City Council

CITY COUNCIL MEETING TUESDAY, MAY 16, 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. SWEARING IN CEREMONY – Liberty Lake Police Officer Jordan Bowman 8. PRESENTATION Waste Management Donation to Liberty Lake Centennial Rotary Club 9. MAYOR AND CITY COUNCIL COMMITTEE REPORT  Finance Committee 10. CITY ADMINISTRATOR REPORT 11. ACTION ITEMS A. Consent Agenda i. Approve April 18, 2017 and May 2, 2017 City Council Minutes ii. Approve May 16, 2017 vouchers in the amount of $470,628.81 $431,865.70 B. General Business i. Authorize the purchase of Walker B Series Mower in the amount of $9,325.69 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. ACTION ITEMS (continued) B. General Business ii. Authorize Parametrix task orders for design of budgeted projects: a. Country Vista Drive Pedestrian Crossing (near Home Depot) in the amount of $10,780 b. Appleway Avenue Re-Striping (E end of town) in the amount of $13,840 c. Country Vista Drive Drainage Repair (near new fire dept) in the amount of $7,560 iii. Reconfirm Mayor Peterson’s appointment of Jeff Sitton to Planning Commission iv. Confirm Mayor Peterson’s appointments of Casey Mason, Crystal Rodgers, and Tom Sahlberg to the Liberty Lake Civil Service Commission v. Approve MOU with Central Valley School District regarding maintenance, irrigation and scheduling of the playfield south of Liberty Lake Elementary School 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 May 16, 2017 6:00 PM to 7:00 PM I. Trailhead Golf Course II. Legislative Updates III. Financial Policy Updates a. Purchasing Thresholds IV. Personnel Manual Updates V. Website VI. 2018 Budget Preparation VII. Voucher Review  Liberty Lake Municipal Library April 2017 Statistics Circulation April 2017 April 2016 Checkouts 6,890 7,335 Renewals 1,221 1,126 In-House 540 177 ILL filled 13 8 Digital 1,081 897 Freegal 451 290 CIN Loans 1,083 1,237 Total items 11,282 11,070 Borrowed from CIN 1,070 935 Checkins 6,846 7,533 Item added 266 239 Items deleted 423 144 Patrons Total Visits: 6,128 6,326 Program visits: Children’s : 573 419 Adult programs: 132 75 Patrons added: 99 103 Total patrons: 5,930 6,264 Outreach, Events, Training Move & Groove: STEM-tacular Thursday: 3D printing One of our most popular weekly events LEGO Club Early Literacy classes (4 X week) Special Spring Break activities: Challenges, Singing, Open Move & Groove Kid’s Painting classes Friends of the Library Annual Tea @ Meaddowwood Technology Center LL Needle Arts Society National Library Week: week-long 3D printer demonstration, introductory class Movie Night Early literacy classes for community pre-school centers Family craft classes: Easter eggs, Build a bird house Adult craft classes: Easter décor, Etched Glass Book Club: Winterdance by Gary Paulson May Special Events Youth Services: Summer Code Club registration opens May 1st Star Wars Meet and Greet May 4 Nerf War May 12 Snow White story time May 17 Adult Services: Genealogy Class continues every Thursday STCU Financial Future class May 4 Mother’s Day paper flowers craft class Family craft class, May 6, 20th Book Club May 25 ACTION ITEMS  City of Liberty Lake Consent Agenda for May 16, 2017 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through May 16, 2017 Payee Description Amount See attached voucher report. Total vouchers through May 16, 2017 $ 110,034.74 April, 2017 Payroll & Benefits $321,830.96 TOTAL $ 431,865.70 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.: 11Bi BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: May 16, 2017 Purchase of Walker Mower DEPT. OF ORIGIN: Streets EXHIBIT: DEPT. HEAD APPROVAL: Katy Allen A – Quote for Walker B Series Mower B – Specs for Walker B Series Mower EXPENDITURE REQUIRED: $9,325.69 BUDGETED: Included in the 2017 Budget SUMMARY STATEMENT The City desires to purchase a Walker B Series Mower for the streets landscape mowing. This mowing will allow staff to mow swales along streets effectively and efficiently, without scalping turf. Currently city staff is using walk behind style mowers which are time consuming and labor intensive. Larger mowers are not able to mow the deeper swales