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2017, 12-12 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT MEETING Tuesday, December 12, 2017 6:00 p.m. Spokane Valley City Hall Council Chambers 10210 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER INVOCATION Pastor Al Hulten, Valley Assembly Church PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD, LIAISON SUMMARY REPORTS MAYOR'S REPORT PROCLAMATION: In Appreciation of S. C. O.P.E. PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and city of residence for the record and limit remarks to three minutes. 1. PUBLIC HEARING: Fee Resolution for 2018 — Chelsie Taylor la. Resolution 17-019 Fee Resolution, Amending Fee for 2018 — Chelsie Taylor 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of claim vouchers on Nov. 14, 2017 Request for Council Action Form, Total: $3,378,686.05 b. Approval of Payroll for Pay Period Ending November 15, 2017: $372,952.27 c. Approval of Payroll for Pay Period Ending November 30, 2017: $402,131.65 d. Approval of Minutes of November 14, 2017 Regular Formal Format Council Meeting e. Approval of Minutes of November 21, 2017 Study Session Format Council Meeting ADMINISTRATIVE REPORT: 3. Legislative Update — Mark Calhoun; and Chelsea Hager of Gordon Thomas Honeywell NEW BUSINESS: 4. Resolution 17-020 Updating Insurance and Health Related Benefits — John Whitehead [public comment] 5. Motion Consideration: CenterPlace West Lawn MasterPlan — Mike Stone [public comment] 6. Motion Consideration: Police Precinct Lease Agreement — John Pietro [public comment] 7. Motion Consideration: Commute Trip Reduction Interlocal Approval — Morgan Koudelka [public comment] Council Agenda 12-12-17 Formal Format Meeting Page 1 of 2 8. Motion Consideration: Solid Waste Drop Box Contract — Erik Lamb, Henry Allen, Morgan Koudelka a. Contract with Sunshine Disposal — [public comment] b. Contract with Waste Management — [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and city of residence for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 9. Nuisances (yard sales, properties) — Cary Driskell, Erik Lamb 10. Advance Agenda — Mayor Higgins INFORMATION ONLY: n/a CITY MANAGER COMMENTS ADJOURNMENT General Meeting Schedule (meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 2.11 and 4t1 Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the less formal meeting) are generally held the 1St 3r1 and 5t1 Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. 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) 720-5102 as soon as possible so that arrangements may be made. Council Agenda 12-12-17 Formal Format Meeting Page 2 of 2 rottamation #puroring *miff Community Q rirntrt taotittitg effort City oSpolnea,y, Washington WHEREAS, S. C. (J -P. E. is a Spokane County nanprr01 organization with more than 500 active volunteers al 18 substations-, ions-, sand is dedicated to crime prevention on the neighborhood level; and WHEREAS, Citizens are gratefulfor S, C:. C1, P. F. ' mission i{faster cr rnrnunity spirit, provide a safe living enviror7rrrcnt(or the community, and increase citizens' awareness. of and involvement in, community -oriented services in partnership with the Spokane Gounfy Sheriff's Office; and WHEREAS, In 1992 the ,Spokane County Sheriff Undersher felt it would. be helpful if Spokane County citizens got involved with crime prevention to helps stop the rise in crime; and with that desire in mire and after countless hours- and rr2onihs of work the SCS C) hosted apublic meeting in 1994 and invited volunteers to get organized and involved; and thus, a new program evolved; and WHEREAS, Through countless hours and e oris of all involvedd, community member's brainstormed the potential name of the new organization and A'ettied on calling it SC. (7. P..F, ; and eventually in 200 .Rick Scott was hired for the position of Director of the Ed ecliff S.C. O.P. E. station; and WHEREAS, AS, Y wanks to these volunteers', we have greater interaction between Law Enforcement and the community, a stronger police pr{es'ei e, and we appreciate and are grateful JOY the various 5 C. O. P..F. volunteers who freely give of their time and resistance. NOW, THEREFORE; 1, Rod iggins, Mayor of the City of Spoke ne Valley, on behalf of the Spokane Valley City Council and the citizens ofthe City of Spokane Valley, do hereby.proclaim Councirs aid the Community's- appreciation to and I encourage citizens lo join Me in recognizing the accompli.chmen.ts and contributions o/ this amazing organization of volunteers who work hard to help keep our community safe. Dated this 12th day olLecember, 20.17, 1.. R. Higgins, Mayor w CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2017 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ❑ new business ® public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Public Hearing on the 2018 Fee Resolution GOVERNING LEGISLATION: The Master Fee Schedule setting 2016 fees was established via Resolution #15-012 and was adopted by the City Council on December 29, 2015. There were no amendments to the fees for 2017. RCW 42.56 Public Records Act relating to establishing fees associated with responding to public records requests, including the requirement that a public hearing be held in establishing those fees. PREVIOUS COUNCIL ACTION TAKEN: On November 21, 2017, Council considered an Administrative Report on the proposed resolution establishing 2018 fees, but no formal action has been taken to date. Revenues generated by the fee resolution in 2018 account for: • $2,587,900 or 6.02% of total General Fund recurring revenues of $43,007,600. • $1,870,000 or 99.60% of total Stormwater Management Fund recurring revenues of $1,877,500. BACKGROUND: Part of the annual operating budget development process involves City Departments reviewing the Master Fee Schedule that is currently in place, and determining whether changes in the fees charged and/or language used in the governing resolution should be altered. Recommended changes to the fee resolution are as follows: • The Office of the City Attorney is including a wording change for Appeal of Administrative Decision — Code Enforcement and references to the Spokane Valley Municipal Code. • The Parks and Recreation Department is proposing the addition of a daily rental fee for the West Lawn at CenterPlace in the amount of $3,500 per day. • Substantial changes were made to Schedule D — Administration for copy fee costs in order to comply with recent changes to State law relating the Public Records Act. An administrative report was presented to Council regarding these changes at the July 25, 2017 Council meeting. • False alarm recovery fees were changes to comply with Ordinance 17-001, which eliminated the registration fees. Recovery fees were decreased from $75 per incident for residential false alarms and $125 per incident for commercial false alarms to $65 per incident for both. • Other minor wording changes are suggested throughout. OPTIONS: Hold public hearing on 2018 fees. RECOMMENDED ACTION OR MOTION: As the purpose of the public hearing is to gather input from the public in regard to the 2018 fees, no action is requested at this time. BUDGET/FINANCIAL IMPACTS: The proposed changes are not expected to have a significant impact on 2018 revenues. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: • Memo from the Parks and Recreation Department that provides a detailed description and rationale for proposed fee changes. • Memo from Administrative Analysts that provides a detailed description and rationale for fee changes for false alarm recovery fees. • See Agenda Item #la for Resolution #17-019 — clean copy and redlined version Spokane ju�iey 10210 E Sprague Ave ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: City Council Members; Mark Calhoun, City Manager From: Michael D. Stone, CPRP, Director of Parks and Recreation Date: October 26, 2017 Re: 2018 Fee Resolution Proposals The Parks and Recreation Department would like to propose one change to the current fee resolution for 2018. Proposed Changes: • Add a daily rental rate for the use of CenterPlace/West Lawn. Recommended daily rental rate is $3,500. This rate would be used when a group renting space at CenterPlace is so large that the City cannot rent out any other portion of CenterPlace. In essence this event is utilizing all of our parking, crowds will be large and the event's atmosphere and noise level will prevent us from renting space to other groups during this rental which means our entire facility is taken up with this one event. This type of event prevents the City from generating additional revenue due to the facility not being able to accommodate other groups. We envision this to primarily be charged when CenterPlace is hosting large community events. If you have any questions, or need additional information, please let me know. Thank you. 1 Spokane Valley Phone: (509) 10210 E Sprague Avenue • Spokane Valley WA 99206 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org Memorandum To: Mayor and members of Council Cc: Mark Calhoun, City Manager; Chelsie Taylor, Finance Director From: John Pietro, Administrative Analyst; Morgan Koudelka, Senior Administrative Analyst Date: November 1, 2017 Re: Fee Resolution—Setting 2018 False Alarm Recovery Fee The City adopted Ordinance No. 17-001 on January 10, 2017. This Ordinance greatly simplifies the false alarm reduction program while also eliminating registration requirements. Additionally, staff was able to reduce the costs associated with running the program by implementing an in- house program and eliminating approximately $55,000 in annual contractual costs. Under the new program residents and businesses which receive a deputy response to a false alarm will now be assessed a cost recovery fee that incorporates the following costs. 1) Spokane Valley deputy response to false alarm sites 2) Administration of the program by civilian and commissioned Sheriff's Office personnel operating out of the Precinct Building 3) The amortized cost of the Spokane Valley Database Administrator building a database to manage the new program. 4) The ongoing annual cost to maintain the system All fees for registration, registration renewal, appeals, and late payments have been eliminated. The cost recovery fee will now be the same for both residential and commercial properties. The changes to the false alarm fees are shown in the following table. Old False Alarm Program Fees New False Alarm Program Fee Initial Residential Registration $ 25 $ - Initial Commercial Registration $ 35 $ - Residential Registration Renewal $ 15 $ - Commercial Registration Renewal $ 25 $ - Residential False Alarm Charges $ 75 $ - Commercial False Alarm Charges $ 125 $ - False Alarm Recovery Fee $ - $ 65 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2017 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ® new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed Resolution #17-019 Amending Fees for 2018 GOVERNING LEGISLATION: The Master Fee Schedule setting 2016 fees was established via Resolution #15-012 and was adopted by the City Council on December 29, 2015. There were no amendments to the fees for 2017. PREVIOUS COUNCIL ACTION TAKEN: On November 21, 2017, Council considered an Administrative Report on the proposed resolution establishing 2018 fees, and earlier this evening a public hearing was held on this topic. No formal action has been taken to date. Revenues generated by the fee resolution in 2018 account for: • $2,587,900 or 6.02% of total General Fund recurring revenues of $43,007,600. • $1,870,000 or 99.60% of total Stormwater Management Fund recurring revenues of $1,877,500. BACKGROUND: Part of the annual operating budget development process involves City Departments reviewing the Master Fee Schedule that is currently in place, and determining whether changes in the fees charged and/or language used in the governing resolution should be altered. Recommended changes to the fee resolution are as follows: • The Office of the City Attorney is including a wording change for Appeal of Administrative Decision — Code Enforcement and references to the Spokane Valley Municipal Code. • The Parks and Recreation Department is proposing the addition of a daily rental fee for the West Lawn at CenterPlace in the amount of $3,500 per day. • Substantial changes were made to Schedule D — Administration for copy fee costs in order to comply with recent changes to State law relating the Public Records Act. An administrative report was presented to Council regarding these changes at the July 25, 2017 Council meeting. • False alarm recovery fees were changes to comply with Ordinance 17-001, which eliminated the registration fees. Recovery fees were decreased from $75 per incident for residential false alarms and $125 per incident for commercial false alarms to $65 per incident for both. • Other minor wording changes are suggested throughout. OPTIONS: Proceed with the updated fee resolution changes as presented this evening, with or without further modifications. RECOMMENDED ACTION OR MOTION: Move to approve Resolution #17-019 amending the Master Fee Schedule for 2018. BUDGET/FINANCIAL IMPACTS: The proposed changes are not expected to have a significant impact on 2018 revenues. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Resolution 17-019, redline and clean DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 17-019 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING RESOLUTION 15-012 AND APPROVING AN AMENDED MASTER FEE SCHEDULE, AND OTHER MATTERS RELATING THERETO. WHEREAS, it is the general policy of the City to establish fees that are reflective of the cost of services provided by the City; and WHEREAS, the City uses a resolution to establish fees for City programs, permits and services, and periodically the fee resolution must be amended to incorporate new or modified services; and WHEREAS, on December 12, 2017, the City Council conducted a public hearing on this Resolution; and WHEREAS, Council desires to amend the Resolution and accompanying Fee Schedule. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Findings Regarding Public Records Fees. A. Statutory Public Records Fees. The City Council hereby finds and declares that calculating actual costs for paper copies of 11 inches x 17 inches or smaller, scanned copies, and providing electronic records would be unduly burdensome because of the diversity of the City departments, types of records, and information systems involved and budget restraints. Pursuant to chapter 42.56 RCW (the Public Records Act) and based on such finding, the costs for such copies shall be set at the amounts allowed by law. B. Actual Public Records Costs. The City Council hereby finds that the City will charge actual costs for paper copies larger than 11 inches x 17 inches, digital storage media devices (CD/DVD, flashdrives, USBs, etc.), envelopes, postage, and records sent to outside vendors for reproduction when providing copies in response to public records requests. Such charges shall be calculated based on the actual costs the City incurs in the most reasonable cost-efficient method as part of its normal operations purchasing and using ink, paper, and copier wear for large copies, such devices and envelopes, mailing envelopes or other packages, and when using outside vendor copying services based upon contractual or invoiced charges. Section 2. The amendments needed at this time are incorporated into the attached schedules and include new fees and changes to existing fees. Section 3. Repeal. To the extent that previous fee schedules are inconsistent with those set forth herein, they are repealed in their entirety. Section 4. Effective Date. This Resolution shall be in full force and effect January 1, 2018. Approved this day of December, 2017. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Approved as to form: L.R. Higgins, Mayor Office of the City Attorney Resolution 17-019 Amending Fee Schedule for 2018 Page 1 of 15 DRAFT MASTER FEE SCHEDULE Fee Schedule Page No. Schedule A: Planning 3 Schedule B: Building 5 Schedule C: Parks and Recreation 10 Schedule D: Administrative 13 Schedule E: Other Fees 4414 Schedule F: Police Fees 4414 Resolution 17-019 Amending Fee Schedule for 2018 Page 2 of 15 DRAFT MASTER FEE SCHEDULE Schedule A — Planning AMENDMENTS Comprehensive Plan Amendment Zoning or other code text amendment FEE AMOUNT $1,500.00 $1,500.00 APPEALS Appeal of Administrative Decision $1,050.00 Appeal of Hearing Examiner Findings $315.00 Transcript/record deposit on Appeals of Hearing Examiner Decisions $157.00 Appeal of Administrative Decision - Code Compliance Notice and OrderEnforcement Final Decision pursuant to chapter 17.100 SVMC $500.00 unless otherwise waived pursuant to SVMC 17.110 ENVIRONMENTAL REVIEW STATE ENVIRONMENTAL POLICY ACT (SEPA) Single Dwelling (when required) All other developments Environmental Impact Statement (EIS) Review, minimum deposit Addenda of existing EIS Review SHORELINE Substantial Development Permit Shoreline Exemption CRITICAL AREAS Floodplain Permit not associated with a subdivision Floodplain Permit associated with a subdivision OTHER PERMITS Home Occupation Permit and Accessory Dwelling Units (ADU) Conditional Use Permit Temporary Use Permit LAND USE ACTIONS Subdivisions Preliminary plat Final Plat Time extensions — file review and letter Short Plats Preliminary 2 to 4 lots Final plat 2 to 4 lots Preliminary plat 5 to 9 lots Final plat 5 to 9 lots Time extensions — file review and letter $100.00 $350.00 $2,200.00 $350.00 $840.00 $420.00 $315.00 $315.00 + $52.00 per lot $84.00 $840.00 $157.00 $2,324.00 + $40.00 per lot $1,424.00 + $10.00 per lot $80.00 $1,224.00 $924.00 $1,424.00 + $25.00 per lot $1,224.00 + $10.00 per lot $80.00 Resolution 17-019 Amending Fee Schedule for 2018 Page 3 of 15 DRAFT Plat Alteration Subdivision plat Short plat Plat Vacation Binding Site Plan Binding site plan alteration Change of Conditions Preliminary binding site plan Creating lots within final binding site plan via Record of Survey Final Binding Site Plan Aggregation/Segregation Lot line adjustment Lot line elimination Zero lot line SIGNS Review of permanent sign Review of temporary sign NEW RESIDENTIAL SITE PLAN REVIEW SITE PLAN REVIEW -- PER DIVISION REVIEW $682.00 $278.00 $1,474.00 $278.00 $650.00 $1,674.00 $500.00 $924.00 $105.00 $105.00 $105.00 + $10.00 per lot $50.00 + $25.00 if public works review needed $50.00 $50.00 $275.00 STREET VACATION APPLICATION $1,365.00 OTHER Administrative Exception $315.00 Variance $1,575.00 Administrative Interpretations $100.00 Pre -application Meetings $250.00 Fee shall be deducted from land use application, building permit or commercial permit application fee when application is filed within one year of pre -application meeting. ZONING Zoning map amendments (rezone)* Planned residential development plan Planned residential development modification Zoning letter $1,650.00 $1,575.00 + $26.00 per lot $525.00 $210.00 *If rezone is combined with other action(s), cost of other action(s) is additional Resolution 17-019 Amending Fee Schedule for 2018 Page 4 of 15 DRAFT Schedule B — Building Fee Payment Plan review fees are collected at the time of application. Such fees may be adjusted during plan review. Overages or under payments shall be appropriately adjusted at the time of permit issuance. Plan review fees are separate from and additional to building permit fees. Permit fees and any other unpaid fees shall be collected prior to issuance of the permit. Fees for outside professional services required during the permit process shall be paid by the applicant. Examples of outside professional services include review by contract reviewers, special inspection or construction services, consultant services for special topics, surveying or other services required to determine compliance with applicable codes. Fee Refund Policy. Refunds authorized under this policy apply only to Schedule B. PLAN REVIEW FEES • Plan review fees are non-refundable once any plan review work has been started. • Paid plan review fees may be refunded when an eligible request is received in writing. • At a minimum, a $35.00 administrative fee shall be retained. • If the paid plan review fee is less than $35.00, no refund is authorized. • If the paid plan review fee is more than $35.00, the amount for refund shall be calculated at the rate of 100% of the paid plan review fee minus $35.00. PERMIT FEES • Permit fees are non-refundable once work authorized by the permit has begun. • Paid permit fees may be refunded when an eligible request is received in writing. • At a minimum, a $35.00 administrative fee will be retained when fees are refunded. • If the paid permit fee is less than $35.00, no refund is authorized. • If the paid permit fee is more than $35.00, the refund shall be calculated at the rate of 95% of the paid permit fee minus $35.00. For any application taken or permit issued in error, a full refund of fees paid shall be made. No portion of the paid fees shall be retained. FEES GENERAL Hourly Rate for City Employees Overtime rate for City Employees (1.5 times regular rate) Investigation fee: Work commenced without required permits Replacement of lost permit documents $61.00 $92.00 Equal to permit fee Hourly rate; 1 hour minimum Revisions to plans requested by the applicant or permit holder shall be charged the hourly rate with a minimum of one hour. Revised plans submitted in response to reviewer correction letters are not subject to the hourly assessment. Washington State Building Code Council Surcharge (WSBCC) $4.50 per permit WSBCC Surcharge (Multi -Family) $4.50 1st dwelling unit + $2.00 each additional unit BUILDING PERMIT: Resolution 17-019 Amending Fee Schedule for 2018 Page 5 of 15 DRAFT Building permit fees for each project are set by the following fees. The figures below shall be used to determine the building permit fees and plans check fees based on the value of the construction work as stated by the applicant or the value calculated by the Building Official using the latest valuation data published in the Building Safety Journal by the International Code Council, whichever value is greater. Valuations not listed in the Building Safety Journal: Building Type Residential garages/storage buildings (wood frame) Residential garages (masonry) Miscellaneous residential pole buildings Residential carports, decks, porches Valuation Per Square Foot $19.00 $22.00 $19.00 $15.00 Building Permit Fee Calculation Total Valuation Building Permit Fee $1.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $69.25 for first $2,000.00 + $14.00 for each additional $1,000.00 (or fraction thereof) Up to and including $25,000.00 $391.25 for first $25,000 + $10.10 for each additional $1,000.00 (or fraction thereof) Up to and including $50,000.00 $643.75 for first $50,000.00 + $7.00 for each additional $1,000.00 (or fraction thereof) Up to and including $100,000.00 $993.75 for first $100,000 + $5.60 for each additional $1,000.00 (or fraction thereof) Up to and including $500,000.00 $3,233.75 for first $500,000.00 + $4.75 for each additional $1,000.00 (or fraction thereof) Up to and including $1,000,000.00 $1,000,001 and up $5,608.75 for first $1,000,000.00 + $3.15 for each additional $1,000.00 (or fraction thereof) Plan Review Fee Calculation % of Building Permit Fee Plans review fee (general) 65% Plans review fee — Group R-3 occupancies (single family less than 7,999 sq ft) 40% Plans review fee — Group R-3 occupancies (single family 8,000 sq ft or more) 65% Plans review fee — Group U occupancies (sheds, barns, et.) 25% Initial Plan Review Fees are capped at $35,000 not including pass-through expenses for outside review as noted in the "Fee Payment" section of this schedule. Resolution 17-019 Amending Fee Schedule for 2018 Page 6 of 15 DRAFT OTHER BUILDING PERMITS: Over -the -Counter Service Demolition Permit Single Family Residence Commercial Buildings Garage or accessory building associated with residence or commercial building Foundation Only: Swimming Pools, over 2 feet in depth Re -roof (no plan review charge unless submitted for review) Change of Use or Occupancy Classification Permit Towers, elevated tanks, antennas GRADING PERMIT: 100 cubic yards (cu yd) or less 101 to 1,000 cubic yards 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 to 200,000 cubic yards 200,000 or more cubic yards GRADING PLAN REVIEW FEE: 50 cubic yards or less 51 to 100 cubic yards 101 to 1,000 1,001 to 10,000 10,001 to 100,000 100,001 to 200,000 200,001 or more Land Clearing Only (without earth being moved) Paving Permit (greater than 5,000 sq. ft. — new paving only) Resolution 17-019 Amending Fee Schedule for 2018 $61.00 flat fee $46.00 flat fee $131.00 flat fee $21.00 flat fee 25% of building permit fee $52.00 + plumbing fees Based on Project Valuation Hourly Hourly $21.00 $21.00 for first 100 cu yd. + $7.00 each additional 100 cu yd $88.00 for first 1,000 cu yd + $6.00 each additional 1,000 cu yd $154.00 for first 10,000 cu yd+ $15.00 each additional 10,000 cu yd $386.00 for first 100,000 cu yd + $15.00 each additional 100,000 cu yd $528.00 for first 200,000 cu yd + $15.00 for each additional 200,000 cu yd No Fee $12.00 $21.00 $27.00 $27.00 for first 100,000 cu yd + $7.00 each additional 10,000 cu yd $104.00 for first 100,000 cu yd + $6.00 for each additional 100,000 cu yd $166.00 $68.00 $263.00 Page 7 of 15 DRAFT MECHANICAL PERMIT: Plan review fees for mechanical permits shall be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees shall be collected when the permit is issued. If submitted as part of a building permit application, the unit costs are added, but not the "basic" fee for issuing the permit. Mechanical Permit Fees A. BASIC FEES 1. Basic fee for issuing each permit 2. Basic fee for each supplemental permit B. UNIT FEES (in addition to the basic fee) 1. Installation or relocation of Furnaces and suspended heaters a. up to and including 100,000 btu b. over 100,000 btu 2. Duct work system 3. Heat pump and air conditioner a. 0 to 3 tons b. over 3 tons to 15 tons c. over 15 tons to 30 tons d. over 30 tons to 50 tons e. over 50 tons 4. Gas water heater 5. Gas piping system 6. Gas log, fireplace, and gas insert installation 7. Appliance vents installation; relocation; replacement 8. Boilers, compressors, and absorption systems a. 0 to 3 hp - 100,000 btu or less b. over 3 to 15 hp - 100,001 to 500,000 btu c. over 15 - 30 hp - 500,001 to 1,000,000 btu d. over 30 ph -1,000,001 to 1,750,000 btu e. over 50 hp - over 1,750,000 btu 9. Air Handlers a. each unit up to 10,000 cfm, including ducts b. each unit over 10,000 cfm 10. Evaporative Coolers (other than portable) 11. Ventilation and Exhausts a. each fan connected to a single duct b. each ventilation system c. each hood served by mechanical exhaust 12. Incinerators a. residential installation or relocation b. commercial installation or relocation 13. Unlisted appliances a. under 400,000 btu b. 400,000 btu or over 14. Hood a. Type I b. Type II 15. LP Storage Tank 16. Wood or Pellet Stove insert 17. Wood stove system - free standing PLUMBING PERMIT: Resolution 17-019 Amending Fee Schedule for 2018 Page 8 of 15 $37.00 $8.00 $13.00 $16.00 $11.00 $13.00 $21.00 $26.00 $37.00. $63.00 $11.00 $1.00 per outlet $11.00 $10.00 each $13.00 $21.00 $26.00 $37.00 $63.00 $13.00 $16.00 $11.00 $11.00 $13.00 $13.00 $21.00 $23.00 $52.00 $105.00 $52.00 $11.00 $11.00 $11.00 $26.00 DRAFT Plan review fees for mechanical permits shall be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees shall be collected when the permit is issued. If submitted as part of a building permit application, the unit costs shall be added, but not the "basic" fee for issuing the permit. A. BASIC FEES 1. Basic fee for issuing each permit $37.00 2. Basic fee for each supplemental permit $8.00 B. UNIT FEES (in addition to the basic fee) 1. Each plumbing fixture on a trap $6.00 each (includes garbage disposals, dishwashers, backflow device, drainage, hot tubs, built-in water softener, water closets, lavatories, sinks, drains, etc.) 2. Water Heater $6.00 each 3. Industrial waste pretreatment interceptor $16.00 (includes its trap and vent, except kitchen type grease interceptors functioning as fixture traps.) 4. Repair or alteration of water piping, drainage or vent piping $6.00 each fixture 5. Atmospheric type vacuum breaker $6.00 each 6. Backflow protective device other than atmospheric type vacuum breakers $6.00 each 7. Medical gas $6.00 per outlet 8. Interceptors $6.00 each RIGHT-OF-WAY PERMIT: A traffic plan and traffic plan review is required if more than 50% of the width of any street is closed or if a single arterial lane is closed. A minimum plan review fee of $61.00 (hourly rate for City employees) applies to all right-of-way permits that require a traffic plan. If additional staff time is required, it shall be charged at the hourly rate. Category 1. Non -cut obstruction without clean up 2. Non -cut obstruction with clean up 3. Pavement cut obstruction, non -winter 4. Pavement cut obstruction, winter 5. Approach Permit $73.00 $110.00 $168.00 $210.00 $52.00 SIGN PERMIT: Sign permits shall be subject to assessment of planning division review fees as found in Schedule A. Sign Permits shall also be subject to the assessment of the WSBCC fee as noted in Schedule B "General" section. Signs mounted on buildings $48.00 per sign (flat fee) Sign and pole mounting $68.00 per sign (flat fee) Resolution 17-019 Amending Fee Schedule for 2018 Page 9 of 15 D RAFT Schedule C - Parks and Recreation ADMINISTRATIVE FEES Basic fees to be considered when applying rates Administrative Fee Refuse Fee AQUATICS Pool admission (age 5 and under) Pool admission (age older than 5) Pool punch pass (25 swims) Weekend family discount - 1 child under 13 free with paying adult At the discretion of the City Manager, the Parks and Recreation Department may on occasion offer free admission open swim days. $32.00 $52.00 free $1.00 $20.00 Swimming Lessons Swim Team Fee Reservation (less than 50 people) Food fee (less than 50 people, if applicable) Reservation (50-100 people) Food fee (50-100 people, if applicable) Reservation (101-150 people) Food fee (101-150 people, if applicable) **Minimum 2 hours ALCOHOLIC BEVERAGE PERMIT CENTERPLACE Conference Center Wing Auditorium Auditorium Auditorium Auditorium w/Presentation System Auditorium w/Presentation System Auditorium w/Presentation System Auditorium Deposit Executive Conference Room Executive Conference Room Deposit Meeting Room (day and evening use) Meeting Room Large Meeting Room Large Meeting Room Large Meeting Room Meeting Room Meeting Room Deposit Patio Event Package Portable Sound System Platinum Package *** Requires rental of presentation system, see next page Resolution 17-019 Amending Fee Schedule for 2018 $35.00 $45.00 $105.00 per hour** $25.00 $131.00 per hour** $52.00 $157.00 per hour** $79.00 $10.00 $79.00 per hour $475.00 per day $236.00 per half day $52.00 per hour* * * $315.00 per day*** $158.00 per half day*** $52.00 $52.00 per hour $52.00 $42.00 per hour $263.00 per day $75.00 per hour $225.00 per half day $450.00 per 9 hr. day $131.00 per half day $52.00 $500.00 per event $150.00 per event $500.00 per event Page 10 of 15 DRAFT Great Room Kitchen deposit Multi-use/Banquet Hall Multi-use/Banquet Hall Multi-use/Banquet Hall Small Dining Area Refundable Deposit Refundable Deposit - Weddings Stage Stage Removal Table Settings (linens and tableware) Pipe & Drape rental Chair Cover rental Senior Center Wing Lounge with Dance Floor Lounge with Dance Floor Refundable Lounge deposit Refundable Lounge deposit - Weddings Meeting room (evening use) Meeting room (evening use) Meeting room (weekend use) Meeting room (weekend use) Meeting room deposit Private Dining Room Private dining room deposit Wellness Center West Lawn and CenterPlace $452.00 $105.00 per hour $840.00 per 9 hr session $1,575.00 all day (6 a.m.-1 a.m.) $52.00 per hour $210.00 $500.00 $21.00 per section per day $150.00 $3.00 per place setting $100/day $3/chair per day $105.00 per hour $850.00 per 6 hours $210.00 $500.00 $42.00 per hour $131.00 per 4 hr session $262.00 per day $131.00 per half day $52.00 $52.00 per hour $52.00 $105.00 per hour Rental fee Miscellaneous Cleanup fee Host/Hostess (after hours) Presentation System * * * (includes projector, podium, DVD/VCR Room Setup Satellite Video Conferencing Sound System Technical Support Television/VCR Touch Pad Voting System LCD Projector LCD Projector Coffee Service Linens Only Wine glass only rental Children's Birthday Package sound system, camera system) Resolution 17-019 Amending Fee Schedule for 2018 $3,500.00 per day $52 to $315.00 per event $16.00 per hour $262.00 per day $26.00 per hour $262.00 per hour $42.00 per day $42.00 per hour $79.00 per day $121.00 base station per day + $16.00 per keypad per day per hour $25.00 per hour $100.00 per day $25.00 service $5.00 per table $.50 per glass $175.00 per package Page 11 of 15 DRAFT Business Incentive Rental Policy — The Parks & Recreation Director has the authority to reduce the room rental rate by one hr. when the rental meets the following criteria: minimum of 25 participants; utilize a classroom at CenterPlace eight or more times per calendar year; and use in-house caterer for a meal each reservation. PICNIC SHELTER RESERVATION (For groups fewer than 200 people) Browns (up to five hours) Edgecliff (up to five hours) Discovery Playground #1 (up to two hours) Discovery Playground #2 (up to two hours) Greenacres — large (up to five hours) Mirabeau Meadows — shelter and stage (up to five hours) Mirabeau Springs — shelter and dock (up to two hours) Sullivan (up to five hours) Terrace View (up to five hours) Valley Mission (up to five hours) $50.00 $84.00 $35.00 $35.00 $84.00 $84.00 $250.00 $84.00 $84.00 $84.00 EVENT RESERVATION — include shelter (For groups of 200 or more people) Events include but are not limited to activities such as car shows, tournaments, or high-risk activities. The Parks and Recreation Director shall make the final determination. General fee (up to five hours): $157.00 Non-profit applications with proof of qualifying as a 501(c)(3) entity (up to five hours): $84.00 VALLEY MISSION HORSE ARENA Rental is for Fri -Sun $105.00 per weekend EVENT PHOTOS Mirabeau Springs shelter and dock $150.00 per hour BALL FIELD RENTAL/USE $26.00 1St hour + $15.00 each additional hour REFUNDABLE DAMAGE DEPOSIT Fewer than 200 people Weddings, Special Events and events with 200 or more people $75.00 $300.00 SPECIAL EVENTS (See Spokane Valley Municipal Code 5.15) Application Fee $40.00 RECREATION Recreation program fees are established at amounts to recover costs, as specified in the Parks and Recreation revenue policy. Resolution 17-019 Amending Fee Schedule for 2018 Page 12 of 15 DRAFT Schedule D — Administration COPY FEE Copy of audio tapes, video tapes, DVD, CD's, etc. Copy of written documents in excess of 6 pages Copy large format documents (21" x 36" or greater) Hourly rate to transfer scanned records to electronic disc A deposit of 10% may be required on public record request: ',Paper Paper copies larger than 11"x17" (b/w ei*or color)) Cost $.15 per page $3.00 per page $19.00 per hour Paper copies up to 11"x17" (b/w or color) $0.15 per page* Scanned copies of paper records Electronics records uploaded to email, cloud -based storage, CD/DVD, or flash drive $0.87 per square foot* $0.10 per page * $0.05 per every 4 electronic files or attachments* Records transmitted in electronic format Digital Storage Media Device (CD/DVD, flashdrive) Envelope Postage Records sent to outside vendor for reproduction Customized Service Charge - When the request would require the $0.10 per GB* Actual Cost* Actual Cost* Actual Cost* Actual Cost* use of IT expertise to prepare data compilations or when such customized access services are not used by the agency for other business purposes, the agency may charge the actual cost. The agency must notify the requestor that it will be doing a customized service and can require a 10 percent deposit.* *It is the intent of the City of Spokane Valley to recover the cost of providing public records when the total cost, including but not limited to the per -page, device, envelope, or postage costs, amounts to $1.00 or more. Copy charges above may be combined to the extent more than one type of charge applies to copies responsive to a particular request. When combining fees associated with the request, the City will determine the total cost and charge accordingly. Copy charges are assessed for each installment of records provided to the requestor. A deposit of 10% may be required on public record requests. NSF Check CHECK -Feta -Fa -RETURN €eeFEE $26.00 CREDIT CARD TRANSACTION PROCESSING FEE Applies to all City fees paid by credit card/debit card except for those fees under Schedule F — Police Fees (amount of the alarm fee is intended to cover the total cost of administering the false alarm program, including, but not limited to, payment processing fees). Resolution 17-019 Amending Fee Schedule for 2018 2.5% of transaction amount Page 13 of 15 DRAFT Schedule E — Other Fees BUSINESS REGISTRATION Business Registration Nonprofit Registration $13.00 annual $3.00 annual Late Business Registration Fee: (charged in addition to the business registration fee) (SVMC 5.05.050) Failure to pay the registration fee by the applicable date shall result in a late fee of 50% of the annual registration fee. Failure to pay the annual fee may result in non -issuance of a Washington State license, as determined by the Washington State Department of Licensing. Adult Entertainment Establishment License, Live Adult Entertainment Establishment License, Adult Arcade Adult Arcade Device License Manager License Entertainer License Late Adult Entertainment License Fee (charged in addition to the license fee) 7 to 30 calendar days past due 31 to 60 calendar days past due 61 and more calendar days past due Appeal of Administrative Determination — Adult Entertainment License Adult Entertainment License denial, suspension or revocation pursuant to SVMC 5.10 $1,575.00 $1,575.00 $157.00 $157.00 $157.00 25% of license fee 50% of license fee 75% of license fee $1,050.00 TOW OPERATOR REGISTRATION FEE $105.00 annual OVERSIZED LOAD PERMIT FEE $26.00 STORMWATER UTILITY CHARGE ON DEVELOPED PARCELS: Each single-family unit $21.00 annual All other properties each $21.00 per 3,160 sq. ft impervious surface Resolution 17-019 Amending Fee Schedule for 2018 Page 14 of 15 DRAFT Residential alarm systems Commercial alarm systems Schedule F — Police Fees Residential alarm systems Commercial alarm systems $25.00 annual $35.00 annual $15.00 annual $25.00 annual • .. _ .. ecovery fees are reduced by 50% for eligible citizens. To qualify for the fcc reduction, an eligible person a. has a gross annual income of less than $19,100 for a one person household or b. has a gross annual income of less than $21,850 for households of two or more persons or c. is substantially disabled, meaning that the person has a physical or mental impairment which substantially limits one or more major life activities or functions, such as caring for oneself, performing .. • , hearing, speaking, breathing and learning. Residential false alarm incident Commercial false alarm incident Pals, Alarm Reee FccFALSE ALARM RECOVERY FEE Amount of the fee is intended to cover the total cost of administering the false alarm program, including, but not limited to, payment processing fees. $75.00 per incident $125.00 per incident $65 per incident Resolution 17-019 Amending Fee Schedule for 2018 Page 15 of 15 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 17-019 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING RESOLUTION 15-012 AND APPROVING AN AMENDED MASTER FEE SCHEDULE, AND OTHER MATTERS RELATING THERETO. WHEREAS, it is the general policy of the City to establish fees that are reflective of the cost of services provided by the City; and WHEREAS, the City uses a resolution to establish fees for City programs, permits and services, and periodically the fee resolution must be amended to incorporate new or modified services; and WHEREAS, on December 12, 2017, the City Council conducted a public hearing on this Resolution; and WHEREAS, Council desires to amend the Resolution and accompanying Fee Schedule. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Findings Regarding Public Records Fees. A. Statutory Public Records Fees. The City Council hereby finds and declares that calculating actual costs for paper copies of 11 inches x 17 inches or smaller, scanned copies, and providing electronic records would be unduly burdensome because of the diversity of the City departments, types of records, and information systems involved and budget restraints. Pursuant to chapter 42.56 RCW (the Public Records Act) and based on such finding, the costs for such copies shall be set at the amounts allowed by law. B. Actual Public Records Costs. The City Council hereby finds that the City will charge actual costs for paper copies larger than 11 inches x 17 inches, digital storage media devices (CD/DVD, flashdrives, USBs, etc.), envelopes, postage, and records sent to outside vendors for reproduction when providing copies in response to public records requests. Such charges shall be calculated based on the actual costs the City incurs in the most reasonable cost-efficient method as part of its normal operations purchasing and using ink, paper, and copier wear for large copies, such devices and envelopes, mailing envelopes or other packages, and when using outside vendor copying services based upon contractual or invoiced charges. Section 2. The amendments needed at this time are incorporated into the attached schedules and include new fees and changes to existing fees. Section 3. Repeal. To the extent that previous fee schedules are inconsistent with those set forth herein, they are repealed in their entirety. Section 4. Effective Date. This Resolution shall be in full force and effect January 1, 2018. Approved this day of December, 2017. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Approved as to form: L.R. Higgins, Mayor Office of the City Attorney Resolution 17-019 Amending Fee Schedule for 2018 Page 1 of 14 DRAFT MASTER FEE SCHEDULE Fee Schedule Page No. Schedule A: Planning 3 Schedule B: Building 5 Schedule C: Parks and Recreation 10 Schedule D: Administrative 13 Schedule E: Other Fees 14 Schedule F: Police Fees 14 Resolution 17-019 Amending Fee Schedule for 2018 Page 2 of 14 DRAFT MASTER FEE SCHEDULE Schedule A — Planning AMENDMENTS Comprehensive Plan Amendment Zoning or other code text amendment APPEALS Appeal of Administrative Decision Appeal of Hearing Examiner Findings Transcript/record deposit on Appeals of Hearing Examiner Decisions Appeal of Administrative Decision - Code Enforcement Final Decision pursuant to chapter 17.100 SVMC ENVIRONMENTAL REVIEW STATE ENVIRONMENTAL POLICY ACT (SEPA) Single Dwelling (when required) All other developments Environmental Impact Statement (EIS) Review, minimum deposit Addenda of existing EIS Review SHORELINE Substantial Development Permit Shoreline Exemption CRITICAL AREAS Floodplain Permit not associated with a subdivision Floodplain Permit associated with a subdivision OTHER PERMITS Home Occupation Permit and Accessory Dwelling Units (ADU) Conditional Use Permit Temporary Use Permit LAND USE ACTIONS Subdivisions Preliminary plat Final Plat Time extensions — file review and letter Short Plats Preliminary 2 to 4 lots Final plat 2 to 4 lots Preliminary plat 5 to 9 lots Final plat 5 to 9 lots Time extensions — file review and letter Plat Alteration FEE AMOUNT $1,500.00 $1,500.00 $1,050.00 $315.00 $157.00 $500.00 unless otherwise waived pursuant to SVMC 17.110 $100.00 $350.00 $2,200.00 $350.00 $840.00 $420.00 $315.00 $315.00 + $52.00 per lot $ 84.00 $840.00 $157.00 $2,324.00 + $40.00 per lot $1,424.00 + $10.00 per lot $80.00 $1,224.00 $924.00 $1,424.00 + $25.00 per lot $1,224.00 + $10.00 per lot $80.00 Resolution 17-019 Amending Fee Schedule for 2018 Page 3 of 14 DRAFT Subdivision plat Short plat Plat Vacation Binding Site Plan Binding site plan alteration Change of Conditions Preliminary binding site plan Creating lots within final binding site plan via Record of Survey Final Binding Site Plan Aggregation/Segregation Lot line adjustment Lot line elimination Zero lot line SIGNS Review of permanent sign Review of temporary sign NEW RESIDENTIAL SITE PLAN REVIEW SITE PLAN REVIEW - PER DIVISION REVIEW $682.00 $278.00 $1,474.00 $278.00 $650.00 $1,674.00 $500.00 $924.00 $105.00 $105.00 $105.00 + $10.00 per lot $50.00 + $25.00 if public works review needed $50.00 $50.00 $275.00 STREET VACATION APPLICATION $1,365.00 OTHER Administrative Exception $315.00 Variance $1,575.00 Administrative Interpretations $100.00 Pre -application Meetings $250.00 Fee shall be deducted from land use application, building permit or commercial permit application fee when application is filed within one year of pre -application meeting. ZONING Zoning map amendments (rezone)* Planned residential development plan Planned residential development modification Zoning letter $1,650.00 $1,575.00 + $26.00 per lot $525.00 $210.00 *If rezone is combined with other action(s), cost of other action(s) is additional Resolution 17-019 Amending Fee Schedule for 2018 Page 4 of 14 DRAFT Schedule B — Building Fee Payment Plan review fees are collected at the time of application. Such fees may be adjusted during plan review. Overages or under payments shall be appropriately adjusted at the time of permit issuance. Plan review fees are separate from and additional to building permit fees. Permit fees and any other unpaid fees shall be collected prior to issuance of the permit. Fees for outside professional services required during the permit process shall be paid by the applicant. Examples of outside professional services include review by contract reviewers, special inspection or construction services, consultant services for special topics, surveying or other services required to determine compliance with applicable codes. Fee Refund Policy. Refunds authorized under this policy apply only to Schedule B. PLAN REVIEW FEES • Plan review fees are non-refundable once any plan review work has been started. • Paid plan review fees may be refunded when an eligible request is received in writing. • At a minimum, a $35.00 administrative fee shall be retained. • If the paid plan review fee is less than $35.00, no refund is authorized. • If the paid plan review fee is more than $35.00, the amount for refund shall be calculated at the rate of 100% of the paid plan review fee minus $35.00. PERMIT FEES • Permit fees are non-refundable once work authorized by the permit has begun. • Paid permit fees may be refunded when an eligible request is received in writing. • At a minimum, a $35.00 administrative fee will be retained when fees are refunded. • If the paid permit fee is less than $35.00, no refund is authorized. • If the paid permit fee is more than $35.00, the refund shall be calculated at the rate of 95% of the paid permit fee minus $35.00. For any application taken or permit issued in error, a full refund of fees paid shall be made. No portion of the paid fees shall be retained. FEES GENERAL Hourly Rate for City Employees Overtime rate for City Employees (1.5 times regular rate) Investigation fee: Work commenced without required permits Replacement of lost permit documents $61.00 $92.00 Equal to permit fee Hourly rate; 1 hour minimum Revisions to plans requested by the applicant or permit holder shall be charged the hourly rate with a minimum of one hour. Revised plans submitted in response to reviewer correction letters are not subject to the hourly assessment. Washington State Building Code Council Surcharge (WSBCC) $4.50 per permit WSBCC Surcharge (Multi -Family) $4.50 1st dwelling unit + $2.00 each additional unit Resolution 17-019 Amending Fee Schedule for 2018 Page 5 of 14 DRAFT BUILDING PERMIT: Building permit fees for each project are set by the following fees. The figures below shall be used to determine the building permit fees and plans check fees based on the value of the construction work as stated by the applicant or the value calculated by the Building Official using the latest valuation data published in the Building Safety Journal by the International Code Council, whichever value is greater. Valuations not listed in the Building Safety Journal: Building Type Residential garages/storage buildings (wood frame) Residential garages (masonry) Miscellaneous residential pole buildings Residential carports, decks, porches Valuation Per Square Foot $19.00 $22.00 $19.00 $15.00 Building Permit Fee Calculation Total Valuation Building Permit Fee $1.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $69.25 for first $2,000.00 + $14.00 for each additional $1,000.00 (or fraction thereof) Up to and including $25,000.00 $391.25 for first $25,000 + $10.10 for each additional $1,000.00 (or fraction thereof) Up to and including $50,000.00 $643.75 for first $50,000.00 + $7.00 for each additional $1,000.00 (or fraction thereof) Up to and including $100,000.00 $993.75 for first $100,000 + $5.60 for each additional $1,000.00 (or fraction thereof) Up to and including $500,000.00 $3,233.75 for first $500,000.00 + $4.75 for each additional $1,000.00 (or fraction thereof) Up to and including $1,000,000.00 $1,000,001 and up $5,608.75 for first $1,000,000.00 + $3.15 for each additional $1,000.00 (or fraction thereof) Plan Review Fee Calculation % of Building Permit Fee Plans review fee (general) 65% Plans review fee — Group R-3 occupancies (single family less than 7,999 sq ft) 40% Plans review fee — Group R-3 occupancies (single family 8,000 sq ft or more) 65% Plans review fee — Group U occupancies (sheds, barns, et.) 25% Initial Plan Review Fees are capped at $35,000 not including pass-through expenses for outside review as noted in the "Fee Payment" section of this schedule. Resolution 17-019 Amending Fee Schedule for 2018 Page 6 of 14 DRAFT OTHER BUILDING PERMITS: Over -the -Counter Service Demolition Permit Single Family Residence Commercial Buildings Garage or accessory building associated with residence or commercial building Foundation Only: Swimming Pools, over 2 feet in depth Re -roof (no plan review charge unless submitted for review) Change of Use or Occupancy Classification Permit Towers, elevated tanks, antennas GRADING PERMIT: 100 cubic yards (cu yd) or less 101 to 1,000 cubic yards 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 to 200,000 cubic yards 200,000 or more cubic yards GRADING PLAN REVIEW FEE: 50 cubic yards or less 51 to 100 cubic yards 101 to 1,000 1,001 to 10,000 10,001 to 100,000 100,001 to 200,000 200,001 or more Land Clearing Only (without earth being moved) Paving Permit (greater than 5,000 sq. ft. — new paving only) Resolution 17-019 Amending Fee Schedule for 2018 $61.00 flat fee $46.00 flat fee $131.00 flat fee $21.00 flat fee 25% of building permit fee $52.00 + plumbing fees Based on Project Valuation Hourly Hourly $21.00 $21.00 for first 100 cu yd. + $7.00 each additional 100 cu yd $88.00 for first 1,000 cu yd + $6.00 each additional 1,000 cu yd $154.00 for first 10,000 cu yd+ $15.00 each additional 10,000 cu yd $386.00 for first 100,000 cu yd + $15.00 each additional 100,000 cu yd $528.00 for first 200,000 cu yd + $15.00 for each additional 200,000 cu yd No Fee $12.00 $21.00 $27.00 $27.00 for first 100,000 cu yd + $7.00 each additional 10,000 cu yd $104.00 for first 100,000 cu yd + $6.00 for each additional 100,000 cu yd $166.00 $68.00 $263.00 Page 7 of 14 DRAFT MECHANICAL PERMIT: Plan review fees for mechanical permits shall be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees shall be collected when the permit is issued. If submitted as part of a building permit application, the unit costs are added, but not the "basic" fee for issuing the permit. Mechanical Permit Fees A. BASIC FEES 1. Basic fee for issuing each permit 2. Basic fee for each supplemental permit B. UNIT FEES (in addition to the basic fee) 1. Installation or relocation of Furnaces and suspended heaters a. up to and including 100,000 btu b. over 100,000 btu 2. Duct work system 3. Heat pump and air conditioner a. 0 to 3 tons b. over 3 tons to 15 tons c. over 15 tons to 30 tons d. over 30 tons to 50 tons e. over 50 tons 4. Gas water heater 5. Gas piping system 6. Gas log, fireplace, and gas insert installation 7. Appliance vents installation; relocation; replacement 8. Boilers, compressors, and absorption systems a. 0 to 3 hp - 100,000 btu or less b. over 3 to 15 hp - 100,001 to 500,000 btu c. over 15 - 30 hp - 500,001 to 1,000,000 btu d. over 30 ph -1,000,001 to 1,750,000 btu e. over 50 hp - over 1,750,000 btu 9. Air Handlers a. each unit up to 10,000 cfm, including ducts b. each unit over 10,000 cfm 10. Evaporative Coolers (other than portable) 11. Ventilation and Exhausts a. each fan connected to a single duct b. each ventilation system c. each hood served by mechanical exhaust 12. Incinerators a. residential installation or relocation b. commercial installation or relocation 13. Unlisted appliances a. under 400,000 btu b. 400,000 btu or over 14. Hood a. Type I b. Type II 15. LP Storage Tank 16. Wood or Pellet Stove insert 17. Wood stove system - free standing PLUMBING PERMIT: $37.00 $8.00 $13.00 $16.00 $11.00 $13.00 $21.00 $26.00 $37.00. $63.00 $11.00 $1.00 per outlet $11.00 $10.00 each Resolution 17-019 Amending Fee Schedule for 2018 Page 8 of 14 $13.00 $21.00 $26.00 $37.00 $63.00 $13.00 $16.00 $11.00 $11.00 $13.00 $13.00 $21.00 $23.00 $52.00 $105.00 $52.00 $11.00 $11.00 $11.00 $26.00 DRAFT Plan review fees for mechanical permits shall be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees shall be collected when the permit is issued. If submitted as part of a building permit application, the unit costs shall be added, but not the "basic" fee for issuing the permit. A. BASIC FEES 1. Basic fee for issuing each permit $37.00 2. Basic fee for each supplemental permit $8.00 B. UNIT FEES (in addition to the basic fee) 1. Each plumbing fixture on a trap $6.00 each (includes garbage disposals, dishwashers, backflow device, drainage, hot tubs, built-in water softener, water closets, lavatories, sinks, drains, etc.) 2. Water Heater $6.00 each 3. Industrial waste pretreatment interceptor $16.00 (includes its trap and vent, except kitchen type grease interceptors functioning as fixture traps.) 4. Repair or alteration of water piping, drainage or vent piping $6.00 each fixture 5. Atmospheric type vacuum breaker $6.00 each 6. Backflow protective device other than atmospheric type vacuum breakers $6.00 each 7. Medical gas $6.00 per outlet 8. Interceptors $6.00 each RIGHT-OF-WAY PERMIT: A traffic plan and traffic plan review is required if more than 50% of the width of any street is closed or if a single arterial lane is closed. A minimum plan review fee of $61.00 (hourly rate for City employees) applies to all right-of-way permits that require a traffic plan. If additional staff time is required, it shall be charged at the hourly rate. Category 1. Non -cut obstruction without clean up 2. Non -cut obstruction with clean up 3. Pavement cut obstruction, non -winter 4. Pavement cut obstruction, winter 5. Approach Permit $73.00 $110.00 $168.00 $210.00 $52.00 SIGN PERMIT: Sign permits shall be subject to assessment of planning division review fees as found in Schedule A. Sign Permits shall also be subject to the assessment of the WSBCC fee as noted in Schedule B "General" section. Signs mounted on buildings $48.00 per sign (flat fee) Sign and pole mounting $68.00 per sign (flat fee) Resolution 17-019 Amending Fee Schedule for 2018 Page 9 of 14 DRAFT Schedule C - Parks and Recreation ADMINISTRATIVE FEES Basic fees to be considered when applying rates Administrative Fee Refuse Fee AQUATICS Pool admission (age 5 and under) Pool admission (age older than 5) Pool punch pass (25 swims) Weekend family discount - 1 child under 13 free with paying adult At the discretion of the City Manager, the Parks and Recreation Department may on occasion offer free admission open swim days. $32.00 $52.00 free $1.00 $20.00 Swimming Lessons Swim Team Fee Reservation (less than 50 people) Food fee (less than 50 people, if applicable) Reservation (50-100 people) Food fee (50-100 people, if applicable) Reservation (101-150 people) Food fee (101-150 people, if applicable) **Minimum 2 hours ALCOHOLIC BEVERAGE PERMIT CENTERPLACE Conference Center Wing Auditorium Auditorium Auditorium Auditorium w/Presentation System Auditorium w/Presentation System Auditorium w/Presentation System Auditorium Deposit Executive Conference Room Executive Conference Room Deposit Meeting Room (day and evening use) Meeting Room Large Meeting Room Large Meeting Room Large Meeting Room Meeting Room Meeting Room Deposit Patio Event Package Portable Sound System Platinum Package *** Requires rental of presentation system, see next page $35.00 $45.00 $105.00 per hour** $25.00 $131.00 per hour** $52.00 $157.00 per hour** $79.00 $10.00 $79.00 per hour $475.00 per day $236.00 per half day $52.00 per hour* * * $315.00 per day*** $158.00 per half day*** $52.00 $52.00 per hour $52.00 $42.00 per hour $263.00 per day $75.00 per hour $225.00 per half day $450.00 per 9 hr. day $131.00 per half day $52.00 $500.00 per event $150.00 per event $500.00 per event Resolution 17-019 Amending Fee Schedule for 2018 Page 10 of 14 DRAFT Great Room Kitchen deposit Multi-use/Banquet Hall Multi-use/Banquet Hall Multi-use/Banquet Hall Small Dining Area Refundable Deposit Refundable Deposit - Weddings Stage Stage Removal Table Settings (linens and tableware) Pipe & Drape rental Chair Cover rental Senior Center Wing Lounge with Dance Floor Lounge with Dance Floor Refundable Lounge deposit Refundable Lounge deposit - Weddings Meeting room (evening use) Meeting room (evening use) Meeting room (weekend use) Meeting room (weekend use) Meeting room deposit Private Dining Room Private dining room deposit Wellness Center West Lawn and CenterPlace Rental fee $452.00 $105.00 per hour $840.00 per 9 hr session $1,575.00 all day (6 a.m.-1 a.m.) $52.00 per hour $210.00 $500.00 $21.00 per section per day $150.00 $3.00 per place setting $100/day $3/chair per day Miscellaneous Cleanup fee Host/Hostess (after hours) Presentation System * * * (includes projector, podium, DVD/VCR sound system, camera system) Room Setup Satellite Video Conferencing Sound System Technical Support Television/VCR Touch Pad Voting System LCD Projector LCD Projector Coffee Service Linens Only Wine glass only rental Children's Birthday Package $105.00 per hour $850.00 per 6 hours $210.00 $500.00 $42.00 per hour $131.00 per 4 hr session $262.00 per day $131.00 per half day $52.00 $52.00 per hour $52.00 $105.00 per hour $3,500.00 per day $52 to $315.00 per event $16.00 per hour $262.00 per day $26.00 per hour $262.00 per hour $42.00 per day $42.00 per hour $79.00 per day $121.00 base station per day + $16.00 per keypad per day per hour $25.00 per hour $100.00 per day $25.00 service $5.00 per table $.50 per glass $175.00 per package Business Incentive Rental Policy - The Parks & Recreation Director has the authority to reduce the room rental rate by one hr. when the rental meets the following criteria: minimum of 25 participants; utilize a classroom at CenterPlace eight or more times per calendar year; and use in-house caterer for a meal each reservation. Resolution 17-019 Amending Fee Schedule for 2018 Page 11 of 14 DRAFT PICNIC SHELTER RESERVATION (For groups fewer than 200 people) Browns (up to five hours) Edgecliff (up to five hours) Discovery Playground #1 (up to two hours) Discovery Playground #2 (up to two hours) Greenacres — large (up to five hours) Mirabeau Meadows — shelter and stage (up to five hours) Mirabeau Springs — shelter and dock (up to two hours) Sullivan (up to five hours) Terrace View (up to five hours) Valley Mission (up to five hours) $50.00 $84.00 $35.00 $35.00 $84.00 $84.00 $250.00 $84.00 $84.00 $84.00 EVENT RESERVATION — include shelter (For groups of 200 or more people) Events include but are not limited to activities such as car shows, tournaments, or high-risk activities. The Parks and Recreation Director shall make the final determination. General fee (up to five hours): $157.00 Non-profit applications with proof of qualifying as a 501(c)(3) entity (up to five hours): $84.00 VALLEY MISSION HORSE ARENA Rental is for Fri -Sun $105.00 per weekend EVENT PHOTOS Mirabeau Springs shelter and dock $150.00 per hour BALL FIELD RENTAL/USE $26.00 1St hour + $15.00 each additional hour REFUNDABLE DAMAGE DEPOSIT Fewer than 200 people Weddings, Special Events and events with 200 or more people $75.00 $300.00 SPECIAL EVENTS (See Spokane Valley Municipal Code 5.15) Application Fee $40.00 RECREATION Recreation program fees are established at amounts to recover costs, as specified in the Parks and Recreation revenue policy. Resolution 17-019 Amending Fee Schedule for 2018 Page 12 of 14 D RAFT Schedule D — Administration COPY FEE Paper copies up to 11"x17" (b/w or color) $0.15 per page* Paper copies larger than 11"x17" (b/w or color) $0.87 per square foot* Scanned copies of paper records $0.10 per page * Electronics records uploaded to email, cloud -based storage, CD/DVD, or flash drive $0.05 per every 4 electronic files or attachments* Records transmitted in electronic format $0.10 per GB* Digital Storage Media Device (CD/DVD, flashdrive) Actual Cost* Envelope Actual Cost* Postage Actual Cost* Records sent to outside vendor for reproduction Actual Cost* Customized Service Charge - When the request would require the use of IT expertise to prepare data compilations or when such customized access services are not used by the agency for other business purposes, the agency may charge the actual cost. The agency must notify the requestor that it will be doing a customized service and can require a 10 percent deposit.* *It is the intent of the City of Spokane Valley to recover the cost of providing public records when the total cost, including but not limited to the per -page, device, envelope, or postage costs, amounts to $1.00 or more. Copy charges above may be combined to the extent more than one type of charge applies to copies responsive to a particular request. When combining fees associated with the request, the City will determine the total cost and charge accordingly. Copy charges are assessed for each installment of records provided to the requestor. A deposit of 10% may be required on public record requests. NSF CHECK RETURN FEE $26.00 CREDIT CARD TRANSACTION PROCESSING FEE Applies to all City fees paid by credit card/debit card except for those fees under Schedule F — Police Fees (amount of the alarm fee is intended to cover the total cost of administering the false alarm program, including, but not limited to, payment processing fees). 2.5% of transaction amount Resolution 17-019 Amending Fee Schedule for 2018 Page 13 of 14 DRAFT Schedule E — Other Fees BUSINESS REGISTRATION Business Registration Nonprofit Registration $13.00 annual $3.00 annual Late Business Registration Fee: (charged in addition to the business registration fee) (SVMC 5.05.050) Failure to pay the registration fee by the applicable date shall result in a late fee of 50% of the annual registration fee. Failure to pay the annual fee may result in non -issuance of a Washington State license, as determined by the Washington State Department of Licensing. Adult Entertainment Establishment License, Live Adult Entertainment Establishment License, Adult Arcade Adult Arcade Device License Manager License Entertainer License Late Adult Entertainment License Fee (charged in addition to the license fee) 7 to 30 calendar days past due 31 to 60 calendar days past due 61 and more calendar days past due Appeal of Administrative Determination — Adult Entertainment License Adult Entertainment License denial, suspension or revocation pursuant to SVMC 5.10 $1,575.00 $1,575.00 $157.00 $157.00 $157.00 25% of license fee 50% of license fee 75% of license fee $1,050.00 TOW OPERATOR REGISTRATION FEE $105.00 annual OVERSIZED LOAD PERMIT FEE $26.00 STORMWATER UTILITY CHARGE ON DEVELOPED PARCELS: Each single-family unit $21.00 annual All other properties each $21.00 per 3,160 sq. ft impervious surface Schedule F — Police Fees FALSE ALARM RECOVERY FEE Amount of the fee is intended to cover the total cost of administering the false alarm program, including, but not limited to, payment processing fees. $65 per incident Resolution 17-019 Amending Fee Schedule for 2018 Page 14 of 14 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2017 Department Director Approval: Check all that apply: Cel :an=ent • old b_Isiilk3_ , +.J :few t.iLi II1e pualic hearing AGENDA ITEM TITLE: Approval of the FolIc•vvir.g Vouchers: VOUCHER LIST VOUC'lIi'_1,x 1N11 i II,I..1R!r TOTAL AMOUNT 1,4N/2.01.7..13052-13 LU5,: i1}7,:': ? IL1(.I•1nrti I/141'2017 27471002 $155.965 5 35 111612017 .43 106-43125 ?N5,52029 1/11711'01 ; 3126-L:.3175 1:1S!',',216.013 1/21r:017 7.101-7 1L){) $1.016.00 .112112017 4:t 176-43194 '♦;1 57,220,60 :1:/22,21)17 (1111; 116-61]7;6119-,o121. ;2(.610(1 $77,120.52 ',1/22/2017 .1 1 !95-43217 ff +1.3/}},49 . 11_L-),21)1 r ! 50U-1 515 t12il.r10 111292017 13218-43251 J2/01/2017 43252-43257 (:It \ N11 '1'{ )21''41.. .$3,378.,6K.05 111.111 rii4Lri 71 1 111L,1 idLi 151�cr, Ic,i1rIL1 c,;n i.wut ]tr 1 ..>.is 141 — 1'1111:1 103 - I':i 1 I1cK. Trails I..ce}11 11J5 1 1+rlt l lc'lrl Tax. I'lll7Iic 4/11 iE. 106 i.licl ~:1211 .l� Dcl'ut}. City N..iiir]oLei• 12(1 ( 'L nrwl l'::i. L' S )17W r;i1 a,,, Fill:knce 121 `•.L'IVILL 1 Iu:t1a1>I [ � 51,IIr�cti 127 V4"icli4r +4Vtcalller Its , I •. filmic work,: 20.4 - Deb.! C F..I)- Alin]in: lrtition 301 121;1 • 1 (',1171/51 PrcFj cl C.:1.1)-- F.co:1 +-1.:iL I)ovoitii,rlci11 yU2 - ITI.I . ' c aIai1:11 hItiII1L'1114'I'Vl�'w* 1', I'111',k'�I'lllb 303 -- Cid .1 C'i:l) 1)L.+,'_!,4I1i i_i11 IL•rt-i'.c.oswl'1a1111ing 300 (:1•:I) IIILiIL:i11;' 310 —4 1';111•.5 cL: IWL:L :.i1111111:i1]'Ll1rL111 311 l'.IM`t'in i:l 1�rt � I':Cllii111 P�irl•:� < I:.�L 71::!111Lnilnc 312 (:il?I{:!I 1 .1tiYcrxL Park t I L L-R&.'L'14iaiia,iT1 314 — 1 <ii1L4+.Itl 1ii.lcl ''_] 1111:L I1 t'rc )L clw Aquatics 402 — Part;; & k c- Senior t'L!..icr 403 — Ayi,i('cr Pi•,iLoction. Arca Fa11.S _ IL. {'1111' 11'1:11'4 501 - T.1Ill[R71'11L111 I6L17till :y IZL17I,1LC'I1'lerli c ;,,; 1 f L ,1:1�i1 iviaiL•41 502 — l itilti 9L1rri-, c n1Ln! //11111 - ( : L'Iu. r LI hind 1101 .01 1 .001:1.5 11. (' 11v (,'47',111(; I I 11111 013 ()00.513. City M ritif cr 001.013 .0 ] 5.515. 001.016-000. /01.018.01 3.513. :I01 018,0N.514. lr0l.01,'101(1.518. 001. { 2.000. 001.05.R 050.558, 001 05 8.051.558. 001.05S .055.558. 001.{15}1 05.6 .558. 1101 !:I^,, 115 ;.558 17 .:14"14.1.C. 70, /1111 ,,i;',6 1oo.576, 21111 uT ;0I.571. 01.' 1 0.26 .576. 20.1.T., 75. 1.o0I 0 76 1 1..14.:} 71. 011 1 ,1194. b,1 b{11.1. I I, 1111 {I'){h (1.00-514, 1111 11.r-'ri:r.ci1.)0.517. 101 irjo.0,1.10.518. 001 ,,/,0..04X1.519. 001 oL1{11li111.;:10, 01,)1 090,000,550. ;11;1 I 4:190 :;bii(}.560, 1. 1 !11:111Ch- iC1:11,_41 GLIILF,LI i.14h+. 1- .111 'lllt i'L' ,I Il tl,i ." CiL21,L:';L! 1 ;,h4. 1.. {L'1111li C(L,'+ Ci'nL,:11 1 4. )11..1L:.,4 CiC114t.L1IIr:ii ; l4`I'r:,iii111 (ICI;L11L1 4 I::}+ I -ilii rlr;ll 1 .:oriornic (i ii PILI t r7L' i 7.-itl icos �� ll4 i 41 t i�1V'�-{ 51'II:L 1 '111111]'; C�L'Ii�'1,L1 1 17k°`(-1'=1' L'I[I:Ill I'I w' 6.'Iv I1LOfl RECOMMENDED ACTION OR MOTION: Move lo approve _attached list of claim vouchers. [Approved as part of t1 Cci ss::nt r=1cI. ncla, cr iniEy je removed and discussed separately STAFF coNTACT Cholsie Taylor, Finance Lire::tl;}r ATTACHMENTS: Vclt..c.her Lists vchlist 1110912017 11:12;13AM Voucher List Spokane Valley Page: 1 Bank code : apbank Voucher Date Vendor Invoice 43052 11/912017 000197 ACRANET 43053 1119/2017 000444 ARCTIC LIGHTING 8% ELECTRIC 43054 11/9/2017 000234 ARLT, SHANE 43055 11/9/2017 000173 BINGAMAN, GREG 43056 111912017 00004 BRANCH, CAROLBELLE 43057 1119/2017 000756 BUDINGER & ASSOCIATES INC 43058 1119/2017 003122 GALHOUN, MARK 43059 1119/2017 001122 CAMERON-REILLY LLC 43060 11192017 000322 CENTURYLINK 43061 111912017 002572 CINTAS CORPORATION 43062 11/912017 040571 CODE PUBLISHING COMPANY 5172 718-3 04-2017 04-2017 Q4-201 f M17423-2 Q4-2017 PAY APP 3 OCTOBER 2017 8062.0035 606281690 606287782 0'D€ 300 ; 600284360 60028428sG Fund/Dept 001 016,016.518 107.000.246.594 101.042 000542 001.018.014.514 001.018.013.513 311,000 240.595 001.0113.000.513 303203,141 595 001.090.000.518 101.000.000.542 402.402.000.531 101.000.000 542 101.000.000.542 101.042.000.543 101.00 0.000.542 576/1 001.013,000.513 Description/Account Amount EMPLOYEE BACKGROUND CHECl< Total 0215 -STATUE LIGHTING 46.00 46.40 4.620.68 Total : 4,620.6a Q4-2017 CELL PHONE ALLCVVANCI Total : Q4-2017 CELL PHONE ALLOVVANCI Total : 04-2017 CELL PHONE ALLOWANC! Total 0240 -MATERIALS TESTING 135.00 135.00 135.00 135.00 135.00 135.UU 6,654.92 Total: 6,654.92 04-2017 CELL PHONE ALLOWANCI Total : 0141 -CONSTRUCTION CONTRACT Total : CITY HALL PHONES Total : SERVICES AT MAINTENANCE SHO SERVICES AT MAINTENANCE SHO SERVICES AT MAINTENANCE SHO SERVICES AT MAINTENANCE SHO SERVICES AT MAINTENANCE SHO SERVICES AT MAINTENANCE SHO Total : 135,00 135.00 59,475.60 55,475.6 238.73 238.73 1n0.60 377.75 142.78 130.60 325.71 130.60 1,241.04 WEIR HOSTING 350.00 Page: 1 vohlist 11/09/2017 11:12 :13AM Voucher List Spokane Wiley Page: 2 Bank code : apbank Voucher Date Vendor Invoice 43062 1119f2017 000571 000571 CODE PUBLISHING COMPANY (Car°tInued) 43053 11f9f2017 005190 GALL€ER, CALEB 43064 1119!2017 000508 CONOCOPHILLIPS FLEET 43065 11/912017 000683 DAVID EVANS & ASSOCIA1 kS 43066 111912017 000742 DCI ENGINEERS 43067 111912017 002604 DELL FINANCIAL SERVICES LLC 43068 111912017 003682 EPIC LAND SOLUTIONS INC 43069 111912017 000659 EVCO SOUND & ELECTRONICS 43070 111912017 {]ITh t4 EXCHANGE PUBLISHING LLC 43071 1/1942017 003261 FEHR & PEERS ❑4-201`1 51845002 408160 409382-1 409392-2 409389 111642 79232033 79233421 0717-0614 1149 29332 470170 472585 472586 472589 117679 117886 FundfDept 001,01'1.000.511 001 05P 057.558 314700.143.595 K.3.30'.3.123.595 303.30a 123.595 314.000.143.595 311.000252.595 001.090.000.543 001.090.000.548 DeacriptiortlAccount Amount Total 04-2017 CELL PHONE ALLOVVANCI Total° OCTOBER 2017 FLEET FUEL BILL Total 0143 -DESIGN SERVICES 0123 -DRAFTING AND DESIGN SER 0123 -DRAFTING AND DESIGN SER 0143 -DESIGN SERVICES 0252. ROW CONSULTANT Total : Total : COMPUTER LEASE: 01-8922117-00 COMPUTER LEASE 3050 MICRO Total : 303.303.123.595 0123 -RW SERVICES 303.303.166.595 0166- RW SERVICES 001 090.000.518 303 000.201.595 001 .013.000.513 001.013.000.513 001,013.000.513 IT SUPPORT LEGAL PUBLICATION LEGAL PUBLICATION LEGAI PURL.ICATION LEGAL PUBLICATION 314.0 00.143.595 0143 -TRAFFIC ANALYSIS 314.000-223.595 0223 -TRAFFIC ANALYSIS Total : Total: Total : Total 350.00 135.00 135.00 2,066.58 2,088.58 7,134.17 5,732.70 944.96 69, 990.60 83,1302.43 11250.00 1,250.0Q 862.93 231.68 1,094.61 4272.90 638.25 4.911.15 198.02 198.02 80.58 37.60 11.06 19.75 148.89 3,247.40 13,317.20 16,564.80 Page- 2 vchi ist 11/09/2017 11:12:13AM9 Voucher List Pse: 3 Spokane Valley Bank code : ar}bank Voucher Date Vendor Invoice Functi Dept Description/Account Amount 43072 11(9/2[117 001447 FREE PRESS PUBLISHING iNC 47881 3113 000.201.595 PC. DVFFITIS€NG 90.10 47932 001.013.000.513 LEGAL PUBLICATION 126.90 47936 001,013.000.513 LEGAL PUBLICATION 25.00 Total 242.00 43073 11f912017 005474 FREIGHTLINER NORTHWEST PC001392258:01 101 0C+;).n0. 2 I-FPAI R & MAINTSUPPLIES: SNOV+ 65.28 PC001392258:02 101 00.j.:]00.242 r EPAIR & MAINTSUPPLIES! SNOV+ 115,55 PC001392258:03 101.000.000.542 REPAIR & MAINTSUPPLIES: SNOW 49.97 Total: 230.60 43074 11f912017 0031B8 GENERAL FIRE EXTINGUISHER SERV 69334 001.058.057.558 FLEET FRE EXTINGUISHER INSPE 355,67 Total : 355.67 43075 11(912017 001253 GORDON THOMAS HONEYWELL Dct17 1042. 001 011.000.511 GOVERNMENTAL AFFAIRS 4.647.80 Total . 4,647.60 42076 11/912017 000011 GREATER SPOKANE VALLEY 27672 001,018.013.513 ANNUAL MFMS7RSHIP UES 460.00 Total : 460.40 43077 1119/2017 005191 1-IALEY, PAM 04-2017 001.011.000.511 04-2017 CELL PHONE ALLOWANCI 135.00 Total : 135.00 4.3078 11f912017 002043 HDR ENGINEERING INC 1200082377 001,090-000.513 PROFESSIONAL SERVICES 10,174.98 Total . 19,174,98 43079 1119/2017 003297 HIGGINS, LEWIS ROD 04-2017 001.011.000.511 Q4.2017 CELL PHONE ALLOWAr~JC1 135.00 Total 135.00 43080 1102017 000421 HOHMAN, JOHN Q4-2017 001.018.013.513 04-2(717 CELL PHONE ALLUWANC1 135.00 Total 136.0 0 43081 11f9/2017 002384 IMS INFRASTRUCTURE MGMT. LLC 12617-3 101.042.000.542 2017 PAVEMENT MANAGEMENT PL 33,580.60 Total : 33,5.660.60 43082 1119/2017 001944 LANCER LTD 4466930 001 090.000.519 BUSINESS CARDS 292.94 Total : 292.94 43083 1119/2017 000472 LAWTON PRINTING 40873 001 013,000.513 OPEN HOUSE POSTCARDS 324.22 Page: 3 vehlist 11/09/2017 11:12:13AM Voucher List Page: 4 Spokane Valrey Bank code : =bank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 43083 1119/2017 000472 000472 LAWTON PRINTINCI (Continuer) Total : 324.22 43084 111912017 003959 MAX J KUNEY CU PAY APP 30 303.303.155.595 0155 - SULLIVAN RD WEST BRIDGI 329,732.39 Total : 329732,39 43085 11/9/2017 002552 MDM CONSTRUCTION INC, PAY APP 5 303.ci00.7 .l 595 0251 -CONSTRUCTION CONTRACT 453,284.48 Total : 453,284,45 43086 11/912017 000636 MOORE IACOFANO GOLTSMAN, INC. 9050587 3+1'.3.1700,227.595 PROFESSIONAL SERVICES 4,783.34 Total : 4,783,34 43087 11/912017 005192 MUNCH, MICHAEL Q4-2017 001.011.000.511 04-2017 CELL PHONEALLOWANCI 135.00 Total : 135.00 43088 1119/2017 000153 NORTHWEST CHRISTIAN SCHOOL INC 3RD QTR 2017 CAM 001.090.000.518 3RD 0TR 2017 CAM CHARGES FOI 885.40 Total : 885.40 43089 11/912017 000652 OFFICE DEPOT INC. 976034246001 001.018.014.514 OFFICE SUPPLIES: FINANCE 13.58 Total : 13.58 43090 11/912017 000058 OMA A500163 001.018.018.518 EMPLOYMENT PHYSICAL EXAM 100.00 Total : 100.00 43091 11/912017 003587 PACE, ED Q4-2017 001.011.000.511 Q4-2017 CELL PHONF AI.I.OWANC! 135.f1w7 Total : 135.00 43092 11/912017 001604 PACIFIC NW PAPER 184808 001.090.000.519 COPY PAPER 126.75 Total : 128.75 43093 11!912017 000875 R_AMAXPRINTING & AWARDS INC 30036 001.058.051.558 NAME PLATES 20,38 Total : 29.38 43094 111912017 000031 ROYAL BUSINESS SYSTEMS IN71007 {}01.0;8.057.558 OCTOBER 2017 DOPER COSTS 1,187.67 Total : 1,167.67 43095 111912017 002835 SCS DELIVERY INC 10632 001.011.000.511 BROADCASTING 75.00 Total ; 75,04 43096 1119/2017 030459 SPOKANE CO TITLE CO 5-SP12791 303303.123.595 0123 - PLANT INFO GUARANTEES 97920 Page: .1 von -list 11109!2017 11:12:13AM Voucher List Spokane Wiley Page: 5 Sank code : apbank Voucher Date Vendor 43095 1119i2017 000459 SPOKANE GO TITLE CO 43097 111942017 000001 SPOKANE CO TREASURER 43098 1119/2017 003003 SPOKANE SUNSCREEN LLC 43099 1119/2017 000554 SPVV LANDSCAPE ARCHITECTS 43100 11/912017 000717 TRANSPO GROUP INC 43101 11/912017 005978 VIKING BUILDERS LLC 43102 111912017 000100 WABO INC. 43103 11/912017 040140 WALT'S MAILING SERVICE LTD 43104 11/912017 004895 W000, SAM 43105 11(912017 002551 WOODARD, ARNE 3110722 11(3/2017 000001 SPOKANE CO TREASURER 21904878 11(112017 000409 DEPT OF REVENUE 56 Vouchers for hank code : apbank Invoice (Continued) 5 P'[ 26T6 934002075 67489 1755.01 20952 PARCEL 55074.1357 34685 57970 Q4-2017 Q4-2017 OCTOBER 2017 Q3.2017 Fundfaept Description/Account Amount 343.303.123.595 0123 - PLANT INFO GUARANTEES Total : Total : Total : Total Total : 001.016.0999.594 03-2017 CADRMS 001.032.000.543 303.303.123.595 303.000.259.595 303.303.123.595 001.018.015.518 314.00 0.143.595 001.011.000.511 001.011.000.511 001,016.000.512 001.076.302.576 WHITE FROST WINDOWS 0123 -LANDS CAPE DESIGN 0259 -ENGINEERING SVCS CIP 0123- PERMANENT EASEMEN Total : JCB POSTING POSTAGE SERVICES Total : 4,569.60 5,548.80 29,205.01 29,206.01 1,521,02 1,521.02 6.782.84 6,782.64 19,959.11 10,959.11 10.638.00 10,03a.00 50.00 50.00 1,419.80 Total : 1,41930 04-2017 CELL PHONE ALLOWANCI Total 04-2017 CELL PHONE ALLOWANCI Total : SPOKANE COUNTY SERVICES Total COMBINED EXCISE TAX RETURN Total : Rank total: 135.00 135.00 135.00 135.00 458,228.35 458,228.35 8.928.22 8,928.22 1,576,031.28 Page: 5 vc oh list 111/4120/7 10:00:17AM Voucher List Spokane Vailey Page: Bank coder. apbank Voucher Date Vendor Invoice Fund/dept DescriptionlAccount Amount 27471 1102 W5f2017 000001 SPOKANE CO TREASURER 1 Vouchers for bank code : apbark 1 Vouchers in this report I, the undersigned. va Certify under penaity of perjury. 11-ot the materials haue been furnished, the services rendered, or the labor performed as described herein and that the dein, is lust, due and an unpaid obligation against the City of Spokane Valley, and that am authorized to authenticate arid c rtfy said deitrt. Finance Director Data C unce member review: Mayor bate CourrcF Member Date AUGUST 2017 001.016.400.512 SPOKANE COUNTY SERVICES 155,965.35 Total : 155,965.35 Bank total : 155,965.35 Total vouchers : 155,965.35 Page: vchlist 11 /16/2017 2:11 5:1 6PM Voucher List SFakanP Valley Page: 1:7 Bank code : apbank Voucher Date Vendor Invoice 43106 11/1012017 000030 ;NISTA 43147 11/1612017 006379 BATES, SUSAN 43108 11/16/2017 003300 CAPITAL ONE COMMERCIAL 43109 11f16/2017 001169 CITY OF SPOKANE VALLEY 43110 11/16/2017 001188 DANIELSON, TOM 43111 11/16/2017 000441 HOME DEPOT CREDIT SERVICES 43112 11/16/2017 002607 HUB SPORTS CENTER 43113 1111612017 000070 INLAND POWER & LIGHT CO 43114 11/16/2017 400359 IRVIN WATER DIST. #6 43115 11/16/2017 004796 JORGENS, CRAIG 43116 11/16/2017 000132 MODERN ELECTRIC WATER CO 43117 11/16/2017 006348 POWERS-HFNDERSON, CANDICE Oct 2017 BLD -2017-2372 OCT 2317 Nov 2017 Expenses Sept -Oct 2017 Oct 2017 Oct 2017 Oct 2017 Oct 2017 Nov 2017 Oct 2017 OCt 2017 Expenses F Lind/Dept 1C 1.1142.0)00_.342 001.058.059.322 001,090.000.519 F esrriptioniAcrnunt Amount UTILITIES: PW MASTER AVISTA Total : PERMIT REFUND BLD -2017-2372 Total SUPPLIES: GEN GOV. COUNCIL, C Total 441.032.003,543 PETTY CASH: 16669 101_042.000.542 001.090.000.518 105.000.000.557 105.000.000.557 Total EXPENSE REIMCURSEMENT Teal SUPPLIES FOR GEN GOV Total 2017 LODGING TAX GRANT REIMB 2017 LODGING TAX GRANT RE1MB Total : 101.042.000.542 UTILITIES:CCT 2D17 001,076.300.576 UTILITIES: PARKS & PW 001.237.10.95 101.042.000.542 001.075.300.576 001.032.000.:43 SURETY DEPOSIT REFUND Total : Total : Total : UTILITIES: OCT 2017 PW UTILITIES: OCT 2017 PARKS Total EXPENSE REIMBURSEMENT 27216.05 27, 218.05 51.00 51.00 503.06 503.06 11.00 11.00 37.00 37.00 72.37 72.37 12,000.00 6,636.89 18,836.89 445.12 445.12 295,00 295.00 205.168,40 205,168.40 11.818.53 1,075,06 14,693.59 25.90 Page: vchl 1st 1111612017 2:15:16PM Voucher List Spokane Valley Page - Bank code ? aobar Voucher date Vendor Irrvoice Fund/Dept Deseriptivn/Account Amount 43117 11/15)2017 006348 006348 POWERS-HENDERSON, CANDICE (Continued) Total : 25.90 42118 11/1612017 006351 PROFESSIONAL CRANE INSPECTIONS 170261 001.016.016,521 LIFT REPAIR AT PRECINCT 2,207.10 Total : 2,207.10 43119 11/1612017 006300 SCHLUTER, JOSHUA BLD -2017-3125 001,058.059.322 PERMIT REFUND BLD -2017-3125 50.00 Total : 58.00 43120 11/16/2017 005012 SPOKANE CO ENVIRONMENTAL Nov 2017 001.076.302.576 SPOKANE CO SEWER CHRGS NC 1 785.48 Total : 1,785.48 43121 11/18/2017 000404 SPOKANE VALLEY HERITAGE MUSEUM Oct 2017 105.300.000.557 2017 LODGING TAX GRANT REIW. E 424.00 Total : 424.00 43122 11/1/1/2017 000295 VALLEYFEST Oct 2017 001.090.000.550 2017 ECO DEV GRANT RD MBL'RSI 2,883.33 OcI 2017 001.090.000.550 2017 ECO DEV GRANT t.f=I'viL'.JRSI 1,108.39 Total : 3,991.72 43123 11/16/2017 000107 'VERA WATER & POWER Sept 2017 101.042,000.542 UTILITIES: SEPT 2417 MASTER @1L 5,886.86 Total : 5,886.86 43124 11/18/2017 008178 WALTER E NELSON CO 343211 001.033.000.518 SUPPLIES FOR CITY HALL 419.39 Total : 419.39 43125 11f16/2017 005715 WIDOW'S MIGHT 2017 UU7.090.01}0.560 2017 SOC SER. GRANT REIMBURSI 3,398.36 Total : 3,398.36 20 Vouchers for bank code : apbank Bank total : 285,520.29 20 Vouchers in this report TotaI vouchers : 285,520.29 veil list 11/16/2017 3:36:51 PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Data Vendor Invoice 43126 19116/2017 (70095$ AAA SWEEPING LLC 43127 11/16/2017 002931 ALL WESTERN INDUSTRIAL SUPPLY '=�:nrl?debt Description/Account Amount 59889 - x'.000.531 STORM DRAIN CLEANING 59899 4 ,'2,000.531 STREET SWEEPING 105442 _ f, ^` S i2 SUPPLIES: SNOWPLOWS 43128 11/16/2017 0D3337 ARROW CONSTRUCTION SUPPLY INC 205812 43129 11/16/2017 001344 BENTLEY SYSTEMS INC 43130 11/16/2017 004439 BIRCH COMMUNICATIONS INC 43131 11/16/2017 002993 BROADWAY INDUSTRIAL SUPPLY 427449 427551 478 7802 25085380 43132 11/1612017 000673 BUDGET ARBOR & LOGGING LLC 43133 11/18/2017 001122 CAMERON-REILLY LLC 43134 11/16/2017 002562 GD'A METALS 43135 11/16/2017 002572 CINITAS CORPORATION 43136 11116/2017 000571 CODE PUBLISHING COMPANY 11-3565 PAY APP 1 281609 68}6285205 6062875/0 606288898 606290193 606291516 58241 001.032.000.543 001.076305.576 101.000.000.542 1131.000.000.542 SUPPLIES: STORMWATER Total : Total Total : SOFTWARE LICENSE/MAINTENAN' Total : PHONE SERVICE AT CENTERPLAC Total: SUPPLIES: SMOWPLOWS SUPPLIES: SNOWPLOWS 141.042.000.542 TREE TRIMMING 402.402.000.595 Total : Total : 2017 STORMWATER SMALL WORK Total 101.000.000.542 SUPPLIES: SNOWPLOWS 101 042.000.543 101.042.000.543 101.042.0(;?.'343 101.042.003.543 101.042.000.543 001.013.000.513 Total : SERVICES AT MAIET. SHOP CONTI SERVICES AT MAINT. SHOP CONTI SERVICES AT MAINT. SHOP CONTI SERVICES AT MAINT. SHOP CONTI SERVICES AT MAINT. SHOP CONTI Total : ELECTRONIC CODE UPDATE 28,505.54 34,801.53 63,307.07 182.77 152.77 91.41 91.41 641.92 641.92 422E8 422.88 154.27 90.25 244.52 2,448.00 2,448.00 85,732.00 55,732.00 225.$7 225.87 130.60 142.78 130.60 130.60 130.60 665.18 269.28 Page: — 1 whilst 11110/2017 3:36:51PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 43136 1111612017 000571 000571 CODE PUBLISHING COMPANY (Continued) 43137 1111612017 002504 DELL FINANCIAL SERVICES LLC 79236964 43136 11/16/2017 000734 DEPT OF TRANSPORTATION 43139 11/16/2017 002920 DIRECTV INC 43140 11/1612017 003667 ELECTRIC LIGHTWAVE LLC 43141 11/1612017 002157 ELJAY OIL COMPANY 43142 11/16/2017 002930 EQUIPMENT WATCH 43143 11/16/2017 003274 EXCHANGE PUBLISHING LLC 43144 11/1812017 002568 GRANICUS INC 43145 11/16/2017 001723 HEDEEN & CADITZ PLLC Fund/Dept Descriptiart/Account Amount Total: 091.090.040.548 COMPUTER LEASE: 3 YR WORI(S1 Total : RE -313 -ATE 71016040 101.042.000 542 RE -313 -ATB 71016047 101.042.000_542 32768092915 14927560 14993188 REIMBURSE TR.^_FFTI S'FRVICES REIMBURSE ROADWAYeTF A,-r'C Total : 141.042.000.543 CABLE SERVICE FOR MAINTENAN Total : 001.090.000.586 INTERNET SERVICE 041.090.000.586 INTERNET SERVICE Total : 4269017 101.042.000.542 FUEL FOR SNOWPLOWSIMAINTEIN Total : 68215336 4T25#7 473249 473250 473251 473252 001.032.000.543 EQUIPMENT WATCH - ON LINE BLI Total : 001.011.000.511 001.011.000.511 001,013.000.513 001.013.000.513 001.058.056.558 ADVERTISING ADV -_k1 3!N• LEGAL PUBLICATION LEGA'_ PUDLICATION LEGAL PIJL LICAI ION Total 90421 001.011.000.511 MA1NTENANCE FOR SEPTEMBER : Total : 8601 8602 001,013.015.515 001.013.015.515 43146 11116/2017 00251/1 INLAND PACIFIC HOSE & FITTINGS 5689497 1 1 .000 0x.542 572303 1 1 .000.000.542 PROFESSIONAL SERVICES ACCT j PROFESSIONAL SERVICES ACCT Total : 269.28 2,286.44 2,285.44 444 t:P. 3,025.49 12469.55 6224 62.24 235.73 239.27 475.00 162.88 182.85 3,536.99 3,595.99 37.92 36.00 18.75 30.79 53.74 207.20 775.79 775.79 440.00 1,001.00 1,441.00 SUPPLIES: SNOWPLOWS 586.24 SUPPLIES: SNOWPLOWS 178.09 Page: vchlist 11116/2017 3:36:51 PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 43145 1111/2017 002518 INLAND PACIFIC HOSE & FITTINGS 43147 11116/2017 002466 KENWORTH SALES COMPANY 43148 11/16/2017 001944 LANCER LTD 43149 11116/2017 008351 LAW SON PRODUCTS INC 43150 11/18/2017 002259 MENKE JACKSON BEVER LLP 43151 11/16/2017 005037 MERIDIAN CONSTRUCTION INC 43152 11/16/2017 000662 NATL BARRICADE & SIGN CO 43153 11/16/2017 001546 NORCO INC 43154 11/16/2017 002941 NORTHSTAR CLEAN CONCEPTS 43155 11/15/2017 000652 OFFICE DEPOT INC. (Continued) 574677 574813 C21457 S P OI N2570967 SP OI N2572853 0467008 0467025 9305372575 462 PAY APP 18 97351 26465122552 28911 77536569001 P. 7'..:37172401 97.7174118001 97 3 786 74 /0 0 i 973786907001 101.000.000.542 101.000.000.542 101.1200.000,542 101.400.000.542 101.000.000.542 Descrlpti onfAccount Amount SUPPLIES: SNOWPLCWS SUPPLIES: SNOWPLOWS SUPPLIES: SNOWPLOWS SUPPLIES: SNOWPLOWS SUPPLIES: SNOWPLOWS 001.058.057.558 BUSINESS CARDS 001.032-000.543 BUSINESS CARDS 101.000.000.542 001 013.015.515 313.000.215.594 101.042..000 572 101.000.000.542 101.000.000.542 001.032.000.543 001 ,e ? 7.000.543 001.032.000.543 on! r'.:710fl_543 Total Total Total SUPPLIES FOR SNOWPLOWS Total : PROFESSIONAL SERVICES Total : 0215 -CITY HALL CONSTRUCTION { Total : SMALL TOOLS/MINOR EQUIP: STEM Total : SMALL TOOLS/MII40R EQUIPMENT Total : SUPPLIES: SNOWPLOWS Tota! : OFFICE SUPPLIES: PUBLIC WORK BATTERY BACKUP: PW & STORMV OFFICE SUPPLIES: PUBLIC WORK OFFICE SUPPLIES: PUBLIC WORK OFFICE SUPPLIES: PUBLIC WORK OFFICE SUPPLIES: PUBLIC WORK 305.77 15.99 -810.67 267.42 328.57 3.43 332.00 38.09 38.09 76.13 262.80 262.80 6,495.60 6,495.60 83.040.50 83,040.50 979.20 979.20 295-€16 295.66 277.45 277.45 77.01 990.03 36.99 5.43 76,97 9,60 Page: vch l 1st 11/16/2017 3:36:51PM Bank code: apbank Voucher Voucher List Spokane Valley Page: Date Vendor Invoice Fund/Dept 43155 11116/2017 000652 OFFICE DEPOT INC. 43156 111116/2017 005049 PEDERSON. MICHAEL ROY 43157 11/1612017 000675 RAMAX PRINTING & AWARDS INC 43158 11/16/2017 002578 REBUILDING & HARDFACING INC (Continued) 973786908001 9738409350 01 976034351002 977000577001 OCTOBER 2017 30076 59631 43159 1111612017 0(}3543 ROMAINE ELECTRIC CORPORATION 10035632 100356333 43160 11/1612017 005503 SALT DISTRIBUTORS INC, 43161 11/16/2017 004535 SHRED -IT USA LLC 43162 11/16/2017 000230 SPOKANE CO AUDITORS OFFICE 43163 11116/2017 001893 SPOKANE CO CONSERVATION DIST 43164 11/16/2017 000090 SPOKANE CO INFO SYSTEMS 43165 11116/2017 004131 SPOKANE GO SOLID WASTE MGMT 00 I.032.O00 543 nn1 C32.7C11543 001.