City Council

CITY COUNCIL MEETING TUESDAY, JANUARY 6, 2015 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:00 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. CITIZEN COMMENTS 7. MAYOR AND CITY COUNCIL COMMITTEE REPORTS  Finance Committee  Community Development Committee 8. CITY ADMINISTRATOR REPORT 9. WORKSHOP DISCUSSIONS  A Summer Event in Liberty Lake – Amanda Tainio & Michelle Griffin  Comprehensive Plan Update – Katy Allen 10. ACTION ITEMS A. Consent Agenda i. Approval of December 16, 2014 City Council Minutes ii. Approve January 6, 2015 vouchers in the amount of $1,109,312.33 B. General Business i. Approve Lodging Tax Advisory Board recommendations and authorize the Mayor to sign the agreements when they become available ii. Approve Scope of Services and Fee Schedule for Gregg Dorhn & Associates to provide assistance in updating the City’s Comprehensive Plan, and delegate authority to City Staff to negotiate a Professional Services Agreement subject to the City Attorney’s approval iii. Approve a Professional Services Agreement with SPVV Landscape Architects to provide conceptual drawings and estimates for the expansion of the Pavillion Park women’s restroom, additional storage and concession addition The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. 11. RESOLUTION Resolution No. 15-194 – A Resolution of the City of Liberty Lake, Washington Endorsing the Central Valley School District Bond Proposal and Encouraging the Voters to Vote on February 10, 2015 12. INTRODUCTION OF UPCOMING AGENDA ITEMS 13. CITIZEN COMMENTS 14. ADJOURNMENT The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations.  City Council Subcommittee Agendas From: Amanda Tainio To: Dan Dunne; Hugh Severs; Katy Allen; Michelle Griffin; Robert Moore; Stan Jochim Cc: Ann Swenson; Andrew Staples; Shane Brickner; Steve Peterson Subject: 12/30 Community Development Committee Meeting 5pm Start: Tuesday, December 30, 2014 5:00:00 PM End: Tuesday, December 30, 2014 6:30:00 PM Location: City Hall Conference Room We changed the date due to the holiday so here is the agenda for the December 30th, Community Development Committee Meeting at 5pm. If there is anything you would like to add for discussion at future meetings, please email me and I would be happy to add it. If you will not be able to make it or you will be late, please let Katy or I know so we can contact Shane, if needed. Merry Christmas! Thanks, Amanda Tainio City of Liberty Lake Planning & Building Services Manager 22710 E. Country Vista Dr. Liberty Lake, WA 99019 Phone: 509-755-6708 Fax: 509-755-6713 HYPERLINK "mailto:atainio@libertylakewa.gov" atainio@libertylakewa.gov HYPERLINK "http://www.libertylakewa.gov/" www.libertylakewa.gov/ December 30th Meeting Agenda City Council Proposed Agenda Overviews Liberty Lake JAMboree Concessions Stand at Pavillion Park Comprehensive Plan Periodic Update – Contract Sign Code Update Future Meetings Parks, Recreation, & Public Art Commission City Project Updates Parks, Recreation, Open Space, & Trails Plan Update ACTION ITEMS  City of Liberty Lake Consent Agenda for January 6, 2015 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through January 6, 2015 Payee Description Amount See attached voucher report. Total vouchers through January 6, 2015 $ 241,917.38 December, 2014 checks total $92,603.68 January, 2015 checks total $149,313.70 Check dated December 18, 2014 Spokane County Auditor Check No. 20103 $ 591,000.00 December payroll & benefits $276,394.85 TOTAL $1,109,312.23 RECOMMENDATION: Approve and Authorize for Payment ATTACHMENTS: All original invoices are on file with the City Treasurer. SIGNATURES: City Clerk Mayor Finance Committee  AGENDA ITEM NO.: 10Bi BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: January 6, 2015 Lodging Tax (Hotel/Motel) DEPT. OF ORIGIN: Executive EXHIBIT: DEPT. HEAD APPROVAL: Mayor Steve Peterson 2015 Budget summary EXPENDITURE REQUIRED: Not Applicable BUDGETED: $78,000 for 2015 SUMMARY STATEMENT The Lodging Tax Advisory Board met on December 16, 2014 to review the recommended budget for the 2015 Lodging Tax (Hotel/Motel) and hear presentations from the non-profit groups that are mentioned below. After hearing presentations given by applicants to the Lodging Tax Advisory Board, the Board motioned to award the following: 1. Friends of Pavilion Park - $5,000 2. Windermere Marathon - $3,000 3. Spokane Sports Commission - $15,000 3. HUB Sports Center - $25,000 4. Liberty Lake Rotary Club - $7,500 5. Visit Spokane - $10,000 6. Kiwanis Club - $1,500 7. Farmers Market - $5,000 8. LL Community Theatre - $1,000 9. City of Liberty Lake - $5,000 RECOMMENDED ACTION Approve the Lodging Tax Advisory Board recommendations and authorize the Mayor to sign the agreements when they become available.  