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2014, 05-20 Study SessionAMENDED AGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION Tuesday, May 20, 2014 CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) 6:00 p.m. DISCUSSION LEADER SUBJECT/ACTIVITY GOAL ROLL CALL: ACTION ITEM: 1. Lori Barlow Comprehensive Plan Amendments [public comments] Motion(s) Consideration NON -ACTION ITEMS 2. Eric Guth 3. Eric Guth 4. Eric Guth 4a. Mike Jackson, Erik Lamb 5. Mike Stone 6. Mayor Grafos Stormwater Capital Improvement Plan (CIP) 2015-2020 Appleway Landscaping Phase I Draft 2015-2020 Six Year Transportation Improvement Plan (TIP) Solid Waste Transfer, Treatment, & Disposal Centennial Trail Draft Agreement Advance Agenda Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information 7. Information Only (will not be reported or discussed): Commercial Vehicles Parking in Residential Areas 8. Mayor Grafos 9. Mike Jackson ADJOURN Council Comments City Manager Comments Discussion/Information Discussion/Information Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the agenda. The term "action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the C Clerk at (509) 921-1000 as soon as possible so that arrangements may be made. ty Study Session Agenda, May 20, 2014 AGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION Tuesday, May 20, 2014 CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) 6:00 p.m. DISCUSSION LEADER SUBJECT/ACTIVITY GOAL ROLL CALL: ACTION ITEM: 1. Lori Barlow Comprehensive Plan Amendments [public comments] Motion(s) Consideration NON -ACTION ITEMS 2. Eric Guth 3. Eric Guth 4. Eric Guth 5. Mike Stone 6. Mayor Grafos Stormwater Capital Improvement Plan (CIP) 2015-2020 Appleway Landscaping Phase I Draft 2015-2020 Six Year Transportation Improvement Plan (TIP) Centennial Trail Draft Agreement Advance Agenda Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information 7. Information Only (will not be reported or discussed): Commercial Vehicles Parking in Residential Areas 8. Mayor Grafos 9. Mike Jackson ADJOURN Council Comments Discussion/Information City Manager Comments Discussion/Information Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the agenda. The term "action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 921-1000 as soon as possible so that arrangements may be made. Study Session Agenda, May 20, 2014 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 20, 2014 Department Director Approval Item: Check all that apply: ❑ consent ❑ unfinished business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Proposed 2014 Annual Comprehensive Plan Amendments GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 19.30.010. PREVIOUS ACTION TAKEN: Administrative Report April 15, 2014; Public Hearing May 6, 2014; Administrative Report May 13, 2014. BACKGROUND: The Community Development Department received two privately initiated requests for site- specific Comprehensive Plan amendments and corresponding zoning classification amendments. In addition, the City is proposing one site-specific Comprehensive Plan amendment and a corresponding zoning classification amendment. The Comprehensive Plan text amendments include amendments to six Comprehensive Plan Elements: Chapter 2 - Land Use, Chapter 3 — Transportation, Chapter 4 — Capital Facilities and Public Services, Chapter 6 — Private and Public Utilities, Chapter 7 — Economic Development, and Chapter 11 - Bike and Pedestrian. The proposed amendments also entail minor changes to other elements referencing the proposed amendments, such as a single reference to the City Center in the Comprehensive Plan Introduction. The Planning Commission held a public hearing on the proposed amendments on February 27, 2014 and continued the hearing to the March 13th meeting. The Planning Commission recommendations on each proposed amendment are as follows: Project # Applicant Location Map Text Amendment Planning Amendment (Chapter) Commission Recommendation CPA 01-14 CPA 02-14 SCRAPS Bradley Road x CPA 03-14 Whipple Barker and x Engineering Sprague COSY Mirabeau Park x Trailhead CPA 04-14 COSV CPA 05-14 COSV CPA 06-14 COSV CPA 07-14 COSV CPA 08-14 COSV CPA 10-14 COSV CPA 09-14 COSV Deny Forwarded without a recommendation Deny Land Use Approve Transportation Approve Capital Facilities Approve Utilities Approve Economic Development Approve Bike and Pedestrian Approve Parks and Recreation Withdrawn 1 of 3 An administrative report was presented to City Council on April 15, 2014, and a public hearing was conducted on May 6, 2014. The Council deliberated on the requests at the May 13, 2014 meeting with no action being taken. Staff has prepared a motion for consideration on each of the proposed amendments, which will then be grouped for a first reading of an ordinance for the associated Comprehensive Plan amendments and an ordinance for associated zoning classification amendments. Each proposed amendment having a majority of Council recommending approval will be placed in the ordinance with a recommendation for adoption. Any proposed amendments not having a majority of Council recommending approval will be placed in the ordinance with wording stating that it will be denied. These motions are not "final action" by the Council, and are instead motions to move forward to a first reading. The Council will then consider the consolidated proposed amendments as a group in one ordinance for final adoption consideration at first and second readings with appropriate findings. Staff will also prepare an ordinance with zoning map changes which correspond with the proposed amendments, which would be considered for first and second reading on the same agendas as the ordinance for the proposed 2014 Comprehensive Plan amendments. OPTIONS: (1) Vote on each proposed Comprehensive Plan amendment to determine if a majority of Councilmembers supports placing it in the ordinance for approval consideration at the first reading; or (2) Take other appropriate action. RECOMMENDED ACTION OR MOTION: The motion below should be voted on for each proposed Comprehensive Plan Amendment. The file number for each request is noted in the table above. Motions: (1) I move we place CPA -01-14 Council meeting; (2) I move we place CPA -02-14 Council meeting; (3) I move we place CPA -03-14 Council meeting; (4) I move we place CPA -04-14 Council meeting; (5) I move we place CPA -05-14 Council meeting; (6) I move we place CPA -06-14 Council meeting; (7) I move we place CPA -07-14 Council meeting; (8) I move we place CPA -08-14 Council meeting; in an in an in an in an in an in an in an in an ordinance ordinance ordinance ordinance ordinance ordinance ordinance ordinance 2of3 for for for for for for for for approval approval approval approval approval approval consideration consideration consideration consideration consideration consideration approval consideration approval consideration at a at a at a at a at a at a at a at a subsequent subsequent subsequent subsequent subsequent subsequent subsequent subsequent (9) I move we place CPA -10-14 in an ordinance for approval consideration at a subsequent Council meeting. CPA -09-14 was withdrawn because it was not ready to be considered in 2014 due to additional work that had to be done on the Parks Master Plan. Staff will bring the proposal back prior to November 1, 2014, for Council's consideration to include it on the docket in the 2015 Comprehensive Plan amendment process; and STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: 1) Graphic showing the Draft Shoreline Buffer and Setback on Parcel #45101.9068(CPA- 01-14) 2) Sean Messner, Senior Traffic Engineer Email and Chapman Traffic Count Comparison Table 3) Power Point Presentation from May 13th meeting will be available for reference. No new material presented. 4) Two additional public comments See separate yellow notebook provided April 15, 2014: Contents include 2014 Comprehensive Plan amendments with individual Staff Reports, Planning Commission Meeting minutes, and comments received. Please note that the yellow notebooks will be used throughout this entire process, and at the end of the process they should be returned to Community Development for use in subsequent years' Comprehensive Plan amendments. 3 of 3 DRAFT Shoreline Master Program Buffer and Setback Buffer I Oft Setback 2001 Jurisdiction Parcels CPA 2014-0001 Applicant: City of Spokane Valley — Community Development Department Parcel #: 45101.9068 Address: The site is vacant and is not addressed Size: —48,000 sq ft Request: Change the Comprehensive Plan Land Use Map designation from Parks/Open Space to Mixed Use Center, MUC; and Subsequent Zoning change from Parks and Open Space, P/OS to Mixed Use Center, MUC. Chris Bainbridge From: Sent: To: Subject: Attachments: Good Morning Lori, Sean Messner Thursday, May 15, 2014 9:27 AM Lori Barlow Sprague and Barker information Count Comparison_3-13-14.pdf I looked at SCOUT and through some of our preliminary design files. It appears as though both Sprague and Barker have 60' of right-of-way at the intersection. Please find attached the traffic counts that were conducted at the Sprague/Barker intersection in March of this year (post -opening of Chapman). The table also shows the traffic counts, performed by a the traffic engineer preparing the Estates at Ruddell Traffic Impact Analysis, which were conducted in October of last year (pre -opening of Chapman). In general, the intersection saw a 6% increase of traffic. If you look at the second to last line in the table it shows the % increase for each movement. Certain people may see this...but the northbound and southbound through traffic increased significantly as did the westbound right -turn movement. The northbound traffic increase is really the result of re -direction of traffic...the northbound left -turn difference is equal to the northbound through increase. However, the southbound through movement l believe is the actual increase from the opening of Chapman, as is the increase in the westbound right -turn movement. Anyway, those are my thoughts without doing too much analysis of the numbers and is really more of an explanation for you than anything (sorry...long winded description). Please let me know if more is needed. Thanks again Lori, Sean Sean Messner, P.E. Senior Traffie Engineer City of Spokane Valley 11707 E, Sprague, Suite 106 Spokane Valley, WA 99206 Phone: 509.720.5011 Fax: 509.688,0261 Email: smessner@spokanevalley.org 1 PM Peak Hour Turning Movement Counts - Barker Road & Sprague Avenue PM @ Barker/Sprague Eastbound Westbound Northbound Southbound Total Left Thru Right Left Thru Right Left Thru Right Left Thru Right 10/1/2013 Individual 19 74 99 43 49 40 63 141 11 93 284 34 950 Approach 192 132 215 411 950 3/12/2014 Individual 19 79 87 29 57 60 33 [ 170 17 88 328 40 1,007 Approach 185 146 220 456 1,007 Difference Individual 0 5 -12 -14 8 20 -30 29 6 -5 44 6 57 Approach -7 14 5 45 57 % increase Individual 0,0% 6.8% -12.1% -32.6% 16.3% 50.0% -47.6% 20.6% 54.5% -5.4% 15.5% 17.6% 6.0% Approach -3.6% 10.6% 2.3% 10.9% 6.0% Isi,S;COMMUNITY DEVELOPMENT Proposed 2014 Comprehensive Plan Amendments Admin Report May 13 2014 Proposed 2014 Comprehensive Plan Amendments 1 1s2>kai COMMUNITY DEVELOPMENT llcy City -Initiated Map Amendment Project Number CPA -01-14 Applicant: City of Spokane Valley 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 Application Change City -owned parcel 45101.9068 from Parks/Open Description Space to Mixed Use Center Proposed 2014 Comprehensive Plan Amendments 2 Spokane COMMUNITY DEVELOPMENT j��lIey ©WISLON 1 0 ■ ■ Proposed 2014 Comprehensive Plan Amendments 3 5pokaniley COMMUNITY DEVELOPMENT j --f�lVl&iON Proposed 2014 Comprehensive Plan Amendments 4 2 jt:� e COMMUNITY DEVELOPMENT IlEe�.. WANNINT -`==aFVi�kON Privately Initiated Map Amendment Project Number Applicant: Application Description Spokane County Regional Animal Protection Services (SCRAPS) 2521 North Flora Road Spokane Valley, WA 99216 Change parcel 35124.0813 from Low Density Residential to Corridor Mixed Use Proposed 2014 Comprehensive Plan Amendments 5 COMMUNITY DEVELOPMENT r3rVISI ON .�- i1-,�-�n sh..p.A,�r —r v { 3 •snub-._ Viti I «II Proposed 2014 Comprehensive Plan Amendments 3 spa COMMUNITY DEVELOPMENT Proposed 2014 Comprehensive Pian Amendments 7 S %€:; COMMUNITY DEVELOPMENT irTr‘TreThinNir' - -0NV4SION Privately Initiated Map Amendment Project Number Applicant(s): Property Owner(s):. Whipple Consulting Engineers, Inc. Teresa and Wendell Olsen Application Description Change parcel 55173,1005 from Low Density Residential Designation to High Density Residential Designation Proposed 2014 Comprehensive Plan Amendments S 4 sp,„e COMMUNITY DEVELOPMENT 41'.. —zi 1 T (� Proposed 2014 Comprehensive Plan Amendments Proposed 2014 Comprehensive Plan Amendments 5 From: Diana Jones -Independent CAbi Consultant [mailto:dinanners@aol.comj Sent: Tuesday, May 13, 2014 4:08 PM To: Lori Barlow Subject: Apartment complex on sprague/barker I would like to submit a request to deny the building of the 110 unit complex trying to be put on sprague/barker. Thank you From: Tami Brining [mailto:tamibrining@gmail.com] Sent: Tuesday, May 13, 2014 6:47 PM To: Lori Barlow Cc: bkberge28@yahoo.com; sean wiliiams Subject: high density housing proposal for greenacres, wa. Dear Spokane Valley City Council, I'm writing this letter to you in regard to the high density proposal for Sprague and Barker residential area in Greenacres, Washington. I live within a mile from that area in a neighborhood surrounded by other home owners and families that have invested in their community. We all have concerns about the proposal of high density housing for many reasons which I've listed below. The most concerning is that the change goes against the characteristics of the neighborhood and is a step back for all of the home owners in the community. The following deleterious effects can be expected if the proposal succeeds: 1. High density residence goes against the characteristics of the neighborhood. 2. Lowered property values for local home owners. 3. Less investment in the community by temporary and nomadic residents. 4. There are multiple other high density, unfilled, affordable units available within a 2 mile radius from the proposed site, which questions the need or demand to place another unit. 5. Traffic burdens at the Sprague/Barker, Appleway/Barker, and I-90 access points will increase. 6. Increased crime rates by transient renters of high density housing who don't have any investment in the local community. 7. Increased burden on Greenacres Elementary and Middle School with higher than the already existing transfer rates. In all honesty, I could continue the list, but for the sake of simplicity will leave it with the 7 major concerns above. Please take this into consideration when making your decision about this proposal. To our local community it means a great deal to be able to raise our families in a safe, hard-working, valued neighborhood. Respectfully, Tamara Brining Tamara Brining PA -C, MMSc Valley Etnergency Room Assistant Medical Director Rockwood Health System 1 Proposed 2014 Comprehensive Plan Amendments Admin Report May 13 2014 Proposed 2014 Comprehensive Plan Amendments 1 Project Number CPA -01-14 City -Initiated Map Amendment Applicant: Application Description City of Spokane Valley 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 Change City -owned parcel 45101.9068 from Parks/Open Space to Mixed Use Center Proposed 2014 Comprehensive Plan Amendments j::�� COMMUNITY DEVELOPMENT SPOKANE VA\LLE %;r Proposed 2014 Comprehensive Plan Amendments 3 SOka COMMUNITY DEVELOPMENT ....do Val ley 45034.9044 45101.9068 5105.9010 Centennial -I 1. tin.] 1 i.1IIuJ1 Proposed 2014 Comprehensive Plan Amendments Privately Initiated Map Amendment Project N umber Applicant: CPA -02-14 Spokane County Regional Animal Protection Services (SCRAPS) 2521 North Flora Road Spokane Valley, WA 99216 Application Description Change parcel 35124.0813 from Low Density Residential to Corridor Mixed Use Proposed 2014 Comprehensive Plan Amendments . f s1•'s F V R 1-t 11 C .!°44riddligla N to AO, IViansfield Av—Mansfield'Av.= E _ x ' P, ni ![nox AvT �, a dal ui I IINIINI 3,0 JI P' —IJI'yi F ald win-Av Y , Boone Avv B 0 .00 . 4. 4 ik —Stia1rp-Av 0 pyV H o - C 1 0 MM f M Carlisle IN I CC -73 tC Jo A 3 0 LLL, 1 7_ 11 11101111A 1� u OM 1M imolom Montgomery=Av a z-¢„ 1- 0 s POKIANE } AL ii`Av Proposed 2014 Comprehensive Plan Amendments fro O▪ . m a Carlisle A f Ems II WWI CYC t1 u' CI I)� Shannon 13- Indiana bIndiana na`ena-ILII r-Batdwin'iAv -cs 0 ▪ 7,1 a- s � I I florae ri 1~i i 1 11 Av Av 111!111 fSaldtivin AV rim 111111 11 11111111_ —Max,,veltAv: c carp Av CI •.}. f®Boone_Av • Sharp O. fp _ r n AN 111 Av Av_ 1111111111 Augusta Av BEIM 1*■■ - Maxwell Av nto_Av @ R — = a— Boone Ayit= 6 j::�� COMMUNITY DEVELOPMENT �-I 0 ict et. 4.i Proposed 2014 Comprehensive Plan Amendments 7 Privately Initiated Map Amendment Project Number Applicant(s): Property Owner(s): Application Description CPA -03-14 Whipple Consulting Engineers, Inc. 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L ark 4th Av - 6th-Av ue_ 2nd Av_ 0 o. fo f J 55174.9035 55174.9007 55174.9022 Main -AV 'T9 Riverside AV Av o.r v 1st Ai .! • a ■ ■n ¥'j 6. th-AV v, z_ Cecili 1 Av0 x io o' o a a _ �1 I 4 6t;hh Avg i- au 1 8th AT� Proposed 2014 Comprehensive Plan Amendments ti v 1 N 0 m 40 ro TFT1st Av1st PSF 0 R Micaview Dr o. 0 6th-Av- 11111 9 j::�� COMMUNITY DEVELOPMENT Proposed 2014 Comprehensive Plan Amendments 10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 20, 2014 Check all that apply: ['consent ❑ old business ['information ® admin. report Department Director Approval: ['new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Stormwater Capital Improvement Plan 2015-2020 GOVERNING LEGISLATION: RCW 90.48, Chapter 173-200 WAC, Title 33 U.S.C. 1251-1376; Storm and Surface Water Utility: Spokane Valley Municipal Code 3.80; RCW 36.36.040; PREVIOUS COUNCIL ACTION TAKEN: Approval of 2014-2019 SW CIP May 28, 2013. BACKGROUND: Staff has developed a Stormwater Capital Improvement Plan (SW CIP) that organizes and prioritizes top stormwater problems and concerns based on public health and safety needs and balances those needs with available local, state, and federal resources. The program identifies a list of projects that will make improvements to address or remedy top problems. Funding for projects in the SW CIP could come through grants, available capital funds in the Stormwater Utility 402 account, and the Aquifer Protection Area (APA) Fund 403. It includes a goal to balance working capital to $1 M in reserves in the 402, and $500k in the 403 accounts. Fund strategy includes maximizing local funds to the highest extent through grant applications for outside funding of the highest priority projects. If the City does not receive grants in the amounts required for certain projects, the City could decide to proceed with the project with added local funds or delay the project until funding becomes available. Staff would like to bring the proposed SW CIP to the Council on the May 27, 2014 meeting for its consideration and approval. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Council Consensus to add the proposed 2015-2020 Stormwater Capital Improvement Plan to the May 27, 2014 Council agenda for consideration and approval. BUDGET/FINANCIAL IMPACTS: Impacts include 2015 budget requests and discussion for future budget years in the 402 and 403 funding accounts. STAFF CONTACT: Eric Guth, Public Works Director; Art Jenkins, Stormwater Engineer ATTACHMENTS: 2015-2020 Stormwater Capital Improvement Plan; Presentation 2015-2020 STORMWATER CAPITAL IMPROVEMENT PLAN MAY 2014 Spci„okane~ jUalley PUBLIC WORKS DEPARTMENT STORMWATER UTILITY OVERVIEW The 2015-2020 Stormwater Capital Improvement Plan (SW-CIP) was developed to give Utility staff and City leaders guidance and direction on what priority projects should be advanced for design and construction during the next six years. As adopted by City Council, the plan allows Utility staff to apply for grants to assist in funding the projects listed in the plan. It also helps in the preparation of annual budgets in future years. This document outlines the current goals of the Capital Improvement Program, the 2015-2020 plan development, immediate year proposed budget levels, project summary listing, and proposed project locations, descriptions, and planning level cost estimates. CAPITAL PROGRAM GOALS The 2015-2020 plan developed with the following program goals in mind: 1. Improve failing locations or areas that show the highest possibilities of flood damage. 2. Reduce the number of City -owned stormwater outfalls to surface waters in half by 2020. 3. Eliminate or reduce the highest potential threats to groundwater from stormwater facilities. 4. Maximize impact of local funding available for stormwater projects by receiving available grant funding. IMPROVEMENT PLAN DEVELOPMENT The plan's basis came about through the review, assessment, and evaluation of current needs and the assumed availability of future resources. IDENTIFIED NEEDS Needs identified included improvement of water quantity and quality benefits. The needs list came from the following: 1. Citizen action requests dealing with street runoff. These were investigated and evaluated for the seriousness and legitimacy of the cases reported. 2. A State Department of Ecology required assessment and retrofit plan of City -owned drywells to reduce threats to groundwater. 3. The NPDES Permit requiring improvements to protect surfaces waters of the State. 4. Staff identified problem locations in storm drainages, flood ways, and floodplains that run through, and infiltrate within the City limits. Conceptual ideas to mitigate or make improvements to address priorities furthered project lists. Additional development of concepts produced general information regarding size and scope of projects and included a planning level estimate. Many estimates in this plan do not have a complete project definition and therefore have a range of accuracy of 100% more or 50% less than incurred actual costs. As projects are defined better in upcoming years, accuracies will improve. FORECASTED AVAILABILITY OF FUTURE RESOURCES Future resources identified included grant funding, local stormwater utility fees, and aquifer protection fees: • Current levels of grant funding have increased over the past several years as the City seized on opportunities available through State Department of Ecology grants. The City continues to successfully apply for and receive up to $1,000,000 per eligible project. It appears that the State will continue to offer these types of grants, although the total amount available to the City is up to the Legislature, a competitive selection process, and the City's ability to compete. The Department of Ecology's changes this year to its process for awarding stormwater grants is a significant change that will result in a longer schedule to award projects. The 2015-2020 Stormwater CIP considers this change and moves several projects to the 2016 year for construction, even when the majority of design work is schedule to be completed in 2014. • In light of the fact that the City has enjoyed a well-managed and healthy capital fund balance in the Stormwater Utility fund each year, the City continues to be highly competitive for these types of grants due to the typical 13.5% to 25% required local match for many opportunities. The health of the City's capital funding through local match from the 402 Stormwater Utility fund are moderately threatened as operational costs are expected to increase. Pressures on the recurring budget include inflation, responding to the large backlog of structural cleaning needs, and to adequately deal with the maintenance needs of an increasingly aging infrastructure. Local stormwater utility fees and budgets in the past have offered in the range of $200,000 to $400,000 each year towards Stormwater Improvements. Finding increased efficiencies in the past have allowed the utility to experience savings on the recurring budget side, allowing for additional capital project work to be completed, as demonstrated recently in additional expenditures to bring the reserve account down in the neighborhood of $1,000,000. However, the additional constraints on the recurring (operations) side of the budget may continue to erode the availability of capital on the non-recurring side of the budget. This may become even more apparent in the next several years as additional stormwater structure cleaning (vactoring) is employed to get caught up with the backlog of cleaning the City faces. It is suggested that within the next few years, the Stormwater Utility perform a rate study to determine if scheduled needs and non-recurring capital needs can be adequately addressed under the current funding levels and programs. • Aquifer Protection Fees were previously estimated to generate approximately $500,000 each year for the City, but actuals received from the County in 2013 were less. Adjustments to the 2015 suggested budget show this change in projected revenue amount to reflect the slight reduction. Of note for this funding source, the Aquifer Protection fees will sunset in 2025 under the arrangement passed by voters in 2004. During the next 6 years, it is suggested that the Stormwater Utility look at if there are projects needed and warranted to be funded in part by this funding mechanism past the 2025 curfew. 2015 - 2020 STORMWATER CAPITAL IMPROVEMENT PLAN SUMMARY Project 2015 2016 2017 2018 2019 2020 Total Grant? APA Annual Small Works Projects 300 300 300 300 300 300 1,800 x Retrofits with Pavement Preservation Projects 300 300 300 300 300 300 1,800 x x Broadway, Havana to Fancher SD Retrofit 1,200 1,200 x x Havana -Yale Diversion 280 280 x x Ponderosa Surface Water Diversion 230 230 x x Chester Cr Wetland Overflow Improvements 40 160 200 x x Wellhead Protection Study and Pre -Design 80 80 x x Dishman-Mica Infiltration Facility Plan 40 40 x x Glenrose Surface Water Diversion 280 280 x x Montgomery, Argonne to Mansfield Retrofit 115 1,185 1,300 x x Petroleum Transport Routes, Spill Protection 200 200 x x NW Yardly Retrofits (Area NW of Fancher/Broadway) 100 1,150 1,250 x x Dishman-Mica, 16th to Appleway Retrofits 300 300 x x NE Yardly Retrofits (Area East of Fancher & North of 1-90 100 900 1,000 x x Veracrest Groundwater/Stormwater Conveyance 350 350 x x Argonne, 1-90 to Montgomery Retrofits 400 400 x x Sloan's Addition (15th/Stanley) 250 250 x Heather Park (16th & Rocky Ridge) SD Improvements 300 300 x Bowdish, 32nd to 20th SD Improvements 1,920 2,100 2,150 600 600 x x Totals: 1,905 2,285 1,500 11,860 402 STORMWATER UTILITY FUND PROPOSED NON-RECURRING 2015 BUDGET REVENUE Total 2014 projected working capital balance (reserve) Grant reimbursements (est. additional to 2014 budget) Anticipated savings from 2014 projects 1,056,078 470,000 75,000 Total Fundin. Available: 1,601,078 EXPENDITURES Total Small works projects Retrofits w/pavement preservation projects Total Expenditures: 300,000 300,000 600,000 403 APA FUND PROPOSED NON-RECURRING 2015 BUDGET REVENUE 2014 projected working capital balance (reserve) Spokane County Grant reimbursements Total Fundin. Available: Total 337,006 480,000 1,060,000 1,877,006 EXPENDITURES Broadway, Havana to Fancher SD Retrofit Chester Cr Wetland Overflow Improvements Wellhead Protection Study/Pre-design Total Expenditures: Total 1,200,000 40,000 80,000 1,320,000 2015-2020 Stormwater CIP Project Detail Sheets,,,,, Sheet 1 of 29 Proposed Start: 2015 Project: 2015 Stormwater Small Works Projects Description: Improvements of stormwater facilities at various locations throughout the City on an annual basis. These projects were developed and prioritized from Stormwater Action Requests that staff have evaluated. Typically designed and managed by utility staff. Category: Flood Mitigation Managing Fund: SW Utility - Fund 402 FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $40,000.00 2014 SW Utility - Fund 402 $300,000.00 2015 Total $340,000.00 Grant Candidate ❑ Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2014 $40,000.00 Design 2015 $40,000.00 Construction 2015 $260,000.00 Total $340,000.00 May 2014 Sheet 2 of 29 Proposed Start: 2015 Project: 2015 Retrofits with Pavement Preservation Projects Description: Annual program to address stormwater improvements on Arterials associated with the Pavement Preservation Program. Based on pavement preservation project list and the UIC Retrofit Plan. Category: Aquifer Protection - UIC Retrofit Managing Fund: SW Utility - Fund 402 FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $40,000.00 2014 SW Utility - Fund 402 $260,000.00 2015 Total $300,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2014 $40,000.00 Construction 2015 $260,000.00 Total $300,000.00 May 2014 Sheet 3 of 29 Proposed Start: 2014 Project: Broadway, Havana to Fancher SD Retrofit Description: Project will provide a needed UIC retrofit. This project will improve or abandon existing drywells by providing conveyance and treatment facilities. Ranks as the top UIC retrofit project after the Sprague UIC Retrofit, Park to Thierman project. Project is a strong candidate for State stormwater grants. Planning level estimate shown. Category: Aquifer Protection - UIC Retrofit Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr Ecology Grant $60,000.00 2014 APA - Fund 403 $60,000.00 2014 APA - Fund 403 $250,000.00 2015 Ecology Grant $930,000.00 2015 Total $1,300,000.00 Grant Candidate W Grant Received W ESTIMATED COSTS Phase Year EstCost Design 2014 $100,000.00 Construction 2015 $1,200,000.00 Total $1,300,000.00 May 2014 Sheet 4 of 29 Proposed Start: 2014 Project: Havana -Yale Diversion Description: Intercept possible discharges to City of Spokane Sewer System. Route stormwater discharges out of Spokane sewer to new stormwater swale, and provide infiltration to ground. Will help the City meet current stormwater permit requirements. Grant candidate. Planning level estimate shown. Category: Outfall Elimination Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr Ecology Grant 2016 Ecology Grant $20,000.00 2014 APA - Fund 403 $70,000.00 2016 Total $90,000.00 Grant Candidate ❑� Grant Received ❑ CJty of Spokane Cure r 109 ESTIMATED COSTS Phase Year EstCost Design 2014 $20,000.00 2016 $280,000.00 $300,000.00 Total E 14" Spokane Valley E it#1 A 1561 AV. E tSlh Awe May 2014 Sheet 5 of 29 Proposed Start: 2014 Project: Ponderosa Surface Water Diversion Description: Route existing stormwater discharges currently going to the Chester Creek to project constructed stormwater treatment and provide infiltration to ground. Would help the City meet current stormwater permit requirements. Grant candidate. Planning level estimate shown. Category: Outfall Elimination Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr Ecology Grant 2016 Ecology Grant $20,000.00 2014 APA - Fund 403 $57,500.00 2016 Total $77,500.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2014 $20,000.00 Construction 2016 $230,000.00 Total $250,000.00 May 2014 Sheet 6 of 29 Proposed Start: 2015 Project: Chester Creek Wetland Overflow Improvements Description: Project to replace existing embankment overflow channel with a concrete embankment overflow channel to mitigate vegetation clogging the current flow path from the existing wetland area. This work will help decrease the overflows from the wetland area across Thorpe Road during heavy runoff volumen periods in Chester Creek. Within City -owned easement. Possible candidate for a FEMA flood grant. Planning level estimate shown. Category: Flood Mitigation Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr Ecology Grant 2016 SW Utility - Fund 402 $40,000.00 2015 Total $40,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2015 $40,000.00 Construction 2016 $160,000.00 Total $200,000.00 May 2014 Sheet 7 of 29 Proposed Start: 2015 Project: Wellhead Protection Study and Pre -Design Description: Study work would identify and develop projects that would meet upcoming wellhead protection parameters. Projects will help protect water purveyor's wells from possible contamination from existing City Utility stormwater infiltration systems. Generate list of projects, develop possible solution alternatives, and provide cost estimates. Possible Centennial Water grant candidate. Planning level estimate shown. Category: Aquifer Protection - UIC Retrofit Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr APA - Fund 403 $20,000.00 2015 Total $20,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Pre -Design 2015 $80,000.00 Total $80,000.00 May 2014 Sheet 8 of 29 Proposed Start: 2016 Project: 2016 Stormwater Small Works Projects Description: Improvements of stormwater facilities at various locations throughout the City on an annual basis. These projects were developed and prioritized from Stormwater Action Requests that staff have evaluated. Typically designed and managed by utility staff. Category: Flood Mitigation Managing Fund: SW Utility - Fund 402 FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $20,000.00 2015 SW Utility - Fund 402 $280,000.00 2016 Total $300,000.00 Grant Candidate ❑ Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2015 $20,000.00 Design 2016 $10,000.00 Construction 2016 $270,000.00 Total $300,000.00 flll'rcmitttti, May 2014 Sheet 9 of 29 Proposed Start: 2016 Project: 2016 Retrofits with Pavement Preservation Projects Description: Annual program to address stormwater improvements on Arterials associated with the Pavement Preservation Program. Based on pavement preservation project list and the UIC Retrofit Plan. Category: Aquifer Protection - UIC Retrofit Managing Fund: SW Utility - Fund 402 FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $40,000.00 2015 SW Utility - Fund 402 $260,000.00 2016 Total $300,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2015 $40,000.00 Construction 2016 $260,000.00 Total $300,000.00 May 2014 Sheet 10 of 29 Proposed Start: 2016 Project: Dishman-Mica Infiltration Facility Plan Description: Determine current capacity of infiltration pit located near Dishman-Mica and 28th Ave, provide routine inspection and maintenance plan. Upgrade facility with suggested recommendations. Grant candidate under Ecology Centennial Water. Planning level estimate shown. Category: Operations Managing Fund: SW Utility - Fund 402 FUNDING Fund Amount Fund Yr Ecology Grant 2016 SW Utility - Fund 402 $10,000.00 2016 Total $10,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Pre -Design 2016 $40,000.00 Total $40,000.00 May 2014 Sheet 11 of 29 Proposed Start: 2016 Project: Glenrose Surface Water Diversion Description: Route existing stormwater discharges currently going to Glenrose Drainage to new treatment facilities. Negotiate easements, improve existing facilities, and provide infiltration to ground. Will help the City meet current stormwater permit requirements. Grant candidate. Planning level estimate shown. Category: Outfall Elimination Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr Ecology Grant 2016 Ecology Grant $20,000.00 2014 APA - Fund 403 $70,000.00 2016 Total $90,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2016 $60,000.00 Construction 2016 $240,000.00 Total $300,000.00 May 2014 Sheet 12 of 29 Proposed Start: 2016 Project: Montgomery, Argonne to Mansfield Retrofit Description: Project will retrofit and install treatment to drywells identified in UIC Assessment and Retrofit Plan. Strong candidate for State stormwater grant funding. Planning level estimate shown. Category: Aquifer Protection - UIC Retrofit Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr Ecology Grant 2017 APA - Fund 403 $115,000.00 2016 APA - Fund 403 $185,000.00 2017 Total $300,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2016 $115,000.00 Construction 2017 $1,185,000.00 Total $1,300,000.00 May 2014 Sheet 13 of 29 Proposed Start: 2016 Project: Petroleum Transport Routes, Spill Protection Description: Identify major petroleum transport routes, size and install spill protection on existing city drywells on those routes. Good candidate for State stormwater grant. Planning level estimate shown. Category: Aquifer Protection Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr Ecology Grant 2016 APA - Fund 403 $50,000.00 2016 Total $50,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2016 $20,000.00 Construction 2016 $180,000.00 Total $200,000.00 May 2014 Sheet 14 of 29 Proposed Start: 2017 Project: 2017 Stormwater Small Works Projects Description: Improvements of stormwater facilities at various locations throughout the City on an annual basis. These projects were developed and prioritized from Stormwater Action Requests that staff have evaluated. Typically designed and managed by utility staff. Category: Flood Mitigation Managing Fund: SW Utility - Fund 402 FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $20,000.00 2016 SW Utility - Fund 402 $280,000.00 2017 Total $300,000.00 Grant Candidate ❑ Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2016 $20,000.00 Design 2017 $10,000.00 Construction 2017 $270,000.00 Total $300,000.00 May 2014 Sheet 15 of 29 Proposed Start: 2017 Project: 2017 Retrofits with Pavement Preservation Projects Description: Annual program to address stormwater improvements on Arterials associated with the Pavement Preservation Program. Based on pavement preservation project list and the UIC Retrofit Plan. Category: Aquifer Protection - UIC Retrofit Managing Fund: SW Utility - Fund 402 FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $40,000.00 2016 SW Utility - Fund 402 $260,000.00 2017 Total $300,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2016 $40,000.00 Construction 2017 $260,000.00 Total $300,000.00 May 2014 Sheet 16 of 29 Proposed Start: 2017 Project: NW Yardly Retrofits (Area NW of Fancher/Broadway) Description: A number of locations have ongoing drainage problems due to narrow pavement and truck parking areas along existing roadways. Project will retrofit and install treatment to drywells identified in UIC Assessment and Retrofit Plan. Strong candidate for State stormwater grant funding. Planning level estimate shown. Category: Aquifer Protection - UIC Retrofit Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr Ecology Grant 2018 APA - Fund 403 $100,000.00 2017 APA - Fund 403 $150,000.00 2018 Total $250,000.00 Grant Candidate ❑� Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2017 $100,000.00 Construction 2018 $1,150,000.00 Total $1,250,000.00 May 2014 Sheet 17 of 29 Proposed Start: 2017 Project: Dishman-Mica, 16th to Appleway Retrofits Description: Project will retrofit and install treatment to drywells identified in UIC Assessment and Retrofit Plan as needing improvements. Possible use of existing railroad right of way to take stormwater from roadway and treat in new swales to be built with the project. Planning level estimate shown. Category: Aquifer Protection - UIC Retrofit Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr Ecology Grant 2017 APA - Fund 403 $75,000.00 2017 Total $75,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2017 $50,000.00 Construction 2017 $250,000.00 Total $300,000.00 May 2014 Sheet 18 of 29 Proposed Start: 2017 Project: NE Yardly Retrofits (Area East of Fancher & North of 1-90) Description: A number of locations have been ongoing drainage problems due to narrow pavement and truck parking areas along existing roadways. Project will retrofit and install treatment to drywells identified in UIC Assessment and Retrofit Plan as needing improvements. Project will convey and treat stormwater prior to using existing infiltration facilities. Strong candidate for State stormwater grant funding. Planning level estimate shown. Category: Aquifer Protection - UIC Retrofit Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr Ecology Grant 2019 APA - Fund 403 $100,000.00 2017 APA - Fund 403 $150,000.00 2019 Total $250,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2017 $100,000.00 Construction 2019 $900,000.00 Total $1,000,000.00 May 2014 Sheet 19 of 29 Proposed Start: 2018 Project: 2018 Stormwater Small Works Projects Description: Improvements of stormwater facilities at various locations throughout the City on an annual basis. These projects were developed and prioritized from Stormwater Action Requests that staff have evaluated. Typically designed and managed by utility staff. Category: Flood Mitigation Managing Fund: SW Utility - Fund 402 FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $20,000.00 2017 SW Utility - Fund 402 $280,000.00 2018 Total $300,000.00 Grant Candidate ❑ Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2017 $20,000.00 Design 2018 $10,000.00 Construction 2018 $270,000.00 Total $300,000.00 May 2014 Sheet 20 of 29 Proposed Start: 2018 Project: 2018 Retrofits with Pavement Preservation Projects Description: Annual program to address stormwater improvements on Arterials associated with the Pavement Preservation Program. Based on pavement preservation project list and the UIC Retrofit Plan. Category: Aquifer Protection - UIC Retrofit Managing Fund: SW Utility - Fund 402 FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $40,000.00 2017 SW Utility - Fund 402 $260,000.00 2018 Total $300,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2017 $40,000.00 Construction 2018 $260,000.00 Total $300,000.00 May 2014 Sheet 21 of 29 Proposed Start: 2018 Project: Veracrest Groundwater/Stormwater Conveyance Description: Secure conveyance and treatment easement(s), install groundwater drains, install pretreatment and stormwater pipe, connect to existing Stormwater Treatment Ponds. This work would likely coincide with a roadway rebuild project. Subsurface drainage improvements would help preserve the roads longer. Funding could come from Stormwater Utility 402, formation of an RID, or new Neighborhood "Drainwater Account" that would pay back the Stormwater fund over a series of years for the improvements installed. Planning level estimate shown. Category: Groundwater Conveyence Managing Fund: SW Utility - Fund 402 FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $350,000.00 2018 Total $350,000.00 Grant Candidate ❑ Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2018 $70,000.00 Construction 2018 $280,000.00 Total $350,000.00 May 2014 Sheet 22 of 29 Proposed Start: 2019 Project: 2019 Stormwater Small Works Projects Description: Improvements of stormwater facilities at various locations throughout the City on an annual basis. These projects were developed and prioritized from Stormwater Action Requests that staff have evaluated. Typically designed and managed by utility staff. Category: Flood Mitigation Managing Fund: SW Utility - Fund 402 FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $20,000.00 2018 SW Utility - Fund 402 $280,000.00 2019 Total $300,000.00 Grant Candidate ❑ Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2018 $20,000.00 Construction 2019 $260,000.00 Total $280,000.00 May 2014 Sheet 23 of 29 Proposed Start: 2019 Project: 2019 Retrofits with Pavement Preservation Projects Description: Annual program to address stormwater improvements on Arterials associated with the Pavement Preservation Program. Based on pavement preservation project list and the UIC Retrofit Plan. Category: Aquifer Protection - UIC Retrofit Managing Fund: SW Utility - Fund 402 FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $40,000.00 2018 SW Utility - Fund 402 $260,000.00 2019 Total $300,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2018 $40,000.00 Construction 2019 $260,000.00 Total $300,000.00 May 2014 Sheet 24 of 29 Proposed Start: 2019 Project: Argonne, 1-90 to Montgomery Retrofits Description: This project is an identified need from the UIC Assessment and Retrofit Plan. Includes estimated costs for stormwater improvements for grant applications for possible street rebuild or PCC project. Planning level estimate shown. Category: Aquifer Protection - UIC Retrofit Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr Other 2019 APA - Fund 403 $100,000.00 2019 Total $100,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2019 $80,000.00 Construction 2019 $320,000.00 Total $400,000.00 May 2014 Sheet 25 of 29 Proposed Start: 2019 Project: Sloan's Addition (15th/Stanley) Groundwater/Stormwater Conveyance Description: Secure conveyance and treatment easement(s), install groundwater drains, connect to existing structures in 15th one block away that appear to be working adequately. This work would likely coincide with a roadway rebuild project. Subsurface drainage improvements would help preserve the roads longer. Funding could come form Stormwater Utility, formation of an RID, or though the formation of a new Neighborhood "Drainwater Account" that would pay back the Stormwater fund over a series of years for the improvements installed. Planning level estimate Category: Groundwater Conveyence Managing Fund: APA - Fund 403 FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $250,000.00 2019 Total $250,000.00 Grant Candidate ❑ Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2019 $50,000.00 Construction 2019 $200,000.00 Total $250,000.00 May 2014 Sheet 26 of 29 Proposed Start: 2019 Project: 2020 Stormwater Small Works Projects Description: Improvements of stormwater facilities at various locations throughout the City on an annual basis. These projects were developed and prioritized from Stormwater Action Requests that staff have evaluated. Typically designed and managed by utility staff. Category: Managing Fund: FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $300,000.00 2020 Total $300,000.00 Grant Candidate ❑ Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2019 $20,000.00 Design 2020 $20,000.00 Construction 2020 $260,000.00 Total $300,000.00 May 2014 Sheet 27 of 29 Proposed Start: 2019 Project: 2020 Retrofits with Pavement Preservation Projects Description: Annual program to address stormwater improvements on Arterials associated with the Pavement Preservation Program. Based on pavement preservation project list and the UIC Retrofit Plan. Category: Managing Fund: FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $300,000.00 2020 Total $300,000.00 Grant Candidate W Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Design 2019 $20,000.00 Design 2020 $10,000.00 Construction 2020 $270,000.00 Total $300,000.00 May 2014 Sheet 28 of 29 Proposed Start: 2020 Project: Heather Park (16th & Rocky Ridge) SD Improvements Description: Secure conveyance and treatment easement(s), install groundwater drains, install pretreatment and stormwater pipe, convey to existing functioning ponds or drywells. This work would likely coincide with a roadway rebuild project. Subsurface drainage improvements would help preserve the roads longer. Funding could come form Stormwater Utility or though the formation of a new Neighborhood "Drainwater Account" that would pay back the Stormwater fund over a series of years for the improvements installed. Planning level estimate Category: Groundwater Conveyence Managing Fund: Un -Funded List FUNDING Fund Amount Fund Yr SW Utility - Fund 402 $300,000.00 2020 Total $300,000.00 Grant Candidate ❑ Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Construction 2020 $300,000.00 Total $300,000.00 May 2014 Sheet 29 of 29 Proposed Start: 2020 Project: Bowdish, 32nd to 20th SD Improvements Description: Install conveyance, treatment, storage, and discharge facilities to improve Bowdish road corridor. Improve or decommission existing drywells. Planning level estimate shown. Category: Aquifer Protection - UIC Retrofit Managing Fund: Un -Funded List FUNDING Fund Amount Fund Yr APA - Fund 403 $600,000.00 2020 Total $600,000.00 Grant Candidate ❑ Grant Received ❑ ESTIMATED COSTS Phase Year EstCost Construction 2020 $600,000.00 Total $600,000.00 May 2014 Stormwater Utility Capital Improvement Program 1 20 May 2014 Public Works Department ‘*oinfivor‘st44-10.* 1. 0 fc.-.--=._7, .a '',...:......'..."' g )4„ 5TIJRM DRAIN DAN Stormwater Utility Capital Improvement Program Purposes of the Program How Projects are Programmed 402 Fund Working Capital 2014 Project List 2015-2020 SIP Projects CIP Purposes Leverage funding opportunities Align the utility's planning, engineering, and financial inputs in one guiding document Return the best value to ratepayers Part 1 How Projects are Programmed Li.