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2003, 06-10 Regular MeetingCITY OF SPOKANE VALLEY CITY COUNCIL AGENDA — REGULAR MEETING CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington COUNCIL REQUESTS T114 T ALL ELECTRONIC DEVICES BE TURNED OFF WII1LE IN ATTENDANCE A T THE COUNCIL MEETING 1. CALL TO ORDER 2. PLEDGE OIL ALLEGIANCE Tuesday. June 10, 2003 — 6:00 p.m. 3. INVOCATION Pastor David "Burin, Chaplain. Good Samaritan Village 4. ROLL CALL APPROVAL OF AGENDA 6. INTRODUCTION OF SPECIAL GVES(i'S AND PRESENTATIONS 7. COMMITTEE BOARD LIAISON Sl'TV1\IAIt1' REPORTS 8. MAYOR'S REPORT Proclamations: R. Wallace Stanley Day; Community Leadership Day PUBLIC COMMENTS (For manbcm of the Public to Teak to tax Council rot ling m mcn lit )1' on ttc h.gerkla Ptatse stoic WI If name and s dclress I-.x the r-.crvd and !iron rtnurdu to three nunurc, Dual mu ! 10. PUBLIC HEARINGS Six Year Transportation Improvement Program Resolution #03 -037 11. ACTION ITEMS Consent Agenda (comas or ircou comudcral routine- Much at "premed as a gimp A CouutcAnunthes may rtmslu; in nun firm the Agenda to be caauiiduul separately. ) 1. Approval of the Regular Meeting Minutes of May 13, 2003 2. Approval of the Study Session Minutes of May 20, 2003 3. Approval of Claims - . ___ h' 3q9, a G p ,t 9 4. Approval of Payroll - S33,961,79 5. Approval of Mirnbcau Permanent Stage 6. Adopt Resolution No. 03 -035 Retirement Flt:alth Savings Plan 7. Adopt Resolution No. 03 -036 Establishing 401 Retirement Plan 8. Approval of Barker Bridge Consultant Agreement 12 OLD BUSINESS 13. NEW BUSINESS A. Ordinances Public Safety Ordinance, Ordinance No. 69 - First Reading [public comment an Ordinance 69] B. Resolutions 1. Adopting the Six Year Street Program. Resolution No. 03 -037 (_public comment on Resolution 03 -037] Adopting Resolution Accepting Conveyance of an Easement, Resolution No. 03 -038 (public comment on Resolution 03.038] Adopting Resolution Accepting Conveyance of Park Properties, Resolution No. 03-039 [public comment on Resolution 03 -039] 14. PUBLIC COMMENTS (Maximum or llutc minute% please. owr }•ur name and addre ii Gx me (mad) 15. PENDING LEGISLATION 16. ADM INISTR_1TIVE REPORTS 17. INFORMATION 18. ADJOURNMENT FUTURE SCHEDULE A) June 17, 2003, Council Study Session, 6:00 p.m. City Hall B) June 18 -20, 2003, A WC Conference Spokane C) June 24, 2003 Council Regular Meeting, 6:00 p.m. City Hall I)) June 25, 2003,(Tentat 'o Regional Elected Officials, EMS Communications System, 6:30 p.na, location TBA E) July 1, 2003, Council Study Session, 6:00 p.nr. City Hall F) July 8, 2003, Council Regular Meeting, 6:00 p.m. City Hall G) July 15, 2003, Council Stud; Session, 6:00 p.m. City Hall 1V July 22, 2003, C' u tnril Regular Meeting, 6:00 p.m., City Hall 1) July 29 or July 31, 2003, (Tentative) WCL4 Land Use Law and Liability Training Ssclkane Valley rt, Good Samaritan Village In ( hrtrt i Lovs. Eu+r.ee 1. Sornrnne SUBJECT: Prayer for Valley City Council Date: June 10, 2003 Author: David W. 'Thorin Submitted by David W. TThorin, chaplain Good Samaritan Village Greenacres, WA 99016 17121 East 8th Avenue 509-9244161 p)orto areenscres. WA 99016 -9399 509 - 924.6166 fax Gracious Cod, you have selected certain people to take on more significant, more difficult tasks than others have. Tonight these certain people are the members of the Spokane Valley City Council. These people are your servants to help us who live here in the City of Spokane Valley. Lord, these Council members may not have the tools, the knowledge, or the personality for the job. But they do have hope in You, 0 Lord. Please do not deny them Your knowledge, grace, wisdom and insight tonight. Without these gifts from You they may go astray. Lift them to the heights to which they aspire, that they might become the leaders that they have been chosen to be. AMEN. Splikane R.00LATION CITY so 7 gv E VALLE% WASNI rgTow WHEREAS, for over 36 years, eight as Superintendent, R. Wallace Stanley has proudly served the students of the Central Valley School District; and WHEREAS, he developed the District's first speech therapy program and started the District's first special education program; he served as Assistant Personnel Director, Director of Personnel, and Assistant Superintendent; and WHEREAS, on February 22, 1996, the Central Valley Board of Directors appointed Mr. Stanley as Superintendent; and WHEREAS, Mr. Stanley is the superintendent of over 11,000 students and his visible presence in classrooms and at various school events has had a positive impact on students; and WHEREAS, Mr. Stanley's focus has been on student learning and achievement; and WHEREAS, Mr. Stanley's contributions include construction of a new university and Central Valley High Schools, Liberty Lake Elementary, and remodeling of Adams and McDonald Elementary Schools; and WHEREAS, this day is a time for thanks and celebration for students, staff and community. NOW, THEREFORE, I , MAYOR MICHAEL DEVLEMING, ON BEHALF OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON PROCLAIM JUNE 13, 2003 AS in Spokane Valley, Washington and 1 urge all citizens to recognize the merits of this individual by contributing to the R. Wallace Stanley Student Scholarship Fund. R. Wallace Stanley Day MICHAEL DEVLEMING, MAYOR Siitkane TROCLANATION CITY OT STO7 E VALLE2; WASVIN9TON WHEREAS, after completing an intensive ten -month leadership training program, seventy -two people will graduate on June 12, 2003, from Leadership Spokane and Youth Leadership Spokane; and WHEREAS, that training prepared those individuals to assume policy level volunteer leadership roles throughout our community; and WHEREAS, Leadership Spokane Graduation also recognizes the past graduates of the adult and youth programs who have served ably and generously as volunteer leaders in Spokane's government, arts, education, social service, health care and environmental organizations; and WHEREAS, community leaders who serve throughout the City of Spokane recognize the spirit of volunteer leadership, stewardship and collaboration as exhibited by participants in Leadership Spokane and Youth Leadership Spokane. NOW, THEREFORE, I, MAYOR MICHAEL DEVLEMING, ON BEHALF OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON PROCLAIM JUNE 12, 2003 AS in Spokane Valley, Washington and I urge all citizens to recognize and appreciate the efforts put forth by Leadership Spokane and Youth Leadership Spokane and their dedication to our community. COMMUNITY LEA.DERSHIP DAY MICHAEL DEVLEMING, MAYOR RUTH MULLER INTERIM CITY CLERK CITY OF SPOKANE VALLEY PUBLIC HEARING NOTICE Notice is hereby given that the Spokane Valley City Council will hold a public hearing to receive input on the Spokane Valley State Transportation Improvement Program for the six -year period, 2004 -2009. The public hearing is scheduled for Tuesday, June 10, 2003 during the regular Council meeting beginning at 6:00 p.m. at City Hall Council Chambers, 11707 East Sprague Avenue, Suite 101. The City Council will receive public comment on the proposed Spokane Valley State Transportation Improvement Program during the public hearing. Written continents may be submitted until 5:00 p.m. June 10, 2003 to Spokane Valley City Clerk, 11707 East Sprague Avenue, Suite 106, Spokane Valley, \VA 99206. City of Spokane Valley 11707 East Sprague Avenue, Suite 105 Spokane Valley, WA 99206 Telephone: 509 -921 -1000 FAX Number: 509 -921 -1008 facsimile transmittal — Please deliver ASAP to: TO: RE: FROM: Ruth Muller, City Clerk 77:6,1 FAX No: Date: Pages: ri)4e4., „1/ / r aL;_zi 7 (ixecci J DESCRIPTION OF PROPOSAL: The 2004 — 2009 Transportation Improvement Program (TIP) and 2004 Annual Construction Program identifies road projects required to accommodate current and future public transportation needs in incorporated City of Spokane Valley. The TIP is a guide for the planning and implementation of road construction work The Annual Construction Program is a - listing of those projects proposed for construction during 2004. Both programs contain capital improvement projects on existing facilities. Both programs are consistent with the Spokane County Comprehensive Plan and Regional Transportation Plan, both adopted by the City of Spokane Valley. The TIP is updated annually for adoption by the City of Spokane Valley City Council.. H:EARLNG DATE AND TIME: June /D, 2003 at 6:00 P.M. APPLICANT: City of Spokane Valley LEAD AGENCY: City of Spokane Valley DETERMINATION OF NONSIGNIFICANCE - "DNS" WAC 197 -11 -970 and Section CITY OF SPOKANE VALLEY ENVIRONMENTAL ORDfiNANCE LOCATION OF PROPOSAL: The 2004 — 2009 Transportation Improvement Program and 2004 Annual Construction Program contains projects for the transportation system within the incorporated boundaries of the City of Spokane Valley. DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197 -11- 340(2); the lead agency will not act on this proposal for at least 14 days from the date issued (below). Comments regarding this DNS must be submitted no later than 5:00 p.m.,,_4/,X' lo, 2003, if they are intended to alter the DNS. All comments should be sent to the contact person listed below. RESPONSIBLE OFFICIAL: DATE ISSUED: 2003 SIGNATU By: Richard E. Warren, Interim Director of Public Works City of Spokane Valley 11707 E. Sprague Ave. e Spokane Valley, S\ A 9,20 • of = • 1 6 00 COMMENTS REGARDING ENVIRONMENTAL CONCERNS ARE WELCOME AT THE HEARING. APPEAL OF THIS DETERMINATION, after it becomes final, may be made to the City of Spokane Valley at the address noted above. The appeal deadline is fourteen (14) calendar days after issuance of • this determination. This appeal must be written and the appellant should be prepared to make specific factual objections. Ruth Muller Frorn: Ruth Muller Sent: Thursday, May 29, 2003 11:32 AM To: Spokesman Review (legals spokesman_oom) Subject: Legal Notice Please publish this notice on June 2, 2003 regular edition, 11 you have any questions, please cart_ Ruth Muller 921.1000 phone rm ullerspo ka n era Hey, orq 5/29.2003 Pagelof1 City of Spokane Valley Six -year Transportation Improvement Program 2004 -2009 1. 16th Avenue- Project 2 This project will reconstruct 16th Avenue from Dishman Mica Road to SR 27 (Pines Road). The road will be a three -lane arterial similar to the improvement constructed on 16th Avenue last year. Cost $ 1,932,000 in construction funds including TIB and federal funds. City share $260,000. 2. Park Road- Project 2 Park Road from 8th Avenue to Appleway Blvd. will be reconstructed as a three -lane, curbed arterial with sidewalks. Cost $782,000 of construction funds including TIB grant funds.. City share $156,000. 4. Evergreen Road This is the completion of the 2003 Evergreen Road project. This work will construct curbs and sidewalks and complete the paving. Cost $831,000 including TIB grant funds. City share $$166,000. 5. SR 90 /Pines /Mansfield Project This is a joint project between the City, WSDOT, and private developers. It will move the signal at Indiana to the Mansfield Intersection reducing congestion on Pines Road. The project will reconstruct the westbound on -ramp aligning it with Indiana to the east. This will close the access to Montgomery Road, which will end in a cul- de -sac. The westbound off-ramp will be connected to Indiana Avenue. Cost $3,134,000. PE and R/W in 2004. Construction in 2005. Funding shortfall approximately $330,000 for 2005. It is anticipated that federal funds will fill the shortfall. City share $55,000. 6. Barker Road Barker Road will be constructed to full arterial standards from Mission Avenue to Euclid Avenue with either three or five lanes as determined by a traffic study. Curbs and sidewalks will be included. Costs shown here are for a three -lane arterial. Costs $ 229,000 for PE and R/W only during 2004, additional R/W in 2005 of $375,000, and construction occurring in 2006 estimated at $1,201,000. City share $244,000. 7. Barker Road Bridge This project will reconstruct the Barker Road bridge over the Spokane River. Widening of this bridge is needed because development in the area has increased traffic volumes. The bridge deck needs immediate repair but it is recommended that funding to replace the bridge be sought. Cost $229,000 in 2004 for PE, and $6,852,000 split between 2005 and 2006. The BRAC funded $1,000,000 to rehabilitate the deck this month. It is suggested that the City work with BRAC to fully fund the bridge replacement. City share $1,453,000. 8. Park Road Grade Separation This project is a part of the Bridging the Valley program. It will construct bridges to take traffic from Park Road over the BNSF tracks near Trent Avenue. The County has applied for funding through the Freight Mobility Strategic Investment Board (FMSIB). However, it has not risen high enough on their list to be actually funded. We would anticipate that the BNSF, TIB, and possibly WSDOT could be funding partners with the City on this project. Cost: $ 2,450,000 in 2005 and $7,046,000 in 2006. City share 9. Park Road This project would reconstruct Park Road from Broadway Avenue to Indiana Avenue. This will be a five -lane arterial with curbs and sidewalks linking Broadway Avenue to the new overpass at the BNSF tracks and Trent Avenue. This project is not funded but is a possible candidate for AIP funding under the TIB. Cost: $1,255,000 in 2005 and 2006. City share $543,000. 10. Appleway Blvd Reconstruct Appleway Blvd to five lanes with curbs and sidewalks from Tschirley Road to Hodges Road. Cost $5,127,000 spread over 2005, 2006, and 2007. City share $ 694.000. 11. 32nd Avenue Reconstruct 32 " Avenue from SR 27 to Best Road (City Limits). This road would be a three - lane arterial with curbs and sidewalks connecting to a County project at Best Road that will continue the improvement to Sullivan Road. Cost $904,000. This project is not funded at present time. City share $199,000. 12. Evergreen Road Reconstruct Evergreen Road from 32 Avenue to 16 Avenue. This improvement will match the three -lane street being constructed in 2003 and 2004. I would connect to the 32 Avenue project on the south described above. This project in not funded. Cost $2,500,000 spread over years 2006, 2007, and 2008. City share $500,000. 13. Flora /SR290 (Trent Ave.) This is a WSDOT safety project to prevent southbound vehicles from turning left onto SR 290. Cost is about $13,000. 1 14. Barker Road This project widens Barker Road from Appleway Blvd to Mission Avenue. It is anticipated that this improvement would consist of three lanes with curbs and sidewalks. Cost $1,500,000. This project is not funded. City share $ 204,000. 15. Barker Road Eighth Avenue to Appleway Blvd. This project will construct Barker Road to a three -lane section. Cost $1,500,000. This project is not funded. City share $201,000. 16. Sullivan Road Bridge Reconstruct the west bridge over the Spokane River. This bridge would be widened to accommodate traffic turning west onto Indiana Avenue. Cost $8,000,000. This would be spread over 2006, 2007, and 2008. City share $1,601,000. 17. Barker Road Reconstruct Barker Road from Euclid Avenue to SR 290 (Trent). The section will be three lanes wide and cost approximately $1,700,000. This project is not funded. The cost would be spread over years 2007, 2008, and 2009. City share $235,000, 18. Flora Road This project will construct Flora Road to a three -lane section from Sprague Avenue to Mission Avenue. Programmed for years 2007 through 2009. Cost $2,500,000. This project is not funded. City share $338,000. 19. Valley Couplet- Project 2 Construct a one -way street from University Road to Evergreen Road. This will be the same width and number of lanes as the existing Appleway Blvd to the west. Cost $1,644,000 for PE and R/W. This project is partially funded. A grant was secured from TIB. WSDOT has promised funding to cover half the cost of the Pines Road/ Appleway Blvd concrete intersection and signals. The remainder of the grants will have to come from federal grants. Programmed to begin PE in 2008 with R/W and construction probably in 2009 and 2010. City share $100,000. 20. Valley Couplet- Project 3 Construct a one -way street from Evergreen Road to Sullivan Road. This will be the same width and number of lanes as the existing Appleway Blvd to the west. This project is programmed to be done concurrently with Project 2. City share $228,000. 21. Bowdish Road Construct a three -lane arterial with curbs and sidewalks from 32 Avenue to 8 Avenue. Planned for 2008 and 2009 design and construction. Cost approximately $1,700,000. City share $342,000. 22. Valley Couplet- Project 4 Extend the one -way Appleway Blvd. from Sullivan Road to Sprague Avenue at Tschirley Road. This project will finish the couplet project. 2009 partially covers PE and R/W with construction in later years. Cost $404,000. City share $54,000. 23. Sullivan Road Reconstruct to seven lanes from Euclid Avenue to Wellesley Avenue. Widen bridges at the Spokane River, UPRR, BNSF, and SR 290(Trent). 2009 would begin PE at a cost of $93,000. City share $93,000. 1 #V alle y ok City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2004 Annual Construction Program SUMMARY 2004 ANNUAL STREET CONSTRUCTION PROGRAM The CONSTRUCTION PROGRAM is responsible for the improvement of the City Street System. ANNUAL and SIX YEAR CONSTRUCTION PROGRAMS are prepared and updated each year. Priority programming is used to select projects for improvement. Funds for the 2004 ANNUAL STREET CONSTRUCTION PROGRAM come from the following sources: Source City Federal State Other Amount (1000's) $751 $2,000 $2,054 $55 Total Construction $4,860 2004 Major Construction Project Summary Note: For each CITY dollar spent, a total of $6.47 of CONSTRUCTION will be accomplished. Project From To Primary Source Amount 1 16th Avenue- Project 2 Dishman Mica Rd SR 27 STP(U) 51,932,000 2 Park Road - Project #2 8th Street 2nd Avunue AIP $782,000 3 Evergreen Road 16th Avenue 2nd Avenue AIP $831,000 4 Pines/Mansfield Wilber Road Pines Road TPP $675,000 Pines & Indiana West bound on ramp to 190 5 Barker Road Bridge @ Spokane River #5503 BR $411,000 . SUMMARY 2005 ANNUAL STREET CONSTRUCTION PROGRAM The CONSTRUCTION PROGRAM is responsible for the improvement of the City Street System. ANNUAL and SIX YEAR CONSTRUCTION PROGRAMS are prepared and updated each year. Priority programming is used to select projects for improvement. Funds for the 2005 ANNUAL STREET CONSTRUCTION PROGRAM come from the following sources: Source City Federal State Other Amount (1000's) $1,013 $4,356 $3,734 6623 Total Construction $9,726 2005 Major Construction Project Summary Note: For each CITY dollar spent, a total of $9.60 of CONSTRUCTION will be accomplished. Project From To Primary Source Amount 1 Bridging the Valley- Park Road/ BNSF Grade Se Indiana Avenue Montgomery Ave. Other State $2,450,000 2 Pines /Mansfield Wilber Road Pines Road TPP 52,459,000 Pines & Indiana West bound on ramp to 190 3 Park Road Broadway Av Indiana Av AIP 5365,000 4 Appleway Road Tschirley Road Hodges Road STP(U) 5438,000 5 Barker Road - Mission to Euclid Mission Avenue Euclid Avenue AIP 5375,000 6 Barker Road Bridge @ Spokane River #5503 BR $3,426,000 DRAFT Source Amount (1000's) The CONSTRUCTION PROGRAM is responsible for the improvement of the City Street System. ANNUAL and SIX YEAR CONSTRUCTION PROGRAMS are prepared and updated each year Priority programming is used to select projects for improvement. Funds for the 2006 ANNUAL STREET CONSTRUCTION PROGRAM come from the following sources: City 51,938 Federal 57,656 State 56,458 Other $352 Total Construction $16,404 SUMMARY 2006 ANNUAL STREET CONSTRUCTION PROGRAM 2006 Major Construction Project Summary Note: For each CITY dollar spent, a total of $8.46 of CONSTRUCTION will be accomplished. Project From To Primary Source Amount 1 Bridging the Valley- Park Road/ BNSF Grade Se Indiana Avenue Montgomery Ave, Other State $7,046,000 2 Appleway Road Tschirley Road Hodges Road STP(U) $1,876,000 3 Evergreen Road 32nd Avenue 16th Avenue AIP $500,000 4 Barker Road - Mission to Euclid Mission Avenue Euclid Avenue AIP $1,201,000 5 Park Road Broadway Av Indiana Av AIP $890,000 6 32nd Avenue SR 27- Best Road STP(U) $592,000 7 Sullivan Road West Bridge © Spokane River #4511 -S BR $435,000 8 Barker Road Bridge © Spokane River #5503 BR $3,426,000 DRAFT The CONSTRUCTION PROGRAM is responsibte for (he improvement of the City Street System. ANNUAL and SIX YEAR CONSTRUCTION PROGRAMS are prepared and updated each year. Priority programming is used to select projects for improvement. Funds for the 2007 ANNUAL STREET CONSTRUCTION PROGRAM come from the following sources: Source • Amount (1000's) City Federal State Other Total Construction Project 1 Appleway Road 2 Evergreen Road 3 Barker Road 4 Bridging the Valley- Park Road/ BNSF Grade Se 5 Park Road 6 Barker Road 7 32nd Avenue 8 Sullivan Road West Bridge SUMMARY 2007 ANNUAL STREET CONSTRUCTION PROGRAM $2,327 $8,613 $5,108 $265 $16,313 2007 Major Construction Project Summary From Tschirtey Road 32nd Avenue Appleway Road Indiana Avenue Broadway Av 8th Avenue SR 27 @ Spokane River To Hodges Road 16th Avenue Mission Avenue Montgomery Ave. Indiana Av Appleway Road Best Road #4511 -S Note: For each CITY dollar spent, a total of $7.01 of CONSTRUCTION will be accomplished. Primary Source STP(U) AIP STP(U) Other State AIP STP(R) STP(U) BR Amount $2,813,000 $1,120,000 $375,000 $5,296,000 $1,460,000 $375,000 $667,000 $3,783,000 The CONSTRUCTION PROGRAM is responsible for the improvement of the City Street System. ANNUAL and SIX YEAR CONSTRUCTION PROGRAMS are prepared and updated each year. Priority programming is used to