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2014, 06-03 Study Session AGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION Tuesday,June 3,2014 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue,First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL ROLL CALL: ACTION ITEM: 1.Morgan Koudelka JAG Grant [public comment] Motion Consideration 2.Mike Jackson,Erik Lamb Solid Waste Transfer,Disposal Final Motion Consideration Agreement [public comment] NON-ACTION ITEMS 3.Mike Stone Brown's Park Master Plan Discussion/Information 4.Mark Calhoun Streamlined Sales Tax Mitigation, and Discussion/Information Marketplace Fairness Act 5.Eric Guth, Sean Messner Thierman Traffic Issue Discussion/Information 6. Cary Driskell Truck Parking in Residential Zones Discussion/Information 7.Mayor Grafos Advance Agenda Discussion/Information 8.Mayor Grafos Council Comments Discussion/Information 9.Mike Jackson City Manager Comments Discussion/Information ADJOURN 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,June 3,2014 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 3, 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 : Motion Consideration: Justice Assistance Grant 2014 GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The City of Spokane Valley has been allocated $19,586 as part of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for the 2014 annual award. These funds are designed to support all components of the criminal justice system. Spokane Valley staff has relied on recommendations of the Spokane Valley Police Chief to identify proposed projects to be funded with the grant. The identified expenditures are as follows: City of Spokane Valley Expenditures: 1) Interview Tracker (Digital Recorder) $9,700 2) In Field Property Entry System $1,500 3) Investigative Unit Printer $2,200 4) GPS Tracking Device $6,000 5) Equipment Enhancement $ 186 OPTIONS: 1.) Authorize application for the JAG grant. 2.) Request amendments to the application. 3.) Deny authorization to submit grant. RECOMMENDED ACTION OR MOTION: Move to Authorize the City Manager to Apply for the Justice Assistance Grant. BUDGET/FINANCIAL IMPACTS: $19,586 in grants funds, no match required. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: Memorandum, JAG Allocation, JAG Solicitation, Program Narrative, Review Narrative, Budget Worksheet, Budget Narrative, Certifications SCITY OT pokane Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: Mike Jackson, City Manager Mayor and Members of Council From: Morgan Koudelka, Senior Administrative Analyst Date: May 9, 2014 Re: 2014 Justice Assistance Grant(JAG) Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2014 Application Deadline: June 10, 2014 City of Spokane Valley Eligible Amount: $19,586 Match Required: None Award Period: Awards are made in the first fiscal year of the appropriation and may be expended during a 2-year period. The City may apply for two additional years. Summary: The Edward Byrne Memorial Justice Assistance Grant(JAG)Program(42 U.S.C. 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement,prosecution and court programs including indigent defense,prevention and education programs, corrections and community corrections, drug treatment and enforcement, crime victim and witness initiatives, and planning, evaluation, and technology improvement programs. City of Spokane Valley Expenditures: 1) Interview Tracker(Digital Recorder) $9,700 2) In Field Property Entry System $1,500 3) Investigative Unit Printer $2,200 4) GPS Tracking Device $6,000 5)Equipment Enhancement $ 186 City of Spokane Valley—JAG Grant 2014 May 9,2014 Page 2 of 2 Goals: +• Enhance integrity of interviews and interrogations • Enhance efficiency and accuracy of property storage + Maximize available resources through greater use of technology •S Increase report writing and case management efficiency Strategies: •S Interview Tracker$9,700—A digital video/audio recorder system for interrogations that enhances the integrity of investigations while increasing the quality of evidence collected. ❖ Field Property Management System$1,500—Allows ability to use a field computer to enter property into the BEAST property management system as it is being seized/received. ❖ Investigative Unit Printer $2,200—Allows investigative detectives to compile case files and reports while on location in the Spokane Valley Precinct. ❖ GPS Tracking Devices $6,000—Enhances manpower by conducting surveillance through the use of technology. ❖ Investigative Equipment Enhancement$186—Address cost changes, overruns, or enhancements for identified equipment. Project Identifiers ❖ Computer Software/Hardware + Equipment—Video/Audio Recording ❖ Data Sharing/Linkage ❖ GPS Trackers + Criminal Records Non-Supplanting: Applicants cannot replace or supplant non-federal funds that have been appropriated for the same purpose. Reporting Requirements: Quarterly accountability metrics reports. Edward Byrne Memorial Justice Assistance Grant 2014 City of Spokane Valley, WA. SVJAG14 Project Abstract Goals: + Enhance integrity of interviews and interrogations + Enhance efficiency and accuracy of property storage + Maximize available resources through greater use of technology + Increase report writing and case management efficiency Strategies: + Interview Tracker$9,700—A digital video/audio recorder system for interrogations that enhances the integrity of investigations while increasing the quality of evidence collected. 4• Field Property Management System $1,500—Allows ability to use a field computer to enter property into the BEAST property management system as it is being seized/received. • Investigative Unit Printer$2,200—Allows investigative detectives to compile case files and reports while on location in the Spokane Valley Precinct. ❖ GPS Tracking Devices $6,000—Enhances manpower by conducting surveillance through the use of technology. • Investigative Equipment Enhancement$186—Address cost changes, overruns, or enhancements for identified equipment. Project Identifiers ❖ Computer Software/Hardware ❖ Equipment—Video/Audio Recording ❖ Data Sharing/Linkage + GPS Trackers ❖ Criminal Records JAG 2014 Program Narrative for City of Spokane Valley, WA. JAG 2014 Grant Proposal The City of Spokane Valley respectfully submits this application for the 2014 Edward Byrne Memorial Justice Assistance Grant(JAG). The City of Spokane Valley will act as fiscal agent for the JAG. This is the fifth year the City is eligible to apply as a non-disparate single jurisdiction. The City's Grant Accountant and Senior Analyst will be responsible for grant administration details as they relate to acting as fiscal agent,to include disbursement of funds and collecting and submitting financial and performance measure reports of the JAG funding. Expenditures are tracked through individual budget lines for each federal grant received,which keeps federal funding separate. City of Spokane Valley Projects The Spokane Valley Police Department, on behalf of the City of Spokane Valley, proposes to use their allocation of JAG funds ($19,586) for the grant program area of law enforcement programs. This grant funding will be used to enhance evidenced-based programs and practices while increasing the utilization of evidenced-based smart programs. The Spokane Valley City Council has committed financial resources to add two additional patrol officers to aid in the creation of a power-shift that will be able to better meet the increasing call-load. Additionally, City Management has collaborated with the Police Command staff to increase efficiency through creating combined dedicated investigative units. To insure the success of these changes the Council has also committed budget appropriations to improve the precinct facility and the work areas within. The identified JAG expenditures will complete the transition through the acquisition of productivity enhancing equipment. The use of an interview tracker ($9,700), In-Field Property Storage Entry System($1,500), Investigative Unit Printer($2,200), Page 1 of 2 JAG 2014 Program Narrative for City of Spokane Valley, WA. and GPS Tracking Devices (6,000), will enhance the strength and integrity of investigations, reduce travel time, allow reports to be compiled more quickly, and allow investigators to work multiple cases/leads at the same time. Page 2 of 2 I. ';� � yM i- 3 General Instructions & Resources View Budget Summary OMB APPROVAL NO.: 1121-0329 EXPIRES 7/31/2016 Budget Detail Worksheet (1) Purpose: The Budget Detail Worksheet is provided for your use in the preparation of the budget and budget narrative. All required information(including the budget narrative)must be provided. Any category of expense not applicable to your budget may be left blank. Indicate any non-federal(match) amount in the appropriate category, if applicable. (2) For each budget category,you can see a sample by clicking (To View an Example, Click Here) at the end of each description. (3) There are various hot links listed in red in the budget categories that will provide additional information via documents on the internet. (4) Record Retention: In accordance with the requirements set forth in 28 CFR Parts 66 and 70, all financial records, supporting documents, statistical records, and all other records pertinent to the award shall be retained by each organization for at least three years following the closure of the audit report covering the grant period. (5) The information disclosed in this form is subject to the Freedom of Information Act under 5 U.S.C. 55.2. A. Personnel—List each position by title and name of employee,if available.Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization.Include a description of the responsibilities and duties of each position in relationship to fulfilling the project goals and objectives. (Note: Use whole numbers as the percentage of time, an example is 75.50%should be shown as 75.50) To View an Example,Click Here PERSONNEL(FEDERAL) Computation Name Position Cost Salary Basis Percentage of Time Length of Time Year $0 FEDERAL TOTAL $0 PERSONNEL NARRATIVE(FEDERAL) PERSONNEL(NON-FEDERAL) Computation Name Position Cost Salary Basis Percentage of Time Length of Time Year $0 NON-FEDERAL TOTAL $0 PERSONNEL NARRATIVE(NON-FEDERAL) TOTAL PERSONNEL $0 B. Fringe Benefits—Fringe benefits should be based on actual known costs or an approved negotiated rate by a Federal agency. If not based on an approved negotiated rate,list the composition of the fringe benefit package. Fringe benefits are for the personnel listed in budget category (A)and only for the percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA,Workman's Compensation and Unemployment Compensation. (Note: Use decimal numbers for the fringe benefit rates, an example is 7.65%should be shown as.0765)To View an Example,Click Here FRINGE BENEFITS(FEDERAL) Computation Description Cost Base Rate $0 FEDERAL TOTAL $0 FRINGE BENEFITS NARRATIVE(FEDERAL) FRINGE BENEFITS(NON-FEDERAL) Computation Description Cost Base Rate $0 NON-FEDERAL TOTAL $0 FRINGE BENEFITS NARRATIVE(NON-FEDERAL) TOTAL FRINGE BENEFITS $0 C. Travel—Itemize travel expenses of staff personnel by purpose(e.g.,staff to training,field interviews,advisory group meeting,etc.).Describe the purpose of each travel expenditure in reference to the project objectives. Show the basis of computation(e.g.,six people to 3-day training at$X airfare,$X lodging,$X subsistence). In training projects,travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the location of travel,if known; or if unknown, indicate"location to be determined." Indicate source of Travel Policies applied Applicant or Federal Travel Regulations. Note:Travel expenses for consultants should be included in the"Contractual/Consultant"category.To View an Example,Click Here TRAVEL(FEDERAL) Purpose of Travel Location Computation Cost Basis for Number of Number of Item Cost RateQuantity Cost Rate People Trips Lodging Night $0.00 Meals Day $0.00 Mileage Mile $0.00 Transportation: Round-trip $0.00 Local Travel $0.00 Other $0.00 Subtotal $0.00 $0 FEDERAL TOTAL $0 TRAVEL NARRATIVE(FEDERAL) TRAVEL(NON-FEDERAL) Purpose of Travel Location Computation Cost Basis for Number of 'Number of Cost Item Cost Rate Quantity Rate People Trips Lodging Night $0.00 Meals Day $0.00 Mileage Mile $0.00 Transportation: Round-trip $0.00 Local Travel $0.00 Other $0.00 Subtotal $0.00 $0 NON-FEDERAL TOTAL $0 TRAVEL NARRATIVE(NON-FEDERAL) TOTAL TRAVEL $0 D. Equipment—List non-expendable items that are purchased(Note:Organization's own capitalization policy for classification of equipment should be used). Expendable items should be included in the"Supplies"category. Applicants should analyze the cost benefits of purchasing versus leasing equipment,especially high cost items and those subject to rapid technological advances. Rented or leased equipment costs should be listed in the"Contractual"category. Explain how the equipment is necessary for the success of the project,and describe the procurement method to be used. To View an Example,Click Here EQUIPMENT(FEDERAL) Computation Item Cost Quantity Cost Interview Tracker 1 $9,700.00 $9,700 FEDERAL TOTAL $9,700 EQUIPMENT NARRATIVE(FEDERAL) This digital video/audio recorder system enhances the integrity of investigations while increasing the quality of evidence collected. EQUIPMENT(NON-FEDERAL) Computation Item Cost Quantity Cost $0 NON-FEDERAL TOTAL $0 EQUIPMENT NARRATIVE(NON-FEDERAL) TOTAL EQUIPMENT $9,700 E. Supplies—List items by type(office supplies,postage,training materials,copying paper,and expendable equipment items costing less than$5,000,such as books, hand held tape recorders)and show the basis for computation. Generally,supplies include any materials that are expendable or consumed during the course of the project. To View an Example,Click Here SUPPLIES(FEDERAL) Computation Supply Items Cost Quantity/Duration Cost In-Field Property Entry System 1 $1,500.00 $1,500 Investigative Unit Printer 1 $2,200.00 $2,200 GPS Tracking Device 1 $6,000.00 $6,000 Equipment Enhancment 1 $186.00 $186 FEDERAL TOTAL $9,886 SUPPLIES NARRATIVE(FEDERAL) The Property Entry System increases the accuracy of property logs by entering the information as it is taken into custody in the field. The printer reduces travel time by allowing investigative detectives to produce reports as they are completed in the Spokane Valley Precinct The GPS Tracking Device allows detectives to conduct surveillance on multiple subject at the same time and while off-duty,maximizing the use of resources. The remaining dollars will cover additional costs or enhancements to the equipment and supplies identified. SUPPLIES(NON-FEDERAL) Computation Supply Items Cost Quantity/Duration Cost $0 NON-FEDERAL TOTAL $0 SUPPLIES NARRATIVE(NON-FEDERAL) TOTAL SUPPLIES $9,886 F. Construction—Provide a description of the construction project and an estimate of the costs. As a rule,construction costs are not allowable. In some cases,minor repairs or renovations may be allowable. Minor repairs and renovations should be classified in the"other"category. Consult with the program office before budgeting funds in this category. To View an Example,Click Here CONSTRUCTION(FEDERAL) Purpose Description of Work Cost FEDERAL TOTAL $0 CONSTRUCTION NARRATIVE(FEDERAL) CONSTRUCTION(NON-FEDERAL) Purpose Description of Work Cost NON-FEDERAL TOTAL $0 CONSTRUCTION NARRATIVE(NON-FEDERAL) TOTAL CONSTRUCTION $0 G. Consultants/Contracts—Indicate whether applicant's formal,written Procurement Policy or the Federal Acquisition Regulations are followed. Consultant Fees: For each consultant enter the name,if known,service to be provided,hourly or daily fee(8-hour day),and estimated time on the project.Consultant fees in excess of$450 per day or$56.25 per hour require additional justification and prior approval from OJP.To View an Example,Click Here CONSULTANT FEES(FEDERAL) Computation Name of Consultant Service Provided Cost Fee Basis Quantity 8 Hour Day $0 SUBTOTAL $0 CONSULTANT FEES NARRATIVE(FEDERAL) CONSULTANT FEES(NON-FEDERAL) Computation Name of Consultant Service Provided Cost Fee Basis Quantity 8 Hour Day $0 SUBTOTAL $0 CONSULTANT FEES NARRATIVE(NON-FEDERAL) CONSTRUCTION(NON-FEDERAL) Purpose Description of Work Cost NON-FEDERAL TOTAL $0 CONSTRUCTION NARRATIVE(NON-FEDERAL) TOTAL CONSTRUCTION $0 G. Consultants/Contracts—Indicate whether applicant's formal,written Procurement Policy or the Federal Acquisition Regulations are followed. Consultant Fees: For each consultant enter the name,if known,service to be provided,hourly or daily fee(8-hour day),and estimated time on the project.Consultant fees in excess of$450 per day or$56.25 per hour require additional justification and prior approval from OJP.To View an Example,Click Here CONSULTANT FEES(FEDERAL) Computation Name of Consultant Service Provided Cost Fee Basis Quantity 8 Hour Day $0 SUBTOTAL $0 CONSULTANT FEES NARRATIVE(FEDERAL) CONSULTANT FEES(NON-FEDERAL) Computation Name of Consultant Service Provided Cost Fee Basis Quantity 8 Hour Day $0 SUBTOTAL $0 CONSULTANT FEES NARRATIVE(NON-FEDERAL) Consultant Expenses:List all expenses to be paid from the grant to the individual consultants in addition to their fees(i.e.,travel,meals,lodging,etc.). This includes travel expenses for anyone who is not an employee of the applicant such as participants,volunteers,partners,etc. CONSULTANT EXPENSES(FEDERAL) Purpose of Travel Location Computation Cost Item Cost Rate Basis for Quantity Number of Number of Cost Rate People Trips'. Lodging Night $0.00 Meals Day $0.00 Mileage Mile $0.00 Transportation: Round-trip $0.00 Local Travel $0.00 Other $0.00 Subtotal $0.00 $0 SUBTOTAL $0 FEDERAL TOTAL $0 CONSULTANT EXPENSES NARRATIVE(FEDERAL) Consultant Expenses:List all expenses to be paid from the grant to the individual consultants in addition to their fees(i.e.,travel,meals,lodging,etc.). This includes travel expenses for anyone who is not an employee of the applicant such as participants,volunteers,partners,etc. CONSULTANT EXPENSES(FEDERAL) Purpose of Travel Location Computation Cost Item Cost Rate Basis for Quantity Number of Number of Cost Rate People Trips'. Lodging Night $0.00 Meals Day $0.00 Mileage Mile $0.00 Transportation: Round-trip $0.00 Local Travel $0.00 Other $0.00 Subtotal $0.00 $0 SUBTOTAL $0 FEDERAL TOTAL $0 CONSULTANT EXPENSES NARRATIVE(FEDERAL) CONSULTANT EXPENSES(NON-FEDERAL) Purpose of Travel Location Computation Cost Basis for Numbof Num <of Cost Item Cost Rate Quantity Rate Peopleer Trips Lodging Night $0.00 Meals Day $0.00 Mileag ......e Mile $0.00 Transportation: Round-trip $0.00 Local Travel $0.00 Other $0.00 Subtotal $0.00 $0 SUBTOTAL $0 NON-FEDERAL TOTAL $0 CONSULTANT EXPENSES NARRATIVE(NON-FEDERAL) TOTAL CONSULTANTS $0 Contracts_Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source contracts in excess of$100,000.A sole source contract may not be awarded to a commercial organization that is ineligible to receive a direct award. CONTRACTS(FEDERAL) Item Cost FEDERAL TOTAL $0 CONTRACTS NARRATIVE(FEDERAL) CONTRACTS(NON-FEDERAL) Item Cost NON-FEDERAL TOTAL $0 CONTRACTS NARRATIVE(NON-FEDERAL) TOTAL CONTRACTS $0 TOTAL CONSULTANTS/CONTRACTS $0 H. Other Costs—List items(e.g.,rent(arms-length transaction only ),reproduction,telephone,janitorial or security services,and investigative or confidential funds)by major type and the basis of the computation. For example,provide the square footage and the cost per square foot for rent or provide a monthly rental cost and how many months to rent. The basis field is a text field to describe the quantity such as square footage,months,etc. To View an Example,Click Here OTHER COSTS(FEDERAL) Computation Cost Description Quantity Basis Cost Length of Time $0 FEDERAL TOTAL $0 OTHER COSTS NARRATIVE(FEDERAL) OTHER COSTS(NON-FEDERAL) Computation Description Cost Quantity Basis Cost Length of Time $0 NON-FEDERAL TOTAL $0 OTHER COSTS NARRATIVE(NON-FEDERAL) TOTAL OTHER COSTS $0 I. Indirect Costs—Indirect costs are allowed only if the applicant has a Federally approved indirect cost rate.A copy of the rate approval,(afully executed,negotiated agreement),must be attached.If the applicant does not have an approved rate,one can be requested by contacting the applicant's cognizant Federal agency ,which will review all documentation and approve a rate for the applicant organization,or if the applicant's accounting system permits,costs maybe allocated in the direct costs categories. (Note: Use whole numbers as the indirect rate, an example is an indirect rate of 15.73%should be shown as 15.73) To View an Example,Click Here INDIRECT COSTS(FEDERAL) Computation Description Cost Base Rate $0 FEDERAL TOTAL $0 INDIRECT COSTS NARRATIVE(FEDERAL) INDIRECT COSTS(NON-FEDERAL) Computation Description Cost Base Rate $0 NON-FEDERAL TOTAL $0 INDIRECT COSTS NARRATIVE(NON-FEDERAL) Indirect costs will be covered by the City. TOTAL INDIRECT COSTS $0 Budget Summary—When you have completed the budget worksheet,transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs.Indicate the amount of Federal funds requested and the amount of non-Federal funds that will support the project. Budget Category Federal Request Non-Federal Amounts Total A.Personnel $0 $0 $0 B.Fringe Benefits $0 $0 $0 C.Travel $0 $0 $0 D.Equipment $9,700 $0 $9,700 E.Supplies $9,886 $0 $9,886 F.Construction $0 $0 $0 G.Consultants/Contracts $0 $0 $0 H.Other $0 $0 $0 Total Direct Costs $19,586 $0 $19,586 I. Indirect Costs $0 $0 $0 TOTAL PROJECT COSTS $19,586 $0 $19,586 Federal Request $19,586 Non-Federal Amount $0 Total Project Cost $19,586 Public Reporting Burden Paperwork Reduction Act Notice: Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a current valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated average time to complete and file this application is four(4)hours per application. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler,you can write the Office of Justice Programs, Office of the Chief Financial Officer, 810 Seventh Street, NW, Washington, DC 20531;and to the Public Use Reports Project, 1121-0188, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington,DC 20503. JAG 2014 City of Spokane Valley Review Narrative The City of Spokane Valley made its Fiscal Year 2014 JAG application available to the City Council for its review and comment on May 9, 2014 JAG. The City of Spokane Valley made its Fiscal Year 2014 JAG application available to citizens for comment prior to application submission by posting on the City's website and inclusion in a Council packet. City of Spokane Valley Disclosure of Pending Applications 2014 JAG The City of Spokane Valley does not have pending applications submitted within the last 12 months for federally funded grants or subgrants (including cooperative agreements)that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. City of Spokane Valley Disclosure of High Risk Status for 2014 JAG The City of Spokane Valley is not currently designated high risk by another federal grant making agency. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 6/3/14 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Contract for Solid Waste Transfer Station/Transport/ Disposal — Sunshine Recyclers Inc. 