—Needs Identified 2. Develop Concepts for Priorities 3 . Proj ect List 4. Funds Available 5. Schedule 6 -Year Stormwater Capital Improvement Plan (SW CIP) Part 2 How Projects are Programmed5 6 -Yr Stormwater Capital Improvement Plan (SW CIP) Council Approval Staff Pursues Viable Grant Opportunities 1 Projects Included in Budget Approval Process 402 Fund Reserves 2013 Initial: $2.7M unallocated Current backlog of issues, UIC Retro's with Pavement Preservation Projects Recommended $1M minimum in reserve Should be close to target by 2015 7 2015-2020 Stormwater Improvement Plan Summary Project 2015 2016 2017 2018 2019 2020 Total Grant? APA Annual Small Works Projects 300 300 300 300 300 300 1,800 x Retrofits with Pavement Preservation Projects 300 300 300 300 300 300 1,800 x x Broadway, Havana to Fancher SD Retrofit 1,200 1,200 x x Havana -Yale Diversion 280 280 x x Ponderosa Surface Water Diversion 230 230 x x Chester Cr Wetland Overflow Improvements 40 160 200 x x Wellhead Protection Study and Pre -Design 80 80 x x Dishman-Mica Infiltration Facility Plan 40 40 x x Glenrose Surface Water Diversion 280 280 x x Montgomery, Argonne to Mansfield Retrofit 115 1,185 1,300 x x Petroleum Transport Routes, Spill Protection 200 200 x x NW Yardley Retrofits (Area NW of Fancher/Broadway) 100 1,150 1,250 x x Dishman-Mica, 16th to Appleway Retrofits 300 300 x x NE Yardley Retrofits (Area East of Fancher & North of 1-90 100 900 1,000 x x Veracrest Groundwater/Stormwater Conveyance 350 350 x x Argonne, 1-90 to Montgomery Retrofits 400 400 x x Sloan'sAddition (15th/Stanley) 250 250 x Heather Park (16th & Rocky Ridge) SD Improvements 300 300 x Bowdish, 32nd to 20th SD Improvements 600 600 x x Totals (in Thousands $): 1,920 1,905 2,285 2,100 2,150 1,500 11,860 �m 2015 Projects Small Works — Projects UIC Retros w/Pavement Preservation Broadway, Havana to Fancher Construction Chester Cr Wetland Overflow Improvements Pre -Design Wellhead Protection Study and Pre -Design Study/Pre-Design Design/Const Design/Const Proposed Bud•e 300,000 300,000 11200,000 40,000 80,000 $1,920,000 Small Works Project $300,000 loo % local from 402 Stormwater Utility fund Improves stormwater problems at various locations throughout the City Projects developed from prioritized list from action requests received from public Retrofits with Pavement Preservation $300,000 13.5 to l00% local from 402 Stormwater Utility fund Some installations are grant eligible Makes improvements to stormwater facilities in conjunction with pavement preservation projects to maximize benefit to community Projects developed from UIC retrofit plan, pavement program 11 II Broadway, Havana to Fancher $1,200,000 in 2015 25% local from 403 Aquifer Protection fund 75% Ecology grant funded! Removes up to 38 drywells Project developed from UIC retrofit plan Looking at options to including swales, bio -boxes, catchbasin retrofits Chester Cr Wetland Overflow Improvements $40,000, pre -design only in 2015 Full design/construction for 2016 Seeking grant opportunities to fund with a 2o% local match Deals with ongoing maintenance issue for overflow from wetland area, overtopping of Thorpe Road Wellhead Protection Study and Pre -Design $8o,000 Study/master planning in 2015 Seeking grant opportunities Aquifer Protection Area fund local match Improves water quality protection from stormwater systems in "areas of influence" wellhead areas Ell Next Steps -7.--- May 27th Council: - Motion to Approve the 2015- 2020 SW CIP 2015-2020 Stormwater Capital Improvement Plan (SW CIP) Questions? Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action May 20, 2014 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Appleway Landscaping — Phase 1 Update GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: 21 May 2013 Council consensus to start design work for Phase 1, Dora to Park Road; Ordinance 13-016, Adoption of 2014 Budget BACKGROUND: Based on information gained through project development, City staff would like to propose separating the sidewalk, where right-of-way is available, between Dora and Park Road. Separating the sidewalks presents the following opportunities: • more aesthetically pleasing and closer in appearance to the adjoining Sprague project • snow storage next to the curb, saving property owners and businesses from the responsibility of moving the snow berm on a sidewalk left by City forces. • a cleaner resolution to a long-standing problem with the approach/driveway swale inlets to the existing swales, which are more difficult to maintain than curb inlets. Adding this improvement would extend the anticipated project completion date from the end of August to the end of September. Additional funding would be required, and could be funded through the stormwater utility 402 account. This is stormwater related work that will address ongoing issues and problems related to driveway drainage. The City is moving ahead with a pavement overlay of this section of Appleway Blvd. The overlay project will included extending casing pipes across Appleway, Coleman, and Girard to allow water and low -voltage electrical to be extended for irrigation for the landscape project. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: Separating sidewalks will require an additional $90,000 to complete in addition to previous project budget estimates. STAFF CONTACT: Eric Guth — Public Works Director Art Jenkins — Stormwater Engineer ATTACHMENTS: Project update presentation Appleway Landscaping - Phase 1 Dora to Park Rd project Update City of Spokane Valley 20 May 2014 1 Appleway Landscaping —Phase 1 Council concurrence, May 2013: Start design work on Phase 1 from Dora Street to Park Road 2014 Budget approved $250,000 from street fund for landscaping Stormwater improvements from stormwater utility fund 402 2 Design Development • Council: 1st project on Appleway, make it look like the Sprague improvements, economic development Staff: sets tone for next projects on corridor stormwater Utility: problem with drainage at drive approaches, parking in swales Property owners: plowing from road leaves snow berms on sidewalks, which they are then responsible for clearing 3 Options Option 1 - landscape behind sidewalk, install edging at property line Option 2 — install new separated sidewalk, landscape between sidewalk and curb Appleway Boulevard: Coleman to Park AERIAL VIEW 'ANDSCAPE ARCHEIECTS \Appleway Boulevard: Coleman to Park AERIAL VIEW Option 1: Proposed w/ attached sidewalk i si'vv ARCHIUECTS Option 1: Cross -Section frjr E At ammo= 10 2' mnIlIrra 1 ..'-!5' 50' • Swale on north varies from 12 to 15 feet 15 Arterial combined sidewalks Pros Less expensive Less Right -of -Way req'd _.......... Cons Snow & ice berms from road plowing —requires property owners to remove Requires flushing of sidewalk in spring Diminished pedestrian safety Aesthetically less appealing 8 Will look different than Sprague Installation of culvert pipes under drive approaches to get rid of "driveway approach swale inlets" No snow storage, will continue to flush sidewalks each spring Option 1 Summary • 0 tion before Option 2 after Option 2: Separated Sidewalks Pros Cons Snow Storage Additional $80k to $100k No need to flush sidewalks Added construction time City/private boundaries better defined cafPr nPrlPctrian i icP Temp Construction Easements -- • M■ v/ ■ r v/ M v/ V V■ ■ M■ ■ Greenscape closer to eye 12 ji Option 2 Summary . Looks more like Sprague improvements . No culverts required i-iiows ror snow storage Will not require sidewalk flushing Cost Estimates Landscaping portion: $260k Stormwater portion (402 acct): $90k Option 2: Separated sidewalks for swales $80k -$100k, (proposed 402 acct) Project Schedule May/June — complete bid package • June/July coord. w/overlay project: irrigation crossings Bid & Award by July 15 August/September — stormwater, sidewalk & landscape installation anticipated completion: by September 30 15 Recommendations . Give concurrence to move forward with Option 2 Fund additional costs for separated sidewalks/snow storage with , _ Stormwater Utility 402 account 17 .L Next Steps Complete irrigation design, bid package Update property owners Discussion CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 20, 2014 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. Report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Draft 2015 — 2020 Six Year Transportation Improvement Program (TIP) GOVERNING LEGISLATION: RCW 35.77.010, Perpetual advanced six-year plans for coordinated transportation program expenditures. PREVIOUS COUNCIL ACTION TAKEN: Adopted 2014-2019 Six Year TIP last year on June 11, 2013, Resolution #13-006. Draft TIP Project List Admin. Report, April 15, 2014 BACKGROUND: The City is required by RCW 35.77.010 to prepare and after public hearing adopt a revised and extended comprehensive transportation program for the ensuing six calendar years. This plan must be adopted by June 30th and submitted to the Washington State Department of Transportation before July 31St of each year. The attached draft Six Year TIP incorporates comments received from the April 15th Council Meeting. Updates include modification of the Sprague/Barker project to reflect intersection improvements, realigning project schedules to coordinate with Spokane County projects, and updating cost estimates based on recent grant applications. The Sidewalk Infill Phase 3 project was moved to the Unfunded List due to lack of available resources. The Sullivan Resurfacing Projects from Sprague to Broadway and Broadway to Mission have been merged into a single project to be completed in 2015. Added Projects: 1. Barker Rd Improvement Project, Appleway to 1-90 — Moved up in schedule due to WSDOT's interchange project. 2. Sprague/Long Sidewalk Project — Funding Received from CDBG 3. Sprague/Barker Intersection Improvements — Beginning design with Developer funds. 4. Pines (SR27)/BNSF Underpass — Moved up in schedule at council's request. Rescheduled Projects: 1. Barker/BNSF Grade Separation — Moved up to accommodate TIGER 6 grant obligation deadline. 2. Fancher/BNSF RR Overpass Bridge Joint Repair Project — CN delayed to 2015 from 2014 to take advantage of grant opportunity. 3. Broadway/Argonne/Mullan Concrete Intersection — Delayed to align with potential STP funding availability. 4. Mission Ave Improvement — Flora to Barker (CN) - Delayed to align with potential STP funding availability. 5. Appleway Trail Phase 3 — Evergreen to Corbin - Delayed to align with future funding opportunities. 6. Appleway Trail Phase 4 — University to Park/Library Site - Delayed to align with future funding opportunities. 7. Barker Rd Improvement — Spokane River to Euclid — Delayed to align with future funding opportunities. 8. Park Road #2 Improvement — Broadway to Indiana (RW & CN) - Delayed to align with future funding opportunities. Staff reviewed historical funding levels for federal, state and City funds from the past ten years to estimate projected funding levels available during the next six years. This is done because the final adopted Six -Year TIP is required to be fiscally constrained and reflect realistic expectations of annual funding levels. Other needed and worthwhile projects that do not fit within the limited amount of funding anticipated from state, federal and local (non -City) grants and City revenues are listed in the Unfunded Projects List. Based on Council discussion, staff will continue to develop the TIP centered on Council priorities and goals. This draft should be considered a 'work in progress'. It may be updated again prior to, and after receiving comments from, the Public Hearing scheduled for June 10, 2014. OPTIONS: Discuss draft TIP project list and project schedules. RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: As the proposed 2015-2020 Six Year TIP evolves, staff will coordinate with the Finance Department regarding the city's ability to meet local match grant requirements for future state and federal grants. STAFF CONTACT: Steve Worley, P.E. - Senior Capital Projects Engineer Eric Guth, P.E. - Public Works Director ATTACHMENTS: 1) Proposed TIP Projects List 2) Projects List with no Current Funding (Unfunded Projects List) 3) Total Project Cost Report City of Spokane Valley Public Works Department DRAFT 2015 - 2020 Six Year Transportation Improvement Program Resolution 14- 7 Spokane .Valley Fundinq Sources: • ARRA • BR • City • CDBG • CMAQ • Developers • EECBG • FHWA • FMSIB • HUD • REET • Other Fed • Other RR • Other State • SP • SRTS • SW • STA • STP(E) • STP(U) • TA • TIB • UAP • UCP • WSDOT • WTSC • WUTC City of Spokane Valley Department of Public Works 2015 — 2020 Six -Year Transportation Improvement Program Glossary & Abbreviations American Recovery & Reinvestment Act Bridge Replacement Program City Funds Community Development Block Grant Congestion Management/Air Quality Private Developer Funds Energy Efficiency and Conservation Block Grant Federal Highway Administration Freight Mobility Strategic Investment Program Housing & Urban Development Real Estate Excise Tax Misc. Federal Funding Sources Railroad Funding Misc. State Funding Sources TIB Sidewalk Program Safe Routes to School City Stormwater Funds Spokane Transit Authority Surface Transportation Program (Enhancement) Surface Transportation Program (Urban) Transportation Alternatives Transportation Improvement Board TIB Urban Arterial Program TIB Urban Corridor Program Washington Department of Transportation Washington Traffic Safety Commission Washington Utilities & Transportation Commission Spokane _0Valley Fundinq Status: • S Project Funding is Secured • P Project Funding is Planned. The Most Probable Funding Sources have been Identified. Project Phases: • PE • RW • CN Preliminary Engineering Right -of -Way Construction Construction Type: • PCC Portland Cement Concrete • HMA Hot Mix Asphalt • ITS Intelligent Transportation System (Integrated Traffic Signal Control Systems) Street Functional Classifications: Urban: • 14 • 16 • 17 • 19 Principal Arterial Minor Arterial Collector Arterial Local Access Spokane Valley Project / Description / Current Status Draft 2015 - 2020 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2015 2016 2017 2018 2019 2020 Total 1 Argonne Rd Corridor Upgrade- 190 to Trent S 0.38 0 0 631 630 City 253 253 CMAQ 377 377 Revise Signal Phasing, Add NB Right Turn Lane at Montgomery, Intersection Improvements at Knox Funding Secured (SRTC 06-31), City Project #0060 Project Total 630 630 2 Spokane Valley -Millwood Trail - Felts Field to s Evergreen Rd (PE) Construct Shared Use Pathway on abandoned Railroad Right-of-way PE Funded; SRTC #TE10-04; City Project #0145 6.5 492 0 0 491 City STP(E) 248 243 491 Project Total 248 243 491 3 Sullivan Road West Bridge S Reconstruct and widen west (southbound) bridge Recv'd FMSIB, BR & TIB grants; City Project #0155 0.08 0 0 8,440 8,440 BR 2,852 2,852 City 893 893 FMSIB 1,000 1,000 Other 1,945 1,945 Fed UCP 1,750 1,750 Project Total 8,440 8,440 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, an, are not intended by the City to be relied upon by property owners or developers in making development decisions. 5/14/2014 Page 1 Spokane _Valley Project / Description / Current Status Draft 2015 - 2020 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2015 2016 2017 2018 2019 2020 Total 4 Citywide Safety Improvements o 0 0 31 31 City S Other 21 21 Fed Other 10 10 Fed Signal, pedestrian, bike & sign retrofit safety improvements HSIP & QRSP funded; City Project #0167 Project Total 31 31 5 Sprague / Barker Intersection Improvements P Intersection improvements to improve capacity PE funded with Developer fees 0 0 12 422 434 City 12 422 434 Develop ers Project Total 12 422 434 6 ITS Infill Project S 0 0 0 301 301 City 41 41 CMAQ 260 260 Installs Fiber along University (4th to 16th), Fancher (Sprague to Broadway) and Broadway (Fancher to Park) CMAQ Funded, City #0201 Project Total 301 301 7 Sprague / Long Sidewalk Project S 0.2 0 0 236 236 City CDBG 236 236 Construct new sidwalk along south side of Sprague (Appleway to Arties Ln) and east side of Long (Sprague to school) CDBG Funded Project Total 236 236 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, an, are not intended by the City to be relied upon by property owners or developers in making development decisions. 5/14/2014 Page 2 Spokane _Valley Project / Description / Current Status Draft 2015 - 2020 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2015 2016 2017 2018 2019 2020 Total 8 2015 Street Preservation Project P 0.26 50 0 1,950 2,000 City 2,000 2,000 Project Total 2,000 2,000 9 Barker Road / BNSF Grade Separation 0 2,050 1,799 25,351 29,200 City 308 602 1,250 750 2,910 p Other 180 540 720 Fed Other 1,500 1,706 1,218 731 5,155 State Construct Grade Separation at Barker/BNSF RR/ Trent (SR290) Other- 69 172 104 345 RR Other 3,000 7,500 4,500 15,000 Fed FY09 Federal Earmark for $720K, 20% of CN (up to $10M) received from FMSIB FMSIB 1,014 2,535 1,521 5,070 Project Total 1,988 6,931 12,675 7,606 29,200 10 Bowdish Sidewalk - 8th to 12th P Construct sidewalk along both sides of Bowdish 0.25 48 10 380 438 City 6 52 58 SRTS 46 334 380 Project Total 52 386 438 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, an, are not intended by the City to be relied upon by property owners or developers in making development decisions. 5/14/2014 Page 3 Spokane _Valley Project / Description / Current Status Draft 2015 - 2020 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2015 2016 2017 2018 2019 2020 Total 11 Park Road Sidewalk Project - Sinto Ave. to p Indiana Ave. 0.44 51 10 410 471 City 8 55 63 SRTS 53 355 408 Construct sidewalk along east side of Park Road from 200 -ft S. of Sinto to Indiana Ave. and 165 -ft gap on Mission Ave. east of Park Rd Project Total 61 410 471 12 Sullivan Corridor ITS - 1-90 to Trent (SR 290) 1.75 105 0 809 914 City 14 109 123 S CMAQ 91 700 791 Extend ITS conduit and contols along Sullivan Corridor CMAQ funded, Project Total 105 809 914 13 Sullivan Road Resurfacing - Sprague to Mission S Grind/Overlay; OCI: 31.2; OCI: 32.49 STP Funded 0.67 82 0 1,074 1,156 City 156 156 STP(U) 1,000 1,000 Project Total 1,156 1,156 14 Fancher/BNSF RR Overpass Joint Repair p Project Repair bridge joints on RR overpass 0 29 0 172 200 City BR 200 200 Project Total 200 200 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, an, are not intended by the City to be relied upon by property owners or developers in making development decisions. 5/14/2014 Page 4 Spokane _Valley Project / Description / Current Status Draft 2015 - 2020 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2015 2016 2017 2018 2019 2020 Total 15 2016 Street Preservation Project P 0 50 0 1,950 2,000 City 2,000 2,000 Project Total 2,000 2,000 16 Barker Rd Improvements - South City Limits to p Appleway Widen and Improve roadway to 3 -lane urban section 0.81 326 25 2,502 2,853 City 47 338 385 STP(U) 304 2,164 2,468 Project Total 351 2,502 2,853 17 2017 Street Preservation Project P 0 30 0 1,370 1,400 City 1,400 1,400 Project Total 1,400 1,400 18 Broadway @ Argonne/Mullan Concrete p Intersections (CN Only) Reconstruct intersections in concrete pavement 0 0 0 1,703 1,703 City 230 230 STP(U) 1,473 1,473 Project Total 1,703 1,703 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, an, are not intended by the City to be relied upon by property owners or developers in making development decisions. 5/14/2014 Page 5 Spokane _Valley Project / Description / Current Status Draft 2015 - 2020 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2015 2016 2017 2018 2019 2020 Total 19 Saltese/Sullivan Traffic Signal P Improvements to Intersection, Install Traffic Signal (In coordination w/ Spokane County) In Coordination w/ Spokane County, COSV only responsible for 1/4 of Project Cost 24 0 226 250 City 62 62 Spo. Co. 188 188 Develop ers Project Total 250 250 20 Sullivan / Euclid Concrete Intersection (RW/CN) P Reconstruct intersection in concrete pavement 0 0 0 2,128 2,128 City 287 287 STP(U) 1,841 1,841 Project Total 2,128 2,128 21 2018 Street Preservation Project P 0 30 0 1,370 1,400 City 1,400 1,400 Project Total 1,400 1,400 22 Appleway Trail Phase 3 - Evergreen to Corbin 2.35 214 0 2,860 3,074 City 29 386 415 p CMAQ 185 2,474 2,659 Construct Shared Use Pathway along abandoned Railroad Right -of -Way Project Total 214 2,860 3,074 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, an, are not intended by the City to be relied upon by property owners or developers in making development decisions. 5/14/2014 Page 6 Spokane _Valley Project / Description / Current Status Draft 2015 - 2020 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2015 2016 2017 2018 2019 2020 Total 23 Argonne Road Concrete Pavement - 1-90 to p Montgomery Reconstruct pavement in concrete; OCI: 40.35 (2012) 0.25 512 0 3,211 3,723 City 69 433 502 STP(U) 443 2,778 3,221 Project Total 512 3,211 3,723 24 Mission Ave. - Flora Rd. to Barker Rd. (CN) P Widen & Overlay with curb, sidewalks, bike lanes and stormwater facilities 1 0 0 3,697 3,697 City 499 499 UAP 1,599 1,599 STP(U) 1,599 1,599 Project Total 3,697 3,697 25 Spokane Valley -Millwood Trail - Felts Field to p Evergreen Rd (RW&CN) Construct Shared Use Pathway on abandoned Railroad Right-of-way 6.5 0 100 4,280 4,380 City 14 289 289 592 TA 86 1,851 1,851 3,788 Project Total 100 2,140 2,140 4,380 26 2019 Street Preservation Project P 0 30 0 1,370 1,400 City 1,400 1,400 Project Total 1,400 1,400 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, an, are not intended by the City to be relied upon by property owners or developers in making development decisions. 5/14/2014 Page 7 Spokane _Valley Project / Description / Current Status Draft 2015 - 2020 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2015 2016 2017 2018 2019 2020 Total 27 Appleway Trail Phase 4 - University Rd. to p Balfour Park Extend Shared Use pathway to Balfour Park 0.5 100 400 700 1,200 City 68 94 162 TA 432 606 1,038 Project Total 500 700 1,200 28 Park Road #2 - Broadway to Indiana (RW & CN) 0.75 0 150 2,877 3,027 City 20 388 408 STP(U) 130 2,489 2,619 Reconstruct to a 3 -lane section with curb, sidewalks, bike lanes and stormwater facilities Project Total 150 2,877 3,027 29 Barker Rd Improvement Project - Appleway to I- 0.28 382 1,146 2,397 3,629 City 167 324 491 P 90 STP(U) 1,065 2,073 3,138 Widen and improve to 5 -lane urban section, Roundabout @ Broadway, Realign east leg of Broadway Project Total 1,232 2,397 3,629 30 Pines (SR27)/ BNSF Underpass - (PE only) P Railroad underpass at Pines (SR -27) / BNSF / Trent 0 1,500 0 0 1,501 City 128 128 STP(U) 1,298 1,298 Other- 75 75 RR Project Total 1,501 1,501 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, an, are not intended by the City to be relied upon by property owners or developers in making development decisions. 5/14/2014 Page 8 Spokane _Valley Project / Description / Current Status Draft 2015 - 2020 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2015 2016 2017 2018 2019 2020 Total 31 Barker Rd - Euclid to 0.1 mi. S. of Trent Ave p (SR290) Reconstruct Barker to 3 -lane urban section 0.75 471 100 0 571 City 114 114 UAP 457 457 Project Total 571 571 32 Barker Rd Improvement Project - Spokane p River to Euclid Reconstruct and widen to 3 -lane urban section 0.53 378 25 0 403 City 81 81 UAP 322 322 Project Total 403 403 33 Broadway Improvement Project - Flora to p Barker 0 543 1,000 0 1,543 City 309 309 UAP 1,234 1,234 Extend Broadway arterial to Barker Rd, Realign Broadway connection east of Barker Project Total 1,543 1,543 34 Sullivan Road North Extension (Bigelow Gulch) 0.25 0 0 55 55 City 55 55 P Reconstruct and widen the Sullivan Road extension north also known as Bigelow Gulch Road to a 4 -lane roadway with 8 -foot shoulders and a 12 -foot two way left turn lane. Cost reflect City share of project, not total project costs Project Total 55 55 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, an, are not intended by the City to be relied upon by property owners or developers in making development decisions. 5/14/2014 Page 9 Spokane ��alley Project / Description / Current Status Draft 2015 - 2020 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2015 2016 2017 2018 2019 2020 Total 35 2020 Street Preservation Project P 0 30 0 1,370 1,400 City 1,400 1,400 Project Total 1,400 1,400 Totals: 7,527 4,777 74,273 86,577 15,460 11,201 18,507 16,031 11,493 13,587 86,279 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, an, are not intended by the City to be relied upon by property owners or developers in making development decisions. 5/14/2014 Page 10 Spokane .Walley Draft 2015 - 2020 Six -Year Transportation Improvement Program Six -Year Transportation Improvement Program Totals Secured Projects Planned Projects Totals Year Federal State Other City Total Federal State Other City Total Federal State Other City Total 2015 $7,040 $2,750 $0 $1,357 $11,147 $479 $1,500 $0 $2,334 $4,313 $7,519 $4,250 $0 $3,691 $15,460 2016 $943 $0 $0 $109 $1,052 $4,229 $2,720 $69 $3,131 $10,149 $5,172 $2,720 $69 $3,240 $11,201 2017 $0 $0 $0 $0 $0 $11,118 $3,753 $360 $3,276 $18,507 $11,118 $3,753 $360 $3,276 $18,507 2018 $0 $0 $0 $0 $0 $8,977 $3,851 $104 $3,099 $16,031 $8,977 $3,851 $104 $3,099 $16,031 2019 $0 $0 $0 $0 $0 $8,730 $0 $0 $2,763 $11,493 $8,730 $0 $0 $2,763 $11,493 2020 $0 $0 $0 $0 $0 $8,317 $2,013 $75 $3,182 $13,587 $8,317 $2,013 $75 $3,182 $13,587 Total $7,983 $2,750 $0 $1,466 $12,199 $41,850 $13,83 $608 $17,785 $74,080 $49,833 $16,587 $608 $19,251 $86,279 7 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. 5/14/2014 Page 1 City of Spokane Valley Department of Public Works Six Year Transportation Improvement Program Projects w/ No Currently Identified Local Match Within Existing Resources Dollars in Thousands Project Name Sidewalk InfiII Program, Phase 3 Bowdish Road - 16th to Sprague Bowdish Road - 24th to 16th Bowdish Road - 32nd to 24th Bowdish Sidewalk - 12th to 16th Greenacres Trail - Sullivan to E City Limits (RW&CN) Park Road #2 Sidewalk Project - Marietta Ave. to Buckeye Ave. Park Road / BNSF Grade Separation Pavement Management Program - Local Access Pines Corridor ITS - Sprague to 16th Pines (SR27)/ BNSF Underpass (RW, CN Only) Sprague / Argonne -Mullan Concrete Intersections Sprague / Fancher Concrete Intersection Sprague / Thierman Concrete Intersection Sprague / University Concrete Intersection Sullivan / Kiernan Concrete Intersection Sullivan / Marietta Concrete Intersection Sullivan Rd / BNSF Grade Separation Improvements Wellesley Realignment @ Barker/SR290 Description Completes gaps in sidewalk system throughout City, ADA upgrades Sprague to 8th: Inlay & Enhancement; 8th to 16th: Reconstruct as 2 -lane section w/ curb, sidewalk, bike lanes and new stormwater facilities Reconstruct Roadway as 2 -lane section w/ curb, sidewalk and new stormwater facilities; Reconstruct Roadway as 2 -lane section w/ curb, sidewalk and new stormwater facilities; Construct Sidewalk along both sides of Bowdish Construct Shared Use Pathway on abandoned railroad right-of-way Construct sidewalk along one side of Park Road and 160 -ft gap on north side of Buckeye Ave east of Park Road Reconstruct Park Road to separate the grades of Park Road and the BNSF railroad tracks. Annual street preservation projects Traffic Signal Control System for Corridor Construct grade separation at Pines Rd (SR -27) / Trent Ave (SR 290) / BNSF RR Reconstruct intersections in concrete pavement Reconstruct Intersection in concrete pavement Reconstruct intersection in concrete pavement Reconstruct intersection in concrete pavement. Reconstruct Intersection in concrete pavement Reconstruct intersection in concrete pavement Upgrade and widen grade separation at Sullivan/BNSF/Trent (SR290) Realign connection of Wellesley to Barker Rd and SR290, 3 -lane section, Part of Barker/BNSF Grade Separation Total Cost $o $2,858 $2,846 $2,637 $557 $1,095 $143 $16,520 $11,664 $785 $42,000 $2,342 $1,572 $1,243 $1,660 $1,423 $1,493 $45,000 $5,187 Totals: $141,025 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Wednesday, May 14, 2014 Page 1 of 1 City of Spokane Valley Department of Public Works Total Project Costs (Including costs before and beyond the six years of this TIP) Projects Listed by Category for the 2015-2020 Six -Year TIP Dollars in Thousands Project Name 2020 Street Preservation Project Description Total: City Cost Total Cost $1,400 $1,400 $1,400 $1,400 Arterial Improvements Project Name Description Barker Rd Improvements - South Widen and Improve roadway to 3 - City Limits to Appleway Mission Ave. - Flora Rd. to Barker Rd. (CN) Park Road #2 - Broadway to Indiana (RW & CN) Barker Rd Improvement Project - Appleway to 1-90 Pines (SR27)/ BNSF Underpass - (PE only) Barker Rd - Euclid to 0.1 mi. S. of Trent Ave (SR290) Barker Rd Improvement Project - Spokane River to Euclid Broadway Improvement Project - Flora to Barker Sullivan Road North Extension (Bigelow Gulch) lane urban section Widen & Overlay with curb, sidewalks, bike lanes and stormwater facilities Reconstruct to a 3 -lane section with curb, sidewalks, bike lanes and stormwater facilities Widen and improve to 5 -lane urban section, Roundabout @ Broadway, Realign east leg of Broadway Railroad underpass at Pines (SR -27) / BNSF / Trent Reconstruct Barker to 3 -lane urban section Reconstruct and widen to 3 -lane urban section Extend Broadway arterial to Barker Rd, Realign Broadway connection east of Barker Reconstruct and widen the Sullivan Road extension north also known as Bigelow Gulch Road to a 4 -lane roadway with 8 -foot shoulders and a 12 -foot two way left turn lane. Total: City Cost Total Cost $385 $499 $418 $491 $255 $837 $661 $1,142 $55 $4,743 $2,853 $3,697 $3,102 $3,925 $3,000 $4,184 $3,302 $5,706 $55 $29,824 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Wednesday, May 14, 2014 Page 1 of 4 City of Spokane Valley Department of Public Works Total Project Costs (Including costs before and beyond the six years of this TIP) Projects Listed by Category for the 2015-2020 Six -Year TIP Dollars in Thousands Bridge Projects Project Name Sullivan Road West Bridge Barker Road / BNSF Grade Separation Fancher/BNSF RR Overpass Joint Repair Project Description Reconstruct and widen west (southbound) bridge Construct Grade Separation at Barker/BNSF RR/ Trent (SR290) Repair bridge joints on RR overpass Total: City Cost Total Cost $2,360 $19,750 $2,910 $29,200 $0 $201 $5,270 $49,151 Congestion Improvements Project Name Argonne Rd Corridor Upgrade- 190 to Trent Sprague / Barker Intersection Improvements Description Revise Signal Phasing, Add NB Right Turn Lane at Montgomery, Intersection Improvements at Knox Intersection improvements to improve capacity Total: City Cost Total Cost $434 $434 $868 $1,550 $489 $2,039 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Wednesday, May 14, 2014 Page 2 of 4 City of Spokane Valley Department of Public Works Total Project Costs (Including costs before and beyond the six years of this TIP) Projects Listed by Category for the 2015-2020 Six -Year TIP Dollars in Thousands Pedestrian/Bicycle Program Project Name Description City Cost Total Cost Spokane Valley -Millwood Trail - Felts Construct Shared Use Pathway on $0 $497 Field to Evergreen Rd (PE) abandoned Railroad Right-of-way Sprague / Long Sidewalk Project Construct new sidwalk along south $13 $283 side of Sprague (Appleway to Arties Ln) and east side of Long (Sprague to school) Bowdish Sidewalk - 8th to 12th Construct sidewalk along both sides $58 $438 of Bowdish Park Road Sidewalk Project - Sinto Construct sidewalk along east side of $63 $471 Ave. to Indiana Ave. Park Road from 200 -ft S. of Sinto to Indiana Ave. and 165 -ft gap on Mission Ave. east of Park Rd Appleway Trail Phase 3 - Evergreen Construct Shared Use Pathway $415 $3,074 to Corbin along abandoned Railroad Right -of - Way Spokane Valley -Millwood Trail - Felts Construct Shared Use Pathway on $592 $4,380 Field to Evergreen Rd (RW&CN) abandoned Railroad Right-of-way Appleway Trail Phase 4 - University Extend Shared Use pathway to $162 $1,200 Rd. to Balfour Park Balfour Park Total: $1,303 $10,343 Safety Program Project Name Description Citywide Safety Improvements Signal, pedestrian, bike & sign retrofit safety improvements City Cost Total Cost $0 $674 Saltese/Sullivan Traffic Signal Improvements to Intersection, Install $62 $250 Traffic Signal (In coordination w/ Spokane County) Total: $62 $924 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Wednesday, May 14, 2014 Page 3 of 4 City of Spokane Valley Department of Public Works Total Project Costs (Including costs before and beyond the six years of this TIP) Projects Listed by Category for the 2015-2020 Six -Year TIP Dollars in Thousands Street Preservation Projects Project Name 2015 Street Preservation Project Description Sullivan Road Resurfacing - Sprague Grind/Overlay; OCI: 31.2; OCI: 32.49 to Mission 2016 Street Preservation Project 2017 Street Preservation Project 2018 Street Preservation Project 2019 Street Preservation Project Total: City Cost $2,000 $156 $2,000 $1,400 $1,400 $1,400 $8,356 Total Cost $2,000 $1,156 $2,000 $1,400 $1,400 $1,400 $9,356 Street Reconstruction Projects Project Name Broadway @ Argonne/Mullan Concrete Intersections (CN Only) Sullivan / Euclid Concrete Intersection (RW/CN) Argonne Road Concrete Pavement - 1-90 to Montgomery Description Reconstruct intersections in concrete pavement Reconstruct intersection in concrete pavement Reconstruct pavement in concrete; OCI: 40.35 (2012) Total: City Cost Total Cost $230 $287 $502 $1,019 $1,703 $2,128 $3,723 $7,554 Traffic Operations and Maintenance Project Name ITS Inf111 Project Sullivan Corridor ITS - 1-90 to Trent (SR 290) Description Installs Fiber along University (4th to 16th), Fancher (Sprague to Broadway) and Broadway (Fancher to Park) Extend ITS conduit and contols along Sullivan Corridor Total: City Cost Total Cost $45 $123 $168 $327 $914 $1,241 Overall Total: $23,189 $111,832 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Wednesday, May 14, 2014 Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 5/20/14 Check all that apply: ❑ consent ['old business ❑ information ® admin. report Department Director Approval: ❑ ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative Report: Solid Waste Transfer Station/Transport/Disposal GOVERNING LEGISLATION: RCW 35A.11.020 Powers vested in Legislative Bodies of Code Cities; RCW 35A.13 — Non -charter code city; RCW 35A.21 Provisions affecting All Code Cities; RCW 70.95 — Solid Waste Management — Reduction & Recycling; RCW 70.105 — Hazardous Waste Management; Interlocal Agreement between the City of Spokane, Spokane County and the City of Spokane Valley — RE: Spokane Regional Solid Waste Management System, expires November 16, 2014. PREVIOUS COUNCIL ACTION TAKEN: Council has adopted goals related to solid waste in the 2012, 2013 and 2014 budgets. The 2014 goal adopted by Council is to "Implement solid waste alternatives for collection, transport and disposal in the best interest of the City of Spokane Valley." Council has been briefed and/or discussed solid waste on a number of occasions. The following is a synopsis of those meetings but is not all inclusive: On January 22, 2013, Council approved the Memorandum of Understanding (MOU) between the City of Spokane Valley, the City of Spokane, and Spokane County, to jointly conduct the Solid Waste Analysis; on February 6, 2013, Council participated in a joint meeting with Spokane County Commissioners to discuss alternatives; on February 26, 2013, Council discussed solid waste in detail at the Council Workshop; on August, 28, 2013, Council attended the presentation of an analysis of solid waste alternatives completed by HDR; On September 3, 2013, Council discussed the draft solid waste study completed by HDR; on September 4, 2013, Council hosted a joint meeting with Spokane County Commissioners to discuss alternatives and make a specific proposal to the County; on October 3, 2013, Council discussed solid waste alternatives and approved sending Spokane County Commissioners a letter re-emphasizing Spokane Valley's position to reconsider the specific option offered by Spokane Valley at the joint meeting; on February 24, 2014, Council hosted a joint meeting with Spokane County Commissioners to continue discussions on solid waste alternatives and to review/discuss Spokane County's proposed draft of the Interlocal Agreement for joining its system; on February 27, 2014, Council attended the Regional Solid Waste meeting at CenterPlace; and on February 28, 2014, Council attended the Council of Governments where solid waste was one of many topics. On March 11, 2014 Council discussed three primary topics including development of a solid waste plan and continuing to pursue public private options as well as reviewing Spokane County's draft Interlocal Agreement for Solid Waste. Council reviewed the proposed Interlocal and discussed talking points to provide to the County Commissioners. On March 20, 2014 the City sent a letter to the County Commissioners enumerating the City's concerns. On March 31, 2014, the Commissioners responded with a letter speaking to the City's concerns and provided a revised draft Interlocal addressing some, but not all of the City's points. Staff continues to communicate with Spokane County on 1 revisions. Staff briefed Council at the May 13, 2014 Council meeting and staff anticipated bringing a final draft of the Spokane County Interlocal and a final draft contract with the only available private option (Sunshine Recyclers) back to Council on May 20, 2014 or shortly thereafter for consideration by Council. BACKGROUND: The City of Spokane Valley has been actively pursuing options for solid waste disposal since the extension of the Interlocal Agreement with the City of Spokane Valley, City of Spokane and Spokane County was approved by our City Council on October 25, 2011. The purpose of the extension was to allow time for the various cities and Spokane County to determine solid waste alternatives. The various alternatives have evolved over the last 3 years from the possible continuation of the existing solid waste system, to Spokane being a vendor only, to the current status where an Interlocal Agreement was signed between the City of Spokane and Spokane County and Spokane County is proposing to own and operate a solid waste system. Spokane Valley had formally offered to partner with Spokane County (September 4 and October 3, 2013) prior to Spokane County moving independently to negotiate with the City of Spokane and making a decision to purchase the Colbert and Spokane Valley transfer stations from the City of Spokane and continue to send waste to the City of Spokane's waste to energy incinerator. The City of Spokane Valley received a proposed Interlocal Agreement for Solid Waste Services from Spokane County on Monday, February 24, 2014. On that same day the City met in joint session with Spokane County Commissioners to discuss solid waste. This was followed by a meeting of County Commissioners, Spokane Valley, Liberty Lake, Airway Heights, Deer Park and other stakeholders on Thursday, February 27, 2014 at CenterPlace to further discuss the proposed Spokane County solid waste system and Interlocal agreement. The City of Spokane Valley is now faced with decisions regarding solid waste. As highlighted by the Department of Ecology at the February 27, 2014 meeting, the November 16, 2014 termination creates some very time -sensitive decisions which the City of Spokane Valley has addressed. 1. Selection of an option regarding development of a Comprehensive Solid Waste Plan. The City's options per RCW 70.95.080 are a. Prepare and deliver to the county auditor of the county in which it is located its plan for its own solid waste management for integration into the county plan; b. Enter into an agreement with the county pursuant to which the city shall participate in preparing a joint city -county plan for solid waste management, or c. Authorize the county to prepare a plan for the city's solid waste management for inclusion in the comprehensive county plan. The City of Spokane Valley selected option a above. Staff is working with the consulting firm of Green Solutions to develop a Solid Waste Plan for the City of Spokane Valley. Staff is working with the Department of Ecology and the consultant in the development of the plan. 2. Discuss and develop terms and conditions that the City of Spokane Valley would like to see in Spokane County's proposed Interlocal Agreement if the City should choose to sign an agreement with Spokane County. Staff worked with Council to develop terms and conditions and conveyed those concepts to Spokane County. The County has responded to the City and has made a number of changes to the Interlocal Agreement. However on some significant points, the County has determined not to make changes and has conveyed those to the City as well. 2 3. Continue to investigate public-private partnerships if found to provide adequate service levels and reduce the cost of services to Spokane Valley residents. Staff has continued to investigate public private partnerships and has narrowed down the list of potential private transfer station operations that can be in place by November 16, 2014 to one, which is Sunshine Recyclers Inc. with an existing transfer station located in Spokane Valley at University and Montgomery. Staff has been working to develop a draft service contract with Sunshine, the details of which we are providing to City Council tonight, May 20, 2014. OPTIONS: Discussion about solid waste for Spokane Valley transfer station, transport and disposal of solid waste. Comparison of services between two potential service providers - Sunshine Recyclers Inc. and Spokane County Solid Waste System. RECOMMENDED ACTION OR MOTION: Discussion Only BUDGET/FINANCIAL IMPACTS: The City currently does not have a revenue source for solid waste other than the general fund. Costs to date include the HDR study developed through an MOU with Spokane County and the City of Spokane, follow-up work by City Manager with solid waste consultants Shaw Environmental and Green Solutions. The City potentially could recover administrative or other costs through various means in its final solid waste system. This would be a topic for future discussion. The reduction in rates, if any, would directly benefit the residents and businesses of Spokane Valley. The City itself would not benefit directly because we would not pay directly for transfer, transport and disposal of solid waste services. STAFF CONTACT: City Manager - Mike Jackson ATTACHMENTS: PowerPoint Presentation Letter from City of Spokane Valley to Spokane County Commissioners Re: City of Spokane Valley Comments to proposed Interlocal agreement. Letter from Spokane County to City of Spokane Valley Re: Responses to City of Spokane Valley Comments Proposed Solid Waste Interlocal Agreement. DRAFT Interlocal Agreement Spokane County for Solid Waste Transfer and Disposal and other Matters Related Thereto DRAFT Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services — Sunshine Recyclers, Inc. 3 Collection City of Spokane Valley - Solid Waste ppm Solid Waste 2014 Council Goal "Implement solid waste alternatives for collection, transport and disposal in the best interest of the City of Spokane Valley" Council CORE BELIEFS Section 8: We solicit the City Manager's support in conducting the affairs of the City with due regard for: (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. Factor Services Comparison of Options: PRIVATE vs. COUNTY Sunshine Recyciers Inc. Contract Transfer, transport & disposal of trash, organics/green waste, construction /demolition waste, recyclables, moderate risk - household hazardous waste, & white goods. Self -haul. County Interlocal Agreement Transfer, transport & disposal of trash, organics/green waste, construction /demolition waste, recyclables, moderate risk — household hazardous waste, & white goods. Self -haul. 3 Transfer Station Locations 2405 N University Rd, Spokane, WA 99206 Spokane Valley Transfer Station, 3941 N Sullivan Rd, Spokane Valley, WA 99216 Spokane North Transfer Station, 22123 N E I k Chattaroy Rd, Colbert, WA 99005 Hours Seven days per week, 7:30A.M. -5:00 P.M. Seven days per week, 7:30 A.M. - 5:00 P. M. Spokane 5 Comparison of Options: PRIVATE vs. COUNTY Factor Sunshine Recyclers Inc. Contract County Interlocal Agreement Term Renewals 10 years 7 years Two 3 -year extensions, mutually agreeable Early opt -out of contract Improvements No Four 5 -year extensions, mutually agreeable Sunshine has indicated it will need to make site improvements in order to provide the required services After 3 years (but alternate option would have to be identified, evaluated and implemented) Need for site improvements not anticipated to existing transfer stations in the near term Comparison of Options: PRIVATE vs. COUNTY G Factor Sunshine Recyclers Inc. Contract County Interlocal Agreement Municipal Solid Waste Disposal Organics Disposal (Clean Green) Contingency Two landfill facilities proposed (Roosevelt Landfill and Wenatchee Landfill). Accepted - transported for composting Emergency operations plan. Sunshine to provide access to back-up transfer station. Waste to Energy Facility - Ash to landfill (Bypass, if any, to landfill) Opt -out potential at 3 years but County would have to pay outstanding balance on Transfer Stations within 12 months Accepted - transported for composting Two transfer stations. Comparison of Options: PRIVATE vs. COUNTY 7 Factor Sunshine Recyclers Inc. Contract County Interlocal Agreement Insurance Auto - $1,000,000; Commercial - 1,000,OOo/ 2,O00,000; Umbrella - $5,000,000; Environmental Liability - $5,000,000 Coverage for the City of Spokane Valley. Insurance requested by County RFP: "Transfer Station Operator required to provide Worker's Compensation; Employer's Liability► ($1,000,000); Auto Liability Insurance ($1,000,000); Commercial General Liability ($5,000,000 each occurrence and $5,000,000 aggregate); Professional Liability/Errors and Omissions Liability ($1,000,000); Environmental Pollution ($3,000,000 per claim and $5,000,000 aggregate)" Coverage for Spokane County. City of Spokane Valley not named as additional insured. Comparison of Options: PRIVATE vs. COUNTY Factor Sunshine Recyclers Inc. Contract County Interlocal Agreement Surety 1,000,000 performance bond or letter of credit. Liquidated damages: $4,0001day for major defaults, $1,000/day for minor defaults. Performance standards included in contract Reporting No performance bond or liquidated damages; however, since County would be responsible for solid waste, management, these would not necessarily be appropriate. No audited financial Statements Annual bank letter Debt Service Ratio Annual reports of tonnage, trips, customer service, inquiries, and extraordinary services Annual Audit by State; Comprehensive Annual Financial Report and Financial Records; Statement of Income and Expenses annually, provided to the SWAC. Records of the Solid Waste Enterprise Fund only. Comparison of Options: PRIVATE vs. COUNTY 9 Factor Sunshine Recyclers Inc. Contract County Interlocal Agreement Service Fees ($/ton) Trash = $92.00/ton (minimum charge of $15.20 per visit); City administration/education = $125,000/year (approx. $2.75/ton). State Solid Waste Tax (3.6 ) = $3.40/ton, Total fee to rate payers = $98.15/ton (service fee + admin fee + State tax). Organics = $50.00/ton, minimum charge of $10.00 per visit (organic's fee does not apply to commercial food waste loads) (Fees paid to contractor not to the City) Trash — To Be Determined (TBD) - County estimates the rate will match current rate; a minimum charge of $15.23 for first 300 pounds. $104.59/ton at transfer stations. Services incorporated in total fee. Organics — TBD - County estimates the rate will match current rate of $47/ton (minimum charge of $5.00 - 2201bs. Additional 47 cents for each 20 lbs. above 220) scalation Comparison of Options: PRIVATE vs. COUNTY 10 Sunshine Recyclers Inc. Contract County Interlocal Agreement 90 % of CPI (first escalation on December 1, 2015) Resolution through Sunshine, upward through management, and then to the City Not known. WTE component will increase at CPI. Transfer station operations may increase based on CPI and labor index. Transport costs may increase based on CPI and fuel index. Resolution through the County Comparison of Options: PRIVATE vs. COUNTY 11 Control over rate increases Rate increases as specified in contract and are automatic based on 90% of CPI. Pricing dependent on tonnage? Flow control requirements City to require designated haulers to use Sunshine facility in hauling contracts. City to enforce hauling contract requirement. Not known. City would have a representative on the SWAC committee. SWAC committee will provide comments & recommendations to BoCC. Not known. Pricing may depend on number of cities that sign ILA. City to adopt flow control ordinance similar to County's ordinance. Enforcement may be City or County -- still to be determined. Comparison of Options: PRIVATE vs. COUNTY 17 Factor Sunshine Recyclers Inc, Contract County Interlocal Agreement REP for long-haul transport & disposal Ownership of Transfer Stations Regional Aspects Comprehensive Planning After 10 years. Sunshine Cooperative Services provision in contract allows other municipalities to "piggyback" onto City's contract. Won't impact City's pricing. Required to be done by City Potentially within 3 years (but County's contract for transfer station operations is 10 years) County (Purchased from the City of Spokane - $9.9m) Unclear how this is a regional system. Required to be done by County but City could develop its own plan. Comparison of Options: PRIVATE vs. COUNTY 13 Factor Sunshine Recyclers Inc. Contract County Interlocal Agreement Revenue to City Right-of-way maintenance fee: $1.00/ton for all waste handled at transfer station in excess of 45,500 tons per year. (fee does not apply to commercial recyclables brought to Sunshine for baling, marketing and/or processing) Solid Waste Education Required to be done by City. Potential for grant funding. Full control and management responsibility for solid waste City would manage performance contract with Sunshine. Sharing of potential utility tax revenues based on proportionate tonnage delivered by cities/County. Required to be done by County. Grant funding available. County would be responsible for control and management of solid waste. Spokane Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 0 cityhall@spokanevalley.org March 20, 2014 Honorable Chairman Al French and Board of County Commissioners Spokane County Courthouse 1116 West Broadway Avenue Spokane, WA 99260 Re: City of Spokane Valley comments to proposed interlocal agreement To the Board of County Commissioners: Thank you for providing the proposed interlocal agreement to join and participate in the Spokane County Solid Waste System. The City received the proposed interlocal on February 24, 2014, and participated hi several meetings with Spokane County during the week of February 24 on the County's new solid waste system, The City of Spokane Valley City Council conducted a discussion on the proposed interlocal agreement at its March 11, 2014 regular meeting. Additionally, City staff has reviewed the proposed interlocal agreement. As you previously indicated, the proposed interlocal agreement is a starting draft and you are seeking comments and input into the draft and for the establishment of the County's proposed system. Based on City Council discussion and staff review,1 met with Chairman Al French to discuss Spokane Valley's comments and offered to provide those in writing. As discussions progress some comments may be revised or new issues may develop. The City of Spokane Valley has identified the following comments, concepts and issues of importance to our consideration for participation in the County's proposed system: 1. Given the time constraints on all parties, the City desires to work to general agreement on the concepts below. The City believes that the parties already concur on many of the issues and anticipates that those will be incorporated into the next draft of the proposed interlocal agreement by the County. The City desires to enter into a memorandum of understanding ("MOU") on resolving the others. After the MOU is executed, the parties may then work through details to include the other concepts in the proposed interlocal agreement once they are resolved. 