[0 17.1700.518 001.013.000.513 Description/Account Amount OFFICE SUPPLIES: PUBLIC WORK OFFICE SL-PP'_IES: PUBLIC COMPUTER HA?D11.. IRE NCNCAPi OFFICE S'L:PPLII`S. r'TY !.1GR Total 101.042.000 542 DEAD ANIMAL REMOVAL 001.011.000.511 101.000.000 542 101.000.000.542 101.000.000.542 7721 101.000.000.542 8123471675 001 _(190.00(7.518 OCTOBER 2017 001.456.056.558 Nov 2017 303.303.155.595 5031 66 11 001.011.000.511 20171107-5491-36534 101.042.000.542 NAME TAG Total : Total : CURB GUARD ICE W/ CAST TC EN Total : SUPPLIES: SNOWPLOWS SUPPLIES: SNOWPLOWS Total SALT - ICE KICKER DOCUMENT DESTRUCTION RECORDING FEES 5.92 5.16 51.63 97.85 1,356.59 2,700.00 2,700.00 13.60 13.60 1,380.67 1,380.67 282.83 107.57 390.40 29,472.20 Total : 29,472.20 Total : 156.30 Total : 804.90 156.30 MITIGATION FEES: CIP 0155 SULLI' Total : COUNTY IT SUPPORT OCTOBER 2. Total : 804.00 25,000.00 25,000.00 13,297.78 13,297.75 TRANSFER STATION CHARGES: P\ 30.00 TtrtI: 30.00 Page: von] ist 11116/2017 3:36:51PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 43166 11116/2017 001993 SPOKANE TRAFFIC CONTROL 1NC 43167 11{16/2017 004099 SPOKANE VALLEY ACE HARDWARE 43158 11116/2017 000335 TIRE-RAMA 43169 11116/2017 001660 TITAN TRUCK EQUIP CO INC 43170 11116/2017 005732 TNT TRUCK PARTS 2911 2912 2931 23673 23710 23762 8040080488 1188864 S35930 S36034 43171 11/16/2017 002597 TWISTED PAIR ENTERPRISES LLC 10242017 10312017 43172 11/16/2017 000140 WALT'S MAILING SERVICE LTD 43173 11118/2017 002556 WEATHERNET LLC 43174 11/16/2017 002363 WESTERN STATES EQUIPMENT CC 4317E 11116/2017 002651 WOODARD, ARNE 58417 2017-11553 INnC,Tz !351 r EXPENSES FundlDept 101.042.000.542 101.043.000.542 101.0.0:3.000.542 101,042_000.542 10 1.042.00 0.542 101.042.000542 101.000.000.542 101.00 U.00U .542 101.000.000.542 101.000.000.542 401.011.000.511 001.411.000.511 001,018.013.513 101.000.000.542 101.000.000.542 101.000.000.542 101, 000.000.542 001,011.000511 Description/Account Amount TRAFFIC CONTROI TRAFFIC CONTRL TRAFFIC CONT=CL Total: SMALLTOLA_S/oNOR STR SMALL TCUL6.MINOR EC.,LI;PMFN1 SMALL TOOLS/MINOR EQUIPMEN1 Total : TIRE-RAMA- TIRES 1 TIRE SUPPLI SUPPLIES: SNOWPLOWS SUPPLIES: SNOWPLOWS SUPPLIES: SNOWPLOWS 151.50 510.25 485.50 1,147.25 18.03 110.14 42.90 171.16 2,171.01 Total : 2,171.01 Total : Total : RECORDING TVW WA STATE SENT BROADCASTING COUNCIL MTGS Total : POSTAGE SERVICES Total WEATHER FORCASTING SERVICE Total: SUPPLIES: SNOWPLOWS SUPPLIES: SNOWPLOWS SUPPLIES SNOWPLOWS Total EXPENSE REIMBURSEMENT Total : 68.65 68.65 137.09 129.47 266.56 352.00 1,210.00 1,562.00 5,454.18 5,454.18 1,750.00 1,750,00 -214.14 229.55 225.46 240.87 129.06 126.06 Page: vehlist /111612017 3:36:51PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 'Fund/Dept Description/Account Amount 50 Vouchers for bank code : apbank 50 Vouchers in this report 1, the undersigned, do certify under penaIVy of perjury, that the materials have been furnished, the serviG s rendered, or the Tabor performed as described herein and that, t!:e C'c'?l i$ iu$t. this are 2n imDald gbliu"i_: crawl the f.:; } '71'!ey. and that ani i.i.A c ; e1.1 t auttlentico:e sid Cc,lify said Maim. Finance Director Date Council member reviewed: Mayor Date Ooundil Member Date Bank total : 355,236.08 Total vouchers : 355,236.08 Page:: �~ vclhlist 11)21/2017 8:14:44AM Voucher List Page: 1` Spokane Va[Iey Bank code : pk-ref Voucher Date Vendor Invoice Fund/Dept DescriptioniAccount Amount 7491 11121/2017 005387 BUIL DING OHANA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: ROOM 216 52.00 Total : 62.00 7492 1112112017 005446 CHESTER COMMUNITY CHURCH PARKS REFUND 001237,10.99 DEPOSIT REFUND: GREAT ROOM 457.00 Total : 457.00 7493 1112112017 006383 GANN 0N, PHILLIP PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREAT ROOM 210.00 Total : 210.00 7494 11121/2017 008384 JONES. MARK PARKS REFUND 001,237.10.99 DEPOSIT REFUND: FIRESIDE LOUT 441.00 Total : 441.00 7495 11121/2017 006378 JW WEBB PROFESSSIONAL REALTY PARKS REFUND 001237.10.99 DEPOSIT REFUND: FIRESIDE LOUr 210.00 Total: 210.00 7496 1//2112017 006385 KONZAL, KRYSTAL PARKS REFUND 001,237.10.99 DEPOSIT REFUND: ROOM 110 52.00 Total : 52.00 7497 11121/2017 006386 MILLER, SKY PARKS REFUND 001,237.10.99 DEPOSIT REFUND: ROOM 213 52.00 Total : 52.00 7498 11121/2017 006388 SAETRE, SABRINA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: ROOM 114 52.00 Total: 52.00 7499 11/21/2017 006389 SELANDER, JESSICA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREAT ROOM 500.00 Total: 500.00 9 Vouchers for bank code ply -ref Bank total : 2,026.00 9 Vouchers in this report Total vouchers : 2,026.00 vchlist 11121/2017 2:36:36PM Voucher List Spokane Valley Page: Bank code : aptnk, Voucher Date Vendor Invoice 43176 11/21/2017 000135 APA 43177 11/21/2017 005268 ATLAS ADVERTISING LLC 43178 11/21/2017 004869 EVCO SOUND & ELECTRONICS 43179 11/2112017 003274 EXCHANGE PUBLISHING LLC 43180 11121/20117 001447 FREE PRESS PUBLISHING INC 43181 43182 43183 43184 11/2112017 000179 GFOA 11121/2017 002043 HDR ENGINEERING INC 11121/2017 000012 JOURNAL OF BUSINESS 101794-17101 202975-17101 1487 29925 29960 473989 4739'00 47:1991 473992 47854 47955 47959 47960 47993 47994 47995 01568608 1200083723 71117 11/21/2017 004850 NAVIABENEFIT SOLUTIONS, HRA PLAN 10110102 Fundffept 001.143.70.00 001.1 43.70.00 001.058.051.558 107.000.246.594 001.018.016.518 001.013.000.513 001.058.056.558 001,055.056.558 001 058056.558 001.011.000.511 001.013,000.513 001 013,000.513 001,058.056.558 001.058.056.556 001,058.056_558 001.058.056.558 001.143.70.00 001.090.000.513 001.143.70.00 Des cri ptionlAocount Amount MEMBERSHIP 2018: L BARLOW MEMBERSHIP 2018: C8V ADVERTISING PEG FUND - 0246 ACCESS CARDS LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION ADVERTISING LEGAL PULB`_IC4PON LEGAL P';R'_I';;r'=.TION LEGAL FLIP'. laATION LEGAL FL BLI :AT1ON LEGAL PULB'_ICATION LEGAL PUBLICATION Total: Total ; Total : Total Total GAAFR REVIEW NEWSLETTER 20' Total : PROFESSIONAL SERVICES 2015 R HIGGI1S Total Total : 001.018.016.518 FLEX SPENDING ADMINISTRATION 431.00 505.00 936.00 2,000.00 2,00D.00 68,660,00 829.40 69,489.40 37.13 56.09 79.00 63.99 236.21 81,60 40.00 42.50 95.20 68.00 89.25 73.95 490.50 517.0E-1 50.00 19.242.11 19,242.11 39.95 39.95 344.00 Page; �1• vchl ist 11121;2017 2:36:36PM Voucher List SpDkanc Valley Page: Bank code : apbank Voucher Date Vendor Invoice 43184 11/21/2017 004850 004850 NAVA BENEFIT SOLUTIONS, HRA P {Continued} 43185 11/21/2017 003090 NORTH 40 OUTFITTERS 07985413 43186 11/21/2317 000652 [OFFICE DEPOT INC. 978214119001 9782147920011 978353459001 43187 11/21/2017 000675 RAMAXPRINTINGi &AWARDS INC 30100 43183 11/21/2017 002016 RQADW1SE INC 431139 11/21/2017 001903 SPOKANE TRAFFIC CONTROL INC 43190 11/21/20`17 000065 STAPLES AU AN I Af O 43191 11/21/2017 000257 STATE AUDITOR'S OFFICE 43192 11/21/2017 002291 WACE 43193 11/21/2017 003171 WESTERN TRAILERS 43194 1112//2017 002497 WILBEITPRECAST INC 56E89 56890 55891 56927 56928 56929 2946 3357792688 L1225S53 20181v1embership 112345L 1071451 Fund/Dept 001,058.057 558 001.018.013.513 001.018.013.513 001_01 3.000.513 001.0 11.000.511 101.000.000.542 101,000 .000,542 101.000.000.542 101.000.000.542 101.000.000.54Z 101.000.000.542 101.042.000.542 001.013.015.515 001.090.000.514 001,143.70.00 101.000.000.542 001 058.055.558 Description/Account Amount REPAIR SUPPLIES: CD 7o taI : Total OFFICE SUPPLIES: OPS!ADMIN OFFICE SUPPLIES: OPS ADMIN OFFICE SUPPLIES: CITY CLERK Total : PLAQUES & NAME TAGS Tata! LIQUID FREEZGARD CI PLUS LIQUID FREEZGARD CI PLUS LIQUID PT^7f=ARD CI PLUS LIQUID FRG= ,rC CI PLUS LIQUID F.REEZGARD CI PLUS LIQUID FREEZGARD CI PLUS TRAFFIC CONTROL OFFICE SUPPLIES: LEGAL SAO AUDIT OF 2016 Total : Total Total : Total 2016 MEMBERSHIP: N. MONTANO Total ; SUPPLIES: SNOWPLOWS PROFESSIONAL SERVICES Total 344.00 13.05 13.05 17.01 22.03 41.32 80.36 334.24 334.24 6,159.67 6,074.34 6,159.57 6,143,67 6,141.90 6.158.12 36,835.37 624.50 624.50 306.77 306.77 24.664.29 24,664.29 40.00 40.00 51,16 51.16 1,442.69 Page: vchlist 1112112017 2:36:36PM r", Voucher List Page]— Spokane Valley Bank code- Rphank Voucher Date Vendor Invoice FundWOept Des criptioniAc unt Amount 43194 11/2112017 002497 402497 WILBERT PRECAST INC (Continued) Total : 1,442,69 19 Vouchers for bank code : apbank Rank total : 157,220.60 19 Vouchers in this report Total vouchers : 157,220.63 1, the undersigned, do certify under penalty of perjury, that the moterialg have been furnished, the services rendered, or the labor pertcrmed as described herein and that the clai .s . . c_e and a -r u1ipaid obligation against the C'ty c= Spokane Valley, and that 1 am authorized to au4',r :ivsste and certify said claim. Finance Director Date Council member reviewed! Mayor Date Council Member Date Page: vchlist Voucher List Page- 1112212017 7:54:52AM Spokane Valley Bank coda : 8pbEnk Voucher Die Vendor Invoice Fund/Dept DescriptioniAccount Amount 11/2,1}12017 002227IL}AHO1AXCOMM[SSON Ien770)4 VJ1.231.5G.03 IDAHO STA FETAX BASE: PAYMENT 2,060.76 Total ; 21090.76 0110 11/20/2017 050049 VANTAGE TRANSFER AGENTS, 401A PLAN Ben77006 001.231.14.00 401A: PAYMENT 30,202.34 Total : 30,262.34 6117 11)20/2017 000682 EFTPS Beri77008 001.231.11.00 FECERALTAXES. PAYMENT 35,071.05 Total : 35,071.06 6119 11(20/2017 000145 VANTAGEPOINT TRANSFER AGENTS. 457 PL/ Ben77010 001.231.18.04 457 DEFERRED COMPENSATION: PAYI 7,558.87 Total : 7,1158.67 6121 11120/2017 000182 VANTAGE TRANSFER AGENTS, 401A EXEC P1 Ben77012 001231.14.00 401 EXEC PUN: PAYMENT 637.50 Total : 637.50 3206195 11/20(2017 000210 CITY SCF SPOKANE VALLEY Ben77002 001.231.28.00 HEALTH REIMBURSEMENT ACCOUNT 2.000 00 Total : 2,000.44 6 Vouchers for hank code: apbgnk Bank total = 77,120.52 6 Vouchers in this report Total vouchers : 77,120.32 Page 1 vchlist 11/2212017 9:19:53AM Voucher List Spokane Valley Pa}e: Bank code apbarik Voucher Date Vendor Invoice 43195 1112212017 001081 ALSCO 43196 11122/2017 004046 AMERICAN ONSITE SERVICES 43197 11122/2017 003076 AMSDEN, ERICA 43198 111/2212017 006390 ANDERSON'S HEATING & PLUMBING 93199 11/22/2017 003213 ARAMARK UNIFORM SERVICES 43200 1//2212017 000334 ARGUS JANITORIAL LLC 43201 11/2212017 000030 AVISTA 43202 11/22/2017 000918 BLUE RIBBON LINEN SUPPLY INC 43203 11122/2017 001188 DANIELSON. TOM 43204 11/2212017 005505 EMERALD SERVICES INC 43205 11/22/2017 006391 HEINEMANN CONSTRUCTION LLC 43206 11122/2017 004926 LE CATERING CO LSPO1966682 LSPO1973921 A-231615 A234465 A-235772 Expenses BLDG -2017-3005 1990429E16 I NV 01678 Oct 2017 50177152 Expenses 748472662 ADE -2017-0007 E00380 Fund/Dept 001.016.016.521 001.016.016.521 402.402.000.531 402.432.000.531 402.402.000.531 001.032.000.543 001.053.059.322 001.076.305.575 001.016.016.521 001.078.300.578 001.076.305.575 101.042.000.542 101.000.000.542 001.058.058.345 001.076.305.575 Des rription fAcco unt Anic unt FLOOR MAT SERVICE FOR PREC1l' FLOOR MAT SERVICE FOR PRECII' Total : PORTABLE RESTROOMS FOR STO PORTABLE RESTROOMS FOR STO PORTABLE RESTROOMS FOR STO Total : EXPENSE REIMBURSEMENT Total : PERMIT REFUND: BLD -2017-3005 Total : SUPPLIES FOR CENTERPLACE Total JANITORIAL SERVICE: PRECINCT Total : UTILITIES: PARKS MASTER AVISTA Total : LINEN SERVICE AND SUPPLYATC Total : EXPENSE REIMBURSEMENT Total : RECYCLING FOR MAINT SHOP Total : PLANNING REFUND ADE -2017-000 Total : E00380: INLAND EMPIRE GARDENI 24.12 24.12 4824 65.00 66.00 23.22 153.22 36.38 36.38 67.00 67.00 414,75 414.75 2,616.62 2,616.62 8,822.41 5,622.41 32.75 32.75 36.70 36.70 129.47 129.47 315.00 315.00 204.48 Page: vohlist 11/22/2017 0:19::53AM Voucher List Spokane Valley Page: Bank code: apbank Voucher Date Vendor Invoice 43206 11/22/2017 00926 LE CATERING CO 43207 11/22/2017 004786 MR ROOTER PLUMBING (Continued) E00381 BLD -2017-2209 43208 11122/2017 00070g SENSKE LAWN & TREE CARE INC. 8165334 8165390 43209 11/22/2017 000324 SPOKANE CO WATER DIST #3 432W 11/2212017 000898 SPOKANE PROCARE INC 43211 11/22/2017 001969 SUNSHINE DISPOSAL Nov 2017 595338 1225370 43212 11/22/2017 001206 SWANS N'S RFFRIGERATION &, RESTA 149249 1499681 43213 11/22/2017 091472 TESTAMERICA LABORATORIES 43214 11122/2017 000167 VERA WATER & POWER 43215 11/22/2017 006392 WALKER, El3 59107520 005422-019 005422-021 BLD -2017-2063 43216 11/22/2017 000038 WASTE MANAGEMENT OF SPOKANE 0066580-1518-2 0569428.2681-1 0571130-2681-9 Fund/Dept 001.076.305.675 001.058.059, 322 402.402.000, 531 402.402.000.531 402.402.000.531 402.402.000.531 101_042_000_542 001.076.305.575 001.076.305.575 001.076.300.576 402.402.000.531 101.042.000.542 001,068.059_322 402.402.000.531 402.402.000.531 001..033.000.518 Dos cri ptionlAccount Amount E00381: KAISER Total : PERMIT REFUND BLD -2017-2209 Total : ROADSIDE 1 ANDSCAPING SVC: 01 FLAGGING SVC CONTRACTOCT Total : WATER CHARGES FOR NOV 2017 Total : 2017 ROADSIDE WEED SPRAYING Total : TRANSFER STATION: PW Total : WORK ORDER FOR OVEN AND GR WORK ORDER FOR OVEN AT CEN' Total : J7425-1 MONTHLY -DRINKING WATT Total FINAL BILLING ON ACCOUNT 0054: FINAL BULLING ON ACCOUNT 054Z Tota! PERMIT REFUND BLD -2017-2963 Total WASTE MGMT : VACTDRING '.n.ra.S i WASTE MGMT: MA1NT SHOP :D T WASTE MGMT: CITY HALL OCT 259.43 463.91 43.00 43.00 6,527.33 530.94 7,058.27 79.48 79.48 2,813.00 2,813,00 353,94 353.94 754.18 546.24 1,30 0.42 25.50 28.50 10.17 15.52 31.69 55.00 55.00 3,264.65 175.12 344.18 Page: vchlist. 11/22/2017 9:19:53AM Voucher List Spokane Vaiiey Page: Bank code apbank Voucher Date Vendor Invoice Fund/Dept Des eriptionJAccaunt Amount 43216 11122/2017 000038 ODD038 WASTE MANAGEMENT OF SPOKAN (Continued) Total : 3,753.95 43217 11!22.2017 000066 WCP SOLUTIONS 23 Vouchers For bank code _ epbank 23 Vouchers in this report 1, the undersigned, do certify under penalty of petfury, that the materials have been furnished, the services rendered. or the labor performed as described herein aid that. ts1E c!airr is lust. ritie and an Urpaic nhi: <9l -u:, aoinst ire. Cit} of Sfo1<ane ye!'ey, and that I a ! vu!'}vrized iu au6iler.ricate ar.o csrriti said Finance Director Date Council member reviewed: Mayor Date Council Member Date 10376558 001.076.305.575 SUPPLIES FOR CENTERP€ACE 844_7P Total : 844.79 Bank total : 29,328.49 Total vouchers 29,328.49 vchlist 11/2912017 1:44:37PM Voucher List Page: Spokane Valley Bank code : pk-ref Voucher Date Vendor Invoice FundlDept Description1Account Amount 7500 11129/2017 005440 JOSIE FRIsfER SCHOLARSHIP FUND PARKS REFUND} 001,237.10.99 REISSUE DEPOSIT REFUND: GRE, 210.00 Total ; 210.00 7501 11/29/2017 004841 LP BUILDING PRODUCTS PARKS REFUND 001.237.10.99 REISSUE CEPOSIT REFUr D:EXEC 52.00 Total : 52.00 7502 11129/2017 005102 PEOPLE 10 PEOPLE PARKS REFUND 001.237.10,09 REPSSUE DEPOSIT REFUND: AUDI- 52.00 Total : S2,00 7503 11129/2017 002345 SPOKANE IvIOIJNTAINEERS REFUND 001237.10.99 REISSUE DEPOSIT REFUND GREA 210.00 Total : 210.00 7504 11129/2017 004939 WHALEN, KIM PARKS REFUND 001.237.1020 REISSUE DEPOSIT REFUND: MEE' 52.00 Total : 52.00 7505 11/29/2017 005925 WILLIAMS, JULIE PARKS REFUND 001,237.10.99 REISSUE DEPOSIT REFUND' ROOT 52.00 Total : 52.00 6 Vouchers for bank code ; pk,ref 6 Vouchers 11 this report Bank total : 628.00 Total vouchers : 628.00 Page. vchlist 11129/2017 2:44151DM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Descriptio Account Amount 43218 11/29/2017 006393 AL'S AUTO GLASS LLC 43219 11/29/2017 000444 ARCTIC LIG-1TING & ELECTRIC 43220 11/29/2017 004231 BELSBY ENGINEERING 43221 11/29/2017 001816 BENTHIN &ASSOCIATES 43222 11129/2017 000168 BLACK BOX NETWORK SVC 43223 11129/2017 000673 BUDGET ARBOR & LOGGING LLC 43224 11/2912017 000798 BUDINGER & ASSOCIATES INC 43225 11/29/2017 000322 CENTURYLINK 1101-2017 718-1 718-2 17337 17340 2777 SPO -153864 11-3521 M17423-3 NOVEMBER 2017 43226 11/29/2017 000603 CONTRACT DESIGN ASSOCIATES INC 41603 43227 11/29/2017 002604 DELL FINANCIAL SERVICES LLC 43228 11/29/2017 000734 DEPT OFTRANSPORTATION 43229 11/29/2017 003682 EPIC LAND SOLUTIONS INC 792552.91 101.000.000.542 313.000.215.594 317.000.215.594 303.000.265 595 001 .05a.055 558 303.000,751.595 001.090.000 518 101.042.000.542 311.0 00.240.595 001.076.000.578 313,000.215-594 001.090.000.548 PROGRESS BILL 20 303,303.167.333 1017-4614 1017-0644 303.303.123.595 303.303,166 695 WINDSHIELDS FOR 208, 206, 211, Total : FURNITURE CONNECTON 0215 -STATUE LIGHTING Total : 0265 -TOPOGRAPHIC SURVEY PROFESSIONAL SERVICES Total : 0251 -SURVEYING SERVICES IT SUPPORT TREE TRIMMING 0240 -MATERIALS TESTING Total : Total : Total : Total : 2017 PHONE SVCS: ACCT 509 Z14- Total CITY HALL FURNITURE Total COMPUTER LEASE: 001.8922117-0 Total : CIP 0167 0123 -RW SERVICES 0166 -RW SERVICES Total 500.00 500.00 4,739.33 11,462.40 16,201,73 7,150.73 1,677.50 8,828.23 2,411.25 2,411.25 59.30 59.30 12,403.20 12.403.20 452.89 452.89 537.79 537.79 448,931.65 448,931.65 1,050.24 1,050.24 2,621,50 2,021.50 3,450.06 849.40 Page: vchl;st 11129/2017 2:44:15PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor InvoicE 43229 11/29/2017 003652 003662 EPIC LAND SOLUTIONS INC (Cor1tinued) 43230 11/29/2017 003274 EXCHANGE PUBLISHING LLC 473253 43231 11/29/2017 003261 FEHR & PEERS 43232 11/29/2017 001447 FREE PRESS PUBLISHING INC 43233 11/2912017 000179 GFOA 43234 11/29/21717 002588 GRANIC!JS INC 43235 11/29/2017 002043 HDR ENGINEERING INC 43236 11/29/2017 C05353 INTERMOUNTAIN MATERIALS 43237 11/29/2017 000636 MOORE IACOFANC GOLTSMAN, 43238 11/29/2017 000652 OFFICE DEPOT INC. 118370 48011 48012 48013 48014 48015 0131582 90422 12C0081 88188 0050983 FundiDept 309.000.237, 595 314.000.143 595 001.058.056.558 001.011000.513 001.058.056 558 001.013,000.513 001.013.000.513 001.143.70.00 001.011.000.511 04 314.000.223.595 303.000.255.595 309.000.227.595 977912396001 980758310001 980758702001 43239 11/29/2017 000307 OFFICE OF THE STATE TREASURER OCTOBER 2017 001.076.305.575 001.013,000.513 001.013.000.513 001.018.000.589 DescriptionfAccount Amount LEGAL PUBLICATION 0143 -TRAFFIC ANALYSIS LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total : 4,309.46 Total : 53.72 7,238.40 Total : 7,235.40 53.72 Total : 2018 DUES: TAYLOR, DUFFEY, L10I Total : MAINTENANCE FOR OCTOBER 20' Total : 0223 -PROJECT DEVELOPMENT Total : Total ; Total : 0250 -MATERIALS TESTING PROFESSIONAL SERVICES OFFICE SUPPLIES: CENTERPLACE OFFICE SUPPLIES: EXECUTIVE OFFICE SUPPLIES; EXECUTIVE Total : STATE REMITTANCE Total 73.95 25.00 92.85 29.75 33.15 254.50 640.00 840.00 775.79 775.79 41.918.26 41,918 26 550.00 590.00 1.651,69 1,6 1.69 261.08 41.44 40,97 343.49 37, 338.12 37, 338.12 vchlSt 11/29/2017 2:44:15PM Voucher List Spokane Valley Page: Rank code: aphank Voucher Date Vendor Invoice 43240 11/29/2017 005050 OGDEN MURPHY WALLACE PLLC 43241 11129/2017 002193 CSCENDTECHNOLOGES INC 43242 11/29/2017 002288 SARGENT ENGINEERS INC. 43243 11/29/2017 001592 SKILLINiGS CONNOLLY INC 43244 11/29/2017 000308 SPOKANE CO PROSECUTING ATTY 43245 11/29/2017 000658 SPOKANE CO SUPERIOR COURT 43246 11/29/2017 000001 SPOKANE CQTREASURER 43247 11129/2017 000093 SPOKESMAN -REVIEW, THE 43248 11/29/2017 000065 STAPLES ADVANTAGE 43249 11/29/2017 004740 THOMSON REUTERS -WEST 43250 11129/2017 000140 WAIT'S MAILING SERVICE LTD 304802 8687 31333 31370 10787 OCTOBER 2017 3550.318 1100950 51504049 48641; 3357792691 3357792694 3357792707 3357792724 3357792731 37121970 Fund/Dept 001.013.015.515 001.143.70.00 101.042.000.542 101.042.000.542 303.00 0.259.595 001.018.000.589 001.013,015 515 303.000.251.595 001.015.000.523 001.013.000.513 001.058.057.558 001.058.057.558 001.058.057.558 001.058.057.558 001.076.305.575 001.013.315.515 Description/Account Amount PROFESSIONAL SERVICES Total ; SOFTWARE MAINTENANCE & SUP Total : PROFESSIONAL SERVICES PROFESSIONAL SERVICES Total 0259 -ROW SVCS Total : CRIME VICTIMS COMPENSATION F Total : FILE COMPLAINT Total : CLP 0251- INSPECTION FEES 1 1OU NO'. E'+.iRJ R 2017 HOUSING Total ADVERTISING ACCT 42365 Total : OFFICE SUPPLIES: CDM1v1_ DEV. OFFICE SUPPLIES: COMM_ DEV. OFFICE SI.JPPL IES- COh.1!.i, DEV.. OFFICE SuPP`.IES_ COhil.•i DEV. OFFICE SU PLIES GENTE`iPLACE Total ; SUBSCRIPTION! CHARGES 57891 001.013.000.513 POSTAGE SERVICES 58247 303.303.123.595 POSTAGE SERVICES Total 101.50 101.50 9.741.08 9,741.08 8,732.27 2.488.89 11,221.16 1,053.81 1,053.81 565.27 565.27 240.00 240.00 9,164.55 138,555.55 117,720.10 538.52 538.52 172.44 43.99 567, 04 109,63 132.71 1,025.81 797,69 707.59 288.65 504.46 Page: vchlist 1112912017 2:44:15PM Voucher List Spokane Valley Page: 6212 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept DescriptionfAccount Amount 43250 11/2912017 000140 000140 WALT`S MAILING SERVICE LTD (Continued} Total : 793.11 43251 11129/2017 001855 7AYO GROUP LLC NOVEMBER 2017 001.090.000,518 INTERNET SERVICE 621.64 NOVEMBER 2017 001 0g0.000.518 DARK FIBER 253.25 Total : 874.09 34 Vouchers for bank cads : apbarik Bank total : 733,764.15 34 Vouchers in this report Total vouchers ! 733,764.15 1, the undersigned, do certify undo- penally of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the Bairn is just, due and an unpaid obligation against the City of Spokane Valley, and that am authorized to authenticate and certify said claim. Finance Director fate Council member reviewed_ Mayor Date Courroir Member pate Page. }k� vchlist 1210112017 1:10:08'M Voucher Llst Spokane Valley Page: Bank code : apbarlk Voucher Date Vender Invoice Fund/Dept Description/Account Amount 43252 12/112017 001606 BANNER BANK 8599 Nov 2017 001.0 [6 .305.575 VIP PRODUCTIONS 72.68 8599 Nov 2017 001.0 .05 .?.05.575 BEST BUY 23.92 8599 Nov 2017 001.07E:. 305.575 BEST BUY 23.92 8599 Nov 2017 001 0 fo.:�,'5,505 FLAG STORE 158.353 8599 Nov 2017 001.0 +'0.000,576 EVENTERITE 199.00 8599 Nov 2017 001.076.305.575 WEBSTAURANT STORE.COM 1,180.64 8599 Nov 2017 O01.016_016 521 GTS INTERIOR SUPPLY 237.38 Total : 1,895.90 43253 12/1/2017 001600 BANNER BANK 9713 Nov 2017 col 058 055 55,8 VARIDESK 550.00 9713 Nov 2017 0 :.r',• h_0:.-](-4.'-,68 LA PLAZA DE MEXICO 50.63 9713 Nov 2017 001.058.057.558 ULINE SHIP SUPPLIES 376.03 9713 Nov 2017 001.090.000.513 GOLD SEAL PLUMBING 171.97 9113 Nov 2017 001.033.000 518 EDGE CONSTRUCTION 41_34 9(13 I v 2017 001.033.5}00.518 Alvl HARDWARE 97.92 9713 N .2{517 001.058.055.558 ERGO EXPERTS 109.95 9713 Nov 2017 001.058,057 558 ULINE SHIT' SUPPLIES 69.53 9713 Nov 2017 001.055.056.558 AMAZON.COM 8.98 9713 Nwv2017 001.058.055.555 ASCE 270.00 9713 N3,22017 001.058,057.555 HOME DEPOT 154.04 9713 Nov 2017 001.055057.558 OFFICE DEPOT 44A9 9713 Nov 2017 001.058.050.558 CREDIT . INN AT SEASIDE PREVIO= -0.44 9713 Nov 207 001.058.057.558 AMAZON.COM 29.20 Total : 1,973.65 43254 12/1/2017 001506 BANNER BANK 8573 Nov 2017 001.090 000.519 UNCLE SAMS FLAG AND GIFT 380.80 8573 Nov 2017 001, 032.000.543 AMAZON,COM 67.85 8573 Nov 2017 001.058.051.558 AMAZON.COM 36.18 8573 Nov 2017 001.0 01.000.518 AMAZON.COM 55.00 8573 Nov 2017 001 .1,';F:a.Dfi t.558 GREATER SROKANE VALLEY C HAI 135.00 Total : 674.83 43255 12/1/2017 001608 BANNER BANK 5214 Nov 2017 5214 Nov 2017 101.042.000.542 FAIRFIELD INN 210_S4 001.013.000,513 HU I EL tv1U'REENO 134.30 vchlist 12101/2017 1:1 0:08PM Voucher List Spokane Valley Page: Bank code: al. hank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 43255 12/112017 Q01(06 001806 BANNER BANK (Continued] Total ; 345,14 4325E 1211/2017 001606 BANNER BANK 8565 Nov 2017 107.00C .7.05.55I4 APPLE ONLINE STORE 108.09 8555 Nov 2017 001,0.5." 13.513 WALMART 30.44 8585 Nov 2017 001.033.000.518 GRAINGER 75,88 8565 Nov 2017 001 033:000.518 GRAINGER 151.78 8565 Nov 2017 001.0`x'.016.518 AMAZON,COM 55.56 8565 Nov 2017 001.T:8.3115_518 NPELRA 200.00 8565 Nov 2017 001.01 S,01ii5l 8 ASSOCIATION OF WA CITIES 25.00 8565 Nov 2017 001.1]58.051.55a GREATER SPOKANE INC 100.00 8665 Nov 2017 001.01 8.31 6.518 ROSAUERS 14.11 8565 Nov 2017 001.021:;,000_518 ROSAUERS 11.29 Total: 772.15 43267 12/1/2017 00160E BANNER BANK 8557 Nov 2017 001.011,000511 GREATER SPOKANE INC 20.00 8557 Nov 2017 001.0i1.(0.511 AWG 50.00 8557 Nov 2017 001 O1 _'::f:::::.511 i2,TATE,7 F;a( 1<ANI- 'NC 20.00 8557 Nov 2017 0.01.'. .!7'.(.": °iii,:..y.% r<_. 13.05 8557 Nov 2017 Df 1 :3i?` .. 511 J:'..1'.1',r v = 80.55 Total : 183.62 6 Vouchers for Dank cede : apbarik Bank total : 5,645.29 6 Vouchers in this report Total vouchers : 5,845.29 Page. 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2017 Department Director Approval : Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending November 15, 2017 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Budget/Financial impacts: Employees Total Gross: $ 271,391.34 $ 271,391.34 Benefits: $ 101,560.93 $ 101,560.93 Total payroll $ 372,952.27 $ 372,952.27 RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2017 Department Director Approval : Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending November 30, 2017 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Budget/Financial impacts: Employees Council Total Gross: $ 269,686.03 $ 5,475.00 $ 275,161.03 Benefits: $ 117,015.97 $ 9,954.65 $ 126,970.62 Total payroll $ 386,702.00 $ 15,429.65 $ 402,131.65 RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, November 14, 2017 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Rod Higgins, Mayor Arne Woodard, Deputy Mayor Caleb Collier, Councilmember Pam Haley, Councilmember Mike Munch, Councilmember Ed Pace, Councilmember Sam Wood, Councilmember Staff Mark Calhoun, City Manager John Hohman, Deputy City Manager Cary Driskell, City Attorney Chelsie Taylor, Finance Director Mike Stone, Parks & Recreation Director Erik Lamb, Deputy City Attorney Lori Barlow, Senior Planner Bill Helbig, City Engineer Christine Bainbridge, City Clerk INVOCATION: Pastor Sid Johnson of Spokane Valley Baptist Church gave the invocation. PLEDGE OF ALLEGIANCE Council, staff, and members of the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmembers Munch, Pace and Collier had no report. Councilmember Haley mentioned she attended several STA (Spokane Transit Authority) board meetings, mostly in executive session and they have a tentative agreement with the drivers. Councilmember Wood said he attended the ribbon cutting for European Wax. Deputy Mayor Woodard said he attended the Senior Citizens' annual meeting at CenterPlace; that he conducted private tours of City Hall to several people; went to the Chamber's Government Affairs Committee meeting, and went to meeting about the company Amazon. MAYOR'S REPORT Mayor Higgins reported that he attended the Clean Air Committee meeting where they discussed the number of days this summer which were in the unsafe zone, and that they are now working on regulations for "pot" growing, which he said is very contentious; said he attended the NE Mayor's Association meeting; went to a fundraiser for the Valley Museum; attended the North Corridor Advisory Committee and said things seems to be moving well but at the current pace, it will be a long time before we see results on our end of town; went to the GSI (Greater Spokane, Inc.) economic forecast for the region, which he said is a rosy forecast; said he also attended several other meetings such as the WSDOT (Washington State Department of Transportation) project development meeting/workshop. PROCLAMATION n/a Minutes Regular Council Meeting: 11-14-2017 Page 1 of 8 Approved by Council: DRAFT PUBLIC COMMENTS: Mayor Higgins explained the process, and then invited public comment. Ms. Jan Young, Spokane Valley: said she is a speech language pathologist and has worked with children for eighteen years; she spoke of unvaccinated kids in the context of the past mumps outbreak; said vaccinations re recommended to reduce the likelihood of people as a carrier to others who cannot be vaccinated for medical reasons; said sometimes people are infected before symptoms appear; that the Center for Disease Control reported that some diseases, like measles, are highly contagious; said she is a strong supporter for keeping unvaccinated kids home during an outbreak. Mr. John Harding, Spokane Valley: asked what is the obligation of a school district to make sure children not attending school due to being unvaccinated, are current in their curriculum; said he would like someone from the school district to reply. Mr. Rob Humphrey, Spokane Valley: spoke of his concern with snow removal and being imposed upon for removing the snow from sidewalks; said he lives on a main road and if there were a three-inch snowfall, he would be removing large amounts of snow as the plows could run three to four times a day up and down that road; said it is not fair; that everyone in the area uses these roads and some areas only get plowed maybe twice a year, but his area gets plowed whenever there is snow on the road. Ms. Bobby Nicole Spencer, Spokane Valley: said she understands there are different opinions regarding vaccinations; but if you impinge on the rights of one you impinge on the rights of others; said people should be left alone to live their lives; that people keep changing things; the military wants to kick some people out; said defenses are being taken away and people are scared not knowing what to expect. 1. PUBLIC HEARING: Proposed 2018 Budget, Final Hearing - Chelsie Taylor Mayor Higgins opened the public hearing at 6:22 p.m. and invited Finance Director Taylor to speak. After Director Taylor explained the background of the 2018 budget, as noted on her November 14, 2017 Request for Council Action form, Mayor Higgins invited public comment. Ms. Peggy Doering spoke concerning the tourism facility fund 104; said it was started by vote of the TPA (Tourism and Planning) in 2015, and approved by Council and has about $1.1 million for tourism related facilities; said it has not gone to the voting citizens about the management and ownership of such a facility; she referenced a 2015 meeting and letter expressing concerns on tax collection on a plan that hadn't been put forth; said she has concerns this fund will continue to grow without a plan; said the LTAC met October 19 where the director of the HUB spoke about his facility and of the need for outdoor fields; said she would like an exploratory committee formed to outline the needs and goals; she mentioned citizens needs to start realizing how a plan can be fulfilled; and said land acquisition should be moved higher on the agenda. Mr. Rocky Samson, Spokane Valley: said he appreciates Council keeping the budget as low as they have, and appreciates their work. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of claim vouchers on Nov 14, 2017 Request for Council Action Form, Total: $3,485,678.09 b. Approval of Payroll for Pay Period Ending October 31, 2017: $404,851.50 c. Approval of October 17, 2017 Council Meeting Minutes, Study Session d. Approval of October 24, 2017 Council Meeting Minutes, Formal Format e. Approval of October 31, 2017 Council Meeting Minutes, Study Session It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. Minutes Regular Council Meeting: 11-14-2017 Page 2 of 8 Approved by Council: DRAFT NEW BUSINESS: 3. Second Reading Ordinance 17-013 amending 2017 Budget — Chelsie Taylor After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance 17-013 amending Ordinance 16-017 which adopted a budget for the period January 1, 2017 through December 31, 2017, as subsequently amended by Ordinance 17-008. Finance Director Taylor explained the background of the ordinance to amend the 2017 budget, after which Mayor Higgins invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 4. Second Reading Ordinance 17-014 Adopting 2018 Budget — Chelsie Taylor After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance 17-014 adopting the 2018 budget. After Finance Taylor briefly went over the information contained in her November 14, 2017 Request for Council Action form, Mayor Higgins invited public comments. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 5. Resolution 17-017 Amending Master Speed Limit Schedule, 8th, Pines —Sullivan — John Hohman It was moved by Deputy Mayor Woodard and seconded to approve Resolution 17-017 amending the Master Speed Limit Schedule as proposed. Deputy City Manager Hohman explained that concerning 8th Avenue, there has not been another auto crash reported since the new improvements have been added; said this master speed limit schedule comes forward in accordance with state law and City code; said the required engineering analysis was performed and the choice is to approve this change, or leave the street with the current 35 miles -per -hour speed limit. Councilmember Collier asked about 8th on University at Pines, and Mr. Hohman said that segment will be examined to see if other changes are needed, but tonight this change is just for 8t1 Avenue from Pines Road to Sullivan Road. Councilmember Wood asked about the low speed limit on Thierman and Mr. Hohman said staff can also bring that back for future discussion. Mayor Higgins invited public comment. Ms. Nina Fluegal, Spokane Valley: said there has been much time and effort into this proposal, but a simple remedy would be to have all the side roads the run east to west, or north to south, at 25 mph; she said people will drive how they drive; and she asked who will enforce these speeds; she said we don't have enough police officers now and it is fruitless to change these; she suggested putting up stop signs; said now we have to budget to change the speed limit signs; said she has been trying to years to get a secondary stop sign on 4th and Blake; said all side roads should be 25 mph; she said that stop signs will slow traffic more than changing traffic speed signs; and said this doesn't make sense. Ms. Jaclyn Gallian, Spokane Valley: said it will be confusing to have three different speed limits on one street and she suggested making it unified on the entire street. Ms. Alliene Gallian, Spokane Valley: said the perception is we are setting up speed traps by deliberately changing the speed limit in the middle of the road; that speed traps are a way of getting more money and the City will be sued over this as speed traps are illegal; she said there should be one speed limit and we need to control traffic in a reasonable way and not decide tonight. Ms. Madeline Kline, Spokane Valley: said she lives on 10th and Clinton; that 8th and McDonald is ridiculous; that 4th and McDonald have had more people killed than 8th and McDonald; said the problem on 8th was foliage and not the intersection; said to check when those accidents occurred within the last three years, that it was prior to people keeping things trimmed; said the man who bought the home three to four years ago, and that's when the wrecks started and continued until the foliage was gone; she said three speeds on one street is ridiculous. Minutes Regular Council Meeting: 11-14-2017 Page 3 of 8 Approved by Council: DRAFT There were no further public comments. Councilmember Collier said he feels uniformity is needed, and Councilmember Pace added that some people made sensible comments, and we should not change the speed on 8th, but rather make them all 25 mph. Councilmember Munch said he agrees, adding that there was some talk previously about doing a city-wide study, and that needs to happen; said we can't have one street with three to four different speed limits. Deputy Mayor Woodard said he has asked for a long time for a city- wide street analysis; but we have made some headway on some of that; he said a study was conducted when the accidents started, and most of them occurred during daylight hours; said at some time we will have to study the rest of the city but not tonight; he said we need more opportunities for people to see those signs and slow down, and said there is no speed trap as the streets are marked. Vote by Acclamation: In Favor: Mayor Higgins, Deputy Mayor Woodard, and Councilmembers Haley and Wood. Opposed: Councilmembers Collier, Pace and Munch. Motion carried. 6. Motion Consideration: Legislative Agenda — Mark Calhoun It was moved by Deputy Mayor Woodard and seconded to approve the proposed 2018 Legislative Agenda as drafted. City Manager Calhoun went over the items contained in the Legislative Agenda. Mayor Higgins mentioned that the last item dealing with protecting parental rights, is a suggestion to the legislators and not a rule or law change. Mayor Higgins then invited public comment. Rev. Genavieve Heywood, Veradale United Church of Christ, Spokane Valley: said she has concerns for the parental rights and wanted to remind Council that birthing children doesn't make someone a parent; said she is aware that parents need the right to have recourse when children are medically damaged, and she mentioned part of an ordinance and said that this is not within Council's preview; she said the Council's responsibility is to the public; said not allowing kids to talk to medical professionals won't improve a family dynamic that is already in trouble; said transgenders are the most vulnerable and this will increase fear and bullying; and said she hopes Council will consider this carefully. Mr. Bob West, Spokane Valley: said that previously Mr. Driskell referenced a letter from the Center for Justice and from the ACLU; said his concern is if this passes, does it place the citizen in any type of liability situation as those letters were pretty explicit as far as ramifications. In response, Mr. Driskell said if this is adopted it will not put the city at potential liability for a lawsuit; said the "ordinance talking points" forwarded previously by Mr. Pace is not this legislative issue; but this is merely a legislative platform to talk to the legislature and does not propose any change in law, and this is not in conflict with state laws. Mr. John Harding, Spokane Valley: said we are law-abiding citizens and as such have to be required to immunize our kids so they can gain access to the school; said will they do the same thing for people who come here illegally and make sure they have all their vaccinations; said 95% of these people are not immunized and some specific groups are bringing certain strains of illnesses we have never seen before. Ms. Kim Halms, Spokane Valley: she thanked Council for their time in this effort. Ms. Paula Smith, Spokane Valley: said she is excited to hear this is on the legislative agenda so people can work together to find a solution and compromise and that this takes away the fear of the City being sued. There were no further public comments. Councilmember Collier said he took an oath to uphold the Constitution and the rights of the individual, and he would stand in the way of anyone who seeks to trample individual rights. Deputy Mayor Woodard stated that these items are to remind our legislators as they work through the laws, of the concerns of our citizens, and Councilmember Haley said she believes this is vague enough and she will vote for it. Councilmember Wood thanked Mr. Driskell for the well written item. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. Mr. Calhoun said he will attempt to set up a meeting with Council and the Legislators for December 5 or December 12 for some time in the afternoon. Minutes Regular Council Meeting: 11-14-2017 Page 4 of 8 Approved by Council: DRAFT 7. Mayoral Appointment: Citizen to Housing and Community Development Advisory Committee (HCDAC) — Mayor Higgins It was moved by Deputy Mayor Woodard and seconded to confirm the Mayoral appointment of Timothy Norwick to the Spokane County Housing and Community Development Advisory Committee for a three- year tem pending official appointment by the Spokane County Board of Commissioners. Mayor Higgins briefly explained about the committee and the opening, and Deputy Mayor Woodard noted that former committee member Shane Comer was a great representative. Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 7a new item: City Hall Closure It was moved by Deputy Mayor Woodard and seconded to close the City Hall and CenterPlace at 12:00 p.m., noon, Wednesday, November 22, 2017, to allow staff time to prepare for their Thanksgiving Holiday; and to close City Hall and CenterPlace for the entire day on Tuesday, December 26, 2017; that this closure affects only normal administrative functions of the City, however, all pre planned events at CenterPlace will take place as scheduled. Mayor Higgins invited public comment. The only comment was from Ms. Peggy Doering asking and receiving clarification on the dates. Councilmember Haley said staff really worked hard when we moved, and that staff volunteered their time during the open house; and said this gesture will enable staff to spend time with their family. Deputy Mayor Woodard agreed and said next week, City Hall will be very quiet. Mr. Calhoun added that any prescheduled CenterPlace events during those timeframes will not be impacted; and if by December 26 there is snow, this will also not affect snow removal operations. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. PUBLIC COMMENTS: Mayor Higgins invited public comments, and said if people have comments concerning the Lodging Tax Advisory Committee (LTAC), this is the opportunity to make those comments. Ms. Bobby Spencer, Spokane Valley: concerning the holidays, she asked about New Years as it wasn't included. Rev. Genavieve Heywood, Veradale United Church of Christ, Spokane Valley: said she read the Spokesman Review and the goal of Council that Spokane Valley be business friendly; said she has been asking about Council's vision and hopes it will be to the benefit of the citizens first; said we need to be a city where the public can get around in the streets with good services and good roads; she encouraged Council to look at their goals and vision, and to consider ways to make our city a city of clean water, good roads, and strong neighborhoods. Ms. Jayne Singleton, Spokane Valley Museum: said she is aware of the history of the LTAC process as she served on that committee in 2005 and 2006; said the state statutes are the guide to use in awarding funding to applicants; said it has been a contentious process and is not equitable or collaborative and she hopes this changes in the future; said the recommendations for 2018 for the Museum and Valleyfest amount of 2.3% of the total fund, and mentioned the removal of $225,000 taking place in conversations that took place before the open public meeting; said they were told they would not be funded because the fund would not be replenished, however, it increases over the years; said then they were told that hoteliers already met and decided who would be funded and in what amounts; said some members of the LTAC went to Valleyfest and asked people where they were staying, but that wasn't done with any other entity; said this is the way the process has been and it is difficult for a Valley entity to get funded; adding that the museum is in the business of tourism. Mr. Bill Crawford: spoke of the LTAC funds being sent outside the Valley; said he was a strong proponent of incorporation as 40% of revenues were collected in the Valley but went elsewhere; said the idea of incorporation was to keep Valley money in the valley where the City provides good services without raising Minutes Regular Council Meeting: 11-14-2017 Page 5 of 8 Approved by Council: DRAFT taxes; he asked why so much LTAC funds are sent to entities outside the Valley like Visit Spokane; said sometimes they get more than half of the total allocation; and he urged Council to fund valley things first, and other events need to show Council how those events would benefit Spokane Valley. Mr. Tom McArthur, Spokane Valley: said he is a board member of the Heritage Museum; said their 2018 request was for $25,000 and the LTAC recommended $4,400; said they are grateful for any support, but why give more than four times the amount to competitors than to ourselves; said if this is for tourism promotion for Spokane Valley then make it that. Ms. Peggy Doering, Valleyfest: said her observations of the LTAC process from the past and the most recent meeting; that these are Spokane Valley funds and not the lodging industry; that what she observed on October 19 is a contentious thing and has been for fourteen years; said all the applicants that day were qualified to apply for the funding, like Parks and Recreation to finish some sand volleyball courts at Browns Park, Crave, and Oktoberfest; she mentioned pages 69 and 77 in the 2018 budget proposal and in the proposed comp plan; said during that October meeting, some applicants were advised to apply for TPA funds and to use CenterPlace marketing funds; she said Valleyfest is our community event and it was disconcerting for her to hear that people were being asked where they were staying and she wasn't aware this was done at any other event; said she has exit surveys; said we need solutions and a new attitude and would like a committee reorganization to discuss the purpose for marketing and tourism. Ms. Nina Fluegal, Spokane Valley: asked if someone was working on the fire department roaring down 4th Avenue; said she made numerous quests to find out what can be done; and now 8th will be reduced to 30; asked how this will go with 4th not being used as the Fire Department's local speedway; asked what is the definition of an arterial and collector; who will do anything about the Fire Department using 4th Avenue; said no one has called or talked to her about this and something has to change as there is no reason for them to come down 4th; said she also lives close to Summit School which is now sitting empty; asked why doesn't the school district make that another elementary instead of spending money on another school. Ms. Bobby Spencer, Spokane Valley: said she has lived here for several years and today is the first she's heard that we have a museum; asked where does that money go as apparently it is not going where it is supposed to or she would have heard of a museum. There were no further comments and Mayor Higgins called for a recess at 7:44 p.m.; he reconvened the meeting at 7:55 p.m. ADMINISTRATIVE REPORTS: 8. Annual Comprehensive Plan Amendment 2018 Docket — Lori Barlow Senior Planner Barlow explained about the process for a comp plan amendment, and that we have received four privately initiated amendments, along with the City's proposed three initiated map amendments; she said that all amendments to consider are map amendments. After Ms. Barlow went through the PowerPoint explaining the process, and each map amendment proposal, she said staff will be back next week to ask Council to take action on the docket. 9. Lodging Tax Advisory Committee (LTAC) Recommendations to Council — Chelsie Taylor, Erik Lamb Finance Director Taylor explained some of the background associated with the LTAC, and Deputy City Attorney Lamb mentioned the spreadsheet showing the recommended funding allocation for 2018 and that a public question arose about the integrity of the process in reference to the Open Public Meeting Act (OPMA). Mr. Lamb said staff conducted a cursory review of the issues and won't talk about the OPMA, but did want to discuss the options; and he went through the three options listed on the November 14, 2017 Request for Council Action form. Mr. Lamb said the LTAC is an advisory committee, and that staff believes option 3 is valid and plausible, in that Council may make an independent review of all the relevant materials Minutes Regular Council Meeting: 11-14-2017 Page 6 of 8 Approved by Council: DRAFT and make its own proposed distribution, which may be the same or different from the LTAC recommendation; which recommendation would occur at a future meeting, and if Council makes a different proposed distribution, that would require 45 days for the LTAC to review and provide comment before final Council action. Mr. Lamb said if Council concurs, a motion can be scheduled for the November 21 meeting on Council's proposed distribution, and if Council's proposed distribution is the same as the LTAC, Council could take final action at the December 12 meeting; and if the Council's proposed distribution is different from the LTAC's recommendation, such action could be taken at the January 9, 2018 Council meeting. There was some discussion about this year's process with Mr. Lamb reiterating that he did not want to comment about any possible violations; and this option would allow us to continue; again mentioning that the LTAC is an advisory committee. Councilmember Wood said people volunteer for this committee and he finds them very reputable. Councilmember Pace said the money doesn't come from Spokane Valley taxpayers, but comes from people passing through staying in hotels as part of the sales tax the hotels collect; said the purpose is to increase tourism in Spokane Valley and after hearing some of the comments tonight, is excited about option 3. Mr. Lamb reminded Council that if that is Council's preference, he would need a motion tonight to go with option 3; adding that he is not suggesting there is any fault, but it is in the City's interest of avoiding any possible challenge and to promote opening of the process. It was then moved by Deputy Mayor Woodard and seconded that Council pursue option three at the November 21, 2017 meeting and for Council to conduct an independent review and develop its own proposed distribution of the lodging tax revenues, which may be the same or different from the LTAC recommendation. Councilmember Munch said last year there were only two options and that he didn't want to open something that could be challenged. Mr. Lamb explained that an informal Attorney General opinion offers a similar view to this option, and therefore, we believe it is plausible and defensible. Mayor Higgins invited public comment. Jayne Singleton, Heritage Museum: she said they are not pointing fingers but brought forward the history of how this process has evolved; that it appears some are held to a different standard; that historically decisions were made outside the committee meeting; and that they want a fair and equitable process. Mr. Tony Lazanis, Spokane Valley: said he would like to see about $400,000 kept for three years to use to expand the Convention Center, as after three years we would have $1.2 million and an expanded convention center will bring in bigger conventions. There were no other public comments. Councilmember Pace said he has been through this process now for four years and it has always bothered him that Visit Spokane and the Spokane Sports Commission received so much money; said they are overly - biased for heads in beds; said he has come to realize that is the wrong approach; that we have solid Spokane Valley organizations that have potential to put heads in beds or actually do; that he will vote to move ahead with option 3; and if he had to vote tonight he would vote for no funds for the Sports Commission and no funds to Visit Spokane, with the maximum to go to solid valley organizations. Councilmember Wood said this option should always be available. Vote by Acclamation: In Favor: Mayor Higgins, Deputy Mayor Woodard, and Councilmembers Munch, Haley, and Pace. Opposed: Councilmembers Wood and Collier. Motion carried. 10. Surplus Items — Chelsie Taylor After Finance Director Taylor went through process of declaring items as surplus, as noted in her December 14, 2017 Request for Council Action form, there was Council consensus to move this forward as planned. 11. Hearing Examiner Services — Cary Driskell City Attorney Driskell said that the Hearing Examiner Mike Dempsey intends to retire at the end of this year and it is not clear what the County will do for those services; they could replace Mr. Dempsey with another person in-house or they could contract for services with a private attorney. Mr. Driskell said we Minutes Regular Council Meeting: 11-14-2017 Page 7 of 8 Approved by Council: DRAFT want to avoid any conflicts or even potential conflicts of interest so we would look closely at our options, depending on what the County does. Mr. Driskell also noted the current contract includes a 180 -day termination provision, and if Council desired, we could issue a Request for Proposals to seek a contract with a private attorney. Mr. Driskell said the least favorite option for us would be to hire an in-house hearing examiner, and with the amount of cases we have, it would be a part-time position; so for now Mr. Driskell suggested we simply wait to see what the County does. There was discussion about us assuming liability for any challenged decisions and Mr. Driskell explained that there is a very limited amount of potential liability for a Hearing Examiner acting within the scope of duties as it is quasi-judicial by nature, and we would have some level of protection from lawsuits much the same as judges have; but regarding Councilmember Pace's question about Council taking on that role, Mr. Driskell said the potential amount of liability would be much lower with the Hearing Examiner system instead of Council taking on that role. Councilmember Wood added that he prefers not looking at Council taking on such a role as he feels Council is not equipped to does Council have the time to go get the expertise, but rather we need an attorney who is trained and understands those issues, and therefore, he prefers contracting out for those services. Ultimately, there was Council consensus to wait and see what the County will do. 12. Advance Agenda — Mayor Higgins Councilmember Collier proposed the City create its own independent police over -sight committee and at least two other Councilmembers nodded in agreement. Mr. Calhoun said staff will add that to the advance agenda. CITY MANAGER COMMENTS Mr. Calhoun mentioned that Kitara has closed on the property in the northeast industrial area; they are a timber manufacturing facility and he extended thanks to Mr. Hohman, Mr. Basinger and the Economic Development Department who were instrumental in bringing that company to our City; said the Union Pacific Railroad running to the NE Industrial area to the west of that property will be constructed in the first quarter of 2018; and in reference to that, noted the January 2 agenda will include an update on what's underway in the NE Industrial area. Mr. Calhoun said that after 5 pm tonight, we learned we were awarded $6 million towards our Barker BNSF Grade Separation Project, with the grant from the National Highway Grade Program which will be administered through the Washington State Department of Transportation (WSDOT), and said he feels this represents a vote of confidence by WSDOT, and said both WSDOT and the SRTC (Spokane Regional Transportation Council) have "gone to bat" for us in obtaining this $6 million grant, and he extended thanks to WSDOT and SRTC for their tremendous assistance. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:56 p.m. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Minutes Regular Council Meeting: 11-14-2017 Page 8 of 8 Approved by Council: DRAFT Attendance: Councilmembers MINUTES SPOKANE VALLEY COUNCIL MEETING STUDY SESSION Spokane Valley City Hall Council Chambers Spokane Valley, Washington November 21, 2017 Staff Rod Higgins, Mayor Arne Woodard, Deputy Mayor Caleb Collier, Councilmember Pam Haley, Councilmember Mike Munch, Councilmember Ed Pace, Councilmember Sam Wood, Councilmember John Hohman, Deputy City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Mike Stone, Parks & Recreation Director Chelsie Taylor, Finance Director Mark Werner, Police Chief Lori Barlow, Senior Planner Robert Lochmiller, Sr. Engineer Project Mgr. Shane Arlt, Maintenance Supervisor Art Jenkins, Stormwater Engineer Christine Bainbridge, City Clerk Mayor Higgins called the meeting to order at 6:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll, all Councilmembers were present. ACTION ITEMS: 1. Proposed Resolution 17-018, Declaring Items Surplus — Chelsie Taylor It was moved by Deputy Mayor Woodard and seconded to approve Resolution 17-018 declaring the items on the attached Exhibit 1 as surplus to the needs of the City. Finance Director Taylor mentioned the revised list with the added item of the presentation table that was used in the chambers in the former building. After Finance Director Taylor briefly explained the process for declaring items as surplus, Mayor Higgins invited public comment. Ms. Karen Gallion asked if it were possible to donate items to a non-profit instead of recycling them. There were no other public comments. Deputy Mayor Woodard asked Mr. Driskell if items could be donated and Mr. Driskell said yes, the City Manager can dispose of items at his discretion in a manner deemed to be in the best interests of the City. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 2. Motion Consideration: 2018 Annual comp Plan Amendment Docket — Lori Barlow It was moved by Deputy Mayor Woodard and seconded to approve the 2018 Comprehensive Plan Amendment Docket as presented. Senior Planner Barlow briefly reviewed the material she had discussed the prior week; explained we received four privately initiated amendments requests, which are generally changes on the land use map from one land use designation to another; and she explained the items listed on the docket, which includes three City -initiated requests, two of which are to make corrections to eliminate bisected zones on parcels, and the other would bring the vision for a particular piece consistent with a group of properties owned by the Conservation District; she said Council is being asked to take action to either approve as submitted or with modifications, including removing any item from the docket. In response to Councilmember Pace's question about the process, Ms. Barlow confirmed that these items would be submitted to the Planning Commission and then come back to Council, and that the public would have further opportunity for comment at the Planning Commission meeting(s) and Council meeting(s). Ms. Barlow also noted staff submits a public hearing notice to the newspaper at least three weeks prior to the hearing, which generally results in the notice being published twice. Ms. Barlow said we also notify Council Study Session: 11-21-2017 Page 1 of 7 Approved by Council: DRAFT property owners within 400' of each individual site, and that we have the discretion to increase that area, but that has not yet been determined. Mayor Higgins invited public comment; no comments were offered. Deputy Mayor Woodard said he hopes the public will pay attention to the process and the docket materials. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 3. Motion Consideration: Council's Proposed Distribution for Lodging Tax Funding Allocations — Erik Lamb, Chelsie Taylor It was moved by Deputy Mayor Woodard and seconded to approve the following as the City Council's proposed distribution and allocation of lodging tax revenues for 2018: For the proposed transfer to fund #104, change to $200,000 instead of $250,000; and to allocate to the ten entities as follows: (1) City of Spokane Valley Parks & Rec: $60, 000; (2) Spokane Oktoberfest: $10,000; (3) Crave NW- $30, 000; (4) Spokane Valley Heritage Museum: $13, 000; (5) Spokane Co. Fair & Expo -Interstate Fair: $50, 000; (6) Spokane Sports Commission: $80, 000; (7) HUB Sports Center: $48, 400; (8) ValleyFest: $8, 600; (9) Valleyfest Cycle Celebration: $2, 000; and (10) Visit Spokane: $70,000, for a total of $372,000. It was then moved by Councilmember Pace to amend Councilmember Woodard's motion as follows: the set aside funds for a sports or some other type of facility to draw tourists, put that back to $250,000; and then the others as follows: (1) City of Spokane Valley Parks & Rec: $52, 000; (2) Spokane Oktoberfest: $20, 000; (3) Crave NW- $50, 000; (4) Spokane Valley Heritage Museum: $25, 000; (5) Spokane Co. Fair & Expo -Interstate Fair: 0; (6) Spokane Sports Commission: 0; (7) HUB Sports Center: 0; (8) ValleyFest: $150,000; (9) Valleyfest Cycle Celebration: $25, 000, and (10) Visit Spokane: 0 for a total of $322, 000. There was no second and the motion to amend did not progress. Mayor Higgins invited Council comments on the main motion. Councilmember Pace said he realized over his last year that we give a lot of money to organizations that aren't even Spokane Valley organizations and supposedly they help Spokane Valley but they are not Spokane Valley organizations; said he realizes that lodging tax money is made by people passing through and staying in hotels and does not come from Spokane Valley residents unless they spend the night in a hotel; and just like the outside agency grants, that he thinks it is best to spend these kinds of funds, lodging tax and outside agency, for organizations that actually have Spokane Valley in their name, like Valleyfest and Spokane Valley Heritage Museum; or for things that have the potential to bring tourists like Oktoberfest and Crave NW; and instead of using money to market and advertise, that the best use of these funds is savings towards building something that will draw people in just by itself which is why he liked the $250,000 going to that savings. Councilmember Haley said she feels it is important to finish Browns Park and Ms. Taylor said the suggested amount of $60,000 will not complete the park or the master plan for the volleyball courts. Parks and Recreation Director Stone said the request for about $250,000 would get four more volleyball courts and they are seeking a total of eight; said they and are probably $1.2 to $1.3 million away from completing the entire master plan and do have some funds approved in next year's budget to "chip away" at the project. Deputy City Attorney Lamb stated that if Council elects to approve an amount different from the LTAC recommendations, we will be required to give the LTAC 45 days to review and comment on those recommended amounts, so the first date Council could take final action on this would be at the January 9, 2018 Council meeting. Councilmember Wood said he agrees with the $50,000 and would like to see that stay there; and as far as reallocating from the LTAC recommendation, said he could bend on that but would like to keep that $50,000 reserve and build on that so we can end up with a goal set a long time ago about a sports or other facility that would benefit all of the valley; he said he doesn't think $60,000 will do much for Browns Park if we need $1.2 million and said he would vote no on the motion because of the $50,000 being removed from that fund; and said otherwise, he could go along with redistributing the money; said if you removed the $60,000 to the parks and put the $50,000 back into the fund, he would agree with those allocations. Council Study Session: 11-21-2017 Page 2 of 7 Approved by Council: DRAFT It was then moved by Councilmember Wood and seconded to amend Deputy Mayor Woodard's motion by taking the $60, 000 from Parks and putting it back into the reserve fund 104 for the sports facility, and that additional $10,000 should be given to Valleyfest. Councilmember Wood said he feels this allocation balances out what Council wants. To clarify, Ms. Taylor stated the amended amounts per Councilmember Wood's amended motion, including transfer of the $250,000 into Fund 104: (1) City of Spokane Valley Parks & Rec: 0; (2) Spokane Oktoberfest: $10,000; (3) Crave NW: $30,000; (4) Spokane Valley Heritage Museum: $13,000; (5) Spokane Co. Fair & Expo -Interstate Fair: $50,000; (6) Spokane Sports Commission: $80,000; (7) HUB Sports Center: $48,400; (8) ValleyFest: $18,600; (9) Valleyfest Cycle Celebration: $2,000; and (10) Visit Spokane- $70,000, for a total of $322,000. Mayor Higgins invited public comment on the motion to amend. Bob West, Spokane Valley: said he was interested in the amount of money to the Spokane Sports Commission and how that is applied here in the valley; said it seems that is the greatest amount of money out of all the allocations, and why Parks and Rec or Valleyfest shouldn't have more money. Cal Clausen, one of the owners of the Holiday Express and the current Quality Inn; he spoke of his two properties here in the valley and another hotel downtown; said loans on his two properties in the valley approach $20 million and said he therefore has $20 million at stake so therefore he is a larger stakeholder than anyone in this room or maybe even Spokane between him and his brother; he encouraged Council to support their committee's recommendations; said if he thought that the money that was going to the Sports Commission or Visit Spokane was not in the best interests of Spokane Valley, he would not be standing here; said those two entities create a lot of room nights and if Council were to take away any funds from those two entities it would be a travesty to tourism; said a volleyball court generates no room nights; said they have tracked Valleyfest extensively over the years and it too generates no room nights; and he encouraged Council to follow the recommended allocations of LTAC. Jody Sander, with Sterling Hospitality, the Holiday Express and the Quality Inn on Argonne: said she has worked in the valley for 17 years in the hotels, and is also the past chair of Visit Spokane; said Visit Spokane diligently tracks the money they receive from the City of Spokane Valley and the hotels in the valley benefit from those funds; and she encouraged Council to listen to the LTAC committee. Jayne Singleton, Valley Heritage Museum: said the museum is a tourism attraction and she appreciates Council's efforts to reallocate funds; said the museum tracks visitors who come; that they have one capture point and know without a doubt that the exhibits like the Smithsonian bring people to the valley and generate overnight stays, and people fill up at the gas pumps and eat at the restaurants, and she expressed her gratitude to Council for review of the LTAC recommended allocations. Bill Crawford, Museum Board Member: said he understands the process that the 2% tax collected by the hotels from the guests is to be used to promote tourism in Spokane Valley; he said that doesn't mean an organization should have to prove how many heads in beds they generated to qualify for funding; he said the state statutes do not reference "heads in beds" but this is how the hoteliers choose to administer the process; he said that amount collected grows annually, and the majority is awarded to organizations outside the valley at the expense of the valley organizations; he said recommendations of Visit Spokane getting $71,800, that Valleyfest and the Museum combined only receive $7,400, so Visit Spokane would get ten times the amount of two valley organizations combined; said the average award from 2003 to 2017 for Visit Spokane is $197,000, for Valleyfest is $24,240, and for the Museum $7,257; said the process does not seem fair and equitable, adding that this fund was never intended to be used as personal marketing funds for hoteliers, and organizations within Spokane Valley should get priority funding with tax collected within the city limits, and recommended Council make awards more closely in line with the guidelines in the RCW. Council Study Session: 11-21-2017 Page 3 of 7 Approved by Council: DRAFT Cheryl Kilday, President and CEO of Visit Spokane: she explained that by the RCW requirements, Visit Spokane has to spend the money they receive from lodging tax, for the direct benefit of the City of Spokane, and she said they do that; she said the things they are doing are very specific to the City of Spokane Valley; she said they use their regional dollars from TPA to position the region as a place, and the things they are doing with the lodging tax are very specific on behalf of the city, so there is a difference in how those funds are used and said they keep them very calculated on what you are getting for each of those points; she said when the lodging tax RCW was last updated, it was a project that included the Association of Cities and Counties, and other marketing organizations including the Washington Hospitality Association, which was a compromise of trying to find the best way to get hotelier input, and nonprofits and other organizations who are eligible to be recipients of the funds; and was a compromise on how the entire structure worked; she said that even though they are not getting anywhere near what they asked for, and what they know they could do if fully funded from the City of Spokane Valley; said she thinks the LTAC recommendation is what Council should use as the process was put in place as a compromise for everyone, and she recommended staying with LTAC's recommendations. There were no further public comments. At Councilmember Wood's request, Finance Director Taylor read the criteria used to follow when allocating the money, i.e. Council's goals and priorities for the LTAC. Councilmember Collier asked about the history of how this came into being, and after Deputy City Attorney Lamb briefly explained the background, Councilmember Collier asked if the initial concept of the LTAC was brought up by government or through the private industry and said it seems government is interfering in private industry. Mr. Lamb said he is not aware how or by whom the initial concept was created. Councilmember Munch said with the change, the Sports Commission is the only one that really changed from their recommendation, and said he favors the proposed amendment. Concerning businesses and the free market system, Councilmember Pace said he feels businesses are responsible to do their own marketing and tax dollars should not be used for that purpose. Deputy Mayor Woodard then explained his rationale for his proposal; said if it was entirely up to him, he would take all the LTAC money and put it towards a capital project for multipurpose playfields; as the purpose of that fund is to build a facility to entice tournament play; he said there is a perception that something went wrong in the LTAC this time but he is not making a judgment call; said he looked up the data that was presented to Council last year from the Sports Commission, which documents said they put 22,000 heads in beds; he said at $2.00 a head that $44,000 that was earned by those 22,000; and that this year's data said about 65,000 heads, which is tripled from the previous year's; said he knows of no hoteliers that have had that kind of increase in room counts; said he knows that Visit Spokane puts a lot of heads in beds all through the county; said we have the TPA which has a sizeable amount of money for the general region, but we don't get to see that; said he likes Councilmember Wood's proposal; that he is in favor of the Browns Park being finished but that will have to be discussed later next year; said this is just a proposal and then the LTAC gets to look at it again. Vote by Acclamation of Councilmember's Wood's proposed motion to amend: In Favor: Mayor Higgins, Deputy Mayor Woodard, and Councilmembers Munch, Haley, and Wood. Opposed: Councilmembers Collier and Pace. Motion to amend carried. It was then moved by Councilmember Pace to amend the motion by starting with Councilmember Wood's amendment, then $250, 000 set aside for the sports facility; Parks and Recreation zero; Spokane Oktoberfest $10,000, Crave NW $30,000; Heritage Museum $25, 000; Fair $40, 000; Sports Commission $20, 000; HUB $48, 400; Cycle Celebration $2, 000; and Visit Spokane $30, 000; and Valleyfest $96600. There was no second and the motion did not progress. It was then moved by Councilmember Collier to amend the motion by sticking with the resident experts and return back to LTAC's original allocation. There was no second and the motion did not progress. Councilmember Wood said he chaired that LTAC committee and there was a lot of due diligence; that there were some complaints from some people about the process; said the committee worked hard but after hearing the comments tonight, said he feels more should be given to the local economy. It was then moved by Deputy Mayor Woodard to amend the motion by leaving the $250, 000 Council Study Session: 11-21-2017 Page 4 of 7 Approved by Council: DRAFT transferred to fund 104; City of Spokane Valley zero; Oktoberfest $10,000; Crave $30, 000; Heritage Museum $13,000; Spokane County Fair $50,000; Sports Commission $80,000; HUB $48,400; Valleyfest $18,600; Cycle Celebration $2,000; and Visit Spokane $70,000. Mayor Higgins said that motion is out of order because that motion is Councilmember Wood's motion. Deputy Mayor Woodard said he is simply re -stating that amended motion. Mayor Higgins said that that was already passed, so if Deputy Mayor Woodard would like to bring discussion to an end, he asked that he please move to end discussion. It was then moved by Deputy Mayor Woodard and seconded to end discussion. Vote by acclamation to end the discussion: In Favor: Unanimous. Opposed: None. Motion carried. It was then voted by acclamation on the final motion, which is to approve the following as the City Council's proposed distribution and allocation of lodging tax revenues for 2018 as Councilmember Wood proposed: in Favor: Mayor Higgins, Deputy Mayor Woodard, Councilmembers Munch, Haley and Wood. Opposed: Councilmembers Pace and Collier. Motion carried. Deputy City Attorney Lamb said that motion will be provided to the LTAC for their review and comments, and this issue will return to Council in January. NON -ACTION ITEMS: 4. Street Sweeping — John Hohman, Art Jenkins, Shane Arlt Deputy City Manager Hohman said that Stormwater Engineer Art Jenkins and Street Maintenance Superintendent Shane Arlt will give a background/overview of the street sweeping program. Mr. Jenkins started by explaining that 97% of street sweeping is paid for out of the stormwater fund. Mr. Jenkins and Arlt went over the program's history, reasons for just one bidder, the contract, hourly rate, the various types of equipment, as well as reasons why we sweep and events requiring sweeping. 5. CenterPlace West Lawn Master Plan — Mike Stone Parks and Recreation Director Stone introduced Landscape Architect Mr. Mike Terrell who went through the PowerPoint explaining about the West Lawn and North Meadow Master Plan, including the process and parts of the master plan for the CenterPlace Plaza and the North Meadow, for Phase 1 and the Master Plan and gave a cost estimate for each. Councilmember Munch asked about a cost benefit analysis, and how much we get back for renting compared with what we anticipate. Mr. Stone said he hasn't taken a hard look at that but is working with Community and Economic Development to research that information. Councilmember Munch suggested that might be a good place for a farmer's market, and would like to see tents and how much that would cost, adding he realizes tents would also require another storage building. Mr. Stone said staff can research that as well to see if it would be beneficial to the City. Mr. Hohman said staff has hired Community Attributes to do that cost benefit analysis, and hopes to have that information early January. Deputy Mayor Woodard mentioned Valleyfest's car shows and balloons and whether that would limit our ability or create a liability. Mr. Terrell said staff will have to look at that issue. Mayor Higgins called for a recess at 7:46 p.m.; he reconvened the meeting at 7:55 p.m. 6. Appleway Trail, Sullivan to Corbin — Mike Stone, Robert Lochmiller Parks and Recreation Director Mike Stone and Senior Project Manager Engineer Rob Lochmiller, provided an update of the state of the Sullivan to Corbin section of the Appleway Trail; as well as the initial rejection of the bids as being too high, the original bid package versus the revised bid package, the site furnishings and restroom as well as alternates, and mention of next steps. 7. Fee Resolution, 2018 — Chelsie Taylor Finance Director Taylor explained that there were no amendments to the City's Fee Resolution for 2017, so this is the first time this have come forward this year; said departments were asked to review and propose any necessary fee changes; said some of the changes are for clarity, and others are changes in fees, such as for Parks and Recreation's Department for large events, and in the Administration Department for copy fees in order to comply with changes in the state law regarding the Public Records act; said the false alarm recovery fee will bring the fees into compliance with the ordinance previously passed, which eliminated Council Study Session: 11-21-2017 Page 5 of 7 Approved by Council: DRAFT registration fees for alarm systems and set new fees, and she referenced the memo included in the packet materials, from Parks and Recreation and from Administration. There was some discussion about adding a fee for processing credit cards so as not to subsidize those who pay in cash; and Ms. Taylor said she will include that information when this is brought back to Council for action December 12, and that the fee for processing credit cards will likely be 2.5%. 8. Police Department Monthly Report — Chief Werner In giving an overview of the Police Department monthly report, Police Chief Werner mentioned the tremendous support of the SCOPE volunteers, including over 600 hours in supporting public safety, as well as 24 hours from the SIRT team in traffic control. Chief Werner mentioned an increase in people leaving their vehicle running while it warms up, and of vehicle theft and he encouraged people not to do that. Chief Werner also encouraged people not to fall prey to the various scams going around, in particular when a caller poses as either law enforcement or a member of their family and mentions the need for a gift card as payment for various things like traffic tickets, or helping a family member involved in an accident. Chief Werner said law enforcement will never ask members of the public to pay for anything with a gift card, and he cautioned people to be warry. Chief Werner also noted they have six new officers in training, and another six will graduate from the academy during the first week in December; and that they anticipate three more laterals after the first of the year. 9. Advance Agenda — Mayor Higgins Councilmember Wood said he would like Council to issue a letter of appreciation to the SCOPE Board for all the hard work they do; they are all volunteers, and he would like Council to recognize their work with a plaque or other means of recognition. Several members of Council nodded in agreement. Councilmember Pace said he would like a change considered for the Governance Manual, to eliminate the agenda committee and replace it with the entire Council to perform the same functions during the advance agenda portion of each meeting; he said the way it is currently, it allows two people to control the agenda and that exacerbates perceptions of non -transparency. At least two other Councilmembers nodded in agreement. Councilmember Pace said in reference to the Arts Council, he would like Council to place the previously proposed sculpture, of the four horses which looked like they were crawling out of the ground, in a prominent place in memory of the horse massacre that occurred in the 1800's; said the sculpture is paid for by the Arts Council, and he suggested the vacant lot on the corner of Appleway and University, next to the STA Valley Transit Plaza; said if STA is interested, they would provide utilities and the City would maintain the area just like any other park. There were no other Councilmembers in favor of adding that to the advance agenda. Councilmember Collier said he would like to have the speed limit increased from Thierman to University on Appleway and Sprague where they are on -way, from 35 to 40 mph; he said most people are already traveling at that speed and said otherwise, it would be quite a speed trap. There was at least a total of three Councilmembers who agreed with having this topic on a future meeting; and Mr. Hohman said staff would have to do an engineering evaluation. Councilmember Wood asked Mr. Hohman if we were working on Thierman Street as far as the speed is concerned, and Mr. Hohman said that is being discussed and staff is going back though the records to see what information we have and what information we are lacking, and it will come forward at a future meeting. 10. Information Only: Department Reports Department Reports were for information only and were not reported or discussed. Council Study Session: 11-21-2017 Page 6 of 7 Approved by Council: DRAFT 11. Council Check-in — Mayor Higgins Councilmember Pace announced that since this is Mr. Munch and Mr. Collier's last meeting, he wanted to thank them for their service. Mr. Munch said serving on the Council was an "eye-opener" and he appreciates having had the opportunity, and extended his appreciation to the staff for their hard work. 12. City Manager Comments — Mark Calhoun Deputy City Manager Hohman explained that City Manager Calhoun is not here tonight as he is not feeling well. Mr. Hohman noted that with the adoption of the 2018 Legislative Agenda last week, we will meet with our Fourth District Representatives December 12 at 4 pm here at City Hall, in the 2nd floor conference room, and that our Lobbyist Briahna Murray will be attending; and she will also give an update during that evening's regular meeting. Mr. Hohman also noted that the celebration of lights will be in front of City Hall, hosted by the Rotary Club, on November 30th beginning at 5:30 p.m., and as customary, Councilmembers will share in the recitation of the Night Before Christmas. Mr. Hohman then introduced Mr. Bill Helbig, the City's newly hired engineer, who started a week ago. Mr. Hohman said Mr. Helbig has about thirty years' experience, including private and public, is a graduate from WSU, and will serve our community well. In recognition of their service as members of Council, Mr. Hohman presented Mr. Collier, followed by Mr. Munch, with a plaque commemorating their time on Council; which he said requires a lot of time not just council meetings, but executive sessions, serving on boards and committees, and in dealing with the public via phone, e-mail, and in person. Thanks and appreciation were extended by Council, staff and the audience to Mr. Collier and to Mr. Munch. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:37 p.m. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Council Study Session: 11-21-2017 Page 7 of 7 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2017 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Legislative Update GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: n/a BACKGROUND: Ms. Chelsea Hager of Gordon Thomas Honeywell will present Council a review of the recent Legislative Session, including discussion about what to expect in the future. OPTIONS: Discussion only RECOMMENDED ACTION OR MOTION: Discussion only BUDGET/FINANCIAL IMPACTS: Unknown at this time STAFF CONTACT: Mark Calhoun ATTACHMENTS: PowerPoint Presentation; City's approved Legislative Agenda City of Spokane Valley Preparing for the 2018 Session 1 Gordon Thomas Honeywell Governmental Affairs Briahna Murray, Vice President Chelsea Hager, Consultant 2018 Washington State Legislature Begins 2nd Monday in January (January 8, 2017) • Two-year (biennial) cycle. • In odd -numbered years , the legislature meets for 105 days. • In even -numbered years, the legislature meets for 6o days. The Governor may also call the legislature into a special session if needed, lasting up to 3o days. Capitol: Olympia, WA Legislators House: 98 members Democrats: 50 • Republicans: 48 Senate: 49 members • Democrats: 26 Republicans: 25 49 Legislative Districts Democratic - controlled Legislature What to expect in the 2018 session? Democratic -controlled Legislature Narrow majorities/Potential change in majorities again after 2018 election McCleary -address Supreme Court's most recent holding? Second year of the two-year cycle — less budget opportunities Carry over legislation from 2017 Short session Track Record of Success In recent years, Spokane Valley has been increasingly engaged in Olympia. It has paid off: Valley Water Providers' Water Rights ▪ Barker Road / BNSF Grade Separation Project ▪ Nuisance Abatement Cost Recovery ▪ Funding for Appleway Trail ▪ Marijuana Lounge Regulations Funding for Greenacres Park And much more over our 11 years working together 2018 Legislative Agenda See Agenda in Packet Transportation Funding: Barker Grade Separation Capital Budget Funding: Appleway Trail Protect state -shared revenues Protect business by reforming state regulatory burden Abandoned/foreclosed homes Indigent defense funding Continued prohibition of recreational marijuana home growing Parental rights AWC legislative items in line with City's best interest What it takes to succeed... This session will be challenging. While we are your lobbyists, we can't do it without you: ▪ Willingness to travel to Olympia for hearings ▪ Sending consistent messages to our legislators ▪ Making phone calls/sending emails when requested There is no guarantee of success. Next Steps January 8, 2018 - Session Begins January 24-25 - AWC City Action Days March 8, 2018 - End of Regular Session I Questions? Briahna Murray bmurrayCgth-gov.com (253) 310-5477 Chelsea Hager chager@gth-gov.com (253) 359-0474 Som 1 _ Va11ey. CITY OF SPOKANE VALLEY 2018 LEGISLATIVE AGENDA Adopted by Council November 14, 2017 Transportation Funding Request: Bridging the Valley The City of Spokane Valley continues to make headway on the multi -phase Bridging the Valley project that replaces dangerous at -grade crossings throughout the City. As the City nears design on the Barker Road Grade Separation Project, it hopes to pursue state and federal funding to advance the project, as outlined below. However, it is important to recognize that the Barker Road project is only the first phase, and in future years, the City will also pursue funds for the Pines Road Underpass / BNSF Grade Separation Project, and other elements of Bridging the Valley. Phase 1: Barker Road / BNSF Grade Separation Project The City of Spokane Valley respectfully requests that the state invest in Phase 1 of Bridging the Valley by allocating funds to the Barker Road/BNSF Grade Separation project. The Barker Road/BNSF Grade Separation Project replaces an at -grade crossing with an overpass of BNSF's railroad tracks and Trent Avenue (SR 290). The project will eliminate two at -grade crossings, eliminating train/vehicle crash risks. The project will improve train travel through the Spokane region, which is a bottleneck of the Great Northern Corridor. The total project cost is currently anticipated to be $20 million. The City has already secured partial financing for the project including a $720,000 federal earmark, a Washington State Freight Mobility Investment Board grant equivalent to 20% of the total project cost, $3.6 million of City -generated funds specifically earmarked for this purpose, and $1.5 million that the City received in the 2017-2019 Transportation Budget from the Washington State Legislature, which the City plans to spend on bridge design. Once designed, the City hopes to continue its partnership with the state to fund right-of-way acquisition and construction. Pass legislation responding to Hirst and a 2017-19 Capital Budget: Funding for Applewav Trail Park Amenities The City supports efforts to reach agreement on legislation addressing the recent Hirst Supreme Court decision regarding water availability in rural areas. The City of Spokane Valley also encourages the Legislature to pass a 2017-2019 Capital Budget with an allocation of $540,000 for park amenities for the first mile of the Appleway Trail. The most recent versions of the proposed 2017-19 Capital Budget include this funding. These additional amenities include a restroom, topsoil, limited turf and dryland seeding, trees, drinking fountain, and benches. The City previously funded, designed and constructed the paved portion of the first mile with over $1 million without these amenities. The state has allocated funding for the remaining 3.25 miles (including amenities), scheduled over the next two years. This funding of $540,000 in the Capital Budget will bring amenities to the entire 4.25 mile trail, realizing the full conceptual plan and orienting future economic development. Protect the Local State -Shared Revenues The City of Spokane Valley requests that the Legislature preserve and restore local state -shared revenues. These funds include the Liquor Excise Tax Account ($442,294 in 2016), Liquor Board Profits ($804,057 in 2016), Municipal Criminal Justice Assistance Account ($280,337 in 2016), and City -County Assistance Account and Marijuana Revenues ($54,213 in 2016). Specifically, the City supports legislation that removes the 2011 cap on Liquor Profit revenues, to restore the 50/50 revenue sharing relationship between the state and local governments. Spokane Valley is home to many warehouses and manufacturing facilities. As a result, the City receives over $500,000 each year in streamlined sales tax mitigation payments to compensate the City for financial losses when the state switched to a destination -based sales tax system. The 2017 Legislature indicated with Page 1 of 2 CITY f]F� .Val--Y the passage of the Marketplace Fairness Act, that the state intends to suspend streamlined sales tax (SST) mitigation payments in the 2019-21 biennium. Meanwhile, the Department of Revenue was directed to analyze if and when expected revenue gains from implementation of the Marketplace Fairness Act equal or exceed revenue losses to cities. The City will be closely monitoring the outcome of this and requests that cities receiving SST mitigation are made whole through this transition throughout the state. Protect Businesses by Reforming State Regulatory Burden The City of Spokane Valley strongly supports businesses small and large, in our City and across the state, because they are the lifeblood of our economy. Unfortunately, these businesses are forced to compete in a state regulatory environment that is increasingly burdensome, making it difficult to compete with businesses in neighboring states. Of most urgent concern is the regressive state business & occupation tax, with the current Labor & Industries program close behind, with both needing significant reform before they do irreparable damage to commerce in Washington. Spokane Valley supports rebalancing the state-wide regulatory framework to encourage and support business development and retention. Abandoned/Foreclosed Homes The City of Spokane Valley supports legislation to provide cities with the tools to address abandoned and foreclosed homes. In 2016, the Washington State Supreme Court ruled in Jordan v. Nationstar, that financial institutions cannot enter and secure homes until the foreclosure process is complete. This leads to many homes that are mid -foreclosure being abandoned. Abandoned homes throughout a community become sites for criminal activity, squatters, and declining property values. The City encourages the Legislature to adopt legislation in response to the Jordan v Nationstar case that provides cities with tools to address abandoned and foreclosed homes. Indigent Defense Funding The City of Spokane Valley supports full funding for municipal indigent defense services. In 2013, the Washington Supreme Court set new caseload standards for the number of cases a public defender can represent in a calendar year. This has increased the annual cost of providing indigent defense services by $71,521 or 11.4%. The City supports policy and fiscal changes to mitigate this new obligation. Support Continued Prohibition of Recreational Marijuana Home Growing The City of Spokane Valley supports the continued prohibition on home growing of recreational marijuana. Allowing home growing of recreational marijuana will unnecessarily increase youth access, illegal diversion, and criminal activity related to marijuana. Neither the State nor local cities have sufficient resources to adequately enforce home growing. Allowing home growing will place an additional and unnecessary cost burden on local cities that primarily have to deal with the impacts from legalized marijuana. By allowing home growing, the State will also weaken the still -growing commercial marijuana market. Protecting Parental Rights Regarding Decisions Involving Their Children The City of Spokane Valley recognizes as critically important the role parents play in all facets of the lives of their children. Over the years, the State of Washington has adopted various laws and agency rules which encroach upon the decision-making rights of parents. Some of these laws and rules have significant impacts on families, and infringe upon the traditional parental role. The City supports changes in state law that strengthen parental rights, and requests that future legislation not have the unintended consequence of eroding parental rights. The City supports AWC legislative agenda items that serve the best interests of Spokane Valley. Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2017 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation❑ executive session AGENDA ITEM TITLE: Resolution 17-020 Specifying Insurance plans and health related benefits for employees and City Councilmembers. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: On December 5, 2017, the City of Spokane Valley City Council provided consensus to move Resolution 17-020 to the December 12, 2017 meeting for approval. The Council approved Resolution 13-002 in March 2013 to delineate the benefits provided to City Councilmembers and regular employees of the City. The Council also ratified the 2016-2018 Collective Bargaining Agreement in December, 2015 describing the benefits provided to regular City employees. BACKGROUND: The Council periodically reviews and amends the City Resolution concerning Council and employee benefits. The City has been informed by the Association of Washington Cities (AWC) Benefits Trust who administers the benefits provided by the City that the medical plans currently offered to City Councilmembers will terminate at the end of 2017. OPTIONS: Approval of Resolution 17-020, specifying insurance plans and health related benefits for employees and City Councilmembers as drafted or amended. RECOMMENDED ACTION OR MOTION: I move the approval of Resolution 17-020 specifying insurance plans and health related benefits for Councilmembers and staff. BUDGET/FINANCIAL IMPACTS: The budgetary impacts of this resolution are included in the approved 2018 City Budget. STAFF CONTACT: John Whitehead, Human Resources Manager ATTACHMENTS Resolution 17-020 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 17-020 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING RESOLUTION NO. 13-002, SPECIFYING THE INSURANCE PLANS AND HEALTH RELATED BENEFITS FOR CITY EMPLOYEES AND COUNCILMEMBERS, AND OTHER MATTERS RELATED THERETO. WHEREAS, the City Council adopted Resolution 13-002 on March 26, 2013, which superseded Resolution No. 11-012, and provided medical, dental and other benefits for its eligible employees and Councilmembers through the Association of Washington Cities (AWC) Employee Benefit Trust, or other means; and WHEREAS, the City Council desires to adopt the specific plans and contribution rates for each designated plan. NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Medical Insurance. The City Council hereby specifies the Asuris Northwest Health 250 Plan, the Kaiser Permanente Access PPO Plan and the Kaiser Permanente $200 deductible Plan for Councilmembers and employees. The City shall pay 100% of the premium of either health plan for the Councilmember, spouse and dependents. The City shall pay 80% of premium increases in addition to the amount the City paid in 2015 for the employee, spouse, and dependents. applicable to each employee coverage category. The City shall provide a Premium Only Program (POP) allowing employees to pay their share of the premium costs through pre-tax income. Employee participation in the POP program is voluntary. Section 2. Dental Insurance. The City Council hereby specifies the AWC Trust Washington Dental Service Plan E with Orthodontia Rider Plan II as the currently authorized employee dental plan for eligible City employees and Councilmembers. The City shall pay 100% of the premium for the employee/Councilmember, spouse and dependents, as required by the AWC Employee Benefit Trust Underwriting rules. Section 3. Life Insurance. The City Council hereby specifies the AWC Trust Life Insurance Plan at two times the sum of annual earnings rounded up to the nearest $1,000 with the accidental death and dismemberment (AD&D) option as the currently authorized employee life insurance plan for eligible City employees and Councilmembers. The City shall pay 100% of the premium for the employee/Councilmember. Employees/Councilmembers shall also be authorized to acquire additional supplemental or dependent life insurance coverage through the plan on a self -pay basis through payroll deduction pursuant to AWC underwriting rules. Section 4. Long Term Disability Insurance. The City Council hereby specifies the AWC Trust Standard Insurance Long Term Disability Plan Option 1 (60% benefit; 90 -day elimination) as the currently authorized long term disability plan for City employees. The City shall pay 100% of the premium for the employee as required by the AWC Employee Benefit Trust Underwriting rules. Section 5. Employee Assistance Program. The City Council hereby specifies the AWC Trust Employee Assistance Program as the currently authorized employee assistance program for eligible City Resolution 17-020 Specifying Insurance Plans and Health Related Benefits Page 1 of 2 DRAFT employees/Councilmembers. The City shall pay 100% of the premium for the employee/Councilmember as required by the AWC Employee Benefit Trust Underwriting rules. Section 6. Vision Care. The City Council hereby specifies the AWC Trust Vision Service Plan (VSP) $25 Co -Pay plan as the currently authorized vision care program for eligible City employees/Councilmembers. The City shall pay 100% of the premium for eligible employees/Councilmembers as required by the AWC Employee Benefit Trust Underwriting rules. Section 7. Health Reimbursement Arrangement Account The City shall establish Health Reimbursement Arrangement Accounts for eligible City employees and Councilmembers. The City shall also make contributions to these accounts in the amount of the deductible determined by the plan chosen by the employee or Councilmember and number of persons covered. The contributions to these accounts by the City shall be used for medical expenses as determined by the plan requirements. Section 8. Review and Adoption. Unless otherwise provided for by contract, the City Council shall periodically review the insurance plans and health related benefits of City employees/Councilmembers. Changes to the health related benefit programs shall be specified and approved as part of the annual budget adoption process, or adopted separately by resolution of the City Council. Section 9. Repeal of Resolution. The City Council hereby repeals Resolution No. 13-002. Section 10. Effective Date. This Resolution shall be effective January 1, 2018. Adopted this day of December, 2017. City of Spokane Valley L.R. Higgins, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Resolution 17-020 Specifying Insurance Plans and Health Related Benefits Page 1 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2017 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: CenterPlace West Lawn Master Plan GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: The adopted 2018 budget included funding for Phase 1 of the West Lawn Master Plan at the CenterPlace Regional Event Center. BACKGROUND: CenterPlace Regional Event Center opened in September of 2005. Since that time the usage of the event center as well as the west lawn has dramatically increased. More and more groups are utilizing the beautiful outdoor setting as a venue for their events. Valleyfest has utilized this space for the past 10 years. New community events are springing up that have taken advantage of all that CenterPlace and the west lawn has to offer. In 2017 the initial CRAVE and Oktoberfest events were held at CenterPlace and on the west lawn. While this space has generated a great deal of excitement, there are improvements that could be made to make this an outstanding community venue as well as a civic asset. Staff has been considering the development and expansion of the west lawn area as a way to add new community events and draw visitors to our City. With that in mind, the City has been working with Landscape Architect Michael Terrell in the development of a master plan for this area that would put CenterPlace on the event venue map not only for our City but for the Region. Staff presented an overview of the master plan development process along with a discussion of costs and phasing on November 21, 2017. That plan is now being brought forward for a motion consideration for approval. OPTIONS: Approve master plan as presented or with modifications. RECOMMENDED ACTION OR MOTION: Move to approve the CenterPlace West Lawn Master Plan as presented. BUDGET/FINANCIAL IMPACTS: Master Plan Phase 1 funding of $200,000 is included in the 2018 Adopted Budget. STAFF CONTACT: Michael D. Stone, CPRP, Director of Parks and Recreation ATTACHMENTS: PowerPoint Presentation 4.1 Siiiikane Valley REGIONAL EVENT CENTER CenterPlace West Lawn and North Meadow Master Plan MT • LA LANDSCAPE ARCHITECTURE PLANNING W W W. MT-LA.COM 2 CenterPlace West Lawn and North Meadow Master Plan Goal: Provide flexible, accessible outdoor spaces that increases support for existing events while increasing the type and number of potential events. Objective 1: Identify infrastructure necessary to support large and small events including events that have not been identified. Objective 2: Identify opportunities to phase implementation that will minimize disruption of events. Objective 3: Enhance accessible circulation for users of all abilities and to support setting up / taking down events. Objective 4: Increase the aesthetic appeal of CenterPlace for outdoor events and community gatherings. i ' - A, CenterPlace West Lawn and North Meadow Master Plan CenterPlace: West Li CenterPlace West Lawn and North Meadow Master Plan 3 CenterPlace: West Lawn CenterPlace West Lawn and North Meadow Master Plan 4 CenterPlace: West Lawn Events th' C.0 . 1)' we -661,41 CenterPlace West Lawn and North Meadow Master Plan CenterPlace: North Meadow CenterPlace West Lawn and North Meadow Master Plan 7 CenterPlace: North Meadow CenterPlace West Lawn and North Meadow Master Plan CenterPlace West Lawn and North Meadow: Process Meeting with CenterPlace Staff Key Issues: Electrical power for events Accessibility for events like weddings Storage and set up of event chairs and other support equipment. Water Brides / weddings like the grass area. Circulation from west lawn to CenterPlace Patio CenterPlace West Lawn and North Meadow Master Plan 8 1 CenterPlace West Lawn and North Meadow: Process Meeting with Valleyfest: Peggy Doering Key Issues: ► Electrical power for events ► Water Restrooms County Regs: Restroom/3 compartment sink within 200' of regulated food booths. ► Hot air balloon launch - space ► Car Show - flat lawn areas, access ► Access/clearance under trees ► Larger CenterPlace Patio? • Berm removal ► Stage would need back / roof to focus sound Service Area CenterPlace West Lawn and North Meadow Master Plan -Vtileyfest' Discover Spokane VaHey! CenterPlace West Lawn and North Meadow: Process Meeting with Crave Promoters: Karen and Tom Stebbins Key Issues: Electrical power for events Accessibility for events like Crave and Oktoberfest Flat Ground! North Meadow: really like this area. Needs to be flat and have power. Fencing or sleeves for posts: Access Control Restrooms ► Hardscape for use during rainy weather CenterPlace West Lawn and North Meadow Master Plan 10 =CODs : awn .E_EEEnn:w SPOKANE VALLEY Master Plan CenterPlace West Lawn and North Meadow Master Plan LEGEND: 1. CENTERPLACE 2. EXISTING EVENT PATIO 3. CENTERPLACE PLAZA 4. PERFORMANCE / WEDDING VENUE 5. EVENT SPACE / LAWN SEATING 6. LANDSCAPE SCREENING 7. NEW TURN AROUND 8. RESTROOM / SUPPORT BUILDING 9. STORAGE BUILDING 10. OPEN LAWN FOR EVENTS 11. PLAZA GATEWAY 12. VENDOR TENTS (10'X10') 13. FENCE 14. NEW PATH 15. NORTH MEADOW 16. NORTH MEADOW EVENT / WEDDING VENUE A, Master Plan: CenterPlace Plaza CenterPlace West Lawn and North Meadow Master Plan 12 Al Master Plan: CenterPlace Plaza enter ace Yvest awn an. ort ea ow Taster ' an Master Plan Grading for flatter lawn and plaza. Expanded / Permanent electrical service / lighting Rest room 200' Radius. Performance / Wedding Venue. Circulation: Accessible Open lawn area for events Storage building Phase 1 Grading: remove berm, regrade swales, adjust drywells. Create more level area for events. Sod and Irrigation Repairs 13 : A, Master Plan: North Meadow CenterPlace West Lawn and North Meadow Master Plan Master Plan Wedding/Event Venue with falls as backdrop. Improved circulation: Accessible Phase 1 Grading: create more level turf area for setting up events. Balloon Launch and Car Show Electrical Power stations for event connections Sod and Irrigation Street Trees 14 : A, PHASE 1 LEGEND: 1. GRADING; NEW TURF, IRRIGATION, AND STREET TREES 2. SWALE REMOVAL, GRADING, TURF AND IRRIGATION REPAIR 3. ELECTRICAL SERVICE A, Phase 1 Cost Estimate MOBILIZATION: $2,200.00 EROSION SEDIMENT CONTROL: $770.00 EARTHWORK: $23,000.00 STO RMD RAI NAGE: $2,000.00 • UTILITIES, ELECTRICAL: $37,300.00 • IRRIGATION: $18,800.00 • LANDSCAPE: $57,342.00 BONDING, PERMITTING, MISC: $3,200.00 A&tE (LA &t ELECTRICAL): $23,915.00 • A&tE (CIVIL): $2,000.00 TOTAL: $170,527.00 TAX: $15,006.38 CONTINGENCY (7.2%): $14,466.62 GRAND TOTAL: $200,000.00 CenterPlace West Lawn and North Meadow Master Plan MASTER PLAN MOBILIZATION: $9,500.00 ESC: $3,670.00 DEMOLITION: $83,640.00 EARTHWORK: $37,400.00 STORMDRAINAGE (NEW CULDESAC) $19,000.00 UTILITIES, ELECTRICAL: $150,000.00 FENCING: $29,500.00 PLAZA AND STREET CONSTRUCTION: $298,600.00 IRRIGATION: $44,595.00 LANDSCAPE: $184,150.00 GATEWAYS, PERFORMANCE AREA, SITE FURNISHINGS: $195,000.00 • BUILDINGS (RESTROOM, STORAGE) $315,000.00 • BONDING, PERMITTING, MISC: $16,683.00 • TAX: $122,032.94 • A&tE: $165,000.00 • CONTINGENCY (10%): $141,196.09 GRAND TOTAL (Excludes Phase!): $1,814,967.04 CenterPlace West Lawn and North Meadow Master Plan Any Questions? CenterPlace West Lawn and North Meadow Master Plan CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2017 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ❑ • new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Addendum to Police Precinct Lease Agreement GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Approved Precinct Building purchase on June 6, 2006; approved revised lease agreement on August 28, 2007. BACKGROUND: The City owns the Precinct Building and charges the County annual lease and maintenance based on their percentage occupancy of the building. The City's contracted law enforcement personnel occupy 85% of the building. The County is charged for the remaining 15% of space that is occupied by the District Court and by Sheriff's Office personnel providing services to the unincorporated County. The main purpose of the amended Lease Agreement is to 1) extend the term length one year with automatic annual renewals beginning in 2019, and 2) to formally adopt the County's current occupancy share. OPTIONS: Authorize the City Manager to execute the lease amendment or 2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute the Precinct Lease Amendment. BUDGET/FINANCIAL IMPACTS: There is no present year budget impact. In 2009 the City and the County first mutually agreed to the County's request to vacate certain portions of the building, effective beginning in 2009, and to reduce its percentage occupancy from 44% to the 15% that the County continues to occupy. This was presented to Council at the time as an admin report and mutually agreed to through a formal letter, however, in accordance with the Lease Agreement this was to have been adopted as an amendment to the Lease Agreement. This Amendment formally recognizes that earlier change. STAFF/COUNCIL CONTACT: John Pietro, Administrative Analyst ATTACHMENTS: 1) Addendum to the Precinct Lease Agreement 2) Lease Agreement 3) MOU concerning clarifying language to Lease Agreement ADDENDUM TO THE LEASE AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE, SPOKANE VALLEY THIS ADDENDUM is made and entered into by and between the City of Spokane Valley (hereafter referred to as "City") and Spokane County (hereafter referred to as "County"), hereafter jointly referred to as the "Parties." WITNESSETH: WHEREAS, this Addendum applies to the "Lease Agreement", which is comprised collectively of the Lease Agreement Between City of Spokane Valley and Spokane County regarding the Spokane Valley Precinct Building located at 12710 East Sprague, Spokane Valley executed by the County under Resolution No. 07-0750, and the City under signature dated September 13, 2007; and the MEMORANDUM OF UNDERSTANDING" (the "Modification") executed by the County under Resolution No. 14-0799, and the City under signature dated September 24, 2014; and WHEREAS, the City is the owner of certain premises located at 12710 East Sprague Avenue, Spokane Valley, Washington, 99216, which are used as the Spokane Valley Precinct Building, which primarily houses the City's contracted Law Enforcement Personnel; and WHEREAS, the Spokane County District Court presently utilizes a portion of the premises for adjudication of traffic infraction and small claims cases and the County also presently provides services to citizens in the unincorporated County from the Precinct Building; and WHEREAS, the Parties desire to make various modifications to the Lease Agreement, most substantively to extend the term length and to accurately reflect the County's current percentage occupancy of the Premises. NOW THEREFORE, for and in consideration of the mutual promises set forth hereinafter, and as provided for in the underlying document entitled Lease Agreement, the Parties do hereby agree as follows: 1. The second WHEREAS is modified as follows: WHEREAS, the City obtains police services from County and the Spokane County Sheriff through a separate Interlocal Agreement. Those police services are provided out of the Precinct Building, and currently comprise 56% 85% of the use of the Premises. 2. The third WHEREAS is modified as follows: WHEREAS, the Spokane County Sheriff also presently provides police services to citizens in the eastern part of unincorporated Spokane County from the Precinct Building. Additionally, Spokane County District Court presently utilizes a portion of the Premises for adjudication of traffic infractions and small claims cases. The uses by Spokane County currently comprise 44% 15% of the use of the Premises. 3. Section No. 1 PURPOSE is amended as follows: The purpose of this Lease Agreement is to set forth the PARTIES understanding regarding the terms and conditions under which the County may occupy a portion of the Premises. The County currently occupies 11% 15% of the Premises. 1 4. Section No. 3 CURRENT USE OF THE PREMISES is amended as follows: The City agrees to allow the County to use a portion of the Premises on a yearly basis. County currently uses 11% 15% of the Premises for various purposes including but not limited to use by the Spokane County Sheriff. The Parties anticipate that the County may continue to use up to 11% 15% of the Premises for criminal justice purposes or purposes not incompatible with criminal justice related purposesuntil December 31, 2017. 5. Section No. 5 TERM OF LEASE AGREEMENT is amended as follows: This Lease Agreement shall commence on January 1, 2018, and run through December 31, 2018. At the conclusion of the initial term, this Lease Agreement shall automatically be renewed from year to year thereafter effective January 1 through December 31.The Term of this Lease Agreement shall begin on September 1, 2007, and expire on December 31, 2017. In the event of a change in use of the Premises pursuant to Section 3, above, the term of the Lease Agreement may be modified. Either Party may terminate this Lease Agreement for any reason whatsoever upon 180 days written notice to the other Party, or as otherwise agreed in writing by the Parties. This 180 day requirement is in recognition of the need for advanced budgetary planning by both entities. 6. Section No. 6 LEASE PAYMENT is amended as follows: The base annual lease rate east for 2007 is $9.92 2017 is $11.57 per square foot. The Premises shall consist of 21,780 square feet for the purposes of calculating the lease rate and M&O rate. The County will be charged for their total square footage occupancy, currently 3,237 square feet. For each year thereafter, the lease rate shall be adjusted in an amount equal to the change in the Consumer Price Index (CPI) — All Urban Consumers. The change in the CPI will be calculated by taking the CPI average for the entire base year and comparing it to the CPI average for the subsequent year. For instance, the CPI average for 2446 2016 will be compared to the CPI average for the entire year of 2007 2017 and the percentage difference will be applied to the lease rate of 2007 2017 to determine the lease rate for 2008 2018. The CITY will bill the COUNTY for the cost of the lease payment as outlined, monthly, by the 15th of the month. Monthly payments will be calculated by dividing those annual costs set forth herein above by twelve (12). Payments by the County will be due by the 5th of the following month. The CITY, at its sole option, may change interest on any late payment calculated on any lost interest earning had the amount due been invested since the due date to the date of payment in the CITY'S investment pool. 7. Section No. 7, Paragraph No. 4, MAINTENANCE AND OPERATIONS COSTS is amended as follows: The City will provide maintenance of the Premises and charge the COUNTY for its proportionate use. The PARTIES agree that the estimated M&O will be based upon the City's budgeted M&O for the County's 11% 15% occupancy of the Premises. Monthly billings for 2 M&O will be determined by dividing that yearly amount by twelve. This formula will be used for each successive year in which this Lease Agreement is in effect. The CITY will bill the COUNTY for maintenance and operations costs by the 15th of the month. Monthly payments will be calculated by dividing those annual costs set forth herein above by twelve (12). Payments by the County will be due by the 5th of the following month. The CITY, at its sole option, may charge interest on any late payment calculated on any lost interest earning had the amount due been invested since the due date to the date of payment in the CITY'S investment pool. 8. Section No. 12 NOTICES is amended as follows: All notices or other communications given hereunder shall be deemed given on: (i) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such Party, or at such other address as either Party shall from time -to -time designate by notice in writing to the other Party: COUNTY: Chairman of Board of County Commissioners or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 10210 East Sprague Avenue Spokane Valley, Washington 99206 9. Section No. 16 DISPUTE RESOLUTION is amended as follows: Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by the COUNTY CEO and the CITY Manager. If the COUNTY CEO and the CITY Manager cannot resolve the dispute, it will be submitted to arbitration. The provisions of chapter RCW 7.04A shall be applicable to any arbitration proceeding. The County and the City shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter RCW 7.04A. The costs of the arbitration panel shall be equally split between the PARTIES. IN WITNESS WHEREOF, the Parties have caused this Addendum to be executed on the date and year opposite their respective signatures. 3 DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON AL FRENCH, Chair ATTEST: JOSH KERNS, Vice -Chair Clerk of the Board MARY KUNEY, Commissioner DATED: CITY OF SPOKANE VALLEY ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM ONLY: Office of the City Attorney Mark Calhoun, City Manager 4 Return To: • • City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 LEASE AGREEMENT BETWEEN CITY OF SPOKANE VALLEY ANI) SPOKANE COUNTY REGARDING THE SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE, SPOKANE VALLEY This Lease Agreement is entered into by the City of Spokane Valley (referred to as "City" or "Owner"), and Spokane County (referred to as "County" or "Tenant"), and jointly referred to hereinafter as the "Parties." WHEREAS, the City is the owner of certain premises located at 12710 East Sprague Avenue, Spokane Valley, Washington, 99216, which have been used as the Spokane Valley Precinct Building (referred to as "Precinct (Building" or "Premises"). WHEREAS, the City obtains police services from County and the Spokane County Sheriff through a separate interlocal agreement. Those police services are provided out of the Precinct Building, and currently comprise 56% of the use of the Premises. WHEREAS, The Spokane County Sheriff also presently provides police services to citizens in the eastern part of unincorporated Spokane County from the Precinct Building. Additionally, Spokane County District Court presently utilizes a portion of the Premises for adjudication of traffic infractions and small claims cases. The uses by Spokane County currently comprise 44% of the use of the Premises. WHEREAS, the Parties desire to enter into a lease agreement for the continued use of the Premises by Spokane County and the Spokane County Sheriffs Department. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties do hereby agree as follows: 1. PURPOSE. The purpose of this Lease Agreement is to set forth the Parties' understanding regarding the terms and conditions under which the County may occupy a portion of the Premises. The County currently occupies 44% of the Premises. 2. PREMISES. The terminology "Premises" shall mean that parcel of property located and any improvements thereon at 12710 East Sprague Avenue, Spokane Valley, Washington 99216. The legal description of the Premises is as follows: Precinct [,.case Agreement Page 1 of 8 07-77 • • Parcel number 45222.0227 Opportunity. The N 428 ft of the W '/2 of the W '/ of TR 162 and the N 428 ft of the W 1/2 of the E % of the W % of SD TR 162 and the W 10 ft of the N 428 ft of the E '/2 of the I? 1/2 of the W '/2 of SD TR 162. 3. CURRENT USE OF TJ{E PREMISES. The City agrees to allow the County to use a portion of the Premises on a yearly basis. County currently uses 44% of the Premises for various purposes including but not limited to use by the Spokane County Sheriff. The Parties anticipate that County may continue to use up to 44% of the Premises for criminal justice purposes or purposes not incompatible with criminal justice related purposes until December 31, 2017. 4. FUTURE. USE OF THE PREMISES. During the term of this Lease Agreement, the Parties agree that County may desire to decrease its percentage usage of the Premises, or City may desire to increase its percentage usage of the Premises. In that event, the Party desiring to change the usage ratio shall give written notice to the other Party by March 1 to become effective in the subsequent year. Any change in the usage ratio shall be done through an addendum to this Lease Agreement, and shall specify any change in the duration of the Lease Agreement, as set forth in Section 5, below. 5. TERM OF LEASE AGREEMENT. The term of this Lease Agreement shall begin on September 1, 2007, and expire on December 31, 2017. In the event of a change in use of the Premises pursuant to Section 3, above, the term of the. Lease Agreement may be modified. Either Party may terminate this Lease Agreement for any reason whatsoever upon 180 days written notice to the other Party. This 180 day requirement is in recognition of the need for advanced budgetary planning by both entities. 6. PAYiIENT. The base annual lease rate cost for 2007 is $9.92 per square foot. The Premises shall consist of 21,780 square feet for the purpose of calculating the lease rate and M&O rate. For each year thereafter, the lease rate shall be adjusted in an amount equal to the change in the Consumer Price Index (CPI) — All Urban Consumers. The change in the CPI will be calculated by taking the. CPI average for the entire base year and comparing it to the CPI average for the subsequent year. For instance, the CPi average for 2006 will be compared to the CPI average for the entire year of 2007 and the percentage difference will be applied to the lease rate of 2007 to determine the lease rate for 2008. The CiTY will bill the COUNTY for the cost of the lease payment as outlined, monthly, by the 15th of the month. Monthly payments will be calculated by dividing those annual costs set forth herein above by twelve (12). Payments by the COUNTY will be due by the 5th day of the following month. The CITY, at its sole option, may charge interest on any late payment calculated on any lost interest earning had the amount due been invested since the date due to the date of payment in the CiTY'S investment: pool. 7. MAINTENANCE AND OPERATIONS COSTS. Maintenance and operations costs (referred to as "M&.O") include various categories of items including utilities (electric, water, sewer), garbage, janitorial services, inspection services, City indirect costs, capital improvements and other miscellaneous M&.O costs. M&O costs do not include telecommunications services or computer and computer network services of any kind. M&O will be a number representing a square footage charge allocated to all occupants of the Premises based upon their percentage of square footage occupancy. The Parties acknowledge that there may be unanticipated, not budgeted M&O costs in any calendar year, as well as unanticipated, not Precinct Lease Agreement 1'age 2 of tt • • budgeted, capital improvements in any calendar year. The City Manager or designee shall notify the County Chief Executive Officer (CEO) or designee in writing on or before September 1 of each calendar year of the planned capital improvements for the Premises in excess of $4,999.99. City will consider the County's written comments on the planned capital improvements so long as they are received within fifteen (15) days of the date of the notification to County. The City's determination of the necessity of the capital improvements shall be binding on the Parties. The City Manager or designee shall advise the County CEO or designee of any unanticipated, not budgeted, capital improvements that may arise. The costs of any such capital improvements shall be allocated in the year of the improvement and shall not be amortized over the life of the improvement. The Parties understand that the cost of Capital Improvements over 550,000.00 would be assessed in the year in which the improvement was made. Provided, however, the PARTIES agree that the CiTY will establish an amortization schedule for each capital improvement actually incurred having an actual cost of over 550;000.00. The amortization schedule shall reflect the true estimated useful life of the capital improvement. The amortization schedule shall spread the CITY'S and COUNTY'S share of the capital improvement cost over the established time frame. For the purposes of this Lease Agreement, the COUNTY'S and CITY'S share shall be calculated based upon each PARTIES actual usage of the Premises in the year in which the capital improvement was made. The. CITY'S share shall include the share of all other users other than the COUNTY of the Premises. The amortization schedule may extend beyond the term of this Lease Agreement or any renewal thereof. If either party terminates the Lease Agreement, the CITY agrees to pay the COUNTY the un -depreciated portion of the amortization schedule for each capital improvement for which an amortization schedule had been prepared from the date of the termination to the end of the amortization schedule. This amount shall be paid within sixty (60) calendar days of any such termination. The CITY will provide maintenance of the Premises and charge the COUNTY for its proportionate use. The PARTIES agree that the estimated M&O will be based upon the City's budgeted M&O for the County's 44% occupancy of the Premises. Monthly billings for M&O will be determined by dividing that yearly amount by twelve. This formula will be used for each successive year in which this Lease Agreement is in effect. At the end of each calendar year, the PARTIES shall apply the actual expenditures and the actual occupancy percentage to determine the final cost. It is the PARTIES intent that any adjustment take place as soon as possible and accordingly will use their respective best efforts to timely prepare, disseminate and review all expenditure documentation. The COUNTY will have sixty (60) calendar days from its receipt of the expenditure documentation to provide the CITY with any written objections(s) to such documentation. The written objection(s) must specifically identify the expenditures) in question. The CiTY agrees to consider all written objections received from the COUNTY within thirty (30) calendar days of receipt of the objections(s). In the event that the PARTIES cannot mutually resolve any written objection(s) submitted by the COUNTY within the thirty (30) calendar day time frame, or such other time frame as the PARTIES may mutually agree, the objections shall be resolved pursuant to the dispute resolution provisions set forth in Section No. 16. Pending resolution of the objections(s), the PARTIES agree that the COUNTY shall pay that portion of the bill that is undisputed. To the extent that the COUNTY was over billed in any year and the Lease Agreement is still in effect, the CITY shall credit the COUNTY for such overpayment in the next monthly payment owing by the COUNTY. Provided, however, in the event the Lease Agreement is terminated at such time that the overpayment is determined, the CITY shall reimburse the COUNTY for any overpayment within thirty (30) calendar days. To the extent that the COUNTY was under billed in any year and the Lease Agreement is still in effect, the COUNTY shall reimburse the CITY for any underpayment in the next monthly payment owing by the Precinct Lease Agreement Page 3 of 8 • • COUN1Y. Provided, however, in the event the .Luse Agreement is terminated at such time that the underpayment is determined, the COUNTY shall reimburse the CITY for any underpayment within thirty (30) calendar days. Either Party may at its sole option charge interest on any overpayment or underpayment based on lost interest earning had the amount determined due been invested in the respective PARTIES investment pool at the end of the thirty (30) day time frame provided for hereinabove to the date of payment. Any resolution of a disputed amount through use of the arbitration process identified in Section 16 shall include at the request of either Party, a determination of whether interest is appropriate, including the amount. The CITY will bill the COU "TY for the cost of M&.O, as outlined, monthly, by the 1511' of the month. Monthly payments will be calculated by dividing those annual costs set forth herein above ley twelve (12). Payments by the COUNTY will be due by the 5 day of the following month_ The CITY, at its sole option, may charge interest on any late payment calculated on any lost interest earning had the amount due been invested since the date due to the date of payment in the CITY'S investnent pool. For the purpose of this Lease A ecment the CITY shall Furnish customary janitor/cleaning service, electricity for lighting and operating of low power usage office machines, heat, normal office air conditions, and common area maintenance, during ordinary business ours of the Precinct Building. 8_ MODIFICATION. The PART[ES may mod ify any terns contained in this Lease Agreement, but only by mutual written agreement. 9. ALTERATIONS, ATI.DiTIONS, OR BIPROVEMENTS. COUNTY shall not, without first: obtaining the wrritten consent of the CITY, make any alterations, additions, or improvements in, to, or about the Premises. 10. INSURANCE. COUNTY shall procure and maintain for the duration of the Lease Agreement, insurance against claims for injuries to persons or ctalnage to Premises which may arise from or in connection with the COUNTY'S operation and use of the Premises. No Limitation. COU.N71Y'S maintenance of insurance as required by the Lease Agreement shall not be construed to limit the liability of the COUNTY to the coverage provided by such insurance, or otherwise limit the CITY S recourse to any remedy available at law or in equity. A, Minimum Scope of Insurance - COUNTY shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be wrincn on Insurance Service Offices (1S0) occurrence form CG 00 01 and shall cover premises and contractual liability The C]TY. shall be named as an insured on COUNTY'S Commercial General Liability insurance policy using LSO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Precinct Lease Agreement F'age 4 of 8 • • 2. Property insurance shall be written on an all risk basis, minimum Amounts of Insurance COUNTY shall maintain the following insurance limits: a. Commercial General inability insurance shall be written with limits no less than $1,000 ,000 each occurrence, $2,000,000 general aggregate. b. Property insurance shall be written covering the full value of OOTJIli TY'S personal property and improvements with no coinsurance provisions. 13. Other insurance Provisions - The insurance policies are to contain, or be endorsed.to contain, the following provisions for Commercial GeneraI L_iahi]ity insurance: 1. The COUNTY'S insurance coverage shall be primary insurance with respect to the CITY. Any insurance, self-insurance pool coverage maintained by the CITY shall be excess of the COUNTY'S insurance and shall not contribute with it 2. The COUNTY'S insurance shall he endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, Iias been given to the CITY. C. Acceptability of .Insurers - Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:V II or with a risk pool_ D. Verification of Coverage - COUNTY shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the COUNTY. E. Waiver of Subrogation - COUNTY and CITY hereby release and discharge each other from al] claims, losses and Liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim; loss or liability is covered by insurance. F. City"s Property Insurance - CITY shall purchase and maintain during the term of the lease all-risk property insurance covering the Building for their frill replacement value without any coinsurance provisions. 1 1. INDEMNIFICATION AND HOLD HARMLESS. A. CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees from all claims, actions, suits, iia# ility, loss, costs, cxpcnscs, and damages of any nature, by any reason of or arising out of any negligent act or omission of the CITY, its officers agents, and employees relating to or arising out of its obligations under the terms of this Lease Agement, In the event that any suit based upon such claire, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to Precinct Least rlgrecment Page 5 of 8 • • participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its offices, agents, and employees or jointly against COUNTY and CITY and/or their respective officers, agents and employees, CITY shall satisfy the same. B. COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees from all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature, by any reason of or arising out. of any negligent act or omission of the COUNTY, its officers agents, and employees relating to or arising out of its obligations under the terms of this Lease Agreement. In the event that any suit based upon such claim, action, Toss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its offices, agents, and employees or jointly against COUNTY and CITY and/or their respective officers, agents and employees, COUNTY shall satisfy the same. C. The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW 51, respecting the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. 12. NOTICES. All notices or other communications given hereunder shall he deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such Party; or at such other address as either Party shall from time -to -time designate by notice in writing to the other Party: COUNTY: Chairman of Board of County Commissioners or his/her authorized representative 1 1 16 West Broadway Avenue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 • 13. COUNTERPARTS. This Lease Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. 14. ASSIGNMENT. Neither Party may assign in whole or part its interest in this Lease Agreement without thc written approval of the other Party. 15. WRITINGS CONTAINED HEREIN/D `DING EFFECT. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Lease Agreement. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. Precinct Lease Agreement )'age 6 of 8 • • I6. DISPUTE RESOLUTION. Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary, herein, such dispute shall first be reduced to writing and considered by the COUNTY CEO and the CITY Manager. If the COUNTY CEO and the CITY Manager cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter RCW 7.04 shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject. to judicial review as provided for in chapter RCW 7.04. The costs of the arbitration panel shall be equally split between the PARTIES. I7. VENUE STIPULATION. This Lease Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each Party that this Lease Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Lease Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. 18. SEVERA.HILiTY. The PARTIES agree that if any parts, terms or provisions of this Lease Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Lease Agreement. if it should appear that any part, term or provision of this Lease Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Lease Agreement shall be deemed to modify to conform to such statutory provision. 19. RECORDS. All public records prepared, owned, used or retained by the CiTY in conjunction with this Lease Agreement shall be deemed CiTY property and shall be made available to the COUNTY upon request by the COUNTY CEO subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. The CITY will notify the COUNTY of any public disclosure request under RCW 42.56 for copies or viewing of such records as well as the CiTY'S response thereto. 20. TIME OF ESSENCE FOR LEASE AGREEMENT. Time is of the essence for this Lease Agreement, and in case either Party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Lease Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. 21. UNCONTROLLABLE CIRCUMSTANCE/IMPOSSIBILITY OF PERFORMANCE. A delay or interruption in or failure of performance of all or any part of this Lease Agreement resulting from uncontrollable circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Lease Agreement resulting from any change in or new law, order, rule or regulation of any nature which makes complying with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the CITY Precinct Lease Agreement Page 7 of 8 • • which render legally impossible the performance by the CITY of its obligations under this Lease Agreement, shall be deemed not a default under this Lease Agreement. 22. NO WAIVER. No officer, employee, or agent of the C1i'Y or COUNTY has the power, right, or authority to waive any of the conditions or provisions of this Lease Agreement. No waiver of any breach of this Lease Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Lease Agreement at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. The failure of either Party to enforce, at any time, any of the provisions of this Lease Agreement or to require, at any time, performance by the other Party of any provisions shall not, in any way, affect the validity of this Lease Agreement or any part hereof, or the right of either Party to hereafter enforce each and every such provision. 23. SUPERSEDE CLAUSE. The Parties executed a document entitled "LEASE AGREEMENT (BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY R.EGAR.DING THE SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE, SPOKANE VALLEY" under Spokane County Resolution No. 2006-0584 and signed July 19, 2006 by David Mercier, City Manager. The execution of this Lease Agreement by the Parties, shall act as a termination of the above document and the provisions of this Lease Agreement shall supersede such document. DATED: /O BOARD OF COUN Y C MISSIONERS OF SPOKA tE ATTEST: CI f the Board Dante a Erickson DATED: q137 Christine Bainbridge, City Clerk APPROVED AS TO FORM ONLY: Office . J he City AM Precinct Lease Agreement ARK RICHA r:=> Chairman BONNIE MAGER, Vice -Chan 7)2t-e_Z4 TODD M:1EL KE, Commissioner ' s F SPOKANE VALLEY David Mercier, City Manager Page 8of8 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter "MOU") is entered into by and between the City of Spokane Valley (hereinafter "the City") and Spokane County (hereinafter "the County"), sometimes referred to jointly as "Parties". WITNESSETH; WHEREAS, the Parties executed a document entitled "LEASE AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE, SPOKANE VALLEY" dated September 13, 2007 by the City and October 2, 2007 by the County, whereby the Parties reduced to writing their understanding regarding the terms and conditions under which the County may occupy portions of a building located at 12710 East Sprague Avenue, Spokane Valley, Washington, 99216 ("Premises"); and WHEREAS, Section 7 of the Lease Agreement is entitled "MAINTENANCE AND OPERATIONS COSTS". The Parties have determined that it is appropriate to clarify certain language in Section 7 consistent with the Parties understanding of that Section. NOW, THEREFORE, the following understanding is agreed upon: 1. Parties. The Parties to this MOU are the City of Spokane Valley and Spokane County. 2. Purpose, The purpose of this MOU is to clarify the intent of the Parties as to certain terms and conditions set forth in that document entitled "LEASE AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE, SPOKANE VALLEY" ("the Lease Agreement") dated September 13, 2007 by the City and October 2, 2007 by the County. 3. Terms of the Memorandum of Understanding. The following costs, benefitting only the Spokane Valley Police Department, shall be excluded from the base costs used in the calculation of the County's share of Precinct maintenance and operation ("M&O"). (a) Capital: If the capital costs incurred in the Premises only benefits the Spokane Valley Police Department area, then City shall assume 100% of those costs. This includes, for example, the construction of the Spokane Valley Police Department's Administrative Lieutenant's Office, as well as the Spokane Valley Police Department's cubicle installation. If capital costs incurred in the Premises only benefits District Court, then County would be charged at 100% of cost. If capital costs, however, are shared for the Premises, then costs would be included in the base costs and charged to the County at its current percentage occupancy of the Premises, which is currently 15%. Page 1 of 3 ao1L-I8q (b) Precinct Maintenance and Operations: All Precinct maintenance costs that are uniquely specific to the Spokane Valley Police Department areas shall be excluded from the base costs used to determine County's share of the M&O. This would include such items as service calls/repairs to the police garage gate mechanism. The intent of this clarification would be to remove those expenses that do not have a similar use in the Court or other shared areas. (c) City Maintenance Staff time: City will not track its maintenance staff time, and corresponding staff costs, incurred on maintenance projects specific to the Party benefitting from the project. Instead staff time costs for maintenance projects will be considered as a cost allocable based upon square footage charges allocated to all occupants of the Premises. The reasons for this clarification are: (1) this maintenance is mostly carried out on projects that would be considered building -wide in nature or, if occurring in the Spokane Valley Police Department one year, would inevitably occur in the other areas at other times due to similar uses. An example is patching of a wall or repairing a door in the Court and/or Spokane Valley Police Department areas; (2) the costs incurred by City staff in such maintenance projects is minimal; (3) the County allocates similar facilities maintenance based on square footage; and (4) typically, capital projects are performed by contractors. 4. Other Provisions of Lease Agreement Remain Unchanged. All remaining provisions of the Lease Agreement are unaffected by this MOU and continue in full force and effect. 5. Effective Date. This MOU shall be in effect the day following the date the last signature is affixed hereto and govern the 2013 settle and adjust and all subsequent years of the Lease Agreement. IN WITNESS WHEREOF, the Parties have caused this MOU to be executed on date and year opposite their respective signatures. Page 2 of 3 DATED: I Q ' i t4- /4 ATTEST: Clerk of the Board Ve0qUQ1 Daniela Erickson 6 4-10v16161LLY BOARD OF COUNTY COMMISSIONERS OF SPOT ANE COUNTY, WASH vGTON �. 4/ AL FRENCH, hair TODD MIELKE, Vice -Chair DATED: \./o2W .Z51j 20 stifle Bainbridge, City Cl APPROVE r , TO FORM ONLY: Offic f the City orney Page 3 of 3 Commissioner CITY OF SPOKANE VALLEY Cagb-u*,-- e_pkirr NO. JLj-01gc BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MAI"1'ER OF EXECUTING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SPOKANE VALLEY REGARDING THE LEASE AGGREEMENT FOR THE SPOKANE VALLEY PRECINCT BUILDING RESOLUTION WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County, Washington ("Board" or "Board of County Commissioners") has the care of county property and the management of county funds and business; and WHEREAS, pursuant to the provisions of RCW 36.32.120(1), the Board of County Commissioners shall provide for the erection of court houses and other public buildings for the use of the County; and WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities may jointly contact between each other to perform functions which each may individual perform; and WHEREAS, pursuant to the above reference statutory provisions, the County executed an agreement with the City of Spokane Valley ("Parties") entitled "LEASE AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE, SPOKANE VALLEY" ("Lease Agreement") whereby the Parties reduced to writing their understanding regarding the terms and conditions under which the County may occupy portions of a building located at 12710 East Sprague Avenue, Spokane Valley, Washington, 99216 ("Premises"); and WHEREAS, the Parties desire to execute a Memorandum of Understanding to clarify the intent of the Parties as to certain terms and conditions set forth in Lease Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Spokane County, Washington, pursuant to the provisions of RCW 36.32.120(1), RCW 36.32.120(6), and chapter 39,34 RCW that either the chairperson of the Board or a majority of the Board be and is hereby authorized to execute that document entitled "MEMORANDUM OF UDNERSTANDING" wherein the County and City of Spokane Valley will clarify their intent as to certain terms and conditions set forth in that document entitled "LEASE AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE, SPOKANE VALLEY". Page 1 of 2 ATTEST: PASSED AND ADOPTED this f y ay of 0000-e--- —, 2014. Daniela Erickson, Cler1Vof o the ?bardY 0UINN, Commissioner BOARD OF COUNTY COMMISSIONERS OF ie. NE CO TY, WASHIN ON ier AL FRENC , SRIP TDD ELL 1 Vice Chair frZ Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2017 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: Intergovernmental Agreement for Commute Trip Reduction GOVERNING LEGISLATION: RCW 70.94 PREVIOUS COUNCIL ACTION TAKEN: The Council authorized the City Manager to execute interlocal agreement C11-146 on September 13, 2011, agreement C13-155 on August 27, 2013, and agreement C15-151, on December 29, 2015. BACKGROUND: The attached interlocal agreement is between Spokane County and the City of Spokane Valley. The agreement allows the Spokane County Commute Trip Reduction (CTR) department to retain the City's state -issued CTR funds in return for developing, implementing, and administering CTR plans and ordinances for all affected employers within the City of Spokane Valley. The CTR Law was passed by the State legislature in 1991 to address traffic congestion, air pollution and petroleum fuel consumption. The CTR Efficiency Act was passed in 2006 requiring local governments in urban areas with traffic congestion to develop programs that reduce drive -alone trips and vehicle miles travelled per capita. All employers with one hundred or more full time employees are required to implement CTR programs and make good faith efforts to achieving goals for reducing single -occupant vehicle trips. There are 18 affected employers in Spokane Valley. This agreement replaces the previous agreement, C15-151, which expired on June 30, 2017. The agreement is for two years and expires on June 30, 2019. The agreement aligns with the state budget cycle but each new agreement comes out a few months after the previous cycle has ended. The County continues to provide services through the interim period. There are no substantive changes from the previous agreement. The legal department has reviewed the agreement. OPTIONS: 1.) Authorize the City Manager to execute the agreement; 2.) request changes or more information; 3.) Have the City assume responsibility for overseeing the CTR programs for all affected employers in the City. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute the Interlocal Agreement Between Spokane County and the City of Spokane Valley Regarding Commute Trip Reduction Implementation. BUDGET/FINANCIAL IMPACTS: The County would retain the City's state -appropriated funds of $63,519.30. If the agreement is not approved the City would have to dedicate these funds to the CTR program and administer the CTR programs of all 18 affected employers in Spokane Valley. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: Interlocal Agreement DRAFT INTERGOVERNMENTAL AGREEMENT Between Spokane County and the City of Spokane Valley Regarding Commute Trip Reduction Implementation THIS AGREEMENT, made and entered into by and between the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at 10210 E. Sprague Ave, Spokane Valley, WA, 99206, hereinafter referred to as the "City" and Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at West 1026 Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the "County," jointly hereinafter referred to as the "Parties." WITNESSETH WHEREAS, the Washington State Legislature has adopted legislation codified in RCW 70.94.521 through 555, the purpose of which is to improve air quality, improve transportation system efficiency and reduce the consumption of petroleum fuels through employer -based programs that encourage the use of alternatives to the single occupant vehicle for commute trips and reduce vehicle miles traveled (VMT); and WHEREAS, RCW 70.94.527 requires counties containing urban growth areas and cities and towns with "major employers," that are located within urban growth areas with a state highway segment exceeding the threshold of one hundred person hours of delay or jurisdictions that are located in contiguous urban growth areas, or are within an urban growth area with a population greater than seventy thousand people that adopted an ordinance before the year 2000 or jurisdictions that are located in contiguous urban growth areas, or contain a major employment installation in an affected county to develop ordinances, plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips, and thereby reduce vehicle -related air pollution, traffic congestion and energy use, and WHEREAS, the County and each affected city within Spokane County have adopted Commute Trip Reduction Ordinances and must implement a Commute Trip Reduction (CTR) Plan for all major employers; and WHEREAS, the Washington State Department of Transportation (WSDOT) Public Transportation Division is responsible for administering funds on behalf of the state Legislature and is desirous of making available to Spokane County certain funds and requiring Spokane County to enter into agreements through the Interlocal Cooperation Act or by Resolution or Ordinance as appropriate with other jurisdictions, local transit agencies, or regional transportation planning organizations to coordinate the development, implementation and administration of CTR Plans and Ordinances as described in RCW 70.94.521-555. WHEREAS, Spokane County has entered into an agreement with WSDOT under Agreement No. GCB2761, hereinafter referred to as "WSDOT Agreement," pursuant to which Spokane County is eligible to receive a reimbursable amount of funds which the County will distribute to itself and cities to implement and administer CTR Plans and Ordinances; and Page 1 of 11 — Commute Trip Reduction Interlocal Agreement DRAFT WHEREAS, Spokane County has allocated $63,519.30 to the City from the Agreement No. GCB2761 which the City is now desirous of making available to the County to perform those tasks which are the responsibility of the City. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, and as authorized under chapter RCW 70.94.527 (5), the parties hereto do mutually agree as follows: Section 1: PURPOSE The County has entered into a WSDOT Agreement with WSDOT under which it will receive $367,001 for two years. This funding is to be allocated to the County and cities within Spokane County for their use in the implementation and administration of their CTR Plans and Ordinances. The County, based upon an allocation formula established by the WSDOT, has determined that the City shall receive $63,519.30 from the WSDOT Agreement from which it shall perform certain tasks. The City agrees to its proportionate share of the monies made available to the County in the WSDOT Agreement and agrees to allow Spokane County to retain its proportionate share in consideration of the County performing those tasks as more particularly set forth in "Attachment A" attached hereto and incorporated herein by reference. In conjunction with allowing the County to retain its proportionate share of monies, the City will execute any and all necessary documents which may be required by WSDOT. It is understood by the parties hereto, that in order for the County to perform those tasks as set forth in Attachment "A" for the City, the City must perform certain tasks. Attached hereto as Attachment "B" and incorporated herein by reference, is a listing of tasks which the City agrees to perform in conjunction with the County performing those tasks set forth in Attachment "A." Section 2: DURATION The County agrees to provide those tasks set forth in Section 1 and complete performing such tasks on or before June 30, 2019. Section 3: TERMINATION The parties agree that this Agreement may be terminated by either party for material breach of any provision set forth herein, upon ninety (90) days advance written notice to the other party at the address set forth hereinabove. Provided, however, the parties agree that any notification of termination shall set forth the specific provision(s) for which such notification is being provided and additionally, advise that if such default is cured within such ninety (90) day time frame, said termination notification shall be of no force and effect. In the event of termination, the County agrees to provide to the City all written documentation which it has completed to the date of termination under the terms of this Agreement. Additionally, the County agrees to return to the City that portion of the monies set forth in Section 1 hereinabove, which has not been expended by the county, prior to the date of termination, on the City's behalf in providing those tasks as set forth in Attachment "A." Page 2 of 11 — Commute Trip Reduction Interlocal Agreement DRAFT Provided, further, the parties recognize that the WSDOT in Agreement No. GCB2761, has retained the right to unilaterally terminate all or a part of such contract if there is a reduction of funds from the funding source. Accordingly, in the event that the WSDOT terminates all or part of the WSDOT Agreement with Spokane County, and such action affects the allocation of funds by the County to the City herein, and/or modifies the tasks to be performed hereunder, the parties will immediately meet to renegotiate the provisions of this Agreement. Section 4: DESIGNATION OF ADMINISTRATOR The County hereby designated Ms. LeAnn M. Yamamoto, the Spokane County Transportation Demand Management Manager, as its designee for the purpose of administering and coordinating the County's responsibilities under the terms of this Agreement. Section 5: ACQUISITION/DISPOSITION OF PROPERTY The parties hereto agree that any real or personal property acquired by the County with those monies made available to the County by the City under Section 1 hereinabove shall be and remain the sole property of the County upon acquisition and/or termination of this Agreement. Section 6: COMPLIANCE WITH LAWS The County agrees to observe all applicable federal, state and local laws, ordinances and regulations including, but no necessarily limited to, the Americans with Disabilities Act and chapter 49.60 RCW, to the extent that they may have any bearing on performing those tasks for the City as set forth in Section 1 hereinabove. Additionally, the County agrees to comply with all applicable funding audit requirements of WSDOT in conjunction with performing those tasks for the City. The County agrees to make available to the City or its duly authorized representative during normal County business hours and all records which it has kept in conjunction with providing those services for the City as set forth herein above. Section 7: NOTICES All notices or other communications given under this Agreement shall be considered given on the day such notices or other communications are received when sent by personal delivery; or the third day following the day on which the notice or communication has been mailed by certified mail delivery, receipt requested and postage prepaid addressed to the other Party at the address set forth below, or at such other address as the Parties shall from time -to -time designate by notice in writing to the other Party: CITY: City Clerk City of Spokane Valley 10210 E. Sprague Ave Spokane Valley, WA, 99206 Page 3 of 11 — Commute Trip Reduction Interlocal Agreement DRAFT COUNTY: Board of County Commissioners Spokane County Courthouse 1116 West Broadway Avenue Spokane, Washington 99260 Section 8: HEADINGS The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they appertain. Section 9: MODIFICATION No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present Agreement. Section 10: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. The City has read and understands all of this Agreement, and now states that no representation, promise or agreement not expressed in this Agreement has been made to induce the City to execute the same. Section 11: LIABILITY The County shall indemnify, defend and hold harmless the City, its officers and employees from all claims, demands, or suits in law or equity arising from the County's intentional or negligent acts or breach of its obligations under the Agreement. The County's duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the City, its officers and employees. The City shall indemnify, defend and hold harmless the County, its officers and employees from all claims, demands, or suits in law or equity arising from the City's intentional or negligent acts or breach of its obligations under the Agreement. The City's duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the County, its officers and employees. If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity and/or Page 4 of 11 — Commute Trip Reduction Interlocal Agreement DRAFT omission giving rise to liability shall accept all liability for the other Party's officer or employee's negligence. Each Party's duty to indemnify shall survive the termination or expiration of the Agreement. Each Party waives, with respect to the other Party only, its immunity under RCW Title 51, Industrial Insurance. The Parties have specifically negotiated this provision. Section 12: ANTI -KICKBACK No officer or employee of the City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. Section 13: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington. This Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any of its provisions, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. Section 14: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. Section 15: SEVERABILITY If any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. Section 16: RCW 39.34 REQUIRED CLAUSES A. PURPOSE: See Section 1. B. DURATION: See Section 2. Page 5 of 11 — Commute Trip Reduction Interlocal Agreement DRAFT C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate legal or administrative entity is created to administer the provisions of this Agreement. D. RESPONSIBILITIES OF THE PARTIES: See Agreement provisions. E. AGREEMENT TO BE FILED: The City shall file this Agreement with its City Clerk. The County shall file this Agreement with its County Auditor or place it on its web site or other electronically retrievable public source. F. FINANCING: See Section 1. G. TERMINATION: See Section 3. H. PROPERTY UPON TERMINATION: See Section 5. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year as noted below. CITY OF SPOKANE VALLEY BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Mark Calhoun, City Manager Date: Approved by: Office of the City Attorney Chair Date: Vice Chair Date: Commissioner Date: ATTEST: ATTEST: Christine Bainbridge, City Clerk Ginna Vasquez, Clerk of the Board Page 6 of 11 — Commute Trip Reduction Interlocal Agreement DRAFT Exhibit I Funding Allocation Methodology RCW 70.94.544 authorizes the CTR Board to determine the allocation of program funds made available for the purpose of implementing CTR plans. The funding allocated for local implementation of CTR activities in July 1, 2017 through June 30, 2019 is based on the decision taken by the CTR Board at its June 19, 2017 meeting. At that meeting, the CTR board passed a motion to continue the existing funding policy and grant the same allocation from the previous biennium to implementers in the 2017-2019 biennial allocation. Page 7 of 11 — Commute Trip Reduction Interlocal Agreement DRAFT ATTACHMENT "A" STATEMENT OF WORK The County will: 1. Promote consistency within all affected local government jurisdictions within Spokane County, while serving the City's specific needs. 2. Maintain and administer the City's CTR Ordinances and Plan. 3. Employ a full-time Transportation Demand Management Manager to administer the County's and City's CTR Plans and Ordinances. 4. Take reasonable measures to identify and notify all affected employers within the City. 5. Assist each affected employer within the City in preparing a program and promoting the principles of Transportation Demand Management (TDM) with the employer's employees. 6. Maintain an appeals process consistent with RCW 70.94.537(2)(e) by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or modification of those requirements and criteria for determining eligibility for waiver or modification. Within 30 days from the date of approval, submit to WSDOT the name and employer identification code for any worksite that has been granted an exemption. Include information about the duration of all exemptions and information on the type of modification granted. 7 Submit to WSDOT periodic progress reports summarizing the overall CTR implementation costs incurred by the County and shall be reported in a format provided by WSDOT. 8. Provide WSDOT with a public hearing notice and copies of any proposed amendments to the CTR ordinance, plan, and/or administrative guidelines within the first week of the public review period and final copies of all actions within one (1) month of adoption. 9. Coordinate and administer baseline and measurement CTR employer surveys. Provide employer survey assistance, training and state -supplied survey forms. 10. Notify WSDOT prior to sending any surveys to University of Washington for processing. The notification must include the name of the worksite, employer identification code and type of survey for each survey being submitted for processing. The notification shall be submitted as an electronic spreadsheet via electronic mail. The County agrees to wait for confirmation from WSDOT prior to sending or delivering the surveys for processing. Page 8 of 11 — Commute Trip Reduction Interlocal Agreement DRAFT 11. Provide WSDOT with updated lists of affected worksites and jurisdiction contacts on a periodic basis or as requested by WSDOT. These updates will be submitted electronically in a format specified by WSDOT. 12. Continue to monitor the programs of each of the affected employers in the City to determine compliance with the CTR Ordinance and Plan. Complete annual review of employer CTR programs including a determination as to whether the employer is acting in good faith to meet the goals established by the CTR Law. 13. Provide on-going support to all employer designated Employee Transportation Coordinators (ETCs) and assist ETCs in facilitating regular employer networking opportunities and obtaining information necessary to perform their duties including information materials that explain a range of measures and activities to encourage employee use of commute alternatives. 14. Market available services to affected employers to assist in accomplishing CTR goals. 15. Work collaboratively with and provide technical guidance and support to employers in developing successful CTR programs. 16. Conduct at least one Basic ETC Training Course per year, using WSDOT-provided ETC Handbook and other training materials reviewed and approved by WSDOT. 17. Provide employers with written information on basic requirements of the CTR ordinance and goals set forth in approved CTR plans. 18. Attend transportation or health/benefits fairs at affected employer worksites to encourage high -occupancy vehicle commuting and promote the employer's CTR program. 19. Design, construct and distribute worksite Commuting Options Boards. Provide professional materials such as brochures, flyers, posters, newsletters, clip art and other tools to assist employer implementation of worksite CTR programs. 20. Provide all affected employers with the WSDOT-approved "Program Description & Employer Annual Report" form. Ensure completed reports are submitted by affected employers to meet applicable deadlines. 21. Submit to WSDOT periodic invoices along with progress reports that accurately assess the progress made by County, on behalf of City, in implementing RCW 70.94.521-555. Report contents include: a. Detailed summary of CTR events and projects, including implementation assistance provided to affected employers within the City; b. Actual total CTR expenditures used by the County for all state CTR funds expended by the County during the previous quarter for the purpose of CTR implementation using WSDOT pre -approved format; Page 9 of 11 — Commute Trip Reduction Interlocal Agreement DRAFT c. Updated list of affected employers and worksites (electronic); d. Total number of worksites by jurisdiction; e. List of sites which have applied for exemptions or modifications; 22. Establish and maintain books, records, documents and other evidence and accounting procedures and practices sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred solely for the performance of this Agreement. Establish and maintain a separate "CTR Account" within Spokane County along with supporting documentation such as payroll and time records, invoices, contracts, vouchers or products proving in proper detail the nature and propriety of the charges. 23. Participate in local implementation of statewide CTR public awareness and recognition programs developed by WSDOT. 24. Offer recommendations to the City for policies on parking and site design which will encourage the use of alternative transportation modes. 25. Encourage employers to develop site designs and improvements to office and industrial sites that promote the use of alternative transportation modes. 26. Assist WSDOT with CTR evaluation. 27. Serve as liaison between WSDOT and cities, towns, transit agencies and regional transportation planning organizations for the purpose of RCW 70.94.521-555. 28. Continue applying for funding opportunities to further encourage the use of commute alternatives. Page 10 of 11 — Commute Trip Reduction Interlocal Agreement DRAFT ATTACHMENT "B" STATEMENT OF WORK The City will: 1. Provide Spokane County with copies of any proposed amendments to the CTR Plan and Ordinance. 2. Provide Spokane County with copies of any CTR -related amendments to parking ordinances prior to public review. 3. Develop, implement and maintain its own CTR Program as an affected employer or as otherwise specified in the CTR Board Guidelines or RCW 70.94.521-555. 