City Council

CITY COUNCIL MEETING TUESDAY, JANUARY 3, 2017 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:00 P.M. REVISED 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. CITIZEN COMMENTS 7. PRESENTATION Eagle Scout Project Tyler Wright 8. MAYOR AND CITY COUNCIL COMMITTEE REPORTS  Finance Committee  Mayor Peterson’s 2017 Priorities 9. CITY ADMINISTRATOR REPORT 10. ACTION ITEMS A. Consent Agenda i. Approve December 18, and December 20, 2016 City Council Minutes ii. Approve December 31 2016 vouchers in the amount of $572,135.43 B. General Business i. Grant utility easement to Central Valley School District ii. Approve the Electric Vehicle Supply Equipment Site Agreement with Avista, and authorize Mayor Peterson to enter into the Agreement iii. Confirm Mayor Peterson’s appointment of Mindy Howe to the Liberty Lake Municipal Library Board of Trustees iv. Approve the quotation Q-54039-2 with TASER International for the five-year contract term as outlined in the quote v. Appoint City Council Standing Committee Members and Alternates 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. 17-223 – Establishing the Liberty Lake City Council’s Priorities for the Year 2017 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  Finance Committee Meeting Agenda – City Hall Conference Room January 3, 2017 6:00 PM to 7:00 PM I. 2017 Budget a. Updated and online II. 2014-2015 Audit Report a. Link on our website III. 2016 Financial Report a. December Preliminary Dashboard b. Accounts Payable for 2016 open until mid January c. LIFT Match for 2016 IV. Voucher Review ACTION ITEMS  City of Liberty Lake Consent Agenda for January 3, 2017 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through December 31, 2016 Payee Description Amount See attached voucher report. Total vouchers through December 31, 2016 $ 69,111.15 27‐Dec‐16 Spokane County Auditor Check No. 23598 $ 503,024.28 TOTAL $572,135.43 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: Central Valley School District FOR THE AGENDA OF: January 3, 2017 Utility Easement DEPT. HEAD APPROVAL: DEPT. OF ORIGIN: Public Works EXHIBIT: Signed Utility Easement for Central Valley School District on City Park Property EXPENDITURE REQUIRED: None BUDGETED: None SUMMARY STATEMENT Central Valley School District (CVSD) requires a utility easement for the new elementary school located on Country Vista Drive. The easement exhibit attached grants a utility easement to CVSD from the City of Liberty Lake. The easement does not expire and is not anticipated to have any negative impact on the City’s ability to use City property. RECOMMENDED ACTION 1. Grant the utility easement to CVSD After Recording Return Address: Attn: Sean Boutz Evans, Craven & Lackie, PS 818 Riverside Ave Ste 250 Spokane, WA 99372 UTILITY EASEMENT GRANTOR: CITY OF LIBERTY LAKE, a Washington state municipal corporation GRANTEE: CENTRAL VALLEY SCHOOL DISTRICT NO. 356, a Washington state municipal corporation LEGAL DESCRIPTION OF GRANTOR’S PROPERTY (BURDENED PROPERTY): Complete legal description on Exhibit A, Assessor’s Parcel No. 55142.9066 LEGAL DESCRIPTION OF UTILITY EASEMENT: Complete legal description on Exhibit B LEGAL DESCRIPTION OF GRANTEE’S PROPERTY (BENEFITED PROPERTY): Complete legal description on Exhibit C, Assessor’s Parcel No. 55142.9065  This Utility Easement is made and executed this ____ day of _________, 2016 by CITY OF LIBERTY LAKE, a Washington state municipal corporation, “Grantor”, and CENTRAL VALLEY SCHOOL DISTRICT NO. 356, a Washington state municipal corporation, “Grantee”, hereinafter jointly referred to as “parties”. WHEREAS, the Grantor is the owner of the real property described on Exhibit A attached hereto; WHEREAS, the Grantee is the owner of real property described on Exhibit C attached hereto; and WHEREAS, the Grantee has requested that Grantor grant a utility easement to Grantee. NOW THEREFORE, the parties agree as follows: 1. The Grantor, for and in consideration of the recitals, mutual benefits, the covenants and terms herein, and other good and valuable consideration, hereby conveys and grants to the Grantee, a perpetual easement for utility purposes on, over under, through, across, and upon the real property described in Exhibit A, and generally described in Exhibit B, both exhibits attached hereto and made a part hereof. 2. The Grantee shall have the right, at its cost and expense, to enter the easement area for the purpose of installation, maintenance, repair, removal and replacement of utilities as Grantee deems necessary. 3. The covenants, terms, conditions and provisions herein shall extend to and be binding upon the successors and assigns of the parties hereto. 