclar quarter. 2. Nn acteptar►ce by the City of any paymenC from Grantee shall be construec3 as ari accord that the amount paid is in fact the eorcect arnAUnt, nor shall such acceptance of payment be construed as a release of any elaim the City rnay have for further or additional sums payable under tlie pro<<isions of this Franchisc A'reennent. All amounts paid shall be subject to auditing and recomputation by the City. 3. (:,rantee acknowledges 1nd agrees that the fi•anchise fees payable hy Grantee to City pursuant to this Franehisc Agreement as well as capital support provided by Grantee for 1'F.,G acecss equipment and facilities are authorized imdEr the Federal Cable Act and shall not be deerned to be in the nature of a federal, state or local taY. 4. Nranchise Hecs Subiect to Audit. Upon reasonsble pria• written notice, during normal business hours, at the Gr<intce's principal business offiee in the City, the City shall have the right ta inspect the C;rantee's financial records used to calculate the City's &anchisc fees. The City shall provide to the Grantee a fnal report sefting forth the City's fnding,s in detail, including any and all substantiating documentation. In the event oFztn allegecl undcrpayment, the Grantee shall have thircy (30) days &om the receipt or the report to provide the City with ii writtcn response agreei.ng to or re;.futing the results of the audit, including any substajrtiaring doeumentation. Grantee shall review and tlie City shall be entitled to revicw GrFUitee's histnrical Fmaneial recorcls used to calculate the City's fratichise fees consistent with the - currently applicable state stalute of limitations. 5. T'ailnre to comply with this section shall constihrte a material breach of the Nranchise ~ Agreement. ' C)rdinancc 07- Urait Cable Frunchise ' Page 5 of 34 I)RAFT/Yroposed Comeast franchise - C. Driskell Section 4. ComoeCilive L-auitv. ~ o0 1. The Grantee acknowledges and agrees that the City reserves the right tn bTant one (1) or more additional franchises or other similar lawful authorization tn provide cable scrvices within the City; '....~s~ provided, however, that no sueh franchise or sirnilar lawful authorization shall contain material terms or ' conditions which are suhstantially more favrorable or less burdensome to the competitive entiry than the material tenns ancl conditions herein. The pv-ties agrce that this provision shall not require a word for -word identical franchise or audlorization for a competitive entity so long it,s t}he regulatory and financial burdens nn each entity are generally equivalent. 2. Norivithstanding any provision to the contriiry, at any time prior to the commenc.ernent of the Grantee's thirty-six (36) moni:h renewal wi.nclow provided by Section 626 of the Cable Act, that a non- wi.rclcss facilities based entity,-legally, authorized by slate or federal law, makes available for purchase by subscribers or customers, cablc scrvices or multiple channels of video programming within the franclii5e area widiout a franchisc nr other sirnilar laNvful authorization g-anted by the City, Chen tlie term of Crantee's Frartchise Agreement shall, upon ninety (90) days written notice from Grar►Cee, be shortenecl so thal the Franchise Agreeinent shall be deemed to expire nn a date thirty six (36) rr►onths frnm the frst day of the month followino the date on wHich the compelilor passes twenty-6ve (25) percenC ot'the homes in the &anchise area and begins providing cable service. Grantec shall immediat:ely thereafter securc f'ranchise renewttl riahts pursuant td Seation 626 of the Cable Act with no f'urther notice fo the City rcquired. lhc City and Giantee shall then enter into proccedings consistent with Section 626 fnr renewal of ehis T'ranchise Agreernent. 1'he City and Grantee shall have all rights and obligations provided under said Section 626. ln no event, liowever, shalt the ternl of this Frinchise Agreement be reduced to less than six (6) years from the effective date of diis f°ranchise Agreement. 3. Notwilbstanding a.ny prnvision to the contrary, should any non-wireless facilities based entity provide cahle service tivithin the fi-anchise a-ea during the term of dlis Franchise Agreement without a ~ Franahise Agreement granted by the City, then Grantee shall have all rights «fiich may be available to assert, at Grantce's option, that this Franchise Agreement is rendered "commercially impracticable," and invoke the moditiealion procedures seC forfli in Section 625 of'the Cable Act. Section 5. Previous Tt.iLffit,r Abandoned. '1"his i'ranchise Agreemcnt is in lieu or any and all other contractual rights; privileges, ppwers, immunities, and autbnrit.ics o«<ned; possessed, controlled, or exereisnble by Grantee or 1ny successor pertzining to the construction, operation, modircation or maintenance of a cable system 'tn the City. 'I'he acceptance of this Franchise Agreement shall operate as hetNveen Grantee and the City as an abandc>nment of any tinci all such contr►etual rights, privileges, . powers, i.m.munities, and auihorities within the City. All c;onstruction, operation, modification, and maintenance by the Grantee of any cable system in the City to provide cahle service shall be under diis Franchisc Agreement and not under any otFter contractual rigtit, privilege, power, immunity, or aulhority. Sec.tion 6. Time [s Of Tbe rssence °l'o This Apreement. Whenever this Franchise Agreement shall set fortli any l'ime for an act to be perfonned by or on behalf of the Grantee, sueh timc shall be deemed of the essence. A.ny failure oF the Grantee tb perform within the time allotted shall . always be suFficient grouncls for the City to invoke any appropriate remedy, including, without limitalion, terminatian of this Franchise Agreement. Sectian 7. Taxes. As is consistent with applicable law, nodiing contained in this Franc;hise ' Agreement sliall be construccl to except the Grantee from any tax, liability or iissessment authorizecl by • laNv or fmm provisions oftlie Spokane Valley Municipal Code. ~ Ordinance 07- Draft Cablc Franchise Pttge 6 of 34 D1tA1''1'/Proposed Comcast franc6ise - C. Driskell • Section S. Cable Svstem Saecifications. 1. Prier to the eEfective tlatc of this Pranchise Agreement, the Grantcc completed a voluntary ~ upgracle of its cable system. Concurrently, the Grantee modified its cable system frnm a tradiCional "Chrislmas tree arc;hitecture" to a hybrici fiber coaxial, fiber-io-the-nodc system architecture, wiCh fiber- optic cable deployed frorn the headend to tlie node and coaxial cable deployed from the node to subscribers' homes. Grantee shall mainutin its System to a minimum bwdwidlh of 750 MHiz capacity. Active and passive deviccs are capable of passing a minimum of 750 MI-Tz and capable of delivering high-quality analog or digital video signals meeting, or exceeding rCC technical quality standards. Cable syste►n nodes are desibmed far Puture segrricntation as necess-uy to ma~.imiic shared bandwidth. During the term of this Franchise .Agreement, the Grantee agrees to rnaintain the cable system i.n a manner consistent with these specifcations or better. 2. The Grantee shall comply with all applicable technical standards of the FCC as publishecl in subpart K of 47 C.F.R. § 76. To the extent those standards are aUered, modified, or amended during the term of this Franchise Agreement, the Grantee shall comply with such alterecl, modified or amended standards within a reasonable period aftcr such standards became cffective. 'I'he City shall havc, upon written request, the right to review tests and records required to be nerformed pursuant to the rCC's rules. 3. In accordance with applicable law, the City sliall have the right to regulate and inspect the construe[ion, operation and maintenance oF the cable system in the public rights-of-way. Upon eeasonable prior writtcn notice fuid in the presenc;e oF the Geantee's employee, ttic City may review the cable system's technical perfdrmance as necessary to mnnitor the Grantee's compliance with the provisions of this Franchise Agreement. All equipmcnt testing under a tecltnical performance review s6ttll be conducted by the Grantee. Section y. Cable Servicc. 1. Subjeel to the density cansiderations lisced bclow, except in areas reserved for public trivel or utility access not yet opened and acceptecl by the City as public ri ;ht-of-way that the Grantee is specifically and lawfiilly prohibited from deploying ils cable system by the owner/developer, the Grantere shall provide cahle service throughout the entire City. Areas subsequently annexed shall be providecl with c.ahle service wilhi.n lwelve (12) months of the timt of anncxation. 2. Access lo eable service shall not be denied to any group of potential cablc subscribers because of the income of the polenkiiil cable subscribeis or the area in which such group resides. All residents request'tng cable service and living witliin a standard installation of one hundrecl t,,venty-five (125) feet shall have the cablc installed at no inore than the prev3iling published installation rate. In ikie event a requesl is made for cable service and the residence is more than a standard installation nf one hundred hventy-five (125) fcet, sucki installation sball be completed on 1 time and material cost basis for that por[iqn of die service I.ine extending beyond one liundred twventy-five (125) feet. 3. TJpon request throug;li the design.tt:td City representative, the Grantee shall provide, without charge and throughout the term of this FrrFUichise Ageement, one (1) outlet, one Converter, if necessary, and basic cable service and expanded basic cable serviee (i.e. together the equivalent of sixty (60) Channels of pragRam.ming) or the future analo}; or digital equivalent of such servicc tiers offered by . Grantee to the City's administrative 6uiltling,s as designated by the City, fire station(s), pnlice stittion(s), libraries and state accrecliteci K-12 publie and private school(s). a. lf the clrop line to such building exceeds a standard instnllation drop one hundred hventy-five (125) Feet, the Grajrtee wi11 accommodate the drop up to three hundred (300) feet if the City or ~ other aDency provides the neeessary attachment pnint for aerial service or conduit pathway for underground service. If the necessary pathway is not provided the C:ity or other agency agrees to Ordinance 07- [7raft Cablc Franchise Page 7 of 34 DRAFI'/Proposed Comcast franchisc - C. lariskcll pay the incremental cost of such drop in exeess of one hundred hventy-.five (125) feet or the necessary distribution line extension of the c3ble system, including the cost of sueh excess labor and materials. The recipient of the service will secure any necessary right of entry. b. 17he cable service will not be uscd for commcrcial purposcs, and the outlets will not he located in areas open to the public excepting one (1) outlct to be located in a public lobby of any governmcnt building that will be used by fhe public for viewing public, governmental, or educational access channels. The City will take reitsonable precautions to prevent any use of the Grantee's cable system in any rttmmer that re„SUlts in inappropriate use, loss or damage to the cable system. Crantee hereby reserves all rights it may have under the law to seek payment from City for liability or claims arising out of the provision and use of'the cable senrice requireci by this scction. c. If additional outlets of cable service are prnvided to such buildings, the building occupa.nt will pay tbe usual Inslallation fees, if ariy. 4. Grantee s6all extend the system to any porlion of the City after the datc of the Frlnehisc Agreement, when dwellings can be servcd by extension of ihe system past dwellings equivalent to a density of seven (7) ciwellings per one-quarter (1/4) mile of cable c:ontiguous to the system. Grantce may petition the City for a tivaiver of this requuement, such waiver to be graated tor good cause shown. Suc;h extension shall be at Crantee's cost. In areas not meeting the requirerlients of seven (7) or more dwcllings per one-quzn-ter (1/4) mile, for mandatory eYtcnsion of Servicc, Grantee shall provide, upon lhe request of any potential subscribcrs desi.ring service, an eslimate of the costs required to GXLCdId service ta suc•h subscribers. Grantee sllall then cxtend service upon request srid upon payment of an amount: equal to the rcasonable value of achial timc and materials to be incurred by Grantee for such extensioti. Any cus[omer drop not exceeding a standard installation drop of one hundrecl twenty-five (125) feet will be f.'rce of charge to the customer other than normal installation fees. For drops in ercess of one hundred ttiventy- five (125) feet; Grjntee may assess an amount equal, to time ancl materials. T`his provision has been negotiated lak.ing into consideration the unique features of residential property in the City, including the size of IoLs, historical layout of developments and ot:her factors. Scction 10. ProtramminD~. l. All f.ina) progmutimi.ng decisions remain the cliscretion aP Grantee in aecordance with this Prancliise Agrccrnent, provided that Grantee notifies City and subscribers in tivriting thitty (30) days prior to any channel adctiliQns, deletinns, or realignments, and Fiirther subject to Grantee's signal carriage obligatinns hcreunder and nursuant to 47 U.S.C. § 531-536, and furlhcr subject to City's rights pursuant to 47 U.S.C. § 545. 2. Grantee will provide at least the follo«<ing initial broitd categories of proaramming to ttte erlent such categories are reasonably available: a. rducatinnal programming; ' b. ~Tews, weatlier and information; c. Sporls; d. General entzrtainment including movies; e. Children; family oriented; £ Arts; cult«re and performing 3rts; 9. I?orei,Um language prngramming; and h. Science/documenCary. Qrdinance 07- Drtett (±able Franchise Pagc 8 of 34 17LZAFT/Proposed Comcast franchise - C. Driskell 3. The Gnantce shall offcr to all subscribers a diversity of video prograrnming services and it will not eliminaCe any broad catenories of peqgramming without fust obtaining the written approval of the Cit:y, such appeoval not to be unreasonably wii.hhelcl. 4. Grantee shall notify in writing the City, and the Cable Advisnry $oard, of its intent to eliminate any braad category of progeamming noted in 10.2. Thc City, or its designee, shall ma}ce u determination on such request not later than si:cty (60) days after receipt of the requcst by Grantee. In the event that the City makes an adverse detennination, such determinatiun shall be in writing, alnng with a cuncise statement of the reasons therefore. In the eve;nt the City fails to make a cjeCermination within sixty (60) days aftcr receipt of a request &om Crankce, Grantee shall have the righl to make the deletion contained in ' its written request. Section 11. Rates. 1. Th.roughaut the terni of this Franchise Agreement, the Grant:ec s}iall provide annually an updated rate card to the City Chat details applicable rates and eharges for cable services provided under this Franchise Agreement. lhis cloes not require the Grantcr to filc rates and charges under lemparary reductions or waivers of rate•s and charges in conjunetion widi promotional campaigns. 2. Grantce shall Provide a minimum of thirty (30) days' written notice to the City ancl each subscriber before changinb any rates and charges. 3. City may regulate rates f'or dhe provision of cable service provided over the system in accordance with applicablc federal law, in particular 47 C.F.R. I'ar[ 76 subpart 'N. In the event the City • chooses to regulate rates it shall, in accordance with 47 C.F.R. § 76.910, obtain certificat.ion from the FCC, if applicable. Thc City shall follnw al] applicable I'CC rate regulations and sllall ensure ttii►t ~ appropriate personnel are in place to administer such regulations. City reserves the right to regulate rates for any future eable services to the maximum extcnt allowed by law. Sectinn 12. Access and T_ocal Prcap-ramming. 1. Commencing on the date of this r'ranchisc Agreement, (irantee shall make available eight (8) full-time activated access channels for non-commercial use, onc (l) to be utilized for public and - community inforination and programming; five (S) of which are to be utilized for educational information and programtnina, and ih-vo (2) of which arc to be utilized by the Cit}' for governmental information and programming. 2. °l"he Ciry may designate entitics to be responsible for administering use of the PEG channels. Such eritities sliall be solely responsible for the utilizatiQn, programming and scheduling of the channels designatecl for PCG use and public use respectively. 3. All access chFUinels shall be transrnitted to subscribers on the basic cable service tier available to all subscribers. The [echnical quality nf all aceess chfulnels under Graritec's control shall be at least equal to the same FCC requirecl tecltnical standards to ensure the same quality as the cha.nnels used by Geantee to relransi-nit local off-the-air breadcaSt television stations which Fu-e attiliates of the major national broaclcask networks. Far acccss channels not under Grantee's c•ontrol, Grantee shall insurc that there is no material degradation in dle signal that is reccivcd by Grantee for distribution by Grfuitee over the cAble system. 4. City shall be responsible for all programming reyuirements, including but not limited to scheduling, playback, training, staffnL, copyright clearances, and equipment, maintena.nce and repair, ~ unless responsibility for adrninistering tlie 1'EG charmels has been designaled to a t}i,ird party, which shall then become responsible for all probramming requirements undcr this sectian. Grantee shall have Orciinance 07- Drti(t Cable Franchise Pap,c 9 of 34 L7RAFT/Proposed Comcast frdnchise - C. Driskcll approval authority over any such designated third parky, and sueh approval shall not be unreasonably denied by Grantce. ~ 5. The Grantee shall provide the PEG cha.nnels gs part of the eablc service provicled to any . subscriber, at bo additional charge, and so that the PEG cliannels are vicwable by the subscriber without - the need for additional equipment beyond that required to receive the baSic cable servicc tier. If channels are selectecl through a menu system, the PEG channels shall be displayed as pmminently as commercial programming choices offered by Grantec. 1 6. At such time as the Grantee converts its basic cable service tier from an analog tn a cii~ital f'ormat the City's PFC:; channels will be carried on the digital platfnrm and Grantee shall install, at its sole cosk, such headend e_quipment to accommodate such channels. Such PEG channels sliall be accessed by subscribers through use of stanclard digital equipment compatiblE wit.h Grantee's c<161e system. 