AGENDA ITEM NO.: 10Bii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: Scope of Services & Fee Schedule FOR THE AGENDA OF: January 6, 2015 Gregg Dorhn & Associates DEPT. HEAD APPROVAL: Katy Allen DEPT. OF ORIGIN: Planning & Building Services EXHIBIT: Scope of Services / Fee Schedule EXPENDITURE REQUIRED: Yes BUDGETED: Included in 2015 Budget (General Fund) SUMMARY STATEMENT City Staff researched and conferred with adjacent jurisdictions concerning consultants for conducting the periodic update to the City Comprehensive Plan and have selected Gregg Dorhn & Associates. Gregg Dorhn & Associates has submitted a scope of service and task list that meets the WA State Growth Management Act (GMA) Periodic Update requirements and the City’s GMA Public Participation Program. Work on the City Comprehensive Plan will be conducted in 2015. Subsequent Municipal Code Revisions for implementation is targeted for 2016 under a separately approved budget and the task list and cost will be presented as part of the 2016 budget process. We are requesting that Council approve the Scope of Services and Fee Schedule for Gregg Dorhn & Associates. We also request that Council delegate authority to City Staff to negotiate a Professional Services Agreement with Gregg Dorhn & Associates. The Professional Services Agreement will be subject to the City Attorney’s approval. RECOMMENDED ACTION 1. Approve Scope of Services and Fee Schedule for Gregg Dorhn & Associates. 2. Delegate authority to City Staff to negotiate a Professional Services Agreement subject to the City Attorney’s approval.  Scope of Services December 19, 2014 G. R. Dohrn and Associates (GRDA or Consultant), at the request of the City of Liberty Lake (City), and under the direction of the City Administrator and City Planning and Building Services Manager, shall provide the following professional planning services in support of updating the City’s Comprehensive Plan in accordance with the provisions of the Washington State Growth Management Act. It is understood by the parties that all services will be provided under the direction of Gregg Dohrn and that he will seek to employ students from the Urban and Regional Planning Program at Eastern Washington University to the greatest extent possible for tasks that provide meaningful learning opportunities for the students commensurate with their level of knowledge and experience. Task 1 City of Liberty Lake Comprehensive Plan Amendments G. R. Dohrn and Associates shall, upon authorization to proceed, prepare for local adoption amendments to update the Liberty Lake Comprehensive Plan. This shall include the following tasks: 1.1 Project Mobilization The City shall assemble and make available for use by the Consultant such background data, electronic files, maps, and studies that may be necessary to update the City Comprehensive Plan. a. The Consultant, the City Administrator, and City Planning and Building Services Manager will meet with the County Planning Director to review the anticipated process for updating the County Comprehensive Plan and to identify issues and opportunities for the coordination of efforts. b. The Consultant will research and prepare a demographic profile of the community utilizing US Census data and other on-line data sources. c. The Consultant, utilizing students to the greatest extent possible, will facilitate updating the City’s land quantity analysis. 1.2 Mapping Services The Consultant, utilizing students to the greatest extent possible, will provide such professional mapping services as may be required by the City to support the review and update of the City’s Comprehensive Plan in accordance with the provisions of the Washington State Growth Management Act. It is anticipated that this will be limited to updating maps associated with the land use analysis, if more  City of Liberty Lake, Washington Comprehensive Plan Update G. R. Dohrn and Associates Scope of Services December 19, 2014 extensive mapping is required, a revision to this Scope of Services or a supplemental task order may be required. 