4. Each individual executing this instrument represents and warrants that they are duly authorized to execute and deliver this instrument on behalf of said party and that this instrument is binding upon said party in accordance with is terms. DATED this _____ day of __________, 20___. GRANTOR: CITY OF LIBERTY LAKE By: _______________________________ Steve Peterson, Mayor GRANTEEE: CENTRAL VALLEY SCHOOL DISTRICT NO. 356 By: ________________________________ Ben Small, Superintendent DATED this ____ day of ____________, 2016. CITY OF LIBERTY LAKE _____________________________________ _________________________ (Print name) _________________________ (Title) Subscribed and sworn to before me this ____ day of ________, 2016. __________________________________________ Print name_________________________________ Notary Public in and for the state of Washington Residing at _________________________________ My commission expires: ______________________ DATED this ____ day of ____________, 2016. CENTRAL VALLEY SCHOOL DISTRICT NO. 356 _____________________________________ _________________________ (Print name) _________________________ (Title) Subscribed and sworn to before me this ____ day of _____________, 2016. __________________________________________ Print name_________________________________ Notary Public in and for the state of Washington Residing at _________________________________ My commission expires: ______________________ Exhibit B  AGENDA ITEM NO.: 10Bii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: Charging Station Agreement with Avista FOR THE AGENDA OF: January 3, 2017 DEPT. HEAD APPROVAL: DEPT. OF ORIGIN: Public Works EXHIBIT: EVSE Agreement and Exhibit A, Install Estimate EXPENDITURE REQUIRED: Yes BUDGETED: Yes SUMMARY STATEMENT Avista has proposed a partnership with the City of Liberty Lake to install a vehicle charging station at the parking area of Town Square along Meadowwood Lane. Avista will maintain the charging station itself and the City is responsible for the grounds surrounding the charger since it is in our park. The install cost is a partnership between Avista and the City. The City’s contribution towards the install is $1,730. The total install cost is approximately $4,940.00. The City is being reimbursed, so we will incur the total cost of the install prior to being reimbursed. The charger is a two port, level two unit. The City will have Avista set up the charger so the City is reimbursed for the power consumed by the charging station. The cost for the charging station power is passed on the person charging their car. RECOMMENDED ACTION 1. Authorize the Mayor to execute the agreement for the charging station and contribute funds towards the installation in the amount of $4,941, recognizing that Avista will reimburse the City $3,212 bringing the City’s net contribution to $1,729.  ELECTRIC VEHICLE SUPPLY EQUIPMENT SITE AGREEMENT [SITES OTHER THAN SINGLE-FAMILY RESIDENTIAL] Avista Contract R-41282 This Electric Vehicle Supply Equipment Site Agreement (“Agreement”) is entered into this ________ day of December, 2016 (“Effective Date”) between Avista Corporation, and the City of Liberty Lake, Washington, a municipal corporation (hereinafter referred to as “Host”), sometimes, individually a “Party” and collectively, the “Parties”). WHEREAS, Avista is involved in a pilot program to offer its customers installation and maintenance of Electric Vehicle Supply Equipment (“EVSE”) locations in designated locations throughout Avista’s regulated service territory (“Program”); and WHEREAS, Avista and Host agree to work together to establish EVSE locations on Host’s property described in Exhibit A to this Agreement, pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises, conditions and agreements set forth herein, Avista and Host agree as follows: SECTION 1. DEFINITIONS 1.1 “Electric Vehicle” means a vehicle that uses at least one method of propulsion that is capable of being reenergized by an external source of electricity, is designed to have the capability to drive at a speed of more than 35 miles per hour, and is licensed to drive on state and federal highways. 1.2 “Electric Vehicle Supply Equipment” means the installed device used to deliver electricity from the Premises Wiring to the electric vehicle, meeting Standard J1772 of the Society of Automotive Engineers International and listed under applicable UL Standards and requirements or equivalent listing by a nationally recognized testing laboratory. This device includes the ungrounded, grounded, and equipment grounding conductors, the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets or apparatuses associated with the installed device, but does not include Premises Wiring. 1.3 “Premises Wiring” means a dedicated 208/240VAC, 40 ampere or lower circuit that supplies electricity directly to the installed Electric Vehicle Supply Equipment. This includes the protective breaker at the supply panel, wiring, final junction box, receptacle and all attachments and connections. The Host retains ownership and is wholly responsible for the Premises Wiring, including that it meets all industry workmanship standards and applicable requirements in the National Electric Code, Washington Administrative Code, and local municipal codes. SECTION 2. EVSE INSTALLATION, MAINTENANCE AND TITLE 2.1 Avista, through its network of authorized third party independent contractors and at its expense, shall provide, install, maintain, repair or replace (collectively the “Work”) the EVSE on property owned by Host (the “Site”) depicted on the attached ‘Exhibit A” incorporated by this reference into this Agreement. The EVSE shall include a vehicle charging station and associated cords, electrical lines, wires, conduit, cables and equipment. Avista shall provide electric utility services to Host, and Host shall pay for such service consistent with the applicable electric utility tariff in force and effect. Avista, in Avista’s sole discretion, shall have the right to repair, modify or replace the EVSE at any time during the Term of this Agreement. 