7. l1pon one hundred hwenty (120) days notice, the City may require the Grantee to make available and activate at no charbc one (1) additional lacal access channel for educational or governmental purposes, when either one of the following occurs: (a) the City and other lOcal franchising authorities coopcratively propnse the implementation of progi-amming for a regional multi jurisdic;Cional governrnental access channel; or (b) the City's public viewed loeal government access channel required above is used for aecess programminb and airs (excluding character generated and rller prbgramming, e.g. I~(ASA, A1~~IFti1), during any consecutive four (4) rnqnths, eighty (80) hours pf necv locally procluced original progra.mming per calendar monlh during the hours from 6:00 am to midnighl:. For purposes of this p.iragraph, new locally produced orig'tnal programming includes oovernment or ecjucational programming that is areated by the City or any local acereclitcd educational inslilution. \ieither bulletin boarci material nor automated video cablec.asts of highways and roads constitutcs new locally produeed original rrogranuning thal: qualifies herein. . ~ 8. IC Grantee believes thac 3 ahannel activaled under dle terms af 12.7 above is not being fiilly ut;ilized it may provide the City with wri[ten notice of its concern which notice shall trigner a three (3) month review periacl. Tauring diis th.rce (3) month review period if the channel acl:ivated under the terms of 12.7 is not programmed with original programrning, repeat pragrarnrning or importec3 progjamming (not including characler-generated pragmamrning) at leasl: twenty-five percent (25%) of die hours between 6:00 a.m. fuid midnioht, the channel shall then revert to the Grantec for its unrestricted use within the terms and conditions of this Franchise Agreement. 1he Grantee shall give the City a minimum of three (3) montlls notice Follawing the review period prior to wilhdrawal of the channel. The cliannel, however, shall not revert if, during this notice period, the channel full5ills the requirement;s a..~ diseussed above. "1"he reversion will be for a minimum of rwn (2) years. After this period, the City mzi.y re-ac.quire such channel(s) upon demonstrated demand that it will fulfill the conditions of programming usage spccified in paragraph 7 abovc. 9. '1'he City and Ui-antee shall require that all uscrs of public and cum.munity access facilities a.ncl public and community access channcl(s) assume c;omplcte responsibili[y for the content of prob*ramming prepared at public access facilifies and/or cablecasts on the public and community access channcl(s). The parties agree that clearance for usc of c4pyrighted material shall be the sole responsibility of the access user. The City shall reyuire, tllruugh the mutually agreed upon use requirements related to the protection of cqpyrighted material, t:hat all public acecss users indemuil'y and hold the Grtntee and the City harmless from all littbility of any kind whtitsoever, including the costs of legal defcnse arising from the use of facilities, channel(s) or access time by the user. 10. Effective any time after thirty (30) days have elapsed from the eETective date of this Franchise ~ Agreemcnt and at the City's request, the Grantec shall pay to the City, as a capital contribution in suppart Ord'uiance 07-_ Drrift Cab1e F ranchise P»ge 10 of 34 DRAF`I'/Yroposed Comcast franchise - C. Driskell ot local PEG capital requi.rements: (a) an up&ont contribution of up to pne Hundeed Sixty Thousand and rIo1100 Dollars ($160,000) and (b) an Funount up to fifty cents (500) per subscriber per mont}i (the "P.EG Fee"); to be paid on a monthly ba.sis to the City over the life of this Francliise Agreement or until such tune tfiat the Cit}, notifies the grantee to cliscontuiue the capital contributions. a. The Grantee may recoup the upfront conrribulion amount in accard with 12.10, which may additionally i.nclude a rate of return not to exceed seven percent (7"/0) pcr annum, through an - offset agairist the PEG fee over the term of this Franchise Agreement. b. "1 he City shall alloaate all amounts under this paragraph to PEG capital uses exclusively. All PCG tee paynients shall be macle at• the sarne tirne as the Grantee pays the franchise fcc to the City. c. Consistent with 47 C.F.R. § 76.922, Grantee may, in its sole diserction, add the cost of the PEG Fee to the priee of aable services and tn colleet the PFG fee from subscribers. In addition, consistent with 47 C.F.R. § 76.985, all arnounts paid as the capital contribution may be separately stated on sub5cribers' bills as a 1'F-G <<ccess capital fee. d. Witliin ninety (90) days antf upon request, die City shall providc the Grantee witti documentation showing ex.penditures for FEG capital use of the previous year's PEG fundinb ancl showing the budgeted use of the current ycar's PT'G funding. ln the event the City cannot clemanstrate that 1'EG Puncjirig wa.a used or budgeted for PEG capital needs; Grantee's PEG , funding obligations going fortvard shall be recluced by an equivalent amount. ll. Access I'roLzramminp Connectivitv. lhe Grankee shall provide up to three two-way ~ cnnnections to enable the transmissinn of acccss progeamming o<<er the cable system_ The Grantee shall designate a ma:cimum allotment of Une Hundred Thousand and No/100 llollars ($100,000) for new conneelions and recoup the actual cost, which shall not exceed One Hundred Thousand and NoI100 Dollars (S250,000), of the connectivity aLlotment tlirough an offset against the PEG capital fee over the term of this Frajlchise Agreemcnt. Comcast's recovery of the actual arnount shall be subject to the samc requirements oF 12.10 above. If the City ctesires to add additional coaneetion points over the term of l.h.is Franchise Agreement, upon (ane liundred riventy (120) days written request of the City, the Grantee will constnict the new two-way a.,s proposed by the. City. The Lity shall be responsible for (;rantee's time and rnaterials for such construction or, with City's consent, Grantee may uffset such costs from the capieal tn be paid to City in 12.10 above. Section 13. Pfu'ental Control. , 1. Grantee shall provide subscriber controlled loekout devices (audio and visual) at: a reasonable cliarge to subscribers upori Uheir request. 2. As to any program wfiich is transmilted on a channel offered on a per chactncl or per pro~ram basis, Grantee shall block entirely the audio and video portion of such progran from reception by any subscriber who so requests. Scrur►bling of the signal shall not be suff-ieient to eomply with this provision. Section 14. Recoverv of Costs. Grar_tee shall be subjcct to all perniit fees associated with activities undertalcen through the auth4rity granYed in t.his Franchise or under ordinances of thc City. _ NVhere the Gity incurs costs and expenses for review or inspection of activities unclertaken through the ~ authority g'anted in this Franehise or any ordinances relating ta the subject for which a perniit fee is not estaUlished, Grantce shall pay such costs ancl cxpenses directly to the Cicy. In addition to the above, Ordinanee 07- Drsft Csble franchise Pagc 11 of 34 DRAFI'/Proposed Comcxst franchise - C. Driskell Grantee shall Promptly reimbwse the City for any and all costs it reasonahly incurs in response to any emergency involving Grantee's facilities. Section 15. Non-Exclusivitv. This Franchise is granted upon the etpress conditinn that it shall not in any ma.nner pmvent the Gity from grantino other or fiirthe.r franchises in, under, on, across, over, through, along or below any rights-of•-Nvay, streets, avenues and any other public lands ancl properties of every type and dcscription. This and other franchises shall, in no way, prevent or pro}l.ibit the City from using any of its rights-of way, roads, streets or other public properl.ies or affect its jurisdiction over dlem or any part of them. The City hereby retains full power Eo rnake all chtinges, relocations, repairs, maintenance, est:ablishments, improvements, dedications or vacation of sarne as the City may cleem fit, ulclud'►ng the dedication, cstaUlishment; maintenance, and improvcment of all new rights-of- way, streets, avenues, thnrouglifares and other public properties of every type and description. Section 16. Non-Interferencc with Existine Facilities. The City shall have prior and superior right to the use of its roads, strects, and alleys, and public properties for installation and maintenance of its fau;ilities and other govcrinmental purposes, and should in the solc discretion oFt:he City a conflicl arise with the Grantee's facilities, the Grantee shall, at its own expense and cost, con.forrn to the City's faeilities and oiher government purposes of the City, unle,ss RCW 35.99.060 pravides othervise. The owners of all utilities, public or private, installecl in or on suctt public prnperties priqr to the installation of the 1'uies and facilities of the Grantee, sliall have prcference as to the positioning and location of such utilities so inst:al.led with respecl' to the Grantee. Such preferenec shall con[i_nuc in the e<<ent oFthe necessity of rclocating or cbanaing the gr3de of any such public properties. Grantee's system shall be constructed and maintained in siich manner as not to interfere with any public use, or with any other pipes, wires, eonduits or nther facilities that may have been laid in the rights- ~ of way by or under thc City's authority. Seckion 17. RiahC t:o Roads Not Suaerseded. The City, in the granting of this Franchise, does not waive any rights which it now holds or may hereafter acquire, a.ncl this Nranchise shall not be construed so as to deprive the City of aciy liowers, rights, or privilebes which it nacv }ias, or may hereafter acquire, includirig the right of erninent domain, to regulate the use and control of its roads eovercd by this Frtuicliise, or tU go upon any and all City roads snd highways for any purpose including constructint,, repairing, or improvino the saune in any such manner as the City, qr its representativcs may elect. The Ciry shall retain f'ull authnriCative power in the same and like tna►uier as though this Franehise had never - been granted. Ilothing in this Fraiichise shall be construed to prevent the Ciry from constructing facilil.ies, grading, paving, repairing and/or alterinb any street, nr laying down, repairing or removing facilities or . constructing or establishing any okher public work or improvement. All such work sha11 be done, insofar as practicable, so as to not obslruct, injure or prevent the unrestricted use and operation of the facilities of the GrantEe uncler this Francl.aise. '[f, however, any of the Gn3ntee's facilities interfere with City Projects, Grantee's facilities shall bc removed or replaced upnn rea.5onable Nvritteii notice to Grantee. Any anc3 all such removal or replaeemcnt shall be at the sole expense of the Grantce, unless RCW 35.99.060 provides othenyise_ Should Grantee fail to rernove, adjust or relocate its Cacilities by the date establishecl by the Public VVorks Director's written notice ta Grancee and in accordance with RCW.35.99.060, the City may cause andlor e'ff.ect such removal, adjustment or relocation, and the e:cpense thereof shall be jaaid by • Grantee. Section 18. Commencement of Construction. Constructidn of the facilities conternplated by this Pranchise may commence wilhin five (5) days uf the effec;tive date of this Orclinance, providecl that ~ Ordinance 07- Uraft Cable Fnincliise . Pa,a,c 12 of 34 . DRAFT/Proposed Comcast franchise - C. Driskcll ~ such time limit shall not apply to delays caused by acts of God, strike or other occurrences over which ~ Grantec has no control. railure to beoin construction of facilities wit.hin one (1) year of this franchise shall automatically result in termination of this francMise. Section 19. Construction St<indards. All facilities shall be installed in conforniity wit:h the plans and specifications filed with the City, except in instanccs in «fiich deviation may be allawed in writing by the Public Works DirecCOr pursuant to application by the Crantee. AU plans and specificalions shall specify the class and type of material and equipment to be used, manner of exeavation, construction and installation, baekfill, erection of temporary structures, erection of'pcrrnanent structures, anci the traffic cnntrol mitication measures as provideci by the Manual on Uniform Traffic Contrnl L)evices, or similar standards as may be applicable from time to time. The plans must meet all Fecleral, State, County and City Codes ancl the Utility Accnmmodation Plan Standards. Nlotlvithsutncl'►ng any provision herein to the contrary, any ercavations and installations by the Crantee in any ofthe public properties within the corporate lirnits nf the City shall be clone in accordance with Such reasonable rules, regulations, and res4lutions of general application now enacted or tq be enacted by City Council; relating to cxcavations in public pmperties of the City, and authorized by the Public Works i7irec;tor. Said rules, re;;ulations, authorizatinns, and resolutions shall be for the purposes of fiilfilli.ng the City's public trustee role in aclministering the primary use and purpose of public properkies, fuid not for relieving the Grantee of any duty, oblitalion, or responsibility for the competent . design, canstruction, maintenance, Fuid opEration of its facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by cnntr:tctors, assigns or agencies. { Sec6on 20. Snecial Cnnslniclion Standards. Uuring any period of work relating to Grantee's facilities, all surface structures and equipmEnt, if any, shall be erected and used in SUCI1 places and positions within or adjacent to public rights-of-way and other public properlies so as to interfere as littlc -ts possible with the free passage of vehieular and pedestriao lraf_fiic and the free use of adjoining property. Grantee shall, at all times, post and maintain proper barricades and comply widi all applieable safety regulations during such period oF consta-uction as required by the ordinances of the City, conditions of permits, and laws and reguliitions of the State of Washington, specifcally including iZCNV 39.04.180 for the cqnstructinn of trench safety syscems. . If Geantee shall at any time be required; or plan, to er.cavate trenches in any area covered by this Ordinance, the Grantee shall affortl the City an oppartunity to pennit other Grantces vid utilities to share sucli excavated trenches, provided thal•: (s) such joint use shall not unreasonably drlay the work of the Grantec; arid (b) such joint use shall not adversely affect Ur►ntee's facilities or safety thereof. Joint users will bi required to contribute ta the costs of e:ccavation and fillinb on a prq-rata basis. Secrioo 21. Restoration After Construction. Grantee shall, aRer abandqnment approved uritler Section 3$ herein, or any other installation, construetion, relocation, mainlenance, or repair of facilities wittlin the azea of this Pranchise, resfore the surface of the right-of=way or public propcrty to at least the curreol:ly adopted Gity staridards or as requireci by die Public Warks Tairector through a right-of- way permit, depending upon special circumstanees. Grantee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work within the area of this Frinchise or other afI'ected area at its sole cost and eYpense. Sec.tion 22. Damage ancl 'Nlon-Compliance. Any and all damage, or injury, done or caused to City right-nf-way, City facilities, or any portion thereof in ihe construclion, operation, maintenanee or repair of Grantee's facililies shall be immecliately repaired and recoiistructed in confdrmance widh city ordinance, regulatiun or policy as adopted or hereby amended. Ordinance 07- Drafl Cable Frlnchisc Page 13 of 34 DRAF'T/Proposed Comcast franchise - C. Driskell Section 23. Protection of Monuments. F3efore any work is perfqrmed under lhis Franchise which may affect any existing moriuments or markers of any nalurc relating to subdivisions, plats, roads, and all other surveys, the Grantee shall refercnce all such monuments and markers. The referencc paints shall bc so located that they will riot be disturbecl cluring the Grantce's operations tinder this 1=ranchise. The method of ref-ereneing these monuments or oiher pnints tu be referencecl shall Ue approvecl by the Yublic `Vorks Director. All concrete encased recorded monuments which have been disturbed or displaced by such work shall be restored pursuant to State and Federal standards and specifications. Thc replacement of all such inonuments or markers disturbecl during consfruetion shall be m3de as expeclitiously as the conditions permit, and as cli.rected by the T'ublic Works L7irector. The cost of monurnents or other markers lo.st; destroyed, or disturbed, and the cxpense of replacement of approved monuments and other marker ties which have been re-established or disCurbed shall be barne by the Grantee. Section 24. .larainaRe. lf the work done urlder dlis Franchise interferes in any way with the drainage of a City right-of-way, the Grantee shall whnlly and at its otivn eapense make such provisions necessary to eliminate the interference to the drainaae to the satisfaction of the Public Worl:s.Direator. Section 25. Obst:ruction Pennits ltepuired. Whenever Grantce shall occupy or ex_cavate in any public right-of-way or other public property for the purpose of installatian, construction, repair, maintenance or relocation of its facilities, it shall apply to the City for a pennit to do so, together with detailed plans and specifications showing LHc position, depth, and location of all such faeilities in relation to existing rights-of-way, roads, streets, or other public propert}', }lereinafter colletlivcly refei°red to as the "I'lans." All wrork witliin ajty public rights-of way or on other publie property shall be pursuant to a valid perrnit_ The facilities shall be installed or cnnslruated in exact confarmity wit}i said I'lans except in instances in which deviation may be allowed by the City, in writing, in response tn written application by GrFUitee. 