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: At the May 27, 2014 Council meeting, Council authorized the City Manager to finalize a contract with Sunshine Recyclers Inc. for solid waste transfer, transport and disposal for the City of Spokane Valley. Finalizing the contract contemplates that remaining contingencies would be removed to the satisfaction of the City Manager. 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. OPTIONS: Authorize the City Manager to execute a contract with Sunshine Recyclers Inc. or take other action. RECOMMENDED ACTION OR MOTION: I move that we authorize the City Manager to execute a contract with Sunshine Recyclers Inc. for solid waste transfer, transport and disposal for the City of Spokane Valley. 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 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. The City could recover administrative costs as noted in the May 20, 2014 PowerPoint regarding Solid Waste. STAFF CONTACT: City Manager - Mike Jackson ATTACHMENTS: DRAFT Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services — Sunshine Recyclers, Inc. DRAFT AGREEMENT FOR COMPREHENSIVE SOLID WASTE TRANSFER,TRANSPORT,AND DISPOSAL SERVICES SUNSHINE RECYCLERS,INC. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter"City" and Sunshine Recyclers, Inc., dba Sunshine Disposal &Recycling,hereinafter"Contractor,"jointly referred to as "Parties." RECITALS WHEREAS, pursuant to chapter 70.95 RCW, a local government is responsible for the management of solid waste within its jurisdictional boundaries; and WHEREAS, the City has undergone an extensive research and review process, which has included multiple studies of various options for solid waste transfer, transport, and disposal management; and WHEREAS, the City's current interlocal agreement with the Spokane Regional Solid Waste Management System expires on November 16, 2014; and WHEREAS, the City is required by law to provide solid waste transfer, transport, and disposal services by November 17, 2014; and WHEREAS, after due consideration of the options available, the City Council of the City has determined it is in the best interests of its citizens and for the public health, safety, and welfare for the City to assume responsibility of managing solid waste generated within its boundaries; and WHEREAS, after due consideration of the options available, the time constraints and the needs of the City and its citizens, the City Council of the City has determined it is in the best interests of its citizens and for the public health, safety, and welfare for the City to provide for solid waste transfer, transport, and disposal services through a contract with a private provider; and WHEREAS, the Contractor will be able to provide solid waste transfer, transport, and disposal services by November 17, 2014; and WHEREAS, the Parties have, in good faith, negotiated this Agreement and commit to attempting to resolve any future contract disputes, if any should occur, in good faith. NOW, THEREFORE, IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: Agreement for Comprehensive Solid Waste Transfer,Transport,and Disposal Services Page 1 of 46 ARTICLE 1 DEFINITIONS 1.1 Defined Terms. All capitalized terms 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 informal, 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. Tone 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 , (hereinafter referred to as the Contract), said Contract is hereby referred to and made a part hereof; 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 loss 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 C R DATE(MM/DD/YYYY) CERTIFICATE LIABILITY INSURANCE 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 CONTACT NAME: Moloney,O'Neill,Corkery&Jones Inc PHONE 509 325-3024 FAX 509 325-1803 818 W Riverside#800 E-MAIL No,Ext):( ) (A/c,No):( ) Spokane,WA 99201 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Liberty Northwest Insurance Corp INSURED INSURER B: Sunshine Disposal,Inc INSURER C: 11320 W.McFarlane Rd INSURER D: Airway Heights,WA 99001 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTRINSR VD POLICY NUMBER (MMIDD/YYYYI IMM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X C07170065 09/01/2013 09/01/2014 DAMAGE TO RENTED 300 000 PREMISES(Ea occurrence) $ , CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X jT X LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ A X ANY AUTO C07170065 09/01/2013 09/01/2014 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUOS AUTOS X HIRTEDAUTOS )( NON-OWNED PROPERTY DAMAGE AUTOS (PER ACCIDENT) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAB CLAIMS-MADE C07170065 09/01/2013 09/01/2014 AGGREGATE $ 10,000,000 DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N C07170065 09/01/2013 09/01/2014 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL,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. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E.Sprague Ave,Suite 106 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 841612 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 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 9 E 600 00 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 contractor 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 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 2 of 9 E 601 00 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 III -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 641612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 3 of 9 E 602 00 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 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 4 of 9 E 603 00 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 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 5 of 9 E 604 00 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 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 6 of 9 E 605 00 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 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 7 of 9 E 606 00 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 I -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 841612 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 8 of 9 E 607 00 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 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 9 of 9 E 608 00 SIMI OF WASHINGTON Department of Labor & Industries Certificate of Workers' Compensation. Coverage May,5, 2014. WA UBI No. 602 000 782 L&I Account ID 462,631-01 Legal Business Name SUNSHINE RECYCLERS INC Doing Business As SUNSHINE RECYCLERS INC Workers' Comp Premium Status: Account is current. Estimated Workers Reported Quarter 1 of Year 2014"11 to 20 (See Description Below) Workers" Account Representative TO/ CAROLYN CRAWFORD (360)902- 4715-Email: CRAI235@lni.wa.gov Licensed Contractor? No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at feast 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 51.1.6.190). CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 3, 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: Browns Park Master Plan GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: Over the past several years, staff has been working with the Evergreen Region Volleyball Association (ERVA) to provide volleyball programming and events at Browns Park. Browns Park contains four sand volleyball courts that are becoming increasingly popular. If fact, the closest outdoor sand facility is approximately 300 miles west of Spokane in Washington State with no facilities in Idaho or Montana. The ERVA is one of the largest geographic regions within USA Volleyball encompassing Central and Eastern Washington, Northern Idaho and Montana. ERVA is working with the City of Spokane Valley to expand the sand volleyball courts at Browns Park and create a premier outdoor volleyball venue in Spokane Valley. The recently updated Parks and Recreation Master Plan recommends developing Browns Park as a destination sand volleyball venue. In order to pursue this concept, staff embarked upon a public master planning process for the park to determine the public's level of support and interest for potential changes to the park. The master planning process was led by the consultant, Michael Terrell - Landscape Architecture (MTLA). The Browns Park Master Plan is in direct response to the outcomes from the stakeholders meetings and input from the neighborhood. Through the master planning process, two primary park user groups were identified. These groups are neighbors of all ages, and the organized Volleyball Association. The two groups require distinctly different facilities and spaces: the neighborhood park area; and the volleyball tournament and league play area. A variety of park infrastructure and facility updates are included in the Master Plan. New concrete walkways would connect visitors from access points of the park to all site facilities. Where it may have been difficult for some visitors to access the restroom or picnic benches in the past, circulation would be improved. In addition, lighting of the parking lots and walkways would increase security of visitors leaving the park at dusk. New trees and landscaping would provide screening and shade in key locations. The Master Plan designates the center and north portions of the park for future sand volleyball court expansion. The expansion of the courts will create more multi-day events which will attract more participants and spectators from out of town and out of state requiring accommodations while utilizing more tourism related activities. Within this area, there is an active volleyball court play component, a group gathering space and picnic areas. The Browns Park Master Plan provides a vision for future development and acts as a guide for revitalization of Browns Park. The process identified a need for expanded and improved neighborhood level park facilities, as well as a shift in active recreational facility demand. As a result of the proposed improvements, Browns Park will be more actively utilized by the neighborhood and could become an economic catalyst for the City of Spokane Valley. Staff will be seeking input and comments from the City Council and anticipates bringing the Master Plan back June 24 for a motion consideration to consider approval of the Master Plan. OPTIONS: 1) Suggest changes to the Master Plan, or 2) Provide additional direction RECOMMENDED ACTION OR MOTION: Council consensus to place on the June 24, 2014 agenda for motion consideration to approve the Browns Park Master Plan. BUDGET/FINANCIAL IMPACTS: The financial impact would be if and when the City funds various improvements outlined in the master plan. STAFF CONTACT: Michael D. Stone, CPRP. Director of Parks and Recreation ATTACHMENTS: PowerPoint Presentation 1 Browns Park Master Plan , , . „,.1..,,..: - ,..,.....,...,...,..: .„„ . . ..... . . ._ . • . .... ...7...,. ., --...._- ......-._ „.....,,.: •„:„..-".„... :.,-. . -!,,,. ..- . . _ . .: ,..,......, _ . .. .„.., , .:.t .„,, , . .m . ._.,. .... ,.i.;•. ....‘„ ... at.glu, .._.„,„0„,..... ... _....,.„. ,...„1.6...„., ..,i... .,.i., ..ily......,..._ ... _.,. .. . . . ....„ . ......,. .I .4t , 7 ,„;. ,..; . . , .. ., . . . .... .. r,'4 -f,i:--,,,,.-, ,..,, . .., _ . ti r tit -k- ,,A - , - �.Fk V. t;/ s �c 7 . krY yo-'. ,` -- a -,. 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I 3 Browns Park Master Plan i •n��F a �t — 4 Browns Park Master Plan Evergreen Region Volleyball Association is providing volleyball programming Four outdoor sand volleyball courts Recently updated Parks & Recreation Master Plan recommends developing as a destination sand volleyball venue I 5 Browns Park Master Plan Michael Terrell, Landscape Architect Public master planning process to determine: Public support for potential changes What elements needed to be in the park Level of support for expanding volleyball 6 Browns Park Master Plan SCIT11 ...„001;M .11 Please join us as we discuss future park master plan designs, improvements and expansion of the sand volleyball complex. Thursday, March 27, 2014 - :OO-7: Opm University IIigh School: Commons Area /24 0 F. 32nd.4 - Corner raf Fines and 32ntl,4 ye. 509 .6#E#8 .0. 00 -- ww-vv.spokanevalley_c rg/Bro mais Voll eyhall L._ r, ,moi• s 7 Browns Park Master Plan , ..„„‹ . I ... .t.v.„.,., k i W. fe ok gd.wiegn ti...04.24 , .:1- - NI! . . .. t# .411..a. - A i t 0 M 1 . w 1W R.07 ' A74' ',2 I40.4- . , I ': — :__ _._ 4,.... ii ,-• 1 44 -ri c-t!..: ,tz - 9 _ ,,_ 7:,_ . . tar„ e.e, ----- ___ _ f v .--- - . , - Vt• -Ad ..: , • Ts 1- -_- \OW 7 • 1 -------------- - --- 111e "SI° 1411111P"\. 8 Browns Park Master Plan '.... , w I fNIJI!IJffdllYl tii iri,,, j' _ IP! 'ii" fes p � ~ , ilk . .,,,...r. . 1. 1 C _ r� I p ` �' .— - `. i I CO,�Cy If 1101 01.. } . r 4 a 4 • 9 Browns Park Master Plan ,..... ........,___.. , cd,okio)fitici - I 5 NW ilri ...._. waa , li rillilliril": 1.1t:.1, ' :: - 1K i 0,v i Al,'1/4'NN.. ,.. '..* 1111All .M.-- „ ) 411111110 MB NI 9 1I I I 10 Browns Park Master Plan _________ y iii III!MB1 .1$ i 11 lrrritr-71/rosily/1f r. orrt 1 ' 1 ,. • _ , e lil L yam . .me . ar .rte - lv r1 � r i e.. - - 1,= - - t . � -.r --- r lig u ill" 0 I 11 Browns Park Master Plan '+ Public Comments: "This park will be a great resource for the high school and will be a magnet for neighborhood kids." "Great Idea! Sand volleyball is one of the fastest growing sports in the USA." "This is an amazing plan. Before moving to the Spokane Valley, I lived near a similar facility. It was a great family oriented draw for both locals and out-of-towners. I am excited that the city is taking these steps." 12 Browns Park Master Plan Public Comments Continued. . . " I am a mother of a 2-year-old and a club coach, player referee; this park would open so many opportunities for the community as well as our family. There are no other free places a family can enjoy at all age groups. We drive from CDA 4-7 days a week already to use this park during the summer. . ." " I like having the separation between the courts and the playground area, as well as the separate restrooms to ease the traffic between players and the children at the playground." " Bathroom near children's area is important." I 13 Browns Park Master Plan i f, h u. - CI - - q - ULLOUTS IP d _ fit ,, tij Si 6EWALIK moo PE N METER w.ku 1HC Nail _. - .. ,. 1 (+�:aaidvwlurrur+lr rnnu‘46.4.1.4,1•44,1.1..'vwnl 4sw--s-a� 52^de=wig a.wrn a 1 V CID 1[I[rrCL ANo 17 Eno _ Al irssak wm.1 i r.NTA 1 - _.. (ie' _.- C r_! illi (1)xrwN Nn wxl re'awla rxxurtns[[nrx�l�a'ra Tom. CE) _ h - [HMWPWG GIMMP O. EFILT COAJRT-26tFI M 63•-i' • - : _' rn„Rt Mrrrn 18'9[bR bonen AnD Ls LMo 6urF1511). s:. :' (E}QVTIHC J.WLY Vt]iLEV BA LL 08f111'T- 1, .3 .3. — _^ _ OW FrTrc SIZE (AffS]MMr nwTr xru{PR'rrnwrn w - LO�FTi 61IF{FDR FWiLY 11 • 4FCPeleRIFtl9MEt1eMl11GaC]]. 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F . r1)ham,IR.rliMr Mr I!IPJSL1=11xG 4 Spokane _. ., ,E — -----iis E Flivialley• BROWNS PARK MASTER PLAT T 14 Kra wng perk Master Plan Summary Conceptual Master Plan Provides: Direct response to outcomes from neighborhood and stakeholders o Preserves the neighborhood park element o Creates a destination sand volleyball venue c Provides a vision for future development H.:1Tax RevenuetSales Tax1SST12014 06 03 RCA re SST and MFA.docx CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 3, 2014 Department Director Approval: X Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Streamlined Sales Tax (SST) Mitigation and the Marketplace Fairness Act (MFA). GOVERNING LEGISLATION: State law. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND —Streamlined Sales Tax (SST) Mitigation: • Governments across the country have for some time been interested in collecting sales taxes on internet sales but have been unable to do so in large part because of the differing tax structures between States. In response to this, a Streamlined Sales Tax project was developed with the idea to create a uniform taxing structure that would simplify the computation of sales taxes for sales that occurred between different taxing jurisdictions. • New rules related to SST went into effect in the State of Washington on July 1, 2008. • Under the old rules, sales taxes collected on a sale were credited to the jurisdiction where the sale occurred. • Under the new rules (SST), sales taxes collected on a sale are credited to the jurisdiction where the goods are delivered. For example: o If a resident of Cheney purchases a couch in Spokane Valley and loads it into the back of their truck at the store, the point of delivery is in Spokane Valley and the City of Spokane Valley receives the tax. o If a resident of Cheney purchases a couch in Spokane Valley and has it delivered to their home, then the tax is credited to Cheney. • Prior to the State of Washington adopting the SST legislation there was much discussion among cities across the State with differing points of view and levels of support. o Positively Impacted Cities (PICs) composed largely of smaller jurisdictions with relatively few retail shopping opportunities were in favor of SST because this meant they would receive the sales tax on goods delivered to their community. o Negatively Impacted Cities (NICs) composed largely of population and retail centers were opposed to SST because it meant they would lose the sales tax related to goods delivered to outlying areas. The NICs argued that because they are responsible for maintaining the infrastructure that allows delivery trucks and customers access to and from their community, they should receive the sales tax related to sales because this money allows them to maintain that infrastructure. • The Association of Washington Cities (AWC) was in an awkward position related to SST because they represent both PICs and NICs. • Regardless of the differences of opinion between municipal jurisdictions in the State, the State of Washington determined that the SST would generate a substantial amount of extra sales Page 1 of 3 H:1Tax RevenuelSales Tax1SST12014 06 03 RCA re SST and MFA.docx taxes that would be credited to State coffers. Consequently the State agreed to mitigate the losses experienced by the NICs and this was the genesis of the mitigation payments that have been made since the latter part of calendar year 2008. • The mitigation program was designed so that jurisdictions would receive mitigation payments until such time as their gains from SST met or exceeded their losses from the sourcing change. • Based upon the State assurance that losses would be mitigated, the NICs withdrew their opposition to the SST legislation. • SST mitigation payments began in the latter part of 2008 and receipts to our General Fund have thus far been: O 2008 $197,476 o 2009 $372,374 o 2010 $569,899 o 2011 $589,154 O 2012 $557,415 o 2013 $571,806 o 2014 $557,400 is budgeted • The recent McCleary decision by the Washington State Supreme Court which ruled that the State was not sufficiently financing K through 12 education has caused the legislature to seek additional sources of funding and this has been the genesis behind moves to reduce or eliminate a variety of State shared revenues including liquor profits and excise taxes and SST mitigation. It is currently estimated that the K12 funding shortfall in this next legislative session will be in excess of$2 Billion. • The Legislature will be looking to backfill the K12 education funding shortfall and we anticipate they may look toward the State shared revenues we have historically received. BACKGROUND -- Marketplace Fairness Act (MFA): • The Marketplace Fairness Act grants states the authority to compel online and catalog retailers, no matter where they are located, to collect sales tax at the time of a transaction —exactly as our own local retailers do. • However, states are granted this authority only after they have simplified their sales tax laws — and the State of Washington did so with the adoption of the Streamlined Sales and Use Tax Agreement (SSUTA). • The MFA has been approved by the U.S. Senate but the House has not yet taken action. • If/when the House approves this legislation it is expected that it will be a boon to the State of Washington as well as to a number of counties and cities, resulting in as much as several $100 millions of additional dollars flowing into state and municipal coffers. • The WA State Department of Revenue (DOR) has estimated that the City of Spokane Valley will realize $20,488,869 in additional sales as a result of the MFA which according to their calculation will provide an additional $204,300 in local sales tax collections. • My own calculations suggest that $20,488,869 in additional sales will generate $174,155 in local sales tax collections ($20,488,869 x .85% _ $174,155). Page 2 of 3 N.:4Tax Revenue4Sales Tax4SS712014 06 03 RCA re SST and MFA.docx Streamlined Sales Tax Mitigation Payments versus Marketplace Fairness Act Tax Increases There is a concern on the part of cities that receive SST Mitigation payments that if/when the MFA is approved by Congress, that the State Legislature will operate under the mistaken impression that the additional sales taxes received as a result of the MFA will completely mitigate our SST losses. The next logical step then could be the Legislature's elimination of the mitigation payments which they would then direct toward in-part, solving the McCleary K12 funding ruling. The reality for the City of Spokane Valley however is that we currently receive approximately $570,000 in SST mitigations payments each year, but the MFA is projected to produce only $174,000 to $204,000, leaving us with a deficit ranging from $366,000 to $396,000 each calendar year thereafter. OPTIONS: This topic is for discussion purposes only. City staff will continue to work with our lobbyist and AWC to oppose the elimination or reduction of all State shared revenues including SST mitigation. RECOMMENDED ACTION OR MOTION: None at this time. BUDGET/FINANCIAL IMPACTS: The City receives State shared revenues each year from a number of sources including SST mitigation ($570,000), liquor excise tax ($108,900) and liquor board profits ($813,300) that could be in danger of reduction or outright elimination in the Legislature's quest to resolve the McCleary K12 funding ruling. STAFF CONTACTS: Mark Calhoun ATTACHMENTS: Included here is information provided by Doug Levy of Outcomes by Levy, LLC, who lead a May 27, 2014 conference call of interested parties on the topic of potential revenue losses related to Streamlined Sales Tax and the Marketplace Fairness Act, and the McCleary decision. • Quick chronology/synopsis of SST mitigation payment program (2 pages) • Summary of mitigation payments (8 pages) • Marketplace Fairness Act (MFA) -- Estimate of state and local sales tax gain (1 page) • Explanation of 2014 Marketplace Fairness Act estimate (2 pages) • State Department of Revenue developed allocation of MFA remote sales to Washington counties and cities (11 pages) • State Department of Revenue developed allocation of MFA remote sales tax to Washington counties and cities (9 pages) Page 3 of 3 Quick Chronology/Synopsis of Streamlined Sales Tax(SST) Mitigation Payment Program • Washington and other states spent over a decade discussing and designing a "Streamlined Sales and Use Tax Agreement"(SSTA). • One of the drivers for the SSTA was to simplify and standardize state sales tax rules, definitions, and practices—with the idea that this simplification and standardization could help persuade Congress to enact legislation imposing sales tax on internet-based and catalogue transactions. • The Quill decision and others have made it clear that an Act of Congress is required to allow this imposition of sales tax on Internet and catalogue sales. • The SSTA states did analysis and determined that the increasing influence of sales over the Internet was causing significant leakage in sales tax revenues. In a 2003 Department of Revenue study directed by the Washington State Legislature,the DOR estimated annual sales tax losses of$191 million for the state and $59 million for local governments. • An early 2014 DOR estimate, based on gains with passage of the"Marketplace Fairness Act,"shows a biennial sales tax gain for the state of nearly$500 million ($493.2m)in 2015-17 and well over half a billion dollars($542.6m)in 2017-19. That same estimate shows biennial local government increases of$219.8 million for 2015-17 and$276.2 million for 2017-19. (Note: This was based on April 1,2014 MFA passage). • A key underpinning of the SSTA is the idea that sales tax is to be imposed on the final delivery of a good, which is critical if sales tax is to be imposed on Internet and catalogue sales. This is known as "destination-based sourcing"of sales. • However,Washington was among nearly half the states in the nation that had been "origin-based"in their treatment of sales taxes. At the local level,this means that the sales tax was traditionally credited to the jurisdiction that is the origin point of a good that is shipped from one place to another. • In 2003,the Legislature considered legislation to adopt several provisions of the SSTA—and did indeed adopt Senate Bill 5783(Chapter 168, Laws of 2003). However, based on significant concerns about what a local sales tax sourcing change might mean,the Legislature directed the DOR to undertake a comprehensive study of the impacts of a sourcing change. • The DOR's study,completed in December 2003,showed that more than 120 cities,counties,transit agencies,and Public Facility Districts(PFDs)would be negatively impacted by a local sales tax sourcing change from "origin-based"to"destination-based" with severe impacts to some. The study identified a series of different possible ways to mitigate the impacts of the sourcing change. • In 2004 and 2005,the Legislature debated—but did not adopt—SST legislation that included the local sales tax sourcing change. Fundamental disagreements among local governments—with some recommending partial mitigation and others insisting on full mitigation—precluded legislation from being adopted. • Heading into the 2006 Session of the Legislature,cities and counties coalesced around a"full mitigation" approach with regard to the SST,one endorsed and requested by then-Governor Gregoire. 