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2019, 05-28 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT Tuesday, May 28, 2019 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 Mathew Larson, Advent Lutheran Church PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD, LIAISON SUMMARY REPORTS MAYOR'S REPORT PROCLAMATIONS 1. PUBLIC HEARING: 2019 Budget Amendment — Chelsie Taylor 2. First Reading Ordinance 19-006, 2nd Amendment to 2019 Budget — Chelsie Taylor 3. 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 May 28, 2019 Request for Council Action Form Total: $1,247,523.38 b. Approval of Payroll for Pay Period Ending May 15, 2019: $371,730.12 c. Approval of May 14, 2019, Council Meeting Minutes, Regular Formal NEW BUSINESS: 4. Second Reading Ordinance 19-004, Comp Plan Amendments — Mike Basinger 5. Second Reading Ordinance 19-005, Comp Plan Zoning Map — Mike Basinger 6. First Reading Ordinance 19-008 Duplex Density Ordinance — Lori Barlow [public comment] 7. Motion Consideration: Bid Award, Browns Park — Mike Stone [public comment] 8. Motion Consideration: Travel Insurance for Councilmembers — Cary Driskell [public comment] 9. Motion Consideration: Department of Ecology Agreement, Decant Facility — Bill Helbig [public comment] 10. Motion Consideration: Department of Ecology Agreement, Sprague Stormwater — Bill Helbig [public comment] 11. Motion Consideration: Department of Ecology Agreement, Appleway Stormwater — Bill Helbig [public comment] Council Agenda 05-28-19 Formal Format Meeting Page 1 of 2 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 residence for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 12. Regional Veterans Services — Heather Drake, Operations Manager 13. Spokane County Library District Update — Aileen Luppert, Managing Librarian 14. Annexation — Erik Lamb, Mike Basinger 15. Advance Agenda — Mayor Higgins INFORMATION ONLY (will not be reported or discussed): 16. Department Reports CITY MANAGER COMMENTS ADJOURNMENT General Meetin,i 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 2nd and 4d' 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 3rd and 5th 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 05-28-19 Formal Format Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing ❑ information ['admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Public Hearing on the proposed 2019 Budget Amendment. GOVERNING LEGISLATION: In order for the City to amend an adopted budget, State law requires the Council to approve an ordinance that appropriates additional funds. PREVIOUS COUNCIL ACTION TAKEN: The Council last took formal action on the 2019 Budget when it was amended on March 26, 2019. On May 14, 2019, an Administrative Report was delivered to Council regarding the need for a budget amendment. BACKGROUND: Since the amendment of the 2019 Budget on March 26, 2019, a number of events have transpired in the normal course of operations that necessitate a second 2019 Budget amendment. They include: #001 - General Fund Provide additional appropriations (expenditures) of $403,000 comprised of: • $203,000 for the purchase and installation of a generator at City Hall. There was $200,000 in the 2018 Budget appropriated for this purchase; however, the project could not be completed before the end of 2018. The generator was discussed by Council last at the April 30, 2019 Council meeting when staff provided an update on the project. • $200,000 for the purchase and installation of a generator at the police precinct. There was $100,000 in the 2018 Budget appropriated for this purchase; however, the project could not be completed before the end of 2018 primarily due to the fact that installation costs at the precinct are much greater than what was previously anticipated. The generator was discussed by Council last at the April 30, 2019 Council meeting when staff provided an update on the project. #101 — Street O&M Fund Increase nonrecurring expenditures by $68,000 to purchase spare traffic signal equipment. The spare equipment will be used in emergencies or after equipment failure. Many of items included in the spare equipment purchase have long lead times, which could cause traffic signals to be down for weeks without spare equipment on hand to make repairs. The 2019 Budget amendment reflects the changes noted above and will affect 2 funds resulting in total expenditure increases of $471,000. 001 General Fund 101 Street O&M Fund 0 403,000 0 68,000 0 471,000 1 Revenue Expenditure Fund Fund Increase Increase No. Name (Decrease) (Decrease) 001 General Fund 101 Street O&M Fund 0 403,000 0 68,000 0 471,000 1 OPTIONS: Future options are to accept the proposed amendments in whole or in -part. RECOMMENDED ACTION OR MOTION: The purpose of this evening's public hearing is to consider input from the public on the proposed budget amendment and no action is required of Council at this time. Anticipated future action by the Council includes: • May 28, 2019 — First reading of Ordinance #19-006 amending the 2019 Budget. • June 4, 2019 — Second reading of Ordinance #19-006 amending the 2019 Budget. BUDGET/FINANCIAL IMPACTS: This action amends the estimated revenues and appropriations for the 2019 Budget that was adopted on November 13, 2018 and amended on March 26, 2019. There are adequate funds available to pay for these amendments. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: • Fund summaries for all funds affected by the proposed budget amendment. • Fund level line -item detail of revenues and expenditures. 2 P:\Finance\2019 Budget\Amendment #2\2019 05 28 Public Hearing & 1st Reading\Public Hearing\budget summary for amended fund 2019 no2.xlsx CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds #001 - GENERAL FUND RECURRING ACTIVITY Revenues Property Tax Sales Tax Sales Tax - Public Safety Sales Tax - Criminal Justice Gambling Tax and Leasehold Excise Tax Franchise Fees/Business Registration State Shared Revenues Fines and Forfeitures/Public Safety Community and Public Works Recreation Program Revenues Miscellaneous Department Revenue Miscellaneous & Investment Interest Transfers in - #105 (h/m tax -CP advertising) 5/17/2019 2019 As Adopted 1st Amendment 2nd Amendment As Amended 12, 054, 400 22, 917, 000 1,081,900 1,944,000 387,000 1,224,000 1,909,800 1,078,500 1,882,300 628,800 1,000 358,200 30,000 0 0 0 0 0 0 0 0 0 0 500 0 0 0 12,054,400 0 22,917,000 0 1,081,900 0 1,944,000 0 387,000 0 1,224,000 0 1,909,800 0 1,078,500 0 1,882,300 0 628,800 0 1,500 0 358,200 0 30,000 Total Recurring Revenues 45,496,900 500 0 45,497,400 Expenditures City Council 545,903 66,456 0 612,359 City Manager 948,835 15,692 0 964,527 City Attorney 610,549 8,207 0 618,756 Public Safety 25,927,304 184 0 25,927,488 Deputy City Manager 267,044 4,000 0 271,044 Finance / IT 1,402,497 25,203 0 1,427,700 Human Resources 297,421 8,422 0 305,843 City Hall Operations and Maintenance 290,543 1,351 0 291,894 Community & Public Works - Engineering 1,816,141 25,476 0 1,841,617 Community & Public Works - Economic Development 1,018,772 11,965 0 1,030,737 Community & Public Works - Building & Planning 2,248,698 32,776 0 2,281,474 Parks & Rec - Administration 335,958 4,162 0 340,120 Parks & Rec - Maintenance 893,500 0 0 893,500 Parks & Rec- Recreation 253,622 1,196 0 254,818 Parks & Rec - Aquatics 491,153 0 0 491,153 Parks & Rec - Senior Center 101,215 1,692 0 102,907 Parks & Rec -CenterPlace 949,414 6,918 0 956,332 General Government 1,332,650 16,300 0 1,348,950 Transfers out - #204 (LTGO debt service) 401,250 0 0 401,250 Transfers out - #309 (park capital projects) 160,000 0 0 160,000 Transfers out - #311 (pavement preservation) 972,300 0 0 972,300 Transfers out - #501 (CenterPlace kitchen reserve) 36,600 0 0 36,600 Transfers out - #502 (insurance premium) 390,000 0 0 390,000 Total Recurring Expenditures 41,691,369 230,000 0 41,921,369 Recurring Revenues Over (Under) Recurring Expenditures 3,805,531 (229,500) 0 3,576,031 Page 1 of 3 P:\Finance\2019 Budget\Amendment #2\2019 05 28 Public Hearing & 1st Reading\Public Hearing\budget summary for amended fund 2019 no2.xlsx CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds #001 - GENERAL FUND - continued NONRECURRING ACTIVITY Revenues Transfers in - #106 (solid waste repayment) Total Nonrecurring Revenues Expenditures 5/17/2019 2019 As Adopted 1st Amendment 2nd Amendment As Amended 40,422 0 0 40,422 40,422 0 0 40,422 General Government - IT capital replacements 107,000 0 0 107,000 Economic Development (retail recruitment) 25,000 0 0 25,000 Public Safety (full facility generator) 0 0 200,000 200,000 Public Safety (carpet & workstation replacement) 50,000 0 0 50,000 General Government - City Hall generator 0 0 203,000 203,000 Transfers out - #122 (replenish reserve) 0 120,000 0 120,000 Transfers out - #309 (Browns Park restroom) 160,000 0 0 160,000 Transfers out -#309 (Browns Park other) 1,000,000 0 0 1,000,000 Transfers out - #312 ('17 fund bal > 50%) 0 7,109,300 0 7,109,300 Total Nonrecurring Expenditures Nonrecurring Revenues Over (Under) Nonrecurring Expenditures Excess (Deficit) of Total Revenues Over (Under) Total Expenditures Beginning unrestricted fund balance Ending unrestricted fund balance Fund balance as a percent of recurring expenditures 1,342,000 7,229,300 403,000 8,974,300 (1,301,578) (7,229,300) (403,000) (8,933,878) 2,503,953 (7,458,800) (403,000) (5,357,847) 36, 817, 956 36, 817, 956 39, 321, 909 31, 460,109 94.32% Page 2 of 3 75.05% P:\Finance\2019 Budget\Amendment #2\2019 05 28 Public Hearing & 1st Reading\Public Hearing\budget summary for amended fund 2019 no2.xlsx CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds SPECIAL REVENUE FUNDS #101 - STREET FUND RECURRING ACTIVITY Revenues Utility Tax Motor Vehicle Fuel (Gas) Tax Multimodal Transportation Revenue Right -of -Way Maintenance Fee Investment Interest Miscellaneous 5/17/2019 2019 As Adopted 1st Amendment 2nd Amendment As Amended 1,700,000 0 0 1,700,000 2,092,300 0 0 2,092,300 132,200 0 0 132,200 70,000 0 0 70,000 6,000 0 0 6,000 10,000 0 0 10,000 Total Recurring Revenues 4,010,500 0 0 4,010,500 Expenditures Wages / Benefits / Payroll Taxes 1,044,547 13,197 0 1,057,744 Supplies 113,300 0 0 113,300 Services & Charges 2,308,818 18,156 0 2,326,974 Snow Operations 497,200 0 0 497,200 Intergovernmental Payments 855,000 0 0 855,000 Vehicle rentals - #501 (non -plow vehicle rental) 21,250 0 0 21,250 Vehicle rentals - #501 (plow replace.) 77,929 0 0 77,929 Total Recurring Expenditures 4,918,044 31,353 0 4,949,397 Recurring Revenues Over (Under) Recurring Expenditures NONRECURRING ACTIVITY (907,544) (31,353) 0 (938,897) Revenues Transfers in - #122 0 120,000 0 120,000 Transfers in - #312 907,544 0 0 907,544 Total Nonrecurring Revenues 907,544 120,000 0 1,027,544 Expenditures Spare traffic signal equipment 0 0 68,000 68,000 Total Nonrecurring Expenditures 0 0 68,000 68,000 Nonrecurring Revenues Over (Under) Nonrecurring Expenditures 907,544 120,000 (68,000) 959,544 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures 0 88,647 (68,000) 20,647 Beginning fund balance 784,972 784,972 Ending fund balance 784,972 805,619 Page 3 of 3 P:\Finance\2019 Budget\Amendment #2\2019 05 28 Public Hearing & 1st Reading\Public Hearing\2019 Amendment No 2 Detail v2 for RCA.xlsx CITY OF SPOKANE VALLEY, WA 2019 Budget -Amendment #2 Line Item Detail 5/17/2019 Account Description Account Number Description / Justification Initial Budget Amendment Amended Budget #001 - General Fund Nonrecurring expenditures Heavy duty machinery & equipment 001.090.099.594.18.64.05 Heavy duty machinery & equipment 001.016.099.594.21.64.05 #101 - Street O&M Fund Expenditures Traffic Control Devices - Generator & installation for City Hall (carryover from 2018 Budget) Generator & installation for Precint (carryover from 2018 Budget plus revised installation cost) Total nonrecurring expenditures 0 203,000 203,000 0 200,000 200,000 403,000 Total of all General Fund revenues Total of all General Fund expenditures 0 403,000 101.042.099.542.64.48.44 - Spare traffic signal equipment Total expenditures Totals Across all Funds 0 68,000 68,000 68,000 Total revenues Total expenditures 0 471,000 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 Department Director Approval: Check all that apply: ['consent ❑ old business ® new business ['public hearing ['information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First reading of proposed Ordinance #19-006 which amends the 2019 Budget. GOVERNING LEGISLATION: In order for the City to amend an adopted budget, State law requires the Council to approve an ordinance that appropriates additional funds. PREVIOUS COUNCIL ACTION TAKEN: The Council last took formal action on the 2019 Budget when it was amended on March 26, 2019. On May 14, 2019, an Administrative Report was delivered to Council regarding the need for a budget amendment. Finally, earlier this evening a public hearing was held on this topic. BACKGROUND: Since the amendment of the 2019 Budget on March 26, 2019, a number of events have transpired in the normal course of operations that necessitate a second 2019 Budget amendment. The proposed amendments include: #001 - General Fund Provide additional appropriations (expenditures) of $403,000 comprised of: • $203,000 for the purchase and installation of a generator at City Hall. There was $200,000 in the 2018 Budget appropriated for this purchase; however, the project could not be completed before the end of 2018. The generator was discussed by Council last at the April 30, 2019 Council meeting when staff provided an update on the project. • $200,000 for the purchase and installation of a generator at the police precinct. There was $100,000 in the 2018 Budget appropriated for this purchase; however, the project could not be completed before the end of 2018 primarily due to the fact that installation costs at the precinct are much greater than what was previously anticipated. The generator was discussed by Council last at the April 30, 2019 Council meeting when staff provided an update on the project. #101 — Street O&M Fund Increase nonrecurring expenditures by $68,000 to purchase spare traffic signal equipment. The spare equipment will be used in emergencies or after equipment failure. Many of items included in the spare equipment purchase have long lead times, which could cause traffic signals to be down for weeks without spare equipment on hand to make repairs. The 2019 Budget amendment reflects the changes noted above and will affect 2 funds resulting in total expenditure increases of $471,000. 001 General Fund 101 Street O&M Fund 0 403,000 0 68,000 0 471,000 1 Revenue Expenditure Fund Fund Increase Increase No. Name (Decrease) (Decrease) 001 General Fund 101 Street O&M Fund 0 403,000 0 68,000 0 471,000 1 OPTIONS: Options are to accept the proposed amendments in whole or in -part. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance #19-006 amending the 2019 Budget to a second reading. BUDGET/FINANCIAL IMPACTS: This action amends the estimated revenues and appropriations for the 2019 Budget that was adopted on November 13, 2018 and amended on March 26, 2019. There are adequate funds available to pay for these amendments. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Draft Ordinance #19-006 2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 19-006 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING ORDINANCE 18-024, WHICH ADOPTED A BUDGET FOR THE PERIOD JANUARY 1, 2019 THROUGH DECEMBER 31, 2019, AS SUBSEQUENTLY AMENDED BY ORDINANCE 19-003; AND OTHER MATTERS RELATED THERETO. WHEREAS, the City Council approved Ordinance 18-024 on November 13, 2018, which adopted the 2019 annual budget; and WHEREAS, the City Council approved Ordinance 19-003 on March 26, 2019, which amended the 2019 annual budget, and WHEREAS, subsequent to the November 13, 2018 adoption and March 26, 2019 amendment of the 2019 annual budget, it has become necessary to make changes by adding new revenue, appropriations, amendments, and transferring funds in order to properly perform City functions, services and activities; and WHEREAS, the budget changes set forth in this Ordinance could not have been reasonably anticipated or known when the 2019 annual budget was passed by the City Council; and WHEREAS, the City Council has determined that the best interests of the City are served by amending the 2019 budget to reflect unanticipated revenue, expenditures, transfers, and appropriating the same as set forth herein. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington do ordain as follows: Section 1. Amended Revenues and Appropriations. Ordinance No. 18-024 adopted a budget for the twelve months beginning January 1, 2019 and ending December 31, 2019, and Ordinance 19-003 amended the budget for the same period. Each item, revenue, appropriation, and fund contained in Section 1 of Ordinance 18-024, as subsequently amended by Ordinance 19-003, is hereby further amended as set forth in Attachment A to this Ordinance, which is incorporated herein. Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 3. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. Ordinance 19-006 amending the 2019 budget Page 1 of 3 Passed by the City Council of the City of Spokane Valley this day of June 2019. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 19-006 amending the 2019 budget Page 2 of 3 ATTACHMENT A Sources Uses Fund No. Annual Appropriation Funds Beginning Fund Balance Revenues Total Sources Appropriations Estimated Ending Fund Balance Adopted via Ord. 18-024 Amended via Ord. 19-003 Amended via Ord. 19-006 Total Revenues Adopted via Ord. 18-024 Amended via Ord. 19-003 Amended via Ord. 19-006 Total Appropriations 001 General 36,817,956 45,537,322 500 0 45,537,822 82,355,778 43,033,369 7,459,300 403,000 50,895,669 31,460,109 101 Street O&M 784,972 4,918,044 120,000 0 5,038,044 5,823,016 4,918,044 31,353 68,000 5,017,397 805,619 103 Paths & Trails 5,417 9,200 0 0 9,200 14,617 0 0 0 0 14,617 104 Hotel/Motel Tax - Tourism Facilities 1,918,072 397,000 275,000 0 672,000 2,590,072 0 0 0 0 2,590,072 105 Hotel/Motel Tax 277,929 602,000 0 0 602,000 879,929 655,000 0 0 655,000 224,929 106 Solid Waste 431,359 1,726,300 0 0 1,726,300 2,157,659 1,726,300 0 0 1,726,300 431,359 107 PEG 84,831 76,000 0 0 76,000 160,831 71,100 0 0 71,100 89,731 120 CenterPlace Operating Reserve 300,000 0 0 0 0 300,000 0 0 0 0 300,000 121 Service Level Stabilization 5,500,000 0 0 0 0 5,500,000 0 0 0 0 5,500,000 122 Winter Weather Reserve 503,070 5,000 120,000 0 125,000 628,070 500,000 120,000 0 620,000 8,070 204 Debt Service LTGO 03 0 998,350 0 0 998,350 998,350 998,350 0 0 998,350 0 301 Capital Projects 2,480,268 1,022,000 0 0 1,022,000 3,502,268 1,370,947 0 0 1,370,947 2,131,321 302 Special Capital Projects 3,240,220 1,025,000 0 0 1,025,000 4,265,220 984,209 0 0 984,209 3,281,011 303 Street Capital Projects 66,906 5,432,987 6,443,000 0 11,875,987 11,942,893 5,432,987 6,443,000 0 11,875,987 66,906 309 Parks Capital Projects 39,294 1,907,096 0 0 1,907,096 1,946,390 1,812,095 0 0 1,812,095 134,295 310 Civic Facilities Capital Projects 857,737 9,000 0 0 9,000 866,737 0 0 0 0 866,737 311 Pavement Preservation 4,637,315 5,760,900 0 0 5,760,900 10,398,215 7,288,200 0 0 7,288,200 3,110,015 312 Capital Reserve 8,974,920 50,000 7,109,300 0 7,159,300 16,134,220 1,239,332 4,267,400 0 5,506,732 10,627,488 313 City Hall Construction 87,636 0 0 0 0 87,636 0 0 0 0 87,636 314 Railroad Grade Separation Projects 1,036,455 3,800,000 0 0 3,800,000 4,836,455 4,700,000 0 0 4,700,000 136,455 68,044,357 73,276,199 14,067,800 0 87,343,999 155,388,356 74,729,933 18,321,053 471,000 93,521,986 61,866,370 Sources Uses Revenues Appropriations Estimated Beginning Ending Fund Working Adopted via Amended via Amended via Total Total Adopted via Amended via Amended via Total Working No. Working Capital Funds Capital Ord. 18-024 Ord. 19-003 Ord. 19-006 Revenues Sources Ord. 18-024 Ord. 19-003 Ord. 19-006 Appropriations Capital 402 Stormwater Management 2,094,343 2,016,000 0 0 2,016,000 4,110,343 2,297,332 62,518 0 2,359,850 1,750,493 403 Aquifer Protection Area 1,840,005 787,200 0 0 787,200 2,627,205 832,600 0 0 832,600 1,794,605 501 Equipment Rental & Replacement 1,290,971 188,029 0 0 188,029 1,479,000 20,000 0 0 20,000 1,459,000 502 Risk Management 263,778 390,000 0 0 390,000 653,778 390,000 0 0 390,000 263,778 5,489,097 3,381,229 0 0 3,381,229 8,870,326 3,539,932 62,518 0 3,602,450 5,267,876 Total of all Funds 73,533,454 76,657,428 14,067,800 0 90,725,228 164,258,682 78,269,865 18,383,571 471,000 97,124,436 67,134,246 Ordinance 19-006 amending the 2019 budget Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 Department Director Approval: Check all that apply: ®consent [Fold business LJ new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST VOUCHER NUMBERS 05/08/2019 8156-8166 05/09/2019 47531-47574 (-47569); 6803347 05/09/2019 05/10/2019 05/13/2019 05/15/2019 05/16/2019 47575-47576 47577 47578-47608 8167-8176 47609-47659 GRAND TOTAL: TOTAL AMOUNT $1,296.00 $423,740.66 $30.00 $3,140.44 $383,065.97 $1,681.00 $434,569.31 $1,247,523.38 Explanation of Fund Numbers found on Voucher Lists #OO1. - General Fund 001.011.000.511. City Council 001.013.000.513. City Manager 001.013.015.515. Legal 001.016.000. Public Safety 001.018.013.513. Deputy City Manager 001.018.014.514. Finance 001.018.016.518. Human Resources 001.040.041. Engineering 001.040.042. Economic Development 001.040.043. Building 001.076.000.576. Parks & Rec—Administration 001.076.300.576. Parks & Rec-Maintenance 001.076.301.571. Parks & Rec-Recreation 001.076.302.576. Parks & Rec- Aquatics 001.076.304.575. Parks & Rec- Senior Center 001.076.305.571. Parks & Rec-CenterPlace 001.090.000.511. General Gov't- Council related 001.090.000.514. General Gov't -Finance related 001.090.000.517. General Gov't -Employee supply 001.090.000.518. General Gov't- Centralized Serv, 001.090.000.519. General Gov't -Other Services 001.090.000.540. General Gov't -Transportation 001.090.000.550. General Gov't -Natural & Eco. 001.090.000.595. General Gov't -Pavement Preser. 001.090.000.560. General Gov't -Social Services 001.090.000.594 General Gov't -Capital Outlay Other Funds: 101 — Street Fund 103 — Paths & Trails 105 — Hotel/Motel Tax 106 — Solid Waste 120 — CenterPlace Operating Reserve 121 — Service Level Stabilization Reserve 122 — Winter Weather Reserve 204 — Debt Service 301 — REET 1 Capital Projects 302 — REET 2 Capital Projects 303 — Street Capital Projects 309 -- Parks Capital Grants 310 — Civic Bldg. Capital Projects 311 --- Pavement Preservation 312 — Capital Reserve 314 — Railroad Grade Separation Projects 402 — Stormwater Management 403 — Aquifer Protection Area 501 — Equipment Rental & Replacement 502 — Risk Management RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists vchlist 05/08/2019 12:33:41 PM Voucher List Page: 1 Spokane Valley Bank code : pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 8156 5/8/2019 007178 ANKIEN, PRAISE PARKS REFUND 001.237.10.99 DEPOSIT REFUND: ROOM 111 52.00 Total : 52.00 8157 5/8/2019 007208 HUGHES, JACKIE PARKS REFUND 001.237.10.99 DEPOSIT REFUND: FIRESIDE LOUI 210.00 Total : 210.00 8158 5/8/2019 007209 NAUMCHUK, YULIYA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: BROWNS PARI 75.00 Total : 75.00 8159 5/8!2019 007210 NE WASHINGTON ESD 101 PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREAT ROOM!: 210.00 Total : 210.00 8160 5/8/2019 007211 NEWMAN, BRYTNEY PARKS REFUND 001.237.10.99 DEPOSIT REFUND: FIRESIDE LOUI 210.00 Total : 210.00 8161 5/8/2019 005369 NUTRITION FIRST PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREAT ROOM 210.00 Total : 210.00 8162 5/8/2019 005989 PAC WEST MACHINERY PARKS REFUND 001.237.10.99 DEPOSIT REFUND: ROOM 109 52.00 Total : 52.00 8163 5/8/2019 007212 SANTOS, TASI ANN PARKS REFUND 001.237.10.99 DEPOSIT REFUND: VALLEY MISSIC 75.00 Total : 75.00 8164 5/8/2019 002645 UNITED CHURCH OF GOD PARKS REFUND 001.237.10.99 DEPOSIT REFUND: ROOM 109 52.00 Total : 52.00 8165 5/8/2019 007213 VYALKIN, OKSANA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME 75.00 Total : 75.00 8166 5/8/2019 007214 WEED, MATTHEW PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME, 75.00 Total : 75.00 11 Vouchers for bank code : pk-ref Bank total : 1,296.00 11 Vouchers in this report Total vouchers : 1,296.00 Page: 1 vchIist 05/09/2019 9:33:58AM Voucher List Spokane Valley Page: Bank code: apbank Voucher Date Vendor Invoice 47531 5/9/2019 000958 AAA SWEEPING LLC 64020 47532 5/9/2019 000648 ABADAN REPROGRAPHICS 101856 47533 5/9/2019 000197 ACRANET 10481 47534 5/9/2019 002931 ALL WESTERN INDUSTRIAL SUPPLY 108050 47535 5/9/2019 007136 AMAZON CAPITAL SERVICES INC 1HPH-N7YQ-K9FR 1XQ1-W1 F-9RND 47536 5/9/2019 004439 BIRCH COMMUNICATIONS INC 27226297 47537 5/9/2019 003122 CALHOUN, MARK May 2019 47538 5/9/2019 000101 CDW-G SBD3975 SBH1735 47539 5/9/2019 006516 CITY OF SPOKANE VALLEY, PERMIT CEI BLA-2019-0013 47540 5/9/2019 003319 CO -ENERGY, CONNELL OIL 47541 5/9/2019 000508 CONOCOPHILLIPS FLEET 47542 5/9/2019 003255 DAY WIRELESS SYSTEMS 0254978 -IN 58977594 613128 Fund/Dept 402.402.000.531 001.040.041.543 001.018.016.518 101.000.000.542 001.040.041.543 001.040.041.543 001.076.305.575 001.013.000.513 001.090.000.518 001,090.000.518 001.016.000.521 101.000.000.542 001.033.000.518 Description/Account Amount STREET SWEEPING PRINT SERVICE 42,230.00 Total : 42,230.00 Total : BACKGROUND CHECKS FOR EMP Total : SUPPLIES: MAINTENANCE SHOP Total : SMALL TOOLS/MINOR EQUIP. - CP' SMALL TOOLS/MINOR EQUIP: CPV/ Total : PHONE SERVICE AT CENTERPLAC Total : MONTHLY AUTO ALLOWANCE FOR Total : COMPUTER HARDWARE NON -CAF COMPUTER HARDWARE NON -CAF Total : BLA-2019-0013 - JD'S DRAGON BL/ Total : VEHICLE REPAIR & MAINT. SUPPLI Total : APRIL 2019 FLEET FUEL BILL Total : 101.042.000.543 TOWER RENTAL 381.15 381.15 66.00 66.00 53.27 53.27 29.40 6.26 35.66 453.31 453.31 400.00 400.00 45.65 55.70 101.35 273.00 273.00 368.45 368.45 1,572.16 1,572.16 214,45 Page: vchlist 05/09/2019 9:33:58AM Voucher List Spokane Valley Page: �2— Bank code : apbank Voucher Date Vendor Invoice 47542 5/9/2019 003255 003255 DAY WIRELESS SYSTEMS 47543 5/9/2019 002604 DELL FINANCIAL SERVICES LLC 47544 5/9/2019 000278 DRISKELL, CARY 47545 5/9/2019 002157 ELJAY OIL COMPANY 47546 5/9/2019 003274 EXCHANGE PUBLISHING LLC 47547 5/9/2019 001447 FREE PRESS PUBLISHING INC 47548 5/9/2019 005474 FREIGHTLINER NORTHWEST 47549 5/9/2019 001253 GORDON THOMAS HONEYWELL 47550 5/9/2019 000007 GRAINGER (Continued) 79951063 EXPENSES 4286861 529200 529202 529203 529204 529205 529206 529208 49809 49810 49812 49813 49814 PC001444891:02 PC001445606:02 PC001446813:01 PC001447224:01 PC001447525:01 Apr19 1042 9150286343 Fund/Dept 001.090.000.548 001.013.015.515 001.040.041.543 001.040.043.558 001.040.043.558 001.040.043.558 001.040.043.558 001.040.043.558 001.013.000.513 001.013.000.513 001.040.043.558 001.040.043.558 001.040.043.558 001.040.043.558 001.013.000.513 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 001.011.000.511 Description/Account Amount Total : COMPUTER LEASE: 3 YR WORKS? Total : EXPENSE REIMBURSEMENT Total : FUEL FOR MAINTENANCE SHOP Total : LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total : Total : SUPPLIES: MAINTENANCE SHOP SUPPLIES: MAINTENANCE SHOP SMALL TOOLS/MINOR EQUIP.: MAI SUPPLIES: MAINTENANCE SHOP SUPPLIES: MAINTENANCE SHOP Total : GOVERNMENTAL AFFAIRS Total 214.45 2,982.97 2,982.97 657.97 657.97 2,136.28 2,136.28 114.75 72.00 59.25 58.46 82.95 17.38 36.34 441.13 153.60 256.00 67.15 92.65 25.00 594.40 11.43 10.89 435.60 14.41 23.96 496.29 4,596.12 4,596.12 101.042.000.543 SAFETY EQUIPMENT 77.62 Page: vehlist 05109/2019 9:33:58AM Voucher List Spokane Valley Page:L7 Bank code : apbank Voucher Date Vendor Invoice 47550 5/9/2019 000007 GRAINGER 47551 5/9/2019 000692 GUS JOHNSON FORD 47552 5/9/2019 000002 H & H BUSINESS SYSTEMS INC. 47553 5/9/2019 000313 INLAND ASPHALT COMPANY INC. 47554 5/9/2019 002518 INLAND PACIFIC HOSE & FITTINGS 47555 5/9/2019 003185 LAMB, ERIK (Continued) 9152238656 900190 AR111252 AR111253 AR111254 AR111255 AR111256 AR111257 PAY APP 1 1026338 EXPENSES 47556 5/9/2019 004850 NAVIA BENEFIT SOLUTIONS, HRA PLAN 10192463 47557 5/9/2019 000652 OFFICE DEPOT INC. 47558 5/9/2019 000058 OMA 47559 5/9/2019 007154 PAINE HAMBLEN LLP 47560 5/9/2019 001860 PLATT ELECTRIC SUPPLY 306474143001 306894663001 A500163 375068 U892137 Fund/Dept 001.040.041.543 402.402.000.531 001.011.000.511 001.018.014.514 001.018.016.518 001.013.000.513 001.013.015.515 001.040.043.558 311.000.252.595 101.000.000.542 001.013.015.515 001.018.016.518 001.018.014.514 001.090.000.518 001.018.016.518 001.013.015.515 001.033.000.518 Description/Account Amount SUPPLIES: CPW Total : SERVICE #6-400 - 2011 F-250 Total : COPIER COSTS: WEST WING/COU COPIER COSTS: IT COPIER COSTS: HR COPIER COSTS: OPS/ADMIN COPIER COSTS: LEGAL COPIER COSTS: PERMIT CTR Total : 0252 -CONSTRUCTION Total : SMALL TOOLS/MINOR EQUIP: MAID Total : EXPENSE REIMBURSEMENT Total : FLEX SPENDING ADMINISTRATION Total : OFFICE SUPPLIES: FINANCE SMALL TOOLS/MINOR EQUIP.: GEP Total : EMPLOYEE PHYSICAL EXAM Total : CONTRACT ATTORNEY SERVICES Total : 223.46 301.08 611.24 611.24 174.23 37.92 38.68 253.09 187.91 120.90 812.73 165,235.15 165,235.15 87.13 87.13 496.41 496.41 404.00 404.00 6.84 19.01 25.85 100.00 100.00 3,044.80 3,044.80 SUPPLIES: CITY HALL MAINTENAN 105.38 Page: --3----- vchlist 05/09/2019 9:33:58AM Voucher List Spokane Valley Page: P �r Bank code : apbank Voucher Date Vendor Invoice 47560 5/9/2019 001860 001860 PLATT ELECTRIC SUPPLY 47561 5/9/2019 004535 SHRED -IT USA LLC 47562 5/9/2019 006773 SMARSH 47563 5/9/2019 000230 SPOKANE CO AUDITORS OFFICE 47564 5/9/2019 000658 SPOKANE CO SUPERIOR COURT 47565 5/9/2019 000658 SPOKANE CO SUPERIOR COURT 47566 5/9/2019 000658 SPOKANE CO SUPERIOR COURT 47567 5/9/2019 004099 SPOKANE VALLEY ACE HARDWARE 47568 5/9/2019 000065 STAPLES ADVANTAGE VOW _ l c`©rrccr Cii1V(.7, / 14- — W ' 4756 5/9/2019 99&113 THOMPSON, LINDA 47570 5/9/2019 006474 TYPECRAFT INC 47571 5/9/2019 000964 VOLT MANAGEMENT CORP 47572 5/9/2019 001885 ZAYO GROUP LLC (Continued) 8127190340 INV00501617 APRIL 2019 3550.431 3550.81 3550.123 25727 3410502057 3410502062 3410502064 -EXPENSES 81101 42461050 2019050005522 Fund/Dept Description/Account Amount Total : 001.090.000.518 DOCUMENT DESTRUCTION 001.011.000.511 TEXT MESSAGING ARCHIVING CO: 001.040.043.558 RECORDING FEES 001.013.015.515 FILING FEE 001.013.015.515 FILING FEE 001.013.015.515 FILING FEE 101.042.000.542 SUPPLIES: STREET DEPT Total : 001.040.043.558 001.040.043.558 001.040.043.558 001.011.000.61.4 001.040.042.558 001.090.000.518 001.090.000.518 Total : Total : Total : Total : Total : Total : OFFICE SUPPLIES: COMM. DEV. OFFICE SUPPLIES: COMM. DEV. OFFICE SUPPLIES: COMM. DEV. Total : RC4M URSEMCI : 1s4AT'L LEAGUE ADVERTISING HELP DESK TEMP INTERNET 105.38 156.30 156.30 356.03 356.03 479.00 479.00 240.00 240.00 200.00 200.00 200.00 200.00 12.85 12.85 477.24 7.39 73.88 558.51 3,140.00 Total : 3,140.68 Total Tota! : 84.94 84,94 1,152.00 1,152.00 626.70 Page: uchlist 05/09/2019 9:33:58AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 47572 5/912019 001885 001885 ZAYO GROUP LLC (Continued) 47573 5/9/2019 001885 ZAYO GROUP LLC 2019050003578 47574 519/2019 001885 ZAYO GROUP LLC 2019050025710 6803347 5/3/2019 000001 SPOKANE CO TREASURER APRIL 2019 Total : 626.70 001.090.000.518 NETWORK INFRASTRUCTURE Total : 001.090.000.518 INTERNET SERVICE Total : 001.016.000.512 SPOKANE COUNTY SERVICES Total : 260.93 260.93 242.10 242.10 189,893.57 189,893.57 45 Vouchers for bank code : apbank Bank total : 426,881.34 45 Vouchers in this report Total vouchers : 1, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that 1 am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date 426, 881.34 3/4f/. &e Page: vchlist 05/09/2019 9:41:20AM Voucher List Spokane Valley 7 Page: —1— Sank code : apbank Voucher Date Vendor Invoice 47575 5/9/2019 005869 SIMANTON, JIM 47576 5/9/2019 005705 WEEDEN, STEVE & KATHY 2 Vouchers for bank code : apbank 2 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Fund/Dept CRY WOLF REFUND 001.016.000.342 CRY WOLF REFUND 001.016.000.342 Description/Account Amount REISSUE REFUND PERMIT V2423 - Total REISSUE REFUND PERMIT V2571 - Total : Bank total : Total vouchers : 15.00 15.00 15.00 15.00 30.00 30.00 Page: vchlist 05110120'19 12:47:51 PM Voucher List Page: r-1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 47577 5/10/2019 006413 THOMPSON, LINDA EXPENSES 001.011.000.511 REIMBURSEMENT: NAT'L LEAGUE 3,140A4 Total : 3,140.44 1 Vouchers for bank code : apbank Bank total : 3,140.44 Total vouchers : 3,140.44 1 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: ✓fes achlist 05/13/2019 11:38:19AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 47578 5/13/2019 000394 AM LANDSHAPER [NC 47579 5/13/2019 000334 ARGUS JANITORIAL LLC 47580 5/13/2019 007010 AWC 47581 5/13/2019 004231 BELSBY ENGINEERING 47582 5/13/2019 001862 BISCHOFF, PATTY 47583 5/13/2019 001169 CITY OF SPOKANE VALLEY Pay App 3 INV05058 72123 18500 Expenses 4/12/2019 47584 5/13/2019 006516 CITY OF SPOKANE VALLEY, PERMIT CEI BLD -2019-0769 47585 5/13/2019 000326 CONSOLIDATED IRRIGATION #19 47586 5/13/2019 000246 EAST SPOKANE WATER DIST #1 47587 5/13/2019 000869 EVCO SOUND & ELECTRONICS April 2019 April 2019 April 2019 7239 47588 5/13/2019 003188 GENERAL FIRE EXTINGUISHER SERV 79694 47589 5/13/2019 006515 HELBIG, BILL Expenses Fund/Dept Description/Account 309.000.280.594 001.033.000.518 001.011.000.511 001.040.041.558 001.076.000.576 001.040.042.558 309.000.280.594 402.402.000.531 001.076.300.576 402.402.000.531 001.033.000.518 001.076.305.575 001.040.041.543 Amount 0280 -CONSTRUCTION Total : 339,771.70 339,771.70 JANITORIAL SVCS: CITY HALL, PRI 9,229.99 Total : 9,229.99 AWC ANNUAL CONFERENCE REGI Total : PROFESSIONAL SERVICES EXPENSE REIMBURSEMENT Total : Total : PETTY CASH: 15692, 93, 94, 95 Total : BLA-2019-0769 PLACEMENT OF RE Total : UTILITIES: APRIL 2019 CPW UTILITIES: APRIL 2019 PARKS AND Total : WATER CHARGES FOR APRIL 201 . Total : RETAINER 1N LIEU OF BOND Total : FIRE EXTINGUISHER SVC AT CEN -1 Total : 2,400.00 2,400.00 1,955.00 1,955.00 168.23 168.23 7.30 7.30 1,881.94 1,881.94 231.10 316.38 547.48 26.00 26.00 264.60 264.60 157.85 157.85 EXPENSE REIMBURSEMENT 556.51 Total : 556.51 Page: vch list 05113/2019 11:38:19AM Voucher List Spokane Valley iG Page: Bank code : apbank Voucher Date Vendor Invoice 47590 5/13/2019 000441 HOME DEPOT CREDIT SERVICES 47591 5/13/2019 007217 HONG, LOLO 47592 5/13/2019 000070 INLAND POWER & LIGHT CO 47593 5/13/2019 000388 IRVIN WATER DIST. #6 47594 5/13/2019 006579 JACKSON, ADAM 47595 5/13/2019 005472 JOHNSON, JOHN 47596 5/13/2019 000910 MANTZ, GLORIA 47597 5/13/2019 005238 PHILLIPS, CHAD 47598 5/13/2019 001860 PLATT ELECTRIC SUPPLY 47599 5/13/2019 000709 SENSKE LAWN & TREE CARE INC. 47600 5/13/2019 005012 SPOKANE CO ENVIRONMENTAL 47601 5/13/2019 000324 SPOKANE CO WATER DIST#3 April 2019 CSV Refund March 2019 April 2019 Expenses Expenses Expenses Expenses U843523 U849241 U877868 9080692 9080726 061445/137624 April 2019 Fund/Dept 101.042.000.542 001.000.000.321 101.042.000.542 001.076.300.576 001.040.041.558 402.402.000.531 001.040.041.543 402.402.000.531 001.016.016.521 001.016.016.521 001.076.305.575 001.076.305.575 001.076.305.575 309.000.280.594 402.402.000.531 Description/Account Amount SUPPLIES: ENGINEERING Total : CSV ENDORSEMENT REFUND Total : UTILITIES: MARCH 2019 Total : UTLUT1ES: PARKS AND CPW APRIL Total : EXPENSE REIMBURSEMENT Total : EXPENSE REIMBURSEMENT Total : EXPENSE REIMBURSEMENT Total : EXPENSE REIMBURSEMENT Total : SUPPLIES FOR PRECINCT SUPPLIES FOR PRECINCT SUPPLIES FOR CENTERPLACE Total : IRRIGATION REPAIR/REROUTE AT M1SC PARK REPAIR: INSTALLADA Total : APPLEWAY TRAIL RESTROOM Total : 454.83 454.83 13.00 13.00 443.88 443.88 175.00 175.00 16.09 16.09 112.23 112.23 67.82 67.82 20.17 20.17 6.93 980.10 117.35 1,104.38 5,062.54 189.09 5,251.63 8,190.00 8,190.00 WATER CHARGES FOR APRIL 201 192.91 Page: �2� vchlist 05113/2019 11:38:19AM Voucher List Page: Spokane Valley Bank code : apbank Voucher Date Vendor invoice Fund/Dept Description/Account Amount 47601 5/13/2019 000324 000324 SPOKANE CO WATER DIST #3 (Continued) Total : 192.91 47602 5/13/2019 007187 SPOKANE LANDSCAPING & 1009 001.033.000.518 LANDSCAPING SERVICES AT CITY 1,034.55 Total : 1,034.55 47603 5/13/2019 000420 SPOKANE REGIONAL HEALTH DIST 2019 001.076.302.576 PERMIT FEES FOR WATER REC F/ 2,660.00 Total : 2,660.00 47604 5/13/2019 000404 SPOKANE VALLEY HERITAGE MUSEUM 2019 001.090.000.560 2019 SOC SER/ECO DEV REIMBUR 239.34 Total : 239.34 47605 5/13/2019 007107 STANTEC CONSULTING SVCS INC 1498013 001.040.043.558 PROFESSIONAL SERVICES 1,511.25 Total : 1,511.25 47606 5/13/2019 007159 THE HOME DEPOT PRO 480808260 001.033.000.518 SUPPLIES FOR CITY HALL 185.54 485015002 001.033.000.518 SUPPLIES FOR CITY HALL 383.32 Total : 568.86 47607 5/13/2019 000167 VERA WATER & POWER April 2019 101.042.000.542 UTILITIES: APRIL 2019 3,946.18 Total : 3,946.18 47608 5/13/2019 007216 WARD, PAULETTE EVA BLD -2019-1020 001.040.043.322 PERMIT REFUND: BLD -2019-1020 97.25 Total : 97.25 31 Vouchers for bank code apbank Bank total : 383,065.97 31 Vouchers in this report Total vouchers : 383,065.97 Page: vchlist 05/15/2019 10:14:14AM Voucher List Spokane Valley Page: Bank code : pk-ref Voucher Date Vendor invoice 8167 5/15/2019 007153 567 WORKSHOPS 8168 5/15/2019 000030 AVISTA 8169 5/15/2019 007219 BARRETT, SAMANTHA 8170 5/15/2019 006134 CHURCH OF THE RESURRECTION 8171 5/15/2019 004931 DUNCAN MOTIVATION INC 8172 5/15/2019 007215 HOWARD, ASHLEY 8173 5/15/2019 004821 IIA 8174 5/15/2019 007220 KATHRENS, JULIE 8175 5/15/2019 007218 KEATTS, RACHAEL 8176 5/15/2019 003785 TARGET 10 Vouchers for bank code : pk-ref 10 Vouchers in this report PARKS REFUND PARKS REFUND PARKS REFUND PARKS REFUND PARKS REFUND PARKS REFUND PARKS REFUND PARKS REFUND PARKS REFUND PARKS REFUND Fund/Dept Description/Account Amount 001.237.10.99 DEPOSIT REFUND: GREAT ROOM/: Total : 001.237.10.99 DEPOSIT REFUND: GREAT ROOM/: Total : 001.237.10.99 DEPOSIT REFUND: VALLEY MISSIC Total 001.237.10.99 CANCELLATION REFUND: TERRAC Total : 001.237.10.99 DEPOSIT REFUND: GREAT ROOM/: Total : 001.237.10.99 DEPOSIT REFUND: GREAT ROOM/: Total : 001.237.10.99 CANCELLATION REFUND: ROOM 1 Total : 001.237.10.99 DEPOSIT REFUND: GREENACRES Total : 001.237.10.99 DEPOSIT REFUND: DISCOVERY PF Total : 001.237.10.99 2ND REISSUE DAMAGE DEPOSIT C Total : Bank total : 52.00 52.00 168.00 168.00 75.00 75.00 159.00 159.00 210.00 210.00 500.00 500.00 315.00 315.00 75.00 75.00 75.00 75.00 52.00 52.00 1,681.00 Total vouchers : 1,681.00 Page: vchlist 05/16/2019 8:18:06AM Voucher List Spokane Valley Page: —I Bank code : apbank Voucher Date Vendor Invoice 47609 5/16/2019 000648 ABADAN REPROGRAPHICS 47610 5/16/2019 006937 ADVANCE AUTO PARTS 47611 5/16/2019 001107 ADVANCEDTRAFF1C PRODUCTS 47612 47613 47614 5/16/2019 000394 AM LANDSHAPER INC 101969 102012 102391 102664 1921-282585 1921-282604 1921-282606 1921-282639 1921-282800 1921-282922 1921-282925 1921-282936 0000023542 0000023609 Fund/Dept 303.000.278.595 303.000.279.595 001.040.041.543 311.000.290.595 001.040.041.558 001.040.041.558 001.040.041.558 001.040.041.558 101.042.000.542 101.042.000.542 101.042.000.542 101.042.000.542 303.000.287.595 303.000.287.595 18-063 RETAINAGE 309.223.40.00 5/16/2019 003337 ARROW CONSTRUCTION SUPPLY INC 235500 5/16/2019 002891 BASIN SOD INCORPORATED 11256 11397 11400 11428 273981 273990 273994 CM273982 101.042.000.542 402.402.000.531 309.000.282.594 309.000.282.594 309.000.282.594 309.000.282.594 309.000.282.594 309.000.282.594 402.402.000.531 Description/Account Amount PRINT SERVICE PRINT SERVICE SUPPLIES FOR PLOTTER PRINT SERVICE Total : VEHICLE REPAIR & MAINT SUPPLII VEHICLE REPAIR & MAINT SUPPLII VEHICLE REPAIR & MAINT SUPPLII VEHICLE REPAIR & MAINT SUPPLII SUPPLIES: STREET SUPPLIES: STREET SUPPLIES: STREET VEHICLE REPAIR & MAINT SUPPLII Total : 0287- SIGNAL EQUIPMENT 0287- SIGNAL EQUIPMENT 0280 - RETAINAGE RELEASE Total : Total : EQUIPMENT RENTAL: STREET Total : SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES: STREET/STORMWATEF Total : 604.04 577.63 121.23 545.72 1,848.62 436.58 466.15 59.63 -436.58 20.55 16.00 6.08 21.31 589.72 12,205.63 25,234.57 37,440.20 7,346.81 7,346.81 652.80 652.80 39.44 315.76 293.76 293.76 179.64 10.76 42.32 -22.00 1,153.44 Page: �✓I vchlist Voucher List 05116/2019 8:18:06AM Spokane Valley Page: Bank code: apbank Voucher Date Vendor Invoice 47615 5/16/2019 001117 BASINGER, MICHAEL 47616 5/16/2019 003122 CALHOUN, MARK 47617 5/16/2019 007114 CARDINAL INFRASTRUCTURE LLC 47618 5/16/2019 005240 CASCADE SIGNAL CORPORATION 47619 5/16/2019 002562 CD'A METALS 47620 5/16/2019 007155 CERTIFIED LABORATORIES 47621 5/16/2019 000840 CLARY, AARON 47622 5/16/2019 000683 DAVID EVANS & ASSOCIATES 47623 5/16/2019 000823 DEPT OF LABOR & INDUSTRIES 47624 5/16/2019 000734 DEPT OF TRANSPORTATION EXPENSES EXPENSES 1483 4394 463067 463850 464618 465794 3477181 EXPENSES 442515 442574 305458 RE-313-ATB90415043 RE-313-ATB90415054 RE-313-ATB90429002 47625 5/16/2019 006586 DILLARD, TAYLOR EXPENSES Fund/Dept 001.040.042.558 001.013.000.513 001.011.000.511 303.000.287.595 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 402.402.000.531 303.000.281.518 314.000.143.595 101.042.000.543 101.042.000.542 101.042.000.542 311.000.248.595 001.040.042.558 Description/Account Amount EXPENSE REIMBURSEMENT Total : EXPENSE REIMBURSEMENT Total : PROFESSIONAL SERVICES 0287 --SIGNAL EQUIPMENT Total : Total : HENKE PLOW VEHICLE REPAIR & MAINT. SUPPLI VEHICLE REPAIR & MAINT. SUPPL'. VEHICLE REPAIR & MAINT. SUPPL' Total : VEHICLE REPAIR & MAINTENANCE Total : EXPENSE REIMBURSEMENT Total : 0281 -ENGINEERING SERVICES 0143 -DESIGN SERVICES Total : BOILER/PRESSURE VESSEL 1NSPE Total : REIMBURSE TRAFFIC SVCS REIMBURSE ROADWAY MAINTENP 0248 - CONSTRUCTION ENGINEER Total : 110.35 110.35 235.43 235.43 7,236.62 7,236.62 1,369.69 1,369.69 1,200.98 85.99 462.54 87.29 1,836.80 720.26 720.26 129.49 129.49 2,617.98 117,519.83 120,137.81 46.60 46.60 2,985.40 45, 347.03 374.43 48,706.86 EXPENSE REIMBURSEMENT 18.06 Page: r2� vehlist 05/16/2019 8:18:06AM Voucher List Spokane Valley Page: Sank code : apbank Voucher Date Vendor Invoice 47625 5/16/2019 006586 006586 DILLARD, TAYLOR 47626 5/16/2019 003682 EPIC LAND SOLUTIONS INC 47627 5/16/2019 000869 EVCO SOUND & ELECTRONICS 47628 5/16/2019 002975 FREEDOM SALES AND SUPPLY LLC 47629 5/16/2019 004806 GIBSON'S NURSERY & LANDSCAPE 47630 5/16/2019 003297 HIGGINS, LEWES ROD 47631 5/16/2019 000421 HOHMAN, JOHN 47632 5/16/2019 001104 MCCAIN INC. 47633 5/16/2019 002259 MENKE JACKSON BEYER LLP 47634 5/16/2019 000662 NAT'L BARRICADE & SIGN CO 47635 5/16/2019 001546 NORCO INC 47636 5/16/2019 003090 NORTH 40 OUTFITTERS (Continued) 0419-0857 Fund/Dept 303.000.249.595 RETAINAGE RELEASE 107.223.40.00 2019290 79399 EXPENSES EXPENSES INV0240147 419 480 480 103172 103349 103390 30095941810 Description/Account Amount Total : 0249 -REAL ESTATE SERVICES Total : C1P 0246 RETAINAGE RELEASE Total : 001.090.000.519 FIRST AID SUPPLIES 001.033.000.518 001.011.000.511 001.018.013.513 303.000.287.595 001.013.015.515 001.013.015.515 001.013.015.515 001.040.041.543 101.042.000.543 001.040.041.558 101.000.000.542 089443/3 101.042.000.543 Total : COLORADO GREEN SPRUCE TREE Total : EXPENSE REIMBURSEMENT Total : EXPENSE REIMBURSEMENT Total : 0287 -SIGNAL EQUIPMENT PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES Total : Total : SUPPLIES: CPW SAFETY EQUIPMENT: CPW STREE SUPPLIES: CPW Total : SUPPLIES: MAINTENANCE SHOP Total : 18.06 3,252.72 3,252.72 11,103.96 11,103.96 14.02 14.02 1,061.78 1,061.78 196.27 196.27 181.01 181.01 3,909.51 3,909.51 114.99 1,204.00 247.25 1,566.24 106.18 71.87 73.83 251.88 267.10 267.10 SUPPLIES: MAINTENANCE SHOP 21.77 Page: �3� vchlist 05/16/2019 8:18:06AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 47636 5/16/2019 003090 003090 NORTH 40 OUTFITTERS 47637 5/16/2019 000652 OFFICE DEPOT INC. (Continued) 284824847001 298931668001 299529525001 299529988001 301385420001 304676719001 304676719002 305315148001 306947818001 306948653001 306948654001 307284967001 307285027001 310614667001 47638 5/16/2019 004621 OREILLY AUTOMOTIVE STORES INC 2862-332186 2862-332420 47639 5/16/2019 005049 PEDERSON, MICHAEL ROY 47640 5/16/2019 005238 PHILLIPS, CHAD 47641 5/16/2019 005968 PRECISE MRM LLC 47642 5/16/2019 000019 PURFECT LOGOS LLC 47643 5/16/2019 007221 REES, CYDNEY 47644 5/16/2019 002520 RWC GROUP APRIL 2019 EXPENSES I N200-1021011 51350 PARCEL 55061.9063 94451N Fund/Dept 001.040.041.543 001.040.041.543 001.040.041.543 001.040.041.543 001.040.041.543 001.040.041.543 001.040.041.543 001.040.041.543 001.040.041.543 001.040.041.543 001.040.041.543 001.076.000.576 001.076.305.575 001.018.016.518 101.042.000.542 101.042.000.542 101.042.000.542 402.402.000.531 402.402.000.531 001.040.043.558 303.000.276.595 101.000.000.542 Description/Account Amount Total : OFFICE SUPPLIES: ENGINEERING OFFICE SUPPLIES: ENGINEERING, SMALLTOOLS/MINOR EQUIP: ENG SMALL TOOLS/MINOR EQUIP: ENG OFFICE SUPPLIES: ENGINEERING OFFICE SUPPLIES: ENGINEERING, OFFIE SUPPLIES: ENGINEERING/C OFFICE SUPPLIES: ENGINEERING, SMALL TOOLS/MINOR EQUIP: ENG OFFICE SUPPLIES: ENGINEERING, OFFICE SUPPLIES: ENGINEERING, OFFICE SUPPLIES: CENTERPLACE OFFICE SUPPLIES: CENTERPLACE OFFICE SUPPLIES: HR SUPPLIES: STREET SUPPLIES: STREET DEAD ANIMAL REMOVAL Total : Total : Total : EXPENSE REIMBURSEMENT Total : DATA PLAN CUBICLE NAMES Total : Total : CIP 0276: ROW ACQUISITION Total : 21.77 17.59 52.31 352.80 48.84 83.60 12.72 4.86 5.67 52.27 10.33 10.91 60.92 15.24 190.52 918.58 7.88 11.85 19.73 900.00 900.00 103.84 103.84 275.00 275.00 81.68 81.68 3,500.00 3,500.00 VEHICLE MAINTENANCE & REPAIF 95.20 Page: vchlist 05/16/2019 8:18:06AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 47644 5/16/2019 002520 RWC GROUP 47645 5/16/2019 002288 SARGENT ENGINEERS INC. 47646 5/16/2019 001140 SPECIAL ASPHALT PRODUCTS, INC 47647 5/16/2019 000090 SPOKANE CO INFO SYSTEMS 47648 5/16/2019 000001 SPOKANE CO TREASURER 47649 5/16/2019 002540 SPOKANE HOUSE OF HOSE INC. 47650 5/16/2019 000854 SPW LANDSCAPE ARCHITECTS 47651 5/16/2019 004740 THOMSON REUTERS -WEST 47652 5/16/2019 001660 TITAN TRUCK EQUIP CO INC 47653 5/16/2019 002597 TWISTED PAIR ENTERPRISES LLC 47654 5/16/2019 006846 US LINEN & UNIFORM INC (Continued) 96843N 98484N 32320 INVC080016 50318502 51504877 737056 1755.12 840221950 1232593 4312019 2335504 2339307 2343118 2346924 Fund/Dept 101.000.000.542 101.000.000.542 101.043.000.542 101.042.000.542 001.011.000.511 001.016.000.523 101.042.000.542 303.303.123.595 001.013.015.515 101.042.000.542 001.011.000.511 101.042.000.543 101.042.000.543 101.042.000.543 101.042.000.543 Description/Account Amount VEHICLE MAINTENANCE & REPAIR VEHICLE MAINTENANCE & REPAIR Total : PROFESSIONAL SERVICES - ENG1 SUPPLIES: STREET DEPT 518.39 59.76 673.35 7,058.00 Total : 7,058.00 Total : COUNTY 1T SUPPORT APRIL 2019 Total : MAY 2019 HOUSING SUPPLIES: STREET 0123 -LANDSCAPE DESIGN SUBSCRIPTION CHARGES 147.02 147.02 17,339.87 17,339.87 116,443.56 Total : 116,443.56 Total : 50.82 Total : 105.65 Total : 821.98 50.82 SADDLE BOX FOR VEHICLE #5-21f. Total : BROADCASTING COUNCIL MTGS Total : SUPPLIES: MAINTENANCE SHOP SUPPLIES: MAINTENANCE SHOP SUPPLIES: MAINTENANCE SHOP SUPPLIES: MAINTENANCE SHOP Total : 105.65 821.98 788.29 788.29 1,584.00 1,584.00 30.66 30.66 30.66 30.66 122.64 Page: vchlist 05/16/2019 8:18:06AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 47655 5/16/2019 001887 VALMONT 47656 5/16/2019 000087 VERIZON WIRELESS 47657 5/16/2019 003015 WA ASPHALT PAVEMENT ASSOC 47658 5/16/2019 000158 WELCH COMER & ASSOC. INC 47659 5/16/2019 002497 WILBERT PRECAST INC 51 Vouchers for bank code : apbank 51 Vouchers in this report CD2153326 CD2153716 9828425952 Fund/Dept 101.042.099.542 101.042.099.542 Description/Account Amount SIGNAL POLE SIGNAL POLE Total : 001.033.000.518 APRIL 2019 CELL PHONE/DEVICE Total : 22414 001.040.041.558 ASPHALT WORKSHOPS & TRAININ Total : 51060001-R05 51068000-004 51068000-005 51068000-006 1084920 303.000.249.595 101.042.000.542 101.042.000.542 101.042.000.542 0249 -DESIGN SERVICES ENGINEERING SERVICES ENGINEERING SERVICES ENGINEERING SERVICES 402.402.000.531 CURB INLET Total : Total : Bank total : Total vouchers : 202.55 788.44 990.99 3,635.54 3,635.54 160.00 160.00 5,558.42 9,733.89 8,199.97 3,726.34 27, 218.62 224.33 224.33 434,569.31 434,569.31 Page: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 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 May 15, 2019 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Budget/Financial impacts: Employees Total Gross: $ 306,569.62 $ 306,569.62 Benefits: $ 65,160.50 $ 65,160.50 Total payroll $ 371,730.12 $ 371,730.12 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 SPOKANE VALLEY COUNCIL MEETING REGULAR MEETING, FORMAL FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington May 14, 2019 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Councilmembers Staff Rod Higgins, Mayor Pam Haley, Deputy Mayor Brandi Peetz, Councilmember Linda Thompson, Councilmember Ben Wick, Councilmember Sam Wood, Councilmember Arne Woodard, Councilmember Mark Calhoun, City Manager John Hohman, Deputy City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Mike Stone, Parks & Recreation Director Chelsie Taylor, Finance Director Lori Barlow, Senior Planner Mike Basinger, Economic Development Mgr. Christine Bainbridge, City Clerk INVOCATION: Pastor Al Hulten of Valley Assembly Church gave the invocation. PLEDGE OF ALLEGIANCE Council, staff, and 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 Haley, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Thompson: stated that she attended the local law enforcement memorial at the downtown Spokane County Regional Safety Building and that there were many honored law enforcement officers; said she attended the Jr. Lilac Parade which she said had great representation from the valley; and said that last night was the end -of -the -school year meeting of the Spokane Valley Youth Voice, and said they will resume in the fall with a town hall in October, with more information coming later. Councilmember Wick: said he also attended the Lilac Parade and it was a great event and the weather was perfect; he mentioned Visit Spokane has completed their tourism map and visitor's guide for Spokane Valley, and that he will probably bring that up under the advance agenda to consider inviting them in to show off those documents; said he also received word that Visit Spokane Vice President has submitted his resignation; regarding the Health Board, said they are re -discussing the strategic plan, and that he and Councilmember Thompson were able to get an amendment on that plan to list fiscal responsibility as one of their core values. Councilmember Peetz: reported that she attended the Revel ribbon cutting, that Revel is a 55+ community that promotes a healthy lifestyle by offering wellness services and community amenities such as a spa, fitness center, and more; said she attended the business showcase at the Mirabeau Park Hotel where she learned a lot about some of our local businesses; said she also attended the Law Enforcement memorial, and that they have 327 names engraved on their memorial; she went to the Gateway Bridge celebration in the University District; said she went to the Jr. Lilac parade; said the Medical Examiner facility had a ground breaking ceremony this week and the building has a scheduled completion date of 2020; and that she attended today's Solutions Summit concerning what happened in the legislature. Council Study Session: 05-14-2019 Page 1 of 12 Approved by Council: DRAFT Councilmember Woodard: said he went to the SRTC (Spokane Regional Transportation Council) technical advisory committee (TEC) meeting, which committee is being revised with the goal of having that committee more active from a citizen standpoint; he attended a Leadership NW Prayer Breakfast; said he attended several Chamber meetings such as the Business Showcase at the Mirabeau Hotel, which he said was a sold -out event; that he and others met our federal delegation and their staff in Washington, D.C. and had great discussions with them as well as with members from the U.S. Department of Transportation who gave them information on what they'd like to see on our grant applications; said he attended a Chamber Government Affairs committee meeting yesterday with three school superintendents concerning several budget issues; and that he also attended today's Solutions Summit concerning what happened in the legislature. Deputy Mayor Haley: said she was among those who traveled to Washington, D.C.; adding that the Department of Transportation is encouraging people to contact them prior to submitting an application; that the Department of Transportation will review the application and give suggestions on how to make it stronger, adding that they were very supportive of our projects; said that while she was in D.C., it was National Police Officer week and said it was very interesting to see the various police officer uniforms. MAYOR'S REPORT Mayor Higgins reported that on behalf of Spokane Valley, he gave the welcoming address at the Jr. Livestock show for their awards ceremony; attended the Clean Air meeting, and mentioned that the Spokane Regional Clean Air Agency is celebrating their 50th anniversary; attended the Business Showcase; said he also traveled to D.C. and while there the lobbyist fit in a meeting for him with Amazon and their acquisition people, and he learned how they make those location decisions; said he told them that Spokane Valley might be of interest to them; said he attended the Aging and Long Term Care Board meeting; went to the Jr. Lilac Parade, and said that yesterday he met briefly with representatives from the MAC Center as they discussed how they could join us in various events or on various issues; and that he attended the Washington Policy Center Solution Summit; and today read a proclamation and attended the Valley Partners mortgage burning ceremony. PROCLAMATIONS: Mayor Higgins read the `National Clean Air Month" proclamation which was accepted with thanks by Ms. Julie Oliver, Executive Director of the Spokane Regional Clean Air Agency. 