City Council

CITY COUNCIL MEETING TUESDAY, MARCH 5, 2019 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:00 P.M. COMMITTEE WORKSHOP DISCUSSIONS – 6:00 p.m. • Public Safety • Library • Planning, Building & Engineering REGULAR SESSION – 7:00 p.m. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. CITIZEN COMMENTS 7. REPORTS • City Board & Commission Reports • Liberty Lake Sewer & Water District & Other Public Agency Reports 8. CITY COUNCIL REPORTS 9. CITY ADMINISTRATOR REPORT 10. ACTION ITEMS A. Consent Agenda i. Approve February 19, 2019 City Council Minutes ii. Approve March 5, 2019 vouchers in the amount of $417,364.66 B. General Business i. Approve On Call Agreement with AAA Sweeping for street sweeping services in an amount not to exceed $70,000 annually, and authorize Mayor Peterson to enter into the Agreement ii. Authorize the Mayor to execute the Spokane County Imagery License Agreement for the period 2019 through 2021 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. RESOULUTION • Resolution No. 19-254 – Adopting City of Liberty Lake Public Arts Policy and Procedures 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. ACTION ITEMS  City of Liberty Lake Consent Agenda for March 5, 2019 City Council Meeting Report from the Mayor for pending claims and payment of previously-approved obligations through March 5, 2019 Payee Description Amount See attached check register. Total Vouchers through March 5, 2019 $94,245.68 20-Feb-19 City Service Valcon - Credit Card EFT $1,860.21 26-Feb-19 Purchase Power EFT $ 195.84 February payroll & benefits $321,062.93 TOTAL $417,364.66 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: 3/5/2019 Street Sweeping Contract DEPT. OF ORIGIN: O&M Department EXHIBIT: DEPT. HEAD APPROVAL: Katy Allen Quote (basis of bid) Contract EXPENDITURE REQUIRED: Not to exceed $70,000 Annually BUDGETED: Yes SUMMARY STATEMENT The Operation and Maintenance Department wishes to enter into contract with AAA Sweeping to provide street sweeping services. The O&M department solicited bid from multiply contractors, AAA Sweeping was low bid. The contract is good for one year with option to renew for two additional years. Street sweeping will begin in the first part of April. City staff will manage contract. RECOMMENDED ACTION Authorize Mayor to sign contract.  AGENDA ITEM NO.: 10Bii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: March 5, 2019 License Agreement for Use of Aerial Photographs of the Liberty Lake Area for Mapping Purposes DEPT. OF ORIGIN: Planning, Engineering & Building Services EXHIBIT: DEPT. HEAD APPROVAL: Director Spokane County Imagery License Agreement EXPENDITURE REQUIRED: Estimated cost of $1,564.42 in 2019 for 2018 aerial photos; potential cost of $1,564.42 in 2021 for 2020 aerial photos, if so budgeted and authorized by the City Council at that time. BUDGETED: Yes SUMMARY STATEMENT The City of Liberty Lake has participated in a Fourth Party Agreement with Spokane County since 20112 for license to use aerial photographs of Liberty Lake for mapping purposes. The attached Spokane County Imagery License Agreement grants the City of Liberty Lake license to use Aerial Pictometry Imagery of the Liberty Lake for Mapping purposes. The license is granted for aerial imagery purchased by the City for capture flights in 2016, 2018, and 2020. The City of Liberty Lake has purchased the imagery from the capture flight in 2016. The City propose to purchase the capture flight imagery from 2018 that is now available, at an estimated cost of $1,564.42 for the tiles depicted below, as based upon a four-way cost sharing. Under this contract, the City would also have the option to purchase imagery from the capture flight in 2020, if so budgeted and authorized by City Council at that time. RECOMMENDED ACTION 1. Authorize the Mayor or execute the Spokane County Imagery License Agreement for the period 2019 through 2021.  SPOKANE COUNTY IMAGERY LICENSE AGREEMENT Fourth Party Participant The LICENSE AGREEMENT is entered into between Spokane County, (hereinafter referred to as “COUNTY” or “Licensor”) and the City of Liberty Lake (hereinafter referred to as “Fourth Party Participant” or “Licensee”), jointly referred to as PARTIES. R E C I T A L S: WHEREAS, pursuant to the provision of RCW 36.32.120(6), Spokane County has the care of county property and the management of county funds and business; and WHEREAS, pursuant to RCW 36.32.120(6), chapter 39.34 RCW and RCW 39.32.090, Spokane County entered into an agreement with Pictometry International Corporation for the purchase of aerial photography services, software, and support; and WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities may contact between each other to perform functions which each may individually perform; and WHEREAS, the Pictometry International Corporation Agreement allows “Authorized Subdivision(s)” to use “Delivered Content” as defined therein; and WHEREAS, Forth Party Participant is an “Authorized Subdivision” in the Pictometry International Corporation Agreement and as such desires to enter into a license agreement wherein the Fourth Party Participant may use certain “Delivered Content” under the Pictometry International Corporation Agreement subject to certain terms and conditions. NOW THEREFORE for and in consideration of the above recitals which are incorporated herein by reference and the mutual promises set forth hereinafter the PARTIES do hereby mutually agree as follows: SECTION 1: DEFINITIONS (a) County: “COUNTY” means Spokane County, also referred to as Licensor. (b) Fourth Party Participant: “Fourth Party Participant” means