2. The City of Spokane Valley (the "City") desires to have an actual rate or guaranteed rate ceiling incorporating all costs (capital costs, operating costs, program costs, and overhead costs) prior to executing the proposed interlocal agreement. 3. The City believes that combining transfer station operations with transport and disposal will result in the lowest cost overall for the system. In order to do so, the City desires the County to issue an immediate Request for Proposals for combined transfer station operations, transport services, and disposal services to allow transition in three years to the lowest cost option. The City recognizes that the County is seeking a contractor to operate the transfer stations under a 10 -year term and that an early termination clause will be included in the operating contract. 4. The City desires to have future handling of solid waste tonnage from the West Plains area clearly delineated, including what transfer station, transport and disposal options will be utilized. Tlie City has concerns about what may happen if the new County system pays off the transfer stations after three years and utilizes an option other than the City of Spokane's Waste -to -Energy facility. Specifically, the City believes a new West Plains transfer station is not necessary as there are alternatives (use of the existing transfer stations) and a new West Plains station would result in excessive additional costs for the entire system. In any case, the City of Spokane Valley does not believe that all system users should support the development of a West Plains transfer station. 5. The City desires to establish a governing body with authority to set rates, service levels, and other operational authority and control for the regional system, including local jurisdiction participation on such body. Other issues for consideration include possibly setting a rate ceiling, setting or removing the minimum load charge for self -haulers, and possible ownership issues. The City has remained consistent in regards to governance as it is critical to the City's commitment of representing our citizens through rate setting and cost control authority. 6. The City requests a commitment from the County to always seek and obtain the lowest price option, with an opt -out available for the City if the County pursues higher -priced options. If ownership is part of the agreement, the City would seek either buy-out or recovery of the City's portion towards the capital investment. The City also seeks dialog on recovery of operational and other enterprise fund reserves should the City withdraw at any time. 7. The City requests that if an intermodal facility or rail transloader is developed related to solid waste, it must have direct access at the same location to both Burlington Northern and Union Pacific rail lines in order to take advantage of competition for landfill disposal. Also, future competitive bids should not be restricted to a specific transport mode or specific intermodal system. System users should not directly fund the development of rail facilities. These facilities should be funded by the private sector or other public/private partnerships. 8. The City desires a clear and transparent accounting of all aspects of operation, including any interfund transfers or other comingling of County resources, revenues, or expenses. 9. The City requests the County to give consideration to local jurisdictions and their ability to provide certain services such as recycling or education in order to allow local jurisdictions more control over rates. 10. The City desires the gate rate to be reduced by the amount of the capital payment when the transfer stations are paid off. Specifically, the City desires that the 2 interlocal agreement will clearly show a direct correlation between capital purchase payoff and rate reduction (e.g., if capital payment amount is equal to $11 per ton, upon pay off, the gate rate will be reduced by $11 per ton). 11. The City desires to discuss the possibilities for ownership and equity in system facilities. The City would like clarification on what ownership, buy-in, and buy- out would mean, how it could be accomplished, and how it would work for rate payers of various jurisdictions. Additionally, the City would like to understand how system control would be tied to ownership. 12. The City desires to have strict limits on any rent, lease, or depreciation costs included for the period of the agreement, including limits on what may be imposed after the facilities are fully paid. Additionally, the City desires to clearly identify any equipment or facility replacement or maintenance funds that may be required throughout the term of the agreement. Finally, the City desires to identify how future capital costs, including any reserve funds, will be applied to the gate rates. 13. The City desires to see the final rates (or rate estimates) with (1) all County, City and other local jurisdiction waste, and (2) all waste except for the City in order to understand the impact of the City joining the system. 14. The City desires to have revenue sharing options included in the interlocal agreement, in the event there is ever a utility tax or revenue component. Additionally, the City desires clarification on how revenue sharing would work with any revenues distributed by the City of Spokane under the County's interlocal agreement with Spokane. 15. The City desires that the County or system will enforce all flow control requirements. Another possibility may be for the system to pay for all flow control enforcement. 16. The City must have the ability to submit an RFP prior to termination in the event that it desires to go with a non -system alternative. In that RFP, the City would contemplate siting of a new transfer station. The City would require that section C(1)(ii) be amended to allow this. 17. City will want to discuss mutual indemnification further depending on its involvement in and level of control and responsibility for system. If the City has no or little control over the system and rates, it should not be required to indemnify the County. 18. The City desires to get reports of City of Spokane Valley tonnage going forward. 19. The City requests clarification on how the County envisions flow control working with the City of Spokane, especially if there are price differences and the Waste- to-Energy facility is cheaper than the system. Further, how much of the City of Spokane's waste goes to the transfer stations currently, and has the City of Spokane committed to continuing such deliveries? 20. The City desires clarification on how the County would make the required balloon payment in the event it opts-out at the end of three years and what impact it would have on signatory cities. 3 21. The proposed interlocal agreement broadly defines solid waste to include materials such as industrial wastes, sewage sludge, abandoned vehicles, and contaminated soils. Will such materials be accepted at the transfer stations? 22, The City intends to develop and adopt its own comprehensive solid waste management plan. 23. The City desires information on the status of the legacy landfills, including projected costs for ongoing closure maintenance, projected rate impacts, and projected final closure date. 24. The City requests a term of three years, although depending on County's agreement to implement cheaper alternatives at the three year opt -out, the City may be willing to discuss a possible longer term. Further, the City desires ability to exit without mutual agreement by providing reasonable advance notice, The City would consider possible limits on when this might be allowed (e.g., at the three-year buy-out period), 25. The City desires to discuss equity issues if the City of Spokane desires to join the County system in the future. As indicated, these are issues identified by the City specific to the handling of City of Spokane Valley solid waste. It is my understanding the County is revising the draft interlocal to be re -sent to prospective members. I encourage you to incorporate the City's comments or contact me for discussion/clarification. I believe we already concur on many of the comments and issues while some comments will require negotiation and discussion. The City would be happy to meet and discuss these with you. Finally, the City of Spokane Valley has made the determination to develop its own Comprehensive Solid Waste Plan. This plan will be developed with alternatives for inclusion in the County's system and possible public/private partnerships. Our objective is to develop an interlocal that will allow for final comparison and timely decisions on our part as soon as County rates are provided. Sincer Mike ckson, City Manager c: Dean Grafos, Mayor Arne Woodard, Deputy Mayor Rod Higgins, Councilmember Ed Pace, Councilmember Chuck Hafner, Councilmember Ben Wick, Councilmember Bill Bates, Councilmember 4 SPOKAN E COUNTY OFFIC,ii OI' COL1wIYCa'MfISSIONERS TODD MTF.I.KE, 1ST D1S111I0' • SHELLY O'QUIINN, 2ND 1ISIRIC1' • Al, FRENCH, 3RD Disriu t' March 31, 2014 Mr. Mike Jackson, City Manager City of Spokane Valley 11707 E. Sprague Avenue Spokane Valley, WA. 99206 RE: Responses to City of Spokane valley Comments Proposed Solid Waste Interlocal Agreement Dear Mr. Jackson, Thank you for your letter of March 20, 2014, wherein you present the City's comments, concepts, and issues of importance relative to consideration of participation in the County's Regional Solid Waste System. We have made a number of modifications to the Interlocal Agreement (ILA) in response to the comments that we received at the meeting at CenterPlace on February 27th and the comments presented in your letter. Updated versions of the ILA are enclosed for your consideration. Note that we have included a version in "track changes" format, as well as a "clean" version. Modifications to the ILA include the following: 1. We have modified "SECTION NO. 2: DURATION/TERMINATION" to allow for termination of the agreement by the City after 3 years, without penalty. 2. We have modified ATTACHMENT "C" to clarify the purposes of the solid waste enterprise fund, and to address the disposition of assets in the unlikely event that this fund is ever dissolved. 3. We have modified ATTACHMENT "C" to expand the responsibilities of the Solid Waste Advisory Committee to include participation in the budgeting process for the system, and providing recommendations regarding Gate Fees. 4. We have modified ATTACHMENT "C" to clarify the County's intent to further investigate alternatives for solid waste disposal during the term of the ILA, including the issuance of an RFP in approximately May of 2016. 5. We have added language to ATTACHMENT "C" clarifying that any utility taxes paid to the County by the City of Spokane pursuant to the City/County Agreement will be distributed to the participating jurisdiction proportionately based on tons of solid waste. Below, we have provided responses to each of the comments and questions included in your letter. We believe that these responses will clarify the County's position. As evidenced by the ILA modifications noted above, we have agreed to some of the City's proposals. However, there are some proposed changes to which we remain philosophically opposed. 1116 WEST BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0100 • (509) 477-2265 Mr. Mike Jackson March 31, 2014 Page 2 1. Given the time constraints on all parties, the City desires to work to general agreement on the concepts below. The City believes that the parties already concur on many of the issues and anticipates that those will be incorporated into the next draft of the proposed interlocal agreement by the County. The City desires to enter into a memorandum of understanding ("MOU') on resolving the others. After the MOU is executed, the parties may then work through details to include the other concepts in the proposed interlocal agreement once they are resolved. RESPONSE: The County believes, in light of the mounting time constraints, that it is more appropriate to resolve all issues and include them with the ILA as opposed to the MOU/ILA concept. 2. The City of Spokane Valley (the "City`) desires to have an actual rate or guaranteed rate ceiling incorporating all costs (capital costs, operating costs, program costs, and overhead costs) prior to executing the proposed interlocal agreement. RESPONSE: The County is more than willing to provide the City with an "estimate". At present, we believe that the gate fees will be at or below the present fees. It is not appropriate to provide a guaranteed fee to the City of Spokane Valley. This would place all the risk on the County and the other participating jurisdictions. The gate fees finally adopted will take many factors into account, and will depend in large part on the commitment of flow from the various jurisdictions. 3. The City believes that combining transfer station operations with transport and disposal will result in the lowest cost overall for the system. In order to do so, the City desires the County to issue an immediate Request for Proposals for combined transfer station operations, transport services, and disposal services to allow transition in three years to the lowest cost option. The City recognizes that the County is seeking a contractor to operate the transfer stations under a .t0 year term and that an early termination clause will be included in the operating contract. RESPONSE: The County respectfully disagrees. We believe that other disposal options will be available within a 3 to 5 year time frame, which will provide a more competitive bidding climate. We further believe that a 10 -year term will provide for more competitive rates for operation of the transfer stations. 4. The City desires to have future handling of solid waste tonnage from the West Plains area clearly delineated, including what transfer station, transport and disposal options will be utilized. The City has concerns about what may happen jf the new County system pays off the transfer stations after three years and utilizes an option other than the City of Spokane's Waste -to -Energy facility. Specifically, the City believes a new West Plains transfer station is not necessary as there are alternatives (use of the existing transfer stations) and a new West Plains station would result in excessive additional costs for the entire system. In any case, the City of Spokane Valley does not believe that all system users should support the development of a West Plains transfer station. Mr. Mike Jackson March 31, 2414 Page 3 RESPONSE: The County is responsible for providing a regional system. The rates will be comparable for all customers, For example, the County's agreement with the City of Spokane stipulates that the City of Spokane will continue to deliver historical flows to the Colbert Transfer Station, and will pay the same gate fees as any other customer, including the component that pays for the transfer stations. Similar to the way in which landfill closure costs are paid for by all rate payers, capital costs for new or existing transfer stations (including the Valley Transfer Station) will be paid for by all rate payers on a system wide basis, 5. The City desires to establish a governing body with authority to set rates, service levels, and other operational authority and control for the regional system, including local jurisdiction participation on such body. Other issues for consideration include possibly setting a rate ceiling, setting or removing the minimum Load charge for self - hauler s, and possible ownership issues. The City has remained consistent in regards to governance as it is critical to the City's commitment of representing our citizens through rate setting and cost control authority. RESPONSE: The approach described here is essentially the "Alliance" approach. This approach was unsuccessfully pursued several years ago. At this juncture, the County has decided to own and operate the regional system in a conventional fashion, in the same manner as other systems are set up throughout the state. The County does not agree that a separate governing body should be established. However, in the revised ILA, we have expanded and further clarified the role of Solid Waste Advisory Committee (SWAC). 6. The City requests a commitment from the County to always seek and obtain the lowest price option, with an opt -out available for the City if the County pursues higher priced options. If ownership is part of the agreement, the City would seek either buy-out or recovery of the Ciry's portion towards the capital investment, The City also seeks dialog on recovery of operational and other .enterprise fund reserves should the City withdraw at any time. RESPONSE: The County shares the City's desire to keep rates as low as possible. At this point in time, the County will retain ownership and risk for the entire regional system and joint ownership is not contemplated. 7. The City requests that if an intermodal facility or rail transloader is developed related to solid waste, it must have direct access at the same location to both Burlington Northern and Union Pacific rail lines in order to take advantage of competition for landfill disposal. Also, future competitive bids should not be restricted to a specific transport mode or specific intermodal system. System users should not directly fluid the development of rail facilities. These facilities should be funded by the private sector or other public/private partnerships. RESPONSE: It is not contemplated that the Regional Solid Waste system will own or operate an intermodal facility. If private industry builds an intermodal facility, then private industry will determine its location. Mr. Mike Jackson March 31, 2014 Page 4 8. The City desires a clear and transparent accounting of all aspects of operation, including arty intetfund transfers or other comingling of County resources, revenues, or expenses. RESPONSE: Funds from the Solid Waste Enterprise Fund will not be co -mingled with any other County funds. The ILA has been revised to provide: "COUNTY shall provide a statement of County Regional Solid Waste System income and expenses to the SWAC at the end of each fiscal year or on such other periodic basis as necessary for the SWAC to make a recommendation..." 9. The City requests the County to give consideration to local jurisdictions and their ability to provide certain services such as recycling or education in order to allow local jurisdictions more control over rates. RESPONSE: The Regional Solid Waste System will provide services on a regional basis. It is not in the best interests of the Regional Solid Waste System for the system to offer an "a la carte" approach from which member jurisdictions would choose various services/program(s). However, this is an example of a topic which could be brought before SWAC. 10. The City desires the gate rate to be reduced by the amount of the capital payment when the transfer stations are paid off. Specifically, the City desires that the interlocal agreement will clearly show a direct correlation between capital purchase payoff and rate reduction (e.g., if capital payment amount is equal to $11 per ton, upon pay off,the gate rate will be reduced by $11 per ton). RESPONSE: Clearly, once the transfer stations are paid for, the transfer station payment component will not be included in the calculation of the gate fees. However, the "cost of service" rate -setting approach will consider all anticipated capital costs and replacement costs for the regional solid waste system, as is typical. 11. The City desires to discuss the possibilities for ownership and equity in system facilities. The City would like clarification on what ownership, buy -in, and buyout would mean, how it could be accomplished, and how it would work for rate payers of various jurisdictions. Additionally, the City would like to understand how system control would be tied to ownership. RESPONSE: It has been determined that the County will own all regional solid waste system facilities. All funds and equipment of the regional solid waste system will be held in the Solid Waste Enterprise Fund, The Solid Waste Enterprise Fund will not be co - mingled with any other County funds. Although the County hopes that all jurisdictions will initially join the regional solid waste system, in the event some do not, then an equitable buy -in will need to be negotiated with any jurisdictions that join later, Mr. Mike Jackson March 31, 2014 Page 5 12. The City desires to have strict limits an any rent, lease, or depreciation costs included for the period of the agreement, including limits on what may be imposed after the facilities are fully paid. Additionally, the City desires to clearly idents any equipment or facility replacement or maintenance funds that may be required throughout the term of the agreement. Finally, the City desires to ident fy how future capital costs, including any reserve funds, will be applied to the gate rates. RESPONSE: The ILA has been revised in Section C. 2 to provide for SWAC's recommendation(s) relative to financial matters regarding the County Regional Solid Waste System. 13. The City desires to see the final rates (or rate estimates) with (1) all County, City and other local jurisdiction waste, and (2) all waste except for the City in order to understand the impact of the City joining the system. RESPONSE: There are numerous factors that affect gate fees. At this point in time, the County has not calculated gate fees for the various scenarios associated with participation in the regional solid waste system by certain jurisdictions. Some of the components of the gate fee can be adjusted by scaling back services on a geographical basis, and changing hours of operation for the transfer stations. 14. The City desires to have revenue sharing options included in the interlocal agreement, in the event there is ever a utility tax or revenue component. Additionally, the City desires clarification on how revenue sharing would work with any revenues distributed by the City of Spokane under the County's interlocal agreement with Spokane. RESPONSE: The County has added Language to Section C. 3 of the ILA addressing this item. 15. As a participant of the regional system, each jurisdiction is required to adopt and enforce the County's flow control ordinance. The City desires that the County or system will enforce all flow control requirements. Another possibility may be for the system to pay for all flow control enforcement. RESPONSE: The County is not opposed to regional flow control enforcement. However the costs of regional flow control enforcement could have an effect on the gate fee. 16. The City must have the ability to submit an RFP prior to termination in the event that It desires to go with a non -system alternative. In that RFP, the City would contemplate siting of a new transfer station. The City would require that section C(1) (1) be amended to allow this, RESPONSE: The County revised Section C: 1 of the ILA to address this concern. However, it should be noted that the siting of a transfer station is subject to the Essential Public Facilities siting process. Mr. Mike Jackson March 31, 2014 Page 6 17. City will want to discuss tnutual indemnification further depending on its involvement in and level of control and responsibility for system. If the City has no or little control over the system and rates, it should not be required to indemnf the County. RESPONSE: The liability language in the ILA is self limiting. That is to say, the City is only liable to the extent it negligently or intentionally performs or fails to perform any of its obligations under the ILA. 18. The City desires to get reports of City of Spokane Valley tonnage going forward. RESPONSE: The County is happy to provide this information to the extent that it is available. The tonnages may not be exact as collection routes do not necessarily conform to individual City corporate boundaries. 19. The City requests clarification on how the County envisions flow control working with the City of Spokane, especially if there are price differences and the Waste -to - Energy facility is cheaper than the system. Further, how much of the City of Spokane's waste goes to the transfer stations currently, and has the City of Spokane committed to continuing such deliveries? RESPONSE: The City of Spokane has mandatory garbage collection. The ILA between County and City of Spokane includes the following language address these concerns: G. Municipal Flow Control Interference: Both the CITY and the COUNTY recognize flow control to the Transfer Stations and to the City Waste To Energy Facility provides consistency to the CITY and the COUNTY and should not be intentionally disrupted by either the CITY or the COUNTY. The CITY and the COUNTY agree not to intentionally interfere with the other's attempt to meet all solid waste flow control requirements established within this Agreement. Specifically, neither party will intentionally interfere with Interlocal Agreements executed with other jurisdictions both within Spokane County and outside Spokane County during the term of this Agreement. The CITY and the COUNTY further agree to continue to cause the solid waste delivered to the Transfer Stations and to the Waste To Energy Facility respectively by the PARTIES to remain at historical volumes to the extent practicable through the term of this Agreement. (Emphasis added.) O. Gate Fees: For the purpose of transparency to the citizens of Spokane County, it is the intent of the CITY and the COUNTY to charge similar gate fees at the Transfer Stations and the Waste To Energy Facility Mr. Mike Jackson March 31, 2014 Page 7 throughout the term of this Agreement; however, both PARTIES understand that this subsection is not binding on either Party. The PARTIES shall give each other at least sixty (60) calendar days advance written notice in the event either determines to charge a gate fee which is not similar to the gate fee of the other party. 20. The City desires clarification on how the County would make the required balloon payment in the event it opts -out at the end of three years and what impact it would have on signatory cities. RESPONSE: There are several options. One option would be for the County to sell bonds to make the balloon payment. Debt service on the bonds would then replace the monthly transfer station payment to the City of Spokane. Another option would be for the County to borrow money from the Spokane County Investment Pool. A third option might be a combination of the above options. Clearly the County would only be implementing one of these options if it would result a reduction in the gate fee. 21. The proposed interlocal agreement broadly defines solid waste to include materials such as industrial wastes, sewage sludge, abandoned vehicles, and contaminated soils. Will such materials be accepted at the transfer stations? RESPONSE: Although the items mentioned are identified as solid waste under the County Flow Control Ordinance, the transfer stations are not equipped to handle them, since they are not municipal solid waste. However, the SCCSWMP identifies where these types of solid wastes are properly handled. 22. The City intends to develop and adopt its own comprehensive solid waste management plan. RESPONSE: This is the first official communication wherein the City has notified the County that it intends to develop and adopt its own comprehensive solid waste management plan. Based on this information, the County is not intending to plan for the City in conjunction with preparing our Comprehensive Solid Waste Management Plan. Note that the County must move forward with the extensive preparations for the new system, including, among others, the negotiations for a comprehensive planning contract and an operations contract, selection of a consultant for a rate study, hiring of staff, and agreements for various services. The scope and costs of all these activities will be directly affected by the extent to which jurisdictions opt to join the regional system. Therefore, in the interest of time and resources, we must require that all jurisdictions joining the system sign an ILA with the County by April 30, 2014. At this time, the County has made no provision within its planning process to accommodate the addition of any other jurisdiction after April 30, 2014. 23. The City desires information on the status of the legacy landfills, including projected costs for ongoing closure maintenance, projected rate impacts, and projected final closure date. Mr. Mike Jackson March 31, 2014 Page 8 RESPONSE: Long term closure activities for the legacy Iandfills continue. The County's annual Operation & Maintenance (O&M) budget for our 3 legacy Landfills is approximately $700K/year. Assuming the O&M was fully funded by the gate fees, the impact would be $5/Ton. It is difficult to predict a closure date for any of the sites due to the fact that the refuse remains buried on-site. Additionally, we are continuing to manage landfill gas, impacted groundwater, landfill cover systems and storm water. The County operates under the assumption that we will continue these activities for 20 years. Every 5 years EPA and Ecology perform a review of the remedial actions at each site and can adjust the site requirements. 24. The City requests a term of three years, although depending on County's agreement to implement cheaper alternatives at the three year opt -out, the City may be willing to discuss a possible longer term. Further, the City desires ability to exit without mutual agreement by providing reasonable advance notice. The City would consider possible limits art when this might be allowed (e.g., at the three-year buy-out period). RESPONSE: The County has modified SECTION NO. 2 of the ILA to allow the City to terminate any time after November 16, 2017 without any penalty and without receiving any payment frdm the County. The City will be required to provide a 12 -month notice prior to such termination. 25. The City desires to discuss equity issues f the City of Spokane desires to join the County system in the future. RESPONSE: The City df Spokane is a participant in the Regional System through their ILA with the County. By the end of April, the County roust fmalize the list of participating jurisdictions and move forward, in order to stay on schedule with the development of the new system. We understand that the City of Spokane Valley has hired a planning consultant to prepare a comprehensive solid waste management plan. However, we intend to meet Ecology's time frame and cannot delay, At this time, the County has made no provision within its planning process to accommodate the addition of any other jurisdiction after April 30, 2014. Please review the changes that the County has made to the ILA. We encourage the City of Spokane Valley to execute the document by the end of April. We would welcome the City's participation in the Regional Solid Waste System. Sincerely, Al Fren j; hair Enclosures (2) ,l4jjp1dIfl�1 d Mielke, Vice -Chair uinn Commissioner eD (21, '1 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND FOR SOLID WASTE TRANSFER AND DISPOSAL AND OTHER MATTERS RELATED THERETO THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY" and the , a municipal corporation of the State of Washington, having offices for the transaction of business at , Washington 99 , hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES," RECITALS: WHEREAS, the Spokane Regional Solid Waste System ("System") was created in 1988 by interlocal agreement between the City of Spokane and Spokane County cntii1oil "AMENDED AND R1 .FATED 1r1 '1 •;RLOCAL AGREEMENT BETWEEN Tr!L f 'l f r' ()1; S POKANE AND SPA,: CO L N I'Y, WASHINGTON SPOKANE R.E(JION,\1. SCD1:I1) WASTE 1V1.\ .\GEMENT S 'S"i'EM", There are 14 member jurisdictions which rcpresent all of incorporated :ind unincorporated Spokane County. early all. interlocal agrecrncrit and ci: ii:acts related iii thw. System expiry November 16, 20.14; and WHEREAS, the current System is administered as a department of the City of Spokane. The System's facilities consist of I`o.rr primary facilities: a waste -to -energy ("WTE") facility, a transfer station in Spokane Valley ("Valley '[ransfer Station"), a L ii' t :u station in unincorporated north Spokane County ("North County 'transfer Station")(jointly referred to as the "Transfer Stations") and the North side 1 andfrl1. All System facilities are currently operated and owned by the City of Spokane; and WHEREAS, the COUNTY 17,a>. c:i'i , l hito aro intorloc,rl aL cement with the City of Si kauie entitled `f'` f'EfLOCAL ACRi:I:i,f1: 1' BLit 1•wfli;i r\ 1111'; [;l"IY OF SPOKANE AND SPOKANE COUNTY REGARDING I ltAJSFER AI\1) 1)1SPC SAL OF SOLID WASTE" ("City/County Interlocal Agreement"). The purpose of the City/County Interlocal Agreement is, <u -non . other matters, to (i) formally terminate the System 1988 interlocal agreement as of November 16. 2014, (11) provide for the transfer of trwnersiip on November 17, 2014 of the Valley 'Transfer Station and North County Transfer Stalit}n to the COUNTY, and (iii) establish the terms and conditions for the delivery and disposal of all solid waste collected by the COUNTY at the Transfer Stations to the City of Spokane's 'VIE facility for disposal for a term of seven (7) years f"{2ounty Regional Solid Waste System"). Provided, the COUNTY reserved the right to terminate tire. City/County Interlocal Agreement after an initial three ('l) year time frame upon one years written notice to the City of Spokane in which insi.ancc, solid waste collected at the Transfer Stations would be truck hauled to regional landfills for disposal, truck hauled to intermodal facilities combined with rail haul to regional landfills or some other disposal option; and Page 1of13 WHEREAS, pursuant to the provisions of RCW 70.95.080(1), each county within the state, in cooperation with the various cities located within such county, shall prepare a coordinated, comprehensive solid waste management plan. The purpose is to plan for solid waste and materials reduction, collection, and handling and management services and programs throughout the state, as designed to meet the unique needs of each county and city in the state; and WHEREAS, pursuant to the provisions of RCW 70.95.080 (3), each city shall: (a) Prepare and deliver to the county auditor of the county in which it is located its plan for its own solid waste management for integration into the comprehensive county plan; or (b) Enter into an agreement with the county pursuant to which the city shall participate in preparing a joint city -county plan for solid waste management; or (c) Authorize the county to prepare a plan for the city's solid waste management for inclusion in the comprehensive county. ; and WHEREAS, pursuant to the provisions of RCW 70.95.080(1), the COUNTY is in the process of preparing a Spokane County Comprehensive Solid Waste Management Plan to replace the 2009 Comprehensive Solid Waste Management Plan; and WHEREAS, the CITY desires to designate RCW 70.95.080(3)(c) as its choice in conjunction with the COUNTY preparing a Spokane County Comprehensive Solid Waste Management Plan as well as any subsequent amendments, revisions or updates thereto to replace the 2009 Comprehensive Solid Waste Management Plan; and WHEREAS, the CITY, in consideration of the COUNTY handling disposal of the CITY's solid waste at the County Regional Solid Waste System as of November 17, 2014, agrees to exercise its police powers to designate the County Regional Solid Waste System as the sole site for disposal of solid waste under its control; and WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities may jointly cooperate between each other to perform functions which may individually perform. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the above recitals which are incorporated herein by reference, and as authorized by RCW 70.95.080 and chapter 39.34 RCW, the PARTIES do mutually agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to: (1) Reduce to writing the PARTIES' understandings as to the terms and conditions under which the COUNTY will prepare a Spokane County Comprehensive Solid Waste Management Plan ("SCCSWMP") as provided for in RCW 70.95.080(1) as well as any Page 2 of 13 subsequent amendments, revisions or updates thereto to replace the 2009 Comprehensive Solid Waste Management Plan and in conjunction therewith the CITY will select RCW 70.95.050 (3)(c) as its option with respect to its solid waste management planning. RCW 70.95.050(3)(c) provides as follows: (c) Authorize the county to prepare a plan for the city's solid waste management for inclusion in the comprehensive county. ; and (2) Establish participation by the CITY in the County Regional Solid Waste System as one of the Regional Cities. SECTION NO. 2: DURATION / TERMINATION This Agreement shall commence as of 12:01 A.M. November 17, 2014 and run until 11:59 P.M. on December 31, 2021. PROVIDED, however, the CITY may terminate this AGREEMENT upon twelve (12) months written notice as provided for in A.2 prior to the effective date. Under no circumstances shall this Agreement be terminated prior to December 31, 2017. Upon termination of this Agreement for any reason whatsoever, the CITY shall not be entitled to any part of the County Regional Solid Waste System enterprise fund provided for in C. 2 nor shall it be responsible for any unpaid amount owing and due on the acquisition of the Transfer Stations provided for in the City/County Interlocal Agreement. This Agreement may be extended in five (5) year increments for a period of twenty (20) years, or terms otherwise agreed upon, by mutual written agreement of the PARTIES. Provided, further the CITY acknowledges that in the event of termination, it will be obligated to prepare its own solid waste management plan pursuant to RCW70.95.080 (3)(a). SECTION NO. 3 AGREEMENT DOCUMENTS The rights and obligation of the PARTIES to this Agreement are governed by this Agreement and the attachments incorporated herein by reference (the "Agreement Documents"). The Agreement Documents include: (1) This Agreement, (2) Attachment "A" -General Terms and Conditions, (3) Attachment `B" -Special Terms and Conditions with respect to the City's selection of Option under RCW 70.95.080(3) in conjunction with Comprehensive Solid Waste Management Plan update-", and Page 3 of 13 (4) Attachment "C" -Special Terms and Conditions with respect to PARTIES' obligations with regard to the County Regional Solid Waste System. In the event of an inconsistency among the above listed Agreement Documents, the more specific shall control. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ATTEST AL FRENCH, Chair Clerk of the Board TODD MIELKE, Vice -Chair Daniela Erickson DATED: Attest: SHELLY O'QUINN, Commissioner CITY OF By: Title: City Clerk Page 4 of 13 ATTACHMENT "A" GENERAL TERMS AND CONDITIONS A. 1: DEFINITIONS As used in this Agreement, the following words shall have the following meanings, unless the context dictates otherwise: a. CITY shall mean the City executing this Agreement. b. City/County Interlocal Agreement shall mean that agreement executed between the City of Spokane and Spokane County entitled "INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE AND SPOKANE COUNTY REGARDING TRANSFER AND DISPOSAL OF SOLID WASTE". c. Comprehensive Solid Waste Management Plan or SCCSWMP shall have the same meaning as set forth in chapter 70.95 RCW, applicable WAC regulations and Guidelines for Development of Local Comprehensive Solid Waste Management Plan and Plan Revisions (February 2012 -Publication No. 10-07-005) as they presently exist or as they may be hereinafter amended. d. COUNTY shall mean Spokane County or any vendor contracted with by the COUNTY for services related to the management of solid waste. e. Flow Control Ordinance shall mean Ordinance No. 85-0398 of the COUNTY, adopted on May 14, 1985, as amended under Resolution No. 88-1268 of the County adopted on December 20, 1988 and Resolution No. 92-1500 of the COUNTY adopted on October 20, 1992 and as maybe further amended from time to time. f. Regional Cities or Signatory Regional City shall mean all incorporated cities and towns in Spokane County executing this Agreement to participate in the County Regional Solid Waste System. County Regional Solid Waste System includes (1) transfer and disposal of all solid waste collected at the Transfer Stations for all of unincorporated Spokane County as well as transfer and disposal of all solid waste collected at the Transfer Stations for incorporated municipalities in Spokane County who have executed an interlocal agreement with Spokane County to participate in the County Regional Solid Waste System, (2) ancillary services related to solid waste management as required under chapter 70.95 RCW as well as litter control, and (3) all facilities associated with the performance of the activities addressed in (1) and (2) above. h. Solid Waste shall mean all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, contaminated soils and contaminated dredged material, and recyclable materials. g. J. Transfer Stations shall mean the solid waste facility known as the North County Transfer Station, located at 22123 North Elk-Chattaroy Road, Colbert, WA 99005, Spokane County Assessor Parcel No. 37036.9060, and the solid waste facility known as the Valley Transfer Station, located at 3941 North Sullivan, Spokane Valley, WA 99206, Spokane County Assessor Parcel No. 45024.9027 including all structures and site improvements. Waste To Energy Facility or Facility or WTE shall mean that solid waste facility located at 2900 South Geiger Boulevard, Spokane, WA 99224, including the solid waste incinerator and the portion of the facility that serves the general public for disposal of household hazardous waste, recyclables, solid waste, yard debris, and other waste products. Page 5 of 13 k. Gate Fee shall mean the amounts charged per ton of solid waste by the City of Spokane or the COUNTY for disposal of solid waste by customers at the Waste To Energy Facility and at the Transfer Stations. Customers include private self -haulers and commercial haulers who bring solid waste to the facilities. The gate fee charged by either the City of Spokane or the COUNTY shall be inclusive of all costs, including applicable taxes. All other capitalized terms used herein, which are not defined, shall have the same meaning given in the City/County Interlocal Agreement. A. 2: NOTICE 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 first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set forth hereinabove such party, or at such other address as either party shall from time -to -time designate by notice in writing to the other party. A. 3: 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. A. 4: ASSIGNMENT No party may assign in whole or part its interest in this Agreement without the written approval of the other party. Provided, however, this does not prohibit the COUNTY from contracting for all or a portion of the preparation of the SCSWMP or maintenance and operation of the County Regional Solid Waste System. A. 5: LIABILITY The COUNTY 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 COUNTY's intentional or negligent acts or breach of its obligations under the Agreement. The COUNTY'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 COUNTY, 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's duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the COUNTY, 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 the Agreement. Each party waives, with respect to the other party only, its immunity under RCW Title 51, Industrial Insurance and only as necessary to make this indemnity provision enforceable with respect to claims relating to the death or injury Page 6 of 13 of CITY and/or COUNTY employees acting within the scope of this Agreement. The PARTIES have specifically negotiated this provision. COUNTY initials CITY initials A. 6: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. The COUNTY shall be an independent contractor and not the agent or employee of the CITY. The CITY is interested only in the results to be achieved and the right to control the particular manner, method and means in which COUNTY obligations are performed is solely within the discretion of the COUNTY. Any and all employees of the County who provide obligations to the CITY under this Agreement shall be deemed employees solely of the COUNTY. The COUNTY shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of the COUNTY for any purpose. A. 7: MODIFICATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. A. 8: PROPERTY AND EOUIPMENT The ownership of all property and equipment utilized in conjunction with either party meeting its responsibilities under this Agreement shall remain with the party acquiring the property or equipment regardless of the source of funds unless mutually agreed by the PARTIES to the contrary. Upon termination, the COUNTY shall own the County Regional Solid Waste System and all of its assets. A. 9: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT 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 such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. A. 10: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing. If the COUNTY CEO and the CITY 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 COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third 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 between the PARTIES. A. 11: 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 Page 7 of 13 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. A. 12: SEVERABILITY The PARTIES agree that 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 such statutory provision. A. 13: 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. A. 14: 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. A. 15: FILING The CITY shall file this Agreement with its City Clerk or alternatively place the Agreement on the CITY's website or other electronically retrievable public source. The COUNTY shall file this Agreement with the County Auditor, or, alternatively, place the Agreement on the COUNTY's website or other electronically retrievable public source. A. 16: 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. A. 17: 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. A. 18: 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 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. A. 19: 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. Page 8 of 13 A. 20: INSURANCE During the term of the Agreement, the COUNTY shall maintain in force at its own expense, each insurance noted below: a. Worker's Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employer's Liability or Stop Gap Insurance in the amount of not less than $1,000,000. b. General Liability Insurance on an occurrence basis, with a combined single limit of not less than $1,000,000 each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under this Agreement. c. Automobile Liability Insurance with a combined single limit, or the equivalent of not less than $1,000,000 each accident for bodily injury and property damage, including coverage for owned, hired and non -owned vehicles. d. Professional Liability Insurance with a combined single limit of not less than $1,000,000 each claim, incident or occurrence. This is to cover damages caused by the error, omission, or negligent acts related to the professional services to be provided under this Agreement. The coverage must remain in effect for two years after the Agreement is completed. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without at least 30 days written notice from the COUNTY or its insurer(s) to the CITY. A. 21: SUPERSEDES This Agreement shall supersede any prior agreement between the PARTIES with respect to the purpose of this Agreement as set forth in Section No. I . A. 22: RCW 39.34 REQUIRED CLAUSES a. PURPOSE: See Section No. 1. b. DURATION: See Section No. 2. 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 within Contract Documents. e. AGREEMENT TO BE FILED: See A.15. f. FINANCING: See provisions within Contract Documents. g. TERMINATION: See Section No. 2. h. PROPERTY UPON TERMINATION: See A.8. Page 9 of 13 ATTACHMENT "B" SPECIAL TERMS AND CONDITIONS WITH RESPECT TO CITY'S SELECTION OF OPTION UNDER RCW 70.95.080(3) IN CONJUNCTION WITH COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN UPDATE B. 1: CITY's SELECTION OF OPTION UNDER RCW 70.95.080(3) IN CONJUNCTION WITH COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN The CITY hereby selects the following option as provided for in RCW 70.95.080(3)(c) in conjunction with its solid waste management, namely: Authorize the COUNTY to prepare a plan for the CITY's solid waste management for inclusion in the Comprehensive Solid Waste Manage Plan. With regard to this option, the CITY: a. Authorizes the COUNTY to prepare a plan for the CITY's solid waste management as well as any amendments, revisions or updates thereto for inclusion in the SCCSWMP consistent with chapter 70.95 RCW, applicable WAC regulations and Guidelines for Development of Local Comprehensive Solid Waste Management Plan and Plan Revisions (February 2012 - Publication No. 10-07-005), b. Agrees to provide information to the COUNTY in conjunction with the preparation of the draft SCCSWMP or any amendments, revisions or updates thereto, c. Agrees to provide timely comments on any draft SCCSWMP or any amendments, revisions or updates thereto, d. Agrees to timely adopt the draft SCCSWMP or any amendments, revisions or updates thereto and in writing notify the COUNTY, e. Authorizes the COUNTY to submit the draft SCCSWMP or any amendments, revisions or updates thereto on behalf of the CITY and COUNTY to Washington State Department of Ecology ("WDOE') for its approval under RCW 70.95.094, and f. Agrees that when the SCCSWMP or any amendment, revisions or update thereto is finally adopted by WDOE it shall be binding upon the CITY in its solid waste management. With regard to this option, the COUNTY: Page 10 of 13 a. Shall prepare a plan for the CITY's solid waste management as well as any amendments, revisions or updates thereto for inclusion in the SCCSWMP consistent with chapter 70.95 RCW, applicable WAC regulations and Guidelines for Development of Local Comprehensive Solid Waste Management Plan and Plan Revisions (February 2012 - Publication No. 10-07-005), b. Shall submit the draft SCCSWMP or any amendments, revisions or updates thereto to the Solid Waste Advisory Committee for its review and comments, c. Shall submit the draft SCCSWMP or any amendments, revisions or updates thereto on behalf of the CITY and COUNTY to WDOE for its approval under RCW 70.95.094, and d. Shall pay for the all costs of preparing the SCCSWMP or any amendments, revisions or updates thereto. The COUNTY will seek fmancial aid from WDOE for preparing the SCCSWMP or any amendments, revisions or updates thereto as provided for in RCW 70.95.130. Provided, however, the PARTIES agree that any moneys expended by the COUNTY is preparing the SCCSWMP or any amendments, revisions or updates thereto in excess of WDOE financial aid, at the sole option of the COUNTY, shall be included in establishing any "gate fee" to be charged to individuals disposing of solid waste at COUNTY owned transfer stations and ultimately reimbursed to the COUNTY. The COUNTY shall maintain records of any all costs incurred in preparing the SCCSWMP or any amendments, revisions or updates thereto. (This space intentionally left blank.) Page 11 of 13 ATTACHMENT "C" SPECIAL TERMS AND CONDITIONS WITH RESPECT TO PARTIES' OBLIGATIONS WITH REGARD TO THE COUNTY REGIONAL SOLID WASTE SYSTEM C. 1: CITY's OBLIGATION WITH REGARD TO THE COUNTY REGIONAL SOLID WASTE SYSTEM CITY joins the County Regional Solid Waste System. CITY hereby covenants, agrees and contracts to exercise its police and contractual powers and authority as may now or hereafter be recognized in contract or at law to direct the deposit of Solid Waste generated within its geographical boundaries to the County Regional Solid Waste System. In conjunction with this obligation, the CITY will adopt and enforce the COUNTY's Flow Control Ordinance within its jurisdiction. During the term of this Agreement, subject to the exceptions currently in effect contained in the Flow Control Ordinance, the CITY (i) shall designate the County Regional Solid Waste System as its sole disposal site at all times, and (ii) shall enforce the Flow Control Ordinance continuously. In executing this Agreement, the CITY is designating the County Regional Solid Waste System as its sole disposal site at all times as required by the preceding sentence. C. 2: COUNTY'S OBLIGATIONS WITH REGARD TO THE COUNTY REGIONAL SOLID WASTE SYSTEM COUNTY shall own, maintain and operate the County Regional Solid Waste System. COUNTY shall additionally establish and maintain an enterprise fund for the County Regional Solid Waste System. All revenues, expenditures, liabilities, and assets, including Transfer Stations, belonging to the Regional Solid Waste System will be accounted for in the enterprise fund in compliance with Generally Accepted Accounting Principles. In the unlikely event that the County Regional Solid Waste System is ever dissolved, all assets within the enterprise fund will be transferred to the Landfill Closure Fund and used to mitigate landfill closure liabilities and expenses. COUNTY shall establish and set the gate fee to be charged for the delivery of all solid waste to the Transfer Stations. The City of Spokane shall establish and set the gate fee to be charged for the delivery of all solid waste to the WTE. The Transfer Stations gate fee may include a component to address the cost of closure, postclosure and cleanup of pre-existing landfills. For the purpose of this section, the terminology pre-existing landfills shall mean COUNTY owned Solid Waste disposal sites that have been closed and includes Colbert Landfill, Greenacres Landfill, Mica Landfill, as well as the County owned portion of the Old Marshall Landfill. COUNTY shall establish and maintain a Solid Waste Advisory Ceommittee as provided for in RCW 70.95.165. The SWAC and its composition/membership will be established by the Board Page 12 of 13 of County Commissioners. Each Signatory Regional City/Town shall have representation on the SWAC during the term of its Agreement with the COUNTY. The purpose of the SWAC shall be to create a forum for discussion between the COUNTY and the participating jurisdictions concerning the System and to create a body to which information concerning the System can be provided. The SWAC shall have no independent decision-making authority. The SWAC shall have the following responsibilities along with any additional responsibilities directed by the COUNTY: (1) assist in the development of programs and policies concerning solid waste handling and disposal, (2) review and comment upon proposed rules, policies, or ordinances prior to their adoption, and (3) review and make a recommendation to the COUNTY on the amount of the Gate Fee to be charged by the COUNTY for disposal of solid waste by customers at the Transfer Stations. In conjunction with making any recommendation on the Gate Fee, the SWAC shall include at least the following cost factors: (i) disposal costs; (ii) the acquisition costs of the Transfer Stations; (iii) operating and debt service reserves; (iv) debt service; (v) the operation and maintenance expenses of the Transfer Stations; (vi) Landfill Closure costs; and (vii) County Regional Solid Waste System Program costs, including but not limited to programs to educate and promote the concepts of waste reduction and recycling pursuant to RCW 70.95.090(7), litter control programs, and moderate -risk waste management pursuant to chapter 70.105 RCW. COUNTY shall provide a statement of County Regional Solid Waste System income and expenses to the SWAC for each fiscal year upon closure of the financial records or on such other periodic basis as necessary for the SWAC to make a recommendation on the amount of the Gate Fee. COUNTY shall provide the SWAC with three (3) months advance notice of any proposed change in the Gate Fee. Failure of the SWAC to make a recommendation to the COUNTY on any change to the Gate Fee after notice shall not preclude the COUNTY from enacting any change to the Gate Fee. C. 3: POTENTIAL FUTURE TRANSPORT AND DISPOSAL OPTIONS During the term of this Agreement, the COUNTY plans to further investigate the cost- effectiveness of various alternatives for Solid Waste disposal. The COUNTY anticipates that it will issue an RFP for long haul disposal in approximately May 2016. C. 4: PAYMENTS FROM THE CITY OF SPOKANE Any payments received by the COUNTY from the City of Spokane pursuant to Section 4.J. ("Utility Taxes") of the City/County Agreement shall be shared proportionately, after the deduction of all appropriate and reasonable administrative costs, based upon the tons of solid waste delivered to the County Regional Solid Waste System from the COUNTY and the signatory regional cities. Page 13 of 13 ATTACHMENT "B" SPECIAL TERMS AND CONDITIONS WITH RESPECT TO CITY'S SELECTION OF OPTION UNDER RCW 70.95.080(3) IN CONJUNCTION WITH COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN UPDATE B. 1: CITY'S SELECTION OF OPTION UNDER RCW 70.95.080(3) IN CONJUNCTION WITH COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN The CITY may elect to either (A) adopt its own Comprehensive Solid Waste Management Plan for integration into the COUNTY'S Comprehensive Solid Waste Management Plan as provided for in RCW 70.95.080(3)(a), or (B) authorize the COUNTY to prepare a plan for the CITY'S solid waste management for inclusion in the Comprehenvise Solid Waste Management Plan under RCW 70.95.080(3)(c). The CITY shall provide notice of the option selected within 14 days of the date the CITY executes this Agreement or June 18, 2014, whichever is the earlier date. Regardless of the planning option selected by the CITY, all other provisions of this Agreement shall remain in full force and effect. With regard to the option under RCW 70.95.080(3)(c), the CITY: C. 1: CITY's OBLIGATION WITH REGARD TO THE COUNTY REGIONAL SOLID WASTE SYSTEM CITY joins the County Regional Solid Waste System for the term of this Agreement, as provided in Section No. 2. CITY hereby covenants, agrees, and contracts to exercise its police and contractual powers and authority as may now or hereafter be recognized in contract or at law to designate the County Regional Solid Waste System as its sole disposal site at all times and to direct the deposit of Solid Waste generated within its geographical boundaries to the County Regional Solid Waste System. In conjunction with this obligation, the CITY hereby authorizes the COUNTY to enforce the COUNTY'S Flow Control Ordinance within the CITY'S jurisdiction during the term of this Agreement. The CITY shall adopt the COUNTY'S Flow Control Ordinance, and shall take any and all necessary action, including but not limited to adoption of any ordinances, revocation or non -renewal of any licenses or franchises, or execution of any interlocal agreements required to authorize and allow COUNTY enforcement. During the term of this Agreement, subject to the exceptions currently in effect contained in the Flow Control Ordinance, the COUNTY shall enforce the Flow Control Ordinance continuously within the CITY'S boundaries. In executing this Agreement, the CITY is designating the County Regional Solid Waste System as its sole disposal site at all times for the term of this Agreement as required by this section. New language: C.5: CITY UTILITY TAXES In the event that the CITY imposes a utility tax in the future on Solid Waste received at the Transfer Stations and originating from within the CITY's corporate limits, the COUNTY shall collect that tax in conjunction with the collection of the Gate Fee. Within thirty (30) calendar days of the end of each month this Agreement is in effect, the COUNTY shall remit the utility taxes so collected in the previous month to the CITY, after the deduction of all appropriate and reasonable administrative costs of the Solid Waste System, including any costs associated with the implementation, administration, and management of the collection of the tax. DRAFT AGREEMENT FOR COMPREHENSIVE SOLID WASTE TRANSFER, TRANSPORT, AND DISPOSAL SERVICES SUNSHINE RECYCLERS, INC. 11 IIS ACiREEMENT is -Aade, b ndl-lov,I.•,:_n the (..iity I City of th.,2 01-',A..tshirtgLon, ite:einalter "City' and Inc.. L11 -...a Smnsiline. Disposal ii FLL\C.1ing, hcre. Ira r Factor," jnintly r.,.:12rred to RECITALS WHEREAS. pursuant to chapter 70.95 RCW. a locd iovernnient is responsible for the managemont solid witbin its jurisdictional boundaries; and 'hERI:\-ihc City has undc-rgone an exlcnsive res_..arcli and revicw process, which has in-Judo:I multiple opH,0:1:-; tor N.Aid 1aiLi.6port, and disposal management: and fl 'R. HA ;I.hc interlocal agreement with the Spokane Regional Solid Sy'AVir 01 "NI) VC1111)Ltr 16, 2014; and wI!l1A tit(:ty is miLlid by law to provide solid waste transfer, transport, and Nci.vicc!-; by November 17, 2014; and \k' I 1 11.?..1.:AS, after due con!-:ir.L.1 ;Ilion of h pt ioris ki[dc, lie City Council of the City in the be.:t intori...44 s irisand Ii health, safety, and welIrIfur rct-lvirsikility cif mana,InL,1 solid wa.sie generated within its ancr or -the ophiolls. :iv;1:INH142, the. time const!-aints and the needs ol (Ay and ILL2 COL[Ati.H:EI ITC 11y has dc-iLrrniricd it 1.)st ini,crc,s1 of citi4ens :rid Lou ),volfane for thc Cly 10 provide for solid waste transfer, transport, olid disposaavices through a contract with a. private provider; ard WI I lie Contractor will be able to1t-iryiLle. solid waste transfer, transport, and di;iHycrvices by November 17, 2014; and Will .:R11.).S, the Pa7ties have, in good Lii IIL this icct1nt and commit to 1(cIi:Ii]Ig to resolve any [taw e contract disputes, if Luny !-,Lic.nilci oecur, in good laith. NOW, THEREFORE, IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: Agreement for Comprehensive S D lid Wst Transfer, Transport, and Disposal Services Page 1 oc46 ARTICLE 1 DEFINITIONS 1.1 Defined Terms. All capitalized tutus utilized in this Agreement are intended to have the meaning defined in this Article 1 whether or not the term is defined prior to its use in this Agreement. The following definitions shall apply to the entirety of this Agreement unless it is clear from the context that another definition applies. 1.2 Definitions. "Acceptable Waste" means all Solid Waste excluding Recyclables, Organics, C&D Waste, and Unacceptable Waste. "Agreement" means this Agreement between the City and Contractor and all mutually adopted amendments thereto. "Business Days" means Monday through Friday, excluding designated holidays listed on Exhibit "A". "C&D Waste" refers to "construction and debris waste" and means Solid Waste generated in the course of construction, demolition, and remodeling, which includes, but is not limited to concrete, brick, masonry, bituminous concrete, plastic (PVC), reinforcing steel, dimensional wood, plaster (sheet rock), fiberglass insulation, composition roofing, roofing paper, metal roofing, metal fencing, copper, white goods and appliances (without CFC and Freon), and similar non -hazardous construction, non -paper or textile materials. "City" means the City of Spokane Valley, Washington. "City Representative" means the representative of the City identified in Section 16.3. "Consumer Price Index" or "CPI" means the Consumer Price Index for All Urban Consumers (CPI -U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics ("BLS"). The Parties may refer to the BLS Internet Site or other BLS source to determine the applicable CPI Index. "Contractor" means Sunshine Recyclers, Inc., dba Sunshine Disposal & Recycling and all successors and assigns. "Customer Service Plan" means the plan established by the Contractor to direct customer service standards, goals, and plans for implementing new procedures in response to customer service issues and complaints, as provided in Section 3.9. "Days" means calendar days unless the time period called for is five days or less, in which case it shall mean the standard Business Days of Monday through Friday, and excluding designated holidays listed on Exhibit "A". Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 2 of 46 "Designated Haulers" means commercially operated Solid Waste haulers with which the City has a Solid Waste contract. "Disposal Facility" means the facility or facilities to dispose of all Acceptable Waste, and any disposal facilities, recycling facilities, or composting facilities for disposal, recycling, or composting of Recyclables, Organics, C&D Waste, MRW, and Special Waste. "Disposal Services" means those services provided by the Contractor under this Agreement to finally dispose of, recycle, or compost the Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste. "Effective Date" means , 2014. "Food Scraps" means all compostable pre- and post -consumer food waste, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds, or egg shells, and food -soiled paper, such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper products accepted by the Contractor's selected composting site. Food Scraps shall not include dead animals, plastics, diapers, kitty litter, liquid wastes, ashes, pet wastes, or other materials the selected composting facility is not permitted to compost or that are identified in the future by the selected composting facility with advance written notice provided to the City of such identification by Contractor after Contractor receives such notice. "MRW" means moderate risk Solid Waste that is hazardous and produced by households, businesses, and institutions, but is exempt from regulation under chapter 70.105 RCW because it is generated in quantities below the thresholds set forth in chapter 70.105 RCW and associated regulations as currently adopted and as hereafter amended. MRW refers to both "hazardous household waste" and "conditionally exempt small quantity generator waste". "Organics" means all Source -Separated Yard Waste and Food Scraps separately or combined. "Recyclables" means those Solid Wastes that are Source -Separated for recycling or reuse, such as papers, plastics, metals and glass, which are identified as recyclable material pursuant to a local comprehensive solid waste plan. "Self Haulers" means all citizens and entities located or operating within the City other than Designated Haulers that dispose of Solid Waste with the Contractor. "Solid Waste" means all putrescible and non-putrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, demolition and construction wastes, yard wastes, and recyclable materials generated by public, private, industrial, commercial, mining, and agricultural operations. "Solid Waste Services" means the Transfer Services, Transport Services, and Disposal Services provided by the Contractor pursuant to this Agreement. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 3 of 46 "Source -Separate" means certain food, organic and reclaimable materials that are separated from Acceptable Waste by the generator for recycling, reuse, or composting, including but not limited to Recyclables, Organics, and other materials. "Special Waste" means Solid Waste that is otherwise considered Acceptable Waste, but by virtue of its unique properties, size, weight, composition, type, applicable legal requirements, or other characteristics, requires special handling or extraordinary management for transfer, transport, and disposal distinct from the level of handling and management required for Acceptable Waste, and is thereby subject to special compensation. Examples include, but are not limited to, tires, fluff, white goods, appliances, large quantities of ash, asbestos, and concrete, rocks or stumps over three feet in diameter. "Surety" means the surety required pursuant to Section 3.16 to guarantee performance of the Solid Waste Services under this Agreement. "Transfer Facility" means the total of all facilities at one or more locations located within the City's boundaries that are operated by the Contractor to accept and process Solid Waste under this Agreement. "Transfer Services" means those services provided by the Contractor under this Agreement to collect and process Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste from Designated Haulers and Self Haulers at a Transfer Facility so that such Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste may be transported to a Disposal Facility and processed or finally disposed. "Transport Services" means those services provided by the Contractor under this Agreement to transport processed Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste from the Transfer Facility to the Disposal Facility. "Unacceptable Waste" means all Solid Waste not authorized for disposal at the Transfer Facility and/or Disposal Facility by those governmental entities having jurisdiction over such facilities, or any waste, the disposal of which would constitute a violation of any governmental requirements pertaining to the environment, public health, or safety, or which, in the Contractor's reasonable opinion, would be considered Unacceptable Waste and/or would not be accepted for disposal by the operator of the Disposal Facility. Unacceptable Waste includes any waste that is now or hereafter defined by federal, state or local law or by the disposal jurisdiction as radioactive, dangerous, hazardous, or extremely hazardous waste. Unacceptable Waste includes Solid Waste that is or contains any infectious waste, radioactive, volatile, corrosive, flammable, explosive, biomedical, bio -hazardous or toxic material. Unacceptable Waste may also include ashes, asbestos, swill, sewage sludge, other biosolids, and industrial wastes. "Uncontrollable Circumstances" means events and circumstances commonly known as "force majeure", acts of God, or other circumstances reasonably beyond the control of either Party. The term includes riots, wars, civil disturbances, insurrections, acts of terrorism, epidemics, natural disasters, severe weather conditions, explosions, fires, severe floods, strikes Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 4 of 46 reasonably beyond the control of either Party, and other similar events that directly affect the ability of either Party to provide the Solid Waste Services as contemplated herein. Typical snow, ice, and flooding conditions that affect road conditions, rail conditions, or the operations of the Transfer Facility or Disposal Facility shall not be considered Uncontrollable Circumstances, provided that such conditions do not make the roads and rail impassable or the Transfer Facility or Disposal Facility inaccessible. "Yard Waste" means plant and vegetative waste commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities that is free from chlopyralid or other similar substances that are identified in the future by the Disposal Facility with advance written notice provided to the City of such identification by Contractor after Contractor receives such notice, and which cause the Disposal Facility not to accept such Yard Waste for composting. Yard Waste includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree pruning debris. ARTICLE 2 REPRESENTATIONS AND WARRANTIES 2.1 Representations, Warranties, and Covenants of the Contractor. The Contractor covenants, represents and warrants to and for the benefit of the City, unless otherwise expressly specified, that as of the date of this Agreement and throughout its term: A. Organization of the Contractor. The Contractor is a duly organized and validly existing corporation under the laws of the State of Washington and Contractor is in good standing under the laws of the State of Washington and prior to the commencement of services under this Agreement will be in good standing with and duly licensed to do business in the State of Washington and the states in which any Transfer Facility and any Disposal Facility are located. B. Subcontractors Duly Licensed. The Contractor hereby agrees and covenants that it shall not hire, employ, or contract with any subcontractor for the provision of any part of the Solid Waste Services under this Agreement unless such subcontractor is duly organized and validly existing under the laws of the state in which it is incorporated or created, and it is duly licensed to do business in the State of Washington and in the states in which it is providing the Solid Waste Services on behalf of Contractor. C. The Contractor's Power to Execute. The Contractor has full legal right, power and authority to execute, deliver, and perform its obligations under this Agreement, and has duly authorized the execution and delivery of this Agreement. This Agreement has been duly executed and delivered by the Contractor and constitutes a legal, valid and binding obligation of the Contractor enforceable against the Contractor in accordance with its terms except as such may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws affecting creditors' rights generally, the exercise of judicial discretion in granting or denying equitable relief, the principles of commercial reasonableness, good faith and fair dealing, waiver, estoppels and unconscionability and by general equitable principles. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 5 of 46 D. No Violations or Conflicts. To the best of the Contractor's knowledge, neither the execution nor delivery by the Contractor of this Agreement, the performance by the Contractor of its obligations hereunder, nor the fulfillment by the Contractor of the terms and conditions hereof: 1. Conflicts with, violates or results in a breach of any applicable law, ordinance, permit, approval, governmental approval or regulation; or 2. Conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or any agreement or instrument to which the Contractor is a party or by which the Contractor or any of its properties or assets are bound, or constitutes a default thereunder. E. Unethical Conduct. The Contractor has not engaged in any type of unethical conduct including, without limitation, collusion, the rigging of proposals, offers or other responses or the submission of a proposal, offer or other response which is intentionally high or noncompetitive for the purpose of giving the appearance of competition. F. No Conditions Precedent to Execution. No approval, authorization, license, permit, order or consent of, or declaration, registration or filing with any governmental or administrative authority, commission, board, agency or instrumentality is required for the valid execution and delivery of this Agreement by the Contractor. G. Appropriate Approvals. The Contractor holds, or is expressly licensed to use, all patents, rights, licenses, approvals and franchises necessary or appropriate to operate and maintain the Transfer Facility and to provide the Solid Waste Services pursuant to the terms of this Agreement. H. Right to Use Facilities and Equipment. 1. As of November 17, 2014, the date of commencement of Solid Waste Services under this Agreement, the Contractor owns, leases or has binding and enforceable contractual rights to use all facilities and equipment necessary or appropriate for the Contractor to fulfill its duties and responsibilities under this Agreement, and the Contractor shall deliver to the City, upon its request, proof satisfactory to the City of such ownership, lease or contractual rights. 2. During the term of this Agreement, Contractor shall own, lease, or maintain ongoing binding and enforceable contractual rights to use all facilities and equipment necessary or appropriate for the Contractor to fulfill its duties and responsibilities under this Agreement, and the Contractor shall deliver to the City, upon its request, proof satisfactory to the City of such ownership, lease or contractual rights. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 6 of 46 I. Truth and Accuracy. The information the Contractor supplied to the City as part of the process to enter into this Agreement was true and accurate when made and, as of the date of this Agreement, remains true and accurate. J. No Change in Financial Condition. There has been no material adverse change in the Contractor's financial condition since the issuance date of the bank commitment letter submitted by the Contractor to the City. K. Contractor is Experienced. The Contractor is fully experienced in each of the areas under which it will have duties and obligations under this Agreement and has adequate personnel and experience to fully, properly and satisfactorily discharge its duties and obligations under this Agreement. The City is specifically relying on representations from the Contractor that it has the skill, experience and means to provide the services set forth in this Agreement. L. Proceedings Against the Contractor. As of the date of this Agreement there is not and shall not be any action, suit, proceeding or, to the best of the Contractor's knowledge, investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or, to the best of the Contractor's knowledge, threatened, against the Contractor, wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially or adversely affect the performance by the Contractor of its obligations hereunder or which, in any way, would adversely affect the validity or enforceability of this Agreement or any other agreement or instrument entered into by the Contractor in connection with this Agreement. M. Provision of Solid Waste Services. The Contractor has the ability to and will inspect, accept, process, transfer, transport, dispose of, recycle, and compost all Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste received by Contractor in accordance with the terms and conditions of this Agreement. The Contractor has approved and executed all necessary contracts with any third -party providers, including any providers of Transport Services and Disposal Services. 2.2 Representations, Warranties, and Covenants of the City. The City covenants, represents and warrants to and for the benefit of the Contractor, unless otherwise expressly specified, that as of the date of this Agreement and throughout its term: A. Organization of City. The City is a non -charter code city, duly organized and validly existing under the Constitution and laws of the State of Washington, with full legal right, power, and authority to enter into, execute, and deliver this Agreement, and perform its obligations under this Agreement. B. City's Authority to Execute. The City has duly authorized the execution and delivery of this Agreement and this Agreement has been duly executed and delivered by it and constitutes a legal, valid and binding obligation of the City enforceable against the City in accordance with its terms except as such may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws affecting creditors' rights generally, the exercise of judicial discretion in granting or denying equitable relief, the principles of commercial reasonableness, Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 7 of 46 good faith and fair dealing, waiver, estoppels and unconscionability and by general equitable principles. C. No Violations or Conflicts. To the best of the City's knowledge, neither the execution nor delivery by the City of this Agreement, the performance by the City of its obligations hereunder, nor the fulfillment by the City of the terms and conditions hereof: 1. Conflicts with, violates or results in a breach of any applicable law, ordinance, permit, approval, governmental approval or regulation; or 2. Conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or any agreement or instrument to which the City is a party or by which the City or any of its properties or assets are bound, or constitutes a default thereunder. D. No Conditions Precedent to Execution. No approval, authorization, license, permit, order or consent of, process, procedure, or declaration, registration or filing with any governmental or administrative authority, commission, board, agency or instrumentality is required for the valid execution and delivery of this Agreement by the City, except: (1) approval and authorization from the City Council is necessary to execute this Agreement; and (2) the Parties agree that due to time constraints, the City cannot adopt its Comprehensive Solid Waste Management Plan prior to execution of this Agreement. The Parties agree that City shall commence development of its Comprehensive Solid Waste Management Plan and shall diligently pursue completion, approval, and adoption of the Comprehensive Solid Waste Management Plan and adoption of any Spokane Valley Municipal Code Provisions necessary to implement the Comprehensive Solid Waste Management Plan. E. Proceedings Against the City. As of the date of this Agreement, there is not and shall not be any action, suit, proceeding or, to the best of the City's knowledge, investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or, to the best of the City's knowledge, threatened, against the City, wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially or adversely affect the performance by the City of its obligations hereunder or which, in any way, would adversely affect the validity or enforceability of this Agreement or any other agreement or instrument entered into by the City in connection with this Agreement. F. Contractor as Sole Provider. During the term of this Agreement, City shall not contract with any other entity to provide the Solid Waste Services provided by Contractor herein. City shall not be precluded from undertaking a procurement process and entering into a contract with another entity prior to the completion of the term of this Agreement in order to ensure there is no interruption of services after the completion of the term of this Agreement; provided that any such entity shall not commence providing services until the term of this Agreement is completed and this Agreement is terminated as provided herein. Nothing herein shall modify the City's rights of termination or remedies in the event of a default under Article 11. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 8 of 46 2.3 Independent Representations and Warranties. The covenants, representations and warranties described in this Article are not exclusive and shall not be construed to exclude or limit those required elsewhere in this Agreement or to modify, limit or lessen in any way, any rights or remedies that either Party may have against the other or the Surety provider. ARTICLE 3 CONTRACTOR RESPONSIBILITIES 3.1 Provide Transfer Services. During the term of this Agreement, the Contractor shall be responsible for and shall provide Transfer Services for Self Haulers and the Designated Haulers at the Transfer Facility. The Transfer Facility shall be identified on Exhibit "A". Transfer Services shall include, but are not limited to the following services, requirements, and conditions: A. Acceptable Waste. The Transfer Facility shall be at such location and of such size and capacity so as to process all Acceptable Waste generated in the City, currently estimated at 50,000 tons annually. Further, the Transfer Facility shall be at such location and of such size and capacity so as to allow Self Haulers and Designated Haulers to deliver Acceptable Waste during the times and days specified in Exhibit "A" without unreasonable delay or interruption to the Designated Haulers' collection service. The Contractor shall ensure that during peak operations there is no obstruction of traffic on any streets surrounding the Transfer Facility other than obstructions arising from Uncontrollable Circumstances. The amount of tonnage is strictly an estimate agreed to by the Parties to determine the size and capacity needed for the Transfer Facility and no specific tonnage of Acceptable Waste is guaranteed by such statement. B. Recyclables, Organics, C&D Waste, and MRW. The Contractor shall provide, as part of the Transfer Facility, programs and means for accepting and processing Recyclables, Organics, C&D Waste, and MRW, as appropriate, so as to allow Self Haulers and Designated Haulers to deliver such wastes and Recyclables at the times and days specified in Exhibit "A" without unreasonable delay or interruption to the Designated Haulers' collection service except to the extent such interruption or delay arises from Uncontrollable Circumstances. Contractor shall be entitled to separate and commercially use Acceptable Waste and C&D Waste delivered to the Transfer Facility; provided any separation activities shall not cause unreasonable delay or disruption of delivery and acceptance of Solid Waste at the Transfer Facility. C. Special Waste. Contractor shall make all reasonable efforts to accept and process Special Waste; provided, Contractor may make additional charges for, or fix new or additional rates for the handling or disposal of Special Waste. In the event that applicable legal requirements or excessive cost of processing would preclude Contractor from reasonably processing Special Waste, Contractor may reject such Special Waste. D. No Delay of Services. The Contractor, at its sole direction and expense, shall keep or shall ensure that the Transfer Facility and Transfer Services equipment are in good working order and repair so as to provide Transfer Services without interruption or unreasonable delay of services except to the extent such interruption or delay arises from Uncontrollable Circumstances. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 9 of 46 E. Right to Refuse Service. Contractor reserves the right to refuse to any business patron the right of access to the Transfer Facility or Disposal Facility when the customer has violated the facility's rules and policies and/or rules and regulations prescribed by law or the customer is delinquent more than 30 days on account of any money due the Contractor for Solid Waste Services. 3.2 Screening for Unacceptable Waste. A. Screening. The Contractor shall not be required to receive, handle, transport, or dispose of any Unacceptable Waste. The Contractor shall establish and maintain appropriate equipment and a program of operating, monitoring, and screening procedures for the Transfer Facility to prevent the receipt, handling, shipping or disposal of Unacceptable Waste. The Contractor shall inspect and screen all Solid Waste delivered to the Transfer Facility for all Unacceptable Waste prior to transport and disposal at the Disposal Facility. Contractor may decline any Unacceptable Waste and may require the hauler attempting to dispose of such Unacceptable Waste to remove the Unacceptable Waste in accordance with federal, state and local law. B. Training. Transfer Facility staff shall be properly instructed and trained on screening for Unacceptable Waste in accordance with applicable federal, state, and local laws. C. Liability for Unacceptable Waste. The Contractor shall be financially and otherwise liable for the handling and disposal of any Unacceptable Waste that is accepted by it. The City shall in no event be financially or otherwise liable for any Unacceptable Waste accepted, processed, transported, or disposed of by the Contractor. 3.3 Provide Transport Services. The Contractor shall be responsible for and shall provide Transport Services for all Acceptable Waste, C&D Waste, Recyclables, Organics and accepted Special Waste from the Transfer Facility to the Disposal Facility to which the applicable waste is delivered for processing or disposal. The Contractor may utilize any lawful means for providing Transport Services, including contracting with third -party transport service providers. The Contractor, at its sole direction and expense, shall ensure that Transport Services are provided at all times without interruption or unreasonable delay of services except to the extent such interruption or delay arises from Uncontrollable Circumstances. 3.4 Provide Disposal Services. A. Acceptable Waste and Special Waste. The Contractor shall be responsible for and shall provide Disposal Services for all Acceptable Waste and accepted Special Waste at a Disposal Facility permitted to accept such waste in compliance with all federal, state, and local regulations. The Contractor may utilize any lawful means for providing Disposal Services, including contracting for use of a third -party Disposal Facility. The Disposal Facility or facilities shall be initially identified on Exhibit "A". The Contractor, at its sole direction and expense, shall ensure that Disposal Services are provided without interruption or unreasonable delay except to the extent such interruption or delay arises from Uncontrollable Circumstances. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 10 of 46 B. Recyclables, Organics, C&D Waste, and MRW. As part of its provision of Disposal Services, Contractor shall recycle all Recyclables, compost all Organics, and dispose all C&D Waste and MRW in accordance with applicable federal, state, and local laws. The Contractor shall ensure that all Source -Separated Recyclables delivered to and accepted at the Transfer Facility are recycled and all Source -Separated Organics delivered to and accepted at the Transfer Facility are composted and are not disposed of as Acceptable Waste, unless otherwise approved by the City in writing, which approval shall not be unreasonably withheld, conditioned or delayed. The Contractor shall identify to City in writing all facilities used to recycle Recyclables, compost Organics, and dispose of C&D Waste, and MRW. 3.5 Primary Services. The Contractor shall provide Transfer, Transport and Disposal Services to the City in accordance with the terms and conditions of this Agreement. The Contractor may accept and process legally acceptable Solid Waste from sources other than City that is not otherwise prohibited to be delivered to the Transfer Facility, but at no time shall any acceptance or processing of Solid Waste from sources other than the City limit the Contractor's ability to provide Solid Waste Services to the City and its Designated Haulers and Self Haulers in accordance with the terms and conditions of this Agreement. Should the ability of the Contractor to process Solid Waste generated within the City and other Solid Waste become limited, whether due to decreases in capacity at the Transfer Facility or Disposal Facility or otherwise, the Contractor shall first limit the receipt and processing of Solid Waste from sources other than the City to allow as much Solid Waste generated within the City to be handled as is required under this Agreement. 3.6 Education. Upon request by the City, the Contractor shall assist the City in providing solid waste education, including but not limited, public outreach to educate City residents and businesses regarding the transition to the use of the Contractor's Transfer Facility, education regarding options for recycling, Organics, and MRW, and other educational outreach efforts identified by either Party as set forth in Exhibit "B"; provided, the City shall be responsible for all costs of providing education. The City may request additional education services and the Parties shall negotiate in good faith any necessary changes to Service Fees to cover costs or expenses for the additional education. 3.7 Cooperation. Contractor shall cooperate with the City, Designated Haulers, any third -party providers of Transfer Services, Transport Services and Disposal Services, and the Disposal Facility provider to ensure that Acceptable Waste, Recyclables, Organics, C&D Waste, MRW, and Special Waste is legally, efficiently, promptly, and without unreasonable delay or interruption of service accepted, transferred, transported, disposed of, recycled and composted in accordance with the terms of this Agreement, except to the extent such interruption or delay arises from Uncontrollable Circumstances. 3.8 Performance Standards. The Contractor shall provide all Solid Waste Services in compliance with the performance standards provided in Exhibit "C". Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 11 of 46 3.9 Customer Service. A. Contractor shall comply in all respects with the customer service standards contained herein. B. Contractor, its employees, agents and subcontractors shall conduct themselves in a manner to create a positive image of the Contractor and City. Contractor shall provide a customer service telephone line, website, and representative to handle any customer service complaints or questions during the normal business hours of the Transfer Facility. 