2.2 Upon completion of installation and at all times during the Term of this Agreement, ownership of and title to the EVSE shall remain with Avista. Host shall ensure that any EVSE shall not be subject to any lien, security interest or other claim asserted by any creditor of Host, and any sale of the Site by Host shall not include the EVSE. 2.3 Host may utilize EVSE’s solely for its own purposes, or may offer the EVSE to the general public. In the event Host offers the EVSE to the general public, Section 11.1 will apply. 2.4 Avista shall supply cellular service for the operation of the EVSE under this Agreement at no additional charge to Host. 1 Avista Contract R-41282 SECTION 3. HOST’S EVSE OBLIGATIONS Throughout the Term of this Agreement: 3.1 Host shall grant to Avista such access to the Site and sufficient space for locating the EVSE at the Site as may be deemed necessary or desirable by Avista for the Work. In the event Host desires to offer the EVSE to the general public, Host must ensure that the Site is zoned to allow the EVSE’s availability to the general public. If the Work requires any improvements to the Site that exceed Avista’s pre-determined maximum Site costs, Avista will notify Host prior to performing such improvements and Host will have the discretion whether to proceed. Host shall be responsible for such improvement at Host’s sole expenses. 3.2 Until the EVSE (in Avista’s sole discretion) is deemed non-functional, Host hereby consents to and shall permit both Avista and any underlying EVSE manufacturer, vendor or subcontractor to the underlying manufacturer or vendor to access, collect and share with their respective parent, affiliates, subsidiaries and third parties all data from the EVSE with respect to vehicle charging activity, vehicle usage and technical performance (the “Data”) of the vehicle and EVSE. Avista shall comply with all federal, state, and local laws, as applicable, in the access, collection, and sharing of the Data. In the event the EVSE fails to operate or otherwise requires repair, Host shall promptly notify Avista. 3.3 Host must notify Avista of any changes to user fees or access restrictions to the EVSE. 3.4 Host, Avista and its authorized EVSE manufacturer, vendors, and subcontractors shall comply with all applicable rules and regulations of federal, state or city regulatory agencies relating to the Work and operation of the EVSE, including environmental requirements associated therewith. 3.5 With respect to any marketing efforts including logos, stickers, decals or signage made a part of the EVSE Host agrees to submit any such marketing effort and required signage for review and approval by Avista. 3.6 Host shall maintain the area surrounding the EVSE and will promptly notify Avista of any problems related to the EVSE that Host becomes aware of. Such maintenance includes, but is not limited to, pavement maintenance, pruning of vegetation, snow removal services and the repair or replacement of security lighting. For avoidance of doubt, Host is not responsible for the ongoing maintenance of the EVSE, itself. 3.7 Host agrees to remedy minor issues that do not require qualified technicians to address, such as resetting infrequently tripped circuit breakers. 3.8 Host agrees to participate in surveys and provide feedback about the Program as well as cooperate with Avista in fulfilling Avista’s reporting requirements to any federal, state or local regulatory or governing entities. Such cooperation may include, but not be limited to, periodic inspection of the EVSE and the addition of monitoring hardware or software at Avista’s expense. If Host or Avista fails to meet any of its obligations under this Agreement, Avista may remove the EVSE. SECTION 4. TERM 4.1 This Agreement shall be effective as of the date of execution by both Parties. The term shall commence on the date the state and local inspectors deem the installation of the EVSE and Premises Wiring satisfactory and in accordance with all codes. The Agreement shall continue for ten (10) years (the “Term”) unless sooner terminated or extended by written agreement between the Parties. 4.2 At the end of the Term Avista will work with the Host on: (i) potentially replacing or upgrading the EVSE and signing a new EVSE Site Agreement, (ii) removing the EVSE, or (iii) allowing the Host the right to purchase the EVSE from Avista. SECTION 5. TERMINATION 5.1 If Host requests termination of the Agreement prior to the expiration of the Term for convenience, then following notification from Host to Avista advising Avista of Host’s intent to terminate, Avista or an Avista third party independent contractor shall remove and take possession of the EVSE within sixty (60) days of Host’s notification at no cost to Host, and this Agreement shall be terminated upon such removal. Avista or its authorized third party independent contractor’s removal and possession of the EVSE shall not include any removal or possession of Premises Wiring. All such ancillary hardware will be disconnected by Avista or its authorized third party independent contractor and left in place at the Site. 2 Avista Contract R-41282 5.2 If, due to a physical relocation of the Site within Avista’s regulated service territory, Host requests to relocate the EVSE (but not to terminate the Agreement before the end of the Term), then following at least a sixty (60) days’ notification from Host to