2006 legislation was not enacted—but this was more over timing issues than substantive disagreement. • In 2007,the Legislature enacted SSB 5089,bringing Washington State in line with the national SSTA with respect to sourcing rules. The promise of a full mitigation approach was a key underpinning of the legislation,which clearly would not have been agreed to or adopted without such an approach. • The Governor and the Legislature made a strong commitment to SST full mitigation, based on the fact that the sourcing change was a major and fundamental change in local sales tax rules that had been in place for decades. The Legislature also recognized that mitigation was critical to the upkeep of numerous warehousing, distribution center,and industrial areas throughout the state. • The full mitigation was based on an "actual loss"and "actual experience"approach,and involved use of an advisory committee to work with the DOR on mitigation policies. • The mitigation program was designed so that jurisdictions would receive mitigation payments until such time as their gains from the"voluntary compliance" provisions of the SSTA(voluntary compliance is calculated frm sales tax accruing from voluntary sales tax collection by companies coming into the SSTA compact)met or exceeded their losses from the sourcing change. A DOR"Frequently Asked Questions" document from 2008 confirms this: "When a jurisdiction's voluntary compliance revenue exceeds its loss of local sales tax revenue, the jurisdiction will not receive mitigation." • The commitment to SST full mitigation was based on a well-thought-out policy passed by the Legislature and developed over the course of several years. That policy should not be abandoned because of temporary albeit severe budget and "McCleary" issues faced by the state. • Any adjustments to SST Mitigation should be minor and temporary,for that very reason. The 3.4% adjustment by the 2011 Legislature is an example. The Legislature, however,should not be taking permanent action to make significant SST Mitigation cuts, as this would fly in the face of policies carefully developed by local governments,the Governor,and lawmakers over the course of several years. • There is a common misperception that only a few cities are highly dependent on SST Mitigation payments. This is a misperception. In actuality,over two dozen cities depend on mitigation,as do some counties and transit agencies. The largest SST Mitigation recipient in the state is King County METRO(est..$6M annually),and King County general government,Sound Transit,Spokane Transit and Pierce Transit are all sizable recipients of SST Mitigation, • It is important to remember that the local governments receiving SST mitigation did nothing wrong. The mitigation program was designed to keep these jurisdictions as close to 'whole'as possible in the wake of a major and fundamental change in sales tax law that has profound impacts on numerous local communities and affects the likes of ports,industrial properties, local zoning decisions,etc. 0 Summary of Mitigation Payments March 31st, 2014 Payment for Quarter 4, 2013 Activity Location , Jurisdiction Mitigation payment 1 Ranking Jurisdiction Code ; type Net revenue impact made 1 IKING COUNTY METRO TRANSIT PTBA ($1,431,052,58)1 $ 1,431,052.581 2 KENT 1715 City ($1,241,163.10) $ 1,241,163,10, 3 'SOUND TRANSIT (Other (5700,262.22)1 $ 700,262,22 4 AUBURN 1702 (City ($496,026.62) $ 498,026.62 5 'KING COUNTY 1700 County ($302,868.45) $ 302,868.45 6 'TUKWILA 1729 City ($283,086,38) $ 283,066.38 7 1ISSAQUAH 1714 City ($198,823.08)1 5 198,823.08 8 1SPOKANE VALLEY 3213 City [ ($143,470.58) $ 143,470.58 9 ;FIFE 2706 City ($134,205.04)' $ 134,205.04 10 1WOODINVILLE 1735 City ($133,359.99) $ 133,359.99 11 1SUMNER 2716 (City ($107,301.58)' $ 107,301.58 12 'EVERETT 3105 City ($83,038.02) $ 83,038.02 13 _ 'LYNNWOOD 3110 City ($64,880.09) $ 64,880.09 14 'EVERETT TRANSIT SYSTEM 'PTBA ($59,313.45) $ 59,313.45 15 'SPOKANE COUNTY PTBA (PTBA ($47,768.93) $ 47,768.93 16 1PASCO ' 1104 City ($43,833.46) S 43,833.46 17 !PIERCE TRANSIT ' 'PTBA ($42,860.28) $ 42,860.28 18 'MARYSVILLE • 3111 1City ($40,406.37) $ 40,406.37 19 BURLINGTON 2902 'City ($34,223.70) $ 34,223.70 20 MONROE 3112 'City ($33,329.11) $ 33,329.11 21 1LYNDEN 3705 City ($26,425.31) $ 26,425.31 22 1TACOMA 2717 (City {$25,951.05) $ 25,951.05 23 FOOTBALL STADIUM 'Other ' ($25,697.92) $ 25,697.92 24 ARLINGTON 3101 'City ($24,875.82), $ 24,875.82 25 'MILTON 1731 'City ($24,031.75)' $ 24,031.75 1 26 10THELLO 0103 City ($23,901.47)' $ 23,901.47 27 1BELLEVUE 1704 City ($23,472.85) 5 23,472.85 28 'KIRKLAND 1716 City ' ($23,231.68) 5 23,231.68 29 FERNDALE 3704 'City ($16,902.37) $ 16,902,37 I 30 WENATCHEE 0405 'City ($15,262.49); $ 15,262.49 31 LIBERTY LAKE 3212 City ($14,274.47)1 5 14,274.47' 32 LAKEWOOD 2721 City (512,176.31)1 $ 12,176.311 33 SEDRO WOOLLEY 2908 City ($9,922.46)1 $ 9,922.46 34 PACIFIC 1723 City ' ($9,745.15)1 $ 9,745.15 35 !RIDGEFIELD 0604 City ($8,899.67) $ 8,899.67 36 HOQUIAM 1404 City ($6,260.83) $ 6,260.83 37 'KENMORE 1738 'City ($5,596.76) $ 5,596.76' 38 'CHEHALIS 2102 'City (54,689.68), $ 4,689.681 39 TOPPENISH 3910 'City (54,587.22) $ 4,587.22 40 COULEE CITY 1301 City (54,232.09). $ 4,232.09 41 1COLVILLE 3302 City ($3,124.97) $ 3,124.97' 42 LONG BEACH 2502 'City ($2,450.74) $ 2,450.741 43 I DEER PARK 3203 (City ($2,439.16) $ 2,439.181 44 ST.JOHN l 3814 City ($2,140.66) $ 2,140.66' 45 ALGONA 1701 City ' ($2,076.40) $ 2,076.40 46 MOXEE CITY 3905 'City ($2,070.61) $ 2,070.61 *Jurisdiction had a loss but it was less than $25 so they did not receive a payment. 1 Department of Revenue Summary of Mitigation Payments March 31st, 2014 Payment for Quarter 4, 2013 Activity Ranking ; Jurisdiction Location Jurisdiction Net revenue impact Mitigation payment Code type I made 47 !NOOKSACK 3706 City ($1,892.04)1 $ 1,892.04 48 1FAIRFIELD 3204 1City ($1,850.05)1 $ 1,850.051 49 'CLARK COUNTY 600 ;County ($1,818.14)1! $ 1,818,14! 50 ;ELMA 1403 !City ($1,797.95)1 $ 1,797.95' 51 :UNION GAP 3911 ,City ($1,314.55) $ 1,314.55 52 'SUNNYSIDE 3908 'City ($1,046.04)' $ 1,046.04 53 ,MORTON 2103 !City ($793.95) $ 793.95 54 1LATAH 3205 'City ($776.53)1 $ 776.53. 55 UNION GAP TRANSIT 'PTBA ($372.12)1 $ 372,12 56 :WOODLAND 0805 'City ($282.00)1 $ 282.001 57 ;LACROSSE 3807 'City ($94.23)1 $ 94.23' 58 1HARRINGTON 1 2204 'City ($57,97)1 $ 57.97! 59 'UNIONTOWN 1 3816 !City ($56.11)1 $ 56.11 60 METALINE 2603 'City ($31.74)1 $ 31.74! Total Jurisdictions Receiving Payments ($5,957,876.36) $ 5,957,876.36 1 (SEATTLE ( 1726 City $422,939.931 - 2 WHATCOM COUNTY 3700 County $147,857.371 - 3 !KITSAP COUNTY PTBA (PTBA 1 $145,547.84! - 4 !COMMUNITY TRANSIT ,PTBA $131,456.74' - 5 1BENTON COUNTY ! 300 ;County $131,425.42, - 6 1KITSAP COUNTY 1800 County $125,462.771 - 7 !THURSTON COUNTY 3400 ;County $123,865.311 - 8 FTHURSTON COUNTY PTBA ,PTBA $109,009.02! 9 4BEN-FRANKLIN TRANSIT PTBA $106,453.52, - 10 SNOHOMISHCOUNTY 3100 County ! $94,495.11! - 11I,OLYMPIA 3403 City $91,262.49; - 12 GRANT COUNTY 1300 !County [ $86,157.141 - 13 1ISLAND COUNTY 1500 !County $82,733.061 - 14 ;RICHLAND 0304 1City $81,649.171 - 15 KENNEWICK 0302 ,City $77,023.94; 16 ,YAKIMA COUNTY 3900 ;County $75,637.461 - 17 WHATCOMTRANSITAUTHORITY (PTBA $64,787.23 - 18 1KITTITAS COUNTY 1900 'County $64,588.69. - 19 ISNOHOMISH CITY 3115 'City $62,670.34 - 20 ;CLALLAM COUNTY 500 'County $56,491.081 - 21 !ISLAND COUNTY PTBA 'PTBA $56,444.99! - 22 !BREMERTON 1801 !City $51,251.42! 23 ;LEWIS COUNTY 2100 'County $49,460.29! - 24 1CLALLAM TRANSIT 'PTBA $47,931.01. - 25 BOTHELL j 1706 City $46,886.73', - 26 ;MERCER ISLAND 1719 'City ! $45,766.53 - 27 GIG HARBOR 2708 'City $42,362.63: 28 1PUYALLUP 2711 (City $42,007.83 29 1SAMMAMISH 1739 'City $41,584.87: - 30 MASON COUNTY 2300 County $41,515.69 - *Jurisdiction had a loss but it was less than $25 so they did not receive a payment. 2 Department of Revenue Summary of Mitigation Payments March 31st, 2014 Payment for Quarter 4, 2013 Activity Location I Jurisdiction ! P Mitigation payment 1 Ranking i Jurisdiction Code ; type Net revenue impact made 31 'EDMONDS 3104 City $41,257.221 -' 32 ILACEY 3402 City $41,200.531 - 33 iPORTANGELES 0502 'City $37,941.221 - 34 !FEDERAL WAY 1732 1City ( $36,742.971 - 35 'PULLMAN 3812 City $36,589.171 - 36 ;OKANOGAN COUNTY 2400 'County $35,964.301, - 37 IBLAINE 3702 City $35,824.051 - 38 FEAST WENATCHEE 0902 City $35,820.711 - 39 ISKAGIT COUNTY . 2900 (County $34,498.711 - 40 1SNOQUALMIE 1728 (City $34,441.241 - 41 ,PIERCE COUNTY ' 2700 County ' 632,360.111 42 ;OAK HARBOR $ 1503 'City $30,880.531 - 43 ;GRAYS HARBOR COUNTY 1400 'County $30,733.671 44 STEVENS COUNTY 3300 (County $30,539.62; , 45 !REDMOND 1724 'City $29,608.87 46 !BAINBRIDGE ISLAND 1804 'City $29,441.481 - 47 ;WALLA WALLA COUNTY 3600 'County $29,019.09, - 48 MASON COUNTY PTBA 'PTBA $29,011.68: - 49 JEFFERSON COUNTY 1600 'County $27,512.481 - 50 CLARK COUNTY PTBA (PTBA $27,296.52! _ 51 CHELAN DOUGLAS TRANSIT 'PTBA $27,065.841 - 52 1COWLITZ COUNTY 800 'County $26,900.08' 53 SHELTON 2301 'City $26,091.49` - 54 GRANT TRANSIT 'PTBA $25,759.53',! - 55 WHITMAN COUNTY 3800 'County $25,487.4811 56 'PORT TOWNSEND ' 1601 'City $25,223.921 57 'MAPLE VALLEY 1720 City ' $24,422.86' 58 'DOUGLAS COUNTY900 'county $24,068.47' 59 SAN JUAN COUNTY 2800 'County $23,626.54! - 60 ` JEFFERSON COUNTY PTBA 'PTBA $22,974.97! - 61 QUINCY 1310 'City $22,887.171 - 62 ELLENSBURG 1902 'City $22,472.611 63 -'SEATAC 1733 'CIty $22,426.101 - 64 - 'RENTON 1725 'City ( $22,207.061 65 'ANACORTES 2901 'City $21,813.651 - 66 'GRAYS HARBOR TRANSIT 'PTBA $21,606.67 - 67 'SHORELINE 1737 'City ' $20,902.44, - 68 'SELAH 3907 'City $20,698.581 - 69 'SPOKANE COUNTY 3200 'County ' $20,408.57: - 70 'CHELAN COUNTY 400 'County $20,078.40. - 71 'MUKILTEO 3114 'City $20,073.39'! - 72 'PROSSER 0303 'City $19,951.05'. 73 'ADAMS COUNTY 100 ''County $19,156.63 74 !POULSBO 1803 City $18,872.86 75 'MOUNTLAKE TERRACE 3113 City $18,492.10 - 76 IBELLINGHAM 3701 'City $18,466.731 *Jurisdiction had a loss but it was less than$25 so they did not receive a payment. 3 Department of Revenue Summary of Mitigation Payments March 31st, 2014 Payment for Quarter 4, 2013 Activity Ranking Jurisdiction Location Jurisdiction Net revenue impact Mitigation payment Code type made 77 STANW00D 3116 City $18,138.701. - 78 'PEND OREILLE COUNTY 2600 1County $17,711.441 - 79 PACIFIC COUNTY 2500 County $17,127.301 - 80 !WALLA WALLA CITY I 3604 City $17,097.71. - 81 EPHRATA 1303 City $16,751.651 - 82 ENUMCLAW 1711 ',City $16,290.191 - 83 LONGVIEW 0804 ;City 516,139.791 - 84 'BATTLE GROUND 0601 ;City $15,943.321 85 SPOKANE CITY 3210 ;City $15,445.94; 86 1LINCOLN COUNTY 2200 County $14,966.51; 87 CENTRALIA 2101 City $14,705.671 88 WEST RICHLAND 0305 ,City $14,059.38; - 89 !MOSES LAKE 1309 ,City $13,851.65 - 90 ;FRANKLIN COUNTY 1100 County $13,743.47'; - 91 !KLICKITAT COUNTY 2000 ,County $13,027.85 - 92 FERRY COUNTY 1000 !County $12,645.73; - 93 SEQUIM 0503 City $12,625.291 - 94 TUMWATER 3406 ;City $12,563.331 95 DUVALL 1710 City $12,549,00' 96 :VANCOUVER 0605 !City $12,357.051 97 LAKE STEVENS 3109 City $12,166.121 - 98 NORTH BEND 1722 `City $11,833.46' - 99 ,CAMAS 0802 City $11,561.181 - 100 PORT ORCHARD 1802 1CIty $11,486.701 - 101 COVINGTON 1712 ,City $11,461.96; 102 MEDINA 1718 City $11,409.281 103 'CHELAN CITY 0402 City 511,354.361 - 104 1STEILACOOM [ 2715 ;City $11,197.851 - 105 DUPONT I 2704 ;City $11,022.331 - 106 UNIVERSITY PLACE 2719 City $10,815.15 - 107 CLARKSTON 0202 City $10,090.481 108 WAPATO J 3912 City $9,893.23; 109 BENTON CITY 0301 City $9,679.77] 110 !MATTAWA 1308 !City • $9,213.75' 111 WASHOUGAL 0606 (City $9,129.143 112 ;COLLEGE PLACE 3601 ,City 59,096.691 - 113 ROYAL CITY 1311 (City $8,898.441 - 114 BURIEN 1734 1CIty $8,799.65'.. - 115 MOUNT VERNON 2907 City $8,730.591 - 116 MONTESANO 1406 City $8,564.021 - 117 COUPEVILLE 1501 ICity $8,542.59; - 118 •BREWSTER 2401 (City J $8,380.611 - 119 ZILLAH 3914 iCity $8,347.80 120 DES MOINES 1709 City $8,266.723 121 ORTING 2710 City $7,911.78' 122 CLE ELUM ! 1901 1City $7,647.58' - *Jurisdiction had a loss but it was less than$25 so they did not receive a payment. 4 Department of Revenue Summary of Mitigation Payments March 31st, 2014 Payment for Quarter 4, 2013 Activity Location I Jurisdiction Mitigation payment Ranking Jurisdiction Code I type Net revenue impact ! made 123 !COLUMBIA COUNTY 1 700 County $7,365.841 - 124 IOROVILLE 2408 City $7,263.411 - 125 iGOLDENDALE 2002 1CIty $7,194,401 - 126 ILANGLEY 1502 !City $7,068.341 - 127 'SELAH TRANSIT 1PTBA $7,044.661 - 128 !COLFAX 3802 City $6,992.751 - 129 1YELM 3407 City $6,870.67 - 130 JKALAMA 0802 'City $6,783.231 - 131 1YAKIMA CITY 3913 !City $6,675.181 - 132 1ASOTIN COUNTY 200 !County $6,601.281 - 133 IFIRCREST 2707 !City $6,578.891 - 134 !BUCKLEY 2702 !City ! $6,517.42! - 135 :PACIFIC TRANSIT SYSTEM 1PTBA $6,508.571 - 136 !CONNELL 1101 !City $6,485.101 - 137 ;NEWPORT 2605 !City $6,434.541 138 MESA 1103 City $6,192.54$ - 139 NORMANDY PARK 1721 City $6,001.091 - 140 OMAK 2407 City ' $5,990.451 - 141 ;CASHMERE 0401 City $5,977.541 - 142 'CLYDE HILL 1708 City $5,711.491 -! 143 'EATONVILLE 2705 City $5,663.771 144 ILA CONNER 2905 City $5,532.26; - 145 !VALLEY TRANSIT PTBA $5,307.91 146 WARDEN 1313 City $5,233.87! - 147 TENINO 3405 City $5,089.671 148 !MILL CREEK 3119 City $5,068.811 149 !NEWCASTLE 1736 City $5,060.48! 150 !BEAUX ARTS VILLAGE1703 ;City $5,027.411 - 151 'SKAGIT PTBA 1PTBA $4,978.77', - 152 'EVERSON 3703 'City $4,907.02;" - 153 !BLACK DIAMOND 1705 ,City $4,519.37! - 154 1WESTPORT 1408 'City $4,480.36! I 155 SULTAN 3117 !City $4,405.02? - 156 1MABTON 3904 'City $4,311.341 157 !BRIER 3102 !City $4,289.301 - 158 ICHEWELAH 3301 !City $4,256.32! - 159 ITWISP 2412 ;City $4,249.96! - . 160 BONNEY LAKE 2701 City $4,213.45! 161 NAPAVINE 2105 !City $4,189.571 162 OCEAN SHORES 1409 City $4,187.76, - 163 KETTLE FALLS 3303 City $4,090.91; - 164 !AUTHORITY 1PTBA $4,061.59; -t 165 •!ROY 2712 'City ! $4,007.90 - 166 CONCRETE 2903 !City 1 $3,991.33' 167 IASOTIN COUNTY PTBA IPTBA $3,930.88;'' - 168 !REPUBLIC 1001 City ! $3,883.79' -! *Jurisdiction had a loss but it was less than $25 so they did not receive a payment. 5 Department of Revenue Summary of Mitigation Payments March 31st, 2014 Payment for Quarter 4, 2013 Activity Location ° Jurisdiction ! + Mitigation payment Ranking Jurisdiction Code type Net revenue impact made 169 CARNATION 1707 'City 53,788.301 - 170 KITTITAS CITY 1903 ;City 53,787.44; - 171 ;RAYMOND 2503 ]City $3,776.26`, 172 'GRANITE FALLS 3107 City 53,766.20, - 173 ,WAHKIAKUM COUNTY 3500 1County $3,727.521 . 174 FORKS 0501 ;City 53,696.96', 175 KELSO 0803 ;City 53,676.691 - 176 TONASKET 2411 'City $3,620.36] - 177 DAVENPORT 2203 City $3,600.12? - 178 SUMAS 3707 ,City $3,590.02. - 179 DAYTON 0701 City $3,550.761 - I 180 TI ETON 3909 City 53,537.651 - 181 GRANGER 3902 City 53,437.731 - 182 DARRINGTON 3103 1City j $3,342.01' 183 ROSLYN 1904 City $3,312.81 - 184 EDGEWOOD 2720 City $3,148,18! 185 :SOUTH BEND 2504 City $3,092.33; - 186 iCATHLAMET 3501 ;City $3,055.24', - 187 MCCLEARY 1405 ;City $3,046.591 - 188 ;LAKE FOREST PARK 1717 City $3,024.281' - 189 SKAMANIA COUNTY 3000 County $2,976.561 190 YARROW POINT 1730 City $2,804.59' 191 .RUSTON 2713 City 52,797.23; 192 ]RAINIER 3404 City $2,782.28 - 193 COWLITZ TRANSIT AUTHORITY PTBA $2,589.17 - 194 ICASTLE ROCK 0801 City j 52,554.20' - 195 PRESCOTT 3602 City $2,544.29 - 196 'ENTIAT 0403 City $2,466.901 - 197 TOLEDO j 2107 City $2,435.37 - 198 HARRAH 3903 City $2,413.581 - 199 WHITE SALMON 2003 ;CIty i $2,403.31 - 200 LEAVENWORTH 0404 City $2,376.04 - 201 ROSALIA 3813 City $2,348.08' - 202 ]GEORGE 1304 City $2,328.88 i - 203 ,WOODWAY 3118 City ] $2,318,071 - 204 LA CENTER 0603 'City l $2,236.871 - 205 CHENEY 3202 'City $2,131.04` - 206 ILWACO 2501 1City $2,122.37` - 207 'RITZVILLE 0104 (City $2,090.251,, - 208 WINTHROP 2413 (City $2,067.67 - 209 LEWIS PTBA ,PTEA $2,005.551 - 210 GRANDVIEW 3901 City $1,977.921 - 211 BRIDGEPORT 0901 City $1,975.951 - 212 PATEROS 2409 City $1,955.521 - 213 'SOAP LAKE 1312 City $1,881.761 - 214 METALINE FALLS 2604 City $1,847.51 I - *Jurisdiction had a loss but it was less than $25 so they did not receive a payment. 6 Department of Revenue Summary of Mitigation Payments March 31st, 2014 Payment for Quarter 4, 2013 Activity Ranking Jurisdiction Location Jurisdiction Net revenue impact Mitigation payment Code type i 1 made 215 ABERDEEN 1401 City 31,834.04, - 216 !tONE 2602 (City I $1,819.261 - 217 SKYKOMISH 1727 !City $1,731,041 - 218 1YACOLT 0607 City $1,715,151 - 219 'GOLD BAR J 3106 !City $1,699.631 - 220 !GRAND COULEE 1305 !City $1,665.151 -1 221 !SPOKANE PUBLIC FACILITY !Other $1,630.571 222 1LIND 0102 !City $1,572.351 - 223 1NACHES 3906 (City $1,559.261 - 224 WATERVILLE 0905 (City $1,538.261 - 225 WINLOCK 2109 City $1,536.301 - 226 ODESSA 2205 !City $1,480.18 227 1GARFIELD COUNTY 1200 !County ' $1,420.16 228 FRIDAY HARBOR 2801 'City $1,368.11 229 WILBUR 1 2208 City $1,266.81 - 230 1BINGEN 2001 !City $1,244.18 - 231 !TEKOA 3815 !City $1,155,361 - 232 !OAKVILLE 1407 City 31,145.55; - 233 'HUNTS POINT 1 1713 City $1,124.62j 234 1REARDAN 2206 City $998.021 235 1 WAITSBURG 3603 City 1 $978.55 - 236 (COWLITZ PFD COLUMBIA THEATRE Other 5938.401 - 237 YAKIMA TRANSIT PTBA $929.26' - 238 STEVENSON 3002 ;City $909.15 - 239 'MANSFIELD ! 0903 'City ! $907.26 240 'ELECTRIC CITY 1302 City $841.16 241 1ASOTIN CITY 0201 iCity $818.541 - 242 ' 'PALOUSE3811 ;City $799.38 243 1COSMOPOLIS 1402 !City $792.59 - 244 !SOUTH CLE ELUM 1905 !City $786.05 - 245 'POMEROY 1201 !City $764.15 - 246 !COULEE DAM 2403 City $754.17 - 247 SOUTH PRAIRIE 2714 City $745.74 - 248 HAMILTON 2904 City $724.141 - 249 'CUSICK 2601 City $720.991 - 250 !CARBONADO 2703 !City 1 $685.93! - 251 'NORTHPORT 3305 City $683.821 - 252 ,MOSSYROCK 2104 City $668.341 - 253 1SPRINGDALE 3306 !City 5651.431 - 254 !BUCODA 3401 !City $635.721 255 CRESTON 2202 !City $629.26 - 256 YAKIMA PFD CAPITOL THEATRE !Other $624.22 - 257 ALMIRA 2201 City $610.95 - 258 AIRWAY HEIGHTS 3201 !City $600.74 - 259 .WILKESON 2718 !City 1I $590.74 - 260 :COLTON 3803 !City # 3588.57 - *Jurisdiction had a loss but it was less than$25 so they did not receive a payment. 7 Department of Revenue Summary of Mitigation Payments March 31st, 2014 Payment for Quarter 4, 2013 Activity Location � Jurisdiction ' Mitigation payment Ranking Jurisdiction Code type Net revenue impact made 261 ENDICOTT 3804 ;City I $514.60' - 262 'GARFIELD 3806 ;City $506.901 - 263 OKANOGAN CITY 2406 1CIty $500.871 - 264 'PE ELL 2106 1C1ty $500.541 - 265 WASHTUCNA 0105 1City $460.00; - 266 LYMAN 2906 1City $412.041 1FARMINGTON 3805 !City $407.881 - 268 HARTLINE 1306 City $407,431 269 !SPRAGUE 2207 'City $393.341 - 270 'ROCK ISLAND 0904 1City $392.07! - 271 !WILSON CREEK 1315 City $376.301 - 272 !NORTH BONNEVILLE J 3001 ;City 3375.06E - 273 !RIVERSIDE 2410 ;City $363.261 - I 274 1KAHLOTUS 1102 ;City $354.341 - 275 !HATTON 0101 !City $335.931, - 276 1VADER2108 !City $324.16; - 277 NESPELEM 2405 ;City $203.96 - 278 1CONCONULLY 2402 'City I $179.28; - 279 MALDEN 3809 'City I $161.221 -1 280 1MEDICAL LAKE 3206 !City $135.311 - 281 'LAMONT 3808 !City $133.61; -I 282 MARCUS 3304 City $129.03! 283 'INDEX 3108 ,City $112.34. - 284 10AKESDALE 3810 'City $109.99; - 285 'ELMERCITY 2404 :City I $109.221 - 286 :M I L LWOOD 3207 1 Clty $79.95! - 287 �STARBUCK 0702 City $61.85 288 1ROCKFORD 3208 '.City $11.751 - 289 ;SPANGLE 3209 'City $9.97! 290 1KRUPP 1307 ;City $3.81' - 291 'WAVERLY 3211 'City $0.861 - 292 ,ALBION* 3801 'City I ($23.27); - 1 Total Jurisdictions Not Receiving Payments $4,986,924.65` $ - I I INet Sourcing Impacts(Includes Reductions for Voluntary Compliance) ($970,951.71) I *Jurisdiction had a loss but it was less than $25 so they did not receive a payment. 8 Department of Revenue Marketplace Fairness Act (MFA) - Estimate of State and Local Sales Tax Gain July 1,2014 effective date' (All E's in Millions) 2013-15 - 2015-17 2017-19 FY 2015' Biennium FY 2016 FY 2017 2 Biennium FY 2018 FY 2019 Biennium WA Remote Sales Estimate-Total Loss 3 State Sales Tax $314.9 $314.9 $346.0 $378.7 $724.7 $405.0 $433.1 $838.1 Local Sales Tax $118.8 $118.8 $130.6 $143.0 $273.5 $152.9 $163.5 $316.3 Total WA Remote Sales Loss $433.7 $433.7 $476.6 $521.7 $998.3 $557.9 $596.5 $1,154.4 Less: Small Seller Exemption of 51.000,000 (3%)4 ($11.9) ($11.9) ($14.3) ($15.7) (529.9) ($16.7) ($17.9) ($34.6) Total Potential WA Remote Sales Revenue $421.8 $421.8 $462.3 $506.0 $968.3 $541.1 $578.6 $1,119.8 Application of Compliance Factor: Medium-Large Businesses 50% 75% 90% 90% 90% Net LOCAL Sales Tax Gain $52.8 $52.8 $95.0 $124.8 $219.8 $133.5 $142.7 $276.2 Vendor Compensation ($1.5) ($1.5) ($1.5) ($87.6) ($89.1) ($92.7) ($96.3) ($189.0) Net STATE Sales Tax Gain $138.5 $138.5 $250.2 $243.0 $493.2 $260.8 $281.8 $542.6 Total Gain State& Local $191.3 $191.3 $345.2 $367.8 $713.0 $394.3 $424.5 $818.7 Notes: Estimate updated by Research&Fiscal Analysis, Washington Department of Revenue, February 2014. Assumes passage of legislation by April 1,2014 with collections beginning July 1,2014. Remote sales figures shown in gray represent 12 months of loss. "Gain" figures represent 11 months of cash collections for FY 2015 and 12 months thereafter. 