1. 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 May 14, 2019 Request for Council Action Form Total: $2,725,724.40 b. Approval of Payroll for Pay Period Ending April 30, 2019: $512,941.78 c. Approval of April 16, 2019, Council Meeting Minutes, Study Session d. Approval of April 23, 2019, Council Meeting Minutes Regular Formal e. Approval of April 30, 2019, Council Meeting Minutes, Study Session It was moved by Deputy Mayor Haley, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2. First Reading Ordinance 19-004 Comprehensive Plan Amendments — Lori Barlow, Mike Basinger After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Haley and seconded to advance Ordinance 19-004, Comprehensive Plan Amendments, to a second reading as proposed. Mr. Basinger explained that he and Ms. Barlow previously provided an overview of the 2019 Comprehensive Plan Amendments, and at that previous meeting, there was Council consensus to include the Planning Commission recommendations for all the proposed amendments except 2019-0003 which had resulted in a tie vote from the Planning Commission, which meant there was no recommendation. Mr. Basinger further explained that as a placeholder, Council requested that the forthcoming ordinance include the conclusion contained in the staff report relative to 2019-0003; and said that the ordinance reflects those recommendations. He also stated that if Council chooses to amend the ordinance, Council will need to Council Study Session: 05-14-2019 Page 2 of 12 Approved by Council: DRAFT develop a basis for such amendment using the approval criteria contained in the Spokane Valley Municipal Code 17.80.140(h). Ms. Barlow then went through the PowerPoint presentation explaining the amendment process and steps taken to -date, and then gave the highlights of each request; followed by Mr. Basinger reviewing the City initiated text amendments. Mr. Basinger reminded Council that if Council desires to modify the recommendations in today's ordinance concerning CPA 2019-0003, staff suggests Council look at the criteria listed on slide 16 to ensure that findings will be based on criteria listed in the Spokane Valley Municipal Code 17.80.140(h). Mayor Higgins asked about taking amendments 1, 2, 3, and 9 separately; and then take 4, 5, 6, 7, 8 and 10 as a group as the Planning Commission did; and with that, Council can amend or not or at least give staff instruction on Council's direction for the amendments. Mr. Basinger agreed with that strategy. Comp Plan Amendment 2019-0001, change the land use from I (industrial) to SFR (single family residential) and the zoning from I to R-3; the Planning Commission recommendation was five to zero to deny the request: Mayor Higgins asked if Councilmembers had any objections to moving forward as recommended by the Planning Commission. There were no objections. After some discussion about the process of discussing each amendment and taking public comment, it was determined to go through the amendments one at a time. For CPA 2019-0001, Mayor Higgins invited questions from Council; none were asked. Mayor Higgins invited public comment. Mr. John Crull, Seattle: said he is representing his father who is an impacted property owner; he thanked staff for being so helpful; said he and his father used to own both of the impacted properties on this item, and currently own one which is a rental home; said they submitted oral and written comments and testified at the Planning Commission hearing; to clarify, he said that both of those properties still have residential homes even though they are zoned industrial; that both homes are 'on their very last legs' and need substantial reinvestment to be able to have a future life; and given the industrial character of that Park Road corridor, said it does not warrant residential re -development or significant re -investment to keep those as residences; said their hope is to have some small commercial or industrial use; said they took a section off the front for the widening of Park Road, and if this application is approved, it would impose a thirty-foot buffer on their property buffering the property behind the applicant; he said they can't take that as their properties would be undevelopable; said since the applicant is the one doing the re -development, he feels the buffer should be on the applicant's property; and if this rezone happens, that will automatically impose that buffer requirement, or set -back should they ever wish to re -develop, and said they are close to doing so; he urged Council to continue to deny this application as it is materially detrimental his property and his adjacent property owner as well. There were no further public comments on 2019-0001. Mayor Higgins again asked for Council consensus to move forward as recommended by the Planning Commission, i.e. to deny the request. Council concurred. Comp Plan Amendment 2019-0002, change the land use from SFR to NC (neighborhood commercial) and the zoning from R-3 to NC; the Planning Commission recommendation was six to zero to approve the request. There was brief discussion about the school in close vicinity to this parcel, and of students attempting to cross Sullivan; with Mr. Basinger explaining that the area could be used for the neighborhood as a whole and not just students. Mayor Higgins invited public comments. Mr. Ben Goodmansen, Whipple Consulting Engineers: said he is the applicant; he referenced his comments given during the Planning Commission meeting; concerning student safety, said currently what is being experienced with the church parking lot is that students are parking in that parking lot and crossing at the driveway instead of at the signal; said he isn't saying that they have a development planned or proposed, but any development on that corner for the church would allow a re -design of that property and therefore be able to address that; said as a church, it allows itself it be parked in by the students; as a retail center that would be more frowned upon and be subject to towing enforcement; said that safety issue in the morning and crossing through traffic would be decreased, which he said is something to consider. There were no other public comments. Mayor Council Study Session: 05-14-2019 Page 3 of 12 Approved by Council: DRAFT Higgins asked if Councilmembers wanted to approve this as written; and by a show of hands, there was consensus to do so. Comp Plan Amendment 2019-0003, change the land use from SFR to MFR (multi -family residential), and the zoning from R-3 to MFR; the Planning Commission did not forward a recommendation as they voted three to three. It was moved by Councilmember Peetz and seconded to move to amend the motion to advance the ordinance 19-004 to a second reading, and deny CPA 2019-0003. Mr. Basinger said as there were no Planning Commission findings, staff will need Council to tell us what they'd like to see in that ordinance from a findings perspective, as noted on the slide. Councilmember Peetz explained her rationale for this denial: said in this case, the traffic into and out of the area would increase with the multifamily or commercial development, the transition would have impact on the physical environment based on the physical change to the location; due to the existing development the fifteen additional dwelling units could be allowed if the request is granted; the additional dwelling units will place a demand on the community facilities in question; and also because it is a well-established neighborhood, development in the area will occur. Councilmember Peetz said the proposal is to move from single family residential to multifamily residential; and the multifamily residential definition states that it "allows for multifamily housing near business and commercial centers, arterial streets systems and public transit;" she said it is behind Safeway so it is far enough away so there really isn't close public transit; she said this is an older established neighborhood and does not fit the consistency of the neighborhood; that we need neighborhood integrity; said she isn't against development, but agrees with one of the Commissioners that this would be creating an island for multifamily use; that there isn't enough parking and therefore, said she would not support this amendment. Councilmember Thompson said she agreed with Councilmember Peetz; that this is a quaint neighborhood, and feels changing the designation for up to twenty-two units per acre would make that neighborhood too tight. There was some discussion about what is allowed in that area now. Mr. Basinger explained that currently, the allowable density is six units per acre; and the way this developed, there are multiple units on one parcel and this happened when it was under the County's jurisdiction; that part of the proposal was to clean up some of that but it could be cleaned up with the current zoning designation. Mayor Higgins invited public comments. Ms. Mae Greenwood, Spokane Valley: said she lives about two blocks from this area; said they are primarily a single family area with a few duplexes that have been there for a long time which are well maintained; said they are close to Argonne, and questioned what's going to happen when you will be close to some arterial; concerning businesses in the area, said there is no longer a Safeway there and the businesses there are not primarily destination businesses; they are primarily nine -to -five professional businesses like doctors' offices and some restaurants; said the plan now is for two, four-plexes; she expressed her concern that the owner will raise the rents of the existing units; if people couldn't pay then those tenants could move out and the owner could tear it down and put in a 15 or 20 unit block, which would increase traffic; said having multifamily means new parks but she said you can't build a park there without tearing down houses; said she spoke with many people in this neighborhood and no one supports the change due to more people and more traffic. Ms. Julie McGuire, Spokane Valley: said she lives directly south across the street from the proposed area; said the intersection is poorly visible to see through especially if headed west; there is a bus stop by the duplexes and children are frequently there; said she isn't sure where the access would be to and from this development; said it is a bad intersection with a lot of pedestrian and bicycle traffic; that she is unsure about the plan for the property and has heard conflicting information; said she is concerned this could be a gateway to this happening to other large parcels; that this is a quiet community with mostly single, one -level residences. Mr. Al Merkel, Spokane Valley: said he agrees with the last few comments; said he is wondering where this will end and what will actually be built there; said there are no sidewalks and he asked who would spend the money to build the sidewalks; and said that needs to be evaluated before this continues. Council Study Session: 05-14-2019 Page 4 of 12 Approved by Council: DRAFT Ms. Nina Fluegal, Spokane Valley: said a residential lot in a residential zone should stay residential; said if we can save a neighborhood and not put in a huge development with 22 -units per acre, the valley would be better off. Mr. Joel Elgee, Liberty Lake: said he is the applicant; said the owner is not planning to demolish the house or the duplexes, but there is a large parcel of undeveloped property behind it, and said it is the management of that parcel as to why this proposed zone change; said he hopes people can note that it is not the owner's fault that the City has done away with zoning of lesser multi -family; said the owner is not seeking a twenty- two unit per acre or has any grand plans for twenty-two units; said the City does not have another multi- family zone; said this property is currently multi -family; said there are five units on this property; directly to the north of this property are ten units on one parcel; to the east of this property is commercial; there is talk of the dire need for affordable housing; he said if a project like this, surrounded by infrastructure, bordering commercial property, is currently multi -family and adjacent to multi -family, near bus stops and infrastructure, can't be approved, then where will we get affordable housing; said the owner has no intention of knocking everything down and creating a twenty -unit apartment, but said the owner has no other option to seek a lesser zone and would probably be fine with eleven units per acre; and said the owner's intention is to likely to put in eight units in two, four-plexes that would come off Sinto; and said it would be the developer who pays for improvements like sidewalks; said if the owner pulled a permit, the approach would likely be off Sinto and there would be brand a new sidewalk off Sinto that would connect to all the sidewalks in and around Argonne; he said there is public benefit; right now it is a private field that no one can walk through; regarding traffic, he said a traffic engineer looked at this and said there would be no significant impact to traffic based upon their study; and said this is a great candidate for such a project. Mr. Michael Porter, Spokane Valley: said he lives just south of the proposal; said he agrees with what the people have said about what's going on there; said what if after having it zoned that the owner sells to someone else who could put a lot more units on it; said there are no sidewalks to connect to yet; kids ride their bikes there, and said there will be traffic. Ms. Marcia Sands, Spokane Valley: said she was formerly a member of the Planning Commission when they talked about putting in an elder facility in the same neighborhood; said it was probably the largest Planning Commission meeting they had; said this is a tight -knit neighborhood; the roads are small and narrow and there are no sidewalks; said that residents are very firmly set in the single family residence mentality, and they love where they live. City Clerk Bainbridge mentioned the receipt of an email, which she said she received as well as Councilmembers, from Terry Ovstedal, who urges Council to approve this request for the overall City benefit. There were no further public comments. Councilmember Woodard asked if it is possible to have two, four-plexes being the limit of what they can do there; and Mr. Basinger replied we do not have the ability to do that. Councilmember Wick said based on what is near the neighborhood now, this change is 'out of touch' with the neighborhood. Vote by acclamation to amend the motion (to deny the CPA 2019- 0003): In favor: unanimous. Opposed: none. Motion passed. Comp Plan Map Amendment 2019-0009: change the land use designation and zoning from MFR (multi- family residential) to CMU (corridor mixed use). The Planning Commission recommendation was five to one to approve the request. After Mr. Basinger briefly explained the purpose of this amendment, Mayor Higgins invited public comment; no comments were offered. There was Council consensus to go with the Planning Commission recommendation to approve. City Initiated Text Amendments: CPA 2019-0004, 0005, 0006, 0007, 0008, and 0010 (strategies, annexation policies, 11 x 17 map appendix, transportation chapter, Ped and Bike maps, and Twenty-year TIP, respectively). The Planning Commission recommendation on these proposed text amendments was six to zero to approve the requests. Council agreed to consider these as a batch and move forward as recommended. Mayor Higgins invited public comment. Council Study Session: 05-14-2019 Page 5 of 12 Approved by Council: DRAFT Ms. Nina Fluegal, Spokane Valley: said that in one of the proposals, there was a section about a developer tax exemption, multi -family tax exemption; and she asked for elaboration. Mr. Basinger explained that the policy language was about exploring the idea of a multi -family tax exemption; said that has not yet been researched, but would be something to research in the future. There were no further public comments; and all Councilmembers raised their hands to show consensus to approve the text amendments as recommended. Regarding the main motion as amended: to advance ordinance 19-004, comprehensive plan amendments, to a second reading, but for 2019-0003, to move to deny using the criteria stated; Mayor Higgins invited public comments. Mr. Al Merkel, Spokane Valley: said as a general comment to the issue addressed by Ms. Fluegal, when we are talking about exploring a tax break, that isn't a commitment, and he cautioned Council that any kind of a tax break or tax incentive is a dangerous business to get into, especially with something like multi- family residential; said tax breaks are not a very clean thing to give folks. Vote by acclamation: In Favor: unanimous. Opposed: none. Motion carried. 3. First Reading Ordinance 19-005 Comprehensive Plan Zoning Map — Lori Barlow, Mike Basinger After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Haley and seconded to advance ordinance 19-005, official zoning amendments, to a second reading. Mr. Basinger explained that this ordinance reflects the land use changes in the implementing zoning map. Councilmember Woodard asked since this ordinance is a reflection of what will come forward, and Council has determined to deny 2019-0003, does that change need to be made in this ordinance as well. Mr. Basinger said he will reflect that in the ordinance when it comes before Council for a second reading. Mayor Higgins invited public comment; no comments were offered. Vote by acclamation: In Favor: unanimous. Opposed: none. Motion carried. 4. Mayoral Appointment: Spokane Hotel/Motel (TPA) Appointment — Mayor Higgins It was moved by Deputy Mayor Haley and seconded to confirm the Mayoral appointment of Andy Rooney, Mirabeau Park Hotel General Manager, to the Spokane Hotel/Motel Commission for a term beginning immediately upon appointment and expiring December 31, 2021. Mayor Higgins explained that this appointment is necessary as the previous representative resigned his commission appointment. Mayor Higgins invited public comments; no comments were offered. Vote by acclamation: In favor: unanimous. Opposed: none. Motion carried. Mayor Higgins called for a recess at 7:31 p.m.; he reconvened the meeting at 7:40 p.m. PUBLIC COMMENTS: After Mayor Higgins explained the process, and before inviting general public comments, Mayor Higgins read the following statement: "I understand a number of people here tonight may comment regarding District Four state legislative representative Matt Shea. Please note that this issue is outside the City Council's span of authority and as such, we will simply listen to your public comments, but don't anticipate that we can or would do anything in response." Mayor Higgins invited public comment. Ms. Naghmana Sherazi, Spokane- said she is part of a group, Leaders of Faith and Leaders of Conscience; said they had sent a letter in advance informing Council of a vigil that would be taking place today outside the City Hall entrance; said more than 40 people attended and read their statements; she said they wrote a card, which she handed to the City Clerk for Council. She read the following statement from Faith Leaders and Leaders of Conscience, and said she is here in the capacity of Leaders of Conscience: "As we gather this evening, we first recognize and honor that we are gathering on the occupied ancestral homelands of the Spokane tribe. We are mindful of this especially here at our City Hall with the beautiful sculptures that honor these ancestors. As we are mindful of the past, we must act in the present. We come here tonight to mourn the damage done to the reputation of our city by the words and actions of our State Representative Council Study Session: 05-14-2019 Page 6 of 12 Approved by Council: DRAFT Matt Shea and those who follow him. The immorality must be raised so that good people can end their bad behavior. We come to this time of keeping watch, of making a vigil, to open hearts and minds, to turn around from ideologies of fear that would condone the spying on our fellow citizens. We come with grief that our representative supports the idea of taking down our government and encourage its citizens to arm themselves for the downfall of our government. Those of us who are of Jewish, Christian, Muslim, Hindu, Bahia, Buddhist, Sikh faiths, or have a conscience, declare that Christian extremists like Representative Matt Shea do not represent us. We encourage all citizens to join us in this stand. We align ourselves with facts, not conspiracies, and dedicate ourselves to be humble enough to change direction when we become aware of mistakes or misinformation. We ask the same commitment from all community leaders. It is all the citizens' duty to expose extremism in all forms, and it is also each elected official's obligation to build a society that is just for all. This is hard work and requires vigilance. Each citizen and elected official of every faith and non -faith, age, color and class, must speak up and stand together. Everyone mourn with us over how Spokane Valley has been painted as a place of Christian extremism and white supremacy. Elected leaders and citizens, join together and help turn this image around. Let us educate ourselves to being a city where we speak up and stand up so that this city we cherish, shines brightly as an example of how neighbors can live in peace." Mr. Jeff Beaulac, Spokane Valley: said he'd like to get away from the slant of what individual groups such as conservatives or liberals are saying; said both parties have problematic components when it comes to the issues of white nationalism and anti-Semitism; said it exists on both ends of the spectrum; said speaking as someone who grow up here, he feels there are a collective set of values members of this community share; that some of those values are opposing anti-Semitism; let's be a welcoming community and the envy of the rest of the state of Washington; the heart of this is, how do we best represent our city; to say that Matt Shea's values don't represent us might be difficult for some, but said he thinks we can say we stand against statements of anti-Semitism and against statements of white nationalism; and that he hopes that can be said regardless of party affiliation. Ms. Mary May, Spokane Valley: said she also encourages Council to state publicly their dissatisfaction with those who that would incite hate and separation, such as Matt Shea; said she is a proud leader of her faith community, having served the last two years as President of Temple Beth Shalom; and she read the following statement that was prepared by another president of another congregation here in Spokane, as well as her Rabi and other Jewish leaders: "In the last week Jews all around the world read from the Torah, the biblical text, two essential principles of our faith that are also common to many others. The first, love your neighbor as yourself. Yes, you must love and respect others, but this principle can easily be understood as referring only to your neighbors, those that are just like you and with the same culture, race or religion. There the biblical text contains another essential principle just a few lines down, love the stranger as yourself. It is incumbent upon us to love and respect those like us and those not like us. The wish of the Devine is that we recognize and celebrate diversity and love all people equally, be they neighbors or strangers. The message is simple: love not hate. With the grounding of this principle in Torah, we know that we must speak out against hatred because hatred leads to violence. This obligation extends to our elected officials who must condemn acts of hate and the rhetoric that causes and enables it. Hate is not simply another political viewpoint. Hate is not a party difference and there is no middle ground." She reminded council they are this City's elected officials. "We as Jews know this personally and directly from our own history. We know that words matter and that hate -speech, no matter how quiet it is and no matter how loud it is, is the first step that leads directly to violence and murder. We know that when people fail to speak against hatred, hatred becomes normal. When people remain silent, anti-Semitism, misogyny, racism, homophobia, islamophobia flourish; and when people excuse white -nationalism, Jewish, Muslim, black and Latina, and LGBTQ communities and other minority lives and communities are at risk. Therefore we join with others today in calling for Rep Shea to cease posting and sharing links." [three -minutes expired] Mr. Tim Lape, Spokane Valley: said he is extremely concerned about this City's reputation; said Matt Shea has appeared in newspapers locally, state-wide, and nationally; said some friends and family of his across the state have asked him what is going on in this City and who are these people spewing hate and white - Council Study Session: 05-14-2019 Page 7 of 12 Approved by Council: DRAFT nationalism; said he isn't asking Council to attack Matt Shea, but he is asking Council to protect this City's reputation; said he asked someone who is the spokesman for this City, and they told him, Councilmembers are; he said yet there has been no push -back of this City's reputation; he asked Council as Councilmembers and as residents, to take some action to speak against white nationalism, anti-Semitism, and hate; said Councilmembers could probably do this through a proclamation to let everyone know what Spokane Valley stands for. Ms. Kate Bite, Spokane- she said that Spokane County has a well-documented problem with family violence averaging almost nine reports to police per thousand residents per year; said this is disproportionate for Washington state; said that last year nine people died in domestic violence incidents; said the routine abuse of people in our community isn't just a private act of mistreatment, it's political; she quoted author Rebecca Traister, `there is a deep investment in silencing women; in part because if you keep them silent, you keep them isolated from each other; if they become audible to each other, they can communicate with each other, and if they communicate with each other, they can begin to organize." She said that here we can see the motivation behind the violent fantasies aired by Anthony Bosworth in his chats with State Representative Matt Shea; and in Shea's failure to speak up about his long-time political ally's graphic descriptions of the punishments he wished to meet out against women activists in our community; she said that while this particular chat was private, as women organizers in the northwest, said we weren't surprised to learn that this is how some powerful men speak about women amongst themselves; after all both Shea and Mr. Bosworth have a documented history of being volatile toward others. She said 'we do our work with a constant awareness that there are people in our community who engage in threats and harassment against women who speak up against politics of exclusion;' said her friends have received anti-Semite hate mail packets for years after being quoted in the paper; said they tell each other about website hacking attempts; said there are other strange stories like people showing up to meetings to film the discussions; or people's cars being followed; said this unsettling background radiation to her and other's participation in public life is especially severe for women of color, black and indigenous women, immigrant women, Muslim and Jewish women, transgender women, non -binary people; said they factor that in when they speak at public events, and consider it a known quantity should they choose to run for office; she said you will recall that Shea bizarrely photographed himself outside his female opponent's house during a recent campaign; she said that somehow free speech advocates often fail to notice this persistent chilly effect of these risks on women's speech; she said regardless of the risks, they are talking about this because they have to; and more than ever, said they demand a change to the culture of violence and silence in our region; said they must be able to speak up in this town without fear of violent retribution whether they speak their minds in the public square or in their own kitchens. Mr. Al Merkel, Spokane Valley: said he has personally disavowed himself from Matt Shea, as a republican, and said he thinks they can do better as a party; that the neighborhood integrity is being threatened and our city is developing in a way that is uncontrolled; said we are justifying expansions and changes in zones based on changes in other zones, and asked, where does it end; said he wants to charge this Council to again to come up with a way to curtail that and control growth in a sensible way to make sure that our city services don't sprawl out of control and that quality of life doesn't fall off the deep end; and ultimately we maintain the quality and the living that our community has grown up to expect and the reason we all moved here. Ms. Nina Fluegal, Spokane Valley: said regarding her earlier comment about this proposal with a multi- family tax exemption; said she has a different proposal; said the phone tax is dwindling; she also mentioned heads -in -beds for hotel/motel; she suggested charging every apartment dweller $60.00 a year that would go into a specific fund to be used to upkeep the neighborhood that they're built in; or any other road project; said she doesn't know the legality of doing that, but it is a proposal to bring in funds and that it would result in a nice fund, and would help the property owners who foot the rest of the bill, and said it's a nice idea instead of tax exemption, have a tax proposal. Ms. Marcia Sands, Spokane Valley: said she came tonight to support the people who are requesting some sort of proclamation to deny Matt Shea the support of our community; she said that is important; that she Council Study Session: 05-14-2019 Page 8 of 12 Approved by Council: DRAFT is aware that some Councilmembers are politically or friendship -wise associated with Matt, but Councilmembers need to separate themselves for the sake of our community, Councilmembers need to have some sort of public disclosure that you don't support racism, and that you don't support white supremacy; said that is important for our community; that this is a growing community and this and previous Councils have done a pretty good job of leading the City; said she doesn't always agree with what Council does, and didn't always agree with the previous councils; but that's the nature of politics; but to have somebody in politics who talks about hate and talks about other people who don't believe in his religion; or people of color; said that doesn't belong in politics; not in the United States, that we are a melting pot as is Spokane Valley; said she realizes the demographics of this area have been changing, which is partly why we have a lot more multi -family housing; said that will happen as we are a very sparsely populated geographic area and will infill; so do it smart and some of the comments that were made were so good, how important it is to have this community looked upon and feel about ourselves; that it will affect our property values in the long run and will affect everything about us; she suggested Council leave their legacy of hope, caring, and compassion for all residents Council represents. Mr. James (JJ) Johnson, Spokane Valley: stated that he is currently the chair of the Spokane Valley Planning Commission, but said he is not representing that body tonight other than to mention they have meetings twice a month if anyone wants to come to see how the City is trying to manage growth and take part in those conversations; said he is also honored to represent the City of Spokane Valley on the Spokane County Human Rights Task Force and is not specifically representing that body now, but he is representing his neighbors in saying the current representative of the 4th Legislative District does not accurately represent our home town; said he hopes that representative doesn't represent anyone on the Council, or in this room, or anyone in his (Mr. Johnson's) home town; however, said he is not that naive; said the City of Spokane Valley has been his home since 1963 and he knows who lives here and knows the conversations that go on; said he knows this body can't realistically speak specifically about that representative of the 4th District; he said this body does speak every two weeks as they have an invocation; he said it would be great if that invocation represented the diversity of the religious organizations in our City. There were no further public comments. ADMINISTRATIVE REPORTS: 5. Duplex Density Code Text Amendment 2018-0005 — Lori Barlow Ms. Barlow explained that this is a privately initiated proposal to limit duplexes in the R-3 zone, to eliminate townhouses in the R-3 zone, and to modify the regulations for cottage development. She explained the process including the noticing requirements, and that an environmental review was conducted resulting in the issuance of a non -determination of significance; that the proposal began its process through the Planning Commission noting that this was before the Planning Commission four times instead of the normal three times; and after conducting a public hearing and going through deliberation, the Commission recommended to the Council to deny the request. Ms. Barlow further explained that the proposal would limit the duplexes in the R-3 zone in ways that would limit the duplexes that are allowed, would modify where they can be located within developments, and would eliminate townhomes as a permitted use in the R-3 zone. Ms. Barlow also noted some of the staff concerns, including that such proposal would reduce the number of duplexes that may be constructed, it would reduce available affordable housing units and alternative housing types, it would appear to prevent cottage development and eliminate townhomes, would affect anticipated development rights, it would be difficult to implement, and there are several other legal issues of concern as noted in the staff report. Ms. Barlow explained that staff respectfully recognizes that this was drafted with good intentions and neighbors put a lot of effort into the proposal; that the intentions are there but the literal interpretations have more far-reaching intent then what the neighbors may have intended. She explained that in going through the process with the Planning Commission, that if there was an interest in pursuing this, staff would like an opportunity to re -write some of the text to make it consistent with the Code and with the original and desired intent. Ms. Barlow also showed some graphs of trends of regional single family residential permits as well as duplex permits over the last six years for Spokane Valley, Spokane City, and Spokane County; and then duplexes as a percentage of permits. Council Study Session: 05-14-2019 Page 9 of 12 Approved by Council: DRAFT Ms. Barlow added that the Planning Commission voted five to zero to recommend denial. Mayor Higgins asked for Council consensus to move this to a first reading; there was no indication from any of the Councilmembers, of a desire to proceed. Councilmember Peetz stated she feels there are some good points to the proposal, and that the intention is good, but perhaps the amendment could be worded differently so it would be a better fit; and she asked if there were similar thoughts from other members of Council. City Attorney Driskell suggests that there is an application before Council that was submitted by citizens; that if Council wants more discussion later about density and duplexes, that can be accomplished; however, there needs to be some finality to this particular application; he further asked that Council keep in mind there was a prior request about four years ago from an applicant for a similar code change, and at that time there was no consensus to move it forward, which resulted in a lack of appealable action for the applicant and left them in a type of legal limbo; he said from a staff standpoint, he would prefer to have Council consider moving this to a first reading, and then vote to approve or deny the ordinance. Mr. Driskell further explained that in that instance, there was an allegation that the Council failed to act; that the applicant paid money for Council to consider this to either accept or deny an ordinance; he said this will provide a cleaner record. Based on Mr. Driskell's explanation, Mayor Higgins again asked for Council consensus to proceed with this proposal to a first reading. There was full Council consensus to move this to a first reading for Council consideration. 6. 2019 Budget Amendment — Chelsie Taylor, John Hohman After Finance Director Taylor went over the proposed amendments as noted in the Request for Council Action form, Mr. Calhoun noted that when these were included in the 2018 budget, it was anticipated the acquisitions would be made from the general fund, fund balance; he said we did not spend the money last year so the general fund, fund balance did not decline; he noted that this year if again approved by Council, the acquisitions would be made from the general fund, fund balance; so in summary, we had planned on taking the money from the reserves in 2018; that didn't happen so we plan on taking that from the reserves in 2019 if Council approves. Councilmember Thompson asked if the sidewalk snow removal equipment was put out for a bid for a contractor; and Director Taylor explained that has not occurred yet but our purchasing policies would require that to occur. To clarify, Councilmember Thompson asked if we contracted it rather than purchase it, and said she remembers there was something about insurance. Deputy City Manager Hohman explained that last November we held a discussion about the snow operations and whether to keep the slower plow speeds or speed them backup, and Council decided then to speed them backup due to various consequences of slowing down, i.e. larger berms, taking longer to plow, and increased cost; he said Council tasked staff to look at alternatives to clear the sidewalks, at least the 35 miles of safe routes to school excluding the commercial areas that are done by the property owners; he said staff performed an exhaustive search for contractors to handle this, but we were unsuccessful in finding anyone, and we heard that the concerns included they had the equipment and didn't want to use it for that purpose, or they didn't have the equipment; and we routinely heard concerns about liability associated with this type of operation on a surface where people would walk; similar to discussions we had several years ago about having the Appleway Trail plowed, and our maintenance contractor Senske's concern with liability issues. Mr. Hohman explained that Street Superintendent Shane Arlt did a search for other options; said we could use Geiger work crews, which predominately work on clearing sidewalks on bridges; he said we targeted them last February and March, but they are a hand -crew using shovels or snow blowers, and either method is a slow process; and it was apparent different equipment was needed to clear 35 miles of sidewalks. Mr. Hohman stated that Mr. Arlt did a lot of research, and came up with the idea of using the equipment as shown in the handout at the Council dais. Mr. Hohman explained that this equipment is a four-wheel drive and has different attachments; it is 42' wide and most sidewalks are five feet or less; said the enclosed cab has a heater so as to not be too miserable for the driver; and again stated we would have preferred to contract with someone but there were no offers. Council Study Session: 05-14-2019 Page 10 of 12 Approved by Council: DRAFT Councilmember Wick asked if we did this ourselves, would we be assuming the liability, and Mr. Hohman said we would be subject to that regardless and Mr. Driskell concurred that if someone were injured on the right-of-way, they would look to us. Councilmember Wick said we would be subject to liability if we bought the equipment, and he asked if there is a way to mitigate that for a contractor to handle the sidewalks. Mr. Driskell said there is not as they would be doing the work, and our insurance company would not be willing to insure us to take on the liability of someone else doing the work. Councilmember Woodard asked if all the schools have sidewalks around them; in other words, does the 35 miles of sidewalks, if that all the sidewalks that would be a safe routes to school, on all of our schools. Mr. Hohman said he believes that to be true although there may be some schools that don't have sidewalks completely surrounding it, but the schools take care of that. Councilmember Woodard said what he is referring to is, that portion in the safe route to school which is approximately a half -mile on either side, and he sked does the 35 miles include all of our schools. Mr. Hohman said without a map, he would assume it probably does not; it's probably only those designated safe routes to school which are separate from every school. Councilmember Woodard asked if Mr. Hohman is saying that there are some schools out there that don't have safe routes to school. Again, Mr. Hohman said he is working without a map; but there are designated safe routes that are around every school, but there are multiple sidewalks in these neighborhoods; and is it all inclusive with every single sidewalk in every neighborhood that's attached to every school: the answer is probably not; but the designated safe routes that we are addressing equals 35 miles; and if Council would like, said he can bring back a map of all the safe routes to school, which total 35 miles versus a map of all the sidewalks; and said they are not the same. Councilmember Woodard asked if there are sidewalks on both sides of the street, such as at McDonald, are both sides of the street safe routes? Mr. Calhoun said typically we would pick one side of the street, which led Councilmember Woodard to ask why we would take on the liability for those homeowners who have sidewalks in front of their houses, as we wouldn't always get all the ice removed. Councilmember Woodard said he believes this option of these machines would lead to having more machines; and just with these two machines and a trailer, we would need three employees; said he is concerned this will become a drain and he is against this and feels this is not a good option. Deputy Mayor Haley said she feels the intent of this is good to try to get the kids safely to school; but feels we could be subject to liability from for example, the sidewalk across the street that wasn't cleared; and she questioned if the public would consider what is a safe route to school simply because we say so; said there are some kids who will walk on the berm and in the street regardless; said if we shovel one sidewalk but not the one across the street, she is concerned this will open a 'can of worms.' Mr. Calhoun said in bringing this forward, we are not trying to guide Council to do this, but are giving the cost; that back in November, Council said to speed the trucks back up, we know we're going to put snow on sidewalks; go out and try to contract to have someone remove it, but we failed to find a contractor. Mr. Calhoun said that part of the failure in contracting is, we would be coming to a contractor to do this work, that the contractor would need to buy $80,000 worth of equipment and staff up for it; and if we the City tell him we need you, we'll call you; so it's not just liability but for the business model issue as well; it's not a very attractive offer. Mr. Calhoun said if Council determines not to include this, he asks that Council not reject the entire budget amendment, but simply not include this item; and if Council determines not to remove snow from the safe route to schools sidewalks, said he would caution Council that if in the multitude of e-mails Council would receive from the public next year, asking why Council put snow on sidewalks, said that he at times gets e-mails from Councilmembers directing people to him for a response to these questions; but said we must realize that if that's the case and we can't contract for it nor do we have the tools, it puts staff in between a rock and a hard place; further, Mr. Calhoun said, if Council doesn't want to that is ok too, as staff is just trying to follow through the directive received last November. At approximately 9:00 p.m. it was moved by Councilmember Woodard, seconded and unanimously agreed to extend the meeting to 9:15 p.m. There was further Council discussion about not being able to provide everything to everybody; that not just kids but people with disabilities will have problems in getting to bus Council Study Session: 05-14-2019 Page 11 of 12 Approved by Council: DRAFT stops or crossing a street. There was Council consensus to move forward with the budget amendment without the snow removal equipment which could be discussed at a later time. 7. Advance Agenda — Mayor Higgins Councilmember Thompson mentioned a previous report before Council concerning placing a mental health worker in a patrol car with an officer; said the cost of the mental health worker was approximately $100,000; said she would like to suggest having an inclusive resolution concerning this issue; and also suggested discussion moving funds, or as a partner, to have $100,000 for one mental health officer accompany one police department officer. Mr. Calhoun said he would speak with Chief Werner and discuss what that might include, adding that it would be an increase in our budget. Deputy Mayor Haley mentioned Mr. Calhoun might also inquire whether this would necessitate a re -negotiation of the Sheriff's contract, or a separate contract. All Councilmembers raised their hands in agreement. Councilmember Woodard said he would like to get some public feedback on the sidewalk snow removal issue and have more discussion on what we are trying to accomplish, as well as what we want to spend. All Councilmembers raised their hands in agreement. CITY MANAGER COMMENTS City Manager Calhoun noted that there will be a special Council meeting tomorrow night, 6:00 p.m. at CenterPlace, Room 109, where staff will be seeking public input on the Parks and Recreation MasterPlan; he also mentioned as he previously e-mailed Council earlier, that we received notice from Moody's Investor Service concerning the rate of the City's bond, and their annual comment on our credit position, which is very good and they have re -affirmed our Aa2 rating. It was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:08 p.m. