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2018, 12-18 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT (with some action items) Tuesday, December 18, 2018 6:00 p.m. CITY HALL COUNCIL CHAMBERS 10210 E Sprague Avenue (Please Silence Your Cell Phones During the Meeting) CALL TO ORDER ROLL CALL APPROVAL OF AGENDA ACTION ITEMS: 1. CONSENT AGENDA: consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of claim vouchers on Dec 18, 2018 Request for Council Action Form Total: $3,369,942.67 b. Approval of December 4, 2018 Council Meeting Minutes, Study Session Format 2. First Reading Ordinance 18-027, Level 3 Franchise — Cary Driskell [public comment] 3. First Reading Ordinance 19-001 Amending Purchasing Regulations — Cary Driskell [public comment] 4. Resolution 18-011 Amending Governance Manual — Chris Bainbridge [public comment] 5. Motion Consideration: Arts Council 2019 Outside Agency Award Scope Modification — Chelsie Taylor [public comment] 6. Motion Consideration: Acceptance of Art Pieces — Mike Stone [public comment] 7. Motion Consideration: AAA Street Sweeping Contract Renewal — Bill Helbig [public comment] 8. Motion Consideration: Storm Drain Cleaning Services — Bill Helbig [public comment] 9. Motion Consideration: Street & Stormwater Maintenance Repair Contract Renewal — Bill Helbig [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those action items above, as public comments will be taken on those items at the time those items are discussed. When you come to the podium, please state your name and city residence for the record and limit remarks to three minutes. NON -ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 10. Bill Helbig 11. Mayor Higgins Water District Memorandum of Discussion/Information Understanding Advance Agenda Discussion/Information 12. Information Only (will not be reported or discussed): Department Monthly Reports 13. Mayor Higgins 14. Mark Calhoun ADJOURN Council Check-in Discussion/Information City Manager Comments Discussion/Information Study Session Agenda, December 18, 2018 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 18, 2018 Department Director Approval: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST VOUCHER NUMBERS 12/05/2018 46243-46295; 5616392; 5662023 12/11/2018 6139; 6495; 6497; 6499; 6506-6508; 6510; 6517; 46296 12/11/2018 46297-46323 12/11/2018 46324-46358; 5704576 GRAND TOTAL: TOTAL AMOUNT $2,686,979.96 $331,716.58 $21,816.11 $329,43 0.02 $3,369,942.67 #001 - General Fund 001.011.000.511. 001.013.000.513. 001.013.015.515. 001.016.000. 001.018.013.513. 001.018.014.514. 001.018.016.518. 001.032.000. 001.058.050.558. 001.058.051.558. 001.058.055.558. 001.058.056.558. 001.058.057.558 001.076.000.576. 001.076.300.576. 001.076.301.571. 001.076.302.576. 001.076.304.575. 001.076.305.571. 001.090.000.511. 001.090.000.514. 001.090.000.517. 001.090.000.518. 001.090.000.519. 001.090.000.540. 001.090.000.550. 001.090.000.560. 001.090.000.594. 001.090.000.595. Explanation of Fund Numbers found City Council City Manager Legal Public Safety Deputy City Manager Finance Human Resources Public Works CED - Administration CED — Economic Development CED — Development Services -Engineering CED — Development Services -Planning CED — Building Parks & Rec—Administration Parks & Rec-Maintenance Parks & Rec-Recreation Parks & Rec- Aquatics Parks & Rec- Senior Center Parks & Rec-CenterPlace General Gov't- Council related General Gov't -Finance related General Gov't -Employee supply General Gov't- Centralized Services General Gov't -Other Services General Gov't -Transportation General Gov't -Natural & Economic General Gov't -Social Services General Gov't -Capital Outlay General Gov't -Pavement Preservation on Voucher Lists Other Funds 101 — Street Fund 103 — Paths & Trails 105 — Hotel/Motel Tax 106 — Solid Waste 120 - CenterPlace Operating Reserve 121— Service Level Stabilization Reserve 122 — Winter Weather Reserve 204 — Debt Service 301 REET 1 Capital Projects 302 — REET 2 Capital Projects 303 — Street Capital Projects 309 — Parks Capital Grants 310 — Civic Bldg Capital Projects 311 -- Pavement Preservation 312 — Capital Reserve 314 — Railroad Grade Separation Projects 402 — Stormwater Management 403 — Aquifer Protection Area 501 — Equipment Rental & Replacement 502 — Risk Management RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists vch list 12/05/2018 3:06:44PM Voucher List Spokane Valley Page: 1 Bank code : apbank Voucher Date Vendor Invoice 46243 12/5/2018 000197 ACRANET 46244 12/5/2018 006937 ADVANCE AUTO PARTS 46245 12/5/2018 006401 ADVANCE CONCRETE WORKS INC 46246 12/5/2018 002931 ALL WESTERN INDUSTRIAL SUPPLY 46247 12/5/2018 000234 ARLT, SHANE 46248 12/5/2018 004439 BIRCH COMMUNICATIONS INC 46249 12/5/2018 000918 BLUE RIBBON LINEN SUPPLY INC 46250 12/5/2018 002562 CD'A METALS 46251 12/5/2018 000508 CONOCOPHILLIPS FLEET 46252 12/5/2018 001880 CROWN WEST REALTY LLC 46253 12/5/2018 003255 DAY WIRELESS SYSTEMS 46254 12/5/2018 002604 DELL FINANCIAL SERVICES LLC 9032 1921-268222 1921-268332 PAY APP 1 107295 EXPENSES 27006802 0009147 0011109 S0203472 407360 56861908 DECEMBER 2018 608415 79753683 Fund/Dept 001.018.016.518 101.042.000.542 101.042.000.542 402.000.000.595 101.000.000.542 001.040.041.543 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 309.000.282.594 001.040.043.558 101.042.000.543 Description/Account Amount EMPLOYEE BACKGROUND CHECI< Total : REPAIR & MAINTENANCE SUPPLIE REPAIR & MAINTENANCE SUPPLIE Total : CONTRACT 18-153 143.00 143.00 39.00 6.69 45.69 4,200.00 Total : 4,200.00 REPAIR & MAINTENANCE SUPPLIE Total : EXPENSE REIMBURSEMENT Total : PHONE SERVICE AT CENTERPLAC Total : LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY ATC Total : C1P 0282 SUPPLIES Total NOVEMBER 2018 FLEET FUEL BILL Total : COMMON AREA CHARGES FOR MI Total : 101.042.000.543 TOWER RENTAL Total : 171.22 171.22 56.40 56.40 453.96 453.96 412.05 407.04 54.40 873.49 264.25 264.25 1,484.21 1,484.21 167.66 167.66 212.33 212.33 001.090.000.548 COMPUTER LEASE 3050 MICRO 231.68 Page: 1 vchlist 12/05/2018 3:06:44PM Voucher List Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice 46254 12/5/2018 002604 DELL FINANCIAL SERVICES LLC 46255 12/5/2018 001194 DEPT OF ECOLOGY 46256 12/5/2018 007045 ELGEE, JOEL 46257 12/5/2018 003274 EXCHANGE PUBLISHING LLC 46258 12/5/2018 001232 FASTENAL CO 46259 12/5/2018 004813 FIRST CHOICE COFFEE SERVICES 46260 12/5/2018 001447 FREE PRESS PUBLISHING INC (Continued) 79756655 7222 APP -2018-0003 512046 513478 513479 513481 513482 513483 513484 513485 513486 513487 513488 514183 514185 514186 514187 514188 IDLEW135657 226695 146204 49256 49266 Fund/Dept 001.090.000.548 402.143.70.00 001.229.45.00 309.000.280.594 001.013.000.513 001.013.000.513 001.013.000.513 001.040.043.558 001.013.000.513 001.013.000.513 001.040.043.558 001.040.043.558 001.040.043.558 001.040.043.558 001.013.000.513 001.040.043.558 001.013.000.513 001.040.043.558 001.040.043.558 101.000.000.542 001.076.305.575 001.018.013.513 001.013.000.513 001.040.043.558 Description/Account Amount COMPUTER LEASE: 3 YR WORKS? Total : 2019 WASTEWATER OPERATOR C Total : REFUND PERMIT APPEAL FEE Total : ADVERTISING LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total : REPAIR & MAINTENANCE SUPPLIE Total : COFFEE SVCS FOR CENTERPLAC Total : ADVERTISING LEGAL PUBLICATION LEGAL PUBLICATION 2,286.44 2,518.12 30.00 30.00 1,050.00 1,050.00 43.50 35.25 40.50 18.17 81.00 35.55 33.18 62.41 81.37 80.58 79.00 35.25 59.25 22.91 88.48 54.51 850.91 486.00 486.00 36.05 36.05 96.00 170.50 172.80 Page: 2 vchiist 1210512018 3:06:44PM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice 46260 12/5/2018 001447 FREE PRESS PUBLISHING INC 46261 12/5/2018 003297 HIGGINS, LEWIS ROD 46262 12/5/2018 000864 JUB ENGINEERS INC. 46263 12/5/2018 006328 KREM-TV 46264 12/5/2018 001944 LANCER LTD 46265 12/5/2018 004632 LEVEL 3 COMMUNICATIONS 46266 12/5/2018 000387 MODEL IRRIGATION DIST. #18 46267 12/5/2018 001035 NDM TECHNOLOGIES INC 46268 12/5/2018 000652 OFFICE DEPOT INC. (Continued) 49269 49270 49271 49272 49273 49274 49275 49296 49300 49301 49302 EXPENSES 0121257 11-18 SUMMARY BILL 0471683 75262650 2018 Acct 1930.0 27349 232078415001 Fund/Dept 001.013.000.513 001.013.000.513 001.013.000.513 001.040.043.558 001.040.043.558 001.040.043.558 001.013.000.513 001.040.043.558 001.013.000.513 001.040.043.558 001.040.043.558 001.011.000.511 101.042.000.542 DescriptionlAccount Amount LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total : EXPENSE REIMBURSEMENT Total : 2018 TIP MAINTENANCE & UPDATE Total : 001.040.042.558 ADVERTISING 001.040.043.558 BUSINESS CARDS 001.076.305.575 TELECOM SERVICES 001.076.300.576 001.090.000.518 001.018.014.514 Total : Total : Total : EXCESS WATER CHARGE APRIL -C Total : CP BARRACUDA BACKUP SERVER Total : OFFICE SUPPLIES: FINANCE Total : 25.00 39.95 38.25 92.65 87.55 90.10 184,80 134.40 25.50 99.45 66.30 1,323.25 117.31 117.31 15,302.05 15,302.05 32,775.00 32,775.00 38.09 38.09 1,369.32 1,369.32 1,437.95 1,437.95 3,640.77 3,640.77 169.99 169.99 Page: 3 uchlist 12/05/2018 3:06:44PM Voucher List Spokane Valley Page: 4 Bank code : apbank Voucher Date Vendor Invoice 46269 12/5/2018 000019 PURFECT LOGOS LLC 46270 12/5/2018 002193 ASCEND TECHNOLOGES INC 50678 9306 9307 46271 12/5/2018 006014 RECORDS MANAGEMENT PLUS LLC 1744 46272 12/5/2018 007047 RITTER, GLENN EXPENSES 46273 12/5/2018 002616 ROADWISE INC 57603 57617 57618 46274 12/5/2018 000031 ROYAL BUSINESS SYSTEMS 46275 12/5/2018 002520 RWC GROUP 46276 12/5/2018 000709 SENSKE LAWN & TREE CARE INC. 46277 12/5/2018 003231 SHERWIN WILLIAMS COMPANY 46278 12/5/2018 004535 SHRED -IT USA LLC 1N92931 170473 87205N 87477N 87512N 87646N 87929N 8740914 4683-3 8126132094 Fund/Dept 001.040.043.558 001.143.70.00 001.143.70.00 001.040.043.558 001.040.041.543 101.000.000.542 101.000.000.542 101.000.000.542 001.040.043.558 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 001.076.300.576 001.076.305.575 001.090.000.518 Description/Account Amount CUBICLE NAMES Total : SOFTWARE MAINTENANCE & SUP QALERT CRM Total : CLASSIFICATION FOLDERS -REDIC Total : EXPENSE REIMBURSEMENT Total : LIQUID MAG - FEEZGANT ZERO LIQUID MAG - FEEZGANT ZERO LIQUID MAG - FEEZGANT ZERO Total : NOVEMBER 2018 COPIER COSTS Total : REPAIR SERVICE #204 VEHICLE REPAIR & MAINT. SUPPLI VEHICLE REPAIR & MAINT. SUPPLI VEHICLE REPAIR & MAINT. SUPPLI VEHICLE REPAIR & MAINT. SUPPLI VEHICLE REPAIR & MAINT. SUPPLI Total : MISC PARK SERVICES Total : SUPPLIES FOR CENTERPLACE Total : 54.40 54.40 10,108.10 21,917.00 32,025.10 2,226.56 2,226.56 790.78 790.78 6,291.82 6,304.70 4,914.90 17,511.42 1,211.44 1,211.44 82.91 81.21 143.21 207.08 57.36 120.65 692.42 3,481.60 3,481.60 165.02 165.02 DOCUMENT DESTRUCTION 156.30 Total : 156.30 Page: 4 vch list 12/05/2018 3:06:44PM Voucher List Spokane Valley Page: 5 Bank code : apbank Voucher Date Vendor Invoice 46279 12/5/2018 002531 SIX ROBBLEES INC 46280 12/5/2018 004844 SOLARWINDS INC. 46281 12/5/2018 000230 SPOKANE CO AUDITORS OFFICE 46282 12/5/2018 000658 SPOKANE CO SUPERIOR COURT 46283 12/5/2018 000658 SPOKANE CO SUPERIOR COURT 46284 12/5/2018 000658 SPOKANE CO SUPERIOR COURT 46285 12/5/2018 000658 SPOKANE CO SUPERIOR COURT 46286 12/5/2018 000658 SPOKANE CO SUPERIOR COURT 46287 12/5/2018 000001 SPOKANE CO TREASURER 46288 12/5/2018 002540 SPOKANE HOUSE OF HOSE INC. 46289 12/5/2018 000419 SUMMIT LAW GROUP PLLC 5-839563 5-839564 5-839565 5-839910 IN400647 NOVEMBER 2018 3550.398 3550.397 3550.370 3550.265 3550.306 110100221 42000552 50317978 51504587 710900 Fund/Dept 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 001.090.000.518 001.040.043.558 001.013.015.515 Description/Account Amount VEHICLE REPAIR & MAINTENANCE VEHICLE REPAIR & MAINTENANCE VEHICLE REPAIR & MAINTENANCE VEHICLE REPAIR & MAINTENANCE Total : SOLARWINDS SUPPORT RENEWA Total : Total : Total : Total : Total Total : Total : RECORDING FEES FILING FEE 001.013.015.515 FILING FEE 001.013.015.515 FILING FEE 001.013.015.515 FILING FEE 001.013.015.515 FILING FEE 101.042.000.542 001.016.000.554 402.143.70.00 001.016.000.523 101.000.000.542 98456 001.018.016.518 OCTOBER 2018 ENGINEERING ANIMAL CONTROL SERVICES DEC STORMBILLAPP. USAGE FOR 201E NOVEMBER 2018 HOUSING Total : SMALL TOOLS/MINOR EQUIP: SNO Total : 49.74 - 50.05 - 89.22 94.54 5.01 3,824.32 3,824.32 1,101.00 1,101.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 60,013.27 21,178.22 1,350.00 134, 244.81 216,786.30 67.28 67.28 PROFESSIONAL SERVICES 262.50 Page: 5 vonlist 12105/2018 3:06:44PM Voucher List Spokane Valley Page: 6 Bank code : apbank Voucher Date Vendor Invoice 46289 12/5/2018 000419 000419 SUMMIT LAW GROUP PLLC (Continued) 46290 12/5/2018 002597 TWISTED PAIR ENTERPRISES LLC/1262018 46291 12/5/2018 000014 TYLER TECHNOLOGIES INC. 46292 12/5/2018 006846 US LINEN & UNIFORM INC 46293 12/5/2018 005002 WICK ENTERPRIZES LLC 46294 12/5/2018 002651 WOODARD, ARNE 46295 12/5/2018 005352 ZHUKOV, OKSANA 5615516 11/30/2018 005314 US BANK 5616392 11/30/2018 005314 US BANK 5662023 11/30/2018 000001 SPOKANE CO TREASURER 56 Vouchers for bank code : apbank 56 Vouchers in this report Total vouchers : 045-244590 2256537 2260326 2264060 2267805 20250 EXPENSES 1ST/2ND PICTURES 1291553 1291570 9290201435 Fund/Dept 001.011.000.511 001.143.70.00 101.042.000.543 101.042.000.543 101.042.000.543 101.042.000.543 001.018.013.513 001.011.000.511 001.018.016.518 204.204.000.591 204.000.000.591 001.016.000.521 DescriptionlAccount Amount Total : BROADCASTING COUNCIL MTGS Total : EDEN SOFTWARE MAINTENANCE Total : SUPPLIES: MAINTENANCE SHOP SUPPLIES: MAINTENANCE SHOP SUPPLIES: MAINTENANCE SHOP SUPPLIES: MAINTENANCE SHOP Total : ADVERTISING FOR SV EXPRESS Total : EXPENSE REIMBURSEMENT Total : "PICTURE 1T" WELLNESS CAMPAIC Total : LTGO REFUNDING BONDS 2014 Total : LTGO BONDS 1016 Total : LE CONTRACT BILLING NOVEMBE Total : Bank total : 262.50 964.00 964.00 50,673.31 50,673.31 30.63 30.63 30.63 30.63 122.52 350.00 350.00 87.66 87.66 25.00 25.00 471, 525.00 471,525.00 277,175.00 277,175.00 1,535,279.00 1,535,279.00 2,686,979.96 2,686,979.96 Page: 6 vchtist Voucher List 12/11/2018 10:48:59AM Spokane Valley Page: Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 6139 12/5/2018 000210 CITY OF SPOKANE VALLEY Ben83765 001.231.28.00 HEALTH REIMBURSEMENT ACCOUNT: 1,200.00 Total : 1,200.00 6495 12/5/2018 000165 DEPT OF RETIREMENT SYSTEMS 8en83767 001.231.15.00 PERS: PAYMENT 111,286.35 Total : 111,286.35 6497 12/5/2018 000699 WA COUNCIL CO/CITY EMPLOYEES Ben83769 303.231.21.00 UNION DUES: PAYMENT 2,744.06 Total: 2,744.06 6499 12/5/2018 006345 IDAHO CHILD SUPPORT RECEIPTING Ben83771 001.231.20.00 IDAHO CHILD SUPPORT RECEIPTING 163.33 Total : 163.33 6506 12/5/2018 000048 VANTAGE TRANSFER AGENTS. 401A PLAN Beri83773 001.231.14.00 401A: PAYMENT 31,917.32 Total : 31,917.32 6507 12/5/2018 000682 EFTPS Ben83775 001.231.11.00 FEDERAL TAXES: PAYMENT 33,379,27 Total : 33,379.27 6508 12/5/2018 000145 VANTAGEPOINT TRANSFER AGENTS, 457 PL} Ben83777 311.231.18.00 457 DEFERRED COMPENSATION: PAYE 6,842,20 Total : 6,842.20 6510 12/5/2018 000162 VANTAGE TRANSFER AGENTS, 401A EXEC Pt Ben83779 001.231.14.00 401 EXEC PLAN: PAYMENT 663.00 Total 663.00 6517 12/5/2018 000682 EFTPS Ben83783 001.231.11.00 FEDERAL TAXES: PAYMENT 1,026.08 Total: 1,026.08 46296 1215/2018 000120 AWC BenB3763 501.231.16.00 HEALTH PLANS: PAYMENT 131,916.40 Ben83781 001,231.16.00 HEALTH PLANS (COUNCIL): PAYMENT 10,578.57 Total : 142,494.97 10 Vouchers for bank code : apbank Bank total : 331,716.58 10 Vouchers in this report Total vouchers: 331,716.58 Page: vchlist 12/11/2018 11:40:29AM Voucher List Spokane Valley Page: --- Bank code : apbank Voucher Date Vendor Invoice 46297 12/11/2018 004046 AMERICAN ONSITE SERVICES 46298 12/11/2018 000334 ARGUS JANITORIAL LLC 46299 12/11/2018 001545 BERNARDO WILLS ARCHITECTS PC 46300 12/11/2018 000918 BLUE RIBBON LINEN SUPPLY INC 46301 12/11/2018 002837 CENTRAL PRE -MIX CONCRETE CO 46302 12/11/2018 001169 CITY OF SPOKANE VALLEY 46303 12/11/2018 000742 DCI ENGINEERS 46304 12/11/2018 003274 EXCHANGE PUBLISHING LLC 46305 12/11/2018 005046 FASTSIGNS 46306 12/11/2018 001447 FREE PRESS PUBLISHING INC A-276493 CM INV04033 1 N V04033 2018-0731 0013108 0015071 0017035 S0204236 S0204681 2725234 10/26/2018 11/29/2018 12/4/2018 115249_R 512766 540-10716 49239 Fund/Dept 001.076.300.576 101.042.000.543 001.033.000.518 309.000.280.594 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 309.000.282.594 001,040.042.558 001.076.305.575 001.076.305.369 001.076.000.576 309.000.280.594 001.076.301.571 309.000.280.594 Description/Account Amount PORTABLE RESTROOMS AT PARK: Total : MISSED SERVICE 10/25/18 MAINT I JANITORIAL SVCS: CITY HALL, PRI Total : 0280 -DESIGN SERVICES Total : LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY ATC LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY AT C Total : CONCRETE FOR BROWNS PARK 0 Total : PETTY CASH: 17295, 96,97,98,99 PETTY CASH PARKS: 15358 PETTY CASH PARKS: OVERAGE/SI Total : ROW SERVICES TASK 3 SULLIVAN Total : LEGAL PUBLICATION Total : SIGNAGE FOR PARKS AND REC Total : 169.00 169.00 -20.04 9,115.45 9,095.41 3,009.13 3,009.13 411.74 424.25 411.74 42.54 811.50 2,101.77 379.38 379.38 11.69 10.00 18.00 39.69 1,440.00 1,440.00 43.50 43.50 147.97 147.97 LEGAL PUBLICATION 145.70 Total : 145.70 Page: vch list 12/1112018 11:40:29AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 46307 12/11/2018 000609 GENDRONS CO 46308 12/11/2018 000007 GRAINGER 46309 12/11/2018 004125 IBEX FLOORING LLC 46310 12/11/2018 001635 ISS FACILITY EVENT SERVICES 46311 12/11/2018 007053 JOHNSON, SHARI 46312 12/11/2018 000252 LOWE'S BUSINESS ACCOUNT 46313 12/11/2018 000464 MCCLINTOCK & TURK INC. 46314 12/11/2018 007018 NORTHWEST HVAC/R ASSN & 46315 12/11/2018 001860 PLATT ELECTRIC SUPPLY 46316 12/11/2018 002592 PURE FILTRATION PRODUCTS 10363 9001388959 9883 1340890 1340891 Expenses Nov 2018 BLD -2018-2882 BLD -2018-2884 19824 T630908 T784254 T805491 51736 46317 12/11/2018 000709 SENSKE LAWN & TREE CARE INC. 8736802 8779708 Fund/Dept Description/Account Amount 101.042.000.542 SUPPLIES: CPW ENGINEERING Total : 001.016.016.521 SUPPLIES FOR PRECINCT 001.076.305.575 ADHESIVE FOR FLOORING AT CEN Total : Total : 001.076.305.575 001.076.305.575 001.076.305.575 001.033.000.518 001.040.043.322 001.040.043.322 001.076.305.575 001.076.305.575 001,033.000.518 001.076.305.575 001.076.305.575 001.016.016.521 001.033.000.518 EVENT SVCS AT CENTERPLACE EVENT SVCS AT CENTERPLACE Total : EXPENSE REIMBUSREMENT Total : OPERATING SUPPLIES: CITY HALL Total PERMIT REFUND: BLD -2018-2882 PERMIT REFUND: BLD -2018-2884 Total : REGISTRATION FOR CLASS - WILL Total : SUPPLIES FOR CENTERPLACE SUPPLIES FOR CITY HALL SUPPLIES FOR CENTERPLACE Total : MAINTENANCE SUPPLIES CENTEF Total MONTHLY SERVICES AT PRECINC- SERVICE AT CITY HALL 15-024.09 Total : 62.38 62.38 102.08 102.08 39.28 39.28 31.61 36.87 68.48 25.86 25.86 1,204.79 1,204.79 242.00 133.00 375.00 120.00 120.00 36.46 37.30 205.88 279.64 241.39 241.39 543.85 281.79 825.64 Page: vch list 12/11/2018 11:40:29AM Voucher List Spokane Valley Page: -3— Bank code : apbank Voucher Date Vendor Invoice 46318 12/11/2018 003532 STERICYCLE COMMUNICATION SOLUT 8010882624 46319 12/11/2018 006422 SUPPLYWORKS 462498296 462924887 463142737 465158871 46320 12/11/2018 002306 TERRELL LANDSCAPE ARCHITECT, MIC 3365 46321 12/11/2018 001472 TESTAMERICA LABORATORIES 46322 12/11/2018 007059 TUPPER, KEN 46323 12/11/2018 007054 ULMER, NICOLE 27 Vouchers for bank code : apbank 27 Vouchers in this report 5900001032 ALT -2018-0002 ALT -2018-0003 Expenses Fund/Dept 001.076.305.575 001.033.000.518 001 016.016.521 001.033.000.518 001.033.000.518 309.000.271.594 001.076.300.576 001.040.043.322 001.040.043.322 001.076.305.575 Description/Account Amount ANSWERING SERVICE FOR CENTE Total SUPPLIES FOR CITY HALL SUPPLIES FOR PRECINCT SUPPLIES FOR CITY HALL SUPPLIES FOR CITY HALL Total : 0271 -ENGINEERING & ARCHITECT Total : J9989-1 MONTHLY DRINKING WATI Total : PERMIT REFUND: ALT -2018-0002 PERMIT REFUND: ALT -2018-0003 Total : EXPENSE REIMBURSEMENT Total : 39.44 39.44 280.14 143.16 146.98 146.38 716.66 717.56 717.56 29.50 29.50 188.00 183.00 371.00 25.86 25.86 Bank total : 21,816.11 Total vouchers : 21,816.11 Page: —3-- vchlist 12/11/2018 11:48:38AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 46324 12/11/2018 000648 ABADAN REPROGRAPHICS 46325 46326 46327 46328 46329 46330 12/11/2018 006382 AHBL INC 12/11/2018 006574 12/11/2018 000271 12/11/2018 007058 12/11/2018 004231 12/11/2018 000734 AWARD CONSTRUCTION INC BAINBRIDGE, CHRISTINE BALDWIN, GREG BELSBY ENGINEERING DEPT OF TRANSPORTATION 46331 12/11/2018 000734 DEPT OF TRANSPORTATION 46332 12/11/2018 003261 FEHR & PEERS 46333 12/11/2018 002975 FREEDOM SALES AND SUPPLY LLC 46334 12/11/2018 001253 GORDON THOMAS HONEYWELL 46335 12/11/2018 000321 GREATER SPOKANE INC 96982 110204-1 110204-2 110204-3 PAY APP 4 EXPENSES 1ST & 2ND PICTURES 18357 RE-313-ATB81114050 RE-313-ATB81114060 RE 46 JG6457 L015 126143 -REV 2018826 Nov18 1042 120032 Fund/Dept Description/Account 001.040.041.543 303.000.277.595 303.000.276.595 303.000.275.595 303.303.166.595 001.013.000.513 001.018.016.518 303.000.278.595 101.042.000.542 101.042.000.542 303.000.258.595 314.000.143.595 101.042.000,543 001.011.000.511 001.040.042.558 Amount OFFICE SUPPLIES: CPW Total : 0277 -SURVEYING SERVICES 0276 -SURVEYING SERVICES 0275 -SURVEYING SERVICES Total : 0166 -CONSTRUCTION CONTRACT Total : EXPENSE REIMBURSEMENT Total: "PICTURE IT" WELLNESS CAMPAIC Total : 0278 -SURVEY SERVICES Total : REIMBURSE TRAFFIC SVCS REIMBURSE ROADWAY MAINT. Total : GIP 0258: TRAFFIC SIGNAL/1TS !N` Total : 0143 -TRAFFIC ANALYSIS Total : FIRST AID SUPPLIES: MAINTENAN1 Total : GOVERNMENTAL AFFAIRS Total : BASE INVESTMENT/PUBLIC 1NVES 121,12 121.12 4,772 00 7,704.00 11, 736.00 24, 212.00 8,223.43 8,223.43 27.20 27.20 25.00 25.00 742.50 742.50 13,937.53 7,293.19 21,230.72 2,555.09 2,555.09 964.60 964.60 94.10 94.10 4,612.42 4,612.42 3,583.34 Page: �t vchlist 12/11/2018 11:48:38AM Voucher List Spokane Valley Page: Bank code: agbank Voucher Date Vendor Invoice 46335 12/11/2018 000321 000321 GREATER SPOKANE INC 46336 12/11/2018 005353 INTERMOUNTAIN MATERIALS 46337 12/11/2018 000786 K & N ELECTRIC MOTORS INC. 46338 12/11/2018 006645 LA CONSULTING INC 46339 12/11/2018 006537 MONTANO, NICOLE 46340 12/11/2018 007057 OEDEWALDT, LISA 46341 12/11/2018 000652 OFFICE DEPOT INC. 46342 12/11/2018 004621 OREILLYAUTOMOTIVE STORES INC 46343 12/11/2018 005049 PEDERSON, MICHAEL ROY (Continued) 10213 0127631 0014629 1ST & 2ND PICTURES 1ST & 2ND PICTURES 229715364001 229716768001 229716770001 231775050001 232297129001 234680738001 238639246001 2862-305337 2862-306255 2862-306863 2862-307060 2862-307071 2862-307160 NOVEMBER 2018 46344 12/11/2018 000868 POWER CITY ELECTRIC CON. INC. PAY APP 4 Fund/Dept 311.000.272.595 402.402.000.531 402.402.000.531 001.018.016.518 001,018.016.518 001.040.041.543 001.040.041.543 001.040.041.543 001.040.041.543 001.040.041.543 001.090.000.518 001.040.041.543 101.000.000.542 101.042.000.542 101.000.000.542 001.040.041.543 001.040.041.543 001.040.041.543 101.042.000.542 303.000.201.595 Description/Account Amount 0272 -MATERIALS TESTING REPAIR SERVICE PROFESSIONAL SERVICES Total : 3,583.34 Total : Total : Total : "PICTURE IT" WELLNESS CAMPAIC Total : "PICTURE IT" WELLNESS CAMPAIC Total : OFFICE SUPPLIES: CPW OFFICE SUPPLIES: CPW OFFICE SUPPLIES: CPW OFFICE SUPPLIES: CPW OFFICE SUPPLIES: CPW COMPUTER HARDWARE NON -CAF OFFICE SUPPLIES: CPW Total : REPAIR & MAINT. SUPPLIES: SNO\ REPAIR & MAINT. SUPPLIES: STRE VEHICLE MAINT. & REPAIR SUPPLI VEHICLE REPAIR & MAINT. SUPPLI VEHICLE REPAIR & MAINT. SUPPLI VEHICLE REPAIR & MAINT. SUPPL Total : DEAD ANIMAL REMOVAL Total : 2,720.03 2,720.03 848.64 848.64 1,278.10 1,278.10 25.00 25.00 25.00 25.00 361.03 22.84 13.31 27.80 -22.84 -143.61 40.48 299.01 130.45 28.85 24.07 37.19 10.98 26.09 257.63 1,200.00 1,200.00 0201 -CONSTRUCTION CONTRACT 17,137.84 Page: vchlist 12111/2018 11:48:38AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 46344 12/11/2018 000868 000868 POWER CITY ELECTRIC CON. INC. (Continued) Total : 17,137.84 46345 12/11/2018 005968 PRECISE MRM LLC IN200-1019107 101.042.000.542 DATA PLAN 275.00 Total : 275.00 46346 12/11/2018 000019 PURFECT LOGOS LLC 50740 101.042.000.542 VEHICLE MAGNETS 130.56 Total : 130.56 46347 12111/2018 002835 SCS DELIVERY INC 12633 001.011.000.511 BROADCASTING 100.00 Total : 100.00 46348 12/11/2018 006773 SMARSH INV00437373 001.011.000.511 TEXT MESSAGING ARCHIVING CO 355.95 Total : 355.95 46349 12/11/2018 000854 SPVV LANDSCAPE ARCHITECTS 1755.11 303.303.123.595 0123 -LANDSCAPE DESIGN 1,431.21 Total : 1,431.21 46350 12/11/2018 006446 STAUFFER, GREG 1ST & 2ND PICTURES 001.018.016.518 "PICTURE IT WELLNESS CAMPAIC 25.00 Total : 25.00 46351 12/11/2018 006865 THOMAS, DEAN & HOSKINS INC 15112 303.303.123.595 CIP 0123: ON-CALL CONSTRUCTIC 17,816.55 Total : 17,816.55 46352 12/11/2018 007056 UTILITY TRENCH TECHNOLOGY LLC 8651 101.042.000.542 SUPPLIES: STREET 206.72 Total : 206.72 46353 12/11/2018 000087 VERIZON WIRELESS 9818642287 001.076.302.576 NOVEMBER 2018 VERIZON CELL F 3,354.31 Total : 3,354.31 46354 12/11/2018 002363 WESTERN STATES EQUIPMENT CO IN000815140 101.042.000.542 EQUIPMENT RENTAL: STREET DEF 626.69 Total : 626.69 46355 12/11/2018 000962 WSBA 2019 001.013.015.515 LICENSE DUES FOR PRUNTY 2019 483.00 Total : 483.00 46356 12/11/2018 001885 ZAYO GROUP LLC 2018120005522 001.090.000.518 INTERNET 621.00 Total : 621.00 46357 12/11/2018 001885 ZAYO GROUP LLC 2018120003578 001.090.000.518 INTERNET - DARK FIBER 253.25 Page: vchlist 12/11/2018 11:48:38AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 46357 12111/2018 001885 001885 ZAYO GROUP LLC 46358 12/11/2018 001885 ZAYO GROUP LLC 5704576 12/5/2018 000001 SPOKANE CO TREASURER 36 Vouchers for bank code : apbank 36 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date (Continued) 2018120025710 Total : 253.25 001.090.000.518 INTERNET SERVICE 234.25 Total : 234.25 NOVEMBER 2018 001.016.000.512 SPOKANE COUNTY SERVICES Total : Bank total : 213, 333.76 213,333.76 329,430.02 Total vouchers : 329,430.02 Page: — #--- DRAFT Attendance: Councilmembers MINUTES SPOKANE VALLEY COUNCIL MEETING STUDY SESSION Spokane Valley City Hall Council Chambers Spokane Valley, Washington December 4, 2018 Staff Rod Higgins, Mayor Pam Haley, Deputy Mayor Brandi Peetz, Councilmember Linda Thompson, Councilmember Ben Wick, Councilmember Sam Wood, Councilmember Arne Woodard, Councilmember Mark Calhoun, City Manager John Hohman, Deputy City Manager Cary Driskell, City Attorney Chelsie Taylor, Finance Director Mike Stone, Parks & Recreation Director Bill Helbig, City Engineer Mark Werner, Police Chief Marty Palaniuk, Planner Ray Wright, Senior Engineer, Traffic Erica Amsden, Sr. Engineer/Project Manager Rob Lochmiller, Sr. Engineer/Project Manager Christine Bainbridge, City Clerk Mayor Higgins called the meeting to order at 6:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present, including Councilmember Thompson via remote conference phone. APPROVAL OF AMENDED AGENDA: It was moved by Deputy Mayor Haley, seconded and unanimously agreed to approve the amended agenda. ACTION ITEM: 1. First Reading Proposed Ordinance 18-025, Open Space Code Text Amendment — Marty Palaniuk After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Haley and seconded, to advance Ordinance 18-025 to a second reading. It was then moved by Councilmember Woodard and seconded, to amend the motion and delete the open space requirements in 19.70.050g. Via his PowerPoint, Planner Palaniuk explained that this is a City -initiated code text amendment to amend the open space requirements in the mixed use zones, and to amend Appendix A definitions; that the amendment seeks to encourage mixed use (MU) projects in the MU zones and require open space for multi -family projects by adjusting the standards in those MU zones, and if adopted as recommended, it would require all multi- family projects to provide open space, add language to identify what form mixed use must take within a development, specify that parking areas shall not be considered a non-residential use for the purpose of classifying a project as mixed use, eliminate the 'fee in lieu of' open space land dedication, and add a definition for mixed use in Appendix A. Mr. Palaniuk said that the Planning Commission conducted a public hearing on September 27, 2018, and following that hearing and deliberations, the Commission voted five to two to recommend this amendment be approved. Mayor Higgins asked Councilmember Woodard to explain his amended motion. Concerning his amended motion to eliminate the requirement of any open space in all MU zones, Councilmember Woodard said we are the only community that has any kind of set-aside for open space, Spokane City and Spokane County do not; and this space isn't there for kids generally; said he realizes if this amended motion passes it would require Council to hold a public hearing since this amendment is contrary to the recommendations of the Planning Commission; said