2 Assumes vendor compensation is required for new remote sellers only for up to 2 years,compensation for all retailers starts in FY 2017. This estimate does not include remote sales made by individual persons on market place platforms. a Small Seller Exemption: Exempts firms with less than$1,000,000 in National gross remote sales;representing 3%of the total remote sale loss.(Source: 2012 Internet Top 500 E-Retailers). Explanation of 2014 Marketplace Fairness Act estimate 2012 estimate The estimate provided in November of 2012 indicated a net state general fund sales tax gain of$383.7 million for the 2013-15 Biennium and$631.2 million for the 2015-17 Biennium. 2014 estimate The new estimate indicates a net state general fund sales tax gain of$138.5 million for the 2013-15 Biennium and $493.2 million for the 2015-17 Biennium. Key reasons for 1. A shift in the timing of the effective date of any federal legislation: the difference a. An assumed effective date of July 1,2014, resulting in no revenue for Fiscal Year 2014 and 11 months of collections in Fiscal Year 2015. b. Fiscal Year 2015 compliance of 50%, as this is the new"first year" of collections, 75% compliance in Fiscal Year 2016, and 90% compliance in Fiscal Year 2017 and thereafter. 2. New data that impact both the remote sales loss and the net state gain: a. 2011 Census and E-Stats data, and b. 2012 Internet Top 500 E-Retailers. 3. Updated assumptions that impact the remote sales loss (base $'s): a. A factor that increases the base: i. Slightly increased growth rates averaging 11%between FY 2014 and FY 2019--E-commerce is far outpacing overall retail sales growth. b. Factors that decrease the base: i. Increased nexus percentage from 74%to just over 79% (this means a greater percentage of the remote sellers already have nexus with Washington and are registered and reporting to the Department). ii, Decreased percentage for catalog and phone sales made by major e-retailers, as this segment of the market continues to decrease. Adding an international component to remote sales. Some of the larger firms are experiencing tremendous growth outside of the United States market. Continued on next page 1 Explanation of 2014 Marketplace Fairness Act estimate, Continued Key reasons for 4. Updated assumptions that impact the net state sales tax gain: the difference, a. Reduced percentage of"small"remote sellers (from 6% to 3%)based continued on analysis of new Top 500 E-Retailers data showing that firms with sales in excess of$1,000,0001year represent about 97% of total S's. b. Eliminated separate compliance factors for small sellers, since they will all fall below the small seller exemption threshold. c. Expanded data that shows most remote sales (in$ terms) are attributable to a relatively small number of companies. The top 10 largest e-retailers account for almost 50% of all e-commerce. It would take nearly 5,600 separate firms with annual gross sales of$20 million to equal the sales of the top 10 firms. Currently less than 500 such firms exist. Speaking Points Key speaking points for the differences: • The timing of federal legislation pushes out the effective date, reducing revenues in the current biennium. • Data shows an increase in remote sellers with Washington registration and reporting due to our robust enforcement and education efforts, so we are already collecting a high percentage of this revenue. • The increasing reliance by e-retailers on international markets as a driver of sales growth, resulting in a lower overall percentage of sales attributable to Washington residents. Revenue State General Fund Impacts ($ millions): Impact Fiscal Year 2013-15 Fiscal Year Fiscal Year 2015-17 2017-19 2015 Biennium 2016 2017 Biennium Biennium $138.5 $138.5 $250.2 $243,0 $493.2 $542.6 Local Impacts ($ millions): Fiscal Year 2013-15 Fiscal Year Fiscal Year 2015-17 I 2017-19 2015 Biennium 2016 2017 Biennium Biennium $52.8 $52.8 $95.0 $124.8 $219.8 $276.2 Notes: • Estimates assume passage of federal legislation by April 1, 2014. • Estimates assume a July 1, 2014 effective date, representing 11 months of collections for FY 2015. 2 The following worksheets provide an analysis on how potential taxable remote sales were distributed to each jurisdiction.This file is intended to be provided along with "FINAL_Local Estimate_Results_20131120.xIsx",which shows the total potential revenue for each location. For counties the taxable remote sales is based on the following: -Sales of 20 online firms which currently collect sales tax -Wages - Personal income Each of the above factors are weighted equally and represents one-third of the total calculation for counties. For cities the taxable remote sales is based on the following: -Sales of 20 online firms which currently collect sales tax -Wages Each of the above factors are weighted equally and represents one-half of the total calculation for cities. The taxable remote sales for cities is based on the calculated remote sales for counties,and is distributed to cities based on the 20 online firms which currently collect sales tax for each county, and also the wages for each county. Data sources: -The sales of 20 online firms which currently collect sales tax is based on Department of Revenue tax returns. -Wage data is based on data from Washington State Employment Security Department. - Personal income data is based on data collected from the Bureau of Economic Analysis's table titled "CA1-3 Personal Income Summary". Allocation of MFA remote sales to Washington counties Percent of Percent of Percent of County Online sales of 20 Top 20 Wages State 2011 Personal Personal Overall FY 2015 New firms 2010-2012 Income(000'5) Factor Remote Sales Remote Sales wages Income Adams 3,791,498 0.13% 223,776,089 0.16% 603,223 0.20% 0.17% 3,556,162 Asotin 6,447,914 0.22% 168,526,681 0.12% 772,703 0.26% 0.20% 4,331,481 Benton 59,073,826 2.04% 3,623,510,630 2.64% 7,172,962 2.39% 2.36% 50,792,665 Chelan 23,554,960 0.81% 1,222,769,167 0.89% 2,764,115 0.92% 0.88% 18,860,653 Clallam 27,363,452 0.94% 680,255,190 0.50% 2,596,047 0.87% 0.77% 16,562,590 Clark 114,320,474 3.95% 5,165,445,662 3.77% 16,337,847 5.45% 4.39% 94,512,772 Columbia 1,390,491 0.05% 34,757,461 0.03% 159,000 0.05% 0.04% 907,501 Cowlitz 25,038,657 0.86% 1,431,306,029 1.04% 3,341,482 1.11% 1.01% 21,703,008 Douglas 17,997,048 0.62% 287,222,678 0.21% 1,188,610 0.40% 0.41% 8,812,065 Ferry 2,746,514 0.09% 52,730,966 0.04% 202,626 0,07% 0.07% 1,442,238 Franklin 15,392,398 033% 928,548,170 0.68% 2,479,492 0.83% 0.68% 14,615,359 Garfield 594,438 0.02% 15,270,749 0.01% 81,429 0.03% 0.02% 422,347 Grant 22,821,729 0.79% 1,067,698,680 0.78% 2,829,145 0.94% 0.84% 18,022,996 Grays Harbor 21,649,884 0.75% 650,881,194 0.47% 2,202,146 0.73% 0.65% 14,048,887 Island 35,315,550 1.22% 412,068,593 0.30% 3,022,032 1.01% 0.84% 18,150,605 Jefferson 14,482,477 0.50% 227,587,090 0.17% 1,254,416 0.42% 0.36% 7,786,290 King 1,257,494,623 43.42% 72,328,423,179 52.74% 113,922,436 38.01% 44.73% 963,203,261 Kitsap 101,003,645 3.49% 2,520,151,348 1.84% 10,842,161 3.62% 2.98% 64,201,211 Kittitas 14,720,050 0.51% 416,703,202 0.30% 1,375,042 0.46% 0.42% 9,123,996 Klickitat ' 6,622,408 0.23% 238,323,854 0.17% 797,443 0.27% 0.22% 4,799,330 Lewis 19,950,426 0.69% 778,930,797 0.57% 2,367,518 0.79% 0.68% 14,693,955 Lincoln 3,417,948 0.12% 75,671,694 0.06% 371,540 0.12% 0,10% 2,133,382 Mason 17,348,519 0.60% 432,383,613 0.32% 1,851,604 0.62% 0.51% 10,999,233 Okanogan 14,017,185 0.48% 361,240,856 0.26% 1,466,319 0.49% 0.41% 8,878,103 Pacific 6,799,124 0.23% 153,914,775 0.11% 683,332 0.23% 0.19% 4,127,985 Pend Oreille 3,139,222 0.11% 68,058,117 0.05% 395,339 0.13% 0.10% 2,081,443 Pierce 259,111,090 8.95% 10,360,787,174 7.55% 33,117,849 11.05% 9.18% 197,794,746 San Juan 12,257,056 0.42% 146,861,566 0.11% 830,842 0.28% 0.27% 5,797,442 Skagit 40,752,888 1.41% 1,678,717,653 1.22% 4,552,329 1.52% 1.38% 29,794,050 Skamania 2,618,862 0.09% 70,638,112 0.05% 377,292 0.13% 0.09% 1,922,719 Snohomish 272,453,770 9.41% 13,138,992,712 9.58% 31,266,357 10.43% 9.81% 211,208,862 Spokane 154,083,175 5.32% 7,058,686,386 5.15% 17,027,067 5.68% 5.38% 115,930,456 Stevens 11,341,508 0.39% 237,055,577 0.17% 1,242,192 0.41% 0.33% 7,027,919 Thurston 97,430,004 3.36% 3,368,056,226 2.46% 10,584,595 3.53% 3.12% 67,136,385 Wahkiakum 1,189,839 0.04% 19,414,940 0.01% 128,915 0.04% 0.03% 705,388 Walla Walla 19,179,349 0.66% 757,928,509 0.55% 2,102,032 0.70% 0.64% 13,756,926 Whatcom 120,929,686 4.18% 3,023,799,136 2.20% 7,759,117 2.59% 2.99% 64,391,898 Whitman 20,509,492 0.71% 609,443,841 0.44% 1,369,413 0.46% 0.54% 11,554,554 Yakima 47,442,834 1.64% 3,114,724,179 2.27% 8,247,254 2.75% 2.22% 47,819,641 2,895,794,013 100% 137,151,262,475 100% 299,685,263 100% 100% 2,153,610,504 Washington State Department of Revenue,Research and Fiscal Analysis March 5,2014 Page 1 of 1 Allocation of MFA remote sales to Washington cities and unincorporated areas Percent of Total FY 2015 New County Location Online sales of 20 County Online Sales of Percent of Sales Wages County wages Wages from Overall Remote Sales in FY 2015 New firms 2010-2012 20 Firms 2010-2012 from County Factor Remote Sales County County Adams Adams Unincorporated 320,219 3,791,498 8.4% 43,993,203 223,776,089 193% 14.1% 3,556,162 499,733 Adams Hatton 71,871 3,791,498 1.9% - 223,776,089 0.0% 0.9% 3,556,162 33,705 Adams Lind 151,126 3,791,498 4.0% 2,174,832 223,776,089 1.0% 2.5% 3,556,162 88,154 Adams Othello 2,351,604 3,791,498 62.0% 148,392,535 223,776,089 66.3% 64.2% 3,556,162 2,281,919 Adams Ritzville 781,840 3,791,498 20.6% 28,976,052 223,776,089 12.9% 16.8% 3,556,162 596,894 Adams Washtucna 114,838 3,791,498 3.0% 239,467 223,776,089 0.1% 1.6% 3,556,162 55,758 Asotin Asotin Unincorporated 1,172,261 6,447,914 18.2% 27,157,280 168,526,681 16.1% 17.1% 4,331,481 742,741 Asotin Asotin 363,054 6,447,914 5.6% 10,918,163 168,526,681 6.5% 6.1% 4,331,481 262,253 Asotin Clarkston 4,912,599 6,447,914 76.2% 130,451,238 168,526,681 77.4% 76.8% 4,331,481 3,326,488 Benton Benton Unincorporated 3,207,869 59,073,826 5.4% 424,154,194 3,623,510,630 11.7% 8.6% 50,792,665 4,351,887 Benton Benton City 1,754,080 59,073,826 3.0% 12,691,167 3,623,510,630 0.4% 1.7% 50,792,665 843,043 Benton Kennewick 26,000,029 59,073,826 44.0% 964,851,989 3,623,510,630 26.6% 35.3% 50,792,665 17,940,051 Benton Prosser 2,932,992 59,073,826 5.0% 125,565,741 3,623,510,630 3.5% 4.2% 50,792,665 2,140,979 Benton Richland 20,568,628 59,073,826 34.8% 2,074,864,562 3,623,510,630 57.3% 46.0% 50,792,665 23,384,863 Benton West Richland 4,610,228 59,073,826 7.8% 21,382,977 3,623,510,630 0.6% 4.2% 50,792,665 2,131,844 Chelan Chelan Unincorporated 4,257,957 23,554,960 18.1% 352,157,727 1,222,769,167 28.8% 23.4% 18,860,653 4,420,626 Chelan Cashmere 1,469,797 23,554,960 6.2% 53,431,123 1,222,769,167 4.4% 5.3% 18,860,653 1,000,515 Chelan Chelan 1,790,508 23,554,960 7.6% 63,992,930 1,222,769,167 5.2% 6.4% 18,860,653 1,210,368 Chelan Entiat 438,882 23,554,960 1.9% 11,907,207 1,222,769,167 1.0% 1.4% 18,860,653 267,540 Chelan Leavenworth 2,249,601 23,554,960 9.6% 42,921,639 1,222,769,167 3.5% 6.5% 18,860,653 1,231,660 Chelan Wenatchee 13,348,215 23,554,960 56.7% 698,358,541 1,222,769,167 57.1% 56.9% 18,860,653 10,729,943 Clallam Clallam Unincorporated 6,651,680 27,363,452 24.3% 170,964,774 680,255,190 25.1% 24.7% 16,562,590 4,094,361 Clallam Forks 1,810,978 27,363,452 6.6% 38,528,182 680,255,190 5.7% 6.1% 16,562,590 1,017,110 Clallam Port Angeles 11,908,610 27,363,452 43.5% 348,087,118 680,255,190 51.2% 47.3% 16,562,590 7,841,576 Clallam Sequim 6,992,184 27,363,452 25.6% 122,675,116 680,255,190 18.0% 21.8% 16,562,590 3,609,543 Clark Clark Unincorporated 34,604,306 114,320,474 30.3% 1,254,934,600 5,165,445,662 24.3% 27.3% 94,512,772 25,785,144 Clark Battle Ground 6,574,688 114,320,474 5.8% 121,825,345 5,165,445,662 2.4% 4.1% 94,512,772 3,832,290 Clark Camas 8,709,273 114,320,474 7.6% 359,494,928 5,165,445,662 7.0% 7.3% 94,512,772 6,888,992 Clark La Center 1,541,491 114,320,474 1.3% 26,347,427 5,165,445,662 0.5% 0.9% 94,512,772 878,244 Clark Ridgefield 3,229,135 114,320,474 2.8% 21,012,935 5,165,445,662 0.4% 1.6% 94,512,772 1,527,058 Clark Vancouver 54,748,687 114,320,474 47.9% 3,276,378,998 5,165,445,662 63.4% 55.7% 94,512,772 52,605,484 Clark Washougal 4,358,525 114,320,474 3.8% 102,173,042 5,165,445,662 2.0% 2.9% 94,512,772 2,736,409 Clark Yacolt 554,369 114,320,474 0.5% 3,278,387 5,165,445,662 0.1% 0.3% 94,512,772 259,151 Columbia Columbia Unincorporated 142,000 1,390,491 10.2% 10,895,718 34,757,461 31.3% 20.8% 907,501 188,579 Columbia Dayton 1,196,269 1,390,491 86.0% 23,861,743 34,757,461 68.7% 77.3% 907,501 701,880 Columbia Starbuck 52,222 1,390,491 3.8% - 34,757,461 0.0% 1.9% 907,501 17,041 Cowlitz Cowlitz Unincorporated 3,812,907 25,038,657 15.2% 336,600,293 1,431,306,029 23.5% 19.4% 21,703,008 4,204,425 Cowlitz Castle Rock 1,721,669 25,038,657 6.9% 14,981,354 1,431,306,029 1.0% 4.0% 21,703,008 859,736 Cowlitz Kalama 1,192,734 25,038,657 4.8% 44,038,594 1,431,306,029 3.1% 3.9% 21,703,008 850,799 Washington State Department of Revenue Research and Fiscal Analysis March 5,2014 Page 1 of 9 Allocation of MFA remote sales to Washington cities and unincorporated areas Online sales of 20 County Online Sales of Percent of Sales Percent of Total Overall FY 2015 New FY 2015 New County Location Wages County wages Wages from Remote Sales in firms 2010-2012 20 Firms 2010-2012 from County County Factor County Remote Sales Cowlitz Kelso 4,132,981 25,038,657 16.5% 193,272,493 1,431,306,029 13.5% 15.0% 21,703,008 3,256,496 Cowlitz Longview 11,560,547 25,038,657 46.2% 711,241,434 1,431,306,029 49J% 47.9% 21,703,008 10,402,531 Cowlitz Woodland 2,617,819 25,038,657 10.5% 131,171,861 1,431,306,029 9.2% 9.8% 21,703,008 2,129,021 Douglas Douglas Unincorporated 8,934,497 17,997,048 49.6% 104,202,052 287,222,678 363% 43.0% 8,812,065 3,785,814 Douglas Bridgeport 266,554 17,997,048 1.5% 6,264,981 287,222,678 2.2% 1.8% 8,812,065 161,363 Douglas East Wenatchee 8,054,405 17,997,048 44.8% 162,834,523 287,222,678 56.7% 50.7% 8,812,065 4,469,780 Douglas Mansfield 187,742 17,997,048 1.0% 874,137 287,222,678 0.3% 0.7% 8,812,065 59,372 Douglas Rock Island 147,522 17,997,048 0.8% 405,669 287,222,678 0.1% 0.5% 8,812,065 42,339 Douglas Waterville 406,328 17,997,048 2.3% 12,641,316 287,222,678 44% 3.3% 8,812,065 293,397 Ferry Ferry Unincorporated 1,745,094 2,746,514 63.5% 37,067,442 52,730,966 70.3% 66.9% 1,442,238 965,102 Ferry Republic 1,001,420 2,746,514 36.5% 15,663,524 52,730,966 29,7% 33,1% 1,442,238 477,136 Franklin Franklin Unincorporated 1,142,056 15,392,398 7.4% 161,278,576 928,548,170 17.4% 12.4% 14,615,359 1,811,465 Franklin Connell 646,318 15,392,398 4.2% 45,008,793 928,548,170 4.8% 4.5% 14,615,359 661,065 Franklin Kahlotus 69,919 15,392,398 0.5% 99,791 928,548,170 0.0% 0.2% 14,615,359 33,980 Franklin Mesa 193,083 15,392,398 1.3% 5,590,047 928,548,170 0.6% 0.9% 14,615,359 135,662 Franklin Pasco 13,341,022 15,392,398 86.7% 716,570,963 928,548,170 77.2% 81.9% 14,615,359 11,973,188 Garfield GarField Unincorporated 116,903 594,438 19.7% 6,738,255 15,270,749 44.1% 3L9% 422,347 134,711 Garfield Pomeroy 477,535 594,438 803% 8,532,494 15,270,749 55.9% 68.1% 422,347 287,637 Grant Grant Unincorporated 2,260,544 22,821,729 9.9% 336,558,081 1,067,698,680 31.5% 20.7% 18,022,996 3,733,198 Grant Coulee City 354,536 22,821,729 1.6% 4,411,041 1,067,698,680 0.4% 1.0% 18,022,996 177,223 Grant Electric City 410,347 22,821,729 1.8% 1,035,935 1,067,698,680 0.1% 0.9% 18,022,996 170,775 Grant Ephrata 3,461,196 22,821,729 15.2% 148,649,526 1,067,698,680 13.9% 14.5% 18,022,996 2,621,323 Grant George 45,910 22,821,729 0.2% 1,780,331 1,067,698,680 0.2% 0.2% 18,022,996 33,154 Grant Grand Coulee 583,226 22,821,729 2.6% 55,788,731 1,067,698,680 5.2% 3.9% 18,022,996 701,159 Grant Hartline 112,430 22,821,729 0.5% 958,345 1,067,698,680 0.1% 0.3% 18,022,996 52,483 Grant Krupp 20,977 22,821,729 0.1% 70,520 1,067,698,680 0.0% 0.0% 18,022,996 8,878 Grant Mattawa 286,153 22,821,729 1.3% 8,786,883 1,067,698,680 0.8% L0% 18,022,996 187,154 Grant Moses Lake 11,740,872 22,821,729 51.4% 389,805,150 1,067,698,680 36.5% 44.0% 18,022,996 7,926,057 Grant Quincy 1,821,751 22,821,729 8.0% 88,393,754 1,067,698,680 8.3% 8.1% 18,022,996 1,465,399 Grant Royal City 476,488 22,821,729 2.1% 9,044,487 1,067,698,680 0.8% L5% 18,022,996 264,485 Grant Soap Lake 603,047 22,821,729 2.6% 6,275,429 1,067,698,680 0.6% 1.6% 18,022,996 291,087 Grant Warden 468,118 22,821,729 2.1% 14,618,596 1,067,698,680 1.4% 1.7% 18,022,996 308,226 Grant Wilson Creek 176,134 22,821,729 0.8% 1,521,871 1,067,698,680 0.1% 0.5% 18,022,996 82,394 Grays Harbor Grays Harbor Unincorporated 2,649,608 21,649,884 12.2% 127,670,373 650,881,194 19.6% 15.9% 14,048,887 2,237,527 Grays Harbor Aberdeen 6,762,413 21,649,884 31.2% 259,112,719 650,881,194 39.8% 35.5% 14,048,887 4,990,506 Grays Harbor Cosmopolis 672,056 21,649,884 3.1% 21,240,429 650,881,194 3.3% 3.2% 14,048,887 447,284 Grays Harbor Elma 1,835,508 21,649,884 8.5% 20,740,933 650,881,194 3.2% 5.8% 14,048,887 819,383 Grays Harbor Hoquiam 2,767,348 21,649,884 12.8% 96,991,845 650,881,194 14.9% 13.8% 14,048,887 1,944,640 Washington State Department of Revenue Research and Fiscal Analysis March 5,2014 Page 2 of 9 Allocation of MFA remote sales to Washington cities and unincorporated areas Percent of Total FY 2015 New County Location Online sales of 20 County Online Sales of Percent of Sales Wages County wages Wages from Overall Remote Sales in FY 2015 New firms 2010-2012 20 Firms 2010-2012 from County County Factor County Remote Sales Grays Harbor McCleary 823,986 21,649,884 3.8% 11,901,025 650,881,194 1.8% 2.8% 14,048,887 395,786 Grays Harbor Montesano 2,396,529 21,649,884 11.1% 49,703,194 650,881,194 7.6% 9.4% 14,048,887 1,313,976 Grays Harbor Oakville 472,264 21,649,884 2.2% 4,312,159 650,881,194 0.7% 1.4% 14,048,887 199,767 Grays Harbor Westport 947,869 21,649,884 4.4% 36,207,698 650,881,194 5.6% 5.0% 14,048,887 698,303 Grays Harbor Ocean Shores 2,322,303 21,649,884 10.7% 23,000,819 650,881,194 3.5% 7.1% 14,048,887 1,001,716 Island Island Unincorporated 16,178,669 35,315,550 45.8% 167,980,411 412,068,593 40.8% 43.3% 18,150,605 7,857,115 Island Coupeville 2,419,025 35,315,550 6.8% 76,945,063 412,068,593 18.7% 12.8% 18,150,605 2,316,255 Island Langley 2,398,536 35,315,550 6.8% 10,819,592 412,068,593 2.6% 4.7% 18,150,605 854,658 Island Oak Harbor 14,319,320 35,315,550 40.5% 156,323,527 412,068,593 37.9% 39.2% 18,150,605 7,122,576 Jefferson Jefferson Unincorporated 7,191,042 14,482,477 49.7% 104,815,890 227,587,090 46.1% 47.9% 7,786,290 3,726,078 Jefferson Port Townsend 7,291,435 14,482,477 50.3% 122,771,200 227,587,090 53.9% 52.1% 7,786,290 4,060,212 King King Unincorporated 61,095,543 1,257,494,623 4.9% 1,091,483,026 72,328,423,179 1.5% 3.2% 963,203,261 30,666,361 King Algona 1,998,291 1,257,494,623 0.2% 79,607,427 72,328,423,179 0.1% 0.1% 963,203,261 1,295,385 King Auburn 24,160,409 1,257,494,623 1.9% 1,953,500,863 72,328,423,179 2.7% 2.3% 963,203,261 22,260,537 King Beaux Arts Village 200,107 1,257,494,623 0.0% 178,273 72,328,423,179 0.0% 0.0% 963,203,261 77,825 King Bellevue 136,682,412 1,257,494,623 10.9% 8,878,935,251 72,328,423,179 12.3% 11.6% 963,203,261 111,468,056 King Black Diamond 1,812,848 1,257,494,623 0.1% 13,341,041 72,328,423,179 0.0% 0.1% 963,203,261 783,126 King Bothell 22,202,106 1,257,494,623 1.8% 925,194,084 72,328,423,179 1.3% 1.5% 963,203,261 14,663,515 King Carnation 2,896,345 1,257,494,623 0.2% 9,400,009 72,328,423,179 0.0% 0.1% 963,203,261 1,171,847 King Clyde Hill 1,282,800 1,257,494,623 0.1% 14,322,415 72,328,423,179 0.0% 0.1% 963,203,261 586,660 King Des Moines 8,082,457 1,257,494,623 0.6% 152,042,193 72,328,423,179 0.2% 0.4% 963,203,261 4,107,839 King Duvall 5,686,841 1,257,494,623 0.5% 44,772,823 72,328,423,179 0.1% 0.3% 963,203,261 2,476,097 King Enumclaw 6,537,671 1,257,494,623 0.5% 178,668,773 72,328,423,179 0.2% 0.4% 963,203,261 3,693,503 King Covington 5,376,527 1,257,494,623 0.4% 100,591,765 72,328,423,179 0.1% 0.3% 963,203,261 2,728,924 King Hunts Point 208,192 1,257,494,623 0.0% 1,358,432 72,328,423,179 0.0% 0.0% 963,203,261 88,780 King Issaquah 28,991,013 1,257,494,623 2.3% 1,245,359,879 72,328,423,179 1.7% 2.0% 963,203,261 19,395,402 King Kent 45,319,136 1,257,494,623 3.6% 3,064,910,216 72,328,423,179 4.2% 3.9% 963,203,261 37,764,376 King Kirkland 57,994,669 1,257,494,623 4.6% 2,145,598,570 72,328,423,179 3.0% 3.8% 963,203,261 36,497,643 King Lake Forest Park 4,611,325 1,257,494,623 0.4% 52,418,354 72,328,423,179 0.1% 0.2% 963,203,261 2,115,098 King Medina 7,197,294 1,257,494,623 0.6% 14,923,750 72,328,423,179 0.0% 0.3% 963,203,261 2,855,826 King Mercer Island 16,614,643 1,257,494,623 1.3% 357,000,875 72,328,423,179 0.5% 0.9% 963,203,261 8,740,264 King Maple Valley 11,516,591 1,257,494,623 0.9% 79,536,509 72,328,423,179 0.1% 0.5% 963,203,261 4,940,279 King Normandy Park 2,435,244 1,257,494,623 0.2% 16,293,576 72,328,423,179 0.0% 0.1% 963,203,261 1,041,153 King North Bend 5,403,433 1,257,494,623 0.4% 91,187,077 72,328,423,179 0.1% 0.3% 963,203,261 2,676,607 King Pacific 1,376,636 1,257,494,623 0.1% 26,121,207 72,328,423,179 0.0% 0.1% 963,203,261 701,160 King Redmond 64,076,340 1,257,494,623 5.1% 11,235,443,203 72,328,423,179 15.5% 10.3% 963,203,261 99,351,917 King Renton 52,415,886 1,257,494,623 4.2% 3,455,003,719 72,328,423,179 4.8% 4.5% 963,203,261 43,079,777 Washington State Department of Revenue Research and Fiscal Analysis March 5,2014 Page 3 of 9 Allocation of MFA remote sales to Washington cities and unincorporated areas Percent of Total FY 2015 New Coun Location Online sales of 20 County Online Sales of Percent of Sales Overall FY 2015 New firms 2010-2012 20 Firms 2010-2012 from County wages Cpunty wages WaC e�sry ram Factor Remooun s in Remote Sales t4 Ct King Seattle 534,367,538 1,257,494,623 42.5% 30,229,463,278 72,328,423,179 41.8% 42.1% 963,203,261 405,938,836 King Skykomish 196,502 1,257,494,623 0.0% 1,353,099 72,328,423,179 0.0% 0.0% 963,203,261 84,267 King Snoqualmie 7,714,787 1,257,494,623 0.6% 174,531,365 72,328,423,179 0.2% 0.4% 963,203,261 4,116,772 King Tukwila 17,206,115 1,257,494,623 1.4% 2,587,410,121 72,328,423,179 3.6% 2.5% 963,203,261 23,818,056 King Yarrow Point 887,432 1,257,494,623 0.1% 3,255,174 72,328,423,179 0.0% 0.0% 963,203,261 361,548 King Milton 414,236 1,257,494,623 0.0% 150,774 72,328,423,179 0.0% 0.0% 963,203,261 159,650 King Federal Way 27,992,103 1,257,494,623 2.2% 1,230,160,336 72,328,423,179 1.7% 2.0% 963,203,261 18,911,627 King SeaTac 4,655,788 1,257,494,623 0.4% 1,100,785,644 72,328,423,179 1.5% 0.9% 963,203,261 9,112,721 King Burien 8,860,297 1,257,494,623 0.7% 480,881,384 72,328,423,179 0.7% 0.7% 963,203,261 6,595,329 King Woodinville 16,817,387 1,257,494,623 1.3% 431,699,474 72,328,423,179 0.6% 1.0% 963,203,261 9,315,295 