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Council Study Session: 05-14-2019 Page 12 of 12 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 Department Director Approval Check all that apply: ['consent ❑ old business ® new business ['public hearing ['information ❑admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Second Reading Proposed Ordinance 19-004; 2019 Annual Comprehensive Plan Amendments. GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 19.30.010. PREVIOUS COUNCIL ACTION TAKEN: Administrative Report - April 16, 2019; Ordinance first reading — May 14, 2019. BACKGROUND: The annual comprehensive plan amendment cycle runs from November 1st to October 31St of the following year. The Planning Commission considers applications during the following spring, with a decision by City Council generally occurring in late spring/early summer. The Community and Public Works Department received three privately initiated requests for Comprehensive Plan map amendments. In addition, the City proposed one Comprehensive Plan map amendment and six Comprehensive Plan text amendments. Properties approved for a Comprehensive Plan amendment (CPA) receive a zoning classification consistent with the new land use designation. • On February 14, 2019, the Planning Commission was briefed on the 2019 CPAs, and a public hearing was conducted on February 28, 2019. The public hearing was closed at that time and the Planning Commission reviewed and deliberated on each of the proposed CPAs. On March 14, 2019, the Planning Commission voted on the following Findings and Recommendations to the City Council: The Planning Commission voted 5-0 to forward to City Council a recommendation to not approve CPA -2019-0001. Note: Commissioner Johnson recused himself due to a conflict of interest. • The Planning Commission had a split vote of 3-3 for CPA -2019-0003. A recommendation requires a majority vote, and therefore the Planning Commission is not able to forward a recommendation. • The Planning Commission voted 5-1 to forward to City Council a recommendation of approval of CPA -2019-0009 • The Planning Commission voted 6-0 to forward to City Council a recommendation to approve CPA -2019-0002, CPA -2019-0004 through 0008, and CPA -2019-0010. On April 16, 2019, an Administrative Report was presented to City Council. No public comment was taken at that time. The Council agreed by consensus for the draft Ordinance presented for first reading to include the Planning Commission recommendation on each of the proposed amendments with the exception of CPA - 2019 -0003. Council directed staff to incorporate the staff report staff recommendation for CPA -2019-0003 into the draft Ordinance. The staff report concluded that the proposal was consistent with the Comprehensive Plan goals and policies and the draft Ordinance reflected such findings. On May 14, 2019, Council heard public comment on the CPA requests. Following comment, Council voted to amend the ordinance to deny CPA -2019-0003. The draft Ordinance has been updated to reflect the change to CPA -2019-0003. Note that City Council recently adopted amendments to its Governance Manual that provide that Council will not take public comment on items that have already had a public hearing. Since the 2019 CPAs were in process at the time these amendments were being considered by Council, Council heard public comment at the first reading. 1 of 2 BUDGET/FINANCIAL IMPACTS: OPTIONS: Move to approve Ordinance No. 19-004, with or without further amendments. RECOMMENDED ACTION OR MOTION: Move to approve Ordinance 19-004, Comprehensive Plan Amendments as proposed. STAFF CONTACT: Mike Basinger, AICP, Economic Development Manager ATTACHMENTS: PowerPoint Presentation; Draft Ordinance 19-004 Yellow Binder Distributed Separately 2 of 2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 19-004 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING THE CITY OF SPOKANE VALLEY COMPREHENSIVE PLAN; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, through Spokane Valley Ordinance No. 16-018, the City of Spokane Valley adopted the Comprehensive Plan, Capital Facilities Plan, and maps as the Comprehensive Plan of the City of Spokane Valley (the Comprehensive Plan); and WHEREAS, comprehensive plans may be amended annually pursuant to RCW 36.70A.130 of the Growth Management Act (GMA); and WHEREAS, amendments to the City's Comprehensive Plan may be initiated by the Planning Commission (Commission), the City Council (Council), citizens, or by the Community and Public Works Director based on citizen requests or when changed conditions warrant adjustments; and WHEREAS, the GMA requires comprehensive plans to be implemented with development regulations, including the zoning of all properties in the City that are consistent with land use map designations; and WHEREAS, the City adopted Public Participation Guidelines to direct the public involvement process for adopting and amending comprehensive plans; and WHEREAS, the Spokane Valley Municipal Code (SVMC) provides that amendment applications shall be received until November 1 of each year; and WHEREAS, applications were submitted by the applicant, owner, or by City staff to amend the Comprehensive Plan and Zoning Map for the purpose of beneficially using the property described herein; and WHEREAS, pursuant to the State Environmental Protection Act chapter 43.21C RCW (SEPA) and chapter 21.20 SVMC, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendments; and WHEREAS, on February 8, 2019 and February 15, 2019, notice of the Commission public hearing was published in the Valley News Herald; and WHEREAS, on February 8, 2019, notice of the Commission hearing was mailed to all property owners within 800 feet of the subject properties; and WHEREAS, on February 8, 2019, notice of the Commission hearing had been posted on all the subject properties; and WHEREAS, on February 14, 2019, the Commission conducted a study session to review the proposed amendments; and WHEREAS, on February 15, 2019, after reviewing the environmental checklists, staff issued a Determination of Non -Significance (DNS) for each of the proposals, published the DNS in the Valley News Herald, and where appropriate posted the DNS on the sites and mailed the DNS to all affected public agencies; and Ordinance 19-004: 2019 Comprehensive Plan Amendments Page 1 of 12 DRAFT WHEREAS, on February 26, 2019, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106 of the City's intent to adopt amendments to the Comprehensive Plan; and WHEREAS, on February 28, 2019, the Commission received evidence, information, public testimony, and a staff report and recommendation at a public hearing; and WHEREAS, on February 28, 2019, the Commission deliberated and voted to forward CPA -2019-0002, CPA -2019-0004, CPA -2019-0005, CPA -2019-0006, CPA -2019-0007, CPA -2019-0008, CPA -2019-0009 and CPA -2019-0010, to Council with a recommendation for approval; and CPA -2019-0001 to Council with a recommendation for denial; and CPA -2019-0003 with no recommendation, with written findings of fact setting forth the bases for such recommendations to Council; and WHEREAS, on April 16, 2019, Council conducted a briefing to review the proposed amendments; and WHEREAS, on April 16, 2019, Council concurred to place CPA -2019-0002, CPA -2019-0003, CPA - 2019 -0004, CPA -2019-0005, CPA -2019-0006, CPA -2019-0007, CPA-2019-0008,CPA-2019-0009, and CPA -2019-0010 in an ordinance for consideration of approval and to place CPA -2019-0001 in the ordinance for consideration of denial; and WHEREAS, on May 14, 2019, Council considered a first ordinance reading to approve CPA -2019- 0002, CPA -2019-0003, CPA -2019-0004, CPA -2019-0005, CPA -2019-0006, CPA -2019-0007, CPA -2019- 0008, CPA -2019-0009 and CPA -2019-0010 and to deny CPA -2019-0001; and WHEREAS, on May 14, 2019, Council considered public comment and voted to amend the ordinance to deny CPA -2019-0003; and WHEREAS, on May 28, 2019, Council considered a second ordinance reading to adopt the proposed amendments for CPA -2019-0002, CPA -2019-0004, CPA -2019-0005, CPA -2019-0006, CPA -2019-0007, CPA -2019-0008, CPA -2019-0009 and CPA -2019-0010 and to deny CPA -2019-0001 and CPA -2019-0003. NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Comprehensive Plan as described in CPA -2019-0002, CPA -2019-0004, CPA -2019-0005, CPA -2019-0006, CPA -2019-0007, CPA - 2019 -0008, CPA -2019-0009 and CPA -2019-0010 and to deny the amendments proposed in CPA -2019- 0001 and CPA -2019-0003. Section 2. Findings. Council acknowledges that the Commission conducted appropriate investigation and study and held a public hearing on the proposed amendments to the Comprehensive Plan, and Council hereby approves the amendments to the Comprehensive Plan map and text with the exception of CPA -2019-0001 and CPA -2019-0003 which is denied. Council has read and considered the Commission's findings. Council's findings specific to each proposed amendment are contained in Section 4 below. The Council hereby makes the following general findings applicable to all proposed amendments: General Findings: 1. Pursuant to chapter 43.21C RCW (SEPA), environmental checklists were required for each proposed Comprehensive Plan map and text amendment. 2. Staff reviewed the environmental checklists and a threshold determination was made for each proposed Comprehensive Plan amendment. Ordinance 19-004: 2019 Comprehensive Plan Amendments Page 2 of 12 DRAFT 3. The procedural requirements of SEPA and SVMC Title 21 have been fulfilled. 4 On February 8, 2019, individual notices of public hearing for the proposed site-specific map amendments were, or had been previously, mailed to all property owners within 800 feet of each affected site. 5. On February 8, 2018 each site subject to a proposed site-specific amendment was, or had been previously, posted with a "Notice of Public Hearing" sign, with a description of the proposal. 6. On February 8, 2019 and February 15, 2019, notice of the Commission public hearing was published in the Valley News Herald 7. On February 15, 2019, Determinations of Non -Significance (DNS) were issued for the proposed Comprehensive Plan amendments. 8. On February 15, 2019, the DNS's were published in the City's official newspaper, the Valley News Herald, pursuant to chapter 21.20 SVMC. 9. On February 26, 2019, the Washington State Department of Commerce was provided a notice of intent to adopt amendments to the Comprehensive Plan. 10. The procedural requirements in SVMC 17.80.140 for the amendment process, including public participation, notice, and public hearing requirements have been met. 11. On February 28, 2019, the Commission held a public hearing on each of the proposed Comprehensive Plan amendments. After receiving public testimony the public hearing was closed. 12. On February 28, 2019, the Commission deliberated and voted to forward CPA -2019-0002, CPA -2019-0004, CPA -2019-0005, CPA -2019-0006, CPA -2019-0007, CPA -2019-0008, CPA -2019-0009 and CPA -2019-0010 to Council with a recommendation for approval, CPA - 2019 -0003 to Council with no recommendation, and CPA -2019-0001 to Council with a recommendation for denial. 13. The Commission adopted findings for CPA -2019-0001 through CPA -2019-0010. Such findings were presented to Council. Specific findings for each Comprehensive Plan Amendment request are contained in Section 4, below. 14. The Commission and Council have reviewed the proposed amendments concurrently to evaluate the cumulative impacts. The review was consistent with the annual amendment process pursuant to SVMC 17.80.140 and chapter 36.70A RCW. 15. The proposed amendments to the Comprehensive Plan, with the exception of CPA -2019-0001 and CPA -2019-0003, are consistent with GMA and do not result in internal inconsistencies within the Comprehensive Plan itself. Section 3. Property. The properties subject to this Ordinance are described in Attachment "A" (2019 Comprehensive Plan Amendment Maps). Section 4. Comprehensive Plan and Map Amendments. Pursuant to RCW 36.70A.130, the Comprehensive Plan as adopted through Ordinance No. 16-018 is hereby amended as set forth below and in Attachment "A." The Comprehensive Plan amendments are generally described as follows: Ordinance 19-004: 2019 Comprehensive Plan Amendments Page 3 of 12 DRAFT Comprehensive Plan and Map Amendments: File No. CPA -2019-0001: Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation from Industrial (I) to Single Family Residential (SFR) and to change the Zoning District from Industrial (I) to Single Family Residential Urban (R-3). Applicant: Danny Davis, Circle J Mobile Home Park, LLC, 3580 N Gunnar Court, Coeur d'Alene, ID 83815. Amendment Location: Parcel number 45183.9059; addressed as 622 North Park Road, located 300 feet south of the intersection of Park Road and Broadway Avenue, further located in the SW 1/4 of Section 18, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Findings: 1. The public health, safety, welfare, and protection of the environment will not be served by the proposed amendment. Transitional regulations will limit the impacts of new development, however they will not address impacts from existing uses. It is possible that conflicts may result by allowing the extension of residential uses into areas surrounded by industrial or other types of higher intensity uses. 2. The proposed amendment to the Comprehensive Plan is not consistent with the City's Comprehensive Plan or the Growth Management Act (GMA) chapter 36.70A RCW. The proposal is not consistent with the following Comprehensive Plan goals and policies: a. ED -P6 Promote the development or redevelopment of vacant and underutilized properties, particularly those with potential to serve as a catalyst for economic development. b. LU -G3 Support the transformation of commercial, industrial, and mixed-use areas into accessible districts that attract economic activity. c. LU -P5 Ensure compatibility between adjacent residential and commercial or industrial uses. d. LU -P12 Maintain a robust supply of productive industrial land. 3. The proposed amendment does not respond to a substantial change in conditions beyond the property owner's control. 4. The proposed amendment does not correct a mapping error. 5. The proposed amendment does not address an identified deficiency in the Comprehensive Plan. 6. There are no known physical characteristics that would create difficulties in developing the property under the proposed designation. 7. The site does not contain any streams, rivers or lakes. There will be negligible impact on the open space areas. 8. The current zoning of the property would require transitional regulations on site to mitigate impacts of higher intensity use on a residential use. If the amendment were approved, than transitional regulations would be applied to the four adjacent parcels at the time of development and would limit their area available for redevelopment. Limited measures to mitigate such impacts as noise, traffic, and pollution of dust between incompatible uses exist. Based on issued building permits and pre -application meetings, the Commission identified the area is growing as an industrial area and the amendment would allow for incompatible residential encroachment. 9. The proposed amendment will not likely have impact on parks, recreation or schools. 10. The proposed map amendment may affect the surrounding neighborhood by increasing the incompatibility of residential and industrial uses adjacent to each other and disadvantaging industrial zoned properties by limiting buildable area. 11. There are adequate lands available to accommodate the projected future demand of residential and industrial lands. Ordinance 19-004: 2019 Comprehensive Plan Amendments Page 4 of 12 DRAFT 12. The increase in density for the area was not contemplated in the Comprehensive Plan for the parcel. The change will have marginal impact on population density. 13. The request is in conflict with the Comprehensive goals and policies as identified in section 2 above. Council Decision: Deny the request to change the designation for parcel number 45183.9059 to Single Family Residential (SFR). File No. CPA -2019-0002: Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation from Single Family Residential (SFR) to Neighborhood Commercial (NC) and to change the Zoning District from Single Family Residential Urban (R-3) to Neighborhood Commercial (NC). Applicant: Whipple Consulting Engineers, Inc., 21 S. Pines Road, Spokane Valley, WA 99206. Amendment Location: Parcel number 45234.0210 addressed as 810 S. Sullivan Road, and parcel number 45234.4501 addressed as 902 S Sullivan Road; located in the SW corner of 8th Avenue and Sullivan Road, further located in the SE 1/4 of Section 23, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Findings: 1. The public health, safety, welfare, and protection of the environment will be served by the proposed amendment. Designating the property as neighborhood commercial will allow for neighborhood scale services to be developed across from Central Valley High School, an intensely developed school site, within walking distance to serve the residential area and student population. Infrastructure, including streets, water, sewer, and other utilities, are available to support the proposed amendment and will be provided through the course of development. 2. The proposed amendment to the Comprehensive Plan is consistent with the Growth Management Act (GMA) chapter 36.70A RCW. Specifically the following planning goals and policies would be met: a. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner; and b. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards; and c. ED -G1 support economic opportunities and employment growth for Spokane Valley; and d. LU -P1 Encourage neighborhood scale commercial uses in residential areas. 3. The proposed amendment does not respond to a substantial change in conditions beyond the property owner's control. Substantial change has not occurred since the 2016 Legislative Update to the Comprehensive Plan. 4. The proposed amendment does not correct a mapping error. 5. The proposed amendment does address an identified deficiency in the Comprehensive Plan. The 2016 Comprehensive Plan Update identified areas for NC zoning and identified the need as a community priority. The amendment location was not identified in the 2016 update, but it does offer an opportunity for smaller scale commercial development in an area that is generally consistent with the criteria for NC. 6. The goals and policies of the Comprehensive Plan were considered and the proposed amendment is consistent with the Comprehensive Plan. 7. Findings were made and factors were considered to ensure compliance with approval criteria contained in SVMC 17.80.140(H) (Comprehensive Plan amendments and area - wide rezones). 8. The Comprehensive Plan land use map amendment will not adversely affect the public's general health, safety, and welfare. Ordinance 19-004: 2019 Comprehensive Plan Amendments Page 5 of 12 DRAFT 9. The change to NC will allow neighborhood commercial development of the property. The site will likely transition from a residential use with residential driveways, trees, lawn, and buildings to a commercial building with parking structures, commercial landscaping, and stormwater treatment areas. Traffic will likely increase with the commercial development. Both sites have been developed with building, paving and grading activity. 10. The change to NC would not have any effect on open space, streams, rivers, and lakes. Any stormwater associated with commercial development will be retained and treated on the site. The site does not contain any streams, rivers or lakes. The open space areas associated with the required residential front, rear, flanking, and side yards will likely transition to parking or commercial landscaping areas. 11. The change is compatible with adjacent land uses and surrounding neighborhoods. NC development is limited in size to reduce impacts to neighboring residential uses. Development standards limit the height and location of commercial development and together with landscaping and screening standards, will reduce the impacts to adjacent residential uses. The existing church is a permitted use in the NC zone and was developed prior to the NC development standard. Subsequent changes of use would have to be a permitted use in the NC zoning district and comply with the NC development standards. 12. Adequate community facilities including utilities, roads, public transportation, parks, recreation, and schools exist. A neighborhood commercial use will likely have minimal impact on parks, recreation or schools. Generally a commercial use does not generate a need for those facilities. As noted earlier the uses permitted within the NC zone are smaller in scale and suited for neighborhoods. Sullivan Road is a Principal Arterial designed to serve through trips and connect Spokane Valley with the rest of the region; 8th Avenue is an Urban Minor Arterial. Minor arterial streets provide inter - neighborhood connections, transit access, and serve both local and through trips. No impacts on community facilities are anticipated. 13. The change will benefit the neighborhood. The 2016 Legislative Update increased opportunities for neighborhood commercial development throughout the City. The community expressed a strong desire to encourage neighborhood scale commercial development. The neighborhood is already served by the larger -scale commercial and retail uses north of site along 4th Avenue and Sprague Avenue. The existing church is consistent with neighborhood commercial development. The redevelopment of the southern property from single family residential to an NC use, such as office, would allow a use that is reasonable and appropriate for the location across from the school and adjacent to a church. 14. The 2016 Legislative Update to the Comprehensive Plan increased the areas that are zoned NC. The NC zoned lands are scattered throughout the City, primarily located on arterial streets within neighborhoods. NC zoned lands are located south of the site at the intersections of 16th and Sullivan, and 24th and Sullivan. A small coffee/espresso stand has developed at 16th and Sullivan. Of the five NC -zoned properties closest to this site, the 16th/Sullivan site is the only site to redevelop from the existing use into a neighborhood commercial use. This site is located within one half mile of major retail centers at Sprague/Sullivan and smaller retail centers at 4th/Sullivan. During school periods the Central Valley High School, with a student population of over 2,300 students, adds population density that can support NC development. 15. The NC zone allows single-family dwellings (current use of the south property) and neighborhood scale commercial development. Single family uses are permitted in the NC zone and the proposed change would have no effect on the land use capacity of the property. The proposed change in land use to NC will not impact the overall density of the area. 16. The NC designation would support many of the Economic Development, Land Use, Transportation, and Housing goals. The proposed land use change will have little effect Ordinance 19-004: 2019 Comprehensive Plan Amendments Page 6 of 12 DRAFT on the Capital Facilities and Public Services, Public and Private Utilities, Parks and Open Space and Natural Resources elements of the Comprehensive plan. Council Decision: Change the designation for parcel numbers 45234.4501 and 45234.0210 to Neighborhood Commercial (NC). File No. CPA -2019-0003: Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation from Single Family Residential (SFR) to Multi Family Residential (MFR) and to change the Zoning District from Single Family Residential Urban (R-3) to Multi Family Residential (MFR). Applicant: Joel Elgee, 24327 E. Maxwell Ave., Liberty Lake, WA 99019. Amendment Location: Parcel number 45181.0213 addressed as 8817, 8819, 8821 E. Sinto Avenue, 1405 and 1407 N Marguerite Road; located in the NW corner of Sinto Avenue and Marguerite Road, further located in the NE 1/4 of Section 18, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Findings: 1. The public health, safety, welfare, and protection of the environment will not be served by the proposed amendment. The neighborhood is developed with single family and two- family uses. Transitional regulations will limit the impacts of new high density residential development, however it is possible that conflicts may result by allowing high density residential uses into areas surrounded by low density residential uses, and provide for the further encroachment into the neighborhood. 2. The proposed amendment to the Comprehensive Plan is not consistent with the City's Comprehensive Plan or the Growth Management Act (GMA) chapter 36.70A RCW. The proposal is not consistent with the following Comprehensive Plan goals and policies: a. LU -P5 Ensure compatibility between adjacent residential and commercial or industrial uses. 3. The property is located within an older, well established neighborhood and minimal new development has occurred within the area. The commercial uses located across the street in the Mission Argonne Business Center are not oriented toward the neighborhood and not connected to the neighborhood. No change has occurred since the 2016 Comprehensive Plan update. The applicant indicated in the application materials that he would like to divide the property into individual lots associated with the existing duplexes and single family residence, while establishing a vacant lot for development. The minimum lot size in the R-3 zone (7,500 sq. ft.) does allow for the division, but does not provide for a vacant lot for further development. The current situation with two duplexes and single family dwelling on a single lot is a non -conforming use, but could be corrected under the current regulations. Although the amendment request allows the property to be brought in conformance with existing regulations it creates opportunity for high density development on the vacant lot which is inconsistent with the existing low density uses. 4. The amendment is not in response to a mapping error and would not correct any error. 5. The 2016 Comprehensive Plan Update sought to identify deficiencies in the use and development of multi -family properties. Two multi -family zones with different density allowances were in place prior to the 2016. The 2016 update consolidated the two zones into a single MFR zone with a density allowance of 22 dwelling units per acre. The update reaffirmed existing areas that were suitable for MFR uses and identified new areas that would be suitable for future MFR uses. This site was not identified for a change to MFR at the time of the update. The proposed amendment does not address an identified deficiency in the Comprehensive Plan. 6. The change to MFR would allow multi -family and/or some limited commercial development of the property. The site may transition from a residential use with residential driveways, trees, lawn, and buildings to a multi -family or office building with parking area, commercial landscaping, and stormwater treatment areas. In that case Ordinance 19-004: 2019 Comprehensive Plan Amendments Page 7 of 12 DRAFT traffic into and out of the area would increase with the multi -family or commercial development. The transition would have some impact on the physical environment based on the physical change to the location. 7. Stormwater associated with multi -family or commercial development is required to be retained and treated on the site. The site does not contain any streams, rivers or lakes. The open space areas associated with the required residential front, rear, flanking, and side yards will likely transition to parking or commercial landscaping areas. However there will be negligible impact on the open space areas. 8. Multi -family uses will have impacts on the adjacent uses. The impacts may include increased traffic, taller buildings, and more noise. The current zoning of the property would allow the property to be divided to establish individual lots for the existing structures and bring the uses into conformance with the zoning regulations. If the amendment were approved, conflicts could occur between the high and low density residential uses. Although transitional regulations would be applied to any high density development, they provide limited measures to mitigate such impacts as noise and traffic between incompatible uses. The Council identified the area as a low density residential area and the amendment would allow for incompatible high density residential encroachment into the neighborhood. 9. High density residential development will contribute to a need for parks, recreation, and schools. However, the proposed amendment will not have significant impact on parks, recreation or schools. 10. The proposed map amendment may affect the surrounding neighborhood by increasing the incompatibility of low density residential and high density residential uses adjacent to each. 11. There are adequate lands available to accommodate the projected future demand of residential lands and the change is not warranted. 12. The increase in density for the area was not contemplated in the Comprehensive Plan for the parcel. The change will have marginal impact on population density. 13. The request is in conflict with the Comprehensive goals and policies as identified in section 2 above. Council Decision: Deny the request to change the designation for parcel number 45181.0213 to Multi Family Residential (MFR). File No.: CPA -2019-0004 - CPA -2019-0008 and CPA -2019-0010 Proposal: Comprehensive Plan amendments to Chapter 2 — Goals, Policies & Strategies, and Chapter 5 — Transportation. The amendments also include the addition of a new appendix of adopted maps, and an appendix listing planned transportation improvements anticipated over a 20 - year horizon. Applicant: City of Spokane Valley, 10210 East Sprague Avenue, Spokane Valley, WA 99206. Council Findings: 1. The public health, safety, welfare, and protection of the environment will be served by the proposed amendments by ensuring that the Comprehensive Plan reflects the changing conditions and preferences of the community, as well as ensuring consistency with regional policy and other adopted plans. 2. The proposed amendments to the Comprehensive Plan are consistent with Growth Management Act (GMA) chapter 36.70A RCW. Specifically the following GMA planning goals would be met as well as specific Comprehensive Plan Goals and policies: Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. a. CPA -2019-0004: Updating implementation strategies and timelines. i. Economic Development: Support economic opportunities and employment growth for Spokane Valley. Ordinance 19-004: 2019 Comprehensive Plan Amendments Page 8 of 12 DRAFT ii. Land Use: Ensure that land use plans, regulations, review processes, and infrastructure improvements support economic growth and vitality. iii. Transportation: Ensure that the transportation system and investments in transportation infrastructure are designed to improve quality of life or support economic development priorities. iv. Housing: Allow for a broad range of housing opportunities to meet the needs of the community. v. Housing: Enable the development of affordable housing for all income levels. vi. Housing: Allow convenient access to daily goods and services in Spokane Valley' s neighborhoods. b. CPA -2019-0005: Text updates to pedestrian and bicycle elements. i. Transportation: Maintain and enhance a comprehensive multimodal transportation system that promotes, supports, and improves the safe, efficient, and reliable movement of people, vehicles, and goods. c. CPA -2019-0006: Annexation goal and policy additions. i. Land Use: Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. ii. Land Use: Ensure that land use plans, regulations, review processes, and infrastructure improvements support economic growth and vitality. d. CPA -2019-0007: Recommended network map updates. i. Transportation: Ensure that the transportation system and investments in transportation infrastructure are designed to improve quality of life or support economic development priorities. ii. Transportation: Ensure that transportation planning efforts reflect anticipated land use patterns and support identified growth opportunities. iii. Transportation: Provide for safe and efficient freight mobility. iv. Transportation: Maintain and enhance a comprehensive multimodal transportation system that promotes, supports, and improves the safe, efficient, and reliable movement of people, vehicles, and goods. e. CPA -2019-0008: Appendix of most recently adopted maps. i. Land Use: Ensure that land use plans, regulations, review processes, and infrastructure improvements support economic growth and vitality. f.. CPA -2019-0010: Appendix with 20 -year transportation improvement plan. i. Transportation: Ensure that the transportation system and investments in transportation infrastructure are designed to improve quality of life or support economic development priorities. ii. Transportation: Ensure that transportation planning efforts reflect anticipated land use patterns and support identified growth opportunities. iii. Transportation: Provide for safe and efficient freight mobility. iv. Transportation: Maintain and enhance a comprehensive multimodal transportation system that promotes, supports, and improves the safe, efficient, and reliable movement of people, vehicles, and goods. 3. The proposed amendments do not respond to a substantial change in conditions beyond the property owner's control. 4. The proposed text amendments do not correct a mapping error. 5. The proposed amendments do not address an identified deficiency in the Comprehensive Plan. However, these text amendments are policy -oriented and address strategies and network -level planning rather than site-specific impacts on the physical environment. Site-specific analysis will be addressed as individual capital facility projects are brought forward at a future time. 6. These text amendments are policy -oriented and address strategies and network -level planning rather than site-specific impacts on the physical environment. Site-specific Ordinance 19-004: 2019 Comprehensive Plan Amendments Page 9 of 12 DRAFT analysis will be addressed as individual capital facility projects are brought forward at a future time. 7. The proposed amendments are primarily policy oriented and have no direct impact on open space, streams, rivers, and lakes. 8. The City addresses adequacy of community facilities on a City-wide basis through capital facilities planning; annual updates to the Comprehensive Plan ensure that the City is adequately providing for the anticipated growth. These amendments recommend context - sensitive pedestrian and bicycle network improvements. Recommended facility locations and types respond to destination land uses and accommodating travel behaviors based on street and adjacent development characteristics. 9. The public benefit is furthered by ensuring the Comprehensive Plan is reflective of regional policy and current with other internal plans. 10. The proposed amendments are policy oriented and do not have a direct impact on the quantity and location of land planned for land uses. 11. The proposed amendments do not require population analysis. 12. The proposed amendments are consistent with the Comprehensive Plan and will have minimal impact on other aspects of the Plan. Council Decision: Change the Comprehensive Plan as described in CPA -2019-0004 — CPA -2019- 0008 and CPA -2019-0010. File No. CPA -2019-0009: Proposal: City -initiated site specific Comprehensive Plan map amendment requesting to change the designation from Multi Family Residential (MFR) to Corridor Mixed Use (CMU) and the zoning from Multi Family Residential (MFR) to Corridor Mixed Use District (CMU). Applicant: City of Spokane Valley, 10210 East Sprague Avenue, Spokane Valley, WA 99206. Amendment Location: Parcel numbers 45104.9150, 45104.9151, 45104.0324, 45104.0315, 45104.0311, 45104.0307, 45104.0308, 45104.0330, 45104.0329, 45104.0323, 45104.0327 and, 45104.0328, addressed as 13303, 13507, 13515, 13519, 13607 and 13621 East Mission Avenue, located north of Mission Avenue between the intersections of Mission Avenue and McDonald Road and Mission Avenue and Mamer Road, further located in Section 4 of Township 25, Range 44, Willamette Meridian, Spokane County, Washington. Council Findings: 1. The public health, safety, welfare, and protection of the environment will be served by the proposed amendment. The amendment provides more flexibility of uses and intensity in an area surrounded by similar zoning and uses. The amendment will allow opportunity for increases in uses providing complementary daily goods and services and the subject properties will benefit by being allowed to develop consistent with the adjacent land uses. 2. The proposed amendment to the Comprehensive Plan and Zoning Map is consistent with Growth Management Act (GMA) chapter 36.70A RCW. Specifically the following planning goals would be met: a. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner; and b. Provides for economic development adjacent to similar zoned parcels and utilizes land for infill development within an urban area; and c. Provides a suitable land use designation consistent with the City's GMA compliant Comprehensive Plan; and d. ED -P6 Promote the development or redevelopment of vacant and underutilized properties, particularly those with potential to serve as a catalyst for economic development; and e. LU -P5 Ensure compatibility between adjacent residential and commercial or industrial uses; and f. LU -P16 Maximize the density of development along major transit corridors and near transit centers and commercial areas; and Ordinance 19-004: 2019 Comprehensive Plan Amendments Page 10 of 12 DRAFT g. H -G1 Allow for a broad range of housing opportunities to meet the needs of the community; and h. CF -P2 Optimize the use of existing public facilities before investing in new facilities. 3. The proposed amendment does respond to a substantial change in conditions due to the 2016 Comprehensive Plan land use designation and zoning change of the surrounding properties. The City underwent an extensive legislative Comprehensive Plan update in 2016. At that time, the subject parcels were designated consistent with the existing land uses and maintained the same land use designation. The surrounding properties to the north and west received a new land use designation of CMU. 4. The proposed amendment does not correct a mapping error. 5. The proposed amendment does not address an identified deficiency in the Comprehensive Plan. 6. The properties will have the opportunity to transition and add a mix of uses to serve the surrounding single family, duplexes and multifamily, commercial and office services. There is no concern on effect of physical environment. 7. The site does not contain any streams, rivers or lakes. There will be negligible impact on the open space areas. 8. The amendment is consistent with the adjacent land use designation, and allows the properties to develop consistent with the existing CMU designation and development along the entire corridor on the north side of Mission Avenue. 9 The proposed CMU designation will have minimal impact on parks, recreation or schools. The City prepared a Trip Generation and Distribution Letter concluding there is adequate capacity. No impacts are anticipated. 10. The proposed land use designation provides equal development opportunity to the properties along the corridor which encourages development and implements the vision for corridor. 11. Since the majority of the proposed amendment area is developed the amendment would have marginal impact, but the change would allow for more intensive uses and increased density. 12. Since the properties are substantially developed, the change to CMU development is not anticipated to increase or decrease the population or density in the area. Although it is noted that additional units could be developed on site above the current density. The change should not result in significant impacts on the projected population density. 13. The CMU designation will support many of the Economic Development, Land Use, Transportation, and Housing goals. It would have little effect on the Capital Facilities and Public Services, Public and Private Utilities, Parks and Open Space and Natural Resources elements of the Comprehensive plan. Council Decision: Change the designation for parcel numbers 45104.9150, 45104.9151, 45104.0324, 45104.0315, 45104.0311, 45104.0307, 45104.0308, 45104.0330, 45104.0329, 45104.0323, 45104.0327 and, 45104.0328 to Corridor Mixed Use (CMU). Section 5. Map - Copies on File -Administrative Action. The Comprehensive Plan (with maps) is maintained in the office of the City Clerk as well as the City Department of Community and Public Works. The City Manager or designee, following adoption of this Ordinance, is authorized to modify the Comprehensive Plan (including maps) in a manner consistent with this Ordinance, including correcting scrivener's errors. Section 6. Liability. The express intent of the City is that the responsibility for compliance with the provisions of this Ordinance shall rest with the permit applicant and their agents. This Ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Ordinance 19-004: 2019 Comprehensive Plan Amendments Page 11 of 12 DRAFT Section 7. Severability. If any section, sentence, clause, or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this day of May, 2019. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Approved as to form: Date of Publication: Effective Date: Office of the City Attorney Ordinance 19-004: 2019 Comprehensive Plan Amendments Page 12 of 12 Comprehensive Plan Map E 8th Ave Study Area E 9th Ave CPA -2019-0002 Request: Sitikane Owner: Advent Lutheran Church TCF Properties LLC Change the land use designation from Valley Parcel#: 45234.4501, .0210 SFR to NC and the Zoning from R-3 to NC Address: 810 S Sullivan Rd Comprehensive Plan Map JAW Ona ' E 1 90 Fwy EI90Fwy E Nora Ave 90 E290 OFF Ranip Study Area 45104.9151 13107 E MISSION AV 1 4S104.0307 0 ADDRESS UNKNOWN 45104.9150 13107 E MISSION AVE 45104.0328 0 ADDRESS UNKNOWN 45104.0324 13607 E MISSION AVE 45104.0323 0 VACANT LAND 46104.0377 0 ADDRESS UNKNOWN 45154.0300 13607 E MISSION AVE 45104 0329 0 ADDRESS UNKNOWN E Mission Ave 46#04.0315 13515 E MISSION AVE 45104.0311 13519 E MISSION AVE 45104 0330 13621 E MISSION AVE II 11 1010101010101010101 I0I0I01 IU"[ _.IIII 1111_10101111111 ioidllmMY' E Sin o AvI 1111111111111111111111111111111111111111111111V] V1111111111111111111111111 1 1 Spokane �.� Valley CPA -2019-0009 Owner: Ronnie and Bonnie Carlson, Sharon Janson, Jerry Kjos, John Massong, On The Solid Rock We Stand, LLC, Consolidated irrigation District No. 19, Henderson Legacy, LLC, Whimsical Pig LTD Partnership Request: City initiated proposal to change land use designation and zoning ran? MFR to CMU CPA -2019-004 Draft amendments to Chapter 2 Implementation Strategies STRATEGY PRIMARY ELEMENT RELATED ELEMENT(S) LEAD& PARTNERS TIMING PRIORITY Undertake a comprehensive branding process to create and market an identity for Spokane Valle that sells the City's inherent Y Y' assets to would-be residents, employers, and visitors. • Economic Development • • E,D. Division; Visit Spokane 2017Qn2u HIGH ing Continue participation in regional tourism -promotion efforts and presence increase the City'sin regional events using space at • Economic Development • • E.D. Division; VaVleyFest, Visit Spokane, Sports Commission Ongoing HIGH Centel -Rice. Seek opportunities for funding and • Development • • • • ® E.D. Division; Vis+t�p ice.,., 201301 rD HIGH improvements for tourism related improvements such as the Evaluate thefeturn on investmentEconomic CenterPlace. West Lawn o, n0 improvements. anchors and allocate available funds according to the findings Continue to advance Gensider • Economic Development • E.D. Division 2018Ong Ding HIGH Ong GIS and web -based technologies to assist business development. Intensify targeted retail recruitment effortsContinue to • Economic Development • ` • E.D. Division; Consultant �9Ong ging MEDIUM implement the Retail ecruitment P B Plan. Evaluate local interest in the creation of a Bunincss " Economic •-• •.•.•-•-, E-444:44640ni tae County 2019 MEDIUM Development Conduct analysis and • Economic Development • E.D. Division; Parks 2019 MEDIUM a market initial business for a local planning farmers' marketldentifv Regional lth opportunities for the formation of a District Farmers' market at CenterPlace. Revise and update the City's • Economic • •• •• •• •• •• •• •• E.Q. Division; Ongoing HIGH website to meet accessibility standards, increase search engine Development optimization. improve user STRATEGY PRIMARY ELEMENT RELATED ELEMENT(S) LEAD6� PARTNERS TIMING PRIORITY experience and streamline and simplify content. Evaluate and develop criteria to • Economic •••••••• E.D. Division: 2014 HIGH assist in the evaluation of annexations. Development Streamline permitting procedures toadvance our business friendly • Land Use • Building anfi Dev. SeryicesDivisio Ongoing HIGH environment based on feedback from business and landowners, developers, etc. n Evaluate and • •-•-•-•-•-•-•-• nom_ ___ 2017 LOW parking standards reduce the amount of mow-ire' if fc%asiblo Land Use parking Collaborate with the private sector to facilitate the successful redevelopment of Mirabeau Point. • Land Use • • ,, • E.D. Division )('l:7() HIGH Coordinate transportation planning efforts with other jurisdictions to• ensure that Spokane Valley businesses and neighborhoods are well served. Transportation • • ' • Public WorksE.D. and Ongoing HIGH Engineering Divisions; adjacent jurisdictions, STA Evaluate and where feasible, • Transportation •••••••• Engineering 2020 HIGH implement traffic impact fees in areas of the City where detailed traffic studies have been completed. Work with STA to improve and • Transportation • • "• IRs 3ARerksE.D. and 2022 MEDIUM expand transit service in the City. Engineering eto provide bus shelters at strategic location:, Divisions; STA Evaluate and consider amendments o Transportation •••••••• E.D, Division 2019 HIGH to the municipal code that enhance Engineering grant eligibility for projects that Health District; improve safety and accessibility. STRATEGY PRIMARY ELEMENT RELATED ELEMENT(S) LEAD& PARTNERS TIMING PRIORITY Seek opportunities to continue to fund.raili oad grade separations on Pines Roadan4Berkcr Road. • Transportation • • • Pubiie WorksEnginee ring; Chamber of Commerce, GSI Z0,„>:>' HIGH Identify low- and moderate -income housing needs. • Housing ® ' E.D. Division; Spokane Housing Authority 2024 LOW Explore and potentially adopt a • Housing • • E.D. Division; 2020 MEDIUM Multi Family Tax Exemption in key areas. Continue to evaluate new housin g typologies to meet market needs. • Housing • • • ED Division; Homebuilders Association 2024 LOW Identify facilities •E.D.-D1,451044 Capital._ Facilities kik Works 20171614 needed capital improvements that are critical to economic development Update wayfinding and signage for the entire City, and incorporate a consistent aesthetic or theme based on the outcome of the City's branding process. • Capital Facilities • • • E.D. Division; Downtown Partnership 2020 0 LOW '?. Identify opportunities for the • Capital Facilities • • •,r, • Parks and Rec 2020 MEDIUM expansion of Balfour Park Execute for the Dept. and E.D. Division a citizen supported vision redevelopment of the arca the new City Hall. surrounding Improve new and existing access points to the Spokane River, • Capital Facilities • • • • • Parks; Department of Ecology 2020 MEDIUM Create a 20 -year transportation • Capital Facilities • • • • • Administration Engineering 2022201 t'AEDIUMH I GH project list to inform the 6 -year transportation improvement h for and E.D, 9 programEsti..bIi criteria Divisions prioritization of capital investments_ STRATEGY PRIMARY ELEMENT RELATED ELEMENT(S) LEAD& PARTNERS TIMING PRIORITY Establish Facilities Condition • Capital • • • • • Administration ,engineering, 2022 MEDIUM a Index (FCI) to provide information A and cost priorities cstimatcsImplenient an assetFacilities Street management program for the Maintenance street and stormwater maintenance programs. Work to extend and improve water, • Public and Private Utilities • • • • Engineering 2022 HIGH and E.D. Divisions; Spokane County Consolidated sewer and road infrastructure in the Northeast Industrial Area Extend infrastructure to sewer support industrial development. Irrigation District Extend water infrastructure to 41 Public and Private Utilities •-•-•-•-•-•-•-• te.. Con Irrigotion District support industrial development 202 Coordinate with utility providers • Public and •••••••• Engineering I I G !