4. Reimburse the County for the services provided by this Agreement in an amount equal to the City's share of the CTR funding as provided in RCW 70.94.544. Page 11 of 11 — Commute Trip Reduction Interlocal Agreement CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2017 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ® new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Approval of Solid Waste Drop -Box Collection Services Contracts with Sunshine and Waste Management PREVIOUS COUNCIL ACTION TAKEN: Administrative Report March 29, 2016, May 31, 2016, August 30, 2016, September 13, 2016, and October 4, 2016. On October 4, 2016, City Council gave consensus for staff to release the RFP with changes as directed. On February 14, 2017, City Council received a report on the next steps for the RFP selection process. On March 7, 2017, City Council received a report on the initial rate, alternatives, and contract modification results. On April 4, 2017, City Council selected Waste Management to provide solid waste collection, recycling, and compostable services under an exclusive contract, and selected Waste Management, Sunshine, and Waste Connections to provide drop -box collection services under non-exclusive contracts. On May 23, 2017, City Council approved the contract with Waste Management for solid waste collection, recycling, and compostable services and authorized its execution. Administrative report on the drop -box contracts on December 5, 2017. BACKGROUND: On November 17, 2014, the City entered into contracts for solid waste collection services with Waste Management of Washington, Inc. (Waste Management) and Sunshine Disposal, Inc. (Sunshine) to cancel their G -Certificates, extinguish any remaining rights to "measurable damages," and to allow the City to fully assume control of solid waste collection. These contracts maintain the prior services provided by Waste Management and Sunshine under their G -Certificates and terminate on March 31, 2018. Beginning in early 2016, the City undertook an extensive process to procure long-term solid waste collection services to commence after the current contracts terminate. This competitive request for proposals process has allowed the City to obtain some additional services (described in more detail below) along with lower competitive rates, while still maintaining conformity with the City's adopted Solid Waste Management Plan. At the April 4, 2017 meeting, staff reviewed the scoring and recommendation for the three responsive haulers. After discussion, City Council voted to add two alternatives to the contract: requiring all subscribers to use hauler -provided carts, resulting in a savings in rates, and including the alternative for an annual one time on-call bulky item pick-up option for subscribers, resulting in a minor addition to the rates, though overall rates are still lower than current rates. City Council also voted to select Waste Management to provide solid waste, recycling, and compostable collection for single-family residential, multifamily residential, and commercial services under an exclusive contract. Further, City Council voted to select Waste Management, Sunshine, and Waste Connections to provide drop -box services under three non-exclusive contracts. Finally, as part of its votes, City Council authorized the City Manager to finalize contracts with the selected haulers and to bring the final contracts back for City Council approval. On May 23, 2017, City Council considered and approved the final exclusive contract to provide solid waste, recycling, and compostable collection for single-family residential, multifamily residential, and commercial services with Waste Management. That contract contains the main Page 1 1 portion of solid waste services within the City, including all single-family residential, multifamily residential, and commercial subscription solid waste, recycling, and compostable services. It included the two alternatives selected by City Council: Alternative one: Universal carts. Under this alternative, the Contractor will provide all single-family and commercial can customers a wheeled cart to use instead of cans. Alternative three: On-call household clean-up. This alternative provides for customers to receive an annual removal of (1) one cubic yard of garbage weighing not more than 65 pounds and (2) two large bulky items (such as appliances, couches, mattresses etc.) as part of their garbage subscription. It also includes an administrative fee of 1.0%. The administrative fee is included in all services under this contract. It is embedded in the fees on customer invoices and is used by the City for management of solid waste, including management and administration of the contract. Since May 23, 2017, the City has been working to finalize the non-exclusive contracts for drop - box, or also called roll -off, solid waste services with Sunshine, Waste Connections, and Waste Management. Initially, Waste Connections notified the City that since it did not have established operations already existing, it did not believe it was cost effective for them to begin services at this point for the smaller revenue value drop -box contract. Thus, the City continued working with Sunshine and Waste Management to finalize the drop -box contract. This process took more time than anticipated because the original contract was set up for comprehensive solid waste, recycling, and compostable services and had to be modified substantially to fit drop -box services. Drop -box services involve much more basic types of collection service. Generally, there are a limited number of sizes of drop boxes ranging from 10 to 40 cubic yards in size. These are provided to customers upon request and are generally removed upon request, although some customers do have recurring pick-ups. Drop off and pick-up of a drop box occurs with one truck, as it uses a winch to roll the box onto the back of the truck. Thus, each truck must drop its current load before it can service any other customers. Many of the customer service requirements that are necessary for residential subscription services do not exist with drop -box services. Thus, staff and the selected providers have worked extensively to pare down the contract to fit the nature of drop -box services. Further, just as occurred in the primary contract with Waste Management, there were a number of technical, minor operational, and rate details that were worked out to ensure smooth operations during the term of the contract. The City and Sunshine and City and Waste Management have come to agreement on a final contract and staff is now presenting the final non-exclusive contracts with Sunshine and Waste Management for comprehensive solid waste drop box collection services for City Council approval. The final contracts reflect the general terms of the draft distributed as part of the RFP, including: • Ten-year term, with two optional two-year renewals. • Timely and complete drop box service for sizes ranging from 10 cubic yard to 40 cubic yards. • Multifamily recycling offered to any multifamily unit that is primarily served by drop box solid waste service. • Customer service and reporting requirements. Page 1 2 • Set rates with a known annual escalator that is limited to 90% of CPI. Rates also are a "cap" that cannot be exceeded, but haulers may offer lower rates. The primary changes from the draft distributed as part of the RFP are as follows: • Separated drop -box services into separate non-exclusive contracts. This required removal of a number of sections related to single family and multifamily solid waste services, compostable services, single-family recycling services, and commercial services. The City worked with both haulers to prepare two contracts that are substantially the same for continuity of services amongst the providers and for ease of management from the City side. • Removed vehicle age requirement and added requirement for maintenance reporting that must be available upon request. Further, vehicles that are not presentable, in safe operating condition, are not washed, or that are leaking may be required to be removed until they are brought up to the required condition. • Clarifying that pursuant to the Spokane Valley Solid Waste Management Plan, multifamily recycling is an optional fee-based service available where applicable. There are a few existing instances where multifamily complexes use drop boxes as their primary garbage service. Thus, since the RFP option was for the status quo arrangement, this allowance has been retained. However, in the event a multifamily complex uses drop boxes as its main garbage service, it must be given information and encouraged to recycle. As in the main contract, multifamily recycling is not required. • Incorporated each hauler's company details, such as company name, notification information, etc. throughout the contract. • Incorporated all changes that were accepted during the RFP open period pursuant to distributed addenda. • Incorporated minor grammatical and definitional changes for consistency throughout the contract. • Incorporated minor operational changes. These changes conform to current Hauler practices and do not change the substance of the contract, but will assist with operational efficiencies. Examples include allowing containers to be of the currently used colors rather than requiring them to be gray and allowing for customer notification via phone or other methods at contractor's choosing. • Setting the City's contract administration fee at 0.0%, but allowing for it to be increased in the future in the event the City determines it is necessary. Currently, staff determined that the revenue received from an administrative fee on drop box services would not justify the staff time and resources necessary to collect and administer it. Upon execution of the drop box contracts, the City will completely be managing solid waste collection. Staff will continue working with the new contracted haulers in implementing the contracts and preparing for the contract start date on April 1, 2018. As part of that process, staff will work with the contracted haulers to review the City's options, such as code amendments or other enforcement options, for ensuring that only contracted haulers are allowed to provide solid waste collection services within the City in order to keep the rates low through the period of the contract. Page 1 3 OPTIONS: Since there are two contracts, there will be a separate motion for each contract. It is anticipated these will be made after the staff presentation that covers both contracts. (a) Motion to approve the contract with Sunshine Disposal Inc. for comprehensive drop -box container collection services in substantially the form as presented and to authorize the City Manager to execute such contract; or take other action as deemed necessary or appropriate. (b) Motion to approve the contract with Waste Management for comprehensive drop -box container collection services in substantially the form as presented to authorize the City Manager to execute such contract; or take other action as deemed necessary or appropriate. RECOMMENDED ACTION OR MOTIONS: (a) I move to authorize the City Manager to finalize and execute the contract with Sunshine Disposal Inc. for comprehensive drop -box container collection services in substantially the form as presented. (b) I move to authorize the City Manager to finalize and execute the contract with Waste Management for comprehensive drop -box container collection services in substantially the form as presented. BUDGET/FINANCIAL IMPACTS: Staff time for administration and management of the solid waste collection contract; collection of an administrative fee on the main solid waste, recycling, and compostables contract to cover staff costs and assist with management of solid waste within the City. City has contracted with Epicenter Services, LLC, to assist with the competitive procurement process. The contract provides for the City to pay Epicenter up to $47,500 for services. Costs for the consultant will be reimbursed from the City's solid waste administrative fee in the main solid waste, recycling, and compostables Waste Management contract. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst; Henry Allen, Engineer - Development; Erik Lamb, Deputy City Attorney ATTACHMENTS: Proposed Contract with Sunshine Recyclers Inc. for Comprehensive Drop -box Container Collection Services. Proposed Contract with Waste Management for Comprehensive Drop -box Container Collection Services. Page 1 4 Comprehensive Drop -box Container Collection Contract City of Spokane Valley And Sunshine Disposal Inc. (db a Stirishine Disposal & Recycling) April 1, 2018 — March 31, 2028 Comprehensive I1rop-box Container Collection Contract Table of 'Contents RECITALS 1 AGREEMENT 1 DEFINITIONS 2 2. CONTRACTOR REPRESENTATIONS AND WARRANTIES 5 3. SCOPE OF WORK 6 3.1 GENERAL COLLECTION SYSTEM REQUIREMENTS 6 3.1.1 City Service Area 6 3.1.2 Annexation 6 3.2.3 Service to Customers on Private Rods and Driveways 7 3.1.4 Hours/Days of Collection 7 3.1.5 Employee Conduct S 3.1.6 Nofiday Schedules 8 3.1.7 Inclement Weather S 3.1.8 Suspending Collection from Problem Customers 9 3.1.9 Missed Collections 9 3.1.10 Requirement to Recycle; Maintaining Quality Assurance Through Monitoring 9 3.1.11 Vehicle and Equipment Type/Condition/Use 10 3.1.12 Container Requirements and Ownership 11 3,.1.12.1 Recyclables Carts for Multifamily Complex Customers 11 3.1,12.2 Detachable Containers and Drop -box Containers 12 3.1.12.3 Ownership 13 3.1.12.4 Container Colors and Labeling 13 3.1.12..5 Container Viteights 13 3.1.12.6 Container Removal Upon City or Customer Request 74 3.1.12.7 Container Placement 14 3.1.13 inventory of Equipment, Vehicles, Facilities and Containers 14 3.1.14 Spillage 14 3.1.15 Disruption DOe to Construction 15 3.1.16 Contractor Planning and Performance Under Labor Disruption 15 3.1.17 Site Planning and Building Design Review 16 3.1.18 Safeguarding Public. and Private Facilities 17 3.1.19 Transition and implementation of Contract 17 3.1.20 Performance Review 17 3.1.21 Continual Monitoring and Evaluation of Operations 18 3.1.22 Collection/lJispo_saI Restrictions 18 3.1.23 Emergency Response 19 3.2 COLLECTION SERVICES 19 3.2.1 Multifamily Complex Recyclables Collection 19 3.2.3„1 Subject ivlateriais 799 3.2.1.2 Containers 19 3.2.1.3 Specific Collection Requirements 19 3.2.2 Drop -Box Container Garbage Collection 20 3.2.2.1 Subject Materials 20 City of Spokane Valley Coinprcllcltsivc Drop -lox C'outainer Collection Contract Stmsllirtc Disposal Ioc. December, 20 17 3.2,2.2 Containers 20 3.2.2.3 Specific Collection Requirements 20 3.2.3 Temporary (Non -Event) Container Customers 20 3.2.4 Excluded Services 2(1 3.3 COLLECTION SUPPORT AN r) MANAGEMENT 20 3.3.1 General Customer Service 20 3.3.2 Specific Customer Service Requirements 21 3.3.2.1 Customer Service Representative Staffing 21 3,3.22 City Costumer Service 21 3.3.2.3 Service Recipient CompiaintS Ond Requests 22 3.3.2.4 Handling of Customer Cans 22 3.32.5 Corrective measums 3.3.2.6 Contractor Internet ttlabslte 22 3.3.2.7 [Lill Knowledge of Garbage and ReCVSlables Programs Required 23 3.3.2.8 Customer Communications 23 3.3.3 Customer Billing Responsibilities 24 3.3.4 Reporting 25 3.2.4.1 Annual Reports 25 3.3.4.2 Ad Hoc Reports 26 3.3.4.3 Other Reports 3.3.5 Promotion and Education 27 3.3.6 Transition to Next Contractor 27 4. COMPENSATION 28 4.1 COMPENSATION I 0 11-16 CONTRACTOR 23 4.1.1 Rates 28 4.1 2 itemization Of, Invoxes 28 4.2 COMPENSATION ro THE CITY 29 4.3 C0rv1KNSATION ADJUSTMENTS 29 4.3.1 Annual CPI Modification 29 4.3.2 Changes in Disposal Processing Sites 30 4.3,3 Other Modifications 30 4,33.1 New or Changes in Existing Taxes 4.3.3.2 Changes in Service Provision 31 II .4 CHANG17 IN LAW 3 a 5. FAILURE TO PERFORN1, REMEDIES, TERMINATION 31 5.1 PERFORMANCE FEES 31 5.2 CONTRACT DEFAULT 33 6. NOTICES 34 7. GENERAL TERMS 35 7.1 COLLECTION RIGH -1 35 7.2 ACCESS TO RECORDS 35 7.3 INSURANCE 36 7.3.1 Minimum Scope of insurance 35 7.3.2 Minimum Amounts of Insurance, 37 7.3.3 Other insurance Provisions 37 7.3.4 Acceptability of Insurers 37 7.2.5 Verification of Coverage 38 7.3.6 Subcontractors 38 7.3.7 ACORD Form 3,f3 City of Spokane Valley C: on preh en s ive DrOp-hox Co Oa infer COReeti.011 CO rani et Sunshine Disposal Inc. December, 2017 7.4 PERFORMANCE BOND 38 7.5 INDEMNIFICAI ION 38 7.6 CONFIDENTIALITY Or INFORIvlATION 39 7.7 ASSIGNMENT OF CONTRACT 40 7.7.1 Assignment or Pledge of Money by the Contractor 40 7.7.2 Assignment, Subcontracting, Delegation of Duties 40 7.7.3 Merger or Sole of Contractor Operations 41 7.8 LAWS TO GOVERN/VENUE 41 7,9 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 41 7.10 PERMITS AND LICENSES42 7.11 RELATIONSHIP OF PARTIES 42 7.12 CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS 42 7.13 BANKRUPTCY 42 7.14 R161 -IT 10 RENEGOTIATE/AMEND 42 7.15 FORCE IV1AIEURE 43 7.16 ILLEGAL PROVISIONS 43 7.17 WAIsla _ 44 7.18 INCORPORATION OF CONTRACTOR'S PFKIPOSAL IN RESPONSE TO CITY'S RFP 44 7.19 DISPUTES RESOLD rl ON 44 7.20 JURISDICTION AND VENUE 44 7,21 INTERPRETATION OF TIME 44 7.22 ENTIRErf 44 ATTACHMENTS 45 Attachment A: City Service Area Attachment 13: Contractor Rates Attachment C: Itecyclable9 List. Attachment D: Rate Modification Example Attachment E: Insurance CertifieMes City of S pi plui ne V21.11.cy iii Com prekensive Drop -box Contniner Con ectio n Coiilraci Sul -Faille Disposal Inc. DecvsnIkr, 2017 This Comprehensive Drop -box Collection contract ("Cortina") is entered into [ • and between the City of Spokane Valley, a code city of the State of Washington ("City"), and Sunshine Disposal Inc._ (dba Sunshine Disposal & Recycling) ("Contractor"), to provide for the collection of Drop -box Containers containing Garbage frorn Single-family Residences, Multifamily Complexes, and Commercial Customers located within the City Service Area and the additional collection of Reeyelables firorn subscribing Multifamily Complexes Customers that utilize Drop -box Container Garbage service. This Contract docs not govern or authorize collection of Garbage, Recyclab[es, ar Compostablcs from Single-family Residences, Multifamily Complexes, or Commercial Customers by any means other than as provided herein, (each capitalized term is hereinafter detinet) The parties, in consideration of the promises, representations, and warranties contained herein, agree as follows: RECITALS WII[REAS, the City, through adoption of its Solid Waste Management Plan and the cancellation of previously existing certificates authorizing solid waste collection within the City, has assumed control and authority over Ciarba,i e, Residential Reoyclahies, and Residential Composlables collection to the extent provided by law; and WI II:RI:.AS, the City has conducted a competitive process lo select one or more contractor(s) to provide Garbage, R.ccyelables, and Compostables collection ser vices to residents and Garbage collection services to businesses, and institutions located within the City Service Area; and WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City conducted a thorough and exhaustive competitive process; and WI' IF REAS, the Contractor, having participated in the competitive process, acknowledges that the City had the right at any time during the process to reject any or all of the competitors, regardless of their proposals or prices; and WHEREAS, having completed the competitive process, the Citi has selected the hest candidates to provide the services outlined in thc competitive process; and WI ] EREAS, the Contractor represents and warrants that il. has the experience, resources, and expertise necessary to perform the services as requested in the competitive process; and WI IERE,AS, the City had determined that it is in the City's hest interest to split the cont=act resulting through the procurement process and award one exclusive contract for collection of Garbage, Recyclable, and Compostables froto Single-family Residences, Multifamily Complexes, and Commercial Customers by means other than Drop -lox Container eullection and separate, non-exclusive contracts for Drop -box Container collection; and WHEREAS, the City desires to enter into this Contract with the Contractor for the non-exclusive Drop -box Container services outlined in the competitive process and included below; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein contained, the City and Contractor do .hereby agree as follows: ACREEMEN,,I. C:ity of Spokane valley CornpreIierisivc Drop -box Con.thiner Collection Contract Sunshine. Disposal Inc. December, 2017 This Comprehensive Drop -box. Container Collection Contract (hereafter, "Contract") is nrncic and entered into this day of , 2017 (hereafter the "Date of Execution"), by and between the City of Spokane Valley, a corporation code city of the State of Washington (hereafter, the "City"), and Sunshine Disposal Inc. (dba Sunshine Disposal & Recycling), a Washington corporation (hereafter, the "Contractor"). DEFINITIO Contractor" )- DEFINILTIO All capitalized terins utilized in this Contract are intended to have the meaning defined in this Section whether or not the term is defined prior to its use in this Contract. The following definitions apply to the entirety of this Contract unless it is clear from the context that another definition applies. Words not defined herein shall be construed as dcfm.ed in the most cun-ent version of Webster's New Collegiate Dictionary. All references to time shall be to Pacific Standard Time. Administrative Tee: The term "Administrative Fee' means a City -defined tee that may be included in Customer rates charged by the Contractor, with receipts collected from Customers by the Contractor and remitted to the City as directed in this Contract, The Administrative 1-ee is separate from and distinct from any itemized utility, sales or other taxes that may be assessed from time to time. C&I) Waste: The term "C&LI Waste" means Garbage resulting from eonstrnction, remodeling,, repair, and/or demolition of buildings, houses, roads, or other structures, including, but not limited to, wood, brick, concrete, rubble, soil, rock, drywall, masonry, roofing, siding, asphalt, strueturl metal, wire, packaging, insulation, and other building material. Cart: The word "Cart" means ai Contractor -provided 32/35-, 64-, or 96 -gallon wheeled Container with attached [id suitable for collection, storage, and Curbside placement of Recyelablcs. Carts shall he rodent and insect resistant. Change of Control: The term "Change of Control" means any single transaction or series of related transactions by which the beneficial ownership of more than 50% of [he voting securities of the Contractor is acquired by ai person or entity, or by an affiliated group of persons or entities, who as of the effective date of he Contract do not have such a beneficial interest provided, however, that intra -company transfers, such s transfers between different subsidiaries or branches of the parent corporation of the Contractor, or transfers to corporations, limited partnerships, or any other entity owned or controlled by the Contractor Li .sort the effective date of the Contract, and transactions effected on any securities exchange rcgistcrcd with the U.S. Securities and F.xehange Commission, shall not constitute a Change in Control. City: The word "City" means the City of Spokane Valley, Spokane County, Washington. As used in the Contract, use of the term "City" may include reference to the City Manager, or his/her designated representative. City Service Area: The terra "City Service Area" means the service boundaries indicated in Attachment A as of the Date of Commencement of Service, as revised from time to tune itt accordance with Section 3.1.2. City Disposal System: The City's Disposal System is the City's designated transfer, transport, and disposal provider as provided pursuant to contract and as desigrnitel within the City's Solid Waste Management Plan. As of the Date of Executions, the City's Disposal System is provided through Sunshine Recyclers, Inc- at the University Transfer Station, located at 2405 North University, Spokane Valley, Washington 99206. City of Spolcnne Valley 2 December, 2017 Comprehensive Drop -box Container Collection CMiitraet Sunshine Dixposal lac. Commercial Customer: The term "Commercial Customer" means nein-Reiidentia[ Customers, including businesses, institutions, governmental agencies, incl all other users of commercial -type Garbage collection services, Camposlables: T}ie word "Compostaablcs" means. Yard Dehris and Food Scraps, separately or combined. Consumer Price Index or CPI: The words "Consumer Price index" or "CPI" means the Consumer Price index for All Items, December 1996=100 for AEI Urban Consumers (PJ -l1), West Size Class WC, as published by the United States Department of Labor, Bureau of Labor• Statistics. The Parties may refer to the Bureau of Labor Statistics website or other oftrcia[ source to determine the applicable CPI Index. Contractor: The word "Contractor" means Sunshine Disposal Inc. (dba Sunshine Disposal & Recycling), which has contracted with the City to collect, transport, and dispose of Garbage contained in Drop -box Containers, and to collect, process, market, and transport Rccyclahles from Multifamily Customers wlio use Drop -box Containers for their Garbage service_ Contract: rncans this Contract between the City and Contractor and all mutually adopted amendments thereto. Container: The word "Container" means any Cart, Detachable Container, or Drop -box Container used in the performance of this Contract, and shall include both loose and compacting Containers. County: The word "County" means Spokane County, Washington State_ Customer: The word "Custorncr" means ail users of the services provided by the Contractor as contained herein, including property owners, managers, and tenants. Date of Commencement of Service: The term "Dante of Commencement of Service" is April 1, 201g, which is the date that the Contractor agrees to commence the provision of collection and other services as described throughout this Contract_ Date of Execution: The term "Date of Execution" means the shite that this Contract is executed by all signatories. Detachable Container: The term "Detachable Container" means a watertight metal or plastic container equipped with a tight -fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one cubic yard or greater than eight cubic yarrcls in capacity_ Driveway: The word" Driveway" means a privately -owned and maintained way that connects aCustomer's service location with a Private Road or Public Street. Drop -box Containers The term "Drop -box Container" means an all -metal container with 10 cubic yards or more capacity that is loaded onto a specialized collection vehicle. Excluded Materials: These materials include waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, lain -hazardous, regulated medical or Hazardous Waste materials. Garbage: The word "Garbage" means all putrescihle and non-pulr-uscible solid and semi-solid wastes, including, but not limited to, rubbish, cold bagged ashes, industrial wastes, swill, demolition and construction wastes, dead small animals completely wrapped in plastic arid weighing less than 15 pounds, City of Spokane Valley 3 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. December, 2017 and disear ed commodities that am placed by Customers in appropriate Containers, bags, or other receptacles for collection sand disposal by the Contractor. Needles or "sharps" shall be included in the definition of Garbage to the extent they arc allowed to he disposed of lawfully pursuant to current Spokane County Regional Health District rules and policy. The term Garbage shall include C&D Waste, but shall not include Excluded Materials, Source -separated Recy'clahles or Source -separated Coinpostables. Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic, or dangerous waste, substance, or material, or contaminant, pollutant, or chemical, known or unknown, defined or identified as such in any existing or future local, state, or federal Iaw, statute, code, ordinance, rule, regulation, guideline, degree, or order relating to human health or thc environment or environmental conditions, including but not limited to any substance that is: A. Defined as hazardous by 40 C.P.R. Part 261.3 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA') of 1976, 42 IJ.S.C. § 6901 et sect., as amended by the Hazardous and Solid Waste Amendments {"] ISWA") of 1984; the Toxic Substances Control Act, 15 U.S.C_ § 2601 et sc:q,; or any other federal statute or regulation governing the treatment, storage, handling, or disposal of waste imposing special handling or disposal requirements similar to those: required by Subtitle C of RCRA; L3. Defined as dangerous or extremely hazardous by WAC 173-303-040 and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Wa.stc lvisnagement Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the (sea Itnent, storage, handling, or disposal Ofwastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW; and C. Any substance that comes within the scope of this definition as determined by the City killer the Date of Exc eutiou of'this Contract. Any substance that ceases to fall within this definition as determined by the City after the Date of Execution of this Contract shall not be deemed to be Hazardous Waste. Multifamily Complex: The term "Multifamily Complex" means multiple -unit Residences with five or more attached or unattached units billed collectively for Garbage collection service_ Office Hours: The term "Office Hours" means the period 5:00 am to 5:00 pm, Pacific Standard Time Monday through Friday and 9:00 air to 1 :00 pm, Pacific Standard Time on Saturdays. On-call: The term "On-call" means the provision of specified services only upon direct telephone, written, or e-mailed request of the Customer to the Contractor. Private Road: The term 'Private Road" means a privately -owned and maintained way that allows for access by a service vehicle and that serves multiple Customers. Public Street; The term "Public Street" means a public right-of-way used for public travel, including public alleys_ 1'utrescible Waste: The term "furl :seiblc Waste" means Garbage that contains organic matter capable of hcing decomposed by microorganisms, and of such a character and proportion as to cause obnoxious odors and to be capable of attracting or providing food for animals, including but not limited to food waste, used diapers and pet waste. City of Spokane Valley 4 December', 2017 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. Recycling: The word "Recycling" refers to the. preparation, collection, transport, processing, and marketing of Reeyclables. Reeyelables: The word "Recyc:litbles'° mains the materials designated as being Bart of a Multifamily Complex Residential Recycling collection program, as listed in Attachment C. Residence/Residential: The words "Residence" or "Residential" mean a living, space with a kitchen t ..at is individually rented, leased, or owned, Single-family Residence: The term "Single-family Residence' means (1) all one -unit houses, duplexes, triplexes, four-plexes, and mobile horncs, that are billed collectively or individually, and (2) all multi -unit Residences with live -or more attached or unattached units that are billed individually, located on a Public Street or Private Road. Source -separated: The term "Source -separated" means certain reclaimable materials that are separated fi-ona C.larbage by the Customer l"or recycling or reuse, including but nol limited to Recyclables. Strike Contingency Plan: 1"lic terra "Strike Contingency Plan" mains the plan that the Contractor will develop pursuant to Scc1 ion 1. 1-1 b of this Contract. Transition and Implementation Plan: The term 'Transition :and Irnplerncntation Plan" means the plan that the Contractor will develop pursuant to Section 3.1.19 of this Contract. WUTC: The term "WUTC" means the Washington Utilities and Transportation Commission. 1. TERM OF CONTRACT The term of this Contract is ten years, starting on the nate of' Corrirnencement of Service and ending midnight March 31, 2028. The City may, al its sole option, extend the Contract. up to two additional two- year extensions- Any extension granted shall be under the original Lehi'~ and conditions of this Contract - along with any amendments that exist at the time of the extension. To exercise the option to extend this Contract, written notice shall be given by the City to the Contractor- at least. 180 days prior to the expiration of the Contract teen. With the Contractor's written consent., the requirement of 180 days prior notice of exercise attic City's option to extend may be waived in any instance. 2. CONTRACTOR REPRESENTATIONS AND WARRANTIES The Contractor represents and warrants to the City as follows: • &gr rizarrnn and). ra4afcatian. The Contractor is duly incorporated, validly existing, and in good standing under the laws oi' the state of Washington, and has all requisite corporate: power and authority to enter into and to perform its obligations under this Contract. ▪ Authoniy" The Contractor has the authority to execute this Contract, to make the representations and warranties set forth in it, and to perform the obligations of the Contractor Hilda: this Contract in accordance with its terms. This Contract has been validly executed by an authorized representative of the Contractor, and constitutes a valid and legally binding and enforceable obligation of Contractor. City of Spokane Valley 5 Comprehensive Drop -box Container Collection Contract Sunshine Dispusal Inc. Dececr, 2017 • Govei.n atenr Authorizations and Conse►7/s, The Contractor has or will obtain at. its sole cost prior to the Date of Commencement of Service any such licenses, permits, and other authorizations from federal, state, and other governmental authorities, as are necessary for the performance of its obligations under this Contract. • Compliance With Laws. The Contractor is not in violation of any applicable laws, ordinances, or regulations, which may impact the Contractor's ability to perform its obl illations under this Contract or which may have any impact whatsoever on the City, The Contractor is not subject to any order or judgment of any court, tribunal, or governmental agency that impacts its operations or assets or its ability to perform its obl igations under this Contract, • Accurac--y of InJw mcrfk m. None of the representations or warranties in this Contract, and none of the doeumcnts, statements, reports, certificates, or schedules furnished or to be. furnished by the Contractor pursuant hereto or in connection with the performance of thc obligations contemplated under this Contract, at any time con[aiu or will contain untrue statements of a material fact or omissions of material facts, • IrKkpe+rc/efnt In accepting these responsibilities, the Contractor represents and affirms that it has made its own examination of alt conditions affecting the performance of this Contract, currently and into the future, and of the quantity, quality, and expense of labor, equipment, vehicles., facilities, properties, materials needed, and of applicable. taxes, permits, and applicable laws. The Contractor El films that within the City Service Area it is aware of the present plaeemcrrt and location of all Containers. The Contractor represents and warranties than it is capable of continuing to collect all Containers from their present Locations, and that it is capable of providing service to and collection of Containers in any areas of the Cit} Service Area that may be built out or developed during the terra of this Contract. 3. SCOPE OF WORK 3.1 General Collection System Requirements 3,1.1 City Service Area The Contractor shall provide all services pursuant to this Contract throughout the entire City Service Arca, 3.1.2 Annexation 11, during the term of the Contract, additional territory is added to the City through annexation or other means within which the Contractor has an existing VITUTC certificate or other franchise for solid waste colle:etion at the time of annexation, the Contractor shall, from the date of annexation, make col lection in the annexed area in accordance with the provisions of this Contract at the unit prices set forth in this Contract, This Contract is in lieu of a franchise as provided in RCW 35A -1E1-900. The Contractor- agrees that its WLITC certificates} applicable -10 those areas (if any) shall be cancelled effective nn the date of annexation. by the City. The Contractor expressly waives and releases its right to claim any and all damages or eompensat.icon fi.orn the City, its officers, agents, or assigns arising out of the eanuellaHon of any pre-existing permit or -franchise held by the Contractor prior to annexation,, and further specif€ca[ly waives the right to receive any additional compensation or any rights of collection in the newly annexed territory- The terra City of Spokane Valley 6 Comprehensive Drill -box Container Collection Contract Sunshine Disposal Inc. December, 2017 during which the Contractor shall service any future aruiexa[ion areas shall be seven years from the date of annexation, notwithstanding the term se[ forth in. Section 1 of this Contract. If additional territory is added to the City through annexation within which the Contractor docs not have an existing wurc certificate or other franchise thr Garbage or other collections and that annexed arca is served by another certificated hauler, then, the Contract Or agrees to make collections in such annexed areas in accordance with the provisions of this Contract at the unit price set forth in this Contract solely upon written notification from [he City_ The City shall negotiate a separate franchise with that certificated hauler as authorized by State law and shall authorize the Contractor to service that newly annexed area at such time as may be authorized by State law and this Contract. In the event that additional territory is added to the City Service Arca, the City acknowledgcs that equipment, such as Contract -compliant vehicles and Containers, may take time to procure; and therefore, shall not charge performance fees as outlined in Section 5.1 to the Conti ctor for reasonable delays in the provision of services to annexed areas covered by this section due to procurement delays that are not within the control of the. Contractor. 3.L3 Service to Customers on Private Roads and Driveways The Contractor shall provide service to all Customers located on Private Roads, except as noted in this Section. In the event that the Contractor believes that a Private Road cannot be safely negotiated, the Contractor may request the City to evaluate on-site conditions and make a determination of the best approach for providing safe and appropriate service to the Customer. The City's determination shall be final, provided that the Contractor shall not he required to endanger workers, equipment, or property. If the Contractor believes that there is a probability of Private Road or Driveway damage, the Contractor shall inform the respective Customers and may require a road damage waiver agreement in a form previously approved by the City_ in such event, if the Customers refuse to sign such a road damage waiver, the Contrw. for may decline to provide service: on those Private Roads or Driveways, and the Customers will only he serviced from the closest Public Road access. Such determination that damage is probable roust he approved in writing by the City prior to any action or refusal of service by the Contractor, 3.1.,4 Hours/Days of Collection All collections from Single-family Residential Customers and Residential zones shall be made between the hours of 6:00 a,in. and 6:00 p.311_ on a weekday, unless tlic City authorizes a t iuporary extension of hours or days. Saturday collection is allowed to the extent consistent with missed collection recovery, holiday and inclement weather schedules., or as approved by the: City and shall occur during the samc hours as weekday Residential collection. Collections from Commercial Customers within Commercial zones may be made at anytime provided that service to those Customers shall not disturb Residential Customers in adjoining or mixed Residential zoned areas. Collectors born Commercial Customers within audible distance of Residential Customer's outside of Commercial zones shall be made only between the hours of 6:00 a.m. and 6:00 p.m., and no earlier than. 7:00 a.m. on Saturday. Exemptions to the hour requirements may be granted in writing in advance by the City to aecorninodate the special needs of Commercial Customers where allowed by the City's noise code. The City's noise ordinance, as amended from lime to time, may further restrict these terms and hours of collection. Collections from Commercial Customers shall occur based on Customer needs and prior arrangement Monday through Saturday. City of Spokane Valley 7 December, 2017 Comprehensive Drop -box Container Collection Contract Sunshine Disposal inc. 3.1.5 Employee Conduct 'I'he Contractor's employees collecting Garbage or Recyclables shall al all limes be courteous, refrain from loud, inappropriate or obscene language, exercise due an, perform their work without delay, minimize noise, and avoid damage: to public or private property- If on private properly, Contractor employees shall follow the regular pedestrian walkways and paths, returning to the street. after replacing empty Containers. Contractor employees shall not trespass or loiter, cross Clower beds, hedges, or property of adjoining premises, or meddle with property that does not concern them or their lashat hand, While performing work under the Contract, Contractor employees shall wear a professional and presentable uniform with an identifying name badge air i company emblem visible to the average observer. At the City's option and direction, Contractor employees shall work with groups or organizations, such as neighborhood community organizations, homeowner associations, or the City's Police, and other agencies providing utilities and services (c.g-, Fire) for training to recognize and call [he appropriate agency when suspicious activities or when street or utility deficiencies are observed. If any person employed by the Contractor to perform collection services is, in the opinion of the City, incompetent, disorderly, or otherwise unsatisfactory, the City shall promptly document the incompetent, disorderly, or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a demand that such conduct be corrected. The Contractor shall promptly investigate any written complaint from the City regarding any unsatisfactory performance by any of its employees and take immediate eorrectivc action- If the offending conduct is repeated, the City may require that the person be removed from all performance of additional work under this Contract. In that event, the Contractor shall immediately remove that person from further performance of work under this Contract - 3.1.6 Holiday Schedules The Contractor shall observe the same holiday schedule as does the City's Disposal System, When those holidays fall on a regular collection day, the Contractor shall reschedule the remainder of the week of regular collection to the nex.t succeeding business day, which shall include Saturdays. The Contractor may not collect Garbage or, as may be applicable, Rccyr.1ables earlier than any regularly scheduled collection day due to a holiday, unless specifically authorized by the Customer. 1 loliday information shall be included in written program materials, on the Contractor's web site, and via press releases to general news media in the Spokane Valley area by the Contractor the week prior to the holiday affecting service. 3.1.7 Incllement Weather Thi. Contractor shall provide all collection services unless weather conditions are such that continued operation would result in danger to the Contractor's staff, area residents, or property. In that event, the Contractor shall collect only in areas that do not pose a danger. The Contractor shall notify the City by e- ntail or phone (at the City's option) of the areas not to be served by 6:00 a.m. on the same business day if adverse conditions develop overnight or within one hour if adverse cconditions develop during the workday after 6:00 a.m. Once Contractor vehicles are on -route, areas intentionally missed due to hazardous conditions and not previously reported to the City, shall be approved by a route supervisor and reported to the City not later than 12:00 p.m. (noon) on the same business day. The Contractor shall provide notification calls, texts, or e-mails (at Contractor's preference) to all missed Customers by MO p.m., including information on when their next collection is expected. Weather policies shall be included in program information provided to Customers. On each inclement weather days; the Contractor shall release rso[iecw by 6:00 a.m. to the Contractor's website, local print and City of Spokane Valley 8 Comprehensive Drop -box Container Collection Contract Sunshine fispoxal Inc. December, 2017 electronic media notifying residents of the modification to the collection schedule. The City may specify additional needier outlets for Contractor announcements at the City's discretion. 3.1.8 Suspending Collection from. Problem Customers The City and Contractor acknowledge that some Customers may cause disruptions or conflicts that make continued service to that Customer unreasonable. Those disruptions or conflicts may include, but not be limited to repeated damage to Contractor -provided Containers, repeated suspect claims of timely set -out followed by demands for return collection at no charge, repeated unsubstantiated claims of Contractor damage to a Customer's property, abusive and/or threatening language on the Customer's part, or other such problems. The Contractor shall make every reasonable effort to provide service to those problem Customers- If the problem continues, the Contractor may deny or discontinue service to a problem Customer after prior written notice is given to the City of the intent to deny or discontinue service, including the name, service address, reason for such action, and it reasonable efforts to accommodate the Customer and provide services have o eun— d and failed- If the Customer submits a written letter or e-mail to the City appealing the Contractor decision, the City may, at its discretion, intervene in the dispute. In this event, the decision of the City shall be final. The City may also require the denial or discontinuance of service to any Customer who is abusing the service or is determined to be ineligible, 3.1. g Missed Coll cticns if Garbage or Rccyclables are set -out inappropriately, itnproperly prepared, or contaminated with unacceptable materials, the Contratetor shall either contact the Customer or place in a prominent location a written notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for collection. Failure to contact the Customer or provide proper written notification to Customers of the reason for rejecting matet-als for collection shall be considered a missed collection and subject to performance fees due to lack of proper Customer notification. The failure of the Contractor to collect Garbage or Re yelables that. have been set -out by a Customer in l]]e proper manner on the appropriate day shall he considered a missed collection, arid the Contractor shall collect the materials from the Customer on the same day if notified of the missed collection by 3:00 PM on the day of the miss, otherwise the collection shall occur on the next day. Customers giving notice after 3.00 PM Friday shall receive a make-up collection the following Monday. The Contractor shall maintain a record of all calls related to missed collections and the response provided by the Contractor. Such records shall he made available for inspection upon request by the City, and the information shall be included in annual reports. (See Reporting requirements set forth in Section 3.3.4). If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor, which the C rntiactor can prove through documentation (e.g. the Containers were not placed at the curb on-time and the driver documented that fact in a log, with a photograph, etc.), the Contractor shall be permitted. to charge the Customer an additional return trip fee for this ,service, provided the Contractor notifies the Customer of this charge prior to and on the same else of the return trip, and the Customer agrees to payment of the return trip fee. The Contractor shall not be liable for a missed collection in such case. 3.1.10 Requirement to Recycle; Maintaining Quality Assurance Through Monitoring The Contractor shall recycle all Source -separated Recyclables collected unless express prior written permission is provided by the City. '1'he Contractor shall use vehicles and processing systems that minimize unnecessary breakage and cross -contamination of materials. The landfilling, incineration, or other disposal City oi'Spokane Valley 9 December, 2017 Comprehensive Drop-hox Container Collection Contract Sunshine Disposal Inc, of uncontaminated Source -separated Recyclables by the Contractor is expressly prohibited without the express prior written approval of the City, A Container with visually obvious contaminants included with Source -separated Recyclables shall not he collected, and the Container shall be lett with either (1) a prominently displayed written notification tag, or (2) with the Contractor contacting the Customer directly, explaining the reason for rejection and stating that the Customer niay either remove the contaminated materials to meet the standards for Reeyclables or that if the contaminated materials are not removed, the Container shall be c ollccted on the next regular collection cycle as {Garbage at the rate specified in Attachment B. In either case, materials shall be collected on the next regular collection cycle unless the Customer pays for a return trip. The Contractor may change the day of Multifamily Complex collection by giving at least 14 days written notice of the pending collection day change to the affected Customers. 3.1.11 Vehicle and EquipmenntType/Conditiou/Use The Contractor shall use eollcetion vehicles that are presentable, are in safe working condition, arid are subject to all other conditions of this Section. The Contractor shall keep maintenance reports for Crich collection vehicle and provide these upon request by the City. The accumulated annual use of individual hack -up vehicles shall be reported in the Contractor's annual report. Vehicles shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at [east once each week unless adverse weather conditions preclude washing. All collection equipment shall have appropriate safety markings, including all highway lighting, Clashing and warning lights, clearance lights, and warning flags, all in accordance with current statutes, rules and regulations. Equipment shall be maintained in good condition at all times. Vehicles shall be repainted upon showing rust on the body or chassis, All parts and systems of the collection vehicles shall operate properly and he maintained in a condition compliant with all federal, state, and local safety requirements and be in a condition satisfactory to the City. All vehicles shall he equipped with variable tone or proximity activated reverse movement back-up alarms. The Contractor shall maintain collection vehicles and Containers to ensure that no liquid wastes (e.g. Garbage leachate) or oils (e.g. lubricating, hydraulic or fuel) are discharged to Customer premises or City streets. AEI collection and route supervisor vehicles used by the Contractor shall be equipped with a spill kit sufficient in size to contain a eomplcte spill from the largest liquid tank on the collection vehicle. Any equipment not meeting these standards shall not be used within the City Service Area until repairs are made. Any discharge of liquid wastes or oils that may occur from Contractor's vehicles or Containers, prior to them being removed from service, shall be cleaned -up or removed within three hours of being noticed by route staff, Customers or the City, and shall be rctnediated by the Contractor at. its sole expense. Such clean- up or removal shalt be documented with pictures, and notice of such clean-up or removal shall be provided to the City in writing,. The Contractor shall immediately notify the City by calling the Senior Engineer to notify of any spills that enter drainages, Failure by the Contractor to clean-up or remove the discharge in a timely Cashion to the satisfaction nt the City shall be cause for performance fees, as described in Section 5.1. The Contractor shall notify the City and Customer of any leakage from non -Contractor -owned Containers immediately, in order to address those spills in a timely manner. The Contractor shall maintain all vehicles used in the City Service Area in a manner intended to achieve reduced noise levels, operating cost, and fuel use. Ail collection vehicles shall be operated in a manner to avoid extended idling. City of Spokane Valley 10 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc.. December, 2017 The Contractor's name, logo, eustonxer service telephone number and website address shall be clearly identified on Contractor's vehicles. No additional advertising shall be allowed on Contractor vehicles unless previously approved in writing by the City. Special promotional messages may he. permitted by the City provided they are either painted directly on vehicles or on special placards attached to vehicles. City approval shall be in writing and solely within the City's discretion. All Contractor route, service, and supervisory vehicles shall be equipped with properly licensed two-way corrnunication equipment. The Contractor shall maintain a base station or have equipment capable reaching all collection areas_ Collection vehicles shall also he equipped with back-up cameras, A vehicle not mooing the requirements of this Section and the Contract shall be removed and not used in the: City until such time as it is brought into compliance, 3.1.12 Container Requirements and Ownership All Recyclablus collection services provided under this Contract specifically include. the costs of the assouiatcd Recycling Container. The cost of rental of Contractur-provided Drop -box Containers is authorized at the raters contained in Attachment B, as [he same may he adjusted pursuant to Section 4 of this Contract. Customers shall use Contractor -provided Drop -box Containers for Garbage collection service, provided that Customers may use their own or leased compacting Drop -box Containers. The Contractor shall handle any Customer -owned Garbage Drop -box Container in such a way as to prevent undue damage. The Contractor shall be responsible for unnecessary or unreasonable damage to Customer -owned Drop -box Containers. Customers shall use Contractor -provided Carts and Containers for Recyclables collection service. Customers mray elect to own or secure Drop -box Containers used for compacting purposes from other sources, and shall not be subject to discrim i nation by the Contractor in collection services on that account. i lowever, Drop -box Containers used for compacting purposes owned or secured by Customers shall be capable of being serviced by the Contractor's collection vehicles to be eligible for collection. The Contractor shall provide labels and collection service for compatible Customer -owned or -secured Drop - box Containers used for compacting purposcs. The Contractor is not required to service Customer Drop - box Containers used for compacting purposes that are not compatible with the Contractor's equipment. In the event of a dispute as to whether a particular Drop -box Container used for compacting purposes is compatible, the City shall make a final determination. 3.1.12.1 Recyclables Carts for Multifamily Complex Customers 'I`lre Contractor shall procure and maintain a sufficient quantity of Containers to service the City's Multifamily Customer base, including seasonal and economic variations in Container demand. Failure to have a Container available when required by a Customer shall subject the Contractor to performance fees, as provided in Section 5. The Contractor shall offer 32/35, 64 and 96 -gallon Recyclables Carts for Multifamily Complex Recyclables collection serving subscribing Multifamily Complex Customers utilizing Drop -box Container as their sole source for Garbage collection and subscribing for Recycling unless the use of El Detachable Container for Recyclahles is more appropriate for the volume handled at that site. All Carts shall be manufactured from a minimum of 10% post -consumer recycled plastic, with a lid that will accommodate a Contractor affixed screening or label. Carts shall be provided to requesting Customers within seven days of the Customer's initial request. City of Spokane Valley 11 December, 2017 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. Replacement Carts anti Carts provided to new Customers during the term of l.lac Contract may be previously used, but shall he clean, in good condition and with new or near -new instructional decals with information relevant to Spokane Valley inmplaee prior to Cart distribution. All Contractor -provided Carts shall be maintained by the Contractor in good condition l"or materia] storage and handling; contain no jagged edges or holes; contain wheels or rollers for movement; and be equipped with an anti-skid device or sufficient surfaaee arca on the bottom of the container to prevent unwanted movement. The Carts shall contain. instructions for proper use, including any Customer actions that would void manufacture warranties (such as placement of hot ashes i n the container causing the container to melt.), and prrocedums to follow to min.ixuiae potential tire problems. Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair needs for Contractor -provided Carts and forward written or electronic repair notices that day to the Contractor's service personnel. Cart repairs shall then he made within seven days at the Contractor's expense. Any Cart dint is damaged or missing on account of an accident, aet of nature or the elements, fire, or theft or vandalism by a third party shall be replaced not later than three business days after notice from the Customer or City. In the event that a particular Customer repeatedly damages a Cart or requests more than one replacement Cart more frequently than a time period allowing for reasonable wear and tear during the term of the Contract, or duc to negligence or misuse, the Contractor may charge the Customer for the depreciated value of the Cart, based on 10 -year straight-line depreciation, and shall forward in writing the Customer's name and address to the City with a full explanation of ineidcnt(s), In the event that the problem continues, the Contractor may discontinue service to that Customer, provided the City gives previous written approval specific to thaat. Customer. 3.1.12.2 Detachable Containers uncd Drop -box Containers 'T'Eae Contractor shall furnish and install appropriately sized Detachable Containers for Recyclables at subscribing Multifamily Complex Recycling sites where Carts are not appropriate, and 10-, 20-, 30-, and 40 -cubic yard un -compacted Drop -box Containers to any Customer who requires their use for storage and collection of Garbage within three days of the Customer's request. Containers shall be located on the premises in a manner satisfactory to the Customer and for collection by the Contractor and shall indicate the Container size and day of collection. The Contractor shall charge rent for temporary and permanent Drop -box Container service in accordance with [he rates listed in Attachment B. The Contractor may not charge Customers any other fees, charges, mites, or any expenses in connection with .Drop -box Container service other than those Multifamily Complex Rec;yi l ng foes andfor rental rates listed in Attachment B. Detachable Containers shall be watertight and equipped with tight -fitting metal or plastic covers; have four wheels for Containers 3 -cubic yards and under unless otherwise requested by a Customer; be in good condition for Recyclables storage and handling; be safe for the intended use; and, have no leaks, jagged edges, or holes. Drop -box Containers shall be all -metal, and if requested by a Customer, equipped with a tight -fitting screened or solid cover operated by a winch in good repair. If non -lidded Drop -boxes are used by the Contractor, the Contractor shall equip its vehicles with taping systems to ensure that materials are not spilled during transport. Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary) before toeing supplied to a Customer who has not used it earlier. The Contractor shall provide an On-call Container cleaning City of Spokane Valley 12 December, 2017 C:onoprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. service to Customers_ The costs of On-call cleaning shall he billed directly to the Customer in accordance with Attaclunenl B. As between the Contractee and the City, all Containers an Customers' premises are at the Contractor's risk and not the City's, The Contractor shall repair or replace within one business day any Container that was supplied by or taken over by the Contractor and was in use if the City, local health department inspector, or other agent having safety or health jurisdiction determines that the Container axils to comply with reasonable standards or constitutes a health or safety hazard_ 3.1.12.3 Ownership All Contractor -owned Containers used by the Contractor to provide Contract collection services, shall remain the sole property of the Contractor during and upon the termination of this Contract. 3.1.12.4 Container Colors and Labeling Contractor -provided Containers used for the collection of Mit lt.itarn ily Complex Recyclables, shall be: blue; provided that any existing Multifamily Complex Recycling Containers that are colors other than blue shall not be required to he changed until they are replaces] due to the end of their useful life, at which time the new Contsxiner shall be blue, Contractor -provided Containers used for the collection of Garbage shall he blue, unless otherwise approval by the City_ Specific Container colors shall he approved in writing by the City prior to the Contractor's order of new Containers. All Contractor -provided Containers to be used for Garbage collection shall have materials preparation instructions and telephone/contact information, including both a customer service phone number and a website address, either screened or printed on a sticker, all subject to the prior written approval of the City. All Containers to be used for (garbage shall have lalx.ling affixed that states: "Leaky dumpster? Damaged Lid?" and provides a photic number to call for repair or replacement. Inlorrnatiorr shall he printed in a size that is easily read by the users, on durable UV resistant label stock squarely affixed to each Container. All labels shall be approved in writing by the City prior to ordering by the Con raetor. individual Containers with faded or damaged paint sial] be repainted upon City or Customer request. Contractor -provided Containers used for the collection of Reeyclables from subscribing Multifamily Complex Recycling Customers utilizing Drop -box Container [garbage Collection shall be relabeled by the Contractor once every five years or upon Customer or the City's request for any particular Container. The City may waive the five-year mandatory relabeling requirement, at its sole option, for Containers with particularly long-lasting stickers. Labels and molded or screened information on all other Containers shalt be replaced by the Contractor when faded, damaged, or upon City or Customer request. For Contractor -provided Containers, the Contractor shall within three clays cover graffiti with paint that closely matches the Containers existing paint or color, when notified by the City or Customer, The Contractor may choose to replace Containers and perform maintenance at its own site or provide the over - painting at the Customer's site, but shall not charge the City or Customer for this service, 3.112.5 Container Weights No specific weight restrictions arc provided for Containers; however, the Contractor shall not be required to lilt or remove materials from a Container exceeding the safe working capacity of the collection vehicle_ The combined weight of Drop -Box and contents shall not cause the collo :tion vehicle to exceed legal road weight limits. City of Spokane Valley 13 Coinprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. December, 2017 3.1.12.6 Container Removal Upon City or Customer Request The Contractor shall remove all Containers upon three days of specific Customer, property manager, property owner, or City request or cancellation by the Contractor. The contents of Containers removed atter a Customer's final pick-up shall be managed as if they were collected as ad regular pickup (e -g. Garbage shall be disposed of and Recyclahles shall be recycled) at the Contractor's, not Customer's cost. Failure: to rcrnove Containers within the specified timeline s11a11 he subject to the same performance fees as delayed Container delivery for that Customer sector. 3.1.12.7 Container Placement The Contractor shall provide Container placement direction to Customers to minimize the blocking of sidewalks in such a way that might hinder or block pedestrians. The Contractor shall return Containers to the same location once emptied. The Contractor shall collect from areas mutually ag eed upon by the Contractor and Customer with the least slope and hest vehicle access possible. For Customers that must stage their Containers on Public Streets or On significantly sloped hills, the Contractor shall make a good faith effort to work with the Customer to ensure that the Containers are not left unattended in problematic staging areas and are sufficiently restrained such that the Container may not roll and cause harm to persons or property. The Contractor may require the. Customer to attend to the Containers immediately prior to and after collection. Any disputes arising between the Contractor and the Customer as to what constitutes a "significantly sloped hill" or a "safety hazard" shall be submittal in writing to the City, and the City's decision shall be final- The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers alter emptying to the same location as found, with their lids closed. 3.1.13 inventory of Equipment, Vehicles, Facilities and Containers The Contractor shall provide to the City, on the Late of Commencement of Service of this Contract, a complete inventory of the vehicles and facilities to be used in the performance of this Contract, The inventory shall include each vehicle (including chassis model year, type, opacity, model, and vehicle identification number) and each facility to be used in performance of this Contract (including address and purpose of the facility. The Contractor may change vehicles and facilities from time to time, and shall include the revised inventory in the annual report provided for in Section 3-3.4-1. The Contractor shall maintain vehicles and facilities levels during the performance of this Contract at least equal to hose levels described in the initial inventory. 3.1.14 Spillage All loads collected by the Contractor shall be completely contained in collection vehicles at all tirnes, except when material is actually being loaded. Hoppers on all collection vehicles shall be cleared frequently to prevent the occurrence of blowing, leakage, or spillage, Any leakage or spillage of materials that occurs during collection shall he immediately cleaned up or removed by the Contractor at its sole expense. The Contractor shall document the leakage or spillage, including taking pictures before and after clean-up or removal, and shall provide this documentation to the City. Leakage or spillage not immediately cleaned up or removed by the Contractor shall be cause for performance fees, as described in Section 5-1. Should a leakage or spillage occur during collection, Contractor shall notify the City immediately by calling the City's Senior Engineer and, likewise, expressly acknowledges it is solely responsible for any local, state, or federal violations, which may result from said leakage or spillage, City of Spokane Valley 14 December, 2017 Comprehensive Drop -box Container Co1Iectioar Contract Sunshine Disposal inc. Any Contractor -supplied Container observed by the Contractor, Customer or City to be leaking shall be replaced by the Contractor within one business day of the Contractor's observation, Customer request or notification from the City, in the event that leakage from Customer -owned Containers or Containers leased. from third parties is observed by the Contractor, the Contractor shall immediately inform. the City and Customer of the leakage. 3.1.15 Disruption Due to Construe -tion The City reserves the right to construe[ any improvement or to permit any such construction in any street or alley in such tnatmer as the City may direct, which may have thc effect for a time of preventing the Contractor from traveling the accustomed route or routes for collection. The Contractor shall, however, by the most expedient manner, continue to collect Garbage and Recyc:lablcs to thc sante extent as though no intcrfcrcriee existed upon the streets or alleys normally traversed- Th k shall be done at no extra expense to the City or the Contractor's Customers. to the event of complete blockage, making any collection area(s) completely inaccessible, the Contractor may request City permission to collect double loads the following week and failure to make collection shall not const.itutc a missed collection pursuant to Section 3. [ .10. 3.1.16 Contractor Planning and Performance Under Labor Disruption If [he Contractor's employees are covered by tin organized labor agreement, then no later than 90 days prior to the expiration of any labor agreement associated with services performed under this Contract, the Contractor shall provide the City with its planned response to labor actions that could compromise the Contractor's performance under this Contract. The Contractor -prepared Strike Contingency Plan shall address in detail: i . The Contractor's specific stalling plan to cover Contract services, including identification of staff resources moved from out -of -area operations and the use of local management staff to provide basic services. The staffing plan shall be sufficient to provide recovery of full operations within one week following the initiation of the disruption. 2. Contingency training plans to unsure that replacement and management staff who are operating routes etre able to continue to collect route data and Follow collcetion and material delivery procedures for all materia[ streams collected from Customers. 3.A recovery plan to address how materials will be collected in the event of a short -notice disruption that docs not allow the Contractor to collect all materials on their regular schedule (e.g. a wildcat strike) within one week Following the initiation of the. disruption. The Contractor shall keep the City informed of the status of active labor negotiations on a daily basis. In the event that labor- disruptions of any kind cause reductions in service delivery, the Contractor shalt inform the City within four hours lay phone and e-mail of the nature and scope of the disruption, as well as the Contractor's immediate plans to activ l.c any part of or its entire Strike Contingency Plan. At the close of each service day during a labor disruption, the Contractor shall report to the City via e-mail the areas (per a detailed map) and customer counts of served and un -served customers by material stream and service sector. In the event that a disruption lasts more than one week and Contractor cannot provide service to affected Customers, Customers may seek service from other haulers, Contractor shall be entitled to collect payment only for such services as it has actually provided. Regardless of whether Contractor's employees are covered by an organized labor agreement, file City and Contractor agree that the fo[Iowing special City compensation and performance fees reflect the best. City of Spokane Palley 15 December, 2417 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. estimate of the impacts of the Labor disruption to Customers and the City. In the event of a labor disruption, regardless of whether Contractor's employees are covered by rwn organised labor agreement, the Contractor shall pay the City monthly by the tenth day ol'the following month: 1, An amount equal to the Administrative Fee reduction dryc to the Customer credits for reduction in service so that the City docs not experience any Administrative Fee revenue loss duo to those Customer credits.. 2. An additional City cost reimburscincnt amount of 5U0 for each day of labor disruption to reimburse City staffing and other costs for managing the impacts of the labor disruption; 3. A performance fee of $1,000 per day for each day of labor disruption from the 1" day to the 711' day of the labor disruption; 4. A performance fee of $2,000 per day for each day of I r-bor Disruption from the ti''' day 1.o 14'1' day of the labor disruption; and 5. A performance fee of $5,000 per day for each day of Iabor f)isiuption for every day beyond the 14E11 day of labor disruption. The performance fees listed as 3 through 5, above, arc intended to apply to any complete work stoppage: where alternative, but substantially equivalent service by non-slr-ilcing employees or otherwise, is not provided by the Contractor. In the event substantially equivalent service is provided by the Contractor through the employment of nonstriking employees or otherwise at any point during the course of the labor disruption, the Contractor is entitled to reduce the amount of the daily performance fees that otherwise would be due on a pro -rata basis, based on the percentage of Customers receiving substantially equivalent ser -vice on than day. Given the nature of the failure arising from labor disruptions, the Contractor shall not be allowed any cure period opportunity or rectification process. TireContractor's failure to comply with the Contractor -prepared Strike Contingency Plan of this section, if required, shall be subject to a special fee of $1,000 per day for its non-compliance during the labor disruption event. This special fee is separate compensation to the City for the Contractor's failure to plan and execute the provisions of this section. The special fee shall be paid to the City within 30 days of the Contractor's receipt ot'the City invoice. Feespaid by the Contractor under the terms ofthis Section 3.1.16 are not regular performance Pees for the purposes of Section 5, and shall not be counted in the cumulative performance fee default threshold referenced in Section 5.2. The City may elect to waive or receive the equivalent value of additional services, as nego[iated, in lieu of the specific performance fees itemized in this section. 3.1.17 Site Planning and Building Design Review 'I'he Contractor shall, upon request: and without additional cost, make available assistance with site planning and building design review to either the City and/or property owners/inanaaors. The assistance shall be available for all new construction or remodeling of buildings and structures within the City Service Arca. Contractor planning assistance for optimizing loading docks and other areas shall also be available for existing building owners/managers when realigning Garbage and, as may be appropriate, Recyelables services. All assistance shall be provided by the Contractor in a timely manner so as lo not delay the [Mann i ng and review process. Assistance shall include, but not be limited to reviewing anti providing comments on building designs and site plans to ensure that those designs and plans incorporate: • Garbage and as may he appropriate, Recyclables removal areas and their location upon the site of the proposed construction or remodeling project; • adequate floor and vertical space for the storage and collection of Containers for all materials; City of Spnitane Valley 16 Comprehensive Drup-bstx Container Collections Contract Sunshine Disposal lire. December, 2017 • adequate access for vehicles to collect and empty Containers, including overhead clearance, turning radius, and access that does not require backing across sidewalks or violating any City code; • avoidance of surface water drains and ditches when considering Container locations and developing strategies for containment of any potential leaks; and, • strategies to reduce interior and exterior noise and emissions. All communications regarding this prod shall be conducted electronically via email unless otherwise agreed to in writing by the Parties, 3.1,18 Safeguarding Public and Private Facilities The Contractor shall be obligated to protect. all public and private improvements, facilities, and utilities whether located on public or private property, including street curbs. If such iruprovcncnts, facilities, utilities, or curbs are damaged by reason of the Contractor's operations, the Contractor shall notify the City immediately in waling of all damage, and the Contractor shall repair or replace the same or pay the City for repairs, if the damage creates a public safety issue that requires an immediate response, the Contractor shall, along with notifying the City immediately in writing, call the City's Senior Engineer- to inform thein of such matter. 11' the Contractor fails to do so promptly, as determined by the City, the City shall cause repairs or replacement to be made, and the cost, including overhead and administrative costs, of doing so shall be paid by the Contractor or deducted from amounts owed the Contractor under the Contract. The City shall not he liable for any damage to property or person caused by the actions of the Contractor, and the Contractor shall indemnify and hold the City harmless for any such damage or legal implications from. said actions pursuant to Section 7-5. 3.1.19 Transition and Implementation of Contract The Contractor shall develop, with the City's input and prior written approval, and submit to the City no later than 9() days after the Date of Execution of this Contract, a Transition and Implementation Plan for introducing the new and revised services to the different Customer sectors (i.e., Multifamily Complex and Commercial Customers), and detailing a specific timeline as to when different activities and events will occur, including details of Container delivery, how different events impact other events in the timeline and the process 10 be used to ensure that implementation occurs with no disruption, The Transition and Implementation flan shall include details to update Contractor's website, information regarding new services, educational materials regarding Recycling, and other information. or materials the Contractor desires to produce and provide to Customers. All materials, information, and education provided as part of the Transition and Implementation Plan shall be designed, developed, and delivered by the Contractor, at the Contractor's cost, and with prior written approval by the City. The City shall be provided a m inimum oftwo weeks to review any materials, information, or education included in the Contractor's Transition and Implementation Plan. The City shall not he responsible or liable for payment of any costs associated with design, development, or delivery of any materials, information, or education as part of the Contractor's Transition and Implementation Plan, 3.1.29 Performan cc Review The City may, at its option, conduct a review of the Contractor's performance under this Contract. If cxanclucted, the performance review shall include, but is not limited, to a review of the Contractor's performance relative to requirements and standards established in this Contract. The Contractor agrees to fully cooperate. with the perfori nance review and work with City staff and consultants to ensure a timely and complete review process. Cityof Spokane Valley 17 Comprehensive. Drop -box Container Collection Contract Sunshine Disposal inc. December, 2017 Thc results ot'the performance review shall be presented to the Coniraaeior within 30 days of completion, Should the City determine Hutt the Contractor fails to meet the Contract performance requirements and standards, the City shall give the Contractor written notice of all deficiencies. The Contractor shall have 60 days from its receipt of notice to correct deficiencies i.o the City's satisfaction. If the Contractor fails to correct deficiencies within 60 days, the City may allow the Contractor additional time to comply, accept other remedies for the service failure or proeued with the contract default process pursuant to Section 5.2 of this Contract, at. the City's sole option. Tlie costs of the development and implementation of any action plan required under this Section 33.1,20 or Section 5.1 shall he paid for solely by the Contractor, and (he costs of developing or implementing such action plan may not be passed on to Customers or the City, or included in rates or fees charged Customers. 3.1.21 Continual Monitoring and Evaluation of Operations The Contractor's supervisory and management staff shall be available to mect with the City at either the C'ontractor's office or City offices, at the City's option, nn an every -other -weekly basis during the first six months of the contract and monthly throughout the term of the Contract to discuss operational and Coritract issues, or such other time periods as may be agreed to by the Parties in writing. The Contractor shall continually monitor and evaluate all operaiions to ensure that compliance with the provisions of this Contract is maintained. The City may periodically monitor collection system parameters such as participation, Container condition, contents weights, and waste composition- The Contractor shall assist and fully cooperate with the City by. eoordinating Contractor's operations with the City's periodic monitoring to minimize inconvenience to Customers, the City, and the Contractor. The Contractor also shall provide full auerss to equipment, processing facilities, route and Customer service data, safety records, and other appl tcahle information. `I'he City's review of Contractor activities and records shall occur during normal Office Hours and shall be supervised by the Contractor's staff. 3.1.22 Collection/Disposal Restrictiorm Except for C&D Waste, all Garbage collected under this Contract shall be delivered to the City Disposal Systema, unless otherwise directed in writing by the City. Unauthorized disposal of (garbage, other than CCD Waste, Recyclables, and Compostables, outside of the City Disposal System shall be grounds for Contract default pursuant to Section 5,2 of this Contract. The Contractor shall not knowingly or as a result of gross negligence collet or dispose of Excluded Materials or other hazardous materials that are either restrieied from disposal or would pose a danger to collection crews. I£ materials are rejected for this reason, the Contractor shall leave a written notice with the rejected materials listing 4vE1y they were not collected and providing the Customer with a contact for further information about proper disposal options l'or such materials. Titleto and liability for any Excluded Materials, or for other hazardous materials or substances that are either restricted from disposal or would pose a danger to collection crews (including but not limited to any household I lazardous Waste and small quantity generator 11a.7ardous Waste, special waste, and radioactive material) or the environment and that are included with any materials collected under this Contract. by Contractor despite the City's and Contractor's aattemp[s to prevent the inclusion of such materials shall not pass to Contractor, but shall remain with the party t'rom whom such Excluded Materials or any such other materials or substances is received. Cityof Spokane Valley 18 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. December, 2017 3.1.23 Emergency Response The Contractor shall provide the City with the use of the Contractor's labor and equipment for assistance in the event of a City disaster or emergency declaration. Contractor services shall be provided immediately upon City directions and paid at the Contract rates in ,Attachment 8, provided that the City requests no more than an additional 10 drop -box hauls per weekday for a period not to exceed three weeks. If the City requires additional service to address a disaster or emergency event, the City shall negotiate with the Contractor to obtain the required additional services. The Contractor shall keep full and complete records and documentation of all costs incurred in connection with disaster or emergency response, and include such intnrmation in the annual reports required under Section 3,14- The Conn -actor shall maintain such records and documentation in accordance with the City's prior written approval and any standards established by the Federal Emergency )Management Agency, and at the City's request, shall assist the City in developing any reports or applications necessary to seek federal assistance during or after a federally -declared disaster. 3.2 Collection Services 3,2.1 Multifamily Complex RecyclableCollection Recycling shall be available to Multifamily Complex Customers utilizing Drop -box Container for Garbage Service at the Multifamily Complex Recycling rate surcharge provided in Attachment B in addition to their basic Garbage charges, based on the size: of the Customer's Garbage Container. 3.2.1.1 Subject Materials All Recyclablcs listed in Attachment C for Multifamily Complex Customers, shall be collected from subscribers, without limit. 3.2.1.2 ContaiJ (ns The Contractor shall provide Recycling Containers at no additional charge: to all Multifamily Complex Customers subscribing to Multifamily Complex Recycling service. The Contractor shall recommend appropriate Container sizes through its site visit and evaluation process. The Contractor shall encourage the use of Detachable Containers instead of multiple Carts at locations where: more than one cubic yard of Recycling capacity is provided, unless space or other constraints favor the use of Carts. Containers used for the collection ofRecyclable's shall he delivered by the Contractor to requesting Customers within three days of the Customer's initial request. 3.2.1.3 Specific Collection Requirements if Recycling is requested, Multifamily Complex recycling collection shall occur at least weekly or more frequently I' .space constraints preclude providing sufficient weekly capacity. Collections shall be made on a regular schedule on the same day(s) of the week and as Gloss; to a consistent time as possible to minimize Customer and tenant confusion. The Contractor and City slra[l jointly develop a protocol to address Multifamily Complex recycling contamination issues. The protocol shall address thresholds for when contamination levels trigger Customer- contact, when to put a Customer on "probation" for possible discontinued collection, when to suspend collection service and remove the subject Container, and finally, procedures for allow a Customer City of Spokane Valley 19 Decennher, 2017 Comprehensive Droop -box Container Collection Contract Sunshine Disposal Inc. to resume service after it has been suspended due to contamination_ The Contractor shall irnplement the protocol consistently for all Customers and shall notify the City via e-mail of any Customer being handled under th c protocol, 3.2.2 Drop -Box Container Garbage Collection 3.2.2.1 Subject Materials The Contractor shall provide Drop -Box Culla i ncr Garbage collection scrviees to Customers, in accordance with the service level selected by the Customer and the service rates set forth in Attachtncnl. B. 3.2.2.2 Containers The Contractor shall offer rental of non -compacted Drop -box Containers at the rates listed in Attachment B. Both Customer -owned and Contractor -owned Drop -box Containers used for compacting services shall he serviced. The Contractor shall tnaintain a sufficient Drop -box Container inventory to provide delivery of empty Containers by the Contractor to new and temporary Customers within three business days after the Customers initial request. 3.2.2.3 Specific Collection Rcquirement,s The Contractor shall provide dispatch service and equipment capability of delivering empty and collecting hill Drop -box Containers on the same business day if the Customer's initial request is received by the dill center before or at noon, and no later than the next business day if the Customer's initial. call is received by the call center after noon. At the Customer's request and if operationally necessary and not otherwise restricted due to space or other constraints, the Contractor shall deliver an empty Drop -box Container 1.o the Customer at the time of collecting the full Drop -box Container. 3.2.3 Temporary (Non -Event) Container Customers The Contractor shall maintain a sufficient Drop -box Container inventory to provide delivery of crpty Containers by the Contractor to temporary Customers within three business days after the Customer's initial. request. The charges for all temporary Containers shall he included in Attachment 13. No additional fees other than those included in Attachment 13 may be charged. Temporary Garbage services shall not exceed 90 days in duration. Customers requiring service for more than 90 days sinill subscribe for Drop Box Garbage service. 