'I`he i'lans shall specify the class ana type of material and equipment to be used, manner of ~ excavation, constrriction, installation, backEill, erection of temporary structures and facilitie:s, erection of pcnnanent struchires and facilities, traffic cant.rol, traff.ic turnouts and road obstructions, and all otlier necessary inf'ormation including a schcdule for tlle work. I7uring the progress of the work, Grantee shall not unnecessarily obstruct the passage or proper use of the rights-of-way. Grantee shall file as-built plans and maps wich the City showing the final location of the facilities. A_U restomtion of rights-of-way, roads, streets, slorm drainage and the surfaee of other public property shall be in c;onfor►nance with City stviciards, and cnnditions of the pennit. Section 26. vlaintenanee_ Grantee shall provide and put in use all facilities necessary to control and carry Grantee's products so as to prevent injury Co the City's properCy or propei-ty belonging to ajiy person wilhin the City. Grairtee, solely at its own expense, shall repair, renew, changc, and improve said f'acilities frnm t.ime to time as may be necessary to maintain the same in good condifion. Grantee Sf13Il tlAt COI1StfUCt 1LS facilities in a manner that requires any customer to install cables, ducts, conduits, or other facilities, in, under, or over the City's ri?hts- of-way. Section 27. EmerLencv Resnonse. The Gratitee shall, within si:c months of the execution of this rranchise by the Grantec, nrepare and file with the City and adhere to an Cmergency Mttnagement . Plan (the °1'lan") for respondina to any spill, break, or other emeraency condition. The Plan shall designate responsible ofticials and emergency 24-hour on-call personnel and the procedures to be follnwetl wheri responding to an emerbency. When developing such Plan, the Grantee shal lwork with the Yublic V►'orks Director and the City's Police Department to determine when and how the same should be contacted clurinc, cinergencies. After being notified of an emergeney, Grantee shall cooperate wit1i the City and makc every effor[ tn immediately respond with action to minimize damage and to protect the health and safety of the public. ~ Qrdinruue 07-_ Uraft Cablc Franchise F'nge 14 of 34 DRAFI'/Proposcd Conieast fi-aiictise - C. Driskell In the event the Grantee rofuscs to promptly take the directed aetion or fails to fully comply with sueh clirection, or if emergency conditions exist whieh require immediate actinn to prevent imniineiit injury or damages to p£rsons or property, the City may take sueh actions as it believes are necessary to protect persons or. property and lhe Grantec shall be responsible tn reimburse Ihe City fior its costs and any expenses. . Sectiun 2$. Gmeroencv Work. In the event of any emergency in which any of Grantee's taeilities break, are damaged; ar if Grantee's facilities or construction arcas are otherwise in such a. condition as tn immediately endanger any property, life, health; or safety; Grantee shall immediately inform the City ofthe location and condition ancl shall immediately tzlce all necessary actions to repair its facilities, and to cure or remedy any clangerous conditions. Sueh emcrgency work may be commeneeci vvidiout first applying ior and obtaining a permit as required by dlis Franchise. However, this prc>vision shall nnt relieve Grantee from the requirement of obtaining any permits necessary f'or this purpose, and " Grantee shall apply For all such pernlits not later than Ibc next succeeding day durina which the City is open for business. Section 29. One-Call Svstem. E'ursuant to RCVI' 19.122, Grantce is responsible for betoming t3tI11Ilfll' with, and understanding: the provisions of Washington's One-Call statutes. Grantee shall c;omply with the terms and conclitions set forth in the One-Call statutes. . Section 30. lnsueetions and Fees. All worlc performed by Grantee shall be subject to inspection by and approval of the City. The Grantee shall reimburse the City for all cspenses incurred by the Gity in the c;{amination, inspection, and approval of Grintee's work. Such reimbursement shall be in adtlition to any other fees or charoes levied by the CiCy. Section 31. SafeCv. The Grantee, i❑ accordance with applicable fedcral, state, and local safety rules and regulations, shall, at all li.mes, ernploy ordinary G[iCe in the installatinn, abandonrrient, relocation, construction, maintenance, andlor repziir, utilizing methods and cleviees conumonly accepted in the'►r industry of operation to prevent f'ailures and accidents that are likely to cause damage, iiijury, oe nuisance to persons ar pmperty. All of Grantee's facilities in the rig6ts-of-way s}iall be consh-ucted and mEiintained in a safe and operational condition. (irantee shall follqw all safety codes and other applicable regulations in the installatiqn, operation, anc] maintenance of the facilities. Section 32. Buildine tifovin cu. Rrhcnever any persan shall have obtained pernlission frorn the City to use any right-of way for the purpose of moving any building or other ovcrsized structure, Grzntee, upon fourteen (14) days' Written naLice frottt the City, shall rtiise or remove, at the expense of the Permittee desirin; to move lhe buildulg or structure, wry of Geairtee's facilit.ies that may obstruct the mqvement thereof; proviclecl, lhat the path for moving sueh builduig or struchire is the path of least interference to Grantee's fi1Cllll'1G•S, as deterniined by the City. Uporl good cause shn,,vn by Grantee, the City may reqtiire more than 14 days' notiee to Grantee to move its facilitius. Seetion 33. ArciuirinQ l\'ew Facilities. Upon Grantee's acquisition of any new f'aeilities in the rig ts-of way, or upon any actdition or annexation tn the Cily of ariy area in which Grantee retains any such facilities in the riglits-of way, the Crantee shall submit to tlie City awritten statement describing all facilities involved, whelher authorized by Franchise or any other form of prior rig t, aaid specifying the location of all such Paeilities. Such facilities shall imtnediately be subjecC to Chc tertns of this l;ranchise. ' Sectioo 34. L7angerous Conclitions - Authoritv of Citv to Abate. Whenever exeavation, _ installation, construction, repair, mainCenancc, or relocation of f3cilities authorized by this Frinchise has caused or contributed tn a eonciition diat substantially impairs the lateral supporC oPthe adjoiniiig right-of- way, road, street or other public plaee, or endangers the publie, adjoining public or private propcrfy or Ordinance 07- Draft Cable Fmichise Pagc 15 of 34 DRAPT/1'roposed Comcast franchise - C.17riskell street ulilities, the City may direct Grantee, at Grantee's sole er.pense, to uike sll necessiiry actions to protect the public and property. The City may require that such action be completeei widiin a prescribed time. ~Tn the event that Grantee fails or refuses to promptly take the actions direcletl by the City, or fails to fully comply with such directions, or if emerbcncy conditions exist which require immeciiat:e action, the City may enter upon the property and take such actinns as are necessary to protect the public, adjaeent public or private property, ar street ulilikics, or to maintain the lateral support thereof, and all ather actions deemed by the City to be necessary to preserve the public si►fety and welfare; and Granfee stiall be liable to the City for all costs and expenses thereoCto the e?:tenC caused by Grantce. Sectian 35. Hazardous Substances. Grantee shall comply with all applicable state and federal laws, statutes, regulati4ns and orclers concerning hazardous substances relating to Graiitee's facilities in the rights-of=%vay. Grantee shall mainktin and inspect its facilities locatecl in the rights-of=wAy. Upon reasonaUle writlen notice to Grantee and in the presence of an authori7ed representative of Cirantee, the City may inspect, tit City's sole co3C, Grantee's facilities in the rights-of-way to determine if any release of hazardous substances has occurred, or may oecur, from or relatecl to Grantee's faeilities. '1'his inspection is not to remove the burden of inspection from the Grantee on a periodic basis of its facilities for hazardous substances, nor is to remove the respoosihility of the hwl-ardous substance firom the Grantee. In i-emoving car tnodifving Graiitee's facilities as provided in this Pranchise, Grantee shall also rcmove all residue of hazardous substances eauscd by Grantee's oNvnership or operation nF its facilities within the City's right-of-way in compliance with applicable environmetital clean-up standards relateci tiaereto_ Grantec agrees to inclemnify the City against any clauns, costs; and eYpenses, of any k.ind, whether direct or ind'uect; i.ncurred by the City arising ouc of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its facilities witllin the City's right-of-way, but.not beyonci any applicable statute of limitations perioci. ~ Sect;on 36. Environmcntal. GranCee shall comply with all environmenta) proteetion laws, rules, recomrnendations, and regulations of the Unitecl States and the State of N'Vashington, and their various . subdivisions and agencies as they presently cxist or may hereaf'ter be enaetecl, p[AR1UIgatGCI, or amended, and shall indemnif}' and hold the City harmless &om any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee ftilly tA comply witli any such laws, rules, rcconunendations, ar regulations, whether or nat Grantee's zcts or activities w•ere intentional nr unintentional. Grantee shall further indemnify the City against all losses, costs, and eYpenses (including legfll erpEnscs) which the City may incur as a result of the requirement af any governmcnt or aovercunental subdivision or agency to clean and/or remove any pollutic~n caused or pemlitted by Grantee, whedler said requirement is during the term of the rranchise or subsequent lo its termination. Seetion 37. Reloc.jtion of Facilities. Grantee agrees and covenants, at its sole cnst and expense, to protect, supporl; temporarily disconnect, relocaCe or remove from any street any of its facilities wheri so required by the City in accordance with the provisions of RCW 35.99.060, pcovided that Grantee shall in all such cases have the privilcge to temporarily bypass, in the authorized portion of the stune street upon approval by xhe City, any section of their facilities required to be temporarily disconneeted or removed. 1.f.' the City determines thal the project nECeSsitates die relocation of Granfee's then- existing facilities, the City s1ia11: a) At least sixty (60) days prior to the commericement of such i►nprovemenc project, provide Grantee with written nokiee requiring such relocation; and . Ordinancc 07- Uraft Cable Frincliise Pare 16 of 34 DRr11-7/Proposed Comcast franchise - C. Uriskel] b) Provide Grantee with copies nf pertinent porlions of the plans and specifications for such improvement projeet and a proposed location for Grantee's facilities so that Grantee may relocate its facilities u1 other City rights-of-way in order to accommodate such improvement project. c) After receipt of such nntice imct such plans and speeification, Grantee shall cnmplete reloca/ion of its facilitic.s at r1o charge or expense to the Gity so as to arcomrriqdate the improvement project at least ten (lU) days prior to commencemerit qf the project. . Grantee may, after receipt of wrieten not:ice requesting a relacation of its facilities, submit to the City ATitten alternatives to sueh relocation. The City shall evaluate such aiternalives and advise Grantee in wriling if one or roorc of the alternatives are suitable to accommodate the work which woulc) otherwisc necessitate relocation of the fiieilities. If so requested by the City, Grantee shall submit additional . information to assist the City in makiag suah evaluation. '1`he City shall givic each alteniative proposed by Grantee full and fiair consideration. Tn the event the City ultimately determines that therc is tio ot}ier reasonable alternadve, GrtinCee shall rclocate itis facilities as otherwise provided in this Section. `['he provisinns of t.his Sectiori shall in no manner pru:lucie or restrict Grantee from making any arrangements it rnay deem appropriate when responding to a request for reloutCion of its f'acilities by any person or entity other than the City, where the facilities to be eonstructed by said person nr ent.ity are not or will not bccome City owned, operated or mai.nlaine.d facilities, provided lhat such arrangements do not unduly delay a City construetion project. Section 38. Abandonment nF Grant:cc's racilities. NO facility const:ructed or owned by Grantee may be aba.ndoned without tlac express written consent of the City. Any plan fnr abandonment or removal nf Grantee's facilities must Ue first approved by the City, and all necessitty pe;rmits, must be obtained prior to such work. Section 39. Records. As a condition of this Francliise, and at its sole erpense, Grantee agrees to provide the City with available as-built plaiis, field locates, maps, plats, specifications, profiles, and records of its faeilities within City rights-of-way upon request: Such documents shall be pmvided upon request by Grantor wilhin fve Musiness days of Grantor's requc,st. These records shall be in a cligital electrnnic format acecptable to tlie City, unless the Public Works Director deems it to be a hardship to.tlie (;rantee, in which case a hartl copy in a fonnat acceptable to the Publie Works Director shall be provicleel. To the extent such retluests arc limited to specific facilities at a given location within the Franehise area in connection with the construction of any City project, Grantet; shsll provide to the City, upun the City'S reaSOnahlC rGCjuGSt, copies of available drawings in usc by Grantee showing the location of such facilities. CTr3ntee 5hall field locate its facilities in order co taeilitate design ancl planning or City irnprovement projects. Upon writfen request of the City, Grantee shall provide the City with the rnost recent update available of viy plan or potential irnprovements to its faeililies within the Franchise area; provicted, • howevcr, any such plan so submiClecl tihall be deemed cont~dential and For infurmationsl purposes only, and shall not obligate Grantee to undertake any specific improvements within the t'ranchise area. 'Che parcies ar.,~'ce to periadica(ly share Geographic Inforrnation System (GIS) files upon written request; provided Grantce's GIS files are to be used solely by Grantor for goveriunental purposes. Any files provided to Grantee shall be restricted to inforrnation required for Grantec's engineerinor needs for installation, repair or replacemcnt of Caeilities that are the subject of this franchise. Grantee is proliibited from selling any GIS inforrriation obtained from City to any t}iird parties. . . Ordinancc 07- Draft G,ilale Franchise 11age 17 of 34 L7RA.FT/Prnposed Comcast frunchise - C. Driskell Yublic Disclosure Act: Grantee aclknowledges that information submittecl to the City may he , subjec:t lo inspection and copying under the WashingKOn Public Disclosure Act codified in R.CW 42.56. Grantee shall mark as "CONFLDEiNTLAJ," each Fage or porcion thereqf of itny ;documentati4ii/information which it submits to the City and whicli it believes is exempt from public inspection or copying. The City agrces to provide the Grantee with a eqpy of any public disclosure request to inspect or copy docutnentation/inforrnation which the Grantee has provided to the City and marked as "CONFIDrNTIAL" prior to allowing any inspection andJor conying as well as provide the Grantee wiCh a time frame; cnnsistent with IZCW 42.56.520, to provide the City with its writtzn basis for non-disclosure of the requested documentation/infortnation. 1.n the event the City disagees witlt the Grantce's basis for . non-disclosure, the City a~,*rees to withhnld relca.se of the requested documentation/informatinn in clispute for twenly (20) days until the Grantee can fle 3 leoal action under RCW 42.56.540. Section 40. Lirnitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street; the Grantee shall not be pernlitted Co excavate such street except as set forth in the City's lher►-adopted regulations relating to street cuts and excavations. Section 41. Reservation of ltiLhts bv Citv. The City reserves die right t'o refuse any request For a permit to e:ctend franchise facilit:ies. Any such refusal s}iall be supported by a written statement frorn the f'ublic; Works Director thal e.rtending the franehisc facilities, as proposed, wauld interfere wikh the public health, safety or welfare. Secfioo 42. Remedies to Enforce Gomoliance. 1. This section does not apply to revocation of the 1'ranchise AgreemenY. WhEnevcr the City sceks to enforce the T'ranchise Agreement, it shall first providc written notice to thc Grairtee of the nacure of the problem and rE:que.sted action, toget}xer widi any applicable time frame for responsc. Any time ~ limits here or elsewhere in the rrttnc}aise Agreement may he modified by written stipulation of the City and Grantee, except time limits relati.ng to revocation of this Franchise Agreement or where othenw-ise required by Iaw must be approved by the City- Council. 2. Except in case of urgency or public need relating to management of the public right-of-way as reasonably cietcrrnined by the City, the Grantee has kliirty (30) days From receipt of such noticc to respond in writ.ing to the official sending the noticc: a. cor►testing it; or b. accept.i.ng it and agreeing to c.ure as requestetl wiXhin time limits speci.ficd; or c. requesting additional time or olher modifications. ln such event, Grantee shall promptly take all reasonable steps to cure the default, keeping the official informect as to the steps to be taken and a projected cempletion date. 3. If the official is not satisfied with the re,sponse, they notit'y the Grantee iti, writing. Grantee . may thcrcafter request a hearing thereafter as provided in Seetion 44. 4. In addifion to any other remedy prnvided lierein, the City reserves the right to pursuc any remedy to cornpel or force Grantce fuid/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall nnt prevent the C:ity from thcreafter declarinb a torfeiture or revocatinn for breach of the conditions herei.n. s . G,.,_ OrdinancC 07- Draft Cablc Franchise Page 18 of 34 DttAFT/Proposed Comcast franchise - C. Uriskel) ; - Section 43. Liquidated Damaees. 1. 13ecause Grantee's failure la comply with the pravisions of this Franchise Agrecment will p result in damage to the City and because it will be impractical to determine the actua) amount of sueh damages, the City and Grantee hereby agree upon and specify certain amounts set forth hereiifi-er in this section which represent both parties' best estimate oE the damaDes. 