select projects for improvement. Funds for the 2008 ANNUAL STREET CONSTRUCTION PROGRAM come from the following sources: Source City Federal State Other Project 1 Evergreen Road 2 Barker Road 3 Barker Road 4 Barker Road 5 Valley Couplet - Project 3 6 Flora Road 7 Valley Couplet - Project 2 8 Bovrdish Road 9 Sullivan Road West Bridge SUMMARY 2008 ANNUAL STREET CONSTRUCTION PROGRAM Amount (1000's) $1,425 $6,107 $1,887 $0 Total Construction $9,419 2008 Major Construction Project Summary Note: For each CITY dollar spent, a total of $6.61 of CONSTRUCTION will be accomplished. From To Primary Source Amount 32nd Avenue 16th Avenue AIP $880,000 Appleway Road Mission Avenue STP(U) $925,000 Euclid Avenue SR 290 STP(U) $375,000 8th Avenue Appleway Road STP(U) 5901,000 Evergreen Road Sullivan Road STP(U) 5274,000 Sprague Av Mission Av STP(U) $800,000 University Rd Evergreen Rd TPP $822,000 University Rd Evergreen Rd 32nd Avenue 8th Avenue AIP $659,000 @ Spokane River #4511 -S BR $3,783,000 SUMMARY 2009 ANNUAL STREET CONSTRUCTION PROGRAM The,CONSTRUCTION PROGRAM is responsible for the improvement of the City Street System. ANNUAL and SIX YEAR CONSTRUCTION PROGRAMS are prepared and updated each year. Priority programming is used to select projects for improvement. Funds for the 2009 ANNUAL STREET CONSTRUCTION PROGRAM come from the following sources: Source City Federal State Other Amount (1000's) $962 $3,873 $1,318 SO Total Construction $6,153 2009 Major Construction Project Summary Note: For each CITY dollar spent, a total of $6.40 of CONSTRUCTION will be accomplished. Project From To Primary Source Amount 1 Valley Couplet Project 4 Sullivan Road Appleway Road STP(U) $404,000 2 Valley Couplet - Project 2 University Rd Evergreen Rd TPP $822,000 University Rd Evergreen Rd 3 Valley Couplet - Project 3 Evergreen Road Sullivan Road STP(U) $1,095,000 4 Barker Road Euclid Avenue SR 290 STP(U) $1,141,000 5 Flora Road Sprague Av Mission Av STP(U) $1,500,000 6 Bowdish Road 32nd Avenue 8th Avenue AIP $1,048,000 CRAFT Project Name Road Names Program Func Work Scope Item Class Status Urban Construction 1 Reconstruct as a three -lane arterial with curbs and sidewalks with accomodations for bicycles. Construction 2 Park Road - Project 02 16 , Park Road 8th Street 4 Reconstruct and widen existing roadway to a 3 -lane section with a 4' bike lane. Curbs, gutters and a 6 foot sidewalk will also be a part of the project from 8th Ave. to Appleway Construction 3 Evergreen Road 14 Evergreen Road Reconstruct and widen to three lanes to 8th Avenue, five lanes from 8th Ave. to 2nd Ave. Construction Pines /Mansfield 09 Mansfield Ave 14 Pines Rd This project will reconfigure the WB ramps of 1 -90 at SR27. It will also widen and reconstruct mansfield Ave. from Wilbur Rd. to SR27 to a 3 -lane roadway with curb, gutter Prelim. Engineering, Right -of -Way City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2004 Annual Construction Program Dollars in thousands From 16th Avenue- Project 2 2875 I 03 2 S 14 16th Ave Dishman Mica Rd SR 27 06122 1.60 2nd Avunue 16th Avenue 2nd Avenue 03714 0.38 01170 0.90 Wilber Road Pines Road 02964 0.00 Pines & Indiana West bound on ramp 0.00 Printed: 5/6/2003 1 2951 I 04 2 S TCGPWS 2903 1 03 2 S 03 C City C TPP C Other Hearing Date: Env. Assess. Date Envir Work C Fund Work Utilities Fed State Other City To Road ;f Proj # Len(mi) Type 0 Stet Meth Fund Source Funds Funds Funds Funds OR Adoption Date: Resolution No. P.E. R.W. Coast Total C City 260 0 0 260 260 C STP(U) 1,672 0 0 1,672 1,672 0 0 1,932 1,932 C City 156 0 0 156 156 C AIP 626 0 0 626 626 0 0 782 782 C City 166 0 0 166 166 C AIP 665 0 0 665 665 0 0 831 831 55 30 25 0 55 565 189 376 0 565 55 51 4 0 55 270 405 0 675 Project Name Road Names Program Func Work Scope Item Class Status 5 Barker Road - Mission to Euclid 14 Barker Road Reconstruct to a three -lane curbed arterial Prelim. Engineering, Right -of -Way Urban Construction Projects Total: Bridge Construction 6 Barker Road Bridge 14 Barker Road Replace bridge over the Spokane River. Bridge Construction Projects Total: City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2004 Annual Construction Program Dollars in thousands From Mission Avenue © Spokane River #5503 Envir Work C Fund Work Utilities Fed State Other City To Road # Proj # Len(mi) Type 0 Stat Meth Fund Source Funds Funds Funds Funds P.E. R.W. Const Total 03 ❑ P CGPT Euclid Avenue 00230 1.00 Printed: 516/2003 2 C City C AIP 09 ❑ P T 0.10 1,672 2,054 Hearing Date: Env. Assess. Date o Adoption Date: Resolution No. 31 14 17 0 31 198 90 1•8 0 198 104 125 0 229 55 688 374 530 3,545 4,449 C City 83 75 8 0 83 C BR 328 300 28 0 328 375 36 0 411 328 83 375 36 0 • 411 Project Name Road Names Program Func Work Scope Item Class Status Total Program for 2004 City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2004 Annual Construction Program Dollars in thousands From To Road # Printed: 5/6/2003 3 Envir Work C Fund Work Utilities Proj # Len(mi) Type 0 Stat Meth Fund Source Hearing Date: Env. Assess. Date Fed State Other City Funds Funds Funds Funds Adoption Date: Resolution No. i �on P.E_ R.W. onst Total 2,000 2,054 55 751 749 566 3,545 4,860 Project Name Road Names Program Func Work Scope Item Class Status Urban Construction 1 Bridging the Valley- Park Road! BNSF Grade Sop I , 03 S 3 City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2005 Annual Construction Program Dollars in thousands From 14 Park Road Indiana Avenue Montgomery Ave. 03714 0.20 Reconstruct Park Road to separate the grades of Park Road and the BNSF railroad tracks. Prelim. Engineering, Right -of -Way 14 Pines Rd Pines & Indiana West bound on ramp 0.00 This project will reconfigure the WB ramps of 1 -90 at SR27. It will also widen and reconstruct mansfietd Ave. from Wilbur Rd. to SR27 to a 3 -lane roadway with curb, gutter Construction Park Road 14 Park Rd Reconstruct and widen to five lanes Broadway Av Indiana Av 03714 0.75 Printed: 516!2003 4 Envir Work C Fund Work Utilities Fed State Other City To Road # Proj # Len(mi) Type O Stat Meth Fund Source Funds Funds Funds Funds 2 Pines /Mansfield 1 03 P 09 Mansfield Ave Wilber Road Pines Road 02964 0.00 03 151 P Hearing Date: Env. Assess. Date 0 Adoption Date: Resolution No. T P.E. R.W. Cons' Total C City 115 49 66 0 115 C TPP 661 283 378 0 661 C STP(U) 661 283 378 0 661 C Other Fed 62 27 35 0 62 C OtherSta 828 355 473 0 828 C Other 123 53 70 0 123 1,050 1,400 0 2,450 C TPP 1,629 0 0 1.629 1,629 C STP(U) 330 0 0 330 330 C Other Sta 0 0 0 0 0 C Other 500 0 0 500 500 0 0 2,459 2,459 C City 73 28 45 0 73 C AIP 292 112 180 0 292 140 225 0 365 Project Name Road Names Program Func Work Scope Item Class Status 4 Appleway Road S 03 IN P CPT 5 6 14 Appteway Road Reconstruct to a five -lane urban arterial Preliminary Engineering Barker Road - Mission to Euclid 14 Barker Road Reconstruct to a three -lane curbed arterial Right -of -Way 32nd Avenue 14 32nd Avenue Reconstruct and widen to three lanes with curbs and sidewalks. Prelim, Engineering, Right -of -Way City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2005 Annual Construction Program Dollars in thousands From Envir Work c Fund Work Utilities Fed State Other City To Road # Proj # Len(m) Type O Stet Meth Fund Source Funds Funds Funds Funds Tschirley Road Hodges Road 00031 1.26 Mission Avenue Euclid Avenue 00230 1.00 SR 27 Best Road 05971 0.48 Printed: 5/6/2003 5 03 U P CGPT 03 U P CGPTW Hearing Date: Env. Assess. Date Adoption Date: Resolution No. P.E. R.W. Const Total C City 60 26 34 0 60 C STP(U) 378 162 216 0 - 378 188 250 0 438 C City 51 0 51 0 51 C AIP 324 0 324 0 324 0 375 0 375 C City 29 9 20 0 29 C STP(U) 164 57 127 0 184 66 147 0 213 Urban Construction Projects Total: 1,615 3,734 623 328 1,444 2,397 2,459 6,300 Project Name Road Names Program Func Work Scope Item Class Status Bridge Construction 7 Barker Road Bridge 14 Barker Road Replace bridge over the Spokane River. Bridge Construction Projects Total: City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2005 Annual Construction Program Dollars in thousands From @ Spokane River #5503 Total Program for 2005 4,356 3,734 623 1,013 1,444 2,397 5,885 9,726 Printed: 5/612003 6 Hearing Date: Env. Assess. Date Envir Work C Fund Work Utilities Fed State Other City To Road # Proj # Len(mi) Type 0 Stat Meth Fund Source Funds Funds Funds Funds 1 09 ❑ P T 0.10 Adoption Date: Resolution No. P.E. R.W. Const Total C City 685 0 0 685 685 C BR 2,741 0 0 2,741 2,741 0 0 3,426 3,426 2,741 685 0 0 3,426 3,426 Project Name Road Names Program Func Work Scope Item Class Status Urban Construction 1 2 Bridging the Valley- Park Road/ BNSF Grade Sep 14 Park Road Indiana Avenue Montgomery Ave. 03714 0.20 Reconstruct Park Road to separate the grades of Park Road and the BNSF railroad tracks. Prelim. Engineering, Right -of -Way, Construction Appleway Road 14 Appleway Road Tschirley Road Hodges Road 00031 1.26 Reconstruct to a five -lane urban arterial Right -of -way 3 Evergreen Road 14 Evergreen Rd Reconstruct and widen to three lanes Preliminary Enginee City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2006 Annual Construction Program Dollars in thousands From 32nd Avenue 16th Avenue 01170 1.00 Printed: 5/612003 7 I 03 122 S S 03 t5I P CPT 03 U P C City C STP(U) 1,622 C City C AIP Hearing Date: Env. Assess. Date Envir Work C Fund Work Utilities Fed State Other City To Road # Proj # Len(mi) Type 0 Stet Meth Fund Source Funds Funds Funds Funds C City 331 16 66 249 331 C TPP 1,903 95 378 1,430 1,903 C Other Fed 176 9 35 132 176 C STP(U) 1,903 95 378 1,430 1,903 C Other Sta 2,381 118 473 1,790 2,381 C Other 352 17 70 265 352 Adoption Date: Resolution No. P.E. R.W. Const Total 350 1,400 5,296 7,046 254 26 101 127 254 162 649 811 1,622 188 750 938 1,876 100 40 60 0 100 400 160 240 0 400 200 300 0 500 Project Name Road Names Program Func Work Scope Item Class Status 5 6 16 Flora Rd SR.290 Construct raised curb channelization on SR290 to eliminate NBL & SBL movements Prelim. Engineering, Construction Barker Road - Mission to Euclid 14 Barker Road Reconstruct to a three -lane curbed arterial City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2006 Annual Construction Program Dollars in thousands From Envir Work C Fund Work Utilities Fed State Other City To Road # Proj # Len(mi) Type 0 Stat Meth Fund Source Funds Funds Funds Funds 4 Flora Rd /SR290 Minor Intersection Improvements 1 12 ❑ P Mission Avenue SR290 01345 0.00 03 ❑ P CGPT Euclid Avenue 00230 1.00 Construction Barker Road 1 03 D P 14 Barker Road Appleway Road Mission Avenue 00230 0.77 Reconstruct to a three -lane curbed arterial Preliminary Engineering Park Road 1 03 . P 14 Park Rd Broadway Av Indiana Av 03714 0.75 Reconstruct and widen to five lanes Printed: 5/6/2003 8 Hearing Date: Env. Assess. Date Adoption Date: Resolution No. P.E. R.W. Const Total C City 2 1 0 1 2 C OtherSta 11 1 0 10 11 2 0 11 13 C City 162 0 0 162 162 C AIP 1,039 0 0 1,039 1,039 0 0 1,201 1,201 C City 28 11 17 0 28 C STP(U) 178 70 108 0 178 81 125 0 206 C City 178 0 105 73 178 C AIP 712 0 420 292 712 0 525 365 890 Project Name Road Names Program Func Work Scope Item Class Status 10 Reconstruct to a three -lane urban arterial Preliminary Engineering 32nd Avenue City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2006 Annual Construction Program Dollars in thousands From Envir Work C Fund Work Utilities Fed State Other City To Road# Proj # Len(mi) Type 0 Stet Meth Fund Source Funds Funds Funds Funds 8 Barked$R290 Minor Intersection Improvement 1 12 D P 14 Barker Rd SR290 16 Barker Road 8th Avenue Reconstruct and widen to three lanes with curbs and sidewalks. SR290 00230 0.00 Construct raised curb channelization to eliminate WBL movement and provide NBL acceleration lane on SR290 Prelim. Engineering, Construction 9 Barker Road 1 02 D P CGPT Appleway Road 00230 0.75 14 32nd Avenue SR 27 Best Road 05971 0.48 Printed: 5!6t2003 9 03 U P CGPTW Hearing Date: Env. Assess. Date D Adoption Date: Resolution No. P.E. R.W. Const Total C City 3 1 0 2 3 C Other Sta 12 2 0 10 12 3 0 12 15 C City 28 11 17 0 28 C STP(U) 176 68 108 0 176 79 125 0 204 C City 80 0 20 60 80 C STP(U) 512 0 127 385 512 0 147 445 592 Right -of -Way, Construction _ Urban Construction Projects Total: 4,567 6,458 352 1,166 903 3,372 8,268 12,543 Project Name Road Names Program Func Work Scope Rem Class Status Bridge Construction 11 Sullivan Road West Bridge 1 . 03 D P 14 Sullivan Road Q Spokane River #4511 -S 04597 0.22 12 - -- Reconstruct and widen west bridge Replace bridge over the Spokane River. Bridge Construction Projects Total: City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2006 Annual Construction Program Dollars in thousands From Prelim. Engineering, Right -of -Way Barker Road Bridge 14 Barker Road Spokane River #5503 0.10 Total Program for 2006 7,656 6,458 352 1,938 1,303 3,407 11,694 16,404 Printed: 5/6/2003 10 C City C BR 09 U P T Hearing Date: Env. Assess. Date Envir Work C Fund Work Utilities Fed Stato Other City To Road # Proj # Len(mi) Type 0 Stat Meth Fund Source Funds Funds Funds Funds Adoption Date: Resolution No. P.E. RW. Const Total 87 80 7 0 87 348 320 28 0 348 400 35 0 435 C City 685 0 0 685 685 C BR 2,741 0 0 2,741 2,741 0 0 3,426 3,426 3,089 772 400 35 3,426 3,861 Project Name Road Names Program Func Work Scope Item Class Status Urban Construction 1 Barker Road 14 Barker Road 2 Right -of -Way Reconstruct to a three -lane curbed arterial Reconstruct to a live -lane urban arterial Construction 3 Evergreen Road 14 Evergreen Rd Reconstruct and widen to three lanes Construction From 14 Barker Road Appleway Road Reconstruct to a three -lane curbed arterial City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2007 Annual Construction Program Dollars in thousands Envir Work C Fund Work Utilities Fed State Other City To Road 0 Proj # Len(mi) Type 0 Stat Meth Fund Source Funds Funds Funds Funds 03 ❑ P Euclid Avenue SR 290 00230 0.95 Prelim. Engineering, Right -of -Way Appleway Road S 03 MI P CPT 14 Appleway Road Tschirley Road Hodges Road 00031 1.26 03 LI P 32nd Avenue 16th Avenue 01170 1.00 4 Barker Road 1 03 ❑ P Mission Avenue 00230 0.77 Printed: 5/6/2003 11 Hearing Date: Env. Assess. Date C City 30 13 17 0 30 C STP(U) 194 86 108 0 194 C City 380 0 0 380 380 C STP(U) 2,433 0 0 2.433 2,433 C City 220 0 0 220 220 C City 180 0 180 0 180 C AIP 720 0 720 0 720 Adoption Date: Resolution No. 0 P.E. R.W. Const Total 99 125 0 224 0 0 2.813 2,813 0 900 220 1,120 C City 51 0 51 0 51 C STP(U) 324 0 324 0 324 0 375 0 375 Project Name Road Names Program Func Work Scope Item Class Status 5 7 Park Road 1 03 N� P 14 Park Rd Broadway Av Indiana Av 03714 0.75 Reconstruct and widen to five lanes 6 Barker Road 1 02 U P . COPT 16 Barker Road 8th Avenue Reconstruct to a three -lane urban arterial Right -of -Way Reconstruct to a three-lane arterial. City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2007 Annual Construction Program Dollars in thousands From Envir Work C Fund Work Utilities Fed State Other City To Road P roj # Len(m) Type 0 Stat Meth Fund Source Funds Funds Funds Funds P.E. R.W. Const Total Appleway Road 00230 0.75 Flora Road 1 03 U P 14 Flora Rd Sprague Av Mission Av 01344 1.00 Printed: 5/612003 12 Hearing Date: Env. Assess. Date Adoption Date: Resolution No. C City 292 0 0 292 292 C City 249 0 0 249 249 C AIP 1,168 0 0 1,168 1,168 C TPP 1,430 0 0 1,430 1,430 C STP (U) 1,430 0 0 1,430 1,430 C Other Fed 132 0 0 132 132 C Other Sta 1,790 0 0 1,790 1,790 C Other 265 0 0 265 265 0 0 1,460 1,460 C City 51 0 51 0 51 C STP(R) 324 0 324 0 324 0 375 0 375 C City 27 27 0 0 27 C STP(U) 173 173 0 0 173 200 0 0 200 Project Name Road Names Program Func Work Scope Item Class Status 14 32nd Avenue From Reconstruct and widen to three lanes with curbs and sidewalks. Bridge Construction 14 Sullivan Road Reconstruct and widen west bridge Construction Bridge Construction Projects Total: City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2007 Annual Construction Program Dollars in thousands Envir Work C Fund Work Utilities Fed State Other City To Road JC Proj # Len(mi) Type O Stat Meth Fund Source Funds Funds Funds Funds P.E. R.W. Const Total 8 32nd Avenue 1 03 `r� P CGPTW SR 27 Best Road 05971 0.48 9 Sullivan Road West Bridge 1 03 Q P Spokane River #4511 -S 04597 0.22 Printed: 5/612003 13 Hearing Date: Env. Assess. Date Adoption Date: Resolution No. 1 C City 90 0 0 90 90 C STP(U) 577 0 0 577 577 0 0 667 667 Construction Urban Construction Projects Total: 5,587 5,108 265 1,570 299 1,775 10,456 12,530 C City 757 0 0 757 757 C BR 3,026 0 0 3,026 3,026 0 0 3,783 3,783 3,026 757 0 0 3,783 3,783 Project Name Road Names Program Func Work Scope Item Class Status City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2007 Annual Construction Program Dollars in thousands From Total Program for 2007 8.613 5,108 265 2,327 299 1,775 14,239 16,313 Printed: 5/6/2003 14 Hearing Date: Env. Assess. Date o. Adoption Date: Resolution No. Envir Work C Fund Work Utilities Fed State Other City To Road # Proj # Len(mi) Type 0 Stat Meth Fund Source Funds Funds Funds Funds P.E. R.W. Const Total • Project Name Road Names Program Func Work Scope Item Class Status Urban Construction 2 Barker Road 3 4 Barker Road Reconstruct and widen to three lanes 14 Barker Road Reconstruct to a three -lane curbed arterial Construction Barkor Road 14 Barker Road Euclid Avenue SR 290 00230 0.95 Reconstruct to a three -lane curbed arterial Right -of -Way Reconstruct to a three -lane urban arterial Construction City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2008 Annual Construction Program Dollars in thousands From 16 Barker Road 8th Avenue Appleway Road 00230 0.75 Printed: 5/6/2003 15 Hearing Date: Env. Assess. Date Envir Work C Fund Work Utilities Fed State Other City To Road # Proj # Len(mi) Type 0 Slat Meth Fund Source Funds Funds Funds Funds 1 Evergreen Road 1 03 (51 P 14 Evergreen Rd 32nd Avenue 16th Avenue 01170 1.00 Appleway Road Mission Avenue 00230 0.77 03 ❑ P 03 ❑ P 02 1=11 CGPT Adoption Date: Resolution No. ° RAPT P.E. R.W. Const Total C AIP 880 0 0 880 880 0 0 880 880 C City 125 0 0 125 125 C STP(U) 800 0 0 800 800 0 0 925 925 C City 51 0 51 0 51 C STP(U) 324 0 324 0 324 0 375 0 375 C City 122 0 0 122 122 C STP(U) 779 0 0 779 779 0 0 901 901 • Project Name Road Names Program Func Work Scope Item Class Status 5 Valley Couplet - Project 3 14 Valley Couplet 6 Construct multi -lane facility with curbs and sidewalks_ Remove islands on Sprague Avenue and restripe. Right -of -Way Flora Road 1 03 In P 14 Flora Rd Sprague Av Mission Av 01344 1.00 Reconstruct to a three -lane arterial. 7 Valley Couplet - Project 2 14 Sprague Ave 14 2nd Avenue Construct multi -lane facility with curbs and sidewalks. Remove islands on Sprague Avenue and restripe_ Prelim. Engineering, Right -of -Way 8 Bowdlsh Road 1 03 U P CGPTW 14 Bowdish Road Reconstruct and widen roadway to three lanes. Preliminary Engineering City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2008 Annual Construction Program Dollars in thousands From Evergreen Road University Rd University Rd Envir Work C Fund Work Utilities Fed State Other City To Road # Proj # Len(mi) Type O Stat Meth Fund Source Funds Funds Funds Funds P.E. R_W. Const Total 2797 S 01 S CGPTW Sullivan Road 08000 1.02 2883 S 01 U S Evergreen Rd 04538 2.02 Evergreen Rd 00001 2.02 32nd Avenue 8th Avenue 00297 1.52 Printed: 5/6/2003 16 Hearing Date: Env. Assess. Date Adoption Date: Resolution No. C City 60 30 50 0 80 C STP(U) 194 194 0 0 194 224 50 0 274 C City 108 0 108 0 108 C STP(U) 692 0 692 0 692 0 800 0 800 C City 50 12 38 0 50 C TPP 480 120 360 0 480 C STP(U) 292 69 223 0 292 201 621 0 822 C City 132 32 100 0 132 C AIP 527 127 400 0 527 159 500 0 659 • • Project Name Road Names Program Func Work Scope Item Class Status Urban Construction Projects Total: Bridge Construction 9 Sullivan Road West Bridge 14 Sullivan Road Reconstruct and widen west bridge Bridge Construction Projects Total: Total Program for 2008 City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2008 Annual Construction Program Dollars in thousands From To Road # Prof # @ Spokane River #4511 -S 04597 0.22 Printed: 5/6/2003 17 Envir Work C Fund Work Utilities Len(mi) Type 0 Stat Meth Fund Source 03 Q P Hearing Date: Env. Assess. Date Fed State Other City Funds Funds Funds Funds Adoption Date: Resolution No. P,E. R.W. Const Total 3,081 1,887 668 584 2,346 2,706 5,636 C City 757 0 0 757 757 C BR 3,026 0 0 3,026 3,026 0 0 3,783 3,783 3,026 757 0 0 3,783 3,783 6,107 1,887 1,425 584 2,346 6,489 9,419 Project Name Road Names Program Func Work Scope Item Class Status Urban Construction Printed: 516/2003 City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2009 Annual Construction Program Dollars in thousands From 14 Valley Couplet Sullivan Road Construct four lanes with curbs and sidewalks. Remove islands on Sprague Avenue and restripe. Preliminary Engineering Valley Couplet - Project 2 14 Sprague Ave University Rd Evergreen Rd 14 2nd Avenue University Rd Construct multi -lane facility with curbs and sidewalks. Remove islands on Sprague Avenue and restripe. Prelim. Engineering, Right -of -Way Sullivan Road 14 Sullivan Road Euclid Avenue Wellesley Avenue 04597 1.00 Reconstruct to a seven -lane urban arterial. Widen bridges at Spokane River, UPRR, BNRR. and SR 290 Prelim. Engineering Valley Couplet - Project 3 14 Valley Couplet Evergreen Road Construct multi -lane facility with curbs and sidewalks. Remove islands on Sprague Avenue and restripe. Complete construction Envir Work c Fund Work Utilities Fed State Other City To Road # Proj # Len(mi) Type 0 Stat Meth Fund Source Funds Funds Funds Funds 1 Valley Couplet- Project 4 S 01 MI P CGPTW Appleway Road 08000 1.19 2883 S 04538 2.02 Evergreen Rd 00001 2.02 2797 S Sullivan Road 08000 1.02 18 03 1 P C City 01 1 S CGPTW Hearing Date: Env. Assess. Date Adoption Date: Resolution No. 1)1 44pr P.E. R.W. Const Total C City 54 37 17 0 54 C STP(U) 350 242 108 0 350 279 125 0 404 C City 50 12 38 0 50 C TPP 480 120 360 0 480 C STP(U) 292 69 223 0 292 201 621 0 822 93 93 0 0 93 93 0 0 93 C City 148 0 61 87 148 C STP(U) 947 0 390 557 947 0 451 644 1,095 Project Name Road Names Program Funs Work Scope hem Class Sl2tus 5 Barker Road 1 03 ❑ P Construction 6 Flora Road 14 Flora Rd Prelim_ Engineering 8 Bowdish Road 1 03 El 14 Bowdish Road 32nd Avenue 81h Ave nue 00297 1.52 Right -of -Way Printed: 51612003 14 Barker F{ead Reconstruc110 a three -lane curbed arterial Reconstruct to a three -lane arterial_ Euclid Rd! Flora Rd 17 Euclid Av 16 Flora Rd Reconstruct to provide a two lane, Shouldered arterial Re00nStruct and widen roadway to three Fa nes. City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2009 Annual Construction Program Dollars in thousands From Envie work C Fund Work Utilities Fed State Other City To Road g praj # Len(mi) Type 0 Stat Meth Fund Source Funds Funds Funds Funds P.E. R,4 1. Const Total Euclid Avenue SR 290 00230 0.95 Sprague Av Mission Av 01344 1.00 Flora Road Euclid Road Barker Road Euclid Road 01345 0,14 03 P 01186 0.97 19 03 WI P C City C City C AIP CGFTW Dearing Date: Env. Assess, Cate Adoption Date' Resolution No. C City 154 0 0 154 154 C STP(U) 997 0 0 987 997 0 0 1,141 1,141 C City 203 0 0 203 203 C STP(U) 1,297 0 0 1 ,297 1,297 0 0 1 ,500 1,500 50 50 0 0 50 50 0 0 50 210 0 100 110 210 838 0 400 438 838 0 500 548 1,048 Project Name Road Names Program Func Work Scope Item Class Status Urban Construction Projects Total: Total Program for 2009 City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2009 Annual Construction Program Dollars in thousands From Printed: 5/6/2003 20 Hearing Date: Env. Assess. Date Envir Work C Fund Work Utilities Fed State Othor City To Road # Proj # Len(mi) Type 0 Stat Meth Fund Source Funds Funds Funds Funds O Adoption Date: Resolution No. P.E. R.W. Const Total 3,873 1,318 962 623 1,697 3,833 6,153 3,873 1,318 962 623 1,697 3,833 6,153 C / 1 DRAFT City of Spokane Valley City Council Minutes Regular Meeting May 13, 2003 Mayor Michael DeVleming called the meeting to order at 6:00 p.m. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmels, and Steve Taylor. Staff present: City Manager David Mercier, Interim Attorney Stanley Schwartz, Interim Deputy Manager Stan McNutt, Interim Public Works Director Richard Warren, Interim Engineer Dick Thiel, Interim Parks and Recreation Consultant Bill Hutsinpiller, Interim Building Official Bob Ely, Interim Long Range Planning Manager Greg McCormick, Interim Human Resource Manager Don Morrison, and Interim City Clerk Ruth Muller. Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance. Invocation: Pastor Bill Dropko, Greenacres Christian Fellowship, gave the invocation. Roll Call: Interim City Clerk called roll. Introduction of Special Guests and Presentations: Mayor DeVleming proclaimed May 10 -18, 2003 as "Tourism Week in Spokane Valley ". Approval of Agenda: Interim Attorney Schwartz requested that Item No. 12. E. 3. be deferred to a later meeting as negotiations are still not completed on the stormwater agreement with Spokane County. Councilmember Munson moved and Councilmember Taylor seconded that the agenda be approved as modified. The motion carried unanimously. Committee, Board, Liaison Summary Reports: Councilmember Flanigan reported that the County animal licensing campaign will be marketed by a Committee including representatives from Spokane Valley, Spokane and the County. Councilmember Denenny reported that the Spokane Transit Authority Task Force is in the process of developing a number of surveys to gauge current public perception of the STA and to garner support. Mayor Report: Mayor DeVleming reported that the Council has scheduled a special study session meeting on May 15, 2003 for discussion of two issues — junk vehicles /nuisance abatement and policy on cost recovery for services provided to the public. Council Minutes, May 13, 2003 Approved by Council, 1 Council Minutes, May 13, 2003 Approved by Council, DRAFT The Mayor announced that the first community conversation with Council is scheduled for June 26, 2003 at 2:00 p.m. at the Spokane Valley Senior Center. These forums will be scheduled three to four times per year to give the Council and Staff an opportunity to hear from the community on issues. Consent Agenda: Deputy Mayor Wilhite moved and Councilmember Flanigan seconded that the consent agenda be approved including (a) Special Meeting Minutes of March 27. 2003; (b) Regular Meeting Minutes of April 1, 2003: (c) Claims obligations in amount of $289.781.60; (d) Payroll obligations in amount of $14,098.81; (e) Resolution No. 03 -027, Establishing a General Policy Resolution Emanating from the Core Beliefs of the City Council and Community and Setting Forth Duties of Both Elected and Appointed Officials of the City to Help Guide Legislative and Executive Decisions Toward Effective, Responsive, and Open Government; (f) Resolution No. 03 -028 Setting Rules of Procedure for City Council Meetings. Public Hearings, Legislative Process and Public Comments or Complaints, including approval of telephone tree memo, Exhibit A- 1, telephone tree chart, Exhibit A -2, parliamentary procedure, Exhibit A -3, legislative process, Exhibit A -4. committee structure and rules, Exhibit A -5. task force /town hall model, Exhibit A6(1). multi - agency coordinating task force model, Exhibit A6(2). citizens' task force model, Exhibit A -7: and (g) approval of Engineering Technician position. The motion carried unanimously. Agenda Bill No. 2003 -118, Ratification of County changes to Street Maintenance Services agreement: Deputy Mayor Wilhite moved and Councilmember Denenny seconded that the Council rati ' Count Ian e changes to Street Maintenance Services Agreement No. CO3 -33. City Manager Mercier introduced Interim Public Works Director Warren who reported that this agreement will not go into effect until the end of May, since the County has not yet transferred all of the road tax money to Spokane Valley. Interim Attorney Schwartz summarized the language changes made by the County in Section 3 to the paragraph amendment made by Spokane Valley during its approval of this agreement on April 22, 2003. Staff responded to Council questions regarding this section of the agreement and the City's ability to assure that all work is performed to City standards, and options if work performed under this agreement is not satisfactory. There was Council discussion of the need to require satisfactory work, the difference between this maintenance agreement and formal construction contracts, the need for Spokane Valley to protect the citizens of this community, that the City's rights should be properly expressed in an agreement, the ability of Spokane Valley to use outside forces for the discretionary items in the agreement, and the need to continue further negotiations with Spokane County on the language in this agreement. Councilmember Munson moved and Councilmember Flanigan seconded to table the motion to ratify new language in Agreement No. CO3 -33. The motion carried by majority vote with four aye votes — Deputy Mayor Wilhite, Councilmembers Denenny, 2 1 ,- DRAFT Flanigan, and Munson: and three nay votes — Mayor DeVleming, Councilmembers Schimmels and Taylor. Agenda Bill No. 2003 -108, Parks Facilities Regulations: Interim City Clerk read the title of Ordinance No. 65 for second reading. Councilmember Mujnson moved and Councilmember Flanigan seconded to adopt Ordinance No. 65 Adopting Rules for the Use of Park Facilities. City Manager Mercier introduced Interim Parks and Recreation Consultant Hutsinpiller who reviewed changes made to this ordinance as directed by Council during first reading of the ordinance. The motion carried unanimously to adopt Ordinance No. 65. Agenda Bill No. 2003 -119, Reauthorizing the "SCOPE" Program: Councilmember Flanigan moved and Councilmember Munson seconded that Council authorize the continuation of the current SCOPE program within the City of Spokane Valley as an extension of the City's contract with the Spokane County Sheriff. City Manager Mercier said that imbedded in this motion is that cost for the program needs to be addressed by budget amendment at a future study session. The motion carried unanimously. Agenda Bill No. 2003-120, Community Development Block Grant Consortium: Councilmember Munson moved and Councilmember Denenny seconded that staff be authorized to send a letter to Spokane County and the U.S. Department of Housing and Urban Development (HUD) stating the City's intent to participate in the County's Community Development Block Grant (CDBG) consortium. City Manager Mercier said that the Council reviewed the three options available to the City for these funds at a study session. The notion carried unanimously. Agenda Bill No. 2003 -121, Fireworks Regulations: Interim City Clerk introduced Ordinance No. 66 by reading the title. Councilmember Munson moved and Councilmember Flanigan seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 66 Regulating the Use and Possession of Fireworks Within the City in a Manner Consistent with Title 3 of the Spokane County Code and the Revised Code of Washington, Chapter 70.77 to Prohibit the Sale or Discharge of Consumer Fireworks Within the City of Spokane Valley. City Manager Mercier introduced Interim Building Official Ely who said that this ordinance was developed at the direction of the Council and prohibits the use, storage, and manufacture of fireworks within Spokane Valley. The motion carried unanimously to adopt Ordinance No. 66. Agenda Bill No. 2003 -122, Employee Salary Schedule Amendment: Interim City Clerk introduced Ordinance No. 62 A -1 by reading the title. Councilmember Munson moved and Deputy Mayor Wilhite seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 62 A -1 Replacing the Adopted Employee Position Classification and 2003 Monthly Salary Schedule of the City. City Manager Mercier introduced Interim Human Resources Manager Morrison who said that this is a proposal to broaden the salary range allowing the City Manager Council Minutes, May 13, 2003 Approved by Council, 3 DRAFT more options in the hiring process. The motion carried unanimously to adopt Ordinance No. 62 A -1. Agenda Bill No. 2003 -123, Bond Reimbursement: Councilmember Munson moved and Councilmember Denenny seconded to adopt Resolution No. 03 -029 Setting Forth the City's Official Intention to Make Certain Improvements and Betterments to the City's Regional Entertainment Facilities and the Issuance of Limited Tax General Obligation Bonds to Pay Part of the Cost of Such Improvements; Authorizing the Designation of a City Official to Determine Expenditures to be reimbursed with Project Financing: and Providing for Other Matters Properly Relating Thereto. City Manager Mercier introduced bond counsel Michael Ormsby who said this document provides for reimbursement from bonds for staff expense of planning and other activities associated with the Mirabeau CenterPlace project. The motion carried unanimously to adopt Resolution No. 03 -029. Agenda Bill No. 2003 -125, Job Descriptions: Councilmember Denenny moved and Deputy Mayor Wilhite seconded to adopt Resolution No. 03 -031 Adopting Job Descriptions for all City Positions. City Manager Mercier introduced Interim Human Resource Manager Morrison who said that amendments to these job descriptions have been made at the direction of Council to make sure standards are consistent in all positions. The motion carried unanimously to adopt Resolution No. 03 -031. Agenda Bill No. 2003 -126, Employee Pay Plan: Councilmember Denenny moved and Deputy Mayor Wilhite seconded to adopt Resolution No. 03 -032 Adopting a Pay Plan for the City. City Manager Mercier introduced Interim Human Resource Manager Morrison who said that the budget authorizes positions and salaries, and this pay plan is a mechanism to walk employees through a salary range from entry -level to top - level. The motion carried unanimously to adopt Resolution No. 03 -032. Agenda Bill No. 2003 -129, Housing Authority: Councilmember Flanigan moved and Councilmember Munson seconded to adopt Resolution No. 03 -033 Declaring the Need and Authorizing the Spokane Housing Authority to Exercise Authority Within the City of Spokane Valley. City Manager Mercier introduced Dianne Quast, Executive Director of the Housing Authority, who said that following briefing to the Council at a study session, the Board has indicated that there will be a review as to how to take action for providing a voting seat on the Board for Spokane Valley. The motion carried unanimously to adopt Resolution No. 03 -033. Agcnda Bill No. 2003 -127, Bond Underwriter: City Manager Mercier said that three firms have offered their services to the City as bond underwriter, with two of the firms present at this meeting. Sean Keats, Lehman Brothers summarized his involvement in regional projects in the Spokane County area and specifically working with the Public Facilities District on the Mirabeau project. Keats responded to questions of the Council. Jack McLaughlin, D. A. Davidson & Company reviewed his experience as a local bond underwriter in the Spokane area, clarified his proposal relating to bond insurance and Council Minutes, May 13, 2003 Approved by Council, 4 • DRAFT rating, and summarized his firm's ability to develop essential data on Spokane Valley for bond issuance. Interim City Manager Walton said that the Mirabeau project has the support of the voters, there have been many months of meetings with the four agencies involved in the projects to be funded, both of these firms are exceptionally qualified to perform this work, but it is his recommendation that Lehman Brothers be selected as Mr. Keats has been involved during agency discussions over the past months and is expected to serve as the County underwriter, so service for Spokane Valley could be simplified using this firm. Councilmember Taylor moved and Councilmember Munson seconded that the City Manager be authorized to execute an agreement with Lehman Brothers to serve as Bond Underwriter with regard to the proposed issuance of $7.000.000 in Limited General Obligation bonds for the construction of the CenterPlace project located in Mirabeau Park. There was discussion as to the excellent qualifications of both firms, value in dealing locally, securing of rating for the City, complexity of this project and need to recognize expertise for best representation on behalf of Spokane Valley. The motion carried by majority vote to authorize agreement with Lehman Brothers with five aye votes — Deputy Mavor Wilhite. Councilmembers Flaniean. Munson, Schimmels and Taylor; and two nay votes — Mavor DeVlemi.ne and Councilmember Denenny. Agenda Bill No. 2003 -128, Storm Water Services: Interim Attorney Schwartz said that he asked for delay of this agreement since some of the language contained in the agreement is troubling and not what Spokane Valley would expect, so staff will continue to negotiate with Spokane County. City Manager Mercier said that this item will be added to the May 20, 2003 study session agenda to collect all concerns relating to the agreement. Administrative Reports: City Manager Mercier reported that Spokane County has accepted ownership of Dishman Hills. Interim Deputy Manager McNutt reported that staff will analyze revenue and billings recently received from Spokane County and report to the Finance Committee. Interim City Clerk reported that registrations should be made soon for the Association of Washington Cities Annual Conference in Spokane June 18 -20. City Manager Mercier advised that the April 2003 Building Department Report is included in the agenda packet. Each department will be submitting monthly reports to be included in Council packets for the second regular meeting of the month. Executive Session: Mayor DeVleming announced that the Council will go into executive session for approximately 15 minutes to discuss potential litigation, and no action is planned following the executive session. The meeting recessed to executive session at 7:58 p.m. Council Minutes, May 13, 2003 Approved by Council, 5 DRAFT The meeting reconvened from executive session at 8:33 p.m. Adjournment: Councilmember Flanigan moved and Councilmember Munson seconded that the meeting adjourn. The motion carried unanimously. There being no further business the meeting adjourned at 8:35 p.m. ATTEST: APPROVED: Interim City Clerk Ruth Muller Michael DeVleming, Mayor Council Minutcs, May 13, 2003 Approvcd by Council, 6 City of Spokane Valley City Council Study Session May 20, 2003 Mayor DeVleming opened the study session at 6:00 p.m. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councihnembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schim.mels, and Steve Taylor. Staff present: City Manager David Mercier, Deputy City Attorney Cary Driskell, Interim Deputy Manager McNutt, Interim Public Works Director Richard Warren, Interim Engineer Dick Thiel, Interim Parks and Recreation Consultant Bill Hutsinpiller, Interim Long Range Planning Manager Greg McCormick, Interim Current Planning Manager Kim Lyonnais, and Interim City Clerk Ruth Muller. Mirabeau CenterPlace design status report: Interim Parks and Recreation Consultant Hutsinpiller introduced Project Manager Kay Bachman of Avista, and Spokane County Parks Director Doug Chase. Bachman and Chase summarized the status of the Meadows project that is in progress, scheduled for completion by October 2003. This project was awarded for $1.1 million that is under budget estimate of $1.4 for this project. There was discussion about providing a stage for events, and City Manager Mercier said that staff will prepare options for Council review at a future study session. Drawings showing the CenterPlace facility were reviewed, including room and parking capacities. Planning Commission guidelines and rules: Interim Long Range Planning Manager McCormick introduced proposed guidelines and rules for the Planning Commission, noting their meeting schedule. City Manager Mercier said that these are presented for Council review and feedback, then will be approved by the Planning Commission and ratified by the Council on a future agenda. EMAN network franchise: Interim Deputy Manager McNutt, Interim Engineer Dick Thiel and Ed Jacobs of EMAN reviewed changes that have been negotiated to this franchise agreement that is nearly complete for Council action. Council agreed that the term for this franchise be ten years and that six strands of fiber optic cable be dedicated for municipal purposes. Six -Year Transportation Improvement Plan: Interim Engineer Thiel provided a summary of the projects included on the proposed six -year TIP prepared by Spokane County for the City. The TIP is updated annually and provides information to assist agencies as cities compete for federal and state funding. Interim Public Works Director Warren said that the City will evaluate this plan each year to determine if the priorities Council Study Session Notes, May 20, 2003 Approved by Council, 1 remain the same and that the State Transportation Improvememt Board is holding funding for the Couplet until Spokane Valley has an opportunity to complete its comprehensive plan. Council agreed that staff prepare a calendar of the land use/transportation elements for June 3, 2003 study session; and that the City needs to consider an economic study. Council consensus is for a public hearing on this plan at the June 10, 2003 meeting and introduction of adopting ordinance. Barking dog enforcement cost information: City Manager Mercier said that Spokane County Animal Control Director Nancy Hill has submitted analysis of costs for added coverage to provide after hours barking dog enforcement. There was discussion about various methods to address the problem, the number of complaints currently received on various types of dog activity, enforcement difficulties during the late evening hours, and how best to control errant animals. Consensus of the Council is that staff should do further study as to the best method for addressing this issue. Mayor DeVleming recessed the meeting at 7:30 p.m. for approximately ten minutes. The Mayor re- opened the meeting at 7:42 p.m. Street Obstruction Permit Specialist and Seasonal Inspector: City Manager Mercier said that at the May 15, 2003 study session Council agreed on a street obstruction permit fee. With the construction season beginning, staff requests authority to hire additional staff to provide ability to respond to the increase in activity and to assure compliance with City standards. Councilmember Flanigan moved and Councilmember Denenny seconded approval be granted for hiring a permit specialist and a seasonal inspector for street obstruction permits. The motion carried unanimously. Construction project right - of - way acquisitions: City Manager Mercier said that often times there is a need to acquire portions of right -of -way for particular construction projects. State law requires that anytime property is proposed for acquisition or to be released, there must be Council approval. There was discussion of costs for this type of acquisition and that generally the cost is capitalized in construction costs, although the City has a small budget amount for this item. Deputy Mayor Wilhite