those who are eligible to purchase imagery from the COUNTY by signing this SPOKANE COUNTY IMAGERY LICENSE AGREEMENT, also referred to as LICENSEE. (c) Spokane County Pictometry Contract: “Spokane County Pictometry Contract” means the 2016 – 2021 contract executed under Spokane County Resolution 16-0387, attached hereto as Exhibit A and incorporated herein by this reference. Page 1 of 11 SECTION 2: PURPOSE This License Agreement is intended to provide a mechanism for the Licensee (Fourth Party Participant) to purchase Spokane County Pictometry Imagery products and associated Pictometry Software under the terms and conditions of this License Agreement, from the COUNTY as allowed by the Spokane County Pictometry Contract. SECTION 3: TERM This Agreement shall commence on _______________, 2019 and shall run through December 31, 2021. Once this Agreement is executed, it may not be terminated by either party. Provided, in the event the Spokane County Pictometry Contract is terminated, this Agreement shall also terminate. In the event of such termination, PARTIES understand that they shall not be subject to the refund or return of any costs or fees as set forth in Section 6 (Exhibit C) paid prior to the effective date of termination and may be subject to the payment of costs and fees set forth in Section 6 (Exhibit C) to the end of the term of the Spokane County Pictometry Contract. SECTION 4: LICENSED PRODUCTS Products and software consist of Geo-registered digital oblique & orthogonal images and associated Pictometry software. More particularly they include: A. Spokane County Licensed Pictometry Products include: 1. 4“ High Resolution Orthophotography & Four-way (N, S, E, W) obliques. 2. 9“ High Resolution Orthophotography & Four-way (N, S, E, W) obliques. 3. All other resolution Orthophotography and Area Wide Mosaics, generated by Pictometry and included in the delivery of the primary imagery. 4. Pictometry Software: Electronic Field Study & Pictometry ArcGIS Desktop Plugin. B. The following Pictometry Products are NOT included: 1. “Pictometry Self Hosting” Software provided on a one-time fee basis purchased directly from Pictometry by each member wishing to use it; and, 2. “Pictometry Connect” a Web Hosting Software that is purchased annually directly from Pictometry, and 3. “Pictometry for ESRI Web AppBuilder” Software provided on a one-time fee basis purchased directly from Pictometry by each member wishing to use it. Page 2 of 11 C. Spokane County Pictometry Sector Resolution Areas are depicted on Exhibit B, which is attached hereto and incorporated by this reference. SECTION 5: LICENSEE PARTICIPATION REQUIREMENTS LICENSEE must adhere to the following requirements: A. The LICENSEE shall maintain the Spokane County/Pictometry copyrighted data as a proprietary data, as set forth in the terms of the Spokane County Pictometry Contract. B. The LICENSEE must abide by the licensing restrictions detailed in the Spokane County Pictometry Contract. The Spokane County Pictometry Contract entitles the LICENSEE to utilize licensed data sets in perpetuity, unless terms of the Spokane County Pictometry Contract are violated. Should a violation of the terms of the Spokane County Pictometry Contract occur, and is not adequately resolved to the COUNTY’s satisfaction, the LICENSEE’s rights to the specific data set associated with the violation will be terminated. The LICENSEE must return all data associated with the violation to the COUNTY, and delete the digital data from all of the LICENSEE’s machines on which it may reside. C. Public Access of Pictometry Orthogonal and Oblique Imagery provided by the LICENSEE via Public Web Sites shall only occur by mutual agreement between the COUNTY and LICENSEE. LICENSEE is permitted to use orthogonal and/or oblique imagery for publicly accessible .pdfs, printed maps, or other such reports. SECTION 6: LICENSE FEE METHODOLOGY A. Pictometry Imagery Capture Flights will occur in 2016, 2018, and 2020. B. The Licensee shall be eligible to license PICTOMETRY imagery from the COUNTY for any flight that occurs during the contract period. The Licensee can purchase just a single flights imagery and is not required to purchase imagery from all flights that occur during the contract period. C. For the purposes of administration and maintenance of the Pictometry data over multiple political and geographic boundaries, the defined Project Area is based on a Pictometry-established grid of approximately 1 square mile sectors that covers the full extent of Spokane County. D. Project Area Sectors can be of two resolution types: 4 inch, or 9 inch. E. Sector resolution type will vary by given project year. Page 3 of 11 F. The COUNTY assigns costs to each specific Sector based on the Spokane County Pictometry Contract for that given project flight (two-year cycle). G. Rates per Sector are based on the costs per sector type (4 inch or 9 inch) for a given Pictometry Flight Year. H. Sector resolution upgrades (e.g. from 9 inch resolution to 4 inch resolution) may occur. LICENSEE will be responsible for all costs related to a LICENSEE- requested sector upgrade for the life of the contract. I. LICENSEE sector costs are based on the total sector rate as defined in Section 5 F divided by four (as Fourth party cost participants, assuming there are three original cost-share participants – Avista, City of Spokane, and Spokane County). If an original cost-share participant terminates their participation prior to a given flight then the sector rate as defined in Section 5 F will be divided by three (the remaining number of cost-share participants plus