3.2.4 Excluded Services "['his Contract does not include the collection or di posal of Excluded Materials. Collection of Garbage and Rceyclahles in any manner and by any Container type other than as specified herein are excluded from the Contract and are contracted for separately by the City, 3,3 COLLECTION SUPPORT AND MANAGEMENT 3.3.1 General Customer Service The Contractor shall be responsible for providing all Customer service functions, including, but not limited for City of Spokane Watley 20 Comprehensive Drop -box Container Collection Contract Sunshine Disposal lite. December, 2017 • Answering Customer telephone calls and a-rnail requests; • Informing Customers of current, new, and optional services and charges; • Handling Customer service requests, subscriptions and cancellations; • Receiving and resolving Customer complaints; • Dispatching Containers; • Billing; and, • Maintaining and updating regularly as necessary a user-friendly internee website, These functions shall he provided at the Contractor's sole cost, with such costs included in the Customer charges set forth in Attachment B. 3.3.2 Specific Customer Service Requirements The Contractor shall maintain a Spokane Valley -specific focal or toll free telephone number with sualeiettl physical capacity to meet Section 3.3.2.4 performance requirements. The holiday collection schedule described in Section 3.1.6 shall also apply to Customer service coverage. Customer service representatives shall be available through the Contractor's call center during Office flours for communication with the public and C its representatives. Customer calls shall he taken during Office Hours by a person, not by voice mail. During all noxi -Office Hours for the call center, the Contractor shall have an answering or voice mail service available to record messages from all incoming telephone calls. 3.3.2.1 Customer Service Representative Staffing During Office Hours, the Contractor shall maintain sufficient staffing to provide timely response to complaints and service requests, consistent. with required Contract response times for Customer communications, During office hours, Customers shall not be required to navigate automated telephone answering option branches in order to speak with a C. stomer service representative, but shall be routed directly to a Customer service representative_ If incoming telephone calls necessitate, the Contractor shall increase staffing levels as necessary to meet Customer service demands. The Contractor shall work towards providing and publicizing a Lelcophone number capable of handling service related text messages. The Contractor shall maintain sufficierii staffing to answer and handle complaints attd service requests in a timely manner mace by methods other than telephone, including letters, e-mails, text messages or webpage messages. if staffing is deemed to be insufficient by the City to handle {Customer complaints and service requests in a timely manner, the Contractor shalt increase staffing levels to meet performance criteria. 3.3.2.2 City Customer Service The Contractor shall maintain staff that. has management level authority to provide a point of contact for the majority of City inquiries, requests, and coordination covering the full range of Contractor activities relaled to this Contract. Duties include, but. arc not limited to: • Assisting City staff with promotion and outreach to Customers; • Serving as an ombudsperson, providing quick resolution of Customer issues, complaints, and inquiries; and, • Assisting the City with program development and design, research, response to inquiries, and troubleshooting issues, Cit? off Spokane Valley 21 Com prelrensive Drop -box C:outs liter Collection Contrast Sriuxhine Disposal Inc_ December, 2017 The Contractor shall maintain a representative or answering service to contact such representative, available at an emergency telephone number aro] email for use by the City in the event of an emergency during all hours. The City shall not use the emergency contact after normal office hours for normal customer service issues. 3.3.2.3 ssues- 3.3.2.3 r'vice Recipient Complaints and Requests The Contractor shall. record all complaints and service rgtrests, regardless of how received, including date, time, Customer's name and riddress, if the Customer is willing to give this information, method of transmittal, and nanire, date and manner of resolution of the complaint or service request, in a computerized daily log. Any telephone calls received via the Contractor's non -office hours voice mail or answering service shall be recorded in the log the following business day. The Contruelor shall make a conscientious el'lirt to resolve all complaints within one business day of the original phone call, letter, ar internet communication, and service requests within the times established throughout this Contract for various serviee requests, If a longer response time is necessary for eomplaints or requests, the reason for the delay shall be noted in the log, along with a description of the Contractor's efforts to resolve the complaint or requ es t. The Customer service log shall be available for inspection by the City, or its desigmated representatives, during the Contractor's Office t lours, and shall be in a format approved by the City, The Contractor shall provide a copy of this lug in an electronic format from the Microsoft Office suite of software to the City with the annual report, 3.3.2.4 Handling of Customer Calls All incoming telephone calls shall be answered promptly and courteously, with an average speed of human answer` of less than 30 seconds. No telephone calls shall be plaeed on hold ttbr more than one minute, and on a monthly basis, no more than 10% of incoming telephone calls shall be placed on hold for more than 30 seconds, The Contractor is encouraged to provide a "call-back" function to handle high call volumes. A Customer shall be able to talk directly with a Customer service representative when calling the Contractor's Customer scivicc telephone number during Office Hours without navigating an automated phone answering system. An automated voice mail service or phone answering system may be used when the office both the Customer Service Office and the Customer Service Center is closed. A Customer calling into the Customer service phone lines and placed on hold shall hear only messages that are applicable to Spokane Valley and not misleading to City Customers. 3.3.2.5 Corrective Measures Upon the receipt of Customer complaints in regard to busy signals or excessive delays in answering the telephone, the City may request the Contractor submit a plan to the City to correct the problem. Once the City has approved the plan, the Contractor shall have sixty (60) days to implement the corrective measures, except during the transition and implementation period from one (1) month prior to the Date of Commencement of Service, through the end of the fourth tnonth after the Date of Commencement of Service., during which the Contractor shall have one (1) week to implement corrective measures - Reasonable corrective measures shall be implemented without additional compensation to the Contractor. Failure to provide convictive measures shall result in possible performance fees for the Contractor, 3.3,24 Contractor Internet Wcbsitc City of Spokane Valley 22 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. Decernberr, 2017 The Contractor shall provide a searchable user-friendly Internet website containing information specific to the Contractor's collection programs, material preparation requirements, available services and options, rates and tees, inclement weather service changes, and other relevant service information for its Customers. The website shall include an e-mail function for Customer communication with the Contractor, and the ability for Customers to submit servic c requests and manage their services on-line. Emailed Customer service requests shall be answered within one business day of receipt. T]ic vvrchsite shall offer Customers the option to receive and pay their service bills on-line through a secured bill payment system that enables Customers to make one-time or ongoing payments via credit card or cheekingjsavings account at no extra charge. The website; design shall he usability tested and then submitted for City approval a minimum of three months prior to the Date of Commeneem nt of Service of this Contract, and then changes shall be subject to the City's prior approval throi ghout the term of this Contract. The website shall he functional fbr regular computers, tablets, and smart -phones or other similar mobile devices. Changes requested by the City shall be uploaded to the website within 48 hours of the time of the request. Changes requested by the City that are related to an emergency or time -sensitive situation (such as an inclement weather event, windstorm, or event preventing access to a Customer's regular place of container set -out) shall ber uploaded to the website within four hour of the time of request The Contractor shall review the website monthly, update as needed, and send mails of the updates to the City. Appropriate links shall be provided to the City's website and the Contractor shall cheek monthly that all links (including both City and non -City) links are current. Upon City re {nest, the Contractor shall provide a website utilization report indicating the usage of various website pages and email option, 3.3.2.7 Full Knowledge of Garbage and Recyclables Programs Required The Contractor's Customer service representatives shall be fully knowledgeable of all collection services in Spokane Valley available to Customers under this Contract For new Customers, Customer seavice representatives shall explain all Garbage and Recyclables (for Multifamily Coinplex Customers), and collection options available and specificto the service sector the Customer requires. For existing Customers, the representatives shall explain new serviees and options, and resolve recycling issues (for Multifamily Complex Customers), collection concerns, missed pickups, Container deliveries, and other Customer concerns. Customer service representatives shall he trained to inform Customers of Rccyclahles preparation specifications. City policy questions shall be immediately forwarded to the City for response. The Contractor's Customer service representatives shall have immediate electronic access to Customer service data and history. The Contractor shall provide the City with internal customer service representative training and siupport information specific to the. City to allow the City to review and cheek information provided to customer service representatives and, in turn, provided to City Customers. Any revisions lo these "materials be approved in writing (viva e-mail) by the City prior to being used by cusiomer service representatives. Upon City request, the Contractor shall also provide the City with up to two phantom billing accounts representing various sectors to facilitate City monitoring of Customer communications and billing protocols. These phantom accounts shall be established in conjunction with the City, shall he accessible to the City, and managed as it the City were a normal Customer using, these accounts. 3.3.2,8 Custoiner Communications The City and Contractor reeognizc that Customer preferences for their method of communication may change during the terra of this Contract and agree to adjust customer service expectations to match City of Spokane Valley 23 December, 2017 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc, Customer preferences. For example, if call traffic to the Coniraelor's telephone -based call center reduces over lime and is supplanted by an increase: in lexting, the Contractor shalt shift stuff resources accordingly to ensure high levels of customer service_ The City and Contractor agree to review Contract requirements periodically and negotiate in good faith any desired improvements to the Contract service standards related to customer service delivery. 3.3.3 Customer Billing Responsibilities The Contractor shall he responsible for all billing functions related to the collection se>rviecs required under this Contract. All Customers shall be billed monthly. In no case shall a Customer's invoice be past due: prior to the receipt of all services covered by the: billing period_ The Contractor's billing cycle parameters include, but are not limited to the serviee period, invoice date, due dale, lute fee date, reminder. date(s), Container removal and stop -service date. 'rhe City reserves the right to review and provide feedback on the bill template used by the Contractor as to format and design to ensure Customer satisfaction, The Contractor shall evaluate and may incorporate the City='s recommendations in good faith. Billing and accounting costs associated with Customer invoicing, including credit card fees; shalt be bonne by the Contractor, and are included in the service fees in Attachment B. The Contractor may bill to Customers ]ate payments and "non -sufficient funds" check charges, as well as the costs of bad debt collection, under policies and amounts that have been previously approved in writing by the City. The Contractor Shall offer paperless billing, including an autopayieleetronic notification function that allows Customer to set up autopay and receive an e-mail or text notification of the amount and draw date of the payment, without requiring the Customer to navigate to the Contractor's website to obtain that information. The Contractor shall be responsible for the following: • Generating Garbage and Recyc:lables (if applicable) billing for all Customers; • Generating bills printed double -sided; • Generating bills that include at a minimum a statement indicating the Customer's current service level„ current. chanes and payments, appropriate taxes and fees, Customer service contact information and website information; • Generating bills that clearly state the dale at which late fees will be assessed for non-payment; • Generating bills that have sufficient space on the front of the hill for educational or informational messaging, as directed by the City; • Accepting automatic ongoing payments from C'ustonners via debit or credit card, checking or savings account withdrawal, or by wire transfer_ No transaction feces may be levied on any Customer payments; • Accepting, processing, and posting payment data each business day as applicable; • Accepting bill inserts for specific Customer sectors; • Maintaining a system to monitor Customer subscription levels and charge fior additional services requested and delivered. This system shall maintain a Customer's historical account data for a City of Spokane Valley 24 Comprehensive Drop -box Container ColWain n Contract Sunshine Disposal Inc. December, 20 17 period of not less than six (6) years frann the end of the fiscal year in accordance with the City's record retention policy, and in a manner that is instantaneously accessible to Customer service representatives needing to refer to Customer service data and history; • Accepting and responding to Customer requests For service Level changes, missed or inadequate collection services, and additional services; • Collecting unpaid charges from Customers for collection services; and • Implementing rate changes as specified in Section 4,3. The Contractor shall be required to have procedures in place to backup and minimize the potential for the loss or damage of the account servicing (e.g., Customer service, service levels, and billing history) database, TheContractor shall ensure that at a minimum a daily backup of the account servicing database is made: and stored off-site. The Contractor shall also provide the City with a copy of the account. servicing database (excluding Customer financial information such as credit card or bank account numbers) sorted by Customer sector via c-rnail, FTP site or electronic media upon request. The City shall have unlimited rights to use such account servicing database to manage its solid waste program, including, but not limited to, developing targeted educational and outreach programs, analyzing service level shifts. or rate impacts, and/or providing information to successor contractors, Upon seven (7) days written notice, the Contractor shall provide the City with a paper and/or electronic copy at the City's discretion of the requested Customer information and history, including but not limited to Customer names, service. and mailing addresses, contact information, service levels, and current account status. "l'he City may, at its option, transition to a billing agent relationship with the Contractor where the Contractor shall hill. City -specified rales to Customers for all services under this Contract on the City's behalf and thtri receive, post and remit all funds to a City -specified account. The City shall then manage the receipts. and pay the Contractor Contract rates, including or excluding the disposal cost component depending on whether tllc City elects to pay Garbage disposal fees directly to City's Disposal System. In the event that the City elects to shift to a billing agent relationship, the City and Contractor agree to negotiate Vic EMIT'S of transition, direct payment of disposal fees to the City's Disposal System, inclusion of additional billed utilities and othor items in good faith, provided that. the Contractor's underlying compensation tor Contract services, other than the disposal component, shall remain substantially the same, 3.3.4 Reporting The Contractor shall provide annual and ad hoc reports to the City, The Contractor report formats may be specified and reasonably modified from time to time at City request at no cost to the City. En addition, the Contractor shall allow City staff access to pertinent operations information related to compliance with the obligations of t:bis Contract, such as vehicle route assignment and maintenance logs, garbage and/or Rccyclables processing facility certified weight slips, and Customer charges and payments. 33.4.1 Annual Reports On an annual basis, by January 301h, the Contractor shall provide a report. containing the following information for the: previous year: City of Spokane Valley 25 Comprehensive Drap-hox Con titiner Collection Contract Sunshine Disposal Inc. December, 2017 1. A billing summary that provides the number of Customers billed at each service level (e.g. by container size, extra services) for each service sector (e.g., Multifamily Complex, Commercial Customers and Temporary Customer hauls by Container size), the total ririmhcr of Customers for each type of service by sector, Customer receipts Icy each service level, unci total billings. 2, A log of all Customer complaints, including Customer name, property name and address, cyte of contact or site visit, reason for site visit, results of Customer request, complaint, inquiry and/or site visit, Container sizes for various materials (e.g., G rbagc or Recycling), frequency of collection for various materials before site visit and resulting changes after site visit, additional follow-up needed, follow-up conducted, results of follow-up, and materials provided. 3. A summary ot'total Garbage and Recyclables quantities collected (in tons) for each collection sector_ The summary shall include [hc names of facilities used for all materials and tonnage: delivered to caeh, facility. 4. A description of any vehicle accidents, infractions, leaks or spills. 5. A discussion of promotion., education, and outreach eff=orts, and accomplishments for each sector and plans for the coming year. 6. An inventory of current collection vehicles and other major equipment, including model, year, make, serial or VIN number, assigned vehicle number, mileage: (if vehicle), collection sector assigned to or used in, and maintenance history, including vehicle painting. 7. A list of Multifamily Complexes for which the Contractor is currently providing Ciarbage service and which arc eligible liar Recycling collection service, but not receiving service, with the results of required contacts made during the year to promote the Recycling service to those complexes, including the reason why (tic Multifamily Complex is not receiving Recycling service, 8_ Upon at least 36 days' written noticc from the City (e.g., prior to December 1), a summary of Recyclables market prices, lJpon written request, the City inay require that the summary of Recyclables also include contamination levels and processing residues disposed as Garbage and a description of the methodology used to determine contamination or residual levels (e.g. sample loads from an individual route truck, aggregate samples from all loads delivered to a facility, etc.). If Recycling collection vehicles are used to service more than one jurisdiction, the Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting of collection volumes and quantities from the different jurisdictions_ The apportioning methodology shall be subject to the prior review and written approval of the City, and shall be periodically verified through field testing by the Contractor, 3.3.4.2 Ad Hoc Reports The City may require specialized ad-hoc reports from the Contractor at no additional cost to the City, provided that such reports do not require the Contractor to expend more than 20 staff hours each calendar year to complete. If ad hoc reporting requires over 20 hours in a particular calendar year, the Contractor may charge the City for additional slaf'time at a rate of35 per hour, as adjusted annually by the same CPI modification adjustment as set forth in Section 4.3.1. The Contractor shall inform the City of the cumulative total of hours expended, supported by ra listing of stat names, date of work, work task Eind hours expended, upon the completion of each report requested by the City. These: reports may include Customer service database tabulations to identify specific service level or participation patterns or other similar information.. City of Spokane. Valley 26 December, 2017 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. Reports shall be provided in such format and with such software compatibility as reasonably may be specified by the City. 3.3.4.3 Other /deports If requested by the Ci[y, the Contractor shall provide daily route information for all service sectors and collection streams for the purpose of evaluating potential collection system changes during the term of the: Contract. Information received by [he City shall be subject to existing laws and regulations regarding disclosure, including the Public Disclosure Act, chapter 42.56 RCW. 3.3.5 Promotion and Education The Contractor, at its own cost and at the direction and approval of the City, shall have primary responsibility for developing., designing, executing, and distributing public promotion, education, and outreach programs. The Contractor shall also provide at its cost annual service-oriented information and outreach [0 Customer's, distribution of City -developed promotional and educational pieces at the City's direction, arid implementation of on-going recycling promotions, education, and outreach programs at the direction of the City. All written materials, Customer surveys and other general communications provided to Customers by the Contractor shall be approved in advance by the City. Each September, the City and Contractor shall _jointly plan the Contractor's specific promotion and education program for the following year, including adjustments in materials and/or targeted audiences, as consistent with the City's solid waste management plan. The Contractor shall contact, at the City's request, the manager or owner of Multifamily Complex sites to which it provides Drop -box Container service to encourage recycling participation, address concerns, space or contamination problems, provide outreach to residents, and inform the manager or owner of all available services and ways to decrease Garbage generation. The Contractor shall coordinate and work cooperatively with City stool anti/or consultants hired to conduct outreach and education, and provide teehn ical assistance. Any additional promotional, educational, and informational materials provided by the Contractor to Custorncrs in connection with the Contract shall be designed, developed, printed, and delivered by the Contractor, at the Contractor's cost, and subject to the City's final written approval as to form, content, and mctliod of delivery. The City shall review and approve: all materials and a in inimum of a two weeks City review period shall be provided in all eases by the Contractor to allow sufficient time for City review and approval. 3.3.6 Transition to /Next Contractor The Contractor shall work with the City and any successive contractor in good faith to ensure, mi iirnal Customer disruption during the transition period from the City's previous contractor to the City's new CCltrtr'i'rctor. Container removal and replacement shall be coordinated between the Contractor and a successive contractor to occur simultaneously in order to minimize Customer inconvenience. The Contractor shall remove any Containers for all services or any portion of services provided under this Contract upon sixty (60) days written notice from the City. The Contractor shall provide a de[ailcd Custorrncr list in an electronic format acceptable to the City, including Customer name, contact information (Le., telephone: number and c -mail address., if available), service address, mailing address, collection serviec levels and frequencies, and Container rental service levels to the successive contractor within seven (7) days of initial request by the City. City of Spokane Valley 27 Comprehensive Drop -box Container Collection Contract Sunshine Disposal inc. December, 2017 Failure to fully comply with this Section 3.3.6 shall result in the forfeiture of the Contractor's performance bond, at the City's discretion. 4. COMPENSATION 4.1 Compensation to the Contractor 4.1.1 Rates The Contractor shall be responsible for billing and collecting funds from Customers in accordance with the charges for services listed in. Attachment R. Tlrc Contractor may reduce or waive at. its option, lout shall not exceed, -the charges listed in Attachment B. 'These payments shall comprise the entire compensation clue to the Contractor, In the event that a Customer places Excluded Materials in a Container, and the Contractor collects those materials inadvertently and incurs extraordinary expenses dealing with those materials, the Contractor may charge the Customer the actual costs of managing those materials, as approved by the City, which approval shall not be unreasonably withheld or delayed, Actual costs shall include additional transportation, handling, and disposal costs incurred hythe Contractor for handling only t.basc specific materials traceabIc to that Customer. The City is not required under this Contract to make any payments to the Contractor for services performed, or for any other reason, except as specifically described in this Contract, or for services the City obtains as a Customer. in the event that the Contractor or a Customer desires Drop -box Cuntainor-related services not specifically addressed in this Contract, the Contractor shall propose service parameters and a rate to the City in writing, based on the average of surrounding WUTC tariffs if such service is addressed in current tariffs, Upon the City Manager's written approval, the Contractor may provide the requested services. In no case shall the Contractor provide unauthorized services or charge unauthorized rates. The City Manager may, at his or her sole discretion, determine whether to bring the proposed services and rates to the City Council for approval. 4.1.2 Itemization on Invoices Except as otherwise provided in this Contract, all applicable City, Coa.aran, and Washington State solid waste or household hazardous waste taxes or fees, utility taxes, and (if allowed under the last paragraph of Section {1-1 .2) sales taxes shall be iteranized separately on Customer ccs and added to the charges listed in Attachment B, except that the City Administrative Fees shall be i ncluded in Attachment 13 rates and shall I not be itemized separately on Customer invoices, All Recyclables Container costs, collection costs, and revenues are included in the Multifamily Complex Recycling Surcharge subscription rates fisted in Attachment B. Charges for all services listed on Attachment B shall be itemized on the Customer invoices separately by the: Contractor, and may at no time exceed the charges set forth in Attachment B. The City's disposal fee as it exists on the date of execution or as thereafter modified shall also be. itemized separately on Customer invoices with charges for Drop -box Container service. The Contractor shall charge Drop -box Customers the actual disposal cost without mark-up. City of Spokane Valley 28 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. December, 2017 The Contractor shall not separately charge sales tax for services that include any Container as part of the overall service package such as Multifamily Ccirtrplcx Recycling collection. Only Services that separate and itemise optional container rental (speeifieally Drop -box Container rental) shall have sales tax charged and listed on Customer invoices. The Contractor shall pay appropriate sales tax upon purchase of all equipment and Containers, and those casts arc included in the rates provided in Attachment B. In no case shall Customers be separately charged sales taxes paid by tlrc Contractor on its equipment and Containers_ 4.2 Compensation to the City At the option of the City and upon 90 days written notice, the Contractor shall pay to the City an Administrative Fee on or before the last working day of each month during the remaining term of this Contract, The Administrative Fee shall be based on the gross receipts received by the Contractor from Customers under this Contract for the prior month's receipts, exeluding Drop -box disposal fees. Calculation of gross receipts shall not include an Administrative Fee collected from Customers. When providing notice to begin the Administrative Fee, the City shall set the initial Administrative Fee rate_ The Administrative Fee shall be assessed as a percentage of gross reee:ipls received by the Contractor from those Customers since the last. Administrative Fee payment period, consistent with the administrative fee calculations shown .in Attachment 1). The Cuntractor's obligations to pay Administrative Fee shall extend past the termination date of this Contract until the Contractor is no longer receiving payments from Customers for services provided under this Contract.. The crates included in Attachment13, as modified during the term of this Contract, include the Administrative Fee, and Customers shall not be separately charged art itemized Administrative Fee. Attachment D contains an example of how the Administrative Fee is included in rates, and lists the Contractor's service rate, the City's share of the retail late, the State excise tax associated with the Administrative Fee, and the eorrrbined retail rate. Any adjustments to the Administrative Fee rate shall be calculated in a manner consistent with the example shown in Attachment D. The Contractor shall fully participate with any City billing audit. to confirm the Contractor's Customer receipts during any accounting period during the term of the Contract. The audit shall be confined to confirming Customer billing rates, Contractor receipts for services provided under this Contract and bad debt recovery_ The Administrative 1-ee may be changed by the City in any year, provided that the change is synehr uiiicd with the annual Contractor rate modification described in Section 3.3. The City shall notify the Contactor of the new Administrative Fee for the following year by August 1', and the Contractor shall itemise and include the appropriate adjustment in its Rate Adjustment Statement provided September 1' of each year. In the event that the Administrative 1-ee is adjusted, either up or down, the Contractor shall add or subtract an amount equivalent Lo [he state excise tax, as may be adjusted from time to time by [he State of Washington. In addition, the Contractor shall be responsible for payment or all applicable permits, licenses, fees and taxes as described in Section 7.10, Permits and Licenses. 4.3 Compensation Ail j rrstments 4.3.1 Au anal CPI 14'loil nice t.i u rr The Contractor's eollection service charges and miseel]ancous fees and Contract options contained in Allachment R, excluding waste disposal foes, for each level of service shall increase or decrease each year by' JO°' of the annual percentage change in the average CPT for the 12 month period July 1 through June City of Spokane Valley 29 Counpreliensive T1rop-hoc container Collection C:ientract Sunshine DisposaI Inc. December, 2£917 30 of the calendar year the adjustment bccorncs effective as compared to the CPI average tor the preceding 12 -month period and multiplying the result by the that applicable service charges and miscellaneous fres. Such increases or decreases are considered part of this Contract that occur automatically on an annual basis and shall not acquire additional City Council approval; provided such increases or decree ea aro subject to City review and verification as set forth below for the amount of such increase or decrease. Adjustments to the Contractor's collection service charge shall he made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments_ Rates shall be adjusted annually, beginning December 1, 2018. The Contractor shall submit in writing and electronic form to the City for review and verification a Rate Adjustment Statement, calculating the new rates for the next year, on or by September 1" of each year, starting September 1, 2018. The City shall review and provide comment as to any errors with the calculations, by September 19 .11 of each year. In the event that the Contractor does not submit a Rale Adjustment Statement by September 1', the City shall calculate and unilaterally implement a rate adjustment based on the best available information as of September 1" of that year for the applicable period, and the Contractor shall lose the right to appeal this action. Absent. City notification and subsequent remedy of errors, the new rates shall take effect on Tlecenmber. 1" of that year. Contractor shall notify Custorners of the impending rate adjustment by October 15`1', at least 45 days prior to the new rate going into effect. Should ratepayers not receive notification by October 15th, due to missed deadlines by the Contractor, implementation of the new rates shall be delayed by one month without opportunity for recovery of lost revenue. An example of rate adjustments due to Consumer Price Index changes is provided in Attachment D. 4.3.2 Changes in Disposal Processing Sites If the Contractor is required by the City or other governmental authority to use a Garbage disposal site other than those being used at the initiation of this Contract, the Contractor shall submit a detailed proposal, including full disclosure of relevant cost impacts, for the adjustment of the rates to reflect any additional cost or savings to the Contractor, The Contractor's rates pursuant to this Conlrael in such a case shall be adjusted so as to pass through any resulting additional costs incurred by or savings to the Contractor. The City and Contractor agree to negotiate in good faith and to make any changes to the rates to accomplish a pass-through of any such costs or savings. 43.3 Other Modifications Except as otherwise expressly provided for by this Contract, Contractor shall not adjust or modify the rates charged to Customers above the rates set forth in Attachment B due to employee wage increases, changes in commodity prices for Rccyclables, or other changes affecting the collection system. In the event that unforeseen temporary market failure prevents or precludes compliance with the requirements of Section 3.1.10, the Contractor may request a temporary adjustment or other relieffr°om the requirements of that Section 3.1,10. The City may request any and all documentation and data reasonably necessary to evaluate such request by the Corai.ractor, and may retain, at its owri expense, an independent third party to audit and review such documentation and such request_ If such third party is retained, the City shall lake reasonable steps, consistent with State law, to protect the confidential or proprietary nature of any data or information supplied by the Contractor. If an unforeseen market failure persists more than nine months, the Parties agree to engage in good faith negotiations to determine a mutually acceptable course of action, including but not limited to eliminating City of Spokane Valley 30 Comprehennive Drop -box Container Collection Contract. Sunshine Disposal inc. December, 2017 the materials from the list of Recyc:lablcs, changing Customer preparation requirements, or any other mutually -agreeable solution. The City shall review the Contractor's request within 120 days ofrec ipt. Upon the City's review of the Contractor's request, the City shall approve or deny the request, at its sole discretion. 4.3.3.1 New or Changes in Existing Taxes If new City, County, Washington State, or Federal nixes arc imposed, or the rates of existing taxes are changed after the Date of Execution of this Contract, and the impact of these changes results in material increases or decreases in annual Contractor costs, the Contractor and City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate and if so, to determine the amount and the method of adjustment. in the event that road or bridge tolls are implemented that affect the Contractor's operations under this Contract, the City and Contractor agree to enter into good faith negotiations to adjust compensation accord ingly. 4.33.2 Changes in Service Provision In the event that either the Contractor or City propose any changes in how Contract services are provided that materially reduce Contractor cosh, the Contractor shall promptly notify the City in writing of such reduced costs and expected Customer impacts. if the City reasonably believes that the changes will result in an adverse effect on City Customers, the City may, at its sole option, reject the proposed change.. Otherwise, the Contractor and Cily shall mutually agree on how to split the savings between the Contractor and Customer to reflect any potential net decrease in Customer convenience due to the change. 4.4 Change in Law In the event there are changes in federal, State, or local laws or regulations which result in material increases or decreases in annual Contractor costs, the Contractor and City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate, and if so, to determine the amount and the method of adjustment. if the City requires review of linan.cial or other proprietary information in conducting its rate review, at the request of the Contractor, the City shall retain a third -party to review such information at the City's expense, and shalt take such other steps as arc reasonably teasible and appropriate to protect the confidential nature of Contractor's documents. This section shall not require the City to approve any compensation adjustment.. 5. FAILURE TO PERFORM, REMEDIES, TERMINATION The City expects high levels of Customer service and enllection service provision. Performance tailures shall be discouraged, to the extent possible, through specific performance c fees far certain infractions and through Contract default for more serious lapses in service provision- Section 5.1 details infractions subject to performance fees, and Section 5.2 details default provisions and procedures. 5.1 Performance Fees The City reserves the right to make periodic, unscheduled inspection visits or review of Contractor's activities to determine the Contractor's compliance with the provisions and requirements of this Contract. Such inspections or review are not required to be leased upon any formal complaint or notification. In the event that the City's inspection reveals that the Contractor has failed to satisfactorily perform any duties of City of Spokane Valley 31 December, 2017 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. this Contract, the City shall present a documented incident report to the Contractor detailing such unsatisfactory performance. The Contractor and the City agree that upon receiving such report, the Con[.ractor shall pay the following dollar amounts, not as a penalty, but as performance fees for failure to satisfactorily perform its duties under this Contract The City and the Contractor agree that. the City's damages would be difficult to prove in any litigation, and that these dollar amounts arc a reasonable estimate of the damages sustained by the City as a result of the Contractor's failure to satisfactorily perform its duties under this Contract. Performance fees shall consist of the following, as well as those set forth in Section 3.1.16: City of Spokaue'Vailey 32 Comprehensive Drop -box Container Collection Contract Sunshine Disposal inc. December, 2017 Aelivrr (Pi' Orrrission [ Performance fees Collection before or after [he Limes .]CL' i lied in Section 3 _ I .,1., excep[ as expressly permitted in writing. $500 per incident (c:aelu vehicle un each route is a separate incident),. 2 Repetition of complaints after to tifiaation, including, but not limited to, failure to replace Containers in designated. locations, spilling., not closing gates, not replacing lids, crossing planted areas, or similar violations. $50 per ineicicnt, not to exceed $5,000 per vehicle per day. 3 Failure to promptly clean-up or collect leaked or spilled materials atter notilireatioxr by the City_ Twice the cost of cleanup to the City, plus $500 per incident_ 4 Repeated leakage or spillage: {i-om Contractor vehicles or of vehicle contents after City notification to the Contractor of the problem. $500 per vehicle, per inspection, plus clear] -up costs_ 5 Failure to replace a leaking Container within one business day of notification_ $250 per incident, and then $100 per day that the Container is not replaced. { Failure to collect materials within the time pe:rioc[s specified with i n the Contract. $100 per incident to a maximum of $5,000 per vehicle per day. Rejection of Garbage or Recyclables without providing documentation to the Customer of the reason for rejection. $100 per incident_ {) Failure to deliver Containers within three days of request to Customers requesting service after the Date of Commencement of Service. $100 per incident. 10 Material misrepresentation by Contractors in records or reporting, as determined by the City or upon a series of misrepresentations when the Contractor ha.s failed to provide correet and accurate records or reportii . $5,000 per incident_ 11 Failure to provide the required annual report on time_ $500 per day past deadline, 12 Failure to maintain clean, sanitary and properly painted Containers, vehicles and facilities. $5O per incident, up to maximum of $ I ,000 per inspection. 13 Collection ofRecyclables in El vehicle placarded for Garbage eollcciion without the express written permission of the City, $2,000 per vehicle, per incident. 14 Failure to meet Customer service answer and on -hold time performance requirements. Sl00 per day. 1 Failure to meet the service and performance standards listed in Section 3.2 of this Contract for a period of two consecutive inoiii},s $250 per day until [he service standards listed in Section 3.2 are met for 10 consecutive business days. City of Spokaue'Vailey 32 Comprehensive Drop -box Container Collection Contract Sunshine Disposal inc. December, 2017 Nothing in this Section shall be e:unslrued as providing an exclusive List of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right to exercise any and all remedies it may have with respect to these and other violations and breaches. The performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as described in Section 5.2. Performance foes, if assessed during a given month, shall be invoiced in writing by the City to the Contractor. The City shall notify the Contractor of an assessment of performance fees within 30 days of the City becoming aware: of the violation_ The Contractor shall be required to pay [he City the invoiced amount within 30 days nfhilling_ Failure to pay performance fees shall be considered a breach of this Contract, and shall accrue penalty charges of 8,0% ol'the amount of any delinquent payments. Any performance fees assessed against the Contractor may be appealed by the Contractor to the City within 10 days of being invoiced for assessed performance fees. The Contractor shall be allowed to present evidence as to why the amount ofthe assessed performance fees should he lessened or eliminated including the provision of income( information provided by a previous contractor for contract failures during the initial transition period_ The City reserves the right to waive any pert rnranee tea The decision ofthe City shall be final, 5.2 Coiwiract Tle(ault The Contractor shall be in default of this Contract if it abandons or violates any portion or provision of [his (Contract, fails to fully and promptly comply with all its obligations, or fails to give any satisfactory reason for noncompliance_ ] n addition_ the Contractor shall be iii default of the Contract should, including but not l i ns ited to, any of the following occur: 1. The Contractor fails to commence the collection of Garbage and Recyclables, or fails to provide any portion of service; under the Contract on the Date of Commencement of Service, or for a period of more than five consecutive collection days at any time during the term of this Contract except as provided pursuant to Section 3.1.16 (labor disruption) or Section 7.15 (fore majcurc); 2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license negnircd by the City, County, or any federal, State, or other regulatory body in order to collect materials under this Contract, or comply with environmental standards and regulations applicable to se:rviets provided under this Contract 3. The Contractor's noncompliance crates a hazard to public health or safety or the environment; City of -Spokane Valley 33 Comprehensive Drop -box Container Coll ectinn Contract Sunshine Disposal Inc, December, 2017 Actin or Omission Performance fees 16 Failure to properly use an authorized swilehablc placard or nameplates as described in Section 3.].13. $ 100 per placard per vehicle per day. 17 Inability to reach the Contractor's staff via the emergency telephone number within one hour of the City becoming aware of the event giving rise to the call. $500 per incident. 18 The use of outdated, or unauthorized stickers, or lack of required stickers on Contractor -provided Containers. $50 per Container. 19 Failure to have correct rates for all Customer sectors and service levels listed on the Contractor's website. $250 per day, with no maximum. Nothing in this Section shall be e:unslrued as providing an exclusive List of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right to exercise any and all remedies it may have with respect to these and other violations and breaches. The performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as described in Section 5.2. Performance foes, if assessed during a given month, shall be invoiced in writing by the City to the Contractor. The City shall notify the Contractor of an assessment of performance fees within 30 days of the City becoming aware: of the violation_ The Contractor shall be required to pay [he City the invoiced amount within 30 days nfhilling_ Failure to pay performance fees shall be considered a breach of this Contract, and shall accrue penalty charges of 8,0% ol'the amount of any delinquent payments. Any performance fees assessed against the Contractor may be appealed by the Contractor to the City within 10 days of being invoiced for assessed performance fees. The Contractor shall be allowed to present evidence as to why the amount ofthe assessed performance fees should he lessened or eliminated including the provision of income( information provided by a previous contractor for contract failures during the initial transition period_ The City reserves the right to waive any pert rnranee tea The decision ofthe City shall be final, 5.2 Coiwiract Tle(ault The Contractor shall be in default of this Contract if it abandons or violates any portion or provision of [his (Contract, fails to fully and promptly comply with all its obligations, or fails to give any satisfactory reason for noncompliance_ ] n addition_ the Contractor shall be iii default of the Contract should, including but not l i ns ited to, any of the following occur: 1. The Contractor fails to commence the collection of Garbage and Recyclables, or fails to provide any portion of service; under the Contract on the Date of Commencement of Service, or for a period of more than five consecutive collection days at any time during the term of this Contract except as provided pursuant to Section 3.1.16 (labor disruption) or Section 7.15 (fore majcurc); 2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license negnircd by the City, County, or any federal, State, or other regulatory body in order to collect materials under this Contract, or comply with environmental standards and regulations applicable to se:rviets provided under this Contract 3. The Contractor's noncompliance crates a hazard to public health or safety or the environment; City of -Spokane Valley 33 Comprehensive Drop -box Container Coll ectinn Contract Sunshine Disposal Inc, December, 2017 The Contractor causes uncontaminated Recyclables to be disposed of' n any way, such as in a landfill or incinerated at an incinerator or energy recovery facility, without the prior written permission of the City; 5. The Contractor fails to make any required payment to the City, as specified in this Contract; 6. The Contractor is assessed performance fees in excess of .$5,000.00 during any consecutive six month period, or 7, The Contractor fails to resume full service to Customers within twenty-one days following the initiation of a labor disruption pursuant to Section 3.1.16. The City reserves the right to pursue any remedy available at law or in equity for any default by the Contraactor, In the event of default, the City shall give the Contractor 10 clays prior written notice of its determination of a default, intent to cxercisc its rights, stating the reasons for such action, and the period for the Contractor to cure the default, In the event no sura: period is specified in such notice, the cure period shall be 10 days from the date of the notice. If an emergency arises that does not allow 10 days prior written notice, the City shall immediately notify the Contractor cif its intent to exercise its rights immediately. If the Contractor cures the stated reason within the stated cure period, or initiates cttrorts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may opt to not exercise its rights for the particular default. l.f the Contractor fails to cure the stated reason within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may at its option terminate this Contract. The City shall send notice of termination to the Contractor and surety on the Contractor's performance' bond. Upon receipt of such notice, the Contractor agrees that it shall promptly diseontinuc the services provided under this Contract, The surety of the Contractor's performance bond may, at its option, within 10 days from such written notice, assume the services provided under this Contract that the City has ordered discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms and conditions of the Contract, and all documents incorporated herein. In the event that the surety on the Contractor's performance hand fails to exercise its option within the 10 day period, the City may complete the services provided under this Contract or any part thereof, either through contract with another party or any other means, The City shall be entitled to recover. from the Contractor and the surety on the Contractor's performance bond as damages all expenses incurred, including reasonable attorney's fees, together with all such. additional sums as may be necessat'y+ to complete the services provided under this Contract, together with any further damages sustained or to he sustained by the City. If City employees provide Garbage or Recyclables collection, the actual incremental costs of C:ity labor, overhead, and administration shall serve as the basis for a charge to the Contractor and the surety on the Contractor's performance bond. 6. NOTICES All notices required or contemplated by this Contract shall be in writing and personally served or mailed (postage -prepaid and return receipt requested), addressed to the parties as follows, or as amended by the City: City of Spokane Valley 34 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. December, 2017 To City' City Manager City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 To Contractor: Maro 13. Torre, President Sunshine Disposal & Recycling, P.0, Box 1336.9 Spokane Valley, WA 99213 1. GENERAL TERMS 7.1 Collection Right The Contr4ictor shall he one of the two non-exclusive providers contracted by the City to collect Garbage in Drop -box Containers and Multifamily Complex Recyclables from Multifamily Complex Customers that utilize Drop -box Containers for primary Ciarbage service within tare City Service Area; provided that in the :vent of an official declaration of emergency by the City and where the existing Contractors cannot provide sufficient service to meet necessary immediate public health, safely, and welfare needs due to the emergency event, the City may acquire similar services solely to rneet the, immediate public Health, safety and welfare needs of the community, Collection of Drop -box Garbage and, as may be applicable, Recyclables, shall occur solely in accordance with the terms of this Contract_ No other collection rights are otherwise authorized unless specifically granted by the City. The City shall not be obligated to join or instigate litigation to protect the right of the Contractor. Th is Contract provision shall. not apply to Garbage or Recyclables self -hauled by the generator; to Source - separated uiaterials hauled by common or private. carriers (including drop-off recycling sites); to ce4 ) Waste hauled by self -haulers or construction or demolition contractors in the normal course of their business; to Yard Debris generated and hauled by private landscaping services; or to non-residential Corpostahies hauled by common or private carriers_ The Contractor shall retain the right and cover all costs to dispose of or process and market the Garbage an&or Recyclables once these materials are placed in Contractor -provided Containers_ The Contractor shall retain revenues gained from the sale of Rcuyclables, i,ikcwise, a tipping or acceptance fee charged for Recyclahles shall be the financial responsibility of the Contractor. 72 Access to Records The Contractor shall maintain in its loe:al office foil and complete operations, Customer, financial, and service records related to the Contractor's performance under this Contract. These records shall be available upon reasonable notice for inspection and copying for any reasonable purpose by the City. hr addition, the Contractor shall, during the Contract (con, and at least seven years thereafter, tuaintain in an office in Spokane County reporting records and billing records pertaining to the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting the Contractor's services provided under this Contract.. Those Contractor's accounts shall include, but shall not be limited to, all records, invoices, and payments under the Contract, as adjusted for additional and deleted servicc,s provided under this Contract. °1'he City shall be allowed access to these records for audit and review purposes, subject to the same protections of the Contractor's financial other proprietary information set forth in Section 4.4. City est Spokane Valley 35 Comprehensive Drop -box C'irniner Collection Contract Sunshine Disposal Inc Deeeni ttcr. 2017 The Contractor shall make available copies of certified weight slips for Garbage and Recyclables on request within I 0 business days of the request. The weight slips may be requested for any period during the term of this Contract. 7.3 Insurance The Contractor shall procure and maintain insrur nee, as required in this Section, without interruption from commencement of the Contractor's work through the term of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated herein. Contractor's maintenance of insurance, its scope of coverage: and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 7.3.1 Minimum Scope of Znsr,rarrce Conk -actor shall prrrcurc and maintain for the duration of the Contract, 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. Contractor shall obtain insurance of the types described below: 1. 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 and including Pollution coverage related to transport cargo. 2- Commercial general liability insurance shall be at least as broad as ISO occurrence farm CO 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury, and advertising injury. 'There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse, or underground property damage. City shall he named as an additional insured under Contractor's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Contractor's Pollution Legal Liability insurance coverage (claims -made form) covering any claim for bodily injury, personal injury, property damage, cleanup costs, and legal defense expenses applying to all work performed under the Contract, including that related to transported cargo. Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that the continuous coverage shall be maintained or an extended discovery period shalt be exercised for a period of three yours beginning from the date services under this Contract are terminate. The City shall he named by endorsement as an additional insured on the Contractor's Pollution Legal Liability insurance policy. 5. Commercial Umbrella Liability insurance (not "excess only" Umbrella Liability Insurance). This Umbrella Liability Insurance shall apply above, and be al least as broad in coverage scope, as the Contractor's Commercial General Liability and Automobile Liability Insurance. City Of Spokane Valley 36 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. Dezember, 2017 7.3.2 Minimum Amounts of Insurance Contractor shall maintain the following insurance limits;. 1- Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,0{10,000 per accident. 2- Commercial general liability insurance shall be written with limits no less than $1,000,000 for each occurrence, $2,00{},1100 for general aggregate, and $2,000,000 products completed operations aggregate limit. 3- Employer's Liability, $1,000.000 per occurrence. 4. Contractor's Pollution Legal Liability insurance shall he written with limits of $5,000,000 each incident. S. Commercial Umbrella Liability insurance shall be written with limits of $5,000,000 each. occurrence, 7.3.3 Other insurance Provisions As respects the services provided by Contractor under this Contract, the policies are tcs contain, or be endorsed to contain, the following provisions for all except workers' eompensat.ion: 1. Contractor's insurance coverage shall be primary insurance with respect to the 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 five busirKess days of receipt by Contractor. 3. if Contractor maintains higher insurance limits than the minimums shown above, City shall he included as an additional insured for the full available limits of commercial general and excess, pollution, or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the City evicicnocs limits of lillrility lower than those maintained by Contractor. 4. Failure on the earl of Contractor to maintain the insurance as required shall constitute a Material breach of the Contract; upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Contract, or at its sole discretion, procure such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against !kinds due Contractor- from the City. 7.3.4 Acceptability of insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A.; ll. City of Spokane Valley 37 Comprehensive Drop -box Container Collection Contract Sunshine Disposal hie. December, 2017 7.3.5 Verification of Coverage As evidence of the insurance coverages required by this Contract, Contractor shall furnish aecept;ible insurance certiticatcs to the City Clerk by March 15, 2018, which shall become Attachment E. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements. Insuring companies or entitles are subject to City acceptance, To the extent allowed or required by law and upon the request of the City, 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. 7.3.6 Subcontractors The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set foith herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to he obtained by Subcontractors. The Contractor shall ensure that the City is an additional insured on each and every Subcontractor's Commercial [;crural liability insurance policy using an endorsement at Ieasl. as broad as ISO Additional Insured endorsement 20 26 07 04. 7.3.7 ACOIt) _Form If an "ACORI)" form of Certificate of Insurance is provided to the City pursuant to this section, it must include the following: Wording to be added in the Description Section - `-Should any ot'the above described policies be canceled, before the expiration date thereof, thirty (30) days advance notice shall be mailed to the City of Spokane. Valley-" 7.4 Performance Bond The Contiaetor shall provide and maintain at all times a valid Contractor's Performance Bond err bonds, letter of credit:, or other similar instrument on the City's bond forms in the amount of $10,000.00. The Contractor's Performance Bond shall be provided to the City no later than March 15, 2018, The bond, letter of credit, or other similar installment shall be issued for the terra of the Contract, unless otherwise approved in writing by the City. In the event a bond, letter of credit, or other similar instrument is approved for a period shorter than the term of the Contract, the Contractor shall provide such new bond, letter of credit, or similar instrument, and evidence satisfactory to the City of its renewability, no less than 60 calendar days prior to the expiration of'the original bond, letter of credit, ar other similar instrument then in effect. The City shall have the right to call the original. bond, letter of credit, or other similar instrument in full in the event its renewal is not confirmed prior to five calendar days before its expiration. 7.5 Indemnification 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, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subc.onsultants, and employees arising out of this Contract to the fullest extent permitted by law, subject only to the limitations provided below, City of Spokane Valley 38 Comprehensive Drop -box Container Collection C'ontrart Sunshine Disposal Inc. December, 2017 Contractor's duty to defend, indemnif)f, and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Contractor's duty to defend, indemnify, and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of (a) City Or City's agents or employees, and (b) Contractor, Contractor's agents, subcontractors, subconsultants, and employees shall ripply only to the extent of the negligeneie of Contractor, Contractor's agents, subcontractors, subconsultants, and employees. Contractor's duty to defend, indemnity, 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, 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 expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, 'Title 51 RRCW. These indemnification obligations shall not be limited in any way by any limitation on [ht 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, Contractor hereby ceitifies that this indemnification provision was mutually negotiated. 7.6 Confidentiality of Information 1. The Parties agn-ee that all records of the Contractor and of the City which are related to this Contract and the services provided hereunder and which are prepared, owned, used, or retained by the City are public records under [he Public Records Act (chapter 42.56 HEW) and may bt 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 rcque.st for and disclosure of such records as previously described. 2. All reports, educational rrmatcrials, and other records prepared by the Contractor and provided to the City pursuant to this Contract are and shall he the property attic City and shall be subject to disclosure pursuant to chapter 42.56 RCW or other applicable puhl is records laws. The written, graphic, mapped, photographic, or visual documents prepared by Contractor under this Contract and provided to the City shall, unless otherwise provided, be deemed [he property of City. City shalt be permitted to retrain these documents, including reproducible camera-ready originals of reports, reproduction quality inylars 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 Contract that Contractor provides to the City pursuant to this Conta-actcm; provided City shall not publish, disclose, or distribute any financial information 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 he use ref Contractor's work product outside of the recipe of its intended purpose. Notwithstanding the City of Spokanie ViIley 39 Compreheusive Drop -box Container Collection Contract Sunshine Disposal inc. December, 2017 foregoing, any Contractor confidential and proprietor), information shall be excluded from, this Section to the extent allowed by law. 3, 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 Contract and are required to be provided by Contractor to the City or to support fee adjustments under Section 4, Such representative; 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 Contract, provided that such representatives shall hold such matters in strictest confidence and not disclose them exucpl. in accordance with the limitations on disclosure set forth in this Section 7,6. Contractor may request an independent third -party accountant or other profrsSional to review any document that it believes is not directly related to this Agi ccanent_ 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. 4. Contractor may, from time to time, receive information which the City designates in writing to he confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 7.7 Assignment of Contract 7.7.1 Assignment or Pledge of Money by the Contractor The Contractor shall not assign or pledge any of the money due under this Contract without securing the prior written approval attic surety of the Contractor's performance bond and providing at least 30 calendar days prior written notice to the City of such assignment or pledge together with a copy of the surety's approval thereof. Such assignment or pledge, however, shall not release the Contractor or its sureties from any obligations far liabilities arising under or because of this Contract. The requirements of this section shall not apply to the grant of a general. security interest in the Contractor's assets to secure the Contractor's obligations under any loan or credit facility entered into by the Contractor or the Contractor's parent.. 7.7.2 Assignment, Subcontracting, Delegation of Duties The Contractor shall not assign or sub -contract any of the services provided under this Contract that directly affect Customers or delegate any of its duties under this Contract without the prior written approval of the City, which approval shall not be unreasonably withheld, In the event of an assignment, sub -contracting, or delegation of duties, the Contractor shall remain responsible for the lull and faithful performance of this Contract and the assignee, subcontractor, or other obligor shall also become responsible to the City for the satisfactory performance of the services to be provided under this Contract, The City may impose conditions of approval on any such assignment, subcontracting, or Change of Control, including but not limited to requiring thr delivery by the assignee, subcontractor, or other obligor of its covenant to the City to fully and faithfully complete the services to be provided under this Contract or responsibilities undertaken_ In addition, the assignee, subcontractor, or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract. The City may tcrrnlnate this Contract if the assignee, subcontractor, or obligor does not comply with this clause. Supplier agreements for vehicles, part, fuels, and other general supplies are exempt from this reporting requirement_ City of Spokane Vallcy 40 Comprehensive prop -box C:ontaincr Collection Contract Sunshine Disposal Inc, December, 20 17 For the purposes of this Contract, any Change of Control of the Contractor shall be considered an assimmcnt subject to the requirements of this section. Nothing herein shall preclude the City from executing a novation, allowing the: new ownership to assume the rights and duties of the Contract and releasing the previous ownership of all obligations and liability. 7.7.3 Merger or Sale of Contractor Operations In the event the Contractor wishes to change the track name under which it does business within the City Service Area, the Contractor shall designate to the City the name, logo, and colors under which it will be doing business in writing to the City at least 30 drays prior to the effective date of its change of trade name. Within a reasonable period following a change of trade name by the Contractor, all items, logos,, articles, and implements seen by tlae public shall be changed, including bus not limited to letterhead, signs, promotional materials, wet site pages, billing statements, envelopes, and other items. Vehicles arc the only exception; vehicles roust be repainted with new trade name, and any new logo or colors, within two years of the effective date of the change of trade name, provided that temporary nameplates (magnetic, stickers or other) shall be affixed to vehicles within 30 days of the change. Failure to comply with tltc terms of this section shall result in penalties assessed against the Contractor in accordance with. Section 5.1.2. 7.8 Laws to Govern/Venue This Contract shall be governed by the laws of the State of Washington both as to interpretation and performance, Venue shalt be in Superior Court in the State ol'Washington for Spokane County. 7.9 Compliance. with Applicable Laws and Regulations The Contractor shall comply with all federal, state, and local regulations and ordinances applicable to the work to he done under this Contract. Any matcrial violation oftlac provisions of this section shall be grounds for termination or suspension of the Contract by the City, and may result in the Contractor's ineligibility tier further work for the City. The Contractor agrees not to discriminate against any employee or ;:applicant for employment or any other persons in the performance of this Contract because of race, r ligion, creed, color, national origin, marital status, gender, amyl, disability, sexual orientation, or other circumstances as may be defined by federal, state, or local law or ordinance, except for a bona fide occupational qualification- Without limiting the foregoing, Contractor agrees to comply with the provisions of the Affidavit of Equal Opportunity &. Title VI Compliance requirements incorporated herein by this reference. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contractor setting forth the provisions of this nondiscrimination clause. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industria] Safety and health Act of 1973 (WlSHA), and standards and regulations issued under these Acts from time - to -time must be complied with, including ergonomic and repetitive motion requirements, The Contractor roust indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply with the Acts and Standards issued therein, The Contractor is also responsible for me,cting all pertinent local,. state, and fedora] health and environmental regulations and standards applying to the operation of the collection and processing systems used in the per•forrnance of this Contract. The Contractor is specifically directed to observe all weight -related laws and regulations in the performance of these services, including axle bridging and loading requirements. City of Spokane Valley 41 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. December, 2017 7.10 Permits and Licenses The Contractor and subcontractors shall secure a City business license and pay all fees and taxes levied by the Ci[y. The Contractor shall obtain all permits, certifications, authorizations; and licenses necessary to provide the services required herein prior to the Date of Execution of this Contract at its sole expense. The Contractor shall he solely responsible for all faxes, fees, and charges incurred, including, but not limited to, license fees and all federal, state, regional, county, and local taxes and fees, including income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any. and all persons, facilities, property, income, equipment, materials, supplies, or activities related to the Contractor's activities under the Contract, business and occupation taxes, workers' compensation, and unemployment benefits. 7.11 Relationship of Parties The Parties understand and agree that Contractor shall be an independent coniraelor and not the agent or employee of City, that City is interested only in the results to be achieved, and that the right to control the particular manner, method, and means in which the services under this Contract are performed is solely within the discretion ot'Contractor. Any and all employees who provide services to City under this Contract shall he deemed employees solely of Contractor, Contractor shall be solely responsible for the conduct and actions of all its employees under this Contract and any liability that may attach thereto. 7.12 Contractor's Relationship with Customers The Contractor shall not separately contract with Customers for any services covered under this Contract; however, the Contractor may negotiate separate agreements with Customers for the sole purpose of compactor leasing, payment for recyclables, or other related services only when not included in this Contract, provided' that Customers are provided separate invoices for those services and that the Contractor makes it clear to Customers that those services arc not provided under this Contract. '''hese separate agreements must be in writing and shall in no way expressly or by application supersede this Contract The Contractor agrees these separate agreements shall not contain durations any longer than the final date of this Contract's term. The Contractor shall provide the City a detailed I.ist of all such separate agreements with Customers upon City request- The City may, at its sole option, regulate similar or identical services in the successor to this contract. 7.13 Bankruptcy It is tweed that if an order for relief with respect to the Contras [car is entered in any bankruptcy case, either voluntarily or involuntarily, in which the Contractor is a debtor, then this Contract, at the option of the City, may be terminated effective on the day and at the time the order .for relief is entered. 7.14 Right to Renegotiate/Amend The City shall retain the right to renegotiate this Contract or negotiate contract amendments at its discretion or based on policy changes, state statutory changes, or local law or rule changes, Washington State, or federal regulations regarding issues that materially modify the terms and conditions of the Contract including but not limited to any modifications to contracting terms or policies. as they relate to the City Disposal System and disposal services. The City may also renegotiate this Contract should any Washington State, County. or City rate or fee associated with the Contract be held illegal or any increase thereof he rejected by voters. In addition, the Contractor aces to renegotiate in good faith with the City in the event the City wishes to change disposal locations or add additional services or developments to the Contract and City of Spokane Valley 42 Comprehensive 1)ron-hips Cull ixiner Collection Contract Sunshine Disposal Inc. Dezember, 2017 to provide lull disclosure of existing and proposed costs and operational impacts of any proposed changes, In the event of a renegotiation, the Parties agree to negotiate all terms and rates in good faith. This Contract may be amended, altered, or modified only by a written amendment, alteration or modification, executed by a+ithori ped representatives of the City and the Contractor, A failure by the patties to reach agreement on any matter as to which either party has a right to renegotiate under this section or under any other section of this Contract shall not in and of itself result in a termination of this Contract or give rise to any right on the part of either party to terminate this Contract, nor shall a failure of the parties to reach such an agreement othtrwisecct the validity or enforceability of this Contract 7.15 Force Majeure Provided that the requirements of this section arc tact, Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Contract if Contractor's perinrmance is prevented or delayed by acts of God, including landslides, lightning, foresffires, storms, floods, freezing rand earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public riots, explosions, accident to machinery, equipment or materials, unavailability of required materials or disposal restrictions, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are not r�snsonably within the control of the Contractor, and are not the result of the willful or negligent act error or omission of the Contractor; and that could not have been prevented by the Contractor through he exercise of reasonable diligence ("Force Majeure), The Contractor's obligations under this Contract shall be suspended, beat only with respect to the particular component of obligations affected by the Force Majeure and only for the period during which the Forec Majeure exists. The following events do not constitute Force Majeure; strikes, other than nationwide strikes or strikes that by virtue of their extent or completeness make the particular goods or services effectively unavailable to the Contractor; work stoppages or other labor disputes or disturbances occurring with re, peel to any activity performed or to be performed by the Contractor; or general economic conditions. If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Contract, the Contractor shall notify the City by telephone or email, on or promptly after the Form Majeure is first known, followed within seven clays by a written description of the event and cause thereof to the extent known; the date the event began, its estimated duration, the estimated time during which the performance of the Contractor's obligations will be delayed; the likely financial impact of then event; and whalrvcr additional information is available concerning the event and its impact on the City and its Customers. The Contractor shall provide prompt written notice. of the cessation of the Force Majeure. Whenever such event shall occur, the Contractor, as promptly and as reasonably possible, shall rase its best efforts to eliminate the cause, reduce the cost; and resume perforrnancc under the Contract. In addition, if as a result off Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Contract, the Contractor shall notify all Customers regarding the disruption in collection service in a manner similar to the notification required in the case of inclement weather under Section 11.7. 7.16 Illegal Provisions If any provision of this Contract shall he declared illegal, void, unenforceable, or invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the legality, effectiveness, and validity of: any other section, sentence, clause, or phrase of this Contract and the other provisions of the Contract shall remain in full force arid effect. City or Spokane Valley 43 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc, December, 2017 7.17 Waiver No officer, employer:, agent, or other individual muting on behalf of either party has thc power, right, or authority to waive any of the conditions or provisions ofthis Contract. No waiver in one instance shall be held to be waver of any other subsequent breach or nonperformance. All remedies afforded in th is Contract 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 Contract or to require at any time performance by the other party of any provision hereof shall in no way he construed to be a waiver of such provisions nor shall it affect the validity ofthis Contract or any part thereof. 7.18 incorporation of Contractor's Proposal in -Response to City's RFP The Contractor's proposal, dated February 6, 2017, submitted in response to the City's Retlues[ for Proposals, is incorporated by rcterence, including but not limited to collection vehicle types, customer service staffing and approach, processing abilities and other commitments made in the Contractor's proposal and all associated clarifications and supplemental proposal materials- In the case of conflict between the Contractor's proposal and this Contract, the provisions ofthis Contract shall prevail- The City may approve changes to vehicle and Container make, model and specifivaborts at the City's discretion. 7.19 Disputes Resolution The parties shall attempt to resolve any and all disputes to the mutual satisfaction of both parties by good faith discussinrts. Throughout the duration of a dispute, the C:ontract.or shall continue providing all services included in this Contract, Disputes not resolved in accordance with other provisions of this Contract or through. good faith discussions shall, within one year of first notification of such dispute, be submitted to non-binding mediation before a mediator mutually agreed upon by both the City and the Contractor- Each party shall pay their own mediation costs. Neither party may initiate or comment; legal proceedings prior to completion of the non-binding mediation- If note -binding mediation is not successful, dispulc:s shall be resolved through litigation filed in the Superior Cour. ofthe State of Washington in Spokane County, unless otherwise required by applicable federal or state law. 7.20 .Jurisdiction and Venue This ConIi-w.t is entered into in Spokane County, W9 Kington. Venue shall bc: in Spokane County, State of Washington, 7.21 Interpretation of Time All times expressed in this Contract are in reference to Pacific Standard Time. All references to days are calendar days unless otherwise specified. 7.22 Entirety This Contract and the attachments affixed hereto are herein incorporined by reference and represent the entire agreement or contract cercxm,s between the City and rile Contractor with respect to the services to be provided under this Contract. No prior written or oral statement or proposal shall alter any term or provision of'this Contract WITNESS TIME EXECUTION HEREOF on the day and year first herein above written. City of Spokane Valley 44 Comprehensive Drop -box Container Collection CContract Sunshine Disposal Inc. December, 2017 CITY OF SPOKANE VALLEY! Contractor: Mark Calho, City Manager Sy |y:Authorized ke]Rw9#i ATTEST: Christine Baindge City Clerk APPROVED AS TO FORM: Officethe City Attorney Attachments Attachment A: CitService Area Attachment 13: Ctr aor Rate Attachment C: Recyclablcs 1 t 3i hment D.. Rate Modification Example Attachment Insurance Certificates (provided by Mm%!I!\ ]@ City of Spokane Valley 45 Comprehensive Drop -box Container Collection Ctrt Sunshine Disposal Inc. December, 2017 CAT d Spc keri SPOKANE VALLEY SOLID WASTE SERVICES AREA ATTACHMENT A a Ci y of Spokane hy"rn Valley fOA nYli ted IIr, wiar, A.0 yyncj4++rp ay. a � wrwr�er n.. 1 �0F6ry Tilmru Are: Ewal M+ EA..] R Sf*r?s�Rw IMP Eight.Ave � r E 9xhA,. 3p01k9ne Gr+iAnfy City of Spokane Valley 1 Comprehensive Drop -box Container Collection Contract Sunshine Disposal. Inc. Solid Waste Services Area Ci'y a1 LICe!y Lane December, 2017 Attachment B - initial Contract Dates * Tho City's disposal fee as it exists on the date of execution or as thereafter modified shall he itemized separately on Customer invoices, The Contractor shall charge Customers the actual dispersal cast without mark-up. Charged only upon first delivery. Atiy empty and i'etiu'nts are charged Haul Charge. Per haul_ Plat rate. No disposal fee added Lo charge. Sunshine Recyclers, Inc. Service Level (based on pick ups) Daily Rent Monthly Rent Delivery Charge' Haul Charge* All Sector Drop-hox Collection Non -compacted 10 cubic yard Drop -box $ 2.42 Spic 35.62 N/A . 89,11 Nor --co T1pactCd 15 cubic yard Drop -box $ 4.20 $ 57.80 1 NIA . fi 31 Non -compacted 20 cubic y'aard Dro -box $ 1.20 $ 57.80 N/A $ 68.31 Non -compacted 25 cubic yard Drop -box $ 4.72 $ 63.89 N!A $ 71.43 Non -compacted 30 cubic yard Drop -box $ 4.72 $ 63.89 N/A $ 71.43 Non -compacted 40 cubic yard Drop -box $ 5.26 $ 77.76 N/A $ 78.82 Compacted 10 cubic yard Drop -box nulsidc rotltract N/A 96.79 Compaetcd 20 cubic yard Drop -box outside contract IIIA $ 11730 Compacted 25 cubic yard Drop -box outside contract N/A 1 117.70 Compacted 30 cubic yard Drop-llGx outside contract N/A $ 117.70 Compacted 40 cubic yard Drop -box outside contract NIA $ 141.93 Drop -box Ancillary 1ece± Per Unit Multifamily Recycling lied (peer cubic yard o1 DR size) $ 1.10 Return Trip (per event) $ 25.00 Stand-by Time (per minute) $ 1.60 Container cleaning (per yard of container size) $ 10.00 Drop -box excess mileage (over 5 mi), per [ane -way mile $ 3.00 Temporary Containers Service Level Delivery Fee Daily Rental Monthly Rental Haul Charge Non -compacted 10 cubic yard Drop -box $ 42.04 $ 2.42 $ 72.70 $ 89.33 Non -compacted 20 cubic yard Vrop-box $ 42,04 $ 4.20 $ 126,055 89.33 Non -compacted 30 cubic yard Drop -box $ 42.04 $ 1.72 $ 141.65 $ 99.92 Non -compacted 40 cubic yard Drop -boli $ 42.04 $ 5.26 $ 157.87 99.92 Hourly Rate Drop -box Truck I driver $ 98.15 Additional f.xbut.