--1 and E.D. Division; 5pakar�e on the timing of caaital Private improvement2022 projects. Utilities County; Water Districts Leverage the Applcway and Centennial Trail to improve • Parks and Open Space • • • • E.D. Division; adjacent businesses 2020 MLQ W adjacent business opportunitiesldentifv and implement opportunities, like the Parklet and Streeteries ordinance that take advantage of proximity and access to the Applewav and Centennial Trails. Identify and seek 5-eek funding to le Parks and Open Space • • • . Parks.and E.D. Division; Resource Conservation Office 2020 LOWMEDIU develop north-south trail connections between the Ap_ lewale and Centennial I rails.kcy east west M corridors Evaluate the feasibility of • � aR4Qpen Space � � �,____________- - — - E� Division ��-===�=a.., 2017 114E-144.144 developing a public park along tho c" E.RyeF CPA -2019-0006 Draft amendments to Chapter 2 Goals and Policies CPA-2019-006 Proposed Amendments to Chapter 2: Goals, Policies, & Strategies LU-P19 Develop criteria to (identify, process, and assess the annexation of land into opportunities to annex lands within the UGA that will benefit Spokane Valley. LU-P20 Identify land designations for potential annexation areas in the Comprehensive Plan for the adjacent Urban Growth Areas to the city. CF-P16 Plan and coordinate the location of public facilities and utilities in potential annexation areas, including identifying the fiscal impacts of providing the facilities, utilities, services, and maintenance. CPA -2019-0005 Draft amendments to Chapter 5: Transportation CPA -2019-005 Proposed Amendments to Chapter 5: Transportation Pg. 5-77: Pedestrian Facilities Residents and visitors in Spokane Valley walk as part of their daily travel for many reasons. Children attending school, commuters taking the bus or connecting with a carpool to get to work, and senior citizens making midday trips all require safe pedestrian amenities. Sidewalks, crosswalks, curb ramps, and small curb radii are all key features in creating a safe and welcoming environment for people to walk. Furthermore, research suggests that people are more likely to walk to their destinations when those destinations are within a reasonable walking distance and when the trip offers an engaging and aesthetically pleasing, strolling environment. To that end, providing buffers between sidewalks and lanes of traffic, such as landscaping or on -street parking, can also increase safety and comfort for pedestrians, particularly on arterial streets. The images in Figure 25 show some of these features on Spokane Valley streets. Pg. 5-78: Sidewalks are present on both sides of most principal and minor arterials in Spokane Valley as well as some collectors. The City has also prioritized providing sidewalks near schools, libraries, transit locations, and trailheads. While quiet residential streets may not require sidewalks for a safe pedestrian environment (with the exception of key routes to schools), some arterials lack sidewalk coverage, such as Mission Avenue, 4th Avenue, and Adams Road. Plans for adding to the sidewalk network generally focus on filling existing gaps on arterials. In addition to sidewalks and crosswalks along streets, Spokane Valley also has paved shared -use paths for pedestrians and bicyclists. The Centennial Trail provides a dedicated east -west connection along a shared -use path. The trail Pg. 5-79: is part of a regional connection through Spokane and to the Washington -Idaho state border. The new Appleway Trail provides an additional east -west corridor for pedestrians and bicyclists along the former Milwaukee Railroad right-of-way. Spokane Valley is actively working on extending the Appleway Trail, and the City has also identified other opportunities for shared use paths along former and active rail lines. The planned network will eventually create an interconnected system linking the Appleway Trail, the Centennial Trail, and Dishman Hills Natural Area as part of a regional pathway network. Spokane Valley has a well-developed grid of arterial streets spaced roughly one-half mile apart, which is typical of communities built in the post -World War Il era. While this system is efficient for vehicle travel, crossing major streets like Sprague Avenue or Pines Road can be difficult on foot or bike since signalized crosswalks are spread far apart. Additionally, crossings of Interstate 90 and Trent Avenue are limited and are often located at busy interchanges or intersections. These gaps in safe crossing locations isolate parts of Spokane Valley and lead to people driving for short trips that they could typically make on foot or via transit. The reap in Figure 26 illustrates a range of pedestrian facilities in Spokane Valley, as well as recommended improvements from the Bike and Pedestrian Master Program, which is the City's adopted long-term bicycle and pedestrian plan. The City's long- term sidewalk network prioritizes improvements in areas with high numbers of short trips and concentrations of employment and housing. Recommendations also prioritize sidewalks along Safe Routes to School and in low - moderate income areas. Finally, the recommended network prioritizes sidewalks in locations with a high risk for serious-iniury or fatal pedestrian -auto collisions. Existing Bicycle Facilities Similar to sidewalks, bicycle facilities are an important element in the transportation network that provide a safe and identifiable bicycling Pg. 5-80: environment. Bicyclists in the Spokane Valley can utilize a variety of facilities, including shared -use paths, bike lanes, and bike friendly routes to reach their destination as shown in Figure 27. However, gaps in the network create an environment in which cyclists must navigate through vehicle traffic or difficult arterial crossings to complete their journey, decreasing safety for motorized and non -motorized travelers alike. While the City has trails and bike lanes that form a spine of north -south and east -west connections, some of these facilities are not continuous and require bicyclists to merge in and out of traffic. Figure 27 also shows Spokane Valley's long-term plan for the bicycle network to address the gaps described above. Pg. 5-81: The existing roadway geometry in many parts of Spokane Valley includes wide lanes, on -street parking, and a high number of driveways, which make many bicyclists feel uncomfortable riding in the street. Some corridors, such as Sprague Avenue and Mission Avenue, have striped bike lanes but also high vehicle speeds and volumes. The long- term bikeway network recommendations prioritize facilities in locations with the greatest potential for improving safety, accommodating local trips, and mitigating traffic congestion. Pg. 5-93 BEST PRACTICES Modernizing Infrastructure identifying any infrastructure that needs or will need updating or replacement prior to the point at which those investments become critical will allow Spokane Valley to budget accordingly and find funding to avoid infrastructure failures. in an era when many pieces of infrastructure have aged and budgets are constrained, this planning is valuable to the City, its residents, and employees. Maintaining Cost gffectiveness Compared to other cities in the region, residents highlighted the good state of repair with respect to street and bridge maintenance. This results in lower overall costs to reconstruct streets and more opportunities to invest in other City priorities. The City will continue to prioritize street and bridge maintenance and will continue to make informed decisions about budgeting and capital expenditures. Linking Multimodal Systems The effectiveness of a transportation network may be limited by deficiencies in the connections between transportation modes. Identifying and fixing places where there are safety concerns, a lack of facilities, or missing "last mile" connections will ensure that Spokane Valley's network functions cohesively and efficiently for all users. Policies such as a Complete Streets ordinance would guide the completion of these connections in coordination with ongoing capital improvements, Such policies improve grant eligibility and can reduce the cost of making improvements that support safe travel for all roadway users. CPA -2019-0007 Draft amendments to Figures 26, Figure 27, and Figure 46 E Mission Ave ataldo Ave Dishrnan Hitls Natural Area Uplands Dishman Hills Conservation Area Pv E Upriver Dr cnca�cy .-.vc 7 C) E Euclid AveJ liven ark r 1 0 ---1 cc c a) 2 z 0 U r e Ave E Miss .on Ave E.I 91 Fwy rt 3 _ u 0 0 Z a le`N tarn Dishman Hills Natural Area 0, C U) E8thAve I d aMIIIMAIsIIMsC•• r1IMsrrrssI� Dishman Hills — Co7srjationArea E f?l4th Ave E 44th Ave 6th Ave [ 1 1 'CS "y E 32nd Ave E 24 Ave 4-1—< E 32nd Ave ♦ Saltese U1 Can servatic East #361 E�ementary 290 Orchard Center -- Millwood E Eudid Ave st Vail enior Hi u!/ivan 'lard Park Centennia Middle ti Arthur _iptsless _ F,.lementary gh d Riverbend Elementary 0 Central Valley Kindergarten Cent UtbstiValleyia Cliy School St St -John Vianney John nney, ss ntary E Mission Ave Learning and Teaching Crnter `E c ataldo Ave ES ue Ave cc 2 2 Z Pioneer and Rainbow Greenacres Middle O EA••le blvd Natural Area Central Valle Early Leaming Ce Pefirttmtty Elementary O University Elernen ry 0 umrriit chool ary's Adams erne Greenacres Elementary Centra Valley High P_ L, we Mcabnatd —Evergreen Elementary Middle M •die „South Pi s S El ame nta` E Valley Christian Dishrnan Hills Conservation Area E 32nd Ave Chested Uni / Elemental High Horizon • nrise men. Central Valley #356 Saltese Uplands Conservation Area CPA -2019-0008 Draft new Appendix A: 11"x17" Maps E Mission Ave El te's Fe E kudid Av M illwoo ?ullivan Park E Mission Ave ataldoAve ountry vista Dr 6 snman Hills Natural Area hn ConservationDismanHArsrea Saltese Uplands Conservation Area CC -- z t•ullivan Park zi ..r tinutimrim E Mission Ave a Dishman Hills Natural Area try Vista D rve 1 Dishman Hills Conservation Area • „"). lipmirc;,9,71' 21 Add A Irrr, plands ea te's Fe Pa rk E Mission Ave z • Dishman Hills Natural Area z ■ a ***** I 1m a i Z MINII l_---_..1- 1! ■■ 1 ffialdoAve -EGcuntry Usti Y �II WO)Uplar: Dishman Hills Conservation Area ti te's Fer • Mirabeau Point Park 'uilivan PP" E Mission Ave E aWdoAve pve sPieway Blvd 4 • Dishman Hills Natural Area a r } 98 w w� J } , i Saitese Uplands Conservation Area 0 off- P i1 la Dis'fZman Hills Conservation Area E• s P N 1/ 3132 23005 U) 19877 Millwood 996 E Euclid Ave E EMPire N1 av eF 355 i s 0> 226 ;711 12411 CN N 7568CO 2447 Mira beau Point Park 1l 11213 E Mlssicf Ave W 9276 Z 0 CO CON 21847 25288 19948 1902 1915 co Dishman Hills Natural Area 2055 c%i 4614 Saltese Uplands Conservation Area v1 Liberty Lake to 8698' 10632 11209- E 32n Dishman Hills Conservation Area 438 q E 13000 — y1 1 , ,(1,17 EEUcPdave- 300 o Mil[Wo �J� � o 700 2700 9.' 4100 0 N... 0 262\ 13800 5000 8800 89001 9200 10300 .11100 cc OCD O) N tN-• 0 8200 11000 29700 30p X26600 23400 20800 8700 te's Fe Park 5300 0 29600 11 10 0 Mirabeau '•, Point Parkl �' 9700 5840 Valley - Mission Park -10500 0 0 I0 10200 9600 0 27500 17000 :16000' Dish man Hills Natural Area 10400 E g 32100 16500 0 co 6300 289 0 0 2"4600 0 CO 0 CO 6300 Nm 0 0 25100 4300 0-- c� 0 8500 7000 2100 �� 1 20300 o"16100 uiivan /11 o Park 10800 8300 6200 1000'0 1600 N 3200 rmi I-- 3900 3800CO 0 0 W o 2700 0 2500 11000 Ave 34000 3700 2700 4000 0 31800 rn 0 2100 0 0 N 0 N 12300 0 00 28400 2700 • 3600 3900 29000 2800 O , 3400 0 0 ,4100 011 E Milson Ave 12900_ 0 LO 0 N 20700 9800 0 0 N 25800 c 27000 0 0 0 3800 fD 2800 2300 0 0 sora rn EAP ,61O13 17400 O E etaleO Ave G unto Vista 0 26 80 0 6500 5100' 0 0 0 r 0 0 LO 0 t+7 6700 9300 0 0 (U CO 0 0 -11400 1300 0 1700 0 0 0 6300 6900 0 e m 0 76'e'�a. om 1300 � m�0 r- Dishman Hills Conservation Area 8 11100_ cv a .0 6700 6200 0 0 0 N O N 2700 3100 c 3700 ?00 co , r ' 13500 0 rn 0 Q O oo� co Co r d 1700' 2700 ea Saltese Uplands Conservation Area 0 A4 A 4rr r"" ral wjlo./4/ 7 ,44,/,), City of Millwood -Serviced by Orchard Avenue Irrigation Inue DI3t#6 n 1 6 City ofMillwood -Servied by Orchard Avenue Irrigation District #6 ie later #3 • • Millwood E Empire Way City of Millwood te's Derr, Park • Mira beau Point Park c z Hutchin on Irrigation District #16 -o —• Modern Electric Water Company ra. eAve 1 to A..Tewa Blvd J Dishmon Hills Natural Areq r Dishman Hills Conservation Area p6 Model * Irrigation nr trim#16 • • Spokane county Water District#3 0 Kiser Trentwood 0 Consoiidatec Irrigat:un DisEr'ict#19 SC 0 96 Z • Wliivon '� • Spokane Industrial Park 0 Pork Consolidate IrrleaElon District X719 • Irrigation District #19 Home Park 0 Consolidated Irrigation District #19 N Ba rke r Rd 1 Et ataldo Ave • E Mission Ave 0 Spokane Valley Fire I�1 Spokane County Water District #3 f4 F • 1 E 32nd Ave rff i • • Vera Irrigat on District#15 F • Y r40/ e /A Sait2se Jp1anc s sweemisaarkuramoicesme E' „:, , West ///, �icu icn�i y mentary 290 te's Fer Park East Valley #361 Orchard Cid ale Millwood E Eudid Ave E Em9Ife WaY, nt lementary st Vali enior Hi Mirabeau Point Park okane lley gh vs z dard North Pines Barker igh School nd Learnin. verbend ementary Central Valley Kindergarten Cent F ss ntary Pioneer and Rainbow Lie Ave 9 Dishman 1 -tills Natural Area *Adams V y tti Valley High Eve • Middle E Mission Ave Allataldo Ave Greenacres Middle :,..” Greenacres ElementaryOA Arfi—' Disirman I-Ii1Is Conservation Area Saltese Uplands Conservarion Area Mirabeau Point Park 11 pp� x z ave E Mission Ave E CataidoAve Dishman Hills Natural Area ESprague Ave U) Saltese Uplands Y J Conservation Area Dishman Mils Conservation Area "0/1://fr774 Millwood O m z Mirabeau Point Park a a z ullivari Ra rk z m 0 C £ Spra ueAve w z z E Mission Ave Dishman Hills Natural Area URBAN NATURAL OPEN SPACE IORTH WEST 'I-11TE-TAILED DEER ROCKY, MOUNTAIN EL K ROCKY MOUNTAIN ELK / Saltese Uplr€ds Conservtion.4rea /74 PR ANC WATERFOWL CONCENTRATIONS WETLANDS 0/0/47iyA7 E EuctidAve Millwo�oci ��- = 0 \\), Ml i rabee u Point park N Sullivan Rd Sullivan Park ey E Mission Ave E Cataddo Av SpragueAve m `, z CPA -2019-0010 Draft new Appendix B: 20 -year Transportation Project List 20 -Year Transportation Improvement Plan 1/31/2018 This document identifies anticipated and potential projects that fall outside the 6 -year TIP. Proiet Description Project Type Cost Timeframe :Years Grade Separation Protects Pines/BNSF GSP Construct Grade Separation at Pines/BNSF RR/Trent (59290) Grade Separation $ 29,000,000 7-10 years 2025-2029 Park Road / BNSF Grade Separation Construct Grade Separation at Park/BNSF RR/Trent (SR290) Grade Separation $ 25,000,000 10-20 years 2030-2039 Intersection Improvement Projects Pines Rd., SR -27 & 16th Intersection Uprade or replace traffic signal Intersection Improvement P $ 3,400,000 7-10 years 2025-2029 Mirabeau & Mansfield Intersection Add traffic signal or roundabout Intersection Improvement $ 900,000 7-10 years 2025-2029 8th & Barker Intersection Improvement Add traffic signal or roundabout Intersection Improvement TBD 7-10 years 2025-2029 Barker & Appleway Intersection Improvement Project Replace traffic signal or replace signal with roundabout Intersection Improvement TBD 7-10 years 2025-2029 Bowdish & 32nd Intersection Improvement Signalize Intersection or add roundabout Intersection Improvement TBD 7-10 years 2025-2029 Thierman & Appleway Intersection Improvement Adjust turning movements and signal phasing Intersection Improvement TBD 7-10 years 2025-2029 4th & Pines Intersection Improvement Signalize intersection Intersection Improvement TBD 7-10 years 2025-2029 8th & Park Intersection Improvement Address traffic control and lane configuration. Intersection Improvement $ 3,400,000 7 10 years 2025-2029 Sullivan & Indiana Intersection Improvement Add a second westbound left -turn lane Intersection Improvement $ 70,000 10-20 years 2030-2039 Sullivan & Mission Intersection Improvement Reconfigure eastbound to include a left and through -right lane; retime signal Intersection$ Improvement 61,000 10-20 years 2030-2039 Sullivan & Trent Interchange Upgrade and widen grade separation at Sullivan/BNSF/Trent (59290) Grade Separation $ 27,000,000 10-20 years 2030-2039 Fancher & Broadway Intersection Improvement Widen to include east and westbound left- turn lanes and remove split phase Intersection Improvement TBD 10-20 years 2030-2039 Pines & Indiana Intersection Improvement Add westbound left -tum lane, retime traffic signal. Connect sidewalks and bike lanes Intersection Improvement $ 940,000 10-20 years 2030-2039 Sprague & Argonne -Mullan Concrete Intersections Reconstruct intersections In concrete pavement Intersection Improvement $ 2,400,000 10-20 years 2034-2039 Sprague & Fancher Concrete Intersection Reconstruct Intersection in concrete pavement Intersection Improvement $ 1,600,000 10-20 years 2030-2039 Sprague & Thierman Concrete Intersection Reconstruct intersection in concrete pavement Intersection$ Improvement 1,300,000 10-20 years 2030-2039 Sprague & University Concrete Intersection .. Reconstruct intersection in concrete pavement Intersection Improvement $ 1,700,000 10-20 years 2030-2039 Flora & Trent Intersection Improvement Signalize intersection and add left turn lanes en Flora or convert to a roundabout Intersection Improvement $ 2,200,004 10-20 years 2030-2039 Evergreen & 32nd Intersection Improvement Signalize intersection or add roundabout Intersection Improvement TBD 10-20 years 2030-2039 Reconstruction Boone Ave. - Flora to Barker Reconstruct roadway to city standard and address right-of-way Reconstruct TBD 7 - 10 years 2025-2029 Paris Rd. - Broadway to Indiana Reconstruct to a 3-lane section with curbs, sidewalk, bike lanes and new stormwater facilities Reconstruct $ 4,500,000 7 - 10 years 2025-2029 Argonne & 1-90 Bridge Improvement Reconstruct Argonne Rd Bridge to 3 Lanes southbound. Add 10' shared-use sidewalk. Reconstruct $ 10,000,000 7 - 10 years 2025-2029 Sullivan Rd - Spokane River to Wellesley Widen to 5-lane section and reconstruct intersections at Kiernan and Marietta Reconstruct $ 5,300,000 7 10 years 2025-2029 Bowdish Road - 16th to Sprague Sprague to 8th: Inlay & Enhancement; 8th to 16th: Reconstruct as 2-lane section with curb, sidewalk, bike lanes, and new stormwater facilities Reconstruct $ 2,900,000 7 - 10 years 2025-2029 Bowdish Road - 24th to 32nd Reconstruct roadway as 2-lane section with curb, sidewalk, bike lanes and new stormwater facilities Reconstruct $ 2,700,000 7 - 10 years 2025-2029 Broadway Ave. - Flora to Barker Extend Broadway arterial to Barker Rd with bike lanes, Realign Broadway connection east of Barker Reconstruct $ 5,200,000 7 - 10 years 2026-2029 Flora Rd. - Indiana to Sprague Widen to 3-lane section with curbs, sidewalk and new stormwater facilities Reconstruct TBD 7 - 10 years 2025-2029 Mission Ave, Barker to City Limits Widen to 4-lane section with curb, sidewalk, bike lanes, new stormwater facilities and turn lanes at key intersections Reconstruct TBD 7 - 10 years 2025-2029 Sullivan Rd. - 24th to City Limit Widen to 5-lane section with curb, sidewalk, bike lanes, and new stormwater facilities Reconstruct TBD 10-20 years 2030 - 2039 Bowdish Road - 8th to 24th Reconstruct with curb, sidewalk, bike lanes, and new stormwater facilities Reconstruct $ 2,900,000 10-20 years 2025 - 2029 Barker Rd. -1-90 to Mission Widen to 5-lane section with curb, sidewalk, bike lanes, and upgraded stormwater Facilities Reconstruct $ 2,900,000 10-20 years 2030-2039 1-90 & Barker Road Interchange Replace existing bridge and interchange, upgrade roundabouts to two lanes Reconstruct $ 26,600,000 10-20 years 2030-2039 Pines Rd. & 1-90 Interchange Address lane configuration approaches to Mission and Indiana. Reconstruct TBD 10-20 years 2030-2039 4th Ave. - Dishman Mica to Sullivan Resurface,upgrade to 2-lane section with curb, sidewalk, bike lanes, and new stormwater facilities Reconstruct TBD 10-20 years 2030-2039 8th Ave. - Havana to Park Widen to 3-lane section with curbs, sidewalk, bike lanes and new stormwater facilities Reconstruct TBD 10-20 years 2030-2039 8th Ave. - Dishman Mica to Sullivan Resurface and upgrade to 2-lane section with curb, sidewalk, bike lanes, and new stormwater facilities Reconstruct TBD 10-20 years 2030-2039 Carnahan Rd. - 8th to South City Limit Widen to 3-lane section with curbs, sidewalk, bike lanes and new stormwater facilities Reconstruct TBD 10-20 years 2030-2039 Valleyway Avenue - Park to Sullivan Resurface, add crossing treatments at intersections, curb and sidewalk as appropriate Reconstruct TBD 10-20 years 2030-2039 ITS Evergreen & Broadway ITS ITS along Broadway from Pines Rd (SR -27) to Evergreen, along Evergreen from Sprague to 1.6th Ave. ITS 3 1,870,000 7 - 10 years 2025-2029 Pines Corridor ITS - Sprague to 16th Traffic Signa b Control System for Corridor ITS $ 800,000 10-20 years 2030-2039 Pedestrian & Bicycle/Safety STA: Sprague HPTN Transit Sidewalk Improvements Coordinate with STA's improvements to accommodate HPTN on Sprague between Havana and 1-90 Appleway Trail - University to Dishman Hills Extend Appleway Trail from University Road to Dishman Hills Ped & Bike/Safety TBD 7 10 years 2025-2029 Flora Rd. - Indiana to Sprague Construct shared -use pathway to connect Appleway Trail to Centennial Trail Ped & Bike/Safety TBD 7 - 10 years 2025-2029 Pines Rd. - Mirabeau Parkway to Trent Shared -use path connecting Mirabeau to Pines GSP Ped & Bike/Safety TBD 7 - 10 years 2025-2029 Connections to Millwood Trail Install way -finding signage to connect Millwood and Spokane sections of trail, paved connection from Montgomery Ped & BikelSafety $ 350,000 7 - 10 years 2025-2029 12th Ave. Crossing Improvements Add ped and bike crossing treatments at arterial intersections between University and Sullivan Ped & Bike/Safety TBD 7 - 10 years 2030-2039 Trent Pathway - Park to Pines shared -use pathway along Trent Ave Ped & BikelSafety TBD 10-20 years 2030-2039 SR 27 @ 24th Ave Street Crossing Enhanced crossing treatment at SR -27 Ped & Bike/Safety TBD 10-20 years 2030-2039 Sprague Railroad Pathway Shared -use pathway along railroad line from Appleway Boulevard to West City Limits Ped & BikelSafety TBD 10-20 ears y 2030-2039 North Greenacres Pathway Create shared -use path on north side of 1-90 parallel to Boone Ave. and County right -of way Ped & BikelSafety $ 1,100,000 10-20 years 2030-2039 Transit STA: Sprague HPTN Transit Sidewalk Improvements Coordinate with STA's improvements to accommodate HPTN on Sprague between Havana and 1-90 Transit TBD 7 - 10 years 2025-2029 STA: Mirabeau Park & Ride HPTN Improvements Coordinate with STA to shift Mirabeau Park & Ride to accommodate HPTN Transit TBD 7 10 years 2025-2029 STA: Argonne Park & Ride HPTN Facility: STA Coordinate with STA to locate HPTN park and ride facility at Argonne Road Transit TBD 7 - 10 years 2025-2029 Spokane Valley 2019 Annual Comprehensive Plan Amendments City Council Ordinance 2nd Reading May 28, 2019 Privately Initiated Map Amendment CPA -201 9-0001 2 AL AL Applicant: Danny Davis Owners: Proposal: Council Action: Circle J Mobile Home Park, LLC Change land use designation from 1 to SFR and zoning from 1 to R-3 Deny Study Area SFR (R-3 Zone) Privately Initiated Map Amendment CPA -2019-0002 3 Applicant: Whipple Consulting Engineers Owners: Advent Lutheran Church, TCF Properties, LLC Proposal: Change land use desig- nation from SFR to NC and zoning from R-3 to NC Council Action: Approve Privately Initiated Map Amendment CPA -2019-0003 4 Applicant: Joel Elgee Owners: Proposal: Council Action: Marguerite, LLC — Terry Ovstedal Change land use designation from SFR to MFR and zoning from R-3 to MFR Deny SFR R-3 45181A213 2811 E SIM14A\i L Sint. Are Study Area Applicant City Initiated Map Amendment CPA -2019-0009 5 City of Spokane Valley Owners: Proposal: Council Action: Carlson, Janson, Kjos, Massong, On the Rock We Stand, LLC, Consolidated Irr. Dist., Henderson Legacy, LLC and Whimsical Pig LTD Change the land use designation and zoning from MFR to CMU Approve E Nora AVE MU E490 OFT Study Area 45104.9151 13107 E MISSION AV E d1ission Ave 45104.0328 0 ADDRESS 45104.0323 0 VACANT LAND 45104.032' ARES Novel •FR 45104.0.315 17515 E ISSIaN AWE 451411311 — 45104 0331 13514E 13621 E MISSION AVE MISSION AL �F 1 6 CPA -2019-0004 —Strategies Applicant City of Spokane Valley CPA -2019-0004 CPA -2019-0006 CPA -2019-0008 CPA -2019-0005 CPA -2019-0007 CPA -2019-0010 Strategies Annexation Policies 11x17 Map Appendix Transportation Chapter Ped and Bike Maps Twenty-year T I P Council Action: Approve Strategies for Implementation T. st, angles innudodon the Previews pages are canpiteo here 1 p reference. 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Questions CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 Department Director Approval Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Second Reading Proposed Ordinance 19-005 2019 Official Zoning Map Amendments GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 19.30.010 PREVIOUS COUNCIL ACTION TAKEN: Administrative Report — April 16, 2019; Ordinance first reading — May 14, 2019. BACKGROUND: The annual comprehensive plan amendment cycle runs from November 1st to October 31St of the following year. The Planning Commission considers applications during the following spring, with a decision by City Council generally occurring in late spring/early summer. The Community and Public Works Department received three privately initiated requests for Comprehensive Plan map amendments. In addition, the City proposed one Comprehensive Plan map amendment. Properties approved for a Comprehensive Plan amendment (CPA) receive a zoning classification consistent with the new land use designation. On February 14, 2019, the Planning Commission was briefed on the 2019 CPAs, and a public hearing was conducted on February 28, 2019. The public hearing was closed at that time and the Planning Commission reviewed and deliberated on each of the proposed CPAs. On March 14, 2019, the Planning Commission voted on the following Findings and Recommendations to the City Council: • The Planning Commission voted 5-0 to forward to City Council a recommendation to not approve CPA -2019-0001. Note: Commissioner Johnson recused himself due to a conflict of interest. • The Planning Commission voted 6-0 to forward to City Council a recommendation to approve CPA -2019-0002. • The Planning Commission had a split vote of 3-3 for CPA -2019-0003. A recommendation requires a majority vote, and therefore the Planning Commission is not able to forward a recommendation. • The Planning Commission voted 5-1 to forward to City Council a recommendation of approval of CPA -2019-0009 On April 16, 2019, an Administrative Report was presented to City Council. No public comment was taken at that time. The Council agreed by consensus for the draft Ordinance presented for first reading to include the Planning Commission recommendation on each of the proposed amendments with the exception of CPA - 2019 -0003. Council directed staff to incorporate the staff report staff recommendation for CPA -2019-0003 into the draft Ordinance. The staff report concluded that the proposal was consistent with the Comprehensive Plan goals and policies and the draft Ordinance reflected such findings. On May 14, 2019, Council heard public comment on the CPA requests. Following comment, Council voted to amend the ordinance to deny CPA -2019-0003. The draft Ordinance has been updated to reflect the change to CPA -2019-0003. Note that Council recently adopted amendments to its Governance Manual that provide that Council will not take public comment on items that have already had a public hearing. Since the 2019 CPAs were in progress at the time this amendment was adopted, Council heard public comment at the first reading. BUDGET/FINANCIAL IMPACTS: N/A OPTIONS: Move to approve the ordinance, with or without amendments. 1 of 2 RECOMMENDED ACTION OR MOTION: Move to approve Ordinance 19-005, Official Zoning Amendments, as proposed. STAFF CONTACT: Mike Basinger, AICP, Economic Development Manager; Lori Barlow, AICP, Senior Planner ATTACHMENTS: Draft Ordinance 19-005; Yellow Binder Distributed Separately 2 of 2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 19-005 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN CPA -2019- 0002 AND 2019-0009, DENYING ZONING MAP AMENDMENTS PROPOSED IN CPA 2019-0001 and 2019-0003; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City of Spokane Valley (City) adopted the Spokane Valley Municipal Code (SVMC) and the Official City Zoning Map pursuant to Ordinance No. 16-018, on December 13, 2016 (the Official City Zoning Map); and WHEREAS, the SVMC and Official City Zoning Map became effective on December 28, 2016; and WHEREAS, comprehensive plans may be amended annually pursuant to RCW 36.70A.130 of the Growth Management Act (GMA); and WHEREAS, amendments to the City's Comprehensive Plan may be initiated by the Planning Commission (Commission), the City Council (Council), citizens, or by the Community and Public Works Director based on citizen requests or when changed conditions warrant adjustments; and WHEREAS, the GMA requires comprehensive plans to be implemented with development regulations, including the zoning of all properties in the City that are consistent with land use map designations; and WHEREAS, zone changes under consideration with the annual Comprehensive Plan amendments are to be considered as area -wide rezones pursuant to SVMC 17.80.140; and WHEREAS, consistent with the GMA, the City adopted Public Participation Guidelines to direct the public involvement process for adopting and amending comprehensive plans and area -wide rezones; and WHEREAS, the Spokane Valley Municipal Code (SVMC) provides that amendment applications shall be received until November 1 of each year; and WHEREAS, applications were submitted by the applicant, owner, or by City staff to amend the Comprehensive Plan and Zoning Map for the purpose of beneficially using the property described herein; and WHEREAS, pursuant to the State Environmental Protection Act (chapter 43.21C RCW) (SEPA) and chapter 21.20 SVMC, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendments; and WHEREAS, on February 8, 2019 and February 15, 2019, notice of the Commission public hearing was published in the Valley News Herald; and WHEREAS, on February 8, 2019, notice of the Commission hearing was mailed to all property owners within 800 feet of the subject properties; and WHEREAS, on February 8, 2019, notice of the Commission hearing had been posted on all the subject properties; and Ordinance 19-005 2019 Zoning Map Amendments Page 1 of 8 DRAFT WHEREAS, on February 14, 2019, the Commission conducted a study session to review the proposed amendments; and WHEREAS, on February 15, 2019, after reviewing the environmental checklists, staff issued a Determination of Non -Significance (DNS) for each of the proposals, published the DNS in the Valley News Herald, and where appropriate posted the DNS on the sites and mailed the DNS to all affected public agencies; and WHEREAS, on February 26, 2019, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106 of the City's intent to adopt amendments to the Comprehensive Plan; and WHEREAS, on February 28, 2019, the Commission received evidence, information, public testimony, and a staff report and recommendation at a public hearing; and WHEREAS, on February 28, 2019, the Commission deliberated and voted to forward CPA -2019-0002, and CPA -2019-0009, to Council with a recommendation for approval; and CPA -2019-0001 to Council with a recommendation for denial; and CPA -2019-0003 with no recommendation, with written findings of fact setting forth the bases for such recommendations to Council; and WHEREAS, on April 16, 2019, Council conducted a briefing to review the proposed amendments; and WHEREAS, on April 16, 2019, Council concurred to place CPA -2019-0002, CPA -2019-0003, and CPA -2019-0009 in an ordinance for consideration of approval and to place CPA -2019-0001 in the ordinance for consideration of denial; and WHEREAS, on May 14, 2019, Council considered a first ordinance reading to approve CPA -2019- 0002, CPA -2019-0003, and CPA -2019-0009 and to deny CPA -2019-0001; and WHEREAS, on May 14, 2019, Council considered public comment and voted to amend the ordinance to deny CPA -2019-0003; and WHEREAS, on May 28, 2019, Council considered a second ordinance reading to adopt the proposed amendments for CPA -2019-0002 and CPA -2019-0009 and to deny CPA -2019-0001 and CPA -2019-0003. NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Official City Zoning Map as described in CPA -2018-0002 and CPA -2018-0009 and to deny the zoning amendments proposed in CPA - 2019 -0001 and CPA -2018-0003. Section 2. Findings. Council acknowledges that the Commission conducted appropriate investigation and study and held a public hearing on the proposed amendments to the Official City Zoning Map, and the Council hereby approves the amendments to the Official Zoning Map with the exception of CPA -2019-0001 and CPA -2019-0003 which are denied. Council has read and considered the Commission's findings. Council's findings specific to each proposed amendment are contained in Section 4 below. The Council hereby makes the following general findings applicable to all proposed amendments: Ordinance 19-005 2019 Zoning Map Amendments Page 2 of 8 DRAFT General Findings: 1. Pursuant to chapter 43.21C RCW (SEPA), environmental checklists were required for each proposed Comprehensive Plan map and text amendment. 2. Staff reviewed the environmental checklists and a threshold determination was made for each proposed Comprehensive Plan amendment. 3. The procedural requirements of SEPA and SVMC Title 21 have been fulfilled. 4. On February 8, 2019, individual notices of public hearing for the proposed site-specific map amendments were, or had been previously, mailed to all property owners within 800 feet of each affected site. 5. On February 8, 2018 each site subject to a proposed site-specific amendment was, or had been previously, posted with a "Notice of Public Hearing" sign, with a description of the proposal. 6. On February 8, 2019 and February 15, 2019, notice of the Commission public hearing was published in the Valley News Herald 7. On February 15, 2019, Determinations of Non -Significance (DNS) were issued for the proposed Comprehensive Plan amendments. 8. On February 15, 2019, the DNS's were published in the City's official newspaper, the Valley News Herald, pursuant to chapter 21.20 SVMC. 9. On February 26, 2019, the Washington State Department of Commerce was provided a notice of intent to adopt amendments to the Comprehensive Plan. 10. The procedural requirements in SVMC 17.80.140 for the amendment process, including public participation, notice, and public hearing requirements have been met. 11. On February 28, 2019, the Commission held a public hearing on each of the proposed Comprehensive Plan amendments. After receiving public testimony the public hearing was closed. 12. On February 28, 2019, the Commission deliberated and voted to forward CPA -2019-0002, and CPA -2019-0009 to Council with a recommendation for approval, CPA -2019-0003 to Council with no recommendation, and CPA -2019-0001 to Council with a recommendation for denial. 13. The Commission adopted findings for CPA -2019-0001, CPA -2019-0002, CPA -2019-0003 and CPA -2019-0009. Such findings were presented to Council. Specific findings for each Comprehensive Plan Amendment request are contained in Section 4, below. 14. The Commission and Council have reviewed the proposed amendments concurrently to evaluate the cumulative impacts. The review was consistent with the annual amendment process pursuant to SVMC 17.80.140 and chapter 36.70A RCW. Ordinance 19-005 2019 Zoning Map Amendments Page 3 of 8 DRAFT 15. The proposed amendments to the Official City Zoning Map with the exception of CPA -2019- 0001 and CPA -2019-0003, are consistent with GMA and do not result in internal inconsistencies within the Comprehensive Plan itself. Section 3. Property. The properties subject to this Ordinance are described in Attachment "A" (2019 Official City Zoning Amendment Maps). Section 4. Map Amendments. Pursuant to RCW 36.70A.130, the Official City Zoning Map as adopted through Ordinance No. 16-018 is hereby amended as set forth below and in Attachment "A" (Maps). The Zoning Map amendments are generally described as follows: Map Amendments: File No. CPA -2019-0001: Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation from Industrial (I) to Single Family Residential (SFR) and to change the Zoning District from Industrial (I) to Single Family Residential Urban (R-3. Applicant: Danny Davis, Circle J Mobile Home Park, LLC, 3580 N Gunnar Court, Coeur d'Alene, ID 83815 Amendment Location: Parcel number 45183.9059; addressed as 622 North Park Road, located 300 feet south of the intersection of Park Road and Broadway Avenue, further located in the SW 1/4 of Section 18, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington Council Findings: Pursuant to Ordinance No. 19-004, CPA -2019-0001 was denied by Council and no subsequent change to the Official Zoning map shall occur. Council Decision: Deny the request to change the zoning for parcel number 45183.9059 to Single Family Residential (SFR). File No. CPA -2019-0002: Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation from Single Family Residential (SFR) to Neighborhood Commercial (NC) and to change the Zoning District from Single Family Residential Urban (R-3) to Neighborhood Commercial (NC). Applicant: Whipple Consulting Engineers, Inc., 21 S. Pines Road, Spokane Valley, WA 99206 Amendment Location: Parcel number 45234.0210 addressed as 810 S. Sullivan Road, and parcel number 45234.4501 addressed as 902 S Sullivan Road; located in the SW corner of 8th Avenue and Sullivan Road, further located in the SE 1/4 of Section 23, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington Council Findings: 1. The public health, safety, welfare, and protection of the environment will be served by the proposed amendment. Designating the property as neighborhood commercial will allow for neighborhood scale services to be developed across from Central Valley High School, an intensely developed school site, within walking distance to serve the residential area and student population. Infrastructure, including streets, water, sewer, and other utilities, are available to support the proposed amendment and will be provided through the course of development. 2. The proposed amendment to the Comprehensive Plan is consistent with Growth Management Act (GMA) chapter 36.70A RCW. Specifically the following planning goals and policies would be met: a. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner; and b. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for Ordinance 19-005 2019 Zoning Map Amendments Page 4 of 8 DRAFT occupancy and use without decreasing current service levels below locally established minimum standards; and c. ED -G1 support economic opportunities and employment growth for Spokane Valley. d. LU -P1 Encourage neighborhood scale commercial uses in residential areas. 3. The proposed amendment does not respond to a substantial change in conditions beyond the property owner's control. Substantial change has not occurred since the 2016 Legislative Update to the Comprehensive Plan. 4. The proposed amendment does not correct a mapping error. 5. The proposed amendment does address an identified deficiency in the Comprehensive Plan. The 2016 Comprehensive Plan Update identified areas for NC zoning and identified the need as a community priority. The amendment location was not identified in the 2016 update, but it does offer an opportunity for smaller scale commercial development in an area that is generally consistent with the criteria for NC. 6. The goals and policies of the Comprehensive Plan were considered and the proposed amendment is consistent with the Comprehensive Plan. 7. Findings were made and factors were considered to ensure compliance with approval criteria contained in SVMC 17.80.140(H) (Comprehensive Plan amendments and area -wide rezones). 8. The Comprehensive Plan land use map amendment will not adversely affect the public's general health, safety, and welfare. 9. The change to NC will allow neighborhood commercial development of the property. The site will likely transition from a residential use with residential driveways, trees, lawn, and buildings to a commercial building with parking structures, commercial landscaping, and stormwater treatment areas. Traffic will likely increase with the commercial development. Both sites have been developed with building, paving and grading activity. 10. The change to NC would not have any effect on open space, streams, rivers, and lakes. Any stormwater associated with commercial development will be retained and treated on the site. The site does not contain any streams, rivers or lakes. The open space areas associated with the required residential front, rear, flanking, and side yards will likely transition to parking or commercial landscaping areas. 11. The change is compatible with adjacent land uses and surrounding neighborhoods. NC development is limited in size to reduce impacts to neighboring residential uses. Development standards limit the height and location of commercial development and together with landscaping and screening standards, will reduce the impacts to adjacent residential uses. The existing church is a permitted use in the NC zone and was developed prior to the NC development standard. Subsequent changes of use would have to be a permitted use in the NC zoning district and comply with the NC development standards. 12. Adequate community facilities including utilities, roads, public transportation, parks, recreation, and schools exist. A neighborhood commercial use will likely have minimal impact on parks, recreation or schools. Generally a commercial use does not generate a need for those facilities. As noted earlier the uses permitted within the NC zone are smaller in scale and suited for neighborhoods. Sullivan Road is a Principal Arterial designed to serve through trips and connect Spokane Valley with the rest of the region; 8th Avenue is an Urban Minor Arterial. Minor arterial streets provide inter -neighborhood connections, transit access, and serve both local and through trips. No impacts on community facilities are anticipated. 13. The change will benefit the neighborhood. The 2016 Legislative Update increased opportunities for neighborhood commercial development throughout the City. The community expressed a strong desire to encourage neighborhood scale commercial development. The neighborhood is already served by the larger -scale commercial and retail uses north of site along 4th Avenue and Sprague Avenue. The existing church is consistent with neighborhood commercial development. The redevelopment of the southern property from single family residential to an NC use, such as Ordinance 19-005 2019 Zoning Map Amendments Page 5 of 8 DRAFT office, would allow a use that is reasonable and appropriate for the location across from the school and adjacent to a church. 14. The 2016 Legislative Update to the Comprehensive Plan increased the areas that are zoned NC. The NC zoned lands are scattered throughout the City, primarily located on arterial streets within neighborhoods. NC zoned lands are located south of the site at the intersections of 16th and Sullivan, and 24th and Sullivan. A small coffee/espresso stand has developed at 16th and Sullivan. Of the five NC -zoned properties closest to this site, the 16th/Sullivan site is the only site to redevelop from the existing use into a neighborhood commercial use. This site is located within one half mile of major retail centers at Sprague/Sullivan and smaller retail centers at 4th/Sullivan. During school periods the Central Valley High School, with a student population of over 2300 students, adds population density that can support NC development. 15. The NC zone allows single-family dwellings (current use of the south property) and neighborhood scale commercial development. Single family uses are permitted in the NC zone and the proposed change would have no effect on the land use capacity of the property. The proposed change in land use to NC will not impact the overall density of the area. 16. The NC designation would support many of the Economic Development, Land Use, Transportation, and Housing goals. The proposed land use change will have little effect on the Capital Facilities and Public Services, Public and Private Utilities, Parks and Open Space and Natural Resources elements of the Comprehensive plan. Council Decision: Change the zoning for parcel numbers 45234.4501 and 45234.0210 to Neighborhood Commercial (NC). File No. CPA -2019-0003: Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation from Single Family Residential (SFR) to Multi Family Residential (MFR) and to change the Zoning District from Single Family Residential Urban (R-3) to Multi Family Residential (MFR). Applicant: Joel Elgee, 24327 E. Maxwell Ave., Liberty Lake, WA 99019. Amendment Location: Parcel number 45181.0213 addressed as 8817, 8819, 8821 E. Sinto Avenue, 1405 and 1407 N Marguerite Road; located in the NW corner of Sinto Avenue and Marguerite Road, further located in the NE 1/4 of Section 18, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Findings: Pursuant to Ordinance No. 19-004, CPA -2019-0003 was denied by Council and no subsequent change to the Official Zoning map shall occur. Council Decision: Deny the request to change the zoning for parcel number 45181.0213 to Multi Family Residential (MFR). File No. CPA -2019-0009: Proposal: City -initiated site specific Comprehensive Plan map amendment requesting to change the designation from Multi Family Residential (MFR) to Corridor Mixed Use (CMU) and the zoning from Multi Family Residential (MFR) to Corridor Mixed Use District (CMU). Applicant: City of Spokane Valley, 10210 East Sprague Avenue, Spokane Valley, WA 99206. Amendment Location: Parcel numbers 45104.9150, 45104.9151, 45104.0324, 45104.0315, 45104.0311, 45104.0307, 45104.0308, 45104.0330, 45104.0329, 45104.0323, 45104.0327 and, 45104.0328, addressed as 13303, 13507, 13515, 13519, 13607 and 13621 East Mission Avenue, located north of Mission Avenue between the intersections of Mission Avenue and McDonald Road and Mission Avenue and Mamer Road, further located in Section 4 of Township 25, Range 44, Willamette Meridian, Spokane County, Washington. Council Findings: 1. The public health, safety, welfare, and protection of the environment will be served by the proposed amendment. The amendment provides more flexibility of uses and intensity in an area Ordinance 19-005 2019 Zoning Map Amendments Page 6 of 8 DRAFT surrounded by similar zoning and uses. The amendment will allow opportunity for increases in uses providing complementary daily goods and services and the subject properties will benefit by being allowed to develop consistent with the adjacent land uses. 2. The proposed amendment to the Comprehensive Plan and Zoning Map is consistent with Growth Management Act (GMA) chapter 36.70A RCW. Specifically the following planning goals would be met: a. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner b. Provides for economic development adjacent to similar zoned parcels and utilizes land for infill development within an urban area. c. Provides a suitable land use designation consistent with the City's GMA compliant Comprehensive Plan. d. ED -P6 Promote the development or redevelopment of vacant and underutilized properties, particularly those with potential to serve as a catalyst for economic development. e. LU -P5 Ensure compatibility between adjacent residential and commercial or industrial uses. f. LU -P16 Maximize the density of development along major transit corridors and near transit centers and commercial areas. g. H -G1 Allow for a broad range of housing opportunities to meet the needs of the community. h. CF -P2 Optimize the use of existing public facilities before investing in new facilities. 3. The proposed amendment does respond to a substantial change in conditions due to the 2016 Comprehensive Plan land use designation and zoning change of the surrounding properties. The City underwent an extensive legislative Comprehensive Plan update in 2016. At that time, the subject parcels were designated consistent with the existing land uses and maintained the same land use designation. The surrounding properties to the north and west received a new land use designation of CMU. 4. The proposed amendment does not correct a mapping error. 5. The proposed amendment does not address an identified deficiency in the Comprehensive Plan. 6. The properties will have the opportunity to transition and add a mix of uses to serve the surrounding single family, duplexes and multifamily, commercial and office services. There is no concern on effect of physical environment. 