moved and Councilmember Munson seconded that the City Manager be authorized to execute right-of-way acquisitions as they relate to construction projects. The motion carried unanimously. Budget oversight: There was brief discussion as to the need for all items submitted to include budget, the difficulty developing a budget for the City since there are many unknowns for a new City, the need for Council to meet its oversight responsibility and that monthly financial reports will be available. Council Study Session Notes, May 20, 2003 Approved by Council, 2 .I Ratification of Probation Services Agreement: Interim Deputy Manager McNutt said that Spokane County has responded by providing cost formula as Spokane Valley requested, and the basis for billing costs is included in Section 3. Staff and Council discussed this language and agreed to further discuss several items with Spokane County. Junk Vehicle ordinance: Deputy Attorney Driskell reviewed a draft ordinance for regulation of junk vehicles that focuses on abatement of the problem. Since Spokane has an effective ordinance, it was used as a template with revisions and additions to address abatement. There was discussion about what the zoning code allows, options that Spokane Valley may include, and whether screening should be allowed. Council agreed that staff do more research to give more direction relating to screening of such property use. Consensus is to include this ordinance on the May 27, 2003 agenda for first reading. Stormwater services agreement: Interim Public Works Director Warren said that this agreement provides for Spokane Valley to use its own standards and to do project review, the City is collecting money under the stormwater utility to address necessary projects, and that there has been language included to address the County's concern about need to adopt regulations. Council agreed that this agreement be included on the May 27, 2003 agenda for adoption; and also to provide time on that agenda for public comment on stormwater regulations. Sewer Extensions and Operation (STEP): Interim Public Works Director Warren introduced Bruce Rawls and Brenda Sims from Spokane County Utilities. Warren said that the County has been working to provide sewers over a long period of time and the County has done an excellent job of community involvement. Two bids have been received that are somewhat less than what Spokane Valley has budgeted. Money is held in a County reserve fund from individual property assessments that is available for Spokane Valley to use for these improvements. Future treatment facility costs may be necessary based upon cost estimates. Spokane County will be the Spokane Valley Utility for residents to pay the normal rate. In accordance with a recent funding and financing paper from Bruce Rawls, there will need to be discussion with Spokane Valley for any increase in one -time connection fees or for monthly rate increases. Council agreed that this agreement be included on the May 27, 2003 agenda for action. WSDOT temporary easement: Interim Public Works Director Warren said that during the construction on 1 -90 this year, there will be a sound wall constructed between Argonne and Pines. It is necessary to grant a temporary easement to WSDOT for access to the area for this construction, and the easement will cease once construction is complete. Council agreed that this item be included on the May 27, 2003 agenda for action. Existing Franchise Ordinances: City Manager Mercier provided a listing of the existing Spokane County franchises within the boundaries of Spokane Valley. It will be necessary for the City to grant franchises to these agencies. Staff is now prioritizing these franchises, and will be bringing them for Council review at future study sessions. Council Study Session Notes, May 20, 2003 Approved by Council, 3 Advance Agenda Items: Councilmember Munson said that he feels it is important for the Council to set priorities for items on the agenda. There was discussion of the procedure for setting agenda items and the need for these to be as prioritized by the Council. City Manager Mercier suggested that each Councilmember prepare for their five most important work priorities for the balance of 2003 for possible discussion at the June 17, 2003 study session. Council laptop training: Interim Deputy Manager McNutt said that training for use of the software to be used for Council meeting agendas will begin for those able to attend on May 22, 2003 at 5:00 p.m. COPS Funding Program: Councilmember Taylor said that he has set up a conference call for City elected officials and staff with the Department of Justice May 21, 2003, 8:00 a.m. for discussion of the COPS funding program. City Manager Commentary: City Manager Mercier provided a report on nine newly hired City employees (not interim). Department head recruitment is underway and he hopes that these positions can be filled soon. There are several more steps necessary before a Chief of Police selection can be announced. An ordinance establishing a Public Safety Department will be presented at a future study session. Mayor DeVleming reminded councilmembers of the June 25 Emergency Management Systems regional elected officials briefing, and preliminary briefing at the June 3, 2003 study session. There being no further business, Mayor DeVleming closed the study session at 9:05 p.m. ATTEST: APPROVED: Interim City Clerk Ruth Muller Michael DeVleming, Mayor Council Study Session Notes, May 20, 2003 Approved by Council, 4 DATE ACTION IS REQUESTED: Tuesday, June 10, 2003 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Finance TITLE: - STAFF RECOMMENDS: Approval of Voucher Summary report attached DISCUSSION: ALTERNATIVES: FISCAL IMPACT: SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION ATTACHMENTS: (a) Voucher Summary Report TYPE OF ACTION: Ordinance Resolution Motion X Other 4 1/28/2003 5 2/7/2003 6 2/21/2003 7 3 /7/2003 8 3/21/2003 9 4/4/2003 10 4/18/2003* 11 4/18/2003 12 5/2/2003 13 5/16/2003 14 5/30/2003 Total City of Spokane Valley Voucher Summary Report Batch # Date Amount 1 12/18/2002 $ 63,890.57 2 12/28/2002 3 1/14/2003 $84,706.76 Month Total $102,593.98 $ 166,484.55 $105,554.00 $ 190,260.76 $117,571.02 $198,058.78 $139,739.71 $135,837.03 8280,485.13 $153,401.74 $153,305.98 $289,781.60 $245,227.14 349,269.29 $ 2,419,422.73 $315,629.80 $275,576.74 $587,192.85 $535,008.74 349,269.29 $2,419,422.73 DATE ACTION IS REQUESTED: Tuesday, June 10, 2003 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: SUBMITTED BY: ' STAFF RECOMMENDS: Approval of Payroll Worksheet DISCUSSION: ALTERNATIVES: FISCAL IMPACT: SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION ATTACHMENTS: (a) Payroll Workshop TYPE OF ACTION: Ordinance Resolution Motion X Other Payroll Worksheet Name Semi - Monthly Hourly Rate Pers Rate L &I Rate (Hr) Regular Hours 1,277.85 Sick - Holiday 104.00 Vacation 4.00 Total Reg Hours 1,385.85 OT Hours 35.65 Total Work Hours 1,421.50 Reg Pay 29,295.26 OT Pay 844.76 Total Pay 30,140.02 Deductions FIT 2,511.00 Medi 437.04 Soc Security 315.36 401a 1,527.47 401a Retr 899.50 Pers 374.99 457 4,054.28 L& I 113.26 Medical (GH) - Net Pay 19,907.13 Employer Costs Medicare 437.04 Soc Security 315.36 401a 1,527.47 401 a Retr 1,006.25 Pers . 248.50 L& I 28.7.15 Medical Total Payroll Cost 3,821.77 33,961.79 DATE ACTION IS TITLE: Stage of Mirabeau Meadows TYPE OF ACTION: REQUESTED: Tues, June 10 Ordinance APPROVED FOR COUNCIL PACKET: Resolution x City Manager x Motion x_ Dept. Head Other Attorney Approve As To Form SUBMITTED BY: Bill Hutsinpiller STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Approve to install a 40' x 40' x 32" concrete stage with ADA ramp, lights and sound system. Estimated cost to make this improvement would be $70,000. There is currently over $250,000 left in the budget for Mirabeau Meadows. This improvement will be located adjacent to the trail coming from the parking lot between the restroom building and the picnic shelter. DISCUSSION: ALTERNATIVES: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION FISCAL IMPACT: SOURCE OF FUNDS: general revenue AMOUNT BUDGETED: $ AMOUNT NEEDED FOR PROJECT: Estimated $70,000 DATE ACTION IS TITLE: ICMA -RC Retirement TYPE OF ACTION: REQUESTED: June 10, 2003 Health Savings Plan for City Manager and other interested employees. Ordinance a3-s YX Resolution APPROVED FOR COUNCIL PACKET: ATTACHMENTS: City Manager 1. Adoption Agreement 2. Declaration of Trust Dept. Head Attorney Approve As To Form Motion Other SUBMITTED BY: Don Morrison STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Approve the Resolution as written DISCUSSION: Section 4.C2 of the employment agreement between the City Manager and the City provide for the establishment of an ICMA -RC Retirement Health Saving Plan. There is no City contributions to Plan and all employees would be eligible to participate on a self -pay basis. This resolution and accompanying documents establish the Plan. ALTERNATIVES: None CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. FISCAL IMPACT: Nominal (some staff time for processing paperwork) SOURCE OF FUNDS: NA AMOUNT BUDGETED: NA AMOUNT NEEDED FOR PROJECT: No cost to establish plan. Contributions to plan would be a voluntary payroll deduction from employees choosing to participate. ATTEST: Adopted this day of June 2003. Christine Bainbridge, City Clerk Approved as to Form: Stanley M. Schwartz, City Attorney CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03-035 A RESOLUTION OF TFIE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING A RETIREE HEALTH SAVINGS PLAN FOR CITY EMPLOYEES. WHEREAS, the City has employees rendering valuable services; and WHEREAS, the establishment of a retiree health savings plan for such employees serves the interest of the City by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City Council has determined that the establishment of the retiree health savings (RHS) plan (the "Plan ") serves the above objectives; NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Plan Adopted. The City Council hereby adopts the Plan, attached hereto as appendix "A" in the form of the ICMA Retirement Corporation's VantageCare Retirement Health Savings Program Adoption Agreement. Section 2. Plan Trustee. The assets of the Plan shall be held in trust with the City serving as trustee for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The City hereby adopts the Declaration of Trust of the City of Spokane Valley Integral Part Trust in the form of the model trust made available by the ICMA Retirement Corporation, attached hereto as Appendix "B" and directs the City Manager to execute the same. Section 3. Plan Coordinator. The City Manager shall be the coordinator and contact for the Plan and shall receive necessary reports, notices, etc. Section 4. Effective Date, This Resolution shall be in full force and effective upon adoption. P:1City ClerllResolutions\Estublishing Retiree Health Savings Plan 03- 035.doc City of Spokane Valley Mayor Michael DeVleming 1 Number: 8 003 =.3 __.iployer Retirement Health Savings Plan Name: City of Spokane Valley Retirement Health Savings Plan I. Employer Name: City of Spokane Valley State: WA II. The Employer hereby atests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government. III. The Effective Date of the Plan: May 1, 2003 IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare ben- efit plan(s) established by the Employer: V. Eligible Groups and Participant Eligibility Requirements A. The following group or groups of Employees are eligible to participate in the VantageCare Retirement Health Savings Plan: The group specified must correspond to a group of the same designation that is defined in the statutes, ordi- nances, rules, regulations, personnel manuals or other material in effect in the stale or locality of the Employer. 1 if this box is checked, in lieu of mandatory participation, the Employer provides for a one -time irrevoca ble election by eligible Employees to participate in RHS. Until such time, as the election is made, the Employee shall not participate in the Plan or receive contributions pursuant to Section VI. Newly eligible Employees shall be provided an election window of 60 days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate. Participation may begin no earlier than the calendar month following the end of the election window. If the Employee does not make the election in the year of initial eligibility, the election to participate may be made in a later year. An annual election window of 60 days no more than 60 calendar days) shall be provided during which the election may be made. The election window shall run from Oct 1 to liov 30 (insert your annual time frame for the election window, e.g. October 1 to November 29). Participation may begin no earlier than the calendar year following the year of the elec- tion. Appendix "A" EMPLOYER VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN ADOPTION AGREEMENT R All Employees All Full -Time Employees Non -Union Employees Public Safety Employees — Police Public Safety Employees -- Firefighters General Employees Collectively- Bargained Employees (Specify unit) Other (specify below) Once made, the election is irrevocable a rid may not be revoked >,vhile the participant is a member of the group covered by the RHS plan. If the Employer's underlying welfare benefit plan or funding under this VantageCare Retirement Health Savings Plan is in whole or part a non - collectively bargained, self - insured plan, the nondiscrimination requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxation on the benefits received 1 1 by highly compensated Employees if the Plan discriminates in favor of highly compensated Employees in terms of eligibility or benefits. The Employer should discuss these rules with appropriate counsel. • B. Participant Eligibility 1. Minimum period of service required for participation is NA (write N/A if an Employee is eligible to parti... pate or to elect to participate immediately upon employment). 2. Minimum age required for eligibility to participate is NA (write N/A if no minimum age is required). VI.Contribution Sources and Amounts A. Mandatory Contributions El 1. Direct Employer Contributions The Employer shall contribute on behalf of each Participant Year. Definition of earnings: El 2. Mandatory Leave Contributions base annual salary The Employer will make mandatory contributions of leave as follows: Accrued Sick Leave* 71 Yes El No Accrued Vacation* ❑ Yes El No Other* (describe) E1 Yes ❑ No * Please provide the formula for determining the Accrued Leave contribution: % of earnings or $ for the Plan An Employee shall not have the right to discontinue or vary the rate of annual leave contributions. ❑ 3. Mandatory Employee Compensation Contributions The Employer will make mandatory contributions of Employee compensation as follows: Q Reduction in Salary - % of earnings (as defined in VI.A.1.) or $ will be contributed for the Plan Year. Decreased Merit or Pay Plan Adjustment - All or a portion of the Employees' annual merit or pay plan adjustment will be contributed as follows: An Employee shall not have the right to discontinue or vary the rate of mandatory contributions of Employee compensation. 12 B. Elective Contributions 1 Elective Pre -Tax Contributions Employer will permit each Employee to make the following elections to make pre -tax contributions to the Plan: 11 a. Irrevocable Election for Pre -Tax Contributions from Compensation: A one -time, irrevocable election of the amount of Employer contributions of compensation made on his or her behalf. The Employer limits the amount elected to either a fixed percentage or a range of percentages of an Employee's earnings of earnings (as defined in VI.A.1.) or up to 25 % of earnings (as defined in VI.A.1) for the Plan Year. , Newly eligible Employees shall be provided an election window of 60 days (no more than 60) from the date of initial eligibility during which they may make the election to contribute. Contributions may begin no earlier than the calendar month following the end of the election window. If the Employee does not make the election in the year of initial eligibility, the election to contribute may be made in a later year. An annual election window of 60 days (no more than 60) shall be provided during vvhich the election may be made. The election window shall run from Oct ! to Nov 30 (insert your annual time frame for the election window). Contributions may begin no ear- lier than the calendar year following the year of the election. Once made, the election is irrevocable and may not be revoked. -1 h. Irrevocable Election for Pre -Tax Contributions of Accrued Leave: A one -time, irrevocable election of the amount of employer contributions of Employee accrued s 1 Yes � 1.71 vacation L1 No The Employer limits the amount elected as shown below: (describe) leave made on his or her behalf. Newly e.ligible Employees shall be provided an election window of days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to contribute. Contributions may begin no earlier than the calendar month following the end of the election window. the Employee does not make the election in the year of initial eligibility, the election to contribute may be made in a later year. An annual election window of days (no more than 60 calendar days) shall be provided during which the election may be made. The election window shall run from to (insert your annual time frame for the election window). Contributions may begin no earlier than the calendar year following the year of the election. • - • ' Once rnade, the election is irrevocable and may not be revoked. c: Annual Prospective Election for Pre -Tax Contributions of Leave: An annual, irrevocable election to have his or her 1 sick 71 vacation L other (describe) leave to be accrued in the next calendar year contributed to the Plan on his or her behalf . 13 The Employer limits the amount elected as shown below: Contributions of future leave accruals will be remitted to the Plan ❑ as earned ❑ at the end of the calendar year. The election to contribute must be made in the calendar year before the year in which contributions are to begin. Once made, the election shall apply to succeeding calendar years unless otherwise revised or revoked by the Employee on an annual basis. An annual election window of days (no more than 60 calendar days) is provided during which eligible Employees may make the election to contribute. The election window shall run from to (insert your annual time frame for the election window). In adopting section a, b, and /or c, the Employer acknowledges that the Internal Revenue Service has not ruled on irrevocable election contributions in an integral part trust. ICMA -RC has obtained the advice of counsel that such contributions are allowable under the conditions outlined in this Adoption Agreement. The Employer should discuss this issue with appropriate counsel. 2. Voluntary After -Tax Contributions Each Employee may contribute up to 25 % of earnings as defined in VI.A.1.) or S _ S. for the Plan Year on a voluntary after -tax basis. In no event may aggregate Employee voluntary after -tax contributions exceed 25% of total contributions in any Plan Year. An Employee shall have the right to discontinue or vary the rate of elective after -tax contributions of Employee earnings. By adopting this section, the Employer acknowledges that the Internal Revenue Service has declined to rule Employee after tax contributions in an integral part trust. ICMA -RC has obtained the advice of counsel that sucn contributions are allowable in an insubstantial amount (i.e. no more than 25% of total contributions in any Plan Year). The Employer should discuss this issue with appropriate counsel. C. Limits on Total Contributions The total contribution on behalf of each Participant (including both Mandatory and Elective Contributions) for each Plan Year shall not exceed the following limit(s): ❑ % of earnings (as defined in VI.A.1.). ❑ $ in There is no Plan- defined limit on the percentage or dollar amount of earnings that may be contributed. Limits on individual contribution types are defined within the appropriate section above. See Section V.A. for a discussion of nondiscrimination rules that may apply to non - collectively bargained self - insured Plans. 14 VII. Vesting Schedule A. The account is 100% vested at all times, unless specified otherwise in B. below. The following vesting schedule applies to Direct Employer Contributions outlined in VI.A.1: C. The account will become 100% vested upon the death, disability, retirement, or attainment of benefit eligibility by a Participant. Definition of retirement: D. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not count toward the vesting schedule outlined in B. above. VIII. Forfeiture Provisions Years of Specified Service Percent Completed Vesting ° Io ° !o 7 on separation from the service of the Employer or upon reversion to the Trust of a Participant's account sets remaining upon the participant's death (as outlined in Section XI), a Participant's non - vested funds shall: Q Remain in the Trust to be reallocated among all Plan Participant's as Direct Employer Contributions for the next and succeeding contribution cycle(s). O Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants. !1 Remain in the Trust to be reallocated among all Plan Participants based upon Participant account bal- ances. O Revert to the Employer. In the case of separation from service, the Participant's non - vested funds shall be applied as shown above. In the case of reversion due to the Participant's death under Section XI, the remaining account assets shall be applied as shown above. IX. Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement Health Savings Plan A. A Participant is eligible to receive benefits: At retirement only (as defined in Section VII.C.) X At separation from service with the following restrictions At age only At retirement.and age At retirement or age 15 B. Termination prior to general benefit eligibility: A Participant who separates from the service of the Employer prior to attaining benefit eligibility as outlined in Section IX.A. or C. will be eligible to receive benefits: Immediately upon separation from service. Q At age C. A Participant who dies or becomes totally and permanently disabled (as defined by the Social Security Administration) will become immediately eligible to receive medical benefit payments from his/her VantageCare Retirement Health Savings Plan account. X. Permissible Medical Benefit Payments Benefits eligible for payment consist of A. X All Medical Expenses eligible under IRC Section 213'' other than direct Tong -term care expenses, OR B. The following Medical Expenses (select only the expenses you wish to cover under the VantageCare Retirement Health Savings Plan): Medical Insurance Premiums Medical Out -of- Pocket Expenses* Medicare Part B Insurance Premiums Medicare Supplement Insurance Premiums COBRA Premiums Dental Insurance Premiums Dental Out -of- Pocket Expenses' Long Term Care Insurance Premiums Other (Must be eligible under IRC Section 213)* . See Section V.A. for a discussion of nondiscrimination rules which may apply to non - collectively bargained, self - insured Plans. XI. Death Benefit In the event of a Participant's death, the following shall apply: Account Transfer: The surviving spouse and /or surviving eligible dependents (as defined in Section XIII.F.) of the deceased Participant are immediately eligible to maintain the account and utilize it to fund eligible medical bene- fits specified in Section X above. Upon notification of a Participant's death, the Participant's account balance will be transferred into the Vantagepoint Money Market Fund". The account balance may be reallocated by the surviving spouse or dependents. * Please read the current prospectus carefully prior to investing. An investment in this fund is neither insured nor guaranteed and there can be no assurance that the Fund will be able to maintain a stable net asset value of $1.00 per share. Vantagepoint Mutual Funds are distributed by ICMA -RC Services, LLC, a controlled affiliate of ICMA Retirement Corporation. Member NASD/SIPC. If a Participant's account balance has not been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible depend- ents, the balance will be available for medical benefits for the designated beneficiary of the last dependent or spouse to die. Assets remaining upon the death of a designated beneficiary shall be available for medical bene; fits of the beneficiary's designated beneficiary. If there is no living beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. 16 There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's spouse's or dependent's designated beneficiary(ies). are are no living spouse or dependents at the time of death of the Participant, the account will be available -- are benefits for the designated beneficiary(ies) of the Participant. Assets remaining upon the death of all o sgnated beneficiaries shall be available for medical benefits of the beneficiary's beneficiary. If there is no liv- ing beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's beneficiary(ies) or any beneficiary's beneficiary. XII. De Minimis Accounts Upon separation from the service of the Employer prior to a Participant becoming eligible for medical benefits from a VantageCare Retirement Health Savings Plan account, Participant accounts that are considered de min - imis as specified below will be paid to the Participant. [171 The de minimis account value shall be $5,000 or Tess. Q The de minimis account value shall be $ (insert dollar amount between $0 and $5,000) or Tess. ❑ The Plan shall not allow de minimis account distributions. XIII. The Plan will operate according to the following provisions: A. Employer Responsibilities 1. The Employer will submit all VantageCare Retirement Health Savings Plan contribution data via electronic submission. 2. Participant status updates and /or changes or personal information updates and /or changes (Participants' termination dates, Participants' benefit eligibility dates, etc.) will be provided via electronic submission. B. Participant account administration fees will be paid through the redemption of Participant account shares, unless agreed upon otherwise in the Administrative Services Agreement. C. Employer plan fees will be paid by the Employer as outlined in the Administrative Services Agreement. D. Assignment of benefits is not permitted. E. Payments to an alternate payee (payee other than a Participant) are not permitted with the exception of reim- bursement of health insurance premiums to the Employer. F. An eligible dependent is the Participant's lawful spouse and any other individual who is a person described in IRC Section 152(a). G. The Employer will be responsible for withholding, reporting and remitting any applicable taxes, as outlined in the VantageCare Retirement Health Savings Plan Employer Manual. XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Employer VantageCare Retirement Health Savings Plan Adoption Agreement may result in the Toss of tax exemption of the ist and /or loss of tax - deferred status for Employer contributions. 17 EMPLOYER By: Title: Attest: Accepted: Vantagepoint Transfer Agents, LLC Corporate Treasurer 18 Appendix "B" referred to as the "Trustee "). VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN DECLARATION OF TRUST OF THE City of Spokane Valley, WA • NAME OF EMPLOYER INTEGRAL PART TRUST Declaration of Trust made as of the 1 day of May , 20 03 , by and between the City of Spokane Valley , Washington Name of Employer the Type of Entity (hereinafter referred to as the "Employer ") and City Manager or its designee (hereinafter Name of Trustee RECITALS WHEREAS, the Employer is a political subdivision of the State of Washington exempt from federal income tax under the Internal Revenue Code of 1986; and state WHEREAS, the Employer provides for the security and welfare of its eligible employees (here- inafter referred to as "Participants "), their Spouses, Dependents and Beneficiaries by the maintenance of one or more post - retirement welfare benefit plans, programs or arrangements which provide for life, sickness, medical, disability, severance and other similar benefits through insurance and self - funded reimbursement plans (collectively the "Plan "); and WHEREAS, it is an essential function and integral part of the exempt activities of the Employer to assist Participants, their Spouses, Dependents and Beneficiaries by making contributions to and accu- mulating assets in the trust, a segregated fund, for post- retirement welfare benefits under the Plan; and WHEREAS, the authority to conduct the general operation and administration of the Plan is vested in the Employer or its designee, who has the authority and shall be subject to the duties with respect to the trust specified in this Declaration of Trust; and WHEREAS, the Employer wishes to establish this trust to hold assets and income of the Plan for the exclusive benefit of Plan Participants, their Spouses, Dependents and Beneficiaries; NOW, THEREFORE, the parties hereto do hereby establish this trust, by executing the Declara- tion of Trust of the City of Spokane Valle Integral Part Trust (hereinafter referred to Mame of mployer l as the "Trust "), and agree that the following constitute the Declaration of Trust (hereinafter referred to as the "Declaration "): 4 a City Govt. RETAIN BOOKLET ARTICLE 1 Definitions 1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective meanings set forth below unless otherwise expressly provided. (a) "Account" means the individual recordkeeping account maintained under the Plan to record the interest of a Participant in the Plan in accordance with Section 7.4. (b) "Administrator" means the Employer or the entity designated by the Employer to carry out admin- istrative services as are necessary to implement the Plan. (c) "Beneficiary" means the Spouse and Dependents, or the person or persons designated by the Participant pursuant to the terms of the Plan, who will receive any benefits payable hereunder in the event of the Participant's death. A Beneficiary may also designate a beneficiary(ies) to receive any benefits payable hereunder in the event of the preceding Beneficiary's death, until the satisfac- tion of all liabilities under the Plan to provide benefits. In the case where there is no designated Beneficiary, any amount of contributions, plus accrued earnings thereon, remaining in the Account must, under the terms of the Plan, be returned to the Trust. (d) "Code" means the Internal Revenue Code of 1986, as amended from time to time. (e) "Dependent" means an individual who is a person described in Code Section 152(a). (f) "investment Fund" means any separate investment option or vehicle selected by the Employer in which all or a portion of the Trust assets may be separately invested as herein provided. The Trustee shall not be required to select any Investment Fund. (g) "Nonforfeitable Interest" means the interest of the Participant or the Participant's Spouse, Depend- ent or Beneficiary (whichever is applicable) in the percentage of Participant's Employer's contribu- tion which has vested pursuant to the vesting schedule specified in the Employer's Plan. A Partici- pant shall, at all times, have a one hundred percent (100%) Nonforfeitable Interest in the Partici- pant's own contributions. (h) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which the Participant has his primary place of residence. (i) "Trust" means the trust established by this Declaration. (j) 'Trustee" means the Employer or the person or persons appointed by the Employer to serve in that capacity. 5. RETAIN BOOKLET ARTICLE VI Investments 6.1 The Employer may appoint one or more investment managers to manage and control all or part of the assets of the Trust and the Employer shall notify the Trustee in writing of any such appointment. 6.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and shall act solely as a directed Trustee of the assets of which it holds title. To the extent directed by the Employer (or Participants, their Spouses and Dependents, or Beneficiaries to the extent provided herein) the Trustee is authorized and empowered with the following powers, rights and duties, each of which the Trustee shall exercise in a nondiscretionary manner: (a) To cause stocks, bonds, securities, or other investments to be registered in its name as Trustee or in the name of a nominee, or to take and keep the same unregistered; (b) To employ such agents and legal counsel as it deems advisable or proper in connection with its duties and to pay such agents and legal counsel a reasonable fee. The Trustee shall not be liable for the acts of such agents and counsel or for the acts done in good faith and in reliance upon the advice of such agents and legal counsel, provided it has used reasonable care in selecting such agents and legal counsel; (c) To exercise where applicable and appropriate any rights of ownership in any contracts of insurance in which any part of the Trust may be invested and to pay the premiums thereon; and (d) At the direction of the Employer (or Participants, their Spouses, their Dependents, their Benefi- ciaries, or the investment manager, as the case may be) to sell, write options on, convey or transfer, invest and reinvest any part thereof in each and every kind of property, whether real, personal or mixed, tangible or intangible, whether income or non - income producing and wherever situated, including but not limited to, time deposits (including time deposits in the Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of interest), shares of common and preferred stock, mortgages, bonds, leases, notes, debentures, equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securi- ties and other corporate, individual or government securities or obligations, annuity, retire- ment or other insurance contracts, mutual funds (including funds for which the Trustee or its affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units of any other common, collective or commingled trust fund. 6.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as title holder only. Persons holding custody or possession of assets titled to the Trust shall include the Employer, the Administrator, the investment manager, and any agents and subagents, but not the Trustee. The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from compliance with any direction from the Employer, the Administrator, the investment manager, or such agents to take title to any assets nor shall the Trustee be responsible or liable for any Toss or expense which may result from the Trustee's refusal or failure to comply with any direction to hold title, except if the same shall involve or result from the Trustee's negligence or intentional misconduct. The Trustee may refuse to comply with any direction from the Employer, the Administrator, the investment manager, or such agents in the event that the Trustee, in its sole and absolute discretion, deems such direction illegal. 6.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims, demands, liabilities, losses, damages or reasonable expenses of whatsoever kind and nature in connection with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the directions of the Employer or its agents and subagents hereunder, or (ii) any disbursements of any part of the Trust made by the Trustee in accordance with the directions of the Employer, or (iii) any action taken by or omitted in good faith by the Trustee with respect to an investment managed by an investment manager in accordance with any direction of the investment manager or any inaction with respect to any 7 RETAIN BOOKLET 7.6 No amount in any Account maintained under this Trust shall be subject to transfer, assignment, OT alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of the Em- ployer, the Trustee, any Participant, his Spouse, Dependent, or Beneficiaries. 7.7 Upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer. ARTICLE VIII Other Plans If the Employer hereafter adopts one or more other plans providing life, sickness, accident, medical, disability, severance, or other benefits and designates the Trust hereby created as part of such other plan, the Employer or, if so designated by the Employer, the Administrator or an investment manager or an- other agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder contributions to such other plans. In that event (a) the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, may commingle for invest- ment purposes the contributions received under such other plan or plans with the contributions previously received by the Trust, but the books and records of the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, shall at all times show the portion of the Trust Fund allocable to each plan; (b) the term "Plan° as used herein shall be deemed to refer separately to each other plan; and (c) the term "Employer° as used herein shall be deemed to refer to the person or group of persons which have been designated by the terms of such other plans as having the authority to control and manage the operation and administration of such other plan. ARTICLE IX Disbursements and Expenses 9.1 The Employer or its designee shall make such payments from the Trust at such time to such persons and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no payment shall be made, either during the existence of or upon the discontinuance of the Plan (subject to Section 7.7), which would cause any part of the Trust to be used for or diverted to purposes other than the exclusive benefit of the Participants, their Spouses and Dependents, and Beneficiaries pursuant to the provisions of the Plan. 9.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of the Participants to whom or to whose Spouse, Dependents, or Beneficiaries such payments are to be made, and no person shall be entitled to look to any other source for such payments. 9.3 The Employer, Trustee and Administrator may be reimbursed for expenses reasonably incurred by them in the administration of the Trust. All such expenses, including, without limitation, reasonable fees of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against and shall be paid from the Trust upon the direction of the Employer. ARTICLE X Accounting 10.1 The Trustee shall not be required to keep accounts of the investments, receipts, disbursements, and other transactions of the Trust, except as necessary to perform its title - holding function hereunder. All accounts, books, and records relating thereto shall be maintained by the Employer or its designee. 9 C., RETAIN BOOKLET ARTICLE XIV Limited Effect of Plan and Trust Neither the establishment of the Plan and the Trust or any modification thereof, the creation of any fund or account, nor the payment of any benefits, shall be construed as giving to any person covered under the Plan or other person any legal or equitable right against the Trustee, the Administrator, the Employer or any officer or employee thereof, except as may otherwise be expressly provided in the Plan or in this Declaration. ARTICLE XV Protective Clause Neither the Administrator, the Employer, nor the Trustee shall be responsible for the validity of any con- tract of insurance or other arrangement maintained in connection with the Plan, or for the failure on the part of the insurer or provider to make payments provided by such contract, or for the action of any per- son which may delay payment or render a contract void or unenforceable in whole or in part. 11 APPROVED FOR Attorney Approve As To Form SUBMITTED BY: Don Morrison ALTERNATIVES: None CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. DATE ACTION IS TITLE: ICMA -RC 401 REQUESTED: June 10, 2003 Retirement Plan for City Manager TYPE OF ACTION: Ordinance COUNCIL PACKET: ATTACHMENTS: XX Resolution 1. Adoption Agreement City Manager 2. Declaration of Trust Motion Dept. Head Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Approve the Resolution as written DISCUSSION: Sections 5.A and 5.B of the employment agreement between the City Manager and the City provide for the establishment of a separate ICMA -RC 401 PERS Substitute retirement plan for the City Manager. This resolution and accompanying documents establishes that plan. FISCAL IMPACT: SOURCE OF FUNDS: General Fund AMOUNT BUDGETED: NA AMOUNT NEEDED FOR PROJECT: No cost to establish plan. Contributions to plan will be as provided in the employment agreement. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03-036 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING A 401 MONEY PURCHASE RETIREMENT PLAN WHEREAS, the City Council has entered into an employment agreement with the City Manager which provides, in part, for the establishment of a separate requirement program for the City Manager in lieu of the Washington Public Employees Retirement System (PERS); and WHEREAS, the establishment of a money purchase retirement plan benefits the City Manager by providing funds for retirement and funds for his beneficiaries in the event of death; and WHEREAS, the City Council desires that its money purchase retirement plan be administered by the ICMA Retirement Corporation and that the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Plan Adopted. The City Council hereby establishes an additional money purchase retirement plan (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan & Trust, pursuant to the specific provisions of the Adoption Agreement, attached hereto as Appendix "A." The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries. Section 2. Declaration of Trust. The City hereby accepts and adopts the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix "B," intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the ICMA Retirement Trust. Section 3. Trustee. The City as Employer hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the ICMA Retirement Trust. Section 4. Plan Coordinator. The Finance Director of the City shall be the coordinator for the Plan; shall receive reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the Employer, any required votes under the ICMA Retirement Trust; may delegate any administrative duties relating to the Plan to appropriate staff; and is authorized to execute all necessary agreements with the TCMA Retirement Corporation incidental to the administration of the Plan. Section 5. Effective Date. This Resolution shall be in full force and effective upon adoption. ADOPTED this day of June 2003. ATTEST: Mayor Michael DeVleming Christine Bainbridge, City Clerk Approved as to Form: Stanley M. Schwartz, City Attorney City of Spokane Valley Appendix "A " ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT The Employer hereby establishes a Money Purchase Plan and Trnst to be known as (the "Plan ") in the form of the ICIvLA, Retirement t Corporation Governmental Money Purchase Plan and Trust.T e Plan shall be kriown as: City of Spokane Valley City Manager's PERS Substitute Plan This Plan is an amendment and restatement of an existing defined contribution money purchase p]an. Q Yes Io - If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: I. Employer Name: City of Spokane Valley, WA Account Number 10- 8382 II- The Effective Date of the Plan shall be the first day of the PlanYear during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specif ed: may 1, 2003 II)- PlanYear will mean: ELIGEBILITY REQUIREMENTS' MPPAdapoan resul tot 413012U00 1, The following groups) of Employees are eligible to participate in the Plan: X MI Employees All Full -Time Employees Salaried Employees Non -union Employees Management Employees Public Safety Employees Genera] Employees Other (specify below): Cit Manager [90 6] [P02) The twelve 012.) consecutive month period which coincides with the lirnita- tiort year. (See Section 5.04(i) of the Plan.) (803) ❑ The twelve (12) consecutive month period commencing on and each anniversary thereafter. [803] Normal l etirement Age (not to exceed age 65) shall be age 55 [288J The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel man»als or other material in effect in the state or locality of the Employer. 