he read all the minutes of the Planning Commission meetings over the eight months this was discussed, and out of the public hearings and comments, only one person testified; and said he sees that as not being a concern of the public now or likely Council Study Session: 12-04-2018 Page 1 of 4 Approved by Council: DRAFT in the future. In response to Councilmember Wick's question, Mr. Palaniuk said if we remove `g' as suggested, all the open space requirements in the multi -family zone would be eliminated. After he explained the process, Mayor Higgins invited public comment. Mr. Arthur Whitten, Government Affairs with Spokane Home Builders Association: said his association has over 700 member businesses about 200 of which are in Spokane Valley; that mixed use usually has a mixture of uses; and he sees the open space as a potential barrier, adding that he believes some good came out of the proposal as he was concerned with the under 10 -unit exemption, which he said was put in there for small scale families; and said he recommends Council approve Mr. Woodard's amended motion. There were no other public comments. Council discussion included comment from Councilmember Wick that not many people study open spaces as they entrust the Council to do that, hence there were not a lot of people testifying; said he believes there are people concerned with the lack of open space; that the Planning Commission discussed this for eight months and it was ultimately approved by a five to two vote; said he likes what they did. Deputy Mayor Haley said after re -reading the information, all the area won't be a family apartment complex, and said she'd rather not legislative something not needed. Councilmember Peetz said she agreed with Councilmember Wick; that she has received emails about construction and growth and about wanting to keep neighborhood integrity and that part of the Valley's identity is open space. Councilmember Wood said he is against government regulation whenever possible as many times government over -regulates; that it is a property right and in not in the residential areas, so it doesn't make sense to have the open space. Councilmember Thompson said she too will vote against the amendment, as Council has to protect citizens who are asking for more open space. Vote on the motion to amend: In. favor: Mayor Higgins, Deputy Mayor Haley, and Councilmembers Woodard and Wood. Opposed: Councilmembers Thompson, Wick and Peetz. The motion to amend passed. Vote on the fully amended motion to advance Ordinance 18-025 to a second reading, and to delete the open space requirements in 19.70.050g: In favor: Mayor Higgins, Deputy Mayor Haley, and Councilmembers Woodard and Wood. Opposed: Councilmembers Thompson, Wick and Peetz. The amended motion passed. City Attorney Driskell said we will schedule a public hearing between now and the second ordinance reading, and Mr. Calhoun noted the public hearing and the second reading will both likely be on the January 8, 2019 meeting, but he will let Council know once that date has been confirmed. NON -ACTION ITEMS: 2. Washington Cities Insurance Authority (WCIA) Briefing — Cary Driskell City Attorney Driskell explained that tonight is an opportunity to receive training on some issues where there could be potential liability; and he introduced Mr. Andy Cooley, attorney from the law firm Keating, Bucklin & McCormack, who will provide this training courtesy of WCIA (Washington Cities Insurance Authority). Via his PowerPoint, Mr. Cooley explained about the relationship between elected officials and public works especially where road design is concerned. Mr. Cooley said he wanted Council to understand the important obligation elected officials have to their constituency, as well as the degree of professionalism and science that goes into public works and traffic engineering. Mr. Cooley talked about some past lawsuits involving crosswalks; warning signs on the roadway such as pedestrian crossing signs, upcoming school crossings, and illuminated pedestrian crosswalk signs. He also discussed potential councilmember liability and gave some relevant case law. Mr. Cooley stressed that engineering is very complicated, despite what some drivers might believe, that changes after a high profile accident are very risky, and changes based on "political engineering" are especially dangerous and could result in possible liability; and as final bullet points, he stressed the importance of elected officials need to understand the important obligation they have to their constituency, understand the degree of science and professional that goes into public works and traffic engineering, understand where elected officials and public works can collaborate, and understand when council can act in a way that is not helpful. 3. Ridgemont Neighborhood, 22nd Avenue — Bill Helbig, Ray Wright, Police Chief Werner City Engineer Helbig, along with Police Chief Werner and Senior Engineer Wright, gave some of the background of the traffic in this neighborhood, specifically along 22nd Avenue, as noted in the December Council Study Session: 12-04-2018 Page 2 of 4 Approved by Council: DRAFT 4, 2018 Request for Council Action form; and via the PowerPoint presentation, staff explained further about the neighborhood, ideas generated from some of the residents based on their concerns of safety, traffic volume and road design; investigation outcomes of speed and volume studies; City findings, enforcement efforts, and staff recommendations, which include continue implementing and enforcing the truck restrictions, and continued monitoring of the area. There was further discussion about some of the findings, such as there is no accident history, and that a stop sign is not warranted based on the MUTCD (Manual on Uniform Traffic Control Devices), as the purpose of a stop sign is to assign right-of-way. It was mentioned that staff is not able to restrict the roadway just to residents, since it is a public road. Chief Werner also noted that after the truck signs were put in the first part of October, there were four vehicle violations, and that his department reached out to educate the companies. Councilmember Woodard asked if Council directed staff to do something other than what the research shows, could that put us at further and greater risk for lawsuits, and City Attorney Driskell agree, explaining that engineering must dictate what is proper concerning traffic engineering. Mayor Higgins called for a ten-minute recess at 7:41 p.m., and he reconvened the meeting at 7:51 p.m. 4. Sullivan Bridge Project Completion Update — Gloria Mantz, Erica Amsden Ms. Mantz explained some of the background of this project as noted on her Request for Council Action form; and she and Ms. Amsden went through the PowerPoint discussing the purpose and project schedule, the change order summary and budget status, and the project successes, including a new bridge with additional capacity and a 75 year life expectancy, as well as improved river access and viewing platforms. 5. Barker Road Grade Separation Project Update — Gloria Mantz Ms. Mantz explained the background of this project as noted on her Request for Council Action form; and she and Mr. Lochmiller went through the PowerPoint discussing the summary of the financing sources, major milestones including negotiating the TIGER IX Agreement with the U.S. Department of Transportation, right-of-way acquisition and the number of property owners and parcels affected, and the next steps for the project. 6. Pines Road Grade Separation Project Update — Gloria Mantz Ms. Mantz explained the background of this project as noted on her Request for Council Action form; and she and Ms. Amsden went through the PowerPoint discussing project location, existing conditions, project timeline, and the alternative analysis as well as project cost and funding. Councilmember Wick mentioned some concerns that where brought up at the FMSIB Board meeting and Ms. Mantz said she would get in contact with the appropriate people to discuss any concerns. Ms. Mantz noted that staff will bring a future motion to Council to determine either alternate one or two, and once that selection is determined, an analysis will be conducted to determine whether a round -about or a signal would work best. 7. Advance Agenda — Mayor Higgins There were no suggested changes to the Advance Agenda. 8. Council Check-in — Mayor Higgins There were no additional comments from Council. 9. City Manager Comments - Mark Calhoun Giving a brief history of the amenities for the Appleway Trail Project from University to Pines, City Manager Calhoun explained about some of the budgeting and the appropriation by the legislators of $539,000 and that those funds must be spent by June 30, 2019. He noted Parks & Recreation Director Stone has been working hard to get the grant funding underway and design the project; that this past Friday November 30, there was bid opening for that project, but we had no bidders; hence we now have six and a half months to use those funds. Mr. Calhoun said staff is working on an alternate plan of managing the project internally and handling individual pieces in separate projects as an effort to spend all the funds before the June 30 deadline. Council Study Session: 12-04-2018 Page 3 of 4 Approved by Council: DRAFT On a different matter, Mr. Calhoun noted that Liberty Lake City Administrator Katy Allen contacted him about having a joint meeting with them and Millwood, sometime after the first of the year. Mr. Calhoun said that no agenda has been set, and he asked Council if they are interested in such a meeting, and if so, what topics would Council like to include on the agenda. Discussion ensued regarding difficulty in trying to get all three councils together for a meeting and that there are no suggested agenda topics at this point; that Liberty Lake and our City would likely have more in common than all three entities; that having all three councils together would be similar to the County's Council of Governance meetings; that having several members of each council get together informally might be more beneficial; and that it would be a collaborative process to continue building camaraderie. By a show of hands, Mayor Higgins, Deputy Mayor Haley, and Councilmembers Woodard and Wood were not in favor of setting a meeting, while Councilmembers Peetz, Wick and Thompson indicated they would like to set a meeting. Councilmember Woodard suggested Mr. Calhoun might ask Ms. Allen if she has any topics in mind, and if there are, that he might consider such a meeting. Mr. Calhoun said he would contact Ms. Allen to let her know that if there are specific items, our Council might consider such a meeting, but the consensus is a preference to have less than a quorum of our Councilmembers get together with less of a quorum of their Councilmembers. 10. Executive Session: Land Acquisition [RCW 42.30.110(1)(b)] It was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn into executive session for approximately thirty minutes to discuss land acquisition, and that no action would be taken upon return to open session. Council adjourned into executive session at 8:43 p.m. At approximately 9:12 p.m., Mayor Higgins declared Council out of executive session, at which time it was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Council Study Session: 12-04-2018 Page 4 of 4 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 18, 2018 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading — Ordinance 18-027 granting Level 3 Telecom of Washington LLC, a fiber franchise renewal. GOVERNING LEGISLATION: Chapter 35.99 RCW; RCW 35A.11.020. PREVIOUS COUNCIL ACTION TAKEN: The City Council previously approved a 10 year fiber franchise to the prior owner of the facilities, Time Warner Telecom, effective June 28, 2006, and which expired in June, 2016. The parties have continued operating under the terms of the old franchise while negotiating the terms of this replacement franchise, which has very similar terms. Staff provided an administrative report December 11, 2018. BACKGROUND: This proposed franchise to Level 3 Telecom of Washington, LLC, is nearly identical to those granted earlier this year to Verizon, Mobilitie, and Extenet, and would allow Level 3 to continue to have its fiber facilities in the City's rights-of-way for the benefit of our residents and businesses. This proposed franchise would be for 10 years. Level 3 Telecom of Washington LLC is a subsidiary of CenturyLink OPTIONS: (1) Move to suspend the rules and adopt on first reading; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: I move we suspend the rules and adopt Ordinance 18-027 granting a franchise to Level 3 Telecom of Washington, LLC. BUDGET/FINANCIAL IMPACTS: Not applicable. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Proposed Ordinance 18-027 granting a telecommunications franchise to Level 3 Telecom of Washington, LLC. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 18-027 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO LEVEL 3 TELECOM OF WASHINGTON, LLC, TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service;" and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective;" and WHEREAS, this Ordinance has been submitted to the City Attorney prior to its passage; and WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: "City Manager" means the City Manager or designee. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. "day" shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. "hazardous substances" shall have the same meaning as RCW 70.105D.020(10). Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 1 of 13 DRAFT "maintenance, maintaining or maintain" shall mean the work involved in the replacement and/or repair of facilities, including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. "overbuilding" shall mean adding additional fiber capacity to an existing conduit housing fiber optic cable. "overlashing" shall mean the act of lashing new fiber optic cable to an existing aerial fiber optic cable. "permittee" shall mean a person or entity who has been granted a permit by the permitting authority. "permitting authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights-of-way. "product" shall refer to the item, thing or use provided by the Grantee. "public property" shall mean any real estate or any facility owned by the City. "relocation" shall mean any required move or relocation of an existing installation or equipment owned by Grantee whereby such move or relocation is necessitated by installation, improvement, renovation or repair of another entity's facilities in the rights- of-way, including Grantor's facilities. "right-of-way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or public way now or hereafter held or administered by the City. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. "telecommunications facilities" shall mean any of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, fiber optics, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services. The abandonment by Grantee of any telecommunications facilities as defined herein shall not act to remove the same from this definition. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City"), hereby grants unto Level 3 Telecom of Washington, LLC formerly known as tw telecom of washington llc, formerly known as Time Warner Telecom of Washington LLC, as established in Ordinance No. 06-016 (hereinafter "Grantee"), a franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace, upgrade and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across, over, through, along or below the public rights-of-way and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "franchise"). This Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 2 of 13 DRAFT franchise does not permit Grantee to use such facilities to provide cable services as defined by 47 C.F.R. § 76.5(0. Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such right-of-way use or franchise fee that may be imposed by subsequent ordinance, subject to RCW 35.21.860, would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. The following provisions shall apply regarding City use. A) City may request that Grantee provide one or more strands (two pair) of dark fiber for City to use solely for City government administration purposes. Upon receipt of such request, City and Grantee shall meet as soon as practicable to determine whether Grantee has dark fiber available in the locations requested by City, and if Grantee has dark fiber available, City and Grantee will engage in good faith discussions to develop mutually agreeable terms for acquisition of such dark fiber. B) Consistent with and subject to RCW 35.99.070, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights-of-way, the City Manager may require Grantee to provide the City with additional duct or conduit and related structures, at incremental cost (such costs to include the material costs, as well as changes in the costs of labor, materials, and engineering attributable solely to the City's request), necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this section shall only be used for City municipal, non-commercial purposes and City agrees further: 1) The City shall not require that the additional duct or conduit space be connected to the access structures and/or vaults of the Grantee. 2) This section shall not affect the provision of an institutional network by a cable television provider under federal law. 3) Grantee shall notify the City Manager at least 14 days prior to opening a trench in the public right-of-way to allow the City to exercise its options as provided herein and if City does not agree within such time to inclusion of ducts or conduits pursuant to this section, its right to same shall be waived. Section 5. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all lawful permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Section 6. Non -Exclusivity. This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises or permits in any rights-of-way. This and other franchises shall, in no way, prevent or prohibit the City from using any of its rights-of-way or affect its jurisdiction over them or any part of them. Section 7. Non -Interference with Existing Facilities. Subject at all times to applicable federal and state law, including chapter 35.99 RCW, the City shall have prior and superior right to the use of its rights-of- way and public properties for installation and maintenance of its facilities and other governmental purposes, including power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 3 of 13 DRAFT maintenance, and improvement of all new rights-of-way, streets, avenues, thoroughfares and other public properties of every type and description. The costs for any and all such removal or replacement of the telecommunications facilities shall generally be without cost to the City, except to the extent required by federal or state law, including RCW 35.99.060. City shall give Grantee sufficient advance written notice, commensurate to the complexity of the project but in no event less than 60 days, of a request to remove, adjust or relocate its facilities from the public rights-of-way. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by the date established by written notice from the City to Grantee, the City may cause and/or effect such removal, adjustment or relocation, and the actual, documented expense thereof shall be paid by Grantee. This shall not apply to delay caused by the City, its contractors, or third parties. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the telecommunications facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's telecommunications facilities shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights-of-way by or under the City's authority. If the work done under this franchise damages or interferes in any way with the public use or other facilities, Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the reasonable satisfaction of the City. Section 8. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Application of said federal, state, and City Codes and regulations shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its telecommunications facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this franchise, Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's telecommunications facilities or safety thereof. Joint users shall be required to contribute to the costs of excavation and filling on a pro -rata basis. Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 10. Tree Trimming. Grantee shall have the authority to conduct pruning and trimming for access to Grantee's telecommunications facilities in the rights-of-way subject to compliance with the City Code. All such trimming shall be done at Grantee's sole cost and expense. Section 11. Emergency Response. Grantee shall, within 30 days' of the execution of this franchise, designate one or more responsible people and an emergency 24-hour on-call personnel, and the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate with the City to immediately respond with action to aid in the protection of the health and safety of the public. Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 4 of 13 DRAFT In the event Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property, and Grantee shall be responsible to reimburse the City for its actual, documented costs and expenses. Section 12. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One -Call statutes. Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Section 13. Safety. All of Grantee's telecommunications facilities in the rights-of-way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the telecommunications facilities. Section 14. Movement of Grantee's Telecommunications Facilities for Others. Whenever any third party shall have obtained permission from the City to use any right—of-way for the purpose of moving any building or other oversized structure, Grantee, upon at least 14 days' written notice from the City, shall move, at the expense of the third party desiring to move the building or structure, any of Grantee's telecommunications facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's telecommunications facilities, as determined by the City. Upon good cause shown by Grantee, the City may require more than 14 days' notice to Grantee to move its telecommunications facilities. Section 15. Acquiring New Telecommunications Facilities. Upon Grantee's acquisition of any new telecommunications facilities in the rights-of-way, or upon any addition or annexation to the City of any area in which Grantee retains any such telecommunications facilities in the rights-of-way, Grantee shall submit to the City a written statement describing all telecommunications facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this franchise. Such or similar disclosure in this franchise shall occur subject to any and all applicable privacy laws, including 47 U.S.C. § 222. Section 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of telecommunications facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of the adjoining right-of-way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City pursuant to this section, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to the City for all actual, documented costs and expenses thereof to the extent caused by Grantee. Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and local laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's telecommunications facilities in the rights—of-way. Grantee agrees to indemnify the City against any claims, costs, and expenses, Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 5 of 13 DRAFT incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its telecommunications facilities within the City's rights-of-way, excepting any claim, cost, or expenses of any kind arising out of the release caused by the City or its employees, agents, contractors, or subcontractors. Section 18. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the franchise or subsequent to its termination. Section 19. Relocation of Telecommunications Facilities. Grantee agrees and covenants, at its sole cost and expense to protect, support, temporarily disconnect, relocate or remove from any street any of its telecommunications facilities when so required by the City in accordance with the provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of its telecommunications facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then -existing telecommunications facilities, the City shall: (A) At least 60 days' prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and (B) Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's telecommunications facilities so that Grantee may relocate its telecommunications facilities in other City rights-of-way in order to accommodate such improvement project; and (C) After receipt of such notice and such plans and specifications, Grantee shall complete relocation of its telecommunications facilities at no charge or expense to the City except as otherwise set forth in RCW 35.99. Grantee may, after receipt of written notice requesting a relocation of its telecommunications facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the telecommunications facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this section. The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its telecommunications facilities by any person or entity other than the City, where the telecommunications facilities to be constructed by said Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 6 of 13 DRAFT person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. If the City or a contractor for the City is delayed at any time in the progress of the work by an act or neglect of Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees to the extent arising out of or in connection with such delays, except for delays and damages wholly outside of Grantee's control, including those caused by the City or its contractor. This provision may not be waived by the parties except in writing. Section 20. Abandonment of Grantee's Telecommunications Facilities. No facility constructed or owned by Grantee may be abandoned without the express written consent of the City, which consent shall not be unreasonably withheld. The City has discretion and authority to direct Grantee to remove a facility abandoned by Grantee (whether or not the entity had permission to abandon the facility) and restore the rights-of-way to their pre -removal condition when: (a) a City project involves digging that will encounter the abandoned facility; (b) the abandoned facility poses hazard to the health, safety, or welfare of the public; (c) the abandoned facility is 24 inches or less below the surface of the rights-of-way and the City is reconstructing or resurfacing a street over the rights-of-way; or (d) the abandoned facility has collapsed, broke, or otherwise failed. Grantee may, upon written approval by the City, delay removal of the abandoned facility until such time as the City commences a construction project in the rights-of-way unless (b) or (d) above applies. When (b) or (d) applies, Grantee shall remove the abandoned facility from the rights-of-way as soon as weather conditions allow, unless the City expressly allows otherwise in writing. The expense of the removal, and restoration of improvements in the rights-of-way that were damaged by the facility or by the removal process, shall be the sole responsibility of Grantee. If Grantee fails to remove the abandoned facilities in accordance with the above, then the City may incur costs to remove the abandoned facilities and restore the rights-of-way, and is entitled to reimbursement from Grantee for such costs, including reasonable attorney's fees and costs. Section 21. Maps and Records Required. Grantee shall provide the City, at no cost to the City: (A) A route map that depicts the general location of Grantee's telecommunications facilities placed in the rights-of-way. The route map shall identify telecommunications facilities as aerial or underground and is not required to depict cable types, number of fibers or cables, electronic equipment, subscribers, and service lines to individual subscribers. (B) In connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such telecommunications facilities. Grantee shall field locate its telecommunications facilities in order to facilitate design and planning of City improvement projects. (C) Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its telecommunications facilities within the franchise area; provided, however, any such plan so submitted shall be deemed confidential and for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the franchise area. (D) Public Record Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying by the public pursuant to chapter 42.56 RCW. Grantee shall Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 7 of 13 DRAFT mark as "PROPRIETARY/CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to timely provide Grantee with a copy of any public record request to inspect or copy documentation which Grantee has provided to the City and marked as "PROPRIETARY/CONFIDENTIAL" prior to allowing any inspection and/or copying as well as provide Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non -disclosure of the requested documentation. In the event the City disagrees with Grantee's basis for non -disclosure, the City agrees to withhold release of the requested documentation in dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action precluding disclosure by the City pursuant to chapter 42.56 RCW. Section 22. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, Grantee shall not be permitted to excavate such street except as set forth in the City's then -adopted regulations relating to street cuts and excavations. Section 23. Reservation of Rights by City. Subject to RCW 35.99.040, the City reserves the right to refuse any request for a permit to extend telecommunications facilities so long as such refusal does not conflict with this franchise. Any such refusal shall be supported by a written statement from the City that extending the telecommunications facilities, as proposed, would interfere with the public health, safety or welfare. Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary, appropriate and lawful ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any telecommunications facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the Spokane Valley Municipal Code and this franchise, the Spokane Valley Municipal Code shall control. Section 26. Vacation. The City may vacate any City road, right-of-way or other City property which is subject to rights granted by this franchise in accordance with state and local law. Any relocation of telecommunications facilities resulting from a street vacation shall require a minimum of 180 days' notice as provided in section 37. In the event of a street vacation, the City shall include in the vacation ordinance a reserved easement for the continued location of Grantee's facilities. Section 27. Indemnification. (A) Grantee hereby covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness or death of any person or damage to property of any nature whatsoever relating to or arising out of the acts or omissions of Grantee under this franchise agreement; except for injuries and damages caused by the negligence of the City. This includes but is not limited to injury: Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 8 of 13 DRAFT (1) For which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing the activities authorized by a franchise are a proximate cause; (2) By virtue of Grantee's exercise of the rights granted herein; (3) Based upon the City's inspection or lack of inspection of work performed by Grantee, its agents and servants, officers or employees in connection with work authorized on the facility or property over which the City has control, pursuant to a franchise or pursuant to any other permit or approval issued in connection with a franchise; (4) Arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction or work upon the facility, in any right- of-way, or other public place in performance of work or services permitted under a franchise; or (5) Based upon radio frequency emissions or radiation emitted from Grantee's equipment located upon the facility, regardless of whether Grantee's equipment complies with applicable federal statutes and/or FCC regulations related thereto. (B) Grantee's indemnification obligations pursuant to subsection (A) of this section shall include assuming liability for actions brought by Grantee's own employees and the employees of Grantee's agents, representatives, contractors and subcontractors even though Grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue of Grantee's exercise of the rights set forth in a franchise. The obligations of Grantee under this subsection have been mutually negotiated by the parties, and Grantee acknowledges that the City would not enter into a franchise without Grantee's waiver. To the extent required to provide this indemnification and this indemnification only, Grantee waives its immunity under RCW Title 51. (C) Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided, that Grantee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. The City has the right to defend or participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. (D) In the event that Grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorney fees, the reasonable costs of the City of recovering under this subsection. (E) Grantee's duty to defend, indemnify and hold harmless City against liability for damages caused by the concurrent negligence of (a) City or City's agents, employees, or contractors, and (b) Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or Grantee's agents, employees, or contractors. In the event that a court of competent Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 9 of 13 DRAFT jurisdiction determines that a franchise is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided herein. (F) Notwithstanding any other provisions of this section, Grantee assumes the risk of damage to its telecommunication facilities located in the rights-of-way and upon City -owned property from activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from any negligence, willful or malicious action or gross negligence on the part of the City, its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Grantee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Grantee's facilities as the result of any interruption of service due to damage or destruction of Grantee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees, subcontractors or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. (G) The provisions of this section shall survive the expiration, revocation or termination of this franchise. Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Grantee's maintenance of insurance as required by this franchise shall not be construed to limit the liability of Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. (A) Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all owned, non -owned, hired or leased vehicles used in relation to this franchise. 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; and (B) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01, or a substitute form providing equivalent liability coverage acceptable to the City, and shall cover products liability. The City shall be named as an insured under Grantee's Commercial General Liability insurance policy using ISO Additional Insured -State or Political Subdivisions -Permits CG 20 12 or a substitute endorsement acceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no less than $1,000,000 Combined Single Limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket insurable contractual; products/completed operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability, which can be a separate policy. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 10 of 13 DRAFT (A) Grantee's insurance coverage shall be primary insurance with respect to the City as outlined in the Indemnification section of this franchise. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of Grantee's insurance and shall not contribute with it. (B) Grantee's insurance shall be endorsed to state that coverage shall not be cancelled, except after 30 days' prior written notice has been given to the City. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Grantee shall furnish the City with certificates and a copy of any amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Grantee prior to the adoption of this Ordinance. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City, not to exceed $25,000, as sufficient to ensure performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee proposes to construct a project for which the above-mentioned bond would not ensure performance of Grantee's obligations under this franchise, the City is entitled to require such larger bond as may be appropriate under the circumstances. Section 30. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Section 31. Forfeiture and Revocation. If Grantee willfully violates or materially fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this franchise, and an adequate opportunity to cure the violation or non-compliance has been given in writing to Grantee, not to be less than 30 days, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 32. Assignment. This franchise may not be assigned or transferred without the written approval of the City, except that Grantee can assign this franchise without approval of, but upon notice to the City to any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation or otherwise. Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 11 of 13 DRAFT Section 33. Acceptance. Not later than 60 days after passage of this Ordinance, Grantee shall accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60 -day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges, as well as all obligations and liabilities of Grantee shall inure to their respective heirs, successors and assigns equally as if they were specifically mentioned herein. Section 35. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Section 36. Renewal. Application for extension or renewal of the term of this franchise shall be made no later than 180 days of the expiration thereof. In the event the time period granted by this franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated by the City. Section 37. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise may be sent to the following addresses unless otherwise specified, in writing: The City: Grantee: With a copy to: City of Spokane Valley Attn: City Clerk 10210 East Sprague Avenue Spokane Valley, WA 99206 Level 3 Telecom of Washington, LLC ROW/NIS 1025 Eldorado Blvd. Broomfield, CO 80021 Level 3 Telecom of Washington, LLC 1025 Eldorado Blvd. Broomfield, CO 80021 Attention: General counsel Section 38. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts in the United States District Court for the Eastern District of Washington. Section 39. Non -Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 12 of 13 DRAFT its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 40. Entire Agreement. This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee, or its affiliate, Level 3 Communications, LLC to occupy the City roads as herein described. Section 41. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of , 2018. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Accepted by Level 3 Telecom of Washington, LLC: By: Name and official capacity The Grantee, Level 3 Telecom of Washington, LLC, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, has signed this day of 2018. Subscribed and sworn before me this day of , 2018. Notary Public in and for the State of residing in My commission expires Ordinance 18-027 - Level 3 Telecom of Washington, LLC Page 13 of 13 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 18, 2018 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First reading — Ordinance 19-001 amending chapters 3.40 and 3.41 SVMC relating to bidding on public work projects. GOVERNING LEGISLATION: RCW 35A.11.030; RCW 35A.23.352, and SVMC Title 3. PREVIOUS COUNCIL ACTION TAKEN: Adoption of chapters 3.35 through 3.49 SVMC in 2015 relating to public contracting of all kinds in the City. Administrative report December 11, 2018. BACKGROUND: The City adopted a comprehensive set of purchasing code provisions in 2015 to provide legal authority and structure regarding public contracts for the City. As part of those purchasing and contracting Codes, the City adopted provisions relating to public bidding for public work projects such as street and park construction projects, both large and small. In doing so, we identified the possibility that the City may not receive any bids on a particular project in only one (SVMC 3.42.010) of three possible types of public bidding situations. The City is currently faced with a situation not covered by SVMC 3.42.010 because the contract amount exceeds these lower limits. SVMC 3.42.010 is applicable to a public work project equal to or less than $40,000 for one trade (HVAC, plumbing, electrical, etc.) and $65,000 for two or more trades and greater than $15,000 has as its concluding sentence a provision addressing this issue, stating "If no proposals are received, City staff shall not be required to resubmit for additional proposals, but may negotiate with any available contractor." The City recently put a project out to bid in excess of $500,000, and received no bids. Staff believes that it would be very helpful in the administration of the City's contractual needs to have a similar provision in both SVMC 3.40.010 (Competitive bidding — Public work in excess of $300,000) and SVMC 3.41.040 (Use of small works rosters). This would only apply in those limited circumstances where, after following the public bidding requirements, the City does not receive any responses. State law includes a similar provision in RCW 35.23.352(1). OPTIONS: (1) Advance to a second reading with or without further changes; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: I move we advance Ordinance 19-001, amending chapter 3.40 and 3.41 SVMC relating to purchasing requirements, to a second reading. BUDGET/FINANCIAL IMPACTS: Not applicable. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Proposed Ordinance 19-001 amending chapters 3.41 and 3.42 SRMC relating to purchasing on public work projects. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 19-001 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SVMC 3.40.0.010 RELATING TO FAILING TO RECEIVE A RESPONSIVE BID FOR A PUBLIC WORK PROJECT IN EXCESS OF $300,000; AMENDING SVMC 3.41.040 RELATING TO FAILING TO RECEIVE A RESPONSIVE BID FOR A PUBLIC WORK PORJECT BELOW $300,000; AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW Title 39 authorizes a city to adopt policies and procedures within its jurisdiction for contracting and purchasing; and WHEREAS, the City of Spokane Valley previously adopted Code provisions to provide for contracting and purchasing on behalf of the City in 2015; and WHEREAS, the City has determined that there are times when, after compliance with all legal requirements for soliciting proposals for a public work project, the City does not receive any bids. Rather than continuing to put out unsuccessful bid requests, the City should be able to more efficiently engage a contractor at that point to get the project done; and WHEREAS, RCW 35.23.352(1) allows for this type of circumstance, stating "If no bid is received on the first call the council or commission may readvertise and make a second call, or may enter into a contract without any further call or may purchase the supplies, material or equipment and perform the work or improvement by day labor." NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Intent. The City of Spokane Valley declares that the intent of this Ordinance is to amend SVMC 3.40.010 and SVMC 3.41.040 relating to negotiating a contract in circumstances where the City fails to receive a responsive bid for a public work project. Section 2. Amending SVMC 3.40.010. SVMC 3.40.010 is amended as follows: 3.40.010 Competitive bidding — Public work in excess of $300,000. For public work contracts in excess of $300,000, the following competitive bid process shall be used. When using federal funds, the City shall also comply with all mandatory federal requirements. A. Publication of Notice. Sealed bids shall be invited by a single publication in a newspaper of general circulation at least 13 days before the date and time set for receiving such bids, and shall include an estimate of the probable cost, together with a description of the work, and shall state that plans/specifications may be obtained from the City, and include the manner, place, date, and time for submitting a bid to the City. The city clerk shall also post notice of the request in a public place. B. Rejection of Bids. The city manager may reject, without cause, any and all bids and may re - advertise for bids pursuant to the procedures herein described. If no bids are received on the first call or any subsequent re -advertisement, the city manager may negotiate a contract with a contractor at the lowest cost possible to the City. Ordinance 19-001 Amending SVMC 3.40.010 and SVMC 3.41.040 Page 1 of 4 DRAFT C. Performance and Payment Bonds. Before entering into a contract for any public work or work by contract on which prevailing wage is required to be paid, regardless of the amount of such contract except as provided below, a performance bond and a payment bond shall be required in such amounts as are reasonably necessary to protect the best interests of the City and to ensure complete, proper and full performance of the contract and full payment of all laborers, mechanics, and subcontractors and material suppliers. A performance bond and a payment bond shall be required on all public work projects pursuant to RCW 39.08.010 through 39.08.030, as adopted or amended. Performance and payment bonds shall be released upon completion of all necessary performance and payment conditions. Pursuant to RCW 39.08.010, for certain public works and works by contract on which prevailing wage is required to be paid, at the contractor's option, the City may, in lieu of requiring payment and performance bonds, retain a percentage of the contract amount until the later of 30 days after final acceptance or until receipt of all necessary releases from the Washington State Department of Revenue, the Employment Security Department, and the Washington State Department of Labor and Industries and settlement of any labor, material, or tax liens filed pursuant to Chapter 60.28 RCW. This option is only available for contracts at the amount set forth in RCW 39.08.010 as adopted or hereafter amended. The amount retained by the City shall be the amount as set forth in RCW 39.08.010. Retainage in lieu of payment and performance bonds may only be used by the City for contracts when the requirement of bonds substantially increases the cost of the contract. D. Bid Bonds. As a condition of bidding, a bid bond in the amount of five percent of the bid amount shall be required. Such bid bond shall be required on all formally bid public work construction projects, and shall be due at such time as the bid is submitted to the City. When the contract is let, all bid bonds shall be returned to the bidders except that of the successful bidder, which shall be retained until a contract is entered into and a bond to perform the work furnished as provided above. If the successful bidder fails to enter into the contract in accordance with the bid within 10 days from the date at which the bidder is notified of bid award, the bid bond shall be forfeited. E. Award of Bid. Except as otherwise provided herein, the City will accept the bid of the lowest responsible bidder. If no proposals are received, City staff shall not be required to resubmit for additional proposals, but may negotiate with any available contractor. F. Award to Other Than Low Bidder. When the bid award is not given to the lowest responsible bidder, a full and complete statement of the reasons shall be prepared by the city manager and placed in the City file relating to the transaction. Section 3. Amending SVMC 3.41.040. SVMC 3.41.040 is amended as follows: 3.41.040 Use of small works rosters. A. The City may utilize a small works roster when seeking to construct any public work or improvement with an estimated cost including labor, material, supplies, and equipment of $300,000 or less. B. Procedures shall be established for securing quotations from contractors on the appropriate small works roster to ensure that a competitive price is established and to award contracts to the lowest responsible bidder, as provided in SVMC 3.41.040(C). Invitations for bids shall include the scope and nature of the work to be performed as well as materials and equipment to be furnished. Detailed Ordinance 19-001 Amending SVMC 3.40.010 and SVMC 3.41.040 Page 2 of 4 DRAFT plans and specifications need not be included in the invitation. Quotations shall be invited from all appropriate contractors on the appropriate small works roster. C. When awarding a contract for work from a small works roster, the City shall award the contract to the lowest responsible bidder. However, the City reserves the right under applicable law to reject any or all bids and to waive procedural irregularities in the bid or bidding process. D. The City may receive bids in writing, which may be submitted electronically. The time and date of receipt shall be recorded to ensure all bids are presented in a timely fashion for review and consideration. After expiration of the time and date for submission of all bids or quotations, the City shall review the bids submitted and either offer a contract to perform the public work or reject all bids. If no proposals are received, City staff shall not be required to resubmit for additional proposals, but may negotiate with any available contractor. E. The City shall post on the City's website a list of the contracts awarded pursuant to Chapter 3.41 SVMC at least once every year. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection. F. A contract awarded from a small works roster under Chapter 3.41 SVMC need not be advertised in a legal newspaper of general circulation. Immediately after an award is made, the bid quotations shall be recorded, open to public inspection, and available by telephone inquiry. G. Performance and Payment Bonds. Before entering into a contract for any public work or work by contract on which prevailing wage is required to be paid, regardless of the amount of such contract except as provided below, a performance bond and a payment bond shall be required in such amounts as are reasonably necessary to protect the best interests of the City and to ensure complete, proper and full performance of the contract and full payment of all laborers, mechanics, and subcontractors and material suppliers. A performance bond and a payment bond shall be required on all public work projects, as provided for and in the manner set forth in RCW 39.08.010 through 39.08.030, as adopted or amended. Performance and payment bonds shall be released upon completion of all necessary performance and payment conditions. Pursuant to RCW 39.08.010, for certain public works and works by contract on which prevailing wage is required to be paid, at the contractor's option, the City may, in lieu of requiring payment and performance bonds, retain a percentage of the contract amount until the later of 30 days after final acceptance or until receipt of all necessary releases from the Washington State Department of Revenue, the Employment Security Department, and the Washington State Department of Labor and Industries and settlement of any labor, material, or tax liens filed pursuant to Chapter 60.28 RCW. This option is only available for contracts at the amount set forth in RCW 39.08.010 as adopted or hereafter amended. The amount retained by the City shall be the amount as set forth in RCW 39.08.010. Retainage in lieu of payment and performance bonds may only be used by the City for contracts when the requirement of bonds substantially increases the cost of the contract. Section 4. Severability. If any part of SVMC 3.40.010 or 3.41.040 is declared unenforceable, it shall not affect the remainder. Section 5. Effective Date. This Ordinance shall become five days after the City shall publish the Ordinance, or a summary thereof, in the official newspaper of the City. Ordinance 19-001 Amending SVMC 3.40.010 and SVMC 3.41.040 Page 3 of 4 DRAFT Adopted this day of , 2019. ATTEST: City of Spokane Valley Christine Bainbridge, City Clerk L.R. Higgins, Mayor Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 19-001 Amending SVMC 3.40.010 and SVMC 3.41.040 Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 18, 2018 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ® new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed Resolution 18-011 Amending Governance Manual PREVIOUS COUNCIL ACTION TAKEN: November 13, 2018, Council approved Resolution 18- 008 adopting the amended Governance Manual. BACKGROUND: During the November 13, 2018 Council meeting, Councilmembers discussed the agenda item regarding the taking of general public comments during a formal meeting. Resolution 18-008 amending the Governance Manual was ultimately approved that evening. That version of the Manual omitted the second public comment section of a formal meeting, and limited the remaining general public comment section to 45 minutes. After the vote was taken to approve that resolution, and during the advance agenda item on the November 13, meeting agenda, it was suggested that staff bring this back to consider moving the public comment period from its current position preceding the Consent Agenda, to immediately following New Business. OPTIONS: Approve Resolution 18-011 amending the Governance Manual as shown; don't approve the resolution; or make other changes as deemed appropriate. RECOMMENDED ACTION OR MOTION: Council discretion. BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: Chris Bainbridge, City Clerk ATTACHMENTS: Resolution 18-011 with attached pertinent red -line change to the Governance Manual. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 18-011 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING CITY OF SPOKANE VALLEY RESOLUTION 18-008 WITH ATTACHED `GOVERNANCE MANUAL' COMPRISING THE CITY COUNCIL'S COMPREHENSIVE COLLECTION OF MEETING RULES AND PROCEDURES, AND OTHER MATTERS RELATING THERETO. WHEREAS, written rules of procedure regarding how the City Council conducts its policy-making business for the City best assure an atmosphere conducive to efficiency, uniformity and consistency; and WHEREAS, the rules and procedures adopted by the Council by which they conduct the policy- making business of the City need to be amended from time to time to reflect changes in the law and practice of the Council. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1: On November 13, 2018, Council adopted Resolution 18-008 repealing and replacing the previously adopted City of Spokane Valley Resolution 16-012 with Attached Governance Manual. Section 2. The Council hereby repeals Resolution 18-008 with Attached Governance Manual, and replaces it with "City of Spokane Valley Governance Manual," which contains Appendices to that Manual, including but not limited to, the formerly adopted "General Policy Resolution of Core Beliefs," as well as "Councilmembers' Statement of Ethics," all of which is attached hereto and incorporated herein. Section 3. Effective Date. This Resolution shall be in full force and effective upon adoption. Adopted this day of December, 2018. ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Resolution 18-011 Governance Manual L.R. Higgins, Mayor B. Meetings 1. Regular Meetings a. Formal Format 1. Normally held 2nd and 4th Tuesdays. The City Clerk, under the direction of the City Manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, appropriate staff, and the media who have filed a notification request. 2. Requests for presentations from outside entities or individuals to be placed on a future agenda, will only be permitted if they are considered the official business of the City. Such requests should be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of videos, DVD's, PowerPoints, or other electronic presentations shall be pre-screened and pre -approved by the City Manager who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. 3. Forms of Address. The Mayor shall be addressed as "Mayor (surname)." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members of the Council shall be addressed as "Councilmember (surname)" unless waived by the Presiding Officer. 4. Order of Business. The business of all regular formal meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." a. Call to Order by the Presiding Officer b. Invocation c. Pledge of Allegiance d. Roll Call (See Chapter 1, C4b [page 17] for procedure to excuse an absence) e. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time -sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, with concurrence of at least three other Councilmembers, or by the City Manager and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall then consider a motion to approve the amended agenda. ("Three -Touch Principle" should be followed whenever possible.) It is preferable that any motion to amend the agenda be made at the onset of the meeting in place of `Approval of Agenda,' recognizing that there will emergencies or other situations when such motion to amend the agenda might need to be made at other times during the meeting. f. Introduction of Special Guests and Presentations. g. Councilmember Reports. Council or government -related activities (e.g. synopsis of committee, commission, task force or other board meetings). These verbal reports are intended to be brief, City work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the City on a regional board, committee, task force Page 110 or commission, whether as a formal or informal member. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. h. Mayor's Report. Same as g' above except given by the Mayor i. Proclamation. The Mayor will announce the proclamation, announce who has requested this proclamation and after the Mayor reads the proclamation, invites that person or other appropriate person to the podium. The original proclamation will be handed to that appropriate person by the City Clerk or the Mayor, and the individual will be permitted to speak for one or two minutes. 1. An opportunity for public comments on subjects not on the agenda for action. Speakers may sign in to speak, but it is not required. Speakers are limited to three minutes each unlesi modified by the Presiding Officer; however, members of the public shall be prohibited from allocating any of their own speaking time, to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. Although the City Council desires to allow the opportunity for public comment, the business of the City must proceed in an orderly, timely manner. At any time the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business. a. Procedure for all public comments: 1. Verbal: Comments shall only be made from the podium microphone, first giving name, city of residence and subject. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. The public shall be reminded that this is not an opportunity for dialogue or questions and answers, but public comment. When appropriate, staff shall research issues and report back to those making the comment as well as to Council. Public comments are opportunities for speakers to briefly address Council, and those speaking are to address members of Council and not the audience. In order to prevent disruption of the Council meeting, members of the public arc asked to refrain from distributing materials to the opportunity for public comment, in the interest of time and keeping in mind all documents and written materials including photographs and petitions may be submitted to Council via the City Clerk. a. Demonstration, applause or other audience participation before, during or at the conclusion of anyone's public comments is prohibited. Any disruptive behavior, as determined by the Presiding Officer, shall be cause for removal from the meeting room. b. Any ruling by the Presiding Officer relative to these subsections on public comments may be. overruled by a vote of a majority of Councilmembers present. c. Council shall not permit public comments if they relate to any matter upon which a quasi judicial hearing has been required, scheduled, or held. (See page 27 for procedure for taking public comment on legislative matters.) Unless solicited and scheduled, comments shall not be permitted relative to any future or possible/probable future ballot issue. (See page 37, Chapter 2, F Ballot Measures.) 2. Written. Citizens have the option of submitting written views, opinions, comments, data and arguments to Council on any topic and at any time, not just prior to or during reads their own prepared written comments, such comments shall not be read aloud during regular or special Council meetings although they shall be included as part of the public record on the topic and if appropriate, may be publicly acknowledged. Any written comments submitted to Council via the City Clerk shall be distributed to Council by placing copies at each Councilmember's workstation or City desk; or in the case of e mailed or other electronic comments, shall be. forwarded to Council via e mail, unless such e mail has already been supplied to members of Council . If individual Councilmembers receive written (including electronic) public comments or materials for the purpose of reading/sharing those materials during Council meetings, those Page 11 materials should be submitted to the City Clerk prior to the Council meeting so the Clerk can make copies for later distribution to members of Council. 3. Electronic: Councilmembers shall avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns to the entire Council at once. (See also page 18, C8 Internet Use) jk. Public Hearings (See Chapter 4 for procedural details) 14. Consent Agenda 1. Items which may be placed on the Consent Agenda are those which: (1) have been previously discussed by the Council; (2) can be reviewed by a Councilmember without further explanation; (3) are so routine, technical or nonsubstantive in nature that passage without discussion is likely; or (4) otherwise deemed in the best interest of the City. 2. The proper Council motion on the Consent Agenda is: "I move approval of the Consent Agenda." This motion has the effect of moving to approve all items on the Consent Agenda. Prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting, or the matter may be addressed immediately after passage of the remaining items on the Consent Agenda. lm. Unfinished Business [includes matters that were pending when a previous meeting adjourned, or matters specifically postponed to the present meeting] mrr. New Business [Action items are designated as New Business] Any member of the public who wishes to verbally address the Council on an action item on the current agenda, shall proceed to the podium at the time when comments from the public are invited during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. The Presiding Officer may also invoke a sign-in procedure. If necessary the Presiding Officer in consultation with the City Manager and/or City Attorney shall rule on the appropriateness of verbal public comments as the agenda item is reached. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. n. Public Comments. [Maximum total time for public comments will be 45 minutes] 1. An opportunity for public comments on subjects not on the agenda for action. Speakers may sign in to speak, but it is not required. Speakers are limited to three minutes each unless modified by the Presiding Officer; however, members of the public shall be prohibited from allocating any of their own speaking time, to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. Although the City Council desires to allow the opportunity for public comment, the business of the City must proceed in an orderly, timely manner. At any time the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business. a. Procedure for all public comments: 1. Verbal: Comments shall only be made from the podium microphone, first giving name, city of residence and subject. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. The public shall be reminded that this is not an opportunity for dialogue or questions and answers, but public comment. When appropriate, staff shall research issues and report back to those making the comment as well as to Council. Public comments are opportunities for speakers to briefly address Council, and those speaking are to address members of Council and not the audience. In order to prevent disruption of the Council meeting, members of the public are asked to refrain from distributing materials to the audience, since Council meetings are not a public forum to address the audience. Since this is an opportunity for public comment, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the City, graphs, Page 12 charts, posterboards, PowerPoint presentations, or other display materials are not permitted, although written comments and written materials including photographs and petitions may be submitted to Council via the City Clerk. a. Demonstration, applause or other audience participation before, during or at the conclusion of anyone's public comments is prohibited. Any disruptive behavior, as determined by the Presiding Officer, shall be cause for removal from the meeting room. b. Any ruling by the Presiding Officer relative to these subsections on public comments may be overruled by a vote of a majority of Councilmembers present. c. Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required, scheduled, or held. (See page 27 for procedure for taking public comment on legislative matters.) Unless solicited and scheduled, comments shall not be permitted relative to any future or possible/probable future ballot issue. (See page 37, Chapter 2, F Ballot Measures.) 2. Written. Citizens have the option of submitting written views, opinions, comments, data and arguments to Council on any topic and at any time, not just prior to or during public Council meetings. Unless the Mayor asks the Clerk to read written comments, or the citizen reads their own prepared written comments, such comments shall not be read aloud during regular or special Council meetings although they shall be included as part of the public record on the topic and if appropriate, may be publicly acknowledged. Any written comments submitted to Council via the City Clerk shall be distributed to Council by placing copies at each Councilmember's workstation or City desk; or in the case of e-mailed or other electronic comments, shall be forwarded to Council via e-mail, unless such e-mail has already been supplied to members of Council . If individual Councilmembers receive written (including electronic) public comments or materials for the purpose of reading/sharing those materials during Council meetings, those materials should be submitted to the City Clerk prior to the Council meeting so the Clerk can make copies for later distribution to members of Council. 3. Electronic: Councilmembers shall avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns to the entire Council at once. (See also page 18, C8 Internet Use) o. Administrative Reports or tracking of an administrative issue or topic. p. Information Only Items These items are generally not discussed or reported. q. City Manager Comments r. Executive Session (as required) (See Chapter 1, section B lc below) s. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. When a motion is made to adjourn into Executive Session for a specified period of time, and if the executive session is the last item on a regular agenda, no additional motion is needed to extend the meeting beyond 9:00 p.m. since that is implied as part of the motion to adjourn into Executive Session. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular Council meeting, unless the Council by a majority vote of members present determines otherwise. Page 13 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 18, 2018 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration — Modification of Scope for Arts Council 2019 Outside Agency Award GOVERNING LEGISLATION: The outside agency awards are a component of the annual budget development process. PREVIOUS COUNCIL ACTION TAKEN: Council heard presentations from applicants for outside agency funding at the September 18, 2018 meeting and approved the award allocation amounts to the applicants at the October 23, 2018 meeting. BACKGROUND: The Spokane Valley Arts Council applied for outside agency funding during 2018 for 2019 awards. The application submitted by the Arts Council and presented at the September 18th Council meeting included a request for funding in the amount of $103,150. Of this amount, $80,000 was requested for the production and casting of a monumental bronze statue. The bronze piece was called Rock Star by Bob Wilfong. The Arts Council was awarded $24,105 at the October 23rd Council meeting. Subsequent to that meeting, the Arts Council has expressed that they will not be able to afford to commission the $80,000 bronze that was outlined in their application with the dollar amount that was allocated to them. Therefore, they are proposing that Council approve an alternative monumental bronze called If / Could but Fly by Bob Wilfong at a cost of $29,500. A photograph of this piece has been included as an attachment. The remaining budget line items for the Arts Council would remain the same as those in the original application. OPTIONS: Approve the alternative monumental bronze as part of the outside agency funding contract with the Spokane Valley Arts Council, or continue the contract with the bronze that was included in the Arts Council's original application. RECOMMENDED ACTION OR MOTION: Move to reallocate the $24,105 awarded through the Outside Agency process to the Spokane Valley Arts Council from Rock Star sculpture to the If I Could but Fly sculpture. BUDGET/FINANCIAL IMPACTS: The $24,105 initially allocated for the Rock Star sculpture was part of the $200,000 of outside agency appropriations included in the 2019 budget. Consequently, the redesignation from one sculpture to another will have no budget impact. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: • Rock Star by Bob Wilfong • If / Could but Fly by Bob Wilfong • Draft contract with the Spokane Valley Arts Council for 2019 outside agency funding. OUTSIDE AGENCY GRANT AGREEMENT WITH THE CITY OF SPOKANE VALLEY THIS AGREEMENT is made by and between the City of Spokane Valley, a non -charter code City of the State of Washington, hereinafter referred to as "City," and Spokane Valley Arts Council, hereinafter referred to as "Entity," jointly referred to as "Parties." DEFINITION Fund(s). "Fund(s)" is defined as any amount of compensation derived from the monies of the City of Spokane Valley granted to Entity. IN CONSIDERATION of the terms and conditions contained herein, the Parties covenant and agree as follows: 1. Purpose of Agreement. The purpose of this Agreement is for Entity to receive funds from the City in order to provide economic development or social services within the City. 2. Administration. The City Manager or his designee shall administer and be the primary contact for Entity regarding terms of this Agreement. For good cause, as solely determined by City, City may direct that Entity is no longer entitled to the use of said funds and terminate this Agreement. 3. Representations. Entity shall use the funds received from City for economic development or social services solely for the purposes and in accordance with the proposal submitted by Entity to the City and its presentation to the City Council on September 18, 2018, incorporated herein by reference as well as the revised project budget (see Exhibit 2). Entity shall perform the services and work set forth in the proposal and presentation and promptly cure any failure in performance. City has relied upon the representations made by Entity in the proposal and presentation. By execution of this Agreement, Entity represents that the funds will be used for economic development or social services in accordance with all current laws, rules and regulations. No substitutions of purpose or use of the funds shall be made without the written consent of City. City shall make decisions and carry out its other responsibilities in a timely manner. 4. Reporting. Entity shall file an annual report outlining and describing the use of the funds provided by City and the services provided and the benefits of such services to the community. The annual report shall be filed no later than January 31, 2020. 5. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Entity shall accept modifications consistent with state and local law when directed orally or in writing by the City Manager or his designee. 6. Term of Contract. This Agreement shall be in full force and effect upon full execution, and shall remain in effect until terminated when (a) Entity expends all of the funds granted by City and (b) Entity provides the annual report required pursuant to Section 4 of this Agreement. Services and work set forth in the proposal and presentation shall be completed from January 1, 2019 to December 31, 2019. Either Party may terminate this Agreement by 30 days written notice to the other Party or with no notice upon a determination by the City that the funds will not be or have not been used for the purpose as stated in this Agreement. In the event of such termination, City shall cease and desist from distributing any further funds to Entity for work performed or otherwise and Entity may be required to reimburse the City for any funds expended for a purpose other than as stated in this Agreement. Page 1 of 6 7. Compensation. City agrees to reimburse Entity for out of pocket costs incurred in an amount not to exceed $24,105. 8. Payment. City shall reimburse Entity periodically upon presentation of an invoice to City. Entity shall be responsible for showing that the City funds were used for economic development or social services. Accordingly, the City shall not reimburse any expenses until Entity provides summary/cover sheet, a detailed description of the services, goods, or other costs incurred and expended, as well as copies of the invoices and receipts and proof of payment for which Entity is requesting reimbursement. In the event no invoice was provided to Entity, Entity shall provide an affidavit under penalty of perjury as to the detailed description of the use of the funds expended. Qualified expenditures shall be expended in calendar year 2019. The proof of expenses shall be forwarded to the Finance Director at the below stated address no later than January 15, 2020. If the amount awarded is less than the requested amount in the application, Entity shall be reimbursed for line items or projects in the application up to the amount awarded. Also, Entity shall not be reimbursed for specific line items or projects in an amount greater than the budget submitted for that line item or project in the application. See Exhibit 2 for the revised project budget. Entity is an independent contractor and shall be solely responsible for all employee payroll related costs or expenditures. No City funds may be used for employee payroll costs or expenditures. Entity shall assume all responsibility for maintain complete payroll records on programs where City funds have been used. If payroll costs are disallowed by the Washington State Auditor's office or another oversight agency, Entity shall reimburse the City for any City funds used in the program. City reserves the right to withhold payment of funds under this Agreement or to seek reimbursement of funds distributed under this Agreement which are determined in the reasonable judgment of the City Manager or his designee to be noncompliant with the scope of work, City standards, and City ordinances, or federal or state law. 9. Notice. Notice shall be given in writing as follows or such change in address as provided by either Party: TO CITY: Name: Chelsie Taylor, Finance Director Phone Number: (509) 720-5040 Address: 10210 E. Sprague Ave. Spokane Valley, WA 99206 TO ENTITY: Name: Elizabeth McIntosh Phone Number: (509) 995-6313 Address: PO Box 141676 Spokane Valley, WA 99214 10. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, ordinances, and regulations. 11. Relationship of the Parties. It is understood, agreed and declared that Entity, its employees, agents and assigns shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Entity. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Entity. Entity shall be solely responsible for the conduct and actions of all employees of Entity under this Agreement and any liability that may attach thereto. 12. Insurance. Entity 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 Entity, its agents, representatives, employees or subcontractors. Page 2 of 6 A. Minimum Scope of Insurance. Entity 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. If use of vehicles pursuant to the Agreement is only incidental, and Entity will not transport any persons not directly related or affiliated with Entity, then Entity is only required to have automobile liability insurance to meet at least minimum Washington state requirements. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. City shall be named as an additional insured under Entity's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Entity shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. If Entity will not use its vehicles in the performance of this Agreement, automobile liability insurance is only required to meet Washington statutory minimum requirements. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 for each occurrence, and $2,000,000 for general aggregate. C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Entity's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of Entity's insurance and shall not contribute with it. 2. Entity shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Entity. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Entity shall furnish acceptable insurance certificates to the City at the time Entity returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. Entity shall be financially responsible for all pertinent deductibles, self- insured retentions, and/or self-insurance. Page 3 of 6 F. Failure to Maintain Insurance. Failure on the part of the Entity to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving at least five days' written notice to Entity to cure the breach, immediately terminate the Agreement or, at the City's discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Entity from the City. G. City Full Availability of Entity's Insurance Limits. If the Entity maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by the Entity, irrespective of whether such limits maintained by the Entity are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Entity. 13. Indemnification and Hold Harmless. Entity shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Entity, Entity's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Entity's duty to defend, indemnify, and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Entity's duty to defend, indemnify, and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Entity, Entity's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Entity, Entity's agents, subcontractors, subconsultants, and employees. Entity's duty to defend, indemnify, and hold City harmless shall include, as to all claims, demands, losses, and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim -related expenses. Entity specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Entity's waiver of immunity under this provision extends only to claims against Entity by City, and does not include, or extend to, any claims by Entity's employees directly against Entity. Entity hereby certifies that this indemnification provision was mutually negotiated. 14. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Entity's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 15. Waiver. No officer, employee, agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. A waiver Page 4 of 6 in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 16. Assignment and Delegation. Neither Party shall assign, transfer or delegate any nor all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other Party. 17. Subcontracts. Except as otherwise provided herein, Entity shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 18. Confidentiality. Entity may, from time to time, receive information which is deemed by the City to be confidential. Entity shall not disclose such information without the prior express written consent of the City or upon order of a Court of competent jurisdiction. 19. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between the City and Entity shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Entity agrees that it may, at the City's request, be joined as a party in any arbitration proceeding between the City and any third party that includes a claim or claims that arise out of, or that are related to Entity's services under this Agreement. Entity further agrees that the Arbitrator(s) decision therein shall be final and binding on Entity and that judgment may be entered upon it in any court having jurisdiction thereof. 20. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 21. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the Parties hereto. 22. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 23. Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: Exhibit 1: Entity's original proposal Exhibit 2: Entity's revised project budget Exhibit 3: Insurance certificates Page 5 of 6 The Parties have executed this Agreement this _ day of , 2018. CITY OF SPOKANE VALLEY Entity: Mark Calhoun, City Manager By: Its: Authorized Representative ATTEST: APPROVED AS TO FORM: Christine Bainbridge, City Clerk Office of the City Attorney Page 6 of 6 Exhibit 1 CITY OF SPOKANE VALLEY APPLICATION FOR ECONOMIC DEVELOPMENT and SOCIAL SERVICES GRANTS INSTRUCTIONS: All sections must be answered in their entirety for this application to be considered complete. Additional pages that are attached to the application must be labeled with the section number and section title. I. PROJECT APPLICATION DEADLINE: August 9Oth, 2018 before 4:00 p.m. Applicant: SQDcn0 Voiie Arts e.bt inC'.1 Phone: 60(1),(Act 9 4,03 E-mail 75QOi'iq.nQ Val ie...riQfqs '\i'0 r)C ,C ONi1 Address: PO City: JCS QY\Q\)O t\ c 1 Applicants are: Non-profit Public/Municipal Agency Must be a non-profit 501(c)(3) or 501(c)(6) or a public agency to be considered for funding. Contact Person (if different than applicant): �'ZA.. c't�M'1t os\i- Phone: (5c (\5kZ 1) E-mail \W&& Cti.0 MOI.ti..\\ C OA Address 1,2..0 Cityc("t+f\Q Vett \Q L State 19,) 9\ Zip `"tq %� �j Applicant's match: $ State 1 Zip CAQ1. 2—V-1 Amount requested: $ 1:3?*0 E C) , 00 Total project budget: i O 3►�_ _J Q o Is this a new or continuing activity? i1L l ) City of Spokane Valley Request for 2018 Grant Page 4 of 6 Exhibit 1 VII. ATTACHMENTS Please provide the following information as attachments. 1. Copy of state certificate of non-profit incorporation and/or copy of federal determination of 501(c)(3) or 501(c)(6) exempt status. 2. Copies of most recent approved and proposed budgets of the overall organization. For public agencies, copies of budgets should be at the fund -level. 3. Copy of meeting minutes showing official approval of project and authorization of application or a signed resolution of the board of directors authorizing the application. 4. List of members of the organization's board of directors and principal staff. 