(per person) S 35.00 Lxiro Contaminated recycling material peek -up (pct. loose et bic yard of material collected) $ 10.00 * Tho City's disposal fee as it exists on the date of execution or as thereafter modified shall he itemized separately on Customer invoices, The Contractor shall charge Customers the actual dispersal cast without mark-up. Charged only upon first delivery. Atiy empty and i'etiu'nts are charged Haul Charge. Per haul_ Plat rate. No disposal fee added Lo charge. Sunshine Recyclers, Inc. Ree. 'clables shall MATERIAL TYPE Glass Paper Attachment be loose, em ty, cleaii and dr , DES(Jil`EI ION C Rccyclahles List not baa ed as follows: PREPARATION INSTRUCTIONS Remove lids; empty of all food or liquids. Labels do not need to be rrcmoved- • Food or beverage containers brown, clear, or green - empty • Office paper, printerleopy paper, construction paper • Newspaper and paper inserts • Magazines and paper inserts • Catalogs • Cardboard • Telephone books • Mala and paper inserts • Envelopes • Paper bags • Cei-etal, cookie and eracker boxes • Detergent boxes • Paper towel lubes • Toilet paper tubes • Tissue boxes • ion -toil wrapping paper • Kraft paper bags or boxes • Cardboard boxes • Cardboard packaging • Cardboard beverage `flats' or nurseiy `flats' EXCLUSIONS Remove plastic bags (exterior or interior), plastic packaging, metal, electronics, magnets, twine, straws, lids and any food or liquids. Must be clry. Plastic windows in paper envelopes okay. Leaded glass; light bulbs; porcelain; auto glass; windows, mirrors, baking dishes, storage dishes, ceramic, plates, glassware, Stora c;'canningjars. Shredded paper; paper envelopes with bubble wrap liners, insulation liners or envelopes made from plastic (l'yvek); laminated paper, stickers, lapels, photos, carbon paper, paper affixed to magnets; wax - coated cups; pet food bags; mixed material bags; wet or soiled paper; paper with large amounts of paint or glue; Frozen food boxes; Juice boxes; M ilk, juice an d ice cream cartons; Aseptic containers — soup, broth, broth, soy milk, almond milk. Flatten all cardboard, cut down to size to rt in earl with lid closed. Removeall interior packaging, block foam, packing peanuts and exterior plastic wrap, Do not bundle with tape or twine. External l;i okay Oversized City of Spokane Valley 2 Comprehensive Drop -hos Container Collection C antraact Sunshine Disposal Inc. Waxed cardboard; fiber containing, or that has been in c:ontaet with food debris. December, 2017 cardboard can be flattened and placed next to cart. Must be dry. Metal PI i iL. • Tin, aluminum and steel Mod or beverage containers • Empty aerosol cans • Scrap metal (limit; Needs to tit in cart, approx. 'x2'x2', 35 lbs.)_ Remove all exterior packaging; remove lids; empty of all food or liquids. Labels do not need to be reniov�cl, Aluminum foil and trays; sharp or greasy metal; batteries; microwaves; hangers; electrical cords; cell phones; car snow chains; Metal appliances. • Food and beverage containers • PT?T/PT:TF. bottles (soda/water bottles) • HDPE bottles/jugs (milk jugs; detergent bottles) • Dairy tubs, e_g, butter. yogurt, QUInigc a}fi.tse 5 -gallon buckets Plastic bottles with plastic screw -on lids are okay if lids are screwed back on, remove all other lids; remove straws; empty of'all flood, liquids or other debris. Labels do not need to be removed_ Plastic bags. plastic Pilin; plastic bottles tliat containedIW lis[cd materials; deli, bakery and produce clamshell containers; loose lids — any size; plant trays; PVC; large rigid plastic (outdoor furniture, Laundry baskets, swimming pools, toys, etc.); hoses; lanclsca pingfspri n k lc r tubing; foam packaging (block, peanuts, cls;.) and foarn cups and plates; loose lids; coat hangers. Although not. an exhaustive list, for education purposes, examples of other exclusions or items that should not be placed in the Recycling earls are: Any recyc]ables materials, or pieces of recyclables materials less than 2" m size in any dimension_ Materials: (a) that contain chemical or other properties deleterious, or capable of causing material damage, to any part of Contractor's property, its personnel or the public; and/or (b) that may materially impair the strength or the durability of the Contractor's structures or equipment. City of Spokane Valley 3 Comprehensive Drop -box Container Collection Contract Sunshine Disposal Inc. Dece.mher, 2017 Attachment D Rate Modification Examples Customer charges (including any embedded Administrative Fec) shall be adjusted annually, pursuant to Section 4.2 and as described below; The sum of the collection and any Administrative Fec components listed in Attachment 13 shall be increased or decreased by the amount of the CPI change: NCC = PCC x [1 + 90°fox 1:CPI 1 nCI'1)/2) OCPI oC11 Where NCC = The new collection and any Administrative Fee components, adjusted for excise tax on the Administrative fee, of the customer rate for a particular service level; and PCC The previous collection and Administrative Fee components, adjusted for excise tax on the Administrative Fee, of the Customer rate for a particular service level; and tuCP1 The semiannual 2.'d half -CP] average for [he previous year (for the, period July I- December 31, 2017, for example); and nCPI The semiannual 1 'c half CI'1 average for the current year (for the period January 1- June 30, 2018, for example); and oC1'1 = The C'PI average value for the previous twelve month period (tor the period July 1, 2016 — June 30, 2017, for example). For example, using an hypothetical customer rate of $18.52 per month: if the previous CPI is 143.2., t1ic. new CPI is 1443, then the: January 2019 Customer charge for that service would be: (144.3-143_2) New Rate —$18.52x[1+90%x. ]=$18.64 (143.2) Thus, the new Customer charge for the hypothetical service would be $18.64. The City's disposal fee as it exists on the date of execution or as thereafter modified shall also he itemized separately on Customer invoiccs. The Contractor shall charge: Customers the actual disposal cost without mark-up. Administrative Fee Adjustment In the event the City elects to include an Administrative Fee, the Contractor's service rates shown in Attachment 13 shall include the embedded Administrative Fee, which may be adjusted from time to time, pursuant to Section 4.2. The initial contract rates do not have an Administrative Fee. However, an example City of Spokane Valley 4 December, 2017 Coin p rehensive Drop -box Conf iincr Collection Contract Sunshine Disposal Inc. of how the Administrative Fee may he incorporated is as follows: Assuming an Administrative Fee corresponding to a 1. )% the on gross receipts from those Cus[ome:rs, on an original hypothetical service fee of $49.50 and creating a new rate of$50.00: Service rate ($i19.50 + Administra[ive FCC. ($0.495) + Excise Tax at 1.5% on Administrative Fee ($0.007) = Customer rate of $50.00 (rounded)_ In the event the City Administrative Fee is adjusted, the Administrative. Fee portion of the Contractor's Customer rates shall he adjusted in a manner that retains the Contractor's underlying compensation to unsure tlta[ the Contractor remains whole. City of Spokane Valley 5 Comprehensive Drup-box Container Collection Contract Sunshine Diw[ro! 1[ Inc. December, 2017 Comprehensive Drop --lox Container Collection Contract City of Stene Valley d Waste Management ashinton, Inc. April 1, 2018 — March 31, 2028 Comprehensive Drop -box Container Collection Contract Table Qf Cir to tfic RECITALS 1 AGREEMENT 1 DEFINITIONS 2 2. CONTRACTOR REPRESENTATIONS AND WARRANTIES 5 3. SCOPE OF WORK 6 3.1 GENERAL COLLECTION SYSTEM REQUIREMENTS 6 3.1.1 City Service Area 5 3.1,2 Annexation & 3.1.3 Service to Customers on Private Roads arid Driveways 7 3.1.4 Hours/Days of Collection 7 3.1.5 Employee Conduct 8 3.1.6 Holiday Schedules 8 3,1.7 inclement Weather 8 3.,1.3 Suspending Collection from Problem Customers 9 3. .9 Missed Collections 9 3.1.10 Requirement to Recycle; Maintaining OUofityAssurance Through Monitoring 9 3..x,12 Vehicle ond Equipment Type/Condition/Use 10 3.1.12 Container Requirements and Ownership 11 3.1.12.1 Recyclables Carts far 141u1tifamily Complex Customers 11 3.1.12.2 detachable Containers and Drop -box Containers 12 3.1.123 Ownership 13 3.1.12.4 Container Coinrs and Labaling 13 3.1.12.5 Container Weights 13 3.1.12.5 Container Removal Upon City or Customer Request 14 3.1,12,7 Container Placement 14 3.1.13 Inventory of t=q iJpment, Vehicles, Facilities and Containers 14 3.1.14 Spillage 14 3.1.15 Disruption Due to Construction 15 3.1.15 Contractor Planning and Performance Under Labor Disruption 15 .3,1.17 Site Planning and Building Design Review 16 3.1.18 Safeguarding Public and Private facilities 17 3.1.19 Transition and implementation of Contract 17 3.1.20 Performance Review 17 3.1.21 Continual Monitoring and Evaluation of Operations 18 3.1.22 Collection/Disposal Restrictions 18 3.1.23 Emergency Response 19 3.2 COLLECTION SERVIf:I S 19 3.2.2 Multifamily Complex Recyclobles Collection 19 32,1.1 Subject Materials 19 32.1.2 Containers 19 3.2.1.3 Specific Collection Requirements 19 3.2.2 Drop -Box Container Garbage Collection 20 3.2.2.1 Subject Materials 20 City of Spokane Valley Comprehensive Drop -box Container Collection Contract Waste M ann geniciit of T 'p sIitn gto n, Decernber, 2017 3.2.2.2 Containers 20 3.2.2.3 Specific Collection Requirements 20 3,2,3 Temporary (Non -Event) Container Customers 20 3.2.4 Excluded Services 20 3,3 COLLECTION SUPPORT AND MANAGEMENT 20 3.3.1 General Customer Service 20 3.3.2 Specific Customer Service Requirements 21 3.3.2.1 Customer Service Representative Staffing 21 3.3.2.2 City Customer Service 21 .3.2.3 Service Recipient Complaints and Requests 22 3,3.2.4 Handling of Customer Calls 22 3.3.2.5 Corrective Measures 22 3.3.2.6 Contractor Enternet Web5ite 22 3,5.2,7 Full Knowledge of Garbage and Recyclables Programs Required 23 3.3.2.8 Customer COrrimunicatIons .. 23 3.3.3 Customer Billing' Responsibilities 24 3.3,4 Reporting 25 3. An n ua I Reports 25 3.3.4.2 Ad HOC Reports 26 3.3.4.3 Other Reports 27 3.3.5 Promotion and Education 27 3.3.6 Transition to Next Contractor 27 4. COMPENSATION 28 4.1 COMPENSATION TO THE CONTRACTOR 28 4.1.1 Rates 28 4.1.2 itemization on invoices 28 4.2 COMPENSATION TO THE OTY 29 4.3 COMPENSATION ADJUS.11\41'.NTS 29 4.3.1 Annual CPI Modification 29 4.3.2 Changes in Disposal Processing Sites 30 4.3.3 Other Modifications 30 4.3.3.1 New or Changes in EkIsting Taxes 4.3.3.2 Changes in Service Provision 31 4.4 CHANGE IN LAW 31 5. FAILURE TO PERFORM, REMEDIES, TERMINATION 31 5.1 PERFORMANCE FI -FS 31 5,2 CoN ACT DEFAULT 33 6. NOTICES 34 7. GENERAL TERMS 35 7.1 COLLECTION RIGHT 35 7.2 ACCESS TO RECORDS 35 7.3 INSURANCE 36 7.3.1 'Minimum Scope of Insurance 36 7.3.2 Min r am Amounts of insurance 37 7.3.3 Other Insurance Provisions 37 7.3.4 Acceptability of insurers 37 7.3.5 Verification of Coverage 38 7.3.6 Subcontractors 38 7.3,7 ACORD Form 38 City or Spokane Valley Corn pre ti cusive Drop -box Container Col I ectio n Co n tract \Vasil:6. Management of Washington, Inc. December, 2017 7.4 PERFORMANCE BOND 38 7.5 INDEMNIFICATItJN 38 7.6 CONFIDENTIALITY OF INFORMATION 39 7.7 ASSIGNMENT OF CONTRACT 40 7.7.1 Assignment or Pledge of Money by the Contractor 40 7-7,2 Assignment, Subcontracting, PeJegatlon of Duties 40 7.7.3 Merger or Sole of Contractor Operations 41 7-8 LAWS TO GOVERN/ VENUE 42 7.9 COMPLIANCE WITH APPLICABLE LAWS ANL) REGULATIONS 41 7.10 PERMITS AND LICENSES 42 7.21 RFI A i IONSI-IIP OF PARTIES 42. 7-12 CONTRACTOR'S RELATIONSHIP WITH CUS'IOMFHS 42 7.13 BANKRUPTCY 42 7.14 R1CH I 1 0 RENEGOTIATE/AMEND 42 7.15 FORCE MAJEURE 43 7.16 ILLEGAL PROVISIONS 43 7,17 WAIVER 44 7.18 INCORPORATION Or CONTRACTOR'S PR:OPOSAI IN RESPONSE TO CITY'S RFP 44 7.19 DISPUTES RESOLUTION 44 7.20JuRIS1)IC11ONANI)VENUE 44 7.21 INTERPRETATION Of TIME 44 7.22 ENTIRETY 44 ATTACHMENTS 45 Attachment A: City Service Area Atta.thrnent I3. Contractor Rates Attachment C: Re :yclabl :s List Attachment T): Rate Modification Example Attachment E: Insurance Certificates City of Spok ne IIey Comprehensive Drop -box Container Collection Contract Waste Manageinint of Washington, Inc. December, 2017 This Comprehensive Drop -box Collection contract ("Contract") is entered into by and between the City of Spokane Valley, a coc]c city of the State of Washington ("City"), and Waste Management of Washington, Inc, ("Contractor"), to provide for the uuiluction of Drop -box Containers containing Garbage fromSingle- family Residences, Multifamily Complexes, and Commercial Customers locator within the City Service Area and the additional collection of RecyeIables from subscribing Multifamily Complexes Customers that utilize Drop -box Container Garbage service, This Contract does not govern or authorize collection of Garbage, Recyclables, or Compostables from Single-family R.csidcnces, Multifamily Complexes, or Commercial Customers by any means other than as provided herein. (Each capitalized term is hereinafter defined.) The parties, in consideration ef the promises, representations, and warranties contained herein, agree as follows: RECITALS WHEREAS, the City, through adoption of its Solid Waste Management Plan and the cancellation of previously existing certificates authorizing solid waste collection within the City, has assumed control and authority over Garbage, (Residential Recyclables, and Residential Compostables collection to the extent provided by law; and WHEREAS, the City has conducted a competitive process to select one or more contactor(s) to provide Garbage, Recyclables, and Coompostables collection services to residents and Garbage collection services to businesses, and institutions located within the City Service Area; and W1-i.ERAS, the Contractor, having participated in the competitive process, acknowledges that the City uondueied a thorough and exhaustive competitive process; and WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City had the right at any time during the process to reject any or all of the competitors, regardless of their proposals or prices; and WI IEItEAS, having= cumplcted the competitive process, the City has selected the best candidates to provide the services outlined in the competitive process; and WHEREAS, the Contractor represents and warrants that it has the experience, resources, and expertise necessary to perforin the services as requested in the competitive process; and AREAS, the City had determined that it is in fire City's hest interest to split the contract resulting through the procurement process and award one exclusive contract for collection of Garbage, Recyclables, and Conlpostables from Single-family Residences, Multifamily Complexes, and Corn.mercial C'.Lustolimers by means other than Drop -box Container collection and separate, non-exclusive contracts for Drop -box Container Collection; and WI IERE AS, the City desires to enter into this. Contract with the Contractor for the non-exclusive Drop -box Container services outlined in the competitive process and included below;. NOW, THEREFc Rr, in consideration of the mutual covenants, agreements, and promises herein contained, the City and Contractor do hereby agree as follows: AGREE.M.ENT City of Spokane Valley Comprehensive Drop -box Container Ccolledion Contract W'ask Management of Wash ingrton, 1nc. December, 21)17 This Comprehensive: Drop -}.root Container Collection Contract (hereafter, "Contrael") is made and entered into this day of , 201; (hcretaller the" Date of -Ex ecutionl, by and between the City of Spokane Valley, a corporation code city of the State of Washington (hereafter, the "City"), and Waste. Management of Washington, Inc., a Washington corporation (hereafter, i.hc "Contractor"). DEFINITIONS All capitalized terms utilized in this Contract are intended to have the meaning defined in this Section whether or not the term is defined prior to its use in th k Contract. The following definitions apply to the entirety of this Contract unless it is clear from the context that another ticiinit.ion applies. Words not defined herein shall he construed as defined in the most eluent version of Webster's New Collegiate Dictionary. All references to time shall be to Pacific Standard Time:. Administrative Fee: The term "Administrative lee'' means a City-defmcd fee that may be included in Customer rates charged by the Contractor, with receipts collected from Customers by the Contractor and remitted to the City as directed in this Contract- ']'he Administrative Fee is separate from and distinct from any itemized utility, sales or other taxes that may be assessed from time to titne C&D Waste: The loin "C&D Waste" means [Garbage resulting from construction, remodeling, repair, andlor demolition of buildings, houses, roads, or other structures, including, hut not limited to, wood, brick, concrete, rubble, soil, rock, drywall, masonry, rooting, siding; asphalt, structural metal, wire, packaging insulation, and other building material. Cart: The word "Cart" tnean.s a Contractor -provided 32/35-, 64-, or 96 -gallon wheeled Container with attached lid suitable for collection. storage, and Curbside placement of Recyclables. Carts shall be rodent and insect resistant. Change of Control: The team "Change of Control" means any single transaction or series of related transactions by which the beneficial ownership of more than 50% of the voting securities of the Contractor is acquired by a person or entity, or by an affiliated group of persons or entities, who as of the effective date of the Contract do not have such a beneficial interest provided, however, that intra -company transfers, such as transfers between different subsidiaries or branches of the parent corporation of the Contractor, ter transfers to corporations, limited partnerships, or any other entity owned or controlled by the Contractor upon the effective date of the Contract, and transactions effected on any securities exchange registered with the U.S. Securities and Exchange Commission, shall not constitute a Change in Control. City: The word "City' means the City of Spokane Valley, Spokane County, Washington. As used in the Contract, use of the team "City" may include reference to the City Manager, or his/her designated representative. City Service Area: The term "City Service Area" means the scrvice boundaries indicated in Attachment A as of the Date of Commenccuncnt of Service, as revised from time to time in accordance with Section 3.1.2. City Disposal System: The City's Disposal System is the City's designatai transfix, transport, and disposal provider as provided pursuant to contract and as designated within the City's Solid Waste Management Plan.. As of the Date of .Execution, the City's Disposal System is provided through Sunshine Recycles s, Inc. at the University Transfer Station, located at 2405 North University, Spokane Valley, Washington 99206. Cityof Spokane Valley 2 Comprehensive Drop -box C'.untainer Collection Contract Waste Management „f Wa iIiEu ton, Inc. Deceni her. 2017 Commercial Customer: The term "Commercial Customer" means Iron -Residential Customers, including businesses, institutions, governmental aageneies, and all other users of commercial -type Garbage collection SerV ices_ CornpostahIes: The word "Compostah1es" means Yard Debris and Food Scraps, separately er combined, Consumer Price Index or CPI; The words "Consumer Price Index" or "CPI" means the Consumer Price Index for All Items, Ilecerrrber 1996=100 for All Urban Consumers (CPI -Li), West Size Class 13/C, as published by the United States Department of Labor, Bureau of Labor Statistics, The Parties may refer to the Finrcau of Labor Statistics website or other official source to determine the applicable CP1 Index. Contractor: The word "Contractor" means Waste Management of Washington, Inc., which has contracted with the City to collect, transport, and dispose efCGarbage contained in Drop -box Containers; and to collect, process, market, and transport Recyclables from Multifamily Customers who use Drop -box Containers for their Garbage service. Contract: means this Contract between the City and Contractor and all mutually adopted amendments thereto. Container: The word "Conirainer" means any Cart, Detachable Container, or Drop -box Container used in the performarncc of this Contract, and shall include both loose and compacting Containers. County: The word "County" means Spokane County, Vvashington. State. Customer: The word "Customer" means all users of the services provided by the Contractor as contained herein, including property owners, managers, and tenants. Date of Commencement of Service: The term "Date ill Commencement of Service" is April 1, 2018, which is the date that the C'ontraetor agrees to commence the provision of collection and other services as described throughout. this Contract_ Date of Execution: The term "Date of F,xecution" means the date that this Contract k executed by all signatories. Detachable Container: The term "Detacha.ble Container" meansa watertight metal or plastic container equipped with a tight -fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one cubic yard or greater than eight cubic yards iri capacity, Driveway: The word "Driveway" means a privately -owned and maintained way that connects a Customer's service location with a Private Road or Public Street. Drop -box Container: The term "Drop -box Container" means an all -molal container with 10 cubic yards i r more CapKity that is loaded onto a specialized co1Icctinn vehicle, Excluded Materials: These materials include waaxte tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, info ticua , bin-ha7.ardous, regulated medical or Hazardous Waste materials. Garbage: The word "Garbage" means all putrescihle and non-putrescible solid and scrni-solid wastes, including, but not lirrrilecl to, rubbish, cold bagged ashes, industrial wastes, swill, den olition and construction wastes, dead small animals completely wrapped in plastic and weighing less than 15 pounds, and discarded commodities that are placed by Customers in appropriate Containers, bags, or other City of Spokane Valley 3 Comprehensive Drop -box Container Collection Contract Waste Nt.auagennent of Washington, Inc. December, 2017 receptacles for collection and disposal by the Contractor. Needles or "sharps" shall be included in the definition of Garbage to the extent they arca dived to he disposed of lawfully pursuant to current Spokane County Regional Health District rules and policy. The term Garbage shall include CAD Waste, but shall not include Excluded Materials, Source -separated Reeycl,. blcs or Source -separated Compostables. Hazardous Waste: The term "Hazardous Waste meatrs any hazardous, toxic, or dangerous waste, substance, or material, or con[arninartt, pollutant, or ohm ica[, known or unknown, ckfirtcd or identified as such in any existing or future local, state, or federal lav, statute, cock:, ordinance, rule, regulation, guideline, decree, or order relating to human health or the environment or environmental conditions, including but not limited to any substance: that is: A. Defined as hazardous by 40 C.F.R. Part 261-3 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRV) of 1976, 42 U, ,C, § 69{}1 et spq, as amended by the Hazardous and Solid Was[e. Amendments ("1 ISWA") of 1984; the Toxic Substances C:ond rs rl Act, 151 J.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling, or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA; B. Defined as dangerous nr extremely hazardous by WAC 173-303-040 and regulated as dangerous waste nr extremely hazardous waste: by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling, or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW; and C. Any substance that comes within the scope of this definition as determined by the City alter the Date of Execution of this Contract Any substance that ceases to fall within this definition as determined by the City alter the Date nf'Execution of [his Contract shall not he deemed to be Hazardous Waste. Multifamily Complex: 'IThe term "Multifamily Complex" means multiple -unit Residences with five or more attached or unattached units billed collectively for Garbage collection service. Office Hur,r-s; The term "Office !lours" means the period 8:00 ani to 5:00 pre, Pacific Standard Time Monday through Friday and 9:00 am to 1;00 pm, Pacific Standard'1'ime on Saturdays. On-call: The term "On-call" means the provision of specified services only upon direct telephone, written, or e-mailed request of the Customer to the Contractor. Private Road: The term "Private Road" means a privately -owned and maintained way 1}rst allows for access by a service vehicle and that serves multiple Customers. Public Street: The term "Public Street" means a public right-of-way used for public travel, including public al lcys- Putr'escibk Waste' The tens "I'utrescible Was[e" means Garbage that contains organic matter capable of being decomposed by microorganisms, and of such a character and proportion as to cause obnoxious odors and to be capable of attracting or providing food for animals, including but not limited to food waste, used diapers and pet waste. City of Spokane Valley 4 Com prehensive Drop -box Container Collection Contract Waste Management of Washington, Inc. December, 2017 Recycling: T}rc word "Recycling" refers to the preparation, collection, transport, processing, and marketing crfi" Recyclables. Recvclables: 'fire word ` Recyclables" means the materials designated as being part of a Multifamily (.'omplex Residential Recycling collection program, as listed in Attachment C, Residence/RResidentisel: The words "Residence" or "Residential" mean a living space with a kitchen that is individually rented, leased, or owned. Single-himily Residence: The term "Single-family Residence" means (1) all one -unit houses, duplexes, triplexes, t; -aur -flexes, and mobile homes, that are billed collectively or individually, and (2) all multi -unit Residences with five -ore -or more attached or unattached units lha1 are billed individually, located on a Publie Street or Private Road_ Source-sepnruted: The term "Source -separated" means ecriain reclaimable materials that are separated from Garbage by the Customer for recycling or idose, including but not limited to Rceyclablcs. Strike Contingency Plan: The term "Strike Contingency Plan" means the plan that the Contractor will develop pursuant to Section 3,1-16 of this Contract_ Transition and Implementation Plan: The term "Transition and implementation Plan'.'- means the I tan ., that the Contractor will develop pursuant to Section 3.1.19 of this Contract, WUJTC: The term "WUTC" means the Washington Utilities and Transportation Commission. 1. TERM OF CONTRACT The term of this Contract is ten years, starting on the Date of Commencement of Service and ending midnight tv arch 31, 2028. The City may, at its sole option, extend the Contract up to two additional two- year extensions. Any extension granted shall be under the original terms and conditions of this Contract— along with any amendments that exist at the time of the extension. To exercisc the option to extend this Contract, written notice shall be given by the City to the Contractor at least 180 days prior to the expiration of the Contract term. With the: Contractor's written consent, the requirement of 180 days prior notice of exercise of the City's option to extend may be waived in any incl ncc. 2. CONTRACTOR REPRESEN'fATIONS AND WARRANTIES The Conlracior represents and warrants to the City as follow: ▪ Organization and Qualification. The Contractor is duly incorporated, validly existing, and in good standing under the laws of the state of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Contact.. ■ Authority, 'l'he Contractor has the authority to execute this Contract, to make the representations and warranties set forth in it, and to perform the obligations of the Contractor under this Contract in accordance with its terms. Thi Contract has been validly executed by an authorized representative of (he Contractor, and constitutes a valid and legally binding and enforceable obligation of Contractor. City of Spokane Valley 5 Comprehensive Drop -box Container Collection Contract Waste Management or Washington, Inc. December, 2017 • Government Authorizations and Consents. The Contractor has or will obtain at its prior to the Date ofCommencement of Service any such licenses, permits, and other authorizations from federal, state, and other governmental authorities, as are necessary for the perfonrianec of its obligations under this Contract, • Compliance With Laws. The Contractor is not in violation of any applicable laws, ordinances, or regulations, which may impact the Contractor's ability to perform its obligations under this Contract or whish may have any impact wh als+.5evcr on the City- The Contractor is not subject to any order or j uclmcrtt of any court, tribunal, or governmental agency that impacts its operations or assets or its ability to perform its obligations tinder this Contract. • r r.•<.Hoarrc y of lra/nr{mation.. None of the representations or warranties in this Contract, and none of the documents, statements, reports, vertificat.es, or schedules furnished or to be furnished by the: Conti- for ptra cant hereto or in connection with the performance of the obligations contemplated under this Contract, at any lime contain or will contain untrue statements of a material fact or omissions of material facts, ■ Independent Examination. In accepting these responsibilities, the Contractor represents and affirms that it has made its own examination of all conditions affecting the performance of this Contract, currently and into the future, and of the quantity, quality, and expense of labor, equipment, vehicles, facilities, properties, materials needed, and of applicable taxes, permits, and applicable laws. The Contractor affirms that within the City Service Area it is aware of the present placement and location of all Containers. The Contractor represents and warranties that it is capable of continuing to collect all (.oniaincr•s from their present locations, and that it is capable of providing service to and collection of Containers in any areas of the City Service Area that may be built out or developed during the term of this Contract.. 3. SCOPE OF WORK 3.1 General Collection System Requirements 3.1.1 City Service Area The Contractor shall provide all services pursuant to this Contract throughout the entire City Service Area. 3.1.2 Annexation lf, during the terra of the Contract, additional territory is added to the City through annexation or other means within whieli tlic Contractor has an existing WU 1'C certificate or other fr nchisc for solid waste collection at the time of annexation, the Contractor shall, from the date nt annexation, make collection in the annexed area in aeeorthtuce with the provisions of this Contract at the unit pricers set forth in this Contract. This Contract is in lieu of a franchise as provided in RCW 351,14.900. The Contractor agrees that its WIJTC certificate(s) applicable to lhosc areas (if any) shall he cancelled effective on the date of annexation by the City. The Contractor expressly waives and releases its right to claim any and all damages or compensation from the City, its officers, agents, or assigns arising out of the cancellation of any pre-existing permit or franchise held by the Conti -Actor prior to annexation, and further specifically waives the right to receive any additional compensation or any rights of coilccfion in the newly annexed territory. The term City of Spokane Valley 6 Comprehensive Drop -ho Container Collection Contract Waste Management of l Vaxhinitorr, Inc. Decem her, 2017 during which the Contractor shall service any figure annexation areas shall be seven years from the date of annexation, notwithstanding the term set forth in Section 1 of this Contract. If additional territory is added to the City through annexation within which the Contractor does not have an existing WUTC certificate or other franchise, for Garbage or other collections and that annexed area is served by another certificated hauler, then, the Contractor agrees to make collections in such annexed areas in accordance with the provisions of this Contract. at the unit price set forth in this Contract solely upon written notification from the City. The City shall negotiate a separate franchise with that certificated hauler as authorized by State law and shall authorize the Contractor to service that newly annexed arca at such time as may be authorized by State law and this Contract - In the event that additional territory is added to the City Service Area, the City acknowledges that equipment, such as Contract. -compliant vehicles and Containers, may take time to procure; and therefore, shall not charge pertnranance fees as outlined in Section 5.1 to the Contractor for reasonable delays in the provision of services to annexed areas covered by this section clue to procurement delays that are not within the control of the Contractor. 3.1.3 Service to Custnrners on Private Roads and Driveways The Contractor shall provide service to all Customers located on Private Roads, except as noted in this Section. In the event that the Contractor believes that a. Private Road cannot be safely negotiated, the Contractor may request the City to evaluate on-site conditions and make a determination of the best approach thr providing safe and appropriate service to the Customer. The City's determination shall he final, provided that the Contractor shall not be required to endanger workers, equipment, or property. Ifthe Contractor believes that there is a probability of Private Road or. Driveway damage, the Contractor shall inform the respective Customers and may require a road damage waiver agreement in a form previously approved by the City. In such event; if the Customers refuse to sign such a road damage waiver, the Contractor may decline: to provide service on those Private Roads or Driveways, and the Customers will only be serviced from the closest Public. Road access.. Sudo determination that damage is probable must be approved in writing by the City prior to any action or refusal of service by the Contractor. 3.1.1 flours/Days of Collection All cx}lloutions from Single-family Residential Customers and Residential zones shall be made between the hours of 6:00 a -m. and 6;00 p.rn, on a weekday, unless the City authorizes a temporary extension of hours or days. Saturday collection is allowed to the extent consistent with missed collection recovery, holiday and inclement weather schedules, or as approved by the City and shall occur during the same hours as weekday Residential collection. Collections from Commercial. Customers within Commercial zones may he made at any time provided that service to those Customers shall not disturb Residential Customers in adjoining or irfi :cel Rcsidentiat zoned arca. Collections from Cornrrrercial Customers within audible distance of Residential Customers outside of Commercial zones shall be made, only between the ]tours of 6:00 a.m. and 6:00 p.m., and no earlier than 7;00 a.m. on Saturday. Excnrptiotrs CO the hour requirements may be. granted in writing in advance by the City to accommodate the special needs ofCommercial Customers where allowed by the City's noise code. The City's noise ordinance, as amended from time to time, may further restrict these terms and hours of collection. Collections from Commercial Customers shall occur based on Customer needs and prior arrangement Monday through Saturday. City or Sp liai c Valley 7 December, 2017 Comprehensive Drop -box Container CAP lice lion Contra ct Waste Management of Washington, 1 ole. 3.1.5 Employee Conduct The Contractor's employees collecting Garbage or R.ecyelahles shall at all times be courteous, refii.ain from loud, inappropriate or obscene language, exercise due care, perform their work without delay,. minimize noise, and avoid damage to public or private property. If on private property, Contractor employees shall follow the regular pedestrian walkways and paths, returning to the street after repining empty Containers. Contractor emplciyees shall not trespass or loiter, cross flower beds, hedges, or property of adjoining, premises, or meddle pith properly that docs not. concern them or their task at hand. While performing, work under the Contract, Contractor employees shall wear a professional and presentable uniform with an. identifying name badge and company emblem visible to the average observer. At the City's option and direction, Contractor employees shall work with groups or organizations, such as. neighborhood community organizations, homeowner associations, or the City's Police, and other agencies providing utilities and services (e -g., Fire) for training to recognize and call the appropriate agency when sir pieinus activities or when street or utility deficiencies are observed. 11' any person employed, by the Contractor to perform collection services is, in the opinion of the City, incompetent, disorderly, or otherwise unsatisfactory, the City shall promptly document the incompetent, disorderly, or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a demand that such conduct be corrected- The Contractor shall promptly investigate any written complaint from the City regarding any unsatisfactory performance by any of its employees and take immediate corrective action. if the offending conduct is repeated, the City may require that the person be removed from all performance of additional work under this Contract in that event, the Contractor shall irtuncdiatcly remove that person from further performance of work under this Contract, 3.1.6 Holiday Schedule.' The Contractor shall observe the same holiday schedule as does the City's Disposal System. When those holidays fall on a regular collection day the Contractor shall reschedule the remainder of the week of regular collection to the next succeeding business day, which shall include Saturdays. The Contractor may not collect Garbage or, as may be applicable, Recyclables earlier than any regularly scheduled collection day due to a holiday, unless specifically authorized by the t_'ustorner, Holiday information shall be included in wr:it.i.ct] program materials, on the Contractor's web site, and via press releases to general news media in the Spokane 'Valley rilcaa }.]y the Contractor the Seek prior to the holiday affecting service_ 3.1.7 Inclement Bather The Contractor shalt provide all collection services unless weather conditions are such that continued operation would result in danger to the Contractor's staff, arca residents, or property. In that event, the Contractor shall collect only in areas that do not pose a danger,. The Contractor shall notify the City by e- mail or phone (at the City's option) of the areas not to be served by 6:00 a.m. on the sante business day iC adverse conditions develop overnight or within one hour i!'arlverse conditions develop during the workday alter 6:00 atm Once Contractor vehicles are on -route, areas intentionally missed due to hazardous conditions and not previously reported to the City, shall be approved by a route supervisor and reported to the City not later than 12:00 p.m. (noon) on the sarnc business day. the Contractor shall provide notification calls, texts, or e-mails (at Contractor's preference) to ;all missed Customers by 3:00 p.m., including information on when their next collection is expeet.ed. Weather policies shall he included in program information provided to Customers. On each inclement weather day, the Contractor shall release notices by 6:00 a.m. to the Contractor's website, local print and City of Spolsarne Valley 8 Conrprebensive Drop -box Container Collection Contract Waste Management or Washington, Inc. December, 2017 electronic media notifying residents of the modification to Ike collection schcrlule, The City may specify additional media outlets fbr Contractor announcements at the City's discretion. 3.1.8 Suspending Collection from Problem Customers The City and Contractor acknowledge I.hat some Customers may cause disruptions or conflicts that make continued service to that Customer unreasonable. 'Those disruptions or conflicts may include:, but not be limited to repeated damage to Contractor -provided Containers, :repeated suspect claims of timely set -out followed by demands fbr return collection at no charge, repeated unsubstantiated claims of Contractor damage to c Customer's property, abusive andlor threatening language: un the Customer's part, or other such problems. The Contractor shall make every reasonable effort to provide service to hoose problem Customers- If the problem continues, the Contractor may deny or discontinue service to a problem Customer after prior written notice is given to the City of the intent to deny or discontinue service, including the name, service address, reason for such action, and it reasonable efforts to accommodate the Customer and provide services have occurred and failed- If the Customer submits a written letter or e-mail to the City appealing the Contractor decision, the City may, at its discretion, intervene in the dispute. In this event, the decision of the City shall he final- The City may also require the denial or discontinuance of service to any Customer who is abusing the service or is determined to be ineligible. 3.1.9 Missed C ollec: tions If Garbage or Recyclahles are set -out inappropriately, improperly prepared, or contaminated with unacceptable materials, the Contractor shall either contact the Customer or place in a prominent location a written notification tag that identities the specific problem(s) and reason(s) for rejecting the materials for collection. Failure to contact the Customer or provide proper written notification to Customers of the reason for rejecting materials for c.011ectian 1aa11 he considered a missed collection and subject to performance fees due to lack of proper Customer notification. The failure of the Contractor to collect Garbage or Recyclabhes that have been set -out by a Customer w the proper manner on the appropriate clay shall be considered a missed collection, and the Contractor shall collect the materials from the Custe.n ncr on the same day if notified of the missed collection by 3:001'M on the day of the miss, otherwise the collection shall occur on the next day. Customers p: i v i i a . notice after 3:00 PM Friday shall receive a make-up collection the following Monday- The Contractor shall maintain a record of all calls related to missed collections and the response provided by the Contractee-. Sw.1i records shall be made available for inspection upon request by the City, and the information shall he included in annual reports. (Sec Reporting, requirements set forth in Section 3-3A)- lfthe Contractor is requested by tltc Customer to make a return trip due to no fault of the Contractor, which the Contractor can prove through documentation (e.g. the Containers were not placed al the curb on-time and the driver documented that fact in as log, with a photograph_ ctc-), the Contractor shall be permitted to charge the Customer an additional return trip fee for this service, provided the Contractor notifies the Customer of this charge prior to and on the same day of the: return trip, ,noel the Customer agrees to payment of the return trip hue. The Contractor shall not be liable for a missed collection in such ease. 3.1.10 Requirement to Recycle; Maintaining Quality Assurance Through Monitoring The Contractor shall recycle all Source -separated Rccyclablcs collected unless express prior written permission is provided by the City- The Contractor shall use vehicles and processing systems that minimize unnecessary breakage and cross-coniaminaation of materials, Thclanclt I] inS, incineration, or other disposal City of Spokane Valley 9 December, 2017 Comprehensive Drop -box. Container Collection Contract Waste Management of Washington,. Inc, of uncontaminated Source -separated Rccyclables by the Contractor is expressly prohibited without the express prim` written approval of the City. A Container with visually obvious contaminants included with Source -separated Recyclables shall not be collected, and the Container shall be left with either (1) a prominently displayed written notification tag, or (2) with the Contractor coniacting the Customer directly, explaining the reason for rejection and stating that the Customer may either remove the contaminated materials to meet the standards for R cycflablcs or' that. if the contaminated materials a.rc not removed, the Container shall be collected on the next regular collection cycle as Garbage at the rate specified in Attachment B. in either case, materials shall be collected on the next regular collection cycle unless thc Customer pays for a return trip. The Contractor may change the dtiv of Multifamily Complex collection by giving at least 14 days written notice of the pending colleu[ion ci,i.v change to the affected Customers. 3.1.11 Vehicle and Equipment Type/Condition/Use The Contractor shall use collection vehicles that arc presentable, are in safe working condition, and arc subject to a.[I other conditions of this Section_ The Contractor shall keep maintenance report for each collection vehicle and provide these upon request by the City, The accumulated annual use of individual back-up vehicles shall be reported in the Contractor's annual report. Vehicles shall he maintained in a clean and sanitary manner, and shall. be thoroughly washed at least once each week unless adverse weather conditions preclude washing. All collection equipment shall have appropriate safety markings, including all highway lighting,, flashing and warning lights, clearance lights, and warning flags, all in aceordanee with current statutes, rules and regulations. J quipmcnt shall he maintained in good condition at all times. Vehicles shall be repainted upon showing rust on the body or chassis. All parts and systems of the collection vehicles shall operate properly and be maintained in a condition compliant with all federal, state, and local safety requirements and he in a condition satisfactory to the City_ AB vehicles shall be equipped with 'variable tone or proximity activated reverse movement back-up alarms. The Contractor shall maintain eolleution vehicles and Containers to ensure that no liquid wastes (e.g_ Garbage leachate) or oils (e.g. lubricating, hydraulic ur fuel) are discharged to Customer premises or City streets_ All collection and route supervisor vehicles used by the Contractor shall be equipped with a spill kit sufficient in size to contain a complete spill from the largest liquid tank on the collection vehicle. Any equiprment not tweeting these standards shrill nest be used within the City Service Area until repairs are made. Any discharge of liquid wastes or oils that may occur from Contractor's vehicles or Containers, prior to them being removed from service, shall be cleaned -up or removed within three hours of being noticed by route staff, Customers or the City, and shall be re mediated by the Contractor at its sole expense, Such clean- up or removal shall be documented with pictures, and notice of such clean-up or removal shall be provided to the City in writing_ The Contractor shall immediately notify the City by calling the Senior Engined` to notify of any spills that ender drainages. Failure by the Contractor to clean-up or r'crucvc the discharge in a timely fashion to the satisfaction of the City shall be cause kir pertormance fees, as described in Suction 5,1. The Contractor shall notify the City and Customer of any leakage from non -Contractor -owned Containers immediately, in order to address those spills in a timely manner. The Contractor shall mainlain all vehicles used in the City Service Area in a manner intended to achieve reduecd noise levels, operating cost, and fuel use. All collection vehicles shall be operated in a manner to avoid extended idling. Catty or Spokane Valley 10 Comprehensive Drop-bo>r Container Con ectiuit Contract VV rstc Management of \' `ash in!i14 rr, Inc. December, 2017 The Contractor's name, logo, customer service telephone number and website address shall be clearly identified on Contractor's vehicles. No additional advertising shall be allowed on Contractor vehicles unless previously approved in writing by the City. Special promotional messages may be permitted by the City provided they are either painted directly on vehicles or on special placards attached to vehicles. City approval shall be in writing and solely within the City's discretion_ All Contractor route, service, and supervisory vehicles shall he equipped with properly licensed two-way communication equipment. The Contractor shall maintain a base station or have equipanent capable of reaching all collection areas. Collection vehicles shall also be equipped with hack -up cameras, A vehicle not meeting the requirements of this Section and [he Contract shall be removed and not used in the City until such time as it is brow hl into compliance, 3.1.12 Container Requirements and Ownership All Recyclables collection services provided under this Contract specifically include the costs of the associated Recycling Container. The cost. of rental of Contractor -provided Drop -box Containers is authorized at the rates contained in Attachment B, as the same may be adjusted pursuant to Section 4 of this Contract Customers shall use Contractor -provided Drop -box Containers for Garbage collection service, provided that Customers may use their own or lease] compacting Trop -box Containers. The Contractor shall handle any Customer -owned Garbage Drop -box Container in such El way as to prevent undue damage. The Contractor shall be responsible for unnecessary or unreasonable damage to Customer -owned Drop -box Containers. Customers shall use Contractor -provided Carts and Containers for Recyelablcs collection service_ Customers may elect to own or secure Drop -box Containers used for compacting purposes from other sources, and shall not be subject to discrimination by the Contractor in collection services on that account. However, Drop -box Containers used for compacting purposes owned or secured by Customers shall he capable of being serviced by the Contractor's collection vehicles to he eligible for collection. The Contractor shall provide: labels and collection service for compatible Customer -owned or-sceurecl Drop - box. Containers used for compacting purposes. The Contractor is not required to service Customer Drop - box Containers used for compacting purposes that are not compatible with the Contractor's equipment Tn the event of a dispute as to whether a particular Drop -box Container used for eotnpseting purposes is compatible, the City shall mare a final determination, 3.1.12.1 Recyclables Carts far Multifamily Complex Customers The Contractor shall procure and maintain a sufficient quantity of Containers to service the City's Multifamily Customer base, ino:1uding seasonal and economic variations in Container demand. 1a'ailurc to have a Contair•rur tavailable when required by a Customer shall .subject the Contr-aaetor to performance fees, as provided in Section 5. The Contractor shall offer 32/35, 64 and 96 -gallon Recyclaablcs Carts fbr Multifamily Complex Recyclables collection serving subscribing Multifamily Complex Customers utilizing Drop -box Containers as their sole source for Garbage collection and subscribing for Recycling unless the use of a Detachable Container for Recyclables is more appropriate for the volume handled at that site. All Carts shall be manufactured from a minimum of 10% post -consumer recycled plastic, with a lid that will accommodate. a Contractor atlixed sercening or label. Carts shall be provided to requesting Customers within seven days of the Customer's initial request. City of Spokane Valley 11 Tiecernher, 2{1 17 Ctrrnprehensive Fp- hox Container Collection Contract Waste Man gement orWastrington, Inc. Replacement Carts and Carts provided to new Customers (luring the Merin of the Contract may be previously used, but shall be clean, in good condition and with new or near -new instructional decals with information relevant to Spokane Valley in-place prior to Cart distribution. All Contractor -provided Carts shall he maintained by the Contractor in good condition for material storage and handling; contain no jagged edges or holes; contain wheels or rollers for movement, and be equipped with an anti-skid device: or sufficient surtaec arca on the bottom of the container to prevent unwanted movement, The Carts shall contain instructions for proper use, including any Customer actions that would void manufacture warranties (such as plaeutncnt of hot ashes in the container causing the container to melt), and proce4luresto follow to minimize potential fire problems. Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair needs for Contractor -provided Carts and forward written or electronic repair notices that clay to the Contractor's service personnel. Carl repairs shall then be made within seven days at the Contractor's expense. Any Cart that is damaged cr missing an account of an accident, acl of nature or the elements, fire, or theft or vandalism by a third party shall be replaced not later than three business days after notice from the Customer or City. in the event that a particular Customer repeatedly damages a Cart or requests more than one replauerrient Cart more frequently than a time period allowing for reasonable: wear and tear flaring the terra of the Contract or due to negligence or misuse, the Contractor' troy charge the Customer for the depreciated value of the Cart,. based on 1O -year straight-line depreciation, 41.__J shall forward in writing the Customer's name and address to the City with a full explanation of ineidcnrH. In the event that the problem continues, the Contractor may discontinue service to that Customer, provided the City gives previous written approval specific to that Customer, 3.1.12.2 Detachable Containers and Drop -box Containers The Contractor shall furnish and install appropriately sized Detachable Containers for Reeyclahlcs at subscribing Multifamily Complex Recycling sites where Carts are not appropriate, and 10-, 20-, 30-, and 40 -cubic yard un -compacted Drop -box. Containers to any Customer who requires their use for storage: and collection of Garbage within three days of the Customer's request. Containers shall he located on the premises in a manner satisfactory to the Customer and for collection by the Contractor and shall indicate the Container size and day of collection. The Contractor shall charge rent for temporary and permanent Drop -box Container service in actor -dance with the rates listed in Attachment B. The Contractor may not charge Customers any other fees, charges, rates, or any expenses in connection with Drop -box Container service other than those Multifamily Complex Recycling fees and/or rental rates listed in Attachment B. Detachable Containers shall be watertight and equipped with tight -fitting metal or plastic covers; have four wheels for Containers 3 -cubic yards and under unless otherwise requested by a Customer; be in good condition for Recyclablcs storage and handling; he safe for the intended use; and, have no leaks, jagged edges, or holes. Drop -box Containers shall be all -metal, and if reque.,icd by a Customer, equipped with a tight -fitting screened or solid cover operated by a winch in good repair. lfnon-lidded Drop -boxes are used by the Contractor, the Contractor shall equip its vehicles with tarring systems to ensure that materials are not spilled during transport. Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary) before being supplied to a Customer who has not used it earlier- The Contractor shall provide an On-call Container cleaning City of Spokane Valley 12 December, 2017 C:ornprehenxive Drop -box (;u!ifaioer Collection Contract Waste Management of Washington, the. serviec: to Cuxloirncrs. The costs of On-call cleaning shall he billed directly to the; Customer in accordance with Attachment ! . As between the Contractor and the City, all Containers on Customers' premises arc at the Contractor's risk and not the City's. 'J:"he Contractor shall repair or replace within one business day any Container that was supplied by or taken over by the Contractor and was in use if the City, loyal health department inspector, or other agent having safety or health jurisdiction determines that the Container fails to comply with reasonable standards or constitutes a health or safety hazard. 3.1,12.3 Ownership All Contractor -owned Containers used by the Contractor to provide Contract collection services, shall remain the sole property of the Contractor during and upon the termination of this Contract.. 3.1.12.4 Container Colors and Labeling Contractor -provided Containers used for the collection at Multifanmily (.:omplex Recyclables, shall be blurt; provided that any existing Multifamily Complex (Recycling Containers that are colors other than blue shall not he required to be changed until they are replaced glue to the end of their useful life, at which time the new Container shall be blue. Contractor -provided Containers used for the collection of Garbage shall be green, unless otherwise approved by the City. Specific Container colors Shall be approved to writing by the City prior to the Contractor's order of new Containers, Ail Contractor -provided Containers lo be used for Garbage collection shall have materials preparation instructions and telepbanekentact information, including both a customer service phone number and a website address, either screened or printed on a sticker, all subject to the prior written approval of the City. All Containers to be used for Garbage shall have labeling affixed that states: "Leaky dumpster? Damaged Lid?" and provides a phone number to call for repair or replaeemeut, Information .shall he printed in a size that is easily read by the users, on durable UV -resistant label stock squarely affixed to each Container. All labels shall be approved in writing by the City prior to ordering by the Contractor, Iticliviclua.i Containers with faded or damaged paint shall be repainted upon City or Customer request Contractor -provided Containers used for the collection of Reeyclahlcs from subscribing Multifamily Complex Recycling Cusloiners utili .ing Drop-hox Container Garbage Collection shall be rc labeled by (he Contractor onec every Live years or upon Customer or the City's request for any particular Container. The City inay waive the five-year mandatory relabeling requirement, at its sole option, for Containers with particularly long-lasting stickers. Labels and molded or screened information on all other Containers shall be replaced by the Contractor when faded, damaged, or upon City or Customer request. For Contractor -provided Containers, the Contractor shall within throe plays cover graffiti with paint that closely matches the Containers existing paint or color, when notified by the City or Customer. The Conti teloar may choose to replace Containers and perfonii maintenance at its owtt site or provide the over - painting at the Customer's site, but shall not charge lite City or Customer for this service. 3,1.1.2,5 Container Weight No specific weight restrictions are provided for Containers; however, the Contractor shall not be required to lift or remove materials from a Container exceeding_ the safe working capacity of the collection vehicle. The combined weight of Drop -Box and contents shall not cause the collection vehicle to exceed legal road weight limits. Citi, of SpoIca ne VaIley 13 Comprehensive Drop -box Container Collection Contract Waite Management of Washington, Inc. December, 21117 3.1.12.0 Container Removal Upon City or Customer Bequest The Contractor shall remove all Containers upon three days of specific Customer, property manager, property owner, or City request or cancellation by the Contractor. The contents of Containers removed after a. Customer's final pick-up shall be managed as if they were collected as a regular pick-up (e.g. Garbage. shall be disposed of and Rccyclalales shall be recycled) at the Contractor's, not Customer's cast. Failure to remove Containers within the specified timeline shall he subject to the same performance fees as delayed Container delivery for that Customer sector. 3.1.12.7 Container Placement The Contractor shall provide Container placement direction to Customers to minimize the blocking of sidewalks in such a way that might hinder or block pedestrians. The Contractor shall return Containers to the same location once emptied. The Contractor shall collect from areas mutually agreed upon by the Contrw. for and Customer with the least slop and best vehicle access possible. For Customers that roust stage their Containers on Public Streets or on significantly sloped hills, the Contractor shall make a good faith effort to work with the Customer to ensure that. the Containers are not left unattended in problematic staging areas and are sufficiently restrained such that the Container may not roll and cause harm to persons or property. The Contractor may require the Customer to attend to the Containers immediately prior to and after collection. Any disputes arising between the Contractor and the Customer as to what constitutes a "significantly sloped hill" or a "safety hazard" shad be submitted in writing to the City, and the City's decision shall be final. The. Contractor's crew shall make collections in an orderly and quiet manner, and shall return Containers after emptying to the same location as found, with their lids closed. 3.1.13 Inventory of Equipment, Vehicles, Facilities and Containers The Contractor shall provide to the City, on the Date of Commencement of Service of this Contract, El complete inventory of the vehicles and facilities to be used in the performance of this Contract- The inventory shall include each vehicle (including chassis model year, type, capacity, model, and vehicle identification number) kind caelm lac iliiv tin be used in performance of this Contract. (including address and purpose of the facility- The Contractor may change vehicles and facilities from time to time, and shall include the revised inventory in the annuail report provided for in Section 3.3.4.1. The Contractor shall maintain vuhiulcs and facilities levels during the performance of this C:orrtract at least equal to those levels described in the initial inventory. 3.1.14 Spillage All loads collected by the Contractor shall be completely contained in collection vch isles at all ti meg, except wncet7 material is actually being loaded. Hoppers on all collection vehicles shall be cleared frequently to prevent the ocuurrenee of blowing, leakage, or spillage. Any leakage or spillage of materials that occurs luring collection shall be immediately cleaned up or removed by the Contractor at its sole expense. fhe. Contractor shall document the Leakage or spillage, including taking pictures before and after clean -cup or removal, and shall provide this doeun'rentation to the City. Leakage or spillage not immediately cleaned up or removed by the Contractor shall he cause for performance fees, as described in Section 5,1. Should a leakage or spillage occur during collection, Contractor shall notify the City immediately by calling the City's Senior Engineer and, likewise, expressly acknowledges it is solely responsible for any local, state, or federal violations, vwwh ich may result from said leakage or spillage. City of Spokane Valley 14 December. 2017 Colon prcticasivc prop -box Container Collection Contract Waste ft1atiagcnicut of Washington, Inc. Any Contractor -supplied Container observed by the Contractor, Customer or City to be leaking shall he replaced by the Contractor within one business day of [he Contractor's observation, Customer request or notification from the City. In the event that ]cake .e from Customer -owned Containers or Containers leased from third parties is observed by the Contractor, the Contractor shall immediately int'nrr the City and Customer of the leakage. 31.15 Disruption Dare to Construction The City reserves the right to construct any improvement or to permit any such construction in any street or alley in such manner as the City may direct, which may have the effect for a time of preventing the Contractor from traveling the accustomed route or routes for collection. The Contractor shall, however, by the most expedient manner, continue to collect. Garbage and Recynlahles to the same extent as though no interference existed upon the streets or alleys normally traversed. This shall be done at no extra expense to the City or the Contractor's Customers. In the event of complctc blockage, snaking any collection area(s) completely inaccessible, the Contractor may request City permission to collect double loads the following week and failure to lxzake collection shall not constitute a missed collection pursuant to Section 3.1.10. 3.1.16 Contractor Planning anti Performance Linder Labor Disruption 11: the Contractor's employees are covered by an organized labor agreement, then no later than 90 clays prior to the expiration of any labor agreement associated with services performed udder this Contract, the Contractor shall. provide the City with its planned response to labor actions that could compromise: the Contractor's performance under this Contract The Contractor -prepared Strike Contingency Plan shall address in detail: 1. The Contractor's specific staffing plan to cover Contract services, including identification of staff resources moved from out -of -arca operations and the use of local management stall' to provide basic services. The staffing plan shall be sufficient to provide recovery of full operations within one week following the initiation of the disruption. 2. Contingency training plans to ensure that replacement and management staff who arc operating r utcs arc able to continue to collect route data and follow. collection and material delivery procedures for all material streams collected from Customers. A recovery plan to address how materials will be collected in the event of a short -notice disruption that does not allow the Contractor to collect all ,materials on their regular schedule (e.g. a wildcat strike) within one week following the initiation of the disruption. The Contractor shall keep the City inlrtncci ot'thc status of active labor negotiations on a daily basis. In the event that labor disruptions of any kind cause reductions in service delivery, the Contractor shall inform the City within four hours by phone and e -nihil of the nature and scope of the disruption, as well as the Contractor's irranxecliate plans to activate any part of or its entire Strike Contingency Flan_ At the close of each service day during a labor disruption, the Contmtor shall retort to the City via e-mail the areas (per a detailed map) and etastomor counts of served and un -served customers by material stream and service sector. In the event that a disruption Easts more than one week and Contractor cannot provide service to affected Customers, Customers may seek service from other haulers. Contractor shall be entitled to collect. payment only for such services as it has actually provided. Regardless of whether Contractor's employees are covered by an organized tabor agreement, t:hc City and Contractor agree that the following special City compensation and performance fees reflect the best City nrSpolcanc! Valley 15 Comprehensive Drop -box Container Collection Contract Waste Management of Washington, Inc.. December, 2017 estimate of the )Impacts of the labor disruption to Customers and the City. In the event ofa labor disr-uption, regardless of whether Contractor's employees arc covered by an organized labor agreement, the Contractor shall pay the City monthly by the tenth day of the following month; - An amount equal to [he Administrative Fee reduction due to the Customer credits for reduction in service so that the City does not experience any Acltninistrative Fee revenue loss due to those Customer credits. 2. An additional City cost reimbursement amount of $500 for each day of labor disruption to reimburse City staffing and other casts for managing the impacts of the labor disruption; 3- A performance fee of $1,000 per day for each day of labor disruption from the 1 day to the 7th day of'the labor disruption; 4. A performance fey: of $2,000 per day for each day of Labor Disruption from the 13th day to 111th day of the labor disruption; and 5 A performance fee of $5,000 per day for each day of Labor Disruption for every day beyond the 14e'' day of labor disruption. The performance fees listed as 3 through 5, ahoy;, are intended to apply to any complete work stoppage where alternative, but substantially equivalent service by non -striking employees or otherwise, is not provided by the Contractor. In the event substantially equivalent service is provided by the Contractor through the employment of non -striking employees or otherwise .at any point during the course of the labor disruption, the Contractor is entitled to reduce: the amount of the daily performance fees that otherwise would be due on a pro -rata basis, basal on the percentage of Customers receiving, substantially equivalent service on that day. Given the nature of the failure arising from labor disruptions, the Contractor shall not be allowed any cure period opportunity or rectification process. The Contractor's failure to comply with the Contractor -prepare -d Strike Contingency Plan of this section, if required, shall be subject to a special fee of $1,000 per day for its non-eompliance during the labor disruption event, This special fee is separate compensation to the City far the Contractor's failure to plan and execute the provisions of this section- The special fee shall be paid to the Cit} within 30 days of the Contractor's receipt of the City invoice. Fees paid by the Contractor under the terms of this Section 3.1.16 are not regular performance fees for the purposes of Section 5, and shall not be counted in the cumulative performance fee default threshold referenced in Section. 5.2. The City may elect to waive or receive the ecIui valent value of additional services., as negotiated, in lieu of the specific performance fees itemized in this section. 3.1.17 Site Planning and Building Design Review The Contractor shall, upon request and without additional cost, make available assistance with site planning and building design review to either the City and/or property owners/managers. The assistance shall be available for all. new construction or remodeling of buildings and structuress within the City Service Area. Contractor planning assistance for optimizing loading docks and other areas shall also be available for existing building ownersfmranagc:ts when realigning Garbage and, as may be appropriate, Rceyclahles services. All assistance shall he provided by the Contractor in a timely manner so as to not delay the planning and review process. Assistance shall include; but not be limited to reviewing and providing comments on building designs and site plans to ensure that those designs and plans incorporate: • Garbage and as may be appropriate, Recyclables removal areas and their location upon the site of the proposed construction or remodeling project; • adequate floor and vertical space for the storage and collection of Containers for all materials; City of Spokane Valley 16 December, 2017 Comprehensive Drop -box Container Collation Contract Waste Management of Washington, Inc. • adequate access for vehicles to collect and empty Containers, including overhead elearatxcc, turning radius, and access that. docs not require backing across sidewalks or violating any City code; • avoidance of surface water drains and ditches when considering Container locations and developing strategies for containment of any potential leak*; and, • strategics to reduce interior and exterior noise and eruissions. Al] communications regarding this process shall be conducted electronically via email unless otherwise ageed to in writing by the Parties. 3.1.18 Safeguarding Public and Private Facilities The Contractor shrill be obligated to protect all public and private improvements, facilities, and utilities whether located on public or private: property, including street curbs. If such improvements, facilities utilities, or curbs are damaged by reason of the Contractor's operations, the Contractor shall notify the City immediately in 'writing of all damage, and the Contractor shall repair or replace the sante or pay the City for repairs. lfthe damage creates a public safety issue that requires an immediate response, the Contractor shall, along with notifying the City immediately in writing, call the City's Senior Engineer to inform them of such matter- If the Contractor fails to do so promptly, as determined by the City, the City shall cause repairs or replacement to be made, and the cost, including overhead and administrative costs, of doing so shall be paid by the Contractor or deducted from amounts owed the Contractor under the Contras(, The City shall not be liable for any damage to property or person caused by the actions of the Contractor, and the Contractor shall indemnify and hold the City harmless for any such damage or legal implications from said actions pursuant to Section 7.5. 3.1.19 Transition and Implementation of Contract The Contractor shall develop, with the City's input and prior written approval, and submit to the City no later than 90 days aper the Dale or Execution of this Contract, a Transition and Implementation Plan for introducing the new and revised services to the different Customer sectors (i.e,, Multifamily Complex and Commercial Customers), and detailing a l,titii Ile tirneline as to when different activities and events will occur, including details of Container delivery, how di ficrent evcrrl:s impact other events in the timeline and the process to he used to ensure thin irrrpieurciitaiio tcci.irs with no disruption. The Transition and Implementation Plan shall include detaik to update Contractor's website; information. regarding new services, educational materials regarding Recycling, and other information or materials the Contractor desires to produce and provide to Customers. AU materials, information, and educat ion provided as part of the Transition anti Implementation Plan shall be designed, developed, and delivered by the Contractor, at the Contractor's cost, and with prior written approval by the City. The City shall be. provided a tminimum of two weeks to review any materials, information, or education included in the Contractor's Transition and Implementation plan- The City shall not be responsible or 'liable for payment of any cysts associated with design, development, or delivery of any materials, information, or education as part. of the Contractor's Transition and impicrnentation Plan. 3.1.20 Performance review The City may, at its option, conduct a review of the Contractor's performance under this Contract. If cottdtictcd, the performance review shall include, but is not limited, to a review of the Contractor's performance relative to requirements and standards established in this Contract, The Contractor agrees to fully cooperate with the performance review and work with City staff and consultants to ensure a timely and complete review process. City of Spilttane Valley 17 Comprehensive Drop -box Container Collection Contract Waste Management of Washington, Inc, December, 2017 The results of the performance review shall he presented to the Contractor within ail days of completion. Should the City detcr'rrlinc that the Contractor fails to meet the Contract performance requirements and standards, the City shall give the Contractor written notice of all deficiencies. The Contractor shall have [ill days from its r ecipt. of notice to correct deficiencies to the City's satisfaction- if the Contractor fails to correct deficiencies within 60 days, the City may allow the Contractor additional time to comply, accept other remedies for the service failure or proceed with the contract default process pursuant to Section 5.2 of this Contract, at the City's sole option. The costs of the development and implementation of any action plan required under this Section. 3.1.20 or Section 5.1 shall he paid for solely by the Contractor, and the costs of developing or implementing such action plan niav nut be passed on to Customers or the City, or included in rates or fees charged Customers. 3.1.21 Continual Monitoring and Evaluation of Operations The Contractor's supervisory and management staff shall be available to meet with the City at either the Contractor's office or City offices,. at the City's option, on an every -other -weekly basis during the first six months of the contract and monthly throughout the term of the Contract to discuss operational and Contract issues, or such other lime periods as may he agreed to by the Parties in writing. The Contractor shall continually monitor and evaluate all operations to unsure that compliance with the provisions of this Contract is maintained. The City may periodically monitor collection system parameters such as participation, Container condition, contents weights, and waste composition. The Contractor shall assist and fully cooperate with the City by coordinating the Contractor's operations with the City's periodic monitoring to m inim ze inconvenience to Customers, the City, and the Contractor. The Contractor also shall provide full access to equipment, processing facilities, route and Customer service data, safety records, and other applicable information, The City's review of Contractor activities and records shall occur during normal Office Hours and shrill. be supervised by the Contractor's staff. 3.1.22 Colicc.i_ionL[1isposal Re rtr^ictions Except for CAD \ astc, all Garbage collected under this Contract shall be delivered to the City Disposal System, unless otherwise directed in writing by the City. Unauthorized disposal of Garbage, other than C&D Waste, l ecyclablcs, and Compostables, outside of the City Disposal System shall be grounds for Contract default pursuant to Section 5.2 of alas Contract. The Contractor shall not knowingly or as a result of gross negligence collect or dispose of Excluded IVlatcrials or other hazardous materials that are either restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options for such materials. Titic to and liability for any Excluded Materials, or for other hazardous materials or substances that are either restricted from disposal or would pose a danger to collection crews (including but not limited to any household 1 Iazardous Waste and small quantity generator l lazardous Waste, special waste, and radioactive material) or the environnment and that are included with any materials collected under this Contract by Contractor despite the City's and Contractor's attempts to prevent the inclusion of such materials shall not pass to Contractor, but shall remain with the party from whom such Excluded Materials or any such other materials or substances is received. City of Spokane Valley 18 Comprehensive Drop -ho x Container Collection Contract Waste Management of Washington, Inc. December, 2017 3.1.23 Emergency Response The Contractor shall provide the City with the use of the Contractor's labor and equipment for assistance in the event ofa City disaster or emergency declaration, Contractor servicus shall be provided immediately upon City directions and paid at the Contract rates in Alla ehlalcnl 13, provided that the City requests no more than an additional 10 drop -box hauls per weekday for a period not to exceed three weeks. If the City requires additional service to address a disaster or emergency event, the City shall negotiate with the Contractor 10 obtain the required additional services. The Contractor shall keep full and complete records and documentation of all costs incurred in connection with disaster or emergency response, and include such information in [he annual reports. required under Section 3.3.4. The Contractor shall maintain such records and documentation in accordance with the City's prior written approval and any standards established by the Federal Emergency Management Agency, and at the City's request, shall ;assist. the City in developing any reports or applications necessary to seek federal assistance during or after a federally -declared disaster. 3.2 Collection Services 3.2.1 Multifamily Complex Reeyclables Collection Recycling shall be available to Multifold ily Complex Customers utilizing Drop -box Container for Garbage Service at the Multifamily Complex RDcycling rate surcharge provided in Attachment 11 in addition to their basic Garbage charges, based on the size of the Customer's Garbage Container. 3.2.1.1 Subject Materials All Rccyclables listed in Attachment C t'or Multifamily Complex Customers, shall be collected from subscribers. witliotit 1iiiiiL. 3,2.1.2 Containers The Contractor shall provide. Recycling Containers at no additional char's to all Multifamily Complex Customers subscribing to Multifamily Complex Recycling service. The Contractor shall recommend appropriate Container sizes through its site visit and evaluation process, The Contractor shall encourage the use of Detachable Containers instead of multiple Carts at locations where more than one cubic yard of Recycling capacity is provided, unless space or other constraints favor the use of Car[s. Containers used for the collection of Recyclah]es shall be delivered by the Contractor to requesting Customers within three clans 1..)1' the Customer's initial request. 3.2.1.3 Specific Collection Requirements If Recycling is requested; Multifamily Complex recycling collection shall oeiur al lkirwl weekly or more frequently if space constraints preclude providing sufficient weekly capacity- Collections shall be made on a regular sehcct111c on the same day(s) ofthe week and as close to a consistent time as possible to 1n1111ili17.0 Customer and tenant confusion. The Contractor and City shall jointly develop a protocol to address Multifamily Complex recycling contamination issues. The protocol shall address thresholds for when contamination levels trigger Customer contact, when to put a Customer on `{probation' for possible discontinued collection, when to suspend collection service and remove the subject Container, and rurally, procedures for allow a Customer City of Spokane Valley 19 December, 2017 Comprehensive Drop -box Container Collection Contract Waste Management of Washington, Inc. to resume service alter it has been suspended due to contamination. The Contractor shall implement the protocol consistently for all Customers and shall notify the City via c -mail of any Customer being handled under the protocol. 3.2.2 Drop -Box Container Garbage Collection 3.2.2.1 Subject Materials The Contractor shall provide Drop -Box Container garbage ccfllec[ic rs services to Customers, in accordance with the service level selected by the Customer and thhe service rates set forth in Attachment B. 12,2.2 Containers The Contractor shall offer rental of non -compacted Drop -box Containers at the rates listed in .Attachment 13. Both Customer -owned and Contractor -owned Drop -box Containers used for compacting services shall be serviced, The Contractor shall maintain a sufficient Drop -box Container inventory to provide delivery of empty Containers by the Contractor to new and temporary Customers within three business days atter the Customer's initial request, 3.2,2.3 Specific Collection Requirements The Contractor shall provide' dispatch service and equipment capability of delivering empty ami collecting full Drop -box Containers on the same business clay if the Customer's initial request is received by the call center before or at noon, and no later than the next business day if the Customer's initial call is r eeivcrl by the call center after noon. At the Customer's request and if operationally necessary and not otherwise restricted due to space or other constraints, the Contractor shall deliver an empty Drop -box Container to the Customer at the time of collecting the full Drop -box Container_ 3.2.3 Temporary (Non -Event) Container Customers 'fhc Contractor shall maintain a sufficient Drop -box Container inventory to provide delivery of empty Containers. by the: Contractor to temporary Customers within three business days after the Customer's initial request. The: charges, for all temporary Containers shall he included in A11aiehrrient B. No additional fees other than those included in Attachment 13 may be charged. Temporary Garbage services shall not. exceed 90 days in duration. Customers requiring service for more than 90 days shall subscribe for Drop Lox Garbage service. 