King Newcastle 3,984,679 1,257,494,623 0.3% 53,874,267 72,328,423,179 0.1% 0.2% 963,203,261 1,884,796 King Shoreline 17,703,853 1,257,494,623 1.4% 549,370,539 72,328,423,179 0.8% 1.1% 963,203,261 10,438,316 King Kenmore 10,147,645 1,257,494,623 0.8% 101,025,063 72,328,423,179 0.1% 0.5% 963,203,261 4,559,076 King Sammamish 30,371,502 1,257,494,623 2.4% 157,269,351 72,328,423,179 0.2% 1.3% 963,203,261 12,679,015 Kitsap Kitsap Unincorporated 36,891,306 101,003,645 36.5% 1,019,933,207 2,520,151,348 40.5% 38.5% 64,201,211 24,716,130 Kitsap Bremerton 21,764,732 101,003,645 21.5% 881,707,533 2,520,151,348 35.0% 28.3% 64,201,211 18,147,999 Kitsap Port Orchard 14,629,562 101,003,645 14.5% 186,612,365 2,520,151,348 7.4% 10.9% 64,201,211 7,026,502 Kitsap Poulsbo 11,021,668 101,003,645 10.9% 194,251,726 2,520,151,348 7.7% 9.3% 64,201,211 5,977,161 Kitsap Bainbridge Island 16,696,377 101,003,645 16.5% 237,646,517 2,520,151,348 9.4% 13.0% 64,201,211 8,333,420 Kittitas Kittitas Unincorporated 3,681,268 14,720,050 25.0% 88,793,256 416,703,202 21.3% 23.2% 9,123,996 2,112,983 Kittitas Cle Elum 1,955,030 14,720,050 13.3% 36,829,633 416,703,202 8.8% 11.1% 9,123,996 1,009,102 Kittitas Ellensburg 8,068,037 14,720,050 54.8% 286,194,679 416,703,202 68.7% 61.7% 9,123,996 5,633,636 Kittitas Kittitas 217,476 14,720,050 1.5% 1,658,734 416,703,202 0.4% 0.9% 9,123,996 85,559 Kittitas Roslyn 552,297 14,720,050 3.8% 3,158,473 416,703,202 0.8% 2.3% 9,123,996 205,745 Kittitas South Cle Elum 245,942 14,720,050 1.7% 68,427 416,703,202 0.0% 0.8% 9,123,996 76,971 Klickitat Klickitat Unincorporated 2,567,461 6,622,408 38.8% 137,168,138 238,323,854 57.6% 48.2% 4,799,330 2,311,469 Klickitat Bingen 240,971 6,622,408 3.6% 12,967,554 238,323,854 5.4% 4.5% 4,799,330 217,886 Klickitat Goldendale 1,979,840 6,622,408 29.9% 46,247,599 238,323,854 19.4% 24.7% 4,799,330 1,183,069 Klickitat White Salmon 1,834,136 6,622,408 27.7% 41,940,563 238,323,854 17.6% 22.6% 4,799,330 1,086,905 Lewis Lewis Unincorporated 5,050,285 19,950,426 25.3% 272,450,104 778,930,797 35.0% 30.1% 14,693,955 4,429,612 Lewis Centralia 5,297,302 19,950,426 26.6% 231,909,236 778,930,797 29.8% 28.2% 14,693,955 4,138,192 Lewis Chehalis 5,792,465 19,950,426 29.0% 208,573,452 778,930,797 26.8% 27.9% 14,693,955 4,100,435 Lewis Morton 683,366 19,950,426 3.4% 36,353,901 778,930,797 4.7%;: 4.0% 14,693,955 594,552 Lewis Mossyrock 470,987 19,950,426 2.4% 3,602,219 778,930,797 0.5%, 1.4% 14,693,955 207,423 Lewis Napavine 324,033 19,950,426 1.6% 6,660,062 778,930,797 0.9% 1.2% 14,693,955 182,148 Lewis Pe Ell 188,797 19,950,426 0.9% 2,328,547 778,930,797 0.3% 0.6% 14,693,955 91,490 Lewis Toledo 887,212 19,950,426 4.4% 6,583,712 778,930,797 0.8% 2.6% 14,693,955 388,825 Washington State Department of Revenue Research and Fiscal Analysis March 5,2014 Page 4 of 9 Allocation of MFA remote sales to Washington cities and unincorporated areas Percent of Total FY 2015 New Coon Location Online sales of 20 County Online Sales of Percent of Sales Overall FY 2015 New firms 2010-2012 20 Firms 2010-2012 from County Wages County wages Wages from Factor Remote m Remote Sales County Lewis Vader 148,991 19,950,426 0.7% 354,422 778,930,797 0.0% 0.4% 14,693,955 58,211 Lewis Winlock 1,106,988 19,950,426 5.5% 10,115,142 778,930,797 1.3% 3.4% 14,693,955 503,069 Lincoln Lincoln Unincorporated 499,169 3,417,948 14.6% 14,478,427 75,671,694 19.1% 16.9% 2,133,382 359,875 Lincoln Almira 143,980 3,417,948 4.2% 1,349,362 75,671,694 1.8% 3.0% 2,133,382 63,955 Lincoln Creston 137,463 3,417,948 4.0% 1,474,050 75,671,694 1.9% 3.0% 2,133,382 63,679 Lincoln Davenport 955,122 3,417,948 27.9% 36,990,250 75,671,694 48.9% 38.4% 2,133,382 819,505 Lincoln Harrington 353,663 3,417,948 10.3% 1,893,555 75,671,694 2.5% 6.4% 2,133,382 137,065 Lincoln Odessa 434,570 3,417,948 12.7% 11,012,067 75,671,694 14.6% 13.6% 2,133,382 290,852 Lincoln Reardan 327,351 3,417,948 9.6% 4,123,839 75,671,694 5.4% 7.5% 2,133,382 160,292 Lincoln Sprague 135,842 3,417,948 4.0% 497,264 75,671,694 0.7% 2.3% 2,133,382 49,404 Lincoln Wilbur 430,788 3,417,948 12.6% 3,852,880 75,671,694 5.1% 8.8% 2,133,382 188,754 Mason Mason Unincorporated 10,190,135 17,348,519 58,7% 219,688,273 432,383,613 50.8% 54.8% 10,999,233 6,024,633 Mason Shelton 7,158,384 17,348,519 41.3% 212,695,340 432,383,613 49.2% 45.2% 10,999,233 4,974,599 Okanogan Okanogan Unincorporated 2,228,803 14,017,185 15.9% 102,199,643 361,240,856 28.3% 22.1% 8,878,103 1,961,696 Okanogan Brewster 1,271,436 14,017,185 9.1% 51,710,913 361,240,856 14.3% 11.7% 8,878,103 1,038,088 Okanogan Conconully 56,364 14,017,185 0.4% 269,338 361,240,856 0.1% 0.2% 8,878,103 21,159 Okanogan Coulee Dam 368,980 14,017,185 2.6% 8,478,577 361,240,856 2.3% 2.5% 8,878,103 221,039 Okanogan Elmer City 113,077 14,017,185 0.8% 46,555 361,240,856 0.0% 0.4% 8,878,103 36,382 Okanogan Nespelem 109,106 14,017,185 0.8% 710,538 361,240,856 0.2% 0.5% 8,878,103 43,284 Okanogan Okanogan 812,532 14,017,185 5.8% 38,293,476 361,240,856 10.6% 8.2% 8,878,103 727,881 Okanogan Omak 2,919,224 14,017,185 20.8% 88,237,349 361,240,856 24.4% 22.6% 8,878,103 2,008,769 Okanogan Oroville 2,188,814 14,017,185 15.6% 22,691,439 361,240,856 6.3% 10.9% 8,878,103 972,008 Okanogan Pateros 288,139 14,017,185 2.1% 11,425,691 361,240,856 3.2% 2.6% 8,878,103 231,653 Okanogan Riverside 197,097 14,017,185 1.4% 246,543 361,240,856 0.1% 0.7% 8,878,103 65,448 Okanogan Tonasket 1,403,023 14,017,185 10.0% 19,136,725 361,240,856 5.3% 7.7% 8,878,103 679,477 Okanogan Twisp 776,329 14,017,185 5.5% 6,911,886 361,240,856 1.9% 3.7% 8,878,103 330,788 Okanogan Winthrop 1,284,261 14,017,185 9.2% 10,882,183 361,240,856 3.0% 6.1% 8,878,103 540,432 Pacific Pacific Unincorporated 2,847,179 6,799,124 41.9% 44,902,874 153,914,775 29.2% 35.5% 4,127,985 1,466,457 Pacific Ilwaco 462,286 6,799,124 6.8% 21,264,440 153,914,775 13.8% 10.3% 4,127,985 425,490 Pacific Long Beach 1,207,237 6,799,124 17.8% 18,768,123 153,914,775 12.2% 15.0% 4,127,985 618,158 Pacific Raymond 1,733,503 6,799,124 25.5% 34,011,961 153,914,775 22,1% 23.8% 4,127,985 982,334 Pacific South Bend 548,919 6,799,124 8.1% 34,967,377 153,914,775 22.7% 15.4% 4,127,985 635,545 Pend Oreille Pend Oreille Unincorporated 717,976 3,139,222 22.9% 32,761,601 68,058,117 48,1% 35.5% 2,081,443 739,004 Pend Oreille Cusick 228,034 3,139,222 7.3% 2,038,123 68,058,117 3.0% 5.1% 2,081,443 106,765 Pend Oreille Ione 328,553 3,139,222 10.5% 375,170 68,058,117 0.6% 5.5% 2,081,443 114,660 Pend Oreille Metaline 81,201 3,139,222 2.6% 224,491 68,058,117 0.3% 1.5% 2,081,443 30,353 Pend Oreille Metaline Falls 320,435 3,139,222 10.2% 452,462 68,058,117 0.7% 5.4% 2,081,443 113,150 Washington State Department of Revenue Research and Fiscal Analysis March 5,2014 Page 5 of 9 Allocation of MFA remote sales to Washington cities and unincorporated areas Online sales of 20 County Online Sales of Percent of Sales Percent of Total FY 2015 New CountyLocationOverall FY 2015 New firms 2010-2012 20 Firms 2010-2012 from County Wages County wages Wa`goeufrom Factor Remote Sales in Remote Sales y ty Pend Oreille Newport 1,463,023 3,139,222 46.6% 32,206,270 68,058,117 47.3% 47.0% 2,081,443 977,512 Pierce Pierce Unincorporated 62,644,508 259,111,090 24.2% 1,582,318,220 10,360,787,174 15.3% 19.7% 197,794,746 39,013,906 Pierce Bonney Lake 9,824,664 259,111,090 3.8% 92,177,652 10,360,787,174 0.9% 2.3% 197,794,746 4,629,740 Pierce Buckley 3,020,557 259,111,090 1.2% 85,270,479 10,360,787,174 0.8% 1.0% 197,794,746 1,966,821 Pierce Carbonado 154,104 259,111,090 0.1% 1,227,897 10,360,787,174 0.0% 0.0% 197,794,746 70,539 Pierce DuPont 3,849,291 259,111,090 1.5% 244,337,109 10,360,787,174 2.4% 1.9% 197,794,746 3,801,479 Pierce Eatonville 2,408,161 259,111,090 0.9% 11,456,142 10,360,787,174 0.1% 0.5% 197,794,746 1,028,498 Pierce Fife 3,581,950 259,111,090 1.4% 818,030,111 10,360,787,174 7.9% 4.6% 197,794,746 9,175,543 Pierce Fircrest 1,773,456 259,111,090 0.7% 30,596,578 10,360,787,174 0.3% 0.5% 197,794,746 968,947 Pierce Gig Harbor 13,835,375 259,111,090 5.3% 244,051,403 10,360,787,174 2.4% 3.8% 197,794,746 7,610,235 Pierce Milton 1,999,157 259,111,090 0.8% 38,181,228 10,360,787,174 0.4% 0.6% 197,794,746 1,127,490 Pierce Orting 2,759,172 259,111,090 1.1% 28,754,380 10,360,787,174 0.3% 0.7% 197,794,746 1,327,590 Pierce Puyallup 31,327,761 259,111,090 12.1% 913,248,745 10,360,787,174 8.8% 10.5% 197,794,746 20,674,444 Pierce Roy 1,472,783 259,111,090 0.6% 1,347,312 10,360,787,174 0.0% 0.3% 197,794,746 574,992 Pierce Ruston 352,623 259,111,090 0.1% 3,544,600 10,360,787,174 0.0% 0.1% 197,794,746 168,423 Pierce South Prairie 166,962 259,111,090 0.1% 1,212,027 10,360,787,174 0.0% 0.0% 197,794,746 75,295 Pierce Steilacoom 2,264,777 259,111,090 0.9% 50,317,974 10,360,787,174 0.5% 0.7% 197,794,746 1,344,722 Pierce Sumner 5,495,266 259,111,090 2.1% 495,621,246 10,360,787,174 4.8% 3.5% 197,794,746 6,828,310 Pierce Tacoma 79,170,123 259,111,090 30.6% 4,514,548,751 10,360,787,174 43.6% 37.1% 197,794,746 73,310,570 Pierce Wilkeson 144,915 259,111,090 0.1% 355,486 10,360,787,174 0.0% 0.0% 197,794,746 58,704 Pierce University Place 9,430,991 259,111,090 3.6% 194,222,773 10,360,787,174 1.9% 2.8% 197,794,746 5,453,540 Pierce Edgewood 2,363,306 259,111,090 0.9% 43,738,297 10,360,787,174 0.4% 0.7% 197,794,746 1,319,523 Pierce Lakewood 16,990,767 259,111,090 6.6% 853,539,024 10,360,787,174 8.2% 7.4% 197,794,746 14,632,358 Pierce Pacific 752,511 259,111,090 0.3% 95,997,402 10,360,787,174 0.9% 0.6% 197,794,746 1,203,547 Pierce Auburn 3,327,910 259,111,090 1.3% 16,692,338 10,360,787,174 0.2% 0.7% 197,794,746 1,429,529 San Juan San Juan Unincorporated 8,004,105 12,257,056 65.3% 82,511,901 146,861,566 56.2% 60.7% 5,797,442 3,521,525 San Juan Friday Harbor 4,252,951 12,257,056 34.7% 64,349,665 146,861,566 43.8% 39.3% 5,797,442 2,275,917 Skagit Skagit Unincorporated 6,498,079 40,752,888 15.9% 402,868,385 1,678,717,653 24.0% 20.0% 29,794,050 5,950,416 Skagit Anacortes 9,584,574 40,752,888 23.5% 244,882,710 1,678,717,653 14.6% 19.1% 29,794,050 5,676,697 Skagit Burlington 5,738,379 40,752,888 14.1% 310,370,491 1,678,717,653 18.5% 16.3% 29,794,050 4,851,881 Skagit Concrete 870,143 40,752,888 2.1% 10,352,500 1,678,717,653 0.6% 1.4% 29,794,050 409,945 Skagit Hamilton 41,926 40,752,888 0.1% 138,576 1,678,717,653 0.0% 0.1% 29,794,050 16,556 Skagit La Conner 1,163,355 40,752,888 2.9% 25,758,912 1,678,717,653 1.5% 2.2% 29,794,050 653,845 Skagit Lyman 77,216 40,752,888 0.2% 363,017 1,678,717,653 0.0% 0.1% 29,794,050 31,447 Skagit Mount Vernon 11,899,969 40,752,888 29.2% 503,540,433 1,678,717,653 30.0% 29.6% 29,794,050 8,818,421 Skagit Sedro-Woolley 4,879,247 40,752,888 12.0% 180,442,629 1,678,717,653 10.7% 11.4% 29,794,050 3,384,843 Skamania Skamania Unincorporated 1,534,772 2,618,862 58.6% 25,086,282 70,638,112 35.5% 47.1% 1,922,719 904,816 Washington State Department of Revenue Research and Fiscal Analysis March 5,2014 Page 6 of 9 Allocation of MFA remote sales to Washington cities and unincorporated areas Online sales of 20 County Online Sales of Percent of Sales Percent of Total FY 2015 New Overall FY 2015 New County Location firms 2010-2012 20 Firms 2010-2012 from County Wages County wages Wages from Factor Remote Sales in Remote Sales County County Skamania North Bonneville 248,165 2,618,862 9.5% 6,381,237 70,638,112 9.0% 9.3% 1,922,719 177,945 Skamania Stevenson 835,925 2,618,862 31.9% 39,170,593 70,638,112 55.5% 43.7% 1,922,719 839,958 Snohomish Snohomish Unincorporated 46,914,103 272,453,770 17.2% 1,726,091,883 13,138,992,712 13.1% 15.2% 211,208,862 32,057,573 Snohomish Arlington 10,860,096 272,453,770 4.0% 321,526,607 13,138,992,712 2.4% 3.2% 211,208,862 6,793,692 Snohomish Brier 2,106,576 272,453,770 0.8% 8,091,510 13,138,992,712 0.1% 0.4% 211,208,862 881,555 Snohomish Darrington 527,170 272,453,770 0.2% 12,952,884 13,138,992,712 0.1% 0.1% 211,208,862 308,442 Snohomish Edmonds 20,941,447 272,453,770 7.7% 454,821,361 13,138,992,712 33% 5.6% 211,208,862 11,772,628 Snohomish Everett 47,166,826 272,453,770 173% 6,465,369,593 13,138,992,712 49.2% 33.3% 211,208,862 70,247,395 Snohomish Gold Bar 1,045,638 272,453,770 0.4% 2,535,934 13,138,992,712 0.0% 0.2% 211,208,862 425,677 Snohomish Granite Falls 2,331,301 272,453,770 0.9% 28,328,899 13,138,992,712 0.2% 0.5% 211,208,862 1,131,317 Snohomish Index 79,427 272,453,770 0.0% 436,108 13,138,992,712 0.0% 0.0% 211,208,862 34,292 Snohomish Lake Stevens 12,131,129 272,453,770 4.5% 84,209,803 13,138,992,712 0.6% 2.5% 211,208,862 5,378,921 Snohomish Lynnwood 36,461,380 272,453,770 13.4% 1,025,143,429 13,138,992,712 7.8% 10.6% 211,208,862 22,372,184 Snohomish Marysville 22,548,768 272,453,770 8.3% 425,971,708 13,138,992,712 3.2% 5.8% 211,208,862 12,163,755 Snohomish Monroe 7,785,301 272,453,770 2.9% 280,986,172 13,138,992,712 2.1% 2.5% 211,208,862 5,276,043 Snohomish Mountlake Terrace 7,397,020 272,453,770 2.7% 350,943,686 13,138,992,712 2.7% 2.7% 211,208,862 5,687,826 Snohomish Mukilteo 10,776,592 272,453,770 4.0% 558,182,866 13,138,992,712 4.2% 4.1% 211,208,862 8,663,446 Snohomish Snohomish 11,214,957 272,453,770 4.1% 182,611,075 13,138,992,712 1.4% 2.8% 211,208,862 5,814,706 Snohomish Stanwood 5,607,281 272,453,770 2.1% 111,602,330 13,138,992,712 0.8% 1.5% 211,208,862 3,070,412 Snohomish Sultan 1,747,290 272,453,770 0.6% 29,470,599 13,138,992,712 0.2% 0.4% 211,208,862 914,128 Snohomish Woodway 655,615 272,453,770 0.2% 9,931,297 13,138,992,712 0.1% 0.2% 211,208,862 333,942 Snohomish Mill Creek 11,238,627 272,453,770 4.1% 186,407,838 13,138,992,712 1.4% 2.8% 211,208,862 5,854,397 Snohomish Bothell 12,917,226 272,453,770 4.7% 873,377,030 13,138,992,712 6.6% 5.7% 211,208,862 12,026,534 Spokane Spokane Unincorporated 45,036,404 154,083,175 29.2% 566,497,931 7,058,686,386 8.0% 18.6% 115,930,456 21,594,468 Spokane Airway Heights 1,594,677 154,083,175 1.0% 125,906,152 7,058,686,386 1.8% 1.4% 115,930,456 1,633,837 Spokane Cheney 4,628,374 154,083,175 3.0% 66,558,152 7,058,686,386 0.9% 2.0% 115,930,456 2,287,737 Spokane Deer Park 1,795,144 154,083,175 1.2% 22,403,041 7,058,686,386 0.3% 0.7% 115,930,456 859,295 Spokane Fairfield 247,867 154,083,175 0.2% 2,891,747 7,058,686,386 0.0% 0.1% 115,930,456 116,993 Spokane Latah 44,016 154,083,175 0.0% 224,885 7,058,686,386 0.0% 0.0% 115,930,456 18,405 Spokane Medical Lake 3,165,723 154,083,175 2.1% 47,149,136 7,058,686,386 0.7% 1.4% 115,930,456 1,578,111 Spokane Millwood 222,155 154,083,175 0.1% 32,562,599 7,058,686,386 0.5% 0.3% 115,930,456 350,974 Spokane Rockford 171,220 154,083,175 0.1% 877,993 7,058,686,386 0.0% 0.1% 115,930,456 71,622 Spokane Spangle 306,391 154,083,175 0.2% 870,903 7,058,686,386 0.0% 0.1% 115,930,456 122,414 Spokane Spokane 74,084,776 154,083,175 48.1% 4,285,134,191 7,058,686,386 60.7% 54.4% 115,930,456 63,059,372 Spokane Waverly 14,871 154,083,175 0.0% 109,024 7,058,686,386 0.0% 0.0% 115,930,456 6,490 Spokane Liberty Lake 4,747,151 154,083,175 3.1% 238,192,935 7,058,686,386 3.4% 3.2% 115,930,456 3,741,868 4'Spokane i Spokane Valley 1 18,024,406 154,083,175 11.7% 1,669,307,697 7,058,686,386 23.6% 17.7% 115,930,456 20,488,869 Washington State Department of Revenue Research and Fiscal Analysis March 5,2014 Page 7 of 9 Allocation of MFA remote sales to Washington cities and unincorporated areas Percent of Total FY 2015 New Online sales of 20 County Online Sales of Percent of Sales Overall FY 2015 New County Location firms 2010-2012 20 Firms 2010-2012 from County Wages County wages Wages from Factor Remote Sales in Remote Sales County County Stevens Stevens Unincorporated 4,097,538 11,341,508 36.1% 83,490,376 237,055,577 35.2% 35.7% 7,027,919 2,507,155 Stevens Chewelah 1,162,554 11,341,508 10.3% 24,353,470 237,055,577 10.3% 10.3% 7,027,919 721,196 Stevens Colville 4,289,856 11,341,508 37.8% 116,245,375 237,055,577 49.0% 43.4% 7,027,919 3,052,280 Stevens Kettle Falls 1,134,736 11,341,508 10.0% 8,643,265 237,055,577 3.6% 6.8% 7,027,919 479,699 Stevens Marcus 40,911 11,341,508 0.4% 52,733 237,055,577 0.0% 0.2% 7,027,919 13,457 Stevens Northport 392,746 11,341,508 3.5% 546,666 237,055,577 0.2% 1.8% 7,027,919 129,789 Stevens Springdale 223,167 11,341,508 2.0% 3,723,692 237,055,577 1.6% 1.8% 7,027,919 124,342 Thurston Thurston Unincorporated 17,171,529 97,430,004 17.6% 390,979,255 3,368,056,226 11.6% 14.6% 67,136,385 9,812,967 Thurston Bucoda 159,214 97,430,004 0.2% 55,852 3,368,056,226 0.0% 0.1% 67,136,385 55,412 Thurston Lacey 16,622,488 97,430,004 17.1% 724,206,832 3,368,056,226 21.5% 19.3% 67,136,385 12,94-4,960 Thurston Olympia 48,051,864 97,430,004 49.3% 1,807,124,222 3,368,056,226 53.7% 51.5% 67,136,385 34,566,572 Thurston Rainier 1,064,448 97,430,004 1.1% 5,366,543 3,368,056,226 0.2% 0.6% 67,136,385 420,228 Thurston Tenino 1,865,001 97,430,004 1.9% 13,262,523 3,368,056,226 0.4% 1.2% 67,136,385 774,744 Thurston Tumwater 6,510,147 97,430,004 6.7% 381,902,409 3,368,056,226 11.3% 9.0% 67,136,385 6,049,266 Thurston Yelm 5,985,313 97,430,004 6.1% 45,158,590 3,368,056,226 1.3% 3.7% 67,136,385 2,512,238 Wahkiakum Wahkiakum Unincorporated 534,069 1,189,839 44.9% 8,489,694 19,414,940 43.7% 44.3% 705,388 312,534 Wahkiakum Cathlamet 655,770 1,189,839 55.1% 10,925,246 19,414,940 56.3% 55.7% 705,388 392,853 Walla Walla Walla Walla Unincorporated 4,315,097 19,179,349 22.5% 180,766,322 757,928,509 23.9% 23.2% 13,756,926 3,188,079 Walla Walla College Place 3,445,447 19,179,349 18.0% 44,030,460 757,928,509 5.8% 11.9% 13,756,926 1,635,263 Walla Walla Prescott 204,436 19,179,349 1.1% 1,981,137 757,928,509 0.3% 0.7% 13,756,926 91,298 Walla Walla Waitsburg 431,019 19,179,349 2.2% 5,825,815 757,928,509 0.8% 1.5% 13,756,926 207,452 Walla Walla Walla Walla 10,783,350 19,179,349 56.2% 525,324,775 757,928,509 69.3% 62.8% 13,756,926 8,634,834 Whatcom Whatcom Unincorporated 27,379,774 120,929,686 22.6% 727,203,959 3,023,799,136 24.0% 23.3% 64,391,898 15,032,423 Whatcom Bellingham 52,316,517 120,929,686 43.3% 1,792,831,907 3,023,799,136 59.3% 51.3% 64,391,898 33,017,795 Whatcom Blaine 21,132,278 120,929,686 17.5% 130,639,242 3,023,799,136 4.3% 10.9% 64,391,898 7,017,176 Whatcom Everson 1,473,140 120,929,686 1.2% 17,932,986 3,023,799,136 0.6% 0.9% 64,391,898 583,146 Whatcom Ferndale 5,783,006 120,929,686 4.8% 163,764,262 3,023,799,136 5.4% 5.1% 64,391,898 3,283,332 Whatcom Lynden 6,375,080 120,929,6$6 5.3% 155,165,037 3,023,799,136 5.1% 5.2% 64,391,898 3,349,404 Whatcom Nooksack 254,976 120,929,686 0.2% 2,060,702 3,023,799,136 0.1% 0.1% 64,391,898 89,825 Whatcom Sumas 6,214,915 120,929,686 5.1% 34,201,041 3,023,799,136 1.1% 3.1% 64,391,898 2,018,796 Whitman Whitman Unincorporated 822,160 20,509,492 4.0% 28,843,704 609,443,841 4.7% 4.4% 11,554,554 505,019 Whitman Albion 206,391 20,509,492 1.0% 269,042 609,443,841 0.0% 0.5% 11,554,554 60,688 Whitman Colfax 1,558,297 20,509,492 7.6% 49,326,242 609,443,841 8.1% 7.8% 11,554,554 906,546 Whitman Colton 217,753 20,509,492 1.1% 1,730,548 609,443,841 0.3% 0.7% 11,554,554 77,743 Whitman Endicott 205,892 20,509,492 1.0% 352,664 609,443,841 0.1% 0.5% 11,554,554 61,340 Whitman Farmington 76,890 20,509,492 0.4% 256,517 609,443,841 0.0% 0.2% 11,554,554 24,091 Whitman Garfield 218,278 20,509,492 1.1% 2,256,230 609,443,841 0.4% 0.7% 11,554,554 82,874 Washington State Department of Revenue Research and Fiscal Analysis March 5,2014 Page 8 of 9 Allocation of MFA remote sales to Washington cities and unincorporated areas Percent of Total FY 2015 New Online sales of 20 County Online Sales of Percent of Sales Overall FY 2015 New County Location Remote Sales in firms 2010-2012 20 Firms 2010-2012 from County Wages County wages Wages from Factor Remote Sales County County __ _ Whitman LaCrosse 315,346 20,509,492 1.5% 2,087,324 609,443,841 0.3% 0.9% 11,554,554 108,616 Whitman Lamont 19,651 20,509,492 0.1% 168,482 609,443,841 0.0% 0.1% 11,554,554 7,133 Whitman Malden 25,072 20,509,492 0.1% - 609,443,841 0.0% 0.1% 11,554,554 7,062 Whitman Oakesdale 121,075 20,509,492 0.6% 874,663 609,443,841 0.1% 0.4% 11,554,554 42,397 Whitman Palouse 452,380 20,509,492 2.2% 1,099,017 609,443,841 0.2% 1.2% 11,554,554 137,848 Whitman Pullman 15,350,327 20,509,492 74.8% 513,606,038 609,443,841 84.3% 79.6% 11,554,554 9,192,776 Whitman Rosalia 285,675 20,509,492 1.4% 3,245,273 609,443,841 0.5% 1.0% 11,554,554 111,235 Whitman St.John 281,323 20,509,492 1.4% 2,060,672 609,443,841 0.3% 0.9% 11,554,554 98,780 Whitman Tekoa 231,061 20,509,492 1.1% 2,600,154 609,443,841 0.4% 0.8% 11,554,554 89,735 Whitman Uniontown 121,921 20,509,492 0.6% 667,271 609,443,841 0.1% 0.4% 11,554,554 40,669 Yakima Yakima Unincorporated 5,757,791 47,442,834 12.1% 787,163,456 3,114,724,179 25.3% 18.7% 47,819,641 8,944,330 Yakima Grandview 1,905,557 47,442,834 4.0% 90,422,811 3,114,724,179 2.9% 3.5% 47,819,641 1,654,466 Yakima Granger 284,163 47,442,834 0.6% 6,081,916 3,114,724,179 0.2% 0.4% 47,819,641 189,897 Yakima Harrah 123,189 47,442,834 0.3% 2,069,652 3,114,724,179 0.1% 0.2% 47,819,641 77,971 Yakima Mabton 264,003 47,442,834 0.6% 10,401,612 3,114,724,179 0.3% 0.4% 47,819,641 212,897 Yakima Moxee 856,558 47,442,834 1.8% 32,904,632 3,114,724,179 1.1% 1.4% 47,819,641 684,269 Yakima Naches 742,134 47,442,834 1.6% 15,488,899 3,114,724,179 0.5% 1.0% 47,819,641 492,913 Yakima Selah 4,237,865 47,442,834 8.9% 106,948,896 3,114,724,179 3.4% 6.2% 47,819,641 2,956,743 Yakima Sunnyside 2,967,271 47,442,834 6.3% 207,004,046 3,114,724,179 6.6% 6.5% 47,819,641 3,084,462 Yakima Tieton 261,733 47,442,834 0.6% 35,378,659 3,114,724,179 1.1% 0.8% 47,819,641 403,486 Yakima Toppenish 1,359,565 47,442,834 2.9% 91,025,197 3,114,724,179 2.9% 2.9% 47,819,641 1,383,926 Yakima Union Gap 580,719 47,442,834 1.2% 160,593,006 3,114,724,179 5.2% 3.2% 47,819,641 1,525,439 Yakima Wapato 937,389 47,442,834 2.0% 47,690,453 3,114,724,179 1.5% 1.8% 47,819,641 838,507 Yakima Yakima 26,132,561 47,442,834 55.1% 1,497,011,343 3,114,724,179 48.1% 51.6% 47,819,641 24,661,692 Yakima Zillah 1,032,336 47,442,834 2.2% 24,539,601 3,114,724,179 0.8% 1.5% 47,819,641 708,643 Washington State Department of Revenue Research and Fiscal Analysis March 5,2014 Page 9 of 9 County Estimates City Estimates Internet Spending 33% Internet Spending 50% Personal Income 33% Wages 50% Wages 33% 100% 100% The following worksheet provides estimated potential taxable remote sales tax revenue by location. This file is intended to be provided along with "FINAL_Local Estimate_Calculations_20131120",which shows how the potential revenue for each location is calculated. Please note that this is an estimate and may not reflect actual tax revenue. Allocation of MFA remote sales local tax revenue to Washington cities and unincorporated areas FY 2015 Potential County Location Remote Sales Revenue* Adams ADAMS COUNTY 18,100 Adams HATTON 300 Adams LIND 800 Adams OTHELLO 20,500 Adams RITZVILLE 5,300 Adams WASHTUCNA 500 Asotin ASOTIN COUNTY 14,700 Asotin ASOTIN CITY 1,100 Asotin CLARKSTON 22,400 Benton BENTON COUNTY 221,400 Benton BENTON CITY 7,900 Benton KENNEWICK 169,900 Benton PROSSER 19,500 Benton RICHLAND 209,300 Benton WEST RICHLAND 21,100 Chelan CHELAN COUNTY 109,700 Chelan CASHMERE 9,100 Chelan CHELAN CITY 11,100 Chelan ENTIAT 2,500 Chelan LEAVENWORTH 10,800 Chelan WENATCHEE 97,700 Clallam CLALLAM COUNTY 117,100 Clallam FORKS 9,300 Clallam PORT ANGELES 69,900 Clallam SEQUIM 31,800 Clark CLARK COUNTY 500,300 Clark BATTLE GROUND 35,800 Clark CAMAS 61,900 Clark LA CENTER 8,000 Clark RIDGEFIELD 13,900 Clark VANCOUVER 474,600 Clark WASHOUGAL 25,800 Clark YACOLT 2,500 Columbia COLUMBIA COUNTY 3,800 Columbia DAYTON 