Avista advising Avista of Host’s relocation request, Host shall thereafter exclusively utilize Avista’s third party independent contractor to install an EVSE at the new location at Host’s sole expense. Any removal and/or relocation of the EVSE at the original site shall be determined solely by Avista, utilizing Avista’s third party independent contractor. In both cases, this Agreement shall remain in effect for the remainder of the Term. Host acknowledges that failure to utilize Avista’s third party independent contractor for EVSE installations or relocations under this Section 5.2 may result in voiding any EVSE warranty and/or maintenance support that may transfer to Host at the end of the Term. 5.3 Avista, in its sole discretion, may terminate the Agreement prior to the end of the Term, in which case Avista will provide Host with sixty (60) days’ prior written notice and the option to (i) purchase the EVSE pursuant to Section 6 below, or (ii) have the EVSE removed at no cost to the Host within sixty (60) days of termination. SECTION 6. TAXES ON SALE OF EVSE If Avista opts to sell the EVSE to Host at the then current EVSE fair market value and Host agrees to purchase the EVSE, then Avista will deliver to Host a Bill of Sale for the current EVSE fair market value. Host further agrees that in accordance with federal and state laws in effect at the time of the sale of the EVSE from Avista to Host, that: (i) Host shall be responsible for and shall pay transfer taxes related to the fair market value of the EVSE as stated on the Bill of Sale; (ii) Avista may thereafter invoice and collect sales tax from Host on the fair market value of the sale; and (iii) Host agrees to complete a Form W-9, “Request for Taxpayer Identification Number and Certification” in the event of such sale. SECTION 7. TITLE TO EQUIPMENT AND DATA At all times under this Agreement, Avista shall own and maintain title to the EVSE. The Host shall not make any alterations, changes or modifications to the EVSE without first securing prior written permission from Avista and/or any applicable underlying manufacturer. All rights, title and interest in the EVSE Data and related information collected from the EVSE shall also immediately vest in Avista. Avista shall therefore have the right to use, copy, distribute and create derivative works from such Data and information as necessary and helpful to evaluate electric vehicles and electric vehicle support equipment and for any other Avista business purpose. To the extent applicable, Avista shall indemnify and hold harmless the Host from any and all claims whatsoever for the use and distribution of said Data. SECTION 8. INSURANCE COVERAGE. 8.1 Host and Avista shall provide and maintain in full force and effect at no additional cost to either Party for the duration of the Agreement: i) Commercial general liability insurance or comprehensive general liability insurance with a minimum limit of $2,000,000 per occurrence for bodily injury and damage to property including contractual liability, premises/operations, products/completed operations, independent contractors, broad form property damage, and personal injury coverage and a minimum aggregate amount of $4,000,000 or commercial/comprehensive general liability insurance plus additional excess umbrella liability insurance to meet these limits; and ii) Workers’ compensation insurance as specified by state law in each state where the EVSE is located. 8.2 All such coverages shall be primary. The Parties agree that they shall add the other Party, their officers, employees, agents, volunteers, and shareholders and all of Avista’s parent, subsidiary, and affiliate companies to the other Party’s liability insurance policies as additional insureds. The Parties shall require their insurance carriers or agents to certify that this requirement has been satisfied on all Insurance Certificates issued under this Agreement. 8.3 The Parties waive and shall require their insurers providing the coverages specified above (excluding professional liability coverage, if required) to waive all rights of recovery against the other Party, their officers, employees, agents, and shareholders and all parent, subsidiary, and affiliate companies. Parties shall require their insurance carrier or agent to certify that this requirement has been satisfied on all Insurance Certificates issued under this Agreement. 3 Avista Contract R-41282 8.4 Before any Work is initiated under this Agreement, the Parties shall provide written proof of compliance with the above insurance requirements and a copy of certificate of insurance completed by their insurance carrier or agent certifying that minimum insurance coverages, as required above, are in effect and that the coverage will not be canceled or changed until thirty (30) days after written notice is given by either Party, provided however that the above can be met through a combination of insurance policies and self-insurance. The Parties shall maintain, update, and renew the Certificate for the duration of the Agreement. In the event an acceptable Certificate of Insurance becomes outdated, the Parties may elect to suspend Work or take other appropriate action until an acceptable and properly dated Certificate is received by the other Party. SECTION 9. INDEMNIFICATION 9.1 To the maximum extent permitted by applicable law, Host or Avista shall indemnify