without “scalping” edges. This mower is an in between size and can manage the task efficiently, allowing time and labor savings as well as enhancing turf health and aesthetics. The bid from Adams Tractor is 5% lower than what was offered on the WA State Purchasing Contract. This purchase was budgeted for 2017. RECOMMENDED ACTION 1. Authorize the purchase of mower. • 18-HP, Briggs & Stratton Vanguard twin- • 19-HP, Kohler OHV V-Twin engine, air-cooled • 23-hp Kohler Command, air-cooled engine w/ cylinder engine, air-cooled • Two independent Hydro-Gear® transaxles Delphi EFI system • Two independent Hydro-Gear® transaxles (ZT3100) combine for an agile tractor (top • Two independent Hydro-Gear® transaxles (ZT3100) combine for an agile tractor (top ground speed of 8.5 mph) (ZT3100) combine for an agile tractor (top ground speed of 8.5 mph) • Remote Cummins Filtration OptiAir™ engine ground speed of 8.5 mph) • Remote Cummins Filtration OptiAir™ engine air filter for increased engine life • Remote Cummins Filtration OptiAir™ engine air filter for increased engine life • Tilt-up body completely exposes drivetrain air filter with Enginaire precleaner for increased • Tilt-up body completely exposes drivetrain • Splined PTO drive shaft with quick-disconnect engine life • 2.8 gallon (10.6 liter) fuel tank coupler • Tilt-up body completely exposes drivetrain • 8.5 mph (13 kph) ground speed • 2.8 gallon (10.6 liter) fuel tank • Splined PTO drive shaft with quick-disconnect • 8.5 mph (13 kph) ground speed coupler • 4.7-gallon fuel tank • 8.5 mph (13 kph) ground speed Advantage Beautiful Cut Hillside Stability Our non-collection machines offer superior handling and safety A well-manicured lawn is a on slopes. The mower’s low center of gravity and overall machine beautiful thing, and Walker’s well- balance provide better traction, control, and safer downhill stability balanced mowers, combined than competitive mid-mount and stand-on products. with a true floating deck, have a gentle footprint that insures a clean beautiful cut every time. With true deck suspension, our decks float and flex over the turf, easily following ground contours. The result is less scalping and a clean, manicured finish. Because the weight of the deck is transferred to the drive wheels, there is less surface pressure on the deck caster wheels, which means reduced impact on the turf–and a beautifully striped lawn. Best Seat in the House Versatile With a seat height of 24 inches, a full view of the area to be mowed, and an Walker’s out front design lends operator position at the exact center of itself nicely to the use of a variety the machine–you have the “Best Seat of attachments, keeping the In The House.” tractor busy all year long. The Walker is on the job, getting work • Full view of working area done through summer, fall, winter • Low center of gravity maximizes and spring. Walker Mowers can be tractor/operator balance and adapted in just minutes to multiple provides excellent hillside grounds maintenance uses with front performance mounted attachments and implements. • Out front deck gives improved The out front design also makes it easy to switch between reach under fence lines and Walker’s ten different decks, which vary in size and overhanging bushes and shrubs configuration. (less trimming)  Originally designed as a basic machine to run Walker side discharge and mulching decks, the B-series has evolved into one of the most agile and versatile tractors in power equipment. The MB’s hillside performance is unmatched by competitive machines in the industry. Engine options include an 18-hp Briggs Vanguard (B18), a 19-hp Kohler (B19) or a fuel-saving 23-hp Kohler EFI (B23i). The B-series tractors easily fit into tight spaces and can also handle larger jobs with bigger decks up to 56 inches. A variety of year-round attachments make the MB a no-nonsense workhorse for homeowners and commercial operators. Comfortable Operating Position Exclusive Easy Operating Controls Large contour molded seat is Two steering levers work in matched with natural and intuitive conjunction with the Forward Speed 1 8 control placement and full view