one). J. The LICENSEE’s base total cost is the sum of all individual Sectors which are within LICENSEE service boundary. This also includes the addition of all sectors that are bisected by the service boundary. Individual sectors will not be further subdivided. K. Access to the LICENSEE imagery products will be provided either on physical media or through a Pictometry Connect account purchased by the LICENSEE. The labor and media costs for the delivery of Imagery Products on physical media will be borne by the LICENSEE and will be based on the Spokane County Annual ISD staff hourly rate tables and media costs. L. The LICENSEE’s costs are itemized in Exhibit C, which is attached hereto and incorporated by this reference. M. The LICENSEE shall be billed upon given online access or hardcopy delivery of imagery products itemized in Exhibit C. LICENSEE shall pay all billings within twenty-five (25) calendar days from its receipt of any billing to pay the COUNTY. The COUNTY, at its sole option, may charge interest on late payments based on any lost interest earning had the amount due been invested since the date due to the date of payment in the COUNTY’s investment pool. SECTION 7: INDEMNIFICATION AND HOLD HARMLESS The LICENSEE agrees to indemnify, defend and hold harmless the COUNTY and its officers, agents and employees against all liability, loss and costs arising from actions, suits, claims or demands attributable solely and exclusively to acts or omissions of LICENSEE, and LICENSEE’S officers, agents and employees, in performance of this Agreement. Page 4 of 11  With regard to patent and copyright infringement claims, the LICENSEE will defend at its expense any suit brought against the COUNTY to the extent that it is based on an infringement claim, and the LICENSEE will indemnify the COUNTY for those costs and damages finally awarded against the COUNTY for an infringement claim. The LICENSEE shall also indemnify the COUNTY for its reasonable attorney’s fees arising out of such claims. SECTION 8: WARRANTY The digital data is provided "AS IS", without any warranty of any type whether express or implied, including any warranties of merchantability or fitness for a particular purpose. The data is subject to constant change and its accuracy cannot be guaranteed. The COUNTY does not warrant that the functions contained in the digital data will meet the requirements of the LICENSEE or that the operation of digital data will be uninterrupted or error free, or that any data defects will be corrected. SECTION 9: MISCELLANEOUS PROVISIONS 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 the entire understanding of the Parties. No representations, promises, or agreements not expressed herein have been made to induce any Party to sign this Agreement. 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. Assignment. No Party may assign its interest in this Agreement without the express written consent of the other Parties. E. Severability. In the event any portion of this Agreement should become invalid or unenforceable, the rest of the Agreement shall remain in full force and effect. F. 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. G. 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 contract because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation, national origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, or use of a service animal by a person with disabilities. H. Venue Stipulation. This Agreement shall be construed under the laws of Washington State. Any action at law, suit in equity or judicial proceeding regarding this Agreement or any provision hereto shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. I. Dispute Resolution. Any dispute among or between the PARTIES which cannot be Page 5 of 11  resolved among or between the PARTIES shall be subject to arbitration. Such dispute shall first be reduced to writing. If the COUNTY CEO, CITY Administrator and/or AVISTA designee cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding. The PARTIES subject to the dispute shall have the right to designate one person each to act as an arbitrator. The selected arbitrators shall then jointly select another arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04A RCW. The costs of the arbitration panel shall be equally split among the PARTIES to the dispute. J. 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. K. Time of Essence of Agreement. Time is of the essence of this Agreement and in case either party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other party may, at its election, hold the other party liable for all costs and damages caused by such delay. L. Execution and Approval. The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the party for purposes of confirming this Agreement. M. No Third party Beneficiaries. Nothing in this Agreement is intended to give, or shall give, whether directly or indirectly, any benefit or right, greater than that enjoyed by the general public, to third persons. N. RCW 39.34 Required Clauses. (1) PURPOSE: See Section 2. (2) DURATION: See Section 3. (3) ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate legal or administrative entity is created to administer the provisions of this Agreement. (4) RESPONSIBILITIES OF THE PARTIES: See Agreement provisions. Page 6 of 11  (5) AGREEMENT TO BE FILED: The City shall file this Agreement with its City Clerk. The County shall file this Agreement with its County Auditor or place it on its web site or other electronically retrievable public source. (6) FINANCING: Each Party shall be responsible for the financing of its contractual obligations under its normal budgetary process. (7) TERMINATION: See Section 3. (8) PROPERTY UPON TERMINATION: Title to all personal property acquired by any party in the performance of this Agreement shall remain with the acquiring party upon termination of the Agreement. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on the date and year set forth herein above with the effective date being the date of the last signatory. DATE: ________________________ SPOKANE COUNTY (Licensor) ____________________________________ INFORMATION TECHNOLOGY DIRECTOR ___________________________________ DATE: ________________________ Fourth Party Participant (Licensee) _ __________________________________ BY ___________________________________ TITLE Page 7 of 11  Exhibit A Spokane County Pictometry Contract (to follow in attached pages.) (This space intended to be blank.) Page 8 of 11  Exhibit B Spokane Pictometry Tile Grid (Light green tiles are nine inch resolution, purple tiles are four inch resolution, and blue tiles are four inch AccuPlus resolution) Page 9 of 11  Exhibit C: Spokane Pictometry Itemized Fourth Party Participant (Licensee) Costs (Assuming three original cost-share participants, thus a four-way cost split) Licensee: City of Liberty Lake Four Inch Sector Tiles Cost 4 Way Split ¼ Sector # Sq Mile Total (AccuPlus) Total $514.69 $128.67 0 0. $00.00 Four Inch Sector Tiles Cost 4 Way Split ¼ Sector # Sq Mile Total Total $357.28 $89.32 60 15 $1,339.80 Nine Inch Sector Tiles Cost 4 Way Split ¼ Sector # Sq Mile Total Total $71.90 $17.98 0 0 $0.00 Licensee Sub-Total $1,339.80 Data Preparation Hourly Labor Rate Est. Hours Total Service Area Delineation * $112.31 1 $112.31 Data Preparation ** $112.31 2 $224.62 Est. Labor Sub-Total $336.93 Media Cost $00.00 Est. Grand Total $1,564.42 * No charge for Service Area Deliniation if the area is the same as what was used for the last agreement ** Actual hours required to do the data preparation may differ from estimate above. Please note the above amounts are estimates only – based on the sector tiles shown below (from 2012 4th Party Agreement). Page 10 of 11 City of Liberty Lake Request Map from 2012 - Distribution of 4” and 9” Tiles (sq mile sections) Please look at this and make any necessary changes to the boundary. Page 11 of 11 RESOLUTION  CITY OF LIBERTY LAKE, SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 19-254 A RESOLUTION ADOPTING A PUBLIC ARTS POLICY AND PROCEDURES FOR THE CITY OF LIBERTY LAKE, WASHINGTON WHEREAS, the addition of public art in the City of Liberty Lake adds value and a sense of community to the City and its citizens; WHEREAS, the Public Art Policy and Procedures provides guidelines for elected officials, members of the Parks and Arts Commission, and City of Liberty Lake employees in acquiring and maintaining public art; and WHEREAS, the establishment and maintenance of public art policies and procedures also benefits the citizens of the City of Liberty Lake. NOW, THEREFORE, be it resolved by the City Council of the City of Liberty Lake, Washington as follows: Section 1. Public Art Policy and Procedures Adopted. The policies and procedures for acquiring and maintaining public art in the City of Liberty Lake is set forth in the document entitled “Public Art Policy and Procedures”, which is attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby adopted as the official policy and procedures for public art in the City of Liberty Lake. Section 2. Effective Date. This Resolution shall become effective immediately upon passage by the Liberty Lake City Council. Adopted this _____ day of March, 2019. ____________________________ Steve Peterson, Mayor City of Liberty Lake ATTEST: APPROVED AS TO FORM: ___________________________ Ann Swenson, City Clerk Sean P. Boutz, City Attorney Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  EXHIBIT A City of Liberty Lake Public Art Policy & Procedures Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS 1. Public Art in the City of Liberty Lake 1.1. Purpose 1.2. Public Art Funds 1.3. Public Art Defintion 1.4. Community Input 1.5. Public Art Five-Year Strategic Plan 1.6. Art in Private Development 2. Roles and Responsibilities 2.1. City of Liberty Lake City Council 2.2. City of Liberty Lake Parks and Arts Commission 2.3. City of Liberty Lake Staffl 2.4. Artist Selection Panel 3. Municipal Art Collection 3.1. Collections Maintenance and Responsibilities 3.2. Maintenance Procedures 3.3. Placement of Works of Art 4. Deaccessioning Policy and Procedures 4.1. Process for Deaccessioning 4.2. Criteria for Deaccessioning 4.3. Procedure for Deaccessioning 4.4. Use of Net Proceeds from Deaccessioning 4.5. Records 5. Definitions Appendix A) Criteria for selection of Public Art Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS 1. Public Art in the City of Liberty Lake The City of Liberty Lake recognizes the value of public art to its citizens and visitors. Public art matters because it is an essential building block for engaging community and conversation, encouraging and inviting imaginative spaces that enliven the public realm and fosters shared community interactions. Art allows citizens to celebrate unique stories and share collective history that inspires us to experience the world with fresh perceptions. We envision public works of art that will transform and activate civic spaces and create a unique identity for the City of Liberty Lake as a destination place. The City of Liberty Lake commenced an exciting civic undertaking in 2018 with the creation of a Parks and Arts Commission (PAC) to manage future art endeavors in the City among other responsibilities. The Commission has developed goals, a vision and mission statement as well as a five-year strategic plan. The goal of the City public art program is to incorporate the work and ideas of artists and designers into public settings while creating connections among artists, project partners and communities. 