1.3 Preliminary Review The Consultant shall review the City Comprehensive Plan and identify potential revisions that the City may wish to consider during the update process, including such revisions that may be necessary to remain in compliance with the provisions of the Washington State Growth Management Act. 1.4 Facilitated Staff Review GRDA, in consultation with the City Administrator and City Planning and Building Services Manager, will plan and facilitate a City Management Team meeting to review the current comprehensive plan. Discussion items will include the identification of activities completed since the current comprehensive plan was adopted, emergent planning issues, and potential planning priorities as well as data, maps, and relevant plans that may be appropriate to include in the updated comprehensive plan. 1.5 Public Agency Review GRDA, in consultation with the City Administrator and City Planning and Building Services Manager, will prepare and facilitate a meeting with local jurisdictions and public agencies to review the schedule to update the City’s Comprehensive Plan, to identify issues of mutual interest, and to discuss potential revisions to the Comprehensive Plan. 1.6 Kick-off Meeting (optional) The Consultant shall prepare and facilitate a joint meeting of the City Council and City Planning Commission to kick-off the comprehensive planning update process. The agenda will include a review of the project work plan, schedule, expected outcomes, roles and responsibilities, and public participation strategies as well as a discussion of the City’s Vision Statement and current Comprehensive Plan Goals and priorities. 1.7 Community Meeting At the request of the City, the Consultant shall plan and facilitate a community meeting to review the vision statement, community priorities, and to discuss potential comprehensive plan goals and policies. The City will be responsible for all meeting logistics and invitations. 2  City of Liberty Lake, Washington Comprehensive Plan Update G. R. Dohrn and Associates Scope of Services December 19, 2014 1.8 Targeted Stakeholder meeting GRDA, in consultation with the City Administrator and City Planning and Building Services Manager, will prepare and facilitate a meeting with local developers and other key stakeholders to discuss planning issues and opportunities, and potential revisions to the Comprehensive Plan. 1.9 Recommended Priorities The Consultant shall prepare a memorandum for distribution by the City summarizing the preliminary staff meetings, the kick-off meeting, and community meetings confirming the comprehensive planning priorities. It is anticipated that the primary revisions will be to update the Goals and Policies along with supporting data, as needed. It is not anticipated that there will be significant revisions to the City’s Zoning Map or Urban Growth Area Boundaries and that any significant revisions to the City’s Development Regulations will occur in subsequent phases of the project. 1.10 Updated Phase 2 Work Program Based on feedback provided by the City, the Consultant will prepare and present for City review and approval an updated work program that identifies the priority comprehensive plan amendments to be addressed, proposed deliverables, updated timelines, and an updated budget estimate. 1.11 Draft Comprehensive Plan Amendments The Consultant shall, utilizing information and direction provided by the City, prepare draft revised goals and policies, and corresponding amendments to the City Comprehensive Plan in accordance with the recommended priorities. These proposed revisions will be presented at a City Management Team meeting for review and comment before presentation to the City Planning Commission. 1.12 Planning Commission Review and Authorization Upon authorization, the Consultant will present to the Planning Commission the proposed draft comprehensive plan amendments for review and comment. The amendments will be updated as appropriate, and upon authorization by the Planning Commission, will be prepared for public distribution. 1.13 Public Review and Comment In accordance with the provisions of the public participation strategy, the Consultant shall plan and facilitate a public meeting hosted by the Planning Commission to review and comment on the proposed draft goals and policies to 3  City of Liberty Lake, Washington Comprehensive Plan Update G. R. Dohrn and Associates Scope of Services December 19, 2014 receive requests or proposed amendments from the general public. An opportunity to submit written comments will also be provided. A written summary of the comments will be provided to all participants. 1.14 Revised Draft Comprehensive Plan Amendments Based on the comments received, the Consultant will prepare revised draft of amendments to the City Comprehensive Plan for review by City Staff and the Planning Commission. 1.15 Environmental Review The Consultant shall prepare for City review and distribution an environmental assessment of the proposed Comprehensive Plan amendments, and shall facilitate the issuance of a SEPA Threshold Determination. It is assumed that the proposed revisions will result in the issuance of a DNS, if this is not the case, additional resources may be required. 