and defend the other Party, including the Host and Avista’s officers, employees, agents, and Avista’s parent, subsidiary and affiliate companies from and against all repairs, liability, loss, costs, claims, damages, expenses, judgments and awards, whether or not covered by the other Party’s insurance, arising or claimed to have arisen wholly or in part from either Avista or the Host or their respective agents’ acts or omissions or negligence at or arising from the Site which resulted in:  Injury to (including mental or emotional) or death of any person, including employees of Host or Avista (including Avista’s parent, subsidiary and affiliate companies) and including any Host or Avista agents or authorized, independent contractors; provided any indemnification obligations under this Section shall include assuming liability for actions brought by Avista or the Host’s employees and the employees of Avista or the Host’s agents, representatives, contractors, and subcontractors, as applicable, even though the Parties may be immune under Title 51 RCW from direct suit brought by such employees. It is expressly agreed and understood that this assumption of liability for actions brought by the aforementioned employees is limited solely to claims against Avista or the Host, as applicable, arising by virtue of the respective Party’s exercise of the rights set forth in this Agreement;  Damage to or destruction of any property (real, personal, tangible or intangible) including without limitation real or personal property of any third party, the EVSE and any associated EVSE hardware (including but not limited to any cords, wires, cables, equipment, electrical lines, conduit or other ancillary hardware associated with the EVSE), property of the Host or Avista (including Avista’s parent, subsidiary and affiliate companies), the Host’s or Avista’s employees and the Host’s or Avista’s authorized, independent contractors; or  Any allegation or violation of any third party intellectual property right, including but not limited to violations of patents, copyrights, trademarks or trade secrets; or  Any violation of applicable federal, state and local laws (and the rules and regulations of any lawful regulatory body acting thereunder in connection with the Work). 9.2 Indemnification shall include all costs including attorney's fees reasonably incurred in pursuing indemnity claims under or enforcement of this Agreement. SECTION 10. WARRANTY 10.1 AVISTA WARRANTS THAT EVSE WORK PERFORMED BY AVISTA’S NETWORK OF AUTHORIZED THIRD PARTY INDEPENDENT CONTRACTORS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP DURING THE TERM OF THE AGREEMENT. IN THE EVENT THAT ANY EVSE WORK PERFORMED IS FOUND TO BE DEFECTIVE IN EITHER MATERIALS OR WORKMANSHIP, AVISTA SHALL REPAIR OR REPLACE SUCH DEFECTIVE EVSE OR WORK. THE REPAIR OR REPLACEMENT OF SUCH DEFECTIVE WORK IS HOST’S SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY FOR ANY FAILURE OF AVISTA TO COMPLY WITH AVISTA’S WARRANTY OBLIGATIONS, AND AVISTA EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESSED OR IMPLIED. FOR AVOIDANCE OF DOUBT, REPAIR OR REPLACEMENT OF NON-CONFORMITIES IN THE MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE AVISTA'S SOLE LIABILITY AND HOST’S EXCLUSIVE REMEDY FOR FAILURE OF AVISTA TO 4 Avista Contract R-41282  MEET AVISTA’S WARRANTY OBLIGATIONS, WHETHER ANY CLAIMS OF HOST ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. 10.2 AT THE END OF THE TERM OF THIS AGREEMENT AND SHOULD HOST OPT TO PURCHASE THE EVSE FROM AVISTA, THEN FOR ALL EVSE DEVICES (INCLUDING ALL ASSOCIATED EVSE CORDS AND INTERNAL WIRING), THE SALE WILL BE AS-IS WITH NO WARRANTIES AND HOST ASSUMES SOLE RISK AND RESPONSIBILITY FOR ANY REMAINING WARRANTY ACTION (IF ANY). SECTION 11. MISCELLANEOUS PROVISIONS 11.1 Compliance with Laws. Performance under this Agreement is subject to all valid laws and regulations of courts or regulatory bodies having jurisdiction, including compliance with the Americans With Disabilities Act, as amended, if Host is offering the EVSE to the general public. 11.2 Assignment. This Agreement shall not be assigned except with the prior written consent of the Parties. The terms and conditions of this Agreement shall bind any permitted successors and assigns of the Parties. 11.3 Status of Parties. This Agreement shall not be construed as creating a partnership, joint venture, agency relationship, franchise or association, nor shall this Agreement render Avista and Host liable as partners, co-venturers or principals. It is agreed that nothing shall operate to change or alter such relationship, except a further agreement in writing between them. 11.4 Severability. If any term or provision of this Agreement is held illegal or unenforceable by a court with jurisdiction over the Agreement, all other terms in this Agreement will remain in full force and the illegal or unenforceable provision shall be deemed struck. In the event that the stricken provision materially affects the rights, obligations or duties of either Party, Avista and Host shall substitute a provision by mutual agreement that preserves the original intent of the Parties as closely as possible under applicable law. 11.5 Governing Law. This Agreement shall be governed by the laws of the State of Washington. Avista and Host expressly waive their rights to a trial by jury in any action brought hereunder. 