7. The site does not contain any streams, rivers or lakes. There will be negligible impact on the open space areas. 8. The amendment is consistent with the adjacent land use designation, and allows the properties to develop consistent with the existing CMU designation and development along the entire corridor on the north side of Mission Avenue. 9. The proposed CMU designation will have minimal impact on parks, recreation or schools. The City prepared a Trip Generation and Distribution Letter concluding there is adequate capacity. No impacts are anticipated. 10. The proposed land use designation provides equal development opportunity to the properties along the corridor which encourages development and implements the vision for corridor. 11. Since the majority of the proposed amendment area is developed the amendment would have marginal impact, but the change would allow for more intensive uses and increased density. 12. Since the properties are substantially developed, the change to CMU development is not anticipated to increase or decrease the population or density in the area. Although it is noted that additional units could be developed on site above the current density. The change should not result in significant impacts on the projected population density. 13. The CMU designation will support many of the Economic Development, Land Use, Transportation, and Housing goals. It would have little effect on the Capital Facilities and Public Ordinance 19-005 2019 Zoning Map Amendments Page 7 of 8 DRAFT Services, Public and Private Utilities, Parks and Open Space and Natural Resources elements of the Comprehensive plan. Council Decision: Change the zoning for parcel numbers 45104.9150, 45104.9151, 45104.0324, 45104.0315, 45104.0311, 45104.0307, 45104.0308, 45104.0330, 45104.0329, 45104.0323, 45104.0327 and, 45104.0328 to Corridor Mixed Use (CMU). Section 5. Zoning Map/Official Controls. Pursuant to RCW 35A.63.100, for the purpose of regulating the use of land and to implement and give effect to the Comprehensive Plan, the City hereby amends the Official City Zoning Map as set forth in Attachment "A". Section 6. Adoption of Other Laws. To the extent that any provision of the SVMC, or any other law, rule, or regulation referenced in the attached Zoning Map(s) is necessary or convenient to establish the validity, enforceability, or interpretation of the Zoning Map(s), then such provision of the SVMC, or other law, rule, or regulation is hereby adopted by reference. Section 7. Map - Copies on File -Administrative Action. The Zoning Map is maintained in the office of the City Clerk as well as the City Department of Community and Public Works. The City Manager or designee, following adoption of this Ordinance, is authorized to modify the Zoning Map in a manner consistent with this Ordinance, including correcting scrivener's errors. Section 8. Liability. The express intent of the City is that the responsibility for compliance with the provisions of this Ordinance shall rest with the permit applicant and their agents. This Ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 9. Severability. If any section, sentence, clause, or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 10. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this day of May, 2019. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 19-005 2019 Zoning Map Amendments Page 8 of 8 Zoning Map E 8tli Ave E 91h Avc Study Area Spokane �,,,,.► Valley CPA -2019-0002 Owner: Advent Lutheran Chum TCF Properties LLC Parcel#: 45234A501, .0210 Address: 810 S Sullivan Rd Request: Change the land use designation from SFR to NC and the Zoning from R-3 to NC E I 90 Fwy EI90Fwy E Nora Ave Study Area 45104.9151 13107 E MISSION AV 45104.9150 13107 E MISSION AVE 45104.0307 0ADDRESS UNKNOWN 45104.0324 13507 E MISSION AVE 45104.0320 0 ADDRESS UNKNOWN 45104.0323 0 VACANT LAND 45104,0327 AOERESS UNHNOWN 46194.0308 10007 E MISSION AVE 4518 0329 Iv 0 ADDRESS UNKNOWN F 'Mission Ave Maxwe 1 Zoning Map E. Sint Ave n VCFI 45104.0315 13515 E MISSION AVE 45104.0311 13519 E MISSION AVE 45104 0330 13621 E MISSION AVE t • *Wane Valley CPA -2019-0009 Owner: Ronnie and Bonnie Carlson, Sharon Janson, Jerry Nos, John Massong, On The Solid Rock We Stand, LLG, Consolidated Irrigation District No. 19, Henderson Legacy, LLC, Whimsical Pig LTD Partnership Request: City initiated proposal to change land use designation and zoning from MFR to CMU CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. Report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First reading of proposed ordinance 19-008 denying CTA -2018-0005 GOVERNING LEGISLATION: SVMC 17.80.150; SVMC 19.30.040; chapters 19.40 and 19.60 SVMC; RCW 36.70A.106; PREVIOUS COUNCIL ACTION TAKEN: 5-15-18: admin report on duplex/single family dwelling regulations; 10-2-18: admin report, follow-up to May 15, 2018 meeting; trends associated with duplexes; 5-14-19: admin report CTA -2018-0005 BACKGROUND: The proposed amendment is a privately -initiated code text amendment to SVMC 19.60.050 (Permitted uses matrix), SVMC 19.40.050 (development standards -cottage development), and SVMC 19.40.060 (development standards—duplexes). SVMC 19.60.050 Permitted Use Matrix identifies the uses that are permitted in each of the zoning districts. Duplexes and townhomes are a permitted use in the R-3 zoning district; cottage development is a permitted use in the R-3 zone subject to supplemental regulations. The applicant is requesting an amendment to the matrix which will add supplemental regulations for duplexes, and prohibit townhomes in the R-3 zone. The proposed amendment would also amend SVMC 19.40.060 Development Standards — Duplexes, and SVMC 19.40.050 Development Standards - Cottage Development. Language would be added to the section to limit duplexes to one duplex unit per acre and restrict the location of duplex units in proximity to other duplexes. Additional language would be added to the Cottage Development standards that preclude single ownership of cottage developments. Duplexes and townhome development are currently outright permitted uses with limited exceptions. The proposed amendment only affects R-3 zoned properties. The Planning Commission (Commission) conducted a study session on the proposed CTA at the January 10, 2019 meeting. On January 24, 2019, the Commission conducted a public hearing that was continued to the February 14, 2019 meeting. Following the public hearing, the Commission deliberated and voted 5- 0 to recommend to the City Council that CTA -2018-0005 be denied. On February 28, 2019 the Commission adopted Findings and Recommendation. An Administrative Report was presented to City Council on May 14, 2019. No public comment was taken at that time. The Council agreed by consensus for the draft Ordinance presented for first reading to include the Planning Commission recommendation to deny the request. Note that City Council recently adopted amendments to its Governance Manual that provide that Council will not take public comment on items that have already had a public hearing. Since CTA -2018-0005 was in process at the time these amendments were being considered by Council, Council will hear public comment only during the first reading. While the City Council Governance Manual states that ordinances shall normally have two separate readings at separate Council meetings, this provision may be waived at any meeting of the Council by a majority vote of all members present. OPTIONS: (1) Move to advance Ordinance No. 19-008 to a second reading, with or without further amendments, or (2) Move to suspend rules and approve Ordinance 19-008 as proposed. RECOMMENDED ACTION OR MOTION: Move to suspend rules and approve Ordinance 19-008, denying CTA -2018-0005, as proposed. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Lori Barlow, AICP, Senior Planner, Community and Public Works Dept. ATTACHMENTS: A. PowerPoint Presentation; B.Draft Ordinance; C. Planning Commission's Findings of Fact and Recommendation S"pokane City Council Meeting First Ordinance Reading CTA -2018-0005 — Duplexes May 28, 2019 WO °1 :o .Q N Pil Pl. 4 W4 Pi ct o : C CI •- 0 4 December 28, 2019 PROCESS © '..1, Study Session 1 January 8, 2019 6 5 : © Public Hearing January 24, 2019 : -` .'..4 Cir) 1 1 Findings of Fact V Zi February 28, 2019 Am Admin Report May 14, 2019 E(LL( A A A Today Ordinance 2nd Reading TBD Proposed Amendment Permitted Uses Matrix R-1 D welling, cottage D welling, duplex Dwelling, industrial accessory dwelling unit Residential R-2 Mixed Use Commerci nd ustria l R-3 I MFR S MU RC IMU s PS P P P S 8 Add an "S": indicates the use is permitted subject to supplemental use regulations. POS Dwelling, multifamily Dwelling, single-family P P E:1 elling, townhouse Manufactured home park 1 P P P s S P .- P S Delete "S"; indicates the use is prohibited. Proposed Amendment SVMC Chapter 1 9.40 Alternative Residential Development Options 4 19.40.060 Development standards —Duplexes Duplexes shall meet the minimum lot size per dwelling unit, setback standards, maximum lot coverage, and building height standards shown in Table 19.70-1. Duplexes shall be limited to 1 duplex per acre. Duplexes shall have separate parcel numbers per each dwelling unit, be non -adjacent, across the street from or on opposite corner. Add supplemental use language for duplexes applicable to the R-3 zoning districts. Proposed Amendment SVMC Chapter 1 9.40 Alternative Residential Development Options 5 19.40.050 Development standards —Cottage Development 19.40.050.0 Other 1. Accessory dwelling units are prohibited. 2. In -whole purchase of any development by one entity in the R-3 zone is prohibited. 3. All other SVMC provisions that are applicable to a single-family dwelling unit shall be met. Add supplemental use language for cottages in R-3 zoning districts. QUESTIONS DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 19-008 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON DENYING THE PROPOSED PRIVATELY INITIATED CODE TEXT AMENDMENT CTA -2018-0005 RELATED TO DUPLEX, TOWNHOUSES, AND COTTAGE DEVELOPMENT REQUIREMENTS IN THE R-3 ZONE, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley (City) previously adopted Spokane Valley Municipal Code (SVMC) Title 19, relating to zoning regulations, and has made subsequent amendments from time - to -time as appropriate; and WHEREAS, such regulations are authorized by RCW 36.70A; and WHEREAS, on November 16, 2018 the privately initiated code text amendment was submitted to amend SVMC 19.40 and 19.60 related to duplex, townhouses, and cottage development regulations. WHEREAS, on December 10, 2018, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106.3.b, providing a notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on January 10, 2019, the Planning Commission held a study session on proposed CTA -2018-0005; and WHEREAS, on January 4 and 11, 2019, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on January 24, 2019, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations; and WHEREAS, on February 28, 2019, the Planning Commission approved the findings and recommended that City Council deny the proposed amendments; and WHEREAS, on May 14, 2019, City Council reviewed the proposed amendments, Planning Commission findings, and Planning Commission recommendation; and WHEREAS, on May 28, 2019 City Council considered a first ordinance reading to deny the proposed amendment; and WHEREAS, the amendment set forth below is not consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, SVMC 19.40 and 19.60, as amended, does not bear a substantial relation to the public health, safety, welfare and protection of the environment. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Ordinance 19-008 Page 1 of 3 DRAFT Section 1. Purpose. The purpose of this Ordinance is to deny the request to amend chapters 19.40 and 19.60 SVMC, that would supplement the regulations applicable to duplexes and cottage development and prohibit townhomes in the R-3 zone. Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends denial of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: 1. Compliance with SVMC 17.80.150(F) Approval Criteria a. Pursuant to SVMC 17.80.150(F)(1), the City may approve amendments if it finds that the proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings: The proposed text amendment is not consistent with the Comprehensive Plan, including, but not limited to the following specific provisions: Goal LU -G2: Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. Policy LU -P14: Enable a variety of housing types Goal H -G1: Allow for a broad range of housing opportunities to meet the needs of the community. Goal H -G2: Enable the development of affordable housing for all income levels. Policy H -P2: Adopt development regulations that expand housing choices by allowing innovative housing types including tiny homes, accessory dwelling units, pre -fabricated homes, co -housing, cottage housing, and other housing types. Policy H -P3: Support the development of affordable housing units using available financial and regulatory tools. Policy H -P4: Enable the creation of housing for resident individuals and families needing assistance from social and human service providers. b. Pursuant to SVMC 17.80.150(F)(2), the City may approve amendments if it finds that the proposed amendment bears a substantial relation to public health, safety, welfare and protection of the environment. Findings: The proposed amendment does not bear a substantial relation to the public health, safety, welfare and protection of the environment. The Applicant did not identify specific basis as to how the proposed amendment bears a substantial relation to the public health, safety, welfare, and protection of the environment. The sole basis identified by the Applicant for the proposed amendment is to "mitigate excessive duplex/rental buildout detrimental to homeowners." The proposed amendments create regulations that are in conflict with numerous goals and policies of the Comprehensive Plan and would create barriers to providing alternative and affordable Ordinance 19-008 Page 2 of 3 DRAFT housing options in the R-3 zone. Further, it creates unclear and difficult -to -implement regulations. 2. Conclusion: The proposed text amendment is not consistent with the approval criteria contained in the SVMC. Section 3. Amendment Denied. For the reasons set forth herein, CTA -2018-0005 is hereby denied. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane valley as provided by law. Passed by the City Council this day of May, 2019. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 19-008 Page 3 of 3 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION CTA -2018-0005 — Proposed Amendment to Spokane Valley Municipal Code (SVMC) Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. Background: 1. Pursuant to RCW 36.70A.130, Spokane Valley adopted its 2016 Comprehensive Plan Update and updated development regulations on December 13, 2016, with December 28, 2016 as the effective date. 2. CTA -2018-0002 is a privately initiated code text amendment (CTA) to chapters 19.40 and 19.60 SVMC to add regulations within the R-3, Single -Family Residential Urban zone (R-3) that limit duplex development, prohibit townhomes, and preclude single ownership of a cottage development. 3. The Planning Commission held a properly noticed public hearing on January 24, 2019 and conducted deliberations on February 14, 2019. The Commission voted 5-0 to recommend that the City Council deny the amendment. Planning Commission Findings: 1. Recommended Modifications The Planning Commission recommended denial of the proposed amendments. 2. Compliance with SVMC 17.80.150(F) Approval Criteria a. Pursuant to SVMC 17.80.150(F)(1), the City may approve amendments if it finds that the proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings: The proposed text amendment is not consistent with the following provisions of the Comprehensive Plan: Goal LU -G2 Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. Policy LU -P14 Enable a variety of housing types Goal H -G1 Allow for a broad range of housing opportunities to meet the needs of the community. Goal H -G2 Enable the development of affordable housing for all income levels. Policy H -P2 Adopt development regulations that expand housing choices by allowing innovative housing types including tiny homes, accessory dwelling units, pre -fabricated homes, co -housing, cottage housing, and other housing types. Policy H -P3 Support the development of affordable housing units using available financial and regulatory tools. Findings and Recommendations of the Spokane Valley Planning Commission CTA -2018-0005 Page 1 of 2 Policy H -P4 Enable the creation of housing for resident individuals and families needing assistance from social and human service providers. b. Pursuant to SVMC 17.80.150(F)(2), the City may approve amendments if it finds that the proposed amendment bears a substantial relation to public health, safety, welfare and protection of the environment. Findings: The proposed amendment does not bear a substantial relation to the public health, safety, welfare and protection of the environment based on the following reasons. The Applicant has not identified how the proposed amendment bears a substantial relation to the public health, safety, welfare, and protection of the environment. The sole basis identified by the Applicant for the proposed amendment is to "mitigate excessive duplex/rental buildout detrimental to homeowners." The proposed amendments create regulations that are in conflict with numerous goals and policies of the Comprehensive Plan and would create barriers to providing alternative and affordable housing options in the R-3 zone. Further, it creates unclear and difficult to implement regulations. The amendment does not bear a substantial relation to public health, safety, welfare and protection of the environment. 3. Conclusion: The proposed text amendment is not consistent with the approval criteria contained in the SVMC. 4. Recommendation: The Spokane Valley Planning Commission therefore recommends the City Council deny CTA -2018-0005. Attachments: Exhibit 1 — Proposed Amendment CTA -2018-0005 Approved this 28th day of February, 2019 in ' Commission ''airman ATTEST Deanna Horton, Administrative ?assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA -2018-0005 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 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: Bid Award - Browns Park 2019 Improvements Project GOVERNING LEGISLATION: SVMC 3.35.10 — Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • Approval of Browns Park Master Plan on July 1, 2014. • Discussed throughout the 2019 Budget development process. • October 16, 2018 — Administrative Report — Browns Park Master Plan Update. • January 15, 2019 — Administrative Report — Browns Park 2019 Scope of Work Update. • May 21, 2019 - Administrative Report — Browns Park 2019 Improvements Project Update. BACKGROUND: Browns Park has a rich history and is loved by a wide range of community members. The development of the Browns Park Master Plan in 2014 produced an exciting opportunity for our City. Not only does the master plan call for the expansion and improvement of the park for the use by neighbors and residents, it also identifies an opportunity to expand the sand volleyball complex. Since 2014, the City has added 16 new sand volleyball courts including a championship sand volleyball court, a basketball court and a splash pad. Included in the 2019 Budget is $1,160,000 for the continuing implementation of the master plan. The Browns Park 2019 Improvements project includes a loop trail and lighting, large restroom and utilities, large picnic shelter, new perimeter fencing, renovated storage building, skate dot and small shelter. The current construction estimate is $999,866.76. Bids were opened on May 17, 2019. Two bids were received. Engineering/Remediation Resources Group, Inc. submitted the lowest bid of $991,050.18 which is $8,816.58 below the construction estimate. This bid includes the base bid and Alternates #1, #2, and #3. A copy of the Bid Tabulation is attached. OPTIONS: (1) Move to award the contract to the lowest responsive and responsible bidder or (2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Browns Park 2019 Improvements Project to Engineering/Remediation Resources Group, Inc. in the amount of $991,050.18 and authorize the City Manager to finalize and execute the construction agreement. BUDGET/FINANCIAL IMPACTS: The 2019 Budget includes a $1,160,000 General Fund appropriation for improvements at Browns Park. STAFF CONTACT: Michael D. Stone, CPRP. Director of Parks and Recreation ATTACHMENTS: Bid Tabulation Sp�1"1 jvalley� Parks and Recreation Department 2426 N. Discovery Place ♦ Spokane Valley, WA 99216 509.720.5200 ♦ Fax: 509.720-5250 ♦ parksandrec@spokanevalley.org BID TABULATION - Browns Park 2019 Improvements BID DUE DATE - May 17, 2019, 10 AM PSDT Bacon Concrete Engineering/ Remediation Resources Group, Inc. BASE BID $1,140,600.00 $883,521.89 SALES TAX $101,513.40 $78,633.45 Total $1,242,113.40 $962,155.34 ALTERNATE 1 $3,500.00 $7,412.61 SALES TAX $311.50 $659.72 Total $3,811.50 $8,072.33 ALTERNATE 2 $4,200.00 $11,444.90 SALES TAX $373.80 $1,018.60 Total $4,573.80 $12,463.50 ALTERNATE 3 $500.00 $7,675.86 SALES TAX $44.50 $683.15 Total $544.50 $8,359.01 TOTAL BID $1,251,043.20 $991,050.18 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 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: Travel insurance for Councilmembers. GOVERNING LEGISLATION: Resolution 18-011 — Governance Manual, Chapter 2, §E(1)(c). PREVIOUS COUNCIL ACTION TAKEN: December 18, 2018, Council adoption of Resolution 18- 011, Governance Manual; May 21, 2019 administrative report. BACKGROUND: In late 2018, the Council adopted an updated and revised Governance Manual, including provisions relating to allowable travel expenses for Councilmembers. It lists "airline or other trip insurance" under subsection (c) as non -reimbursable or prohibited. As we have recently experienced, there are trips where obtaining trip insurance for Councilmembers is advisable. As such, staff is recommending that Council consider amending the language in the Governance Manual in a two-phase approach. There are no other items for consideration regarding changes to the Governance Manual at this time. Rather than take one proposed change through the entire Manual amendment process now, staff recommends that Council adopt by motion the language to permit acquisition of trip insurance when appropriate, which would be determined by the City Manager. The proposed language would be as follows: "Airline or other trip insurance is discouraged, but may be permitted when circumstances give rise to a belief that expensive travel plans may need to be altered. The determination of whether to purchase travel insurance shall be made by the City Manager." If this motion is approved, this change will be effective immediately, and staff will bring this forward at a later time for inclusion in the Governance Manual OPTIONS: (1) Approve the motion as proposed; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: I move we approve a change to Governance Manual Chapter 2, §E relating to trip insurance, as follows: "Airline or other trip insurance is discouraged, but may be permitted when circumstances give rise to a belief that expensive travel plans may need to be altered. The determination of whether to purchase travel insurance shall be made by the City Manager." BUDGET/FINANCIAL IMPACTS: Unknown amounts to occasionally purchase trip insurance. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: None. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 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: Decant Facility Phase III Canopy — Department of Ecology Agreement GOVERNING LEGISLATION: RCW 90.48, Chapter 173-200 WAC, Title 33 U.S.C. 1251-1376; Storm and Surface Water Utility: SVMC 3.80; Aquifer Protection Area Fund: RCW 36.36. The Federal Clean Water Act of 1987, Section 319, Chapter 173-95A WAC PREVIOUS COUNCIL ACTION TAKEN: • October 21, 2014 — Administrative Report discussing Washington State Department of Ecology stormwater grant opportunities resulting in consensus to apply for grants. • October 11, 2016 — Administrative Report discussing Washington State Department of Ecology stormwater grant opportunities resulting in consensus to apply for grants. • November 13, 2018 — Ordinance 18-024 adopting the 2019 City Budget, including $832,600 for Fund 403 (Aquifer Protection Area Fund) expenditures. • May 28, 2019 — Administrative Report regarding the details of this Water Quality Agreement where Council consensus was to place on Consent Agenda for authorization to execute. BACKGROUND: The Department of Ecology, through the Water Quality Program for State Fiscal Year (SFY) 2016, issued a call for projects on September 1, 2014. Consensus from City Council to apply for grants was received on October 21, 2014. On July 07, 2015 this project was selected by the Department of Ecology for award, contingent on funding availability. In 2016, Ecology received direction from the Legislature to delay funding for 67 state-wide stormwater projects proposed to receive funding from the Stormwater Financial Assistance Program (SFAP) in SFY16 and SFY17. These delays were necessary to address a shortfall in the Model Toxics Control Act funds and were accompanied by significant reductions in both operating and capital budgets, across many environmental program areas. This stormwater project application was included on the SFY16 and SFY17 list of delayed projects. In 2016, a supplemental grant application was developed to revise the scope of the project. Consensus from City Council to supplement the 2014 application was received on October 11, 2016. On February 23, 2018, the City was informed by the Department of Ecology that the 2017 — 2019 Washington State Biennial Budget successfully addressed funding shortfalls, and Ecology was authorized to resume agreement negotiation for this project. The Department of Ecology Water Quality Agreement will be used to complete improvements at the Decant facility by providing a canopy as envisioned in the engineering study and design. This work will make the facility a true 24 hour -a -day, year-round facility, as envisioned in the facilities Type, Size and Location Study. Currently the facility can only be utilized about 60% of the year due to wet and cold weather. City benefits include extension of facility use from 30 to 50 years through amendment of the local agreement with the Washington State Department of Transportation (WSDOT), expanded use during the wet and cold months of the year, and access to a state-owned and operated facility throughout the year. The project will be executed by the City through finalization of the final phase plans and specifications. Construction will be coordinated between the City and WSDOT and will be completed by contractors following City and State bidding laws and processes. OPTIONS: Council approval for finalization and execution of the Water Quality Financial Assistance Agreement; or other appropriate action. RECOMMENDED ACTION OR MOTION: Move to approve the Water Quality Combined Financial Assistance Agreement for the Spokane Valley Regional Decant Facility Canopy project, between the City of Spokane Valley and the Department of Ecology, and authorize the City Manager or his designee, to finalize and execute the agreement. BUDGET/FINANCIAL IMPACTS: Preliminary contributing cost estimate of $ 741,650 for improvements, with up to $446,651.25 reimbursed by Ecology. The following is a summary of the financial information. Ecology Share $ 446,651.25 (75%) City Share (Fund 403) $ 148,883.75 (25%) WSDOT $ 146,115.00 (Anticipated) Total Eligible Costs $ 741,650.00 There are sufficient funds available in Fund 403, Aquifer Protection Area Fund, to cover 2019 expenditures associated with this Agreement. Subsequent Annual City Budgets will also identify sufficient funding in Fund 403 for future years' expenditures. STAFF CONTACT: Bill Helbig, PE — City Engineer Chad Phillips, PE — Stormwater Engineer ATTACHMENTS: Department of Ecology Agreement DEPARTMENT OF ECOLOGY State of Washington Agreement No. WQC-2018-SpoVal-00074 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF SPOKANE VALLEY This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and City of Spokane Valley, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Spokane Valley Regional Decant Facility Canopy $595,535.00 $595,535.00 $446,651.25 $148,883.75 07/01/2017 12/31/2021 Stormwater Facility Project Short Description: This project will improve water quality in the Spokane Valley-Rathdrum Prairie Aquifer through installation of a canopy at the Spokane Valley Regional Decant Facility in the City of Spokane Valley. This project will allow the RECIPIENT to increase the amount of street waste being decanted by increasing the number of months the facility can be used and preventing rain water from adding volume to the decant effluent. Project Long Description: The City of Spokane Valley is located over the Spokane Valley — Rathdrum Prairie (SVRP) Aquifer. The SVRP Aquifer is designated as a sole source aquifer by the EPA and provides drinking water to approximately 500,000 people. The SVRP Aquifer is also connected to the Spokane and Little Spokane Rivers, which are both 303(d) listed impaired water bodies with total maximum daily load's (TMDL's) in place for dissolved oxygen and dissolved metals. The entire City of Spokane Valley is in a Critical Aquifer Recharge Area, and urban stormwater runoff is currently being State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 2 of 43 injected into the ground with little or no pretreatment. This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state water bodies. The RECIPIENT cleans catch basins and drywells with eductor trucks and decants the waste at the Spokane Valley Regional Decant Facility (Facility). The design and construction of the Facility was funded through ECOLOGY grant agreement G1200607. For this project the RECIPIENT will install a pre-engineered canopy to increase the capacity of the Facility to decant street waste and treat the effluent. A canopy will prevent rainwater and snow melt from contributing to effluent volume and reduce the time solids must occupy the decant bays. As a result, the RECIPIENT's sweeping program will not be as limited by available decant facility space and will be able to decant more street waste. Effluent from the Facility runs through an oil -water separator and a sand filter, and is discharged to the ground through an infiltration swale to the north of the Facility. The treatment train removes total suspended solids (TSS), oil (Total Petroleum Hydrocarbon), and dissolved copper and zinc. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley RECIPIENT INFORMATION Organization Name: City of Spokane Valley Federal Tax ID: 71-0914170 DUNS Number: 168240617 Mailing Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 Physical Address: 10210 East Sprague Avenue Spokane Valley, Washington 99206 Organization Email: Organization Fax: Contacts cityhall@spokanevalley.org (509) 921-1008 Page 3 of 43 Project Manager Chad Phillips Assistant Stormwater Engineer 10210 E. Sprague Ave. Spokane Valley, Washington 99206 Email: cphillips@spokanevalley.org Phone: (509) 720-5013 Billing Contact Jonathan Lakey Accountant/Budget Analyst 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: jlakey@spokanevalley.org Phone: (509) 720-5046 Authorized William Helbig Signatory City Engineer 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: bhelbig@spokanevalley.org Phone: (509) 720-5000 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 4 of 43 Project Manager Brandy Reynecke 4601 N Monroe Street Spokane, Washington 99205-1295 Email: brey461@ecy.wa.gov Phone: (509) 329-3421 Sarah Zehner Financial Water Quality Financial Manager Manager PO Box 47600 Olympia, Washington 98504-7600 Email: szeh461@ecy.wa.gov Phone: (360) 407-7196 Doug Howie Technical Senior Stormwater Engineer Advisor PO Box 47600 Olympia, Washington 98504-7600 Email: DOH0461@ecy.wa.gov Phone: (360) 407-6444 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley AUTHORIZING SIGNATURES Page 5 of 43 RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology City of Spokane Valley By: By: Heather R. Bartlett Water Quality Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 Date William Helbig City Engineer Date State of Washington Department of Ecology Agreement No: WQC-2018-Spoval-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 1 Task Cost: $0.00 Task Title: Project Administration/Management Page 6 of 43 Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout report. * Properly maintained project documentation Recipient Task Coordinator: Chad Phillips Project Administration/Management Deliverables Number Description Due Date 1.1 Quarterly Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 2 Task Cost: $60,000.00 Task Title: Design Plans and Specs, Environmental Review Page 7 of 43 Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA) documentation. B. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and federal permits, licenses, easements, or property rights necessary for the project. C. The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate cultural resources review the RECIPIENT will: 1. Submit an ECOLOGY 05-05/106 Form, or a cultural resources survey or assessment completed by a licensed archaeologist to ECOLOGY. All submitted materials must conform to the Washington State Standards for Cultural Resource Reporting (DAHP February 2014). 2. Develop and submit an Inadvertent Discovery Plan (IDP) to ECOLOGY. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. An IDP template may be found on the ECOLOGY website. Ground disturbing work (including geotechnical investigations) completed prior to receiving written notice to proceed from ECOLOGY shall not be eligible for reimbursement. D. The RECIPIENT will develop a project Design Report. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload a digital copy of the items listed below to EAGL for review. Reduce design figures to 11x17 inches in size and ensure they are legible. 1. Design Report. For a complete list of required design report elements refer to the ECOLOGY website. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report Acceptance Letter prior to proceeding to 90 Percent design. 2. 90 Percent Design Package. At a minimum, this package must include 90 percent plans, specifications, engineer's opinion of cost which includes a schedule of eligible costs, and project construction schedule. For current bid inserts and specifications refer to the ECOLOGY website. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 8 of 43 The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design Acceptance Letter prior to proceeding Final Design. 3. The RECIPIENT will upload a digital copy of the Final Bid Package to EAGL for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer's opinion of cost including a schedule of eligible costs, and project construction schedule. Task Goal Statement: The RECIPIENT will complete all design, environmental review, and permitting tasks and respond to ECOLOGY comments in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the State Environmental Policy Act, cultural resource protection requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state, and local laws and regulations. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-Spoval-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Recipient Task Coordinator: Chad Phillips Design Plans and Specs, Environmental Review Deliverables Page 9 of 43 Number Description Due Date 2.1 Copy of SEPA determination documentation. Upload to EAGL and notify ECOLOGY when upload is complete. 2.2 Submit ECOLOGY 05-05/106 Form and any supplemental cultural resources documentation including Cultural Resource surveys directly to the Ecology Project Manager. Upload the Final Determination Letter to EAGL. 2.3 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY when upload is complete. 2.4 Design Report. Upload one copy of the Design Report to EAGL and notify ECOLOGY when upload is complete. 2.5 Responses to ECOLOGY Design Report comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.6 Ecology Design Report Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.7 90 Percent Design Package. Upload one copy of the 90 -Percent Design Package to EAGL and notifyECOLOGY when upload is complete. 2.8 Responses to ECOLOGY 90 Percent Design Plan comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.9 Ecology 90 Percent Design Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.10 List of permits acquired, and environmental review documents. Upload to EAGL and notify ECOLOGY when upload is complete. 2.11 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is complete. 2.12 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 3 Task Cost: $30,000.00 Task Title: Construction Management Task Description: A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed construction quality assurance plan to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Once accepted by Ecology, upload to EAGL. C. The RECIPIENT will conduct a pre -construction conference meeting and invite ECOLOGY to attend. Page 10 of 43 D. The RECIPIENT will submit an updated project schedule with projected cash flow to ECOLOGY within 30 days of the start of construction. The RECIPIENT will revise and/or update the project schedule whenever major changes occur and at a minimum of every three months. The RECIPIENT will submit the updated schedule to ECOLOGY with the quarterly report. When changes in the construction schedule affect previous cash flow estimates, The RECIPIENT must submit revised cash flow projections to ECOLOGY. Prior to execution, the RECIPIENT will submit in writing any eligible change orders that are a significant deviation from ECOLOGY -accepted plans and specifications for ECOLOGY review and acceptance for payment. ECOLOGY must review and accept all change orders that impact grant eligible activities prior to implementation. ECOLOGY must review all other change orders for technical merit and should be submitted within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal to ECOLOGY for acceptance. E. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. Additionally, the RECIPIENT will develop and submit an operations and maintenance (O&M) plan for all Water Quality Best Management Practices to ECOLOGY for review. The O&M plan will describe how the RECIPIENT will ensure project success consistent with the design manual used. The O&M plan must also address long-term activities to assure ongoing pollutant removal and flow -control capability of the project in accordance with the design manual. F. Upon completion of construction, the RECIPIENT will provide to ECOLOGY: 1. A Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications and major change orders approved by ECOLOGY's Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. 2. GIS compatible project area in Shapefile, Geodatabase file, or ECOLOGY -Approved Equivalent. The project area should include features for treatment facilities and contributing areas. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-Spoval-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley ECOLOGY with all requested project documentation. Task Expected Outcome: Project will be constructed on schedule and in accordance with accepted plans. Recipient Task Coordinator: Chad Phillips Construction Management Deliverables Page 11 of 43 Number Description Due Date 3.1 Construction Quality Assurance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.2 Pre -construction conference meeting minutes. Upload to EAGL and notify ECOLOGY when upload is complete. 3.3 Project Schedule. Upload to EAGL using naming convention D3.3 SCHEDULE MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.4 Revised cash flow estimates when changes in construction schedule occur. Upload to EAGL using naming convention D3.4 CASHFLOW MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.5 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. 3.6 Copy of Facility Operation and Maintenance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.7 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. 3.8 Project Area Shapefile, Geodatabase file, or ECOLOGY -approved Equivalent. The project area should include features for treatment facilities and contributing areas. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 4 Task Cost: $505,535.00 Task Title: Construction Page 12 of 43 Task Description: A. The RECIPIENT will, in accordance with ECOLOGY -accepted plans and specifications, complete construction of the project. The construction project will include installation of a canopy over the Spokane Valley Regional Decant Facility to increase the usage of the Facility and more thoroughly treat Facility effluent. Task Goal Statement: Construction of the project in accordance with ECOLOGY -accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits by increasing the amount of street waste being decanted. Recipient Task Coordinator: Chad Phillips Construction Deliverables Number Description Due Date 4.1 Copy of the contract documents (e.g. bid announcement, bid award and bid tabulations). Upload to EAGL and notify ECOLOGY when upload is complete. 4.2 Copy of signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 4.3 Construction progress reports and photos included in progress reports uploaded to EAGL. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley BUDGET Funding Distribution EG190427 NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to idents each budget. Funding Title: SFAP Funding Type: Grant Funding Effective Date: 07/01/2017 Funding Expiration Date: 12/31/2021 Funding Source: Title: SFAP-SFY17 (WQC-2016) Type: Funding Source %: Description: Page 13 of 43 State 67.17% Funds come from the Model Toxic Control Account and State Building Construction Account. It funds projects that reduce the environmental impact of Stormwater pollution Title: SFAP-SFY18 Type: State Funding Source %: 32.83% Description: Environmental Legacy Stewardship Account (ELSA) - State Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Version 10/30/2015 Approved State Indirect Rate: 0% 25% No No No State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley SFAP Task Total Project Administration/Management $ 0.00 Design Plans and Specs, Environmental Review $ 60,000.00 Construction Management $ 30,000.00 Construction $ 505,535.00 Total: $ 595,535.00 Version 10/30/2015 Page 14 of 43 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Funding Distribution Summary Recipient / Ecology Share Page 15 of 43 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total SFAP 25.00 % $ 148,883.75 $ 446,651.25 $ 595,535.00 Total $ 148,883.75 $ 446,651.25 $ 595,535.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: "Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. "Administrative Requirements" means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. "Annual Debt Service" for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. "Acquisition" means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. "Centennial Clean Water Program" means the state program funded from various state sources. "Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of the project. "Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 16 of 43 "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "Effective Date" means the earliest date on which eligible costs may be incurred. "Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge. "Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT. "Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. "Equivalency" means projects designated by ECOLOGY to meet additional federal requirements. "Expiration Date" means the latest date on which eligible costs may be incurred. "Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. "Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. "Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. "Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines" means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 17 of 43 "Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. "Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. "Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable. "Loan Fund" means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. "Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan. "Loan Term" means the repayment period of the loan. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents. "Principal and Interest Account" means, for a loan that constitutes Revenue -Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. "Project" means the project described in this agreement. "Project Completion Date" means the date specified in the agreement on which the Scope of Work will be fully completed. This term is only used in loan agreements. "Project Schedule" means that schedule for the project specified in the agreement. "Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Reserve Account" means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. "Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. "Scope of Work" means the tasks and activities constituting the project. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 18 of 43 "Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution . "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. "State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. "Termination Date" means the effective date of ECOLOGY'S termination of the agreement. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. "Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY's Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 19 of 43 a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley e. Hazardous Substances. Page 20 of 43 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed "clean." 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term -limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment reimbursement. Washington State's Department of Enterprise Services (DES) issues all payments. DES maintains a central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the registration process online at: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES Payee Help Desk at (360) 407-8180or payeehelpdesk@watech.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre -approved by ECOLOGY's project manager before purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley be reported on the Equipment Purchase Report in EAGL. Page 21 of 43 F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from ECOLOGY's Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley 2. "Section 319 Initial Data Reporting" form in EAGL. Page 22 of 43 A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use." C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting" form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System ofAccounting". B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) --Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 23 of 43 C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at: https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization's information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Page 24 of 43 Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 25 of 43 agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT'S Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form 5. CWSRF Federal Reporting Information form available in EAGL 6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 26 of 43 the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitlel-chap l l .pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: http://www.ecy.wa.gov/programs/wq/funding/FundPrgm s/C W SRF/SignageGuidanceJune2015.pdf. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, or it shall self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT's knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation -secured loans and general obligation payable from special -assessment -secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 27 of 43 respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a "Loan Amount") shall bear interest based on the interest rate identified in this agreement as the "Effective Interest Rate," per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan "Loan Term" as outlined in this agreement. J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4. For Revenue -Secured: Lien Position. This loan is a Revenue -Secured Debt of the RECIPIENT's Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 28 of 43 If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT's payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 29 of 43 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY's Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT'S Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the RECIPIENT" to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 30 of 43 subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the "General Comments" text box of each progress report. "We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the Department of Ecology. This includes but is not limited to: - The Davis -Bacon Act, 29 CFR (If applicable) - Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33" P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Utility unless: Page 31 of 43 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the DEPARTMENT. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer -Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer -use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system. 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 32 of 43 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the "Termination Payment Date"). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults," any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 33 of 43 actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. T. User -Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user -charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user -charge system will include provisions for a connection charge. In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 34 of 43 transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five tc executives using the FFATA Data Collection Form. • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION Page 35 of 43 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/ 1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 36 of 43 • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@watech.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 37of43 ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 38 of 43 measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 39 of 43 b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT 's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY'S logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 40 of 43 under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 41 of 43 All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, , http s: //ecology.wa. gov/Regulations-Permits/Guidance-technical-assistance/Sustain able -purchasing. 27. TERMINATION a) For Cause Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 42 of 43 ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00074 Project Title: Spokane Valley Regional Decant Facility Canopy Recipient Name: City of Spokane Valley Page 43 of 43 prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Version 10/30/2015 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 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: Sprague, University to Park Stormwater Improvements — Department of Ecology Agreement GOVERNING LEGISLATION: RCW 90.48, Chapter 173-200 WAC, Title 33 U.S.C. 1251-1376; Storm and Surface Water Utility: SVMC 3.80; Aquifer Protection Area Fund: RCW 36.36. The Federal Clean Water Act of 1987, Section 319, Chapter 173-95A WAC PREVIOUS COUNCIL ACTION TAKEN: • October 21, 2014 — Administrative Report discussing Washington State Department of Ecology stormwater grant opportunities resulting in consensus to apply for grants. • October 11, 2016 — Administrative Report discussing Washington State Department of Ecology stormwater grant opportunities resulting in consensus to apply for grants. • November 13, 2018 — Ordinance 18-024 adopting the 2019 City Budget, including $832,600 for Fund 403 (Aquifer Protection Area Fund) expenditures. • May 21, 2019 — Administrative Report regarding the details of this Water Quality Agreement where Council consensus was to place on Consent Agenda for authorization to execute. BACKGROUND: The Department of Ecology, through the Water Quality Program for State Fiscal Year (SFY) 2016, issued a call for projects on September 1, 2014. Consensus from City Council to apply for grants was received on October 21, 2014. On July 07, 2015 this project was selected by the Department of Ecology for award, contingent on funding availability. In 2016, Ecology received direction from the Legislature to delay funding for 67 state-wide stormwater projects proposed to receive funding from the Stormwater Financial Assistance Program (SFAP) in SFY16 and SFY17. These delays were necessary to address a shortfall in the Model Toxics Control Act funds and were accompanied by significant reductions in both operating and capital budgets, across many environmental program areas. This stormwater project application was included on the SFY16 and SFY17 list of delayed projects. On February 21, 2018, the City was informed by the Department of Ecology that the 2017 — 2019 Washington State Biennial Budget successfully addressed funding shortfalls, and Ecology was authorized to resume agreement negotiation for this project. The Department of Ecology Water Quality Agreement will be used to provide treatment for total suspended solids (TSS), oil (total petroleum hydrocarbons) and will reduce the volume of pollutants that enter the groundwater. This project is located along two miles of Sprague Avenue, from University to Park Road. Stormwater in the project area is currently collected and discharged to ground without pretreatment via approximately 75 drywells. OPTIONS: Council approval for finalization and execution of the Water Quality Financial Assistance Agreement; or other appropriate action. RECOMMENDED ACTION OR MOTION: Move to approve the Water Quality Combined Financial Assistance Agreement for the Sprague, University to Park Stormwater project, between the City of Spokane Valley and the Department of Ecology, and authorize the City Manager or his designee, to finalize and execute the agreement. BUDGET/FINANCIAL IMPACTS: Preliminary contributing cost estimate of $2,569,320 for improvements, with up to $1,500,000 reimbursed by Ecology. The following is a summary of the financial information. Ecology Share $1,500,000 (75% - SFAP) City Share (Fund 403) $ 500,000.00 (25% - SFAP) City Share (Fund 402/403) $ 569,320.00 (Inflationary increases) Total Eligible Costs $ 741,650.00 There are sufficient funds available in Fund 403, Aquifer Protection Area Fund, to cover 2019 expenditures associated with this Agreement. Subsequent Annual City Budgets will also identify sufficient funding in Fund 402/403 for future years' expenditures. STAFF CONTACT: Bill Helbig, PE — City Engineer Chad Phillips, PE — Stormwater Engineer ATTACHMENTS: Department of Ecology Water Quality Agreement DEPARTMENT OF ECOLOGY State of Washington Agreement No. WQC-2016-SpoVal-00122 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF SPOKANE VALLEY This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and City of Spokane Valley, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Sprague, University to Park Stormwater Improvements $2,000,000.00 $2,000,000.00 $1,500,000.00 $500,000.00 07/01/2018 06/30/2023 Stormwater Facility Project Short Description: This project will improve water quality in the Spokane Valley-Rathdrum Prairie Aquifer through installation of Low Impact Development (LID) techniques including bioinfiltration, open bottom planter boxes, and/or cartridge media treatment, along Sprague Avenue between University and Park Roads in the City of Spokane Valley. This project will provide treatment for total suspended solids (TSS), oil (total petroleum hydrocarbons) and will reduce the volume of pollutants thet enter the groundwater. Project Long Description: The City of Spokane Valley is located over the Spokane Valley-Rathdrum Prairie (SVRP) Aquifer. The SVRP Aquifer is as an EPA designated sole source aquifer that provides drinking water to about 500,000 people. The SVRP Aquifer is also connected to the Spokane and Little Spokane Rivers, both of which are 303(d) list impaired water bodies with total maximum daily loads (TMDLs) in place for dissolved oxygen and dissolved metals. The entire City of Spokane State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Valley is a Critical Aquifer Recharge Area and urban stormwater runoff is currently injected into the ground with no pretreatment. This project is located along two miles of Sprague Avenue, from University Avenue to Park Road. Sprague Avenue is a five lane, one way, west bound principal arterial in a fully developed commercial zone. Both sides of the arterial are lined with eight to twelve foot landscaped areas with mature trees that will not be removed. Stormwater in the project area is currently collected and discharged to ground without pretreatment via approximately 75 drywells. The RECIPIENT will retrofit approximately 60 drywells with a combination of treatment best management practices (BMPs) that will provide at least basic treatment. The treatment facilities will be designed to capture, treat, and infiltrate stormwater from 16 acres of pollution generating impervious surface. The RECIPIENT will use a combination of open bottomed planter boxes, bioinfiltration swales, and Contech storm filter cartridges. They will determine which combination of BMPs are most appropriate based on basin size, treatment area available, public preference, and the extent of existing rights of way and easements. This project will treat stormwater for TSS and oil. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Version 10/30/2015 Page 2 of 40 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley RECIPIENT INFORMATION Organization Name: City of Spokane Valley Federal Tax ID: 71-0914170 DUNS Number: 168240617 Mailing Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 Physical Address: 10210 East Sprague Avenue Spokane Valley, Washington 99206 Organization Email: Organization Fax: Contacts cityhall@spokanevalley.org (509) 921-1008 Page 3 of 40 Project Manager Chad Phillips Assistant Stormwater Engineer 10210 E. Sprague Ave. Spokane Valley, Washington 99206 Email: cphillips@spokanevalley.org Phone: (509) 720-5013 Billing Contact Jonathan Lakey Accountant/Budget Analyst 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: jlakey@spokanevalley.org Phone: (509) 720-5046 Authorized William Helbig Signatory City Engineer 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: bhelbig@spokanevalley.org Phone: (509) 720-5000 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 4 of 40 Project Manager Brandy Reynecke 4601 N Monroe Street Spokane, Washington 99205-1295 Email: brey461@ecy.wa.gov Phone: (509) 329-3421 Sarah Zehner Financial Water Quality Financial Manager Manager PO Box 47600 Olympia, Washington 98504-7600 Email: szeh461@ecy.wa.gov Phone: (360) 407-7196 Doug Howie Technical Senior Stormwater Engineer Advisor PO Box 47600 Olympia, Washington 98504-7600 Email: DOH0461@ecy.wa.gov Phone: (360) 407-6444 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley AUTHORIZING SIGNATURES Page 5 of 40 RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology City of Spokane Valley By: By: Heather R. Bartlett Water Quality Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 Date William Helbig City Engineer Date State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 1 Task Cost: $0.00 Task Title: Project Administration/Management Page 6 of 40 Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout report. * Properly maintained project documentation Recipient Task Coordinator: Chad Phillips Project Administration/Management Deliverables Number Description Due Date 1.1 Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 2 Task Cost: $85,500.00 Task Title: Design Plans and Specs, Environmental Review Page 7 of 40 Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA) documentation. B. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and federal permits, licenses, easements, or property rights necessary for the project. C. The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate cultural resources review the RECIPIENT will: 1. Submit an ECOLOGY 05-05/106 Form, or a cultural resources survey or assessment completed by a licensed archaeologist to ECOLOGY. All submitted materials must conform to the Washington State Standards for Cultural Resource Reporting (DAHP February 2014). 2. Develop and submit an Inadvertent Discovery Plan (IDP) to ECOLOGY. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. An IDP template may be found on the ECOLOGY website. Ground disturbing work (including geotechnical investigations) completed prior to receiving written notice to proceed from ECOLOGY shall not be eligible for reimbursement. D. The RECIPIENT will develop a project Design Report. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload a digital copy of the items listed below to EAGL for review. Reduce design figures to 11x17 inches in size and ensure they are legible. 1. Design Report. For a complete list of required design report elements refer to the ECOLOGY website. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report Acceptance Letter prior to proceeding to 90 Percent design. 2. 90 Percent Design Package. At a minimum, this package must include 90 percent plans, specifications, engineer's opinion of cost which includes a schedule of eligible costs, and project construction schedule. For current bid inserts and specifications refer to the ECOLOGY website. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 8 of 40 The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design Acceptance Letter prior to proceeding Final Design. 3. The RECIPIENT will upload a digital copy of the Final Bid Package to EAGL for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer's opinion of cost including a schedule of eligible costs, and project construction schedule. Task Goal Statement: The RECIPIENT will complete all design, environmental review and permitting tasks and respond to ECOLOGY comments in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the State Environmental Policy Act, cultural resource protection requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state and local laws and regulations. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Recipient Task Coordinator: Chad Phillips Design Plans and Specs, Environmental Review Deliverables Page 9 of 40 Number Description Due Date 2.1 Copy of SEPA determination documentation. Upload to EAGL and notify ECOLOGY when upload is complete. 2.2 Submit ECOLOGY 05-05/106 Form and any supplemental cultural resources documentation including Cultural Resource surveys directly to the Ecology Project Manager. Upload the Final Determination Letter to EAGL. 2.3 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY when upload is complete. 2.4 Design Report. Upload one copy of the Design Report to EAGL and notify ECOLOGY when upload is complete. 2.5 Responses to ECOLOGY Design Report Comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.6 Ecology Design Report Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.7 90 Percent Design Package. Upload one copy of the 90 -Percent Design Package to EAGL and notify ECOLOGY when upload is complete. 2.8 Responses to ECOLOGY 90 percent Design Plan comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.9 Ecology 90 percent Design Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.10 List of permits acquired, and environmental review documents. Upload to EAGL and notify ECOLOGY when upload is complete. 2.11 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is complete. 2.12 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 3 Task Cost: $171,000.00 Task Title: Construction Management Task Description: A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed construction quality assurance plan to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Once accepted by Ecology, upload to EAGL. C. The RECIPIENT will conduct a pre -construction conference meeting and invite ECOLOGY to attend. Page 10 of 40 D. The RECIPIENT will submit an updated project schedule with projected cash flow to ECOLOGY within 30 days of the start of construction. The RECIPIENT will revise and/or update the project schedule whenever major changes occur and at a minimum of every three months. The RECIPIENT will submit the updated schedule to ECOLOGY with the quarterly report. When changes in the construction schedule affect previous cash flow estimates, The RECIPIENT must submit revised cash flow projections to ECOLOGY. Prior to execution, the RECIPIENT will submit in writing any eligible change orders that are a significant deviation from ECOLOGY -accepted plans and specifications for ECOLOGY review and acceptance for payment. ECOLOGY must review and accept all change orders that impact grant eligible activities prior to implementation. ECOLOGY must review all other change orders for technical merit and should be submitted within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal to ECOLOGY for acceptance. E. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. Additionally, the RECIPIENT will develop and submit an operations and maintenance (O&M) plan for all Water Quality Best Management Practices to ECOLOGY for review. The O&M plan will describe how the RECIPIENT will ensure project success consistent with the design manual used. The O&M plan must also address long-term activities to assure ongoing pollutant removal and flow -control capability of the project in accordance with the design manual. F. Upon completion of construction, the RECIPIENT will provide to ECOLOGY: 1. A Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications and major change orders approved by ECOLOGY's Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. 2. GIS compatible project area in Shapefile, Geodatabase file, or ECOLOGY -Approved Equivalent. The project area should include features for treatment facilities and contributing areas. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley ECOLOGY with all requested project documentation. Task Expected Outcome: Project will be constructed on schedule and in accordance with accepted plans. Recipient Task Coordinator: Chad Phillips Construction Management Deliverables Page 11 of 40 Number Description Due Date 3.1 Construction Quality Assurance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.2 Pre -construction conference meeting minutes. Upload to EAGL and notify ECOLOGY when upload is complete. 3.3 Project Schedule. Upload to EAGL using naming convention D3.3 SCHEDULE MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.4 Revised Cash Flow Estimates when changes in construction schedule occur. Upload to EAGL using naming convention D3.4 CASHFLOW MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.5 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. 3.6 Copy of Facility Operation and Maintenance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.7 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. 3.8 Project Area Shapefile, Geodatabase file, or ECOLOGY -approved Equivalent. The project area should include features for treatment facilities and contributing areas. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 4 Task Cost: $1,743,500.00 Task Title: Construction Page 12 of 40 Task Description: A. The RECIPIENT will, in accordance with ECOLOGY -accepted plans and specifications, complete construction of the project. The construction project will include installation of a combination of open bottomed planter boxes, bioinfiltration swales, and Contech storm filter cartridges to mitigate runoff from 16 acres of pollution generating impervious surface. B. Calculate and submit an equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in Appendix M of the funding guidelines for State Fiscal Year 2018 Combined Water Quality Financial Assistance Program or other ECOLOGY -accepted method. Task Goal Statement: Project will be constructed in accordance with ECOLOGY -accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reductions in TSS and oil. Recipient Task Coordinator: Chad Phillips Construction Deliverables Number Description Due Date 4.1 Copy of the contract documents (e.g. bid announcement, bid award and bid tabulations). Upload to EAGL and notify ECOLOGY when upload is complete. 4.2 Copy of signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 4.3 Construction progress reports and photos included in quarterly reports. 4.4 Completed equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley BUDGET Funding Distribution EG160630 NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to idents each budget. Funding Title: SFAP Funding Type: Grant Funding Effective Date: 07/01/2018 Funding Expiration Date: 06/30/2023 Funding Source: Title: SFAP - SFY16 Type: State Funding Source %: 100% Description: Environmental Legacy Stewardship Account (ELSA) - State Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Approved State Indirect Rate: 0% 25% No No No SFAP Task Total Project Administration/Management $ 0.00 Design Plans and Specs, Environmental Review $ 85,500.00 Construction Management $ 171,000.00 Construction $ 1,743,500.00 Total: $ 2,000,000.00 Version 10/30/2015 Page 13 of 40 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Funding Distribution Summary Recipient / Ecology Share Page 14 of 40 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total SFAP 25.00 % $ 500,000.00 $ 1,500,000.00 $ 2,000,000.00 Total $ 500,000.00 $ 1,500,000.00 $ 2,000,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: "Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. "Administrative Requirements" means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. "Annual Debt Service" for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. "Centennial Clean Water Program" means the state program funded from various state sources. "Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of the project. "Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "Effective Date" means the earliest date on which eligible costs may be incurred. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley "Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge. "Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT. "Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. "Equivalency" means projects designated by ECOLOGY to meet additional federal requirements. Page 15 of 40 "Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. "Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. "Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. "Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines" means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. "Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley "Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. "Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable. Page 16 of 40 "Loan Fund" means the special fund of that name created by ordinance or resolution of the RECIPIENT for the repayment of the principal of and interest on the loan. "Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan. "Loan Term" means the repayment period of the loan. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents. "Principal and Interest Account" means, for a loan that constitutes Revenue -Secured Debt, the account of that name created in the loan fund to be first used to repay the principal of and interest on the loan. "Project" means the project described in this agreement. "Project Completion Date" means the date specified in the agreement on which the Scope of Work will be fully completed. "Project Schedule" means that schedule for the project specified in the agreement. "Reserve Account" means, for a loan that constitutes Revenue -Secured Debt, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. "Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. "Scope of Work" means the tasks and activities constituting the project. "Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley claim or lien of the loan, subject only to Maintenance and Operation Expense. Page 17 of 40 "State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. "Termination Date" means the effective date of ECOLOGY'S termination of the agreement. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding. "Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY's Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. C. Cultural Resources: The RECIPIENT shall: 1) The RECIPIENT shall comply with all applicable federal, state and local environmental laws, statutes, regulations, executive orders, and permits. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 18 of 40 2) The RECIPIENT shall comply with Ecology's Archaeological Resource and Historic Property review process. The RECIPIENT agrees that in no case shall construction activities, ground disturbance, or excavation of any kind, begin until provisions of this process are complied with. The RECIPIENT is responsible for developing a complete Inadvertent Discovery Plan (IDP). The IDP must be immediately available upon request by any party. The IDP must be readily available and be implemented to address any discovery. The RECIPIENT shall implement the procedures in the IDP, and immediately notify ECOLOGY, the Department of Archeology and Historic Preservation (DAHP), and tribal representatives, if human remains, cultural, or archeological resources are discovered in the course of ground disturbing activities. For more details regarding requirements under this provision, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment reimbursement. Washington State's Department of Enterprise Services (DES) issues all payments. DES maintains a central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the registration process online at: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES Payee Help Desk at (360) 664-7779 or payeehelpdesk@des.wa.gov. E. Equipment Purchase: Equipment not included in the scope of work or the Ecology approved construction plans and specifications, must be pre -approved by ECOLOGY's project manager before purchase. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from ECOLOGY's Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 19 of 40 K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State. However, ECOLOGY may accept as eligible technical assistance, proposed practices, or project designs that do not meet these standards if approved in writing by the NRCS and ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND ONLY CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. 2. Clean Water Act Section 319 Initial Data Reporting Sheet or the "Section 319 Initial Data Reporting" form in EAGL. A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project. B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology's Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use." C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting" form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on pollutant load reductions for each best management practice (BMP) installed as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 20 of 40 cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System ofAccounting". B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at: https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit submissions, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/. C. Archaeological Resources and Historic Properties (Section 106): See Section 2.0 of the terms and conditions of this agreement, the RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). D. Consultant Cap: The RECIPIENT shall ensure that loan or grant funds provided under this agreement to reimburse for costs incurred by individual consultants (excluding overhead) is limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS -18), to be adjusted annually. The Executive Schedule can be found at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed. Contracts for services awarded using the procurement requirements in Subpart D of 2 CFR 200 are not affected by this limitation unless the terms of the contract provide the RECIPIENT with responsibility for the selection, direction, and control of the individuals who shall be providing services under the contract at an hourly or daily rate of compensation. See 2 CFR 1500.9 for additional information. E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that the organization's information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 21 of 40 whenever procuring construction, equipment, services and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, and State and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 22 of 40 policy, this agreement may be rescinded, canceled, or terminated in whole or in part, and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 23 of 40 1. Opinion of RECIPIENT'S Legal Council 2. Authorizing Ordinance or Resolution 3. Federal Funding Accountability and Transparency Act (FFATA) Form 4. CWSRF Federal Reporting Information form available in EAGL 5. Fiscal Sustainability Plan Certification (only required if the project includes construction of a wastewater or stormwater facility construction) A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. E. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: http://www.ecy.wa.gov/programs/wq/funding/FundPrgm s/C W SRF/SignageGuidanceJune2015.pdf. F. Free Service: The RECIPIENT shall not furnish utility service to any customer free of charge if providing that free service affects the RECIPIENT's ability to meet the obligations of this agreement. G. Insurance: The RECIPIENT shall at all times carry fire and extended coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and with policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, or it shall self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 24 of 40 H. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a "Loan Amount") shall bear interest based on the interest rate identified in this agreement as the "Effective Interest Rate," per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments semiannually over the term of this loan "Loan Term" as outlined in this agreement. I. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all of the other agreements and obligations on its part contained herein shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4. For Revenue -Secured: Lien Position. This loan is a Revenue -Secured Debt of the RECIPIENT's Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 25 of 40 (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a formal amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT's payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY's Revenue/Receivable Manager of the Fiscal Office. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 26 of 40 J. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Reserve Requirement: For loans that are Revenue -Secured Debt with terms greater than five years, the RECIPIENT must accumulate a reserve for the loan equivalent to at least the Average Annual Debt Service on the loan during the first five years of the repayment period of the loan. This amount shall be deposited in a Reserve Account in the Loan Fund in approximately equal annual payments commencing within one year after the initiation of operation or the project completion date, whichever comes first. "Reserve Account" means, for a loan that constitutes Revenue -Secured Debt, an account of that name created in the Loan Fund to secure the payment of the principal and interest on the loan. The amount on deposit in the Reserve Account may be applied by the RECIPIENT (1) to make, in part or in full, the final repayment to ECOLOGY of the loan amount or, (2) if not so applied, for any other lawful purpose of the RECIPIENT once the Loan Amount, plus interest and any other amounts owing to ECOLOGY, have been paid in full. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the loan Fund and used to pay the principal of and interest on the loan. The ULID Assessments in the ULID may be deposited into the Reserve Account to satisfy a Reserve Requirement if a Reserve Requirement is applicable. K. Maintenance and Operation of a Funded Utility: The RECIPIENT shall at all times maintain and keep a funded Utility in good repair, working order and condition and also shall at all times operate the Utility and the business in an efficient manner and at a reasonable cost. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley L. Opinion of RECIPIENT'S Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the RECIPIENT" to ECOLOGY before this agreement shall be signed. ECOLOGY will provide the form. Page 27 of 40 M. Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. N. Litigation; Authority: No litigation is now pending, or to the RECIPIENT's knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation -secured loans and general obligation payable from special -assessment -secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. O. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley RECIPIENT which has not been disclosed in writing to ECOLOGY. Page 28 of 40 Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. P. Sale or Disposition of Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the Utility or any real or personal property comprising a part of the Utility unless: 1. The facilities or property transferred are not material to the operation of the Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the Utility or are no longer necessary, material, or useful to the operation of the Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the Utility from the portion of the Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the DEPARTMENT. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. Q. Sewer -Use Ordinance or Resolution: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer -use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system. 2) Prohibit inflow of stormwater. 3) Require that new sewers and connections be properly designed and constructed. R. Termination and Default: Termination and Default Events Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. Page 29 of 40 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the "Termination Payment Date"). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults," any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 30 of 40 acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. S. User -Charge System: The RECIPIENT certifies that it has the legal authority to establish and implement a user -charge system and shall adopt a system of user -charges to assure that each user of the utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the utility, to establish a reserve to pay for replacement, to establish the required Loan Reserve Account, and to repay the loan. WATER QUALITY COMBINED FINANCIAL ASSISTANCE TERMS AND CONDITIONS LAST UPDATED ON 10/04/2016 GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 31 of 40 RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five tc executives using the FFATA Data Collection Form. • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION Page 32 of 40 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/ 1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 33 of 40 • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@watech.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 34 of 40 ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 35 of 40 measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 36 of 40 b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT 's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY'S logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 37of40 under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 38 of 40 All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, , http s: //ecology.wa. gov/Regulations-Permits/Guidance-technical-assistance/Sustain able -purchasing. 27. TERMINATION a) For Cause Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 39 of 40 ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00122 Project Title: Sprague, University to Park Stormwater Improvements Recipient Name: City of Spokane Valley Page 40 of 40 prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Version 10/30/2015 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 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: Appleway Stormwater Improvements, Farr to University, Phase 3B — Department of Ecology Agreement GOVERNING LEGISLATION: RCW 90.48, Chapter 173-200 WAC, Title 33 U.S.C. 1251-1376; Storm and Surface Water Utility: SVMC 3.80; Aquifer Protection Area Fund: RCW 36.36. The Federal Clean Water Act of 1987, Section 319, Chapter 173-95A WAC PREVIOUS COUNCIL ACTION TAKEN: • June 2011 - Council retreat. • April 24, 2012 — Council request to look at landscaping improvements on Appleway Blvd. • March 19, 2013 - Staff report/Council requests to study phasing. • May 21, 2013 — Council consensus to start design work for phase 1, Dora to Park Rd. • October 11, 2016 — Administrative Report discussing Washington State Department of Ecology stormwater grant opportunities resulting in consensus to apply for grants. • November 13, 2018 — Ordinance 18-024 adopting the 2019 City Budget, including $832,600 for Fund 403 (Aquifer Protection Area Fund) expenditures. • May 29, 2019 — Administrative Report regarding the details of this Water Quality Agreement where Council consensus was to place on Consent Agenda for authorization to execute. BACKGROUND: Following a June 2011 retreat, in 2012 Council requested that staff take a look at how Appleway Avenue between Thierman Rd. and University Rd. could be improved aesthetically with possible landscaping and/or stormwater swale improvements. Staff hired a landscape architectural consultant to review the existing available right-of-way, evaluate the existing swale areas and other potential landscape areas, and develop preliminary cost estimates to beautify Appleway Blvd. The consultant and staff finalized a study in December 2012 and reported to Council in March 2013. Council requested staff look at phasing options and costs associated with construction and long-term maintenance. This effort resulted in 3 phases of improvements. • Phase 1 — Dora to Park • Phase 2 — Park to Dishman-Mica • Phase 3 — Dishman-Mica to University On May 21, 2013 Council requested staff to begin design work for Phase 1 of Appleway Landscaping from Dora Street to Park Rd. Based on information gained through project development staff received Council approval to separate sidewalk, where right-of-way was available. Separating the sidewalks presents the following opportunities: • More aesthetically pleasing and closer in appearance to the adjoining Sprague project. • Snow storage next to the curb, saving property owners and businesses from the responsibility of moving the snow berm on a sidewalk left by City forces. Phase 1 was constructed in the fall of 2014. The Department of Ecology, through the Water Quality Program for State Fiscal Year (SFY) 2016, issued a call for projects on September 1, 2016. Consensus from City Council to apply for grants, including the Phase 3b Appleway Stormwater Improvements Farr to University, was received on October 11, 2016. On February 23, 2018, the City was informed by the Department of Ecology on the successful funding of this project, and Ecology was authorized to begin agreement negotiation for this project. The Department of Ecology Water Quality Agreement will provide water quality stormwater improvements along Appleway Blvd. between Farr Rd. and University Ave. as envisioned in the Appleway Enhanced Stormwater Feasibility study completed in 2012. This project is located along approximately 0.6 miles of Appleway Boulevard from Farr Rd. to University Ave. Appleway is an east bound, one way, four lane major arterial in developing mixed use zone. Existing stormwater infrastructure is comprised of one bio -infiltration swale with an overflow drywell at the east end of the project area, and catch basins with drywells with no pre-treatment along the length of the project area. Project Phase 3B proposes similar improvements to Phase 1 and includes separated sidewalk where right-of-way is available, replacing non -irrigated existing facilities with irrigated facilities, new irrigated bioinfiltration swales, and other general landscape improvements where practical. The project will help protect and restore water quality in Washington State by reducing stormwater impacts from existing infrastructure and development. OPTIONS: Council approval for finalization and execution of the Water Quality Financial Assistance Agreement; or other appropriate action. RECOMMENDED ACTION OR MOTION: Move to approve the Water Quality Combined Financial Assistance Agreement for the Appleway Stormwater Improvements, Farr to University project, between the City of Spokane Valley and the Department of Ecology, and authorize the City Manager or his designee, to finalize and execute the agreement. BUDGET/FINANCIAL IMPACTS: Total cost estimate of $ 969,400 for improvements, with up to $654,732.00 reimbursed by Ecology. The following is a summary of the financial information. Ecology Share $ 564,488.00 (75% - SFAP) City Share (Fund 403) $ 188,162.67 (25% - SFAP) Ecology Share $ 90,244.00 (100% - GRI) City (Fund 402/403/Street) $ 126,505.33 (Non -Eligible Costs) Total Eligible Costs $ 969,400.00 There are sufficient funds available in Fund 403, Aquifer Protection Area Fund, to cover 2019 expenditures associated with this Agreement. Subsequent Annual City Budgets will also identify sufficient funding in Fund 403 for future years' expenditures. STAFF CONTACT: Bill Helbig, PE — City Engineer Chad Phillips, PE — Stormwater Engineer ATTACHMENTS: Department of Ecology Agreement DEPARTMENT OF ECOLOGY State of Washington Agreement No. WQC-2018-SpoVal-00075 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF SPOKANE VALLEY This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and City of Spokane Valley, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Appleway Stormwater Improvements, Farr to University $1,242,109.00 $842,894.67 $654,732.00 $188,162.67 07/01/2018 12/31/2021 Stormwater Facility Project Short Description: This project will improve water quality in the Spokane Valley-Rathdrum Prairie Aquifer through installation of bio -infiltration swales on Appleway Blvd from Farr Rd to University Ave in the City of Spokane Valley. This project will provide treatment for total suspended solids (TSS) and oil (total petroleum hydrocarbons). Project Long Description: The City of Spokane Valley is located over the Spokane Valley-Rathdrum Prairie (SVRP) Aquifer. The SVRP Aquifer is as an EPA designated sole source aquifer that provides drinking water to about 500,000 people. The SVRP Aquifer is also connected to the Spokane and Little Spokane Rivers, both of which are 303(d) list impaired water bodies with total maximum daily loads (TMDLs) in place for dissolved oxygen and dissolved metals. The entire City of Spokane Valley is a Critical Aquifer Recharge Area and urban stormwater runoff is currently injected into the ground with no pretreatment. State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley The project is located along approximately 0.6 miles of Appleway Boulevard from Farr Rd to University Ave. Appleway Blvd is an east bound, one way, four lane major arterial in a developing mixed use zone. Existing stormwater infrastructure is comprised of one bio -infiltration swale with an overflow drywell at the east end of the project area, and catch basins with drywells with no pre-treatment along the length of the project area. The RECIPIENT will design and construct bio -infiltration swales along the length of the project area on both sides of the arterial to capture, treat, and infiltrate stormwater from approximately three acres of contributing area. The swales will treat stormwater for total suspended solids, and oil. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Version 10/30/2015 Page 2 of 43 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley RECIPIENT INFORMATION Organization Name: City of Spokane Valley Federal Tax ID: 71-0914170 DUNS Number: 168240617 Mailing Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 Physical Address: 10210 East Sprague Avenue Spokane Valley, Washington 99206 Organization Email: Organization Fax: Contacts cityhall@spokanevalley.org (509) 921-1008 Page 3 of 43 Project Manager Chad Phillips Assistant Stormwater Engineer 10210 E. Sprague Ave. Spokane Valley, Washington 99206 Email: cphillips@spokanevalley.org Phone: (509) 720-5013 Billing Contact Jonathan Lakey Accountant/Budget Analyst 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: jlakey@spokanevalley.org Phone: (509) 720-5046 Authorized William Helbig Signatory City Engineer 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: bhelbig@spokanevalley.org Phone: (509) 720-5000 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 4 of 43 Project Manager Brandy Reynecke 4601 N Monroe Street Spokane, Washington 99205-1295 Email: brey461@ecy.wa.gov Phone: (509) 329-3421 Sarah Zehner Financial Water Quality Financial Manager Manager PO Box 47600 Olympia, Washington 98504-7600 Email: szeh461@ecy.wa.gov Phone: (360) 407-7196 Doug Howie Technical Senior Stormwater Engineer Advisor PO Box 47600 Olympia, Washington 98504-7600 Email: DOH0461@ecy.wa.gov Phone: (360) 407-6444 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley AUTHORIZING SIGNATURES Page 5 of 43 RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology City of Spokane Valley By: By: Heather R. Bartlett Water Quality Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 Date William Helbig City Engineer Date State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 1 Task Cost: $0.00 Task Title: Project Administration/Management Page 6 of 43 Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout report. * Properly maintained project documentation Recipient Task Coordinator: Chad Philips Project Administration/Management Deliverables Number Description Due Date 1.1 Quarterly Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 2 Task Cost: $90,244.00 Task Title: Design Plans and Specs, Environmental Review Page 7 of 43 Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA) documentation. B. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and federal permits, licenses, easements, or property rights necessary for the project. C. The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate cultural resources review the RECIPIENT will: 1. Submit an ECOLOGY 05-05/106 Form, or a cultural resources survey or assessment completed by a licensed archaeologist to ECOLOGY. All submitted materials must conform to the Washington State Standards for Cultural Resource Reporting (DAHP February 2014). 2. Develop and submit an Inadvertent Discovery Plan (IDP) to ECOLOGY. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. An IDP template can be found on the ECOLOGY website. Ground disturbing work (including geotechnical investigations) completed prior to receiving written notice to proceed from ECOLOGY shall not be eligible for reimbursement. D. The RECIPIENT will develop a project Design Report. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will submit one digital copy of the items listed below to ECOLOGY for review. Reduce design figures to 11x17 inches in size and ensure they are legible. 1. Design Report. For a complete list of required design report elements refer to the ECOLOGY website. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report Acceptance Letter prior to proceeding to 90 Percent design. 2. 90 Percent Design Package. At a minimum, this package must include 90 percent plans, specifications, engineer's opinion of cost which includes a schedule of eligible costs, and project construction schedule. For current bid inserts and specifications refer to the ECOLOGY website. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 8 of 43 The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design Acceptance Letter prior to proceeding Final Design. 3. The RECIPIENT will submit a digital copy of the Final Bid Package to ECOLOGY for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer's opinion of cost including a schedule of eligible costs, and project construction schedule. Task Goal Statement: The RECIPIENT will complete all design, environmental review, and permitting tasks and respond to ECOLOGY comments in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the State Environmental Policy Act, cultural resource protection requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state, and local laws and regulations. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Recipient Task Coordinator: Chad Philips Design Plans and Specs, Environmental Review Deliverables Page 9 of 43 Number Description Due Date 2.1 Copy of SEPA determination documentation. Upload to EAGL and notify ECOLOGY when upload is complete. 2.2 Submit ECOLOGY 05-05/106 Form and any supplemental cultural resources documentation including Cultural Resource surveys directly to the Ecology Project Manager. Upload the Final Determination Letter to EAGL. 2.3 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY when upload is complete. 2.4 Design Report. Upload to EAGL and notify ECOLOGY when upload is complete. 2.5 Responses to ECOLOGY Design Report comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.6 Ecology Design Report Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.7 90 Percent Design Package. Upload to EAGL and notify ECOLOGY when upload is complete. 2.8 Responses to ECOLOGY 90 Percent Design Plan comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.9 Ecology 90 Percent Design Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.10 List of permits acquired, and environmental review documents. Upload to EAGL and notify ECOLOGY when upload is complete. 2.11 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is complete. 