1. The Contractor shall maintain a toll-free or collect call telephone access line which will be available to customers twenty-four hours per day, seven days per week. A customer service representative shall be available to respond to customer inquiries by such telephone line during the normal business hours of the Transfer Facility. After normal business hours, the access line shall be answered by a service or automated response system, including an answer machine. Inquiries received after hours shall be responded to on the following Business Day. 2. The Contractor shall maintain a website which will be available to customers twenty-four hours per day, seven days per week. The website shall contain current Service Fee and Organics Fee rates, as well as any pending changes to such rates. The website shall contain contact information for the telephone access line. The website shall contain waste acceptance standards and educational materials as provided herein. C. Customers shall have the right to speak to a supervisor in the event the customer is not satisfied with the response from the customer service representative. The City shall direct any customer inquiry to the customer service representative or supervisor if the customer has not already done so. In the event the customer is not satisfied with the response after speaking with the supervisor and contacts the City, a Contractor liaison shall promptly meet with the City to attempt to resolve the issue. D. Contractor shall develop a Customer Service Plan, to be approved by the City, which shall identify and outline customer service standards, customer service goals, and strategies and plans for implementing new procedures in response to customer service issues or complaints. The Customer Service Plan shall include reasonable times for responses to complaints. The City shall approve the Customer Service Plan and any updates thereto, which is included as Exhibit "D". The Contractor shall review the Customer Service Plan periodically, but not less than once per year, and update as necessary. E. All customer service complaints or concerns shall be documented and provided as part of the Contractor's annual report and to the City within seven Business Days after request by the City. F. Contractor shall ensure that all contracts between it and the Designated Haulers are commercially reasonable and comply with all terms contained herein, including the Performance Standards and Customer Service Plan. Contractor may include any terms that are commercially Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 12 of 46 reasonable, including penalties, interest fees, late charges and service limitations and restrictions for late or non-payment or violation of rules; provided, however, all Designated Haulers, including Designated Haulers that may be owned, operated, or are subsidiaries of Contractor shall be charged the same rates, penalties, and fees and be subject to the same service limitations and restrictions. 3.10 Notice of Disruption of Service. Contractor shall notify the City Representative of any construction, maintenance, or other activity or occurrence which could disrupt, slow or otherwise impact the provision of Solid Waste Services immediately after Contractor becomes aware of such activity or occurrence. 3.11 Notice of Other Facilities. Contractor may notify the City in writing in the event that the Contractor obtains access to alternative transfer or disposal facilities or desires to use other methods of waste disposal which could be utilized in carrying out this Agreement. In the event Contractor desires to use alternative transfer or disposal facilities or disposal methods, Contractor shall provide a written transition plan demonstrating how the transition would occur and any impacts to the provision of Solid Waste Services at the alternative or new facilities. Transition to and use of any alternative facility shall not result in any cost to the City nor any increase in Service Fee or Organics Fee rates. The City may, in its sole discretion, approve the use of alternative transfer or disposal facilities. 3.12 Ongoing Maintenance of Financial Condition. The Parties have agreed that Contractor's ongoing financial health and stability are vital to the continued provision of Solid Waste Services for the term of this Agreement. Solely to demonstrate financial health as it relates to the provision of Solid Waste Services hereunder, within 30 days of the end of the calendar year, Contractor shall provide a letter or other formal statement from the Contractor's designated bank to the City demonstrating that Contractor has met all financial covenants, including the debt service coverage ratio and financial reporting, and made all prior payments timely, required by the bank for financing related to the provision of Solid Waste Services herein. 3.13 Necessary Contracts. The Contractor shall provide for City review, but not approval, all third -party service contracts necessary for Contractor to provide Solid Waste Services, including but not limited to third -party contracts for Transport Services and Disposal Services and with any Disposal Facilities. Contractor may redact any cost or fee schedules, special terms not applicable to this Agreement and other proprietary, trade secret or confidential information from such contracts prior to providing to the City, provided that Contractor shall not redact the names of the parties to the contract, the term of the contract, insurance requirements, and indemnity provisions. All such contracts shall be provided no later than 60 days prior to November 17, 2014. The Contractor shall provide any amendments or new contracts within 30 days of their execution. 3.14 Business Registration. Contractor shall register with the City as a business prior to the Effective Date of this Agreement. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 13 of 46 3.15 Commencement of Service. The Contractor shall begin accepting Solid Waste generated within the City on November 17, 2014. 3.16 Surety. Prior to the Effective Date of this Agreement, the Contractor shall provide to the City a contract performance Surety in the form of a performance bond or letter of credit for the term of this Agreement. The amount of the Surety shall be $1,000,000. The Surety shall be consistent with the terms of this Agreement and be substantially in the form set forth in Exhibit "E" to this Agreement, or such other form customary in the industry which the City approves in writing, which approval shall not be unreasonably withheld, conditioned or delayed. 3.17 Public Records; Confidentiality. A. The Parties agree that all records of the Contractor and of the City which are related to this Agreement and the Solid Waste Services provided hereunder and which are prepared, owned, used, or retained by the City are public records under the Public Records Act (chapter 42.56 RCW) and may be subject to disclosure unless a statutory exemption applies. The City agrees to not intentionally waive any statutory exemptions from disclosure available for such records under the Public Record Act. The City shall, if possible, notify the Contractor before any disclosure, and provide the Contractor an opportunity to intervene through judicial process to resist release of such records. The City agrees not to object to the Contractor's intervention in any judicial proceeding in which the City resists the release of the records in question so long as the Contractor's request to intervene is limited to resisting the release of the records. The City shall have no duty to resist release of any Contractor records, except to provide notice to Contractor of the request for and disclosure of such records as previously described. B. All reports, educational materials, and other records prepared by the Contractor and provided to the City pursuant to this Agreement are and shall be the property of the City and shall be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public records laws. The written, graphic, mapped, photographic, or visual documents prepared by Contractor under this Agreement and provided to the City shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other material prepared under this Agreement that Contractor provides to the City pursuant to this Agreement; provided City shall not publish, disclose, or distribute any financial information provided under Section 3.12 without prior notice to Contractor of its intent to do so or without providing the Contractor an opportunity to intervene through judicial process to resist release of such records; and provided further that Contractor shall have no liability for the use of Contractor's work product outside of the scope of its intended purpose. City shall provide Contractor with notice of any public records requests under Section 3.17(A). C. The City, or as requested and authorized by state law, State Auditor, or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters that are directly related to and covered in this Agreement and are required to be provided by Contractor to the City under Section 3.22 or Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 14 of 46 to support fee adjustments under Section 5.3, including tonnages received and revenues received by Contractor from Solid Waste generated within the City. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records for a period of three years from the final date of this Agreement, provided that such representatives shall hold such matters in strictest confidence and not disclose them except in accordance with the limitations on disclosure set forth in this Section 3.17. Contractor may request an independent third -party accountant or other professional to review any document that it believes is not directly related to this Agreement. In the event the independent third -party determines a document is not directly related to this Agreement, such document shall not be subject to review by the City or State Auditor. D. Contractor may, from time to time, receive information which the City designates in writing to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 3.18 Compliance with Laws and Regulations. The Contractor agrees that in providing the Solid Waste Services and the performance of its duties and obligations under this Agreement, the Contractor will qualify under, and comply with, any and all federal, state and local laws, requirements, regulations, licenses, certificates, approvals and permits now in force and which may hereafter be enacted and become effective, which are applicable to the Contractor, its employees, agents or subcontractors. 3.19 Permits, Licenses, etc. The Contractor and any subcontractors shall obtain and maintain, at their sole expense, all permits, licenses, certificates and approvals required by federal, state and local law for its operations and activities under this Agreement. Contractor shall file with the City a list of all such permits, licenses, certificates and approvals designating the issuing authority, the dates of issuance, the expiration of those permits, licenses, certificates and approvals and shall file a copy of all current permits, licenses, certificates and approvals with the City. The Contractor shall be solely liable for all fines or penalties that may be imposed by any regulatory agency or other governmental authority for violations of permits, laws, approvals, certificates or regulations; the City shall not be liable for and shall not reimburse the Contractor for payment of any fines or penalties. 3.20 Tariffs, Surcharges, Taxes and Fees. Except under the limited circumstances expressly set forth in this Agreement, the Contractor shall be responsible and liable for payment of all federal, state and local taxes and fees, tariffs and surcharges of every form and description including, without limitation, those that apply to any and all persons, property, income, equipment, materials, supplies, structures or activities that are involved in the performance of this Agreement. 3.21 Notification of Violations — Full Disclosure. This Section shall not apply to notification and reports of customer service complaints that occur in the normal course of business, which shall be handled in accordance with Section 3.9. Within 10 days of receiving notice of any other complaint, accident, appeal, claim or notice of violation, or other judicial or administrative action, formal or informal relating in any way to the provision of services under this Agreement, filed against the Contractor, the Transfer Facility, or any subcontractor or third - Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 15 of 46 party service provider, or within 10 days of filing, receiving or otherwise learning of any bankruptcy proceeding filed by or against the Contractor, any of its owners or any entity related to the Contractor, the Contractor shall notify the City of the same in writing. The Contractor shall notify the City of the existence, filing, or receipt of any reports or other documents in any manner related to groundwater, without limitation, including the sampling or the testing thereof. The Contractor shall provide copies of any complaints, accidents, appeals, claims or notices of violation, or other judicial or administrative action, formal or infoiuial, responses thereto, and any reports or documents related to groundwater, as requested by the City within seven days of the City's request, or if the request is made prior to a response, within seven days of such response. Contractor shall provide notice of final resolution of any such complaint, accident claim, appeal, claims or notices of violation, or other judicial or administrative action to the City within 10 days of such resolution. This Section 3.21 contemplates full and forthright disclosure by the Parties. 3.22 Reports. The Contractor shall keep accurate records of all transactions connected with this Agreement including, but not limited to, all correspondence and invoices, transaction/weight tickets and receipts issued to or at the Transfer Facility and Disposal Facility for Solid Waste generated in the City. Notwithstanding anything to the contrary in this Agreement, the City shall have the right to review and audit the Contractor's records to which the City has access under Section 3.17(C), above. The Contractor shall provide, in a form acceptable to the City, an annual report for the preceding reporting period summarizing routine and extraordinary activities relating to Solid Waste generated in the City during the prior reporting period and plans and schedules for future activities. The annual report shall provide data by monthly increments. The report shall include: A. Tonnage. The tonnage by type of waste (total Solid Waste, Acceptable Waste, Recyclables, Organics, C&D Waste, MRW, Special Waste, and Unacceptable Waste) or other material generated within the City and accepted at the Transfer Facility and the tonnage processed as part of the Contractor's Transport and Disposal Services. Tonnages shall be based upon actual tonnages as measured by a scale system legally calibrated and certified to be accurate by the appropriate governmental entity or agency, or if no such agency is conducting calibrations or certifications, an independent contractor, to certify such scales; B. Trips. The number of trip visits to the Transport Facility by: (1) Designated Haulers, and (2) Self Haulers; C. Customer Service Inquiries. The number of customer service inquiries handled by customer service representatives from Designated Haulers or Self Haulers by month and by the following categories: (1) Fee issues; (2) issues with interactions with Contractor staff; and (3) provisions of services (e.g., wait times, acceptance of waste, etc.); and D. Extraordinary Occurrences. Any extraordinary occurrences affecting the Contractor's performance of this Agreement including, but not limited to, incidents of inadvertent acceptance of Unacceptable Waste generated within the City known to Contractor, and occurrences affecting or caused by the Transfer Facility, any subcontractor or third -party service provider. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 16 of 46 ARTICLE 4 CITY'S RESPONSIBILITIES 4.1 Delivery of Acceptable Waste. No minimum amount of Acceptable Waste tonnage is guaranteed under this Agreement. However, the City shall, in its contracts with Designated Haulers, obligate, to the maximum extent allowed by law, the Designated Haulers to haul and deliver all Acceptable Waste collected pursuant to such contracts to the Contractor's Transfer Facility for processing. The City shall diligently enforce, to the maximum extent allowed by law, all obligations in its contracts with Designated Haulers, including, without limitation, those related to the collection, hauling and delivery of Acceptable Waste to the Transfer Facility. The provisions of the City's contracts with the Designated Haulers shall not restrict Contractor's right to enforce the terms of its agreements with the Designated Haulers described in Section 3.9(F). In the event the City chooses to provide for Acceptable Waste collection through the use of City staff and resources, the City shall haul and deliver all such Acceptable Waste collected to the Contractor's Transfer Facility for processing. The City's obligation to contractually obligate and enforce its collection, hauling, and delivery obligations with its Designated Haulers as outlined above does not create any obligation or requirement for the City to impose mandatory collection from all of its residents and commercial businesses. 4.2 Cooperation with Contractor. The City shall use its best efforts to cooperate with the Contractor and to respond to the Contractor's reasonable requests for information and assistance, consistent with the provisions of this Agreement. As part of its cooperation, the City shall provide all necessary information to assist with educational components. 4.3 Comprehensive Solid Waste Management Plan. City shall implement and maintain a Comprehensive Solid Waste Management Plan in accordance with chapter 70.95 RCW, as now adopted or hereafter amended. The Parties acknowledge that this Agreement will be executed prior to the development and adoption of the City's Comprehensive Solid Waste Management Plan. The City shall include a description of the Solid Waste Services provided under this Agreement in the Comprehensive Solid Waste Management Plan, including a description of the Transfer Facility and Disposal Facility utilized herein as the only such facilities for which the City has contracted and the obligations of Designated Haulers to haul and deliver Acceptable Waste to the Transfer Facility as set forth in Section 4.1. Subject to the requirements of applicable law, the Comprehensive Solid Waste Management Plan adopted by the City and any amendments thereto shall be consistent with the terms of this Agreement. The City shall include the Contractor in public discussions and development of the City's Comprehensive Solid Waste Management Plan to the extent permitted by law during the term of this Agreement. In the event any inconsistency is determined between the Comprehensive Solid Waste Management Plan and this Agreement, the City shall notify the Contractor and the Parties shall in good faith negotiate an amendment to this Agreement, which shall include adjustments to the Fees payable to Contractor to fairly reflect additional or reduced services, costs and expenses or reductions or increases in waste arising from such amendments, so that the provision of Solid Waste Services under this Agreement does not violate the City's Comprehensive Solid Waste Management Plan. In the event the Parties cannot come to agreement on modified fees, the Parties shall resolve such fee dispute in accordance with the provisions of Article 12 — Disputes. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 17 of 46 4.4 Compliance with Laws and Regulations. City agrees that in the performance of its duties and obligations under this Agreement, the City shall comply with any and all federal, state and local laws, requirements, regulations, licenses, certificates, approvals and permits now in force and which may hereafter be enacted and become effective, which are applicable to the City or its officers, employees or agents and which are related to the provision of Solid Waste Services as provided herein. ARTICLE 5 FEES 5.1 Load Limits. There shall be no per load minimum or maximum tonnage of Acceptable Waste, Recyclables, Organics, or C&D Waste required for acceptance of such wastes and Recyclables at the Transfer Facility. 5.2 Fees. For the Contractor's performance of its obligations under this Agreement it shall be entitled to the sum of the Service Fee, Organics Fee, and Special Waste Fees as follows: (A) (1) Service Fee. $92.00 per ton of Acceptable Waste and C&D Waste. Contractor may impose a minimum charge for Acceptable Waste and C&D Waste of up to $15.20. (2) Customers may deliver up to four non -Class 8 truck tires in a single load of Acceptable Waste without a separate charge. (3) Customers may deliver up to one tree stump in a single load of Acceptable Waste without a separate charge. (B) Organics Fee. $50.00 per ton of Organics. Contractor may impose a minimum charge for Organics of up to $10.00. The Organics Fee shall only apply to routes and loads delivered from Self -Haulers and Designated Haulers consisting of Organics derived from within the City with no more than a small amount of Organics derived from outside the City. The Organics Fee shall not apply to routes and loads delivered from Self -Haulers and Designated Haulers with more than a small amount of commercially -derived Food Scraps. (C) Special Waste Fees. Except as otherwise provided in Subsection A above with respect to tires and stumps, Contractor shall have sole discretion to set the rates for handling and disposal of Special Waste, provided, however, such rates shall be reasonable based upon costs for acceptance, processing, transport and disposal of such Special Waste. Contractor is obligated to provide for the handling and disposal of Special Waste as provided herein. The Parties agree that the Service Fee is comprised of and includes any and all costs associated with acceptance, processing, transport, disposal, and recycling of Recyclables, MRW, and, if it is accepted by Contractor, Unacceptable Waste. Contractor shall not charge any fee to Designated Haulers or Self Haulers for acceptance, processing, transport, disposal, and recycling of Recyclables and MRW. Contractor shall retain any revenues received from recycling of all Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 18 of 46 Source -Separated Recyclables, composting of Source -Separated Organics, and salvage of commercially usable Acceptable Waste and C&D Waste. All Service Fees, Organics Fees, and Special Waste Fees shall be charged to Designated Haulers and Self Haulers and collected by Contractor at the time such waste is accepted at the Transfer Facility, or by invoice to the Designated Haulers in the event the Contractor has separate agreements with the Designated Haulers. Except as provided below, Contractor shall not be entitled to and the City shall not be required to make any payments to Contractor for any reason under this Agreement, except as otherwise provided in Article 8 — Indemnification and Article 11 — Default. In the event City provides for collection and delivery of Solid Waste generated by the City with its own staff and delivers it to the Transfer Facility, the City shall be charged and pay the same rates as all other customers as set forth herein unless otherwise agreed to in writing by the Parties. 5.3 Adjustment of Fees. A. Annual Adjustment. Effective on December 1, 2015 and on December 1st of each year thereafter during the term of this Agreement, the then current Service Fee and Organics Fee, as previously adjusted under this Section 5.3(A), shall be automatically increased by 90% of the percentage change in the average CPI for the 12 month period July 1 through June 30 of the calendar year the adjustment becomes effective as compared to the CPI average for the preceding twelve month period and multiplying the result by the then applicable Service Fee and Organics Fee. B. Adjustment for Government Taxes. The Contractor may increase the fees payable under Section 5.2 for reasonable actual increased costs resulting from changes in government, health district and/or department, or other agency taxes, fees, and surcharges that are assessed upon Contractor for its operations and Solid Waste Services hereunder that occur or are increased after the Effective Date of this Agreement. Such changes shall include solid waste utility taxes and other taxes, fees, surcharges and impositions relating to solid waste or solid waste processing, handling and disposal. Such changes do not include real estate taxes, ad valorem taxes, telecommunications taxes, water and sewer connection fees or water and sewer user fees, sales or income taxes, host fees, other utility taxes, and any other similar fees, taxes, surcharges, and assessments. The Contractor shall provide notice to the City at least 10 days prior to increasing such fees and the City may request documentation of the reasonable actual increased costs resulting from such changes. If the City requests documentation and Contractor does not or cannot provide such documentation, the Contractor may not increase fees until Contractor provides such documentation. After -enacted government taxes, fees, and surcharge increases or decreases are not subject to the annual adjustment contained in Section 5.3(A). Any dispute regarding the appropriateness of increases shall be resolved pursuant to Article 12 - Disputes. C. Adjustment for Changes in Federal, State and Local Law. The Contractor may increase the fees payable under Section 5.2 for reasonable actual increased costs resulting from changes in federal, state, or local law. For purposes of this Section, "change in law" means any of the following that are related to and required for the provision of Solid Waste Services hereunder, and which become effective at any time after the Effective Date: (1) any new, changed, or revised law, statute, rule, code, regulation, ordinance, or decision, order, decree, or Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 19 of 46 judgment, or (2) the imposition of any material conditions or requirements on the continuation, issuance, or renewal of any permit, license or approval. "Change in law" excludes any change in tax, fee, or surcharge as provided for in Section 5.3(B). The Contractor shall provide notice to the City at least 10 days prior to increasing such fees and the City may request documentation of the reasonable actual increased costs resulting from such changes. If the City requests documentation and Contractor does not or cannot provide such documentation, the Contractor shall not increase fees until Contractor provides such documentation. Any dispute regarding the appropriateness of increases shall be resolved pursuant to Article 12 - Disputes. D. Adjustment for Uncontrollable Circumstances. Upon reasonable agreement of the Parties, the Contractor may increase the fees payable under Section 5.2 for reasonable actual increased costs resulting from Uncontrollable Circumstances. The Contractor shall provide immediate notice of such Uncontrollable Circumstances to the City. The City may request documentation of such reasonable actual increased costs resulting from Uncontrollable Circumstances. The Parties shall work diligently and reasonably towards agreement and shall not unreasonably withhold or delay agreement on any fee increase. The agreed upon fees shall include all actual reasonable increased costs incurred from the date of the Uncontrollable Circumstances. Any dispute regarding the appropriateness of increases shall be resolved pursuant to Article 12 - Disputes. E. Reduced Fees for "Most Favored Customer." Notwithstanding any provision to the contrary herein, the Contractor may use the Transfer Facility to process Solid Waste of any governmental or private entity or person other than the City, Designated Haulers, and Self Haulers. In the event the Contractor enters into an agreement with any governmental entity other than the City to process Solid Waste that requires the Contractor to perform all of the same Solid Waste Services the Contractor is required to perform under this Agreement in the same manner and to the same extent as required under this Agreement, the Contractor shall reduce the Service Fee or Organics Fee under this Agreement to the lower amount provided to the other governmental entity. F. Services Under Emergency Operations Plan. In the event the Contractor implements the emergency operations plan under Article 6, the Service Fee and Organics Fee shall not increase above the rate in effect immediately prior to the date and time of such implementation. G. No Payment for Services Not Performed. The Contractor shall receive no payment for services required under this Agreement which are not provided by the Contractor or its subcontractors, even if such failure is caused by events or occurrences of a nature commonly known as "force majeure" or acts of God or strikes beyond the Contractor's control. 5.4 Fees and Taxes Payable to the City. A. The Contractor shall pay an annual administrative fee to the City equal to $125,000 to compensate the City for costs associated with administration of this Agreement and management of Solid Waste within the City. Such fee shall be paid in quarterly installments due within 30 days of the completion of the first calendar quarter of 2015 and within 30 days of the completion of each calendar quarter thereafter throughout the term of the Agreement. The City may alter the Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 20 of 46 fee once each year and shall notify the Contractor of such alteration by December 31 of each calendar year. Any alteration shall not take effect until the first day of the calendar quarter that starts at least 60 Days following such notification. B. The City shall have the right to request review and/or audit of all records related to the tonnages received from Solid Waste generated within the City and delivered to the Contractor and amounts payable and due under Section 5.4(A) at any time. C. The administrative fee payable to the City may be added, as applicable, to the fees set forth in Section 5.2, as adjusted, to make up the total tipping fees that Contractor charges to Designated Haulers and Self Haulers. The amount added to fees shall be based upon the annual projected tonnage of Acceptable Waste. Contractor shall have the right to direct any questions regarding the administrative fee to the City and the City shall be responsible for handling all complaints and inquiries about such administrative fee. Contractor shall be responsible for the collection and delivery of the administrative fee to City to the extent of the amount owed based on total tonnage of Acceptable Waste collected from City Self Haulers and Designated Haulers. Contractor shall collect the City's administrative fee as agent for the City from Designated Haulers and Self Haulers and shall deliver the amount collected to the City as provided in Section 5.4(A). For purposes of calculating taxes on the collection and delivery of the administrative fee, the City's administrative fee is not the income or asset of Contractor for any reason and is paid to and received by the City exclusively because of the exercise of its governmental functions. Contractor shall not have any personal liability to the City for the administrative fee other than the obligation to collect and deliver the administrative fee to the City as set forth in Section 5.4(A). Contractor shall maintain books and records showing that Contractor is acting as agent for the City and that the City is the actual owner of the City administrative fee funds collected by Contractor. D. In addition to the annual administrative fee, if the Contractor receives more than 45,500 tons of Solid Waste at the Transfer Facility, excluding tonnage from loads which consist substantially of commercial Recyclables that are brought to the Transfer Facility for baling, marketing and/or processing, during any calendar year starting with 2015, because of the effect of that volume of tonnage on the facilities in the City, the Contractor shall pay the City a "Right - of -Way Maintenance Fee" equal to $1.00 for each ton of Solid Waste received at the Transfer Facility, except for tonnage from excluded Recyclables as provided above in this Section 5.4(D), during such calendar year over 45,500 tons of such waste. On or before March 15 of each year, commencing March 15, 2016, the Contractor shall pay the City the Right -of -Way Maintenance Fee that is payable based upon the number of tons of Solid Waste that are received at the Transfer Facility, except for tonnage from the excluded Recyclables as provided above in this Section 5.4(D), during the prior calendar year. E. In the event the City imposes a solid waste utility tax or other business and occupation tax on the provision of Solid Waste Services by the Contractor or the Contractor's operation of its solid waste business, the Parties agree that such tax is an after -enacted government tax under Section 5.3(B) and Contractor shall be entitled to increase the fees payable under Section 5.2 for the actual increased costs resulting from such tax. Such tax shall be paid to the City at such time and in such manner as specified in the ordinance imposing such tax. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 21 of 46 ARTICLE 6 EMERGENCIES 6.1 Notification. Any Party with knowledge of circumstances or potential circumstances which could impact the availability of Acceptable Waste, the ability of the Transfer Facility to process Acceptable Waste, Recyclables, Organics, and C&D Waste, the ability of the Contractor to provide Transfer Services, Transport Services, or Disposal Services, or the ability of the Disposal Facility to dispose of, recycle, or compost Acceptable Waste, Recyclables, Organics, and C&D Waste shall promptly notify the other Party. Said notification shall in no case take more than 24 hours after the discovery of the information. Notification shall initially be oral and shall be followed by prompt written notification. 6.2 Emergency Operations Plan. Prior to the execution of this Agreement, the Contractor shall provide to the City a written comprehensive emergency operations plan designed to provide an alternate means of providing Transfer Services, Transport Services, and Disposal Services, to process, transfer, transport and dispose of, recycle, and compost Solid Waste under this Agreement should the Contractor not be able to do so with the originally designated Transfer Facility, Disposal Facility or in the manner originally contemplated. Examples of emergencies which would give rise to use of the emergency operations plan include, but are not limited to Uncontrollable Circumstances that render the Transfer or Disposal Facility inoperable, or government regulatory action that renders the Transfer or Disposal Facility inoperable. Lack of capacity to process Solid Waste at either the Transfer or Disposal Facility due to increased Solid Waste from sources other than the City shall not constitute a valid emergency. The emergency operations plan shall be consistent with the terms of this Agreement and shall be reviewed annually and updated as necessary. A copy of the emergency operations plan is attached hereto as Exhibit "F." 6.3 Implementation of the Emergency Operations Plan. In the event that the Contractor fails or is unable to provide the Solid Waste Services which it has agreed to perform under this Agreement, or is unable to process, transfer, transport to and legally dispose of, recycle, or compost all Acceptable Waste, Recyclables, Organics, and C&D Waste at the Disposal Facility, the Contractor shall immediately implement the emergency operations plan and thereafter immediately notify the City and the Designated Haulers orally, followed by a written notification to the City at the earliest practicable time which shall not exceed 24 hours from the time the emergency operations plan was put into effect. ARTICLE 7 OWNERSHIP OF WASTE 7.1 Ownership. Title to Solid Waste delivered to the Contractor under this Agreement is in the person or entity which arranged for said delivery and provided the Solid Waste. The Contractor may obtain ownership of Solid Waste delivered to the Transfer Facility to the extent provided by law, but only to the extent that Contractor accepts and processes such Solid Waste. Notwithstanding anything to the contrary in this Agreement, title to Solid Waste shall not vest in the City. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 22 of 46 ARTICLE 8 INDEMNIFICATION 8.1 Indemnification and Hold Harmless — Non -Environmental. Contractor shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the breach by the Contractor of any or its representations, warranties or covenants under this Agreement or the intentionally wrongful or negligent acts, errors or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Such duty to defend, indemnify, and hold harmless the City and its officers, agents, and employees shall survive the term of this Agreement. 8.2 Indemnification and Hold Harmless — Environmental. Contractor shall, at its sole expense, defend, indemnify, and hold harmless the City, its officers, agents, and employees, from any and all claims of pollution or other environmental liabilities arising out of the Transfer Services, Transport Services, and Disposal Services provided by Contractor, Contractor's agents, subcontractors, subconsultants, and employees, including any third -party service providers providing Transport Services and Disposal Services or owning any Disposal Facility(s) utilized by the Contractor, for disposal of Solid Waste under this Agreement. Such duty to defend, indemnify, and hold harmless the City and its officers, agents, and employees shall survive the term of this Agreement until the statute of limitations on any such claims expires which may last through operation, closure, and post -closure of any Transfer Facility or Disposal Facility utilized by the Contractor to provide Transfer and Disposal Services under this Agreement. 8.3 General Provisions. The following provisions are applicable to indemnification under Sections 8.1 and 8.2: A. Contractor's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the intentional wrongful acts or sole negligence of City or City's agents or employees. B. Contractor's duty to defend, indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of (1) City or City's agents or employees, and (2) Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants and employees. C. Contractor's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim - related costs and expenses. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 23 of 46 D. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity under this provision extends only to claims against Contractor by City, and does not include, or extend to, any claims by Contractor's employees directly against Contractor. The Parties hereby certify that this indemnification provision was mutually negotiated and agreed to. E. Contractor and the City agree to make and pursue claims against their applicable insurance coverage for all costs and expenses related to third party claims. Nothing in this Agreement shall constitute a waiver or relinquishment of any claims either Contractor or the City may have against their respective insurers, nor shall any provision of this Agreement waive or relinquish any subrogation or contribution rights that Contractor or the City's insurers may have against another insurer or other potentially responsible party. F. In no event shall the Contractor be liable for consequential, special, or incidental damages suffered by the City. ARTICLE 9 INSURANCE 9.1. Insurance Required. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. 9.2. Minimum Scope of Insurance. Contractor shall obtain or, as indicated below, arrange for insurance of the types described below: A. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for the City. C. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 24 of 46 D. Commercial Umbrella Liability Insurance (not "excess only" Umbrella Liability Insurance). E. Pollution Liability Insurance covering bodily injury and property damage to third parties resulting from sudden or gradual pollution occurring during the course of providing any of the Solid Waste Services outlined herein. In the event Contractor utilizes a third -party service provider to provide Transport Services and Disposal Services, including any third -party owned Disposal Facility(s), Contractor shall provide or arrange for the owner of the Disposal Facility to provide the Pollution Liability Insurance required under this Agreement and shall provide evidence of or evidence that such owner has pollution liability insurance in at least the amount provided in Section 9.3(D) for losses arising from the provision of such services and use of such facility(s) for the Solid Waste Services provided under this Agreement. 9.3 Minimum Amounts of Insurance. Contractor shall maintain or, as indicated in Section 9.2(E), arrange for the following insurance limits: A. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. B. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Commercial Umbrella Liability Insurance (not "excess only" Umbrella Liability Insurance) with limits of $5,000,000 each occurrence. D. Pollution Liability (Environmental Liability) with limits of $5,000,000 to be provided by the party required to provide such insurance under Section 9.2(E). 9.4 Other Insurance Provisions. A. The insurance policies are to contain, or be endorsed to contain, the following provisions for all insurance except workers' compensation: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two Business Days of receipt by Contractor. 3. City shall be named as an additional insured. B. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. C. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 25 of 46 Agreement, Contractor shall furnish acceptable insurance certificates to the City Clerk at the time Contractor returns the signed Agreement to the City. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. Contractor shall obtain replacement insurance certificates meeting the requirements herein and furnish such replacement certificates to the City at least 30 days prior to the expiration of the insurance certificate being replaced. D. Insurance Required from Designated Haulers. The City shall, in its contracts with Designated Haulers, obligate them to obtain and keep insurance policies in force with companies and coverages as are customary in the industry. City shall provide copies of all insurance certificates for the Designated Haulers to Contractor within two Business Days of Contractor's request. ARTICLE 10 COORDINATION MEETINGS 10.1 Initial Coordination Meeting. Prior to the commencement of services under this Agreement, the Contractor, City and others requested by either Party shall meet as necessary to discuss scheduling, processes and any other matters the Parties deem appropriate. 10.2 Periodic Coordination Meetings and Reports. The City and the Contractor shall hold periodic coordination meetings, no less than annually, to review the Solid Waste Services being provided, problems and/or complaints made by third parties. Either the City or the Contractor may organize, call and notify the other Party of that meeting. If requested, either Party shall submit a written report to the other Party at least seven days before any meeting regarding operations, problems, complaints or any other matter arising under this Agreement. ARTICLE 11 DEFAULTS 11.1 Contractor Default. There shall be two classes of defaults by the Contractor in its performance under this Agreement: A. Major Default. A Major Default includes: 1. The Contractor's failure to provide Transfer Services, Transport Services and Disposal Services for all Acceptable Waste, Recyclables, Organics, and C&D Waste at the Transfer Facility and Disposal Facility or an alternate facility under Section 3.11 for a period of two consecutive Days provided such failure is not due to Uncontrollable Circumstances; 2. A release or the threat of a release by the Contractor of a Hazardous Substance, as defined by the Comprehensive Environmental Response, Compensation, and Liability Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 26 of 46 Act, 42 U.S.C. 9601 et. seq. as amended ("CERCLA"), or as defined by the Model Toxics Control Act, chapter 70.105D RCW, as amended ("MTCA"), which the City reasonably concludes, in its reasonable discretion, may constitute a release or threatened release of a hazardous substance of such a degree that the United States Environmental Protection Agency or Washington Department of Ecology would be reasonably likely to conduct a remedial action, require remedial action by the City or the generators of the Solid Waste, or impose liability on the City or generators of the Solid Waste; provided that a release or threat of release of a Hazardous Substance as described in this Section 11.1(A)(2) shall not constitute a Major Default or default by Contractor under this Agreement if Contractor: (1) has already begun and is diligently pursuing a response or remedial action as required by CERCLA or MTCA at the time of the City's determination; or (2) following notice from the City of a release or threatened release, Contractor implements a response or remedial action and diligently pursues it as required by CERCLA or MTCA; 3. The situation wherein the emergency operations plan is put into effect, whereupon, the City shall have the reasonable discretion, 10 days thereafter, to determine that Contractor is not implementing the emergency operations plan and is failing to provide Transfer Services, Transport Services, and Disposal Services for all Acceptable Waste, Recyclables, Organics, and C&D Waste in accordance with the terms of the emergency operations plan, provided such failure is not due to Uncontrollable Circumstances; 4. Except as otherwise permitted herein, the Contractor's assignment of any rights, duties or obligations under or arising from this Agreement without the prior written consent of the City, which consent shall not unreasonably be withheld, conditioned or delayed; 5. Except as otherwise permitted herein, the transfer, conveyance or assignment of a controlling ownership interest in the Contractor, without the prior written consent of the City, which consent shall not unreasonably be withheld, conditioned or delayed; or 6. The filing of any bankruptcy proceeding against or by the Contractor and subsequent proceedings thereafter whether voluntary or involuntary that prevent Contractor from providing the Solid Waste Services under this Agreement, and in the case of a bankruptcy filing against the Contractor or involuntary filing, the Contractor does not have such proceeding vacated or dismissed within 60 days after it is filed. B. Minor Default. A Minor Default includes any other failure by the Contractor to perform its obligations under this Agreement which does not constitute a Major Default. 11.2 Consequences of Contractor Defaults. A. Major Default. In the event of a Major Default, the City shall have the right, in its sole discretion, to immediately: Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 27 of 46 1. Seek and receive liquidated damages from the date of the Major Default in the amount of $4,000 per day to the date the Major Default is remedied by the Contractor or this Agreement is terminated, whichever comes first. These liquidated damages are not a penalty, but are fixed and agreed upon between the Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that the City would sustain in the event of a Major Default; 2. Terminate this Agreement upon written notice and declare that it is released from its obligations under this Agreement and may use any other method, person or entity to provide the services required under this Agreement or substitutes therefore and may seek any legal or equitable relief permitted by law; 3. Use any other method, person or entity to perform the services required under this Agreement or substitutes therefore without the Contractor being released from its obligations under this Agreement; 4. Seek the judicial remedy of specific performance; 5. Foreclose on the Surety in accordance with this Agreement. The City shall reduce the amount received from foreclosure on the Surety by the amount of any liquidated damages received; or 6. Pursue any combination of the foregoing or any other remedy provided under this Agreement or by law. B. Minor Default. In the event of a Minor Default, the Contractor or Surety shall be permitted to remedy the Minor Default within 30 days of the City sending written notice and if Contractor does not remedy the Minor Default within such time period, or if such Minor Default is not susceptible to cure within such 30 day period, if Contractor shall fail to commence and diligently pursue such cure to completion within the period of time which is reasonably necessary to complete such cure, then the Contractor shall pay to the City liquidated damages in the amount of $1,000 per day from the date that is the last day of such 30 day or reasonable cure period to the date the Minor Default is remedied. These liquidated damages are not a penalty, but are fixed and agreed upon between the Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that the City would sustain in the event of a Minor Default. If the Minor Default is not remedied within 30 days after the expiration of the initial 30 day or reasonable cure period, the City may, at its sole discretion: 1. Terminate this Agreement and obtain alternative services; 2. Seek the judicial remedy of specific performance; 3. Foreclose on the Surety in accordance with this Agreement. The City shall reduce the amount received from foreclosure on the Surety by the amount of liquidated damages received; or Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 28 of 46 4. Pursue any combination of the foregoing or any other remedy provided under this Agreement or by law. If a Minor Default is not remedied within 90 days of its occurrence, the City may, at its sole option, exercise any of the remedies set forth for remedy of a Major Default under this Article. 