1.16 Local Adoption Staff Support The Consultant shall provide staff support to the Planning Commission and City Council in the review and approval of the proposed Comprehensive Plan amendments. It is anticipated that this will include the formulation of a recommendation from the Planning Commission and a public hearing before the City Council. 1.17 Project Management/Communications 1.18 Management Reserve/Contingency 1.19 Supplemental Services At the request of the City, G. R. Dohrn and Associates shall, based on the availability of funds, provide such additional services as may be desired to support the timely review and approval of proposed amendments to the Liberty Lake Comprehensive Plan. 4  City of Liberty Lake, Washington Comprehensive Plan Update G. R. Dohrn and Associates Scope of Services December 19, 2014 Task 2 City of Liberty Lake Municipal Code Revisions (Targeted for 2016) The Consultant shall, at the request and written authorization of the City and based on the availability of funds, perform the following tasks to revise and update the City’s Municipal Code: 2.1 Preliminary Analysis The Consultant shall review the current Liberty Lake Municipal Code to identify opportunities to revise the code to be consistent with the provisions of the updated comprehensive plan and the requirements of the Washington State Growth Management Act. 2.2 Facilitated Staff Review GRDA, in consultation with the City Administrator and City Planning and Building Services Manager, will plan and facilitate a city staff meeting to review the current Liberty Lake Municipal Code and to identify opportunities to revise the code in accordance with the provisions of the updated comprehensive plan and to improve the effective and efficient delivery of public services. 2.3 Draft Amendments In consultation with City Staff, the Consultant shall prepare draft revisions to the Liberty Lake Municipal Code. 2.4 Environmental Review The Consultant shall prepare an environmental assessment of the proposed amendments to the City’s Municipal Code, as appropriate, and shall facilitate the issuance of a SEPA Threshold Determination. It is assumed that the proposed revisions will result in the issuance of a DNS, if this is not the case, additional resources may be required. 2.5 Local Adoption Staff Support The Consultant shall provide staff support to the Planning Commission and City Council in the review and approval of proposed amendments to the City’s Municipal Code. 2.6 Project Management/Communications 2.7 Management Reserve/Contingency 5  City of Liberty Lake, Washington Comprehensive Plan Update G. R. Dohrn and Associates Scope of Services December 19, 2014 2.8 Supplemental Services At the request of the City, G. R. Dohrn and Associates shall, based on the availability of funds, provide such additional services as may be desired to support the timely review and approval of proposed amendments to the Liberty Lake Municipal Code. Task 3 On-Call Planning Services (To Be Determined) The Consultant may, at the request of the City and subject to the availability of funds, provide on a time and materials basis, such additional professional planning services as may be required by the City. This may include the preparation of a supplemental task order and/or contact amendment, and the establishment of a Scope of Services and Budget specific to the request. On-call services may include, but is not limited to: 3.1 Enhanced Public Participation; 3.2 Economic Development Services; 3.3 Preparation of Implementation Strategies; 3.4 Grant Writing; 3.5 Intergovernmental Coordination; 3.6 Facilitation of the Shared or Joint Delivery of Services; and/or 3.7 Development Review Support. 6  City of Liberty Lake, Washington Comprehensive Plan Update G. R. Dohrn and Associates Scope of Services December 19, 2014 PROJECT BUDGET G. R. Dohrn and Associates shall be reimbursed for time and materials for requested services, not to exceed $29,978 unless authorized by the City, subject to the following conditions: 1. Invoices shall be submitted by G. R. Dohrn and Associates on a regular basis in a mutually agreed upon format. a. Invoices shall highlight the services provided during the billing period, progress to date, planned activities, and emergent management issues. b. Invoices shall only include the time and the cost of supportive services and materials required to provide the requested services. c. All invoices shall be based on the 2013 GRDA rate schedule with student interns to be compensated at a rate not to exceed $15.15/hour. 2. It is understood that the Consultant may reallocate resources between sub-tasks in the approved project budget (Exhibit B) provided that the contract amount for the task is not exceeded. 