2.12 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 3 Task Cost: $60,000.00 Task Title: Construction Management Task Description: A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed construction quality assurance plan to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Once accepted by Ecology, upload to EAGL. C. The RECIPIENT will conduct a pre -construction conference meeting and invite ECOLOGY to attend. Page 10 of 43 D. The RECIPIENT will submit an updated project schedule with projected cash flow to ECOLOGY within 30 days of the start of construction. The RECIPIENT will revise and/or update the project schedule whenever major changes occur and at a minimum of every three months. The RECIPIENT will submit the updated schedule to ECOLOGY with the quarterly report. When changes in the construction schedule affect previous cash flow estimates, The RECIPIENT must submit revised cash flow projections to ECOLOGY. E. Prior to execution, the RECIPIENT will submit in writing any eligible change orders that are a significant deviation from ECOLOGY -accepted plans and specifications for ECOLOGY review and acceptance for payment. ECOLOGY must review and accept all change orders that impact grant eligible activities prior to implementation. ECOLOGY must review all other change orders for technical merit and should be submitted within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal to ECOLOGY for acceptance. F. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. Additionally, the RECIPIENT will develop and submit an operations and maintenance (O&M) plan for all Water Quality Best Management Practices to ECOLOGY for review. The O&M plan will describe how the RECIPIENT will ensure project success consistent with the design manual used. The O&M plan must also address long-term activities to assure ongoing pollutant removal and flow -control capability of the project in accordance with the design manual. G. Upon completion of construction, the RECIPIENT will provide to ECOLOGY: 1. A Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications and major change orders approved by ECOLOGY's Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. 2. GIS compatible project area in Shapefile, Geodatabase file, or ECOLOGY -Approved Equivalent. The project area should include features for treatment facilities and contributing areas. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley and provide ECOLOGY with all requested project documentation. Task Expected Outcome: Project will be constructed on schedule and in accordance with accepted plans. Recipient Task Coordinator: Chad Phillips Construction Management Deliverables Page 11 of 43 Number Description Due Date 3.1 Construction Quality Assurance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.2 Pre -construction conference meeting minutes. Upload to EAGL and notify ECOLOGY when upload is complete. 3.3 Project Schedule. Upload to EAGL using naming convention D3.3 SCHEDULE MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.4 Revised cash flow estimates when changes in construction schedule occur. Upload to EAGL using naming convention D3.4 CASHFLOW MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.5 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. 3.6 Copy of Facility Operation and Maintenance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.7 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. 3.8 Project Area Shapefile, Geodatabase file, or ECOLOGY -approved Equivalent. The project area should include features for treatment facilities and contributing areas. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley SCOPE OF WORK Task Number: 4 Task Cost: $692,650.67 Task Title: Construction Page 12 of 43 Task Description: A. The RECIPIENT will construct the project in accordance with ECOLOGY -accepted plans and specifications. The construction project will include installation of bio -infiltration swales and drywells to mitigate runoff from approximately three acres of pollution generating impervious surfaces. B. Calculate and submit an equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in the Combined Water Quality Financial Assistance Program Funding Guidelines or other ECOLOGY -accepted method. Task Goal Statement: Construction of the project in accordance with ECOLOGY -accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reduction of total suspended solids, oil, and dissolved copper and zinc. Recipient Task Coordinator: Chad Phillips Construction Deliverables Number Description Due Date 4.1 Copy of the contract documents (e.g. bid announcement, bid award and bid tabulations). Upload to EAGL and notify ECOLOGY when upload is complete. 4.2 Copy of signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 4.3 Construction progress reports and photos included in progress reports uploaded to EAGL. 4.4 Completed equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley BUDGET Funding Distribution EG190407 NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to idents each budget. Funding Title: SFAP Funding Type: Grant Funding Effective Date: 07/01/2018 Funding Expiration Date: 12/31/2021 Funding Source: Title: SFAP-SFY18 Type: State Funding Source %: 100% Description: Environmental Legacy Stewardship Account (ELSA) - State Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Approved State Indirect Rate: 0% 25% No No No SFAP Task Total Project Administration/Management $ 0.00 Design Plans and Specs, Environmental Review $ 0.00 Construction Management $ 60,000.00 Construction $ 692,650.67 Total: $ 752,650.67 Version 10/30/2015 Page 13 of 43 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley BUDGET Funding Distribution EG190408 NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to idents each budget. Funding Title: Green Retrofit Incentive Funding Type: Grant Funding Effective Date: 07/01/2018 Funding Expiration Date: 12/31/2021 Funding Source: Title: SFAP-SFY18 Type: State Funding Source %: 100% Description: Environmental Legacy Stewardship Account (ELSA) - State Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Approved State Indirect Rate: 0% 0% No No No Green Retrofit Incentive Task Total Design Plans and Specs, Environmental Review $ 90244.00 Total: $ 90,244.00 Version 10/30/2015 Page 14 of 43 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Funding Distribution Summary Recipient / Ecology Share Page 15 of 43 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Green Retrofit Incentive 0.00 % $ 0.00 $ 90,244.00 $ 90,244.00 SFAP 25.00 % $ 188,162.67 $ 564,488.00 $ 752,650.67 Total $ 188,162.67 $ 654,732.00 $ 842,894.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: "Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. "Administrative Requirements" means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. "Annual Debt Service" for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. "Acquisition" means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. "Centennial Clean Water Program" means the state program funded from various state sources. "Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of the project. "Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 16 of 43 "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "Effective Date" means the earliest date on which eligible costs may be incurred. "Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge. "Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT. "Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. "Equivalency" means projects designated by ECOLOGY to meet additional federal requirements. "Expiration Date" means the latest date on which eligible costs may be incurred. "Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. "Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. "Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. "Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines" means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley funded. Page 17 of 43 "Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. "Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. "Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable. "Loan Fund" means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. "Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan. "Loan Term" means the repayment period of the loan. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents. "Principal and Interest Account" means, for a loan that constitutes Revenue -Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. "Project" means the project described in this agreement. "Project Completion Date" means the date specified in the agreement on which the Scope of Work will be fully completed. This term is only used in loan agreements. "Project Schedule" means that schedule for the project specified in the agreement. "Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Reserve Account" means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. "Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. "Scope of Work" means the tasks and activities constituting the project. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 18 of 43 "Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution . "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. "State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. "Termination Date" means the effective date of ECOLOGY'S termination of the agreement. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. "Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY's Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 19 of 43 B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley provide any housing and relocation assistance required. e. Hazardous Substances. Page 20 of 43 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed "clean." 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term -limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment reimbursement. Washington State's Department of Enterprise Services (DES) issues all payments. DES maintains a central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the registration process online at: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES Payee Help Desk at (360) 407-8180or payeehelpdesk@watech.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre -approved by ECOLOGY's project manager before purchase. All Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 21 of 43 equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from ECOLOGY's Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 22 of 43 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. 2. "Section 319 Initial Data Reporting" form in EAGL. A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use." C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting" form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System ofAccounting". B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) --Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley regulations and procedures of the federal agency implementing that Act. Page 23 of 43 C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at: https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization's information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Page 24 of 43 Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 25 of 43 G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT'S Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form 5. CWSRF Federal Reporting Information form available in EAGL 6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 26 of 43 concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitlel-chap l l .pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: http://www.ecy.wa.gov/programs/wq/funding/FundPrgm s/C W SRF/SignageGuidanceJune2015.pdf. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, or it shall self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT's knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation -secured loans and general obligation payable from special -assessment -secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 27 of 43 authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a "Loan Amount") shall bear interest based on the interest rate identified in this agreement as the "Effective Interest Rate," per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan "Loan Term" as outlined in this agreement. J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4. For Revenue -Secured: Lien Position. This loan is a Revenue -Secured Debt of the RECIPIENT's Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 28 of 43 If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT's payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 29 of 43 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY's Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT'S Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the RECIPIENT" to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 30 of 43 Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the "General Comments" text box of each progress report. "We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the Department of Ecology. This includes but is not limited to: - The Davis -Bacon Act, 29 CFR (If applicable) - Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33" P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 31 of 43 plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the DEPARTMENT. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer -Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer -use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system. 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 32 of 43 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the "Termination Payment Date"). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults," any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 33 of 43 Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. T. User -Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user -charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user -charge system will include provisions for a connection charge. In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 34 of 43 EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five tc executives using the FFATA Data Collection Form. • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION Page 35 of 43 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/ 1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 36 of 43 • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@watech.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 37of43 ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 38 of 43 measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 39 of 43 b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT 's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY'S logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 40 of 43 under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 41 of 43 All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, , http s: //ecology.wa. gov/Regulations-Permits/Guidance-technical-assistance/Sustain able -purchasing. 27. TERMINATION a) For Cause Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 42 of 43 ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2018-SpoVal-00075 Project Title: Appleway Stormwater Improvements, Farr to University Recipient Name: City of Spokane Valley Page 43 of 43 prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Version 10/30/2015 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 Department Director Approval : Item: Check all that apply: ❑ consent ❑ old business ['new business ['public hearing ['information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Regional Veterans Services GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Spokane County Regional Veterans Services Center Operations Manager Heather Drake will give an update on the services provided by the Veterans Center. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: PowerPoint; Handout 1 was "Sming 5fw4e Wfw S 10, °QfQH 44; Y{. Sly. €q Fit fi RS tars 4 WEST CARE YESJf'iVEfS PRpUf] FMYLOVER OF i/.9. VF1FXANS Heather Drake Operations Manager Spokane County & Eastern Washington Regional Veteran Services Center The 0 ortuni : Creatin • a Trifecta • • All Wesftfnpton veterans and their unifies are connected to their earned benefits Serving Thou Who i ped Info; • Imcpke each other • Yak1 eVarWM • Earn trust by being honest and proleeslonall • somal and mein the hex people • Conduct ourw3ve1 In a sa}e manner • Were Intmrrnelitin arld ieeh CilotihCaf1CM when heMcd Mu roach and auaae F6ut anon and mploymsn1 Provide PrGWde poallb Help verso -ant Se lee More .nlermar•an anal rare and 3eryICas prepare ler and ,Olerans hh opportunities for In DIN veterans achieve family develops.' ueeerans Lo homes wage tabs Pnraouatem t4 xPie(I to 1 herr approaches eethed benerils I -Y - Ll e a TCN irATE uEFA loose ws, PT4EhT qI r0Pta En„Rth VETERANS j t�dgmya� AFFAIRS Ilk respect they Spokane County WASNINGTOH Our Mission Spoke nr. County glis derhcatedl I- K and prmerting rhe quality ofif far all Irir.ans th gh the psinsui of errplipnre re5prms efiecttve and easterner driven SeNIP, Our Visions To he dte sow's nagehlp government agency renowned for innovative Leadership and r oriented services hand t4 redwood la, needs. 2018 Spokane County Strategic Framework Tete the siare's flaphi p Isrmmcnt aanryrcnrnlacd fur iInusative IeadershRpand eD.emrner- orientcd scndces el'Ipncd tocemmunity nceds rr sl. qaa .nrrc Se 1. Pro Dithhaim Dean ir. Spokane (nu ntg ,nrnlmant nadir -11,d to Cnllaining nd pub:that tilt atoll rt Ih tin I cal arns thmuph rbc rurnlit of esall nniin nspimic. ir r-tQentire anal m.Wrcrer-drn Of WOE, 'Serpi Most No Serie WESTCARE W H O WE ARE Uplifting the Human Spirit WestCare devotes our best collective and individual efforts toward "uplifting the human spirit" by consistently improving, expanding and strengthening the quality, efficacy and cost- effectiveness of everything we do in building for the future. wear WE Do • reeves WeMdres, • substance Use Disorders • Mental Health Disorders • Dumesnc Violence f Shoal Assaui • Homelessness . Criroloi 10000 11101 AIDS . Youth Speclflc . Veteran SpecEEC wlsTcagt WHERE WE SERVE NARNIacroN OREGON &Gomm� 11 OA SOWN NOEAI Sro09X WYOMING GO.. ■W l�� N�Dr', �� T N=RTX GRIMING Maass spa CAIirORNIA r LORIDP Creating Positive Partner Networks • SSVF/HVRP/IVTP Grantees • American Job Centers (DVOP/LVER) • Community/Neighborhood Action Programs • Workforce Development Councils/Higher Education • Chambers of Commerce/Tribal Organizations • VSO's, Stand Downs, Rotary Clubs, Fraternal Organizations • Disability Support Service Providers/Transportation Providers • Energy Assistance Programs/Food Banks/Clothing Closets • Shelters/HUD/Transitional Housing Providers/ • Federal VA CEC's, Patient Advocates, CBOC's • Faith Based Organizations • Economic Development Boards http://www.dva.wa.gov • WVEERATNS S AFFAIRS The Importance and Value of Strategic Public/Private Partnerships 1. Force Multiplier for Grant Opportunities: Westcare Foundation (IVTP, BOJ, RVCP, Lines For Life, Washington Serves/Schultz Family Foundation) Goodwill Industries (IVTP, SSVF, Operation Good Jobs) Catholic Community Services/Catholic Charities and other Faith Based Organizations (HVRP, VIP, SSVF) Educating Non -Profit Partners in the state Expanded Reach, Regional Planning, Connection to Benefits Touchpoints in the Community—Meeting Veterans where they are 2. Expanded Resources: Transportation Resources Food Banks, Legal Services COC's, WDC's, WSMTC, VERG Housing/Shelters/Association of Housing Authorities County Programs/Contracts ($$$) Levies, County Veteran Assistance Fund CVEB/COCB Problem Solving The Impact of Outreach, Partnership and Community Education 'Transition To Trust' Partners WASHINGTON STATE DEPARTMENT OF VETERAIIS A AFFAIRS Mk -Sent ease Who Sind" 9 goodwill Department of Corrections -.1 I y r. I [1 N t 1 h I r SpohnInsIt tines•Iife Preventing Substance Abuse & Suicide jr WESTON EASTERN Spokane County WASHINGTON drilA C .AL.11-1 TNI Illuir !Pt Process Map designed by: Jonathan Henderson CEO, Coal to on, LLC Jonatha ndkooaldionh2bsol utions.rnrn 257 2784585 6 M A. \vice_ Join us in celebrating the Grand Opening of our new Spokane County Regional Veterans Service Center brought about by an innovative strategic regional artnership with Washington State Department of Veterans Affairs. Spokane County and Westcar Friday, March 151, 2019 10:00AM-3:00PM 7 N_ Evergreen Rd., Spokane valley, WA 99216 Album with images: https://www.fliclr.com/photos/ Eastern Region Veterans Services Office A Collaborative Innovative Partnership with YOUR Washinggton State Department of Veterans Affairs, Spokane County, and the WestCare Foundation Comprehensive Veteran Services to include: • Financial, Transition & Reintegration Services State Department of Veterans Affairs Programs & Services • Employment & Professional Development Workshops & Services • Community Resource Referrals & Services • CVSO Claims & Benefits Services uAFFAIR VAgai AFFAIRS Set lang 7h..rt 1116.S4 Veterans Services Before: Veteran Population Seruvd; ▪ I.eir1 leer e, Heiee�rr.uIiLy L]]schatrgect, Spokane County Residents Only • Programs 8k S ervi ceR: SIetre l Lel ere �erecr}�,�er�yr .- Ii�l through Veterans RtllerFi.ind • Limited outreach and Advocacy 4t - Veterans Services Now: Vctcran Population Scrw -d: _rinnr3e:4 inn Virlarr;i n! 4e:rri--. FIr ;limn WA 1 n E hr3nr31'11 .;aenci services they have earned_ Programs & Scrvlztst Nhort term ernergen y relief through Veterans Relief Punkt Fier t:eei3nly Rr:!;IiIrTni ; t Extended Outreach and Advocacy I I! u;JIr3 F:Ctigeurue Lrer,ru}glr tiL•eic+.*.irl� collaborative community pnblis fprlvat•c partnerships. Firlari iai, Transition. & Reintegration Screicvs Lhrrerugie Sis.3Le:Jnr! {;r;JILL I j.. d PrRINI.3111r: t justice Involved Re -Entry S. 31c meiess Programs and Seri./ oes DD214/Lroel' mental ion Assistance .l aims . Denefits Seruice.s Id n. pi! iy ri .. it Se r wiL ! 7 Claudette Becker Eric Blackburn Jordan Sejour Stephen McGuire : rFu TTi 1 vso CLAIMS SUBMITTED ISSUES SUBMITTED CLAIMS RATED ISSUES RATED ISSUES GRANTED BATTING AVERAGE AWARD AMOUNT Adrian Wall TOTALS 44 17 23 0 0 293 50 102 0 0 38 139 26 74 1 7 8 31 0 0 103 62 7 24 0 74% 84% 100% 77% 0 $667,141.10 $239,158.57 $24,578.64 $122,358.87 0 0 0 0 0 0 0 0 84 445 73 251 196 78% $1,053,237.18 WF SF N 3Z k : T VT ]=F',t R"WENT D= VETERANS AFFAIRS Ii Servi,4k Those *710$owd" Spokane County Regional Veterans Services Center Spokane County Veterans Relief Services WDVA Statewide Programs & Services Grant Funded Programs & Services Claims, Benefits, and Advocacy Services Financial, Transition, & Reintegration Serv. 1117 N. Evergreen, Suite 2 Spokane, Washington 99216Phone: (509) 477-3690 8:00 AM -4:00 PM Mon - Fri Closed 12:00 to 1:00 pm The Spokane County Veteran's Services Office t t t is a Public Partnership in collaboration with the Washington State Department of Veterans Affairs and Westcare. It is operated by Spokane County and is governed by the VETERAN5 Veterans Advisory Board comprised of DAY members from Veteran's Service organizations and veteran community leaders, led by the ******************** Director is by the Spokane who appointed County Commissioners. Additional Spokane Area Resources: American Legion WDVA Veterans Services Office. (509) 434-775o address: 4815 N. Assembly Bldg 6-A Regional VA Office (Seattle) 1-800-827-1000 For VA Loans/Benefits / Programs 915 2nd Ave., Seattle, WA 98174 VA Hospital - (509) 434-7000 Toll Free: 1-800-325-7940 4815 N. Assembly 99205 Veterans Outreach Center (administered by the VA) (509) 444-8387 13109 E Mirabeau Pkwy Spokane Valley 99216 Health Care for Homeless Vets (HCHV)- (509) 462-2500 address: 705 W. 2nd Ave. 99201 VFW Post# 51 (509) 327-9847 American Legion #9 (509) 328-2884 300 West Mission 2-1-1 (Local emergency assis- tance number) just dial: 211 and tell the operator what your emer- gency needs are for a list of agency referrals. Northwest Justice Project Legal Advice Toll Free: 1-888-201-1014 9:15 AM to 12:15 Monday -Friday VETERANS\V �,� 'f4-. �� '.1j ♦ - s m AFFAIRS -r Those hoS e �irtr��i�r ,,Nimmi ,L -r WEST CAR .S E Spokane County www.spokanecounty.org/veteran dva.wa.gov WF SF N 3Z k : T VT ]=F',t R"WENT D= VETERANS AFFAIRS Ii Servi,4k Those *710$owd" Spokane County Regional Veterans Services Center Spokane County Veterans Relief Services WDVA Statewide Programs & Services Grant Funded Programs & Services Claims, Benefits, and Advocacy Services Financial, Transition, & Reintegration Serv. 1117 N. Evergreen, Suite 2 Spokane, Washington 99216Phone: (509) 477-3690 8:00 AM -4:00 PM Mon - Fri Closed 12:00 to 1:00 pm : Spokane County Regional Veterans Service Center Mission Statement: Spokane County Regional Veteran's Service Center strives to provide a comprehensive array of veterans programs and services to Eastern Washington veterans in a positive culture of honor and respect for their service. History: Spokane County Veteran's Services has been a department of Spokane County since 1952. Originally known as the Veteran's Aid Bureau, the office administered the "Soldiers and Sailor's Re- lief Fund" which can be traced back to the 189o's providing emergency financial services to indigent veterans, widows and their families—see Chapter 73.08 RCW (Revised Code of Washington) In 2017, Spokane County collaborated with the Washington State Department of Veterans Affairs to expand and improve services for area veterans. Veterans Advisory Board: Like other large counties in the state, this office has an advisory board. It is comprised of representatives from each of this county's nation- ally charted Veteran's service organizations and other leaders in the veterans services arena. Our Strategic Partnership: Our service center works closely with local, state, and federal programs to leverage resources and create opportunities to increase services through strategic public/private collaboration for federally funded grants and regional multijurisdictional partnerships. Types of Emergency Services Available: This "emergency (relief) assistance" is provided in Voucher form to a specific vendor for the following emergency related needs: Food & Hygiene Transportation Housing (facing eviction) Utilities (facing shut-off) Burial Assistance Training Assistance Work Clothing Barriers to Employment In addition to emergency financial aid, we offer information and referral services and assistance on a variety of Veteran's benefits, such as applying for military discharge papers (DD -214); VA Claims & Benefits, Education, Employment and Counseling. NOTE: Financial assistance is aimed not just at crisis intervention but toward a sustainable long term positive outcome. Eligibility Criteria: Before we can assist veterans, state law requires us to ob- tain certain "qualifying" documentation. All veterans who receive services from our office must provide proof of the following: 1. Proof of Honorable Discharge (DD -214) from the Armed Forces of the United States. *also bring marriage license and minor children's birth certificates if applicable. *Some exceptions apply. 2. Proof of Residency in the State of Washington for at least 12 months for state programs AND must be currently residing in Spokane County for county programs. *Some exceptions apply. 3. Proof of Income and Expenses at the time of application (tax re- turn, pay stubs, Bank Statements, DSHS, VA and Social Security award letters etc.) *Assistance is provided on a needs based, case by case determination. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 Department Director Approval : Item: Check all that apply: ❑ consent ❑ old business ['new business ['public hearing ['information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Spokane County Library District Update GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Librarian Diane Brown, Librarian Dana Mannino, and Managing Librarian Aileen Luppert will give an update on the Spokane County Library District. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: PowerPoint 1 SPOKANFCOUNTY LIBRARY t' DISTRICT Spokane County Library District LEARN, Spokane Valley City Council Meeting May 28, 2019 Diane Brown, Librarian Dana Mannino, Librarian Aileen Luppert, Managing Librarian , CREATE, TOGETHER "Providing resources, experiences, and places that empower people to learn, explore, and succeed." MISSION aSPOKANE COUNTY LIBRARY DISTRICT 2 Locations Cheney Deer Park Fairfield Medical Lake Moran Prairie North Spokane 3 Otis Orchards Spokane Valley The BookEnd 2018 BY THE NUMBERS 1.353 million 5,865 MEETING ROOM RESERVATIONS 21% OF THOSE DIGITAL ITEMS 1111111 LIBRARY DISTRICT 112,580 BY THE NUMBERS 536 outreach storytime programs 9,776 attended outreach storytime 527 adult facility visits 33,332 adult facility circulation Service Priorities Early Learning Business Education & Digital & Career Enrichment Interaction & Development Sharing SPOKANE COUNTY LIBRARY DISTRICT 6 Earl Learni.n 7 Business Career De ■ Partnered to hold 130 small business workshops that providd insights and information to 1,492 local entrepreneurs ■ 559 programs that focus on career growth ■ Provided unbiased financial advice for 6,876 attendees Ii Education & En For library customers ages 8-108 & up We planned and presented 3,201 programs atte Ld by 62,918 peop were • Information • Entertainin Customers accessed our digital resources an apps over Js to: Get help through onlinedtorin Take practice test: Learn new languages • And so much more... OeausecfWi Meoc! KaEi,li: PipDISTRICT SPOKANFC©UNY LIBRARY Cultural Passes 'The Spokane Symphony is excited tri continue to be a part of the library pass program b increase the culhnal offerings available to Spokane Cr city Litxary District =turners We hew it wil encourage femmes to come downtown and experience a Sunday matinee' SPOKANE SYMPHONY PASSES AT THE LIBRARY SPOKANE SYMPHONY LI BRARY /tillDISTRICT SPOKANE COUNTY Spokane Valley Library BY THE NUMBERS In 2018 Library visitors 272,068 Items checked out 588,803 Early Learning, including storytime • programs 510 • attendance 13,408 Small Business & Career Development • programs 22 • attendance 492 piiPC7KANE COUNTY LIBRARY or 1p IN DISTRICT 12 Partners in Action I;011 LIBRARY DISTRICT SPOKANE COUNTY Spokane Valley Library BY THE NUMBERS In 2018 Education & Enrichment, kids & teens • programs 154 • attendance 2,978 Education & Enrichment, adults • programs 74 • attendance 707 SPOKAiJF COUNTY LIBRARY Pwilipm DISTRICT 14 • naomi Partners in Action 1LI BRARY 1/111 DISTRICT SPOKANE COUNTY Looking Forward: Community Engagement Plan 2019-2021 Community Responsive Strategic Planning SFOKAKF COLAIY LIBRARY �' DISTRICT Process: • Community Conversations • Small groups and individual interviews • Asked: "What kind of community do you want to live in?" SPOKANE CC}LI lvTY LIBRARY P DISTRICT What we heard: • "The most resilient communities are the ones that work together." • "We should create a place we want to be in, and keep momentum going into the future:' SPOKANE CC}LI lvTY LIBRARY Pp DISTRICT 18 THE EI! L OF RIGHTS AND YOU NATIONAL ARCHIVES PX.DA IN NATiONALARCHIVES Engagement SCLD will help community members be knowledgeable and active citizens. SPOKANE COUNTY LI BRARY DISTRICT What we heard: • "Hunger is solvable. People living on the streets can be fixed. We have the resources to solve these problems, if we have the togetherness to do it." • "If we can help a generation properly, we'll see the difference in our lifetime." • "When parents don't have hope, goals, or a vision for their future, how will their kids?" SPOKANE CC}LI lvTY LIARY P� DISTBRRICT 20 Stability SCLD will invest in its community's long-term success. SPOKANE COUNTY LI BRARY DISTRICT 21 What we heard: • "The kids are what make the community. They are what make the world better." • "I want a community with things to do for me and my kids." • Parks! P 1 SPOKANE DIBRSTCC}LI lvTY LIARY RICT Connectedness SCLD will cultivate opportunities to meet and learn. 23 Strategic Directions • Engagement SCLD will help community members be knowledgeable and active citizens • Stability SCLD will invest in its community's long-term success • Connectedness SCLD will cultivate opportunities to meet and learn S R I K A N E COUNTY L I B .A R -i I S P R I C T ENGAGE J1.4-5LR2111 IcA h +r�'r,pr. CR /E TOGETIHER. 86 A Universe of Stories 111 W CduNTv LIBRARY DISTRICT PROGRAMS & EVENTS GUIDE ALL AGLs meme.s{Itl.ong 24 LEARN MORE www.scld.org SPdKANE COUNTY LIBRARY Pp DISTRICT CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 28, 2019 Department Director Approval: Check all that apply: ['consent ❑ old business ['new business ['public hearing ['information ® admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Annexation Considerations GOVERNING LEGISLATION: Chapter 35A.14 RCW PREVIOUS COUNCIL ACTION TAKEN: Administrative report on annexation process on July 12, 2016; Administrative report on annexation process on January 16, 2018. BACKGROUND: City Council has requested information and materials regarding annexation. This administrative report will discuss the process and considerations when undertaking annexations, as well as changes that in process with respect to the City's Comprehensive Plan and development regulations. A detailed presentation on the legal authority and process for annexation was provided on January 16, 2018, and is available from the City Clerk and on Laserfiche for Council review. Details on the annexation process are provided in the attached PowerPoint presentation. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: N/A at this time. However, annexations generally have substantial financial and budgetary impacts on cities. Specific impacts will be identified at the time of a specific annexation. STAFF CONTACT: Mike Basinger, Economic Development Manager; Erik Lamb, Deputy City Attorney ATTACHMENTS: PowerPoint presentation Annexation Considerations Erik Lamb, Deputy City Attorney Mike Basinger, Economic Development Manager City of Spokane Valley - Office of the City Attorney i Overview • Why annex � Authority to annex � Factors to consider � Next steps City of Spokane Valley - Office of the City Attorney 2 -Au Annexation may only occur within the adopted Urban Growth Area. „did inproworam. aims ,,,iiimunamizume rAirinviroirei l - t_ ..O m iAm�r�ame ��Esmrs r --- Ju iii+ -f1■ W==aI`ni:.l hap. ra-li City of Spokane Valley - Office of the City Attorney 4 Authority - Methods Several options, but two primary: Election Voter initiated and City Council initiated Direct Petition City of Spokane Valley - Office of the City Attorney 5 cion - cffytouncfttniriathd City Council may, by resolution, call for an election to submit the annexation proposal to the voters. Annexation election - must be approved by majority of voters within area proposed to be annexed. If the election also included assumption of indebtedness, must be approved by 60% of voters within the area. � Once approved by voters, must adopt an ordinance approving the annexation. City of Spokane Valley - Office of the City Attorney Commences with notice of intent petition from owners of property within proposed annexation area io% of assessed value of land City Council hearing on whether to accept annexation. Consider whether to accept, reject, or geographically modify the proposal; Consider whether to require simultaneous adoption of proposed zoning; Consider whether to require the assumption of all or any portion of City indebtedness by area annexed. Acceptance means City Council will allow proposal to proceed, but does not commit City to approving the annexation. City of Spokane Valley - Office of the City Attorney 3ire-et P If accepted by the City Council, a petition would be drafted and circulated and shall be signed by: (i) property owners of not less than 60% of the assessed value of the property for which annexation is petitioned; or (2) property owners representing a majority of the area proposed for annexation and a majority of the registered voters in the area. Upon receipt of sufficient petition, City Council adopts ordinance approving annexation. City of Spokane Valley - Office of the City Attorney Factors to consider Financial impacts • Logical growth area . Land use and zoning Interested residents Special purpose districts Annexation vs. Ownership City of Spokane Valley - Office of the City Attorney 9 quencesoFAn=nexation Financial Impacts to City Costs of Annexation Short Term (immediate need for services) Long Term (Capital improvement obligations) Example - Different County road standards that may require resources to maintain or to bring to City standards. City would not want to assume that cost. Costs of Not Annexing City residents could be subsidizing non city residents' services City services are heavily used by non city residents which result in no cost recovery i.e. parks, street maintenance City of Spokane Valley - Office of the City Attorney g Statutes authorizing "pre -planning" in conjunction with Comprehensive Plan. If no "pre -planning" - SVMC 19.180.010 In the absence of a pre -established zoning designation therefor, the Council shall, within the annexation ordinance, establish an interim classification for the property on the City's zoning map. The interim zone shall be consistent with the annexation area's Comprehensive Plan designation. The process for establishing an interim zoning district shall meet the requirements of RCW 36.70.795. Requires subsequent review and establishment of permanent Comprehensive Plan designation and zoning district. City of Spokane Valley - Office of the City Attorney Special Purpose Districts Pre Dlstrkt 9 r Spokane Vall€y Fire Fire District 8 City of Spokane Valley - Office of the City Attorney kkimapai B ndatita =Spokane Valley Fire District 5 eay of Spaksm, Ft* OXO e :y we District G i Spokane Valley Fur A BS 12 Annexation applies City codes to property and residents become citizens of Spokane Valley. Apply City taxes, provide City services, including public safety, street maintenance, and permitting. However, City ownership of property does not require annexation. City may own property outside of its boundaries. Depending on Council desire, may be appropriate to acquire land prior to annexation. City of Spokane Valley - Office of the City Attorney ext steps New criteria for processing Identify land use designations Analyze fiscal impacts City should not be responsible for improvements to bring infrastructure up to City standards City of Spokane Valley - Office of the City Attorney 14 Questions City of Spokane Valley - Office of the City Attorney 15 To: From: Re: DRAFT ADVANCE AGENDA as of May 23, 2019; 10:30 a.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 June 4, 2019, Study Session, 6:00 p.m. ACTION ITEMS: 1. Public Hearing: 2020-2025 Six -Year TIP — Adam Jackson 2. Resolution 19-008 Adopting 2020-2025 Six Year Tip — Adam Jackson (no public comment) 3. Second Reading Ordinance 19-006, 2nd amendment to 2019 Budget — Chelsie Taylor 4. First Reading Ordinance 19-007 Amending Addressing Standards — Karen Kendall 5. Motion Consideration: BUILD 2019 Grant Potential — Adam Jackson 6. Mayoral Appointment: Interim Planning Commissioner — Mayor Higgins NON -ACTION ITEMS: 7. Spokane Conservation District Program Update — Vicki Carter, Conservation District Director 8. Point in Time Count 2019 Presentation — Tija Danzig, Homeless & Rehousing Program Mgr. 9. Appleway Trail Project Evergreen to Sullivan Update — Rob Lochmiller, Gloria Mantz 10. Pines GSP Design Alternatives — Gloria Mantz, Erica Amsden 11. Advance Agenda — Mayor Higgins [due Tue May 281 (15 minutes (5 minutes) (10 minutes) (15 minutes) (10 minutes) (10 minutes) (20 minutes) (20 minutes) (10 minutes) (20 minutes) (5 minutes) [*estimated meeting: 140 mins] June 11, 2019, Special Meeting: 2020 Budget Workshop, 8:30 a.m. — 3:30 p.m., [due Tue June 41 June 11, 2019, 6 pm formal meeting cancelled June 18, 2019, Study Session, 6:00 p.m. [due Tue June 11 ACTION ITEMS: 1. Second Reading Ordinance 19-007 Amending Addressing Standards — Karen Kendall 2. Motion Consideration: Pines GSP Preferred Design Selection — Gloria Mantz, Erica Amsden NON -ACTION ITEMS 3. Visit Spokane Deliverables and Lodging Tax Award — Meg Winchester, Jamie Rand 4. End of Legislative Session Report — members of Gordon Thomas Honeywell 5. Advance Agenda — Mayor Higgins Opportunity for General Public Comments [*estimated meeting: AWC Annual Conference: June 25-28 Spokane Convention Center June 25, 2019, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Advance Agenda — Mayor Higgins 3. Info Only: Department Reports July 2, 2019, Study Session, 6:00 p.m. 1. New Employee Report — John Whitehead 2. Advance Agenda — Mayor Higgins July 9, 2019, Formal Meeting Format, 6:00 p.m. Proclamation: Parks and Recreation Month 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Higgins Draft Advance Agenda 5/23/2019 8:56:15 AM (15 minutes) (10 minutes) (20 minutes) (40 minutes) (5 minutes) 90 mins] [due Tue June 181 (5 minutes) (5 minutes) [*estimated meeting: mins] [due Tue June 251 (5 minutes) (5 minutes) [due Tue July 21 (5 minutes) (5 minutes) Page 1 of 2 July 16, 2019, Study Session, 6:00 p.m. 1. Council Goals/Priorities for use of Lodging Tax Advisory Committee (LTAC) Funds - 2. Advance Agenda — Mayor Higgins July 23, 2019, Formal Meeting Format, 6:00 p.m. Proclamation: Nick Mamer Days 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Higgins 3. Info Only: Department Reports July 30, 2019, Study Session, 6:00 p.m. ACTION ITEMS: 1. Motion: Council Goals/Priorities for Lodging Tax Advisory Committee (LTAC) funds-C.Taylor (10 min) NON -ACTION ITEMS: 2. Advance Agenda — Mayor Higgins [due Tue July 91 C.Taylor (15 min) (5 minutes) [due Tue July 161 (5 minutes) (5 minutes) [due Tue July 231 (5 minutes) August 6, 2019, Study Session, 6:00 p.m. — Meeting cancelled Councilmembers attend National Night Out August 13, 2019, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Advance Agenda — Mayor Higgins August 20, 2019, Study Session, 6:00 p.m. 1. 2020 Budget: Estimated Revenues & Expenditures — Chelsie Taylor 2. Council Draft 2020 Budget Goals — Chelsie Taylor 3. Advance Agenda — Mayor Higgins August 27, 2019, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Advance Agenda — Mayor Higgins 3. Info Only: Department Reports *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities Camping in RVs Crisis Co -response team funding Donation Recognition Graffiti Health District Re SV Stats Land Use Notice Requirements Mirabeau Park Forestry Mgmt. Naming City Facilities Protocol New Employee Qrt Rpt (Jan, April, July, Oct) Park Lighting Park Reg. Ord. amendments PFD Presentation Police Dept. Quarterly Rpt (Jan, April, July, Oct) Right -of -Way process Sign Ordinance Snow Removal: St. Sidewalks Safe Rt to School St. Illumination (ownership, cost, location) Draft Advance Agenda 5/23/2019 8:56:15 AM [due Tue Aug 61 (5 minutes) (5 minutes) [due Tue Aug 13] (10 minutes) (15 minutes) (5 minutes) [due Tue Aug 201 (5 minutes) (5 minutes) [*estimated meeting: mins] St. O&M Pavement Preservation Studded Snow Tires Utility Facilities in ROW Veterans Services Water Districts & Green Space Way Finding Signs Page 2 of 2 City of Spokane Valley Community & Public Works Department Monthly Report 01/01/2019 - 04/30/2019 Page Title 1 Cover Sheet 2 Pre -Application Meetings Requested 3 Online Applications Received 4 Construction Applications Received 5 Land Use Applications Received 6 Construction Permits Issued 7 Land Use Applications Approved 8 Development Inspections Performed 9 Code Enforcement 10 Revenue 11 Building Permit Valuations Printed 05/02/2019 15:01 Page 1 of 11 Community & Public Works Department Monthly Report 01/01/2019 - 04/30/2019 Pre -Application Meetings Requested A Pre -Application Meeting is a service provided to help our customers identify the code requirements related to their project proposal. Community & Public Works Department scheduled a total of 18 Pre -Application Meetings in April 2019. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Land Use Pre -Application Commercial Pre -App Meeting Commercial Pre -App Land Use Pre -Application Meeting Monthly Totals Annual Total To -Date: 60 Jan Feb Mar Apr May Jun Jul Aug Sep 9 9 9 14 4 4 7 4 13 13 Printed 05/02/2019 15:01 Page 2 of 11 0 0 0 0 0 0 0 0 0 Oct Nov Dec 0 0 0 0 0 0 Community & Public Works Department Monthly Report 01/01/2019 - 04/30/2019 Online Applications Received Community & Public Works Department received a total of 232 Online Applications in April 2019. 400 200 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Trade Permit Sign Permit ry Right of Way Permit Reroof Permit Pre -Application Meeting Request Demolition Permit Other Online Applications Approach Permit Approach Permit Demolition Permit Other Online Applications Pre -Application Meeting Request Reroof Permit Right of Way Permit Sign Permit Trade Permit Monthly Totals Annual Total To -Date: Printed 05/02/2019 15:01 770 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 0 0 1 1 0 0 0 0 0 0 0 0 0 2 2 4 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 26 7 21 34 0 0 0 0 0 0 0 0 75 33 46 64 0 0 0 0 0 0 0 0 3 1 2 2 0 0 0 0 0 0 0 0 107 110 101 127 0 0 0 0 0 0 0 0 212 153 173 232 0 0 0 0 0 0 0 0 Page 3 of 11 Community & Public Works Department Monthly Report 01/01/2019 - 04/30/2019 Construction Applications Received Community & Public Works Department received a total of 467 Construction Applications in April 2019. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial - New Commercial - TI Residential - New - Other Construction Permits Commercial - New Commercial - TI Residential - New Commercial - Trade Residential - Trade Residential - Accessory Demolition Sign Other Construction Permits Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 28 23 8 6 0 0 21 16 7 15 0 0 0 5 10 21 13 0 0 0 0 14 6 10 12 0 0 0 0 41 22 35 47 0 0 0 0 0 0 4 5 10 14 0 0 0 0 0 0 0 0 0 *9 *6 *8 0 0 0 0 0 0 0 0 *13 *4 *9 *12 0 0 0 0 0 0 0 0 *271 *214 *227 *336 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Monthly Totals 397 309 333 463 0 0 0 0 0 0 0 0 Annual Total To -Date: Printed 05/02/2019 15:01 1,502 Page 4 of 11 *Includes Online Applications. 85 125 1461 Community & Public Works Department Monthly Report 01/01/2019 - 04/30/2019 Land Use Applications Received Community & Public Works Department received a total of 140 Land Use Applications in April 2019. i' 150 100 50 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Boundary Line Adjustment Short Plat Preliminary Long Plat Preliminary Binding Site Plan Preliminary Final Platting Zoning Map/Comp Plan Amendment State Environmental Policy Act (SEPA) Administrative Exception/Interpretation Other Land Use Permits Boundary Line Adjustment Short Plat Preliminary Long Plat Preliminary Binding Site Plan Preliminary Final Platting Zoning Map/Comp Plan Amendment State Environmental Policy Act (SEPA) Administrative Exception/Interpretation Other Land Use Permits M Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 5 2 3 3 0 0 0 0 0 0 0 0 4 3 5 4 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 2 8 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2 2 6 0 0 0 0 0 0 0 0 0 0 3 1 0 0 0 0 0 0 0 0 72 115 125 119 0 0 0 0 0 0 0 0 onthly Totals Annual Total To -Date: Printed 05/02/2019 15:01 496 Page 5 of 11 Community & Public Works Department Monthly Report 01/01/2019 - 04/30/2019 Construction Permits Issued Community & Public Works Department issued a total of 480 Construction Permits in April 2019. 600 400 200 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial - New Commercial - TI Residential - New - Other Construction Permits ommercial - New ommercial - TI esidential - New ommercial - Trade esidential - Trade esidential - Accessory emolition ign ther Construction Permits Annual Total To -Date: Printed 05/02/2019 15:02 1,387 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1 6 16 7 0 0 0 12 14 15 10 0 0 0 8 4 10 20 0 0 0 0 0 0 0 0 18 5 11 15 0 0 0 0 40 29 26 53 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 4 6 17 0 0 0 0 0 0 0 0 0 5 6 8 0 0 0 0 0 0 0 0 7 8 6 14 0 0 0 0 0 0 0 0 247 194 209 331 0 0 0 0 0 0 0 0 Page 6 of 11 Community & Public Works Department Monthly Report 01/01/2019 - 04/30/2019 Land Use Applications Approved Community & Public Works Department approved a total of 46 Land Use Applications in April 2019. 60 40 20 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Boundary Line Adjustment Short Plat Preliminary q Long Plat Preliminary Binding Site Plan Preliminary Final Platting Zoning Map/Comp Plan Amendment State Environmental Policy Act (SEPA) Administrative Exception/Interpretation Other Land Use Permits Boundary Line Adjustment Short Plat Preliminary Long Plat Preliminary Binding Site Plan Preliminary Final Platting Zoning Map/Comp Plan Amendment State Environmental Policy Act (SEPA) Administrative Exception/Interpretation Other Land Use Permits Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 0 0 0 1 0 0 0 0 0 0 0 0 1 1 1 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 39 40 43 44 0 0 0 0 0 0 0 0 Monthly Totals 42 41 Annual Total To -Date: Printed 05/02/2019 15:02 174 Page 7 of 11 Community & Public Works Department Monthly Report 01/01/2019 - 04/30/2019 Development Inspections Performed Community & Public Works Department performed a total of 1274 Development Inspections in April 2019. Development Inspections include building, planning, engineering and ROW inspections. 2,500 2,000 1,500 1,000 500 0 2019 2018 2017 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2017 2018 Jan Feb Mar Apr May Jun 2019 Jul Aug Sep Oct Nov Dec Totals 1,134 799 1,115 1,216 0 0 0 0 0 0 0 0 1,053 1,023 1,561 1,484 1,776 2,005 1,606 1,676 1,465 1,556 1,247 982 967 777 1,356 1,351 1,726 1,680 1,374 1,760 1,461 1,630 1,381 1,114 Printed 05/02/2019 15:02 Page 8 of 11 Community & Public Works Department Monthly Report 01/01/2019 - 04/30/2019 Code Enforcement Code Enforcement Officers responded to 67 citizen requests in the month of April. They are listed by type below. Please remember that all complaints, even those that have no violation, must be investigated. 