11.3 Default Procedure. A. Notice of Default. Except as otherwise provided for in this Agreement, the City's representative shall give written notice to the Contractor's representative and its Surety provider of the City's determination of default and intention to declare the Contractor in default. The Notice shall specify the factual basis for the determination of default, the effective date of the determination of default, and the remedy(s) selected by the City. B. Show Cause. The Contractor may request to show cause why it should not be declared in default, which may be allowed in the sole discretion of the City. In the event the City allows the Contractor to show cause, the Contractor shall provide written explanation to the City Manager, City Representative, and a third member from the City selected by the City Manager and City Representative. After considering the written explanation, the City Manager, City Representative and third City member shall confer and may declare the Contractor in default and notify the Contractor and Surety provider of such declaration. Any appeal of such determination shall be resolved through litigation filed in the Superior Court of Spokane County, Washington. C. Cure and Appeal. For Minor defaults, the time period for curing such defaults shall begin to run on the date the City gives initial notice of default, or in the event the Contractor elects to show cause, on the date of the final declaration of default. Absent a specific order from a superior court judge, the remedy(s) sought by the City and time period for cure as allowed under this Agreement shall not be stayed pending the appeal process. 11.4 City Default. A. General. For each and every event of default by the City, the City shall be permitted to remedy the default within 30 days of the Contractor sending written notice and if the City does not remedy the default within such time period, or if such default is not susceptible to cure within such 30 day period, if the City shall fail to commence and diligently pursue such cure to completion within the period of time which is reasonably necessary to complete such cure, the Contractor shall have available to it all remedies to the extent provided by law. B. Actual Damages. For each and every default by the City, the Contractor, in its discretion, shall be entitled to recover its actual reasonable damages. Except as otherwise set forth in this Agreement, nothing herein shall create an obligation for the City to pay for any of the Solid Waste Services to be provided under this Agreement. 11.5 No Waiver by City. Nothing in this Agreement, and no actions taken pursuant to this Agreement, shall constitute a waiver or surrender of any immunities, rights, remedies, claims, or causes of action the City may have against the Contractor or its Surety provider under Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 29 of 46 any other provision of this Agreement or any provision of law, subject to the terms of this Agreement. ARTICLE 12 DISPUTES 12.1 Informal Negotiation. Should a dispute arise between the Parties, they shall initially attempt to resolve the dispute through informal discussion and negotiations. Each Party may designate one or more representatives for such discussions and negotiations. Each Party shall use good faith efforts to attempt to resolve the dispute through such discussions and negotiations. 12.2 Mediation. If the Parties cannot resolve the dispute through informal discussions and negotiations, either Party may submit a dispute notice to the other that they believe the negotiations cannot resolve the dispute and mediation is required. A dispute notice may not be submitted until at least 30 days have passed since informal discussion and negotiations began. Within 7 days from the dispute notice, the Parties shall by agreement select and designate a trained mediator to serve as a mediator in the dispute. The mediator so designated shall fix the time and place for the mediation, which date shall not be later than 14 days from the date the mediator was selected, and shall give the Parties at least five Business Days written notice of the initial mediation session. The mediator shall meet with the Parties until either (A) the dispute is resolved, or (B) the mediator determines that further meetings will not likely result in a resolution by agreement. 12.3 Judicial Review. Any dispute that cannot be resolved under the informal negotiation or mediation process shall be resolved by litigation filed in the Superior Court for Spokane County, Washington, unless otherwise required by federal or state law. 12.4 Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be Spokane County, State of Washington. 12.5 Cost and Attorney's Fees. The prevailing Party in any litigation arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). Costs of mediation shall be born equally by both Parties. ARTICLE 13 CONTRACTOR 13.1 Contractor as Independent Contractor. The Contractor shall perform all work under this Agreement as an independent contractor. The Contractor is not and shall not be considered an employee, agent, sub -agent or servant of the City for this Agreement or otherwise; the Contractor's subcontractors, employees or agents are not and shall not be considered employees, agents, sub -agents or servants of the City for this Agreement or otherwise. The Contractor shall have exclusive control of and the exclusive right to control the details of the Solid Waste Services and work performed under this Agreement and the City shall have no ability to control the day-to-day operation of the Transfer Facility, or the provision of Solid Waste Services. The Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 30 of 46 City shall not be responsible for any injuries, accidents or other mishaps associated with the Transfer Facility's operations, the provision of Solid Waste Services, or the operations of any subcontractor or third -party service provider. The Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing in this Agreement shall be construed as creating a partnership or joint venture between the Contractor and the City or as giving the City a duty to supervise or control the acts or omissions of the Contractor or any other person performing services or work under the Agreement. 13.2 Use of Subcontractors or Third -Party Service Providers. The Parties have contemplated the Contractor's use of third -party service providers or subcontractors for the provision of some or all of the Solid Waste Services to be provided pursuant to this Agreement. The Contractor shall provide names and contact information for all third -party service providers or subcontractors to the City prior to such providers or subcontractors commencing any work. The use of third -party service providers or subcontractors shall not relieve the Contractor from any of its responsibilities under this Agreement and Contractor shall be liable for any failure of the third -party service provider or subcontractor to perform which causes a default under this Agreement. 13.3 Cooperative Services. This Agreement may be used by other government agencies. By entering into this Agreement, the Contractor agrees to make substantially the same Agreement services, terms, and fee rates available to other such governmental agencies if they so desire, subject to issues specific to the other governmental agencies, including but not limited to changes necessary due to greater or lesser tonnage amounts (e.g., modifications to the performance bond amount or liquidated damages) and the particular administrative fee that may be sought. The City shall in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchases or services received by such agencies. ARTICLE 14 SUCCESSORS; ASSIGNMENT 14.1 Contractor Delegation. The City executes this Agreement with the Contractor as a uniquely qualified party to provide the Solid Waste Services. The Contractor's delegation of any Agreement duties shall be subject to this Agreement. Any delegation of duties shall not relieve the Contractor or the Surety provider of any liability and/or obligation under this Agreement. 14.2 Assignment. Except as Solid Waste Services may be provided by subcontractors or third -party service providers in accordance with Sections 3.3, 3.4 or 13.2, this Agreement is not assignable voluntarily, involuntarily or by process of law, without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. Unless specifically approved in writing by the City, any assignment shall not relieve the Contractor of its obligations, duties and liabilities hereunder. 14.3 Asset in Bankruptcy. In no event shall this Agreement be, or be treated as, an asset of the Contractor after adjudication of bankruptcy. The City shall not be bound to this Agreement by any trustee or receiver appointed to enter into or take possession of the Transfer Facility or otherwise. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 31 of 46 14.4 Transfer of Ownership. Except as provided below, there shall be no transfer of a controlling ownership interest in the Contractor without the prior written approval of the City, which consent shall not be unreasonably withheld, conditioned or delayed. For purposes of this section, "transfer of a controlling interest in the Contractor" shall mean the transfer or assignment of 49 percent or more of the beneficial ownership of the Contractor to or from a single entity; however, the following transfers or assignments shall not be construed as a "transfer of a controlling interest in the Contractor": transfers or assignments between individuals who own, in whole or in part, the Contractor or the parent company or any subsidiary of Contractor, including transfers or assignments between or to (1) the individuals who own, in whole or in part, the Contractor or such parent company or any subsidiary, (2) the spouses, surviving spouses and linear descendants (including adopted children) of the persons described in (1) above, (3) a trust, estate, corporation, partnership, or other entity owned by or for the persons described in (1) or (2) above, and (4) a corporate trustee designated to act in a fiduciary capacity for the estate or trust of any person described in (1) or (2) above. Notwithstanding the foregoing, the City may, in its discretion, determine that new ownership can adequately and faithfully render the Solid Waste Services called for in this Agreement for the remaining term of this Agreement, and the City may elect to execute a novation, allowing new ownership to assume the rights and duties of this Agreement and releasing the previous ownership from all obligations and liability. The new ownership would then be solely liable for any Solid Waste Services and/or claims related to this Agreement. 14.5 Binding Effect. This Agreement shall be binding on any and all successors or assignees unless and until terminated by the City in accordance with the terms of this Agreement. ARTICLE 15 TERM 15.1 Term of Agreement. This Agreement shall commence on the Effective Date, and, unless extended pursuant to Section 15.2, shall automatically expire on December 31, 2024. 15.2 Extension. This Agreement may be extended by mutual written consent of the Parties for two three-year increments under the same terms and conditions as provided herein. The City shall give at least 180 days' written notice prior to the expiration of the applicable term of its desire to (A) extend this Agreement under the same terms and conditions, (B) terminate this Agreement and renegotiate a new agreement, or (C) terminate this Agreement. The Contractor shall provide a written response within 30 days of receipt of the City's notice. The Contractor's response shall (A) accept the extension, (B) decline the extension under the same terms and state the Contractor's desire to negotiate a new agreement, or (C) acknowledge termination of the Agreement as provided in Section 15.1. If the Parties desire to negotiate a new agreement, this Agreement may be extended under the same terms and conditions as provided herein until the effective date of the new agreement with written mutual consent of both Parties. 15.3 Termination. Except as provided in Article 11 — Defaults, this Agreement may be Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 32 of 46 terminated prior to the complete term only upon written mutual agreement by the Parties. ARTICLE 16 CONTRACTOR AND CITY REPRESENTATIVES; NOTICES 16.1 Emergency Contact. The Contractor and the City shall each designate and provide, for the term of this Agreement, a 24-hour emergency contact telephone number. The emergency contact telephone number shall be provided in writing to the representatives of each Party prior to the effective date of this Agreement. 16.2 Contractor Representative; Notices. For purposes of receiving notices, the Contractor's representative is: Marc B. Torre President Sunshine Recyclers, Inc. dba Sunshine Disposal & Recycling 2405 North University Road Spokane Valley, Washington 99206 Email: marct@sunshinedisposal.com Telephone: 509 252-9060 Telefax: 509 252-9069 All notices, other than notifications of emergencies, shall be in writing to the Contractor's representative at the physical or electronic mail addresses provided above. 16.3 City Representative; Notices. All notices, other than notifications of emergencies, shall be in writing to the City at the following address: City of Spokane Valley Attn: City Clerk 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 The City Manager, or his or her designee, shall receive the notices and carry out the responsibilities of the City Representative provided herein. 16.4 Representatives for Notices Only. The representatives identified in Sections 16.2 and 16.3 shall not have the authority to alter this Agreement or bind either Party to any terms not contained in this Agreement. 16.5 Change in Representative. The Parties shall promptly notify each other in writing of any change in the person designated as the Contractor's or the City's representative or any change in address for receipt of notification. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 33 of 46 ARTICLE 17 MISCELLANEOUS 17.1 Applicable Law. This Agreement shall be administered, construed and enforced in accordance with the laws of the State of Washington. 17.2 Entire Agreement. This Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. 17.3 Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of any value from any person with an interest in this Agreement. 17.4 Time of Essence. Time limits stated in this Agreement are of the essence. No waiver of the Agreement time limits or schedule dates is to be implied from either Party's failure to object to untimely performance under this Agreement. Any waiver of time limits or schedules shall not be construed as a waiver of future time limits or schedules. 17.5 No Third Party Beneficiaries. This Agreement is entered into by the City in its governmental capacity and is not intended nor does it create any third party beneficiary or other rights in any private person, company, entity, or other organization, nor does it create any third party beneficiary or other rights in any public municipality or other governmental entity except as otherwise provided herein. 17.6 Amendment. Except as otherwise provided herein, this Agreement may only be amended in writing by both Parties. 17.7 Waivers. No officer, employee, agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 17.8 Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 17.9 Exhibits. Exhibits attached and incorporated into this Agreement are: A. Transfer Facility, Disposal Facility, Times and Days B. Education and Public Outreach Programs Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 34 of 46 C. Performance Standards D. Customer Service Plan E. Form of Surety F. Emergency Operation Plan G. Insurance Certificates Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 35 of 46 The Parties have executed this Agreement this day of , 2014. CITY OF SPOKANE VALLEY Contractor: Mike Jackson, City Manager By: Its: Authorized Representative ATTEST: APPROVED AS TO FORM: Christine Bainbridge, City Clerk Office of the City Attorney Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 36 of 46 Exhibit "A" Transfer Facility The Contractor has identified the following as the Transfer Facility: The Sunshine Transfer Station and Recycle and MRW Station located at 2405 North University Road, Spokane Valley, Washington 99206. Operation of Transfer Facility The Contractor shall provide Transfer Services at the Transfer Facility to allow Self Haulers and Designated Haulers to deliver Solid Waste during the following days and times: Monday through Sunday, 7:30 a.m. through 5:00 p.m., excluding the following designated holidays: New Years' Day, Memorial Day, Easter, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. Disposal Facility The Contractor has identified that Acceptable Waste, C&D Waste, and Special Waste shall be disposed of at one or more of the following sites: Wenatchee Landfill, 191 Webb Road, Wenatchee, Washington 98802 Roosevelt Regional Landfill, 500 Roosevelt Grade Road, Roosevelt, Washington 99356 Graham Road Landfill, South 1820 Graham Road, Medical Lake, Washington 99022 Recyclables, Organics, and MRW shall be recycled, composted, and disposed of at one of the sites listed above or other sites as determined by market rates and in accordance with applicable Federal, State, and local law. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 37 of 46 Exhibit "B" Education and Public Outreach Programs City and Contractor shall collectively work together to develop an education campaign. The City shall be responsible for all costs of providing education related to the Solid Waste Services provided by Contractor herein. The Parties shall develop an educational campaign that outlines the operations of the Transfer Facility, including location, hours of operation, services provided, and customer service hotline number and the date for commencement of services. Such campaign shall be made to fully inform the citizens of the City and may include brochures mailed to all households and businesses within the City, postings at the scale houses of the Transfer Facility, publication or inclusion of advertisement inserts in local newspapers, and radio advertisements. The education campaign shall begin no later than September 1, 2014 and shall run at least through commencement of services on November 17, 2014. City and Contractor shall develop a website detailing operations of the Transfer Facility, including location, hours of operation, services provided, and customer service hotline number. The Parties may utilize the existing websites for the City and Contractor, provided both shall be updated to reflect the Solid Waste Services provided herein. Contractor shall work with City to assist it in providing ongoing education on recycling and waste diversion options, which may include providing materials and outreach visits to schools within the City, brochures, and material on the website. Contractor shall work with City to assist it in providing ongoing education on Unacceptable Waste and locations and methods to properly dispose of Unacceptable Waste on the website and by materials, such as brochures or postings, available at the Transfer Facility. Notwithstanding anything in this Exhibit B, City shall be responsible for costs of all educational materials. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 38 of 46 Exhibit "C" Performance Standards In performing the services under this Agreement, Contractor agrees to the following: 1. All interior access drives, parking areas and vehicle maneuvering areas shall be paved. 2. The Transfer Facility shall be fenced to prevent unauthorized access during non-operating hours and to prevent off-site migration of litter. 3. Adequate commercial grade and professional -looking signage, traffic control devices (such as cones or jersey barriers) and Transfer Facility personnel shall be provided to direct Designated Haulers and Self Haulers to the appropriate tipping areas. 4. Sufficient equipment shall be provided at all times to handle Solid Waste and to efficiently and safely operate the Transfer Facility. 5. Contractor shall ensure a sufficient number of employees shall be provided, on hand and working at all times so as to handle all Solid Waste being directed to the Transfer Facility, including a sufficient number of employees to accept and process MRW and Recyclables, to efficiently and safely operate the Transfer Facility, and to assist Self Haulers with the proper unloading of Solid Waste. 6. Contractor shall meet the objectives and requirements of the Customer Service Plan on Exhibit "D." 7. Acceptable Waste shall be removed continuously throughout the operating day to reduce potential for odors and to provide adequate tipping floor space for Designated Haulers and Self Haulers. Acceptable Waste shall be removed from the Transfer Facility tipping floor within 72 hours of its acceptance by the Contractor. 8. The tipping floor and public access areas shall be cleaned as necessary to prevent build-up of Solid Waste residues and to provide Designated Haulers and Self Haulers with a safe and orderly Transfer Facility. 9. The Transfer Facility and University and Oberlin Road in the vicinity of the Transfer Facility shall regularly be patrolled to collect litter. 10. Contractor shall use its good faith efforts to process Designated Haulers and Self Haulers in an efficient and timely manner so that processing times are reasonable given the then - occurring volume of haulers. The Parties agree that in normal operating conditions, on-site processing times (including vehicle queuing) for Designated Haulers and Self Haulers shall be no more than 30 minutes. 11. Contractor shall ensure that no vehicles are queued into Montgomery Avenue except to the Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 39 of 46 extent such queuing arises from Uncontrollable Circumstances. 12. Snow accumulations shall be promptly cleared and/or removed to permit Designated Haulers and Self Haulers reasonable access to and use of the Transfer Facility. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 40 of 46 Exhibit "D" Customer Service Plan 2405 N University Road Spokane Valley, WA 99206 (509) 924-5678 Customer Service is essential when providing safe, efficient and economical recycling and disposal services. It is the Goal of Contractor to answer questions and resolve customer issues at the initial point of contact with our employees and/or managers. The following procedures will be utilized at the Spokane Valley University Road Transfer Station, which has been identified as the primary Transfer Facility. Customer Service Center Customer Service Center Location Contractor owns and operates a Customer Service Call Center located at 2405 N. University Road in the Spokane Valley. The call center services only Contractor's customers and is the focal point for all questions and concerns regarding refuse collection and transfer station operations. The Call Center operates from 8:00 am to 5:00 pm Monday through Friday. The Call Center is closed on major holidays which include: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. Customer Service Structure Staffing levels at our Customer Service Center are determined by call volume. Contractor is committed to adjusting the staffing levels at our Customer Service Center to ensure timely response to all phone inquiries. All staffing is hired locally. The current staff level consists of (1) Chief Financial Officer, (1) supervisor, (4) customer service representatives and (3) scale house operators. Customer Service Operations Our locally hired Call Center Representatives (CSR's) bring with them a familiarity of how refuse is collected and disposed of within Spokane County. They also have a basic understanding of the road networks of the communities they serve. For this reason they are better equipped to connect with the customer they are assisting by answering their questions more quickly and accurately. Each CSR station is equipped with a networked computer to assist them with answering questions and documenting customer questions and complaints. This system allows for the documented questions and complaints to be sent to managers in the field or at the corporate level. Having this ability assists us in addressing the needs of the customer in real time. Performance by our CSR staff is measured by a regular review by the senior customer service specialist of all account changes made during the previous day. Calls are periodically monitored to ensure our staff is correctly trained to resolve customer inquiries. We utilize side by side Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 41 of 46 monitoring to provide our staff immediate feedback. Calls are answered in approximately 20 seconds. During periods of heavier call volume, customers have the choice to receive a return phone call. They can simply input their phone number into our system and not lose their place in queue. In the event a CSR is unable to answer a customer's question or resolve an issue the CSR has the ability to route the customer call to the senior customer service specialist or a manager. In the event the manager is not available he/or she will return the customers call as soon as possible or by the end of the business day. Spokane Valley University Road Transfer Station Website To assist customers with answering questions and resolving issues Contractor will have a website solely devoted to the Spokane Valley University Road Transfer Station. The website will explain how each component of the Transfer Station functions: its hours of operation, commonly asked questions, and how to contact us. In the section regarding on How to Contact Us there will be a Call Center phone number and listed e-mail address. The e-mail address will be routed to the Call Center for answering questions and concerns by the CSR's. The CSR's will check for e-mails from the website throughout the day and before the close of business. E-mails addressed to managers will go through the CSRs first before being routed on. In the event the manager is not available he/or she will return the customer's e-mail as soon as possible or by the end of the business day. Scale House Attendants It is the function of the Scale House Attendants to weigh vehicles entering and exiting the Transfer Station, answering customer questions, giving directions, coordinating traffic and receiving money. To assist the scale house attendants with moving customers through the facility all scale houses will be equipped with brochures that explain Transfer Station operations. In the event a scale house attendant cannot answer a customer's question or resolve an issue the scale house attendant will notify the onsite supervisor. The onsite supervisor will work with the customer to answer the question or resolve the issue. If there is a dispute over money between the Scale House Attendant and a customer, the internal scale house camera will be reviewed by the onsite manager for resolution. Spotter/Screener It is the function of the Spotter/Screener to make sure all customers are disposing of items that Contractor can legally accept. In the event that an item cannot be disposed, the onsite manager will be contacted to discuss this issue with the customer. The ultimate goal of the conversation is to find a solution to their disposal needs. It is also the responsibility of the spotter/screener to educate and assist customers with recycling, Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 42 of 46 directing traffic and assuring that safety policies related to the public and commercial customers are being followed. Moderate Risk Waste Technician It is the function of the Moderate Risk Waste Technician to assist the public with handing their moderate risk waste. In the event we receive a hazardous waste material that we cannot legally accept the onsite supervisor will be called to discuss this issue with the customer. The ultimate goal of the conversation is to find a solution to their disposal needs. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 43 of 46 Exhibit "E" Form of Surety Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 44 of 46 PERFORMANCE BOND Annual Form Bond No. KNOW ALL BY THESE PRESENTS, That we , as Principal, and , of , authorized to do business in the State of , as Surety, are held and firmly bound unto as Obligee, in the maximum penal sum of Dollars ( ), lawful money of the United States of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by this Bond. WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform in accordance with the terms and conditions of the referred to as the Contract), said Contract is hereby referred to and made a part hereof; (hereinafter NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns, shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions: 1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of to . The Bond may be extended, at the sole option of the Surety, by continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety's decision not to issue a continuation certificate, nor (b) the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to not renew this Bond, shall itself constitute a Toss to the Obligee recoverable under this Bond or any extension thereof. 2. The above referenced Contract has a term ending . Regardless of the number of years this Bond is in force or the number of continuation certificates issued, this Bond shall not be extended beyond , unless earlier nonrenewed pursuant to paragraph 1 above. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the bond term. 4. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider. 5. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any demand or request for payment must be made prior to the expiry date of this Bond. Surety Address: Attn: 6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Contract, then the terms of this Bond shall prevail. SIGNED, SEALED AND DATED this day of By: , Principal By: S -5025d (06-06) , Attorney -in -Fact Exhibit "F" Emergency Operations Plan Transfer Facility The Kootenai County Solid Waste Department has agreed to allow Sunshine Disposal & Recycling to direct refuse trucks to Prairie Transfer Station for loading of intermodal containers and/or transfer trailers on an emergency basis. The Prairie Transfer Facility is located at 15580 W Prairie Ave, Post Falls, ID 83854. The Prairie Transfer Station is an emergency back up to Sunshine's Spokane Valley University Road Transfer Station and will only be utilized if there are circumstances that prohibit the University Road Transfer Station from accepting waste from the designated hauler as provided in Article 6. The emergency operations plan anticipates that the public will be allowed to continue to utilize the Spokane Valley University Road Transfer Station. If the emergency plan has to be activated, Sunshine will provide Self -Haulers access to front load and roll off containers to fulfill the Self -Haul customers disposal needs. These containers will be serviced by Contractor's refuse trucks which will also be routed to the Prairie Transfer Station. Disposal Facility Contractor utilizes and has access to different regional landfills throughout the Northwest as its Disposal Facility, including the Greater Wenatchee Regional Landfill, Graham Road Regional Landfill, and Roosevelt Regional Landfill. If a regional landfill experiences an event that prohibits receipt of Acceptable Waste, pursuant to Article 6, the Emergency Operations Plan will to be activated and the Acceptable Waste will be diverted to an alternative landfill. Contractor will divert Acceptable Waste to the back-up landfill until the primary landfill re -opens for receipt of Acceptable Waste. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 45 of 46 Exhibit "G" Insurance Certificates Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 46 of 46 SUNSDIS-01 LSCALES , ACR®"p CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/5/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moloney, O'Neill, Corkery & Jones Inc 818 W Riverside #800 Spokane, WA 99201 CONTACT NAME: PHONE 509 325-3024 FAx 509 325-1803 No, Ext): ( ) (PJC, No): ( ) E•MA(Arc, ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Liberty Northwest Insurance Corp LIABILITY COMMERCIAL GENERAL LIABILITY INSURED Sunshine Disposal, Inc 11320 W. McFarlane Rd Airway Heights, WA 99001 INSURER B : C07170065 INSURERC: 09/01/2014 INSURER D : $ 1,000,000 INSURER E : $ 300,000 INSURER F : $ 10,000 BER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLI W o POLICY NUMBER EFF (BR MMIDD//YYYY) (MMIICY EXP DD ) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X C07170065 09/01/2013 09/01/2014 EACH OCCURRENCE $ 1,000,000 pREM SESO(Ea occTurrence) $ 300,000 MED EXP (Any one person) $ 10,000 CLAMS -MADE X OCCUR PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GE 'L AGGREGATE POLICY X LIMIT APPLIES TS)- X PER: LOC $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED HIREDS AUTOS X SCHEDULED AUTOS NON -OWNED AUTONOS C07170065 09/01/2013 09/01/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (PER ACCIDENT) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE C07170065 09/01/2013 09/01/2014 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ DED RETENTIONS A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A C07170065 09/01/2013 09/01/2014 WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) City of Spokane Valley is additional insured (primary and non-contributory) under General Liability with respect for ongoing operations performed for the City per form CG8416 12/03 attached. CELLATION Cityof Spokane Valle p y 11707 E. Sprague Ave, Suite 106 Spokane Valley, WA 99206 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE %� Y/° ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 8416 12 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK PLUS® FOR CONSTRUCTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX Subject Page Blanket Additional Insured (Owners, Lessees or Contractors) 2 Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent 3 Non -Owned Watercraft 4 Supplementary Payments (Bail Bonds) 4 Personal And Advertising Injury - Electronic Publication Extension 5 Aggregate Limits (Per Location) 5 Aggregate Limits (Per Project) 5 Voluntary Property Damage Coverage 6 Off Premises Care, Custody or Control Coverage 6 Newly Formed or Acquired Organizations 7 Duties in the Event of Occurrence, Offense, Claim or Suit 7 Bodily Injury (Mental Anguish) 8 Waiver of Transfer of Rights of Recovery Against Others 8 Medical Payments 8 Broad Named Insured 8 Broadened Mobile Equipment 8 Incidental Malpractice Liability 8 Non -Owned Aircraft 9 Property Damage - Elevators 9 CG 8416 12 03 E 600 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 9 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section II - Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury," "property damage" or "personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or 2. Caused by your ongoing operations performed for the additional insured. The insurance provided the additional insured in 1 .A.2. above does not apply to: a. Coverage A - Bodily Injury and Property Damage Liability, Coverage B - Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) that was performed by or on behalf of the additional insured(s) at the site where the covered operations have been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III - Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. CG 8416 12 03 E 601 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of 9 D. As respects the coverage provided to the additional insured under this endorsement, Section IV - Conditions is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4. Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an "occurrence" by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I - Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. B. Paragraph 6. of Section ID - Limits Of Insurance is replaced by the following: 6. Subject to 5. above, the higher of $300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion" or sprinkler leakage incident. CG 841612 03 E 602 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 3 of 9 C. Paragraph b.(1)(b) of Condition 4. Other Insurance (Section IV — Conditions) is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a. of the definition of "insured contract" in Section V- Definitions is replaced by the following: 9. "Insured contract" means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; E. The following definition is added to Section V - Definitions: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON -OWNED WATERCRAFT Subparagraph g.(2) of Paragraph 2., Exclusions of Section I - Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments - Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from $250 to $1000. CG 8416 12 03 E 603 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 4 of 9 5. PERSONAL AND ADVERTISING INJURY - ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d. and e. of Section V - Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury" of Section V - Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any "executive officer" director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. CG 841612 03 E 604 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 5 of 9 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for "loss" to property of others caused by your business operations. The most we will pay for this coverage is $500 each "occurrence." The "loss" must occur during the policy period. The "occurrence" must take place in the "coverage territory". "Loss" means unintended damage or destruction. "Loss" does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any "auto"; 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of "property damage" to personal property of others while in your or your "employees" care, custody or control or real property of others over which you or your "employees" are exercising physical control if the "property damage" arises out of your business operations. This Coverage is subject to sections B., C., D. and E. below. B. Exclusions This insurance shall not apply to: 1. "Property damage" of property at premises owned, rented, leased, operated or used by you; 2. "Property damage" of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. "Property damage" of property caused by or arising out of the "products -completed operations hazard". C. Limits Of Insurance - The most we will pay for "property damage" under this Section 9. is $25,000 for each "occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of "property damage" is an annual aggregate limit of $25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible - We will not pay for "property damage" in any one "occurrence" until the amount of "property damage" exceeds $250. If the policy to which this endorsement is attached contains a "property damage" deductible, that deductible shall apply if it is greater than $250. E. In the event of "property damage" covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CG 8416 12 03 E 605 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 6 of 9 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II - Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured. B. This Section 10. does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT A. The requirements in Section IV - Conditions, Paragraph 2.a., that you must see to it that we are notified of an "occurrence" applies only when the "occurrence" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV - Conditions Paragraph 2.b. that you must see to it that we receive written notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an "occurrence," claim or "suit" by the agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or "employee". 12. BODILY INJURY Paragraph 3. of the definition of "bodily injury" in the Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 8416 12 03 E 606 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 7 of 9 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d) of Section II - Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1) of Section V - Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3. of Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, disease or "incidental medical malpractice" sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V - Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. 18. NON -OWNED AIRCRAFT The following is added to Subparagraph g. of 2., Exclusions of Section 1- Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured. CG 8416 12 03 E 607 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 8 of 9 19. PROPERTY DAMAGE - ELEVATORS The following is added to Subparagraph j. of 2., Exclusions of Section I - Coverage A Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. CG 841612 03 E 608 00 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 9 of 9 STA T£ OF WASHINGTON Department of Labor & Industries Certificate of Workers' Compensation Coverage May 5, 2014 WA UBI No. L&I Account ID Legal Business Name Doing Business As Workers' Comp Premium Status: Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? 