5,900 Columbia STARBUCK 100 Cowlitz COWLITZ COUNTY 119,100 Cowlitz CASTLE ROCK 7,600 Cowlitz KALAMA 7,600 Cowlitz KELSO 29,600 Cowlitz LONGVIEW 94,500 Cowlitz WOODLAND 19,000 Douglas DOUGLAS COUNTY 66,600 Douglas BRIDGEPORT 1,800 Washington State Department of Revenue, Research and Fiscal Analysis March 5,2014 Page 1 of 8 Allocation of MFA remote sales local tax revenue to Washington cities and unincorporated areas FY 2015 Potential County Location Remote Sales Revenue* Douglas EAST WENATCHEE 40,300 Douglas MANSFIELD 600 Douglas ROCK ISLAND 500 Douglas WATERVILLE 2,700 Ferry FERRY COUNTY 14,200 Ferry REPUBLIC 4,200 Franklin FRANKLIN COUNTY 94,200 Franklin CONNELL 7,700 Franklin KAHLOTUS 400 Franklin MESA 1,300 Franklin PASCO 126,600 Garfield GARFIELD COUNTY 2,100 Garfield POMEROY 2,400 Grant GRANT COUNTY 101,200 Grant COULEE CITY 1,600 Grant ELECTRIC CITY 1,600 Grant EPHRATA 23,400 Grant GEORGE 400 Grant GRAND COULEE 6,100 Grant HARTLINE 500 Grant KRUPP 100 Grant MATTAWA 2,400 Grant MOSES LAKE 70,400 Grant QUINCY 13,600 Grant ROYAL CITY 2,600 Grant SOAP LAKE 2,700 Grant WARDEN 3,100 Grant WILSON CREEK 700 Grays Harbor GRAYS HARBOR COUNTY 86,400 Grays Harbor ABERDEEN 44,900 Grays Harbor COSMOPOLIS 4,000 Grays Harbor ELMA 7,400 Grays Harbor HOQUIAM 17,800 Grays Harbor MCCLEARY 3,600 Grays Harbor MONTESANO 11,800 Grays Harbor OAKVILLE 1,800 Grays Harbor WESTPORT 6,200 Grays Harbor OCEAN SHORES 9,400 Island ISLAND COUNTY 158,200 Island COUPEVILLE 19,900 Island LANGLEY 7,400 Island OAK HARBOR 64,500 Washington State Department of Revenue, Research and Fiscal Analysis March 5, 2014 Page 2 of 8 Allocation of MFA remote sales local tax revenue to Washington cities and unincorporated areas County Location FY 2015 Potential Remote Sales Revenue* Jefferson JEFFERSON COUNTY 84,800 Jefferson PORTTOWNSEND 45,500 King KING COUNTY 2,860,200 King ALGONA 12,200 King AUBURN 252,100 King BEAUX ARTS VILLAGE 800 King BELLEVUE 1,105,600 King BLACK DIAMOND 8,400 King BOTHELL 236,400 King CARNATION 10,600 King CLYDE HILL 6,200 King DES MOINES 47,400 King DUVALL 23,800 King ENUMCLAW 35,900 King COVINGTON 30,600 King HUNTS POINT 900 King ISSAQUAH 176,600 King KENT 444,600 King KIRKLAND 415,200 King LAKE FOREST PARK 23,200 King MEDINA 25,300 King MERCER ISLAND 83,300 King MAPLE VALLEY 51,600 King NORMANDY PARK 11,500 King NORTH BEND 25,000 King PACIFIC 18,900 King REDMOND 859,900 King RENTON 446,200 King SEATTLE 3,681,500 King SKYKOMISH 800 King SNOQUALMIE 39,500 King TUKWILA 208,600 King YARROW POINT 3,500 King MILTON 12,600 King FEDERAL WAY 197,700 King SEATAC 88,400 King BURIEN 82,700 King WOODINVILLE 83,100 King NEWCASTLE 20,400 King SHORELINE 110,800 King KENMORE 47,400 King SAMMAMISH 127,100 Washington State Department of Revenue, Research and Fiscal Analysis March 5, 2014 Page 3 of 8 Allocation of MFA remote sales local tax revenue to Washington cities and unincorporated areas County Location FY 2015 Potential Remote Sales Revenue* Kitsap KITSAP COUNTY 475,200 Kitsap BREMERTON 161,400 Kitsap PORT ORCHARD 62,000 Kitsap POULSBO 52,400 Kitsap BAINBRIDGE ISLAND 75,300 Kittitas KITTITAS COUNTY 69,300 Kittitas CLE ELUM 9,700 Kittitas ELLENSBURG 59,600 Kittitas KITTITAS CITY 1,700 Kittitas ROSLYN 2,300 Kittitas SOUTH CLE ELUM 1,000 Klickitat KLICKITAT COUNTY 17,600 Klickitat BINGEN 2,000 Klickitat GOLDENDALE 10,800 Klickitat WHITE SALMON 10,000 Lewis LEWIS COUNTY 110,600 Lewis CENTRALIA 37,700 Lewis CHEHALIS 35,800 Lewis MORTON 5,200 Lewis MOSSYROCK 1,900 Lewis NAPAVINE 1,800 Lewis PE ELL 900 Lewis TOLEDO 3,400 Lewis VADER 600 Lewis WINLOCK 4,500 Lincoln LINCOLN COUNTY 11,400 Lincoln ALMIRA 600 Lincoln CRESTON 600 Lincoln DAVENPORT 7,200 Lincoln HARRINGTON 1,200 Lincoln ODESSA 2,600 Lincoln REARDAN 1,500 Lincoln SPRAGUE 500 Lincoln WILBUR 1,700 Mason MASON COUNTY 118,900 Mason SHELTON 43,400 Okanogan OKANOGAN COUNTY 52,100 Okanogan BREWSTER 9,200 Okanogan CONCONULLY 200 Okanogan COULEE DAM 2,100 Okanogan ELMER CITY 400 Okanogan NESPELEM 400 Washington State Department of Revenue, Research and Fiscal Analysis March 5, 2014 Page 4 of 8 Allocation of MFA remote sales local tax revenue to Washington cities and unincorporated areas FY 2015 Potential County Location Remote Sales Revenue* Okanogan OKANOGAN CITY 6,600 Okanogan OMAK 17,800 Okanogan OROVILLE 8,500 Okanogan PATEROS 2,100 Okanogan RIVERSIDE 600 Okanogan TONASKET 5,900 Okanogan TWISP 3,000 Okanogan WINTHROP 4,600 Pacific PACIFIC COUNTY 22,200 Pacific ILWACO 3,600 Pacific LONG BEACH 5,200 Pacific RAYMOND 8,300 Pacific SOUTH BEND 5,300 Pend Oreille PEND OREILLE COUNTY 12,800 Pend Oreille CUSICK 900 Pend Oreille IONE 1,000 Pend Oreille METALINE 300 Pend Oreille METALINE FALLS 1,000 Pend Oreille NEWPORT 8,500 Pierce PIERCE COUNTY 1,310,600 Pierce BONNEY LAKE 42,800 Pierce BUCKLEY 17,500 Pierce CARBONADO 700 Pierce DUPONT 33,900 Pierce EATONVILLE 9,300 Pierce FIFE 79,200 Pierce FIRCREST 9,600 Pierce GIG HARBOR 65,600 Pierce ORTING 12,700 Pierce PUYALLUP 182,200 Pierce ROY 5,000 Pierce RUSTON 1,600 Pierce SOUTH PRAIRIE 700 Pierce STEILACOOM 12,600 Pierce SUMNER 59,500 Pierce TACOMA 660,600 Pierce WILKESON 600 Pierce UNIVERSITY PLACE 52,700 Pierce EDGEWOOD 13,200 Pierce LAKEWOOD 135,900 San Juan SAN JUAN COUNTY 70,300 San Juan FRIDAY HARBOR 26,700 Washington State Department of Revenue, Research and Fiscal Analysis March 5,2014 Page 5 of 8 Allocation of MFA remote sales local tax revenue to Washington cities and unincorporated areas FY 2015 Potential County Location Remote Sales Revenue* Skagit SKAGIT COUNTY 193,900 Skagit ANACORTES 51,400 Skagit BURLINGTON 42,700 Skagit CONCRETE 3,600 Skagit HAMILTON 200 Skagit LA CONNER 5,700 Skagit LYMAN 400 Skagit MOUNT VERNON 81,500 Skagit SEDRO WOOLLEY 30,900 Skamania SKAMANIA COUNTY 15,600 Skamania NORTH BONNEVILLE 1,700 Skamania STEVENSON 7,300 Snohomish SNOHOMISH COUNTY 893,100 Snohomish ARLINGTON 61,900 Snohomish BRIER 9,100 Snohomish DARRINGTON 2,900 Snohomish EDMONDS 109,500 Snohomish EVERETT 618,200 Snohomish GOLD BAR 4,100 Snohomish GRANITE FALLS 10,400 Snohomish INDEX 300 Snohomish LAKE STEVENS 58,100 Snohomish LYNNWOOD 197,700 Snohomish MARYSVILLE 142,700 Snohomish MONROE 48,900 Snohomish MOUNTLAKE TERRACE 53,100 Snohomish MUKILTEO 78,200 Snohomish SNOHOMISH CITY 51,300 Snohomish STANWOOD 27,500 Snohomish SULTAN 8,900 Snohomish WOODWAY 3,200 Snohomish MILL CREEK 54,100 Spokane SPOKANE COUNTY 808,200 Spokane AIRWAY HEIGHTS 16,500 Spokane CHENEY 23,100 Spokane DEER PARK 8,500 Spokane FAIRFIELD 1,200 Spokane LATAH 200 Spokane MEDICAL LAKE 15,000 Spokane MILLWOOD 3,600 Spokane ROCKFORD 800 Spokane SPANGLE 1,100 Washington State Department of Revenue, Research and Fiscal Analysis March 5, 2014 Page 6 of 8 Allocation of MFA remote sales local tax revenue to Washington cities and unincorporated areas FY 2015 Potential County Location Remote Sales Revenue* Spokane SPOKANE CITY 604,700 Spokane WAVERLY 100 Spokane LIBERTY LAKE 34,300 Spokane SPOKANE VALLEY 204,300 Stevens STEVENS COUNTY 43,400 Stevens CHEWELAH 6,400 Stevens COLVILLE 26,400 Stevens KETTLE FALLS 4,300 Stevens MARCUS 100 Stevens NORTHPORT 1,100 Stevens SPRINGDALE 1,100 Thurston THURSTON COUNTY 420,100 Thurston BUCODA 600 Thurston LACEY 119,100 Thurston OLYMPIA 302,000 Thurston RAINIER 4,000 Thurston TENINO 6,900 Thurston TUMWATER 55,100 Thurston YELM 22,800 Wahkiakum WAHKIAKUM COUNTY 5,000 Wahkiakum CATHLAMET 3,300 Walla Walla WALLA WALLA COUNTY 116,300 Walla Walla COLLEGE PLACE 19,000 Walla Walla PRESCOTT 1,000 Walla Walla WAITSBURG 2,500 Walla Walla WALLA WALLA CITY 91,600 Whatcom WHATCOM COUNTY 476,900 Whatcom BELLINGHAM 318,800 Whatcom BLAINE 61,400 Whatcom EVERSON 6,200 Whatcom FERNDALE 33,600 Whatcom LYNDEN 34,400 Whatcom NOOKSACK 1,400 Whatcom SUMAS 17,700 Whitman WHITMAN COUNTY 57,200 Whitman ALBION 600 Whitman COLFAX 8,300 Whitman COLTON 700 Whitman ENDICOTT 600 Whitman FARMINGTON 200 Whitman GARFIELD 800 Whitman LA CROSSE 1,000 Washington State Department of Revenue, Research and Fiscal Analysis March 5, 2014 Page 7 of 8 Allocation of MFA remote sales local tax revenue to Washington cities and unincorporated areas FY 2015 Potential County Location Remote Sales Revenue* Whitman LAMONT 100 Whitman MALDEN 100 Whitman OAKESDALE 500 Whitman PALOUSE 1,400 Whitman PULLMAN 84,300 Whitman ROSALIA 1,100 Whitman ST.JOHN 900 Whitman TEKOA 900 Whitman UNIONTOWN 400 Yakima YAKIMA COUNTY 293,900 Yakima GRANDVIEW 19,700 Yakima GRANGER 3,300 Yakima HARRAH 1,000 Yakima MABTON 3,000 Yakima MOXEE CITY 7,600 Yakima NACHES 4,600 Yakima SELAH 28,700 Yakima SUNNYSIDE 34,400 Yakima TIETON 4,000 Yakima TOPPENISH 16,400 Yakima UNION GAP 16,000 Yakima WAPATO 9,700 Yakima YAKIMA CITY 255,900 Yakima ZILLAH 7,600 TOTAL 27,743,400 *Estimated revenues are for cities and counties. It does not include transit districts, PFDs, or lodging revenues. Washington State Department of Revenue, Research and Fiscal Analysis March 5, 2014 Page 8 of 8 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 3, 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: Thierman between Sprague and Appleway GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: A concerned citizen requested the City to review the lane assignments on Thierman, between Sprague and Appleway. Public Works/Traffic Engineering provided Council with an RCA containing a brief summary of traffic signal impacts on March 18, 2014. This RCA contains the results of traffic counts recently performed at the intersection of Thierman and Sprague as well as the development of alternate lane configurations at the intersection and serves as a follow-up to the March 18th RCA. The City obtained 24-hour turning movement counts at the intersection of Thierman and Sprague on Tuesday, April 1, 2014. The traffic counts were performed by David Evans and Associates, which provided the City with traffic count information by classification as well as the video recording of the entire 24-hours. The vehicle classifications were very broad, split into three categories as follows: • Cars, Vans, & Motorcycles • Medium (Straight Body) Trucks without trailers o U-Haul, Penske, Ryder moving trucks o Shipping trucks o Maintenance trucks o Dump trucks • Heavy (Articulated) Trucks with trailers o Larger semi-trucks with trailers o Maintenance trucks with trailers o Dump trucks with trailers The results of the daily counts concluded that approximately 7,000 vehicles per day use the segment of Thierman between Sprague and Appleway, and that about 76% of this traffic is going northbound on Thierman approaching Sprague. Of the daily traffic, approximately 236 trucks daily use this segment to travel northbound from Appleway to Sprague, or 4.4% of all northbound traffic. About 71% of the trucks traveling northbound on Thierman between Sprague and Appleway made a left-turn resulting in 168 trucks daily. This included both medium and heavy trucks. A total of 54 trucks daily were classified as heavy trucks, or 1.6% of the total traffic making a northbound left-turn at the Thierman/Sprague intersection. The peak hour results had very similar percentages as the daily traffic volumes. The majority of truck traffic traveling northbound on Thierman between Sprague and Appleway made left-turns onto Sprague. The truck traffic generally accounts for less than 5.0% of all traffic, resulting in less than one truck arriving every four minutes. Separating the data out to focus only on heavy trucks, on average one heavy truck will arrive every 20-30 minutes to make the northbound left-turn at Thierman/Sprague. There may be instances where two trucks will arrive simultaneously to make a northbound left- turn from Thierman to Sprague. This event should be treated as a non-reoccurring event, based on the traffic data collected, as the occurrence is believed to be infrequent. In general, it is likely that only one truck will be present during a cycle of the traffic signal, which will not cause excessive queuing or blocking as the frequency of truck arrivals is very low and the traffic signal timing is coordinated to facilitate traffic movement from Thierman to Sprague. Alternate lane configurations were also considered and analyzed based on the existing traffic counts. Four options were developed, which could be accommodated within the existing right- of-way. The four options are as follows: • Option 1 — Modifying the northbound through lane to a shared through-left-turn lane; no changes to Appleway/Thierman • Option 2 — Modifying the northbound approach to have dual left-turn lanes and a single through lane; reducing the southbound left-turn lane length at Appleway/Thierman • Option 3 — Modifying the northbound approach to have dual left-turn lanes and a single through lane; eliminating the southbound left-turn lane at Appleway/Thierman • Option 4— Converting Thierman to a one-way roadway in the northbound direction The above four options were analyzed using the traffic engineering software Synchro, to determine the operational characteristics of the alternate lane configurations. The traffic counts and analyses reveal that the existing lane configurations on Thierman Road between Sprague and Appleway perform adequately with the existing traffic signal timing and that the existing traffic signal timing at Thierman/Sprague is appropriate and better accommodates the traffic demand for the intersection in comparison to the options analyzed. The next best option from the operational and driver expectancy perspectives is Option 1. No changes to lane configurations or signal timing are recommended at this time. Since no changes are recommended for the Thierman/Sprague intersection, no changes are recommended at the Thierman/Appleway intersection. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Sean Messner, Senior Traffic Engineer Eric Guth, Public Works Director ATTACHMENTS: Presentation, Thierman & Sprague Analysis, Existing Traffic Counts Thierman : to Sp , _.... .� 'mss 1 lr t o l 1 _ a 1 csli -' rn-4.,.t ..,---f. . , ff------ '-1 ti„, '-- c'--"7Eo fJ r im '. 1 34- Eii ` OW -e J'n Ri y -, ._ �� /! v.E LSE'~ ky at S ;":"-•:..,'.,-'''':-.4;, ,,:,':1:':-:-.;',.;':,..,;,'"':.:.:..'..-L'.-.`r; .:::411 :p 61:LLL 's9� r i ,v I: azo t, _� r , _ 'ice' roc-.• June 3, 2014 Sean Messner, PE 1 Analysis History Analysis conducted in April of 2012 •: Performed intersection turning movement counts + Performed Synchro analysis +Analyzed queues based on traffic volumes collected Results of 2012 study + No changes recommended +Queue storage is sufficient to accommodate existing traffic + Blocking may occur on a non-reoccurring basis 2 Current Analysis Data collected on April 1, 2014 +Obtained intersection turning movement counts and vehicle classifications at the intersection of Sprague/Thierman Reviewed traffic data •: Reviewed and analyzed truck data at approaches to Sprague and Thierman Analyses •: Performed Synchro analyses to determine existing operations 3 Data Collected Turning movements — Daily 435 4) 4.0% 798 (31) Valagligi Orr. — 459 (21) E SQ1B9 �� 17,034 (357) 2.1% 854 (14) , , L. Vehicles (Trucks) • ,_ 3,423 (168) 4,0/ 1,935 (68) 4 Data Collected Turning movements — AM Peak Hour 54 6.7% 40 (4) = . . - ,..,cr-- , _. . , X05 — - 31 1 O E SQra7.: AL e 1 1,645 (19) 1.2% 31x1) _ -- -6,11orilimil - Z- g_ . 4:- i4; r` Vehicles (Trucks) " +. . � 238 (9) 4,9% 100 (6) 5 Data Collected Turning movements — Mid-day Peak Hour 24 4.5% 54 a w 35 (2) — E SP1B �� 1,250 (30) 2.5% 62 2) _ -- -elia___AH-- Him - ill -__, . . 7 I., ,____„.. 1 .,4 , '.. ' t.' - if Vehicles (Trucks) ti,,,, ,.. ,: .,., cr. „ r . , 4 , i ., , 41 + ' I 299 (10) 35% 177 (6) 6 Data Col Turning movements — PM Peak Hour 46 96 (4) . 32 (2) E sQf�9 �� 1,179 (20) 1.7% 93x0) __ -- -elia___AH-- Him - ..,..jr ..„,_ ___„, ., _ 7..1" -. . ci,...,,,-7-, �* �` Vehicles (Trucks)i: ,.. ,, .,., cr. „ r . 224 (7) 2.1% 148 (1) 7 Summary of Existing Conditions ❖74% of entering traffic is westbound on Sprague ❖21% of entering traffic is northbound on Thierman ❖ Majority traffic turns left onto Sprague ❖Trucks account for less than 4.5% of left-turning traffic ❖Generally no more than 1 truck every 4 minutes ❖Traffic data validates current signal timing and design ❖ Blocking of intersection at Appleway is non-reoccurring 8 Requested Analyses ❖ Review existing conditions to develop conceptual options that may add left-turn capacity on Thierman to assist with isolated blocking incidents ❖ Determine if alternate lane configurations will improve traffic flow and coordination along Sprague/Appleway ❖ Determine if alternate lane configurations are feasible 9 in 1 IP Option 1 III , k. _. -• _ tv; ,. „. Change Northbound Approach ... _ _ .___ . -- __ _ ❖ Left-turn lane, shared through/left lane -- - _ _ = __ - ` T- Implementation _ � � p 1 ❖ Restriping •, E; ❖ Lane legend, lane line, cat-tracks I'. ' ❖Additional Signing g g ❖On Thierman and at signal ❖Signal modification oo !_ + Remove and install new heads =` -- t -- - - APPLEWAY +Signal timing modifications , L ik 1 10 Option Pros 1 ..,1: Cons ❖Additional lane for NB ❖ Potential for lane trapping left-turn ----L.-- -/ \' - -_ ••• -- . Increase risk for crashes ❖ Possibly better for SPRAGUE T ❖ Up to 25% increase 21% of entering traffic 1 t- ❖Added delay ❖ Potentially reduce risk � I 1 ❖ 11 — . Overall . 2.7 seconds per of isolated blocking A._ _ ', �w vehicle incidents 44 . • ❖ N B: 18.2 seconds t EwAY ❖ Potential queuing (SB) across tracks 11 1 III . k. Option , _ .. _ _ _____ _ tv; ,. . . , , ,,4 Ballpark Costs '_ { �z. ❖ Design : $5,000 - $10,000 � � - . Construction : $15,000 $30,000 ❖ Maintenance : Minor increase ,, v 1 Additional Inforn' tion �. � ' II III 1 17 31 ❖ If selected, operate split phasing ( NB movement, then SB movement) for safety. ;._ o ,,o t +Option increases delayto 74% of traffic �=` _' p APPLEWAY entering intersection . ii--...- - - 1 12 . ,ar. Option2 ' _ + Change Northbound Approach ❖ Dual left-turn lane, single through lane SPRAGUE Implementation e t ❖ Restriping ❖ Lane legends, lane lines, cat-tracks, railroad ' symbol, restripe north of Sprague • . 1 cri ❖Additional Signing ` " ❖On Thierman and at signal (NB & SB) o ti 10 ❖Signal modification =' �. Cb ❖ Remove/install new heads, longer mast arm rt APPLEWAY ❖Signal timing modificationsiiim---_, . immilm 13 Option Pros , . Cons F-i ❖Additional lane for NB ul '' = ❖ Potential for lane trapping left-turn , -. , ,a _ ❖ Increase risk for crashes ❖ Possibly better for SPRAGUE ❖ Up to 30% increase 21% of entering traffic I , - ❖Added delay ❖ Potentially reduce risk - I. ti +Overall : 3. 1 seconds of isolated blocking _ ❖ N B: 3.4 seconds I; incidents ti ❖SB: 13.4 seconds - ❖ Potential queuing (SB) Irs APPLEWAY across tracks 14 Option Ballpark Costs ❖ Design : $10,000 - $ 15,000 SPRAGUE ❖Construction : $30,000 - $50,000 1 t ❖ Maintenance : Minor increase 1Additional Inforrr*ation •� �. � i ❖ If selected, operate with protected NB left-turn phasing for safety. 44� ctr +Option ��-=:rim. . Option increases delay to 100% of traffic - . - _ : AP„EwAY entering intersection . MINIM- MEM 15 (" ption + Change Northbound Approach ❖ Dual left-turn lane, single through lane SPRAGUE Implementation ❖ Restri pi ng ❖ Lane legends, lane lines, cat-tracks, railroad symbol, restripe north of Sprague ❖Additional Signing ❖On Thierman and at signals (Sprague & 640 Appleway ❖Signal modifications (Sprague & Appleway) = APPLEWAY ❖ Remove/install new heads, longer mast arm EMII 'MEM ❖Signal timing modifications 16 • 0-h ••• ••�• CD •,•• -13 mit 0- n' 0 :::$ 0 r1 D O CD O C Q N = r+ rte+ �' —. - CD � = r+ vi CD r+ O Cr ,G CD rD CD 0M CD —• r+ -s CD n cu 0 -h CD - -s 0 �,• z CO NksA '•,..y'f; 1 4--;-7-77"' . . 0 r, - ,; 4- -C:3 . , . y THEIRM?N -- . ,�1l11 G:. , , .. . 1 3 • 0 I l ar7 7..1 , , CU CA.) •�• • •�• •�•> _ ••�• n n O O = = ) O� •�• •�• ..• 9- ..• q 2. N c) N rD C-D 0_ r+ CD — W W• D CD O _s — CD vi CC -IIap W O - n n N - 0 -= I =r -' = Q Q n -s rte+ v) fts -• Option i Ballpark Costs ❖ Design : $15,000 - $ SPRAGUE ❖Construction : $30,000 - $60,000 1 t ❖ Maintenance : Minor increase 1Additional Inforrr*ation •� �. � i ❖ If selected, operate with protected NB left-turn phasing for safety. _ 4,�� ctr +Option �i-=:rim. . Option increases delay to 100% of traffic - . - _ : AP„EwAY entering intersection . MINIM- MEM 18 1 Option 4 : , ,.. .. ,,, 1 : Change Northbound Approach s, t ,: _ ,.� :- ❖Convert Thierman to one-way (NB) '', I;: - - - Implementation 5, J ❖ Restri pi ng111 , , ❖ Entire Thierman restriping _ , , , ❖Additional Signing ' ' I 1 1 1 w x ❖On Thierman & at signals i i i ❖Signal modifications (Sprague & Applewa Y) . . o 1 , i ❖ Remove/install new heads, longer mast arm v ,.7° ❖Signal timing modifications ` _ = - APPLEOF 7: Create U-turn at David (for SB Thierman) .� . 1 19 Option Pros Cons ❖Additional lanes for r - ❖ Potential for lane trapping NB left-turn - J . t f',., ":-:. ❖ Increase risk for crashes ❖ Possibly better for ,, SPIE ❖ Up to 20% increase 21% of enteringtraffic — , t 1 _ +Added delay Y ❖ Potential)Y eliminate ' ..,;-1_,- � 4 ❖Overall : -0.3 seconds i i i L ❖ NB: 8.4 seconds risk of isolated blocking € iia incidents ❖SB: -16. 1 seconds* . __4a ; ' ' ` 4..._ ❖ Potentialqueuing (SB) Mti*a . �a tot . - APPLEWAY across tracks �� 't � ❖ Business impacts 20 1 0 pt i o n 4 t , ,. .. , .., , Ballpark Costst i y y ❖ Design : $25,000 - $50,000 II, , ❖Construction : $75,000 - $ 150,000 A ., ❖ Maintenance : Additional increase 1 1 I Additional Inforrr*ation _Ir. ' ' I I 1 w x ❖ If selected, operate with split phasing ( NBandSB) forsafety. 40 111 ❖Option increases delay to 95% of traffic _ __ __-_ _ - APPLEW entering intersection . -• __ • i 21 Conclusions ❖All options increase delay on Sprague by 3-5 seconds per vehicle. ❖ Based on current traffic counts, updated analyses, and periodic monitoring, it is recommended to keep the current operations with no changes. ❖ If changes are requested, Option 1 operated under split phasing would better meet driver expectation, be less expensive to implement, and provide the best operation between the presented options. 22 r i�.�.�}� Public Works Department plane Traffic Engineering Division Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 • cityhall®spokanevalley.org Memorandum Date: April 28, 2014 To: File From: Sean Messner, P.E. —Senior Traffic Engineer CC: Re: Thierman &Sprague Analysis A concerned citizen requested the City to review the lane assignments on Thierman, between Sprague and Appleway. Public Works/Traffic Engineering provided Council with an RCA containing a brief summary of traffic signal impacts on March 18, 2014. This RCA contains the results of traffic counts recently performed at the intersection of Thierman and Sprague and serves as a follow-up to the March 18th RCA. Background The City obtained 24-hour turning movement counts at the intersection of Thierman and Sprague on Tuesday, April 1, 2014. The traffic counts were performed by David Evans and Associates, which provided the City with traffic count information by classification as well as the video recording of the entire 24-hours. The vehicle classifications were very broad, split into three categories as follows: • Cars, Vans, & Motorcycles • Medium (Straight Body)Trucks without trailers o U-Haul, Penske, Ryder moving trucks o Shipping trucks o Maintenance trucks o Dump trucks • Heavy (Articulated)Trucks with trailers o Larger semi-trucks with trailers o Maintenance trucks with trailers o Dump trucks with trailers Page 1 of 8 P:\Clerk\AgendaPackets for Web\agendapacket 2014,06-03\Item 5 Thierman&Sprague Existing Traffic Data 04-28- 14.doc Analysis Daily Analysis The results of the daily counts concluded that approximately 7,000 vehicles use the segment of Thierman between Sprague and Appleway. The majority of traffic, approximately 5,358 vehicles per day (about 76%), is northbound traffic. The traffic counts reveal that approximately 4.4% of the northbound traffic is truck traffic (both Medium and Heavy) resulting in a total of 236 trucks daily traveling northbound from Appleway to Sprague. The remaining 95.6% of vehicles traveling northbound on Thierman were classified as cars/pick-up/SUV, vans, and motorcycles. Of the 236 trucks that arrived daily, 168 (71%) made a left-turn from Thierman to Sprague while the remaining 68 (29%) continued northbound. Of the 168 trucks that made a left-turn from Thierman to Sprague, 114 (68%) were medium (straight body) trucks and 54 (32%) were heavy (articulated) trucks. All trucks making a left-turn from Thierman to Sprague account for 4.9% of all traffic making this movement. Heavy trucks with trailers making a left-turn from Thierman to Sprague account for 1.6% of all traffic making this movement. i ... ..