2. I he City shall speeify any damages subjecl to this section ancl shall includc such information in the notice sent to Griintee requi.red undcr Seciion 42.1. Such a n4tice may provide for dainages sustai.ned prior to the notice where so provided, and subsequent thereto pending complianee by Gritntee. 3. To the extent that the City elects to assess liquidated damages as provided in this section ancl such liquidated damages have heen paid, the parties agree that this shall be the Citys sole and exclusive damage remedy in lieu of aetual damaoes; provicled, that this shall not limit the right of the City tn seek , equitable or other relieFas reserved in Section 44.3. 4. Unless othenvise prnvided, liquidated damagcs do not accrue after the timely filing of a request for hearing by Grantee until the time of a decisian from the hearing. Nothing in this section prevents the parties from settling any dispute relating to liquidated damaaes by mutual stipulation. 5. Grantee may cure the breach or violation wiehin the time spccified to petition for review to the City's satisfaction, whereupon no liquidatcd damages are assessed. ~ 6. E1fter fulfillinn the proeedure required under Section 42, Grantee has thirly (30) days to pay such amounts. If not paid tliereafter, liquidated c13ma;es shall be i►n►nediately payable from the .r perfnrmance security, witt►out furtljer notice, upon demsnd by the City and a st<tlement thai the provisions of this section have been fulfilled. Granfee may seek review of any assessment of liquidated damages under Section 44. 7. Schcdule of Liquidated Damages. Liquidated damages are set as follows. All amounts accrue per day but not beyond the number of dtiys Co exceed the arnourit of $10,000 per nvelve (12) month period unless specifcally provicicd. Nothing requires the City to assess liquidaled darnages, acting in its sole discretion, but such event does not operate as waiver or estuppel upon the City. a. For failure to provide cable servit;e as promiscd in Section 9 of this Frwichise Agreement, $500 per dziy, ' b. For fiilure to provide data, documents, reports and inforrnation as required by this 1=ranchise Agreement, $50 per day per each separate violal:ion. c. For failure Co concluet tests as required by this Franchise Agreement, $50 per day. d. For failure t4 comply with PEG access requirements nutl'tned in Se_etion 12, $150 per day. , e. Far fiiilure to answer subscriber c.alls as required by Section 46 in any calendar quarfer where Grantee fails to iticet the applicable standard and performs aC eighty percent (80%) or above, Grant:ee shall pay the City $1;000; in any ealendar yuarter w}icre Grantee fails to meet the applicable standard and perform 3C less than einhty percent (AO°/a) but at least seventy percent (700/o), GranCee shall pay tbc City $5,000; in any c,alendar quarter where Grantee fails to meet the applicablc standard and perfonns at less than seventy percenl (70%), the Grantec shall pay the City $10,000. Ordinance 07- 17rnft Cable Franchise Page 19 of 34 ARAF"T/Proposed Comcast francbise - C. Driskell £ ror any viqlation nf the any other cuslomer service s[andard, $100 per day per violation, not to , exceed $1;000 Por any single vialcition. ~ g. T'ailure to maintain insurance, bond, or performance security as requircd in diis Franchise Agreement $500 per day. NTOTE: .f.'or this item, lhere is no cure privilege, n4 abeyance pending any hearing, or forgiveness of liquidated clamages because of abscnce of prior vialation or breach. There is furtlier no limitation on cumulative liquidated damages for this item. h. Failure to indemnify the City as requirecl in Section 49, $500 per day. NOTE: this assessment is fbr delay only ttnd does not excuse any other actual clarnages for flilure Co inclernnify. i. 1=ailure to pay liquidated damaDcs lawfiilly assessed under this Franchise Agreement, where the samc have not been otherwise recovered £rom the performance sccurity: one percenl (1"/0) of the unpaid amount pcr month. There is no cumulative li.mitation on the amaunt of this item, no rigt►t of ctire beyond any extencled prior to the assessment of liquidated damages and no abeyancc pending any hearings or appeal process be}'ond that as tnay have been previously extended at the time sucla liquidated damages were initially assesscd. j. For all other violations of the Franchise Ageement for «fiich actual damages may not be a,scertainable: One Hundred and \io/100 Iaollars ($I OU) per day for each violation. k. Where Grintee has three (3) or more of the same violation or breach events (an "evenY' may invotve multiple custnmers, but is discrete i.r► time or circumstances) within any twelve (12) month periocl, all applicable damages amounts are doubled. Section 44. Hearine,s. Grlntee may request a hearing as f'ollotivs: ~ l. Grantee tiles a written request within Fourteen (14) days of receipt of a decisinn it wanls ~ reviewcd with the City Manager. `I'he request does not stay the effcct of the decision or obligation to comply or exercisc of any remedy available to the City ex.ccpt as othenvise provided_ The City Manager may concluet the hearing or appoint an altemate hcarings officer, who shall not be the person issuing the order or such person's subordinate. For matters eYCeecling $25,000 reasonably estirnsted value in coniroversy as determined by the City Manager, the Graaitee may file a rcquest that the City Hearings Examiner conduce the hearing. A re:isonable fling fee may be sct by the Hearings Examiner or generally applicable ordinances_ If not othenvisc providetl, the filing f'cc is $100. 2. The hearing may be,informal and shall be conductecl within hventy (20) days, wi[h at lea.st ten (lU) days prior notice to both sides. Thc official conclucting the hearing is responsible to keep a record of any materials submieted 'and shall recorcl the hearing by vidco Qe audio tape, fbr rnattcrs invrolving esceeding $25,000 reasontible estimated value arnount in controversy. A written decision shal.l be issued within ten (10) days. Lither pariy may appeal the decision pursuant to 1'ZC1W 7.16 within diirty (30) days. 3. Except where otherwise provided, at the conclusion nf the City hearings process, Grantec remains in default, it shall corrECt said default in fitteen (15) days or as nthenvise ordered by the City. T.n tltc cvent the Grantee does not cure within such time to the City's reasanable satisfacCion, the City may draw,frnm the perfonnance security any liquidated damages or penalties resulting from Grantee's defiiult if not alrcady done nr awail the conclusion of the judicial process. Nothing herein limits the City's right _ to seek any other relief as provided in this ag-eement. a. If liquidated damages have not been assessed and paid, seek any offier legal or equitable relief as provided by contract or at law and/or ' Ordinance 07- Uraft Cable Frrlnchise Pagc 20 of 34 TaRAFT/Praposed Comcast franchise - C. Driskell b. await thc eonclusion of any judicial review process. a In the case of a default of a material provision of t.his rranchisc Agreement, nothing herein • limits the City's right to scek to rev4ke this Franchise Agreement in accordance with Sc.~etion 55 ancUor assert sucfi default as a basis for non renewal or non cxtension of the Franchise Agreement. cl. 1Vhcre Grantee seeks judicial review ancl ultimately prevails, any tnoney judgntent against the City shall be paid or may thereafter bc offset by Grantee, in Grantee's discretion, atainst f'urther franchise fee payments due to dhe City. in such event, Grantee shall notify thc City at least si~ty (60) days prior tn apply t:he offset. Scction 45, ltepprts. • 1. The City has the right to inspect bnoks zind records ofGrantee, which are reasonably necessary lo monitor the Grantee's compliance wilh the provisian of aable services undEr this Franchise Agreement. Within five (5) days of receiving Nvritten notice &om t:he City to inspect the Grantee's books aad records under I.h.is provision, the Grantee shall within ten (10) business days or a mutually agreeable date and time, accommodate the Cicy's request at the Grantee's business offce i.n thc City, during normal business . hours, and wilhout unreasonably interfering with llic Grantee's business operations. All such documents pcrtaining to financial matters shall be preserved a.nd maintainecl i.n aeeordane,e with Grantee's standtircl recorcl retention policy except for f nancial rccords which are governed by Seetion 3.4. 2. Pmprietary and Confidential iriformation. The City has the right to request a copy of the baoks and recorcts that are not identified as proprietary or eonfidential as described under ehis paragraph. The City shall have a right to inspect within the City; but the Grzintee shall not be required to release inforniation l.hat it rea.sonably deems to be proprieuary or contide.ntial in nature provicled that this shall not prevent ltlc release of such proprietary or confidential documents for purposes of any enforcement proceeding where appropriate legal steps are available tio acldress Grantee's concerns regarding confidentiality. Thc City agrees not to oppose any rcquest for confidentiality. In the event the Grantee asserts that certain informatien is pmprietary or confidential in nature, the Grantee shall identify generally the information which it deems propriety and con.fidcntial and the reasons for its confdentiality in writing to t}ie City. - Each page of sucli intormation provided Nvill be clearly mai•ked as "proprietary and confdential." The City agrees to treat any i»formation disclosed by the Grantee its con6dential and only to disclose it to t.husc crnployees, representatives, and aoents, of dhe City that have a need to knnw in ordcr to enforce this 1"ranchise Agreement and wfio agree to mainlain thc confidentiality of all such infUrmation. Tlie Grantee shall not be required to provide customer infarmslion in violacion of Section 631 of the Cable Aet or any other applicable fecier.sl or stale privacy law. For purposes of this seetion, the terrns "proprietary or conFdential" include, but are not limitui to, informatiorn relating to the cable system ciesign, customer lists, mlrketinn plans, financial intormation unrelated to the calculation of franchise fees or rates pursuant to PCC rules, or otlier iniormalion khat is reasonably deterniinecl by I:hc Grantec to he eompetitively sensitive. 3. Grantee shtill provide the quarterly customer service report required in Section 45.8(a). Such reporting requirement may he relieved by the City Manager in his sole discretinn. 4. File for Public Inspection. Throughout thc terrn of this Francllise Agreement, the Grantce _ shall maintain at its business oftice, in a file available for public inspection during nnrmal business hours, those documents required pursuant to the FCC's rules and regulations. 5. Complaint File and Rcports. Grantee will keep an accurate and c4mprehensive file oF all -~--rN camplaints rcg3rding the system and Grantee's actions in response to those eomplaints in a manner Onlunance 07- Draft Cable T'ntnehise Paec 21 of 34 DRAF'1'/Proposed Cameast fr<inchise - C. Uriskell consistent witti the privacy riohts of subscribers. Upon t}iirty (30) clays tivritten requc,.st, Grmrtee will provide a rePort to the City that contains total number and summary of all eomplaints received by category, length of time taken to reyolve and action taken to provide resolutioo. • • . 6. Annual Report. \'o later thiin March 31st of cach year, if requested by the City, Grantee shall f le a written reporl• with the City, which shall include: a. a summary of the previous calendar year's activities i.n development oi'this system, including but not limiled to services begun or droppect, number of subscribees (including gains and losses), homes pa.5sed, and miles of cable distribution plant in service (inclucling different classes if applicable); b. an audited fnancial statement, including a statcnient of ineome, a statement of retained earninbs, a balance sheeC, a statement of sources and applieal.ions of funds, a 6red asset statement showing for each aceount or category, the original eost and accumulated depreciation balanees and activity, and a deprecialion statement showing the detaile_tl calculation of cfepreciation expense for the year. '1"he statemeut shal.l include notes lhat specify all sigmifeant accounting policies ancl practices upon which it is based (including, btrt not lirnited to, depreciation rates arid met}iodology, overhe.ad and intrasysCem cost allocatian methods, and basis fior inteeest expense). A summary shall be provided comparing the current year with previous years since the beainning of a franchise. The statement shall eontnin a summary of franchise fee payments and any adjustment thereto as speciFcd in SVMC 3.65. Tn any year the CitV requires an audilecl financial stateriient pursuant to dlis subseclion, and an auditecl financial statement in compliance with this subsection is provided by a Grantee, that Grarrtee shall not be required to submit anot:her audited finimcial statement for that ycar which otherwise may be required. S c. a cunent statement of cost of any construetion by component categoory; d. a summary of complaints; identifying die number and nature of eomplaints snd theu disposition; e. if a Graniec is a corporacion, a list of officers arid members of the board and the oLi'icers and . board members of any parent corporalion; f. a list of all partners or stoekholders holding one percent or more ownership interest in a Grantee and any parent aorporation; provieled, however, tlliiC When any parent corporation has in eYCess of one t6ousand shareholclers and its shares are publicly triicied on a national stoak exchange; then a list of the twenty largest stockholders of the votino stock of such corporation shall be clisclosed; g. a copy of all of s Grantee's written rules and regalations applicable to subscrihers and users of the cable system; ' h. an}' additional informalion related to operation of the eable system as reasonably requested by tlie City. 7. Customer Service Reports. a. Grantee shall maintain a quarterly compliance reporl: specific to the systertt in the franchise area and shall prnvide sucli report ta the City as spccified in a franehise. Such report shall _ clemonstrate Grantee's complianee witla the ternls ancl provisions oPth.is agreeiiient. Ordinance 07- DrsR CaUle r'ranch.ix Yage 22 of 34 DR/1FT/PropasedCamcastfranchise-C. Tariskell b. '1'his report shall be available for inspection by authorized City representatives at the Ineal oftice of the Grantee during regular nffice hours. Cirairtee shall alsd eomply with all requests by City officials to deliver such record to tlie City for inspection. Delivery shall be madc to the official(s) requesting such inspection. Crajitee shall have the right to redact personally identifiable infortnation consistent with 47 t).S.C. § 551. c. When similar complaints have been made by a number of subseribers, or where other evidence . esists which, in the reasonable j«dgment of the City, casts doubt on the reliability or quality of the cable service, the City, norivithstancling any nther provisions of this rranchise Agreement, shall have the right and authority to rcquire that Grant:ec test, analyze anct repart on the perFonnFUice of the systerri. Grantee shall fully coqperate with the City in perf'orming sueh testing and shall prepare a«Titten report ot the results, if requested, within thirl:y days after notice. d. 1'or the purpose of City verifying that Grantee's coinp(aint management Wrocess, proceclurre and service terminations are handled in accord.ca with the requircrnents of a frinchisc and applicab(e law, a database of billing comptaints relating to such matters shall t3c rTlaintained and reporls chereto shall be macle available upon mquest_ The report sball include the following inf'orrnation: name of complainant, nattire ot complaint, datc and time recEivecl, disposition; and time and date of disposition. Such logs shall be maint,iincd for a period of noi le,ss than rivo ytars. GrantEe shall not Ue required to provide subsoribcr data in violalion of'47 U.S.C. § 551. 8. Thc City may speci fy the form wd details of all repnrts, with Grantee given an opportunity to cornment in advance upon such forms and details. 1'he City may change the fiiling dates for reports upon reasonable request of a GranCec. 9. A Grantee shall annually make available to the Public Works Direcior for inspeetion a construction plan and schedule for the tnllo«ring rivelve rnqnths. I.O. A Urantee shall, upon request of the City, make available a c;opy of the final report on cach proof of performance test of each technical parameter defined in Pa.rl 76 of the Rules and Rebulations of the FCC. If the FCC shall cease to require such test or if the T'CC's regulations do not apply pursuant to 47 C.H.R. § 76, a grantee: a. shall continue fo eonduct such tests at least once e<ic;h ealendar yezir (itt intervals not to exeeed fourteen months: b. shall, upon rc;quest, provide a cppy of each .final rcport to the City within ten working clays of completion of siich reports; and e. shall maintiiin the resulting tes[ d;ita on file at its local office for at least five years. The City subseyucntly may requi.re a full report on any deficiencies as disclosed by the proof of performance test within such reasonable perioti of time as it may designate. 11. Grantee shsll make available to the City for inspectinn, as the City may reuuest, a copy of all maps antl cliarts of cable locations prepared by or for the Grantee during the duration of the Franr;hisc A*reement. . , 12. `rhc City shall have the right to inspect ~tll construction ancl Installation ~~rork perfonTied by Grantee subject to this chapl'er as it shall find neecssary to insure compliance with governing ordinanees anc3 the firanchise, ancl sball have the ribht to inspect Grantee's cable system. Ordinancc 07-_ 17raft Cablc Franchise i'xge 23 of 34 DRAr'I'/Proposed Comcast franc.hisc - C. Driskell it~ Section 46. Customer Service Standards 1. Grantee shall satisfy the consumer protection and service standards as outlined below ciuring ' the tenn of this Franchise E1greement. `1"he City hereby further adopts tlie customer service standards set forth in Part 76, §76.309 of'the FCC's rules and regulations, as amended. 'I'he Grantee sMall comply in all respeets with the customer service standards conta.ined herein and the customer service requimments established by the FCC. 2. Grantec shall not deny service, access, or othenvise cliscriiiiinate against any person, including subscribers and users, on the biisis of race, color, religion, national origin, agc or sex. A Gr►ntee shall . comply at all times with all other applicable federal; state and local la,,vs and regulations. Grantee shall makc known all available service oplions wherever gener9l service infornlation is distributed, including but not limited to the grantee website, serviee brochure, and when asked of a customer service representative. Not included in this requirernent are promotional materials focusing on lirnited, specific scrvices. 