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be N/A write N/A if an Employee is eligible to participate upon employment). If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The N/A (not to exceed age 21). Write N/A if no mini- minimum age requirement is mum age is declared. VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows (choose one): Fixed Employer Contributions With Or Without Mandatory Participant Contributions. The Employer shall contribute on behalf of each Participant 21 % of earnings or $ -- for the PlanYear (subject to the limitations of ArticleV of the Plan). Each Participant is required to contribute 0 % of earnings or $ 0 for the PlanYear as a condition of participation in the Plan. (Write "0" if no contribution is required.) If Participant Contributions are required under this option, a Participant shall not have the right to discontinue or vary the rate of such contribu- tions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory/Required Participant Contribution. 1 Yes ❑ No [621] The pick -up provision specifies that the contribution is treated, for federal income tax purposes, as though it is made by the emp]oyer.The pick -up provision allows the employee to defer taxes on the employee mandatory contribution.The actual result is the same as if the contribu- tion were a reduction in that employee's salary by the amount of the contribution. Picked up contributions are NOT exempt from Social Security ray [Note to Employer: A determination letter issued to an adopting Em- ployer is not a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participant's gross income for federal income tax purposes. The Employer may seek such a ruling. (3443 (341] 2 NiPP Adoption Agreement 4/30/2000 [Picked up contributions are excludable from the Participant's gross income under section 414(h)(2) of the Internal Revenue Code of 1986 only if they meet the requirements of Rev. Rul. 81 -35, 1981 -1 C.B. 255. Those requirements are (1) that the Employer must specify that the contributions, although designated as employee contributions, are being paid by the Employer in lieu of contributions by the employee; and (2) the employee must not have the option of receiving the contributed amounts directly instead of having them paid by the Employer to the plan.] ❑ Fixed Employer Match of Participant Contributions. The Employer shall contribute on behalf of each Participant % of Earnings for the PlanYear (subject to the limitations ofArticleV of the Plan) for each PlanYear that such Participant has contributed % of Earnings or $ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any PlanYear, in which case no Employer contribution will be made on the Participant's behalf in that PlanYear. ❑ Variable Employer Match Of Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations ofArticleV of the Plan): % of the contributions made by the Participant for the Plan Year (not including Participant contributions exceeding % of Earnings or $ ); PLUS % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Participant contributions exceeding in the aggregate of Earnings or $ ). Employer Contributions on behalf of a Participant for a PlanYear shall not exceed $ or % of Earnings, whichever is more or less. 2 Each Participant may make a voluntary (unmatched), after -tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan. Ma Yes ❑ No MPP Adoption Agreement 4/30/2000 3 r 3. Employer contributions and Participant contributions shall be contributed to the Trust in accordance with the following payment schedule: (please circle one choice) [611] 0 Bi- Weekly 1 Weekly 2 Semi - Weekly 3 Bi- Monthly ® Monthly 5 Semi - Monthly 6 Bi- Quarterly 7 Quarterly 8 Semi - Quarterly 9 Bi- Annually 10 Annually 11 Semi - Annually VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: (a) Overtime ❑ Yes XU No (b) Bonuses ❑ Yes • x) No VIII. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 and 5.03 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan main- tained by the Employer, the provisions of Section 5.02(a) through (f) of the Plan will apply unless another method has been indicated below 0 Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Em- ployer discretion.) 2. If the Participant is or has ever been a participant in a defined benefit plan maintained by the Employer, and if the limitation in Section 5.03 of the Plan would be exceeded, then the Participant's Projected Annual Benefit under the defined benefit plan shall be reduced in accordance with the terms thereof to the extent necessary to satisfy such limitation. If such plan does not provide for such reduction, or if the limitation is still exceeded after the reduction, annual additions shall be reduced to the extent necessary in the manner described in Sections 5.02 and 5.02. The methods of avoiding the limita- tion described in this paragraph will not apply if the Employer indicates another method below. 4 MPP Adoption Agreement 4/30/2000 IX. VESTING PROVISIONS CJ Other Method. (Note to Employer: Provide below language which will satisfy the 1.0 limitation of section 415(e) of the Code. Such language must preclude Employer discretion. See section 1.415 -1 of the Regulations for guidance.) 3. The limitation year is the following 12- consecutive month period: January 1 - December 31 The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements as noted and (2) the concurrence of the Plan Administrator. Years of Service Percent Completed Vesting Zero 100 % One Two Three Four % Five Six % Seven Eight Nine Ten X. Loans are permitted under the Plan, as provided in Article XIII: Yes XI. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XII. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. XIII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administra- tor pursuant to the terms and conditions of the ICMA RETIREMENT CORPORA- TION GOVERNMENTAL MONEY PURCHASE PLAN &TRUST. The Employer, hereby agrees to the provisions of the Plan and Trust. No [751] MPP Adoption Agreement 4 /30 /2000 5 Appendix "B" DECLARATION OF TRUST This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of May, 2001, by VantageTrust Company, which declares itself to be the sole Trustee of the trust hereby created. WHEREAS, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental plans and governmental units described in Section 818(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant CO a Declaration of Trust dated October 4, 1982, as subsequently amended, a copy of which is artached hereto and incorporated by reference as set out blow (the "ICMA Declaration"); and WHEREAS, the trust created hereunder (the "Group Trust ") is intended to meet the requirements of Revenue Ruling 81 -100, 1981 -1 C.B. 326, and is established as a common trust fund within the meaning of Section 391:1 of Title 35 of the New Hampshire Revised Statutes Annotated, to accept and hold for investment purposes the assets of the Deferred Compensation and Qualified Plans held by and through the ICMA Retirement Trust. NOW, THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is established with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions: 1. Incorporation of ICMA Declaration by Reference; ICMA By -Laws. Except as otherwise provided in this Group Trust Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration are incorporated herein by reference and made a part hereof, CO be read by substituting the Group Trust for the Retirement Trust and the Trustee for the Board of Trustees referenced therein. In this respect, unless the context dearly indicates otherwise, all capitalized terms used herein and defined in the 1CMA Declaration have the meanings assigned to them in the ICMA Declaration. In addition, the By- Laws of the ICMA Retirement Trust, as the same may be amended from time -to -time, are adopted as the By -Laws of the Group Trust to the extent not inconsistent with the terms of this Group Trust Agreement. Notwithstanding the foregoing, the terms of the ICMA Declaration and By -Laws are further modified with respect to the Group Trust created hereunder, as follows: (a) any reporting, distribution, or other obligation of the Group Trust vis -a -vis any Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust shall be deemed satisfied to the extent that such obligation is undertaken by the ICMA Retirement Trust (in which case the obligation of the Group Trust shall run to the 1CMA Retirement Trust); and (b) all provisions dealing with the number, qualification, election, term and nomination of Trustees shall not apply, and all other provisions relating to trustees (including, but nor limited to, resignation and removal) shall be interpreted in a manner consistent with the appointment of a single corporate trustee. 2. Compliance with Revenue Procedure 81 -100. The requirements of Revenue Procedure 81 -100 are applicable to the Group Trust as follows: (a) Pursuant to the terms of this Group Trust Agreement and Article X of the By -Laws, invest- ment in the Group Trust is limited to assets of Deferred Compensation and Qialified Plans, investing through the ICMA Retirement Trust. 1 VANTAGETRUST COMPANY Name: Paul F. Gallagher Tide: Assistant Secretary (b) Pursuant to the By -Laws, the Group Trust is adopted as a part of each Qualified Plan that invests herein through the ICMA Retirement Trust. • (c) In accord with the By- Laws, that part of the Group Trust's corpus or income which equitably belongs to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes other than for the occlusive benefit of the Plan's employees or their benefici- aries who are entitled to benefits under such Plan. (d) In accord with the By- Laws, no Deferred Compensation Plan or Qualified Plan may assign any or part of its equity or interest in the Group Trust, and any purported assignment of such equity or interest shall be void. 3. Governing Law. Except as otherwise required by federal, state or local law, this Declaration of Trust (including the ICMA Declaration to the extent incorporated herein) and the Group Trust created hereun- der shall be construed and determined in accordance with applicable laws of the State of New Hampshire. 4. Judicial Proceedings. The Trustee may at any time initiate an action or proceeding in the appropriate state or federal courts within or outside the state of New Hampshire for the settlement of its accounts or for the determination of any question of construction which may arise or for instructions. IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above written. .A. 2 CJ � lT CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION DATE ACTION IS REQUESTED: Tuesday, June 10, 2003 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: ATTACHMENTS: Agreement for Services 6,„- TYPE OF ACTION: Ordinance Resolution Motion Other SUBMITTED BY: Public Works STAFF RECOMMENDS: Approval of Agreement DISCUSSION: ALTERNATIVES: FISCAL IMPACT: SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: Sp"kane jUalley CITY OF SPOKANE VALLEY AGREEMENT FOR SERVICES Consultant: Nicholls Engineering PUBLIC WORKS DEPARTMENT This Agreement is entered into by and between the City of Spokane Valley, Washington, a municipal corporation, hereinafter referred to as the "City," and Nicholls Engineering, hereinafter referred to as the "Consultant." WHEREAS, the City desires to have certain services performed for its citizens; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties hereto agree as follows: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services related to the Barker Bridge Project as described in Exhibit "A" of this agreement. In performing such services, the Consultant shall comply with all federal, state, and local laws and regulations applicable t� the performance of such services. The Consultant shall perform services diligently and completely and in accordance with professional standards of conduct and performance. 2. Compensation and Method of Payment. The Consultant shall submit invoices for work performed using the rates set forth in Exhibit "13 ". The City shall pay Consultant: [Check applicable method of payment] X According to the rates set forth in Exhibit "13 " X A sum not to exceed $5,510.00 Other (describe): O The Consultant shall complete and return to the City ,Taxpayer Identification Number, prior to or along with the first invoice submittal. The City shall pay the Consultant for services rendered within ten days after City Council approval. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing upon execution and ending June 1,2004, unless sooner terminated under the provisions of the Agreement. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. 4. Ownership and Use of Documents. Any records, files, documents, drawings, specifications, data or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. 5. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. The Consultant will solely be responsible for its acts and for the acts of its agents, employees, subconsultants, or representatives during the performance of this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. 6. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, en or omissions of the Consultant, in performance of this Agreement, except for injuries and damage caused by the sole negligence of the City. 7. Insurance. A. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an additional insured Minimum Amounts of Insurance under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall not be cancelled by either party except after thirty (30) days prior written notice has been given to the City Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 8. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of three years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review, or audit by the City during the performance of this Agreement. 10. Termination. A. This City reserves the right to terminate or suspend this Agreement at any time, with or without cause, upon seven days prior written notice. In the event of termination or suspension, all finished or unfinished documents, data, studies, worksheets, models, reports or other materials prepared by the Consultant pursuant to this Agreement shall promptly be submitted to the City B. In the event this Agreement is terminated or suspended, the Consultant shall be entitled to payment for all services performed and reimbursable expenses incurred to the date of termination. C. This Agreement may be cancelled immediately if the Consultant's insurance coverage is canceled for any reason, or if the Consultant is unable to perfonm the services called for by this Agreement. D. The Consultant reserves the right to terminate this Agreement with not less than fourteen days written notice, or in the event that outstanding invoices are not paid within sixty days. E. This provision shall not prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 11 Discrimination Prohibited. The Consultant shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Consultant under this Agreement, on the basis of race, color, religion, creed, sex, age, national origin, marital status, or presence of any sensory, mental, or physical handicap. 12. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. 13. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 14. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 15. Non- appropriation of funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 16. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 17. Notices. Notices to the City of Spokane Valley shall be sent to the following address: City of Spokane Valley 11707 E. Sprague Ave., Suite ,106 Spokane Valley, Washington 99206 Phone number: (509) 921 -1000 18. Applicable Law; Venue: Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit, which shall be fixed by the judge hearing the case and such fee, shall be included in the judgment. 19. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. CITY OF SPOKANE VALLEY, WA CONSULTANT By: By: Title: City Manager Title: Date: Date: Attest/Authenticated: Approved As To Form: City Clerk City Attorney [INSERT EXIIIBIT A - SCOPE OF SERVICES] Please check the appropriate category: TIN No.: Social Security No.: Print Name: Title: Business Name: Business Address: Business Phone: EXHIBIT C CITY OF SPOKANE VALLEY 11707 E. Sprague, Ave., Suite 106 Spokane Valley, WA 99206 Phone: (509) 921 -1000 FAX: (509) 921 -1000 TAX IDENTIFICATION NUMBER In order for you to receive payment from the City of Spokane Valley, you must have either a Tax Identification Number or a Social Security Number. The Internal Revenue Service Code requires a Form 1099 for payments to every person or organization other than a corporation for services performed in the course of trade or business. Further, the law requires the City to withhold 20% on reportable amounts paid to unincorporated persons who have not supplied us with their correct Tax Identification Number or Social Security Number. Please complete the following information request form and return it to the City of Spokane Valley prior to or along with the submittal of the first billing invoice. Corporation Partnership Government Consultant Other Individual/Proprietor (explain) Date Authorized Signature (Required) CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 69 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, CREATING THE DEPARTMENT OF PUBLIC SAFETY AND PROVIDING FOR A PUBLIC SAFETY DIRECTOR AND OTHER MATTERS PROPERLY RELATED THERETO WHEREAS, the City receives law enforcement services through the Spokane County Sheriff's Department with the appointment ofa Chief Officer who shall act as the City Police Chief; WHEREAS, the Police Chief will be appointed by the City Manager from a list of qualified candidates, in accordance with RCW 35A.13.020, and shall perform the duties ofa City Police Chief in accordance with State law and City Ordinance; WHEREAS, the City has stated its intent, through Resolution No. 03 -016 to receive fire protection services from Fire Protection Districts presently located within the City; WHEREAS, the Fire Protection Districts are each managed and controlled by a Fire Chief, who has the authority to make decisions, issue orders, and coordinate matters related to the fire protection and suppression services; WHEREAS, in order to coordinate the activities of the police and fire services, as well as other services that are related to the public health and safety within the City of Spokane Valley, it is desirable to establish the Department of Public Safety. follows: NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as Section 1. Purpose. The purpose of the Department of Public Safety is to monitor, coordinate, and enforce the responsibilities of various public health and safety functions performed within the City, including but not limited to, police services, fire protection and suppression services, public health and safety matters, and such other related functions and duties as may be assumed or assigned by the City Council and /or City Manager. The above services are collectively referred to as "public safety services." Section 2. Department Established. There is hereby created and established a Department within the City of Spokane Valley to be known as the "Department of Public Safety." Section 3. Position Established. The Director of the Department of Public Safety shall be the City Manager or designee (hereinafter "Director "). The Director shall supervise and administer the Department of Public Safety. Section 4. Duties The Director of Public Safety shall be responsible for coordinating and monitoring the efficient Ordinance Public Safety Page 1 of 2 performance of public safety services, including the power and duty to enforce and monitor the performance of all agreements for such services and compliance with City ordinances and State laws. The Director shall have final authority on administrative and operational matters assumed by the Department. The Director shall meet and confer with the public safety service providers with respect to service priorities of the City to emphasize areas of monitoring or patrol, recommend assignment of personnel, coordinate service provider efforts, establish policy for public health and safety functions performed within the City and perform such other duties as necessary. The Department of Public Safety, acting by and through its Director, shall not assume responsibility for the manner, method, and means of performing public safety services or responsibilities on behalf of or within the City of Spokane Valley. Nothing contained herein shall be deemed an assumption of incident command responsibilities from the police chief, fire chief, or other supervisory personnel, except in emergency situations or as may be specifically authorized through written order of the Director. Incident command authority pursuant to RCW Chapter 38.52 (Emergency Management) shall be as established through the Emergency Management organization formed within Spokane County pursuant to RCW Chapter 38.52. Emergency management reporting shall be coordinated with the Department of Public Safety. Section 5. Rules and Policy. The City Manager, or designee, may develop rules, policies and procedures to implement this Ordinance. All adopted rules, policies, and procedures shall be filed with the City Clerk. Section 6. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this day of June, 2003. ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Stanley M. Schwartz, City Attorney Date of Publication: Effective Date: Ordinance Public Safely Michael DeVleming, Mayor Page 2 of 2 RESOLUTION NO. 03-037 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON A RESOLUTION ADOPTING THE SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF SPOKANE VALLEY. WHEREAS, to provide for the proper and necessary development of the street system within the City of Spokane Valley, the City shall, as required by State law, develop and adopt annually a Six Year Transportation Improvement Program ( "TTP ") with such program acting as a guide for the coordinated development of the City's transportation system; WHEREAS, the TIP of the City shall specifically set forth those projects and programs of both City and regional significance that benefit the transportation system and promote public safety and efficient vehicle movements; WHEREAS, the TIP shall be consistent with the City Comprehensive Plan and be adopted following one or more public hearings before the City Council; WHEREAS, the City Council conducted a public hearing on June 10, 2003 for the purpose of inviting and receiving public comment on the proposed TIP; and WHEREAS, pursuant to the State Environmental Policy Act, the adoption of the Six Year Street Plan is a nonproject action which has received proper and timely environmental review by the City. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: ATTEST: The City Council hereby adopts the attached TIP for the City of Spokane Valley for the purpose of guiding the design, development and construction of local and regional transportation improvements for the years 2004 through 2009. The City Clerk is directed to file the Six Year Transportation Improvement Program with the Washington State Secretary of Transportation not later than June 30. The TIP shall be reviewed at least annually for the purpose of determining the work to be accomplished under the program and the City transportation requirements. Adopted this day of June, 2003. City Clerk, Christine Bainbridge Approved as to form: Interim City Attorney, Stanley M. Schwartz City of Spokane Valley Mayor Michael DeVleming C:1Documents and Setting_slcbainbridge\My Documents \ResolutionAResolution 03-037 Six Year Progrnm.DOC Page 1 of 1 si�itane • Ualley City of Spokane Valley Department of Public Works 2004 - 2009 Six Year Transportation Improvement Program 2004 Annual Construction Program CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03-038 A RESOLUTION OF I.ELL CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ACCEPTING TAE CONVEYANCE OF AN EASEMENT FROM THEODORE R. FOURNIER AND LO RAI NE J. FOURNIER FOR STREET AND UTILITY PURPOSES. WHEREAS, Theodore R. Fournier, Jr., and Lorraine J. Fournier are desirous of granting to the City of Spokane Valley a street and utilities easement for that property identified in Exhibit A with the further understanding that upon reconvcyance of certain Iiens on the property described in Exhibit A. the City will accept delivery of a Deed conveying full right, title and interest in the property; WHEREAS, Spokane County is in the planning phase to construct sanitary sewer facilities in the property adjacent to the property identified in Exhibit A, and the parties desire to transfer an immediate property interest in .Exhibit A; and WHEREAS, it is in the best interest of the City to have sewer facilities extended into those areas where growth is anticipated. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: The City of Spokane Valley accepts from Theodore R. Fournier, Jr., and Lorraine J. Fournier the easement for the conveyance of the property identified in .Exhibit A, for and in consideration of the matters yet forth in the Public Easement and Deed, with the intent to use the same for the public benefit purposes set forth in the Public Easement and Decd. The City agrees to use the easement consistent with conditions, if any, imposed upon the property through the grant of any previous easements. The City Council hereby accepts the grant of easement and authorizes the City Manager to execute all necessary documents to complete the conveyance of the easement including final acceptance of the Deed free and clear of Iiens and encumbrances that affect the City's reasonable use of the property. Adopted this day ofiune, 2003_ ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Stanley M. Schwartz, Interim City Attorney Resolution 03.038 Accepting Easement from Fournier City of Spokane Valley ichae.] DeVferning, Mayor '`EXHIBIT A °° TO RESOLUTION NO. PARCEL A; A strip of land 25 feet in width, lying on the North side of and parallel with the center line of said Sinto Road, as extended .Easterly, over and across the South 25 feet of Lot 12, Block 4 MISSION -PINES SUBDIVISION, as per plat thereof recorded in Volume 2 of Plats, page 70, in Spokane County, Washington, Spokane County Assessor's Property Tax Parcel number 45161.0152 PARCEL B: A. strip of land 25 feet in width, lying on the South side of and parallel with the center line of said Sinto Road, as extended Easter]}, over and across the North 25 feet of the two hereinafter described tracts of real estate: 1. The North half of the East half of Tract 34 of OPPORTUNITY, as per plat there of recorded in Volume "K" of Plats, page 0; EXCEPT the West 155 feet thereof; AND EXCEPT the East 94.2 feet thereof; 2. ALSO, the North 200 feet of the East 77.5 feet of the West 155 feet of the East half of said Tract 34; Spokane Courity Assessor's Property Tax Parcel numbers 451 1.06 13 and 45161.0619. ALL said property situate in Section 16, T25 North, Range 44, E.J.M., Spokane County, Washington, CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03-039 WHEREAS, the City of Spokane Valley incorporated on March 31, 2003; wP)/' A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ACCEPTING THE CONVEYANCE OF PARK PROPERTIES FROM SPOKANE COUNTY INCLUDING THE ASSUMPTION OF ALL DUTIES AND AUTHORITY RELATED THERETO. WHEREAS, Spokane County is desirous of transferring to the City of Spokane Valley Spokane County park properties including land and improvements located within the City for the purpose of providing recreational opportunities to the City residents, visitors and guests; WHEREAS, the parties have executed a "Interlocal Agreement between Spokane County and the City of Spokane Valley Relating to the Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs" ( "Interlocal Agreement ") with one of the purpose to provide for the transfer of park property from the County to the City; WHEREAS, the County is making the transfer of park properties for an in consideration of the promises, covenants and consideration set forth in the Interlocal Agreement; and WHEREAS, as a condition of the conveyances, the City agrees to maintain the park properties in conformance with conditions imposed upon the properties through the conveyance documents as well as the Interlocal Agreement. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: The City of Spokane Valley accepts from Spokane County the conveyance of the following park properties for and in consideration of the matters set forth in the Interlocal Agreement with the intent to use, maintain and improve the same for the public benefit. The park properties are: 1. Mertle Point. 2. Opportunity Township Hall. 3. Valley Mission Pool. 4. Valley Senior Center. 5. Valley Mission Park. 6. Valley Mission Park (South). 7. Balfour Park. 8. Brown's Park. 9. Edgecliff Park. 10. Western Dance Center. 11. Sullivan Park. 12. Mirabeau Point Park. 13. Park Road Park. 14. Park Road Pool. 15. Terrace View Park. 16. Terrace View Pool. 17. Castleview Park. C:1Documents and SettingsticbainbridgelMy DocumentslResoiutionsl2003lResolution 03 -030 Park Property.DOC The City agrees to operate, maintain and use the park properties consistent with conditions, if any, imposed upon the property through I.nterlocal Agreement and conveyance document. The City Council hereby accepts the grant, conveyance and transfer of the above identified properties and authorizes the City Manager to execute all necessary documents to complete the conveyance and assume ownership and control of the park properties within the City of Spokane Valley. ATTEST: Adopted this day of June, 2003. Christine Bainbridge, City Clerk Approved as to Form: Stanley M. Schwartz, City Attorney City of Spokane Valley Mayor Michael DeVleming C:1Documents and Scttings\cbainbridge\My Documents \Resolutions \20031Resolution 03 -030 Park Property.DOC g6A06,2E03 13:22 WITHERSPOON KELLEY 4 9F921 MOB Return to: Danielb Erickson Clerk of the Board 1116 West Broadway Spokane, Waslli gton 99260 DRAFT I 6/6/2003646424435/1312403 1 1 INTEOCAL AGREEMENT BETWEEN SPOKANE COUNTY 2 AND THE CITY OF SPOKANE VALLEY RELATING TO THE OWNERSHIP, 3 FUNDING, OPERATION AND MAINTENANCE OF PARKS, OPEN SPACE, 4 RECREATION FAC1CLITTES AND PROGRAMS 5 6 rtuS AGREEMENT, made and entered into by and between Spokane County, a political 7 subdivision of the Statc of Washington, having offices for the transaction of business at 1116 West 8 Broadway, Spokane Washington 99260, hereinafter referred to as "COUNTY," and the City of 9 Spokane Valley, a municipal corporation of the State of Washington, having offices for the 10 transaction of business at the Redwood Plaza., 11707 Bast Sprague Avenue, Suite 106, Spokane 11 Valley, Washington 99205, hereinafter referred to as -carry- jointly hereinafter referred to as the 12 , "PARTIES," 13 1 4 WITNESSET] 15 16 WHEREAS, pursuant to the provisions of RCW 3 32.120(), the Board of County 17 Commissioners, hereinafter rderrecl to as "BOARD.:" has the care of County property and the 18 management of County funds and business; and 19 20 WHEREAS pursuant to the provisions of chapter 39,34 RCW, two or more public 21 entities may jointly cooperate between each other to perform functions' which each may 22 individually perform; and 23 24 WHEREAS, pursuant to the provisions of RCW 35.02.225, a newly incorporated city 25 may contract with a county to provide essential services; and 26 27 WEIEREAS, all local governmental authority and jurisdiction with respect to the newly 28 incorporated area transfers from Spokane County to the City of Spokane Valley upon the official 29 date of bacarporation;'and 30 31 WHEREAS, the City of Spode Valley desires to own, operate, aid maintain parks, 32 open space, recreation facilitiez and programs within its boundaries which were proviously 33 owned, operated andlor maintained by Spokane County; and 34 Pa g 1 of 14.1114 zanry Uf l/..il�_. - ,iY��i,. - �L..r ,I - +�Snlmrae n0c. 1d9�4InIr �LSI'`rair • 1 : tra, ri 4'�S�I rk ,T91. RI�-OG.O.� -1I I �,-,r �..r _r c«_._ _ _ _ - , N 0.352 DOa2 0bi06/2003 13:22 WITHERSPOON KELLEY 4 W9211008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 DRAFT 6/6/2003416.420 WHEREAS, Spokane County desires to divest itself of' ownership, operation, maintenance and financial responsibility for parks, open space, recreational facilities and programs inside the boundaries of the City of Spokane Valley; and WHEREAS, it is in the best interest of the public that the City of Spokane Valley and Spokane County take appropriate actions to ensure a smooth transition in the ownership, operation and maintenance of parks, open space, recreational facilities and programs to avoid disruption of service. • NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: CONVEYANCE 1.1 COUNTY shall convey to CITY by individual quit claim deed in "as - condition" all of its rights, title and interests, and when possible assign any leasehold interest license, easement or shared use responsibility, in the parks, open space(s) and recreation sites, hereinafter collectively referred to as "Properties," or individually referred to as "Property," listed in subsection 1.2 hereinafter, as well as all personal property permanently affixed thereto such as buildines, pools. play equipment and ball field improvements. Consideration for each transfer will be $1.00 and other consideration more particularly described hereinafter. 1.2 The Properties to be transferred include: Myrtle Point Opportunity Township Hall Valley Mission Pool Valley Senior Center Valley Mission Park Valley Mission Park (South) Balfour Park Brown's Park Buttercup Park Edgecliff Park Western Dance Center Sullivan Park Mirabeau Point Park Park Road Park Park Road Pool Terrace View Park Terrace View Pool Castle Park PARTIES recognize that the COUNTY acquired Properties with public funds and also from private gifts/donations. CITY agrees to comply with any conditions imposed upon COUNTY by its use of public funds in acquisition or improvement of any Property or conditions imposed on private donations used to acquire or improvement any Property. A condition precedent to the transfer of any Property which the COUNTY acquired or unproved with grant moneys from the Washington State Interagency Committee for Outdoor Recreation ( "IAC ") will be (i) CITY'S adoption of a Park Plan and (ii) IA.C'S approval of the transfer. CITY agrees to timely adopt a Park Plan and apply for IAC approval of the Park Plan. Page 2 of 1,II.411 - aCtiCf s ok+nc Yalkv 143241dotMloml ArttCmv �,x PO f1311atc,lns d A sr r I fi.41 AgNMMsaK+ NO.352 P003 si06/2003 13:22 W I TF ERSP0t7N KELLEY 4 9P9211008 DRAFT 6/6 /20036 r� n 0. I 1 A condition precedent to the transfer of Buttercup Park is approval by the Department of 2 Ecology. 3 4 Each Party shall pay its own expenses in conjunction with the transfer of any Property 5 including but not limited to fees and expenses of agents, representatives, counsel and 6 accountants. 7 8 Closing costs shall be apportioned according to custom in Spokane County. 9 10 ALTA Title insurance shall be at the sole cost of CITY. 11 12 13 14 15 16 au ement between COUNTY and third arties or any 17 recorded documents, (1) CITY agrees and covenants to own, operate and maintain the 18 Properties, as public parks, public recreational facilities, and/or public open spaces 19 respectively and (2) CITY may trade any Property or part thereof for another public park, 20 public recreational property, and/or public open space of equal or greater value. Transfers of 21 any Property initially acquired by COUNTY with moneys from Washington State 22 Interagency Committee for Outdoor Recreation will require IAC approval. 23 24 CITY a gees and covenants that it will not in any way limit or restrict access to and use of 25 any Property by non -CITY residents. except where title was taken by COUNTY in. a 26 proprietary capacity. 27 28 CITY agrees and covenants that any and all user fees, including charges made by any lessees, 29 concessionaires, service providers and/or other assignees, shall be at the same rate for non- 30 CITY residents as for the residents of CITY. 31 32 COUNTY represents and warrants that it has provided to CITY all information and 33 documentation it is aware of or has in its possession regarding the Properties, including but 34 not limited to the ownership, encumbrance, maintenance, operations and limitations on title. 35 use or conveyance thereof. 36 37 SECTION NO. 2: RESPONSIBILITY FOR OPERATION, MAINTENANCE, REPAIRS, 38 IMPROVEMENTS, AID RECREATION SERVICES 39 40 2.1 As consideration for COUNTY'S agreement to convey the Properties, CITY agrees to 41 assume full and complete responsibility for all maintenance, operation, repair, improvement, PARTIES shall mutually agree to a closing date for any Property. Provided, however, the closing date(s) shall not affect CITY'S obligation to maintain, operate, repair, and improve the Properties as of April 1, 2003. To the extent re.uired b existin Page 3 0141444 l::i(ltrih'of�l � �q[ V,t0. 1 24Unl:rI0001 n,,,wlicM1R1 ^ rwi rcrtac�lA rnt Rl 1-0S -O6-O . i.di¢ NO.352 P0e4 06/062003 13:22 W I THERSPOON KELLEY 4 9P9211008 DRAFT 6/6/20035/6/2n35!3.312003 I 1 and provision of recreation services on such Properties, to include facilities thereon, as of 2 April 1, 2003. 4 2.2 CITY contracts with COUNTY to maintain and operate the Properties listed in Section No. 1.2 5 on and after April 1, 2003 under the terms and conditions specified hereinafter. It is the intent 6 of the PARTIES that such responsibilities be consistent with the CITY'S Council/Manager form 7 of government provided for in chapter 35A.13 RCW. 8 9 2.3 Base Level Services. Acting solely as an independent contractor on behalf of CITY, 10 COUNTY will provide routine park maintenance and operation services for the Properties 11 listed in Section 11 above at that level and standard provided by the COUNTY or its agents 12 to each individual Property in calendar year 2002. This level of service is hereinafter 13 referred to as "base level service?' 14 15 CITY and COUNTY agree CITY will collect all income from all sources on the Properties. 16 COUNTY shall turn over to CITY all of COUNTY'S books and records concernin_ the 17 same. including books of account and ledgers. together with all income presently held by 18 COUNTY, including security deposits, and shall provide CITY with a full accounting of all 19 such funds through date of delivery. 20 21 COUNTY. in the performance of its maintenance and operation services. shall, to the best of 22 its ability, comply with and ensure compliance with all federal. state and local laws, 23 ordinances. codes, rules and re•ulations •licable to the operation. and maintenance of the 24 Pro 25 services will include but not be limited to the following: 26 27 a) Em to ine dischar°ina and •a no all ►ersons . rovidina base level service or otherwise 28 employed by COUNTY in the management and operation of the properties: 29 p) Purchasing all materials and s n• lies necess- for the maintenance and operation 30 services to the Properties: 31 (c) Contracting for and supervising the making of all repairs and alterations necessary to 32 perform, the maintenance and operation services: 33 Cd) Managing the Properties in full compliance with all laws and regulations of any federal, 34 state, county or municipal authority having jurisdiction over the Properties; 35 (e) Assisting CITY as needed in acquiring all necessary insurance on the Properties, 36 including, but not limited to •ublic •ro • ert liabili , fire and extended coverage hazard 37 insurance. 38 39 COUNTY shall refer any third tarty contacts with respect to renewal or new operations, 40 leasing, licensing concessions on any of the Properties to CITY upon receipt and shall 41 cooperate with CITY in the creation of any such relationship with said contacts. In the event erties. With res ect to the maintenance and o erasion of the Pro • erties. COUNTY'S Page 4 of 141,414 (:;AO,Cin Or Soo lone 'o lo 1 434U ntt'rlocal Arrecmcnn'J'arsAintrrtnai ,pa„ N0.352 P005 06/@6/2003 13:22 WITHERSPOON KELLEY 4 9P9211009 DRAFT 61612003 35/'3/ 1 CITY enters into any leases. licenses. concessions or other similar arrangements, the 2 PARTIES shall discuss incorporation of the same into this Agreement. 3 4 CITY shall enforce all the teens and conditions of any applicable income producing 5 agreement, written or oral, during the teen of this Agreement. 6 7 COUNTY shall provide CITY access to all of COUNTY'S books and records relating to the 8 Pro • erties, includin • books of account and led °ers. U'on the termination of this Agreement. 9 the COUNTY shall deliver all the books and records relating to the Properties to CITY and 10 provide CITY with a full accounting of all Properties' expenditures and funds through the 11 date of termination and delivery. 12 13 CITY may request adjustments to individual tasks associated with base level service in order 14 to meet specific needs. COUNTY shall consider all such requests and, whenever reasonably 15 practicable, alter the work program as necessary. 16 17 CITY reserves the option of replacing any positions as depicted in Attachment "A ". In the 18 event CITY exercises that option CITY shall (i) provide a minimum sixty -(60l) 19 calendar da s written notice to COUNTY, in accordance with Section 5, and (ii assume 20 responsibility of providing personnel for said position at CITY'S sole cost and expense. 21 CITY and COUNTY shall ad'ust this contract to reflect OTY's assum•tion of said costs 22 reduction of payments to COUNTY for said services and/or position.. 23 24 25 26 27 28 29 30 31 32 2.4 Extra or Enhanced Services. Acting solely as an independent contractor on behalf of CITY, 33 COUNTY will provide services above base level services upon written request from CITY 34 and mutual agreement as to any increased costs for such service. Such additional services are 35 hereinafter referred to as "extra or an enhanced services." 