-,--c. '` "..1/4. ,..— `-_' E 5pra e y8. -- IIIPli. I1 ,� Left-turns Only 4 T y Cars/SUV: 3,255 (95.1%) Total Trucks: 168 (4.9%) - r_, +�•Ai Medium Trucks: 114 (3.3%) Heavy Trucks: 54 (1.6%) C r or 1a Page 2 of 8 P:\Clerk\AgendaPackets for Web\agendapacket 2014,06-03\Item 5 Thierman&Sprague Existing Traffic Data 04-28- 14.doc Morning Peak Hour Analysis The AM peak hour occurred between 7:15 and 8:15 AM. The results of the AM peak hour counts concluded that approximately 409 vehicles use the segment of Thierman between Sprague and Appleway. The majority of traffic, approximately 338 vehicles (about 83%), is northbound traffic. The traffic counts reveal that approximately 4.4% of the northbound traffic is truck traffic (both Medium and Heavy) resulting in a total of 15 trucks during the AM peak hour traveling northbound from Appleway to Sprague. The remaining 95.6% of vehicles traveling northbound on Thierman were classified as cars/pick-up/SUV, vans, and motorcycles. This is equivalent to one truck every 4 minutes. Of the 15 trucks that arrived during the AM peak hour, 9 (60%) made a left-turn from Thierman to Sprague while the remaining 6 (30%) continued northbound. Of the 9 trucks that made a left- turn from Thierman to Sprague, 6 (67%) were medium (straight body) trucks and 3 (33%) were heavy (articulated) trucks. The trucks making a left-turn from Thierman to Sprague account for 3.8% of all traffic making this movement. Heavy trucks with trailers making a left-turn from Thierman to Sprague account for 1.3% of all traffic making this movement. •fix � m,_." "" .•., '.t' 114 Zi -------x — _.4 Ilmol - Yx, E.Sprays VeT } , _ iF — - — - i 4- -y ; Left-turns Only Cars/SUV: 229 (96.2%) Total Trucks: 9 (3.8%) F__'. ,',.N Medium Trucks: 6 (2.5%) li — ,, Heavy Trucks: 3 (1.3%) r AS- 4- '1` ' n / ....,.. ''' — ' .� Page 3 of 8 P:\Clerk\AgendaPackets for Web\agendapacket 2014,06-03\Item 5 Thierman&Sprague Existing Traffic Data 04-28- 14.doc Midday Peak Hour Analysis The midday peak hour occurred between 12:15 and 1:15 PM. The results of the midday peak hour counts concluded that approximately 592 vehicles use the segment of Thierman between Sprague and Appleway. The majority of traffic, approximately 476 vehicles (about 80%), is northbound traffic. The traffic counts reveal that approximately 3.4% of the northbound traffic is truck traffic (both Medium and Heavy) resulting in a total of 16 trucks during the midday peak hour traveling northbound from Appleway to Sprague. The remaining 96.6% of vehicles traveling northbound on Thierman were classified as cars/pick-up/SUV, vans, and motorcycles. This is equivalent to about one truck every 4 minutes. Of the 16 trucks that arrived during the midday peak hour, 10 (63%) made a left-turn from Thierman to Sprague while the remaining 6 (27%) continued northbound. Of the 10 trucks that made a left-turn from Thierman to Sprague, 7 (70%) were medium (straight body) trucks and 3 (30%) were heavy (articulated) trucks. The trucks making a left-turn from Thierman to Sprague account for 3.3% of all traffic making this movement. Heavy trucks with trailers making a left- turn from Thierman to Sprague account for 1.0% of all traffic making this movement. "�_ ti _4404 \. . .y- ->_ i-__ :- t + yam. -- '- --- f.a. : .�}-_--- E 5prare 'vee v� r4-ill Left turns Only ,' Cars/SUV: 289 (96.7%) -- Total Trucks: 10 (3.3%) . ._ Pi .'•. Medium Trucks: 7 (2.3%) Heavy Trucks: 3 (1.0%) r► t : of \ J — c !! -74_! a: I i" xi , a s Page 4 of 8 P:\Clerk\AgendaPackets for Web\agendapacket 2014,06-03\Item 5 Thierman&Sprague Existing Traffic Data 04-28- 14.doc Mid-afternoon Peak Hour Analysis The mid-afternoon peak hour occurred between 2:45 and 3:45 PM. The results of the mid- afternoon peak hour counts concluded that approximately 563 vehicles use the segment of Thierman between Sprague and Appleway. The majority of traffic, approximately 417 vehicles (about 74%), is northbound traffic. The traffic counts reveal that approximately 3.3% of the northbound traffic is truck traffic (both Medium and Heavy) resulting in a total of 14 trucks during the mid-afternoon peak hour traveling northbound from Appleway to Sprague. The remaining 96.7% of vehicles traveling northbound on Thierman were classified as cars/pick- up/SUV, vans, and motorcycles. This is equivalent to about one truck every 4 minutes. Of the 14 trucks that arrived during the mid-afternoon peak hour, 12 (86%) made a left-turn from Thierman to Sprague while the remaining 2 (14%) continued northbound. Of the 12 trucks that made a left-turn from Thierman to Sprague, 11 (92%) were medium (straight body) trucks and 1 (8%) was heavy (articulated) trucks. The trucks making a left-turn from Thierman to Sprague account for 4.6% of all traffic making this movement. Heavy trucks with trailers making a left-turn from Thierman to Sprague account for 0.4% of all traffic making this movement. r 1 +1 a— _boy w 'L� (12 E_SpraLre 'ye_ 1111 11 Left-turns Only Cars/SUV: 247 (95.4%) Total Trucks: 12 (4.6%) ;Y +' Medium Trucks: 11 (4.2%) Heavy Trucks: 1 (0.4%) I Page 5 of 8 P:\Clerk\AgendaPackets for Web\agendapacket 2014,06-03\Item 5 Thierman&Sprague Existing Traffic Data 04-28- 14.doc Late-afternoon Peak Hour Analysis The mid-afternoon peak hour occurred between 4:00 and 5:00 PM. The results of the late- afternoon peak hour counts concluded that approximately 537 vehicles use the segment of Thierman between Sprague and Appleway. The majority of traffic, approximately 375 vehicles (about 73%), is northbound traffic. The traffic counts reveal that approximately 1.9% of the northbound traffic is truck traffic (both Medium and Heavy) resulting in a total of 7 trucks during the late-afternoon peak hour traveling northbound from Appleway to Sprague. The remaining 98.1% of vehicles traveling northbound on Thierman were classified as cars/pick- up/SUV, vans, and motorcycles. This is equivalent to about one truck every 8 minutes. Of the 7 trucks that arrived during the late-afternoon peak hour, 5 (71%) made a left-turn from Thierman to Sprague while the remaining 2 (29%) continued northbound. Of the 5 trucks that made a left-turn from Thierman to Sprague, 3 (60%) were medium (straight body) trucks and 2 (40%) were heavy (articulated) trucks. The trucks making a left-turn from Thierman to Sprague account for 2.2% of all traffic making this movement. Heavy trucks with trailers making a left- turn from Thierman to Sprague account for 0.9% of all traffic making this movement. Atia . i,,e-N �- -s --- - - - .1,i' ,.4 ^ _ „y a E Sprare 've„_- - r=- _ ` r — : - 1 , - - y---� , '' ilfi1 ,II -v Left-turns Only f Cars/SUV: 226 (97.8%) - Total Trucks: 5 (2.2%) . ii. i'•. Medium Trucks: 3 (1.3%) - o ;, Heavy Trucks: 2 (0.9%) n { R 0X r 7.. .,:.. • • X V. ° W' :-_ti. 1— Fes' y _ p Y Page 6 of 8 P:\Clerk\AgendaPackets for Web\agendapacket 2014,06-03\Item 5 Thierman&Sprague Existing Traffic Data 04-28- 14.doc Evening Peak Hour Analysis The evening peak hour occurred between 4:30 and 5:30 PM. The results of the evening peak hour counts concluded that approximately 561 vehicles use the segment of Thierman between Sprague and Appleway. The majority of traffic, approximately 372 vehicles (about 66%), is northbound traffic. The traffic counts reveal that approximately 2.2% of the northbound traffic is truck traffic (both Medium and Heavy) resulting in a total of 8 trucks during the evening peak hour traveling northbound from Appleway to Sprague. The remaining 97.8% of vehicles traveling northbound on Thierman were classified as cars/pick-up/SUV, vans, and motorcycles. This is equivalent to about one truck every 7 minutes. Of the 8 trucks that arrived during the late-afternoon peak hour, 7 (88%) made a left-turn from Thierman to Sprague while the remaining 1 (12%) continued northbound. Of the 7 trucks that made a left-turn from Thierman to Sprague, 4 (57%) were medium (straight body) trucks and 3 (43%) were heavy (articulated) trucks. The trucks making a left-turn from Thierman to Sprague account for 3.1% of all traffic making this movement. Heavy trucks with trailers making a left- turn from Thierman to Sprague account for 1.3%of all traffic making this movement. Sprare ve .,ter _, - — 11 — . 'M, I[ill1ilt • Left-turns Only - Cars/SUV: 217 (96.9%) - Total Trucks: 7 (3.1%) r .` 1"•. ' Medium Trucks: 4 (1.8%) Heavy Trucks: 3 (1.3%) HT1 - r • - • � � r. o + arm iimkr Page 7 of 8 P:\Clerk\AgendaPackets for Web\agendapacket 2014,06-03\Item 5 Thierman&Sprague Existing Traffic Data 04-28- 14.doc Summary of Recommendations The majority of truck traffic traveling northbound on Thierman between Sprague and Appleway make left-turns onto Sprague. The truck traffic generally accounts for less than 4.5% of all traffic, and typically accounts for no more than 1 truck every 4 minutes. In general, only 1 truck will be present during a cycle of the traffic signal, which will not cause excessive queuing or blocking as the frequency of truck arrivals is very low. The traffic counts do not justify the change of lane configurations on Thierman Road between Sprague and Appleway. The traffic counts validate that the existing traffic signal timing is appropriate and adequate for the intersection of Thierman and Sprague. No changes to lane configurations or signal timing are recommended at this time. Page 8 of 8 P:\Clerk\AgendaPackets for Web\agendapacket 2014,06-03\Item 5 Thierman&Sprague Existing Traffic Data 04-28- 14.doc SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -ALL VEHICLES & PEDESTRIANS Study Name: Intersection Study -Spokane Valley, WA Study Date: Tuesday, April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com DAILY TRAFFIC N. Thierman Street NORTH 24-Hour Totals IN+OUT Pedestrians 3627 Pedestrians 10 Ebd> IN OUT 15 <Wbd 5 Sbd v 1233 2394 11 v Sbd Right Thru 4351 798 E.Sprague Avenue 459 Right OUT 20892 Total Vehicles Entering 17034 Thru 18347 IN 24938 854 Left 4-- ONE-WAY Westbound IN+OUT 18347 Total Pedestrians Crossing 93 0 OUT E. Sprague Avenue 34231 1935 Left Thru 2 Nbd A 1652 5358 39 A Nbd 8 Ebd> OUT IN 3 <Wbd Pedestrians 7010 Pedestrians IN+OUT PEAK HOUR FACTOR= Not Applicable N. Thierman Street ALL VEHICLES & PEDESTRIANS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -ALL TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 24-Hour Totals 4.0% of All Vehicles 0 IN+ OUT 144 IN OUT 55 89 Right Thru 241 31 E. Sprague Avenue 21 Right OUT 549 Total Vehicles Entering 357 Thru 392 IN 683 14 Left 2.6% 4-- ONE-WAY Westbound 2.7% IN+ OUT 392 2.1% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 1681 68 Left Thru 45 236 OUT IN 281 IN+OUT 4.0% of All Vehicles N. Thierman Street ALL TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT-CARS and VANS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1,2014 Study Period: 12:00 AM -12:00 AM,April 2 Intersection: E.Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N.Thierman Street NORTH 24-Hour Totals 96.0% of All Vehicles 0 IN+OUT 3483 IN OUT 1178 2305 Right Thru 4111 767 E.Sprague Avenue 438 Right OUT 20343 Total Vehicles Entering 16677 Thru 17955 IN 24255 840 Left 97.4% 41 — ONE-WAY Westbound 97.3% IN+OUT 17955 97.9% of All Vehicles of all Vehicles of All Vehicles 0 OUT E.Sprague Avenue 32551 1867 Left Thru 1607 5122 OUT IN 6729 IN+OUT 96.0% of All Vehicles N.Thierman Street CARS, VANS& MOTORCYCLES SUMMARY - INTERSECTION TURNING MOVEMENT COUNT - MEDIUM TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 24-Hour Totals 2.9% of All Vehicles 0 IN+ OUT 105 IN OUT 41 64 Right Thru 161 25 E. Sprague Avenue 14 Right OUT 437 Total Vehicles Entering 307 Thru 335 IN 540 14 Left 2.1% A-- ONE-WAY Westbound 2.2% IN+ OUT 335 1.8% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 1141 50 Left Thru 39 164 OUT IN 203 IN+OUT 2.9% of All Vehicles N. Thierman Street MEDIUM (STRAIGHT BODY) TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -HEAVY TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 24-Hour Totals 1.1% of All Vehicles IN+OUT 39 IN OUT 14 25 Right Thru 81 6 E.Sprague Avenue 7 Right OUT 112 Total Vehicles Entering 50 Thru 57 IN 143 0 Left 0.5% A-- ONE-WAY Westbound 0.6% IN+ OUT 57 0.3% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 541 18 Left Thru 6 72 OUT IN 78 IN+OUT 1.1% of All Vehicles N. Thierman Street HEAVY (ARTICULATED) TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -ALL VEHICLES & PEDESTRIANS Study Name: Intersection Study -Spokane Valley, WA Study Date: Tuesday, April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR(of Vehicle Traffic) N.Thierman Street NORTH 7:15-8:15 AM Morning IN+ OUT Pedestrians 225 Pedestrians 0 Ebd> IN OUT 0 <Wbd 0 Sbd v 94 131 1 v Sbd Right Thru 541 40 E. Sprague Avenue 31 Right OUT 1937 Total Vehicles Entering 1645 Thru 1707 IN 2139 31 Left 4-- ONE-WAY Westbound IN+OUT 1707 Total Pedestrians Crossing 2 O OUT E. Sprague Avenue 2381 100 Left Thru 0 Nbd ^ 71 338 1 ^ Nbd 0 Ebd> OUT IN 0 <Wbd Pedestrians 409 Pedestrians IN+OUT PEAK HOUR FACTOR=0.91 N. Thierman Street ALL VEHICLES & PEDESTRIANS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -ALL TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 7:15-8:15 AM 6.7% of All Vehicles Morning IN+ OUT 15 IN OUT 8 7 Right Thru 41 4 E.Sprague Avenue 1 Right OUT 32 Total Vehicles Entering 19 Thru 21 IN 44 1 Left 1.7% 4-- ONE-WAY Westbound 2.1% IN+ OUT 21 1.2% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 91 6 Left Thru 5 15 OUT IN 20 IN+OUT 4.9% of All Vehicles N. Thierman Street ALL TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT-CARS and VANS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1,2014 Study Period: 12:00 AM -12:00 AM,April 2 Intersection: E.Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N.Thierman Street NORTH 7:15-8:15 AM 93.3% of All Vehicles Morning IN+OUT 210 IN OUT 86 124 Right Thru 501 36 E.Sprague Avenue 30 Right OUT 1905 Total Vehicles Entering 1626 Thru 1686 IN 2095 30 Left 98.3% -4 — ONE-WAY Westbound 97.9% IN+OUT 1686 98.8% of All Vehicles of all Vehicles of All Vehicles 0 OUT E.Sprague Avenue 2291 94 Left Thru 66 323 OUT IN 389 IN+OUT 95.1% of All Vehicles N.Thierman Street CARS, VANS& MOTORCYCLES SUMMARY - INTERSECTION TURNING MOVEMENT COUNT - MEDIUM TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 7:15-8:15 AM 4.4% of All Vehicles Morning IN+ OUT 10 IN OUT 7 3 Right Thru 31 4 E.Sprague Avenue 0 Right OUT 25 Total Vehicles Entering 16 Thru 17 IN 33 1 Left 1.3% A-- ONE-WAY Westbound 1.5% IN+ OUT 17 1.0% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 61 3 Left Thru 5 9 OUT IN 14 IN+OUT 3.4% of All Vehicles N. Thierman Street MEDIUM (STRAIGHT BODY) TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -HEAVY TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 7:15-8:15 AM 2.2% of All Vehicles Morning IN+ OUT 5 IN OUT 1 4 Right Thru 11 0 E.Sprague Avenue 1 Right OUT 7 Total Vehicles Entering 3 Thru 4 IN 11 0 Left 0.4% A-- ONE-WAY Westbound 0.5% IN+ OUT 4 0.2% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 31 3 Left Thru 0 6 OUT IN 6 IN+OUT 1.5% of All Vehicles N. Thierman Street HEAVY (ARTICULATED) TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -ALL VEHICLES & PEDESTRIANS Study Name: Intersection Study -Spokane Valley, WA Study Date: Tuesday, April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR(of Vehicle Traffic) N.Thierman Street NORTH 2:45-3:45 PM Mid-afternoon IN+OUT Pedestrians 299 Pedestrians 0 Ebd> IN OUT 0 <Wbd O Sbd v 101 198 O v Sbd Right Thru 301 71 E. Sprague Avenue 40 Right OUT 1568 Total Vehicles Entering 1279 Thru 1394 IN 1912 75 Left 4-- ONE-WAY Westbound IN+OUT 1394 Total Pedestrians Crossing 1 O OUT E. Sprague Avenue 2591 158 Left Thru 0 Nbd A 146 417 1 A Nbd 0 Ebd> OUT IN 0 <Wbd Pedestrians 563 Pedestrians IN+OUT PEAK HOUR FACTOR=0.94 N. Thierman Street ALL VEHICLES & PEDESTRIANS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -ALL TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 2:45-3:45 PM 2.7% of All Vehicles Mid-afternoon IN+OUT 8 IN OUT 4 4 Right Thru 11 3 E.Sprague Avenue 2 Right OUT 37 Total Vehicles Entering 24 Thru 26 IN 44 0 Left 2.4% 4-- ONE-WAY Westbound 2.3% IN+ OUT 26 1.9% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 121 2 Left Thru 3 14 OUT IN 17 IN+OUT 3.0% of All Vehicles N. Thierman Street ALL TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT-CARS and VANS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1,2014 Study Period: 12:00 AM -12:00 AM,April 2 Intersection: E.Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N.Thierman Street NORTH 2:45-3:45 PM 97.3% of All Vehicles Mid-afternoon IN+OUT 291 IN OUT 97 194 Right Thru 291 68 E.Sprague Avenue 38 Right OUT 1531 Total Vehicles Entering 1255 Thru 1368 IN 1868 75 Left 97.6% -4 — ONE-WAY Westbound 97.7% IN+OUT 1368 98.1% of All Vehicles of all Vehicles of All Vehicles 0 OUT E.Sprague Avenue 2471 156 Left Thru 143 403 OUT IN 546 IN+OUT 97.0% of All Vehicles N.Thierman Street CARS, VANS& MOTORCYCLES SUMMARY - INTERSECTION TURNING MOVEMENT COUNT - MEDIUM TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 2:45-3:45 PM 2.3% of All Vehicles Mid-afternoon IN+OUT 7 IN OUT 4 3 Right Thru 11 3 E.Sprague Avenue 1 Right OUT 35 Total Vehicles Entering 23 Thru 24 IN 41 0 Left 2.2% A-- ONE-WAY Westbound 2.1% IN+ OUT 24 1.7% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 111 2 Left Thru 3 13 OUT IN 16 IN+OUT 2.8% of All Vehicles N. Thierman Street MEDIUM (STRAIGHT BODY) TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -HEAVY TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 2:45-3:45 PM 0.3% of All Vehicles Mid-afternoon IN+OUT 1 IN OUT 0 1 Right Thru 01 0 E.Sprague Avenue 1 Right OUT 2 Total Vehicles Entering 1 Thru 2 IN 3 0 Left 0.1% A-- ONE-WAY Westbound 0.2% IN+ OUT 2 0.1% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 11 0 Left Thru 0 1 OUT IN 1 IN+OUT 0.2% of All Vehicles N. Thierman Street HEAVY (ARTICULATED) TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -ALL VEHICLES & PEDESTRIANS Study Name: Intersection Study -Spokane Valley, WA Study Date: Tuesday, April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR(of Vehicle Traffic) N.Thierman Street NORTH 12:15-1:15 PM Mid-day IN+ OUT Pedestrians 290 Pedestrians 0 Ebd> IN OUT 1 <Wbd O Sbd v 78 212 2 v Sbd Right Thru 241 54 E. Sprague Avenue 35 Right OUT 1573 Total Vehicles Entering 1250 Thru 1347 IN 1901 62 Left 4-- ONE-WAY Westbound IN+OUT 1347 Total Pedestrians Crossing 5 O OUT E. Sprague Avenue 2991 177 Left Thru ONbd ^ 116 476 2ANbd 0 Ebd> OUT IN 0 <Wbd Pedestrians 592 Pedestrians IN+OUT PEAK HOUR FACTOR=0.94 N. Thierman Street ALL VEHICLES & PEDESTRIANS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -ALL TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 12:15-1:15 PM 4.5% of All Vehicles Mid-day IN+ OUT 13 IN OUT 5 8 Right Thru 21 3 E.Sprague Avenue 2 Right OUT 42 Total Vehicles Entering 30 Thru 34 IN 55 2 Left 2.7% 4-- ONE-WAY Westbound 2.9% IN+ OUT 34 2.5% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 101 6 Left Thru 5 16 OUT IN 21 IN+OUT 3.5% of All Vehicles N. Thierman Street ALL TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT-CARS and VANS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1,2014 Study Period: 12:00 AM -12:00 AM,April 2 Intersection: E.Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N.Thierman Street NORTH 12:15-1:15 PM 95.5% of All Vehicles Mid-day IN+OUT 277 IN OUT 73 204 Right Thru 221 51 E.Sprague Avenue 33 Right OUT 1531 Total Vehicles Entering 1220 Thru 1313 IN 1846 60 Left 97.3% -4 — ONE-WAY Westbound 97.1% IN+OUT 1313 97.5% of All Vehicles of all Vehicles of All Vehicles 0 OUT E.Sprague Avenue 2891 171 Left Thru 111 460 OUT IN 571 IN+OUT 96.5% of All Vehicles N.Thierman Street CARS, VANS& MOTORCYCLES SUMMARY - INTERSECTION TURNING MOVEMENT COUNT - MEDIUM TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 12:15-1:15 PM 3.4% of All Vehicles Mid-day IN+ OUT 10 IN OUT 3 7 Right Thru 11 2 E.Sprague Avenue 1 Right OUT 32 Total Vehicles Entering 24 Thru 27 IN 43 2 Left 2.0% A-- ONE-WAY Westbound 2.3% IN+ OUT 27 2.0% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 71 6 Left Thru 4 13 OUT IN 17 IN+OUT 2.9% of All Vehicles N. Thierman Street MEDIUM (STRAIGHT BODY) TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -HEAVY TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 12:15-1:15 PM 1.0% of All Vehicles Mid-day IN+ OUT 3 IN OUT 2 1 Right Thru 11 1 E.Sprague Avenue 1 Right OUT 10 Total Vehicles Entering 6 Thru 7 IN 12 0 Left 0.6% A-- ONE-WAY Westbound 0.6% IN+ OUT 7 0.5% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 31 0 Left Thru 1 3 OUT IN 4 IN+OUT 0.7% of All Vehicles N. Thierman Street HEAVY (ARTICULATED) TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -ALL VEHICLES & PEDESTRIANS Study Name: Intersection Study -Spokane Valley, WA Study Date: Tuesday, April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR(of Pedestrian Traffic) N. Thierman Street NORTH 4:00-5:00 PM Late Afternoon IN+ OUT Pedestrians 303 Pedestrians 0 Ebd> IN OUT 0 <Wbd 3 Sbd v 112 191 2 v Sbd Right Thru 381 74 E. Sprague Avenue 47 Right OUT 1380 Total Vehicles Entering 1111 Thru 1246 IN 1733 88 Left 4-- ONE-WAY Westbound IN+OUT 1246 Total Pedestrians Crossing 18 0 OUT E. Sprague Avenue 2311 144 Left Thru 5 Nbd A 162 375 8 A Nbd 0 Ebd> OUT IN 0 <Wbd Pedestrians 537 Pedestrians IN+OUT PEAK HOUR FACTOR=0.94 N. Thierman Street ALL VEHICLES & PEDESTRIANS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -ALL TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 4:00-5:00 PM 3.0% of All Vehicles Late Afternoon IN+ OUT 9 IN OUT 6 3 Right Thru 31 3 E.Sprague Avenue 1 Right OUT 29 Total Vehicles Entering 21 Thru 22 IN 35 0 Left 2.1% 4-- ONE-WAY Westbound 2.0% IN+ OUT 22 1.8% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 51 2 Left Thru 3 7 OUT IN 10 IN+OUT 1.9% of All Vehicles N. Thierman Street ALL TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT-CARS and VANS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1,2014 Study Period: 12:00 AM -12:00 AM,April 2 Intersection: E.Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N.Thierman Street NORTH 4:00-5:00 PM 97.0% of All Vehicles Late Afternoon IN+OUT 294 IN OUT 106 188 Right Thru 351 71 E.Sprague Avenue 46 Right OUT 1351 Total Vehicles Entering 1090 Thru 1224 IN 1698 88 Left 97.9% -4 — ONE-WAY Westbound 98.0% IN+OUT 1224 98.2% of All Vehicles of all Vehicles of All Vehicles 0 OUT E.Sprague Avenue 2261 142 Left Thru 159 368 OUT IN 527 IN+OUT 98.1% of All Vehicles N.Thierman Street CARS, VANS& MOTORCYCLES SUMMARY - INTERSECTION TURNING MOVEMENT COUNT - MEDIUM TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 4:00-5:00 PM 3.0% of All Vehicles Late Afternoon IN+ OUT 9 IN OUT 6 3 Right Thru 31 3 E.Sprague Avenue 1 Right OUT 27 Total Vehicles Entering 21 Thru 22 IN 33 0 Left 2.0% A-- ONE-WAY Westbound 1.9% IN+ OUT 22 1.8% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 31 2 Left Thru 3 5 OUT IN 8 IN+OUT 1.5% of All Vehicles N. Thierman Street MEDIUM (STRAIGHT BODY) TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -HEAVY TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 4:00-5:00 PM 0.0% of All Vehicles Late Afternoon IN+ OUT 0 IN OUT 0 0 Right Thru 01 0 E.Sprague Avenue 0 Right OUT 2 Total Vehicles Entering 0 Thru 0 IN 2 0 Left 0.1% A-- ONE-WAY Westbound 0.1% IN+ OUT 0 0.0% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 21 0 Left Thru 0 2 OUT IN 2 IN+OUT 0.4% of All Vehicles N. Thierman Street HEAVY (ARTICULATED) TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -ALL VEHICLES & PEDESTRIANS Study Name: Intersection Study -Spokane Valley, WA Study Date: Tuesday, April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR(of Pedestrian Traffic) N. Thierman Street NORTH 4:30-5:30 PM Evening IN+OUT Pedestrians 322 Pedestrians 0 Ebd> IN OUT 1 <Wbd 1 Sbd v 142 180 2 v Sbd Right Thru 461 96 E. Sprague Avenue 32 Right OUT 1449 Total Vehicles Entering 1179 Thru 1304 IN 1818 93 Left 4-- ONE-WAY Westbound IN+OUT 1304 Total Pedestrians Crossing 7 O OUT E. Sprague Avenue 2241 148 Left Thru 0 Nbd A 189 372 3 A Nbd 0 Ebd> OUT IN 0 <Wbd Pedestrians 561 Pedestrians IN+OUT PEAK HOUR FACTOR=0.88 N. Thierman Street ALL VEHICLES & PEDESTRIANS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -ALL TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 4:30-5:30 PM 2.8% of All Vehicles Evening IN+OUT 9 IN OUT 6 3 Right Thru 21 4 E.Sprague Avenue 2 Right OUT 29 Total Vehicles Entering 20 Thru 22 IN 36 0 Left 2.0% 4-- ONE-WAY Westbound 2.0% IN+ OUT 22 1.7% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 71 1 Left Thru 4 8 OUT IN 12 IN+OUT 2.1% of All Vehicles N. Thierman Street ALL TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT-CARS and VANS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1,2014 Study Period: 12:00 AM -12:00 AM,April 2 Intersection: E.Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N.Thierman Street NORTH 4:30-5:30 PM 97.2% of All Vehicles Evening IN+OUT 313 IN OUT 136 177 Right Thru 441 92 E.Sprague Avenue 30 Right OUT 1420 Total Vehicles Entering 1159 Thru 1282 IN 1782 93 Left 98.0% -4 — ONE-WAY Westbound 98.0% IN+OUT 1282 98.3% of All Vehicles of all Vehicles of All Vehicles 0 OUT E.Sprague Avenue 2171 147 Left Thru 185 364 OUT IN 549 IN+OUT 97.9% of All Vehicles N.Thierman Street CARS, VANS& MOTORCYCLES SUMMARY - INTERSECTION TURNING MOVEMENT COUNT - MEDIUM TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 4:30-5:30 PM 2.8% of All Vehicles Evening IN+OUT 9 IN OUT 6 3 Right Thru 21 4 E.Sprague Avenue 2 Right OUT 24 Total Vehicles Entering 18 Thru 20 IN 31 0 Left 1.7% A-- ONE-WAY Westbound 1.7% IN+ OUT 20 1.5% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 41 1 Left Thru 4 5 OUT IN 9 IN+OUT 1.6% of All Vehicles N. Thierman Street MEDIUM (STRAIGHT BODY) TRUCKS SUMMARY - INTERSECTION TURNING MOVEMENT COUNT -HEAVY TRUCKS Study Name: Intersection Study-Spokane Valley,WA Study Date: Tuesday,April 1, 2014 Study Period: 12:00 AM-12:00 AM,April 2 Intersection: E. Sprague Avenue and N.Thierman Street Conducted&Computed by: Intersection Traffic Data Service 1315 Front Avenue, Coeur d'Alene, ID 83814 Telephone: 208-665-1404; E-mail: itdsincda@roadrunner.com PEAK ONE HOUR N. Thierman Street NORTH 4:30-5:30 PM 0.0% of All Vehicles Evening IN+OUT 0 IN OUT 0 0 Right Thru 01 0 E.Sprague Avenue 0 Right OUT 5 Total Vehicles Entering 2 Thru 2 IN 5 0 Left 0.3% A-- ONE-WAY Westbound 0.3% IN+ OUT 2 0.2% of All Vehicles of all Vehicles of All Vehicles 0 OUT E. Sprague Avenue 31 0 Left Thru 0 3 OUT IN 3 IN+OUT 0.5% of All Vehicles N. Thierman Street HEAVY (ARTICULATED) TRUCKS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 3, 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: Administrative report - commercial vehicles parking in residential areas. GOVERNING LEGISLATION: SVMC 9.05.010; SVMC 9.30; 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; information only item May 20, 2014. BACKGROUND: Council has requested that staff provide information provided to Council in 2012 regarding regulating commercial trucks in residential areas. Those materials are attached to this RCA, and referenced below. Council also asked if any infractions had been issued for violating the provisions of chapter 9.30 SVMC, since its adoption in late 2012. After checking, there do not appear to have been any infraction citations issued by the City. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: NA BUDGET/FINANCIAL IMPACTS: None anticipated STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: 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; 1 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. 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 29, 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: 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. BUDGET/FINANCIAL 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 I Decrease Title 16A Motor Vehicles Chapter 16A.61 Rules of the Road 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'dhlch 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,trailer,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 C34333 Section 5 http://www.spokanecity.org/services/docutnents/smc/priait/default.aspx 4/17/2012 _ • _ 410 1 att Avenue & Eastern Read 1 ., Itic, . , 4166. e ii f••••---‘;'--- •.-- -- ,. A.-- • - -,.,....,_ - . _. .• . ---.._. --- . 79,k , •L.'. -• ___ e• ' !` . - 4 -ir ,46- r IP .. -at NI' , , • 60 6, - r I "A ...i _ dr II di • d--- d,' M i .... - rre '''‘? „,,•-,:,_ ,t. - . • `. 1i -.0..- , ,. - ° 1 ,07,4p-tr0rk. l e0 _ , ,_ •,,,,- ---*,• . - 4 a - •,.._-,,,” te!' ..' ..,1 ..' ' ......, , _ A A ''''' • t 144 . , . ._ , • •-..-.. ...J.,-, • I, •, * ,.. -7,1141r4::416="5* .". 1W I ,0 , ..67'11 _. -4-.0 Lilt) LI 22 lita n--0,..... . L._ inawaffinimovirimemianimikommtlisioNek- li . _ 1 * _ ` - —_-- = ' - -' __ --- . 11.-..0 II. -"V•1, 11. r ' .. ..,""1., 1 . r a.. . _ lai- „ . . 1 .,.....„.. ra. i .„ ,. • _ ...,a... ___ .._____ _ _ a.,.... ._ a, _f_...,--_. ,._ ...,.,..-z., :a.pipm).-...--,,_, ,.......„ „ -.. ..,_:-. .rf ' ,•::........ .. 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Y - 4 4°44, 7, .. `:M -� �' , c .+T ., g J.- ' ,� , r { +o. ,.I� .7,q• I. . r rr... _41'.,, le r A'N.. *'� -•d ice• { ..-r' rn front. f , 7 Rr • : •''+ . ..7 .ii CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 2012 Department Director Approval: IN Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information IZ1 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 owner/operators. 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. o 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 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 4, 2012 Department Director Approval: l] Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ 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 parking 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. • 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 e 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 large 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 loads 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. Ings 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 large 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 arterial 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 G POSTED NO TRUCKS -T - 1, .�.,..I. i . 9 9 R I p, e[ir Rn yyrypllde7 . 1+ f"tl-g, TO 1 =9Y•f " R0 R i , asr,rr.[ e‘,rlR_ 4, * T. .nrIL ..._,[ ...xi pe i .,. R• R R aw.[R k i .r.c • Bs,or .,or p R R 5 hM.0 JH.f .al.0 ..,[If LEGEND •I N❑ TRUCK ZDU ,w.E ]-90 EXIT NUMBER 1��� des ., ¢..s. e.,.>•., We Br uP Daft,yip.s7 City Of SpOkOne VO leySPOKANE VALLEY PRO.CT &, — o.g.d 8,.._Out.: Department 01 Public Works Al SHEET SCALE 11707 C.Sprngue Ave suite 106 Sfioka a City Of Spokane valley SSORIZGV7A!_: f•iea �OXAf.lE VALLEY,WA. 99265 y 'Mllcy 1 or 1_ VERTICAL ue "J PC)S1E0 t:0 TaUCKS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 2012 Department Director Approval: NI Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information �]C admin. report ❑ 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 Y F POSTED NO TRUCKS -- "` 9F t IAArt p¢vr,C 1 Il ''°.‘�� a�s�;��'� ;, 01 y ,, ...ex It Oskar._ pq 6 1 Meal At 1. eV,,..•= 7 Q r.•c it 4 le nr•�• erre Ara. P.,= art r= I LEGEND I tJ0 TRUCK ZTINE """ .1-90 EXIT hnn16ER ..F,, a, 6.. y I..v> .. , Omen$ V. DO .nvirsCity SA y SPOKANE VALLEY PRO,EGf No Y--.____ a!Spokane Volley D.'g-,eo eA_ 1: 1 Depot-tin enl of Public Kie,e C� 1 SHEET SCALE 11707 L Sprague Ave. Suite MS Siiiikane city of 5po one Volley HOzrawA r.Ler SPOKANE VALLEY,WA.99135 ,��Vill 1 of I VERDOAL- .. (509)92t-1000 POSTED R3 TROC25 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 13, 2012 Department Director Approval: 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 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11, 2012 Department Director Approval: 0 Check all that apply: ❑ consent ❑old business ® 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. 7 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-029 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON,ADOPTING CHAPTER 9.30 OP THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO 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 (ruck trailers, and operation of commercial trucks hi excess of 10,000 pounds on certain City roads. Such regulations are within the police power granted to cities by Article XI, Section I l 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 public. NOW, TI IEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: 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. Thu 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. 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 arc defined as follows: "Commercial Vehicle" means that term as defined in RCW 46.04.140, 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, as delineated on the official zoning map of the City: Ordinance 12-029 Adopting WNW.9.30-Miscellaneous Vehicle Regulations Page I of 4 R-I 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, Ml'-1 Multifamily Medium Density Residential District. MF-2 Multifamily l ligh Density Residential District. "Residential Street" means any street or alleyway within the City which is not designated on the City's arterial ial i oad map. "Trailer" means that term as defined in RCW 46.04.620, as now adopted or hereafter amended. "Vehicle" means that term as defined in RCW 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: SVMC 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 providing local or neighborhood deliveries or services to points between the posted signs. The City may, for clarification purposes, also post optional "Local Dcliveiy Only"signs in conjunction with"No Trucks" signs. B. The following vehicles are exempt from Ilie provisions of SVMC 9.30.030: I. All vehicles owned,contracted,or operated by governmental agencies. 2. Emergency vehicles and solid waste disposal vehicles. 3. Electrical, water, telephone, anti 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 to, or operated by, persons. permanently residing withal 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. 8. Any commercial vehicle belonging to a business located between the posted "No Trucks"signs. Ordinance 12-029 Adopting S`MC:9.30-Miscclta;acons Vehicle 14.0itl'ranN 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 made 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 the signs are removed by the City. MI signs placed pursuant to this section shall conform to the Manual on UnifOrtll Millie Control Devices for streets and highways for the 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 time 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 ametided. 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. Section 5. Ado tier_ S okane Valle •Mi nisi.til 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 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. Section 6. Adopting Spokane Valley Municipal Code 9.30.060 Regarding Idling of Commercial Vehicles Limited in Residentially-Zoned 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 idle in any 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 Code 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 (tours 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 SVMC 9.30-Miscellaneous Vehicle Regulations Page 3 of 4 • Sections 8. Adopting Spokane Valley Municipal Code 9,30.080 Regarding Violations-Penalty. Spokane Valley Municipal Code 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 pursuant to Chapter 7.80 RCM. Section 9. Severability. If any section, sentence, clause or please of this Ordinance should be held to be invalid or unconstitutional by a court of 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 the official newspaper of the City. Passed this I l'h day of December,2012. 7,) Mrivor,Thomas E.1 owey ATT,�..'• r Cll.),Clerk,Christine e Bainbridger _. Approved As To Form: re,‘ ci-ir) ".----D---..4,--ALLI Office of the ety Attorney Date of Publication: 4,1 -;/ `AM,/ Effective Date: '_ . Ordinance 12-029 Adopting SVMC 9,30-hliscctlaneuus Vehicle Regulations Page 4 of 4 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 12-013 A RESOLUTION OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON,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 location 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 WIIEREAS,the City shall henceforth use a resolution to establish or modify where "No Trucks" and"Local Delivery Only"signs shall 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 of Ike 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 Date. This Resolution shall he effective upon adoption. Approved this 11`h day of December,2012. ATTES CITY OF SPOKANE VALLEY t luri ainbridge, City Clerk • Minns E.Toli,cy,Mayor (I-- Approved us to form: (V �,. f I Office the City A t rney Resolution 12-013 Master"No Trucks"and"Local Delivery Only"Schedule Page I oft MASTER "NO TRUCKS" SCILERULE 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. Road Segineut(s) Zone Limits Location Jackson Avenue Montgomery Drive to Wilbur Road S.19,T25N.,R.44E,W,M, Wilbur Road Jackson Avenue to Montgomery Drive 5.19,T25N.,R.44E.W.M. Grace Avenue Bowdish 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 8.12,T25N., R.43 E,W.M. Montgomery Drive Lily Road to Park Road 8.12,T25N., R.43 E.W.M. Area bordered by Park Road, SR-290, Argonne Road,and 1-90 5.7,T25N., R.44 E.W.M. Vista Road Broadway Avenue to Mission Avenue S.1 8,T2SN.,R.44 E.W.M. Mission Avenue Vista Road to Marguerite Road S.18,125N.,R.44 MM. Maxwell Avenue Wilbur Road to SR-27 5.16,T25N.,R.44 E.W.M Wilbur Road Maxwell Avenue to Mission Avenue 8.16,T25N.,R.44 E.W.M Bradley Road SR-290 to Marietta Avenue S.12,T25N.,R.43 E.W.M. Dora Road SR-290 to Mansfield Avenue 5.12,T25N.,R.43 E.W.M. Coleman Road SR-290 to Utah Avenue 8,12,T25N,,R.43 E.W.M. Park Road Addition Subdivision south of Mission Avenue, S.13,T25N.,R.43 E.W.M. west of Park Road,and north of 1-90 Clinton Road Sprague Avenue to Main Avenue S.15,T25N., R.44 E.W.M. Main Avenue McDonald Road to Clinton Road S.15,T25N.,RA4 B.W.M. Wellesley Avenue City limits to Evergreen Road S.3,T25N,,R.44 E.W.M. Resolution 12-013 Master"No Tricks"and"Local Delivery Only"Schedule Page 2 of 2 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of May 28,2014; 1:00 p.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 June 10,2014,Formal Meeting Format,6:00 p.m. [due Mon,June 2] 1. PUBLIC HEARING: Amended 2014 TIP—Steve Worley (10 minutes) 2. PUBLIC HEARING: Proposed 2015-2020 Six Year TIP—Steve Worley (10 minutes) 3. Consent Agenda(claims,payroll,minutes) (5 minutes) 4. Second Reading Proposed Ordinance 14-005,Comp Plan Amendments—Lori Barlow (15 minutes) 5. Second Reading Proposed Ordinance 14-006,Zoning Map—Lori Barlow (10 minutes) 6.Motion Consideration: Approval of Draft Centennial Trail Agreement—Mike Stone (10 minutes) 7.Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 65 minutes] June 17,2014: Budget Workshop, 8:30 a.m.to 3:30 p.m. [due Mon,June 9] Spokane Valley City Council Chambers No evening meeting June 17,2014 June 24,2014,Formal Meeting Format,6:00 p.m. [due Mon,June 16] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Proposed Resolution Amending 2014 TIP—Steve Worley (10 minutes) 3. Proposed Resolution Adopting 2015-2020 Six Year TIP—Steve Worley (15 minutes) 4.Motion Consideration: Bid Award Sullivan Rd W Bridge Replacement—E.Guth (10 minutes) 5.Motion Consideration: Bid Award Sprague Resurfacing,Vista to Herald—E.Guth (10 minutes) 6.Motion Consideration: Bid Award Stn Ave Reconstruct; McKinnon to Fancher—E. Guth (10 minutes) 7.Motion Consideration: Browns Park Master Plan—Mike Stone (15 minutes) 8.Motion Consideration: Mayoral Appointment of Planning Commissioner—Mayor Grafos(10 minutes) 9.Admin Report: Advance Agenda (5 minutes) 10. Info Only: Department Monthly Reports [*estimated meeting: 80 minutes] July 1,2014,Study Session Format,6:00 p.m. [due Mon,June 23] 1.Advance Agenda (5 minutes) [*estimated meeting: minutes] July 8,2014,Formal Meeting Format,6:00 p.m. [due Mon,June 30] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Marijuana Regulations—Erik Lamb (20 minutes) 3.Admin Report: Advance Agenda (5 minutes) [*estimated meeting: minutes] July 15,2014, Study Session Format,6:00 p.m. [due Mon,July 7] 1.Advance Agenda (5 minutes) [*estimated meeting: minutes] July 22,2014,Formal Meeting Format,6:00 p.m. [due Mon,July 14] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.First Reading Proposed Ordinance,Marijuana Regulations—Erik Lamb (15 minutes) 3.Motion Consideration: Bid Award Appleway Trail,University to Pines—E. Guth (10 minutes) 4.Motion Consideration: Bid Award Mansfield Ave Connection—E. Guth (10 minutes) 5.Admin Report: Advance Agenda (5 minutes) Draft Advance Agenda 5/29/2014 1:10:18 PM Page 1 of 4 6. Info Only: Department Monthly Reports [*estimated meeting: 45 minutes] July 29,2014 no meeting August 5,2014 No Meeting-National Night Out August 12,2014,Formal Meeting Format,6:00 p.m. [due Mon,Aug 4] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance,Marijuana Regulations—Erik Lamb (15 minutes) 3.Motion Consideration: Bid Award,Argonne Corridor Upgrade—Eric Guth (10 minutes) 4.Admin Report: Estimated Revenues and Expenditures 2015 budget—Mark Calhoun (15 minutes) 5.Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 50 minutes] August 19,2014, Study Session Format,6:00 p.m. [due Mon,Aug 11] 1.Advance Agenda (5 minutes) [*estimated meeting: minutes] August 26,2014,Formal Meeting Format,6:00 p.m. [due Mon,Aug 18] 1. PUBLIC HEARING: Proposed 2015 Budget—Mark Calhoun (15 minutes) 2. Consent Agenda(claims,payroll,minutes,motion to set 9/23 Budget hearing) (5 minutes) 3.Admin Report: Advance Agenda (5 minutes) 4. Info Only: Department Monthly Reports [*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. [due Tues,Sept 2] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Community Development Block Grant Proposed Projects—Comm Dev (20 minutes) 3.Admin Report: City Manager presentation of 2015 Preliminary Budget (30 minutes) 4.Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 60 minutes] September 16,2014, Study Session Format, 6:00 p.m. [due Mon, Sept 8] 1.Advance Agenda (5 minutes) [*estimated meeting: minutes] September 23,2014,Formal Meeting Format,6:00 p.m. [due Mon, Sept 15] 1. PUBLIC HEARING: CDBG Proposed Projects—Comm Dev (15 minutes) 2. PUBLIC HEARING: Proposed 2015 Budget—Mark Calhoun (15 minutes) 3. Consent Agenda(claims,payroll,minutes) (5 minutes) 4.First Reading Proposed Property Tax Ordinance—Mark Calhoun (10 minutes) 5.Motion Consideration: CDBG Proposed Projects—Comm Dev. (10 minutes) 6.Motion Consideration: Outside Agency Allocations for 2015—Mark Calhoun (15 minutes) 7.Admin Report: Proposed 2014 Budget Amendment—Mark Calhoun (20 minutes) 8.Admin Report: Advance Agenda (5 minutes) 9. Info Only: Department Monthly Reports [*estimated meeting: 95 minutes] September 30,2014, Study Session Format,6:00 p.m. [due Mon, Sept 22] 1.Advance Agenda (5 minutes) [*estimated meeting: minutes] Draft Advance Agenda 5/29/2014 1:10:18 PM Page 2 of 4 October 7,2014,Study Session Format, 6:00 p.m. [due Mon, Sept 29] 1.Advance Agenda (5 minutes) October 14,2014,Formal Meeting Format,6:00 p.m. [due Mon, Oct 6] 1. PUBLIC HEARING: Proposed 2014 Budget Amendment—Mark Calhoun (15 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Second Reading Proposed Property Tax Ordinance—Mark Calhoun (10 minutes) 4.First Reading Proposed 2014 Budget Amendment—Mark Calhoun (10 minutes) 5.First Reading Proposed 2015 Budget Ordinance —Mark Calhoun (10 minutes) 6.Admin Report: Advance Agenda (5 minutes) October 21,2014, Study Session Format, 6:00 p.m. [due Mon, Oct 13] 1.Advance Agenda (5 minutes) October 28,2014,Formal Meeting Format,6:00 p.m. [due Mon, Oct 20] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed 2014 Budget Amendment—Mark Calhoun (10 minutes) 3. Second Reading Proposed 2015 Budget Ordinance—Mark Calhoun (10 minutes) 4.Admin Report: Lodging Tax Advisory Committee Recommendations—M.Calhoun (15 minutes) 5.Admin Report: Advance Agenda (5 minutes) 6. Info Only: Department Monthly Reports November 4,2014,Study Session Format,6:00 p.m. [due Mon, Oct 27] 1.Admin Report: 2015 Fee Resolution—Mark Calhoun (15 minutes) 2.Advance Agenda (5 minutes) November 11,2014—no meeting—Veteran's Day November 18,2014,Formal meeting 6:00 p.m. [due Mon,Nov 10] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Proposed Resolution Amending Fee Resolution for 2015—Mark Calhoun (15 minutes) 3.Advance Agenda (5 minutes) November 25,2014—no meeting—Thanksgiving week December 2,2014, Study Session Format, 6:00 p.m. [due Mon,Nov 24] 1.Advance Agenda (5 minutes) December 9,2014,Formal Meeting Format,6:00 p.m. [due Mon,Dec 1] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Motion Consideration: Lodging Tax Allocations for 2015 (20 minutes) 3.Admin Report: Advance Agenda (5 minutes) December 16,2014, Study Session Format,6:00 p.m. [due Mon,Dec 8] 1.Advance Agenda (5 minutes) December 23,2014 no meeting December 30,2014, Study Session Format,6:00 p.m. [clue Mon,Dec 22] 1.Advance Agenda 2. Info Only: Department Monthly Reports [*estimated meeting: minutes] Draft Advance Agenda 5/29/2014 1:10:18 PM Page 3 of 4 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] North/South Corridor(WSDOT Update) 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 5/29/2014 1:10:18 PM Page 4 of 4