6. List co-sponsors, if any, by title and type. CERTIFICATION The applicant here certifies and affirms: 1. That it will abide by all relevant local, state, and federal laws and regulations. Without limiting the foregoing, no individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this Agreement in violation of local, state, or federal law. 2. That it has read and understands the information contained in this Grant application and will comply with all provisions thereof. Certified By: (signature) (print or type name) Title: Date: Pi) ngac9bC- SQc eeskQ_C s(D,c( I City of Spokane Valley Request for 2018 Grant Page 6 of 6 SV SPOKANE VALLEY AR 'S COU,NC11. PO Box 7.41676 Spokane Valley, WA 99214 Exhibit 1 Amended Pages of the City of Spokane Valley Application for Economic Development and Social Services Grants II. History Since it began in 2004, the Spokane Valley Arts Council has strived to be an active presence in our city and has pursued our goal of bringing art to the citizens in our area. Our mission is to promote, support, and enhance the diversity, quality, and accessibility of arts and culture in our region. As an all -volunteer organization, we continue to fulfill this mission, working independently but with the support of the City of Spokane Valley. HI. Project Summary We are requesting funds to help with the administrative expenses of SVAC, continued improvements to our website, printing, postage, advertising, insurance, and production of our seventh bronze. IV. Scope of Work Our seventh bronze will be Rock Star by Bob Wilfong. Mr. Wilfong is a world renowned artist acclaimed for his contemporary bronze sculptures and monuments that reside in 49 states and 20 countries. SVAC will donate the finished piece to the City of Spokane Valley to be displayed publicly for the community to enjoy. Once SVAC finalizes the contract with Mr Wilfong, the work will begin but conclusion of the project will depend on the fund raising efforts by SVAC. V. Budget • Insurance $600 • Attorney Fees and Auditing $1,200 • Federal and stating tax filing to maintain our 501(c)3 status $500 • Artist Showcase $15,000 • Website $350 • Updating supportive software $500 • Printing and postage $3,000 • Monumental bronze production and casting $80,000 • Administrative support and advertising $2,000 Total: $103,150 VI. Metrics Local Non-profit Art -based Organizations: We continue to support DanceFest and Inland Northwest Dance Association, which put on a free dance event once a year showcasing the talents of dancers of all ages and abilities, and demonstrations by national dancers and groups. Filling Display Booths Free of Charge: We continue to maintain art exhibits at CenterPlace and the Spokane Valley Main Library. These exhibits include local amateur and professional artists, local area high school student art, and loaned art from private collections. Annual Fundraiser: The 1311' Annual Artist Showcase will be held October 12, 2019. As our main fundraiser, the event features demonstration artists, great food, and live music, with a loud and silent auction. We have been successful because of the continued support of the attending demonstration artists and the talented national and international artists who submit their art to be juried into our event, and then sold. We also appreciate you, the community members who purchase tickets and art at our event, and the generous advertisers and donors. L UI Pr1ckchmv,; , ! Ill I lnrrrunl Irrvrn,rr lrrricr P.O. Box 2508, Room 4010 Cincinnati 011 45201 -i ,OHO Exhibit 1 SPOKANE VALLEY ARTS COUNCIL SPOKANE VALLEY CHAMBER OF C01`IERCI: PO BOX 141676 SPOKANE VLY WA 99214-1676 In reply refer to: 4077569886 June 30, 2.014 LTR 4]68C 0 20-1021131 0(IOOn 00 00044904 R[)FJC : TE Employer Identification slumber: 20-1021131 Person to Contact: 11 SCIfATZ_ Toll Free Telephone Number: 1-[177-829-5500 Dear Taxpayer: This is in response to your June 02, 2014, request for information rerjnrding your tax-exempt status. Our records indicate that you were recognized as exempt under section 501(c)(03) of the internal Revenue Code in a determination letter issued in November 2004. Our records also indicate that votr are not a private foundation within the meaning of ser: Cion 509(a) of the Code because you are described in section(s) 509(x)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www.irs.gov/eo for information regarding filing requirements. Specifically, section 6033(j) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file. We will publish a list of organizations whose tax-exempt status was revoked under section 6033(j) of the Code on our website beginning in early 2011. Exhibit 1 G077589886 June 30, 2014 LTR 4168C 0 20-1021131 000000 00 00044905 SPOKANE VALLEY ARTS COUNCIL % SPOKANE VALLEY CHAMBER OF COMERCE PO BOX 14I676 SPOKANE VLY WA 99214-1676 if you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, Tamers Ripperda Director, Exempt Organizations v"�c ,1i41}a lisFfl nw7lllnul: Attendance Present — Absent -- Excused Exhibit 1 Meeting Minuses Ma ori needed for quorum or 6 Marc McIntosh P; A E Jim Sullivan P, A E Liz McIntosh P: A E Jim Harken P, A E Elaine Fulton P A . E Gail Bongiovanni P. A E Jay Moynahan P, A E Russ Braymen , 'P. ; A E Dick Dcnenny P A • E Saul Hansen : ,P A E Hunter Houle P _ 'A ' E Elise Beattie Guest Guest Guest 7/20/2018 Previous Minutes meeting called to order at 12:06 M - Motion Minutes from June lst Approved as submitted Jay Treasurer's Report —Available balance as of end of month General Checking Scholarship Checking $12,930.80 $2,000.00 o Reminder to send receipts for grant related items o Working on 2019 Grant Request and reimbursement for 2018 Grant Request by Marc McIntosh, President S - Seconded Jim H Liberty Lake Funds $1836 A -Approved Unanimously Old Business o Executive Board Members met with Mr Richard Warrington and arrangements have been made for preparing Heart of The Valley to be moved: Warrington will build a crib to support the sculpture in a leaning position. SVAC will pay for the material and Warrington will create at no cost. For $250, a neighbor of Warrington's will be hired to load the sculpture onto his flatbed trailer and deliver the sculpture once a location has been determined. Until that time, the sculpture will remain at Warrington Studios at no charge. o Dr Harken has been in contact with Mr Bob Wilfong regarding the possibilities for our next project. Two options have been presented to the board and these prices include delivery: extra large Rock Star at a cost of $67,500 or two 7 seven foot pieces — The Journey with a base at a cost of $15,700 and Rock Star at a cost of 515,500. M by Jay, 5 by Jim H, A Unanimously: SVAC will present the City of Spokane Valley with two options - two 7 foot pieces or one 15 foot piece - and allow them to decide the direction for the next project. 7/29 Amended Motion: M by Jim H, S by Liz, A with one Nay (objection to Rock Star & not simplifying grant request): SVAC will present a proposal to the City of Spokane Valley for the 15 foot piece titled Rock Star. O Saul would like to begin working on another video that includes clips from our event. Dick did a great job with the voice over on the first video and Marc will follow up with him on this request, New Business Marc, Jim S, and Jim H met with the City of Spokane Valley regarding our continued financial relationship. 4 At this time the City does not have a confirmed location for Heart of the Valley. They are in the process of accessing all possible locations where the art can be placed for this and future pieces. m Since there are no locations immediately available, SVAC may have to absorb the cost of storage fees until locations are available. • For future projects, the City has requested that we submit five packets to the Council Members so they can review potential pieces and express their desire to eliminate any they feel could be inappropriate. The final decision on which piece to present for grant funding would remain with SVAC. Patron of the Arts W Fritz Bachmeyr has been selected to receive the 2018 Patron of the Arts Award. Rather than a public presentation, several of our board members are choosing to take Fritz to lunch. ( Next meeting is scheduled for 8/17/2018 Meeting adjourned at 1:03 PM Prepared by: Liz McIntosh, Secretary HVAC svoi ANii\IMMA.LY,1RrSc•c,tTcm. Fit 1 Board of Directors — Effective July 2018 ElEl Position Name Address Phone Email Term Start Term Expire President Marc McIntosh 11024 N Forker Rd Spokane, W 99217 2. Vice President Jim Sullivan 2507 S Arthur Spokane, WA 99203 928-6662 01) 979-5239 (c) theel mac51 Daol.cam February 2009 January 2019 994-1706 (c) jwsuilivanlAgmail.com March 2011 January 2019 3. Secretary Liz McIntosh 1320 S Robie Ct Spokane Valley, WA 99206 imlilmac@gmail.com January 2004 January 2019 4. Treasurer Liberty Creek Financial 12309 E Mirabeau Pkwy #2 509-922-1412 Patrick McDonald, CPA Spokane Valley, WA 99216 nmrn,PlipertycreefcfinnnciaLcom June 2018 5. Volunteer Coordinator Gail Bongiovanni Russ Braymen 14120 E Springfield 922-4493 (h) Spokane Val! WA 99216 220-06. 21 paildancer a�juno.com 16836 SE 427th North Bend, WA 98045 February 2007 January 2019 425-577-2426 (h) rbraymen@comcast.net 425-358-0566 (c) November 2014 January 2019 Dick Denenny PO Box 141389 998-3612 (c) Spokane Valley, WA 99216 dick(o�denenny.com October 2014 January 2019 8. Art Director Jim i-iarken 11525 E 20'" Spokane Valley, WA 99206 jameshharkenO,umail.com February 2005 January 2019 9. Hunter Houle 300 E 3rd Ave Spokane, WA 99202 509-990-8816 hunter a(�kestell.com November 2016 January 2019 10. Jay Moynahan 5413 S Helena Ln S•okane, WA 99223 443-1282 (h) profiay(lcomcast.net December 2009 January 2019 11. Web Master Saul Hansen 1101 W8' Ave #2 Spokane, WA 99204 509-496-5604 (0) sau1rio(a�gmail.com August 2017 January 2019 12. Elaine Fulton Cor orate Information 9700 E Holman Rd Spokane, WA 99206 926-4744 (h) 953-2929 (c) fultonelaine(ahotmail.com June 2007 January 2019 LSI Name DBA Address of Record Email Website Spokane Valley Arts Council SVAC 2426 N Discovery PI Spokane Valle , WA 99216 SpokaneValleyArts@yahoo.com SpokaneValleyArts. org 9- 3 Exhibit 1 SVAC SPOKANE VALLEY .\IIScol w I1. August 6, 2018 City of Spokane Valley Attn: Sarah Fan, Finance Department 10210 East Sprague Avenue Spokane Valley, WA 99206 Dear City of Spokane Valley Council Members, PO Box 141676 Spokane Valley, WA 99214 On behalf of the board of directors of the Spokane Valley Arts Council, I wish to thank the City of Spokane Valley for once again giving us the opportunity to apply for an economic development grant for 2019. Since it began in 2004, the Spokane Valley Arts Council has strived to be an active presence in our city and has pursued our goal of bringing art to the citizens in our area. Our mission is to promote, support, and enhance the diversity, quality, and accessibility of arts and culture in our region. As an all -volunteer organization, we continue to fulfill this mission, working independently but with the support of the City of Spokane Valley. We are requesting funding to support and continue the following objectives: ® The sixth piece commissioned by SVAC, Heart of Valley by Richard Warrington was completed in 2018 and is pending an installment location. -Our seventh -bronze will -be Rock Star byB-ob Wilfong. Mr. Wilfong is a world renowned artist acclaimed for his contemporary bronze sculptures and monuments that reside in 49 states and 20 countries. o We continue to support DanceFest and Inland Northwest Dance Association, which put on a free dance event once a year showcasing the talents of dancers of all ages and abilities, and demonstrations by national dancers and groups. o We continue to maintain art exhibits at CenterPlace and the Spokane Valley Main Library. These exhibits include Iocal amateur and professional artists, local area high school student art, and loaned art from private collections. ▪ The 13111 Annual Artist Showcase will be held October 12, 2019. As our main fundraiser, the event features demonstration artists, great food, and live music, with a loud and silent auction. We have been successful because of the continued support of the attending demonstration artists and the talented national and international artists who submit their art to be juried into our event, and then sold. We also appreciate you, the community members who purchase tickets and art at our event, and the generous advertisers and donors. The grant we are requesting will help with the administrative expenses of SVAC, continued improvements to our website, printing, postage, advertising, insurance, and production of our bronze. Exhibit 1 SVAC SPOKANE \'AL.l.lil' Alas cot;Ncu. The following is a summary budget for these requested funds which represent O Insurance ® Attorney Fees and Auditing • Federal and stating tax filing to maintain our 501(c)3 status o Artist Showcase • Website • Updating supportive software o Printing and postage ® Monumental bronze production and casting • Administrative support and advertising Total: 5103,150 PO Box 141676 Spokane Valley, WA 99214 55% of our annual budget. $500 $1,200 $500 $15,000 $350 $500 $3,000 $80,000 $2,000 Thank you for considering the Spokane Valley Arts Council for a grant. I look forward to addressing the Spokane Valley City Council on September 18, 2018. Sincerely, coo dames H. Harken Director of Art Procurement Artist Bob Wilfong of Clarkston, Wash, is doing his best to keep his favorite bronze works in business, he said. On Tuesday, July 28, he and patina artist Bart Latta of Parks Bronze in Enterprise put the finishing touches on Wilfong's 14 foot -plus sculpture "The Rock Star," which will soon be placed in front of the Eccles Performing Arts Center in Park City, Utah. "What's real neat about this placement for me is it is the site of Sundance Film Festival," said Wilfong. The sculpture, which is intended to show how music transcends generations, along with a partner sculpture- an 8-foot- ilus bronze of two counterbalanced dancers entitaled "Dance of Love/Dance of?Life"- were purchased by one of Wilfong's clients and donated to the Performing Arts Center. Wilfong has worked exclusively with Parks Bronze for 14 years because of "quality, workmanship and communication," he said. '9 like to stay close to the work." Latta, he said, was "a true artist. I rely on him," MARKETPLACE Jobs Garage Sales Real Estate Bob and Jo Wilfong BJ WILFONG BRONZES bjwiifong a.hotmaii.com 702-325-2476 Alabama Arizona California Colorado !arida Georgia Illinois Exhibit 1 MONUMENTS "It Takes Three" "The Journey" "To Dance As One" "First Lessons" "Our Destinies Entwined" "Dance of Love, Dance of Life" "The Great Escape" "On The Wings of Love" "Our Destinies Entwined" "Soul Survivor" "The Calling" "The Journey" "To Dance As One" "To Dance As One" 'Roc, S Ttiir alt,_ 1e.oc' SYGY "Dance of Love, Dance of Life" "Dance of Love, Dance of Life" "First Lessons" "The Great Escape" "If I Could But Fly" "The Journey" "It Takes Three" "On The Wings of Love" "On The Wings of Love" "On The Wings of Love" "Our Destinies Entwined" "Our Destinies Entwined" "Our Destinies Entwined" "Soul Survivor" "To Dance As One" "To Dance As One" "To Dance As One" rT i s c " "On The Wings of Love" "Our Destinies Entwined" "Our Destinies Entwined" "Our Destinies Entwined" "Rock Star" "The Journey" L.1 C7 �,,41� YL Wr=ar 15-44m; 47:,4 � -A—Ru r 1:14Af University of South Alabama University of South Alabama Private Private Private Corporate Corporate Private Private Private Private Private Private PPjivate rt✓a n Pry -7a Corporate Private Private Private Private Private Corporate Corporate Private Private Private Private Corporate Private Private Private Private Vn LP TlytpS Private 10 PC,te. AS .d�ti Village of Barlett Private Private Private Private .. y YJUot n - 1h -Sa ju. Pr's L., .7,N. c"""' c'4to „c o4 i.L4 Indiana "Dance of Love, Dance of Life" Private "It Takes Three" Private "On The Wings of Love" Corporate "On The Wings of Love" Private "Soul Survivor" Private "To Dance As One" Private "To Dance As One" Private "To Dance As One" Private Iowa "Our Destinies Entwined" Private Massachusetts "To Dance As One" Privates h.. •1"''''' �4 rPr cow -i,,:--- 7,,1)ati Minnesota "On The Wings of Love" PrivateLi S °`�'„ ,� _ ..Priv-.T- "Our Destinies Entwined" Private s omvc��l. �, FY , c�� ..r - .T so s r ya'..� eek Missouri "To Dance As One" St. LouisyUniversity Museum of Art ri ec rcr-C fa S C7fl, pY Y LTA. T+- Montana "Dance e of Love, Dance of Life" Private pv, tg ,,P{•1VMl S' 6R'W Cwi pot,ryC�V"ti9 Nevada "Choices?" Nevada State College "Dance of Love, Dance of Life" Corporate "First Lessons" Private "First Lessons" Corporate "It Takes Three" Corporate "On The Wings of Love" Corporate "Soul Survivor" Corporate "To Dance As One" Corporate 6.,v, b ir',.� , j v u r° tf�a r-+ Pr, tea r New Mexico "Dance of Love, Dance of Life" Private New York "To Dance As One" Corporate North Carolina "Dance of Love, Dance of Life" Private "Dance of Love, Dance of Life" Private "One The Wings of Love" Private "On The Wings of Love" Private "Our Destinies Entwined" Private "To Dance As One" Corporate Texas Utah "Dance of Love, Dance of Life" Private "Our Destinies Entwined" Private "Our Destinies Entwined" Private a PzrYSS16Ls �... . �. c.o�^tper "r4 "To Dance As One" Private "Dance of Love, Dance of Life" Park City Eccles Performing Arts Center "Rock Star" Park City Eccles Performing Arts Center Washington "The Journey" Private Exhibit 1 Wyoming "Finding Balance" Downtown Casper West Virginia "On The Wings of Love" Private Wisconsin "The Great Escape" Private Australia "On The Wings of Love" Private Mexico "Our Destinies Entwined" Private s (C o) P-01 6 vv N. Scope of Work Our seventh bronze will be 11'1 Could but Fly by Bob Wilfong. Mr. Wilfong is a world renowned artist acclaimed for his contemporary bronze sculptures and monuments that reside in 49 states and 20 countries. SVAC will donate the finished piece to the City of Spokane Valley to be displayed publicly for the community to enjoy. Once SVAC finalizes the contract with Mr Wilfong, the work will begin but conclusion of the project will depend on the fund raising efforts by SVAC. V. Budget • Insurance $600 • Attorney Fees and Auditing $1,200 • Federal and stating tax filing to maintain our 501(c)3 status $500 • Artist Showcase $15,000 • Website $350 • Updating supportive software $500 • Printing and postage $3,000 • Monumental bronze production and casting $29,500 • Administrative support and advertising $2,000 Total: 552,650 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 18, 2018 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ® new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Acceptance of SVAC Donated Sculptures. GOVERNING LEGISLATION: Chapter 3.34 SVMC — Acceptance of donations and gifts; chapter 3.46 SVMC — Non -architectural and engineering services. PREVIOUS COUNCIL ACTION TAKEN: Over the years, the Spokane Valley Arts Council has donated a number of sculptures to the City for public display. BACKGROUND: The Spokane Valley Arts Council (SVAC) is a not-for-profit 501(c)(3) organization formed in 2004 for the stated purpose of working "with local businesses, civic leaders and artists to cooperatively conceive, develop and implement art -related programs and cultural activities." The SVAC has been instrumental in identifying projects to be constructed and located on property owned by the City for the cultural benefit of our citizens. Six sculptures were donated to the City prior to adoption of the City's donation/gift acceptance provisions in the Spokane Valley Municipal Code. These new provisions require a process that includes an objective analysis of the proposed donation, including related costs that will result from acceptance of the donation. Pursuant to SVMC 3.34.030, the City Manager may accept or decline any nonmonetary donation. In making this determination, the City Manager shall consider the potential practical use the City would make of the donation. The City Manager may seek input from the Council when accepting the donation would require expenditure of City funds for storage, maintenance, upkeep, repair, or similar costs. This donation policy has generated additional internal discussion between staff of the need for adopting a more formal process for identifying at the onset, the theme and size of each proposed piece in the future. The City has limited public spaces where sculptures may be placed, so advanced planning is critical. Staff have been working on the development of a mutual agreement between the City and SVAC that will address these issues, which should be coming forward for Council consideration soon. Meanwhile, based upon SVMC 3.34.030, it has been determined that of the six previous donated sculptures now on City property, only the "Working the Line" by Jerry McKellar has been officially accepted by the City. Therefore, staff is seeking a motion to authorize the City Manager to accept the other five previously donated sculptures. They are "Harvest Time on the Big Missouri" the "Berry Picker"; "Dance of Sun and Moon;" "Coup Ponies"; "Woman with Horse"; and "Heart of the Valley." OPTIONS: (1) Accept donated sculptures as discussed; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to accept the five SVAC donated sculptures on behalf of the City of Spokane Valley as listed above. BUDGET/FINANCIAL IMPACTS: The impact for accepting these sculptures and allowing them to be placed on City property would be the ongoing maintenance costs. The total is unknown as each sculpture is unique and located at a different location. STAFF CONTACT: Michael D. Stone, Parks and Recreation Director ATTACHMENTS: PowerPoint slides CITY OF SPOKANE VALLEY SCULPTURES Presented to City Council December 18, 2018 WORKING THE LINE Nickname: "Mountain Man" Artist: Jerry McKellar Bronze - 9 Feet Tall Placement: Mirabeau Point Park Near Discovery Playground Dedication: August 14, 2009 HARVEST TIME ON THE BIG MISSOURI Nickname: "Berry Picker" Artist: Nancy McLaughlin Bronze - 8.5 Feet Tall Placement: Mirabeau Point Park Near CenterPlace Dedication: August 5, 2011 HARVEST TIME ON THE BIG MISSOURI Nickname: "Berry Picker" Artist: Nancy McLaughlin Bronze - 8.5 Feet Tall New Placement: New City Hall Rededication: October 25, 2017 DANCE OF SUN AND MOON Artist: Jerry McKellar Bronze - 16 Feet Tall Placement: Mirabeau Point Park Near Discovery Playground Dedication: March 25, 2015 COUP PONIES Artist: Jerry McKellar Bronze - 16.5 Feet Tall Placement: New City Hall Dedication: October 25, 2017 GREAT SPIRIT'S GIFT Nickname: "Woman With Horse" Artist: Ace Powell Bronze - Feet Tall Placement: New City Hall Dedication: October 25, 2017 HEART OF THE VALLEY Artist: Richard Warrington Aluminum - 12 Feet Tall Placement: TBD Dedication Date: TBD CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 18, 2018 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Street Sweeping Service Contract — 2019 Option year GOVERNING LEGISLATION: RCW chapter 39.04; RCW 90.48; Chapter 173-200 WAC; Title 33 U.S.C. 1251-1376 PREVIOUS COUNCIL ACTION TAKEN: Approval and award of Street Sweeping Services Contract 2/10/2015, and subsequent annual renewals for 2016, 2017 and 2018. BACKGROUND: In 2015, City staff prepared a Request for Bid for Street Sweeping Services and received a bid proposal from AAA Sweeping. The proposal was reviewed by staff and found to be responsible and acceptable and Council awarded the bid to AAA Sweeping, LLC. This contract may be extended up to four additional one year terms if mutually agreed by both parties. This will be the fourth of four renewal terms that may be exercised by the City. Upon request by the Contractor, contract specifications note that the City and Contractor may negotiate a rate increase for each option year exercised but shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI -U) or 3%, whichever is smaller. The CPI -U increased 2.5% for the contract specified period (October 1, 2017 — October 2018). The Contractor requested the full 2.3% hourly rate increase based on the following items: • Prevailing wage rates increased from 2.14% to 5.82%; and, • Health insurance rates increased over 14%. Staff verified that the 2.3% rate increase is reasonable based on increases in wages, benefits and business insurance. AAA Sweeping provided a good level of service throughout the 2018 contract year and staff recommends exercising the 2019 option year with the 2.3% hourly rate increase. The renewal amount is recommended at the same contract amount as in previous years, of $490,200.00. OPTIONS: 1) Renew the Street Sweeping contract, 2) not renew the contract, or 3) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve the 2019 contract renewal to AAA Sweeping in an amount not to exceed $490,200.00 for street sweeping, and authorize the City Manager to finalize and execute the contract. BUDGET/FINANCIAL IMPACTS: This contract will be funded by the approved 2019 Budget STAFF CONTACT: Bill Helbig, City Engineer ATTACHMENTS: Renewal Letter and proposed 2019 hourly rates 0'N, jaiy December 4, 2018 AAA Sweeping, LLC PO Box 624 Veradale, WA 99037 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org Email: cityhall@spokanevalley.org Contract No. 15-020.05 Re: Implementation of 2019 option year, Agreement for Street Sweeping Services, Contract number 15-020, executed February 18, 2015. Dear Mr. Sargent: The City executed an Agreement for provision of Street Sweeping Services on February 18, 2015, by and between the City of Spokane Valley, hereinafter "City", and AAA Sweeping LLC, hereinafter "Contractor" and jointly referred to as "Parties." The original Agreement states that it was for one year, with four optional one-year terms possible if the parties mutually agree to exercise the options each year. This is the fourth of four possible option years that can be exercised and runs through December 31, 2019. The City would like to exercise the 2019 option year of the Agreement. The Compensation as outlined in Exhibit A, 2019 to the Agreement, includes the labor and material cost negotiated and shall not exceed 490,200.00. The history of the annual renewals, including dollar amounts, is set forth as follows: Original contract amount .$ 490,200.00 2016 Renewal $ 490,200.00 2017 Renewal $ 490,200.00 2018 Renewal $ 490,200.00 2019 Renewal $ 490,200.00 All of the other contract provisions contained in the original Agreement shall remain in place and remain unchanged in exercising this option year. If you are in agreement with exercising the 2019 option year, please sign below to acknowledge the receipt and concurrence to perform the 2019 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY AAA SWEEPING, LLC Mark Calhoun, City Manager Name Title ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office of the City Attorney Exhibit A — 2019 Cost Proposal Street Sweeping Services Task/Item Unit Hourly Rate Sweeping, Mechanical Type Hour $165.57 Sweeping, Regenerative Air Type Hour $165.50 Sweeping, High Efficiency Vacuum Type Hour $165.42 Water Truck or Truck Mounter Power Washer Hour $123.96 Foreman Hour $58.36 Dump Truck Hour $123.41 Loader Hour $117.78 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 18, 2018 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Storm Drain Cleaning Service Contract — 2019 Option year GOVERNING LEGISLATION: RCW chapter 39.04; RCW 90.48; Chapter 173-200 WAC; Title 33 U.S.C. 1251-1376 PREVIOUS COUNCIL ACTION TAKEN: Approval and award of Storm Drain Cleaning Services Agreement 04/24/2018. BACKGROUND: In 2018, City staff prepared a Request for Bid for Storm Drain Cleaning Services and received a bid proposal from AAA Sweeping. The proposal was reviewed by staff and found to be responsible and acceptable and Council awarded the bid to AAA Sweeping, LLC. This contract may be extended up to four additional one year terms if mutually agreed by both parties. This will be the third of four renewal terms that may be exercised by the City. Upon request by the Contractor, contract specifications note that the City and Contractor may negotiate a rate increase for each option year exercised but shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI -U) or 3%, whichever is smaller. The CPI -U increased 2.5% for the contract specified period (October 1, 2017 — October 2018). The Contractor requested the full 2.3% hourly rate increase available based on the following items: • Prevailing wage rates increased from 2.14% to 5.82%; and, • Health insurance rates increased over 14%. Staff verified that the 2.3% rate increase is reasonable based on increases in wages, benefits and business insurance. AAA Sweeping provided a good level of service throughout the 2018 contract year and staff recommends exercising the 2019 option year with the 2.3% hourly rate increase. The renewal amount is recommended at the same contract amount as in previous years, of $202,587.50. OPTIONS: 1) Renew the Storm Drain Cleaning Service contract, 2) not renew the contract or 3) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve the 2019 contract renewal to AAA Sweeping in an amount not to exceed $202,587.50.00 for storm drain cleaning services, and authorize the City Manager to finalize and execute the contract. BUDGET/FINANCIAL IMPACTS: This contract will be funded by the approved 2019 Budget STAFF CONTACT: Bill Helbig, City Engineer ATTACHMENTS: Renewal Letter and proposed 2019 hourly rates. 0'N, jaiy December 4, 2018 AAA Sweeping, LLC PO Box 624 Veradale, WA 99037 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org Email: cityhall@spokanevalley.org Contract No. 18-013.01 Re: Implementation of 2019 option year, Agreement for Storm Drain Cleaning Services, Contract number 18-013, executed April 24, 2018. Dear Mr. Sargent: The City executed an Agreement for provision of Storm Drain Cleaning Services on April 24, 2018, by and between the City of Spokane Valley, hereinafter "City", and AAA Sweeping LLC, hereinafter "Contractor" and jointly referred to as "Parties." The original Agreement states that it was for one year, with four optional one-year terms possible if the parties mutually agree to exercise the options each year. This is the first of four possible option years that can be exercised and runs through December 31, 2019. The City would like to exercise the 2019 option year of the Agreement. The Compensation as outlined in Exhibit A, 2019 to the Agreement, includes the labor and material cost negotiated and shall not exceed 202,587.50. The history of the annual renewals, including dollar amounts, is set forth as follows: Original contract amount .