of Control (FSC) to control the drive mowing area. wheels for easy, smooth operation 8 Deck Counterweight Springs Transfer weight from the deck to 1 Industrial Grade Engines 2 the drive wheels allowing the deck All engines are exhaust emission 9 9 to float certified and are full pressure lubricated and include oil filter Steel Body Shell 11 14-gauge body with welded steel 12 Transaxles 3 3 7 construction Dual Hydro Gear® ZT3100 Transaxles 10 with external oil filters deliver decisive Tilt-Up Deck 2 power in a proven, durable design Makes blade and deck housing maintenance easy to do 4 10 PTO Coupler Welded Deck Custom-made zero backlash style Rigid deck design with 11-gauge 11 coupler offers positive, quiet driveline steel housing and tubular carrier 5 4 function frame Cutting Blades Parking Brake 5 13 12 Internal mechanical lock in transaxles Durable steel alloy blades are specifically designed for the Walker is easy to engage from seat 6 6 deck and contribute to the overall performance and finished cut quality Torsion-Flex Frame Flexible carrier frame allows deck 13 to float and twist to follow ground Easy-Change Drive Belts Change belts in the field with no tools 7 contour for superior cutting quality Accessible It is an unavoidable fact that commercial lawn mowing equipment needs routine maintenance such as blade sharpening and oil and belt changes. The fact that the Walker Mower provides quick, easy access to these serviceable parts is not by accident. Our mowers were designed and Compared to competitive mid-mounts, Walker Mowers’ center of built to be easy to maintain. mass is behind the drive tires which increases traction when going downhill. The center of mass is also closer to drive tires, resulting in Tilt-open bodies quickly expose the better balance when maneuvering on slopes (up, down, across). engine and drivetrain, while tilt-up mower decks make blade maintenance and deck cleaning a quick and easy task. Agile The compact Walker fits in places most other commercial mowers can’t, quickly maneuvering into each nook and cranny to finish the job in one pass. Forward/reverse, zero-radius turns, and braking are accomplished by lightly pulling the steering levers while the FSC adjusts and holds forward speed. With 83% of the machine’s weight* on the drive tires and an overall weight that is less than the competition, the Model B has great traction and balance leading to unmatched agility. * MB23i w/ DM48-2, 200 lb. operator, full fuel  Engine Specifications B18 B19 B23i Manufacturer/Model Briggs & Stratton Vanguard, 2 cyl. Kohler CH620, V-Twin, OHV Kohler ECH730, V-Twin, OHV, EFI Displacement 570cc (34.8 cu. in.) 624cc (38.1 cu. in.) 747cc (45.6 cu. in.) Max Power 18 19 23 Max Torque 29.5 35 38.1 Fuel Automotive Grade Unleaded Gasoline (E10 max) Fuel Capacity 2.8 gallons (10.6 liters) 4.7 gallons (17.8 liters) Cooling System Air Lubrication System Full Pressure with Filter Muffler Engine Tuned (Lo Tone) Tractor Drive Transmission/Final Drive Dual, Independent Hydro-Gear® Integrated Transaxles (ZT3100) Steering Hand Lever Control, Individual Drive Wheel Forward Speed Control Precision Friction Lock Lever, Cruise Control with Neutral Park Position Brake Dynamic Braking through Hydrostatic Transmissions Parking Brake Internal Mechanical Cog Lock for Each Transaxle (Single Lever Control) Ground Speed 0-8.5 MPH Forward, 0-5 MPH Reverse, Infinitely Variable Turning Radius Zero (0˚) Mower Deck Cutting Width (Inches) 36 to 56 Side Discharge (6 Decks) or 36 to 52 Mulching (5 Decks) Cutting Height (Inches) 1 to 4 (2.54 to 10.16 cm), 1/2” (1.27 cm) Increments Blade 0.197 inch Stamped Steel, 10B38 Alloy, Tempered Maximum Blade Speed 2900 RPM (16700 FPM with 22” Blade) Blade Drive Splined PTO Drive Shaft/2 High Speed U-Joints, Shear Pin for Shock Protection on Timed Gear Drive on Deck Blade Clutch and Brake Manual Belt Tightener/Band Brake Deck Suspension Torsion-Flex Frame with Caster Wheels and Counterweight Springs Dimensions Outside Dimensions* 40.5 in. H x 49 in. W x 82 in. L Wheel Base (Tractor) 39.5 in. Outside Tire Width (Tractor) 29.75 in. Curb Weight (Approximate) Tractor Only 575 