3. G. R. Dohrn and Associates shall be responsible for travel related expenses associated with the performance of this Scope of Services and shall not invoice the City for any travel related expenses except for those incurred by students. 4. The City will handle all meeting logistics, public notices, printing, and publication expenses. 7  City of Liberty Lake, Washington Comprehensive Planning Project Budget Consulting Staff Dohrn G Task Principal Sr Planner Planner Admin Support Students Subtotal Total Task 1 Comprehensive Plan Amendments 186 0 0 0 250 $29,828 $29,828 1.1 Project Mobilization 8 200 $4,150 1.2 Mapping Services 4 50 $1,318 1.3 Preliminary Review 4 $560 1.4 Facilitated Staff Review 8 $1,120 1.5 Public Agency Review 8 $1,120 1.6 Kick-Off Meeting 8 $1,120 1.7 Community Meeting 12 $1,680 1.8 Targeted Stakeholder Meeting 8 $1,120 1.9 Recommended Priorities 8 $1,120 1.10 Updated Phase 2 Workprogram 2 $280 1.11 Draft Comprehensive Plan Amendments 56 $7,840 1.12 Planning Commission Review and Authorization 8 $1,120 1.13 Public Review and Comment 12 $1,680 1.14 Revised Draft Comprehensive Plan Amendments 8 $1,120 1.15 Environmental Review 4 $560 1.16 Local Adoption Staff Support 8 $1,120 1.17 Project Management and Communications 12 $1,680 1.18 Management Reserve/Contingency 8 $1,120 1.19 Supplemental Services 0 $0 Task 2 Municipal Code Revisions (Targeted for 2016) 0 0 0 0 0 0 $0 2.1 Preliminary Analysis $0 2.2 Facilitated Staff Review $0 2.3 Draft Amendments $0 2.4 Environmental Review $0 2.5 Local Adoption Staff Support $0 2.6 Project Management and Communications $0 2.7 Management Reserve/Contingency $0 2.8 Supplemental Services $0 Task 3 On-Call Planning Services (To Be Determined) 0 0 0 0 0 0 $0 Total hours 186 0 0 0 250 Subtotals $26,040 $0 $0 $0 $3,788 $29,828 Materials and Supportive Services $150 Contract Amount $29,978 The Consultant may shift resources between tasks to reflect actual levels of effort and efficiencies provided the total contract amount is not exceeded 1/2/2015 2:37 PM  AGENDA ITEM NO.: 10Biii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: Professional Services Agreement FOR THE AGENDA OF: January 6, 2015 DEPT. HEAD APPROVAL: DEPT. OF ORIGIN: Public Works EXHIBIT: Agreement EXPENDITURE REQUIRED: Yes BUDGETED: Yes SUMMARY STATEMENT The agreement before you is from SPVV Landscape Architects. They are an on call architect with Spokane County and have extensive experience with park facilities and park structures. The architect has proposed to provide us with conceptual drawings and estimates for the expansion of the Pavillion Park women’s restroom, additional storage and concession addition. If approved, the concept drawings and estimates will come back to Council on January 20, 2015. The fee for the services in the agreement is a not to exceed the amount of $5,000. RECOMMENDED ACTION Approve the Agreement so staff may bring concepts and budget pricing for potential improvements back to Council for the January 20, 2015 meeting. SPV V LANDSCAPE ARCHITECTS December 22, 2014 Mr. Andrew Staples, P.E. City Engineer City of Liberty Lake 22710 E. Country Vista Drive Liberty Lake, WA 99019 RE: Pavillion Park Restroom Study Dear Andrew: Thank you for the opportunity to prepare this proposal for study of a concession/storage/restroom expansion at Pavillion Park. I have visited the site and gathered some basic site information, and have prepared our proposal based on the use of those materials and other plans that may become available. Our scope of services (attached) lists in detail our understanding of the project and the responsibilities of each party to the contract. Please contact me at your earliest convenience if you have any questions or comments regarding our proposal. Sincerely, Thomas C. Sherry President SPVV Landscape Architects 1908 W. Northwest Boulevard, Suite A | Spokane, WA 99205 | P: 509.325.0511 | F: 509.325.0557 | www.spvv.com  AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT This Agreement, effective upon authorization by you, is between the Client; City of Liberty Lake and SPVV Landscape Architects for landscape architectural services for the study of the expansion of an existing restroom building at Pavillion Park. The expansion options may include the addition of a concession facility; storage; and expansion of the women’s restroom facility. Project Understanding: We understand that the scope of work for this project includes the review of the existing building, site plans, and information provided to us by the City of Liberty Lake, with the goal of producing graphics, narratives and costing for the potential expansion of the existing restroom building. It is our understanding that the restrooms are undersized for large events, and that there is need for on-site storage as well as volunteer- operated concession facilities. PART 1 - Landscape Architect's Basic and Additional Services Landscape Architect’s Basic Services Concept Design • Prepare design concepts on the expansion of the women’s restroom facilities, including the addition of new stalls, review of the existing structure, and determining the most efficient way to expand the building and roof form. We will also review air-exchange in the restrooms, with the goal of providing fresher air and reducing musty air in the restrooms. • Prepare design concepts for the addition of a volunteer-operated concession facility, including power, water, sewer, sinks and counter tops, but without permanent appliances or cooking facilities. Provisions would be made for volunteer-provided gas grilles and electrically operated appliances such as small refrigerators, warmers, etc. Lighting would be provided within the structure, and a means to secure the area as well, perhaps a roll-down ‘grille’ type screen. • Prepare design concepts for the addition of a storage room for use of lawn mowers, utility vehicles, etc., with roll-up doors, utility lighting and power for maintenance use. Summary Report and Deliverables • A summary report and graphics will be prepared, illustrating the concept design and probable costs of construction. Additional Services • Additional services are not expected at this time. Landscape Architect agrees to provide its professional services in accordance with generally accepted standards of its profession as mandated by the State of Washington. PART 2 - Client's Responsibilities • Client agrees to provide Landscape Architect with all information, surveys, reports, and professional recommendations and any other related items requested by Landscape Architect in order to provide its professional services. Landscape Architect may rely on the accuracy and completeness of these items, however, it is the responsibility of the Landscape Architect to inform the Client of discrepancies and deficiencies in the data if found to be incorrect. PART 3 - Estimated Schedule and Project Budget 1908 W. Northwest Boulevard, Suite A | Spokane, WA 99205 | P: 509.325.0511 | F: 509.325.0557 | www.spvv.com • Upon authorization, we will begin work on the project. It is our understanding that the work needs to be completed by mid January for a January 20th Council meeting, and that an earlier completion date is preferred if possible. PART 4 - Compensation and Payments • Client agrees to pay Landscape Architect as follows: - Basic Services: $5,000 Representing approximately 48 hours of labor. The work will be invoiced on an hourly basis not to exceed the fee stated above. Standard hourly rates: Principal $125.00 Landscape Architect $115.00 Landscape Designer $105.00 Irrigation Designer $95.00 Clerical $65.00 • Reimbursable Expenses are included in the above Fee schedule; are generally subject to a multiple of 1.1% and include, but are not limited to: reproduction, postage, and handling of documents. • Landscape Architect shall bill Client for Basic and Additional Services and Reimbursable Expenses once a month. PART 5 - Termination • Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. • If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. • Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client’s nonpayment. PART 6 - Dispute Resolution • Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to this Agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any demand for mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally. PART 7 - Use and Ownership of Landscape Architect’s Documents 1908 W. Northwest Boulevard, Suite A | Spokane, WA 99205 | P: 509.325.0511 | F: 509.325.0557 | www.spvv.com • Upon the parties signing this Agreement, Landscape Architect grants Client a nonexclusive license to use Landscape Architect’s documents as described in this Agreement, provided Client performs in accordance with the terms of this Agreement. No other license is implied or granted under this Agreement. All instruments of professional service prepared by Landscape Architect, including but not limited to, drawings and specifications, are the property of Landscape Architect. These documents shall not