$ 202,587.50 2019 Renewal $ 202,587.50 All of the other contract provisions contained in the original Agreement shall remain in place and remain unchanged in exercising this option year. If you are in agreement with exercising the 2019 option year, please sign below to acknowledge the receipt and concurrence to perform the 2019 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY AAA SWEEPING, LLC Mark Calhoun, City Manager Name Title ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office of the City Attorney Exhibit A - 2019 Cost Proposal 2019 Storm Drain Cleaning Services Contractor : AAA Sweeping Task Unit 2018 Rate 2019 Rate Structure Cleaning Hour $ 187.50 $ 191.81 Extra Labor Hour $ 82.50 $ 84.40 Traffic Control Hour $ 75.00 $ 76.73 Absorbent Liquid Hold Each $ 50.00 $ 51.15 Absorbent Material Each $ 800.00 $ 818.40 Debris Transfer Hour $ 187.50 $ 191.81 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 18, 2018 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Street and Stormwater Maintenance & Repair Services Contract Renewal — 2019 Option Year GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Motion to execute the Street and Stormwater Maintenance Contract on 10/14/2014. Approval of 2016, 2017 and 2018 option year. BACKGROUND: This contract consists of asphalt repair, roadway shoulder repair and grading, gravel road grading, crack sealing, sidewalk and path repair, guardrail repair, fencing repair, drainage structure repair and installation, curb, gutter and inlet repair and installation, and other related work. City staff prepared a Request for Bids in 2014. The City received four bids and Poe Asphalt was the low bidder. The 2019 option year will be the fourth of four option years that may be exercised by the City. Per the contract specifications, the hourly labor rates will change based on the prevailing wage changes. Prevailing wages are required on this contract as the work is considered a "Public Work." The average hourly increase in prevailing wages per work classification is 3.61%. We estimate the increases in hourly labor rates will be about $10,000. We are not requesting an increase in the total contract amount, and consequently it will remain at $1,366,663.00 in 2019. Equipment and material rates stay constant for each option year exercised. Poe has provided a good level of service throughout the 2018 contract year and staff recommends exercising the 2019 option year contract. OPTIONS: 1) Renew the maintenance and repair contract, 2) not renew the contract, or 3) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve the 2019 contract renewal to Poe Asphalt Paving Inc. in an amount not to exceed $1,366,663.00 for street and stormwater maintenance and repair service, and authorize the City Manager to finalize and execute the contract. BUDGET/FINANCIAL IMPACTS: This contract will be funded by the approved 2019 Budget STAFF CONTACT: Bill Helbig, City Engineer ATTACHMENTS: Contract Prevailing Wage Rates; Contract renewal 0'N, jaiy December 4, 2018 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org Email: cityhall@spokanevalley.org Contract No. 14-223.05 Poe Asphalt Paving, Inc. 2732 North Beck Road Post Falls, ID 83854 Re: Implementation of 2019 option year, Agreement for Street and Stormwater Maintenance and Repair Services, Contract number 14-223, executed November 21st, 2014. Dear Mr. Poe, The City executed an Agreement for provision of Street and Stormwater Maintenance and Repair Services on November 21st, 2014, by and between the City of Spokane Valley, hereinafter "City", and Poe Asphalt Paving, Inc. hereinafter "Contractor" and jointly referred to as "Parties." The original Agreement states that it was for one year, with four optional one-year terms possible if the parties mutually agree to exercise the options each year. This is the fourth of four possible option years that can be exercised and runs through December 31, 2019. The City would like to exercise the 2019 option year of the Agreement. The Compensation as outlined in Exhibit A, 2019 to the Agreement, includes the labor and material cost negotiated and shall not exceed 1,366,663.00. The history of the annual renewals, including dollar amounts, is set forth as follows: Original contract amount .$ 1,366,663.00 2016 Renewal $ 1,366,663.00 2017 Renewal $ 1,366,663.00 2018 Renewal $ 1,366,663.00 2019 Renewal $ 1,366,663.00 All of the other contract provisions contained in the original Agreement shall remain in place and remain unchanged in exercising this option year. If you are in agreement with exercising the 2019 option year, please sign below to acknowledge the receipt and concurrence to perform the 2019 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY POE ASPHALT PAVING, INC. Mark Calhoun, City Manager Name Title ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office of the City Attorney SCHEDULE A - REGULAR HOURS Estimated 2016 Rates 2017 Rates 2018 Rates 2019 Rates Item # Trade Occupation Hours Rate Rate Rate Rate 1 $42.00 Foreman 500 $55.02 $57.50 $57.50 559.00 2 Cement Masons Journey Level 240 565.65 $66.85 $68.05 $69.25 3 Fence Erectors Fence Erector 20 577.69 577.69 $77.69 $85.57 4 Flaggers Journey Level 1900 $46.25 547.55 548.70 $49.83 5 Laborers General Laborer 2300, $47.72 $49.02 $50.17 $51.30 6 Laborers Asphalt Raker 120 $47.22 $48.52 $49.67 550.80 7 Laborers Concrete Crewman 220 $65.50 $66.80 $67.95 $69.08 8 Laborers Guard Rail 10 550.10 $51.40 $52.55 $53.68 9 Laborers Pipelayer 130 $58.30 $59.60 $60.75 $61.88 10 Laborers Traffic Control Supervisor 40 $46.75 $48.05 549.20 $50.33 11 Power Equipment Operators Blade(finish & bluetop) 200 $54.32 $55.62 $56,87 558.07 12 Power Equipment Operators H.D. Mechanic 30 $54.32 $55.52 556.82 558.02 13 Power Equipment Operators Paving Machine 200 552.37 553.67 $54.92 $56.12 14 Power Equipment Operators Rollerman 400 $52.37 $53.67 554.92 $56.12 15 Power Equipment Operators Screed Operator 200 552.37 $53.67 554.92 $56.12 16 Power Equipment Operators Power Broom 90 $52.37 $53.67 $54.92 $56.12 17 Power Equipment Operators Backhoes & Hoe Ram 30 552.37 553.67 555.20 556.40 18 Power Equipment Operators Vactor Guzzler, Super Sucker 10 $66.00 567.30 $68.55 569.75 19 Power Equipment Operators Roto Mill 90 566.00 $67.30 $68.55 $69.75 20 Power Equipment Operators Posthole Auger or Punch 10 $52.80 554.10 555.35 556.55 21 Power Equipment Operators Backhoe (45,000 GW & under) 380 $52.37 553.67 554.92 556.12 22 Truck Drivers Dump Truck (E. WA -690) 800 549.66 551.48 552.67 $53.57 23 Truck Drivers Dump Truck & Trailer (E. WA -690) 500 $49.88 $51.53 $52.89 $53.79 24 Truck Drivers Other Trucks (E. WA -690) 30 $49.88 551.53 $52.89 $53.79 25 Truck Drivers Transit Mixer 10 $49.88 $49.88 $49.88 $50.78 Prevailing Wage Breakdown 1/1/2016 1/1/2017 1/1/2018 1/1/2019 Increase l Inc 555.02 $57.50 $57.50 559.00 $1.50 2.61% 539.60 540.80 $42.00 543.20 $1.20 2.86% $31.41 $31.41 531.41 539.29 $7.88 25.09% 533.61 534.91 $36.06 $37.19 $1.13 3.13% 535.71 537.01 $38.16 539.29 $1.13 2.96% $36.25 $37.55 538.70 $39.83 $1.13 2.92% $35.71 537.01 $38.16 539.29 $1.13 2.96% 535.71 $37.01 $38.16 539.29 $1.13 2.96% $36.25 $37.55 $38.70 539.83 $1.13 2.92% 534.61 535.91 $37.06 538.19 $1.13 3.05% 541.51 542.81 544.06 545.26 $1.20 2.72% $41.51 542.81 544.06 $45.26 51.20 2.72% $41.24 542.54 $43.79 544.99 $1.20 2.74% $41.24 $42.54 $43.79 $44.99 $1.20 2.74% $41.24 $42.54 543.79 544.99 $1.20 2.74% $40.03 $41.33 542.58 543.78 $1.20 2.82% $40.96 $42.26 543,79 544.99 $1.20 2.74% $41.24 542.54 $43.79 544.99 $1.20 2.74% 541.24 $42.54 543.79 $44.99 $1.20 2.74% 540.64 541.94 543.19 $44.39 $1.20 2.78% $40.96 $42.26 543.51 $44.71 $1.20 2.76% $39.32 $41.14 $42.33 $43.23 $0.90 2.13% $39.49 541,14 542.50 543.40 $0.90 2.12% $39.21 $40.86 $42.22 $43.12 $0.90 2.13% 540.86 $42.51 543.87 $44.77 $0.90 2.05% CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 18, 2018 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Memorandum of Understanding — Spokane County Water District #3 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: • November 13, 2018 — City Ordinance 18-024 adopting the 2019 City Budget, including $7,288,200 for Fund 311 — Pavement Preservation Fund BACKGROUND: Spokane County Water District #3 (SCWD#3) is planning to advertise for construction of a three-mile long water transmission line project in January 2019, and intends to construct the project throughout the 2019 construction season. This project will result in a 10'- 12' wide asphalt trench patch over the length of the project. Staff have evaluated the pavement condition along the route of the water district's project and concluded that three different street sections are eligible candidates for full width pavement preservation measures: Valleyway from Marguerite to Mullan, Farr from Appleway to 8th Ave, and Woodruff from 9th Ave to 10th Ave. Staff believes this to be an opportune time to preserve the identified streets, while minimizing the impact to the travelling public. As coordinated with SCWD#3, instead of the project paving back 10'-12' of trench, the scope of the district's pavement work will increase to preserve the pavement of the full road width. SCWD#3 has agreed to include this pavement preservation scope of work as an Additive Bid Schedule to their water project contract. This Memorandum of Understanding (MOU) establishes the agreement between the City and SCWD#3. As part of the agreement, the City will contribute funds to the project, covering expenses related to the design, construction, and inspection of the City's requested pavement preservation work. The City has estimated the total pavement preservation scope of work to be $350,000, and is currently coordinating the final language in the MOU with SCWD#3. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Staff intends to bring this to Council as a motion consideration at the January 8, 2019 City Council meeting. BUDGET/FINANCIAL IMPACTS: The City's work contemplated with this MOU is budgeted in Fund 311, Pavement Preservation Fund. The total cost to the City is estimated not to exceed $350,000. STAFF CONTACT: Bill Helbig, PE — City Engineer ATTACHMENTS: DRAFT Memorandum of Understanding Project Map PROJECT MAP — SCWD #3 Waterline / COSV Pavement Preservation 15 Three locations: - Valleyway — Marguerite to Mullan - Farr — Appleway to 8th - Woodruff — 9th to 10th r M 1 SCWD#3 2019 CN Phases 1, 2, 3 Legend SCWD#3 2019 Ph 1 SCWD#3 2019 Ph 2 SCWD#3 2019 Ph 3 Municipality Name r- ---j Spokane Valley CSV_OASIGIM Streets Street RED LABEL TEXT IS PCI RATING OF ROAD SEGMENT O 0.15 0.3 0.5 Miles I 1 1 1 1 Wm* I 1:6999,9. r r bum.. 1 S 9 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY WATER DISTRICT (SCWD) NO. 3 FOR THE PAVING OF ELIGIBLE SPOKANE VALLEY STREET SEGMENTS FOR THE SCWD WATER SERVICE AREA 1-2 INTERTIE PROJECT IN CONJUCTION WITH 2019 PAVEMENT PRESERVATION PROJECTS WHEREAS, the CITY OF SPOKANE VALLEY (the CITY) has planned and budgeted for pavement preservation projects in 2019 to take place throughout the City (the PRESERVATION PROJECTS) funded by Spokane Valley Fund 311 — Pavement Preservation Fund. It is anticipated that the site-specific schedule of PRESERVATION PROJECTS will be individually advertised for each standalone project segment throughout the first half of 2019. PRESERVATION PROJECTS work generally includes pavement preservation measures such as pavement grinding, overlay, patching, and associated curb and sidewalk repairs or upgrades as applicable; and WHEREAS, as a part of its 2019 Construction Program, SPOKANE COUNTY WATER DISTRICT NO. 3 (SCWD#3) a Washington State Water District, is constructing a project known as the WSA 1-2 INTERTIE Project, hereinafter referred to as the WATER PROJECT, which overlaps City street segments that are eligible for funding through City Fund 311; and WHEREAS, SCWD#3 will coordinate with the CITY to incorporate full -width pavement preservation measures on those eligible PRESERVATION PROJECT road segments that overlap the WATER PROJECT; and WHEREAS, SCWD#3 will increase the WATER PROJECT contract scope of work to fully capture the City's PRESERVATION PROJECT scope of work; and WHEREAS, the CITY and the SCWD#3 agree that paving of the eligible street segments with City funds from Fund 311 and in conjunction with the WATER PROJECT would benefit the ratepayers, taxpayers, and the traveling public. NOW, THEREFORE, the CITY and the SCWD#3 do hereby agree as follows: ARTICLE 1 — JOINT RESPONSIBILITIES Plans and specifications for the WATER PROJECT will be prepared, bid, and awarded by SCWD#3 to the winning contractor (the CONTRACTOR) in January 2019. SCWD#3 and the CITY will coordinate for inclusion into the contract documents as an Additive Schedule to the contract scope. SCWD#3 will prepare the required contract documents for the Additive, which will reference the WATER PROJECT specifications, which reference the 2018 Standard Specifications for Road, Bridge, and Municipal Construction as published by the Washington State Department of Transportation. Included PRESERVATION PROJECT street segments include the following limits: • Valleyway Avenue — Marguerite Road to Mullan Road • Farr Road — Appleway Boulevard to 8th Avenue • Woodruff Road — 9th Avenue to 10th Avenue Page 1 of 3 At the time of bid and award, SCWD#3 will coordinate with the CITY to evaluate the Additive bids received and seek CITY approval of Additive bids received prior to accepting said Alternate. ARTICLE 2 — RESPONSIBILITY OF THE CITY 1. If the Additive work is accepted, the CITY shall make payments to the SCWD#3 as reimbursement for the costs of the accepted Additive scope of work in accordance with the contract terms, in order that work will proceed according to schedule. 2. The CITY shall have full control over any Change Orders associated with the PRESERVATION PROJECT Additive scope of work. 3. The CITY shall have three calendar days to respond to any SCWD#3 PRESERVATION PROJECT Additive requests. 4. The CITY shall designate a "responsible person" who shall represent the City's interest during the construction of the PRESERVATION PROJECT Additive. ARTICLE 3 — RESPONSIBILITIES OF SCWD#3 1. SCWD#3 shall be the administrator for the PRESERVATION PROJECT Change Order work and any PRESERVATION PROJECT Change Order work shall be coordinated with CITY. 2. SCWD#3 shall be responsible for the inspection and testing of all work and materials involved in the PRESERVATION PROJECT Additive, including HMA compaction testing and HMA assurance testing. SCWD#3 shall measure the necessary Additive pay items related to the PRESERVATION PROJECT and include items in the pay estimate. A copy of the PRESERVATION PROJECT full width HMA area field measurements shall be provided to CITY by the SCWD#3. 3. The plans and specifications for the construction of the PRESERVATION PROJECT shall be prepared by SCWD#3 and provided to the CITY for review prior to advertising the project for bid. SCWD#3 shall coordinate with the CITY and take reasonable measures to ensure that the PRESERVATION PROJECT plans are compatible with the scope of work contemplated under the City's PRESERVATION PROJECTS and is consistent with adopted City standards. 4. SCWD#3 shall designate a "responsible person" who shall represent SCWD#3's interest during the construction of the WATER PROJECT and shall coordinate with the CITY on any modifications or changes needed by SCWD#3 in conjunction with the work. 5. SCWD#3 shall be responsible for the inspection and testing of all work and materials related to the construction of all work, including compaction testing and soils testing within the project's complete scope of work. SCWD#3 shall provide a representative to perform inspection duties relative to the construction of the WATER PROJECT and PRESERVATION PROJECT, as discussed above. SCWD#3's representative shall provide tabulations of the PRESERVATION PROJECT Additive pay quantities to the CITY prior to SCWD#3 acceptance of all PRESERVATION PROJECT Additive related pay estimates. Page 2 of 3 ARTICLE 4 — ALLOCATION OF COSTS 1. This Memorandum of Understanding, once fully executed, shall establish a commitment by the City to reimburse the SCWD#3 for the PRESERVATION PROJECT Additive, including all appropriate taxes. 2. SCWD#3 shall prepare monthly pay estimates for the WATER PROJECT with the PRESERVATION PROJECT Additive work broken out as a separate schedule. The PRESERVATION PROJECT Additive quantities shall be based upon the tabulations of pay quantities as provided by SCWD#3 and coordinated with the CITY. 3. Prior to the signing of each pay estimate by SCWD#3 and the Contract, SCWD#3 shall send an invoice to the City for those amounts to be paid to the contractor by SCWD#3 for the work on the PRESERVATION PROJECT Additive scope of work. SCWD#3 shall include copies of the signed pay estimates as attachments to the monthly invoices to the CITY. The CITY shall pay SCWD#3, within 30 days of the receipt of the invoice, for all construction costs due to the contractor in association with the PRESERVATION PROJECT. 4. SCWD#3 shall obtain a permit from the CITY to perform work within the CITY'S right-of-way for the contracted scope. 5. The CITY shall pay SCWD#3 $XX,XXX for engineering fees associated with preparation of contract documents. SCWD#3 shall be paid for this service, regardless of the CITY's acceptance or rejection of Additive bid results. ARTICLE 5 — DURATION This Agreement shall terminate upon the completion of the construction project provided for hereunder and completion of payments under the prevailing wage laws, provided that any warranties from the contractor to SCWD#3 or the CITY shall continue in full force and effect. CITY OF SPOKANE VALLEY: By: Date: Mark Calhoun City Manager APPROVED AS TO FORM: By: Date: Office of the City Attorney SCWD#3: By: Date: Kelly Williquette General Manager, Spokane County Water District No. 3 Page 3 of 3 DRAFT ADVANCE AGENDA as of December 13, 2018; 10:30 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings No Meeting: Tuesday, December 25, 2018 January 2, 2019, Study Session 6:00 pm (Jan 1 is a holiday, so this will be a `regular' mg) due Wed Dec 19 1. Advance Agenda (5 minutes) Jan 8, 2019, Formal Meeting Format, 6:00 p.m. [due Wed Jan 2 1. PUBLIC HEARING: Proposed Code Text Amendment, Open Space — Marty Palaniuk 2. Second Reading Ordinance #19-002 Open Space Code Text Amendment — Marty Palaniuk 3. Second Reading Ordinance 19-001 Amending Purchasing Regulations — Cary Driskell 4. Consent Agenda (claims, payroll, minutes) 5. Motion Consideration: Water District Memorandum of Understanding — Bill Helbig 6. Mayoral Appointments- Planning Commissioners — Mayor Higgins 7. Mayoral Appointments: Councilmembers to Committees — Mayor Higgins 8. Admin Report: Resolution Re Holiday, Vacation, and Leave Benefits — John Whitehead 9. Admin Report: Gambling Tax — Chelsie Taylor 10. Admin Report: Marketing Summary, 2018 — Mike Basinger, Lesli Brassfield 11. Admin Report: Advance Agenda 12. Info Only: Finance Dept Monthly Report Jan 15, 2019, Study Session, 6:00 p.m. 1. Browns Park Scope of Work — Mike Stone 2. Council Training: Open Public Meetings Act, Public Records Act, etc. 3. Advance Agenda (15 minutes) (10 minutes) (10 minutes) (5 minutes) (10 minutes) (10 minutes) (10 minutes) (10 minutes) (15 minutes) (20 minutes) (5 minutes) [*estimated meeting: 120 mins] [due Tue Jan 8] (10 minutes) —C.Driskell, E. Lamb (30 minutes) (5 minutes) [*estimated meeting: 45 mins] Jan 22, 2019, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes, Resolution 19-001 re benefits, etc.) 2. Admin Report: Police Dept. Quarterly Report — Chief Werner 3. Admin Report: Code Enforcement Update — Legal, Code Enforcement, et al 4. Admin Report: Advance Agenda 5. Info Only: Department Reports Jan 29, 2019, Study Session, 6:00 p.m. 1. Advance Agenda [due Tue Jan 151 (5 minutes) (10 minutes) (25 minutes) (5 minutes) [*estimated meeting: 45 mins] Feb 5, 2019, Study Session 6:00 pm 1. Mayoral Appointments: Lodging Tax Advisory Committee — Mayor Higgins 2. Advance Agenda Feb 12, 2019, Formal Meeting Format, 6:00 p.m. Tentative no meeting Councilmembers Attend City Action Days in Olympia: Feb 13-14 Feb 19, 2019, Study Session, 6:00 p.m. meeting cancelled Draft Advance Agenda 12/13/2018 10:51:11 AM [due Tue Jan 22] [due Tue Jan 29] (10 minutes) (5 minutes) Page 1 of 2 February 19, 2019, Special Meeting: Winter Workshop 8:30 a.m. - — 2:30 pm [due Tue Feb 121 Council Chambers Feb 26, 2019, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Police Dept. Quarterly Report — Chief Werner 3. Admin Report: Advance Agenda 4. Info Only: Department Reports March 5, 2019, Study Session, 6:00 p.m. 1. Accomplishments Report for 2018 — Mark Calhoun et al 2. Advance Agenda March 12, 2019, Formal Meetin2 Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda [due Tue Feb 191 (5 minutes) (10 minutes) (5 minutes) [due Tue Feb 261 (-90 min) [due Tue March 51 (5 minutes) (5 minutes) March 19, 2019, Study Session, 6:00 p.m. [due Tue March 121 1. Advance Agenda March 26, 2019, Formal Meetin2 Format, 6:00 p.m. [due Tue March 191 1. Advance Agenda *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Camping in RVs Donation Recognition Electrical Inspections Health District Re SV Stats Land Use Notice Requirements Legislative Remote Testimony (Chambers) Mirabeau Park Forestry Mgmt. Naming City Facilities Protocol Neighborhood Restoration Program Park Lighting Park Regulations Ordinance Amendments Police Dept. Quarterly Rapt (April, July, Oct, Jan) Sign Ordinance St. Illumination (ownership, cost, location) St. O&M Pavement Preservation Studded Snow Tires TPA Utility Facilities in ROW Draft Advance Agenda 12/13/2018 10:51:11 AM Page 2 of 2 City of Spokane Valley Community & Public Works Department Monthly Report 01/01/2018 - 11/30/2018 Page Title 1 Cover Sheet 2 Pre -Application Meetings Requested 3 Online Applications Received 4 Construction Applications Received 5 Land Use Applications Received 6 Construction Permits Issued 7 Land Use Applications Approved 8 Development Inspections Performed 9 Code Enforcement 10 Revenue 11 Building Permit Valuations Printed 12/10/2018 11:30 Page 1 of 11 Community & Public Works Department Monthly Report 01/01/2018 - 11/30/2018 Pre -Application Meetings Requested A Pre -Application Meeting is a service provided to help our customers identify the code requirements related to their project proposal. Community & Public Works Department scheduled a total of 15 Pre -Application Meetings in November 2018. 20 10 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Land Use Pre -Application ® Commercial Pre -App Meeting Commercial Pre -App Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Land Use Pre -Application Meeting 8 9 4 2 5 7 10 7 7 3 5 0 Monthly Totals 16 15 18 11 7 13 18 17 14 15 15 0 Annual Total To -Date: 159 Printed 12/10/2018 11:30 Page 2 of 11 Community & Public Works Department Monthly Report 01/01/2018 - 11/30/2018 Online Applications Received Community & Public Works Department received a total of 200 Online Applications in November 2018. 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Trade Permit Sign Permit Right of Way Permit Reroof Permit Pre -Application Meeting Request Demolition Permit 4 Other Online Applications Approach Permit Approach Permit Demolition Permit Other Online Applications Pre -Application Meeting Request Reroof Permit Right of Way Permit Sign Permit Trade Permit DecJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 0 0 3 5 1 2 2 2 3 2 0 0 3 2 6 1 0 2 0 0 3 4 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12 12 21 29 37 40 33 51 30 21 22 0 85 56 80 99 79 40 58 76 58 76 44 0 1 3 1 0 4 6 8 10 1 9 6 0 124 115 124 121 131 151 140 141 124 167 128 0 Monthly Totals 225 188 236 255 252 241 241 :0 219 279 200 Annual Total To -Date: Printed 12/10/2018 11:30 2,616 Page 3 of 11 Community & Public Works Department Monthly Report 01/01/2018 - 11/30/2018 Construction Applications Received Community & Public Works Department received a total of 376 Construction Applications in November 2018. 11111111 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial - New Commercial - TI Residential - New ® Other Construction Permits ommercial - New ommercial - TI esidential - New ommercial - Trade esidential - Trade esidential - Accessory emolition ign ther Construction Permits Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 38 6 17 5 17 18 13 12 51 62 4 8 4 28 12 11 11 23 8 13 37 58 17 22 6 14 22 8 40 33 19 9 21 13 15 9 9 38 36 29 24 12 19 12 48 20 88 10 9 10 40 6 13 26 9 15 85 58 17 19 0 16 0 27 0 12 0 54 0 6 0 0 *6 *5 *10 *5 3 *3 4 3 *11 *6 2 0 *8 *7 *8 5 *13 *14 *14 *19 *3 *11 *11 0 *268 *264 *314 *349 *365 *329 *325 *390 *307 *380 *243 0 onthly Totals 422 387 421 514 504 470 453 609 491 534 371 0 Annual Total To -Date: Printed 12/10/2018 11:35 5,176 Page 4 of 11 *Includes Online Applications. Community & Public Works Department Monthly Report 01/01/2018 - 11/30/2018 Land Use Applications Received Community & Public Works Department received a total of 60 Land Use Applications in November 2018. 100 50 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec IT `i Boundary Line Adjustment Short Plat Preliminary )! Long Plat Preliminary Binding Site Plan Preliminary Final Platting Zoning Map/Comp Plan Amendment State Environmental Policy Act (SEPA) Administrative Exception/Interpretation Other Land Use Permits Boundary Line Adjustment Short Plat Preliminary Long Plat Preliminary Binding Site Plan Preliminary Final Platting Zoning Map/Comp Plan Amendment State Environmental Policy Act (SEPA) Administrative Exception/Interpretation Other Land Use Permits M Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 4 2 6 0 6 7 4 3 4 6 4 0 3 1 4 3 4 3 4 2 3 2 2 0 2 1 0 0 1 1 0 1 0 1 0 0 1 0 0 0 0 0 0 0 1 0 1 0 1 4 0 1 4 2 2 6 1 1 3 0 0 1 0 0 0 0 0 0 1 3 0 0 1 3 2 1 2 0 2 3 4 3 2 0 0 0 0 1 2 3 2 1 1 1 2 0 64 45 52 42 53 56 45 44 41 51 46 0 Annual Total To -Date: Printed 12/10/2018 11:35 692 Page 5 of 11 Community & Public Works Department Monthly Report 01/01/2018 - 11/30/2018 Construction Permits Issued Community & Public Works Department issued a total of 411 Construction Permits in November 2018. 600 400 200 tior Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial - New Commercial - TI Residential - New ME Other Construction Permits ommercial - New ommercial - TI esidential - New ommercial - Trade esidential - Trade esidential - Accessory emolition ign ther Construction Permits Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 37 2 5 7 8 6 13 23 12 11 3 0 12 8 9 10 12 26 5 8 6 11 18 0 20 10 22 13 17 18 6 23 31 28 35 0 10 10 8 12 9 12 36 14 6 12 11 0 58 50 53 47 41 44 21 46 78 64 67 0 3 5 12 23 31 27 11 9 15 16 6 0 4 4 7 5 2 2 4 1 9 6 2 0 9 4 10 5 8 11 9 20 3 9 10 0 255 256 303 311 361 308 309 361 301 350 246 0 onthly Totals 408 349 429 433 489 454 414 505 461 507 398 0 Annual Total To -Date: Printed 12/10/2018 11:35 4,847 Page 6 of 11 Monthly Totals 64 41 61 Community & Public Works Department Monthly Report 01/01/2018 - 11/30/2018 Land Use Applications Approved Community & Public Works Department approved a total of 40 Land Use Applications in November 2018. 80 60 40 20 0 Jan Feb Mar Apr May ]un Jul Aug Sep Oct Nov Dec i Boundary Line Adjustment Short Plat Preliminary 1 Long Plat Preliminary Binding Site Plan Preliminary Final Platting Zoning Map/Comp Plan Amendment State Environmental Policy Act (SEPA) Administrative Exception/Interpretation Other Land Use Permits Boundary Line Adjustment Short Plat Preliminary Long Plat Preliminary Binding Site Plan Preliminary Final Platting Zoning Map/Comp Plan Amendment State Environmental Policy Act (SEPA) Administrative Exception/Interpretation Other Land Use Permits 2 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1 3 1 2 1 1 2 2 5 1 0 0 2 1 1 1 1 0 0 1 1 2 0 0 O 0 0 0 0 0 0 0 1 0 0 0 O 1 0 0 0 0 0 0 0 0 0 0 O 2 3 0 0 0 0 2 1 3 0 0 O 0 0 0 0 0 0 1 0 0 0 0 O 0 0 1 0 0 2 0 0 0 0 0 O 0 0 0 1 1 0 0 0 0 0 0 61 34 55 29 56 46 49 39 39 43 40 0 'tITIP IT* Annual Total To -Date: Printed 12/10/2018 11:35 539 Page 7 of 11 Community & Public Works Department Monthly Report 01/01/2018 - 11/30/2018 Development Inspections Performed Community & Public Works Department performed a total of 1269 Development Inspections in November 2018. Development Inspections include building, planning, engineering and ROW inspections. 2,500 2,000 1,500 1,000 500 0 2018 2017 2016 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2016 2017 2018 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals 1,053 1,023 1,558 1,480 1,775 2,002 1,607 1,674 1,466 1,556 1,246 967 777 1,356 1,351 1,726 1,680 1,374 1,760 1,460 1,627 1,379 1,114 16,57 764 958 1,332 1,390 1,443 1,574 1,309 1,468 1,554 1,529 1,509 1,076 Printed 12/10/2018 11:30 Page 8 of 11 Community & Public Works Department Monthly Report 01/01/2018 - 11/30/2018 Code Enforcement Code Enforcement Officers responded to 42 citizen requests in the month of November. They are listed by type below. Please remember that all complaints, even those that have no violation, must be investigated. 100 50 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CE -Stop Work Order Environmental General Nuisance ME Property Complaint, Non -Violation CE -Stop Work Order Complaint, Non -Violation Environmental General Nuisance Property Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 0 0 0 0 1 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 1 2 1 2 2 0 0 0 1 0 0 0 23 32 32 45 45 32 41 40 24 29 23 0 75 11 11 19 19 17 33 29 29 27 19 0 Monthly Totals 99 Annual Total To -Date: Printed 12/10/2018 11:30 667 Page 9 of 11 Revenue 2018 Trend 2017 2016 2015 2014 2013 Community & Public Works Department Monthly Report 01/01/2018 - 11/30/2018 Community & Public Works Department Revenue totaled $204,526 in November 2018. 