lbs. 585 lbs. 593 lbs. Tractor and Mower* 788 lbs. 798 lbs. 806 lbs. Compatibility Decks DS36, DM36, DS42, DS42B, DM42A, DM42B, DS48, DM48, DS52**, DS56 Add Ons 36” Snow Blower, 48” Dozer Blade, 40” Dethatcher, Boom Sprayer *Dimensions and weight shown for models equipped with 48” deck (typical) **Not recommended for use on B18 Service Commitment As a Walker owner, you can expect to receive the highest quality performance from your product and matching service from the local dealer where you made your purchase. Walker Mowers are sold by independent dealerships who understand the Walker line and agree to follow Walker’s Sales with Service commitment to our customers. Dealers are established by independent distributors who are backed by Walker Manufacturing Company. Walker is an independent, family-owned, manufacturer of high quality, American-made, power equipment products since 1980. Warranty Today, it is popular to talk about “lifetime” warranty, but what really matters is how that promise is For a zero turn mower to excel at its work, its kept. We don’t use warranty as a gimmick to sell our product – rather, we use it as a promise to stand design has to be right from the start, or it will behind our workmanship. Walker aims to use warranty as it is meant to be used: helping customers be easily lost in the wide array of commercial get back to work quickly in the event of a manufacturer’s defect or failure of workmanship. mowers that deliver only marginal results. The 1 2 3 At Walker Manufacturing, our warranty is our word. designer’s platform must consist of discipline, ingenuity and no compromises. Through • All parts and • Briggs & Stratton • Kohler three generations of the Walker family, each components deemed administers their own administers their not to be typical 2-year warranty (B18) own 3-year engine Walker model has been built from the inside wear items in normal warranty (B19 & out to achieve a balance of durability and usage • Hydro-Gear ® B23i) performance. transaxles YEAR YEAR YEAR ©2014 • 2/14 • P/N 6895-55  AGENDA ITEM NO.: 11Bii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: On Call Engineering Task Orders FOR THE AGENDA OF: May 16, 2017 DEPT. HEAD APPROVAL: DEPT. OF ORIGIN: Public Works EXHIBIT: (3) Task Orders EXPENDITURE REQUIRED: Yes BUDGETED: Yes SUMMARY STATEMENT We have three task orders from our on call engineer totaling $32,180. The three task orders are for work that Council has already budgeted. A summary of each task order is provided below: a. The first task is for design of a solution to the recurring road drainage problem at Country Vista Drive near the new fire station. Water ponds on the roadway and our officers have been required to place barricades and signage out in the road to warn drivers of the deep water. We are requesting that the engineer design a remedy for this drainage issue. The amount of this task order is $7,560.00. b. The second task requests a re-striping plan for approximately one mile of road along on our easternmost stretch of Appleway Avenue. As of today we have a two lane section and an abundance of pavement. This leads to driver confusion as to where their proper lane is located. The engineer will provide us with a striping plan that provides clarity to the traveling public on that stretch of road. The amount of this task order is $13,840.00. c. The third task requests a design for the proposed pedestrian crossing at Home Depot. Today if a pedestrian wishes to cross Country Vista the nearest crossing is about 0.4 miles away. The engineer will design a safe crossing for pedestrians near the eastern edge of the Home Depot swale. The amount of this task order is $10,780.00. All of these task orders are based on negotiated billing rates. The engineer may not exceed the task order amount without prior authorization from the City. If Council approves the task orders we will bring a schedule back based on direction provided to the engineer. RECOMMENDED ACTION Staff recommends: 1. Authorize Mayor to sign/execute task orders a, b and c as listed above.  