1.1. Purpose The purpose of this policy is to define the process that will be followed to achieve the following goals: • Establish a diverse collection of public artworks. • Create works of public art with the cooperation of the community. • Involve local, regional and national artists of diverse backgrounds. • Consider economic development and cultural tourism when advocating for public art. • Encourage public dialogue and community involvement. • Incorporate art and design projects of the highest quality throughout the community, creating a museum without walls and making art accessible to all. • Provide a legacy of art and culture for future generations. 1.2. Public Art Funds City Staff and the PAC will work together to develop a program and recommend funding for Public Art (PA) in the annual budget process. Funding for PA will be considered by City Council as part of the annual budget process. PA and PA services will be purchased, procured and selected in accordance with City’s and/or State’s financial and procurement policies. The PAC will develop a five-year strategic plan. This Plan will be adjusted annually based on the approved budget and submitted to City Council for approval. Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS 1.3. Public Art Definition For the purposes of this document, works of public art may include but are not be limited to: • Sculptures • Paintings including murals • Graphic arts • Mosaics • Crafts • Photography • Mixed media and collages • Earth works and environmental art • Ornamental or functional decorative elements • Light-based or luminal art • Sound art or media • Video and animation • Portable art • Temporary performance or time-based art 1.4. Community Input Community input on public art projects is important and adds value to the Parks and Arts Commission. There are numerous opportunities for community involvement, public input and discussions of location, safety, and maintenance. Community input and information sharing may take place at neighborhood meetings or occur in other ways, such as: • Reviewing existing plans, histories or public art plans for the site or area at meetings of City commissions, boards and other organizations. • Surveying or interviewing of nearby residents or site users. • Hosting facilitated internet discussions on social media and the City’s website. • Events such as public meetings, forums or design charrettes/ workshops. • Cultural events and gatherings. 1.5. Public Art Five-Year Strategic (Work) Plan The Five-Year Strategic (Work) Plan will be developed by the PAC in coordination with City Staff and community input. On an annual basis, the plan will be presented to City Council Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS and modified to reflect current adopted budget allocations. The purpose of the 5-year plan is to advance goals for public art in the City of Liberty Lake which includes: • Identifying opportunities and needs for public art across the City. • Developing a strategy for the equitable distribution of public art in public places. • Aligning goals with the priorities of the City Council. • Reflecting and documenting community input obtained during the master planning process. • Identifying funding mechanisms for public art. 1.6. Art in Private Development As municipal public art programs have become increasingly common throughout the nation, private developers are demonstrating a growing commitment to public art. The City of Liberty Lake does not have a formal policy regarding art in private development. Accordingly, the City encourages creative public/private partnerships that enhance the profile of art in the City, support the City’s mission and Public Art Policy and contribute to a culturally vibrant and aesthetically beautiful destination. 2. Roles and Responsibilities The following are the defined roles and responsibilities related to the Public Art Policy: 2.1 City of Liberty Lake - City Council The City Council confirms appointments by the Mayor to the PAC, approves the 5-year strategic plan and approves funding for public art projects. They also review and approve donations and sponsorships consistent with Ordinance 168 Donation Policy. City Council will also provide feedback to PAC and City Staff during project update reports. 2.2. City of Liberty Lake - Parks and Arts Commission The City of Liberty Lake Parks and Arts Commission (PAC) is appointed by the Mayor and confirmed by City Council. Ordinance 245A was adopted as the bylaws for the PAC in 2018. The PAC oversees the Public Art Program, 5-year strategic plan and coordinates approved public art projects with City Staff. The PAC advocates for public art in the City of Liberty Lake and reviews public art projects. Duties include: • Establishing curatorial and programmatic goals, policies and guidelines as they pertain to artwork acquired on behalf of the City. Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS • Make recommendations on the accession, care and deaccession of all donations of artwork accepted into the Municipal Art Collection. • Reviews the cleaning, repair and overall care of artwork in the Municipal Art Collection at the recommendation of the public art director and in compliance with currently accepted standards of care. • Recommends temporary public art projects. • Recommends citizen-initiated public art projects. 