400,000 300,000 200,000 100,000 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2018 2017 eve -Year Trend Jan Feb Mar Apr May Jun Jul Aug Sep Oct 1 Nov $193,214 $127,869 $224,540 $223,783 $235,713 $163,706 $261,083 $364,042 $254,117 $272,071 $204,526 $141,336 $114,162 $200,027 $177,670 $255,932 $239,522 $168,601 $161,655 $158,931 $175,053 $136,687 $114,587 $2,044,164 $185,045 $153,153 $153,939 $237,444 $318,163 $274,897 $156,278 $144,167 $159,789 $202,869 $250,078 $173,009 $2,408,831 $213,319 $191,658 $383,912 $196,705 $371,319 $243,029 $128,848 $271,684 $252,268 $207,849 $150,902 $133,482 $2,744,975 $74,775 $108,328 $161,174 $187,199 $123,918 $117,453 $162,551 $162,864 $99,587 $181,791 $99,627 $102,195 $1,581,462 $74,628 $66,134 $198,571 $160,508 $282,086 $152,637 $117,776 $127,540 $153,838 $149,197 $84,442 $97,689 $1,665,046 $158,912 $51,536 $102,538 $106,496 $184,176 $409,592 $277,553 $102,021 $129,174 $133,561 $98,386 $66,559 $1,820,504 Dec Totals $0 N2,524,664 Printed 12/10/2018 11:30 Page 10 of 11 Community & Public Works Department Monthly Report 01/01/2018 - 11/30/2018 Building Permit Valuation Community & Public Works Department Building Permit Valuation totaled $30,195,297 in November 2018. 80,000,000 60, 000, 000 40, 000, 000 20, 000, 000 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec -•- 2018 2017 Five -Year Trend 2018 Trend 2017 2016 2015 2014 2013 Jan $12.86M $12.68M $23.82M $7.97M $2.93M $3.18M $25.49M Feb Mar $6.72M $12.32M $18.37M $28.14M $10.71M $2.45M $1.92M $27.60M $16.83M $6.98M $55.63M $8.07M $9.90M $3.59M Apr $7.87M $15.22M $31.20M $10.10M $18.60M $8.92M $7.30M May $9.53M $27.19M $35.66M $36.76M $6.73M $34.58M $22.22M Jun $26.26M $22.32M $35.64M $19.11M $7.53M $7.44M $41.88M Jul Aug $29.25M $12.24M $9.78M $7.07M $5.05M $6.37M $32.91M $25.38M $14.94M $9.05M $41.60M $8.06M $9.47M $6.52M Printed 12/10/2018 11:30 Page 11 of 11 Sep $20.69M $13.57M $8.88M $33.68M $5.15M $12.01M $8.11M Oct $21.88M $11.13M $10.14M $9.13M $14.42M $7.74M $14.22M Nov Dec $25.40M $18.31M $67.10M $7.76M $5.86M $3.60M $7.25M $0.00M $7.24M $16.78M $5.52M $5.08M $6.30M $2.54M Totals Community & Public Works Department Monthly Report 11/01/18 — 11/30/18 MAINTENANCE Agreements for Services Adopted and In Operation * Budget estimates ** Does not include November Contract Name Contractor Contract Amount Total % of Contract Expended Expended Street Maintenance Street Sweeping Storm Drain Cleaning Snow- On Call Operators Landscaping Weed Spraying Emergency Traffic Control Litter and Weed Control State Highway Maintenance Traffic Signals, Signs, Striping Dead Animal Control Poe Asphalt AAA Sweeping AAA Sweeping Multiple (3) Senske Spokane Pro Car Senske Geiger Work Crew WSDOT Spokane County Mike Pederson $1,561,663.00 $490,200.00 $202,587.50 $215,000.00 $62,256.92 $20,124.20 $10,000.00 $70,000.00 $265,000.00 $670,000.00 $20,000.00 $1,212,308.23 $450,886.58 $183,383.15 $50,705.72 $40,611.18 $17,248.25 $5,065.69 $61,919.05 $153,357.69 $588,178.90 $11,575.00 77.63% 91.98% 90.52% 23.58% 65.23% 85.71% 50.66% 88.46% 57.87% 87.79% 57.88% 1111111111EIMEME Citizen Requests for Public Wo s - (SVri't`ite,,,,, Request Submitted In Progress Resolved CPW Project Dead Animal Removal General Street Maint Graffiti on City Propel Hazard on Street Illegal Dumping Vegetation / Weeds Report a Pothole Street Sweein SOLID WASTE STORMWATER TRAFFIC Signs: Missing/ Damaged SNOW Comments Totals 3 7 9 1 5 8 5 2 12 14 28 6 2 106 0 0 2 0 0 0 0 0 0 8 0 0 1 r 3 7 7 1 5 8 5 2 12 6 28 6 1 STREET MAINTENANCE ACTIVITY The following is a summary of Contractor maintenance activities in the City of Spokane Valley for November 2018: • AAA Sweeping - Monthly arterial maintenance sweeping. Fall residential sweep continued. • AAA Sweeping Vactor Contract — Cleaning drywells and swale inlets throughout the City • Poe Asphalt—Asphalt patching on Newer, Carnahan and Broadway. Concrete repair work in 10 locations. • Pothole patching. • Geiger Work Crew — Dryland grass mowing, tree trimming, litter pickup. WASTEWATER Status of the process can be monitored at: http://www.spokaneriver.net/, http://www.ecy.wa.gov/geographic/spokane/spokane river basin.htm, http://www.spokanecounty.org/utilities/WaterReclamation/content.aspx?c=2224 and http://www.spokaneriverpartners.com/ STORMWATER UTILITY The following is a summary of City Stormwater Utility activities for November 2018: • Developing Stormwater Assessment and Recommendation reports for 2019 and 2020 Capital Improvement projects. Two reports completed in November. • Continue initial meetings, correspondence and planning with Department of Ecology concerning stormwater grant projects. • Begin updating MS4 mapping to separate NPDES and UIC regulated facilities. • Continued annual management and/or participation of the following service contracts o Senske — swale maintenance o AAA Sweeping — Fall Sweep o AAA Sweeping — Storm Drain Cleaning • Continued working on the following tasks: o Responded to stormwater related issues, 15 sites. o Stormwater action requests for small works and maintenance projects 2018. Current status to date is shown below: Stormwater Project Requests (Incl. Public and In -Staff Requests) September -18 Total Requests Logged Since 2009: 410 2018 Completed Projects: Completed Projects 2009-2017: Locations not warranting work: 8 203 117 Total Project Backlog: 90 Remaining Projects Assigned for 2018-2020 Small Works: Maintenance: Large Capital: 50 28 11 Unfunded Projects Large Capital: 6 2 DEVELOPMENT ENGINEERING The following is a summary of Development Engineering activities for November 2018: • Assisted Building and Planning Division with preparation of design requirements for (10) Commercial and (5) Land Use Pre-Application meetings. • Prepared multiple Recommended Conditions of Approvals for preliminary plats and Dedication Languages for final plats. Reviewed multiple final plats and submittal packages to record final plats. • Reviewed civil plans and drainage reports for Engineered Grading Permits associated with commercial and land use projects. Coordinated with private Engineers and Developers. • Reviewed civil plans for the following projects: o Old Milwaukee Subdivision — 10 lots o Ponderosa East 2nd Addition — 22 lots o HD Fowler o Montgomery Park Building o Coyote Rock Mass Grading o Broadway 2 Apartments o Sunshine Disposal and Recycling o Pierce Road Short Plat — 12 lots • Met with citizens and developers in Permit Center to answer inquiries and discuss design requirements for potential commercial and land use projects. • Conducted preconstruction meetings, performed site visits, prepared punch lists, reviewed surety estimates, and reviewed and approved construction certification packages to finalize final plats and to issue commercial building certificates of occupancy. 3 CAPITAL PROJECTS SOOkane .000Val1ey Public Works Projects Monthly Summary - Design & Construction November -2018 Project # Design & Construction Projects Funding Proposed Ad Date Bid Open Date % Complete Estimated construction Completion Total Project Cost PE I CN Street Projects 0143 Barker Rd/BNSF Grade Separation FHWA - STP(U) TBD TBD 40 0 12/31/22 $ 2,827,702 0249 Sullivan & Wellesley Intersection Improv FHWA- STP(U) 05/03/19 05/24/19 38 0 12/31/19 $ 1,370000 0265 Wellesley Sidewalk Project FHWA- CMAQ TBD TBD 90 0 12/31/19 $ 447,000 0267 Mission SW - Bowdish to Union TIB - SP TBD TBD 20 0 12/31/19 $ 2,196,922 Street Preservation Projects 0248 Sprague Street Pres - Sullivan to Corbin FHWA- STP(U) 02/23/18 03/16/18 100 98 12/31/18 $ 1,977,273 0252 Argonne Resurfacing: Broadway to Mission FHWA- STP(U) 10/05/18 10/26/18 100 0 07/01/19 $ 843,151 0254 Mission - McDonald to Evergreen COSV 06/29/18 07/13/18 100 97 10/31/18 $ 946,167 Parks Projects 0268 Appleway Trail -Evergreen to Sullivan FHWA- STP(U) TBD TBD 5 0 12/31/21 $ 2,395,000 Project Design Only Projects Funding Design Complete Date %Complete Total Project Cost PE Street Projects 0205 Sprague/Barker lntersectionImprove ment COSV 12/31/18 0223 Pines Rd Underpass @ BNSF &Trent COSV TBD 0259 North Sullivan ITS Project FHWA- CMAQ 02/01/18 0273 Barker/I-901nterchange WSDOT TBD 0275 Barker Rd Widening - River to Euclid COSV 12/31/20 0276 Barker Rd Widening - Euclid to Garland COSV 12/31/20 0277 Barker Rd Widening - Garland to Trent COSV 12/31/20 0278 Wil bur Sidewalk - Boone to Broadway CDBG 03/31/19 0279 Knox Ave Sidewalk: Hutchinson to Sargent CDBG 03/31/19 0281 Highland Estates Connector SP. COUNTY 12/31/19 5 18 99 3 10 10 10 3 0 20 $ 51,619 $ 1,710,000 914,209 900,000 220,000 135,000 90,000 399,471 339,245 200,000 Street Preservation Projects 0256 University Rd Pres -24th to Dishman Mica COSV 12/01/18 90 $ 48,000 0257 University Rd Pres -16th to 24th COSV 12/01/18 90 $ 53,000 0269 Evergreen - Mission Connector to Indiana FHWA- STP(U) TBD 14 $ 660,000 0284 Argonne Rd. Pres- Val leyway to Broadway COSV 03/31/19 0 $ 325,000 0285 Indiana Ave Pres- Evergreen to Sullivan COSV TBD 1 $ 70,400 Stormwater Projects 0198 Sprague, Park to University LID Dept of Ecology 03/01/20 30 $ 20,000 0262 Stormwater Capacity Grant Dept of Ecology TBD 0 $ 4 TRAFFIC Argonne -Mullan Coordination Project Traffic is working with a consulting engineer and WSDOT to develop a traffic signal timing plan for the Argonne -Mullan Corridor. This project is slated to be complete by year end. Assisted CIP Street projects are in construction and Traffic staff reviews traffic control plans in the field as problems and concerns arise due to changing traffic patterns. CIP and traffic staff continue to work to get the construction completed with as little impact to the public. Traffic Model Update The City's traffic model has not been updated since before December, 2016. With such healthy development occurring in Spokane Valley, the City's traffic modeling is becoming obsolete. Traffic staff is working with a consultant to input developer provided information so that the modeling reflects as best as practical the traffic on our City streets. We plan to have this effort complete by the end of November. PLANNING AND GRANTS Community Development Block Grants (CDBG) CDBG issued a request for proposals for the 2019 program year. On October 23, 2018, City Council directed the City Manager to submit project applications for three sidewalk improvement projects: Ella Road — Alki to Broadway, Conklin Road — Appleway Trail to Riceland Lane, and Farr Road — 6th Avenue to 8th Avenue. Ella Road was listed as the highest priority project. Applications were submitted prior to the November 9, 2018 deadline and on January, 2019, Spokane County will have a public meeting where they will make their allocation recommendations. Grant Applications for the Pines Road/BNSF Grade Separation Project Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program The program is for highway -rail grade crossing improvement projects and the City is eligible for funding for the preliminary engineering (PE) phase of the project. In June and July, 2018, the City submitted funding applications to the Federal Rail Administration's (FRA) CRISI Program for fiscal years (FY) 17 and 18, respectively. The City submitted a total PE phase request of $1,246,500 with a City -match of $1,246,500 (50% match), for a total PE phase cost of $2,493,000. Awards are anticipated to be announced in December 2018 for FY 17 and spring 2019 for FY 18. Transportation Improvement Board (TIB) Call for Projects In June, 2018, TIB announced its annual call for projects. On July 24, 2018, City Council authorized the City Manager to submit applications for three projects, the two yellow -highlighted projects were awarded TIB funds: Project Name Program Total Cost Grant Request (%) City Match (%) Awarded 1. University Rd — 16th to Dishman Mica UAP $3,125,000 $1,875,000 (60%) $1,250,000 (40%) Yes 2. Sprague & Barker Intersection Improv. UAP $1,600,000 $1,280,000 (80%) $320,000 (20%) 3. Adams Rd from 16th to 23rd SP $508,000 $406,400 (80%) $101,600 (20%) Yes TOTAL $5,233,000 $3,561,400 $1,671,600 5 Additional Grant Information Spokane Regional Transportation Council (SRTC) Applications to SRTC were submitted on May 10, 2018. Overall, there were 49 total project applications submitted from 11 different agencies requesting nearly $100 Million. The total dollars available for award is $26.2 million. At the SRTC board meeting on November 8, 2018, the Board partially funded four of the City's submitted projects. The table below includes the City's submitted project applications and their awarded funding (highlighted in yellow). City Priority # Project Name Total Request Award Amount Funding Source Comments Awarded 1 Pines/BNSF GSP (RW Only) $3,795,000 $1,890,000 STBG 50% of request Yes 2 Barker — Spokane River to Trent $6,331,800 $2,050,000 STBG Phase 1 fully funded Yes 3 Sprague & Barker Intersection $1,159,979 $349,000 CMAQ Award equal to PE + ROW costs Yes 4 Pines & Mission Intersection $1,211,000 $509,000 CMAQ Phase 1 fully funded Yes 5 Mullan Road $1,211,000 $0 STBG N/A 6 Argonne Reconstruction $2,508,500 $0 STBG N/A 7 Park Road (RW Only) $268,150 $0 STBG N/A 8 Wilbur Road Sidewalk $557,060 $0 STBG-SA N/A TOTAL $17,042,489 $4,798,000 WSDOT City Safety Program (CSP) On March 13 2018, City Council authorized the City Manager to submit applications to the CSP. Applications were due in April 2018, and official awards are to be announced in December. Tentatively, the City's top scoring projects are Citywide Reflective Backplates, Citywide Reflective Sign Post Panels, and the Barker Corridor Shared -Use Pathway. 2019-2024 Six Year Transportation Improvement Program (TIP) The six-year TIP for 2019 — 2024 was adopted in June of 2018. State law requires the TIP to include all local road projects using REET funds, as well as regionally significant and federally funded transportation projects. Federally funded and regionally significant projects have been adopted into the four-year Statewide Transportation Improvement Program (STIP). In November, staff prepared an amendment to the TIP and STIP to reflect updates to planned construction projects for 2019 and updates to reflect funding recently awarded through state and federal grant programs. Comprehensive Plan Amendments, Chapters 2 and 5 Transportation Elements Amendments to the Transportation sections of the Comprehensive Plan are currently in development. These amendments include policy and strategy changes to reflect the Planned Action Ordinance projects in and around the Centennial Business Park as well as to support continued safety improvements for multimodal access to Spokane Valley streets. In November, updates focused on development of an appendix identifying all planned and potential transportation projects through 2040. Draft revisions were also identified for the planned sidewalk and bikeway networks to reflect completed projects as well as changing land uses, development patterns, safety trends and travel patterns. 6 Planning Studies The ongoing South Barker Corridor Study reviews current and forecasted conditions along the Barker Corridor from Mission Avenue south to 8th Avenue, and focuses on improvements to the north and south interchanges at 1-90. In November, the consultant team presented results of the long-term 2040 analysis. Study completion is scheduled for December 2018. Meetings with water district representatives continued in an effort to align upcoming water district projects with the city's capital projects and ongoing maintenance program. Pavement Management Update Contract for the Evaluation of Pavement Management Program Staff has entered into an agreement for professional services with Nichols Consulting Engineers (NCE) to provide a full evaluation of the existing pavement management program and provide recommendations that will most efficiently serve the City. The scope of work is scheduled to occur between August 2018 and January 2019. 2019 Pavement Preservation Projects Preservation projects are funded by Fund 311 and generally do not receive outside funding support. Project selection considers available funding, pavement condition, street classification, eligibility and availability of grant funding, and long term plans such as the comprehensive plan and six-year transportation improvement plan. The preliminary project list that will be funded by Fund 311 is shown below. Some projects are funded by awarded grants and the City will provide matching funds via Fund 311; whereas other projects will be completely funded by Fund 311. Project Name Limits from Limits to Comment Argonne Broadway Mission Awarded Grant -13.5% City Match Evergreen Mission Connector Indiana Awarded Grant -13.5% City Match University 16th Ave. Dishman-Mica Awarded Grant — 40% City Match Mullan Broadway Mission PE Only — Leverage design for future grant applications Mission University Union Pavement preservation +TIB Sidewalk Grant Argonne Valleyway Broadway Complete a gap between preservation projects Valleyway Marguerite Mullan Possible MOU with SCWD#3 8th Sullivan Progress PE Only — Possible CN provided by Vera Water & Power Farr Appleway 8th Possible MOU with SCWD#3 Woodruff 9th 10th Possible MOU with SCWD#3 Broadway Havana Fancher Pavement preservation near regional facility (fairgrounds) Indiana Evergreen Sullivan PE Only — Possible 2020 CN Additionally, the City has entered into a contract with Budinger & Associates to conduct pavement strength evaluations for the above listed projects. Evaluations will result in an ideal pavement overlay thickness and/or recommendations for road reconstruction. Contract work will be completed through November and December. 7 Mark Werner Ch1efolPollce Spokane Valley Police Department Accredited Since 2011 Services provided in partnership with the Spokane County Sheriff's Office and the Community, Dedicated to Your Safety. Ozzie Knezovich Sheriff TO: FROM: DATE: RE: Mark Calhoun, City Manager Mark Werner, Chief of Police December 11, 2018 Monthly Report November 2018 In August 2016, we switched from UCR to NIERS classification, which means we went from reporting based on a hierarchy to reporting all the crimes for each incident. Consequently, comparing crime statistics before August 2016 to crime statistics after that timeframe is not recommended using the data provided in the attached charts and graphs. ADMINISTRATIVE: The quarterly Spokane Regional Safe Streets Task Force Board Meeting was held in early November, which Chief Werner attended along with other command staff from the Sheriff's Office. Mid -November brought the annual Washington Association of Sheriff and Police Chiefs (WASPC) Conference held at Lake Chelan. Sheriff Knezovich and Chief Werner both attended the conference. Chief Werner met with Alise Mnati in mid-November to discuss Safe Communities Partnership. SHERIFF'S COMMUNITY ORIENTED POLICING EFFORT (SCOPE): In the month of November, S.C.O.P.E. participated in: • Neighborhood Restoration Planning Meeting with SV • Crime Stoppers of the Inland NW • Building Safer Neighborhoods, Seth Woodard • Safe Kids Coalition Meeting • Spokane Valley Christmas Tree Lighting • Moving Forward S.C.O.P.E. Regional Meetings • East Valley Community Coalition Mtg. Underage Drinking/Drug Prevention • GSSAC Coalition Meeting • Operation Family ID Page 1 November 2018 Volunteers Hours per Station *Includes estimated volunteer service hours that are provided in the City of Spokane Valley. These two locations cover both Spokane Valley and the unincorporated portion of the county. Location # Volunteers Admin Hours L.E. Hours Total Hours Central Valley 5 27.5 53.5 81 East Valley* 28 236 408 644 Edgecliff 9 146 13 159 Trentwood 5 88.5 77 165.5 University 24 339.5 71 410.5 West Valley* 20 253 87.5 340.5 "1'OTALS 91 1,090.5 710 1,800.5 Volunteer Value ($30.46 per hour) $54,843.23 for November 2018 SCOPE members assist the Spokane Valley Police Department each month by placing speed radar boards throughout Spokane Valley in conjunction with the Traffic Unit, in an effort to reduce speed in locations that have been identified by law enforcement or brought to their attention by the community as having excessive speeding vehicles. For the month of November, the speed radar board was placed at 4 locations (3 by trailer out of Scope Main; 1 with Gun/Radar Reader Boards) (1 by Scope North) capturing 122 hours of coverage. S.C.O.P.E. Incident Response Team (SIRT) volunteers contributed 26 on -scene hours (including travel time) in November, responding to crime scenes, motor vehicle accidents and providing traffic control; 8 hours were for incidents in Spokane Valley. There were 3 special events in November, one of which was in Spokane Valley, the Christmas Tree Lighting Ceremony. Total volunteer hours contributed by SIRT, including training, stand-by, response and special events is 1,234; total for 2018 is 13,428. (Starting January 2018, a change was made in how actual hours of 'stand-by' time is calculated. Due to the shortage of staff necessary to cover up to 62 shifts of 24 hours per day per month, a simple formula as used in the past, no longer reflects the actual time spent on stand-by. We now count each month the actual time members sign up for duty minus the time actually spent on -scene.) Abandoned Vehicles Page 2 Sep Oct Tagged for Impounding 26 67 Cited/Towed 3 9 Hulks Processed 33 10 Total Vehicles Processed 131 176 Yearly Total of Vehicles Processed 1107 1283 Page 2 SCOPE DISABLED PARKING ACTIVITY REPORT City of Spokane Valley # of Vol. # of Vol. # of Hrs. # of Disabled Infractions Issued # of Warnings Issued. # of Non - Disabled Infractions Issued January 0 0 0 0 0 February 0 0 0 0 0 March 1 3.5 1 3 0 April 1 3 0 2 0 May 1 3.5 1 0 0 June 0 0 0 0 0 July 0 0 0 0 0 August 0 0 0 0 0 September 2 4 1 4 0 October 0 0 0 0 0 November 0 0 0 0 0 YTD Total 5 14 3 9 0 Spokane County # of Vol. # of Hrs. # of Disabled Infractions Issued # of Warnings Issued # of Non - Disabled Infractions Issued January 1 11.5 1 11 0 February 3 24 7 13 0 March 3 34.5 11 16 0 April 2 21.5 2 5 0 May 3 28.5 4 20 0 June 10 2 8 0 0 July 4 28.5 6 13 0 August 4 31 1 14 0 September 2 17 0 10 0 October 5 50 4 24 0 November 5 50 6 14 0 YTD Total 43 300.5 52 140 0 Page 3 OPERATIONS: UPDATE: Suspect Identified and Arrested - After receiving several tips from the public, Major Crimes Detective Scott Bonney tentatively identified the 45 -year-old male suspect as the individual responsible for the October 10th shoplift/robbery at Macy's at the Spokane Valley Mall. At the end of October, Detective Bonney located the suspect in Airway Heights and immediately recognized him as the suspect in the Macy's surveillance videos. The suspect was arrested and booked into the Spokane County Jail for Robbery 1st Degree. We would like to thank everyone for their tips and continued support, which is essential as we work together to identify and arrest suspects who commit crimes in our community. 1(9 Gunnar Assists Deputies Arrest Burglar of an Occupied Home Who Fails to Surrender: Spokane Valley Deputies responded to a homeowner reporting she was home alone and noticed someone was inside her residence. Arriving deputies ensured the victim was safe and quickly secured the scene. The suspect barricaded himself inside the master bed/bathroom where K9 Gunnar aided in his safe apprehension. In early November, at approximately 2:10 p.m., Spokane Valley Deputies responded to a burglary in progress at a residence located in the 16000 block of E. 5th Ave. in Spokane Valley. The homeowner stated she walked upstairs from the basement to the master bedroom and noticed dresser drawers where open and had been ransacked. She also heard noises coming from someone still inside her residence. She returned to the basement and barricaded herself in the room and called 9-1-1. Arriving deputies contacted the victim in the front yard of the residence and ensured she was safe. With permission, deputies entered the residence and began to search for the 27 -year-old male suspect. The entire home was cleared with the exception of the master bedroom where deputies found the door was locked from the inside. Hearing loud noises corning from the room, several commands for the suspect to peacefully surrender went unanswered. With the male suspect failing to answer or surrender, and not knowing if he was armed with a weapon while he remained barricaded inside behind a locked door, Deputy Jason Hunt and his partner K9 Gunnar were called to the scene to assist. Several K9 announcements, advising the suspect that a K9 would be used to search the home and he needed to surrender or he would be bitten, were ignored. With the suspect's decision to ignore commands to surrender, the bedroom door was breached and K9 Gunnar was deployed into the room. K9 Gunnar searched and alerted on the closed and locked bathroom door. Again, K9 announcements were given, but the suspect continued to make the poor decision to ignore commands and peacefully surrender. The bathroom door was breached and K9 Gunnar was deployed. K9 Gunnar quickly located the suspect attempting to hide on top of the vanity and made contact with him. The male suspect remained defiant and would not follow commands to show his hands and surrender. K9 Gunnar removed the suspect from the vanity causing him to fall to the ground where he started to follow commands and was safely taken into custody. The male suspect told Deputy Hunt he is a meth/heroin user and had been awake for four days. He heard the K9 warnings, but he wanted to call his girlfriend and chose not to surrender, believing he would somehow get away. The suspect was provided medical attention prior to being transported and booked into the Spokane County Jail for Residential Burglary. Disorderly Suspect Takes a Swing and Receives a Ride to Jail: A disorderly subject, who had been reported several times throughout the evening, attempted to hit a Spokane Valley Sheriff's Deputy in the early morning. He was eventually taken into custody and charged with Assault 3rd Degree, a felony. In early November, at approximately 5:45 a.m., Spokane Page 4 Valley Sheriff's Deputies responded to a call for service regarding a disorderly male inside the Holiday Inn Express located at 9222 E. Mission in Spokane Valley. Employees informed the responding deputies that the 25 -year-old male was not a patron of the hotel, although he was eating the breakfast foods put out for the hotel guests. They had asked the suspect to leave, but he refused and began yelling at the staff. Deputies found that the suspect had previously been reported as a disorderly subject several times throughout the evening at different locations in the general area. Deputy Lundgren and Deputy Hoff contacted the male suspect and asked him to leave the property several times. After he failed to leave, the deputies ordered him to leave and, with the assistance of Deputy Wall, escorted him outside and into the parking lot. The suspect, who appeared to be exhibiting signs of illegal drug use, continued to loiter and began to ramble, pace back and forth, and appeared to become more agitated. He became verbally confrontational and started to walk away, but would stop periodically, turn around, point his finger, and walk away again. The suspect walked over toward the driver's side of a patrol car and spit toward it. Despite orders to keep moving and leave the property, he appeared to spit toward the patrol car again before he started to walk off and then stopped. Deputy Wall approached the suspect continuing to tell him to leave the property. The male suspect then bent over and picked up a bag, similar to a lunch bag, and swung it toward Deputy Wall's face. Deputy Wall extended his arm to defend himself as the suspect swung his fist, slightly grazing Deputy Wall who had moved to avoid the assault. Deputy Wall pushed the suspect back, told him to get on the groundand that he was under arrest. The male suspect did not follow the commands and squared off, continuing his aggressive behavior, as Deputy Wall drew his Taser. With the suspect's decision to continue to disobey commands and remain aggressive, Deputy Wall deployed the Taser causing the male to fall to the ground. Deputy Hoff and Deputy Lundgren moved in and placed the suspect in handcuffs without further incident. When the suspect was advised of the assault charge, he told Deputy Wall that was his toughest test yet and then stated, "Man that thing really worked bro." Medics were requested to respond to the scene, but the suspect refused any treatment. The male suspect was transported and booked into the Spokane County Jail for Assault 3rd Degree. Detectives Investigate Report of a Suspicious Male: Spokane Valley Major Crimes Detectives are investigating the report of a male who attempted to contact a