AGENDA ITEM NO.: 11Biii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: May 16, 2017 Planning Commission Re-Confirmation DEPT. OF ORIGIN: Planning & Building Services EXHIBIT: DEPT. HEAD APPROVAL: Katy Allen None EXPENDITURE REQUIRED: Not Applicable BUDGETED: Not Applicable SUMMARY STATEMENT Mayor Peterson has nominated Jeff Sitton to serve another term on the City Planning Commission. Per the Planning Commission Bylaws, his re-appointment will be for three years from December 31, 2016, pending confirmation by the City Council. Jeff Sitton is a City resident who lives in the Rocky Hill neighborhood and has served one previous term on the Planning Commission. RECOMMENDED ACTION 1. Accept the nomination of Jeff Sitton to serve another term on the City Planning Commission (terms expires December 31, 2019) 2. Reject the nomination of Jeff Sitton to serve another term on the City Planning Commission  AGENDA ITEM NO.: 11Bv BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: May 16, 2017 Memorandum of Understanding DEPT. OF ORIGIN: Parks EXHIBIT: DEPT. HEAD APPROVAL: Katy Allen A – MOU CVSD and City of Liberty Lake B – Map Attachment of Responsibilities EXPENDITURE REQUIRED: None BUDGETED: Included in the 2017 Budget SUMMARY STATEMENT Attached is a MOU for the maintenance, irrigation and scheduling of the playfield south of Liberty Lake Elementary School. The agreement states that the city will maintain the turf field and in exchange, CVSD will pay the irrigation bill across the entire property. RECOMMENDED ACTION 1. Authorize the Mayor to sign the Memorandum of Understanding.  MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LIBERTY LAKE, SPOKANE COUNTY, AND THE CENTRAL VALLEY SCHOOL DISTRICT NO. 356 THIS AGREEMENT entered into by the CITY OF LIBERTY LAKE, a Washington state municipal corporation, having offices for the transaction of business at 22710 E. Country Vista Dr., Liberty Lake, Washington 99019, hereinafter referred to as “CITY” and the CENTRAL VALLEY SCHOOL DISTRICT NO. 356, a Washington state municipal corporation, having offices for the transaction of business at 19307 E. Cataldo, Spokane Valley, Washington 99016, hereinafter referred to as “DISTRICT,” jointly hereinafter referred to as the “PARTIES”, or individually as “PARTY”. W I T N E S S E T H: WHEREAS, the DISTRICT owns and operates Liberty Lake Elementary School located at 23606 E. Boone Avenue, Liberty Lake, WA 99019, which includes play fields and open park space; and WHEREAS, the CITY is responsible for the care of multiple public parks, open spaces, trails, and a variety of other facilities with the City of Liberty Lake; WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes cooperation between public agencies and cities to contract with each other to perform certain functions which each may legally perform; and NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to set forth the PARTIES’ understanding of the terms and conditions under which the CITY and DISTRICT will participate in the maintenance, use, and cost allocation for the play fields and open park space as identified in attachment A. SECTION NO. 2: DURATION Upon execution by the PARTIES, this Agreement shall continue in full force and effect for ten (10) years unless terminated earlier by the CITY or DISTRICT with at least thirty (30) days written notice to the other PARTY. SECTION NO. 3: MAINTENANCE, USE AND COST ALLOCATION FOR PROPERTY SET FORTH IN ATTACHMENT A: A. The CITY agrees to provide the following services at its expense: 1. Manage the turf in the area identified in Attachment A, which includes labor and equipment needed to mow, fertilize and repair the irrigation system; 2. Provide the DISTRICT access to the irrigation clock at all times; 3. Coordinate and manage reservations after school hours, weekends and during the summer recess. Reservations fees and revenues will be included under the CITY’s oversight; 4. Maintain and manage the turf, as identified in Attachment A, in a condition similar to other CITY park property; and 5. Provide the DISTRICT with first priority for all reservations at no cost. B. The DISTRICT agrees to provide the following services at its expense: 1. Provide equipment storage for