11.6 Dispute Resolution. If any dispute arises between the Parties regarding issues of interpretation of the Agreement or the services performed pursuant to the Agreement, Host may call the Avista Representative identified in Section 12 below during business hours Monday-Friday 8 a.m. to 5 p.m. If further follow-up is required, Host shall provide Avista with written notice explaining the dispute and associated documentation. Avista will consider all disputes and respond within fifteen (15) days of receiving notice of a dispute. In the event Host is dissatisfied with the resolution of the dispute, Host has the right to file an informal or formal complaint with the Commission by contacting the Consumer Protection section of the Washington Utilities and Transportation Commission at 1-888-333-9882 or complete an online complaint form at www.utc.wa.gov. Avista will take no other action to enforce this Agreement until any complaint filed with the Commission is resolved. 11.7 Public Communication. Host agrees to cooperate with Avista in maintaining good community relations. Avista and/or Host may issue all public statements, press releases, and similar publicity concerning the EVSE and the Work (including its progress, completion and characteristics), provided that both Parties agree in advance to the messaging points in such publicity. 11.8 Non-waiver. Avista’s failure to insist on performance of any of the terms and conditions herein or to exercise any right or privilege or Avista's waiver of any breach hereunder shall not thereafter waive any of Avista rights or privileges under this Agreement or at law. Any waiver of any specific breach shall be effective only if given expressly by Avista in writing. 11.9 Merger. This Agreement embodies the entire agreement between Avista and Host. The Parties shall not be bound by or liable for any statement, writing, representation, promise, inducement or understanding not set forth above. No changes, modifications or amendments of any terms and conditions of this Agreement are valid or binding unless agreed to by the Parties in writing and signed by their authorized agents. 11.10 Privacy Law. Host further acknowledges and agrees that Host is knowingly consenting to and authorizing Avista to release and share Host’s customer information, including name, address and telephone number, charging data, and any technical configuration or electrical usage patterns concerning the Work with 5 Avista Contract R-41282  Avista’s authorized third party independent contractors, in order for the authorized third party independent contractors to provide the EVSE to Host. 11.11 Survival. The following sections shall survive the expiration or termination of this Agreement: Section 7 (Title to Equipment and Data); Section 8 (Insurance Coverage); Section 9 (Indemnification); Section 9 (Indemnification); Section 10 (Warranty); Section 11.1 (Compliance with Laws); and Section 11.10 (Privacy Law). SECTION 12. NOTICES Any written notices required or permitted to be given by one Party to the other under this Agreement or by law shall be sufficiently given if delivered in person or sent by certified mail to the following address: Avista Corporation Host Attn: Rendall Farley Name: Katy Allen, or successor 1411 East Mission Avenue, Title: City Administrator MSC-15 Address: 22710 E. Country Vista Drive Spokane, Washington 99220 Liberty Lake, WA 99019 Rendall.farley@avistacorp.com Email: kallen@libertylakewa.gov 509-495-2823 Phone:509-755-6700 Either Party may change the above contact information by providing written notice of such change. IN WITNESS WHEREOF, the Parties execute this Agreement by their signature or the signature of their authorized agents, as of the date first above written. City of Liberty Lake, Washington Avista Corporation BY: BY: NAME (printed): Steve Peterson NAME: TITLE: Mayor, City of Liberty Lake TITLE: DATE: DATE: Should the person's title who is executing this document not indicate that he/she is a corporate officer, an affidavit signed by a corporate officer shall be provided stating that the person whose name appears above is duly authorized to execute Contracts on behalf of the firm. 6 Avista Contract R-41282  CHARGING STATION LOCATION EXHIBIT A  Invoice #: ______________________ Avista EVSE Pilot PUBLIC Installation Type Installation Form & Invoice Installation Date Installation Contractor completes form, provides copy to customer and emails to electrictransportation@avistacorp.com with digital pictures of before and after installation Customer & Location Information CITY OF LIBERTY LAKE Name of Location TOWN SQUARE PARK Full Location Address x Avista Account # LIBERTY LAKE City 99019 Zip Andrew Staples Site Contact Name (Last, First) 509‐755‐6370 Phone # astaples@libertylakewa.gov Email 22710 E COUNTRY VISTA DR, LIBERTY L Mailing Address, City & Zip (if different from above) Installer Information COLVICO Installer/Technical Contact (509) 252‐5843 Phone TERRY@COLVICOINC.COM Email EVSE #1 EVSE #2 BTC Manufacturer DUAL PORT PEDESTAL Model Serial # 40 Amp Rating Greenlots Station ID 2 # of Port Connections HARDWIRED Hardwired or Receptacle 26 Cord Length RETRACTABLE Cord Type CELLULAR Network Connection Firmware Installation Sketch (Quote and Customer Approval on Reverse)  Invoice #: ______________________ Installation Description and Line Item Quote Yes Existing 208/240VAC circuit that meets Code requirements? Unable to access if Yes, specify existing wire size and breaker amperage No New/upgraded panel required? 