3. Tn pruviding service, Cir•antee shall maintain a convenicnt lpcal customer service and bill payment office in eiGher the City of Spolcane or ttic City of Spokane Valley for receiving subscriber payments, handling billing questiqns, equipment replacement and dispensing customer ser<<ice information. The Grantce will also make every ctfort to mal:e available withi» the C,ity a Incation for receiving customer payments, reeeiving equipment, and dispcnsing customer informatiori. The Crantee . shall comply wilh the standards and requirements for customer service set farth below and shall comply with all applicable state and federal regulations relating Io customer service obligations, including 47 C.F.R. § 76.309 and any amendments thereto. a. Cable system offtec hours and telephone availability: ~ i. Granl:ee will maintain a locll, toll-free or collect call telephone access line which will be available to its subscribers hwenty-four hoLirs a ciay, seven days aweek. 1. Trainecl Grantee representatives will be available to responct to eustorner lelephone inquiries during normal business hours. 2. After normal business hours, the access line inay be answered by a service or an automlted response system, including an answering machine. Liquiries received ai'tcr normal business hours must be responded to by a trained Geantee eepeesentat:ive nn the next business day. ii. Under norrnal op$mting conditions, telephone answer Limc: by a customer representative, including wait time, shall not exceed thir1.y seco►1ds wllen the connectinn is made. If the eztll needs to be transferred, transfcr time shall noC e:ccecd thirty seconds. '17hese standards shall be met no less then ninety pereent of the time under normal operating conditions, measurcd on a quarterly basis. iii. Cirantee shall possess equipment to measure compliance with the telephone answering standards above. iv. Under normal operating conditions, the customer will eeceive a busy signal less than three percent of the ti.rne. w ~ Ordi.nsr►ac 07-_ IaraR Cable Fra,ichise Page 24 ar"34 D1tAFT/Proposed Comcast franchise - C. Driskel) v. Customer service center and bill payment Iocations will be open at ]east during normal business hours. b. Tnstallations; Ou[ages anc3 Service Calls. Under nornial operating conditions, each of the following slanclards will be met no less than ninety-five percent of Ihe time mcasured on a quartcrly basis: i. Si3ndard installations will be perfornied within seven busincss days after an oeder has been placed. l. The "appointment window" alternatives for installations, service calls ancl other installation activities will be either a spccific ti►ne or, at ma.timum, a four- hour time block during normal business hours. (Grantee miiy schcclule serviee ealls and other installation activities eutsicie of norrnal business hours for the express convenience ofthe custOmer.) 2. Grairtee may not cancel an appointment widl a customer after the close of business on the busuiess day prior to the scheduled appointmcnt. 3. if Grantee's representative is running lflte for an appointment: with a customer ancl will not be able to keep the zippoinirnent as scheduled, the Grantee shall use its best efforts to contact the customer prior to the time of the scheduled appointment. '1'he appointment will be rescheduled, as necessary, at a time which is convenierit for the customer. . 4. iJnder nor►nal operating condicions, if (;rantee cannot perform inst-illations within the times speciGeci in applicable customer stanclarcls, the Grantee shall . nffer the subscriber a credit equal tn the chargc for a standard installation or other compcnsatian of equal or bReater value. F'or non-standard installation, Grantee shall attempt tn contact a subscriber requesting an estimate ofi charges within seven business days of receivino the request by the subscriber. '1"his subsection does not apply to t}ie introduction of new producis, snd services when Grantee is utilizing a phased intrnciucli0n. ii. Excluding conditions beyond the c4ntral of Grantee, Grantee will begin worl:ing on "service interruptions°' promptly and in no event later lhan twenty-four hours after the interruption becomes lmo«m. Gran[ee must begin actions to correct ocher service -problems lhe next business day after notification oi' lhe service problem. Grantee shall resolve all service interruptions to the extent reasonably possible within Fprty-cight hours . under nnrmal operating conditions. 1. .T.n those cases where service is not restored within tvventy-four hours due to unusual circurnstances, the reasons far the delay shall be fully documented in an outagc log. . . 2. Under norrnal operating canditions, i.f at'tcr riventy-four hours service is not restorcci to a subscriber, Graritee shall, upon a subscriber's requesi, provide a refund or credit or nther compcnsation of equal or greater value. 3. As subscribers are connected or reconneeteci to the systern, Grfuitae shall, by appropriate means such as a eard or brochure, furnish general subscriber Ordinance 07- 17raR Cablc Franchisc Pagc 25 of 34 . DRAF'1'/Proposed Comcast franchise - C. Driskell information (including, but not limited to, terms of service and procedurt:s fiar , making inquiries or complaints, including the name, address and local Celephone number of the employee or employces or agent to whom such inquiries or complaints are to be addressed) and furnish inforniation coneerning the City ofticc responsible Por the administration of the F'ranchise Agreement, includi.ng the address a.nd telephone numb-er of said office. ' c_ Communications lzehveen Granlee and subscribers. ' i. Notifiications to Subscribers. 1. Grantee shall provide Nv-ritten infarmation on each of the.f:'ollowing areas at the time of installation of service, at lcast annually to all subscribers, and at any time upon request tn subscriber or die City: a. Products and serviccs otf'ered. b. Prices and options fqr programming scrvices and conclitions of subscription to programming and other services. c. Tnstallation and servicc ►naintenance policies. cl. Tnstructions on how to use the caUle servic;e, e. Channel positions of thc programming carried on tiie rystem; and f. }3illing and eorTiplaint procedures, including the address and telephone ~ nu►nber of'the City. ii. 17ateJPrdgmimrning Changes. 1. Subscribers will be notified of any changes in rates, programminL services or channel positions as so4n ss possible in writing. \TOtice must be given ta - subscribers a mittimum of thirty days in advance of such ehanges if tlle chdnge.s • are within the control of the Grantee. in addition, the Grantec shall notify subscribers thirty days in aclvance of any sigmificant changes in the otlic.r information requirecl by this section. Graritee shall not be required to provide prior nAtice of any rate cbanges as a result of a regulatory fee, Ganchise fee or other fecs, tax; a.ssessment or eharge of any kinci imposed by any federal aaeney, state or City on the rransaction behveen lhe opeeator and the subscriber. 2. Grantce will make every cffort to provide discounted service to senior and disabled customers. Any changes ta eristing discounted serviees sliall be subject ta the above notification requirements. 3. All programming deeisions remain the cliseretion of Grantee in aeeordance with this Franchise A&,reernent, provided that Grantee nntifies City and subscribers in writing thirty days prior to any channel additions, deletions or . realigunents clirected to eaeh subscriber individually tl.irough niailed notice or as an insert or addendum to the subscriber's manttlly bill, email or ather means y~ raasonably calculated to give the subscriber and die City advaneed notice, and , Qrdin:uice 07-_ Drafl Cable Fr~uieliise Page 26 of 34 ]7R.AFT/i'roposed Comcast franchise - C. Driskell further subject to Grairtee's signal carriage nbligations hereunder and pursuant to ~ 47 U.S.C. § 531-536, and further subject to City's rights pursuant to 47 U.S.C. § 545. Location and relocation of the PLC, Channels shall he governecl by this . Friinchise Agreement, and further to the programming category requirements contained within this Hranchise Agreement. iii. Billing. 1. 13ills will be clear, concise and understandable. }3ills must be fully itemized, with itemizalions including, but not limited to, basic and premium service cliarges and equipment charges. Bills will also clearly delineate all activity during the billina period, including optional charges, rebates and credits. 2. Billiiag coiilplaints shall be responded to promptly, but in no event later than within seven days of receipt. iv. Kefiincls. .R.efund checks will be issuecl prornptly, but no later than either: - l. thc subscriber's next billing cycle fallowing resolution of the request or thirl.y days, whichever is earlier; qr 2. the retum of the equipment supplied by Grantee if service is tenninated. v. Credits. CrediPS for service will be issued no later than the subscriber's ne~-t billing . cycle followinj the determination Ihat a credit is warranted. vi. Subscriber Charges. A list of grantee's current subscribcr rates and charges for citble service shall be maintainecl an file with City and shall be available for public inspection. 4. 1 he Grtntee shall comply with all applicable federal and scate privacy laws; including Sectiori 631 ofthe Cable Act and regulat:ions adcapted pursuant thereta. Scction 47. Cable Advisorv Board. City reserves the right to maintain a Cable Advisory Board nver I.hc tenn of this Franchise Agreement. The Grantee agrees ln cooperate with reasonable requests for information, through thc designated City representalive, to support the Ciible rldvisory Board. Secfion 48. Citv Qrdinances and Rep-ulations. \Tothing }ierein shall be deemecl to direct or restrict the City's abilit_y to adopt and enfarce all necessary and appropriate ordinances regulatitig the performance of the eonditions of this Franchise, including any eeasonnble orclinances made in the eYercise of its policc powees in the interc:st of public safety and for the welfare of dhe public. The City shall have the zuthoriCy :it all times to control by approPriate regulatioas the localio», elevation, and manner of eonstruction and maintenancc of any facilities by Granlee, and Grsntee shall promptly conform with all such regulations, unless compliance wauld cause Grantee to vialate ot}ier requirements of law. Sectiun 49. Vacation. 'I"he Cily may vacate aiiy City rnad, right-of-way or other City properky which is subject to rights gran[ed by this T'ranchise because said road, right-of way br olher City property is no longer necessary for public use. Any relncation of facilities resulting &orn a street vacation shall require a minimum of 180 days notice as provided for in Section 62. . Section 50. ,[ndemnification. Grantee liereby releases, eovcnanL,; not to bring suit and agrees to indemnify, defend and holcl harmless the City, itsoUccrs, ernployees, agents and representatives &om Qrdinancc 07- Omtt Cable Franchisc PKt e 27 of 34 DItAFT/Proposcd Comcast francbise - C. Driskell any and all claims, eosts, judgments, awards or liability to any person, includinb claims by Grantee's o~,,-n employees to which Grantee mighl othenvise be irnmune under R.CW 51, arising from injury ur death of any person or damaac to property of which the negligent acts or omissions of Grantee, it~s agents, servants, offieers or employecs in perForming servicE:s under this Francliise are the pro?cimate causc. Grantee further releases, eovenants not to being suil and agrees to indemnify, defencl and hold ha.rmless the City, its off-icers and employees fi-om any rind all claims, costs, judgments, awards nr liability to any person, including claims by Grantee's owrn employees to which Grintee might otherwise have immunity under R.CW 51, arising against the City solely by virtue of the City's ovviiership or control of the riahts-of- way or olher public properties, by virtue of Grantee's excrcise of the rights granted hercin, ar by virtue of lhe City's permitting Grantee's use of the City's rights-of-way or other public property baseci unon the inspection or lack of inspection of Nvork performed by Grantee, iLs agents and servants, officers or employees in cOnncction with work authori•r.Ed on the City's prope.rty or prnperty over Nvhich the City has control, pursuant to this Franehise or pursuant to Fuly ot6er pcrmit or approval issued in connection with this Franchise. This covenant of indemnification shall include, but not be limited by this reference, to claims against the City arising as a restilt of the negligent ac~s or omissions of Grantee, its agents; servants, officers or employees in barric.ading, instiluting trench safety systems or provid'tng adequate warnings of any ereavation, construction, or work in any public right-of-Nvay or other public place in performancc Qf «<ork or services permitted under this Franebise. Inspection or acceptance by the City of any work performed by Grantee at the tune of completion of eonstniction sFiall not be grounds for avoidanee of any of these eovenants of inclemnification, except to the e:ctent of the neg.linence or willful misconduct of City, its offcers, employees or agents. Said indemnification obligations shall extend to claims which are not reduced to a suit and any clai.ms which may be compromised prior to the culminatipn of any litigatiqn or the inslitutiqn of any litibation. in the event that Grjnfee refuses to accept the tencier of defense in any suit or any claim, said tender having been macJe in writing pursuant to the indernnificarion clauses contained hereiia, and said refusal is subsequently determined by a court having jurisdiction (ur such other tribunal that the paRies shall agree to decicle the matter), to have been awrongffil refustil on the part of Grantee, then Grantee shall pay all oF the City's costs for defense of the action, including all reasanable expert witness fccs and reasonable attomeys' fees and the reasonable costs of the City, including reasonable atfonieys' fees of recovering under this indemnifcation clause_ . Should .i court of competent jur'tsdiction (or such other tribunal that the parties shall a3ree to decide Ehe matter) determine that this Franchise, or work conducted uncler authority nf this T'ranchise, is subject to EtCW 424.115, then, in the event of liability for damages arising out of bodily injury Lo persons or da.magcs to properly caused by or resulting from the c4ncurrent negligence of Grantee and the City, its officers, Empl4yees and agents; Grantee's liability hereunder shall be only to the eactent of Grantee's negligence. lt is further specifcally and expressly understood that the indemnification provided herein constitutes Grantee's waiver of immunity under RCW 51, solely fnr thc purpose of this i.ndemnification. This waiver hiis becii ►nutually negotiated by the parties. T1ie provisions ot this Section 50 shall survivc the expiration or ternlination of this Nranchise Agreement, for << period of th.ree (3) years, Lmless the applicable statute of limitations period is less, in which case the provisions shall survive no lonber than the applicable statute of li.m.itations period.. Section 51. lnsurancc. Grantee shall procure and maintain for the duration. of [he Pranchise, insurance against claitns for injuries to persons or darnages to property which may arise from or in connection with the exercise of [he rights, privileges and authority granted' hereunder to Grantee, its agents, representatives or employces. ~ . ' Ordinance 07- llraft Cable Frinuhise I'agc 28 6f 34 17ItAp1"/Proposed Comcast francvise - C. Driskell Applicant's maintentince of insurancc as required by this franchise shall not be cnnstrued lo limit the liability of t1ie Grantee to the coverage provided by such insurance, or othenvise limit the City"s ~ recnurse to any remedy available at law or in equity. l. Autnmobile Liability insurance with limits no less than $1,000,000 Combined Single I.imit per accident for bodily injury and property damage. This insurance shall cover all owned, non- owned, hired or leased vehieles used in relation to this franchise. Coverage shall be wrilten on lnsurance Services OFfice (ISO) form CA 00 Ol or a substitute form providing e.quivalent liability coveragc. If necessary, the policy shall be endorsecl to provide cc>ntractual liability coverage; and 2. Cornmercial General Liability insurance shall be written on Insurance ServicES Office (TSO) occurrence form CG 00 01. or a substitute form and shall cover products liability. The City shall be a narned as an insured under the Applicant's Comrnercial General Liability insuraricc policy using 1S0 Additional Insurcd Statc or Politicnl Subdivisinns-Permits CG 20 12 or a substitute endorsemenC provicling equivalent coverage. Coverage shall bc written on an occurrence basis with lirnits no less than $1,000,000 Combined Sinole Limit per occurrencc and $2;000,000 gcneral aggregate for personal injury, bodily in,jury and prnper[y clarnaje. Coverage shall include but not be limited to: blanket contractual; produels/coinpleted operatinns; broac3 form property; e:rplosion, collapse and undergrounci (XCU); and Employer's Liability. 'Che insurance policies are to contai.n, or bc endorsed to contain, the followina provisions for Commercisl General Liability insurance: 1. "lhe Grantee's insurance coverage sball be primary insurance with respect ta dle City as outlined in the lndemnificsation scetion of this Agreement. Any insurance, self-insurance, or insurance pool coverage maintained by the Cily shall be in excess of the Grantee irisurance and shall not contribute with it. 2. The Grantee's insurance shall be enclorsed to state that coverage shall not be cancelled; exc:ept - after thirt_y (30) days prior writl:en notice has been given to the City. Tnsurance is to be placecl with itisurers widi a current E1.M. T3est rating of not less than A:VIT. Grantee shull fiirnish the City with original cer[ificatcs and a copy of any arncndatory endnrsements, including the additinnal insured cndorseaient, evidencing the insuraricc requirenients of the ~'irantee prior to the adoption of this Ordinsnce. Any failure to comply Nvith the reportulg provisions of the policies required herei.n sliall not affact . coverage provide•d to the City, its offieers, of(icials, employees or volunteers. . Sectioo 52. Bond R.elat:inL t4 Coristruction Activitv. 