36 37 2.5 Construction oI' Mirabeau Meadows Park. COUNTY agrees to complete the construction 38 of Mirabeau Meadows Park. For the purpose of this Agreement, the terminology 39 "construction" shall include (1) preparing bid document(s) for the Project ( Mirabeau 40 Meadows), (2) awarding the Project pursuant to County public works laws; (3) construction 41 management of the awarded Project; and (4) acceptance of the completed Project. COUNTY 42 has already prepared bid documents denominated as Project No. P3993. COUNTY agrees COUNTY is only required to perform maintenance and operation services on the Properties listed in Section 1.2 as those Properties were improved as of the 12:01 A.M. April 1, 2003, the CITY's official date of incorporation. COUNTY and CITY anticipate that there may be further improvements made to these Properties by CITY which will require additional maintenance. CITY agrees to pay COUNTY for any increased maintenance costs to any Property, regardless of the funding source of the improvement, due to any improvement thereto. Page 5of1 '".. , CACI,CLr„nlSoot:wit Valley '4 Ia�r!itnc I A2rtomratAvrAr \I nro14..cnl Agrim ItL.LO4 116 Q3 don'''' ^r•• .fig« 45=,±.40:4 - .24.2 44.4 N0.352 Pa 35 06/06/2003 13:22 WITHERSPOON KELLEY 4 9P921100B DRAFT 6/6/2003.1612 - 925/13,i2n03 1 1 not to award Project if the bid of lowest responsible bidder exceeds $1.4 Million without 2 consultation and approval by CITY. 3 4 The cost of the Mirabeau Meadows Park construction will be funded solely using a portion of 5 State Grant (INTERGOVERNMENTAL AGREEMENT) #02- 99300-018 estimated at $1.4 6 million. No COUNTY money will be used. 7 8 2.6 Oversee Design of Mirabean Point Center Place Facility (" Facility"). County agrees 9 only to oversee the design of Mirabeau Point Center Place Facility ( "Facility"). AU future 10 phase(s) of the Facility will be the sole responsibility of the CITY. For the purpose of this 11 Agreement, the terminology `oversee the design" shall mean employment of an architect to 12 design the Facility and payment for services solely from State Grant 13 (INTERGOVERNMENTAL A 402- 99300 -018. No COUNTY money will be 14 used for the design of Facility. COUNTY has employed Tan Moore Architects under Project 15 Agreement No. P3983 to design the Facility. COUNTY will coordinate with CITY all major 16 decisions with respect to the design of the Facility: however, ultimate decision making 17 authority shall be CITY'S. 18 19 The cost to design Mirabeau Point Center Place Facility will be funded solely using a portion 20 of State Grant AGO AL AGREEMENT) #02- 99300-018 estimated at 21 $500, 000. If there are funds remaining in the State Grant (INTERGOVERNMENTAL 22 AGREEMENT) #02-99300-018 upon completion of the Mirabeau Meadows Park 23 construction and Mirabeau Point Center Place Facility design, COUNTY staff will work with 24 CITY staff to allocate unused grant moneys for completion/construction of other elements of 25 the Mirabeau Point Park Master Plan. 26 27 Separate from the Grant Funds allocated for design of the Mirabeau Point Center Place 28 Facility, the COUNTY has set aside $1 4 million for the construction of Mirabeau Point 29 Center Place Facility. COUNTY agrees to make this money available to CITY in the event 30 CITY elects to proceed with constriction of Mirabeau Point Center Place Facility not in a 31 lump sum, but as necessary to pay consultants and contractors for services completed. 32 COUNTY shall retain any and all interest on the $1.4 million. 33 34 COUNTY shall not have an obligation to operate or maintain either the Mirabeau Meadows 35 Park or Mirabeau Point Center Place Facility after their completion until the PARTIES 36 mutually agree as to all increased operation and maintenance costs in accordance with 37 Section 2.3 above. 38 39 2.7 Valley Mission Pool. COUNTY has set aside $1.6 million for the construction of an aquatic 40 facility intended to replace the Valley Mission Pool. COUNTY originally proposed a 41 replacement'pool to be located at Valley Mission Park (South). The design of the new pool 42 has been completed. However, upon the vote to incorporate CITY, COUNTY opted to defer Page 6 of 1/1I411 r:1C Cif■ of Spol.2ce VailerCal AatCemAnIAftt4tilltutincva A2rmngl.,T -Q - OlY 41.L4 4. NO.352 P007 05 ✓06/2003 13:22 WITHERSPOON KELLEY 4 9P9211008 DRAFT r z 6/6/2003641-2e035/1 3, 2003 I 1 construction of the new pool. COUNTY agrees to (i) transfer the complete plans for the new 2 Valley Mission Pool to CITY and (ii) to make available to CITY $1.6 million for 3 construction of a new pool at that location as determined by CITY and using the design 4 completed or another designed as approved by CITY. COUNTY agrees to transfer plans for 5 said pool to CITY upon execution of this Agreement. $1.6 million will be retained by 6 COUNTY and paid to CITY as needed by CITY to pay consultations and contractors in 7 conjunction with design/construction of a new pool. COUNTY h0111 retain any and all 8 interest on the $1.6 million. 9 10 SECTION NO. 3: DURATION 11 12 This Agreement shall commence at 12:01 A.M. on April 1, 2003 and terminate at 12:00 P.M. on 13 December 31, 2004, unless terminated as provided for in Section 10. This Agreement shall be 14 effective upon signature by both PARTIES. 15 16 SECTION NO. 4: COST OF SERVICES 17 18 C1TY shall pay COUNTY the actual costs for base level services described herein and provided by 19 COUNTY to the Properties. For 2003 the costs of such base level services shall not include 20 equipment depreciation on equipment owned by COUNTY. The COUNTY, at its sole discretion 21 may include such equipment depreciation of equipment for calendar years 2004. The estimated cost 22 for 2003 base level services is SD( HUNDRED FOURTEEN P TY W E - THOUSAND 23 ONETWO HUNDRED THIRTY -TWO DOLLARS and 4432/100 ($614,132.3253,210.10). The 24 methodology used to calculate the cost of providing CITY'S base level services is set forth in 25 Attachment "A," attached hereto and incorporated herein by reference. This methodology 26 contemplates that the CITY retains all fees/revenues collected from Properties and facilities. 27 Further, CITY shall be responsible for all costs/assessments associated with ownership of park 28 properties/facilities including but not limited to electricity, sewer, water, gas, garbage, telephone, 29 and taxes. Said costs are separate from the estimated costs to provide base level services in 2003 30 as described herein. 31 32 In 2004, the PARTIES acknowledge that the estimated costs will automatically increase based 33 upon salary adjustments to include cost of living increases ( "COLA") granted by the BOARD, 34 increased costs provided for in a Collective Bargaining Agreement, and increased costs for 35 various items set forth in Attachment "A." COUNTY will prepare an estimated cost for 2004 36 base level services using the same methodology as set forth in Attachment "A." This estimate 37 will be provided to CITY on or before October 31, 2003. This estimate will be used for the 38 purposes of 2004 billings. 39 40 COUNTY will bill CITY for the estimated cost of services, monthly, during the first week of the 41 month. For calendar 2003, the estimated cost of $61444,132.32210.1.0 will be divided into nine 42 equal payments of $72,582.23. Payments by CITY will be due by 5 working day of the Page 7 of 111114 „ ,.,..,.. CiICICtn• o�S • of roc t' u o ia ' +d N t oca l a• tPn rl tmter rsmt- RL.;.t1F•04- Q3.da y . . - = AzreY^ ■ NO.352 P008 1 O6 /06 /2603 13:22 W I THERSPOiON KELLEY - 9P921 i 18 DRAFT 616 /2003 1 following month. At the sole option of COUNTY, a penalty may be assessed on any late 2 payment by CITY based on lost interest earnings had the payment b timely paid and invested 3 in the Spokane County Treasurer's Investment Pool. 4 5 At the end of calendar year 2003 and 2004, using actual costs COUNTY and CITY will each 6 determine respectively whether or not the estimated costs 'were accurate. To the extent that the 7 CITY was over billed in any year it will receive a credit to be applied as mutually agreed. If the 8 CITY was under billed, it will receive a debit in ghee subsequent performed adjustment will 9 normally take place in March of the year following year es P 10 than June 30 "date of determination "). Al the sole discretion of the CITY, in the case of over 11 billing, or the sole discretion of the COUNTY, in the case of an under billing, the party may 12 request interest on such amount based on lost interest earnings had the under billing amount been 13 invested since the and of the calendar year to the date of detemaivation in the Spokane County 14 Treasurer's Investment Pool or the over billing amount been invested since the end of the 15 calendar year to the date of determination in the Washington Cities Investment Pool. M&O 16 items chargeable to the CITY shall be directly attributable and proportionate to services received 17 by City under the terms of Th g Agreement 18 19 SECTION NO. 5: NOTICE 20 21 All notices or other comminications given hereunder snail be deemed given on: (1) the day such 22 notices or other communications are received when sent by personal delivery; or (ii) the third day 23 following the day on which the same have been mailed by first class delivery, postage prepaid 24 addressed to COUN'rY at the address set forth below for such Party, or at such other address as 25 COUNTY NTY shall from time-to-tine designate by notice in writing to the other PARTI=ES: 26 27 COUNTY: Spokaxa County Chief Executive Officer or bi sfr authorized representative 28 1116 West Broadway Avenue 29 Spokane, Washington 99260 0 31 CITY City of Spokane Valley City Manager or his/her authorized representative 32 Redwood Plaza 33 11701 East Sprague Avenue, Suite 106 34 Spokane Valley, Washington 99206 35 36 SECTION NO. 6: COUNTERPARTS RTS 37 38 This Agreement may be executed in any number of counterparts, each of which, when so 39 executed and delivered, shall be an original, but such counterparts shall together constitute but 40 one and the same. 41 Page 8 of 144 tea ,. ��, S o lone %al4 133�d1 i :.PI .4.rcrnM6rflPar sU0F[rloml enl-R1..2.04 6-7111 ,iecaw¢Op+144' 4 1%.Fer NO.352 Q0219 06/06/2003 13:22 WITHERSPOON KELLEY 4 9P921100B 1 SECTION NO. 7: ASSIGNMENT 2 3 COUNTY may assign any of its responsibilities under the terms of this Agreement so long as the 4 COUNTY remains responsible for oversight and supervision of all responsibilities. 5 6 SECTION NO. 8: LIABILITY 7 (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, 8 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 9 damages of any nature whatsoever, by any reason of or arising out of any negligent act or 10 omission of COUNTY, its officers, agents and employees, or any of them relating to or arising 11 out of performing services pursuant to this Agreement. In the event that any suit based upon such 12 claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its 13 sole cost and expense; provided that CITY reserves the right to participate in said suit if any 14 principle of governmental or public law is involved; and if final judgment in said suit be 15 rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against 16 CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall 17 satisfy the same. 18 19 (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, 20 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 21 damages of any nature whatsoever, by any reason of or arising out of any negligent act or 22 omission of CITY, its officers, agents and employees, or any of them relating to or arising out of 23 performing services pursuant to this Agreement. In the event that any suit based upon such 24 claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its 25 sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any 26 principle of governmental or public law is involved; and if final judgment in said suit be 27 rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly 28 against COUNTY and CITY and their respective officers, agents, and employees, CITY shall 29 satisfy the same. 30 31 (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's 32 immunity under Washington's Industrial Insurance Act, Chapter 51 ROW, respecting the other 33 Party only, and only to the extent necessary to provide the indemnified party with a full and 34 complete indemnity of claims made by the indemnitor's employees. The PARTIES 35 acknowledge that these provisions were specifically negotiated and agreed upon by them. 36 37 (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the 38 matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence 39 with S5,000,000 aggregate limits including for staff professional liability and auto liability 40 coverages. 41 Page 9of141114 C A(\Citvof : 'lain Vane 14 .2Alne.rtoesi inverrx 1 Avrrfll • 4.14 DRAFT 6/6/20036/6/1(T3 5/13/20e3 3/20e3 I NO.352 0010 05i06/2003 13:22 WITHERSPOON KELLEY 4 9P9211008 DRAFT 6/6/20036444. W44304 1 1 SECTION NO. 9: RELATIONSHIP OF THE PARTIES 2 3 The PARTIES intend that an indepeadent contractor relationship will be created by this Agreement. 4 No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, 5 agent, servant or representative of CITY for any purpose. Lilrewise, no agent, employee, servant or 6 representative of CITY Shall be deemed to be an employee, agent, servant or representative of 7 COUNTY for any purpose. 8 9 SECTION NO. 10: MODIFICATION AND TERMINATION 10 11 This Agreement may be modified in writing by mutual agreement of the PARTIES. 12 13 Any Party may terminate only the maintenance and obligation of COUNTY set forth in 2.2, 2.3 and 14 2.4 herein for any reason whatsoever upon a minimum of 90 days written notice to the other Party. 15 16 Any Party may terminate this Agreement for breach of any provision concerning the providing of 17 maintenance and operation services or payment of consideration upon thirty days (30) advance 18 written notice to the breaching Party. If the defaulting Party cures the breach to the satisfaction of 19 the notifying Party within the thirty -day (30) time frame or such time frame as is reasonably 20 necessary to cure the default, then the notice of termination shall be void. 21 22 Upon termination, CITY shall be obligated to pay for only those basic level services and extra or 23 enhanced services rendered prior to the date of termination based upon a pro rata allocation of costs 24 to the date of termination. 25 26 SECTION NO. li: PROPERTY AND EQUIPMENT 27 28 The ownership of all equipment owned and utilized by COUNTY in providing maintenance and 29 operation services wider this Agreement or acquired by COUNTY from the consideration by CITY 30 for such maintenance and operation services shall remain with COUNTY upon tennination of this 31 Agreement. Provided, however, the PARTIES acknowledge that CIY may purchase equipment 32 and provide such equipment to COUNTY to perform such maintenance and operation expenses. 33 The ownership of any equipment acquired by CITY and made available to COUNTY to provide 34 maintenance and operation services under the terms of this Agreement shall remain with CITY 35 upon termination of this Agreement 36 37 Attached hereto as Attachment `B" and incorporated herein by reference is a listing of certain 38 equipment and machinery that COUNTY presently owns and may use in conjunction with 39 providing maintenance and operation services to CITY under the terms of this Agreement. If the 40 Agreement runs its entire term without termination, COUNTY agrees to transfer to CITY at the end 41 of said term at no cost and in an "as-is condition" those pieces of equipment and machinery listed in 42 Attachment `B" which are still owned by COUNTY. If, for any reason, this Agreement is Page 10 of 111114 c 1milv Aereenx. tAPmrkAInterlanIM !• L^ 4-416.Qa.dcn 1 • p'1-` a' NO. M2 P011 06/05/2003 13:22 WITHERSPOON KELLEY 4 9P9211008 1 terminated by either Party prior to December 31, 2004 COUNTY agrees to sell to CITY in as "as -is 2 condition" those remaining pieces of equipment and machinery listed in Attachment `B" which are 3 still owed by COUNTY for l lETY THOUSAND DOLLARS ($50,000.00). 4 5 SECTION NO. 12: GENERAL TERMS 6 7 This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree 8 that there are no other understandings, oral or otherwise, regarding the subject matter of this 9 Agreement. No changes or additions to this Agreement shall be valid or binding upon the 10 PARTIES unless such change or addition is in writing, executed by the PARTIES. 11 12 This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. 13 14 15 16 SECTION NO. 13: VENUE STIPULATION 17 18 This Agreement has been and shall be construed as having been made and delivered within the 19 State of Washington and it is mutually understood and agreed by each Party that this Agreement 20 shall be governed by the laws of the State of Washington both as to interpretation and 21 performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this 22 Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction 23 within Spokane County, Washington. 24 25 SECTION NO. 14: SEVERABILITY 26 27 It is understood and agreed among the PARTIES that if any parts, terms or provisions of this 28 Agreement are held by the courts to be illegal, the validity of the remaining portions or 29 provisions shall not be affected and the rights and obligations of the PARTIES shall not be 30 affected in regard to the remainder of the Agreement. If it should appear that any part, term or 31 provision of this Agreement is in conflict with any statutory provision of the State of 32 Washington, then the part, term or provision thereof that may be in conflict shall be deemed 33 inoperative and null and void insofar as it may been conflict therewith and this Agreement shall 34 be deemed to modify to conform to such statutory provision. 35 36 SECTION NO. 15: HEADINGS 37 38 The section headings appearing in this Agreement have been inserted solely for the purpose of 39 convenience and ready reference. In no way do they purport to, and shall not be deemed to 40 define, limit or extend the scope or intent of the sections to which they pertain. 41 42 SECTION NO. 16: REPRESENTATIVES Page11of1411i r•SCZC its' of Cp41ka14[ Vpllgv 143141ln rrrlcenl A•►CetnrniiSPyrk:Atorrrineal A DRAFT 6/6/20036 r6 ! ,e C/1 3'2nn3 l rrl.RL.2 -04116 o3.noc ., • -- .— N0.352 P012 06/06/2003 1322 W I THERSPOON KELLEY 9P32110M DRAFT 6/6/2003644 003 1 2 COUNTY hereby appoints the Spokane County Parks and Recreation Director or hi her 3 desistez for the purpose of administering the terms of this Agreement. CITY hereby appoints 4 the City Parks and Recreation Director or his/her designee for the purpose of administering the 5 terms of this Agreement. Each PARTY'S representative agrees to meet on a monthly basis or as 6 necessary to address COUNTY'S provision of basic level services or extra/enhanced level 7 services under the terms of this Agreement In the event there is a disagreement between the 8 PARTIES, it shall be forwarded to the COUNTY CEO and CITY Manager for resolution. 9 10 Spokane County Parks and Recreation Director or his/her designee agrees to attend staff 11 meetings as requested by the CITY Manager. 12 13 14 15 SE LION NO. 17: REPO TI G 16 17 COUNTY, through the Spokane County Parks and Recreation Director or his/her designee shall 18 provide a mutually acceptable quarterly report to CITY that will c retain information relating to 19 services performed under the terms of this Agreement during the preceding quarter. 20 21 SECTION NO. 18: T 11FING all 23 COUNTY shall have the sole right and responsibility to hire, assign, retain and discipline 24 employees performing services under this Agreement according to collective bargaining agreernents 25 and applicable state and federal laws. COUNTY agrees to meet and confer with CITY with respect 26 to staff are assigned to provide such services. 27 28 SECIION NO 19: RECORDS 9 30 All public records prepared., owned, used or retained by COUNTY in conjunction with providing 31 $ervio under the terms of this Agreement shall be deemed CITY property and shall be made 32 available to CITY upon request by cm' manager. COUNTY will notify CI 'Y of any public 33 disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the 34 COUNTY' repanse thereto. 35 36 SECTION NO. 20: ASSURANCE 37 38 cotztrry represents and assures CSTY that no other city or town will receive more favored 39 treatment in receipt of park maintenance and operation services than that made available to the 40 CITY for similar services. 41 Page 12 of/ iaa r1C:t. -r.G P7 `' - ekei[Y of jri k�oe vet, ] 4 ? !4'.] nierI I kkertt iner�h:lraYlt Sioicrluc3l A^nr.[•RL.34 43.1 .-. AfIXO NO.352 8013 06/06/2003 13:22 WITHERSPOON KELLEY 4 9P9211009 DRAFT 6 /6120O3 1 IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on 2 date and year opposite their respective signatures. 3 4 DATED: BOARD OF COUNTY COMMISSIONERS 5 OF SPOKANE, COUNTY, WASHINGTON 6 7 8 JOHN ROSKELLEY, Chair 9 ATTEST: 10 VICKY M. DALTON 11 CLERK OF THE BOARD PHILLIP D. HARRIS, Vice -Chair 12 13 14 BY: M. KATE MCCASLIN 15 Daniela Erickson, Deputy 16 17 DATED: CITY OF SPOKANE VALLEY: 18 19 Attest: By: 20 21 Its: 22 City Clerk (Title) 23 24 Approved as to form only: 25 26 Acting City Attorney 27 28 29 30 31 32 35 36 37 39 40 41 42 43 44 46 47 49 50 51 Page 13 of 111114 :1nejty or S knot � ': II L7S£41nt tI I Arreernemttylbul:S,It11C ' ARrml- R1- 2- 0i►06_03.410 r 4C NO.352 9014 96406/2003 13:22 WITHERSPOON KELLEY 4 9P9211 006 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 20 21 DRAFT 616120036 _ -_ : ' 3/2 ` Page 14 of 141111 cmAcin' of Spokane Valk' 14324 IDttrinciI At! YtementArnrMintc "4nn' 1 rmr R I _2.06.0 3.M1 NO.352 D015