602 000 782 462,631-01 SUNSHINE RECYCLERS INC SUNSHINE RECYCLERS INC Account is current. Quarter 1 of Year 2014 "11 to 20 Workers" TO / CAROLYN CRAWFORD (360)902- 4715 - Email: CRAI235@ni.wa.gov No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 20, 2014 Check all that apply: ['consent ❑ old business ['information ® admin. report Department Director Approval: ['new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Centennial Trail Cooperative Agreement Update GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The Spokane Centennial Trail comprises 37 miles of natural beauty following the historic Spokane River from the Idaho state line to Nine Mile Falls, WA. Designed for use by people of all ages and physical capabilities, the Trail is fully paved, so it is ADA accessible. It is used for commuting to both work and pleasure, and wildlife observation. The trail is marked by sites of historic and archaeological interest. With its metropolitan center section in downtown Spokane, the Centennial Trail branches out to more rural west and east endpoints, reaching into Idaho for a total of 61 miles. It mostly follows the contours of the Spokane River and joins with Lake Coeur d'Alene, Idaho, connecting along the way with the Liberty Lake Trail, Plantes Ferry Link Trail, and Cheney -Fish Lake Trail. There are over 2 million uses per year on the Trail. In 1979, Spokane County Parks proposed a bicycle/pedestrian pathway along the Spokane River. In 1984, the Spokane Valley Chamber of Commerce formed a Parks and Recreation Committee to explore this recreational possibility. In 1986, this group proposed a 10.5 -mile recreational trail in the valley, naming it a Centennial Trail to coincide with Washington State's 100th birthday in 1989. In 1987, the internationally recognized architectural team, Jones & Jones, was selected to develop a master plan for the Centennial Trail. It took a community to build the trail system - fundraisers, volunteers, and local businesses. In 1991, the Friends of the Centennial Trail was created, a nonprofit Washington corporation, dedicated to the ongoing support of the public sector for the development, operation, maintenance, and enhancement of the Spokane Centennial Trail. With the cooperation of the entire community, roughly 30 miles of class 1 trail were completed by 1992. The remaining seven miles consists of class 2 and 3 trail to create a contiguous trail system. The Trail is maintained via a cooperative agreement between the Washington State Parks & Recreation Commission and the City of Spokane, Spokane County and the City of Spokane Valley through their respective parks departments with assistance by the Friends of the Centennial Trail. The original cooperative agreement did not involve the City of Spokane Valley since we did not become a City until 2003. However, since 2003, the City of Spokane Valley has been managing and maintaining our portion of the trail just as if we were a signatory on the original cooperative agreement. The City has budgeted resources and included the trail maintenance in our maintenance agreement with our outside contractor. The four Parties have been attempting to update and revise the original agreement for over seven years. Finally, in 2013 all Parties agreed to an ambitious schedule to complete the revised update by years end. One of the critical reasons for this revised update was to include the City of Spokane Valley. The City needed to become an official party to this cooperative agreement since a portion of the Trail is in our City. Staff is pleased to be able to bring this new revised and updated draft agreement before the City Council for your review and consideration. This new draft agreement not only includes the City of Spokane Valley but it has been updated to reflect current maintenance trends, costs, trail conditions and responsibilities. The draft agreement contains a management plan exhibit and a trail maintenance fund exhibit. From staff's perspective, the draft agreement is consistent in maintaining the role and responsibilities that Spokane Valley has been fulfilling since 2003. In fact several changes have been made to clarify responsibilities and provide our City with a new level of protection. This draft agreement has been reviewed by the legal staffs of the State, Spokane, Spokane County and Spokane Valley. The main addition to the cooperative agreement is the addition of Exhibit 2, the Trail Maintenance Fund. The Parties felt a need to address the continuing maintenance challenges that we all could be facing as the trail continues to age. The Trail Maintenance Fund for the Spokane River Centennial Trail to be jointly administered by the Parties was created for the maintenance of the Spokane River Centennial Trail. This fund is primarily intended to address preventative maintenance needs that Parties cannot cover as part of the routine maintenance specified in the Interagency Cooperative Agreement and to address capital repairs. Each Party will be required to make an annual lump sum payment of $20,000 to the Trail Maintenance Fund by February 1 of each year beginning in 2015. All expenditures from the Trail Maintenance Fund shall be unanimously approved by the Parties prior to disbursement. Staff will be seeking input and comments from the City Council and anticipates bringing the draft plan back June 10 for a motion consideration to consider approval of the cooperative agreement. OPTIONS: 1) Suggest changes to the agreement, or 2) Take other appropriate action. RECOMMENDED ACTION OR MOTION: Council consensus to place on the June 10, 2014 agenda for motion consideration to consider approval of the Centennial Trail Cooperative Agreement. BUDGET/FINANCIAL IMPACTS: Currently the maintenance of the Centennial Trail is approximately $65,000 annually and is paid from the Parks and Recreation Department budget. This agreement proposes an additional $20,000 lump sum payment annually for the trail maintenance fund. STAFF CONTACT: Michael D. Stone, CPRP. Director of Parks and Recreation ATTACHMENTS: PowerPoint Presentation and Draft Agreement Spokane River Centennial Trail Interagency Cooperative Agreement Washington State Parks and Recreation Commission City of Spokane Spokane County City of Spokane Valley Page 1 of 20 THIS AGREEMENT, is made and entered this day of , 2014, by and between SPOKANE COUNTY, a political subdivision of the State of Washington, having offices for the transaction of business at West 1116 Broadway Avenue, Spokane, Washington, 99260 ("COUNTY") and the City of Spokane, a municipal corporation of the State of Washington, having offices for the transaction of business at 808 West Spokane Fall Boulevard, Spokane Washington 99201 ("SPOKANECITY"), the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transacti& of business at 11707 E Sprague Avenue, Spokane Valley, WA 99206 ("SPOKANE VALLE `g,tid Washington State Parks and Recreation Commission, having offices for the transaction of business at 1111 Israel Road, P.O. Box 42650, Olympia, WA 98504 ("COMMISSION"). Collectively, the COUNTY, CITY, SPOKANE VALLEY and the COMMISSION are referred to as the "PARTIES." WITNESSgH: WHEREAS, the PARTIES are owners of land wit the Spokane River Centennial Trail ("Trail") corridor as described in Section 3 of this Agreement; and WHEREAS, the Spokane River corridor is ecologically impoWn, has significant potential for interpretive purposes, • outstanding scenic beauty, tranquil surroundings and valuable historic and prehistoric features, is uniquely held public ownership for the more than 39 miles of its length, is the common thread that ks ' ernments, communities and neighborhoods together, s has, any thousands of years, been the corridor for commerce in the area and provides si ificant recreational opportunities; and WHE ' the PART desire to provide for the development and operation of a multi- purpose trail syste i s . e intent and authority of RCW 79A.05.030 and RCW 39.34.030 (2); and WHEREAS, the PARTIES agree that the primary development objective should be to preserve the river environment and provide facilities for public access, recreation, education and ecological and historic interpretation; and Page 2 of 20 WHEREAS, the COMMISSION is authorized under RCW 79A.05.030 and RCW 39.34.030 (2) to cooperate with the COUNTY, SPOKANE and SPOKANE VALLEY in accomplishing the program herein referred to and to enter into this Agreement to that end; and WHEREAS, the COMMISSION at its May 19, 1989 meeting authorized the Director or designee to enter into a long-term cooperative agreement with multiple governmental entities for the development and operation of the Spokane River Centennial Trail corridor (Trail); and WHEREAS, the PARTIES agree that the Trail can mo vantageously be managed by the Commission with shared operation, maintenance and 1. en o cement responsibilities; NOW THEREFORE, in consideration of the mutual bens to be derived, the PARTIES hereby agree as follows: Section 1: Term The term of the Agr 11 be for 2014Ers commeing on the date last below written. This Agreement may be renewed 10 -year increments upon expiration of the original 20 -year term by mutual agreement of the parties. The COMMISSION will be given the first right to renew the Agreement before any other party is given the opportunity to manage the Trail under agreement with the COUNTY, SPOKANE and SPOKANE VALLEY. Section 2: Development and Management (a) All development and management of the Trail shall be the responsibility of the COMMISSION, unless otherwise provided herein, and the COMMISSION shall be the lead agency in preparing future development plans. Operation, including maintenance and law enforcement, shall be as set forth in Exhibit 1 - Management Plan ("Management Plan"), which Page 3 of 20 is attached hereto and incorporated herein by this reference. Each jurisdiction shall be responsible for all costs related to providing ordinary Trail operation, maintenance and law enforcement activities as outlined in the Management Plan. In the event of a capital repair or project (a project that falls outside of the parameters of ordinary maintenance as outlined within Exhibit 1 - Management Plan and/or exceeds $25,000 to complete) he underlying property owner or lease holder shall assume full responsibility (financiand otherwise) for project completion, barring any other agreements in place that may sede. (b) In the event of a capital repair or project i I . cting the Trail anssociated buffer lands, the responsible party may elect to petitio • er parte for evaluation portunities for cooperative funding in accordance with Exhibit 2 — Maintenance Fund ("Maintenance Fund") which is attached hereto and incorporated herein alteration or repair to the trail that is paid for require the unanimous approval of all Parties. responsible for carrying out the work including p s r-ference. Construction, ole arties wil the liability asjated with such activities. m the Maintenance Fund will so agree to which entity will be g, permitting, contracting, spending, and such work will begin without the written approval of the plans by all Parties. Written approval can be in letter form or electronically by e- mail. In the event of an e ency quiring immediate action to protect persons or property, the Parties may c a special Meeting or communicate by phone or e-mail to approve emergency spending. All construc or reconstruction must comply with applicable state and local laws. In the absence of c• •perative funding, the responsibility for capital repairs shall fall to the underlying land owner or lease holder for the section of Trail in need of repair. The Parties shall meet every three years for the life of this Agreement to review the capital funding threshold (currently at $25,000 — which is presently the state threshold for capital funding). Page 4 of 20 Section 3: Coordinating Council A Coordinating Council comprised of one (1) representative of each of the PARTIES, as well as a non-voting representative of the Friends of the Centennial Trail, shall be established to carry out all its responsibilities as outlined in the Management Plan and Maintenance Fund. The Coordinating Council representative from each party to this Agreement shall be as follows: • Washington State Parks: Riverside State Park ManagN Designee • Spokane County: Parks, Recreation & Golf if tor or i esignee • Spokane- Parks and Recreation Director or Des • Spokane Valley: Parks and Recreation Director or Des • Friends of The Centennial Trail (nn -voting): Executive Directo* or Designee Each representative shall have responsibility for disseminating information to other individuals and parties in his/her group and for coordinating matters for the administrative working group. The designated representative shalrliave the autho *p vote on fund spending priorities on behalf of the organization they represent. Section 4: Areas of Jurisdiction i. The COMMISSION is primarily responsible for management of the entire 39 mile length of the Trail and maintenance and law enforcement on or within the Trail corridor and adjacent buffer lands within Riverside State Park from Nine Mile Recreation Area to the TJ Meenach Bridge. The COMMISSION is not precluded, however, from conducting maintenance or law enforcement on the entire Trail corridor and buffer lands to protect safety and recreation on the Trail, including those areas where the COMMISSION is the Page 5 of 20 underlying property owner but another jurisdiction is responsible for management, maintenance and law enforcement per this Agreement. ii. SPOKANE is responsible for the management of adjacent CITY -owned or leased buffer lands and maintenance and law enforcement on or within the Trail corridor located within the existing and future municipal boundaries of SPOKANE from the south end of the TJ Meenach Bridge to Centennial Trail Mile Marker 16 near "Boulder Beach" beyond the eastern municipal boundary of SPOKANE. iii. The COUNTY is responsible for management adjacc nt COUNTY -owned or leased buffer lands and maintenance and law enforcem t on o ithin the Trail odor from Centennial Trail Mile Marker 16 near "Boulder Beach" to the Idaho border minus any portion of the trail corridor and adj . . uffer lands th. . locted in SPOKANE VALLEY'S municipal boundaries (c e) — . minus any other portions of the Trail corridor and adjacent buffer 1. in this str: that become located within an existing or city(s) m cipal limits (i. nexation, incorporation). iv. SPOKA E VALL his responsible for management of adjacent city -owned or leased buffer lands an maintenance and law enforcement on or within the Trail corridor within its municipal boundaries (current and future). Section 5: Rules and Regulations The Trail is to be managed consistent with the provisions of chapter 79A.05 RCW and the rules and regulations adopted thereunder, unless otherwise exempted by the Director or COMMISSION. Page 6 of 20 Section 6: Permits Development and maintenance along the trail corridor shall be done in full possession of all necessary permits and licenses and in accordance with all applicable codes and regulations — including SEPA — and consistent with the overall development plans prepared by the COMMISSION. Obtaining permits will be the responsibility of the in . ting party. Section 7: Cooperative Management This Agreement allows management by the COUNTY, SPOKANE an. 'KANE VALLEY of COMMISSION -owned lands; and, by the COMMISSION of CO SPOKANE, and SPOKANE VALLEY -owned buffer lands within the Trail corridor. Any modifications or uses of this property for ther than buffer shall be consistent with Trail development, preservation of the river corridor, and approved by COMMISSION staff prior to use, modification or construction. Use of these lands for recreation, education or river access purposes may be granted by amendment to this Agreement upon approval of the proposed plans for said property by COMMISSION staff and approval of use by the COMMISSION, and in accordae with all applicable Federal, state and local laws. Section 8: Jurisdiction App All new facilities and improvements made by the COMMISSION shall be consistent with Trail development, preservation of the river corridor, and approved by the applicable jurisdiction prior to construction. The COMMISSION shall be in possession of all necessary permits and licenses and shall carry out all development, maintenance and operation in accordance with all applicable Federal, state and local laws. Page 7 of 20 Section 9: Hamilton Street Bridge The Hamilton Street pedestrian bridge is located on SPOKANE -owned property. Routine maintenance of this bridge will be the responsibility of SPOKANE. Any repairs relating to the structural integrity of the bridge; and, if necessary, replacement will be e responsibility of SPOKANE. Section 10: Denny-Ashlock Bridge The Denny Ashlock pedestrian bridge is located on both COMMISSION and SPOKANE VALLEY -owned property. Routine maintenance of this will be the responsibility of the party in whose jurisdiction the bridge resi r the northern half of the bridge, and Spokane Valley for the sout ha .ridge) Any repairs relating to the structural integrity of the bridge d, if necessa, eplaceme will be the responsibility of the COMMISSION. Section ion to allow the COMMISSION to use the COUNTY, SPOKANE an. ' OKANE LLEY-owned property and to allow the COUNTY, SPOKANE and SPOKANE VALL . + use the COMMISSION -owned property for the purposes and on the terms and conditions herein stated. No legal or equitable title is conveyed hereby. Title to the subject property shall remain with the landowner throughout the term of this Agreement and renewal thereof. Page 8 of 20 Section 12: Indemnification To the extent permitted by law, the COUNTY and/or SPOKANE and/or SPOKANE VALLEY shall defend and hold harmless the COMMISSION and the State of Washington, its officers, agents, employees, successors or assigns against any and all claims suffered or alleged to be suffered on the property, except such claims which arise out of thctivities of the COMMISSION, its officers, agents or employees, for which clai ' #i e COMMISSION will defend and hold the COUNTY, SPOKANE and/or SPOKA ALL . , armless. Section 13: Signs The COMMISSION shall erect and maintain a sign( identifying the COUNTY, SPOKANE and SPOKANE VALLEY as • . ting agencies. Any development authorized in accordance with Section 8 herein shall be si ed by the applicable ' risdiction identifying the COMMISSION as a cooperating and contact for signing. ency. The ' . MISSION will be the primary focal point Section 14: Termination This Agreement may be terminated at any time by mutual written consent of all PARTIES hereto. Section 15: Modification The provisions of this Agreement may be modified at any time by the mutual consent of all PARTIES hereto. Page 9 of 20 Section 16: Assignment of Rights No rights under this Agreement may be assigned without the prior written consent of the other parties. This does not preclude third -party agreements which are in compliance with the Management Plan. Section 17: Tree Removal Any tree removal shall be in accordance with landowner rules and regulations. Section 18: Non -Compliance The Trail and adjoining buffer lands are to be used b COMMISSION for public Trail corridor purposes. Except as otherwise provided for herein, this grent may be terminated P YPby byanyart in the event of non-compliance any other party with the terms and conditions hereof, providing that the terminating party allow the non -complying party no less that ninety (90) days written notice of violation in which to correct any situation which is not in compliance with the terms an conditions of this Agreement. If correction is not made to the satisfaction of the terminating party within the ninety (90) days, this Agreement will automatically terminate without further notice. Section 19: Removal of Improvements Unless otherwise4greed, upon termination or expiration of this Agreement, all improvements placed on property under this Agreement shall be disposed of in compliance with applicable provisions of the Revised Code of Washington. Page 10 of 20 Section 20: Discover Pass SPOKANE, SPOKANE VALLEY, and the COUNTY have agreed to contribute towards the operation, care and maintenance of portions of the Trail and associated buffer lands as outlined herein. In recognition of this investment, the COMMISSION agrees NOT to impose any parking or visitor fees (i.e. Discover Pass) for ordinary visitation and use of tho trailheads and other areas commonly used for parking along portions of the Trail co and buffer lands for which SPOKANE, SPOKANE VALLEY, and the COUNTY have maintenance responsibility. Section 21: Trail Realignments and Connecti (a) Trail realignments which may be completed to as . safety hazards, to separate the trail from stretches of roadway, to elimina - or to otherwi ec the Trail shall become part of this Agreement and the Party whose area inclu. ' . the new trail element(s) shall assume jurisdictional responsibility for the w trail element(s) unless otherwise determined by the Parties through modification of the greement. (b) Future c.nnections to the Trail such as neighborhood access points, local commuter w. trails, or regional trail conn ction . Fish Lake Trail) are a stated goal in the adopted Spokane County Regional Trails Pla rail c ections shall be encouraged to be completed, but any trails which have been conned to the Centennial Trail shall not become part of this Agreement nor extend maintenance responsibilities by the Parties under this Agreement, unless otherwise determined by the Parties through modification of the Agreement. Section 22: Entities No new entities are created by this Agreement. Page 11 of 20 Section 23: Agreement to be Filed The PARTIES shall record this Agreement with the Spokane County Auditor. Section 24: Personal/Real Property/No Joint Board There shall be no common ownership of any real or personal property under the terms of this Agreement. Each party to this Agreement shall separately ow property. The Coordinating Council referenced in Section 3 w Agreement, as well as the Management Plan and Trail -n.,' ce Fun and personal ter the provisions of this Page 12 of 20 DATED this day of , 2014 SPOKANE COUNTY COMMISSIONERS WASHINGTON STATE PARKS AND RECREATION COMMISSION By By 1 Shelly O'Quinn, Chairperson [NAME], Director Date Date ATTEST: APPROVED AS TO FORM: By [NAME] Daniela Erickson, Clerk Attorney General Date CITY OF SPOKANE By y [NA Senior A t Attorney General Date CITY OF SPOKANE VALLEY By [NAME], City Manager Mike Jackson, City Manager Date ' Date APPROVED AS TO FORM Assistant City Attorne APPROVED AS TO FORM: Office of the City Attorney ATTEST: ATTEST: By By City Clerk Christine Bainbridge, City Clerk Date Date Page 13 of 20 Exhibit 1 Management Plan A - PURPOSE The purpose of this Management Plan ("Plan") is to establish min management, maintenance and law enforcement along the Spo ("Trail"). B - PARTIES INVOLVED m standards for the er Centennial Trail This Plan is part of the Interagency Cooperative Agreement entered into by the W . ington State Parks and Recreation Commission ("COMMISSION"), the City of Spokane ("SP 1 KANE"), Spokane County ("COUNTY") and the Qity of Spokane Valley ("SPOKANE VALLEY"). C - GENERAL MANAGEMENT 1. Overall management o'f the entire 39 -mile length of the Trail will be done by tVIMISSION through the Riverside State Park Manager's office. 2. Tll special activities along the Trail corridor will be coordinated through Riverside State Park via Specialecreation Event permits. Special activities on the Trail within other jurisdictions will be coordinated by the COMMISSION, who will notify the parks administrative staff and the law enforcement department for the affected jurisdiction. 3. The COMMISSION may collect Special Activity Permit fees and may requi insurance binder with a minimum coverage of $1 million for parties 20 or more people, or a damage deposit or a bond. 4. en ial Trail Use, Approved Activities and Prohibited Activities shall tablished by the Coordinating Council subject to applicable laws and all be kept on record with the COMMISSION. 5. The Trail facility will be open to the public on existing COMMISSION posted hours. 6. Each agency is responsible for obtaining fire protection for their jurisdiction. Page 14 of 20 D- GENERAL MAINTENANCE STANDARDS 1. Each agency will be responsible for general maintenance in their respective areas of the Trail as set forth in "Section 4: Areas of Jurisdiction" of the Interagency Cooperative Agreement. 2. Corrective action necessary to protect the public will be taken as soon as possible following report of damage to the jurisd. tion responsible. Temporary emergency Trail closure will be i if necessary, until hazardous condition is corrected (i.e. fire, floo , washout, leaning trees). Signs showing appropriate detour routes shall be placed accordingly, and notification given to the Riverside State Park Manager's office. Permanent repair or replacement, where n9t possible due to weather or other circumstance, will be acc plished subject to the limitations set forth in "Section 2: Develop nt and Management" of the Interagency Cooperative Agreement. de 3. Subject to the limitations set forth in "fiction 2: Development and Management" of the Interagency Cooperative Agreement, each jurisdiction will be responsible for routine sphalt maintenance of the Trail as deemed necessary by the jurisdiction providing the maintenance. Routine maintenance shall include patching potholes, cutting out and/or patching large cracks or heaved pavement, sealing smaller cracks in asphalt with tar and trail shoulder repairs. Shoulder repairs include placing asphalt on trail edges where old asphalt is cracking and breaking away and placing gravel along the shoulders where erosion has occurred. Seal coating o the Trail shall be considered a capital repair. Maintenance Fund moneymay "e used for routine asphalt repairs with the mutual agreement of all parties if included within the 6 -year trail capital improvement plan as outlined in Exhibit 2 — Trail Maintenance Fund. 4. COMMISSION, SPOKANE, SPOKANE VALLEY and COUNTY will Nstrive to use tht same standardized amenities and replacement amenities, including but not limited to signs, benches, picnic tables, bollards, mile markers and bulletin boards as determined by the Coordinating Council. The Coordinating Council will develop and may periodically update a list of options for these standardized amenities. Each agency shall bear the cost of repair and replacement of amenities as necessary, subject to the limitations set forth in "Section 3: Development and Management" of the Interagency Cooperative Agreement. 5. No amenity, other than replacement of existing amenities, shall be placed along the Trail corridor without the approval of the jurisdiction responsible for maintenance of that particular stretch of trail corridor. Page 15 of 20 6. A comprehensive record of maintenance will be kept by Riverside State Park. SPOKANE, SPOKANE VALLEY and the COUNTY agree to provide a summary of maintenance performed on the trail for the calendar year by January 31St of the following year. E- SPECIFIC MAINTENANCE ITEMS Following is a listing of specific maintenance items wit omments as needed: 1. Amenities — interpretive and informational ' s, benches, picnic tables, bollards, water fountains, trash receptac arkers, hitching posts, rest stations and bulletin boards. 2. Bridges 3. Fencing 4. Guardrail 5. Handrail 6. Litter Control — litter and adjacent buffer area ar -� - pt ed to ensure that the trail 7. Mile Markers — both posts and large mile numbers painted on asphalt will be maintained. 8. Signs — an inventory of rep ! cement signs may be requested. 9. S w . Plowg — no snow plowing will be required on the Trail. Trail head pa ' lots lowed, depending upon user demand and resource avai ": ity by jurisdiction responsible. 10. Sweeping — entire Trail length will be swept or blown off as needed to ensure that the trail surface is safe for use by bicycles, skates, skate boards and other non -motorized trail uses. 11. =Trail heads including facilities, parking lot and entry road — inspected and cleaned as needed to ensure that these areas are clean and safe. 12. Vandalism — the parties shall notify local enforcement and strive to inform the Commission of incidents of vandalism. 13. Weed Control — in compliance with Spokane County Noxious Weed Control Board requirements, a control program along the Trail will be Page 16 of 20 developed and accomplished, the cost borne by the individual jurisdictions within parameters of the Interagency Cooperative Agreement. 14. Trail shoulders will be mowed or sterilized as needed and overhanging vegetation cut back for a minimum of two feet on each side of the trail. Vegetation will be cut back to maintain line -of -sight necessary for safety on curves. F- LAW ENFORCEMENT 1. Primary responsibility for law enforcement/patrol in the Trail corridor is as follows: in SPOKANE, with the Spokane City Police; in SPOKANE VALLEY, with the Spokane Valley Police; in the COUNTY, with the COUNTY Parks Ranger and/or the Spokane County Sheriff; and, within Riverside State Park, with the S to Parks Ringers. 2. The COMMISSION will assist within the city and County jurisdictions in normal park patrol and enforcement along the Trail. 3. Upon request of the COMMISSION, SPOKANE, SP KANE VALLEY or the COUNTY will respond as backup during an enforcement situation beyond park rule violatio 4. SPOKANE, SPOKANE VALLEY and th OUNTY will provide documentation of all law enfo1 cement activities related to the Trail on a yearly basis to the Riverside State Park office. 5. Law enforcement violations attributable to the Trail are specified through WAC (Washington Administrative Code), RCW (Revised Code of Washington) or SMC (Spokane Municipal Code) and include fines if convicted. Page 17 of 20 Management Plan Attachment "A" Maps Maps shall be developed cooperatively by the parties, periodically updated as needed due to municipal annexation, trail development/re-routes or other reasons, and kept on file with the Coordinating Council. Page 18 of 20 Exhibit 2 Trail Maintenance Fund A MAINTENANCE FUND FOR THE SPOKANE RIVER CENTENNIAL TRAIL SHALL BE CREATED. STATEMENT OF MUTUAL INTEREST AND BENEFIT WHEREAS, the Parties desire to work together to create a Trail Maintenance Fund in order to preserve the recreational values of the Centennial Trail and to bring additional recreation and economic value to the area; and WHEREAS, the Centennial Trail is a valued regional resp Coeur D'Alene, Idaho to Nine Mile Falls; and ce linking communities from WHEREAS, the Trail Maintenance Fund shall become a component of the Ini ency Cooperative Agreement to cooperatively manage and maintain the Trail; and WHEREAS, the Interagency Coo i . tive Agreement spells out the obligations of the parties related to routine maintenance and rcement; and WHEREAS, the Trail is over 20 years the Trail ages; and ntenancbligations are increasing as WHEREAS, the Trail is in need of capital . • airs to maintain current trail usage; NOW THEI1EFOE, in consideration of the mutual benefits to be derived, the Parties hereby agree to create a Trail Maintenance Fund for the Spokane River Centennial Trail to be jointly administered by the Parties for the maintenance of the Spokane River Centennial Trail. This fund is primarily intended to address preventative maintenance needs that Parties cannot cover as part of the routine maintenance specified in the Interagency Cooperative Agreement and to address capital rairs. I. PARTIES In addit o the Parties to the Interagency Cooperative Agreement, a representative of the Friends of Centennial Trail (FCT) shall be invited to participate in a non-voting capacity when the Parties meet to carry out the responsibilities of the Trail Maintenance Fund outlined herein. FCT is a non-profit corporation under the laws of the state of Washington, has pledged to contribute to the Trail Maintenance Fund as resources allow, and has consistently supported the construction and maintenance of the Trail. II. RESPONSIBILITIES OF ALL PARTIES All Parties to the Interagency Cooperative Agreement shall: 1) Meet not less than twice a year to coordinate the management, operation, and maintenance activities for the Trail. Page 19 of 20 2) Discuss upcoming anticipated expenses and maintenance needs. 3) Develop a six (6) year trail capital improvement plan for utilization of the Trail Maintenance Fund taking into account capital needs not covered under the terms of the Interagency Cooperative Agreement, Exhibit 1 - Management Plan. 4) Annually review, update and approve the six (6) year trail capital improvement plan. 5) Make an annual lump sum payment in the amount of $20,000 to the Trail Maintenance Fund by February 1st each year the Interagency Cooperative Agreement is in place, beginning in 2015. 6) All expenditures from the Trail Maintenance Fund shall be unanimously approved by the Parties prior to disbursement. This may occur through unanimous approval by the Parties of the annual review, update and approval of the six (6) year trail capital improvement plan or on a case-by-case basis. 7) Inspect the trail within their area of jurisdiction annually to determine maintenance needs in order to bring these issues to the semi-annual meetings for Rrioritization and/or funding. 8) Send a representative to each meeting with the authority it, vote on spending priorities. 1) Establish a Trail Maintenance Fund for the collection and disbursement of Mies III. SPOKANE COUNTY SHALL: contributed by the Parties as outlined herein in Section III, subsection 5. 2) Be responsible for bookkeeping a the Trail Maintenance Fund. 3) Prepare an Annual Report of the acc Maintenance Fund. he disbursement of funds approved by the parties from venues and expenditures of the Trail Page 20 of 20 Spokane River Centennial Trail Interagency Cooperative Agreement Washington State Parks and Recreation Commission • City of Spokane • Spokane County • City of Spokane Valley 2 Spokane Centennial Trail is comprised of 37 miles of natural beauty 3 Follows the historic Spokane River from Idaho state line to Nine Mile Falls, WA 4 trail is fully paved and designed for people of all ages & physical abilities 5 The trail is marked by sites of historic and archaeological interest 6 Walk or run, bike or in-line skate 7 Or simply enjoy nature... 8 Picnic on the river's edge, launch a canoe, or just sit & contemplate the rhythmic flow of the river mterpgencv Cooperative Agreemen 1979 -Spokane County Parks proposed a bicycle/pedestrian pathway 1984 -Spokane Valley Chamber of Commerce formed committee 1986 -Committee proposed 10.5 -mile recreational trail Named Centennial Trail to coincide with Washington State's 100'" birthday in 1989 10 Interagency Cooperative Agreement 1987 - Jones & Jones was selected to develop a master plan for trail It took a community to build the trail system c Fundraisers t Volunteers c Local Businesses 1991 - Friends of the Centennial Trail created 11 Interagency Cooperative Agreement With the cooperation of the entire community, roughly 30 miles of Class 1 trail were completed by 1992 The remaining seven miles consists of Class 2 and 3 trail to create a contiguous trail system Class 1 - non -motorized, paved or unpaved, physically separated from motorized vehicular traffic Class 2 - portion of a roadway designated by striping, signage and pavement markings for the preferential or exclusive use of bicyclists Class 3 - segment of road designated with directional & information markers but without striping, signage, etc. 12 Interagency Cooperative Agreement Trail is maintained via a cooperative agreement between: Washington State Parks & Recreation City of Spokane Spokane County o City of Spokane Valley Original agreement signed in 1992 was not signed by Spokane Valley - Not a City at the time 13 Interagency rooperativ Agre'n However, since 2003, Spokane Valley has been fulfilling the requirements of the maintenance agreement as if we were a signatory to the original agreement Approximately 6.5 miles within City Maintenance Requirements: Vegetation, Weed & Litter Control o Restroom Cleaning o Trail Sweeping/Parking Lot Snow Removal o Hardscapes/Asphalt Maintenance 14 Interagency Cooperative Agreement New, revised cooperative agreement now ready for adoption by four agencies New agreement updated to reflect: Maintenance Trends Costs Trail Conditions Agency Responsibilities 15 Interagency Cooperative Agreement Cooperative Agreement contains two exhibits: Exhibit 1 - Management Plan Exhibit 2 - Trail Maintenance Fund Trail Maintenance Fund is new to this agreement Addresses the continuing maintenance challenges as the trail ages 16 Interagency Cooperative Agreement Management Plan General Management Maintenance Standards o Specific Maintenance Items Law Enforcement Maps 17 Interagency Cooperative Agreement Trail Maintenance Fund o Identifies the Parties o Responsibilities of all Parties r Meet at least twice a year Develop a six (6) year trail capital improvement plan Annually review and update capital plan r Lump sum payment of $20,000 to Trail Fund Specifics as to how the Fund will be administered 18 Monroe Rd Rd oay-Mt spokene Areas of Responsibility for Trail Maintenance and Law Enforcement Under the Proposed Centennial Trail Interagency Cooperative Agreement Proposed Area of Responsibility Municipal Boundaries e' ,7„ Qb -ce 4'\ [xf�C,ty Farwell Rd m ..., - ... Hastings PC ilWasningtorr State Parks County Parks =CPI}, of Spokane Washington State Parks of Spokane Valley Lakes/Rivers � Spo kerne County x� Spokane County Boundary Man Produce May 20, Miles borne Rd 0 0 2 4 6 8 ,z, ,,,t cbr n ser „,e"`¢ � 6 Riverside - State Park , i r Co,oln Rd v2� ! a algelow Gu kh Xd r rands R Wellesley AY well¢sley nv 1Ming � ' owlo v SPOKANE A � d o IIIII Will '^IMILLw0 off a In 2 Trent R trails Rd 1/�—^iNanwclI n. „ V.ss;�r, nv '__ '�. LIBERTY �,ti)SPO 5) U—r—�5/`�—KI-enc Pv ,tea[ Lays K-A NSF �i=...�..LAKE un .16: Au r = MV A LITE?IMI 'ew.a n`rs'u ,st Re :aQPler5y_^erq= ilINO NM NM ii. sin e Av MIME ■ AIRWAY suns, ,,,5,,,,''■■'_-�n� HEIGHTS 'A1 I.1 Mcfd, lane nn la ^ v`� 'Ali 19 Key Component of our Region for Economic Development 20 Trail is a tremendous asset to the City of Spokane Valley 21 Questions?? DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of May 15, 2014; 10:00 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings Mav 27, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. First Reading Proposed Ordinance 14-005 Comp Plan Amendments — Lori Barlow 3. First Reading Proposed Ordinance 14-006 Comp Plan Map — Lori Barlow 4. Motion Consideration: Bid Award Appleway Resurfacing — Eric Guth [due Mon, May 19] (5 minutes) (-45 minutes) (10 minutes) (10 minutes) 5. Motion Consideration: 2015-2020 Stormwater Capital Improvement Plan Approval — E.Guth (10 minutes) 6. Admin Report: Spokane Conservation District — Walt Edelen, Garth Davis 7. Admin Report: Advance Agenda 8. Info Only: (a) Browns Park Master Plan; (b) Dept Monthly Reports June 3, 2014, Study Session Format, 6:00 p.m. 1. Browns Park Master Plan — Mike Stone 2. Advance Agenda (15 minutes) (5 minutes) [*estimated meeting: 100 minutes] June 10, 2014, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: Amended 2014 TIP — Steve Worley 2. PUBLIC HEARING: Proposed 2015-2020 Six Year TIP — Steve Worley 3. Consent Agenda (claims, payroll, minutes) 4. Second Reading Proposed Ordinance, Comp Plan Amendments — Lori Barlow 5. Second Reading Proposed Ordinance, Comp Plan Map — Lori Barlow 6. Motion Consideration: Approval of Draft Centennial Trail Agreement — Mike Stone 7. Admin Report: Advance Agenda June 17, 2014: Budget Workshop, 8:30 a.m. to 3:30 p.m. Spokane Valley City Council Chambers No evening meeting June 17, 2014 [due Tues May 27] (20 minutes) (5 minutes) [due Mon, June 2] (10 minutes) (10 minutes) (5 minutes) (15 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 65 minutes] June 24, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Proposed Resolution Amending 2014 TIP — Steve Worley 3. Proposed Resolution Adopting 2015-2020 Six Year TIP — Steve Worley 4. Motion Consideration: Bid Award Sullivan Rd W Bridge Replacement — E.Guth 5. Motion Consideration: Bid Award Sprague Resurfacing, Vista to Herald — E.Guth 6. Motion Consideration: Bid Award 8th Ave Reconstruct; McKinnon to Fancher —Guth 7. Motion Consideration: Browns Park Master Plan — Mike Stone 8. Admin Report: Advance Agenda 9. Info Only: Department Monthly Reports July 1, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda Draft Advance Agenda 5/16/2014 8:06:49 AM [due Mon, June 9] [due Mon, June 16] (5 minutes) (10 minutes) (15 minutes) (10 minutes) (10 minutes) (10 minutes) (15 minutes) (5 minutes) [*estimated meeting: 80 minutes] [due Mon, June 23] (5 minutes) [*estimated meeting: minutes] Page 1 of 4 July 8, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Marijuana Regulations — Erik Lamb 3. Admin Report: Advance Agenda July 15, 2014, Study Session Format, 6:00 p.m. . Advance Agenda [*estimated [*estimated July 22, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. First Reading Proposed Ordinance, Marijuana Regulations — Erik Lamb 3. Motion Consideration: Bid Award Appleway Trail, University to Pines — E. Guth 4. Motion Consideration: Bid Award Mansfield Ave Connection — E. Guth 5. Admin Report: Advance Agenda 6. Info Only: Department Monthly Reports July 29, 2014 no meeting August 5, 2014 No Meeting - National Night Out [*estimated August 12, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Proposed Ordinance, Marijuana Regulations — Erik Lamb 3. Motion Consideration: Bid Award, Argonne Corridor Upgrade — Eric Guth 4. Admin Report: Estimated Revenues and Expenditures 2015 budget — Mark Calhoun 5. Admin Report: Advance Agenda August 19, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda [due Mon, June 30] (5 minutes) (20 minutes) (5 minutes) meeting: minutes] [due Mon, July 7] (5 minutes) meeting: minutes] [due Mon, July 14] (5 minutes) (15 minutes) (10 minutes) (10 minutes) (5 minutes) meeting: 45 minutes] [due Mon, Aug 4] (5 minutes) (15 minutes) (10 minutes) (15 minutes) (5 minutes) [*estimated meeting: 50 minutes] [due Mon, Aug 11] (5 minutes) [*estimated meeting: minutes] August 26, 2014, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: Proposed 2015 Budget — Mark Calhoun 2. Consent Agenda (claims, payroll, minutes, motion to set 9/23 Budget hearing) 3. Admin Report: Advance Agenda 4. Info Only: Department Monthly Reports [due Mon, Aug 18] (15 minutes) (5 minutes) (5 minutes) [*estimated meeting: 25 minutes] September 2, 2014, Study Session Format, 6:00 p.m. [due Mon, Aug 25 1. Outside Agencies Presentations [5 min each]: (a) Economic Development, (b) Social Service) (— 90 min) 2. Admin report on proposed ordinance adopting 2015 property taxes (20 minutes) 3. Advance Agenda (5 minutes) [*estimated meeting: 115 minutes] September 9, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Community Development Block Grant Proposed Projects — Scott Kuhta 3. Admin Report: City Manager presentation of 2015 Preliminary Budget 4. Admin Report: Advance Agenda Draft Advance Agenda 5/16/2014 8:06:49 AM [due Tues, Sept 2] (5 minutes) (20 minutes) (30 minutes) (5 minutes) [*estimated meeting: 60 minutes] Page 2 of 4 September 16, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda [due Mon, Sept 8] (5 minutes) [*estimated meeting: minutes] September 23, 2014, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: CDBG Proposed Projects — Scott Kuhta 2. PUBLIC HEARING: Proposed 2015 Budget — Mark Calhoun 3. Consent Agenda (claims, payroll, minutes) 4. First Reading Proposed Property Tax Ordinance — Mark Calhoun 5. Motion Consideration: CDBG Proposed Projects — Scott Kuhta 6. Motion Consideration: Outside Agency Allocations for 2015 — Mark Calhoun 7. Admin Report: Proposed 2014 Budget Amendment — Mark Calhoun 8. Admin Report: Advance Agenda 9. Info Only: Department Monthly Reports September 30, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda October 7, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda [*estimated [due Mon, Sept 15] (15 minutes) (15 minutes) (5 minutes) (10 minutes) (10 minutes) (15 minutes) (20 minutes) (5 minutes) meeting: 95 minutes] [due Mon, Sept 22] (5 minutes) [*estimated meeting: minutes] [due Mon, Sept 29] (5 minutes) [*estimated meeting: minutes] October 14, 2014, Formal Meeting Format, 6:00 p.m. 2. PUBLIC HEARING: Proposed 2014 Budget Amendment — Mark Calhoun 3. Consent Agenda (claims, payroll, minutes) 4. Second Reading Proposed Property Tax Ordinance — Mark Calhoun 5. First Reading Proposed 2014 Budget Amendment — Mark Calhoun 6. First Reading Proposed 2015 Budget Ordinance — Mark Calhoun 8. Admin Report: Advance Agenda October 21, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda October 28, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Proposed 2014 Budget Amendment — Mark Calhoun 3. Second Reading Proposed 2015 Budget Ordinance — Mark Calhoun 4. Admin Report: Lodging Tax Advisory Committee Recommendations 5. Admin Report: Advance Agenda 6. Info Only: Department Monthly Reports November 4, 2014, Study Session Format, 6:00 p.m. 1. Admin Report: 2015 Fee Resolution —Mark Calhoun 2. Advance Agenda Draft Advance Agenda 5/16/2014 8:06:49 AM [due Mon, Oct 6] (15 minutes) (5 minutes) (10 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 80 minutes] [due Mon, Oct 13] (5 minutes) [*estimated meeting: minutes] [due Mon, Oct 20] (5 minutes) (10 minutes) (10 minutes) —M.Calhoun (15 minutes) (5 minutes) [*estimated meeting: 45 minutes] [due Mon, Oct 27] (15 minutes) (5 minutes) [*estimated meeting: 20 minutes] Page 3 of 4 November 11, 2014 — no meeting — Veteran's Day November 18, 2014, Formal meeting 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Proposed Resolution Amending Fee Resolution for 2015 — Mark Calhoun 3. Advance Agenda November 25, 2014 — no meeting — Thanksgiving week December 2, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda December 9, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Motion Consideration: Lodging Tax Allocations for 2015 3. Admin Report: Advance Agenda December 16, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda December 23, 2014 no meeting December 30, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda 2. Info Only: Department Monthly Reports OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan Coal/Oil Train Environmental Impact Statement Economic Incentives Fire and Life Safety Code Historic Preservation Interim Marijuana Regs [expires Aug 11, 2014] Noxious Weed Board SEPA/NEPA Process — Eric Guth Stormwater Swales, care of Street Vacation/Connectivity Process Tourism Promotion Agency (TPA) Urban Agriculture (animals, bees, etc.) *time for public or Council comments not included Draft Advance Agenda 5/16/2014 8:06:49 AM [due Mon, Nov 10] (5 minutes) (15 minutes) (5 minutes) [*estimated meeting: 25 minutes] [due Mon, Nov 24] (5 minutes) [*estimated meeting: minutes] [due Mon, Dec 1] (5 minutes) (20 minutes) (5 minutes) [*estimated meeting: 30 minutes] [due Mon, Dec 8] (5 minutes) [*estimated meeting: minutes] [due Mon, Dec 22] [*estimated meeting: minutes] Page 4 of 4 Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action May 20, 2014 Department Director Approval: Check all that apply: ['consent ❑ old business ['new business ['public hearing ® information ❑ admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Information only - commercial vehicles parking in residential areas. GOVERNING LEGISLATION: SVMC 9.05.010; WAC 308-330-462; RCW 46.61.570; RCW 46.44.080. PREVIOUS COUNCIL ACTION TAKEN: May 29, 2012 City Council meeting, Council received an administrative report on potentially restricting semi -truck parking in residential zones; June 26, 2012, received a follow up administrative report from the perspective of the professional trucking community; September 4, 2012 administrative report; October 23, 2012 administrative report; November 13, 2012 first reading of Ordinance 12-029; December 11, 2012, second reading and adoption of Ordinance 12-029. BACKGROUND: Council has requested that staff provide information provided to Council in 2012 regarding regulating commercial trucks in residential areas. In response, the following documents were previously provided to the Council: 1. Request for Council Action — administrative report May 29, 2012; 2. Request for Council Action — administrative report June 26, 2012; 3. Request for Council Action — administrative report September 4, 2012; 4. Request for Council Action — administrative report October 23, 2012; 5. Request for Council Action — first reading November 13, 2012; 6. Request for Council Action — second reading December 11, 2012; 7. Ordinance 12-029 adopting SVMC 9.30; and 8. Resolution 12-013 adopting Master "No Trucks" and "Local Delivery Only" Schedule. OPTIONS: information only. RECOMMENDED ACTION OR MOTION: NA BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: See above. 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 29, 2012 Department Director Approval: J Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Parking Regulations for Trucks in Residential Areas GOVERNING LEGISLATION: SVMC 9.05.010; WAC 308-330-462; RCW 46.61.570 PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: Council has received information from citizens, including public testimony at formal Council meetings, that large commercial vehicles (such as semitrucks) are being parked in residential areas of the City and that this is causing several difficulties for the residents in those areas. The reported concerns include noise from continuous idling (particularly during the winter months and in the early morning hours), obstruction of traffic, and aesthetics. At Council's request, staff provides the following information regarding (1) the City's current ordinances and whether they cover these concerns, and (2) what other municipalities have done to address the issues presented by the parking of commercial vehicles in residential areas. Attached hereto are photographs of semitrucks that have been parked in residential areas within the City. The City's parking regulations are set forth in the Washington Model Traffic Ordinance (WMTO), which the City adopted in SVMC 9.05.010. The WMTO parking restrictions do not prevent persons from parking semitrucks and/or semitrailers on residential streets. Likewise, there are no State laws preventing the parking of such vehicles in residential areas. The City does have authority to adopt such parking regulations by ordinance. RCW 46.61.570(2); WAC 308-330- 462; and SVMC 9.05.010. While there is no specific prohibition against parking semitrucks on residential streets inside the City, there are two limited circumstances in which law enforcement may be able to impound or take custody of an unattended vehicle parked in a vehicular public right of way. The first is when a vehicle is an accident or traffic hazard — such as when an unattended vehicle constitutes an obstruction to traffic or jeopardizes public safety. RCW 46.55.113(a)(i); 46.55.010(14). The second mechanism allows law enforcement to take custody of any vehicle parked along a public street 24 hours after it is tagged in accordance with the tagging procedures of RCW 46.55.085. These remedies only provide law enforcement with the ability to physically remove vehicles, and only in limited circumstances which, depending on the individual circumstances, may or may not apply to any particular situation in which a semitruck is parked in a residential area. To more effectively regulate the parking in these situations, multiple jurisdictions have adopted ordinances preventing the parking of semitrucks and other large vehicles in residential areas. Examples of these ordinances are summarized below: Page 1 of 4 Spokane Prohibits the "habitual parking of any auto stage, farm vehicle, for -hire vehicle, limousine, motor home, motor truck, private carrier bus, road tractor, semitrailer, trailer, park trailer, travel trailer, tractor, truck, truck tractor, boat, or any other commercial vehicle" on any street in or bordering a residential zone. Spokane Municipal Code 16A.61.562, a copy of which is attached to this RCA. Liberty Lake Prohibits parking of "commercial vehicles over 10,000 pounds licensed gross vehicle weight, the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, vehicles, passengers for hire, or which are used primarily in construction or farming, including but not limited to bulldozers, backhoes, tractors and cranes" between 12:01 a.m. and 6:00 a.m. on any street or highway in an area zoned residential. Bellevue Permits parking or storage of RVs, watercraft, and utility trailers in residential zones so long as they are under 40 feet long and satisfy one of the following: 1) in a vented garage; 2) in a carport sight -screened from abutting properties; 3) in a side or rear yard if sight -screened from abutting properties and in compliance with setback requirements for accessory structures. The ordinance provides an exception to the rule for a qualified disabled person with an RV and for loading and unloading activities that are completed within three days. Defines RV as "[ajny wheeled, motorized vehicle manufactured, converted or altered to provide self-contained temporary living quarters for recreational, camping or travel uses, and which does not exceed 40 feet in length. Any vehicle manufactured, converted, or altered which has integral wheels for towing or can be mounted on a motorized vehicle to provide self-contained, temporary living quarters for recreational, camping or travel uses." Burlington Prohibits recreational or commercial vehicles on the city streets or sidewalks in residential zones, but allows them to be parked in a garage or private driveway. Permits two consecutive days or two days in a seven-day period to load and unload (loading and unloading must be 15 minutes or under) on the street abutting the owner's property if it is done so in preparation for or ending a departure. Defines RVs as "all travel trailers, tent trailers, boats, boat trailers, utility trailers, snowmobile trailers or any similar vehicle. The term shall also include any "motor home" or "camper" as such terms are defined in RCW 82.50.010." Defines commercial vehicles as either: 1) vehicle or trailer over 20 feet long; or 2) vehicle over 10,000 pounds gross vehicle weight and that are used commercially. Clark County Prohibits trailers and trucks with a gross weight capacity over 10,001 pounds, from being parked on any street of any residential area of the county. Allows time for reasonable loading and unloading, no set time limit. Des Moines Commercial vehicles over 10,000 pounds in gross weight and exceeding 20 feet in length and 7.5 feet in width are prohibited in residential areas except on a temporary basis not exceeding six hours so long as sight is not obstructed. RVs and utility vehicles allowed in residential areas only when: 1) they do not intrude into public rights-of-way or obstruct sight visibility from adjacent driveways; 2) if at all possible, they cannot be parked in the front building setback; 3) they must be clean and well -kept to not detract from appearance of surrounding area; 4) they cannot be occupied as a dwelling unit. RVs and utility vehicles defined as travel trailers, folding tent trailers, motor homes, truck campers, horse trailers, boat trailers, or utility trailers. Page 2 of 4 Edmonds Prohibits the parking or storing of commercial vehicles over 10,000 pounds in residential areas unless a conditional use permit has been obtained. Allows for loading and unloading, no set time limit. Commercial vehicle is defined as any motor vehicle, the principal use of which is the transportation of commodities, merchandise, produce, freight, vehicles, animals, passengers for hire, or which is used primarily in construction or farming, including but not limited to bulldozers, backhoes, tractors and cranes. Federal Way A maximum of one commercial vehicle may be parked on a lot in a single-family residential zoned lot regardless of weight. Provides exceptions for construction, loading and unloading (for a maximum of 48 hours), and for limited time periods. If the commercial vehicle is over 80 inches wide there are time limitations on how long it may be parked on a lot. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots unless it falls into a listed exception. Commercial vehicles, boats, and RVs may not be used for residential purposes for more than 14 -days in a 180 -day period. Issaquah RVs, commercial and utility vehicles and boats must be licensed, clean, well -kept. Commercial vehicles may only be parked in residential areas if for temporary pick up, delivery, or moving regardless of weight or size. "Commercial vehicles" are defined as a vehicle of size and weight that is not typically found in a residential area. Travel trailers, campers, or motor homes may only be parked in residential areas or kept in a side or rear yard. With the exception of driveways, carports, and garages: trucks, RVs, and motorcycles shall not be permitted in front or street side yards of a residential use property. Lake Forest Park Prohibits a truck or trailer or any type of construction equipment to be parked on any public right-of-way in any residential zone unless in connection with a project, and only during daylight hours. Does not apply to RVs, trailers, and pickup trucks. North Bend No parked trucks, truck tractors, or semitrailers, over 80 inches wide, permitted on streets in multifamily residential zones, except for construction projects, and loading or unloading. (Trucks in Multi -family Zones, Time Limits for Large Commercial Vehicles) Redmond Parking commercial vehicles over 10,000 pounds in residential areas is prohibited. Recreational and utility vehicles must be located, in order of priority: 1) a vented garage or carport; 2) a side or rear yard; 3) a front yard on a driveway; 4) other locations determined by the Code Administrator to be less intrusive. Exemptions for pickup or light trucks 10,000 pounds gross weight or less. The vehicles may be parked in residentially zoned areas provided the listed conditions in the ordinance are met. Renton Prohibits parking of any vehicle over 12,000 pounds gross vehicle weight on any public right of way in which all of the adjacent structures occupied as residential dwellings. "Adjacent structures" means the same side of the right of way as the parking area and within the same block. Prohibits commercial vehicles from parking at all during the hours of 12:00 a.m. and 3:00 a.m. on a public right of way. No person shall park a commercial vehicle upon a public right -of - Page 3 of 4 way within 500 feet of a residential dwelling between 9:00 p.m. and 6:00 a.m. for more than ten consecutive minutes within any two hour period. Exceptions include deliveries from commercial vehicles, privately owned recreational vehicles and boats, utility trucks owned by a public or quasi -public agency responding to emergencies. Violation is a nuisance and vehicle is impounded. Tacoma Prohibits parking a commercial vehicle over 12,000 pounds on residential property or any public street in a residential district for a period in excess of one hour unless engaged in loading and unloading. Unlawful to park more than two vehicles of 12,000 pounds or less which are used for commercial purposes. Prohibits parking a trailer, boat trailer, or RV on a public street for a period of longer than seven -days. RVs may be used for human habitation for up to 14 -days per calendar year so long as a proper permit has been attained. If Council would like staff to develop an ordinance similar to the above, staff will seek Council direction on the parameters of the ordinance, such as which vehicles to include in the regulation, the scope of the prohibited conduct, and the penalty for violations. OPTIONS: (A) No action, or (B) direct staff to draft an ordinance in accordance with parameters identified by Council. RECOMMENDED ACTION OR MOTION: It is within the discretion and authority of Council to adopt an ordinance prohibiting the parking of commercial vehicles in residential areas. BUDGETIFINANCIAL IMPACTS: None. STAFF CONTACT: Kelly E. Konkright, Deputy City Attorney ATTACHMENTS: Spokane Municipal Code 16A.61.562 Photographs Page 4 of 4 Spokane Municipal Code Page 1 of 1 Spokane Municipal Code Tuesday, April 17, 2012 - 9:58 AM Print l Close Window Font Size: Increase 1 Decrease Tide 16A Motor Vehicles Chapter 16A.61 Rules of the Roars Section 16A.61,562 Parking Non -passenger Vehicles in Residence Zones No street right-of-way In an "R" zone of the City of Spokane, or a'dhIch Is the boundary of any "R" zone, shall be used for the habitual parking of any auto stage, farm vehicle, For -hire vehicle, limousine, motor home, motor truck, private carrier bus, road tractor, semitrailer, traller, park trailer, travel trailer, tractor, truck, truck tractor, boat, or any other commercial vehicle. This section does not prohibit on -street parking of a passenger vehicle, motorcycle, or motor -driven cycle. Date Passed: Monday, November 10, 2008 ORD C341333 Section 5 http://www. spokanecity.org/services/docutnents/smc/print/default.aspx 4/17/2012 - 11 Th .4%,..,rerue and Cc....lerran Road • - • • .• .7, • • • - - ' - • - • CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 2012 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Parking Regulations for Trucks in Residential Areas GOVERNING LEGISLATION: SVMC 9.05.010; WAC 308-330-462; RCW 46.61.570 PREVIOUS COUNCIL ACTION TAKEN: Council received an administrative report at the May 29, 2012, City Council meeting. BACKGROUND: On May 29, 2012, staff provided information to Council regarding how other jurisdictions have regulated the parking of semitrucks (i.e. tractor trailers) in residential areas. Council requested the report because Council had received information from citizens, including public testimony at formal Council meetings, that large commercial vehicles (such as semitrucks) are being parked in residential areas of the City and that this is causing several difficulties for the residents in those areas. The reported concerns include noise from continuous idling (particularly during the winter months and in the early morning hours), obstruction of traffic, and aesthetics. At the May 29th Council meeting, Council requested staff to gather information from the truck industry on how enacting an ordinance prohibiting parking in residential zones would impact the individual truck drivers. Staff contacted numerous local truck drivers who park their long haul semitrucks and trailers outside their homes inside the City's residential neighborhoods. Staff also spoke with the president of the Washington Truckers Association. Below is the summary of the information received: • The persons who most often park their semitrucks outside their homes are independent truck ownerloperators. These individuals own their own trucks and work for other companies to transport merchandise around the country. Independent owner/operators generally must either park at their house or at a local truck stop. • The primary concern of the drivers is security of their vehicles. One independent owner/operator stated his truck and trailer cost him $175,000, and his cargo can be worth in excess of $400,000. Plus, many of his personal belongings are in his truck because he lives out of his truck most days as a long haul driver. It was stated that long haul trucks are targeted for theft -- including at truck stops — because many people recognize that trucks contain valuable cargo and personal belongings. It is not uncommon for trucks to be stolen when a driver has to park it in a non-residential area. • Vandalism is also a concern. It was stated that this occurs more often when the trucks are left unattended outside residential areas. • A secondary concern of the drivers was inconvenience and increased cost. Many truck stops charge for overnight stays, and most do not allow drivers to Just leave their trucks for two or three days at a time. Drivers would have to find alternative places to park, which tend to not be secure and render the vehicles more vulnerable to theft and vandalism. • All drivers I spoke with stated that responsible drivers do not idle their vehicles at night or during the day. All stated that idling is not necessary, even during the winter, because all trucks have electric engine block heaters that can be plugged in and which ensure the truck can be started in cold weather. • All drivers I spoke with stated that people should not be allowed to run "reefers" in residential neighborhoods because they are too loud. "Reefers" are cooling units on refrigerator trailers. • Most drivers agreed that a ban on running a generator on a truck in a residential neighborhood would be reasonable, particularly if the ban was limited to evening and early morning hours. • All drivers I spoke with stated that responsible drivers are courteous and do not park their semitrucks at street corners so as to obstruct clear view triangles. • Drivers stated that they would not be opposed to an anti -idling ordinance which prevented persons from idling their semitrucks and/or running reefers and generators in residential neighborhoods, but believe that adopting a parking ban is overbroad. As reported on May 29th, the City does not currently have a Code provision that prevents persons from parking semitrucks in residential zones. Likewise, there are no State laws preventing the parking of such vehicles in residential areas. However, the City does have authority to adopt such parking regulations by ordinance. RCW 46.61.570(2); WAC 308-330- 462; and SVMC 9.05.010. A number of other jurisdictions have enacted ordinances that prevent the parking of semitrucks and other large vehicles in residential areas. Examples of these ordinances are included in the May 29, 2012 RCA attached hereto. OPTIONS: (A) No action, or (B) direct staff to draft an ordinance in accordance with parameters identified by Council. RECOMMENDED ACTION OR MOTION: It is within the discretion and authority of Council to adopt an ordinance prohibiting the parking of commercial vehicles in residential areas. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Kelly E. Konkright, Deputy City Attorney ATTACHMENTS: May 29, 2012 RCA Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action September 4, 2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information12 admin. report El pending legislation ❑ executive session AGENDA ITEM TITLE: Regulation of Certain Commercial Vehicles in Residential Zones GOVERNING LEGISLATION: SVMC 9.05.010; WAC 308-330-462; RCW 46.61.570; RCW 46.44.080. PREVIOUS COUNCIL ACTION TAKEN: At the May 29, 2012 City Council meeting, Council received an adm inistrative report on potentially restricting semi -truck parking in residential zones and at the June 26, 2012 Council meeting, received a follow up administrative report from the perspective of the professional trucking community. BACKGROUND: Truck parkinq and use of refrigeration units in residential neighborhoods - On May 29, 2012, staff provided information to Council regarding how other jurisdictions have regulated the parking of semi -trucks (i.e. tractor trailers) in residential areas. C ouncil requested the report because Council had received information from citizens, including public testimony at formal Council meetings, that large commercial vehicles (such as semi -trucks) are being parked in residential areas of the City and that this Is causing several difficulties for the residents in those areas. The reported concerns include noise from continuous idling (particularly during the winter months and in the early morning hours) and operation of refrigeration units, obstruction of traffic, and aesthetics. On June 26, 2012, staff provided information to Council from the perspective of the professional trucking community on the necessity and potential impact of regulating semi -trucks in residential zones. T he trucking representatives reported that independent owner/operators are the Individuals most likely to park semi -trucks at or near their homes in residential zones. The primary reasons are the security of their truck and cargo, as well as saving the costs associated with parking at truck stops or private parking lots. With respect to the potential regulation of the noise caused by the idling of the trucks or the operation of attached refrigeration units, the truckers expressed the following opinions: • All interviewees felt responsible drivers do not idle their vehicles at night or during the day. All stated that idling is not necessary, even during the winter, because all trucks have electric engine block heaters that can be plugged in, which ensures the truck can be started in cold weather. e All interviewees believed individuals should not be allowed to run "reefers" in residential neighborhoods because reefers are too loud. "Reefers" are cooling units on refrigerator trailers. • Most interviewees agreed that a ban on running a generator on a truck in a residential neighborhood would be reasonable, particularly if the ban was limited to evening and early morning hours. 1 • All interviewees stated that responsible drivers are courteous and do not park their semi - trucks at street corners so as to obstruct clear view triangles. • Interviewees stated that they would not be o pposed to an ant i -idling ordinance to prevent persons from idling their semi -trucks and/or running reefers and generators in residential neighborhoods, but believe that adopting a parking ban is overbroad. As reported at the May 29, 2012 meeting, the City does not currently have a C ode provision preventing persons from parking semi -trucks in residential zones. Likewise, there are no State laws preventing the parking of such vehicles in residential areas. However, the City does have authority to adopt such parking regulations by Code (RCW 46.61.570(2); WAC 308-330-462; and SVMC 9.05.010). Similarly, the City has the authority to amend the provisions of SVMC 8.25.060, the City's noise provisions, to restrict the idling of semi -trucks, the operation of such trucks and/or mounted refrigeration units in residential areas, or to adopt a new Code chapter regulating various activities of semi -trucks and other commercial vehicles in residential zones. A number of other jurisdictions have enacted code provisions that prevent the parking of semi - trucks and other Targe vehicles in residential areas. Examples of those provisions were included in the May 29, 2012, RCA (Request for Council Action form). Since the June 26, 2012, report on the issue, additional questions were raised concerning the appropriateness of restricting the operation of semi -truck travel to arterial streets, except for the purpose of local deliveries and/or overnight parking at the operator's residence. Large truck impacts -- weight - Potential reasons for regulating semi -truck travel to arterial streets include citizen safety and the potential of heavy Toads to degrade the asphalt surfaces of residential streets, which are not designed for repeated use by heavy vehicles. Although semi - trucks are large, heavy vehicles, they typically have enough axels to distribute the weight such that weight should not be considered a primary reason for restriction. Large truck impacts — safety - Of more concern is that when a semi -truck is traveling down a residential street, vehicles traveling in the opposite direction may have difficulty passing. This is particularly so if there are other vehicles parked along the roadway, further restricting the width of the lanes of travel. Additionally, many residential streets end up as de facto play areas for children for bicycling, skateboarding, basketball, as well as jogging routes for citizens. Any collision between a heavy vehicle and a pedes trian or cyclist would likely be a very serious event. Large truck impacts — congestion - A question was raised as to whether restricting commercial truck traffic to arterials and generally away from residential streets would result in increased congestion at arterial intersections. Inga Note, the City's Senior Traffic Engineer, does not anticipate any noticeable impact if such restrictions were put in place. As such, the Council could consider doing so. If Council does not choose to adopt an ordinance generally prohibiting/limiting commercial truck traffic in specified areas, Council could adopt an ordinance providing authority to enforce the existing "posted no trucks" signs which pre -dated the existence of the City. See attached map. Large truck impacts — enforcement options - Using the authority of WAC 308-330-265(17) and/or RCW 46.44.080, a number of Washington jurisdictions have opted to restrict the operation of Targe vehicles, as generally defined by gross vehicle weight. All jurisdictions imposing such restrictions have exceptions when such vehicles may travel on residential streets for the purposes of a delivery or pickup, for public transit conveyances, and for emergency vehicles. Summaries of code provisions enacted by other jurisdictions are as follows: Seattle: "No person shall operate a v ehicle except authorized buses or stages exceeding ten thousand pounds (10,000) gross weight on any street that is not designated an arterial 2 street; provided, that this section shall not prohibit necessary local operations on s uch nonarterial streets for the purpose of reaching the vehicle's destination or for a pickup or delivery." Federal Way: Subject to the limitations of RCW 46.44.080 local authority over state highways, Federal Way allows its public works director to: (a) Prohibit the operation thereon of trucks or other vehicles; (b) Impose limits as to weights; (c) Determine haul routes for local trips; and (d) Impose any other restrictions as may be deemed necessary, in the judgment of the public works director, which restriction may be i mposed on s chool buses, public transit, and emergency vehicles, except under emergency response conditions, in addition to trucks and other vehicles. Once the public works director has imposed a r estriction, appropriate signage must be posted. Further, the Code defines truck routes for vehicles over 30,000 pounds GVW and requires any carrier using vehicles over that weight making and engaged in a defined amount of local delivery per month, to apply for a special permit. Algona Algona's Code makes it unlawful, without a valid permit, to operate any vehicle on a street or alley of the city with a licensed gross vehicle weight in excess of 14,000 pounds. Further, it defines specific truck routes for overload trucks where permits are not required. It also creates exemptions for: (a) All vehicles owned and operated by governmental agencies; (b) Emergency vehicles and solid waste disposal vehicles; (c) Vehicles transporting perishable goods or commodities to locations within the city for local delivery; (d) Recreational vehicles including motor homes, campers, and travel trailers; and (e) Tractors of combination vehicles belonging to or operated by persons permanently residing within the city limits and used for commuting to work places located outside of the city limits. Bellevue: Provides that, "No person shall operate a vehicle or combination of vehicles and trailers exceeding 10,000 pounds gross licensed weight, except authorized buses and solid waste disposal vehicles, on a ny street that is not designated by the city as an ar terial street; provided, that this section does not prohibit operation of such vehicles on other than arterial streets when necessary to travel to or from destinations within the city, or to or from destinations within one-half mile of the city limits of the city of Bellevue." Spokane: Provides that, "Excluding authorized buses, emergency vehicles, public utility vehicles, and solid waste disposal vehicles, no person may operate a vehicle exceeding ten thousand pounds gross weight on any street that is: (A) not designated an ar terial street or neighborhood collector arterial, or (B) specifically prohibited by resolution of the city council; except for such local operations on other streets as is necessary to reach the vehicle's destination or for pickup or delivery." Spokane also designates certain streets as truck routes. OPTIONS: (A) No action, or (B) request staff to draft one or more ordinances to restrict: (i) operation of vehicles over a s pecified gross vehicle weight; (ii) parking of vehicles over a specified gross vehicle weight or length; (iii) restricting noise from the idling of such vehicles; (iv) operating refrigeration units attached to the defined vehicles, in residential zones; and/or (v) enforcing the existing "posted no trucks" signs which pre -dated the City. 3 RECOMMENDED ACTION OR MOTION: Direction through consensus from the City Council on which option, if any, the Council would like to pursue. BUDGET/FINANCIAL IMPACTS: None anticipated, unless Council chooses to adopt Code provisions with permits similar to Algona or Federal Way. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Map showing existing "posted no trucks" signs posted by Spokane County 4 POSTED NO TRUCKS deppl. Ll 161.1. SI L � � 1w.L E � n 1 hr,Ll 1 9 1 ei Com. Rn 1 i r Lr rc e, e e.L e * hf. re - CI V 9p LEGEND ND TRUCK ZDHE - 1-90 EXIT TIMBER err R. Mels By.*_. Dots eesgned B. _ Oote nna my SCALE tiOVIZO4TAL_ • tats VERTICAL R� City of Spokane Volley Deportment of Pub!k Works 11737 C. Sprague Ave. SMe 146 SPUME VALLEY, WA. 99265 (304) 021-1000 St,'°TlllG SPOKANE VALLEY PROJECT Rs. - City of Spokane Valley R0STE0 NO TRUCKS.. SHEET 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 2012 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: El ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Regulation of Commercial Vehicles GOVERNING LEGISLATION: SVMC 9.05.010; WAC 308-330-462; RCW 46.61.570; RCW 46.44.080. PREVIOUS COUNCIL ACTION TAKEN: At the May 29, 2012 City Council meeting, Council received an administrative report on potentially restricting semi -truck parking in residential zones, and at the June 26, 2012 Council meeting, received a follow up administrative report from the perspective of the professional trucking community; September 4, 2012 administrative report. BACKGROUND: At the direction of Council, staff has been working on providing potential code options for regulating commercial truck traffic in residential neighborhoods. Additionally, staff has attempted to aggregate regulations regarding similar topics into one place, a new chapter of the City Code. OPTIONS: (a) No action; (b) request staff make additional changes to the draft Code provisions; and/or (c) place on future agenda for a first reading. RECOMMENDED ACTION OR MOTION: Direction through consensus from the City Council on which option, if any, the Council would like to pursue. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: (1) Draft proposed code section relating to truck traffic issues (2) Map showing existing "posted no trucks" signs posted by Spokane County Chapter 9.30 COMMERCIAL VEHICLE REGULATIONS Sections: 9.30.010 Purpose and authority. 9.30.020 Definitions. 9.30.030 "No Trucks` or "Local Delivery Only" Signs. 9.30.040 Liability of Owner for Violations. 9.30.050 Excessive noise from vehicle audio system prohibited. 9.30.060 Idling of commercial vehicles limited in residential areas. 9.30.070 Operating refrigeration units on certain vehicles limited in residential areas. 9.30.080 Violations — Penalty. 9.30.090 Severability. 9.30.010 Purpose and authority. The purpose of this chapter is to regulate the kinds and classes of traffic, parking, and vehicular noise on certain streets within the City. This regulation is undertaken in order to promote the efficient movement of vehicles and conduct of commerce, while preserving the integrity of residential zones. The provisions of this chapter are adopted under the authority granted by RCW 46.44.080 and SVMC 9.05.040, and are to promote the health, safety and welfare of the citizens of the City. 9.30.020 Definitions. Terms used within this chapter are defined as follows: A. "Commercial Vehicle" means that term as defined in RCW 46.04.140, as now or hereafter amended. B. "Local Delivery" means providing local or neighborhood deliveries or services to points upon such streets or roads. C. `Residential area" means the following zoning districts, as delineated on the official zoning map of the City: R-1 Single -Family Residential Estate District. R-2 Single -Family Residential Suburban District. R-3 Single -Family Residential District. R-4 Single -Family Residential Urban District. MF -1 Multifamily Medium Density Residential District. MF -2 Multifamily High Density Residential District. Page 1 of 3 D. "Residential Street" means any street or alleyway within the City which is not designated on the City's arterial road map. E. "Trailer" means that term as defined in RCW 46.04.620, as now adopted or hereafter amended. F. "Vehicle" means that term as defined in RCW 46.04.670, as now adopted or hereafter amended. 9.30.030 "No Trucks" or "Local Delivery Only" signs. A. Any street upon which a "No Trucks" sign is posted shall be permanently closed to all commercial vehicle travel having a gross licensed weight of 10,000 pounds or more. B. Any street upon which a "Local Delivery Only" sign is posted shall be permanently closed to all commercial vehicle travel having a gross licensed weight of 10,000 pounds or more, except for the purpose of providing local or neighborhood deliveries or services to points between the posted signs. C. The following vehicles are exempt from the provisions of SVMC 9.30.030: A. All vehicles owned, contracted, or operated by governmental agencies. B. Emergency vehicles and solid waste disposal vehicles. C. Electrical, water, telephone, and natural gas utility providers responding for installations, maintenance, or incident repairs. D. Vehicles actively used for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon a residential street, for which a building permit has previously been obtained. E. Trailers currently used at a specific location within a residential zone for the purpose of assisting or providing services such as construction, carpentry, plumbing, or landscaping to a residence or location upon a residential street, for which a building permit has previously been obtained. F. Recreational vehicles including motor homes, campers, and travel trailers. G. Vehicles belonging to, or operated by, persons permanently residing within the City limits, as evidenced by the owner's or operator's address on file with the Washington State Department of Licensing. To qualify for this exemption, the vehicle must be used for commuting to work at places located inside or outside of the City limits. H. Any commercial vehicle belonging to a business located between the posted Local Delivery Only signs. Page 2 of 3 9.30.040 Liability of owner for violations. If the person operating the commercial vehicle at the time a citation for violation of SVMC 9.30.030 is issued is not the owner of the vehicle, then the issuing officer may also issue a citation for the owner of the vehicle in addition to the operator pursuant to RCW 46.44.120, as adopted or amended. Further, the operator of the commercial vehicle is authorized to accept the citation and to execute the Promise to Appear on behalf of the owner of the vehicle. 9.30.050 Excessive noise from vehicle audio system prohibited. The sound from any motor vehicle audio system such as tape players, radio, and compact disc players at volumes so high as to be audible greater than 50 feet from the vehicle itself is prohibited. 9.30.060 Idling of commercial vehicles limited in residential areas. Between the hours of 10:00 p.m. of any day and 7:00 a.m. the next day, no person shall allow a commercial vehicle to idle in residentially -zoned areas more than 10 consecutive minutes, or more than 15 minutes total in any single calendar day. 9.30.070 Operating refrigeration units on certain vehicles limited in residential areas. Between the hours of 10:00 p.m. any day and 7:00 a.m. the next day, no person shall allow the operation of a refrigeration unit on a trailer in a residentially -zoned area. 9.30.080 Violations — Penalty. Any person violating or failing to comply with any provisions of this chapter shall be subject to a Class 1 civil infraction pursuant to Chapter 7.80 RCW. 9.30.090 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances, is not affected. Page 3 of 3 POSTED NO TRUCKS 11,1i lie. /1 13.'a5!'" _s4.t OS- .eu it r r 9 i ery �4 pa ear 1 e..t L eftont v AC LEGEND 60 TRUCK NNE 1 90 JIT Rltikl EP LTA o.0 cu Des'rincJ @A _ Doix SCALE FIGR+LONTAL• reser WERfk V:. i City of Spokona Vailay Deportment of PuItic Work$ 11707 E. 5prag.? Ave. Srute 108 SPOKANE VALLEY, WA. 91206 (5O9) 921-1000 Sbokan �'�Mi]lcy SPOKANE VALLEY PROJECT Ka - - City of Spokane Valley P041ED RO IRPCK S SHEET 1 of I Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action November 13, 2012 Department Director Approval: Ei Check all that apply: ❑ consent ❑ old business E new business ['public hearing ❑ information ❑ admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: First reading - Ordinance 12-029 adopting regulation of commercial vehicles GOVERNING LEGISLATION: SVMC 9.05.010; WAC 308-330-462; RCW 46.61.570; RCW 46.44.080. PREVIOUS COUNCIL ACTION TAKEN: At the May 29, 2012 City Council meeting, Council received an administrative report on potentially restricting semi -truck parking in residential zones, and at the June 26, 2012 Council meeting, received a follow up administrative report from the perspective of the professional trucking community; September 4, 2012 administrative report; October 23, 2012 administrative report. BACKGROUND: At the direction of Council, staff has been working on providing potential code options for regulating commercial truck traffic in residential neighborhoods. Additionally, staff has attempted to aggregate regulations regarding similar topics into one place, a new chapter of the City Code. Since staff last presented this draft on October 23, several revisions have been made. These changes were made to make the code provisions more consistent with the corresponding County Code section so we get consistency of rulings from the local judges. Senior Traffic Engineer Inga Note believes the current draft you have before you will be effective in controlling commercial trucks in residential areas. OPTIONS: (a) move to a second reading (b) request that staff make additional changes to the draft Code provisions; or (c) do nothing. RECOMMENDED ACTION OR MOTION: I move that we advance Ordinance 12-029 relating to commercial truck regulations to a second reading. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: (1) Proposed Ordinance 12-029 relating to commercial truck traffic issues (2) Map showing existing "posted no trucks" signs posted by Spokane County (3) Picture of a "No Trucks' sign and "Local Deliveries Only" sign from Knox Avenue 1 Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action December 11, 2012 Department Director Approval: 0 Check all that apply: ❑ consent ❑ old business Ij new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Second reading Proposed Ordinance 12-029 adopting regulation of commercial vehicles GOVERNING LEGISLATION: SVMC 9.05.010; WAC 308-330-462; RCW 46.61.570; RCW 46.44.080. PREVIOUS COUNCIL ACTION TAKEN: At the May 29, 2012 City Council meeting, Council received an administrative report on potentially restricting semi -truck parking in residential zones and at the June 26, 2012 Council meeting, received a follow up administrative report from the perspective of the professional trucking community; September 4, 2012 administrative report; October 23, 2012 administrative report; November 13, 2012 first reading of Ordinance 12-029. BACKGROUND: At the direction of Council, staff has been working on providing potential code options for regulating commercial truck traffic in residential neighborhoods. Additionally, staff has attempted to aggregate regulations regarding similar topics into one place, a new chapter of the City Code. Since staff last presented proposed Ordinance 12-029 on November 13, staff made several revisions. First, after further discussion between staff, a revision was made to section 6, regarding idling commercial vehicles. The language limiting the effect of the Code provision to the hours of 10:00 p.m. to 7:00 a.m. the following day was removed so it was consistent with what the Council had identified as the goal — removal of idling in residential neighborhoods. Council had expressed concern with idling during the day as well due to noise and fumes. Staff believes the revised language accurately reflects Council's stated concerns now. Second, the language relating to operation of refrigeration units now includes commercial trucks and trailers, instead of just trailers. This change was made after further discussion between staff of other potential vehicles that may contain refrigeration units. For example, various commercial trucks having such units make deliveries of frozen or refrigerated food in residential neighborhoods on a daily basis. The new proposed language accounts for those types of deliveries. OPTIONS: (a) adopt Ordinance 12-029 as drafted; (b) request that staff make additional changes to the draft Code provisions; or (c) do nothing. RECOMMENDED ACTION OR MOTION: I move that we approve Ordinance 12-029 adopting a new SVMC chapter 9.30 relating to commercial truck regulations as proposed. 1 BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Cary Driskell, City Attorney; Ings Note, Senior Traffic Engineer ATTACHMENTS: (1) Proposed Ordinance 12-029 relating to commercial truck traffic issues; (2) Map showing existing "No Trucks" and "Local Delivery Only" signs posted by Spokane County; (3) Picture of a "No Trucks" sign and "Local Delivery Only" sign from Knox Avenue. CITY OF SPOKANE VALLEY SP()ICANE COUNTY, WASHINGTON ORDINANCE NO. 12-029 AN ORDINANCE OF THE CiTY OF SPOKANE VALLEY, SPOKANE COUNTY, WASI[INGTON, ADOPTING CHAPTER 9.30 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING '['O MISCELLANEOUS VEHICLE REGULATIONS; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted several provisions relating to vehicle regulations on the rights-of-way in the City, which were dispersed within the Spokane Valley Municipal Code (SVMC); and WHEREAS, the City has determined that it is appropriate to protect the life, health, and safety of its citizens to adopt additional vehicle regulations regarding idling of commercial vehicles in residentially zoned areas, operation of refrigeration units associated with commercial truck trailers, and operation of commercial tracks in excess of 10,000 pounds on certain City roads. Such regulations are within the police power granted to cities by Article XI, Section II of the Washington State Constitution; and WHEREAS, the City desires to aggregate the existing vehicle regulations along with the new regulations in one chapter of the SVMC for case of use by the piibl ic. NOW, TI IEREFORE, the City Council of the City of Spokane Valley, Washington ordains as Collows: Section 1. Adopting Spokane Valley Municipal Code 9.30.010 Regarding Purpose and Authority. Spokane Valley Municipal Code section 9.30,010 is hereby adopted as follows: SVMC 9.30.010 - Purpose and authority. The purpose of this chapter is to regulate the kinds and classes oC traffic, parking, and vehicular noise on certain streets within the City. This regulation is undetiaken in order to promote the efficient movement of vehicles and conduct of commerce, while preserving the integrity of residential zones. The provisions oC this chapter are adopted under the authority granted by RCW 46.44.080 and SVMC 9.05.040, and are to promote the health, safety and welfare of the citizens of the City. Section 2. Adopting Spokane Valley Municipal Code 9.30,020 Regarding Definitions. Spokane Valley Municipal Code section 9.30.020 is hereby adopted as follows: SVMC 9,30.020 - Definitions. Terms used within This chapter are defined as follows: "Commercial Vehicle" means that terns as defined in RCW 46.0=1.140, as now or hereafter amended. "Local Delivery" means providing local or neighborhood deliveries or services to points upon such streets or roads. "Residential area" means the following zoning districts, Os delineated on the official zoning map of the City: Ordinance 12-029 Adapting SV11'1C 9.30 - Miscellaneous Velilele ltegulnlions Page I of 4 R-1 Single -Family Residential Estate District. R-2 Single -Family Residential Suburban District. R-3 Single -Family Residential District. R-4 Single -Family Itesidential Urban District. MF -1 Multifamily Medium Density Residential District. MF -2 Multifamily 11igh Density Residential District. "Residential Street" means aiiy street or alleyway within the City which is not designated on the City's arterial road map. "Trailer" means that term ns defined in RC\\' 46.04.620, as now adopted or hereafter amended. "Vehicle" means that term as defined in RC\V 46.04.670, as now adopted or hereafter amended. Section 3. Adopting Spokane Valley Municipal Code 9.30.030 Regarding "No Trucks" Signs. Spokane Valley Municipal Code section 9.30.030 is hereby adopted as follows: SVIVIC 9.30.030 -- "No Trucks" Signs, A. Any street upon which a "No Trucks" sign is posted shall be permanently closed to all commercial vehicle travel having a gross licensed weight of 10,000 pounds or more, except For the purpose of I rcoviding local or neighborhood deliveries or services to points between the posted signs. The City may, for elnrifieation purposes, also post optional "Local Dcliveiy Only" signs in conjunction with "No '('rucks" signs. B. The following vehicles are exempt from the provisions of SVMC 9.30.030: 1. All vehicles owned, contracted, or operated by governmental agencies. 2. Emergency vehicles and solid waste disposal vehicles. 3. Electrical, water, telephone, and natural gas utility providers responding for installations, maintenance, or incident repairs. 4, Vehicles actively used for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon a residential street. 5. Trailers currently used at a specific location within a residential zone for the purpose of assisting or providing services such as construction, carpentry, plumbing, or landscaping to a residence or location upon a residential street. 6. Recreational vehicles including motor homes, campers, and travel trailers. 7. Vehicles belonging lo, or operated by, persons permanently residing within the City limits, as evidenced by the owner's or operator's address on file with the IvVashington State Department of licensing. To qualify for this exemption, the vehicle must be used for commuting to work at places located inside or outside of the City limits. 8. Any commercial vehicle belonging to a business located between the posted "No Trucks" signs. Ordinance 12-029 Adopling SVMC: 9.30 - Miscellaneous Vehicle licgulaliuns Page 2 of 4 C. The location of signs reading "No Trucks" shall be established through adoption of a master "No Trucks" sign schedule, which shall be adopted and may be amended from time -to -time by separate resolution. Any such alteration shall be m,acle on the basis of an engineering and traffic investigation, be reasonable and safe, and in the interest of the health, safety and welfare of the citizens of this City. "No Trucks" signs shall become effective upon the placement of such signs, and shall cease at such time as (he signs are removed by the City. All signs placed pursuant to this section shall conform to the Manual on Uniform Traffic Control Devices for streets arc] highways for thc state of Washington. Section 4. Adopting Spokane Valley Municipal Code 9.30.040 Regarding Liability of Owner for Violations. Spokane Valley Municipal Code section 9.30.040 is hereby adopted as follows: SVMC 9.30.040 — Liability of Owner for Violations. If the person operating the commercial vehicle at the time a citation for violation of SVMC 9.30.030 is issued is not the owner of the vehicle, then the issuing officer may also issue a citation for the owner of the vehicle in addition to the operator pursuant to RCW 46.44.120. as adopted oi' amended. Further, the operator of the commercial vehicle is authorized to accept thc citation and to execute the Promise to Appear 00 behalf of the owner of the vehicle. Section 5. Ado tin_ S okane Valle Munici )al Code 9.30.050 Regarding F,xcessive Noise From Vehicle Audio System Prohibited. Spokane Valley Municipal Code section 9.30.050 is hereby adopted as follows: SVMC 9.30.050— Excessive Noise From Vehiele Audio System Prohibited. The sound from any motor vehicle audio system such as tape players, radio, and compact disc players at volumes so high as to be audible greater than 50 feet from the vehicle itself is prohibited. Section 6. Adopting Spokane Valley Municipal Code 9.30.060 Regarding Idling of Commercial Vehicles Limited in ResidentiallyZoned Areas. Spokane Valley Municipal Code section 9.30.060 is hereby adopted as follows: SVMC 9.30.060— Idling of Commercial Vehicles Limited in Residentially -Zoned Areas. No person shall cause a commercial vehicle to idlc in 011y residentially -zoned area for more than 15 consecutive minutes, or more Than 15 minutes total in any single calendar day. Section 7, Adopting Spokane Valley Municipal Code 9.30.070 Regarding Operating Refrigeration Units on Certain Vehicles Limited in Residentially -Zoned Areas. Spokane Valley Municipal C:odc section 9.30.070 is hereby adopted as follows: SVMC 9.30.070 — Operating Refrigeration Units on Certain Vehicles Limited in Residentially - Zoned Areas. Between the hours of 10:00 p.m. any day and 7:00 a.m. the next day, no person shall operate a refrigeration unit on a commercial truck or trailer in a residentially -zoned area, except in the performance of a local delivery. Ordinance 12-029 Adopting SVNIC 9.30 - Miscellaneous Vehicle Regulation i Page 3 of 4 Sections 8. Adopting Spokane Valley Municipal Cocle 9,30.080 Regarding Violations - Penalty. Spokane Valley Municipal Cock section 9.30.080 is hereby adopted as follows: SVMC 9.30.080 — Violations— Penalty. Any person violating or failing to comply with any provisions of this chapter shall be subject to a Class 1 civil infraction pinsuant to Chapter 7.80 RChV. Section 9. Severability. If any section, sentence, clause or please of this Ordinance should be held to be invalid or unconstitutional by a court o competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 10. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in (he official newspaper of the City. Passed this I l'h day of December, 2012, ATT;t7 `City Clerk, Christine Banbridge c 0 ��, Mayor, Thomas E, owey Approved As To Forint Office of the ty Attorney Date of Publication: Effective Date: Ordinance 12-029 Adopting SVMC 9,30- hIiscetlaneuus Vehicle Regulations Page 4 of 4 C� CITY OF SPOIIANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 12-013 A RESOLUTION OF THE C1TY OF SPOKANE VALLEY, SPOKANE COUNTY, WAST-IINGTON, ADOPTING A MASTER "NO TRUCKS" AND "LOCAL DELIVERY ONLY" SCHEDULE PURSUANT TO SPOKANE VALLEY MUNICIPAL CODE SECTION 9.30.030(C), AND OTHER MATTERS RELATING THERETO. WHEREAS, the City Council adopted Spokane Valley Municipal Code (SViUMC) 9.30.030(C) to require that the locution of signs in the City depicting that "No Trucks" and "Local Delivery Only" be set forth in a Master "No Trucks" and "Local Delivery Only" Schedule; and WHEREAS, the City shall henceforth use a resolution to establish or modify where "No Trucks" and "Local Delivery Only" signs shell be placed in the City; and WHEREAS, the City Senior Traffic Engineer shall conduct an engineering and traffic investigation pursuant to Washington Administrative Code 308-330-265(17), adopted by the City through SVMC chapter 9.05, for all proposed changes to the Master "No Trucks" and "Local Delivery Only" Schedule, which shall be reasonable and safe, and in the interest of the health, safety and welfare ofllte citizens of this City, NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Adoption of the Master "No Trucks" and "Local Delivery Only" Schedule. The Master "No Trucks" and "Local Delivery Only" Schedule, as set forth below, is adopted, Section 2. Repeal. To the extent that any previous actions to establish "No Trucks" or "Local Delivery Only" signs are inconsistent with those set forth herein, they are repealed. Section 3. Effective Dale. This Resolution shall be effective upon adoption. Approved this 11`h day of December, 2012. ATTES (hristine 13ainbridge, City Clerk Approved as to form: Office the City A t rney C1TY OF SPOKANE VALLEY 2 T116-nes E. Torrey, Mayor Resolution 12-013 Master"No Trucks" and "Local Delivery Only" Schedule Page t oft MASTER "NO TRUCKS" SCHEDULE The following road sections located in the City of Spokane Valley shall be restricted to truck travel as set forth in Spokane Valley Municipal Code 9.30,030 by placement of a "No Trucks" sign, which may be posted in conjunction with a "Local Delivery Only" sign. Roacl Scgineut(s) Zone Limits Location Jackson Avenue Moittgoinely Drive to Wilbur Road S.19, T25N., RA4E.W.M. Wilbur Road Jackson Avenue to Montgomery Drive 8.19, T25N,, R.44E.W.M. Grace Avenue Bolvdisll Road to SR -27 S.9, T25N., R,44 E.W.M Buckeye Avenue Bowdish Road to SR -27 S.9, T25N., R,44 E.W.M Lily Road SR -290 to Montgomery Drive 8.12, T25N., R.43 E.W.M. Girard Road . SR -290 to Montgomery Drive S.12, T25N., R.43 E.W.M. Bowman Road SR -290 to Montgomery Drive S.12, T25N., R.43 E,1V.M. Montgomery Drive Lily Road to Park Road S.12, T25N., R.43 E.W.M. Area bordered by Park Road, SR -290, Argonne Road, and 1-90 S.7, T25N., R.44 E.W.M. Vista Road Broadway Avenue to Mission Avenue 8.18, T25N., R,44 E.W.M. Mission Avenue Vista Road to Marguerite Roacl S.18, T25N., R.44 E,W.M. Maxwell Avenue Wilbur Road to SR -27 8.16, T25N., R.44 E.W.M Wilbur Road Maxwell Avenue to Mission Avenue S.16, T25N., R.44 E.1VJYI Bradley Road SR -290 to Marietta Avenue 5.12, T25N., R.43 E.W.M. Dora Road SR -290 to Mansfield Avenue S.12, T25N., R.43 E.W.M. Coleman Road SR -290 to Utah Avenue S. I2, T25N., R.43 E.W.M. Park Roacl Addition Subdivision south of Mission .venue, west of Park Road, and north of 1-90 S.13, T25N., R.43 E.W.M. Clinton Road Sprague Avenue to Main Avenue 8.15, T25N., R.44 E.W.M. Main Avenue McDonald Roacl to Clinton Road 8.15, T25N., R.44 E.W,M. Wellesley Avenue City limits to Evergreen Road S.3, T25N., RA4 E.W.M. Resolution 12-013 Master "No Trucks" ancl "Local Delivery Only" Schedule Page 2 of 2