13efore undertaking any of the work, installation, imprvvernents, construction, repair, relocalion or maintenAnce authorizecl by tliis Franchise, C.~rantee, or any parties Grantce cqntracts with to perform labor in lhe perfonnance of th. is frinchise, shall, upon the reyuest ot'the City, furnish a bond eYecutecl by Grantee or Grantee's concraclors and a coi-porate surety authori7xd to operate a surE:ty busiriess in the State of Washington, in such swn as may be set and approved by the City, not to exceed twenty-five thousand dollars, as sufficient to ensure performanec of Grantee'.s obligations under this Franchise relating to installation or maintenance at facilities. The bond shall be conditioned so that Grantee shall regair or rcplace any defective work or materials discovered in the City's roacl, street~s, or property. Saicl boncl sball remain in effetC for the lifc of'this I;ranchise. In tlle- event Grantce proposes tU eonstruct a project for which the above-mentioned bond would not ensure performance of Grantec's obligations under this Frinchise, thc City is entitled to require such larger bond Ordinanc:e 07- llraft Cablc Pranehise Pa,gc 29 of 34 DRA1=1'/Proposed Comcast frxnchise - C. iariskell as may be appropriate under the eircumstanees. Scction 53. .T..ettur Of Credit; Per.formance Securitv For Obligations. ' 1. Grantee sh311 mai_ntain security, hereaftcr referenced as "Perforniance Security" as follows: Grantee, hascd upon its past perforrnance, shall be initially required lo proviclc City with a letter of credit of $100,000 with a financial instilution acceptable to the City. If at any time thereafter, Grantee does not continue to maintain a fully complaint rating (no draw on Performance Security which has been sustained follo«<ing zill applicable appeals), the City may require the leUer of credil to be increased upon thirCy (30) days written notice to Grantee. The i.ncrease may not exceed the original armount or a lesser reasonable amount sufficient to ensure the amount set is adequale to cover one hundred fifl:y pcrcent (150%) of draws a.s rensonably estirnaeed by the Ciry, but not less than $100,000. Upon petition by Grantee and sufficient showing of adequacy, the City may permit an escrow deposit or combination escrow deposit and lettcr of cre.dit. 2. Lf t}iis Fra.nchise Agreement is transferred other tlian fior reasons not requirinn eonsent of the City, the 1'erformztnc:e Sccurity requirement automatically reverts to a$500,000 letter of credit or othe_r arnount required Uy the City. 3. Failure to deposit said Peri'ormance Security or the failure to maintain the Perfonnance Securify, i.n the fitll amount required hcreiri, in effect duri.ng the entire tenn of this rranc:hise Agre.ement, and of any renewal or extension thereofi, shall constitute a material breach of this Nranchise Agreement. Section 54. Procec3ure For Drawing On 1'erformance Securitv 1. The only conditions applicable to the City's righl to draw on the Performanee Security are stated in Seetions 23-26. The procedurE: fqr drawing on the Yerforrr►ance Security shall be as follows: a. [f the Grantee fails to make timely paymcnt of any amount due tmder this T'ranchise Agreement or fails to make limely payment to the Cit'y of any laNvful, recurring feES such a.s i'ranchise fee pa}•ments and taxes, the City shall have the right to draw on the Perforniance; Sec;urity following Sevcn (7) tlF►ys advance Nvritien notiee; to Grantee, including the notice informalion required in Sectic~n 42 unless the a.mount due is receiveci within such seven (7) day period, Grantee may request: a hearing on this decision as provided in Section 44, but this does ❑ot delay the City's rig6t to clraw upon the . E'erformancc Security up to the amount of nonpayment, plus applicable interest anc1 penalties, fol lowirig the initial seven (7) day notice period. b. If the Gr-ttntee fails to talce timely acti4n as requested by the City with respect to its facilities i_n the Fublic Rights of Way which migh[ e:cpose the City to loss or liability, the City s1ia11 have the right to draw on the Perfonnance Security an amount rea5onably sufficient to prevent or offset the loss or liability, first giving hwenty (20) days advance written notiee to Grantee, including the notice information requi_red in Scction 42. lf no Griinfee response is received within twenty (20) day period or if Grantee has not alreacly cured, the City may proceed to draw on the !'erformance Security. If a written Grancee . re,.Sponse is receivEd within such period, the City shall then wait at least ten (1.0) days laefore making any clraw on the Performance Seaurity. Grantee may request a hearing on this decision as provided in Section 44, but this does not clelay the City's right to draw upon the Perfarmance Security. This does not limit t}he City's rights to tiilce a.ny actions „ On.linance 07- Braft Cab(c Franchise I'age 30 of 34 TaRAFT/Proposed Comcast franchise - C. Driskell necessary in case of emergencies or the right of eitMer party to seek injunctive eelief in a proper case. c. The timc periods fAr lav.,ful withdrawal referenced in Section 54(1) (a) and (b) above, rnay be extended by City in writing in City's discretion. For any other reason besides Seclion 54(1) (a) ancl (b) above; Grantee may request a hearing under Seclion 44 prior to a City draw on Ferformanee Seeurity. This limitalion expires upon expiration of the Cime to requesl the hearing, or if one is requested; it expires thirty (30) days r►ner the rnunicipal hearings process is concluded, whether or not further court review is requested. '1'his shall not limit the righl oC Graratee to seek injunctive relief in appropriate cases with respect to said draxv. 2. Upon drawing fimds rrom the Perfoiinance Security, the City shall give written notice tliereof the GranCee. Not later than thirty (30) days aRer the maili.ng or delivery of notice from City to _ Grantee indicating a draw, Grantee muse restore the Performance Security to its fiill required a►nount. 3. The collection by City of any damages, monies nr penalties from the Performance Seeurity shall not affeat any other riglit or rernedy available to City, nor shall any act; or failure to act, by City pursuant to the Perforrnance Security be deemed a waiver of any right of City pursuant to this Franchise Agreement, cxcept as provided with respect to litluictated damaocs or as provided in Section 54. Section 55. Modification. The City and Grantee hereby reserve dle right to alter, amend or modify the terms and conditions of this Frunchise upon written agreement of bot.h parkics to such alteration, amendment or mddifeittion. Section 56. Comnliance with I4ew Reeulations.. Grantee shall pramplly comply with all lawful Cit), orders, resolut.ions, ordinance and provisions of the City's code related to Grantee's operation of the facilities; provided that (a) the same eithcr (i) are not inconsistent with [h.is Pranchise or (ii) are a la~Nfil exercise of the City's police power, are limited lo reasonably regulating time, place and manner of Grantee's cntry onto or activity wilhin City's rights-qf-way and (b) Grantoe shall nat be subject to any fees, compensatian or ot}ier payments except those pruvided for under this. Franchise, if tiny. The City and Grantee each reserve the righl' io rcquest that this Nranchise be changed, arnerided, modified, or amplif ed to conform to any applicable I'ederal or State slatufe or judicial or administrative decision, State and National Codes, Standards, and Regulations a,s may hereafter be enacted, adopted or pramulgxted. Furkher, Grajitee reserves the right to contest any provision of this Franchise under any applicable Pedenl or State stattiicc or judicial or administrative decision, State Fuid National Codes, Stanc!ards, and Regulations as are in cffect upon the eftective date of this Franc;hi.se or as may hereafter be enactecl, aciopted or j)romulgated. Lf the Grantce fails to comply with its terms and conditiqns, or if the G rantee fails tn epmply with such cha.nges, amen<Iments, modifications, andlor amplifications, fhis Franchise cnay be terminated at any tirnc upon ninety (90) days' written notice to the Grantee to terminate this Franr.hise. Section 57. Forfciture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of dhis franchise, or through willful or unreasonable negligence fails to hced or comply with any notice given GriYntee by the City under the provisions of lhis Prarlchisc, and an adequate opporCunity to cure the viola±ion or non-cornpliance has been given in NvritiiiD to Grantee, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the City alier a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of ils other legal rights and remedies, to obtain an order from the Spokane C;ounty Superior Court compell'tng C'irantee ta comply with the pravisions of this Ordinancc 07- 17raft Cable Franchisc . Page 31 of 34 DRAFf/F'roposed Comcast fnnchise - C. Drisl:ell Franchise and to recover any damages not otherwise addressed by Section 43, along with costs and . ~reasonable attomey f'ees incurred by the City by reason of Grantee's failure to comply. Section 58. Conditions of Salc. I.f a renewal of this rrancliise Agreemcnt is denied or the Franchise Agreement is lawfully tenninated, and the City lawfully acyuires ownership of the cable system or by its actions lawfully e.ffects a transfer of uwnership of the Cable System to another person, any such acquisition or traalsfer shall be at a pric.e determined pursuant to the provisions of the Cable Ac[. Section 59. Assie,nment. This Franchise may not bc assigned or transferrcd without the written approval of t}le City, except that Grantee can assign this Franchise withouC approval of but upon notice to khe City to any pa.rent, aEfiliate or subsidiary of Grantee or to any entily that acquires aIl or substantially all the asseLs or equity of G rantee, by merger, sale, consnlidation or otherwise. Section 60. Acceptance. Not later than thirty days after passage and publication of this Orcli.nance, the Grantee must acccpt dhe Franchise herein by filing with the City Clerk an unconditional «Titten acceptance thereof. Failure of Grantee to so accept this .Eranchise within said periotl of limc shall be deemed a rejection thereof by Grantee, and the righcs and privileges herein grantcd shall, after the expiration of the thirty days period, absolutcly cease, unless the tirne period is extended by ordinanec duly passed for diat purpose. Section fil. Survival. All of the provisions, conditiAns and requirements of Sections: 9(3), 14, 22, 34, 35, 36, 50, 64 of this Franchise shall be in addition to any antl all okFicr obligations and liabilities Granlee rnay have to the C;ity at eoinmon law, by statute, by ordin3nce, or by contract, and shall sur-vive termination of this Franchise, and any renewals or extensions hereof. All of thc pravisions, conditions, regulatinns and require►nents containecl in this rranchise shall further be binding upon the heirs, succe.ssors, executors, acJministrators, legal representatives and assigns of Grantce and City and all ~ privileges, its well as all obligations and liahilities of GranceE shall inure to their respective heirs, successors and assi„ns equally as ifthey were speci.fcally me•ntioned herein. Section 62. Severahilitv. If any section, sentcnce, clause or phrase of tliis Ordinance should be - held to be invalid or unconstiCuCional hy a court of eompctciit jurisdiction, Such im+alidity or unconstitutionality shall not aCfect the validity or consCitutionality of any other scetion, sentence, clause or Phrase of this Urtlinance. Tn the event th3c any of the provisions of the P"rattcliise are held to be invalid by a court of competent• jurisdiction, the City reserves the right to reronsider the g-ant of the Franchise and may amencl, repeal, add, replace or modify nny other provision of the Franehise, or may terniinate the Pranchise. Section 63. Renewal. Any renewal of chis Franchise Agreemcnt shall be governed by and comply wilh dhe provisions of lhe Cable Act (47 U.S.C. § 546), a.s amended. Section 64. Notice. tlny notice or information rcquired or permittcd to be given by or to the parlies under this Fru.nchisc may be sent to the followi.ng addresses unless ot.henwise specified, in wTiting T}ie City: City of Spokane Valley Atitn: City Clerk 11707.6. Spraa e; Suite 106 . Spokane Valley; WA 99206 Grantee: Comcast of 1'ennsylvatiia/WashingtonAN'est Virginia l.:P • Arin: K.en Watts, General ivtanager Phone: Fa.Y: . Ordin:uiee 07- Dmft Cablc Fr;jnchise P.i{;e 32 ot'34 DRAFT/Proposed Comcast franchise - C. L7riskell Seetiun 65. Choice of Law. Any litigation between the City and Grantee arising under or regtt.rcling this Franchise shall occur, if in the state courts, in the Spokane County Superior Caurt, and if in the federal courts, in the United States District Court for the Lastern District of Washinaton. ' Sec.tion 66. \bn-Waiver. The City shall be vested tivith the power Fuid audiority to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of die provisions of dhis Feanchise by mason of any failure of the City to enforce prnmpt compliance; nor dnes the City waive or limit any of its rights under ttiis Franch.ise by rcason of such failure or nealcct. SecNon 67. Lntire ALTreement. This F'ranchise constitutes the entire understanding and agrcemcnt bctwccri qae partics as to the subject matter herein and no odier agreements or understandings, Nvritten or othern•ise, shall be binding upon the parties upen executinn and accepuince hereof. This Prarichise shall also supersede and cancel any previous right or claim of Grantee to occupy the County roads as herein described. Section fi$. Effective I7ate. This Ordinance shall be in full force and effect five days alfer publication oft}ie ordinanee or a summary thereof occurs in the official newspaper of the Cily of Spokane Valley as provided by law. PASSETa by khc City Council this day of 12007. Mayor, Diana 1Uilhite ATTEST: Christine Bainbridge, City Clerk Appruved as lo Form: Office of the City Attorney Datc ofPublication: - Effeclive Date: Accepted by Camcast of Pennsylvania/Washington/lVest Virginiri J.P, By: Ken Watis, Generiil Manater By: Ordinancc 07- Drafl Cable Franchise Pagc 33 of 34 DR.AFT/Proposed Comcast franehise - C. DriskeU The Grantee, Comcast of Yennsylvania/VlrashingtonJR'est Virbinia:- A limited parl.nershiN , company, for itself, and for its successors and assigns, does accept all of.'the terms and conditions of the foregoing franchise. IN NVTTNESS VVHERE,Or, • has signed this day of 12007. Subscribed and sworn before me this _ day of _ 2007. Notary Public in and for the State of Washington, ' residing in My eommission eYpires ~ prdinancc 07- Dratt Cable Franchisc Pagc 34 nf 34 Spokane County I ibrary District -Spokane Valley Libxaxy Sex-vices and District Support ~ Repoxt to the City of Spokane Valley 4th Quarter 2006 GitEATER O : Customer use uleasures Spakane Va11ey Library ended the year with very positive service u.se statistics, includi.ng increases in all areas but referencc, which was ciown sigivficantly less than l•he [7istrict as 1 whole. This is ciue ir► large part to the increased open hou.rs (Friday mo.rni.ngs and Sunday aEternoons). On I7ecetnber 31 there were 38,197 registered cardholders, up 2.2% from year-enci 2005. Argonne Library use was also up ui inost areas. Otis Orchards measures eontinued the downward trend that begim wzth Liberty L,ake's cancellation of its SCLD service contract. Selected 2006 Year-End, Year-to-Date 5tatistics C:irculation I7onr count I2efErence Program Softivare Stafian Inquiries AtEendance $ookings 17I) YC'D to YTD YTD to YTD YTD to YTD YTD to YTT) Y7'Ia to ZOOb 2005 2006 2005 2006 2005 2006 2005 2006 2005 SCLll 11,940,8411 6.7% 1,158,6961 22.756 I 238,0471 - 5.796 I 56,1511 72% 211,5641 15J46 Spo Valley 514.374 4.1% 289,.563 8.6% 81,237 -1.6% 16,231 20.8% 70,770 19.19b ArKonne 114,6641 3.1°6 1 78,531 I- 3.8°u 12,925 5.9% 2,3281 56.7%1 16,435 13.7% I Utis 79,31411 - 8.9°ror 1 56,9291, 21.1`~'0 + 7,613 - 6.4% 2,117 1.4.2% 8,7101 0.2 io Subtotal 708,3521 2.3% I 424,0231 7.59o I 101,775 -1.1% 20,6761 23.2% 95,9651 16 .2% % SCLD 36.5% I - I 36.6% I - I 4.2•8% I - I 36.845 I - I 45•4lo I - ~ Year Lnd 2006 Tlegistered Customers by Brazich vE Regish•ation 2006'1'otal % of YTD Change Adult °/u Youth SCI,17 fi•vm 2005 Total 116,169 - } 4.4% 74.946 25.1% SCLD I Spo Valley ~ 38,197 32.9% I + Z.2ro 76.7% I 23.3% I Argonne 10,2591 8.8% I + 3.0% 77.7 %a ~ 22.9% I Qris 5,747 4.94F, - 0_9°l0 68.3°' ~ 31.736 I Subtotal 54,2031 46.7% + 2.0 ro - 4rd quarter activiiy highlights at Greater Spokane Valley bzanches Spoka,ie Valley Libra.nj l?rograms affered included sereenings of several movies:.Haurzd of tlte F3askerviIlzs, l-riday Nighf Light., Peter Pan, A Clr.risttnns Story, and 7`lze PoIar Express, wik]i the Spokane Valley rricnds doing a booming popcorn business each tune. There were also fotir Coniputer 8asics classes with a iotal Page 1 of 7 attendancc af 23. 80 5th and 6th graders fronl SuiriYn.it School visiteci to do research on the IZevolutionary War; and. Pioneer School's 1si and 2nd graders clid library research on pioneers. Storytimes and After School Specials were tiTell attended as usual. Youth services supervisor Mary Ellen Braks spoke to 75 parents at rhe East Valley's 1Zeady for Kindergarten program to eneoiuage parents to bring their childr2n to d1e library. The i.n.Formation Macy Ellen brought from the libra.ry on early Iiteracy, libraxy hpars, and library card applications was snapped right up. Argonne LiUrary Argoa-me hosted a group of 19 stiude.nts From Pasadena Park Elementary, wha had arranged to stvp and tour the library as pa.rl• of a day-long "Gettiitg to Know the Community" program. They cane back in later and presented a thank-you book they'd made. One little girl wrote "I enjoy library becavse there are books, stuff to do and nice people Iike you! Your l.ibrary is the place to go." Pasadena Ilark E(enlentary also supplied :November a.rtwork hanori.ng veteians. Included_ rvas a postcr-size flag with the stripes made up of students' handprints and letters af khaitks from the children to the vets. Decernber art featured hamemade Christnlas cards and was provided by 4Vest Valley 5chool District's Contract-Bascd Educat-ion and Centennial Midd_le School. Fivc, new brightly-colored wooden chairs arrived fo.r the children's area, part o.f khe ongoing branch "redecoraU:ng." - Otis Orc{tards r ibrarJ An East Farms Elementary classroom sent Otis Orchards Library a Flat Stan1Ey, a traveling c.haxacter i,n a children's book, and with it a brie( queslionnaire 3bout the library. $taff uicluded a picture of themsElves witYi Flat Sta7iaey and sent it back to school. An ECEAP class in Otis Elenlentary broughC i.n arizvork, displayEd in the picture book area, based on the c.hildren's book ~ "Go Away Big Green Monster." A1so courtesy of East Valley School District, the hEdge along the south property linc became a registered geocache site (1-vitiiv.geocaching.eom) where geocachers can go online lo get coordinates for caches all over the world. At least 15 visitors had ]ogged-in by thc end_ o.E 17ecember. A major rearrangemenl oI furnirure and book coIlecHons was coiiipleted in December to provid.e a more open feeling and lo better position thc infarmation clesk. All public computer stations %vere cea-itralized, several book collections were also moved to new and Uet:ter localions and adtilt C17s and videos were placed on-spec:ial a-v shElving and large pru-ih expanded by a third. Customer feedback has bee.n pvsitive. Greater Spokane Valley Fricnds of the Library: Spokcttze Vnlley: Tl1e rriends hEld a successfitl arid. ver~~ ivell organized boak sa.le khat received rave reviews from shoppers on how nice it was l-o have things scparated by cat•egory as well as the - wonderlul selectioii. 