CITY equipment on the property set forth in Attachment A with the CITY having access to said storage or storage unit at all times; 2. Pay for any and all water service necessary for the entire area identified in Attachment A, which the CITY has agreed to maintain; and 3. Coordinate and manage reservations for any usage of the area during school hours and when the field(s) are used by the DISTRICT for all DISTRICT events. Both PARTIES agree that there is mutual benefit to this Agreement and it is estimated that the value of this Agreement is approximately $10,000/year for both the CITY and the DISTRICT. SECTION NO. 4: NOTICES All notices or other communications given hereunder shall be deemed given on: (i) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by certified mail delivery, receipt requested and postage prepaid addressed to the Party at the address set forth below, or at such other address as a Party shall from time-to-time designate by notice in writing to the other Party: CITY: City Clerk City of Liberty Lake 22710 E. Country Vista Dr. Liberty Lake, Washington 99019 DISTRICT: School Superintendent Central Valley School District No. 356 19307 E. Cataldo Ave Spokane Valley, Washington 99016 SECTION NO. 5: ASSIGNMENT This Agreement shall be binding upon the PARTIES, their successors and assigns. No Party may assign, in whole or in part, its interest in this Agreement without the approval of the other Party. SECTION NO. 6: LIABILITY The DISTRICT shall indemnify, defend and hold harmless the CITY, its officers and employees from all claims, demands, or suits in law or equity arising from the DISTRICT’S intentional or negligent acts or breach of its obligations under this Agreement. The DISTRICT shall also indemnify, defend and hold harmless the CITY, its officers and employees from all claims, demands, or suits in law or equity arising from any injury to or claim by a DISTRICT employee or representative sustained in the course of performance as required by this Agreement. The DISTRICT’S duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the CITY, its officers and employees. The CITY shall indemnify, defend and hold harmless the DISTRICT, its officers and employees from all claims, demands, or suits in law or equity arising from the CITY’s intentional or negligent acts or breach of its obligations under the Agreement. The CITY shall also indemnify, defend and hold harmless the DISTRICT, its officers and employees from all claims, demands, or suits in law or equity arising from any injury to or claim by a CITY employee or representative sustained in the course of performance as required by this Agreement. The CITY’s duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the DISTRICT, its officers and employees. If the comparative negligence of the PARTIES and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the PARTIES in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. Where an officer or employee of a PARTY is acting under the direction and control of the other PARTY, the PARTY directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other PARTY’S officer or employee’s negligence. Each PARTY’S duty to indemnify shall survive the termination or expiration of this Agreement. Each Party waives, with respect to the other PARTY only, its immunity under RCW Title 51, Industrial Insurance. The PARTIES have specifically negotiated this provision. SECTION NO. 7: ANTI-KICKBACK No officer or employee of the CITY or DISTRICT, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. SECTION NO. 8: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 9: COMPLIANCE WITH LAWS The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 10: NON-DISCRIMINATION 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 federal, state or local law. SECTION NO. 11: MISCELLANEOUS A. NON-WAIVER: No waiver by any PARTY of any of the terms of this Agreement shall be construed as a waiver of the same or other rights of that PARTY in the future. B. ENTIRE AGREEMENT: This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless the change or addition is in writing, executed by the PARTIES. C. MODIFICATION: No modification or amendment to this Agreement shall be valid until put in writing and signed with the same formalities as this Agreement. D. HEADINGS: The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. E. COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. F. SEVERABILITY: If any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to the statutory provision. G. RELATIONSHIP OF THE PARTIES: The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of the DISTRICT shall be deemed to be an employee, agent, servant or representative of the CITY for any purpose. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of the DISTRICT for any purpose. SECTION NO. 12: RCW 39.34 REQUIRED CLAUSES A. PURPOSE: See Section No. 1 above. B. DURATION: See Section No. 2 above. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate legal or administrative entity is created to administer the provisions of this Agreement. D. RESPONSIBILITIES OF THE PARTIES: See provisions above. E. AGREEMENT TO BE FILED: The CITY shall file this Agreement with its City Clerk and place it on its web site or other electronically retrievable public source. The DISTRICT shall file this Agreement with the County Auditor or place it on its web site or other electronically retrievable public source. F. FINANCING: Each PARTY shall be responsible for the financing of its obligations under its normal budgetary process. G. TERMINATION: See Section No. 2 above. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on this ______ day of May, 2017. Central Valley School District No. 356 City of Liberty Lake, Washington Ben Small, Superintendent Steve Peterson, Mayor Attest: Approved as to Form: Ann Swenson, City Clerk Sean P. Boutz, City Attorney Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of May 11, 2017 Please note: This is a work in progress; items are tentative June 6, 2017 DUE Wed, May 10 1. PRESENTATION: Orchard Park Update 2. WORKSHOP: Proposed 2016 - 2017 City Development Regulations Periodic Updates and City Comprehensive Plan Amendment(s) 3. Consent Agenda (minutes, vouchers) 4. General Business 5. PUBLIC HEARINGS: a. River Crossing South Preliminary Plat Closed Record b. Six-Year Transportation Improvement Program – 2018 – 2023 5. FIRST READ ORDINANCE: Proposed 2016 - 2017 City Development Regulations Periodic Updates and City Comprehensive Plan Amendment(s) June 20, 2017 DUE Wed, May 10 1. Consent Agenda (minutes, vouchers) 2. General Business a. Award consultant contract for Harvard Bridge Revision b. Approve consultant contract for signals @ Madson/Signal 3. PUBLIC HEARING: Proposed 2016 - 2017 City Development Regulations Periodic Updates and City Comprehensive Plan Amendment(s) 4. RESOLUTION: Adopting the City’s Six-Year Transportation Improvement Program 5. SECOND READ ORDINANCE: Proposed 2016 - 2017 City Development Regulations Periodic Updates and City Comprehensive Plan Amendment(s) ************* TENTATIVE ITEMS: 1. Service contract with Ptera for phones and cameras 2. RESOLUTION – Update to the Financial Policy 3. PRESENTATION: Municipal City Flag (CC confirmation in June /July) 4. Orchard Park land transfer (? 5/16 or 6/6) 5. Ordinance 236 – Moratorium extension for the Acceptance of Applications or Issuance of Permits for the Construction of Multifamily Housing; Providing for Severability; and Declaring an Emergency (expires 6/20) 6. Award bid for construction of beacon install @ Apts/HD (7/4 or alternate) 7. Ordinance 237 – Moratorium on the Acceptance of Applications and Issuance of Permits for Specific Types of Uses and Improvements in the I (Light Industrial) Zone; Providing Severability; and Declaring an Emergency (expires 8/21) 8. Award bid for signals @ Madson/Signal (potentially 10/17, pending successful funding) 9. Harvard Bridge Revision conceptual design presentation to Council (11/7) 10. Award bid for construction of Orchard Park (12/5) 11. Acknowledgement of Brian Cuda for his donation of time & expertise in helping the City to stream CC meetings. 12. Trutina 1st Addition Final Plat Resolution 13. Workshop discussion: I-502 issues and options 14. Approve Website Agreement with Civic Plus