55‐60' Distance from nearest supply panel (ft) 50' Distance of underground trenchwork (ft) N/A # of walls / floors to penetrate #8 thhn, 50Amp New wire size and circuit breaker amperage Premises Wiring and Construction Cost (Property Owner with Avista Partial Reimbursement) Materials Cost Premises Wiring and Construction Line Items $195 Permits and Inspections $122 Install/Upgrade Panel $241 Install New Circuit $540 trenching $60 Restoration/Landscaping $933 concrete bollards Painting Signage $2,091 (1) Materials Cost Labor Cost Premises Wiring and Construction Line Items $143 Install/Upgrade Panel $714 Install New Circuit $602 Trenchwork $240 Restoration/Landscaping $1,151 concrete, bollards painting signage $2,850 (2) Labor Cost $4,941 (3) Materials and Labor Cost (Subtotal 1 + Subtotal 2) (4)Avista Reimbursement of Premises Wiring and Construction (max $1,000 residential SFH, $2,000 per port connection non‐residential) $3,953 Avista 80% Reimbursement (no user fees), ‐ or ‐ $3,212 Avista 65% Reimbursement (user fees) $988 (5) Amount Due from Customer = (3) + (4) , or $1,729 Amount Due from Customer = (3) + (4) EVSE Installation (Avista) Cost EVSE Wiring and Testing Mount and Wire EVSE Boost WiFi Signal (as needed) Establish Network Connection with Greenlots Assist Customer with Greenlots Signup and Smartphone Application Final Test EVSE Operation (6) Avista Subtotal Amount Due from Avista = (4) + (6) Customer Approval Signature/Date From: noreply@civicplus.com To: Ann Swenson Subject: Online Form Submittal: Application for City Advisory Boards and Commissions Date: Sunday, October 23, 2016 10:35:10 AM Application for City Advisory Boards and Commissions Thank you for your interest in serving on an advisory board or commission. The purpose of this form is to provide the mayor and City Council members with some information about individuals considered for appointment. This application will be kept on file for two years. The file of completed applications is open for public inspection upon request. (Section Break) Date 10/22/2016 City of Liberty Lake Library Board of Trustees advisory board or commission for which you are applying: Would your No appointment create a conflict of interest or appearance thereof? (Section Break) First Name Mindy Last Name Howe Address1 Dunbarton Oaks Lane Address2 Field not completed. City Liberty Lake State WA Zip 99019 Home Phone Fax Field not completed. Work Phone Field not completed. Email (Section Break) Employer Retired Business Address Field not completed. Address2 Field not completed. City Field not completed. State Field not completed. Zip Field not completed. (Section Break) Are you a registered Yes voter in the City of Liberty Lake? How long have you Over 6 years lived in the City of Liberty Lake (continuously)? Have you been No convicted of anything other than minor traffic violations? List of Convictions Field not completed. (Section Break) Educational BA Degree in Spanish from California Lutheran University, Background Thousand Oaks, CA Many professional seminars and courses on topics such as management, writing, strategic planning and project management Professional 30+ years in high tech marketing and communications with Qualifications / Work companies such as Hewlett-Packard, Adobe and Symantec Experience Career entry jobs in the airline and banking industries Community Activities / Volunteer reading coach at Otis Orchards Elementary School Involvement Previously on board of directors for Child Advocates (CASA) in Experience the Bay Area, CA Other Qualifications / I love our Library and use it as my primary source of traditional Reasons for Desire to books and audiobooks. I've come to understand through the Serve Library newsletter, and conversations with our City Administrator, that the Library offers a wide range of important services to citizens, and can always do more (though with limited resources). As a thoughtful and experienced manager and communicator, I think I can help with decisions about the Library's future, and support the Library team's work. (Section Break) Reference #1 Name Tricia Morgan Reference #1 Phone Address1 Dunbarton Oaks Lane Address2 Field not completed. City Liberty Lake State WA Zip 99019 (Section Break) Reference #2 Name Katy Allen Reference #2 Phone Address1 Dunbarton Oaks Lane Address2 Field not completed. City Liberty Lake State WA Zip 99019 (Section Break) Reference #3 Name Field not completed. Reference #3 Phone Field not completed. Address1 Field not completed. Address2 Field not completed. City Field not completed. State Field not completed. Zip Field not completed. Email not displaying correctly? View it in your browser. 