7'l1e Friends also piuchased refreshments far the December regional aIl-staff mEeting and sol.d popcorn at the movie scries. Spokane Vallcy Library project The Iriteg'rus tarch.itecl•ure predesign contract was sigiizd, aprelinlinary pre-clesign sehedule showing tasks and target cornpletion dates was prepared, and Tnte~-us architeets met vvith Ellen Miller and her regional supervisors to discuss devElopment of the detailed building program for . the newlibrary. Lntegrus wQrked with staff throughout the fall on building program requirecneairs and space allocation, i.nclud'uig di#ferentiating what's judged to be necessary from whal's judged to be "niee to have." Thc projecl• task Force met vnce for an upciare on the status of building pragranz developmenti. t1l• that point the brainstorcning wish list computed to about 71,000 g'ross square fEet of space, about . Page 2 of 7 51,000 of which is functional[y assignable. The reniainder is estimated for corridors, mechanical rooms, etc. for a 72% efficiency rate, which is relatively high (notc: high is gaod)_ l3esides the consti-uction of a new library, the Spokane Va11.ey Library project includes tl-ie event~ual sale of the cu.r.rent facility. So that we have a general idea af its market value, the building was appraiseti by Auble, ]olicoeur & GEntry. Their estimate is $1,520,000 and their analysis u-idicated that the building has been well mai'ntained and has no deferred inai:ntenance issues. DISTRICT-WID B, R SERVICES Custotner use measut-es Overall, 2006 was a very positive year for use of Spokane Cou.nty Library District services. 1'he winxiing combinadon of increased apen hours, a new branch, and continued great customFr serviCe resultecl in record or near-recoxd use for mast scrvices. Most natable was a 7% increase froni 2005 in materials circulation, a 23% increase in the door count, a 16°ro ulcrease in sofitivare station bookings, and a 7% uicrease in p.rogtam attendance, even though the number of prAg,rair5 offered was down 6%. Web site use increases ivere in the 29°,6 ranp,,e. IZefexence inquu-ies, however, ,arere off 6% frorn 2005. The number o.f registered borrowers on Deceinber 31 was 1.16,169, up 4% over the same date uz 2005. T_ibrary resources Ti1e year-to-datF nlaterials collection inc,rease was 9,546 print and nonprint itenzs. The year-end collection size was 406,417, with 141,094 different titles represented. Year-to-date, 70,705 pri.nt and nonprint materials were added and. 61,159 rvithtlraivn. Adult sczvices Progranrs: Spoknrie Ts lreadirig was a resoiuiding success with 150 people attending a slanding- room-only presentation by author Laurie ]7_ Ki.ng at North Spokane in October and an enthusiastic crowd of 165 attending the evening presentatipn at• the Masoluc 1'emple. 7'he popalar Tea & Mysteries program was adapted to fit with :I7te Beekeeper's Apprentice theme and presejited at seven branehES with an average attendanr.e of about 8, and inciividual program aftendance ranging fr.otn a low of six to a high of 24. A1s4 u1 honor nf Tpre Beekeeper'stlppretitice, the For tlre Lavt of Mnvies series screened Ho7.rnd of flie Bcrskeruilies 1t Spokane Valley a n d 1~roran Prairie. Cvnr.puter l3asics was presented twice at Spokane Valley and once al• 1.7eer Park. Web Basics was o[fered dt rairfield Informrttioti Seivices: Hiring and trainicig addikional staff was a focus. Interlibrary Loan procedures were adjusted ar►d staff trained to ulcrease efficietlcy in requests. A fraining piecE was written for the oailine catalog-an excellent training taol for current anc{ new staff. Collectioris: `I'he entire adult book eollection was weeded this yeax. f111 i.n.forination stafE members wexe involved :i.n recommencling replacements and enhailcements to our maierials. Rcferencc and rriagazine weeding was the focus uz December. Outreac.h: Outreach seevice in.fo.rmational lettcrs were sent tn unserved adult boarding homes, group hames and nursi:ng facilil•ies and Confirmation of Service Ag-reenle.nt letters were sent to currently served facilities. TNvo adult facility visits were rescheduled in Ueceinber to avoid conflicts with pIan.ned holiday activities; both sites were very pleased we cou.lct acconunodate • their requests-and their resicients werp thrilled they didn't have L•o miss out on the.ir library visit for the month. I'age 3 of 7 Youth Services Progrnnuning: After School SpeGials were held monthly at all 10 bra.nches with "Slightly Spooky _ Staries" in October, "L,i.brary Leftovcrs" November, and a reader's theater story "The Queen With t]Ze Cold, Cold T-iear.t" in December. Tol'al attendance was 597. There were n1,o showings of Peter Prcn, one at Spal:ane Valley and one at Deer Par.k, for a total of 19 cusl•omers. We showed 2 Holiday Movies, :r1ze Palcrr Express a_nd A Christmas StonJ, at four branches with 38 peopJe attending. Storyticnes continueci at all 10 branches every week thrnugh December 15, with a facu.s on thc Early i,iteracy SkiIls of "PhonQlagical Awareness" and "'Narraiive Skil.ls." One of t}te ways story presenters ineorporate phonological awareness is through song, and many of our staff do on a regular basis. VVe were i,nviled to help KI IC7 TVi celebrate the 10th ann.iversary af Stt.ccess by 6 this month. 411 air personalities fi-om KHQ were guest starytime readers at North Spokane, Spakane Valley, and Maran Prairie. iNews photographers aceompaiupd them, and every child received a copy of eithcr 7'1ce Srcowy DttJ or Skippy Jort fones. CollecNotTS: The collection focus for much of the fall. was piCture books. In each branch, that part o.E the collection was evaluatPd, nlaterials were i-vithdrawn due to condition, replacements were ordered, and rnany t-ihles Found nEw homes i.n a different branch. OiitrEach: Xouth Services staff provided 80 slorytinles at daycares district-wide during the quarker. '1 his uicluded hvo new (to us) ECEAPs in the north at FanaTell and Evergreen, and four tiew chi1dc3rES in the Spokane Valley area. Corrisrcurtii-y: SCT.O's ttivo youth services supervisors attended the I7eeember. Born Learning Initiakive tneeting,, learning about several differFnt resources for. parents about early learn,uig that cauld be distriUutecl to pareni:s at storytimes once or tvvice a year, and some wou.Id be excellent to isiclude u1 our Preschool 13ook 13ags as a rESaurce to paxents anci childcare providers. They also discusseci same upcorna,ng con~niunit), events where d1e library might warlt to be represented. Another eommtinity Contact was a mecti.ng of Spokane's Pramisc Lead.eKShip Council, part of the Chase Youth Co.mnussion. Thc main focus .is A1-ilerica's Promise tivhach i»cludes the five proxilises to youth - caring adult~G, sa.fe places, a healttly start, effect;ve education and opportunities to help otllers. It was an exce[lent opporhulity ta meet other people u1 the eom.mu.n.ity tl1at put a focus on you th. DISTRICT AD • Board of Trustees Spokane Valley resident Mary Lloyd was appoinked to fill tl1e reniainder of David Sani s tErm. Her appointment will be effecl-ivP January 1, with an ej1d date of December 31, 2008. TrusteE Jake Laete was reappointed to a second term by the Baarcl of County ConlanissionErs. 2007 Uudget BudgetapprovaI Made possible by thc successful levy lid lift proposal, tihe 2007 budpet appraved in Uecember includes increasecl hours at 9 branches, funding far adcliHonal au.dio-visual materials, fundistg for the additioz-i af downloadable digital audiobooks, and increased Internet bandwidth for faster response tame on public access c01-11Puters. Budgeted revenue and transfers in totals $9,437,189; bu.dgeted expenses and transfers aut total $9,395,590. Capital Expendihires for data processing harclware and software total $219,800; Pagc 4 of 7 $54,910 is budgeted for branch ftunihue, fixhires, a.nd equipment; anci matei-ials are at ar1 all-ticne }Zigh of $1.1 nullion. The estimated enda.ng undesignated unrestricted fu.nd balance is $1,248,807. 2007 staffzrrg increases Plans ivere fi.nalizEd far tl1e very complEx, staged process for 2007 shaffing i.ncreases. It's complex because iYs acom.butation of increased cvark schecitdes for some current sta.fF, trans.fers and/or promotions of current sta(f. (creating a do-wiisrreaan dommino effect), and retrtutrnent of a variety of new staFf. Current vacancies will. be filleci E1SAP; "inai.ntena.nce" positions by january 1, and 'ulcreaseci hours positions by February 7. Leaving a month for trai.ni.ng, the expanded open hours will take effect Mareh 1. Qrgani_zational structure report ThP Fi.nal report on the SCLD organizat7onal struchue rcview was received and enade available on the staff u-itraYiet on I\~ovember 1, along witli iny cominents on recommenciation implenlentation. Moran Prairie Lzbrar.y project closeout With final puncll tisl ilPr.i-ts resolved and sonle projects comp[eted, the ikToran Pra.irie Library project was closed aut. The 13oazd of Cotu►ty Conunissioners actina, as the M'1'L.CFA Board approved a revision of the 2006 project budget to allow a transfer of approximately $70,000 u1 unused funds l•o the i7ebtService Fund, as well as the 2007 bu.dget for the Debt5ervice Ftu►d anci the rcquired praperty tax levy certification. Non-resident fee A 13oaxd resolution appraved 'u11999 establishes the formula for Calculating the annual fee for a non-resident library c:axd. The fee is calculated by dividing the tota] property xa.x l.evy, ta:Yes pa.id a.n lieu of property taxes, and city cont7act fees by the nurnbEr of hauseholds in SCLD's servic,e area. '1`he skate Office of Financial ManageiTienh est•imates Ciry and county households eaeh year along with populahio.n. For at least die past tf1ree years, the fee has been $80 per household. Nexl• year due t•o l]iP approval af the lEvy lid lift, it will Jump ta $95. Ballot return boxes VVe've agreed l•o the Elections Office requesr that they i.nsta_ll per.manent ballot collection baxes outside aIl Qf our branches for use duruzg elections. Elections office sla.ff..meEwi.th branch services managers to deherm,ine suitable locations and the type to be ordered. Several cvere originally to have been u1 place in time for the February special election, but apparently there wEren't the Uallot proposition filings that ivere expected, so there's no longer such a dgl,t deadline. Statewide libra.ry planning Lnv.ita#ions havc been sent by the Washi.ngton State Library to a variety af inenlbers of the library conununily to attend a February meetuig un Spokane to provid.e input that will be used to develop the next five year shateivid.e p1.an required for Library Services and Tech.nology Ach funding. Two SCLD staff, a trustee, and an SCT D customer will be attenciing. Under construction on Scld.org Seve.r.a:l Web site adcliHons were at varivus stages oE pla.cuiing• and unplementatian. • Tr.ustee infumlation: A redesigned page tklat i.ctcludes T'rustee biogrdphies and photas is scheduled to go live taciay. • 2007 Strategic Plan: Goals and objectives approved for the extension of the 2004-2006 Strategic Plan into 2007 will be added by the end of the year. • Online library card regist-ration: an i.nternal site is up to test online librc-uy card registration. TmplenzcntaEion is plattned for next year, but no specific clate has yet bEen established. I'age 5 of 7 • Staff picks: A prototype page as beiiig developed for a nPw StafF Picks steti.on thal• wi11 feature individual staff inembers' rEading/listen.i.ng/viewing favorites, along with a photo and i.nfA about thecr. DiSTRICT • Collection Services • Ordered 3,071 kikies and 20,915 copies duritig the 4:th quarter; processed and sent aut 17,182 iteins to branches. • l3ook display themes were Spob»e Is .Readirtg(October), with web bookt.ist titled "Victorian Novels" featuring books ~-vritten at the same time Arttur Conan Doyle tiTas writing tlte Sherlock Holmes novels; Noveiraber is Eiviation Histony Mantli (November) T'd Rather be Flying" feaharing novcls dcaling with fligtlt; DeceniGer: Conrforf. Food. • WASL study guides were acquired far every grade. • As of Naveinber 1, all DEX phone book standi.ng orders ceased, with any future ones to be ordered uzdividually. We cu_rrenkly pay 53,585 (not incliiding shi.pping) for phone Uooks, and that may be whittled down l-o ten of the top useci titles and. putti,ng a lu-tlc to the freE DLX online product o.ri our "Directories" web pick. • Sever.al material fonnat desif gnaEions in the catalog werP changed to more in.formakive tiaytles: VIDEORECORDING to cither TDVD or VHS and SOUND RECORDIiNG for recordPd books tv Eithcr BOOKS O\7 CIa, BOqCCS ON CASSETTE, or BOOKS ON iVl'I'3 CD. Communications • Updated/rewrote se.rvec public u-formatinn picces: the outreach brochure, homebouncl br.ochure, hiternet safet}, and responsibilities broehuee, volunteer Urochtire, serv.ices to non- rESidents, ancl REading for Fi,ne Forgiveness. ~ • Drafted Spoluttte Is Rzadirig author introduction ta]king po'tnts; pai•ticipattd in progra.m (including escorting and dinner with author, eventi day set-up and tear down); providing f.ollow-up and summary for author's publicist. • Coordinated KI-IQ's Success 13y 6 proi7lo filniing at Spokane Valley, Moran Prairie and North Spokane and attended Livo; coordnzated ar►el attencled Boa.rd chair Ann Apperson's live-to-tape intenriEw with Canlcast's Loca] Edirion. • Met wikh Spokane Public LiUrary to rcvicw and u.pdate reciproc:ity cnarketing opportunities; -orffl be rewriting jbint marketiilg rnatexials. Human Resources • Reet•u:itment, intervicwingand selection activiries were in hill swing for several vacant positians, as well as t:hose khaE will be added in 2007: 3 librarians, 2 pages, and 2public services clerks were hired; rFCruitnlent was uride.r.way for 3 circulation clerks anci 4 information specialist pasitinns. • A Safei), and Healttt blog is up and run.ni.ng an the sfafl intTaitet. • Open Enrollment for 2007 insu.rance beneFits was campleted. • HR nlanagcr Paul Eichenberg attend.ed the lasr tiNCIF/WCIP Board meet-i.ng for the year-his last as presidenE. • Fi.nal total for 2006 United bVay conlribuhions was $8,576 up $1,059 from 2005. Cnformatio7i Technology • 13 new ToshiUa copiers were installed i.n 17ecember; all of them network-ready for potenrial future use for customer prinl-ing. • Wo.Kk is progressi.ng on an qnline patron regislYation service for the Website, inchiding SSL certi.Eicates. Page 6 of 7 • ALmast all telephor.le Line changes werc accomplished along with sh•eani]_ining the cell phane contraets. Cambined cl-tanges allowed us t•o r.ut $9,000 from the telephone budget and rnovc it to the dafia side. • Data circuit proposals received from four vendors ivere received and a.r►alyzed. (7%vest provided the best propasal and was selected. There'll be a very significant increase i.n Uandwidkh between branches anci thE computer center, and in aur Internet connection. Finance, FaciliHes, Purchasing • A hit-and-run driver demolished one of l•]le rei.n.fo.rced concrete light slaridards oa-i khe soukli side of the Argonne buildulg. The repair cost was 56,500, with $1,000 being the districrs deductible. Teniporary lighting was installed untiI the replacement arrived in early Deceniber. • `1'he Argonne I-IVAC cdntrol system replacement pr4ject was cAmpleted, with thc pneumatic controLs replaceti by an electronic systeni that can be monitored and operated vic the Web. • rinancial in.fo.rmahon reqtiured for the sale of 2007 Tax AnticipaHon Notes was completed. • Work on the 2007 budoet was coinpleted. o1/1s/a7 mJW ~ T'a ge 7 of 7 , ~ ~~~,~iy,~'; ;7~ ~~.n- t ~ .~,~~c-~,S r r... p,~.,~y-~- .,y ~r~' ` --"tw •r-j .Y✓- "T~t~_ • _ 'i j ~`-'c :~~+.a'l~+tt k ~ , ~i\ :x~'~~l~~~yl ~'y~~ '~~'rr,'i'. ~.~i ' . ~ E ' ' t 1 'i ``rv ,~--r~" yt'; ~ .y°~ ~ i ~ 1S~J t,-z--~..=~ ~ ;:n < ~r _ , c ; ~ ~ ' w_ ~ Tf p r'-'-' `•.'~K ~ - I1-ei--~ ~cr•~~ 1l j ~ 1{ ~ I / i) ~ Fa" ~ f ' "'7 ' . 47 ~ ,p•~ ) a:s t~l, ~ L'4 4s ~ y~~ ' + ~p t . • ~ i ; t ; • i af L s ,~'i~► ~1' ~S 'ih-` / i'!, ~ _ y S~' ~ Q?~+ 1✓ "~~i~t.~1~ :1 J 6/~'~' I"' 1 ~ ~,~~~^t~ y,• 1S ~,Yr i~ir.~c 1~~ _.~r~a++~iT£~~'- . ~ ~ - ..5,.--~'"`-. _ ~r~i Fi.::c.:s..'~ i.1'..=.: . -,F ' ' i1 . YR ~'~~/a.- T".~,'.~ / ~ ~ . ` 1 • . ~~d K6~~.1~' 1.. r{'f~'i~,• ~ ~ . ~s ~ . r. • 1A ' ~ t,~ ~ ' ~ 1 ~ . ♦ _ S, F i , c~.,.. '~,y c_ . . ; wt~t~... :;.o a..l-... ~ ' . _ , , ~ ~ 2006 Overview An Overv'ew. • 63.6% 1St Time Attendees • 91% ntend to Attend in '07 • 34% Attended due to Loggingfest • 91 % Perceived Event as "Exce ent" or "Good" •$49,000 Non-Resident Economic mpact • Average 2.07 Day Stay for Non-Residents • Estimated 32,000+ in Attendance! ~ ~ S 2006 New to • Loggingfest . • Comcast Cinema in the Park • mproved STA Shutt e Service _ • ncreased Community nvo vement • C assic Car Show • m p roved Web Site • nvestment Not restricted to TV • Uti ization of Center P ace (Art of Go d, etc) 2006 Marketing Overview $15,000 nvestment =$27,000 Va ue - Va ue added commercia air time _ - No charge sponsorships/bi boards - Community ca endar istings - N ews cove rag e • mproved.Web Site • New Rack Card Program • ncreased Cross Promotiona Activity ~ ~ nt D■striuti-o n : vestme Medna- n • B !_V: $81182.00 • CAB-E -V: $11558.00 • RAD a: $41460.00 • PRODUC' ON/REMO'ES: $ 800-00 ~ota nvestment: $15,000-00 Media Share Allocations: • BROADCAST TV: $8,182.00 ~ RADIO: $4,460.00 KREM 2 CBS -5% KXLY FM -35% KSKN 22 CW -7% KXLY AM -12°/a KXLY 4 ABC -22% KDRK FM .