2.3. City of Liberty Lake - Staff • The Director of Operations and Maintenance will provide staff support and coordination to the PAC. The Director will also review and provide input on public art projects, the 5-year strategic plan, recommended annual budget allocations and oversight of the acquisition/selection process for consistency with City policy. • City staff will provide regular reports at each council meeting, as appropriate, on all current projects of the PAC. 2.4. Artist Selection Panel Artist Selection Panel(s) (ASP) are convened to review, interpret and provide recommendations for qualified artists and art proposals, based on criteria provided at the inception of the public art selection process. Duties include: • Reviewing and narrowing the artist application pool based on the project’s goals and the site criteria. • Reviewing and narrowing the finalists through proposals or interviews. • Reserving the option to make no selection from submitted applications and to reopen the competition or propose other methods of selection. • Providing recommendations to the PAC for projects and final concept designs. The ASP may be dependent upon scope and may consist of the following as recommended by the PAC: A. Arts professionals B. The project’s architect, landscape architect, engineer, interior designer or project manager (as applicable) C. Citizens who reside within city limits Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS D. City Council member E. Special interest representative appointed by the City Council F. PAC members G. City staff • Each member’s term will be through and until the completion of the project. 3. Municipal Art Collection The City of Liberty Lake will acquire many works of art that will be displayed in public spaces, including parks, municipal buildings and City offices. This inventory of public art items will be managed and maintained by City staff. 3.1. Collections Maintenance and Responsibilities PAC Responsibilities - The PAC creates and maintains a physical inventory of all artworks in the Municipal Art Collection. The inventory is conducted annually, with findings reported to the City. The inventory record tracks object movement and is updated as needed. An inventory of artworks in the Collection is continuously maintained and includes estimated valuations of objects in the Collection. New donations to the Collection require an appraisal at the time of the gift, typically provided and paid for by the donor. Valuations of artworks are established principally for insurance purposes. - The PAC and City staff oversees the assessment, treatment, maintenance and relocation of artwork. Cleaning and repair of artworks in the Municipal Art Collection are under the direction of City staff, who complies with currently accepted standards of care and conservation. City Staff/Department Responsibilities - City staff and department representatives work with the PAC to identify art under their purview and assist with proper documentation and cataloguing of artworks in the municipal inventory. Following the initial site cataloguing, City staff conducts annual inventories. - Staff is responsible for protecting the artwork from damage caused by watering systems, furniture placement and maintenance equipment, such as mowers. - City staff should report any graffiti, damage or vandalism of artwork in the Collection to the City Administration. The City Administration and/or staff reports the incident to police, corrects the damage and prepares a report for the PAC detailing damage to artworks, whenever possible. Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS - Agreements for treatment and maintenance of artworks are developed when needed. These agreements ensure the integrity of the artworks and stipulate the roles of each responsible department in staffing, funding and maintenance for the lifespan of the artworks. These agreements should provide direction to city staff for routine maintenance and cleaning, including frequency and type of work to be performed. 3.2. Maintenance Procedures Objects in the Municipal Art Collection require a wide range of care. The PAC creates an annual maintenance plan and long-term forecast reports to determine current and future Collection needs. City staff works closely with departments to determine funding for special conservation or restoration projects outside the scope of routine maintenance. All documentation, both written and visual, is maintained in an easily retrievable format. Exhibited artworks are labeled with the title, artist and date of the work, at a minimum. At the discretion of City staff and the PAC, artworks may be temporarily placed in storage or loaned to other institutions such as nonprofit galleries and museums. 3.3. Placement of Works of Art Works of art in the Municipal Art Collection may be moved throughout City facilities at the discretion of City staff, considering requests from individual departments. As mentioned in Section 3.2, the PAC works closely with City departments to ensure consensus and open communication for determining site locations for artwork. While the intent is that a site- specific artwork remains in the location for which it was created, City Administration reserves the right to move a piece if circumstances dictate. City Administration may consider relocating site-specific artwork for one or more of the following reasons: -The condition or security of the artwork can no longer be reasonably assured at its current site. -The artwork has become a danger to public safety in its current site. -The site has changed so that the artwork is no longer compatible as placed. 