3.2.4 Excluded Services This Contract does not include the collection or disposal of Excluded M.aler-iaals. Collection of 'Garbage and Recyclahles in any manner and by any Container type other than as specified herein are exeludcd .from the Contract and are contracted for separately by the City. 3.3 COLLECTION' SUPPORT AND MANAGEMENT 3.3.1 General Customer Service The Contractor shalt be responsible fbr providing all Customer service functions, including, but not limited to: City of Spokane Valley 20 Comprehensive Drop -box Container Collection Contract Waste Management of Washington, Inc. December, 2017 • Answering Customer telephone calls and e-tuai1 requests; • Informing Customers of current, new, and optional services and charges; • i landling Customer service requests, subscriptions and eaneellations; • Receiving and resolving Customer complaints; * Dispatching Containers; • Billing; and, ■ Maintaining and updating regularly as necessary a user-friendly internet website. These functions shall be provided , [ the Contractor's sole cost, with such costs included in the Customer charges set forth in Attachment B. 3.3.2 Specific Customer Service Requirements The Contractor shall maintain a Spokane Valley -specific local or toll free telephone number with sufficient physical capacity to meet Section 3.3.2.9 performance requirements, The holiday collection schedule described in Section 3.1.6 shall also apply [o Customer service coverage. Customer service representatives shall be available through the Contractor's call center during Office Hours for communication with the: public and City representatives_ Customer calls shall be taken duri ng Office I louts by a person, not by voice mail. Turing all non -Office Hours for the call center, the Contractor shall hwc an answering or voice mail service available to record messages from all incoming telephone calls. 3.32.1 Customer Service Representative Staffing During Office 1 lours, the Contractor shall maintain sufficient s[affi.ng to provide timely response to complaints and service requests, consistent with required Contract response times for Customer communications. During office hours, Customers shall not be required to navigate automated telephone answering option branches in order to speak with a Customer service representative, but shall be rouged directly to a Custoiner service representative, Il' incoming telephone calls necessitate, the Contractor shall increase staffing levels as necessary to meet Customer service demands. The Contractor shall work towards providing and publicizing a telephone number capable of'handling service related text messages. The Contractor 5112111 maintain sufficient staffing to answer and handle complaints and service requests in a timely manner made by methods other than telephone, including letters, e-mails, text messages or webpage messages. If staffing is deemed to hc iinsull-icient by the Ci[y to handle Customer complaints and service requests in a timely manner, the Contractor shall increase staffing Levels to meet performance criteria. 3.3.2.2 City Customer Service The Contractor shall maintain staff that has management level authority to provide a point ofcontaret for the majority cif City i nquiries, requests, and coordination covering the full range of Contractor activities related to this Contract. Du[ic:s include, but are not limited to: • Assisting City staff with promotion and outreach to Customers; • Serving as an ombudsperson, providing quick resolution of Customer issues, complaints, and urcluiiries; and • Assisting the City with program development and design, rnscmh, response to inquiries, and troubleshooting issue_ City of Spulcarie Valley 21 Cum prehensivc Drop -box Cfintainer Cul 1eclion Contract waste: Management of Washington, Inc. Dcccnmber, 2017 The. Contractor shall maintain a representative or answering service to contact such representative, available at an emergency telephone number and email for use by the City in the event of an emergency during all hours. The City shall not use the emergency contact after normal office hours for normal customer service issues. 3.3.2.3 Service Recipient Complaints and Requests The Contractor shall record all complaints and service requests, regardless of'how received, including date, time, Customer's name and address, if the Customer is willing to give this information, method of transmittal, and nature, date and manner of resolution of the complaint or service request: in a computerized daily Ing. Any telephone calls received via the Contractor's non -office hours voice mail or answering service shall be recorded in the log the following business day. The Contractor shall make a conscientious effort to resolve all complaints within one business day of the original phone call, letter, or internet communication, and service rcqucstss within the times established throughout this Contract for various service. requests, if a longer response time is necessary for complaints or requests, the reason for the delay shall he noted in the log, along with a description of the Contractor's efforts to resolve the complaint or request.. The Customer service log shall be available for inspection by the City, or its designated representatives, during the Contractor's Office I Iours, and shall be in a format approved by the City. The Contractor sha[I provide a copy of this log in an electronic format from the Microsoft Office suite of software to the City with the annual report, 3.3.2.4 Handling of Customer Calls All incoming telephone; calls shall be answered promptly and courteously, with an average speed of human answer of loss than 30 seconds_ No telephone calls shall be placed on hold for more than one minute, and on a monthly basis, no more than. 10% of iric;oin i ng telephone calls shall be placed on hold for more than 30 seconds, The Contractor is encouraged to provide a "call-back" function to handle high call volumes. A Customer shall be able to talk directly with a Customer service representative when calling the. Contractor's Customer service telephone number during Office Hours without navigating an automated phone answering? system_ An automated voice mail servicer or phone answering system may be used when the office — both the Customer Service Office and thc Customer Service Center is closed. A Customer calling into the Customer service phone lines and placed on hold shall hear only messages that are applicable to Spokane Valley and not misleading to City Customers. 3.3.23 Corrective Measures Upon the receipt of Customer complaints in regard to busy signals or excessive delays in answering the telephone:, the City may request the Contractor submit a plan to the City to correct the problem. Once the City has approved the plan, the Contractor shall have sixty (60) rlays to implement the corrective measures, except during the transition and implementation period from one (1) month prior to thc Date of Commencement of Service, through the encs of the fourth month ;flier the Date of Commencement of Service, during which [he Contractor shall have one (1) week to implement c:orreetive measures Reasonable corrective measures shall be implemented without additional compensation to the Contractor. Failure to provide corrective measures shall result in possible performance fees for the Contractor. 33.2.6 Contractor Internet Website Cily of Spokane Valley 22 (',orrrpreti asivc Drop -box Container Collection Contract Waste Management of Washington, Inc.. December, 2017 The Contractor shall provide a searchable user-friendly interne( website: containing information specific to the Contractor's collection programs, material preparation requirements, available services and options, rates and fees,. inclement weather service changes, and other relevant service information for its Customers. The website shall include an e-mail function for Custorner cornrnunication with the Contractor, and the ability for Customers to submit service requests and manage their services on-line, Entailed. Customer service requests shall be answered within one business day of receipt. The website shall offer Customers the option to receive and pay their service bills on-line through a secured bill payment, system that enables Customers to make one-time or ongoing payments via credit card or checking/savings account at no extra charge. The website design shall be usability tested and [heir submitted for City approval a minimum of three months prior to the Date ofC.ommcrte:crnent of Service of this Contract, and then changes shall he subject to the City's prior approval throughout hout the term of this Contract. The website shall be functional for regular computers, tablets, and smart -phones or other similar mobile devices. Changes requested by the City shall be uploaded to the website within 48 hours of the time of the request. Changes requested by the City that are related to an emergency or time -sensitive situation (such as an inclement weather event, windstorm, or event preventing access to a Customer's regular place of container set -out) shall be uploaded to the website within four hours of the time ofrequest. The Contractor shall review the wcbsitc monthly, update as needed, and send entails of the updates to the City. Appropriate links shall be provided to the C:ity's website and the Contractor shall check monthly that all links (including both City and non -City) links are current- Upon City request, the Contractor ;hall provide a website utilization report indicating the usage of vKariou i ,Website pages and email option. 3.3,2.7 Full Knowledge of Garbage and Recyclables Programs Required The Contractor's Customer service representatives shall be frilly knowledgeable of all collection services in Spokane Valley available to Customers under this Contract. For new Customers, Customer service representatives shall explain all Garbage and Recyclables (for Multifamily Cortaple.x Customers), and collection options available and specific to the service see:tor the Customer requires. For existing Customers, the representatives shall explain new services and options, and resolve recycling issues (for lvinitifamily Complex Customers), collection concerns, missed pickups, Container deliveries, and other Customer corr erns. Customer service representatives wl gall he trained to inform Customers of Recyclablcs preparation specifications. City policy questions shall be immediately forwarded to the City for response. The Contractor's Customer service representatives Shall have immediate electronic access to Customer ucryice data and history. The Contractor shall provide the City with internal l customer service representative training and support information specific to the City to allow the City to review and C.hEPL:k information provided to customer service representatives and, in turn, provided to City Customers. Anv recisions to these materials shall be approved in writing (via e-mail) by the City prior to being used by customer sun,. ice representatives. UponCity request, the Contractor shall also provide the City with up to two phantom billing accounts representing various sectors to facilitate City monitoring of Customer communications and billing protocols. These phantom accounts shall be established in conjunction with the City, shall be accessible to the City, and managed as if the City were a normal Customer using these accounts. 3.3.2.8 Customer Communications Thu City and Contractor recognize than Customer preferences for their method of communication may change during the terra of this Contract and agree to adjust ctrstoincr service expectations to match City of Spokane Valley 23 December, 2017 Comprehensive Drop -box Container Collection Contract Waste Management of Washington, lire. Customer prefercnees. For example, if call traffic to the Contractor's tcicphonc-based call center reduces over One and is supplanted by an increase in texting, the Contractor shall shit staff resources accordingly to ensure high levels of customer service- The City and Contractor agree to review Contract requirements periodically and negotiate in good faith any desired improvements to the Contract service standards related to customer service delivery. 3.3.3 Customer Billing Responsibilities The Contractor shall be responsible for all billing functions related to the collection services required under this Contract. All Cus[omers shall he billed monthly. In no case shall a Customer's invoice he past due prior lc) Ih.e receipt of all services covered by the billing period, The Contractor's billing cycle parameters include, but are not limited [o the service period, invoice date, due date, late fee (late, reminder date(s), Container removal and stop -service date. "I'he City reserves the right to review and provide feedback on the bill template used by the Contractor as to format and design to ensure Customer satisfaction. The Contractor shall evaluate and may int rpc ra.tc tlic City's recommendations in good faith. Billing and accounting costs associated with Customer invoicing, including credit card tees, shall be borne by the Contractor, and are included in the service fees in Attachment B. The Contractor may bill to Customers late payments and "non -sufficient funds" check charges, as well as the costs ofbad deht collection, under policies and amounts that. have been previously approved in writing by the City. The Contractor shall offer paperless billing, including an autopay{electronic notification function that allows Customer to set up autopay and receive an e-mail or text notification of the; amount and draw date of the payment, without requiring the Customer to navigate to the Contractor's website to obtain that information. The Contractor shall be responsible for [hu following: • Generating Garbage and Recyelables (if applicable) billing for all Customers;. • Generating hills printed double -sided; • (Generating bills that iriclirelc al. a --minimum a statement indicating the Customer's current service level, current charggcs and payments, appropriate ta.xcs and tees, Customer service contact information and website information; • Generating bills that clearly state the datt.: at which late tees will he assessed for non-payment; • Generating bills that have sufficient space on the front of the bill for educational or informational inc.ssaging, as directed by the City; • Accepting automatic ongoing payments from Customers via debit or credit card, checking or savings account withdrawal, or by wire transfer- No transaction fees may be levied on any Customer payments; • Accepting, processing, and posting payment data each business day as applicable; • Accepting bill inserts for specific Customer sectors; • Maintaining a system to monitor Custonic r subscription levels and charge for additional services requested and delivered, This system shall maintain a Customer's historical account data for a City of Spokane VaIley 24 December, 2017 Comprehensive Drop -box Container Collection Contract Waste ? 1anag,e.m.ent of Washington, Inc. period of not less than six (6) years from the end of the fiscal year in attorclaticc with the City's record retention policy, and in a manner tliat is instantaneously accessible to Customer service representatives needing to refer to Customer service data and history; • Accepting and responding w Customer requests for service level changes, missed or inadequate collection services, and additional services; ■ Col [ecting unpaid charges from Customers for collection services; and • implementing rate changes as specified in Suction 4-3. `l'he Contractor shall be required to have procedures in place. to backup and minimize the potential for the loss or damage of the account servicing (e.g., Customer service, service levels, and billing history) database. TheContractor shall ensure that at a minimum a daily backup of the account servicing, database is made and stored ort -site- '[ he Contractor shall {else} provide the City with a copy of the account servicing database (excluding Customer financial information such as credit card or bank account numbers) sorted by Customer sector via a -mail, FTP site or electronic. media upon request- The City shall have unlimited rights to use such account servicing database: to mana.gc its solid waste program, including, but not limited to, developing targeted educational and outreach programs, analyzing service icvcl shifts or rate impacts, anclkir providing information to successor contractors. Upon seven (7) days 'written notice, the Contractor shall provide the City with a paper and/or electronic copy at the City's discretion of the requested Customer information and history, including but not limited to Customer names, service and mai ling addresses, conic:I in [urination,. service levels, and current amount. status, The City may, at its option, transition to a billing agent relationship with the Contractor where the Contractor shall bill City -specified rales to Customers for all services under this Contract on the (..'ity's behalf and then roccive, post and remit 1911 funds to a City-spcciticd account. The City shall then manage the receipts and pay the Contractor Contract rates, including or excluding the disposal cost component depending on whither the City elects to pay Garbage disposal fc :s directly to City's Disposal System. In tike event. that the City elects to shift. to a billing agent relationship, the City and Contractor agree to negotiate the terms of transition, direct payment of disposal fees to the City's Disposal System, inclusion of additional billed utilities and other items in good faith, provided that the Contractor's underlying compensation for Contract services, other than [ht disposal component., shall remain substantially the same, 3.3.4 Reporting The Contractor shall provide annual and ad hoc reports to the: City. The Contractor report formats may bt specified and reasonably modified from time to time at City request at no cost to the City, In addition, the Contractor shall allow City staff access to pertinent operations information related to compliance with the obligations of this Contract, .such as vehicle route: kissigrirncnt and maintenance logs, Garbage and/or Recyclables processing facility certified ICC/ weight slips, and Customer e:harges and .payments. 3.3,4,1. Annual Reports On an annual basis, by January 30th, the Contractor shall provide a report containing the fallowing information for the prcviOris year: City of Spokane Valley 25 Comprehensive Dmp-hoar Container Collection Contract Waste Management of Washington, , Inco December, 2017 1. A billing summary that provides the number of Customers billed at each service level (e.g. by container size, extra services) for each service sector (e.g., Multifamily Complex, Commercial Customers atrci Temporary Customer hauls by Container size), the total number of Customer's for each type of service by sector, Customer receipts by each service level, and total billings. 2. A log of all Customer complaints, including Customer name, property name and address, date of contact or site visit, reason fir site visit, results of Customer request, complaint, inquiry and/or site visit, Container sizes for various materials (e.g., Garbage or Recycling), frequency of collection for various materials before site visit and resulting changes after site visit, additional follow-up needed, follow-up conducted, results. offollow-up, and materials provided, 3. A summary of total Garbage and I ecyclables quantities eollecttcl (iii tons) for each collection sector, The summary shall include the names of facilities used for all materials and tonnage delivered to each facility. 4. A description of any vehicle accidents, infractions, leaks or spills. 5, A discussion of promotion, education, and outreach efforts, and aeeorplrshmentsfor each sector and plans for the coming year, 6. An inventory of current eolleetion vehicles and other major equipment, including model, year, make, serial or VIN number, assigned vehicle number, mileage (if vehicle), collection sector assigned to or used in, and maintenance history, including vehicle painting. 7. A list. of Multifamily Complexes for which the Contractor iscurrently providingGarbageservice and which are eligible for Rceyeling collection service, but not receiving service, with the results of required eoiiraci s made during the year to promote [he Recycling service to those complexes, including the reason way the Multifamily Complex k not receiving Recycling service. 8, 'Thou at least 30 days' written notice from the City (e.g., prior to December 1), a summary of Recyclab[es market prices. I.lpon written request, the City may require [hat the surmaiy of Recyclable. also include contamination levels and processing residues disposed as Garbage and a description of the methodology used to determine contamination or residual levels (e.g, sample loads .front an individual route truck, aggregate samples from all loads delivered to a facility, etc.). If Recycling collection vehicles am used to service more than one jurisdic[ion, [he Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting of collection volumes and quantities from the different jurisdictions, The apportioning methodology shall be subject to the prior review and written approval of the City, and shall be periodically verified through field testing by the Contractor. 3.3A.2 Ad Roc Reports The City may require spcciall7ed ad-hoc reports from [he Contractor at no additional cost to the City, provided that such reports do not require the Contractor to expend more than 20 staff hours each eaicndar year to complete, .1f ad hoc reporting requires over 20 hours in a particular calendar year, the Contractor may charge the City for additional staff time at a rate ot'$35 per hour, as adjusted annually by the same CPI modification adj ustment as set forth in Section /1,3.1. The Contractor shall inform the City of the cumulative total ol'hours expended, supported by a listing of staff names, date of work, work task and hours expended, upon the completion of each report requested by the City. 'These reports may include Customer service database tabulations to identify specific service level or participation patterns or other similar information. City of Spokane Valley 2G Comprehensive Drop -box Container Collection Conti -art Waste Management orWashington, as[iington, Inc. Dere.ml cr, 2017 Reports shall be provided in such format and with such software compatibility as reasonably may he specified by the City_ 3.3.4.3 Other Reports if requested by the City, the Contractor shall, provide daily route information for all service sectors and collection streams for the purpose of evaluating potential collection system changes during the: term of the Contract. Information receival by the City shall be subject to existing laws and regulations regarding disclosure, including the Public Disclosure Act, chapter 42,56 RCW° 3.3.5 Promotion and Ed uca tion °Che Contractor, at its own cost and at the direction and apprcival of the City, shall have primal,' responsibility for developing, designing, executing, and distributing public promotion, education, and outreach programs. The Contractor shall also provide at its cost annual service-oriented information and outreach to Custoiners, distribution of City -developed promotional and educational pieces at the City's direction,. and implementation of on-going rccycfn.g promotions, education, and outreach programs at the direction of the City. All written materials, Customer surveys and other g;crien l communications provided to Customers by the Contractor shall be approval in advance by the City. Each September, the City and Contractor shall jointly plan the Contractor's specific promotion and education program liar the following year, including adjustments in materials and/or targeted audiences, as consistent with the City's solid waste management plan. The Contractor shalt contact, at the City's request, the manager or owner of Multifamily Complex sites to which it provides Drop -box Container service to encourage De -cycling participation, address concerns, space or contamination problems, provide outreach to residents, and inform the manager or owner of all available services and ways to decrease Garbage generation_ The Contractor shall coordinate and work cooperatively with City staf1'andhpr consultants hired to conduct outrcacli and education, and provide technical assistance. Any additional promotional, educational, and informational materials provided by the Contractor to Customers in connection with the Contract shall be designed, developed, printed, and delivered by tete Contractor, at the Contractor's cost; and subject to the City's final written approval as to form, cc -intent, and method of delivery. The City shall review and approve: all materials and a minimum of a two weeks City review period shall be provided in all cases by the Contractor to allow sufficient time for City review and approval. 3.3.6 Transition to Next Contractor The Contractor shall work with the City and any successive contractor in good faith to ensure minimal Customer disruption during the transition period from the City's previows contractor to the City's new Contractor_ Container removal and replacement shall be coordinated between the Contractor and a successive contractor to taxur simultaneously in order to minimize C'ustLJucr inconvenience. The Contractor shall remove any Containers for all services or any portion of services provided Guider this Contract upon sixty (60) days written notice from the City. The Contractor shall provide a detailed Customer list in an electronic format acceptable to the City,. including Customer name, contact information (i.e., telephone number and c-inail address, if available), service address, mailing address, collection service levels and frequencies, and Container rental service levels to the successive contractor within seven (7) days of initial request by lc City. City ofSpnlcane Valley 27 C'ompr-eheii ive Drop -box Container Collection Contract Waste Management of Washington, Inc. December, 2017 Failure to fully comply with this Section 3.3.6 shall result in the forfeiture of the Contractor's performance bond, at the City's discretion. 4. COIYIPENSATION 4.1 Compensation to the Contractor 4.1.1 Rates The Contrac;lor shall be responsible for billing and collecting funds from Customers in accordance with the charges for services listed in Attachment B. The Contractor may reduce or waive at its option, but shall nol exceed, the charges listed in Attachment B. These payments shall comprise the entire compensation due to the Contractor. In the event that a Customer places Excluded Materials in a Container, and the Contractor collects those materials inadvertently and incurs extraordinary expenses dealing with those materials, the Contractor may charge the Customer the acetal costs of managing those materials, as approved by the City, which approval shall nol be unreasonably withheld or delayed- Actual costs shall include additional transportation, handling; and disposal costs incurred by the Contractor for handling„ only those specific materials traceable to that Customer, The City is not required under this Contract to make any payments to the Contractor for services performed, or for any other reason,. except as specifically described in this Contract, or for .services the City obtains as a Customer. In the event that the Contractor or Customer desires Drop -box. Container -related services not specifically addressed in this Contract, the Contractor shall propose service parameters and a rate to the City in writing, based on the average of surrounding WUTC tariffs if such service. is addressed in current tariffs. Upon the City Manager's written approval, the Contractor may provide the requested services. In no case shall the Contractor provide unauthorized services or charge unauthorized rates. The City Manager may, at his or her sole discretion, determine whether to bring the proposed services and rates to the City Council for approval. 4.1.2 Itemization on Invoices Except as otherwise provided in this Contract, all applicable City, County, and Washington State solid waste or household hazardous waste taxes or fees, utility taxes, and (if allowed under the last paragraph of Section f1-1..2) sales taxes shall be itemized separately on. Customer invoices and added to the charges listed in Attachment. 13, except that the City Administrative Fees shall be included in Attachment 13 rates and shall not be itemized separately on Customer invoices. AllReeyclablcs Container costs, collection costs, and revenues are included in the Multifamily Complex Recycling Surcharge subscription rates listed in Attachment B. Charges for all services listed on Attachment B shall be itemized on the Customer invoices separately by the Contractor, and may at no time exceed the charges set forth in Attachment B. The City's disposal fee as it exists on the date of execution or as thereafter modified shall also be itemized separately on Customer invoices with charges Ibr Drop -box Container serviec. The Contractor shall charge Drop -box Customers the actual disposal cost without mark-up. City of Spokane Valley 28 Comprehensive Drop -box Container Collection Contract Waste Management of Washington, inc. December, 2017 111e Contractor shall not separately charge sales tax for services that include any Container as part of the overall service package such as Multifamily Complex Recycling collection. Only Services that separate and itemize optional container rental (specifically Drop -box Container rental) shall have sales tax charged and listcc] ori Customer invoices. The Contractee- shall pay appropriate sales tax upon purehasc of all equipment and Containers, and those costs arc included in the rates provided in Attachment B. In no case shall Customers be separately charged sales taxes paid by the (Thri1.r ctc►i' ori its equipment and Containers. 4.2 Compensation to the City At the option of the City and upon 90 days written notice, the Contractor shall pay to the City an Administrative' Fee on or before the last working day of each month during the remaining term of this Contract.. The Administrative Fee shall be based on the gross receipts ret eived by the Contractor from Customers under this Contract fbr the prior month's receipts, excluding Drop -box disposal fees. Caleulai.ion of gross receipts shall not include an Administrative Fee collected from. Customers. When providing notice to begin the Administrative Fce, the City shall set the initial Administrative Fee rate, The Adininistrati,ve Fee shall be assessed as a percentage of gross receipts received by the Contractor from those Customers since the last Administrative Fee payment period, consistent with the administrative ret calculations shown in Attachment D. The Contractor's obligations to pity the Administrative Fee shall extend past the termination date of this Contract until the Contractor is no longer receiving payments from Customers for services provided under this Contract The rates included in Attachment B, as modified during the term of this Contract, include the Administrative Fee, and Customers shall not be separately charged an itemized Administrative Fee. Attachment I7 contains an example of how the Administrative Fcc is included in rates, and lists the Contractor's service rate, the City's share of the retail rate, the State excise tax associated with the Administrative Fee, and the combined retail rate, Any adjustments to the Administrative Fee rate shall be calculated in a nlanncr consistent with the example shown in Attachment D. The C:onta•actor shall fully parlicipate with any City billing audit to confirm the Contractor's Customer receipts during any accounting period during the term of the Contract The audit shall be confined to confirming Customer billing rates, Contractor receipts for services provided under this Contract and bad debt recoveiy. The Administrative Fee may be changed by the City in any year, provided that the change is synchronized with the annual Contractor rate modification described in Section 3.3. The City shall notify the Contactor of the new Administrative Fee for the following year by August l', and the Cuniract,oi' shall itemize and include the appropriate adjustment in its Rate Adjustment Statement provided September ls" of each year. In the event that the Administrative Fee is adjusted, either up or dnww^n, the Contractor shall add or subtract an amount equivalent to tlic qiate excise tax, as may be adiusted fi'orn time to time by the State of Washington. En addition, the Contractor shall he responsible for payment of all applicable permits, licenses, fees and taxes as described in Section 7..10, Permits and Licenses_ 4.3 Compensation Adjustments 4.3.1 Annual 0111 Modification The Contractor's collection service charges and miscellaneous tees and Contract options eunlained in Attachment B, excluding waste disposal fees, for each level of service shall increase or decrease each year by 90% of the annual percentage change in the average CPI for the 12 month period July through June City of Spokane Valley 24 Comprehensive Drop -box (oritaiti4:r C:allcctinn Contract \'V* ste lrl insr4erneri1 of Washington, Inc. "Wernher, 2017 30 of the calendar year the adjustment becomes effective as compared to the CPI average for the preceding 12 -month period and multiplying the result by the l}mcn ,applicable service charges and miscellaneous fres. Such increase.; or itecrcases are considered Smart of this Contract that occur automatically on an annual bask and shall not require additional City Council approval; provided such incrre,asc., or decreases are subject to City NVr4: V find verification as Set forth below for the amount of such increase crr Lie: Tense. Adjustments to the Contraci.{:fir's collection service charge shall he made in units of one cent (0.01). Fractions less than one cent (S0.01) shall not be considered when making adjustments. Rules shall be adjusted annually, beginning December 1, 2018.'I'he Contractor shall submit in writing and electronic form to the City for review and verification a late Adjustment Statetncnt, calculating the new rates for the next year, on or by September 1" of each year; starting September 1, 2018. The City shall review and provide comment as to any errors with the calculations, by September 1511` of each year. in [he event that the Contractor- dues not submit a Rate Adjustnment. Statement by September 1", the City shalt calculate and unilaterally implement a rate adjustment based on the best available information tis of September l" of that year for the applicable: period, and the Contractor shall !eke the right to appeal this action. Absent City notification and subsequent remedy of errors, the new rates shall take effect on December 1" of that. year. Contractor shall notify Customers of the impending rate adjustment by October 1511, at least. 45 days prior to the new rate going into effect. Should ratepayers not receive notification hy October 15t, due to missal deadlines by the Contractor, implementation of the new rates shall be delayed by one month without opportunity for recovery of lost revenue. An example of tate: adjustments due to C:rnsutncr Price Index changes is provided in Attachment 1_ 4.3.2 Changes in Disposal Processing Sites ]fthe Contractor is required by the City orother governmental authority to use a Garbage disposal site other than those being used at the initiation of this Contract, the Contractor shall submit a detailed proposal, inc[uding full disclosure of relevant cost impacts, for the adjustment of the rates to reflect any additional cost or savings to the Contractor. The Cnnt.wtor's rates pursuant to this Contract in such a case shall be adjusted so as to pass through any resulting additional costs inclined by or savings Lo the Contractor. The City and Contractor agree to negotiate ht good faith and to make any changes to the rates to accomplish a pass l}7risu .}7 of any such costs or savings_ 4.3.3 Other Modifications Except as otherwise expressly provided for by this Contract, Contractor shall not adjust or modify the rates charged to Customers above the rates set forth in Attachment B due to employee wage increases, changes in commodity prices for Recyclables, or other changes ;la:cling the collection system. In the event that unforeseen temporary market failure prevents or precludes compliance with the requirements of Section 3.1.10, the Contractor inay request a temporary adjustment or other relief from the requirements of that. Section 3. E .10. The City may request any and all documentation and data reasonably necessary to evaluate such request by the Contractor, and may retain, at its own expense, an independent third party to audit and review such documentation and such request. If such third party is retained, the City shall take reasonable steps, consistent with State law, to protect tbc conildcntial or proprietary nature of any data or information supplied by the Contractor. Ilan unforeseen market failure persists tr.iorc than nine months, the Parties agree to engage in good faith negotiations to determine a mutually acceptable course of action, including but not limited to eliminating City of Spokane Valley 30 Comprehensive Drop -box Container Collection Contract Waste Management of Washington, Inc.. December, 2017 the materials from the list of Recyclables, changing Customer preparation requirements, or any other mutually-ragrccable solution. The City shall review the Contractor's request within 120 days of receipt. (Upon the City's review of the Contractor's request, the City shall approve or deny the request, at its sole discretion. 4.3.3.1 New or Changes in Existing Taxes If new City, County, Washington State, or Federal taxes are imposed, or the rates of existing taxes are clanged after the Date of Execution of this Contract, and the impact of'these changes results in material increases or decreases in annual Contractor costs, the Contractor and City shall enter into good faith n4 ltial.rons to deterrnine whether compensation adjustments arc appropriate and if so, to determine the amount and the method of adjustment, In the event that road or bridge tolls are implemented that affect the Contractor's operations under this Contract, the City and Contractor agree to enter into good faith negotiations to. adjust compensation a tc:ordingly. 4.3.3.2 Changes in Service Provision lit the event that either the Contractor or City propose any changes in how Contract Serviecs arc provided that nnitcri;tlly reduce Contractor costs, the Contractor shall promptly notify the City in writing of such reduced costs and expected Customer impacts. If the City reasonably believes that the changes will result ill ;err adverse effect on City Customers, the City may, at its sole option, reject the proposed change. Otherwise, the Contractor and City sha11 mutually agree on how to split the savings between the Contractor and Customer to reflect any potential net decrease in Customer convenience clue to the change. 4.4 Change in Law In the event there are changes in federal, Stare, or local laws or'r'epuLations which result in material increases or decreases in annual Contractor costs, the Contractor and City shall enter i No good faith negotiations to determine whether compensation adjustments are appropriate, and if so, to determine the amount and the method of adjustment.. 117 the City requires review of financial or other proprietary information in conducting its rate review, at the request of the Contractor, the City shall retain a third -party to review such information at the City's expense, and shall take such other steps as are reasonably feasible and appropriate to protect the confidential nature of Contractor's documents. This section shall not require the City to approve any compensation adjustment. 5. FAILURE TO PERFORM, REM [DIES, TERMIN N T'he City expects high Levels of Customer service and collection service provision- Performance failures shall he discouraged, to the extent possible, through specific performance fees for certain infi-aetions and through Contract default for more serious lapses in service provision. Section 5,1 details infractions subject to performance fees, and Section 5.2 details deDtult provisions and procedures, 5.1 Performance Fees The City reserve the right to make periodic, unscheduled inspection visits or review of Contractor's activities to determine the Contractor's complianec with the provisions and requirements of this Contract, Suet' inspections or review are not required to be based upon any formal complaint or notification. In the event that the City's inspection reveals that the Contractor has failed to satisfactorily perform any duties of City of Spokane Valley 3l Comprehensive Drop -box Container C4Illection Coniraaci Waste Management of Washington, inc. December, 2017 Chis Cont.ract, the City shall present a documented incident report to the Contractor detailing such unsatisfactory performance. The Contractor and the City agree that upon receiving such report, the Conta-aaetor shall pay the following dollar amounts, not as a penalty, but as performance fees for failure to satisfactorily perform its duties under this Contract. The City and the Con[ractor agree that the City's damages would be difficult to prove in any litigation, and that these dollar ;irnounts are a reasonable estimate of the damages sustained by the City RS a result of the Contractors failure to satisfactorily perform its duties under this Contract, Performance fees shall consist of the following, as well as those set forth in Section 3.1,1£6 City of Spokane Valley 32 Cvoinprehcaasivc Drop -box Container C cfllec1[ n Coll inlet Waste Management of Washington, inc. December, 2017 Action or Omission Performance fees Collection before or after the tunes specified in Section .31 .1, except as expressly permitted in writing. $500 per incident (each vehicle on each route is a separate. incident). 2 Repetition of complaints after notification, including, but not limited to, failure to replace Containers in designated ' locations, spilling,, not dosing gates, not replacing Lids, crossing planted areas, or similar violations. $50 per incident, not to exceed $5,000 per vehicle per day. 3 Failure to promptly clean-up or collect leaked or spilled materials after notification by the City_ Twice the cost of cleanup to the City, plus VCOl per incident. 4 Repeated leakage or spillage from Contractor vehicles or of vehicle contents. wafter City notification to the Contractor of the problem. $500 per v ehi4..14;- ]i2 inspection, plus c:lcran-up costs. Failure to replace a leaking Container within one business flay of notif€cation_ $250 per incident_ and then $] 00 per day that the Container is not replaced. G Failure to collect materials within the time periods specified within the Contract $100 per incident to a maximum of $5,000 per vehiel : per day, Rejection of Garbage or Recyclables without providing documentation to the Customer of the reason for rejection. $100 per incident_ Failure to deliver Containers within three days of request to Customers requesting service after the Date: of Commencement of Service. $100 per incident. 10 Material misrepresentation by Contractors in records or reporting, as determined by the City or upon a series of misrepresentations when the: Contractor. has failed to provide correct and accurate records. or reporting. $5,000per incident. 1 1. Failure to provide the re uired annual re ort on time. $500 per day past deadline. 12 Failure to maintain clean, sanitary and properly painted Containers, vehicles and facilities. $50 per incident, up to maximum of $1,000 per inspection. 13 Collection of Recyclables in a vehicle placarded for Garbage collection without the express written permission of tlic City. $2,000 per veliiele, per incident. 14 Failure to meet Customer service answer and on -hold time performance requirements. $.]00 per day. 15Failure to meet the service and performance standards. lista] in Section 3.2 of this Contract fbr a period of two consecutive months. 5250 per day until the service standards listed in Section 3.2 are met for 10 consecutive business days. City of Spokane Valley 32 Cvoinprehcaasivc Drop -box Container C cfllec1[ n Coll inlet Waste Management of Washington, inc. December, 2017 Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract, and Clic City reserves the right to exercise any and all remedies it may have with respect to those and other violations and breaches_ The performance fees schedule set fcrrtl7 here shall not affect the City's ability to terminate this Contract as described in Suction 5.2_ Performance fees, it' assessed during a given month, shall be invoiced in writing by the City to the Contractor. The City shall notify the Contractor of an assessment of performance fees within 30 clays of the City becoming aware of the violation. 'l'he Cunt raetor shall he required to pay the City the invoiced amount within 30 days of billing. Failure to pay performance fees shall be eonsidcred. a breach of this Contract, and shall accrue penalty charges of 8.0% of the amount of any delinquent payments. Any performance fees assessed against the Contractor may be appealed by the Contractor to the City within 10 days of being invoiced for assessed performance fees. 'l'he Contractor shall be allowed to present evidence as to why the amount of the assessed performance fees should be lessened or eliminated including the provision of incorrect information provided by a previous contractor for contract failures during the initial transition period_ The City reserves the right to waive any performance fee_ The decision of the City shall be final. 5.2 Contract Default The Contractor shall he in default of this Contract if it abandons or violates any portion or provision of this Contract, fails to fully and promptly comply with all its obligations, or fails to give any. satisfactory reason for noncompliance. in addition, the Contractor shall he in default of the Contract should, including but not limited to, any of the following occur: 1. The Contractor fails to commence the collection of Garbage and Rccyclabl.es, or fails to provide any portion of service under the Contract on the Trite of Commencement of Service, nr for a period of ;nom than five consecutive collection days at any time during the term of this Contract except as provided pursuant to Section 3.1.16 (labor disruption) nr Section 7.15 (force majcurc); 2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license required by the City, County, or any federal, State, or other regulatory body- in order to collect materials under this Cc}z,lr;,e1, or comply with environmental standards and regulations applicable to services provided under this Contract; 3. The Contractor's noncompliance creates a hazard to public health or safety or the ctivironnient. City of Spi kane Valley 33 Com prrehens ive Drop- box C.:ontainer Collection Contract Waste Management of Washington, Inc. December, 2017 Action or Omission Performance fees 16 Failure to properly use an authorized switchable placard or nameplates as described in Section 3.1.13. $IOO per placard per vehicle per day. 17 Inability to reach the Contractor's staff via the emergency telephone number vertthin one hour of the City becoming aware of the event giving rise to the call. $.500 per incident. 18 The use of outdated, 01. unauthorized s[ickers, or lack of required stickers on Contractor-provicicd. Containers_ $50 per Con[xiurcr. 19 Failure to have Correct rales for all Customer sectors and service levels listed on the Contractor's website. $250 per day, with no maximum. Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract, and Clic City reserves the right to exercise any and all remedies it may have with respect to those and other violations and breaches_ The performance fees schedule set fcrrtl7 here shall not affect the City's ability to terminate this Contract as described in Suction 5.2_ Performance fees, it' assessed during a given month, shall be invoiced in writing by the City to the Contractor. The City shall notify the Contractor of an assessment of performance fees within 30 clays of the City becoming aware of the violation. 'l'he Cunt raetor shall he required to pay the City the invoiced amount within 30 days of billing. Failure to pay performance fees shall be eonsidcred. a breach of this Contract, and shall accrue penalty charges of 8.0% of the amount of any delinquent payments. Any performance fees assessed against the Contractor may be appealed by the Contractor to the City within 10 days of being invoiced for assessed performance fees. 'l'he Contractor shall be allowed to present evidence as to why the amount of the assessed performance fees should be lessened or eliminated including the provision of incorrect information provided by a previous contractor for contract failures during the initial transition period_ The City reserves the right to waive any performance fee_ The decision of the City shall be final. 5.2 Contract Default The Contractor shall he in default of this Contract if it abandons or violates any portion or provision of this Contract, fails to fully and promptly comply with all its obligations, or fails to give any. satisfactory reason for noncompliance. in addition, the Contractor shall he in default of the Contract should, including but not limited to, any of the following occur: 1. The Contractor fails to commence the collection of Garbage and Rccyclabl.es, or fails to provide any portion of service under the Contract on the Trite of Commencement of Service, nr for a period of ;nom than five consecutive collection days at any time during the term of this Contract except as provided pursuant to Section 3.1.16 (labor disruption) nr Section 7.15 (force majcurc); 2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license required by the City, County, or any federal, State, or other regulatory body- in order to collect materials under this Cc}z,lr;,e1, or comply with environmental standards and regulations applicable to services provided under this Contract; 3. The Contractor's noncompliance creates a hazard to public health or safety or the ctivironnient. City of Spi kane Valley 33 Com prrehens ive Drop- box C.:ontainer Collection Contract Waste Management of Washington, Inc. December, 2017 �1. 'l'he Contractor causes uncontaminated Recyclables to be disposed of in any way, such as in a landfill or incinerated at an incinerator or energy recovery facility, without the prior written permission of the City; 5, The Contractor fails to make any required payment to the City, as specified in this Contract 6. The Contractor is assessed performance foes in excess of $5,000.00 during any consecutive six month period; or 7. The Contractor fails to resume full service to Customers within t.wcnty-one days following the initiation of a labor disruption pursuant to Section 3.1, [ 6. `['he City reserves the right to pursue any remedy available at Law or in equity for any default by the Contractor. in the event of default, the City whall give the Contractor 10 days prior vwtril.tcn notice of its determination of a default, intent to exercise its rights, stating the reasons for such action; and the period for the Contractor 1.o erre the default. In the event no euro period is specified in such notices, the. erne period shall be 1 0 day from the date of the notice, If an emergency arises that does not allow 10 days prior written notice, the City shall immediately notify the Contractor (Zits intent to exercise its rights immediately. lithe Contractor cures the stated reason within the stated cure period, or initiates efforts satisfactory to the City to remedy 1.1]e suited reason and the efforts. continue in good faith, the City may opt to not exercise its rights for the particular default.. Utile Contractor fii [s to cure the stated reason within the stated period, or does not undertake efforts satisfactor4. to the (_: i[ , [;_ remedy the stated reason, then the City may at its option terminate this Contract. `i'lak: k:il'•' s7 ;c.'.;[ .',once of termination to the Contractor and surety on the Contractor's performance bond. Upon receipt of such notice, the t ontarietor agrees that it shall promptly discontinue the services provided under this Contract, The surety of the Contractor's performance hond may, at its option, within 10 days from such written notice, assume the services provided under this Contract that the City has ordered discontinued and proceed to perform same, at its sole cos[ arid expense, in compliance with the terms and conditions of the Contract, and all documents incorporated herein. In the event that the surety, on the Contractor's performance hond fails to exercise its option ilhin tlic 10 day period, the City ]7721\' [:C11t1111t:tc the services provided under this Contract or 2nv part thereof, either through contract with 'other part,. or any other means. The City shall be entitled to recovcl. from the Contractor and the surety on the Contractor's performance bond is damages all expenses incurred, including reasonable attorney's fees, together wit11 al] such additional sums as may be ii stifiry to complete the services provided under this Contract; together With any further damages sustained or to be sustained by the: City. Ef City employees provide Garbage or Recyclables collection, the actual incremental costs of City labor, overhead, and administration shall serve as the basis for a charge to the Contractor and the surety on the Contractor's performance bond. fi, NOTICES All notices required or contemplated }.y this Contract shall be in writing and personally served or mailed (postage -prepaid and return receipt requested), addressed to the parties as follows, or as amended by the City: City of Spokane Valley 34 Comprehensive Drop -box Container Collection C:ontrsrct Waste Mairiagement of Washington, Inc. December, 2017 To City: °I'o Contractor: 7. GENERAL TERMS 7.1 Collection Right City Manager C I sit Spr.kane Valley 10210 Last Sprague Avenue Spokane Valley, WA 99206 Public Sector Solutions Director Waste Management of Washington, Inc. 720 4`I' Avenue, Suite 400 Kirkland, WA 98033 Public Sector Manager Waste Management 11321 E Indiana Avenue Spokane Valley, WA, 99206 The Contractor shall be one crf the iwar non-exclusive providers contracted by the City to collect Garbage in Drop -box Containers and lvlultitarni] • Complex Rec:ycJabies from Multifamily Complex Customers that utilize Drop -box Containers for primary C ni i-bagc service within the City Service Area; provided that in the event of an otrcial declaration of emergency by the City and where the existing Contractors cannot provide sufficient service to meet necessary immediate public health, safety, and welfare needs due to the emergency event, the City may acquire similar services solely to meet the immediate public health, safety and welfare needs of the community. Collection of Drop -box Garbage and, as may he applicable, RecyclabEes, shall occur solely in aaucorxlance with the terms ofth is Contract. No other collection rights are othr rwisc authorized unless specifically granted by the City. Thu City shall not be obligated to join or instigate litigation to protect the right of the Contractor. This Contract provision shall not apply to Garbage or Re w L ]nb!L s self -hauled by the generator; to Source - separated materials hauled by common or private carrier (including drop-off recycling sites); tau C&t) Waste hauled by self -haulers or construction or demolition con 1ilKtors in the normal course of their business; to Yard Debris generated and hauled by privaic landscaping services; or to non-residential Compc}stablc_s hauled by common or private carriers. The Contractor shall retain the right and cover all costs to dispose of or process and market Ilic Garbage arnd/or Rccyrclalales once these materials are placed in. Contr-aaet r -provided Containers. The Contractor- shall retain revenues gained from the sale of Rccyelablcs.. t,ikewise, a tipping or acceptance fee charged Jr'c Reeyelables shall be tlrc financial responsibility of the Contractor. 7.2 Access to Records The Contractor shall maintain in its local office full and complete operations, Customer, financial, and crvicc records related to the Contractor's performance under tlr iS Contract- These records shall be available upon reasonable notice for inspection and copying fbr any reasonable purpose by the City. In addition, l.he Contractor sh.t11, during the Contract term, and at least seven years hereafter; maintain. in an office in Spokane County reporting records and billing records pertaining to the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting the Contractor's services provided under this Contract. 'Those Contractor's aceOuuts shall inclardc, hut shall not be limited to, all records, City of Spokane Valley 35 December, 2017 Comprehensive Drop -box Container CoTlectiun Contract Waste Management of Washington, Inc. invoices, and payments under the Contract, as adjusted for additional and deleted services provided under this Contact. The City shall he allowed access to these records for audit and review purposes, subject to the same protections of the Contractor's financial or other proprietary information set forth in Section 4.4. The Contractor shall snake available copies of certified weight slips for Garbage and Rccyclables on request within 10 business days of the; request. The weight slips may he requested for any period during the, term of this Contract.. 7.3 insurance The Contractor shall procure and maintain insurance, as required in this Section, without interruption from corninenecntcnt of the Contractor's work through the terra of the contract and lo,r thirty (30) days after the Physical Completion date, unless otherwise indicated herein. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 7.3.1 Militia' Intl Scope Of insurance Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise fi.om or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, or sxrbt:ontactors- Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on ]insurance Services Ot'lice (ISO) form CA 00 01 or a substitute form providing equivalent liability overage and including Pollution coverage related to transport cargo. 2. Commercial general liability insurance shall be at least as broad as IS() occurrence form CG 00 01 and shall cover liability arising. from premises, operations, independent contraetors, and personal injury, and advertising injury. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse, or underground property damage. City shall be named as an additional. insured under Contractor's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at. least as broad as 150 (20 20 26.. 3. Workers' compensation coverage as required by the industrial insurance laws of the State or Washington. 4.Contractor's Pollution Legal Liability insurance coverage (claims -made Corm) covering any claim for bodily injury, personal injury, property' damage, cleanup costs, and legal defense expenses applying to all work performed under the [Contract, including that related to to snsported cargo. Contractorwarrants that any retroactive date applicable to coverage under the policy precedes the cffecti c cl ai. s.} is Col r,, or; and that the continuous coverage shall be maintarrrcd or an extended discovery period I he exerci:cd fora period of'three years beginning from the date services under this Contract atrc LL: nr.,ruilcd. The City shall be named by endorsement as an additional insured 011 the Contractor's Pollution Legal Liability insurance policy. City of Spokane Valley 36 Comprehensive Drop -box Container Collection Contract Waste Management of Washington, Inc. December, 2017 5- Commercial Umbrella Liability insurance (not "excess only" Umbrella Liability Insurance). This Umbrella liability [nsurance shall apply above, and beat least as broad in. coverage scope, as the Contractor's Comm..ercial General Liability and Automobile Liability Inscrraance. 7.3.2 Minimum Amounts of Insurance Contractor spall maintain the th[Iowing insurance limits: 1. Ainomobile liability insurance with a minimum combined single limit for bodily injury and property damage of no Tess Ihau $1,000,000 per accident, 2. Commercial general liability insurance shall be written with limits. no less than $1,00(1.000 for each occurrence, $2,000,000 for general aggregate, and $2,O{}O,OOO products eumplei.ed operations aggregate lirnit.. 3. Employer's Liability, $ [,000,0{}O per occurrence. 11- Contractor's Pollution Legal Liability insurance shall be written with limits of $5,000,000 each incident. 5. Commercial Umbrella Liability insurance shall be written with limits of $5,000,00 each occurrence. 7.3.3 Other Insurance Provisions As respects the services provided by Contractor under this Contract, the policies are to contain, or be endorsed to contain, the following provisions for all except workers' compensation: 1, Contractor's insurance coverage shall be primary insurance with respect to [he City, Any insurance, self-insurance., or insurance pool coverage maintained by City shall be in excess of Contractor's insurance and shall not contribu[e with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice t 7ithin five business days of receipt. by Contractor. 3. if Contractor maintains higher insurance limits than the minimums shown above, City shall be included as an additional incur :d for the full available limits of commercial. general and excess, pollution, or umbrella liability maintained by Con[ratctor, irrespective of whether such [imits maintained by Contractor are } -calor than those required by this Contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of the Contract, upon which the City may, after giving at least five business dar.,` notice to Contractor to correct the breach, immediately terminate the Contract, or at its sole discretion, procure such insurance and pay any and all premiums in connection therewith, with airxy sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds duc Contractor from the City. 7.3.4 Acceptability of Insurers City oaf Spokane 37 Comprehensive Drop -box Container CO1]ec[iun Contract Waste Management of Wamhington, Decenther, 2017 Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN11. 7.3.5 Verification of Coverage As evidence of the insurance coverages required by this Contract, Contractor shall furnish aceeptable insurance certificates to the City Clerk by March 15, 2018, which shall become Attachment E. The certificate shall specify all of the parties who are additional insureds, and shall include applicable. policy endorsements, Insuring companies or entities ars; subject. to City acceptance. To the extent alloyed or required by law and upon the request of the City, complete copies of insurance policies shall be provided to City. Contractor shall he financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 7.3.6 ,Subcontractors The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contactor shall ensure that the City is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement at leas[ as broad as iSC) Additional Insured endorsement. 20 26 07 Del_ 7.3.7 Ar.CC1RI1 Form If an ",CORD" farm of Certificate of Insurance is provided to the Cita. pursuant to this section, it must include the folluving; Wording to be added in the Description Section - "Should any of the above described policies be canceled, before the expiration date thereof, thirty (30) days advanee notice shall be mailed to the City of Spokane Valley." 7.4 Pcrformience Bond The Contractor shall provide and maintain at all times a valid Contractor's Performance Bond or bonds, letter of credit, or other similar instrument on the City's bond forms in the amount of $10,00(}.00, The Contractor's Performance Bond shall be provided to the: City no later than lvlarch 15, 2018. The: bond, letter of credit, or other similar instrument shall be issued for the term of the Contract, unless otherwise approved in writing by the City, In the event a band, letter of credit, or other similar instrument is approved for a period shorter than the term of the Contraei, (ire Contractor shall provide such new bond, letter of credit, or similar instrument, and evidence satisfactory to the City of its renewability, no less than 60 calendar days prior to the expiration of the original bond, letter of credit, or other similar instrument theti in effect. The City shall have the riglr( to dill the original bond, letter of credit, or other similar instrument in full in the event its renewal is not confirmed prior to five calendar days hcfi re. its expiration. 7.5 Tnderniiitication Contractor shall, at its sole expense, defend, indemnify+,. and holed harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries; and damages of any rra(tirc whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Contractor, Contractor's agents, City of Spokane Valley 38 Comprehensive 1)n p-hox Container Collection Contract Waste Management of Washington, Inc, December, 2017 subcontractors, suhconsultants, and employees arising out of this Contract 1s r the fullest extent permitted by law, subject only to the limilations provided below_ Contractor's duty to defend, indemnify, and hold City harmless shalt not apply to liability for damages arising out of such services caused by or resulting from the sole negligence tsf' City or City's agents or employees pursuant to RCW 4.24.115. Contractor's duty to defend, indemnify, and hold City harmless against liability for damages arising out of such services caused by the concur rent negligence of (a) City or City's agents or employees, and (h) Contractor, Contractor's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractor's, subconsultants, and employees, Contractor's duty to defend, indemnify, and hold City harmless shall include, as to all claims, demands, fosses, and liability to which it. applies, City's personnel -related costs, reasonable attorneys' fees, the reasonable value of sny services rendered by the office of the City Attorney, outside consultant costs, court costs, tees for collection, and all other claim -related expenses. Contractor specifically and expressly waives any immunity that may he 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, competrsation, or benefits payable to or for any third party under workers' eornpcn ai.ion acts_ disability benefit acts" or other employee benefits acts. Provided, that. Contractor's waiver of 1111111ur1ity under this provision extctrds only to claims against Contractor by City, and does not include, or extend 1o_ ;illy claims by Contractor's employees diree:tly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 7.6 Cugif'identiallity of Information 1. The Parties agree that all records of the Contractor and of'the City which are related to this Contract and the services provided hereunder and which are prepared, owned, used, or retained by the City are public records under lite 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 Ai. t. The City shall, if po's'sible" notify the Contractor before any disclosure, and provide the Contractor an opportunity to intervene through judicial process to resist release of such recor'd's. 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 record. 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. 2. All reports, educational materials, and other rceords prepared by the Contr.lctor and provided to the City pursuant to this Contract arc and shall be t]ic property of the City and shalt !:1,' Abjei t to diselosui c pursuant to ciraptc:r 42.56 RC r r other applicable public records laws. The writ'. !napped, plrotographi,c, or visual documents prepared by Contractor under this Contract and pro\ d.,;(i t: 'Jie City shall, unless otherwise provided, he 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 thc form of computer files, for the City's use. The City shall have unrestricted authority to pub]ish, i isclisc., distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other material prepared under this Contract that Contractor provides to the City pursuant to this Contractor; provided City shall not publish, disclose, or distribute any financial information without prior notice to City of Spokane Valley 39 December, 2017 Comprehensive Drop -box Container Collection Contract Waste Management of Washington, inc. Contractor of its intent to do so or without. providing the Contractor an oppo'rlunity to intervene through judicial process to resist release of such records; and provider further that Contractor shall have n.o liability for the use of C. ont.ractor's work product outside of the scope of its intended purpose. Notwithstanding the foregoing, any Contractor confidential and proprietary information shall be excluded from this Section to the extent allowed by law. 3. 'I`he City, oras 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 aLI matters that are directly related to and cover :d in this Contract and are required to be provided by Contractor to the City- or to support lc adjustments under Section 4. 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 Contract, provided that such representatives shall hold such matters in strictest confidence and not disclose them cxecpt in accordance with the limitations on disclosure set forth in this Section 7.6. Contractor may request an independent third -party accountant or other professional to review any document that it believes is not directly gelated to this Agreement. In the even( t e independent third - party deter mines a document is not. directly related to this Agreement, such document shall not be subject to review by the City or State Auditor. 4. Contractor may, from time to time, receive infortualion which the City designates in writing to he confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 7.7 Assignment of Contract 7.7.1 Assignment or Pledge of Money by the Contractor The Contractor shall not assign or pledge any oI' the money due under this Conte -act, without securing the prior written approval of the surety of the Contractor's performance bond artd providing at least 30 callcridar- days prior written notice to the City of such assignment or pledge together with a copy of the surety's approval thereof. Such assignnlenl or pledge, however, shall not release the Contractor or its sureties fi-oin any obligations or liabilities arising under or because: of this Contract The requirements of trim section shall not apply to the grant of a general security interest in the Contractor's assets to secure the Contractor's obligations under any loan or credit facility entered into by the Contractor Or the Contractor's parent.. 7.7.2 Assignment, Suhcoutracting, Delegation or Duties Thu Contractor shall not assign or sub -contract any of the services provided under this Contract that directly affect Customers or delegate any of its duties under this Contract without the prior written approval of the City, which may he granted or withheld in the City's sole discretion. In the event of an assignment, sub -contracting, or delegation of duties, the Contractor shall remain responsible for the full and faithful perIbrinance of this Contract and the: assignee, subcontractor, or other obligor snail 2115o h come legp 011S ible to the City fur the satisfactory performance of then services to he provided under this Contract. the City ditty impose conditions of approval on any such assignment, subcontracting, or Change of Control, including but not lirniie:d to requiring the delivery by the assignee, subcontractor, or other obligor of its covenant to the City to fully and faithfully complete the services to be provided under this Contract or responsibilities undertaken. In addition, the assignee, subcontractor, or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract, The City may terminate this Contract if the assignee, subcontractor, or obligor does not comply 1,vitli this clause. City of Spokane Valley 40 Co mprelrr±arsivc Drop -box Container Collection Contract Waite Management of Washington, Inc. December, 2017 Supplier agreements for vehicles, pail, fuels, and other general supplies are exempt from 11Ji rcporl.ing requirement.. For the purposes of this Contract, any Change of Control of [lie Contractor shall he considered an assignment subject to the requirements of this section. Nothing herein shall preclude the City from executing a novation, allowing the new ownership to assume the rights and duties or the Contract and releasing the previous ownership of ai[l obligations and liability. 7.7.3 Merger or Sale of Conlraic.lar Operatintas ]n the event the Contractor wishes to change the trade name under which it does business within the City Service Area, the Contractor shall designate to the City the name, logo, and colors under which it will be doing business. in writing to the City at least 30 days prior to the effective date of its change of t.rode name, Within a reasonable period following a change oftrade name by the Contractor, all items, logos, articles, and implements seen by the public shall be: changed, including but not limited to letterhead, signs, promotional materials, website pages, billing statements, envelopes, and other items, Vehicles are the only exception; vehicles must he repainted with new trade name, and any new logo or colors, within two years of the effective date of the change of trade noise. provided that temporary nameplates (magnetic, stickers or other) shall be affixed to vehicles within 30 days of the change. Failure to comply with the terms of this seetion shall result in penalties assessed against the Contractor in accordance with Section 5.1.2. 7.8 Laws to Govern) enue This Contract shall be governed by the laws of the State of Washington both as to interpretation and pei formance- Venue shall be in Superior Court in the State of Washington for Spokane County. 7.9 Compliance with Applicable Laws and Regulations 'fhe Contractor shall comply with all federal, state, and local regulations and ordinances applicable to the work to he done under (his Contract. Any material violation ofthe provisions of this section shall be grounds for termination or suspension of'the Contract by the City, and may result in the Contractor's ineligibility for further work for the City. The Contractor agrees not to discrim inate against any employe: or applicant for employment or any other persons in the performance of this Contract hccausc of race., religion, creed, color, national origin, marital status, gender, age:, disability, sexual orientation, or other circumstances as may be defined by federal, state, or local law or ordinance, except for a bona lid o eupai.iona] qualification- Without limiting the foregoing, Contractor agrees to comply with tine provisions of the Affidavit of Equal. Opportunity & Title VI Complianec requirements incorporated herein by this reference. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contractor setting forth the provisions of this nondiscrimination clause. Conditions of the Federal Occupational Safety and E Iealth Act of 1970 (OSHA), the Washington industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued undei" these Acts from time - to -time must be complied with, including ergonomic and repetitive motion requirements. Thu Contractor must indeinn ify and )told harmless the City from all damages assessed for the Contractor's failure to comply with the Acts and Standards issued therein, The Contractor is also responsible for rnce:ting all pertinent local, state, and federal health and environmental regulations and slumlords. applying to the operation ofthe collection and processing systems used in. the pertoranance of this Contract. City of Spokane Valley 41 Comprehensive Drop -box Container Collections Contract Waste Mairagement cif Washington, Inc. December, 2017 The Contractor is specifically directed to observe all weight -related laws and regulations in the peiformanee of thesis services, including axle bridging and loading requirements_ 7.10 Permits and Licenses The Contractor and subcontractors shall secure a City business license and pay all fees and taxes levied by the City. The Contractor shall obtain all permits, certifications, authorizations, and licenses necessary to provide the services required herein prior to the Date of Execution of this Contract at its sole expense, The Contractor shall be solely responsible for all taxes, fees, and charges incurred, including, but not 1 incited to, license fees and all federal, state, regional, county, and local loxes and fees, including income Wes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, ipine nt, materials, supplies, or activities rclatcd to the Contractor's activities under the Contract, business and occupation taxes, workers' compensation, and unemployment benefits. 7.11 Relationship of Parties The Parties understand and agree that Contractor shall be an independent contractor and not the agent or employee of City, that City is interested only in tin.: results to he achieved, and that the right to control the particular manner, method, and means in which the services under this Contract are performed is solely within the discretion ofC:ontractor. Any and all employees who provide services to City under this Contract shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Contract and any liability that inay attach thereto. 7J2 Contractor's Relationship with Customers The Contractor shall not separately contract with Customers for any services covered under this Contract; however, the Contractor may negotiate separate agreements with Customers for the sole purpose of compactor leasing, payment for rccyelablcs, or other related services only when not included in this Contract, provided that Customers are provided separate invoices for those services and that the Contractor makes it clear to Customers that those services arc not provided under this Contract. These separate agreements must be in writing and shall in no way expressly or by application supersede this Contract.'1`he Contractor agrees these separate agreements shall not contain durations any longer lha.n the final date of this Contract's term.. The Contractor shall provide the City a detailed list of all such separate agreements with Customers upon City request The City may, at its sole c,ption, regulate similar or identical services in the successor to this contract. 7.13 Bankruptcy It is agreed that if an order for relief with respect to the Contractor is entered in any bank niptcy east:, either voluntarily or involuntarily, in which the Contractor is a debtor, then this Contract, at the option of the City, may he terminated effective on the day and at the time the order for relief is entered, 7.14 Right to Reii otiatc/Amend The City shall retain the right to renegotiate this Contract or negotiate contract amendments at its discretion or based on pol'kc y changes, state statutory changes, or local law or rule changes, Washington State, or federal regulations regarding issues that materially modify the terms and conditions of the Contract, including but not limited to any modifications to contracting ler,ns or policies as they relate to the City Disposal System and disposal services. The City may also renegotiate this Contract should any Washington State, County, or City rate or fcc associated with the Contract be }held illegal or any increase thereof be City of Spokane Valley 42 Comprehensive Trap-hor container Collection C:ontract Waste Mfinrtgement of Washington, Inc. December, 2017 rejected by voters. In addition, the Contractor agrees to renegotiate in good. Nib with the City in the event the City wishes to change disposal locations or adti, aidclitional services or developments to the Contract and to provide full disclosure of existing and proposed costs and operational impacts of any proposed changes. In the event of a renegotiation, the Parties agree to negotiate all terms and rates in good faith. This Contract may be arri.ended, altered, or modified only by a written amendment, alteration or modification, executed by authorized representatives of the City and the Contractor. A failure by the parties to reach agreement on any matter as to which either party has a right to renegotiate under this section or under any other section of this Contract shall not in and of itself result in a termination of this Contract or give rise to any right on the part of either party to terminate this Contract, nor shall a failure, of the parties to reach such an agreement otherwise affect the validity or enforceability of this Contract. 7.15 Force Majeure Provided that t e requirements of this section are tout, Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Contract if Contractor's pertnrmance is prevented or delayed by acts of God, including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public riots, explosions, accident to machinery, equipment or materials, unavailability of required materials or disposal restrietion.s, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of the Contractor, and are not the result of the willful or negligent act error or omission of the Contractor; and that could not have been prevented by the Contractor through the exercise of reasonable diligence ("Force Majeure). The. Contractor's obligritions. under this Contract shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. The following events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes that by virtue of their extent or completeness make the particular goods or services effectively unavailable to the Contractor; work stoppages or other labor disputes or disturbances occurring with respect to any activity performed. or to be performed by the Contractor; or general economic conditions, If as a result ofa Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Contract, the Contractor shall notify the City by telephone or email, on or promptly atler the Foree Majeure: is first. known, followed within. seven days by a written description of the event and cause thereof to the extent known; the date the event began, its estimated duration, the estimated time during which the performance of the Contractor's obligations will be delayed; the likely financial impact of the c era.; and whatever additional information. is available concerning the event and its impact on the City and its Customers. The Contractor shall provide prompt written notice of the cessation of the Force Majeure. Whenever such event shall occur, the Contractor, as promptly and as reasonably possible, shall use its hest efforts to eliminate the cause, reduce the cost, and resume performance under the Contract. In addition, if as a result of a Force Majeure event, Contractor is unable wholly Or partially to meet its obligations under this Contract, the Contractor shall notify all Customers regarding the disruption in collection service in a manner similar to the ot i lication required in the case of inclement weather under Section 3.1.7. 7,16 illegal Provisions if any provision of this Contract shall he declared illegal, void, an enforceable, or invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the legality, effectiveness, and validity of City Or Spokane Valley 43 Comprclicnsive Drop -box Container Collection Contract Waste Management of Wash hie. December, 2017 any other section, sentence, clause, or phrase of this Contract and the other provisions of the Cont r et shall remain in full force and effect.. 7.17 Waiver 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 Contract. No waiver in one instance shall be held to Ix waiver of any other subsequent breach or nonperformance- All remedies afforded in this Contract 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 Contract or to require at any time .performance by the other party of any provision hereof shall in no way be construed to he a waiver of such provisions nor shalt it affect the validity of this Contract or any part thereof. 7.18 Incorporation of Contractor's Proposal in Response to City's REP The Contractor's proposal, dated February 6, 2017, submitted in response to the City's Request for Proposals, is incorporated by reference, including but not limited. lo eollcction vehicle types, customer service staffing and approach, processing abilities and other commitments made in the Contractor's proposal and all associated clarifications and supplemental proposal materials, in the case of conflict between the Contractor's proposal and this Contract, the provisions of this Contract shall prevail. The City may approve changes to vehicle and Container make, model and specifications at the City's discretion. 7.19 Disputes Resolution Thu patties shall attempt to resolve any and all disputes to the mutual satisfaction of both parties by good faith discussions. 'throughout the duration of a dispute, the Contractor shall continue providing all services included in this Contract, Disputes not resolved in accordance with other provisions of this Contract or through good faith discussions shall, within one year of first notification of suet' dispute, he submitted to non-binding mediation before a mediator mutually agreed upon by both the City and the Contractor. Each party shall pay their own mediation costs, Neither party may initiate or commence legal proceedings prior to completion of the non-binding mediation. If non-binding mediation is not successful, disputes shall be resolved through litigation filed in the Superior Court. of the State of Washington in Spokane County, unless otherwise required by applic:arblc federal or state law. 7.20 Jarrisdiclioo awl Venue 'Phis l._.'cnrlr€aet is entered into in Spokane County, Washington, Ventre shall be in Spokane County, State of V .rash a ngtOn. 