be reused on other projects without Landscape Architect's written permission. Landscape Architect retains all rights, including copyrights, in its documents. Client or others cannot use Landscape Architect's documents to complete the design of this Project with others unless Landscape Architect is found to have materially breached this Agreement. PART 8 - Miscellaneous Provisions • This Agreement is governed by the law of Landscape Architect’s principal place of business. • This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. • In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. • Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the other. • Irrespective of any other term in this Agreement, Landscape Architect shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures; or for construction safety or any other related programs; or for another parties’ errors or omissions or for another parties’ failure to complete their work or services in accordance with Landscape Architect’s documents. • Client agrees to indemnify, defend and hold Landscape Architect harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the Project and/or this Agreement, except that the Landscape Architect shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by Landscape Architect's negligent errors or omissions. • Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, "prevailing party" shall include a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. • Client and Landscape Architect waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement. Landscape Architect’s waiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequential damages against Landscape Architect for claims, disputes or other matters in question arising out of or relating to the Project that are not related to the Scope of Work for this Project. 1908 W. Northwest Boulevard, Suite A | Spokane, WA 99205 | P: 509.325.0511 | F: 509.325.0557 | www.spvv.com  • To the extent damages are covered by property insurance during construction, Client and Landscape Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. Client or Landscape Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph. • Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. • If this Agreement is not signed and returned to Landscape Architect within 60 days, the offer to perform the described services may, in Landscape Architect’s sole discretion, be withdrawn and be null and void. Thomas C. Sherry, RLA, ASLA, CLARB, CSI Client Name, Firm President Title 12/22/2014 Date WA LA-489 ID LA-16717 CLARB 6499 1908 W. Northwest Boulevard, Suite A | Spokane, WA 99205 | P: 509.325.0511 | F: 509.325.0557 | www.spvv.com RESOLUTION  RESOLUTION NO. 15-194 CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON A RESOLUTION OF THE CITY OF LIBERTY LAKE, WASHINGTON ENDORSING THE CENTRAL VALLEY SCHOOL DISTRICT BOND PROPOSAL AND ENCOURAGING THE VOTERS TO VOTE ON FEBRUARY 10, 2015. WHEREAS, the Liberty Lake City Council recognizes that excellent schools contribute to the quality of life in the community; and WHEREAS, the Central Valley School Board has identified certain capital improvements that are necessary to provide continued quality instruction to the students of the School District, including renovations to Evergreen Middle School and Chester, Greenacres, Opportunity, Ponderosa, and Sunrise Elementary Schools; acquiring land for the future renovation of North Pines Middle School and to acquire and renovate a facility to relocate ELC and Barker High School; and WHEREAS, the Central Valley School Board has voted to place a bond proposal on the ballot during a Special Election scheduled for February 10, 2015, for these necessary improvements and renovations; and WHEREAS, the Liberty Lake City Council, after considering the proposed bond proposal, finds it to be in the best interests of the citizens of the City of Liberty Lake and to provide necessary capital improvements in a responsible fashion to enhance the education of students within the School District. THEREFORE, THE CITY COUNCIL OF THE CITY OF LIBERTY LAKE, WASHINGTON, DOES RESOLVE AS FOLLOWS: 1. The City Council of the City of Liberty Lake hereby endorses the bond measure proposed by the Central Valley School District Board and the Central Valley School District for the renovations of certain schools within the District, including the acquisition of land as necessary, as being in the best interests of the citizens of the Central Valley School District; and 2. The City Council of Liberty Lake encourages all citizens to vote in the upcoming Special Election scheduled for February 10, 2015. Passed by the City