-12% KHQ NBC 6 -42% KEYF FM -18% KAYU 28 FOX -15% KZBD FM -23% KCYU+ FOX -9% - (YAKIMA/TRI CITIES) ~ CABLE TV; $13558.00 • PRODUCTION/ $ 800.00 COMCAST -100% LIVE REIUIOTES NWCN (FREE) -0% *All station/media shares determined by over cost efficiencies in reaching target audience, cost per :30/:60 commercial, and total value-added contributions. Available inventory during Fall 2006 Political Window was also a major factor. ~ Contr'butions: Added Value Each Media Partner was asked to include a Value-Added Offer (FREE) that totaled a minimurn of 15% our expenditure with them. With an investment of $15,000, the total Value-Added portion would total $2,250 creating a Total Schedule Value of $17,250. Actual Value-Added contributions exceeded $11,900-or 55%--creating a Total Schedule Value of nearly $27,000 from an initial expenditure of $15,000. Value-Added Endeavors Included: • No-Charge :30/:60 Commercial Runs • News Billboards & Sponsorships • Free Media Web Site Listings • Discounted Production Services • Special Community Service Announcements *Value Added totais cafculated on conservative average rate card vaiue for all no-charge contributions from media (all Media Affidavits available upon request. _ . r ~ ~ , ~ ~ - ~ . . - ~ ~ . _ h ~ ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 6, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business [l new business ❑ public hearing ZJ informaEion ❑ admin. rzport ❑ pending legislation AGENDA ITEM TITLE: SRTC 2007 Call for Projects - Federal Transit Administration Section 5307 Funding GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: n/a BACKGROUND: The SRTC issued another Call for Projects for the expenditure of Federal Transit Administration Section 5307 funds. Proposed projects must be primarily related to public transportation purposes in the Spokane Urbanized Area to qualify for funding. The amount of funds availal;L~ for projects is estimated to be $20-million and will be available for the Federal Fiscal Year AX 2011. Attached is a copy of the SRTC memo announcing the Call for Projects, the scoring criteria, and a sample project application. . ' We will bring to Council for approval a list of projects for consideration in accordance with the following schedule: • First Touch - February 6'", this Informational RCA • Second Touch - February 20'h Study Session - Administrative Report w/ potential list of projects • Third Touch - February 27, Regular Meeting - Motion to approve final list of project . applications The project applications are due to SRTC by 4:30 pm Friday, March 2nd OPTIONS: n/a RECOMMENDED ACTION OR MOTION: Information Only BUDGET/FINANCIAL IMPACTS: n!a • STAFF CONTACT: Neil Kersten, Steve Worley i4TTACHMENTS SRTC Call for Projects memo, scoring criteria, sample project application . ~ SRTC Spokane Regioiial Transportatton Council . 221 W. First Avenue, Suite 310 SpoLane, WA 99201-3613 ~ 509/343-6370 FAX: S09/343-6400 MEMORANDUM TO: Eligible Jurisdictions and Agencies FROM: Glenn Miles, Transportation i1/lanager DATE: January 17, 2007 SUBJECT: 2007 Call for Projects using Federal Transit Administration Section 5307 Funding for the Spokane Urbanized Area (2008-2011) Spofcane Regional Transportation Councal (SRTC) is announcing a Call for Projects that proposes to use Federal Transit Administration Section 5307 funds. The amount of funds available for projects is estimated to be $20 million for the FFY 2008-2011 funding cycle. ' Proiect Eliqibilit v.~ Proposed projects must be primarily related to public transportation purpases in the Spokane Urbanized Area. Projects lacking a functional proximity or improved access to public transportation services or facilities will not be eligible. Application Forms: Attached are blank application forms, which can also be obtained on our website at www.srtc.orq or can be emailed to you upan request to LLdVh(~srtc.orq. All applications must be sent to SRTC in both harcl copy (1 copy only) and in pctf format. Scorinq Process and Points: . Projects will be reviewed by the SRTC staff far completeness and consistency with the Metropolitan Transportation Plan (MTP). Projects will then be initially scored by the SRTC then submitted to the Transportation Technical Committee (TTC) for review. Scoring will be based on the infonnation provided and the adopted scoring criteria. The TTC's review and proposed prioritization will then be submitted to the SRTC Board for cansideration during its prioritization and selection of projects. .The criteria forrns that will be used to assess the proposed projects are available on the SRTC website at wvAv.srtc.orq or can be emailed by request to 'u~dyh(@srtc.orq. . ~ Proiect Prioritization and Se/ection: . The Section 5307 project prioritization timeline is outlined below. The timeline allows the SRTC Board to consider and approve the program of projects at their April 12, 2007 meeting so that local jurisdictions can include these projects into their six-year road programs, which are completed at the end of June. Ta accommadate the project timeline and due to conference room availability, a regular meeting of the TTC has been scheduled for WednesdaY, March 21, 2007 from 1:30 to . 4:30 pm. The purpose of this meeting is to review the technical scoring, review public comments that have been received and recommend a priority array of projects to the SRTC Board. To assist TfC members with the review process of the projects being consiclered, copies of the project applications, initial scoring and scoring criteria will be sent to members in advance of the March 2153 meeting. . • Consistent with adapted SRTC Board Policy, projects selected for funding must achieve certification of rights of way and construction/implementation obligation within 18 months from date of project constn.ictionJimplementation as it appears in the TIP. Secfion 5307 Proiect Prioritization Timeline January 16, 2007 Announcement of the Cal► for Projects • February 7, 2007 Applicants' Workshop March 2, 2007 Project Applications Due to SRTC (by 4:30 pm) • March 3-7, 2007 Copies of submitted applications mailed to TTC members Public Review Period ' Projects Reviewed for Eligibility March 21, 2007 TTC meeting to review technical scoring of Section 5307 project applications and public comments received April 4, 2007 Preparatian and mailing for SRTC Baard Meeting April 12, 2007 SRTC Board Meeting . April 13, 2007 SRTC notifies successful applicants and initiates TIPlSTIP Amendment Process SECTION 5307 SCORING CRITERIA SUMMARY FFY 2008-2011 January 17, 2007 *PAVEMENT CONDITION Maxrmurn 25points Are major or minor improvemenfs needed for fhe existing pavement? ABILITY TO ADVANCE Maximum 5 points When will the design, perrnitting, and rrght-of-way acquisition phases be completed? . *SAFETY IMPROVEMENT ..................................................Maximum 15 points Does the projecf improve or prevent a known transit-related safety problem (e.g. access, sidewalks, shoulder etc.)? ALTERNATIVE MODES...................................................Maxrmum 15 points Does the project supporf alternafives such as pedestrian, bicycle, and/or high occupancy vehicles in additron to transit? ~ ABOVE AND BEYOND A MINIMUM ROAD IMPROVEMENT...Maximum 5 points Is the profect in accordance tivith LAG manual dESign standards? *PROPOSED DESIGN LIFE ..................................................Maxrmum 10 points *FREQUENCY OF TRANSIT SERVICE ..................................Maximum 15 points Mow many transit routeslrrders does the profect benefrt? PROJECT COORDINATION ..............................................Maximum 5 points Does the project rnclude coordination bQfween agencies? • LOCAL MATCH .............................................................Maximum 5 points Is thE local commifinenf higher fhan the 20% minimum of the total project budget? - MAXJMUM TOTAL PO/NTS = 100 *Address in project description (if applicable). Remainder of questions are addressed in other locations in application. . 5307/critcria Spokane Regional Transportation Council 2007 FTA Section 5307 Funds (FFY 2008-2011) PROJECT APPLICATION Project Name: Jurisdiction: Federal Request (Sec. 5307): Total Project Cost: Section 5307 funds are to be used far projects pRmarily related to public transportation purposes in the Spokane Urbaniz2d Area. Ttyey must have a functional proximity or improved access to a public transportation services or facilities to be elogible. Has this projecf been prioritized previously and if so, when? ~licant Organization Contact Person: Title: Address: Telephone: Fax: Email: Lead Agency: Co-Applicants (if applicable): Non- Certification Acceptance Agency (CA), identify CA Agency expected to provide assistance: Pro ject Locafion Project Description: Explain projecf, indicafe the major work involved, compare existing and proposed condrtions, etc. Attachments (include vicinity map) ~ Cost Summary Matchinq Funds Summary (minimum match required is 20 Total Project Cost: $ FTA Section 5307 Funds $ % Other Federal Funds $ % State Funds" . $ % Local Agency Funds'' $ % Private Funds** $ % Other** $ % Total $ % ~ "Eligible Match ~ Can be eligible match under selected conditions Answer items 1 through 9 when applicable. 1. Describe the commitment of matching funds and other funds or the status of obtaining the proposed matching funds. Matching funds must be available at time of fund obligation. 2. Preliminary Engineering/Design Total FTA Cost: $ Total Project Cost: $ Start Date: End Date: Status: . ~ 2 3. Right-of-Way Acquisition Required: Yes No Total FTA Cost : $ Start Date: End Date: Status: 4. Construction/lmplementation Total FTA Cost: Total Project Cost: $ Start Date: End Date: Status: 5. Describe the extent to which the project has been reviewed and approved by the Local Jurisdictions and the State. Identify public meetings, environmental review, legislative actions, supporting organizations, inclusion in tfie agency's adopted plan, etc. 6. Describe how or why the project relates to the transportation system and existing transit route. Projects must be primarily related to public transportation purposes. Projects lacking a functional proximity or improved linkage to a public transportation service or facility are not eligible. 7. Describe how the project meets the adopted FTA Section 5307 criteria. 3 8. Are there any circumstances that could delay this project and/or are there any critical times n associated with this application (e.g., right-of-way acquisition, environmental, functional classification documentation, or other funds needed to match other applications)? ~ Y 9. Is this project consistent with the adopted Metropolitan Transportation Plan? I certify this application has been reviewed by the governing body of this agency/jurisdiction, and has been approved for submission to the Spokane Regional Transportation Council. I further certify this project, if selected, will reach the construction/implementation obligation within 18 months from the initial obligation, or a lapse in project funding will be imposed. LEAD AGENCY: ~ . BY: Mayor/Commissioner DATE: ~ 4 S#6Kane Val..ley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 119206 509.921.1000 ♦ Fax: 509.921.1008 ~ cityhallQspakanevalley.org Informational Memo Date: February 6, 2007 To: City Council From: Neil Kersten, Public Works Director Steve Worley, Senior Capital Projects Engineer Cc: Dave Mercier, Nina Regor Re: 2007 Sewer Paveback Program Spokane County's 2007 Scpiic Tank Flimination Prograzn uicludes thrce projects within the City of Spokaiie Valley: Grandview Acres: This basin includes the area north of 1 airview Avenue and south of the Spokane River between F3utler Road to the wcst and Pines Road to the east. . rrenhvood: I fiis project cncampa.SSes the ar-ea north of Trent Avcnuc aiid south af Wellesley Avenue behween Plante's Fen-y Park to the west and ,vergreen Road to the east. Spaldings: This project is located an tlie east side of Spalding Auta Parts. Tndiana Avenue west of Montgorncry r'1venue is the dnly strzet that remains without sewe.r in this basin. Tlie designs of the Grandview Acres and Trentxvood projects arc 50% complete. The Spald'ulgs project is 80"/o complctc. Pavehack casts which detennine the city's cost co provide full-vvidth paving ancl drainage irnprovements for the three scwer basins are summarized below: City of Spukane Valley Shfire • 2007 Estimated Roacl & Drainage Im rovcment Costs Estimated ' o -d D . 11 Projects Improvei-nent Costs provement Costs E stimated Total Costs $ 1,19A;8SA900,000 $200,000 The City also applicd far CDBG funds and was successful in obtaining a preluiunary rzcommendation in the aziioturt of $62,954 to assist with full-width paving costs asseciated with the Grandview Acres project. .The CDI3G funds are only available for a portion of the Graudview Acres project arca; specifically the por.tion north of Trcnt Avenue. Final approval of the CllBG ftinds is not expected until the begiiuiing of March. Informational Nlemn 2/6/2007 2007 Sewer Paveback Prograin Page 2 As was done last year, Spokane Couiity vvill bid the tliree projccts with an altcrnate bid schedule; one schedule with trenching and asphalt patching, anotlier schcdule .vith full-width pavins. The dif.ference ui bids between these hvo schedules reflects tlle City's costs. This approach allows us to talce advantage of credits that Spokane County would typically pay for on a trench/patch project. 1'hese credits include pavement sawcutting, crack sealing, and pavcment surface sealing. Attached is a drail Vlemorandum of Understanciing (MOU) regarduig t,he City of Spokane Valley's reimbursement to the county for our share of ttie paving and drainage costs. We will be bringuig a final MOU to Council for approval in the near future. Please let us k.now if you have any queslions or comments. ~ ~ DRAFT Memorandum of Understanding Behveen the Gity of Spokane Valley and Spokane County Pavement Replaccment CusY Sharing and Urainage Lnprovcnient Cnsts For the 2007 Sewer Construction Program W'f-LEK6AS the City qf Spokane Valley (the CI'CY) ancl Spokarie County (the COUN'1'Y) desire lo work collaboratively ro conslruct porcions of the COUiN1'Y's 2007 Sewer Construction Program together with CITY paving and draiiiage impi-ovenlent projects; and WHEREt1S the CITY desires that the roads impaccecl by the construction of sewers in the 2007 Sewer Consixiaetiqn Pmgratn be reconstrueteci to lhe full preeonstructiAn widtll for an improved roadwiiy surface;and WI-ICREAS the CI`1'Y also cfesires that pavement replacement work be extended in some areas beyrond the limits of scwcr construction; and WT-T.i?,RE AS the CITY also desires t6at eertain drainage improvements be constructed in areas that will be inlpacted by the COITNTY's 2007 Sewer Construction Program; and WI-IEFtEAS the costs nf such full wiclkh repaving, additional length of road reconstruction; Eir►d miscellaneous drainaae improvements are not fiinded by the COLINTY's Sewer Const.ruction Program, and said costs will need tn bE paid by the CITY; ajid \NrHEREAS the 2007 Sewer Construction 1'rogram includes the Grandview Acres, Trentwood and Spaldings Scwcr Projects within the limits of the CITY, as identified in the COUNTY's adopted Six-Year Sewer Capital Improvement Program 2007-2012. NOW THEREFORE, the C.ITY and the CbUN`CY do hereby agree as follows: 1. Yrior to the bid nf each project, the COUNTY shall provide the C1TY Nvith a set nf projeet plans, together with cost estimates indicating the c;x[enc of pavcmen2 removal and replacement to ve paid for by the COUNTY as a part of the sewer project. The CI'I°Y shall review the plans and estimate, and shall advise the COLTNTY regarding the extent to which the CITY desires to aclcl pavement rernoval and replacement, as wcll as the specific drainage improvements that the CITY would like to make in cpnjunction with the project. 2. Thc COUNTY shail prepare bid documents that include the aclditional work thal' is requcsted by the CiTY. The C1TY may request that the COUNTY include a Base 13id Schedule and an Alternate Bid Schedule in the bid documents to allow for a more aceurate determination of the true cost impact of the additional Nvork reyijested by the C1TY. 3. Afler the bids for a project are opened; the CO[J~'1'Y shall prepare the bid tabulation and provide a copy to the CITY on the day of the bid, together with a c;alculation of the CITY's estimatecl share of'the prnjec;t c;osl based upon the unit prices submitted by the !ow bidder. If the C.1TX then decides to proceed with the ciesi.red irnprqvements, the C1TY shall provicle a wririen notice to the COINTY within three days of the reccipt of the bid tabulation. ivicrnorandum of Understanding Pavement Rcplaccmem Cost Sharing Page l of 2 DRAFT 4. The CITY's maximum cost for the three projects sha!l not exceed $ without written authorization by the CT1'Y. The COUN"1'Y shall not proceed wit.h any work that would increase I.he ° CI1'Y's cast to an amount greater ihan the total amount authorized. The est:imated CITY cos~s are presenled in Table 1 below. The CITY anci the COUNTY recogiize that this estimat.ed total cost is for planning purposes, and that the actual amount will be based upon final quantities and actual contract prices. 5. If the CITY Subsequently elects to make additions to the scope ofthe project, the CITY shalt request such additional work in writing. A correspondi.ng adjustment shall then be macle to the CJTY's share of the cost based upon the resuiting increase in pay quantities and the 3ssociated cQntract bid prices. For work items requested by the C11'Y that are not eovered by the cantract bid prices, the COTJNITY s}ial) prepare a change*order for the C1TY's review and acceptarice prior to work items bcing constructed. 6. Upon substantial completion of each project, the COUNTY will send an initial invoice to the CITY for the CTTY's portion of'the eost of roadway and drainage improvemenLq. Upon execuCion of the final pay estimate with the contractor, the COUNTY sliall prepare and send a final invoice for any additiqnal amount,s payable by thc C1TY. TAI3LF 1 City uf Spo{:ane Vallcy Share 2007 Estimated Road & Drainage improvement Costs T:stimated Estimatecl DrainAge Road Improvemcnt Costs . 2007 Projccts Improvement Cosis ~ Cstimated Total Costs I $900,000 ~ $200,000 SYOKANE COUNTY: BY= Dace: N. Bruce Rawls, County Utilities Director CITY OF SPOK.ANE YALLEX: BY: Date: Uavid Mercier, City vlanagcr Memorandum of Understanding Favement 1Zepiacetnent Cosc Sharing Page 2 of 2