4. Deaccessioning Policy and Procedures 4.1. Process for Deaccessioning • Deaccessioning is the process of removing artwork from the Municipal Art Collection. This policy recognizes that over time there may be reasons to deaccession artworks. Deaccessioning is considered only after careful and impartial evaluation of artworks within the context of the Collection recommended by the PAC and City Staff and approved by City Council; in accordance with 17 U.S. Code 106A. Rights of certain authors to Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS attribution and integrity (also known as VARA (Visual Artists Rights Act). Generally, objects are acquired for perpetuity and not with the thought of disposal. In the event that there is living artist (or family of the artist) who desires return of their art after deaccessioning is approved, the City will return the art. • It is also important to state that objects in the Collection should be retained permanently if they continue to be useful to the purposes and activities of the PAC and the Collection, if they continue to contribute to the integrity of the Collection and if they can be properly stored, preserved, used and exhibited. 4.2. Criteria for Deaccessioning Objects may be deaccessioned when conditions require or when such action would improve or refine the Collection. Reasons for deaccessioning may include but are not limited to situations where: • The use of the site has changed, the artwork is no longer appropriate, and the artwork cannot be reasonably protected or maintained. • The artwork’s annual maintenance cost is deemed excessive. • The artwork has been damaged beyond reasonable repair. • The artwork requires extensive conservation or restoration that is cost-prohibitive. • The artwork is deemed inappropriate or requires removal because of new developments in the direction of the Collection. • The artwork was commissioned or accepted with the provision or understanding that it was to have a limited lifecycle or installation period. 4.3. Procedure for Deaccessioning Deaccession of any object from the Collection is based on a written recommendation by the PAC and City staff and the approval by the City Council. The recommendation must specify reasons for the deaccession. City, State and Federal regulations may apply when deaccessioning City property. 4.4. Use of Net Proceeds from Deaccessioning Net proceeds from the sale of deaccessioned objects (i.e., the proceeds of the disposition less all related expenses) must be used on future PA projects only. Net proceeds are designated for and must be used only for the growth or care of the Collection, consistent with acquisition procedures. The donor of a deaccessioned object that enters the Collection as a gift is fully credited in documentary files, in publications and on identifying labels for artwork purchased with proceeds of the sale. The purchased artwork, so credited, is labeled and identified as a "gift of [name of original donor] by exchange." Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS 4.5. Records Conditions and circumstances of any deaccession are entered in the Collection’s permanent records. If possible, a file on the object is retained, including object and donor history, photographs, conservation/restoration records, appraisals and other relevant records. Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS 5. Definitions Acquisition: The inclusion of an artwork in a permanent art collection acquired through a commission, purchase, gift or other means. Accession: The formal process used to accept an artwork into the Municipal Art Collection and record an item as a Collection object. Artist: Individual artist, team of individual artists or artist team leader of individuals from other disciplines whose body of work and professional activities demonstrate serious ongoing commitment to the fine arts. Artist Fees: The portion of the project budget reserved for payment to the artist for creative services for design, fabrication and project management. Fees do not include other labor, materials, travel and per diem allowances for out-of-town artists. Artist Selection Panel (ASP): An ad hoc panel whose charge is to review artists and art proposals and make recommendations to the Parks and Arts Commission for their selection. Artwork or Work of Art: A tangible creation by an artist. Capital Improvement Program (CIP): A 6-year plan, adopted by City Council that serves as a statement of City policy regarding the timing, location and funding of major public facilities in the City of Liberty Lake. City: The City of Liberty Lake. City of Liberty Lake Parks and Arts Commission (PAC): Charter-mandated commission governed by 12 members appointed by the City Council. The PAC serves as the official advisory body and advocate for the arts to the City Council. The makeup, function, powers and duties of the PAC are defined in City defined in Ordinance 245A. Deaccession: The process of removing an object permanently from a collection through sale, exchange or any other transaction by which title is transferred from the collection to another institution or individual. Under certain conditions, it may also include disposal by intentional destruction. Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS Director: City appointed Director to oversee the PAC. Donor: The individual, corporation or other entity offering a donation to the City. Loaned Artwork: Artwork given for use over a period of time and returned to the owner at the end of the use period. Monuments: Structures, sculptures or other objects erected to commemorate a person or an event. Municipal Art Collection: The Municipal Art Collection comprises all artworks owned by the City that have been accessioned by the PAC on behalf of the City. Plaque: Signage affixed on or near an artwork to identify the title, artist, media, etc. Public Art: Artworks purchased or commissioned with funds. The artworks are created, usually by artists or design team collaborations, for public places and public experiences. Public Art Program: The PAC program that administers the purchase and commissioning of artworks. Site: Real property or land that is owned, leased or operated by the City of Liberty Lake. Site Agency: The City department conducting the CIP/CFP project that generates public art funds and the recipient of the art purchased or commissioned by the PAC. Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS Appendix A – Criteria for selection and rejection of Public Art • Aesthetic Quality and Artistic Merit What has the artist accomplished with the work and does it align with the proposed project goals? • Does the work under consideration have artistic merit? • Is the work relevant to the City, its values, culture and people and does it contribute to the fabric of the City? Is the work an integral component of the overall project? • Is the work of art appropriate for the community it serves? • Placement/Siting • What is the relationship of the work to the site? Is it appropriately scaled? • Will the work help to anchor and activate the site and enhance the surrounding area? • Will there be convenient public access to the site? • Will additional parking or access accommodations be required? • What are the utility requirements of the artwork? • Does the artwork have a connection with the surrounding community? • Fabrication, Handling and Installation • Are the projected costs accurate and realistic? • Have written estimates been obtained from qualified technical support and fabrication contractors? • Does a certain site present any special obstacles to installation? • Can the work easily be removed if necessary? • Maintenance Requirements • Is the work suitable for outdoor display or special indoor environments? • Are the materials durable and will they last? Does the work have a limited lifespan due to built-in obsolescence or any inherent weakness? • What are the existing or projected maintenance requirements of the work? Are they excessive or cost prohibitive? Are any unusual or ongoing costs likely? • What are the artist’s suggestions for protection of the work from vandalism? • Liability and Safety • Is any aspect of the work a potential safety hazard? • Does the work meet building code requirements? • Does the work or any portion of the work require a professional seal (structural engineer, electrical engineer, etc.)? • Will fencing or other types of security measures be required? Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019  City of Liberty Lake Parks and Arts Commission Public Art Policy TABLE OF CONTENTS The following are examples of why Art and Art work is not selected: Artwork fails to meet professional standards for acceptable public art practice if one or more of the following applies: • Faults of design or workmanship pose a public health or life safety hazard or diminish the value of the work. • The artwork is fraudulent, inauthentic or appears to be of inferior quality relative to the quality of other works in the municipal art collection. • The artwork is not the original work of fine art, such as a sculpture or painting. If the artwork is one of a multiple, it will be accepted only as an authorized limited edition. In the case of fine art prints and photographs, a limited edition is 200 or fewer. • The artwork fails to meet criteria set by staff, which is subject to change at staff discretion. Prepared by the Liberty Lake Parks & Arts Commission January 30, 2019 Last Revised: February 20, 2019 Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of February 26, 2019 Please note: This is a work in progress; items are tentative TENTATIVE ITEMS: Date Item Point of Contact PENDING 3/19 LOCAL BUSINESS SPOTLIGHT: Clint & Brenda Grassel, Owners, Precision Cutting Lisa Key Technologies PUBLIC HEARING: Street Tree Amendments Lisa Key FIRST READ ORDINANCE: Street Tree Amendments Lisa Key 4/2 SECOND READ ORDINANCE: Street Tree Amendments Lisa Key 5/21 PUBLIC HEARING: Food Truck Code Amendment Lisa Key TBD Hawkstone 2nd Addition Final Plat Resolution Lisa Key WORKSHOP: Verizon small cell Lisa Key Agreement with GSI regarding website Lisa Key Symphony Agreement Jennifer Camp Approve the Inland Chess Agreement and authorize Mayor Peterson to enter into the Jennifer Camp agreement Approve agreement for services with “Into the Forrest” Jennifer Camp Change orders: Fencing & grading contract ball field parking lot Scott Bernhard WORKSHOP: Publication of Mayor’s Corner in Council Member the Splash Kaminskas Award Madsen signal bid Scott Bernhard Update Traffic Count – Approve revised Scott Bernhard agreement for professional services Professional Services Agreement to assess Scott Bernhard Trailhead facility Approve service contract for phones and RJ Stevenson cameras Approve agreement for IT services RJ Stevenson Approve consultant agreement for community outreach & improved communication Katy Allen Joint Meeting with Spokane Valley City Council Katy Allen Professional services agreement for job RJ Stevenson description compensation study Needs assessment agreement for the library Jocelyn Redel