7.21 Interpretation of Time 1111 times expressed in this Contract are mreference to Pacific Standard Time. All references to days are calendar days unless otherwise specified. 7.22 Entirety This Contract and the attachments affixed hereto are herein incorporated by reference and r'epr'esent the entire agreement or contract terms between the City and the Contractor with respect to the services to be provided under this Contract. No prior written or oral statement or proposal shall alter any term or provision of this Contract. City of Spokane Valley 44 Comprehensive Drop -box Container Collection Contract Waste Management of Washington, lnc. Deceruher, 2017 WITNESS I'HE EXECUTION HEREOF on the day and year first herein above written. CITY OF SPOKANE VALLEY: Contractor: Mark Calhoun, City Manager By: ATTEST: Christine Bainbridge, City Clerk APPROVED AS '10 FORM: Office of the City Attorney Its: Authorized Representative Attachment Attachment A: City Service Arca Attachment 13: Contractor fates Attachment C: ]cyclables List Ati hmcnt 1): Rate lvi&dification Example Attachment E: [nsurance Certificates (provided by March 15, 20 [ 8) City of Spokane Valley 45 Comprehensive Drup-box C:lrntainer Collection Contract Waste lkifinagenient of Washington,. lire. December, 2017 SPOKANE VALLEY SCOLIO WASTE SERVICES AREA City of 5fr7R9rt S City, of Spokane Valley € a ume.aiuc usler.-+r w. Eihol ROTA,. Eglal�h,c rf rt w ELm1 Rr. euiN And }1ayJM.AN SCCUUN I�i.s;anI' :rmknnr: i".or.,1ry j10' 4,000Vtey 4,4 hhee a ! e rw A.. Solid Waste Services Area City al' Sj it nc Valley 1 Comprehensive prop -box Container Collection Contract Waste 1Yl tnagcytient of Washington, Inc. Decenaher, 2017 Attachment B - Initial Contract Rates '1'€tc City's disposal fee as it exists on the date of execution or as thereafter modified shall be itctnizcd separately on Customer invoices. Tlie Contractor shall charge Customers the actual disposal cost without mark-up. Charged only upon first deliveuy. Any empty and returns are charged Haul Charge_ ' Pet' haul, .a Flat Rate. No disposal fee added to charge, Waste Management, Inc. Service Level (based in pick ups) Daily Rent llluntlrly Rent Delivery Charge` Haul Charge MI Sector Drop -him Collection Non -compacted 10 cubic yard Drop -box $ 2.69 $ 39,52 S 51.53 $ 81.63 Nun-torrmpaeted 15 cubic yard Drop -box $ 3,68 $ 51,83 S 51.53 $ 81.63 Non -compacted 20 cubic yard Drop -box $ 4.66 $ 64,13 $ 51.53 $ 81.6.3 Non -compacted 25 cubic yard Drop -box $ 4.96 $ 67.52 $ 51.53 $ 81.63 Non -compacted 30 collie yard Dmp-box $ 5.24 $ 70.89 $ 51.53 $ 81.63 Non-coarlpacied 40 cubic yard Drop -box $ 4.84 $ 8628 $ 51.53 $+ 81.63 Compacted 10 cubic yard Drop -box outside contract $ 51,53 8 € 31.83 Compacted 20 cubic yard Drop -box outside contract $ 51.53 $ 131.53 Compacted 25 cubic yard Drop -box outside contract $ 51.53 $ 131.83 Compacted 30 cubic yard Drop -box outside contract $ 51.53 $ 131.83 Compacted 40 cubic yard Drop -box outside contract $ 51.53 $ 131,83 'Drop -box Ancillary Fees Per Unit Multifamily Recycling Fee (per cubic yard o€` [)R size..)2 8 5.60 Return '["rip (per event) 8 25_00 Stand-by 'Imre (per minute) S 1.60 Container cleaning (per yard of container size) S 10.00 Drop -box excess mileage (over 5 mi), per cine -way toile S 3.00 Temporary Containers Service Level Delivery Fee Daily Rental Monthly Rental Haul Charge Nem -compacted 10 cubic yard Drop -box $ 51,53 $ 2.459 8 39.52 $ 104.99 Non -compacted 20 cubic yard Drop -box 8 5153 8 4.456 8 64.13 $ 104.99 Non -compacted 30 cubic yard Drop -box S 51.53 $ 5.24 8 70.89 8 104.99 Non -compacted 40 cubic yard Drop -box $ 51.53 $ 5.84 S 86,28 $ 104.99 Hourly Rate Drop -box Truck +driiver $ 75,02 Additional Labor (per person) $ 29.95 Extra Contaminated recycling materia[ pick-up (per loose cubic yard of material collected)s $ I i1.[}[} '1'€tc City's disposal fee as it exists on the date of execution or as thereafter modified shall be itctnizcd separately on Customer invoices. Tlie Contractor shall charge Customers the actual disposal cost without mark-up. Charged only upon first deliveuy. Any empty and returns are charged Haul Charge_ ' Pet' haul, .a Flat Rate. No disposal fee added to charge, Waste Management, Inc. Recyclables shall be loose, en) MA.Ir7�i ATERI, DESCRIPTION y ION TYPE (.lass. • Food or beverage Attachment (: l ecyclables List clean and dry, not ba ed as follows: PREPARATION INSTRUCTIONS Remove lids; empty of all food or liquids. I , ihcls do not need to be removed. containers — brown, clear, or green empty Paper • (Lice paper, printer/copy paper, construction paper • Newspaper and paper inserts ✓ ;a;, f i nes and paper inserts • Catalogs * Cardboard • Telephone books • Mail and paper inserts • Envelopes • Paper bags • Cereal, cookie and cracker boxes • LLw[ert'crr111s3�;t:;S • Paper towel tubes • [ o i [et paper tubes * lissut boxes • Non -foiI wrapping paper • Kraft paper bags o,, boxes ▪ Cardboard boxes • Cardboard :}a :aging • Cardboard ..leverage `fists' or nursery a ti ats' Cardboard Remove plastic bags (exterior or interior), plastic packaging, metal, eler troriics, magnets, twine, straws, lids and any food or liquids- Must be diy. Plastic windows in paper envelopes okay. Flatten all cardboard, cut down to sire to fit in cart with [id closed. Remove: all interior paokagi n4, block foam, packing peanuts and exterior plastic wrap. Do not bundle with tape Or 1 wine- External tape okay. Oversized City of Spokane Valley 2 Comprehensive Drop -box Container Collection Contract Waste Management or Washington, Ine. EXCLUSIONS Leaded glass; tight buts; porcelain; auto glass; windows, mirrors, baking dishes, storage dishes, ceramic_. plates, glassware, storage/canning jtirs- Shredded paper; paper envelopes with bubble wrap liners, insulation liners or envelopes made from plastic (Ty i.rck); laminated paper, stickers, labels, photos, carbon paper, paper affixed to magnets; wax - coated cups; pet food bags; mixed material bags; wet or soiled paper; paper with large iirl'iollrr[S of paint or glue; Proven fond boxes; Juice boxes; Milk, juice: and 3 ice cream cartons; ,Aseptic containers e.g. soilp, broth, soy milk, almond mi[[c. Waxed cardboard; fiber containing, or that has bccn in contact with food debris. December, 21)17 Metal Plastiti • Tin, aluminum and steel food or beverage cc)rincrs • Empty cans • Scrap metal (limit: Needs to fit in cart, approx. 2'x25;2', 35 lbs.). • Hood and beverage containers • PET/PETE bottles (soda/water bottles) • TIDPlibottiesfjugs (milk jugs; detergent bottles) • Dairy tubs, e.g. butter, yogurt, cotiagc cheese • 5 -gallon buckets cardboard can be flaittcnecl iirtcl placed next to cart. Must be dr Remove all exterior packaging; remove lids; empty of all food or liquids. Labels do not need to be removed. Alurrninu.m foil and trays; sharp or greasy metal; batteries; microwaves; hangs; electrical cords; ecll phones; car snow chains; Metal appliances. Plastic bottles with plastic screw -on lids are okay if lids are screwed back on, remove all other lids; remove straws; empty of all food, liquids or other debris_ Labels do not need to be removed. Plastic. bags, plastic til m; plastic bottles that contained HHW listed materials; deli, bakery and produce clamshell containers; loose lids — any size; plant trays; PVC; lame rigid plastic (outdoor furnitture, laundry baskets, swimm ing pools, toys, etc.); hoses; land.scapi nglsprinkler tubing; foam packaging (block, peariuls, etc.) and foam cups and plates; loose lids; eoat ban ers. Although not an cxhau.tive list:. for education purposes, examples of other exclusions or items that should not be placed in the Recycling C »rs; rare: Any recyclables materials, or pieces of recyclables materials less than 2" in size in any dimension. Materials: (a) that contain chemical or other properties deleterious, or capable ofcausing material damage, to any part of Contractor's property, its personnel or the public; andlor (h) that may materially impair the strength or the durability of the: Contractor's structures or equipment. City of Spokane Valley 3 Comprehensive Drop -box Container Collection Contract Waste Management of Washington, inc. December, 2017 Attachment U Rate Modification Examples Customer charges (including any embedded Administrative Fee) shall be adjusted annually, pursuant to Section 4.2 and as described below: The sum of the collection and any Administrative Fee components listed in Attachment 13 shall be increased or decreased by the amount of the CPI change: NCC — PCC x [ 1 + 90% x ((mCPI 1 nCPI)f2) — oCI'I oCP1 Where NCC — The new collection and anyF Administrative Fcc components, adjusted for excise tax on the Administrative Fee, of the customer rate for a particular service level; and PCC = The previous collection and Administrative Fee components, adjusted for excise tax on the Administrative Fee, of the Customer rate tar a particular service level; and inCPI = The semiannual 21 1 luilf CPT a veragc t'or the previous year (for the period July I- December 31, 2017, for example); and nCPI — The semiannual Pt half CPI average for the current year (for the period January 1- June 30, 2018, for example); and oCPI — The CPT average value for the previous twelve month period (for the period July 1, 2016 June 30, 2017,1 r cxafrtplc), For example, using an hypothetical customer rate of $18,52 per month: if the previous CPI is 1'13.2, the new CP1 is 144.3, then the January 2019 Customer charge for that service would be: (144 3-143.2) New 1=$18-64 (1'13.2) Thus, the new Customer charge for the hypothetical service would lac: $18.64. The City's disposal fee as it exists on the date of execution or as thereafter modified shall also be itemized separately on Customer invoices. The, Conlracior shall charge Customer's the actual disposal cost wit},or 1 1n;ir1„••np- Administrative F'ce Adjustment In the event the City elects to include an Administrative Fee, the Contractor's service rates shown in Attachment 8 shall include the embedded Administrative Fee, which may be adjusted from time to time, pursuant to Section '1.2- "Ihe initial contract rates do not have an Administrative Fee- However, an example City o1 Spokane Valley 4 Comprehensive Drop -box. Container Collection Contract Waste Management of Washington, Inc. December, 2017 of how the Administrative Fee may be incorporated is as follows; Assuming an Administrative Fee eorre podding to a I.0 fee on gross receipts from those Customers, on an original hypothetical service fee of $49.50 and creating a new rate of $50.40: Service rate ($19.50 + Administrative Fee ($0.495) + Excise Tax at 1-5% on Administrative Fee ($0.007) = Customer rate of $54,04 (rounded). In the event the City Administrative Fee is adjusted, the Administrative Fee portion of the Contractor's Customer rates shall he adjusted in a manner that retains the Contractor's underlying compensation to ensure that. the Contractor remains whole. City of Spokane Valley 5 Comprehensive Drop -box Container Collection Contract Waste Management of Wasbiiij ton, Inc. December, 2017 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2017 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— proposed revisions and additions to chapters 7.05, and 17.110 SVMC. GOVERNING LEGISLATION: Chapter 7.05 SVMC; chapter 17.100 SVMC; chapter 7.48 RCW. PREVIOUS COUNCIL ACTION TAKEN: Adoption of chapter 7.05 SVMC, relating to nuisances, in 2003; amended in 2005, 2006, 2008, 2012, and 2017. Chapter 17.100, relating to enforcement, was recodified in its entirety in 2016. BACKGROUND: The City adopted chapter 7.05 SVMC relating to nuisance properties shortly after becoming a city in 2003. The most common types of nuisances we have dealt with over the years have involved accumulations of trash, junk vehicles, and accumulations of broken machinery or equipment. Less frequently, we deal with other types of nuisance violations such as illegal structures, encroachments on sidewalks (vegetation, debris), fire hazards, noise, dust, graffiti, and excessive yard sales. Chapter 17.100 SVMC is the enforcement provisions for the Code, including nuisances and various land use violations. Chapter 17.110 involves fees and penalties, including fees related to appealing code enforcement violations. The City has altered and refined the nuisance provisions over the years to make them more effective, or to address new items as appropriate. The current Code Enforcement Officer is Nicole Montano, who recently joined us from Spokane County Regional Animal Protection Services (SCRAPS). On average, the City handles 330 new compliance cases annually. Of that number, the Office of the City Attorney has been forwarded an average of 30 cases per year since 2013 to pursue potential legal action. A nuisance case may be initiated in one of several ways, including observation by City staff, on referral from another agency, or through receipt of information from citizens. When Ms. Montano initiates a code compliance investigation, she will generally engage in the following process: - visit the property in person to determine whether there is a likely violation; - if so, attempt to make contact with the owner or occupant in an effort to get compliance through the easiest means possible, voluntary compliance; - if it cannot be cleaned up immediately, a warning notice would then likely be issued to provide specific information on the nature of the violation, as well as what is necessary to cure it including applicable timeframes; - most people are interested in executing a Voluntary Compliance Agreement (VCA) with the City, which spells out what will be done, including timeframes, to come into compliance. Successful completion of the terms of the VCA results in suspension of the penalty; - staff would follow up after the time for compliance in the warning notice had expired. If the violation was taken care of, the City would issue a letter to that effect; Page 1 of 4 - if the violation had not been eliminated, the City would issue a Notice and Order, which if not appealed, assesses a minimum penalty of $500 and identifies the time by which the violation must be abated by the property owner or occupant; - if the Notice and Order is not appealed, and the violation not cleaned up, then the case would get referred to the Office of the City Attorney for further enforcement action; - the Office of the City Attorney attempts to contact violators as well in an effort to get compliance instead of filing suit in Superior Court. If we are successful, then the City will issue a letter that the property is in compliance; - if we don't get a sufficient response, we file suit and seek an abatement order from the Court which will order the owner/occupant to remove the violations and, if they fail to do so, authorize the City to enter the property after 20 days to abate the violation. After such an abatement, the City is authorized to get a lien against the property in the full amount, however only the first $2,000 of that amount is a high priority lien on par with County and municipal taxes. We generally have to wait until the property transfers before we get paid the rest of the money we spent on abatement. There are some cases where the City never gets paid, however, the City was able to assist the neighborhood in removing a blight that was likely reducing their property values. Staff has become aware of the need to consider several revisions to chapters 7.05 and 17.100 SVMC. In addition to substantive revisions, staff looked at both entire chapters in an attempt to update language as appropriate, or correct minor issues that may exist and make the language more accurate. It is anticipated that the Council may have questions about these minor corrections, and please feel free to ask. The substantive changes are as follows: (1) Chronic Nuisances. This would add provisions for chronic nuisance properties. Chronic nuisances involve numerous, on-going criminal activities, including search warrants, arrest warrants, active commission of crimes such as drug crimes, burglary, etc. These impacts occur not only on the subject property, but also for blocks around in the form of residential burglary, car prowling, vehicle theft, graffiti, and vandalism. We worked with Spokane County to draft new provisions to address these chronic nuisance properties. We would rely primarily on our Police Department, staffed by the Spokane County Sheriff's Office, to provide the relevant background information on chronic criminal activity for certain properties. Staff from the County, Sheriff's Office, and Spokane Valley agreed it would be helpful to use a very similar approach across the two jurisdictions since Deputies would be doing the bulk of the evidence gathering to support pursuing these types of cases. The proposed new Code provisions define what kind of criminal activity qualifies as a chronic nuisance, but specifically excludes domestic violence charges so we don't re -victimize the victims of domestic violence. If a property has either four qualifying criminal events, plus at least one regular nuisance (garbage, junk vehicles, noise, etc) in a 12 month period, we would be able to proceed with imposing this violation. Alternatively, if a property has five qualifying criminal acts in a 12 month period, we would be able to proceed. If Spokane County Superior Court agrees that it meets the criteria, we would seek an abatement order from the Court that precludes the bad behavior, and can include an order that the premises be vacated for up to one year by the owner or occupant if lesser remedies are insufficient. Staff seeks input from the Council on whether it would like to have the draft language on chronic nuisances move forward for a first reading. Page 2 of 4 (2) Noise and odors relating to urban animal keeping. The Council and Planning Commission have engaged in considerable discussion about urban animal keeping. One of the impacts of these activities is increased noise and odors for neighboring properties. Increasing the number and types of animals allowed in an urban environment will undoubtedly result in increased complaints from adjoining properties about increased noise, increased odor, loose animals, and likely flies. This is not to say that these impacts should be the determinative factor for the Council on whether it moves ahead with expanding the areas where such animals will be allowed, including the types and numbers allowed, but it should be at least part of the Council's consideration. The City of Spokane expanded its urban animal keeping in recent years. They report that this has resulted in increased calls for service by their code compliance office to deal with issues like noise, odor, setback of pens from property lines, etc. These impacts are separate from dealing with animals on the loose, which Spokane contracts with SCRAPS to handle. This is a separate contract from Spokane's contract regarding dogs and cats, and Spokane Valley would need to enter into a separate contract with SCRAPS as well to respond to animals other than dogs and cats that are loose. If the City adopts amendments to the urban animal keeping regulations, it is likely to have a significant impact on the workload for the City's one code compliance officer. Staff seeks input from the Council regarding whether the Council wants to continue pursuing amendments for urban animal keeping. If so, staff may need to present additional options for amending this Code because this is currently considered "permitted agricultural activities" regarding noise and dust. Or, Council may be comfortable with exempting animal keeping entirely from the nuisance provisions. If so, staff would like direction on this issue. (3) Other noise complaints. There are several additional items relating to noise staff wanted to bring to Council's attention. Primarily, this amendment would bring our Code in line with the statutory requirements, with a minor addition, and state the requirements directly in our Code rather than relying on a citation to state law without including all of the language. The additional provision (SVMC 7.05.040(L)(2)(o) relates to an issue that has come up several times involving calls from neighbors of schools where events occur outdoors that generate significant noise. Examples are sporting events like high school football games, or marching bands practicing. The proposed revision makes such events exempt from the nuisance regulations because they cannot effectively be muffled or eliminated. Staff seeks input from Council on whether to include these proposed revisions on a future agenda for a first reading. (4) Yard sales. SVMC 7.05.040(0) currently limits yard sales to no more than seven consecutive days, or no more than two consecutive weekends. These were the limits imposed by Council a number of years ago in an effort to try to balance the various interests. Several Councilmembers noted this year that there are a number of properties that appear to be having yard sales throughout the spring and summer months. This impacts neighborhoods by increasing traffic when people are trying to enjoy the weekend in their yards. Some properties have yard sales so often it appears they are operating a commercial business in residentially -zoned areas. The Council may amend the language to further limit the holding of yard sales by putting a cap on the total number that may be held at a property during a calendar year. The discussion draft suggests a total of two, but the Council may change that. Page 3 of 4 Staff would like direction on whether to include any additional limitations on the number of total yard sales that may be held at a residentially -zoned property each year. (5) Dwelling or camping in the rights-of-way. Currently, there are no prohibitions on people living in motorhomes or travel trailers in the rights-of-way unless they are there for more than 30 days. As such, it is not uncommon to see motorhomes or trailers in the streets, particularly in residential areas, with long extension cords running from them to a building. Similarly, staff has noticed in a number of places steps and slide outs extending into the street, sometimes into or near the lanes of travel. This creates a hazard to the driving public and to those who are in the motorhomes and trailers. It is presumed that many of these are related to seasonal visits from relatives, although others are pretty clearly long-term stays extending several months or more. The City has received some complaints from residents about both of these types of situations. Staff would like to determine whether Council would like to have additional discussion about this issue. If so, it may be that the language would be placed in another Title of the Code (for example in Title 9 relating to vehicles and traffic), but we are interested in whether this is a topic of interest generally for Council. (6) Camping on private residential property. The City has received a number of complaints or comments over the years from citizens in residentially -zoned, property concerned about somebody in the neighborhood staying long term in a motorhome or travel trailer in the driveway or rear of the property. Under current City Code, a person is permitted to stay in this fashion for up to 30 days. Staff seeks direction from Council on whether it would like staff to come back at a later date with more information on this topic and determine at that time if Council would like to consider another Code amendment. OPTIONS: Determine which, if any, of these topics the Council would like to have come forward on a future agenda for an ordinance first reading. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: Unknown. STAFF CONTACT: Cary Driskell, City Attorney; Erik Lamb, Deputy City Attorney. ATTACHMENTS: (1) draft revisions to SVMC; (2) PowerPoint presentation. Page 4 of 4 Chapter 7.05 NUISANCES Sections: 7.05.010 Purpose and intent. 7.05.020 Definitions. 7.05.030 Compliance, authority and administration. 7.05.040 Nuisances prohibited. 7.05.050 Repealed.Initial investigation. 7.05.060 Procedures when probable nuisance violation is identified. 7.05.070 7.05.200 Repealed. 7.05.010 Purpose and intent. The purpose and intent of chapter 7.05 SVMC is to create and maintain a safe and healthy environment for the citizens of the City by identifying and reducing eliminating the conditions that contribute to injury, illness, devaluation of property, and the incidence of crime through the existence of nuisance conditions on public and private property. 7.05.020 Definitions. In addition to any definitions contained in Appendix A, the following words shall, for the purposes of chapters 7.05 and 17.100 SVMC, be defined as: "Abate" means to take whatever steps arc deemed necessary by the cmManager city manager or designee to ensure that the property complies with applicable Spokane Valley Municipal Code nuisance ordinance requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair. "City" means the City of Spokane Valley, Washington. "Code compliance officer" means a regular or specially commissioned officer so designated by the c mManagercity manager or designee for the City. "Days" will beare counted as business days when five or fewer days are allowed to de -perform an act required by chapter 7.05 SVMC. "Days" will bcare considered calendar days when more than five days are allowed to de -perform an act required by this -chapter 7.05 SVMC. "Days" are countedto be computed by excluding the first day, and including the last day, unless the last day is a holiday, Saturday, or Sunday, pursuant to RCW 1.12.040, as now adopted or hereafter amended. "Determination of compliance" means a written determinationstatement from by the City Managercity manager or designee that evidence exists to determine that the violation(s) stated in the warning, voluntary compliance agreement, notice and order, stop work order, or other applicable order haves. been sufficiently abated so as to comply with the SVMC. as to the nuisance violation(s) stated in the voluntary compliance agreement or notice and order. 1 "Director" means the city manager for Spokane Valley, or his/her designee."Found in violation" means that: 1. A notice and order has been issued and not timely appealed; 2. A voluntary compliance agreement has been entered into; or 3. The hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. "Graffiti" means an unauthorized marking, symbol, inscription, word, figure, designmarkings, inscriptions, words, figures, designs, or other inscribed material visible from premises open to the public, that has.,,e been placed upon any property through the use of paint, ink, dye, or any other substance capable of marking property. "Hearing examiner" means the City of Spokane Valley hearing examiner, as provided by Chapter 18.20 SVMC as adopted or hereafter amended. "Impound," for the purposes of this chapter, means to take and hold a vehicle in legal custody pursuant to law. "Inoperable" means incapable of being operated legally on a public highway, including, but not limited to, not having a valid, current registration plate or a current certificate of registration. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria: 1. Is three years old or older; 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires, motor, or transmission; 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. "Mitigate" means to take measures, subject to City approval, to minimize the harmful effects of the nuisance violation where remediation is either impossible or unreasonably burdensome. "Nuisance" means a person'sthe unreasonable or unlawful use by a person of real or personal property, or the unreasonable, indecent, or unlawful personal conduct or omission of conduct which materially interferes with, obstructs, or jeopardizes the health, safety, prosperity, quiet enjoyment of property, or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways, places, or bodies of water. "On-going criminal activity related to the premises" means that (1) criminal activity is or has been occurring at the premises; or (2) criminal activity is or has been occurring near the premises and such activity has a reasonable and proximate connection nexus to the premises, whether by owners, occupants, or persons visiting such owners or occupants. Examples of conduct or actions that constitute criminal activity occurring at or near the premises of the subject property include, but are not limited to, the following: 1. Service of a search warrant by law enforcement personnel; or 2. Arrest of one or more individuals by law enforcement personnel during any 24-hour period; or 2 3. Commission of a misdemeanor, gross misdemeanor, or felony at or near the premises and where there is a reasonable and proximate connection between the crime or criminal and the premises, including those visiting the owner or occupants of the premisesle owner or occupant of the premises; or 4. Visits by law enforcement personnel which occur based upon a reasonable belief by law enforcement that a crime is occurring or has occurred, but which do not result in any of the actions identified in (1)-(34) above; provided that visits alone may not form the sole basis for determining a premises to be a chronic nuisance premises. For purposes of this definition, service of warrants, arrests, or commission of misdemeanor or felony domestic violence shall not be considered criminal activity. "Person" means any public or private individual, sole proprietorship, association, partnership, corporation, or legal entity, whether for-profit or not-for-profit, public or private, and the agents and assigns thereof.of such individual, association, partnership, corporation or legal entity. "Person(s) responsible for a nuisance violation" means the person or persons who caused the violation, if that can be determined, and/or the owner, lessor, tenant, or other person ) entitled to control, use, and/or occupancy of the property and the abutting public rights-of-way.,including any public rights of way abutting a person, firm, or entity's property where the nuisance violation occurs. "Person(s) responsible for a junk vehicle nuisance violation" means any one or more of the 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; or 2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RG -W -4 -64 -24 -04 -state law; or 3. The legal owner of the vehicle. "Remediate" means to restore a site to a condition which docs not pose a probable threat to the general public health, safety or welfare. "Vehicle," for the purposes of SVMC 7.05.040(PN), includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, pursuant toas set forth in RCW 46.04.670. 7.05.030 Compliance, authority and administration. In order to discourage public nuisances and otherwise promote compliance with chapter 7.05 SVMC, the City Manager or designee may, in response to field observations, determine that violations of this chapter 7.05 SVMC have occurred or are occurring, and may utilize any of the compliance provisions set forth in contained in Gchapter 17.100 SVMC. 7.05.040 Nuisances prohibited. 3 No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisance nuisances within the City including on the property of any person, firm, or entity or upon any public rights-of-way abutting a person, firm, or entity's property. Prohibited public nuisances include, but are not limited to: A. Vegetation. 1. Any vegetation, or parts thereof, which hang lower than eight feet abovicever any public walkway or sidewalk; or hang lower than 14 feet abovcever any public street; or which are growing thereon in such a manner as to obstruct or impair the free and full use of anythe public walkway, sidewalk, or street by the public, or violate City clearview triangle policies regulationsadopted by the City. The City shall be responsible for maintaining all vegetation placed by the City adjacent to a public walkway, sidewalk, walkway, or roadwaystreet. 2. Any growth of noxious weeds or atoxic vegetation shall be subject to Gchapter 16- 750 WAC as currently adopted and hereafter amended. B. Buildings, Structures, Fences. 4. Buildings or portions thereof which are deemed dangerous or unfit pursuant to the Spokane Valley building codcSVMC (including all building and property maintenance codes and regulations as currently adopted and hereafter amended). currently adopted International Property Maintenance Code and the International Existing Building Code); provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or the structure's occupants is endangered. 2. Any fence that obstructs or obscures the view of traffic or traffic control devices, C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Snow or ice not removed from a public sidewalk within a reasonable time. 4. Accumulations of dirt or debris not removed from a public sidewalk. D. Unauthorized Signs. Any sign not in compliance with the City's currently adopted sign code. ED. Accumulations of Materials, Garbage, Recyclables, Furniture, Machinery. 1. Building and Construction Materials. Any accumulations, stacks, or piles of building or construction materials, including but not limited to metal, wood, wire, electrical, or plumbing materials, not associated with a current, in -progress project including metal, wood, wire, and electrical or plumbing materials and not in a lawful storage structure or container. in disarray or exposed to the elements on the property. This provision does not apply to a designated contractor's yard, as defined in the currently adopted Spokane Valley zoning code. 2. Garbage, Recyclables, Compost, and Infestations. a. Garbage or recyclables not kept in a properly stored in a receptacle with a tight- fitting lid. 4 b. Any accumulationccumulations of broken or neglected items, litter, salvage materials, orand junk not in an approved enclosed structure. c. Recyclables not properly stored and regularly disposed of. dc. Creating or maintaining any accumulations of matter, including but not limited to foodstuffs; or dead vegetation (excluding properly maintained residential compost piles), that harbor or are an attraction for the infestation of insects or vermin; failinging to eliminate such infestations;; or or ffailinging to eliminate intrusive insects. 3. Furniture, and Appliances, Furnishings, and Equipment. a. AnyAll broken or discarded household furniture, furnishings,. ef-equipment, or appliancgapphances not in an approved enclosed structure. b. All accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals. Any enclosure which may entrap a human or an animal, including accessible refrigeration appliances that have not had the doors secured or removed. 4. Machinery and Equipment. Any bBroken, or inoperable; accumulation of, or part of, accumulations of, or parts of machinery or equipment not in an approved enclosed structure. SVMC 7.05.040(D)(4)This subsection does shall include such machinery and equipment as boats, jet-skis, snowmobiles, aircraft, and the like, but shall not include junk vehicles, which are regulated_pursuant to SVMC 7.05.040(N) by subsection iP) of this section. EE. Fire Hazards. Any Sstacks or accumulations of newspapers, dead vegetation (excluding properly maintained compost piles), overgrown vegetation, cardboard, or any other paper, cloth, or wood products left in a manner that could poses a substantial risk of combustion or the spread of fire, as determined by the fFire R+Marshal. 6F. Toxic or Caustic Substances. Improper storageing or keeping of any toxic, flammable, or caustic substances or materials. SIG. Smoke, Soot, or Odors. Allowing the escape or emissionThe escaping or emitting of any unnecessary or harmful smoke, soot, fumes, egases, or odors which are offensive or harmful to a reasonable persons of ordinary sensibilities. 4H. Bodies of Water. 1 All stagnant, pooled water in which mosquitoes, flies, or other insects may multiply, excluding. This • any City -approved structure related to storm drainage systems. 2. The polluting of any waterway, well, or body of water which is not subject to the jurisdiction of the Spokane Regional Health Districtanother federal, state, county, special purpose district or city agency. J1. Holes, Pits, and Excavations. Anyfl excavated or naturally occurring uncovered holes, pits, or excavations, which are -not marked, guarded, or otherwise secured, and which constitute a concealed danger. that arc in excess of 10 or more inches in width at the top and four feet or more in depth. 5 KT. Attractive Nuisances. Any accessible nuisance which is attractive nuisance to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child. LK. Noise • 1. Any noise or sound that, originating within a residential zone, intrudes into the property of another person that exceeds the maximum permissible noise levels pursuant toas established in chapter WAC 173 60 010173-60, as currently adopted and hereafter amended. Such noise or sound may include, but is not limited to, noise or sound created by use of a radio, television set, musical instrument, sound amplifier, or other device capable of producing or reproducing noise or sound; or in connection with the starting, operation, repair, rebuilding, or testing of any vehicle, off-highway machinery or equipment, or internal combustion engine. 2. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1): a. Normal use of public rights-of-way; b. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC; c. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations; d. Sounds created by surface carriers engaged in commerce or passenger travel by railroad; e. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, or carillons; f. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible; g. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community; h. Sounds originating from officially sanctioned parades and other public events; i. Sounds created by watercraft, except to the extent that they are regulated by other City or state regulations; j. Sounds created by motor vehicles licensed or unlicensed when operated off public highways, except when such sounds are made in or adjacent to residential property where human beings reside or sleep; k. Sounds originating from existing natural gas transmission and distribution facilities; 1. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal government, state or municipality; m. Sounds created in conjunction with the collection of solid wastes; n. Sounds created in conjunction with military operations or training; o. Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums, swimming pools, schools, and other public facilities and public recreational facilities during hours of operation; D. Sounds originating from agricultural activities. 3. The following shall be exempt from provisions of SVMC 7.05.040(K)(1) between the hours of 7:00 a.m. and 10:00 p.m.: 6 a. Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes, grounds, and appurtenances; b. Sounds created by the discharge of firearms on authorized shooting ranges; c. Sounds created by blasting; d. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible; e. Sounds created by the installation or repair of essential utility services. 4. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1) between the hours of 7:00 a.m. and 10:00 p.m., or when conducted beyond 1,000 feet of any residence where human beings reside and sleep at any hour: a. Sounds originating from temporary construction sites as a result of construction activity; b. Sounds originating from the quarrying, blasting and mining of minerals or materials, including, but not limited to, sand, gravel, rock and clay, as well as the primary reduction and processing of minerals or materials for concrete batching, asphalt mixing and rock crushers; c. Sounds originating from uses on properties which have been specifically conditioned to meet certain noise standards by an appropriate City hearing body. 2. Sounds within a residential zone created by use of a radio, television set, musical instrument, sound amplifier, or any other device capable of producing or reproducing sounds, which emanates frequently, repetitively or continuously from any building, structure or property located within a residential area, and which annoys or disturbs, or interferes with the peace, comfort, or repose of a rcasonablc person of rcasonablc sensitivity. 3. The creation of frequent, repetitive or continuous sounds within a residential zone in motorcycle, off highway vehicle or internal combustion engine within a residential zone, and which annoys, so as to unreasonably disturbs, or interferes with the peace, and comfort, or rcposc of a rcasonablc person of owners or possessors of real property. 'I. Any other sound occurring frequently, repetitively, or continuously which annoys or, ML. Dust.- Any dDisturbanceirg the topsoil of any land area, or permitting the same, without taking affirmative measures to suppress and minimize the blowing and scattering of dust, and scattering of dust so as which unreasonably disturb or interferesinterferc with the peace. and comfort, or repose of owners or possessors of real propertya reasonable person. This provision does not include permitted agricultural activities as legal nonconforming uses or permitted agricultural activities in general agricultural zones. N. Nuisance Premises. Any premises or structures allowing or maintaining prostitution, lewd behavior, underage consumption of alcohol, the harboring of juvenile runaways or wanted persons, or where there is the use, sale, manufacturing or distributing of any narcotic or controlled substance, or at which there is a pattern of criminal activity, arc prohibited nuisances. 7 OM. Yard Sales. The holding or permitting of either: 1. Aa yard sale on the same real propertylot for (i) more than seven consecutive days ; OF (ii) more than two consecutive weekends; or 2. mMore than two separate yard sale events in one calendar year. PN. Junk Vehicles. All junk vehicles, or parts thereof, placed, stored, or permitted to be located on private property within the City limits.- SVMC 7.05.040(N)are public nuisances to be abated as provided in this chapter. This chapter does not apply to: 1. Any vehicle or part thereof that is completely enclosed within a lawful structurebuilding in a lawful manner so thatwhere it is not visible from the street or afty other public or private property; 2. Any vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and the private property is fenced pursuant toaccording to the provisions of RCW 46.80.130; 3. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this section. Good faith efforts of repair maycan include producing invoices showing work or parts purchased for repair or renovation within 30 days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation. This exception allows up to 60 days for good faith repair. Upon good cause shown, the city managerCity Manager or designee shall have the discretion to grant one additional 60 - day exception period pursuant to SVMC 7.05.040(12N).this chaptcr. Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year; 4. There shall be allowed as exceptions to SVMC 7.05.040(PN)this chaptcr up to two junk vehicles in R-1, R-2, and R-3 and R 1 zones, so long as they are completely sight - screened by maintained Type I or II landscaping, a maintained landscaped berm, or fencing, as may be required in the currently adopted zoning codoallowed pursuant to any currently adopted SVMC landscaping, berm, or fencing requirementsJunk vehicles allowed by this exception are restricted to only the R 1, R 2, R 3 and R 1 zones. 0. Dwelling or Camping in Rights -of -Way. Any 24-hour or more use of a public right-of-way for the purposes of sleeping, dwelling, camping, or habitation. This is inclusive of uses utilizing a tent, recreational vehicle, manufactured home, vehicle, structure, or other shelter. Q. Graffiti. All graffiti upon public or private property is deemed a nuisanccAny graffiti on public or private property. 8 RQ. Development Code Violations. Any violation pursuant to Titles 19, 20, 21, 22, 23, 24, and/or 25 SVMC. 7.05.045 Chronic Nuisances. A. The City Manager or designee may declare that a parcel or lot of real property, a building, including but not limited to the structure or any separate part of portion thereof, whether permanent or not, or the ground itself, or a ei-unit within a building, constitutes a chronic nuisance when any of the following conditions occur: 1. During any continuous 12 -month period, the property in question: (a) a final determination has been made by the City that conditions on the property constitute a nuisance pursuant to chapters 7.05 SVMC and 17.100 SVMC; and (b) has four or more occurrences of on-going criminal activity related to the premises; or, 2. During any 12 -month period, the property in question has five or more occurrences of on-going criminal activity related to the premises. B. Defenses. It shall be a defense against a declaration of chronic nuisance if the person alleged to be responsible for the nuisance (1) affirmatively engages in reasonable and ongoing efforts to remedy the nuisance and/or on-going criminal activity; and (2) is not the perpetrator nor allows the perpetration of the nuisance or on-going criminal activities. 7.05.050 .Repealed. A. Upon receipt of a complaint, field verification of nuisance conditions should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the nuisance violation or alleged nuisance violation. B. Advising Interested Parties of Apparent Violation. The person responsible for the nuisance violation should be advised of any apparent violation, which may be by personal contact, phone, posting, or regular mail. The letter should state that a violation may have occurred, but has not been verified, and should ask the recipient to contact the City staff person issuing the letter. C. The city manager or designee will record all violations in a database system, including a list of all actions taken on the complaint. D. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of entry. 7.05.060 Procedures when probable nuisance violation is identified. The City shall follow procedures pursuant to chapter 17.100.050 SVMC to identify nuisances, enforce the provisions of, and to remedy and abate any of the nuisances prohibited under chapter 7.05 SVMC. A. The city manager or designee shall determine, based upon information derived from sources tracking violations and applicable City codes and regulations, whether or not a nuisance violation has occurred. As soon as the city manager or designee has reasonable cause to determine that a responsible for the nuisance violation. B. Except as provided in subsection D of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the city manager or 9 designee otherwise determines a nuisance violation has occurred. The warning shall inform the person determined to be responsible for a nuisance violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be reinspected. C. The guidelines set forth for warnings, notifications and reinspections are not jurisdictional, • , nuisance provisions with regard to that case. D. No warning need be issued in emergencies, repeat violation cases, cases that arc already subject to a voluntary compliance agreement, cases where the violation creates, or has created, a situation or condition that is not likely to be corrected within 72 hours, or when the person responsible for the nuisance violation knows, or reasonably should have known, that the action was a nuisance violation. E. Notice and orders should be issued in all cases where the city manager or designee determines that the violation is unlikely to be fully corrected within 72 hours. F. If the violation is not corrected, the city manager or designee shall utilize the enforcement provisions contained in Chapter 17.100 SVMC as adopted or hereafter amended to obtain compliance with the applicable code provisions. 17.100.030 Enforcement, authority, and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations, determine that violations of SVMC Titles 17 through 22 and 24 SVMC and chapter 7.05 SVMC; have occurred or are occurring, and may: 1. Enter into voluntary compliance agreements with persons responsible for code violations; 2. Issue notice and orders, require voluntary compliance, assess civil penalties, and recover costs pursuant toas authorized by Gchapter 17.100 SVMC; 3. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work pursuant toas authorized by Gchapter 17.100 SVMC; 4. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties pursuant to as authorized by Gchapter 17.100 SVMC; 5. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assess civil penalties pursuant to as authorized by Gchapter 17.100 SVMC; 6. Suspend, revoke, or modify any permit previously issued by the City or deny a permit application pursuant toas authorized by Gchapter 17.100 SVMC when other efforts to achieve compliance have failed; and 7. Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. B. The procedures set forth in Chapter 17.100 SVMC are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating violations of SVMC Titles 17 through 24 and Gchapter 7.05 SVMC in any other manner authorized by law. 10 C. In addition to, or as an alternative to, utilizing the procedures set forth in Gchapter 17.100 SVMC, the City may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation. D. In addition to, or as an alternative to, utilizing the procedures set forth in Gchapter 17.100 SVMC, the City may assess or recover civil penalties accruing pursuant tounder Gchapter 17.100 SVMC by legal action filed in Spokane County district court or superior court by the office of the city attorney. E. The provisions of Echapter 17.100 SVMC shall in no way adversely affect the rights of the owner, lessee, or occupant of any property to recover all costs and expenses incurred and required by Gchapter 17.100 SVMC from any person causing such violation. F. In administering the provisions for code compliance, the City shall have the authority to waive any one or more such provisions so as to avoid substantial injustice. Any determination of For purposes of SVMC 17.100.030, substantial injustice maycannot not be based exclusively on financial hardship. G. The City may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by the SVMC. It is the intent of the city council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by Gchapter 17.100 SVMC shall not supersede those legal constraints. H. The City may request that the police, appropriate fire district, Spokane Regional Health District, or other appropriate City department or other non -City agency assist in enforcement. 17.100.050 Procedures when probable violation is identified. A. The City shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents, and data systems for tracking violations and applicable City codes and regulations, whether or not a violation has occurred. As soon as the City has reasonable cause to determine that a violation has occurred, the violation shall be documented and the person responsible for the code violations promptly notified. B. Except as provided in SVMC 17.100.050(C), a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the City otherwise determines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement pursuant toas provided for by Gchapter 17.100 SVMC. Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be reinspected within 14 days. 11 C. No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within 72 hours, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known, that the action was a code violation. D. Notice and orders may should be_ issued in all cases in whichwhen a violation has been found and a voluntary compliance agreement has not been entered. When determining whether to issue a notice and order, the City may consider a number of relevant factors and criteria, including but not limited to the severity of the public impact of the nuisance violation, the time and cost to abate the nuisance violation, the likelihood to recover any costs of abatement, and the available City resources to abate the nuisance violation. E. The City shall use all reasonable means to determine and proceed against the person(s) actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. F. The warning shall specify a reasonable time frame for abatement of the violation, which may be modified based upon abatement progress; provided, however, that the initial amount of time for abatement shall not be longer than 30 days. A notice and order or stop work order shall be issued in the event the violation is not corrected or a voluntary compliance agreement is not entered into in the time period specified in the warning. If the violation is not corrected, or a voluntary compliance agreement is not entered into within 30 days of notification by the City, a notice and order or stop work order should be issued. Stop work orders should be issued promptly upon discovery of a violation in progress. 17.100.060 Service — Notice and Order and sStop wWork *Order. A. Service of a notice and order shall be made on a person responsible fora code violation by one or more of the following methods: 1. Personal service of a notice and order may be made on the person identified by the City as being responsible for the code violation, or by leaving a copy of the notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there. For corporations and business entities, in-person service shall be on the registered agent as listed in the records of the Washington State Secretary of State; 2. Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available; or 3. Service by mail may be made for a notice and order by mailing one copy, postage prepaid, by ordinary first class mail to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the registered agent as shown in the records of the Washington State Secretary of State for corporations and business entitiesplace of business of the person responsible for the code violation. Except for corporations and business entities, 4the taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property 12 where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice and order was placed in the mail. B. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once a week for two consecutive weeks in an appropriate regional or neighborhood newspaper or trade journal. Service by publication shall be deemed complete at the expiration of the time prescribed for publication. A notice and order served by publication shall be signed by a code compliance enforcement officer, shall include the dates of the publication, and shall contain a brief statement of the nature of the action and how it can be remedied. C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by Chapter 17.100 SVMC. D. The failure of the City to make or attempt service on any person named in the notice of violation, notice and order, or stop work order shall not invalidate any proceedings as to any other person duly served. 17.100.250 Civil penalties — Assessment schedule. A. Civil penalties for code violations shall be imposed for remedial purposes for violations identified in a notice and order or stop work order, pursuant to the following schedule: Violation Penalty Amount First violation $500 Second separate violation $1,000 within three year period (may be same type of nuisance as initial violation) Each subsequent separate $2,000 violation within three year period (may be same type of nuisance as previous violation(s)) Violation which is likely to $10 000 result in an economic benefit to the person responsible for the violation Chronic nuisance violation $2 500 pursuant to SVMC 7.05.045 Notice and orders and stop work orders basic initial penalty: $500.00. B. Additional penalties shall be added where there is: 1. Second violation: $500.00. 2. Each subsequent violation (three or more): $1,000. 3. Eeconomic benefit to the person responsible for violation: $5,000. 13 C. Civil penalties shall be paid within 20 days of service of the notice and order or stop work order if not appealed. _Payment of the civil penalties pursuant to assessed under cGhapter 17.100 SVMC does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to Gchapter 17.100 SVMC. D. The City may suspend civil penalties if the person responsible for a code violation has entered into and fulfilled all requirements of a voluntary compliance agreement pursuant to SVMC 17.100.100.- E. Civil penalties which are assessed create a joint and several personal obligation in all persons responsible for a code violation. F. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the City may file for record with the Spokane County aAuditor to claim a lien against the real property for the , civil penalties, and costs of suit assessed pursuant to under Cchapter 17.100 SVMC if the violation was reasonably related to the real property. Any such lien can be filed under Chapter 17.100 SVMC if, after the expiration of 30 days from when a person resp nsible f r a c de vi lati n receives the n tics and rdcr r st p w rk rdcr (excluding any appeal), any civil penalties remain unpaid in whole or in part. 17.100.300 Cost recovery. A. In addition to the other remedies pursuant toavailable under Gchapter 17.100 SVMC, upon issuance of a notice and order or stop work order, the City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: 1. Reasonable Legal Fees and Costs. For purposes of SVMC 17.100.300, "reasonable legal fees and costs" shall include, but are not limited to, legal personnel costs, both direct and related, incurred to enforce the provisions of Gchapter 17.100 SVMC as may be allowed by law; 2. Administrative Personnel Costs. For purposes of SVMC 17.100.300, "administrative personnel costs" shall include, but are not limited to, administrative employee costs, both direct and related, incurred to enforce the provisions of Gchapter 17.100 SVMC; 3. Abatement Costs. The City shall keep an itemized account of costs incurred by the City in the abatement of a violation under Gchapter 17.100 SVMC; and 4. Actual expenses and costs of the City in preparing notices, specifications, and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing, or court filing fees. B. Such costs are due and payable 30 days from mailing of the invoice. 14 C. All costs assessed by the City in pursuing code enforcementcompliancc and/or abatement create joint and several personal obligations in all persons responsible for a violation. The office of the city attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. D. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to Chapter 17.100 SVMC, file for record with the Spokane County auditor to claim a lien against the real property for the assessed costs identified in Chapter 17.100 SVMC if the violation was reasonably related to the real property, in E. Any lien filed shall be subordinate to all previously existing special assessment liens imposed with which it shall share priority. The City may cause a claim of lien to be filed for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice and order, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. 17.100.300 Cost and Penalty recovery. The City may use the services of a collection agency in order to collect any civil penalties, fees, costs, and/or interest owing under Gchapter 17.100. SVMC. B. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to Gchapter 17.100 SVMC, file for record with the Spokane County Auditor to claim a lien against the real property for the civil penalties, fees, and costs assessed pursuant to €chapter 17.100 SVMC if the violation was reasonably related to the real property, in accordance with any lien provisions authorized by state law. C. Any lien filed shall be subject to priority pursuant toase tab'ished by state law, including but not limited to RCW 35A.21.405, as now adopted or hereafter amended. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. 17.100.320 Abatement. A. Emergency Abatement. Whenever a condition constitutes an immediate threat to the public health, safety, or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. 15 B. Judicial Abatement. The City may seek a judicial abatement order from Spokane County superior court to abate a condition which continues to be a violation of SVMC where other methods of remedial action have failed to produce compliance. C. The City shall seek to recover the costs of abatement as authorized by Gchapter 17.100 SVMC. 17.100.325 Abatement — Chronic Nuisances. A. Chronic Nuisance Judicial Abatement Order. The City may seek a judicial abatement order from Spokane County sSuperior eCourt to abate a condition deemed a chronic nuisance pursuant to chapterSVMC 7.05.045 SVMC where other methods of remedial action have failed to produce compliance. This abatement order, in addition to the remedies outlined in the remainder of chapter 17.100 SVMC, may seek abatement of the chronic nuisance as follows: 1. Direct the removal of all personal property subject to seizure and forfeiture pursuant to RCW 69.50.505 from the property, building, or unit within a building, and direct their disposition pursuant to the forfeiture provisions of RCW 69.50.505; 2. Provide for the immediate closure of the property, building, or unit within a buildingSALMC—)-against its use for any purpose, and for keeping it closed for a period of up to one year unless released sooner pursuant to chapter 17.100 SVMCS provided in this chapter; and 3. State that while the order of abatement remains in effect, the property, building, or unit(s) within a building shall remain in the custody of the court. e. - Al n order for abatement ofa granted 12 B. The City shall may seek to recover the costs IA toasauthorized by chapter 17.100 SVMC. 17.100.340 Judicial enforcement — Petition for enforcement. of abatement pursuant A. In addition to any other judicial or administrative remedy, the Cityoffice of the city attorney, on behalf of the City, may seek enforcement of the City's order by filing a petition for enforcement in Spokane County sSuperior eCourt. B. The City shall petition must name as a respondent each person against whom the City seeks to obtain civil enforcement. C. A petition for civil In seeking Superior Court enforcement, the City may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. Chapter 17.110 FEES AND PENALTIES 16 Sections: 17.110.010 _Master fee schedule. 17.110.020 Waiver of code enforcement appeal fee. 17.110.010 Master fee schedule. All fees and penalties for development permits, code interpretations, violations of provisions of SVMC Title 17 or allowed appeals shall be set forth in the City master fee schedule. A copy of this schedule shall be available from the City Clerkat the department. 17.110.020 Waiver of code enforcement appeal fee. A. A person, on the basis of indigent status, may request, in writing, a waiver of the appeal fee of any code enforcement decision made pursuant to chapter 17.100 SVMC if such indigent status exists because: 1. The person is currently receiving assistance under a needs -based, means -tested assistance program including, but not limited to, the following: Federal Temporary Assistance for Needy Families; State -provided general assistance for unemployable individuals; Federal Supplemental Security Income; Federal poverty -related Veteran's benefits; and food stamps programs; or 2. The person's household income is at or below 125% of the federal poverty guideline; or 3. The person's household income is above 125% of the federal poverty guideline and the applicant has recurring basic living expenses (as defined in RCW 10.101.010(2)(d)) that render the person without the financial ability to pay the appeal fee; or 4. There are other compelling circumstances that demonstrate the person's inability to pay the appeal fee. B. A person seeking a waiver of the appeal fee of a code enforcement decision shall include written proof of indigent status in the written request to waive the appeal fee. C. The City Manager shall consider and make a written determination of the waiver request prior to the appeal hearing. The City may schedule a hearing while the waiver request is being processed; provided, however, the City shall not conduct the hearing if a waiver request is denied until payment is made. 19.65.130 Residential. A. Accessory Structures. The combined building footprint of all accessory permanent structures in residential zoning districts shall be: 1. Up to 1,000 square feet for parcels up to 10,000 square feet in size; or 2. Up to 10 percent of the lot size for parcels greater than 10,000 square feet in size. B. Dwelling, Accessory Units. Accessory dwelling units shall comply with the provisions of Gchapter 19.40 SVMC, Alternative Residential Development Options. C. Dwelling, Caretaker's Residence. A caretaker's residence is limited to custodial, maintenance, management, or security of a commercial property and is only allowed accessory to another permitted use on site. D. Dwelling, Cottages. Cottages shall comply with the provisions of Gchapter 19.40 SVMC, Alternative Residential Development Options. 17 E. Dwelling, Duplex. Duplex dwelling units shall comply with the provisions of hapter 19.40 SVMC, Alternative Residential Development Options. F. Dwelling, Industrial Accessory Dwelling Units. Industrial accessory dwelling units shall comply with the provisions of Echapter 19.40 SVMC, Alternative Residential Development Options. G. Dwelling, Townhouse. Townhouse dwelling units shall comply with the provisions of Gchapter 19.40 SVMC, Alternative Residential Development Options. H. Manufactured Homes on Individual Lots. Manufactured homes on individual lots shall comply with the provisions of Gchapter 19.40 SVMC, Alternative Residential Development Options. I. Manufactured Home Park. Manufactured home parks shall comply with the provisions of Gchapter 19.40 SVMC, Alternative Residential Development Options. J. Recreational Vehicles. 1. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone, except as permitted pursuant to Gchapter 19.40 SVMC; 2. A recreational vehicle shall not be parked within a required front yard setback for more than 15 consecutive days and not more than 30 days cumulative in any 12 consecutive months; and 3. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12 -month period. APPENDIX A DEFINITIONS A. General Provisions. 1. For the purpose of this code, certain words and terms are herein defined. The word "shall" is always mandatory. The word "may" is permissive, subject to the judgment of the person administering the code. 2. Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary. 3. The present tense includes the future and the present. 4. The singular number includes the plural and the singular. 5. Use of male designations shall also include female. B. Definitions. AASHTO: American Association of State Highway and Transportation Officials. 18 Abandoned: Knowing relinquishment by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. "Abate" means to take whatever steps are deemed necessary by the City Manager or designee to ensure that the property complies with applicable SVMC requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement, or repair. 19 Code Compliance Update and Proposed Revisions Cary Driskell City Attorney, City of Spokane Valley Erik Lamb Deputy City Attorney, City of Spokane Valley December 12, 2017 City of Spokane Valley - Office of the City Attorney r Background • The City adopted its nuisance provisions shortly after incorporation in 2003. Prior to incorporation, Spokane County had done very little code compliance. As a result, there were many properties with junk vehicles, trash, accumulations of broken machinery, etc. These provisions have been revised over time as needed to address new or different situations. The primary provisions are in chapter 7.05 SVMC (nuisances) and chapter 17.1oo (enforcement). City of Spokane Valley - Office of the City Attorney Spokane Valley Code Compliance The City has one Code Enforcement Officer, Nicole Montano. She recently joined the City after working for Spokane County Regional Animal Protection Service (SCRAPS). For many years, the City had two Enforcement Officers, but reduced that to one approximately three years ago. On average, the City has 33o code compliance cases per year. Of those, an average of 3o of those cases are referred to the Office of the City Attorney per year. City of Spokane Valley - Office of the City Attorney How a case is initiated The City receives information of a potential violation generally one of three ways: (1) Complaint from somebody in the neighborhood (most often); (2) Information from a City staff member, generally from the Code Enforcement Officer, an inspector, the Police Department, or other staff; (3) Referral from another agency such as Spokane Valley Fire, Spokane County Fire District 8, Spokane Regional Health District, or Spokane Regional Clean Air Agency (least often) . City of Spokane Valley - Office of the City Attorney Brief explanation of process Once the Code Enforcement Officer receives information of a possible violation, she will go to the site to determine if it constitutes a violation; While there, she will attempt to make contact with the owner/occupant to advise them of the violation and attempt to get them to identify a cleanup plan; If no contact is made, or she is not satisfied with their response, she will issue a warning notice in writing outlining the violation and what needs to be done to remedy it, including a deadline; If the owner/occupant contacts the City, then an offer is made to enter into a Voluntary Compliance Agreement that states with specificity the violation and a timeline for their compliance; City of Spokane Valley - Office of the City Attorney Brief explanation of process —cont. If the City does not get a response to the warning notice, we issue a Notice of Violation. This can be appealed to the Hearing Examiner if the person believes their property is not in violation of the Code; Alternatively, the person responsible for the violation can contact the City and still enter into a Voluntary Compliance Agreement. The City strongly prefers that owner/occupants clean up their own property, rather than have the City do it and charge them. At this point, the case would be transferred to the Office of the City Attorney; City of Spokane Valley - Office of the City Attorney Brief explanation of process —cont. Before our office files suit, we send a final letter to the owner/occupant in an effort to get them engaged in the process and clean the property; If the Notice and Order is not appealed to the Hearing Examiner, and the property not abated, then the City can file suit in Spokane County Superior Court to enforce the Notice and Order; Often times, once served with a lawsuit, the owner/occupant will contact our office exhibiting a strong desire to resolve the matter without further action in Court. In these instances, we require the party to enter into an agreed court order allowing them additional time, with the caveat that if they fail to meet the schedule, the City is authorized without further court order to enter the property with a third party work crew to clean up; City of Spokane Valley - Office of the City Attorney Brief explanation of process —cont. Either way, we get a court order requiring the owner/occupant to clean their property, and if they fail to do so, authorizes the City to do it and file a lien against their property; We are able to get a lien for the entire amount (most are under $5,000), but only the first $2,000 of that amount is considered a special assessment and high priority lien. That $2,000 can be collected with the property taxes the following year, but any remainder is a regular priority lien and must wait for the property to transfer. The City could sue to foreclose on these liens, but the Council and staff have been hesitant to force anybody out of their homes for these liens. City of Spokane Valley - Office of the City Attorney Proposed revisions —minor revisions Whenever we consider amendments to the SVMC, we also read through the remaining portions of the applicable chapter to determine whether the language needs updating or altered for legal reasons (changes in state law), or because after using it for years we have determined that changing it a little bit would make it easier to understand for the public or staff. Chapters 7.05 and 17.100 had a large number of these types of minor revisions. As a result, the draft code has a large amount of underline and strikethrough. However, most of this is minor word changes, or moving things around. Staff would be happy to answer any questions about these proposed revisions. City of Spokane Valley - Office of the City Attorney Proposed revisions —substantive revisions There are six main topic areas involving proposed substantive revisions: (i) Chronic nuisances; (2) Noise and odors relating to urban animal keeping; (3) Other noise complaints; (4) Yard sales; (5) Camping in motorhomes/travel trailers in the rights-of-way; and (6) Camping in motorhomes/travel trailers on residential property. City of Spokane Valley - Office of the City Attorney Chronic nuisances These are properties that are locations for significant, on-going criminal activity. They are a substantial negative impact for the neighborhoods they are in. Existing SVMC provisions don't give the City adequate tools to address these types of properties. Staff has worked extensively with our counterparts at Spokane County and Spokane to research and draft proposed revisions to the nuisance regulations that would give us better tools. Spokane already has similar regulations, and Spokane County anticipates adopting them in January that are nearly identical to these proposed regulations. City of Spokane Valley - Office of the City Attorney Chronic nuisance defined • Relates to "on-going criminal activity related to the premises": (i) criminal activity is or has been occurring at the premises; or (2) criminal activity is or has been occurring near the premises and such activity has a reasonable and proximate connection to the premises, whether by owners, occupants, or persons visiting such owners or occupants. Examples of conduct or actions that constitute criminal activity occurring at or near the premises of the subject property include, but are not limited to, the following: a. Service of a search warrant by law enforcement personnel; or b. Arrest of one or more individuals by law enforcement personnel during any 24-hour period; or c. Commission of a misdemeanor, gross misdemeanor, or felony at or near the premises and where there is a reasonable and proximate connection between the crime or criminal and the premises, including those visiting the owner or occupants of the premises; or d. Visits by law enforcement personnel which occur based upon a reasonable belief by law enforcement that a crime is occurring or has occurred, but which do not result in any of the actions identified in (1)-(3) above; provided that visits alone may not form the sole basis for determining a premises to be a chronic nuisance premises. Domestic violence charges do not count toward this because we don't want to re -victimize domestic violence victims. City of Spokane Valley - Office of the City Attorney Prohibited chronic nuisances The City may declare a parcel or lot of real property, a building, including but not limited to the structure or any separate part of portion thereof, whether permanent or not, or the ground itself, or a unit within a building, constitutes a chronic nuisance when any of the following conditions occur: (i) During any continuous 12 -month period, the property in question: (a) a final determination has been made by the City that conditions on the property constitute a nuisance pursuant to chapters 7.05 SVMC and 17.100 SVMC; and (b) has four or more occurrences of on-going criminal activity related to the premises; or (2) During any 12 -month period, the property in question has five or more occurrences of on-going criminal activity related to the premises. City of Spokane Valley - Office of the City Attorney Defenses to chronic nuisance determination. It shall be a defense against a declaration of chronic nuisance if the person alleged to be responsible for the nuisance: (1) affirmatively engages in reasonable and ongoing efforts to remedy the nuisance and/or on-going criminal activity; and (2) is not the perpetrator nor allows the perpetration of the nuisance or on- going criminal activities. City of Spokane Valley - Office of the City Attorney Consequences of being a chronic nuisance. City would be able to seek a court order directing that the bad behavior stop and, if that is not effective, seek an order closing one or more units if an apartment building or require that a structure be boarded up and not used for an extended period of time, up to one year. This would preclude use by anybody, including the owner or tenant. Staff is seeking consensus on whether this item can move forward for a first reading. City of Spokane Valley - Office of the City Attorney Noise and odor complaints —animal keeping. Over the past year, Council has discussed potentially expanding urban animal keeping. Staff was directed to consider potential impacts, including nuisance impacts, to residential neighborhoods. We don't know what the exact impact would be from expanded urban animal keeping, but the City would doubtless receive numerous complaints as Spokane has following its recent regulatory change on this. We have one Code Enforcement Officer, where Spokane hs an entire department. p p Staff is seeking direction on whether Council wants to continue exploring expansion of urban animal keeping because it would mean we have a more detailed discussion on this topic. Currently, noise and dust impacts resulting from animal keeping and other agricultural activities are exempt. Expansion of animal keeping would result in increased complaints. City of Spokane Valley - Office of the City Attorney Noise/odor —animal keeping cont. If the Council wants to expand urban animal keeping, does the Council also want to remove the exemption for noise and dust related to animal keeping? Staff is looking for direction from Council on this issue of nuisances relating to urban animal keeping. City of Spokane Valley - Office of the City Attorney Other noise complaints. There are several other proposed changes relating to noise: Currently, SVMC 7.o5.o4o(L) simply refers to state law for noise restrictions. Staff recommends, in this instance, listing the entire regulation for clarity. Staff recommends one addition to the state requirements, outright exempting organized activities at public parks, playgrounds, swimming pools, schools, etc. during hours of operation. This will exempt things like high school football games, marching band practice, etc. Staff seeks consensus from Council on whether to proceed as drafted. City of Spokane Valley - Office of the City Attorney Yard sales Currently, a property is allowed to have a yard sale for up to seven consecutive days or two consecutive weekends. Frequent yard sales bring a lot of traffic and disruption to a neighborhood. Staff is seeking direction on whether to add a cap on the number of yard sale events that may be held per calendar year. The draft language is capped at two, but Council is welcome to suggest a different cap, if any. City of Spokane Valley - Office of the City Attorney Camping in motorhomes - ROW The City has received numerous complaints about people staying in motorhomes/trailers in the rights-of-way. Although some of these relate to visiting relatives, most are not. Concerns include: Hazardous conditions have been observed including steps and sliders extending near or into the travelled roadway; • It is unclear how human waste is being handled; • Neighbors complain about having people staying long term outside their residence; There are safety concerns in the event a vehicle collides with one of these while people are sleeping inside. Staff seeks direction on whether the Council wants to consider prohibiting this activity in the Code, which may be in chapter 7.05 or in Title 9 relating to traffic safety. City of Spokane Valley - Office of the City Attorney Camping in motorhomes —private property. Similarly, the City receives numerous complaints about people living or staying long term in motorhomes/travel trailers on private residential property. Some of these relate to short term visitors to the adjoining property, but many others represent a second (illegal) dwelling unit on a property either in the driveway or rear yard. Currently, a person may stay on private property in this fashion for up to 3o days. The overwhelming comments from impacted neighbors is that this is too long. It also represents a very long time for City staff to try to monitor. Some cities limit such stays on residential property to 7-14 days. Staff seeks input from Council on whether to bring this issue back for potential amendment either with the rest of the items or at a later date. City of Spokane Valley - Office of the City Attorney Questions of staff? City of Spokane Valley - Office of the City Attorney 22 To: From: Re: DRAFT ADVANCE AGENDA as of December 7, 2017; 2:30 p.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings December 19, 2017, Study Session Format, 6:00 p.m. 1. Density Standards (19.70.050(g)) — Lori Barlow 2. Shipping Containers — Marty Palaniuk 3. Barker Grade Separation Project Update — Gloria Mantz, Bill Helbig 4. Small Cell regulations — Cary Driskell, Erik Lamb 5. Unfit Dwellings — Cary Driskell, Erik Lamb 6. Police Dept. Monthly Report — Chief Werner 7. Advance Agenda — Mayor Higgins 8. Info Only: Department Reports fdue Tue, Dec 121 (20 minutes) (15 minutes) (20 minutes) (15 minutes) (20 minutes) (10 minutes) (5 minutes) [*estimated meeting 115 minutes] December 26, 2017, Formal Meeting Format, 6:00 p.m. Meeting cancelled due to Christmas Holiday Special Note: Jan 2, 2018; 5 pm: Oath of office administered to the five newly elected officials Council Chambers. [Please note this is NOT a meeting. The Council meeting will be held at 6 pm as usual.] January 2, 2018, Study Session, 6:00 p.m. Invocation and Pledge of Allegiance 1. Selection of Mayor and Deputy Mayor — Chris Bainbridge 2. NE Industrial Area Update — John Hohman 3. Open Public Meetings Act, and Public Records Act Training — Cary Driskell 4. Advance Agenda — Mayor [due Tue, Dec 261 (15 minutes) (15 minutes) (40 minutes) (5 minutes) [*estimated meeting: 75 minutes] January 9, 2018, Formal Meeting Format, 6:00 p.m. fdue Tue, Jan 21 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Resolution Repealing and Replacing Resolution 17-001, Bank Signing Authority — C.Taylor (10 minutes) 3. Motion Consideration: Bid Award Appleway Trail Project, Sullivan to Corbin — Lochmiller/Mantz (10 min) 4. Motion Consideration: Award of LTAC Funds — Chelsie Taylor 5. Appointments: Councilmembers to Committees — Mayor 6. Appointments: Planning Commission — Mayor 7. Appointments: Lodging Tax Advisory Committee — Mayor 8. Advance Agenda — Mayor (25 minutes) (10 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 85 minutes] January 16, 2018, Study Session, 6:00 p.m. 1. Water Banking — John Hohman, and Mike Hermiston, Spokane County 2. Urban Farming and Animal Keeping — John Hohman 3. Annexation — Erik Lamb, Mike Basinger, Chaz Bates 4. Advance Agenda — Mayor AWC City Action Days: Jan 24-25, 2018 Olympia fdue Tue, Jan 91 (15 minutes) (15 minutes) (20 minutes) (5 minutes) [*estimated meeting: 55 minutes] Draft Advance Agenda 12/7/2017 3:06:05 PM Page 1 of 2 January 23, 2018, Formal Meetin2 Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Advance Agenda — Mayor 3. Info Only: Tip Amendment January 30, 2018, Study Session 6:00 p.m. February 6, 2018, Study Session, 6:00 p.m. 1. Proposed Amended TIP — Colin February 13, 2018, Formal Meetin2 Format, 6:00 p.m. 1. PUBLIC HEARING: Proposed Amended TIP 2. Proposed Resolution Amending TIP February 20, 2018, Study Session, 6:00 p.m. February 27, 2018, Formal Meetin2 Format, 6:00 p.m. *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Accomplishments Report (2017) Disc Golf Park Donation Recognition Farmers Market 4th Ave, 8th Ave Traffic and Speed Analysis Governance Manual Marijuana Industry, Financial Impact Outside Agency Funding Level (winter workshop) Parental Rights [+staff research time] Police Dept Quarterly Rpt (April, July, Oct, Jan) Police Oversight Committee Police Precinct (officers, cars, carpet, etc.) Resolution/Proclamation Supporting SV Schools Retail Recruitment Follow-up School Interns Second Amendment Sanctuary City Sign Ordinance Street Classifications Street Illumination (ownership, cost, location) Transportation & Infrastructure Undergrounding Utility Facilities in ROW Winter Workshop — Feb/March [due Tue, Jan 161 (5 minutes) (5 minutes) [due Tue, Jan 231 [due Tue, Jan 30 (15 minutes) [due Tue, Feb 61 (15 minutes) [due Tue, Feb 131 [due Tue, Feb 201 Draft Advance Agenda 12/7/2017 3:06:05 PM Page 2 of 2