10Biv  2017 CITY COUNCIL STANDING COMMITTEE ASSIGNMENTS COMMUNITY DEVELOPMENT (Includes Public Works and Parks & Rec) Meetings are the 4th Tuesday of the month from noon to 1:00 p.m. Robert Moore Shane Brickner Jessica McGuire _______ (alternate) FINANCE (Includes Human Resources) Meetings are the 1st & 3rd Tuesdays of the month from 6:00-700 p.m. RJ Stevenson, Finance Director, Chair Hugh Severs Cris Kaminskas Shane Brickner _______ (alternate) PUBLIC SAFETY (Includes Liberty Lake Municipal Library and Spokane Valley Fire) Meetings are the 1st Tuesday of the month from 5:30-6:30 p.m. Dan Dunne Odin Langford Jessica McGuire _______ (alternate) RESOLUTION  CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 17-223 A RESOLUTION OF THE CITY OF LIBERTY LAKE, WASHINGTON ESTABLISHING THE LIBERTY LAKE CITY COUNCIL’S PRIORITIES FOR THE YEAR 2017 WHEREAS, on August 16, 2016, November 13, 2016, and December 18, 2016 the Liberty Lake City Council met to identify and prioritize future opportunities and needs for its residents and businesses, and WHEREAS, pursuant to RCW 42.30.030, all meetings were declared open and public, with proper notice having been given regarding said meetings, and WHEREAS, during the regularly scheduled City Council meeting on January 3, 2017, which was open to the public for comment and discussion, the Liberty Lake City Council established priorities for the year 2017 as outlined in Exhibit A." NOW, THEREFORE, be it resolved by the City Council of the City of Liberty Lake, Washington as follows: 1. Priorities for the year 2017. The City of Liberty Lake, Washington through its City Council establishes priorities for its residents and businesses for the year 2017 as outlined in Exhibit A. 2. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council. Adopted this __________ day of _________________, 2017. __________________________________ Mayor, Steve Peterson ATTEST: Approved as to Form: ____________________________ ____________________________ City Clerk, Ann Swenson City Attorney, Sean P. Boutz  EXHIBIT A City of Liberty Lake City Council Meeting January 3, 2017 Council’s Priorities for 2017 * BUSINESS SUPPORT & RECRUITMENT  Outreach and engage with local businesses, large and small o Identify business inhibitors / possible solutions o Provide information to improve / expedite permits and applications * PARKS, RECREATION, TRAILS & OPEN SPACE  Spokane River at Centennial Trail o City staff to pursue feasibility to obtain public access  Liberty Lake Upland Trail Area * o Develop design concept of circulating trails and demarcation of adjoining property  Barefoot in the Park * o Recruit event planner, i.e.; Greater Spokane Valley Chamber of Commerce o Expand volunteers and include local business participation  Orchard Park * o Design and construct * TRANSPORTATION PROJECTS  Liberty Lake Shuttle Service o Identify options that would provide internal circulation within city limits  Pedestrian Connectivity and Trails o Harvard Road o Harvest Parkway o Mission Avenue o River District o Country Vista East and Country Vista West * o Safety lighting projects  Transportation Study Recommendations o Appleway and Signal Projects * o Harvard Road Overpass Expansion * MISCELLANEOUS INITIATIVES  Create a policy requiring utilities to be undergrounded for all future projects when feasible  Public Art o Establish a functional Arts Commission o Fund on a project-by-project basis o Include an Art Market at the Farmers Market * MISCELLANEOUS INITIATIVES (continued)  Citizen engagement by City Council – Suggested Ideas: o Provide increased presence and visibility of City Council Members at a City booth during more events other than Farmers Market o Rotate Council Member assignments at the Farmers Market o Possibly setting up an “Ask your Council Member” type table in front of local stores o Videotaping City Council meetings * o Possibly keeping City Hall open later one night a week to allow residents to meet with City Council Members o City Council Member attendance at HOA meetings o Including and addressing a “Question of the Month” headline in the City’s section of the Splash o Promote utilization of Municipal Research and Services Center’s (MRSC) services o Develop a long-term vision for city-owned facilities * ________ * Included in 2017 Budget Develop a long-term vision for city-owned facilities - $100,000 Country Vista East and Country Vista West - $75,000 Appleway and Signal Projects - $190,000 Liberty Lake Upland Trail - $30,000 Barefoot in the Park - $19,000 (does not include staffing) Orchard Park - $2.5 million Videotaping City Council meetings - $2,000 Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of December 29, 2016 Please note: This is a work in progress; items are tentative January 17, 2017 DUE Wed, Jan 11 th 1. LLML 4 Quarter 2016 report 2. Consent Agenda (minutes, vouchers) 3. ORDINANCE FIRST READ: Ordinance No. 232, granting a non-exclusive Franchise Agreement to Avista Corporation January 24, 2017 DUE Wed, Jan 18 Special Joint Meeting with Planning Commission 1. Workshop Discussion: Design Regulations, I-zone, C2 Zone, and M2 zone – Gregg Dohrn, Facilitator February 7, 2017 DUE Wed, Feb 1 1. Consent Agenda (minutes, vouchers) 2. ORDINANCE SECOND READ: Ordinance No. 232, granting a non-exclusive Franchise Agreement to Avista Corporation ************* TENTATIVE ITEMS: 1. Service Contract with Ptera for phones and cameras 2. RESOLUTION – Update to the Financial Policy 3. On-Call Arborist contract 4. Professional Services Agreement for Transportation Projects 5. Moratorium on the Acceptance of or Processing of Applications, or Issuance of Permits or Licenses, and Approvals, and Uses or Activities Associated with the Producing, Processing, or Retailing of Marijuana and Marijuana-Infused Products; and Declaring an Emergency (expires 5/2/17). 6. PRESENTATION: Municipal City Flag, Councilman Dunne 7. Agreement with City of Post Falls regarding license plate readers