Council this 6th day of January, 2015. Steve Peterson, Mayor City of Liberty Lake ATTEST: City Clerk, Ann Swenson APPROVED AS TO FORM: City Attorney, Sean P. Boutz Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of January 2, 2015 Please note: This is a work in progress; items are tentative January 20, 2015 DUE Wed, January 14 1. PRESENTATION – Mary Gilmore, Regional Membership Coordinator, Northwest Med Star Membership Program 2. WORKSHOP DISCUSSIONS: – Studio Cascade, Inc. – Sign Code Alternatives – Pavillion Park Concession Stand – Presentation of Options – Suggested changes to Ordinance 119A, establishing the Liberty Lake Public Library 3. Consent Agenda (minutes, vouchers) 4. General Business i. Appoint City Council Standing Committee Members 5. FIRST READ ORDINANCE – Implementing additional buffer zones for prohibiting processing, producing, and retailing of marijuana and marijuana-infused products within the City of Liberty Lake February 3, 2015 DUE Wed, January 28 1. WORKSHOP DISCUSSION – Trailhead Facility Improvements – survey results; discuss options (result of 8/16/14 retreat) 2. Consent Agenda (minutes, vouchers) 3. SECOND READ ORDINANCE – Implementing additional buffer zones for prohibiting processing, producing, and retailing of marijuana and marijuana-infused products within the City of Liberty Lake February 17, 2015 DUE Wed, February 11 1. WORKSHOP DISCUSSIONS: – Rocky Hill Master Park Plan Presentation – River District TIF / LIFT 2. Consent Agenda (minutes, vouchers) March 3, 2015 DUE Wed, February 25 1. WORKSHOP DISCUSSION – Vehicle Rotation Schedule for non-public safety vehicles 2. Consent Agenda (minutes, vouchers) March 17, 2015 DUE Wed, March 11 1. Consent Agenda (minutes, vouchers) April 7, 2015 - CONSIDER CANCELLING DUE TO SPRING BREAK - DUE Wed, April 1 1. Consent Agenda (minutes, vouchers) April 21, 2015 DUE Wed, April 15 1. PRESENTATION: Overview of Parks & Recreation’s programming/activities – Michelle Griffin / Jennifer Camp 2. Consent Agenda (minutes, vouchers) May 5, 2015 DUE Wed, April 29 1. WORKSHOP DISCUSSIONS: a. Transportation Improvement Program 2016-2021 b. Liberty Lake Police Department Annual Report 2. Consent Agenda (minutes, vouchers) May 14, 2015 DUE – N /A 1. Open House – 5:00 p.m. – 6:30 p.m. May 19, 2015 DUE Wed, May 13 1. Consent Agenda (minutes, vouchers) June 2, 2015 DUE Wed, May 27 1. Consent Agenda (minutes, vouchers) 2. PUBLIC HEARING – 2016-2021 Transportation Improvement Plan 3. Resolution – Authorizing and adopting a six (6) year Transportation Improvement Program for 2016-2021 June 16, 2015 DUE Wed, June 10 1. Consent Agenda (minutes, vouchers) July 7, 2015 DUE Wed, July 1 1. Consent Agenda (minutes, vouchers) July 21, 2015 DUE Wed, July 15 1. Consent Agenda (minutes, vouchers) 2. Second Quarter Report / Budget / Forecast– RJ Stevenson 3. PUBLIC HEARING – 2016 City Budget August 4, 2015 DUE Wed, July 29 1. Consent Agenda (minutes, vouchers) August 18, 2015 DUE Wed, Aug 12 COUNCIL RETREAT September 1, 2015 DUE Wed, Aug 26 1. WORKSHOP – Development Code Amendments 2. 2016 Budget Update 3. Consent Agenda (minutes, vouchers) 4. RESOLUTION – Adopting the Liberty Lake City Council’s 2016 Priorities September 15, 2015 DUE Wed, September 9 1. Consent Agenda (minutes, vouchers) 2. PUBLIC HEARING – City of Liberty Lake 2015 Development Code & RDSAP 3. FIRST READ ORDINANCE – Amending the City Development Code and RDSAP October 6, 2015 DUE Wed, September 30 1. WORKSHOP – Utility Tax Options 2. Consent Agenda (minutes, vouchers) 3. SECOND READ ORDINANCE – Amending the City Development Code and RDSAP October 20, 2015 DUE Wed, October 14 1. WORKSHOPS: a. Mayor Peterson’s proposed 2016 budget b. Proposed 2016 Budget – Update on Council Priorities 2. Consent Agenda (minutes, vouchers) November 3, 2015 DUE Wed, October 28 1. WORKSHOP – Property Taxes 2. PUBLIC HEARING –2016 Proposed City Budget 3. Consent Agenda (minutes, vouchers) November 17, 2015 DUE Tues, November 10 1. PUBLIC HEARING –2016 Proposed City Budget 2. Consent Agenda (minutes, vouchers) 3. RESOLUTIONS a. Levying the regular property taxes for the City of Liberty Lake b. 12-164C – amending the public improvement list for LIFT December 1, 2015 DUE Tues, November 24 1. Consent Agenda (minutes, vouchers) 2. FIRST READ ORDINANCE – Adopting 2016 Budget December 15, 2015 DUE Wed, December 9 1. Consent Agenda (minutes, vouchers) 2. Employee Recognition Awards 3. SECOND READ ORDINANCE – Adopting the 2016 Budget ************* TENTATIVE ITEMS:  WiFi contract with Ptera  Award Contract for Restroom/Storage Facility @ LL Ball Fields  Jeff Brown Contract Renewal (Epicenter Services)