young child in the 1000 block of N. Woodward in Spokane Valley. The child fled and reported the incident at school. In early November, at approximately 9:50 a.m., Spokane Valley Sheriff's Deputies responded to Broadway Elementary for the report of a strange male who attempted to contact a child who was riding a bike to school. The child fled from the male and reported the incident to school officials who immediately reported the infolination to law enforcement. The male is described as a white male with a beard, a hoop nose ring, approximately 40 years -old, wearing a blue puffy coat, black pants, black shoes, and a hunting type hat. No vehicle was mentioned or observed. Deputies began contacting neighbors in the area, but have not located any witnesses. Major Crimes Detectives were called to the scene to continue the investigation, work to identify this male, and determine his intentions. Investigators ask anyone who has surveillance cameras, with possible video footage of the area, to review the video for images of a male matching this description or of this incident. Anyone with information regarding this incident is asked to call Detective Nate Bohanek at 509-477-3223, reference #10156988. Deputies Locate Male, Disoriented & Needing Medical Assistance: Spokane Valley Deputies, responding to a missing at -risk adult, located a male in the remote Dishman Hills Natural Area. He was cold, very disoriented and in critical need of medical assistance. With the aid Page 5 of Spokane Valley Fire personnel, the male was provided medical care, carried out of the area on a litter to an awaiting AMR ambulance, and transported to a hospital for additional treatment. In mid-November, at approximately 7:00 p.m., Spokane Valley Sheriff's Deputies responded to the report of a missing 78 -year-old male who was not dressed for the weather, depressed, not wearing his needed hearing aids, and was reportedly without his needed medication. With temperatures dropping below freezing and information the male was last seen wearing only a long sleeve shirt, jeans and boots, deputies began searching the local area. Knowing the male liked to walk in the Dishman Hills area, Deputy Overbay and Deputy Wallace decided to check the isolated area on foot. After searching approximately one-half to three -fourth of a mile in on the trail, they heard a cry for help. They moved toward the voice and located the male lying on the ground. He was very confused and unable to speak in full sentences. The deputies requested a Spokane Valley Fire response as they continued to monitor the male's condition. Spokane Valley Fire personnel quickly arrived and provided additional medical aid. Due to the male's extremely poor medical condition, he was placed in a litter and carried out of the remote area to an ambulance and transported to a hospital for an evaluation and additional medical treatment. Later that afternoon, the male was still hospitalized, but was listed in satisfactory condition. With temperatures throughout that evening hovering around freezing, along with his poor medical condition, disorientation, and lack of warm clothing, we are extremely thankful our deputies determined a possible location and began searching for him on foot, locating him a short time later. This, coupled with the quick response of Spokane Valley Fire personnel, allowed him to receive the medical treatment he desperately needed, probably saving his life. Report of a Male with a Weapon on Sullivan, Central Valley High School Temporarily Placed on Lockdown as a Precaution. Spokane Valley Patrol and School Resource Deputies searched for a male who was reported to be walking near Central Valley High School with a handgun. The caller stated the male was walking toward her and disconnected. Not knowing exactly where the reported armed male was or what his intentions were, Spokane Valley Patrol Deputies immediately responded to the scene. The School Resource Deputy assigned to Central Valley High School made immediate notification to school officials and for the safety of the students and staff, the school was locked down. As a precaution, the entire school, and surrounding area was searched but the male was not located. * There is NO information the male was on school property or had any intention to harm anyone. * Additional information learned several minutes later was the male was "Open Carrying" the hand gun, but the caller did not know the laws or if that was legal. Citizens who are legally allowed to possess a firearm are allowed to "Open Carry" a handgun in public, including the sidewalk, streets or general area, but MUST remain off any school property. Two Victims Injured During Residential Robbery: Spokane Valley Major Crimes Detectives are investigating a robbery at a residence in Spokane Valley. Both adult victims were assaulted and sustained non -life-threatening injuries. Initial information suggests the victims are known to the suspect(s) and investigators believe this is not a random crime. In mid-November, at approximately 6:45 a.m., Spokane Valley Sheriff's Deputies responded to a reported robbery at a residence located in the 10900 block of E. 1 7th Ave. in Spokane Valley. Deputies were told the victims, an adult male and adult female, heard a knock on their front door. Approximately 20 minutes later, someone was at the front door again. When they answered the door, up to four suspects wearing masks and hoodies began assaulting them. They were tied up by the suspects after the assault. The suspects ransacked the house and stole several Page 6 items before leaving. The victim's Toyota Camry was also stolen by the suspects. Both victims were transported to the hospital for additional treatment for head and body injuries from being struck during the assault. From statements made by the victims, investigators believe the victims are known to the suspects and this was not a random act of violence. Anyone with information regarding this robbery or observed any suspicious activity in the area is urged to call Major Crimes Detective Scott Bonney at 509-477-3125, reference #10160245. Two 13 -year-old Juveniles Arrested: Possession of Dangerous Weapon at School: Spokane Valley Sheriffs Deputies arrested two juvenile males for bringing an airsoft pistol to University Elementary. At one point, one suspect pulled the airsoft pistol from his pocket and used it to tap on a classroom window, as the second goaded him on, during evening -hour student/teacher conferences, which were being held inside. In mid-November, just prior to 6:00 p.m., Spokane Valley Deputies responded to the report of a juvenile with a gun outside University Elementary, located at 1613 S. University Rd. in Spokane Valley. The caller stated the student was captured on surveillance video outside the school with a hand gun, looking through windows of the school. School was not in session, but teachers and parents were inside the school for student/teacher conferences. Deputies responding to the school searched the area, but did not locate the suspect. Deputy Van Patten viewed the video surveillance footage and observed two juvenile males with what appeared to be a firearm. In the video, the juveniles passed the handgun back and forth. One pulled his hoodie over his head, cinched it down, and began looking in the window of a classroom. He produced the pistol from his pocket, pulled the slide back as if he was loading it, and tapped on the classroom window with the pistol. Then, both males quickly hid on the ground beneath the window. A short time later, both began peering through the window again, as the one with the pistol worked the action again. The second male appeared to be speaking to the one with the pistol during the incident. A teacher recognized one of the juvenile males from the video and provided his name. Deputy Van Patten contacted the identified juvenile male at his residence. He was wearing the same clothing as seen in the surveillance video. The juvenile male admitted to being at the school with a friend and they had an airsoft gun with them. He stated that they were shooting the pistol at windows of the school, fully aware teacher conferences were taking place, and wanted to annoy them. He also was aware of the signs all around the school stating firearms and weapons were not allowed at the school because of school shootings. His friend tapped on the window with the handgun and had pulled his hood over his head before so he wouldn't be seen on the surveillance camera. He admitted to encouraging his friend to continue tapping on the window of the classroom with the pistol. When he was advised he was under arrest for Possession of a Dangerous Weapon on School Facilities, a gross misdemeanor, he became upset and immediately said he didn't care, he would be released tomorrow anyway. When Deputy Spencer asked him if he wanted to end up in prison, he stated he wouldn't and that he wouldn't be caught next time. He further explained, all cops were stupid and he was smarter than them. He was transported and booked into the Spokane County Juvenile Detention Facility. Deputy Van Patten went to the second juvenile male's residence and contacted him. He confessed to having the airsoft gun at school with his friend. He stated they were shooting it at the windows of the school while teacher conferences were taking place because they thought it was funny. He said the pistol was "very realistic looking" and it was in his room on his bed. The male's mother retrieved the airsoft pistol possessed by the juvenile males, which was a spring or CO2 powered SFIER1F, F �uiarnn•n WuoNri4 ='i Page 7 airsoft pistol. He was arrested for Possession of a Dangerous Weapon on School Facilities (RCW 9.41.280) and booked into Spokane County Juvenile Detention. Major Crimes Investigating Stabbing of 8 -Year -Old Boy, Suspect Charged with Attempted Murder Ist Degree: Spokane Valley Major Crimes Detectives are investigating the stabbing of a juvenile male at HiCo. The suspect, restrained by witnesses and the victim's father, was arrested by arriving deputies. The victim was transported to the hospital with non -life- threatening injuries. In mid-November, at approximately 4:30 p.m., Spokane Valley Deputies responded to the call of two males fighting and a possible stabbing of an 8 -year-old boy. When deputies arrived at the scene, the 30 -year-old male suspect was being restrained by witnesses and quickly taken into custody. Witnesses at the scene stated the victim and his father were at a table inside the store when the suspect entered the store, walked up to the table, and grabbed the victim while he was playing on an I -Pad. The male suspect then begun stabbing the victim at which time the victim's father jumped up to defend his son. Several witnesses to the incident assisted in restraining the suspect, while others attended to the victim who was bleeding from several wounds, including one to his neck. Spokane Valley Fire and AMR personnel arrived at the scene and immediately took over medical care. Due to the random and vicious nature of this violent assault, Major Crimes Detectives were called to the scene to continue the investigation. The male suspect, who appeared to be under the influence of alcohol/drugs, was transported to the Public Safety Building to be interviewed by detectives. During the transport, he continued to be aggressive and attempted to slip his handcuffs, but was unsuccessful. The victim was transported to the hospital in stable condition. The male suspect was booked into the Spokane County Jail for attempted Murder 1st Degree and Assault of a Child 1St Degree. Intoxicated Driver Hits Parked Vehicle Injuring the Person Loading It/Driver Arrested for Vehicular Assault: Spokane Valley Deputies responded to a reported injury collision in the 7400 block of E. Stn Ave. in Spokane Valley. The driver of the vehicle was arrested and charged with vehicular assault. In late November, just prior to 10:00 p.m., Spokane Valley Deputies were called to the scene of a reported two -vehicle -injury collision. Arriving deputies learned a Toyota Tundra, driven by a 36 -year-old male, was traveling east on 8th Ave. and drifted onto the shoulder of the roadway. His vehicle hit a parked car before crashing head-on into a second vehicle, a white Mitsubishi Outlander. The force of the collision pushed the Mitsubishi back striking an adult female victim, an Uber driver, who was standing next to her vehicle, loading items into the backseat. The victim sustained serious, but non -life-threatening, injuries and was transported to a hospital for further treatment. When Deputy Andrew Richmond contacted the male suspect/driver, he immediately noticed the suspect's eyes were glossy and he smelled a strong odor of alcohol coming from the suspect's vehicle. The suspect, speaking slowly, admitted to drinking alcohol during the evening. Deputy Spencer Rassier arrived to conduct an investigation to determine if the male suspect was DUI. He noted the suspect's eyes were droopy, bloodshot/watery, and he could smell a strong odor of alcohol coming from the suspect's breath. After conducting field sobriety test, the suspect was arrested for DUI. The suspect later refused to submit to a breath test. Due to the substantial injuries suffered by the victim, the suspect was advised he was being charged with vehicle assault. A search warrant to obtain a blood sample from the suspect was requested and granted. The male suspect was medically evaluated, due to the collision, and a blood sample was obtained at that time. The male suspect was transported and booked into the Spokane County Jail for Vehicular Assault, a felony. Page 8 Suspect Arrested after Shooting in a Business Parking Lot: Spokane Valley Major Crimes Detectives are investigating a shooting which left one person wounded. The suspect was stopped in a vehicle as he tried to Ieave the scene and taken into custody. The adult male victim received wounds to his lower leg and foot, which appear to be non -life-threatening. In late November, at approximately 6:30 a.m., Spokane Valley Deputies responded to a report of a male with a gun in the parking lot of a business located at 10421 E. Montgomery in Spokane Valley. The caller stated the 50 -year-old male suspect was holding the pistol in his hand and provided the male's description. Within minutes, another caller reported hearing gunshots before seeing the suspect, armed with a gun, get into a vehicle and leave westbound on Montgomery. Deputies and a Washington State Patrol Trooper arriving in the area observed the suspect vehicle near Argonne and Montgomery. The male suspect was taken into custody without incident. According to the suspect, the victim had previously threatened the suspect and his family's lives. This morning, the suspect armed himself before telling his family he was probably going to jail because he wasn't going to allow the victim to threaten or possibly harm his family. The suspect then drove to the business where the victim works and located him near a trailer where the shooting occurred. The male suspect left the scene in a vehicle and was quickly taken into custody by responding deputies. Major Crime Detectives were called to the scene to continue the investigation. The suspect told detectives he wasn't shooting to kill the victim, he was shooting to teach him a lesson. Two handguns were recovered when the suspect was taken into custody. The male suspect was transported to the Public Safety Building to be interviewed and was booked into the Spokane County Jail for Assault 1St Degree. This is an ongoing investigation and additional charges are possible. Major Crimes Investigating Shooting on 3rd Avenue: Spokane Valley Major Crimes Detectives are investigating the report of a male who was shot in the arm by a male acquaintance, during an argument. The victim was transported to the hospital with what appears to be a non -life-threatening injury. The suspect fled the scene in a white, 2013 Chevrolet Impala, 4 -door, with a spoiler on the back and Idaho license plates K579041. In late November, just prior to noon, Spokane Valley Deputies responded to the report of a possible shooting. Deputies arriving at the scene contacted the adult male victim in front of the apartment building. The victim was transported to an area hospital for medical treatment. Major Crimes Detectives were called to the scene to continue the investigation. Investigators learned the victim and the suspect know each other and were involved in a dispute, which ended when the suspect pulled a handgun and shot at the victim, striking him in the arm. The suspect fled the scene in a white, 2013 Chevrolet Impala, 4 -door, with a spoiler on the back and Idaho license plates K579041. Spokane Valley Major Crimes Detectives and Deputies later that day, continuing to work on this investigation, located the 37 -year-old male suspect and safely took him into custody. He was transported and booked into the Spokane County Jail for Assault 1st Degree and Unlawful Possession of a Firearm 1St Degree. The Chevy Impala was also located. We would like to thank everyone for helping us and providing tips during this investigation. Page 9 SVIU & SWAT Serve a Search Warrant: Spokane Valley Investigative Unit (SVIU) Detectives, with the assistance of the SWAT Team, executed a search warrant at a residence located on S. Pines in late November. The search warrant stemmed from an on-going property crimes and drugs investigation. During the warrant service, 18 people were detained, 2 were arrested including the main focus of the investigation, a 13 -time convicted felon. Detectives seized Methamphetamine, Heroin, cash, several boxes of ammunition, several credit cards believed to be stolen, and one vehicle. In late November, just prior to 10:00 a.m., the Spokane Valley SWAT Team, SVIU Detectives, Spokane Regional Safe Streets Task Force Investigators and Spokane Valley Deputies converged on a residence, located in the 800 block of S. Pines, to serve a search warrant. The search warrant, a product of a SVIU investigation into criminal activity occurring at the residence, was obtained by Detective Jeff Thurman after probable cause was established. Through the investigation, detectives developed information that the 54 -year- old male homeowner, a 13 -time convicted felon, was selling or allowing methamphetamine to be sold/used at the location. They also learned firearms, ammunition, and stolen property were commonly at the location. During the service of the search warrant, 20 individuals were detained, including the homeowner/suspect and a 50 -year-old male suspect. When contacted by SWAT Team members, the 50 -year-old suspect would not follow commands and he was arrested for Obstructing and Resisting Arrest. Later, a check of his name showed an active Washington State Department of Corrections (DOC) Escape Community Custody warrant and an Idaho felony warrant for his arrest. A search of the residence and property led to the seizure of approximately 87 grams (3+ ounces) of methamphetamine, 15 grams of heroin (1/2+ of an ounce), indications of drugs sale/use (scales, pipes, ledgers, packaging, cellphones and laptops), $1,926 in cash, several boxes of ammunition and a 1989 Volvo. Detectives also located and seized over 25 pieces of identification and credit cards believed to be stolen. Both male suspects were transported and booked into the Spokane County Jail. The other 18 individuals detained were released pending further investigations. The homeowner/suspect was booked on three counts of Possession of a Controlled Substance with Intent to Deliver. The 50 -year-old male suspect was booked for his WA DOC warrant and new charges of Obstructing and Resisting Arrest. This remains an active investigation and additional charges/arrests are anticipated. SVIU Detectives would like to thank everyone for the tips and information received from the public regarding the suspected criminal activity at this residence. They are also grateful for the several people who stopped to tell them "thank you" for addressing this neighborhood nuisance. I) SHERIFF iIER':FF 7LZiE D 104Q741C,I Deputies "Gett'n Hairy" to Raise Cancer Awareness this November: Some of the Spokane County and Spokane Valley Sheriff's Deputies who wished to participate, said goodbye to razors and said "hello" to No -Shave November to help raise cancer awareness. All funds Page 10 raised during this event were given to St. Jude Children's Research Hospital. During the month of November, participating Spokane County and Spokane Valley Deputies put their razors away and "got hairy" to raise cancer awareness. Don't be alarmed, Sheriff Knezovich hasn't thrown away grooming policies or standards of dress and professionalism our community expects, he's merely made an exception for this very important one-month program. The Spokane County Deputy Sheriff's Association brought this idea forward and requested to participate in No -Shave November and Sheriff Knezovich didn't hesitate to agree. Starting November 1St, Deputies who wished to participate skipped shaving through the entire month with the goal of evoking conversation and raising cancer awareness. In addition, the Spokane County Deputy Sheriff's Association planned to donate $1000.00, with all funds raised being donated to St. Jude Children's Research Hospital here in Spokane. Why St. Jude Children's Hospital? That's simple. St. Jude Children's Hospital is leading the way the world understands, treats and defeats childhood cancer and other life-threatening diseases. Families never receive a bill from St. Jude for treatment, travel, housing or food, because they believe, as do we, all a family should worry about is helping their child live. Treatments invented at St. Jude have helped push the overall childhood cancer survival rate from 20% to more than 80%! St. Jude Children's Hospital's mission of "Finding cures. Saving children." is something we all can support. The children affected by cancer and their families need our help as they fight this disease and our Deputies want to help. By the end of the month, DSA Members raised a total of $2,180 for St. Jude Children's Hospital. We call that a success! LOCK ITEMS IN YOUR TRUNK OBSERVE CARS SHOULD KEEP GARAGE AND REPORT NEVER RUN DOORS CLOSED UNATTENDED Page 11 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Burglary Month Count Year 2015 2016 2017 Calendar 2018 January 84 72 55 51 February 66 73 53 26 March 71 78 42 33 April 68 87 49 36 May 69 73 47 34 June 86 93 59 28 July 103 89 51 44 August 86 103 56 51 September 94 91 78 38 October 105 71 37 48 November 80 92 32 48 December 81 63 33 Grand Total 993 985 592 437 * IBR Offense: Burglary/Breaking & Entering 220 Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Murder NonNeg Manslaughter 2.5 2 1.5 1 0.5 0 FEBRUARY a 7 K a a Y W Q z SEPTEMBER m 0 L) u 0 NOVEMBER DECEMBER X2015 —sir— 2017 Calendar 2018 Month Count Year 2015 2016 2017 Calendar 2018 January 1 February March 1 April May June 1 July 1 1 August 1 September October 2 November 1 1 1 December 1 Grand Total 5 4 2 1 *IBR Offense: Murder/Non-Negligent Manslaughter 09A Produced: 12/12/2018 For Law Enforcement Use only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriffs Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Identity Theft Month Count 1 Year 2015 2016 2017 Calendar 2018 January 9 20 February 1 24 16 March 22 13 April 16 22 May 32 21 June 19 17 July 23 14 August 9 13 14 September 7 17 12 October 7 15 20 November 10 19 22 December 8 25 Grand Total 42 234 191 *IBR Offense: identity Theft 26F Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Fraud Month Count Year 2015 2016 2017 Calendar 2018 January 12 23 26 69 February 18 17 36 46 March 20 21 37 59 April 18 15 43 55 May 24 8 53 67 June 14 19 57 65 July 17 26 61 65 August 28 15 53 62 September 24 16 66 49 October 34 41 64 60 November 18 38 54 55 December 25 30 43 Grand Total 252 269 593 652 * IBR Offense: Fraud - Credit Card/ATM 26B, Fraud - False Pretenses/Swindling/Con Games 26A, & Fraud - Impersonation 26C Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: DUI Month Count Year 2015 2016 2017 Calendar 2018 January 30 30 22 21 February 22 30 26 18 March 25 31 33 39 April 28 22 18 13 May 27 27 19 33 June 29 31 28 23 July 31 19 26 15 August 31 18 24 28 September 18 20 19 37 October 25 19 24 33 November 20 28 18 32 December 13 27 20 Grand Total 299 302 277 292 * IBR Offense: DUI 90D Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56,420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Drugs Month Count Year 2015 2016 2017 Calendar 2018 January 2 5 19 42 February 3 30 38 March 2 2 30 64 April 4 1 37 56 May 1 5 23 35 June 2 2 20 56 July 3 1 21 56 August 4 16 26 43 September 5 28 25 33 October 3 20 24 51 November 1 20 39 37 December 3 27 25 Grand Total 30 130 319 511 * IBR Offense: Drug Equipment Violations 35B & Drugs/Narcotics Violations 35A Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56,420 Spokane County Sheriffs Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Theft From Motor Vehicle 200 180 160 140 120 100 80 60 40 20 0 JANUARY FEBRUARY u 2 2 SEPTEMBER OCTOBER NOVEMBER DECEMBER —0-2015 —A-2017 Calendar 2018 Month Count Year 2015 2016 2017 Calendar 2018 January 134 101 99 76 February 124 76 104 32 March 96 72 94 78 April 62 134 131 62 May 84 108 78 69 June 68 177 107 66 July 85 139 97 107 August 92 131 70 87 September 109 103 118 85 October 111 124 70 104 November 91 153 54 112 December 110 119 70 Grand Total 1166 1437 1092 878 * IBR Offense: Theft From Motor Vehicle 23F Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 4236.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Motor Vehicle Theft Month Count Year 2015 2016 2017 Calendar 2018 January 62 112 44 36 February 64 53 38 24 March 53 66 44 28 April 53 75 42 27 May 71 59 27 24 June 58 80 28 24 July 73 73 41 39 August 60 39 36 18 September 78 35 43 26 October 65 51 40 31 November 59 33 34 45 December 78 39 28 Grand Total 774 715 445 322 IBR Offense: Motor Vehicle Theft 240 Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Robbery Month Count Year 2015 2016 2017 Calendar 2018 January 11 3 3 6 February 9 7 6 2 March 12 8 7 5 April 6 3 3 6 May 6 8 2 8 June 5 5 1 3 July 8 5 4 7 August 7 3 1 6 September 15 2 4 6 October 7 10 4 5 November 3 10 3 3 December 11 3 1 Grand Total 100 67 39 57 IBR Offense: Robbery 120 Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Assault 180 160 140 120 100 80 60 40 20 0 FEBRUARY SEPTEMBER OCTOBER NOVEMBER DECEMBER -. 2016 —A— 2017 Calendar 2018 Month Count Year 2015 2016 2017 Calendar 2018 January 157 131 96 84 February 141 140 95 62 March 138 145 78 107 April 131 142 90 93 May 151 143 93 80 June 140 115 93 104 July 143 122 95 112 August 136 63 73 84 September 130 81 92 75 October 148 99 87 82 November 124 97 84 78 December 127 88 84 Grand Total 1666 1366 1060 961 * IBR Offense: Aggravated Assault 13A & Simple Assault 13B Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Theft Month Count Year 2015 2016 2017 Calendar 2018 January 233 240 205 238 February 240 208 199 166 March 258 215 214 208 April 239 232 203 203 May 226 193 235 2.30 June 239 263 251 225 July 259 242 236 236 August 264 203 222 212 September 247 222 213 194 October 227 232 237 232 November 193 244 219 200 December 278 225 198 Grand Total 2903 2719 2632 2344 * IBR Offense: Theft - All Other 23H, Theft - Pocket -Picking 23A, Theft - Purse -Snatching 23B, Theft - Shoplifting 23C, Theft From Building 230, Theft From Coin -Operated Machine 23E, & Theft of Motor Vehicle Parts/Accessories 23G Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Rape Month Count Year 2015 2016 2017 Calendar 2018 January 7 7 8 16 February 10 7 2 3 March 6 9 3 8 April 10 8 7 5 May 9 12 9 9 June 5 9 1 8 July 5 4 6 5 August 13 2 5 4 September 3 4 2 3 October 14 5 6 2 November 9 6 4 December 8 4 3 Grand Total 99 77 52 67 *IBR Offense: Rape - Forcible 11A Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Counterfeiting Forgery r 2016 —2017 Calendar 2018 Month Count Year 2015 2016 2017 Calendar 2018 January 18 14 9 18 February 18 13 11 10 March J.J. 25 20 24 April 7 6 20 22 May 9 9 26 21 June 9 15 15 15 July 12 11 21 14 August 12 7 14 17 September 8 11 20 14 October 12 7 18 11 November 6 15 9 19 December 19 12 9 Grand Total 141 145 192 185 *IBR Offense: Counterfeiting/Forgery 250 Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Destruction Damage Vandalism - 2016 — A-2017 Calendar 2018 Month Count Year 2015 2016 2017 Calendar 2018 January 152 133 159 146 February 130 111 148 95 March 127 148 136 121 April 126 151 173 127 May 130 134 139 142 June 130 176 143 140 July 125 154 178 141 August 141 160 149 132 September 130 118 160 155 October 155 165 119 164 November 129 196 131 154 December 163 161 105 Grand Total 1649 1807 1740 1517 IBR Offense: Destruction/Damage/Vandalism 290 Produced: 12/12/2018 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420