80 40 20 0 „1„1111, Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CE -Stop Work Order Environmental General Nuisance - Property Complaint, Non -Violation CE -Stop Work Order Complaint, Non -Violation Environmental General Nuisance Property M Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0 1 4 0 0 0 0 0 0 0 0 30 11 31 41 0 0 0 0 0 0 0 0 20 13 18 22 0 0 0 0 0 0 0 0 onthly Totals 55 24 50 67 0 0 0 0 0 0 0 0 Annual Total To -Date: Printed 05/02/2019 15:02 196 Page 9 of 11 Revenue 2019 Trend 2018 2017 2016 2015 2014 Community & Public Works Department Monthly Report 01/01/2019 - 04/30/2019 Community & Public Works Department Revenue totaled $210,262 in April 2019. 400,000 300,000 200,000 100,000 Jan 0 Feb Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mar Apr $162,701 $231,361 $308,846 $210,262 $148,196 $129,428 $224,427 $201,128 $266,240 $190,344 $165,307 $214,059 $183,920 $202,755 $157,915 $135,238 $193,214 $127,869 $224,540 $223,783 $235,713 $163,706 $261,083 $364,042 $254,117 $272,071 $204,526 $169,814 $185,045 $153,153 $153,939 $237,444 $318,163 $274,897 $156,278 $144,167 $159,789 $202,869 $250,078 $173,009 $2,408,831 2019 2018 Five -Year Trend May Jun Jul Aug Sep $0 $0 $0 $0 $0 Oct 1 Nov Dec Totals $0 $0 $0 r $913,170 $2,218,958 $2,694,478 $213,319 $191,658 $383,912 $196,705 $371,319 $243,029 $128,848 $271,684 $252,268 $207,849 $150,902 $133,482 $2,744,975 $74,775 $108,328 $161,174 $187,199 $123,918 $117,453 $162,551 $162,864 $99,587 $181,791 $99,627 $102,195 1,581,462 $74,628 $66,134 $198,571 $160,508 $282,086 $152,637 $117,776 $127,540 $153,838 $149,197 $84,442 $97,689 "1,665,046 Printed 05/02/2019 15:03 Page 10 of 11 Building Permit Valuation r 2019 Trend 2018 2017 2016 2015 2014 Community & Public Works Department Monthly Report 01/01/2019 - 04/30/2019 Community & Public Works Department Building Permit Valuation totaled $12,922,582 in April 2019. 40, 000, 000 30, 000, 000 20, 000, 000 10, 000, 000 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec --•- 2019 2018 -• Five -Year Trend Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals $5.66M $22.21M $19.46M $12.43M $0.00M $0.00M $0.00M $0.00M $0.00M $0.00M $0.00M $0.00M $59.76M $10.15M $13.28M $21.64M $15.34M $24.66M $19.20M $11.50M $18.72M $16.08M $12.64M $21.96M $8.08M $12.84M $6.72M $27.60M $7.87M $9.55M $26.26M $29.25M $25.44M $20.69M $21.88M $25.46M $6.70M $23.82M $18.37M $6.98M $31.20M $35.66M $35.64M $9.78M $9.05M $8.88M $10.05M $67.10M $16.78M $7.97M $28.14M $55.63M $10.10M $36.76M $19.11M $7.07M $41.60M $33.68M $9.13M $7.76M $5.52M $2.93M $10.71M $8.07M $18.60M $6.73M $7.53M $5.05M $8.06M $5.15M $14.42M $5.86M $5.08M bit8.19M $3.18M $2.45M $9.90M $8.92M $34.58M $7.44M $6.37M $9.47M $12.01M $7.74M $3.60M $6.30M Printed 05/02/2019 15:03 Page 11 of 11 36 Community & Public Works Department Monthly Report 04/01/19 — 04/30/19 MAINTENANCE Agreements for Services Adopted and In Operation * Budget estimates ** Does not include April Contract Name Contractor Contract Amount Total % of Contract Expended Expended Street Maintenance Street Sweeping Storm Drain Cleaning Snow- On Call Operators Landscaping Weed Spraying Emergency Traffic Control Litter and Weed Control State Highway Maintenance Traffic Signals, Signs, Striping Dead Animal Control Poe Asphalt AAA Sweepin AAA Sweeping ., Multiple Senske TBD Senske Geiger Work Crew WSDOT Spokane County Mike Pederson $1,561,663.00 $490,200.00 $202,587.50 $765,000.00 $134,877.83 $0.00 $10,000.00 $70,000.00 $265,000.00 $670,000.00 $20,000.00 $4,237.68 $48,889.65 $0.00 $237,653.33 $8,420.82 $0.00 $3,168.75 $16,718.70 $65,583.72 $105,179.35 $3,425.00 0.27% 9.97 0.00% 31.07% 6.24% 0.00% 31.69% 23.88% 24.75% 15.70% 17.13% IMEIMMEEE Citizen Requests for Public Works - April 2019 Request Submitted In Progress Resolved / Waiting CPW Projects Dead Animal Removal General Street Maint Graffiti on City Property Gravel Shouldering Hazard on Street Illegal Dumping Vegetation / Weeds eport a Pothole et Swee • in MID WASTE MINIWATER 2 4 13 1 4 6 6 7 18 8 3 16 'ATTIC 25 1 0 0 3 0 0 0 0 0 0 0 0 6 1 1 0 r 2 4 10 1 4 6 6 7 18 8 3 10 35 24 1 STREET MAINTENANCE ACTIVITY The following is a summary of Contractor maintenance activities in the City of Spokane Valley for April 2019: • Pothole patching. • Poe Asphalt — Gravel shoulder maintenance and gravel road grading. Cracksealing began on arterials. Completed asphalt inlays on 16th Avenue west of Pines and residential overlays on Pierce Road between 32nd and 29tH • AAA Sweeping — Arterial sweeping, sidewalk and concrete median cleaning and began residential sweeping. • AAA Sweeping Vactor Contract — Cleaning arterial catchbasins and drywells, sidewalk underdrains and swale inlets • Geiger Work Crew — Litter Pickup, tree trimming and cutting dryland grass along city right of ways and swale properties. • Com pleted the construction of the Browns Park Volleyball courts. WASTEWATER Status of the process can be monitored at: http://www.spokaneriver.net/, http://www.ecy.wa.gov/geographic/spokane/spokane river basin.htm, http://www.spokanecounty.org/utilities/WaterReclamation/content.aspx?c=2224 and http://www.spokaneriverpartners.com/ STORMWATER UTILITY The following is a summary of City Stormwater Utility activities for April 2019: • Received Council approval to execute agreement with the Dept. of Ecology for Drywell Retrofit with Preservation Projects. • Continue initial meetings, correspondence and planning with Department of Ecology, and Washington State Dept. of Transportation concerning remaining stormwater grant projects. • Continue updating MS4 mapping to separate NPDES and UIC regulated facilities. • Begin annual Public Education and outreach effort with training of 5th graders at Liberty Lake County Park in participation with Spokane County and Central Valley School District. • Continue internal review of NPDES Permit implementation plan. • Continued annual management and/or participation of the following service contracts: o Senske — swale maintenance o AAA Sweeping — Spring Sweep o AAA Sweeping — Storm Drain Cleaning • Continue development of 2019 Small Works contract — Pervious Gravel Shoulders. • Continued working on the following tasks: o Responded to stormwater related issues, 16 sites. o Stormwater action requests for small works and maintenance projects 2019. 2 Current status to date is shown below: Stormwater Project Requests (Incl. Public and In -Staff Requests) April - 19 Total Requests Logged Since 2009: 451 2019 Completed Projects: Completed Projects 2009-2019: Locations not warranting work: 2 205 131 Total Project Backlog: 102 Remaining Projects Assigned for 2018-2020 Small Works: Maintenance: Large Capital: 58 32 11 Unfunded Projects Large Capital: 6 DEVELOPMENT ENGINEERING The following is a summary of Development Engineering activities for April 2019: • Assisted Building and Planning Division with preparation of design requirements for (14) Commercial and (4) Land Use Pre -Application meetings. • Prepared multiple Recommended Conditions of Approvals for preliminary plats and Dedication Languages for final plats. Reviewed multiple final plats and submittal packages to record final plats. • Reviewed civil plans and drainage reports for Engineered Grading Permits associated with commercial and land use projects. Coordinated with private Engineers and Developers. • Reviewed civil plans for the following projects: o Circle M Landscape Yard & Office o Romen Storage o North Pines Professional Building o Levin Auto Body o Country Crossing South — 25 lots o Hanson Center East Pond Reduction o Chas Health Parking Lot o Centennial Project — Building 'A' o TAPA Business Park— Lot 10 o 12th & Best Subdivision — 43 lots o TAPA Business Park — Lot 2 o 3rd Avenue Boarding House o Vistas at Belleaire — Phase 1— 69 lots • Met with citizens and developers in Permit Center to answer inquiries and discuss design requirements for potential commercial and land use projects. • Conducted preconstruction meetings, performed site visits, prepared punch lists, reviewed surety estimates, and reviewed and approved construction certification packages to finalize final plats and to issue commercial building certificates of occupancy. 3 CAPITAL PROJECTS Sfrikane Valley Public Works Projects Monthly Summary - Design & Construction April -2019 Project # Design &Construction Projects Funding Proposed Ad Date Bid Ad Date % Complete Estimated Construction Completion Total Project Cost PE I CN Street Projects 0143 Barker Rd/BNSF Grade Separation (PE & ROW) 0249 Sullivan &Wellesley Intersection Improv (PE & 0265 Wellesley Sidewalk Project 0267 Mission SW - Bowdish to Union 0276 Barker Rd Widening -Euclid to Trent 0278 Wilbur Sidewalk- Boone to Broadway 0279 Knox Ave Sidewalk: Hutchinson to Sargent 0295 Garland Avenue Extension Street Preservation Projects 0252 Argonne Resurfacing: Broadway to Mission 0269 Evergreen - Mission Connector to Indiana 0284 Argonne Rd. Pres - Valleyway to Broadway 0285 Indiana Ave Pres - Evergreen to Sullivan 0287 University Pres-Dishman-Mica to 16th 0290 2019 Local Access Streets (Midilome) Traffic Projects 0293 2018 CSS Citywide Reflective Signal BP 0294 Citywide Reflective Post Panels Parks Projects 0268 Appleway Trail -Evergreen to Sullivan FHWA - STP(U) ROW) FHWA-STP(U) FHWA - CMAQ TIB - SP COSY CDBG CDBG COSY FHWA - STP(U) FHWA-STP(U) COSY COSY TIB - UAP COSY HSIP HSIP TBD TBD 05/24/19 03/01/19 03/22/19 03/15/19 03/22/19 04/05/19 TBD TBD 06/14/19 03/22/19 04/12/19 03/29/19 04/05/19 04/19/19 10/05/18 10/26/18 04/05/19 04/26/19 03/01/19 03/15/19 TBD TBD 03/01/19 03/22/19 03/29/19 4/12/2019 N/A N/A FHWA-STP(U) TBD N/A N/A 55 55 100 100 100 100 100 100 100 100 100 40 100 100 0 0 0 0 0 65 65 0 80 0 80 0 0 0 12/31/22 12/31/20 12/31/19 12/31/19 12/31/19 06/30/19 06/30/19 12/31/19 07/01/19 12/31/19 06/30/19 12/31/20 12/31/19 12/31/19 $ 2,827,702 $ 1,370,000 $ 702,000 $ 2,196,922 $ 2,625,000 $ 476,997 $ 339,245 $ 2,900,000 $ 843,151 $ 660,000 $ 288,000 $ 70,400 $ 4,095,000 $ 1,500,000 10 0 12/31/20 $ 180,000 0 0 12/31/20 $ 78,000 TBD 80 0 12/31/20 $ 2,395,000 Project # Design Only Projects Funding Design Complete Date % Complete Total Project Cost PE Street Projects 0205 Sprague/Barker Intersection Improvement 0223 Pines Rd Underpass @ BNSF &Trent 0259 North Sullivan ITS Project 0273 Barker/I-90 Interchange 0275 Barker Rd Widening - River to Euclid 0291 Adams Sidewalk Infill Project Street Preservation Projects 0286 Broadway Preservation: Havana to Fancher 0292 Mullan Preservation: Broadway -Mission Stormwater Projects 0198 Sprague, Park to University LID COSV COSV FHWA - CMAQ COSV TIB - SP COSV COSV 12/31/20 TBD 02/01/18 TBD 12/31/20 TBD TBD TBD 5 25 99 20 30 0 64 0 Dept of Ecology 03/01/20 30 4 $ 51,619 $ 1,710,000 $ 914,209 $ 900,000 $ 220,000 $ 507,051 $ 100,000 $ 75,000 $ 20,000 TRAFFIC Pines Road (SR 27) /BNSF Grade Separation Project Traffic staff worked with CIP to complete and finalize the WSDOT "Interim Basis of Design" (BOD) for the future grade separation project. The report summarizes related planning documents and technical reports to identify project needs, context, and design controls. From that information we worked with the City's design consultants and WSDOT to develop alternatives and conducted further evaluation to recommend a preferred alternative. Now that this is completed and approved by WSDOT, staff will take the recommendations to City Council for approval to begin Preliminary Engineering. Sullivan Advance Corridor Study Update Traffic staff worked with CIP and their consultant to update the HDR "Sullivan Road Corridor Study" that was completed in 2014. As Bigelow Gulch Road is completed in the County, Forker Road will enter the City at the north end of Sullivan Road at Wellesley Avenue. Travel patterns will change and significant traffic will be added to City streets. This update of the corridor study is scoped to identify future traffic impacts and mitigation projects to accommodate this growth. The report is in the preliminary phases and is expected to be completed before year's end. Garland Avenue, Flora to Barker Roads CIP is working with Simpson Engineers to design Garland Road and to have it ready to construct this construction season. Traffic has assisted with plan review and to be of assistance in expediting this important City project. PLANNING AND GRANTS Better Utilizing Investments to Leverage Development (BUILD) Program FY19 On April 17, the BUILD program announced its 2019 call -for -projects. The City's Pines Road/BNSF Grade Separation Project will be discussed during May/June City Council meetings as an eligible project for submittal to the program. The City is eligible for up to a $25 million award. Applications are due July 15, 2019. Transportation Improvement Board (TIB) Call for Projects In June, 2019, it is anticipated that TIB will announce its annual call for projects. Projects are due in August, 2019. The City typically applies for funding from the Urban Arterial Program and the Sidewalk Program. Staff will bring forward potential projects for the TIB program in June or July. Community Development Block Grants (CDBG) CDBG issued a request for proposals for the 2019 program year. In January, CDBG's Housing and Community Development Advisory Committee (HCDAC) recommended funding approximately $358,000 for the Ella Road sidewalk project and the City's second priority sidewalk project, 5 Conklin Road between Riceland Lane and the Appleway Trail, in the amount nearly $76,000. HCDAC's recommendation goes to the Board of County Commissioners for approval in March. Federal Highway Bridge Program On April 10, 2019, staff applied to this federal call for projects for preventative maintenance repairs to the northbound Sullivan Road bridge over UPRR lines. The total estimated project cost is $337,625. Awards are anticipated in October 2019. Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program The program is for highway -rail grade crossing improvement projects and the City is eligible for funding for the preliminary engineering (PE) phase of the project. In June and July, 2018, the City submitted funding applications to the Federal Rail Administration's (FRA) CRISI Program for fiscal years (FY) 17 and 18, respectively. The City submitted a total PE phase request of $1,246,500 with a City -match of $1,246,500 (50% match), for a total PE phase cost of $2,493,000. CRISI FY17 awards were announced; however, the City was not successful in its application. CRISI FY18 awards are expected in summer 2019. 2020-2025 Six -Year Transportation Improvement Program (TIP) Staff has begun its annual update to the rolling 6 -year TIP. The City is required by RCW 35.77.010 to prepare and, after holding a public hearing, adopt a comprehensive transportation program for the ensuing six calendar years. This plan must be submitted to the Washington State Department of Transportation by June 30th of each year. Staff will bring the TIP forward for City Council review in May and June. The scheduled adoption date of the TIP is June 4, 2019. Pavement Management Update Public Outreach & Education Staff has been formulating a plan for public outreach over the summer/fall of 2019 in an attempt to gather public input on what the City's long-term pavement condition should be and what are acceptable funding mechanisms to support such a plan. Outreach will involve public meetings, social media, videos/commercials, and potential interaction with stakeholder groups. More information will be provided as the public outreach program is developed. 6 Spokane 4.0 Valley Memorandum FINANCE DEPARTMENT Chelsie Taylor, Finance Director 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org To: Mark Calhoun, City Manager From: Chelsie Taylor, Finance Director Date: May 19, 2019 Re: Finance Department Activity Report — April 2019 Following is information pertaining to Finance Department activities through the end of April 2019 and included herein is an updated 2019 Budget to Actual Comparison of Revenues and Expenditures through the end April. 2018 Year-end Process The 2018 books were closed during April. We have begun preparation of the annual financial report and will have it completed by the end of May. We hope to have the State Auditor's Office on site by early June to begin the audit of 2018. 2019 Budget Amendment #2 As we have progressed through 2019 the need for a number of budget amendments has arisen. Council review will take place at the following meetings: • May 14 Admin Report • May 28 Public Hearing • May 28 First reading on proposed ordinance amending the 2019 Budget • June 4 Second reading on proposed ordinance amending the 2019 Budget 2020 Budget Development The 2020 Budget development process began in the Finance Department in early March, and on April 81h we sent detailed budget requests to all departments to complete by mid-May. By the time the budget is scheduled to be adopted on November 121h, the Council will have had an opportunity to discuss the budget on seven occasions including three public hearings. • June 11 Council budget workshop • August 20 Admin report on 2020 revenues and expenditures • September 10 Public hearing #1 on the 2020 revenues and expenditures • September 24 City Manager's presentation of preliminary 2020 Budget • October 8 Public hearing #2 on 2020 Budget • October 22 First reading on proposed ordinance adopting the 2020 Budget • November 12 Public hearing #3 on the 2020 Budget • November 12 Second reading on proposed ordinance adopting the 2020 Budget P:IFinancelFinance Activity Reports\Council Monthly Reports1201912019 04 30.docx Page 1 Budget to Actual Comparison Report A report reflecting 2019 Budget to Actual Revenues and Expenditures for those funds for which a 2019 Budget was adopted is located on pages 5 through 17. Because we attempt to provide this information in a timely manner, this report is prepared from records that are not formally closed by the Finance Department at month end or reconciled to bank records. Although it is realistic to expect the figures will change over subsequent weeks, I believe the report is materially accurate. We've included the following information in the report: • Revenues by source for all funds, and expenditures by department in the General Fund and by type in all other funds. • A breakdown between recurring and nonrecurring revenues and expenditures in the General Fund, Street O&M Fund and Stormwater Fund. • The change in fund balance including beginning and ending figures. The beginning fund balance figures are those that are expected to be reflected in our 2018 Annual Financial Report. • Columns of information include: o The 2019 Budget as adopted o April 2019 activity o Cumulative 2019 activity through April 2019 o Budget remaining in terms of dollars o The percent of budgeted revenue collected or budgeted expenditures disbursed A few points related to the General Fund #001 (page 5): Recurring revenues collections are currently at 20.63% of the amount budgeted with 33.33% of the year elapsed. • Property tax are paid to Spokane County in two installments each year on April 30 and October 31 and are then remitted to the City primarily in May and November with lesser amounts typically remitted in June and December. In January we received one final payment related to 2018 so the amounts related to 2019 start in the month of February. Property taxes received thus far in 2019 are $716,749 or 5.95% of the amount budgeted. • Sales tax collections represent only 3 -months of collections thus far because taxes collected in April are not remitted to the City by the State until the latter part of May. Collections are currently at $5,438,840 or 23.73% of the amount budgeted. • Gambling taxes are at $13,203 or 3.41% of the amount budgeted. Gambling taxes are paid quarterly with first quarter payments due by April 30. • Franchise Fee and Business Registration revenues are typically received in the month following a calendar year quarter. So far in 2019 we have received $310,880 or 25.40% of the amount budgeted. • State shared revenues are composed of State of Washington distributions that include items such as liquor board profits, liquor excise tax, streamlined sales tax mitigation and criminal justice monies. Most of these revenues are paid by the State in the month following a calendar quarter. Through April we've received remittances totaling $561,916 or 29.42% of the amount budgeted. • Fines and forfeitures revenues are composed of monthly remittances from Spokane County with payments made in the month following the actual assessment of a fine and false alarm fees. Through April we've received remittances through the month of March with receipts of $250,502 or 23.23% of the amount budgeted. P:IFinancelFinance Activity Reports\Council Monthly Reports1201912019 04 30.docx Page 2 • Community and Public Works service revenues are largely composed of building permit and plan review fees as well as right of way permits. Revenues are currently at $804,885 or 42.76% of the amount budgeted. • Recreation program revenues are composed of revenues generated by the variety of parks and recreation programs including classes, swimming pools (in -season), and CenterPlace. Currently, revenues total $313,455 or 49.85% of the amount budgeted. Recurring expenditures are currently at $30,791,832 or 26.55% of the amount budgeted with 33.33% of the year elapsed. Investments (page 18) Investments at April 30 total $69,049,496 and are composed of $63,968,140 in the Washington State Local Government Investment Pool and $5,081,356 in bank CDs. Total Sales Tax Receipts (page 19) Total sales tax receipts reflect State remittances through April and total $6,151,039 including general, criminal justice, and public safety taxes. This figure is $295,257 or 5.04% greater than the same three-month period in 2018. Economic Indicators (pages 20 — 22) The following economic indicators provide information pertaining to three different sources of tax revenue that provide a good gauge of the health and direction of the overall economy. 1. Sales taxes (page 20) provide a sense of how much individuals and businesses are spending on the purchase of goods. 2. Hotel / Motel taxes (page 21) provide us with a sense of overnight stays and visits to our area by tourists or business travelers. 3. Real Estate Excise taxes (page 22) provide us with a sense of real estate sales. Page 20 provides a 10 -year history of general sales tax receipts (not including public safety or criminal justice) with monthly detail beginning January 2010. • Compared with calendar year 2018, 2019 collections have increased by $259,894 or 5.02%. • Tax receipts reached an all-time high in 2018 at $22,642,856, besting the previous record year of 2017 when $21,089,134 was collected. Page 21 provides a 10 -year history of hotel/motel tax receipts with monthly detail beginning January 2010. • Compared with calendar year 2018, 2019 collections have increased by $15,226 or 17.01%. • Collections reached an all-time high in 2018 of $646,976, exceeding the previous high set in 2017 of $615,980. Page 22 provides a 10 -year history of real estate excise tax receipts with monthly detail beginning January 2010. • Compared with calendar year 2018, 2019 collections have decreased by $182,960 or 26.25%. • Collections reached an all-time high in 2018 of $3,800,432, exceeding the previous high set in 2017 of $3,007,573. P:IFinancelFinance Activity Reports\Council Monthly Reports1201912019 04 30.docx Page 3 Debt Capacity and Bonds Outstanding (page 23) This page provides information on the City's debt capacity, or the dollar amount of General Obligation (G.O.) Bonds the City may issue, as well as an amortization schedule of the bonds the City currently has outstanding. • The maximum amount of G.O. bonds the City may issue is determined by the assessed value for property taxes which for 2019 is $9,351,389,045. Following the December 1, 2018 debt service payments, the City has $12,270,000 of nonvoted G.O. bonds outstanding which represents 8.75% of our nonvoted bond capacity, and 1.75% of our total debt capacity for all types of bonds. Of this amount: o $4,645,000 remains on bonds issued for the construction of CenterPlace. These bonds are repaid with a portion of the 1/10 of 1% sales tax that is collected by the Spokane Public Facilities District. o $730,000 remains on bonds issued for road and street improvements around CenterPlace. The bonds are repaid with a portion of the real estate excise tax collected by the City. o $6,895,000 remains on bonds issued for construction of the new City Hall. The bonds are to be repaid with General Fund revenues. Street Fund Revenue Sources (pages 24 and 25) The last two charts reflect a history for the two primary sources of revenue in Street Fund #101. These include: • Page 24 provides a 10 -year history of Motor Vehicle Fuel Tax collections with monthly detail beginning January 2010. o Compared with calendar year 2018, 2019 collections have decreased by $16,759 or 3.51%. o Tax receipts peaked in 2007 at just approximately $2.1 million, and subsequently decreased to a range of approximately $1,857,000 to $2,072,000 in the years 2011 through 2018. • Page 25 provides a 10 -year history of Telephone Utility Tax collections with monthly detail beginning January 2010. o Compared with 2018, 2019 collections have decreased by $48,354 or 10.68%. Unlike tax revenues collected by the State and remitted monthly, these taxes are paid to the City directly by the service provider. Consequently there is not a "clean cutoff' in terms of when a vendor pays the tax. o Tax receipts peaked in 2009 at $3,054,473 and have decreased each year since due to what we suspect is the reduction in land lines by individual households. o The 2019 Budget is set at $1,700,000. We will watch actual receipts closely as the year progresses. o The City has hired a consultant to perform an audit of providers who pay the telephone utility tax. The audit will assess whether providers are accurately remitting all taxes owed to the City, and the consultant will be paid on a contingent basis out of revenues recovered from the telephone providers. Three audits have been completed, and the City has received payments totaling $398,865 which is comprised of recovered revenue plus interest and penalty fees. Per the contract with the consultant, the City paid $99,716 or 25% of the amount recovered. P:IFinancelFinance Activity Reports\Council Monthly Reports1201912019 04 30.docx Page 4 P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\ 2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 #001 - GENERAL FUND RECURRING ACTIVITY Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget Revenues Property Tax 12,054,400 662,010 716,749 (11,337,651) 5.95% Sales Tax 22,917,000 1,549,275 5,438,840 (17,478,160) 23.73% Sales Tax - Public Safety 1,081,900 75,142 257,972 (823,928) 23.84% Sales Tax - Criminal Justice 1,944,000 134,133 454,227 (1,489,773) 23.37% Gambling Tax and Leasehold Excise Tax 387,000 7,265 13,203 (373,797) 3.41% Franchise Fees/Business Registration 1,224,000 280,390 310,880 (913,120) 25.40% State Shared Revenues 1,909,800 294,662 561,916 (1,347,884) 29.42% Fines, Forfeitures and Penalties 1,078,500 104,082 250,502 (827,998) 23.23% Community and Public Works 1,882,300 150,956 804,885 (1,077,415) 42.76% Recreation Program Revenues 628,800 65,955 313,455 (315,345) 49.85% Miscellaneous Department Revenue 1,500 140 20,894 19,394 1392.90% Miscellaneous & Investment Interest 358,200 81,543 244,800 (113,400) 68.34% Transfers in - #105 (h/m tax -CP advertising) 30,000 0 0 (30,000) 0.00% Total Recurring Revenues 45,497,400 3,405,554 9,388,323 (36,109,077) 20.63% Expenditures City Council 612,359 38,610 205,227 407,132 33.51% City Manager 964,527 71,350 277,273 687,254 28.75% City Attorney 618,756 49,706 189,784 428,972 30.67% Public Safety 25,927,488 2,045,683 7,383,730 18,543,758 28.48% Deputy City Manager 271,044 18,993 76,900 194,144 28.37% Finance / IT 1,427,700 110,027 447,131 980,569 31.32% Human Resources 305,843 22,587 95,616 210,227 31.26% City Hall Operations and Maintenance 291,894 26,988 69,041 222,853 23.65% Community & Public Works - Engineering 1,841,617 139,197 567,804 1,273,813 30.83% Community & Public Works - Econ Dev 1,030,737 74,616 275,163 755,574 26.70% Community & Public Works - Bldg & Plan 2,281,474 168,208 721,814 1,559,660 31.64% Parks & Rec - Administration 340,120 21,508 93,313 246,807 27.44% Parks & Rec - Maintenance 893,500 70,524 232,901 660,599 26.07% Parks & Rec - Recreation 254,818 18,391 50,219 204,599 19.71% Parks & Rec - Aquatics 491,153 1,757 6,346 484,807 1.29% Parks & Rec - Senior Center 102,907 120 16,778 86,129 16.30% Parks & Rec - CenterPlace 956,332 78,886 278,778 677,554 29.15% General Government 1,348,950 48,682 141,722 1,207,228 10.51% Transfers out - #204 ('16 LTGO bond debt service) 401,250 0 0 401,250 0.00% Transfers out - #309 (park capital projects) 160,000 0 0 160,000 0.00% Transfers out - #311 (Pavement Preservation) 972,300 0 0 972,300 0.00% Transfers out - #501 36,600 0 0 36,600 0.00% Transfers out - #502 (insurance premium) 390,000 0 0 390,000 0.00% Total Recurring Expenditures 41,921,369 3,005,835 11,129,537 30,791,832 26.55% Recurring Revenues Over (Under) Recurring Expenditures 3,576,031 399,719 (1,741,215) (5,317,246) Page 5 P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\ 2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 #001 - GENERAL FUND - continued NONRECURRING ACTIVITY Revenues Transfers in - #106 (Repymt of Solid Waste) Miscellaneous Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget 40,422 0 0 (40,422) 0.00% 0 5,000 5,000 5,000 0.00% Total Nonrecurring Revenues 40,422 5,000 5,000 (35,422) 12.37% Expenditures General Government - IT capital replacements 107,000 0 73,902 33,098 69.07% Public Safety (carpet & workstation replacement) 50,000 0 0 50,000 0.00% Public Safety (full facility generator) 0 0 0 0 0.00% Community & Public Works (Retail Recruitment) 25,000 8,000 20,000 5,000 80.00% General Government (City Hall generator) 0 0 82,842 (82,842) 0.00% Transfers out - #122 (replenish reserve) 120,000 0 0 120,000 0.00% Transfers out - #309 (Browns Park restroom & othe 1,160,000 0 0 1,160,000 0.00% Transfers out - #312 7,109,300 0 0 7,109,300 0.00% Total Nonrecurring Expenditures 8,571,300 8,000 176,744 8,394,556 2.06% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (8,530,878) (3,000) (171,744) 8,359,134 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (4,954,847) 396,719 (1,912,959) 3,041,889 Beginning fund balance 36,817,956 36,817,956 Ending fund balance 31,863,109 34,904,998 Page 6 P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\ 2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 SPECIAL REVENUE FUNDS #101 - STREET FUND RECURRING ACTIVITY Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget Revenues Telephone Utility Tax 1,700,000 135,166 404,318 (1,295,682) 23.78% Motor Vehicle Fuel (Gas) Tax 2,092,300 130,459 459,425 (1,632,875) 21.96% Multimodal Transportation 132,200 0 33,167 (99,033) 25.09% Right -of -Way Maintenance Fee 70,000 0 2,501 (67,499) 3.57% Investment Interest 6,000 658 2,156 (3,844) 35.93% Miscellaneous Revenue 10,000 448 466 (9,534) 4.66% Total Recurring Revenues 4,010,500 266,731 902,033 (3,108,467) 22.49% Expenditures Wages / Benefits / Payroll Taxes 1,057,744 86,886 403,000 654,744 38.10% Supplies 113,300 38,802 47,981 65,319 42.35% Services & Charges 2,326,974 87,443 279,421 2,047,553 12.01% Snow Operations 497,200 64,132 601,540 (104,340) 120.99% Intergovernmental Payments 855,000 36,781 102,139 752,861 11.95% Transfers out - #501 (non -plow vehicle rental) 21,250 0 0 21,250 0.00% Transfers out - #501 (plow replace.) 77,929 0 0 77,929 0.00% Total Recurring Expenditures 4,949,397 314,044 1,434,082 3,515,316 28.97% Recurring Revenues Over (Under) Recurring Expenditures (938,897) (47,313) (532,049) 406,848 NONRECURRING ACTIVITY Revenues Insurance proceeds (traffic signal cabinet) 0 0 6,453 6,453 0.00% Transfers in - #122 120,000 0 0 (120,000) 0.00% Transfers in - #312 907,544 0 0 (907,544) 0.00% Total Nonrecurring Revenues 1,027,544 0 6,453 (1,021,091) 0.63% Expenditures Misc 0 0 0 0 0.00% Total Nonrecurring Expenditures 0 0 0 0 0.00% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures 1,027,544 0 6,453 (1,021,091) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures 88,647 (47,313) (525,595) (614,242) Beginning fund balance 784,972 784,972 Ending fund balance 873,619 259,377 #103 - PATHS & TRAILS Revenues Motor Vehicle Fuel (Gas) Tax Investment Interest 8,800 550 1,938 (6,862) 22.02% 400 13 36 (364) 9.08% Total revenues 9,200 564 1,974 (7,226) 21.46% Expenditures Capital Outlay 0 0 0 0 0.00% Transfers out - #309 (Appleway Trail - Sullivan to C 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 9,200 Beginning fund balance 5,417 Ending fund balance 14,617 564 Page 7 1,974 5,417 7,391 (7,226) P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 SPECIAL REVENUE FUNDS - continued Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget #104 - TOURISM FACILITIES HOTEL/MOTEL TAX FUND Revenues Tourism Facilities Hotel/Motel Tax 390,000 24,459 62,615 (327,385) 16.06% Investment Interest 7,000 3,610 10,533 3,533 150.47% Transfers in - #105 275,000 0 0 (275,000) 0.00% Total revenues Expenditures Capital Expenditures Total expenditures 672,000 28,069 73,148 (598,852) 10.89% 0 0 0 0 0.00% 0 0 0 0 0.00% Revenues over (under) expenditures 672,000 28,069 73,148 (598,852) Beginning fund balance 1,918,072 1,918,072 Ending fund balance 2,590,072 1,991,220 #106 - HOTEL / MOTEL TAX FUND Revenues Hotel/Motel Tax 600,000 40,076 104,763 (495,237) 17.46% Investment Interest 2,000 665 1,806 (194) 90.29% Total revenues 602,000 40,741 106,569 (495,431) 17.70% Expenditures Transfers out - #001 30,000 0 0 30,000 0.00% Transfers out - #104 275,000 0 0 275,000 0.00% Tourism Promotion 350,000 9,752 17,752 332,248 5.07% Total expenditures 655,000 9,752 17,752 Revenues over (under) expenditures (53,000) 30,989 88,817 Beginning fund balance 277,929 277,929 Ending fund balance 224,929 366,746 637,248 (1,132,679) 2.71% #106 - SOLID WASTE Revenues Solid Waste Administrative Fees 225,000 30,350 81,285 143,715 36.13% Solid Waste Road Wear Fee 1,500,000 126,619 394,252 1,105,748 26.28% Investment Interest 1,300 1,638 3,798 (2,498) 292.19% Total revenues 1,726,300 158,607 479,335 1,246,965 27.77% Expenditures Transfers out - #001 40,422 0 0 40,422 0.00% Transfers out - #311 1,500,000 0 0 1,500,000 0.00% Education & Contract Administration 185,878 2,840 9,127 176,751 4.91% Total expenditures 1,726,300 2,840 9,127 1,717,173 0.53% Revenues over (under) expenditures 0 155,767 470,208 (470,208) Beginning fund balance 431,359 431,359 Ending fund balance 431,359 901,567 Page 8 P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\ 2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 SPECIAL REVENUE FUNDS - continued #107 - PEG FUND Revenues Comcast PEG Contribution Investment Interest Total revenues Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget 76,000 19,958 19,958 56,042 26.26% 0 211 552 (552) 0.00% 76,000 20,169 20,510 55,490 26.99% Expenditures PEG Reimbursement - CMTV 40,100 Capital Outlay 31,000 0 0 40,100 0.00% 0 0 31,000 0.00% Total expenditures 71,100 Revenues over (under) expenditures 4,900 Beginning fund balance 84,831 Ending fund balance 89,731 0 #120 - CENTER PLACE OPERATING RESERVE FUND Revenues Investment Interest Transfers in 0 0 20,169 0 71,100 0.00% 20,510 (15,610) 84,831 105,341 0 0 0 0.00% 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations Total expenditures 0 0 0 0 0.00% 0 0 0 0 0.00% Revenues over (under) expenditures 0 0 0 0 Beginning fund balance 300,000 300,000 Ending fund balance 300,000 300,000 #121 - SERVICE LEVEL STABILIZATION RESERVE FUND Revenues Investment Interest Transfers in 0 0 0 0 0 0.00% 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations Total expenditures 0 0 0 0 0.00% 0 0 0 0 0.00% Revenues over (under) expenditures 0 0 0 0 Beginning fund balance 5,500,000 5,500,000 Ending fund balance 5,500,000 5,500,000 #122 - WINTER WEATHER RESERVE FUND Revenues Investment Interest 5,000 911 2,688 (2,312) 53.77% Transfers in - #001 120,000 0 0 (120,000) 0.00% Subtotal revenues 125,000 911 2,688 (122,312) 2.15% Expenditures Snow removal expenses 500,000 0 0 500,000 0.00% Transfers out - #101 120,000 0 0 120,000 0.00% Total expenditures 620,000 0 0 620,000 0.00% Revenues over (under) expenditures (495,000) 911 2,688 (742,312) Beginning fund balance 503,070 503,070 Ending fund balance 8,070 505,758 Page 9 P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\ 2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 DEBT SERVICE FUNDS Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget #204 - DEBT SERVICE FUND Revenues Spokane Public Facilities District 432,150 0 0 (432,150) 0.00% Transfers in -#001 401,250 0 0 (401,250) 0.00% Transfers in - #301 82,475 0 0 (82,475) 0.00% Transfers in - #302 82,475 0 0 (82,475) 0.00% Total revenues 998,350 0 0 (998,350) 0.00% Expenditures Debt Service Payments - CenterPlace 432,150 0 0 432,150 0.00% Debt Service Payments - Roads 164,950 0 0 164,950 0.00% Debt Service Payments -'16 LTGO Bond 401,250 0 0 401,250 0.00% Total expenditures 998,350 0 0 998,350 0.00% Revenues over (under) expenditures 0 0 0 (1,996,700) Beginning fund balance 0 0 Ending fund balance 0 0 Page 10 P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 CAPITAL PROJECTS FUNDS #301 - CAPITAL PROJECTS FUND Revenues REET 1 - Taxes Investment Interest Total revenues Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget 1,000,000 103,902 308,763 (691,237) 30.88% 22,000 5,085 15,698 (6,302) 71.35% 1,022,000 108,987 324,461 (697,539) 31.75% Expenditures Transfers out - #204 82,475 0 0 82,475 0.00% Transfers out - #303 504,172 0 0 504,172 0.00% Transfers out - #311 (pavement preservation) 734,300 0 0 734,300 0.00% Transfers out - #314 50,000 0 0 50,000 0.00% Total expenditures 1,370,947 0 0 1,370,947 0.00% Revenues over (under) expenditures (348,947) 108,987 324,461 (2,068,486) Beginning fund balance 2,480,268 2,480,268 Ending fund balance 2,131,321 2,804,729 #302 - SPECIAL CAPITAL PROJECTS FUND Revenues REET 2 - Taxes 1,000,000 103,902 308,763 (691,237) 30.88% Investment Interest 25,000 6,471 20,045 (4,955) 80.18% Total revenues 1,025,000 110,373 328,808 (696,192) 32.08% Expenditures Transfers out - #204 82,475 0 0 82,475 0.00% Transfers out - #303 167,434 0 0 167,434 0.00% Transfers out - #311 (pavement preservation) 734,300 0 0 734,300 0.00% Total expenditures 984,209 0 0 984,209 0.00% Revenues over (under) expenditures 40,791 110,373 328,808 (1,680,401) Beginning fund balance 3,240,220 3,240,220 Ending fund balance 3,281,011 3,569,028 Page 11 P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\ 2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 CAPITAL PROJECTS FUNDS - continued Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget #303 STREET CAPITAL PROJECTS FUND Revenues Grant Proceeds 5,084,281 0 111,687 (4,972,594) 2.20% Developer Contribution 1,535,700 0 0 (1,535,700) 0.00% Transfers in - #301 504,172 0 0 (504,172) 0.00% Transfers in - #302 167,434 0 0 (167,434) 0.00% Transfers in - #312 4,584,400 0 0 (4,584,400) 0.00% Investment Interest 0 234 586 586 0.00% Total revenues 11,875,987 234 112,273 (11,763,714) 0.95% Expenditures 123 Mission Ave - Flora to Barker 5,000 4,580 6,402 (1,402) 128.04% 142 Broadway @ Argonne/Mullan 12,500 272 272 12,228 2.17% 166 Pines Rd. (SR27) & Grace Ave. Int. Safety 5,000 45 1,233 3,767 24.66% 201 ITS Infill Project Phase 1 (PE Start 2014) 5,000 0 1,397 3,603 27.94% 205 Sprague/Barker Intersection Improvement 35,700 0 0 35,700 0.00% 247 8th & Carnahan Intersection Improvements 45,000 0 (155) 45,155 -0.34% 249 Sullivan & Wellesley Intersection 1,167,287 2,387 36,347 1,130,940 3.11% 251 Euclid Ave Reconstruction Project 5,000 0 2,703 2,297 54.06% 258 32nd Ave Sidewalk-SR27 to Evergreen 5,000 0 0 5,000 0.00% 259 North Sullivan ITS Project 730,000 355 2,214 727,786 0.30% 265 Wellesley Sidewalk Project 382,000 7,732 10,209 371,791 2.67% 267 Mission Ave Sidewalk 420,000 1,461 6,889 413,111 1.64% 273 Barker/I-90 Interchange 500,000 20,711 26,243 473,757 5.25% 275 Barker Rd Widening - River to Euclid 310,000 0 33 309,967 0.01% 276 Barker Rd Widening - Euclid to Garland 3,346,000 9,457 35,314 3,310,686 1.06% 277 Barker Rd Widening - Garland to Trent 54,000 0 0 54,000 0.00% 278 Wilbur Sidewalk - Boone to Broadway 354,500 5,833 26,945 327,555 7.60% 279 Know Ave Sidewalk: Hutchinson to Sargent 294,000 3,548 26,612 267,388 9.05% 281 Highland Estates Connector 200,000 8,627 14,778 185,222 7.39% 287 University Pres - Dishman Mica to 16th 0 4,956 4,956 (4,956) 0.00% 291 Adams Sidewalk Infill Project 0 0 359 (359) 0.00% 294 Citywide Reflective Post Panels 0 150 150 (150) 0.00% 295 Garland Avenue Extension 3,000,000 1,792 4,042 2,995,958 0.13% Contingency 1,000,000 0 0 1,000,000 0.00% Total expenditures 11,875,987 71,905 206,941 11,669,046 Revenues over (under) expenditures 0 (71,671) (94,669) (23,432,760) Beginning fund balance 66,906 66,906 Ending fund balance 66,906 (27,763) Note: Work performed in the Street Capital Projects Fund for preservation projects is for items such as sidewalk upgrades that were bid with the pavement preservation work. Page 12 1.74% P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 CAPITAL PROJECTS FUNDS - continued Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget #309 - PARKS CAPITAL PROJECTS FUND Revenues Grant Proceeds 572,308 81,300 96,226 (476,082) 16.81% Transfers in -#001 1,320,000 0 0 (1,320,000) 0.00% Transfers in - #103 (Appleway Trail) 0 0 0 0 0.00% Transfers in - #312 (Appleway Trail) 14,788 0 0 (14,788) 0.00% Investment Interest 0 0 24 24 0.00% Total revenues 1,907,096 81,300 96,250 (1,810,846) 5.05% Expenditures 227 Appleway Trail - Pines to Evergreen 0 0 0 0 0.00% 237 Appleway Trail - Sullivan to Corbin 5,000 0 16,256 (11,256) 325.11 % 268 Appleway Trail - Evergreen to Sullivan 72,500 10,604 24,798 47,702 34.20% 270 CenterPlace outdoor venue - Phase I 0 0 0 0 0.00% 280 Appleway Trail Amenities: Univ. - Pines 509,595 110,046 128,034 381,561 25.12% 282 Browns Park Sand Volleyball Courts 0 134 134 (134) 0.00% 296 Browns Park 2019 Construction Improvements 1,000,000 2,516 2,516 997,484 0.25% Browns Park Restroom 160,000 0 0 160,000 0.00% Swing Sets 25,000 0 0 25,000 0.00% Resurface Discovery Park 40,000 0 0 40,000 0.00% Total expenditures 1,812,095 123,300 171,738 1,640,357 9.48% Revenues over (under) expenditures 95,001 (42,000) (75,488) (3,451,203) Beginning fund balance 39,294 39,294 Ending fund balance 134,295 (36,194) #310 - CIVIC FACILITIES CAPITAL PROJECTS FUND Revenues Investment Interest 9,000 1,563 4,613 (4,387) 51.25% Total revenues 9,000 1,563 4,613 (4,387) 51.25% Expenditures Transfers out 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 9,000 1,563 4,613 (4,387) Beginning fund balance 857,737 857,737 Ending fund balance 866,737 862,350 Note: The fund balance includes $839, 285.10 paid by the Library District for 2.82 acres at the Balfour Park site. If the District does not succeed in getting a voted bond approved by October 2017 then the City may repurchase this land at the original sale price of $839,285.10. Page 13 P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\ 2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 CAPITAL PROJECTS FUNDS - continued Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget #311 - PAVEMENT PRESERVATION FUND Revenues Transfers in - #001 972,300 0 0 (972,300) 0.00% Transfers in -#106 1,500,000 0 0 (1,500,000) 0.00% Transfers in - #301 734,300 0 0 (734,300) 0.00% Transfers in - #302 734,300 0 0 (734,300) 0.00% Grant Proceeds 1,820,000 0 29,920 (1,790,080) 1.64% Investment Interest 0 8,228 20,508 20,508 0.00% Total revenues 5,760,900 8,228 50,428 (5,710,472) 0.88% Expenditures Pre -Project GeoTech Services 50,000 0 22,125 27,875 44.25% Pavement Preservation 7,238,200 0 0 7,238,200 0.00% 248 Sprague Street Pres - Sullivan to Corbin 0 1,898 5,015 (5,015) 0.00% 252 Argonne Resurfacing: Broadway to Indiana 0 9,842 21,498 (21,498) 0.00% 254 Mission - McDonald to Evergreen 0 2,170 2,387 (2,387) 0.00% 256 University Rd Pres - 24th to Dishman Mica 0 0 2,831 (2,831) 0.00% 257 University Rd Pres - 16th to 24th 0 0 3,009 (3,009) 0.00% 267 Mission SW - Bowdish to Union 0 1,301 24,834 (24,834) 0.00% 269 Evergreen - Mission Connector to Indiana 0 6,094 37,427 (37,427) 0.00% 284 Argonne Rd. Pres - Valleyway to Broadway 0 3,255 11,002 (11,002) 0.00% 285 Indiana Ave Pres - Evergreen to Sullivan 0 6,043 9,491 (9,491) 0.00% 286 Broadway Preservation: Havana to Fancher 0 1,791 18,276 (18,276) 0.00% 287 University Pres - Dishman Mica to 16th 0 1,496 1,716 (1,716) 0.00% 290 2019 Local Access Streets (Midilome) 0 5,154 21,556 (21,556) 0.00% 292 Mullan Preservation: Broadway -Mission 0 4,282 5,757 (5,757) 0.00% 297 2019 SCWD#3 Street Preservation 0 0 123 (123) 0.00% Total expenditures 7,288,200 43,326 187,045 Revenues over (under) expenditures (1,527,300) (35,098) (136,617) Beginning fund balance 4,637,315 4,637,315 Ending fund balance 3,110,015 4,500,698 #312 - CAPITAL RESERVE FUND Revenues Transfers in - #001 Investment Interest 7,101,155 (12,811,627) 2.57% 7,109,300 0 0 (7,109,300) 50,000 16,362 49,941 (59) 0.00% 99.88% Total revenues 7,159,300 16,362 49,941 (7,109,359) 0.70% Expenditures Transfers out - #101 907,544 0 0 907,544 0.00% Transfers out - #303 4,584,400 0 0 4,584,400 0.00% Transfers out - #309 14,788 0 0 14,788 0.00% Total expenditures 5,506,732 0 0 5,506,732 0.00% Revenues over (under) expenditures 1,652,568 16,362 49,941 (12,616,091) Beginning fund balance 8,974,920 8,974,920 Ending fund balance 10,627,488 9,024,861 Page 14 P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 CAPITAL PROJECTS FUNDS - continued #313 - CITY HALL CONSTRUCTION FUND Revenues Investment Interest Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget 0 160 471 471 0.00% Total revenues 0 160 471 471 0.00% Expenditures Transfers out - #312 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 0 Beginning fund balance 87,636 Ending fund balance 87,636 160 471 87,636 88,107 471 #314 - RAILROAD GRADE SEPARATION PROJECTS FUND Revenues Grant Proceeds 3,750,000 0 114,047 (3,635,953) 3.04% Investment Interest 0 1,574 5,065 5,065 0.00% Transfers in - #301 50,000 0 0 (50,000) 0.00% Total revenues 3,800,000 1,574 119,112 (3,680,888) 3.13% Expenditures 143 Barker Rd/BNSF Grade Separation 3,800,000 124,509 287,535 3,512,465 7.57% 223 Pines Rd Underpass 900,000 6,261 9,342 890,658 1.04% Total expenditures 4,700,000 130,770 296,877 4,403,123 6.32% Revenues over (under) expenditures (900,000) (129,196) (177,765) (8,084,010) Beginning fund balance 1,036,455 1,036,455 Ending fund balance 136,455 858,690 Page 15 P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 ENTERPRISE FUNDS #402 - STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees Investment Interest Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget 1,890,000 139,887 147,970 (1,742,030) 20,000 4,469 12,974 (7,026) 7.83% 64.87% Total Recurring Revenues 1,910,000 144,356 160,944 (1,749,056) 8.43% Expenditures Wages / Benefits / Payroll Taxes 502,325 35,791 131,263 371,062 26.13% Supplies 10,700 1,153 4,428 6,272 41.38% Services & Charges 1,236,575 10,987 41,000 1,195,575 3.32% Intergovernmental Payments 37,500 0 0 37,500 0.00% Vehicle Rentals - #501 12,750 0 0 12,750 0.00% Total Recurring Expenditures 1,799,850 47,930 176,691 1,623,159 9.82% Recurring Revenues Over (Under) Recurring Expenditures 110,150 96,426 (15,747) (125,897) NONRECURRING ACTIVITY Revenues Grant Proceeds 106,000 0 54,909 (51,091) 51.80% Total Nonrecurring Revenues 106,000 0 54,909 (51,091) 51.80% Expenditures Capital - various projects 450,000 0 223 449,777 0.05% 193 Effectiveness Study 10,000 0 0 10,000 0.00% 267 Mission SW - Bowdish to Union 0 0 2,270 (2,270) 0.00% 278 Wilbur Sidewalk - Boone to Broadway 0 166 2,968 (2,968) 0.00% 279 Knox Ave Sidewalk: Hutchinson to Sargent 0 468 7,388 (7,388) 0.00% Watershed Studies 100,000 935 3,374 96,626 3.37% Total Nonrecurring Expenditures 560,000 1,568 16,222 543,778 2.90% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (454,000) (1,568) 38,687 492,687 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (343,850) 94,858 22,940 366,790 Beginning working capital 2,216,210 2,216,210 Ending working capital 1,872,360 2,239,150 Note: Work performed in the Stormwater Fund for preservation projects is for stormwater improvements that were bid with the pavement preservation work. #403 -AQUIFER PROTECTION AREA Revenues Spokane County 460,000 0 0 (460,000) 0.00% Grant Proceeds 317,200 0 2,717 (314,483) 0.86% Investment Interest 10,000 3,352 9,895 (105) 98.95% Total revenues Expenditures Capital - various projects Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital 787,200 3,352 12,612 (774,588) 1.60% 832,600 2,437 3,785 828,815 0.45% 832,600 (45,400) 1,840,005 2,437 3,785 915 8,826 1,840,005 1,794,605 1,848,831 Page 16 828,815 (1,603,403) 0.45% P:\Finance\Finance Activity Reports\Council Monthly Reports \ 2019\ 2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Four -Month Period Ended April 30, 2019 INTERNAL SERVICE FUNDS Budget Year Elapsed = 2019 33.33% 2019 Budget Actual Actual through Budget April April 30 Remaining % of Budget #601 - ER&R FUND Revenues Interfund vehicle lease - #001 30,000 0 0 (30,000) 0.00% Interfund vehicle lease -#101 21,250 0 0 (21,250) 0.00% Interfund vehicle lease - #101 (plow replace) 77,929 0 0 (77,929) 0.00% Interfund vehicle lease - #402 12,750 0 0 (12,750) 0.00% Transfers in - #001 (CenterPlace kitchen reserve) 36,600 0 0 (36,600) 0.00% Investment Interest 9,500 2,353 6,942 (2,558) 73.07% Total revenues Expenditures Equipment Repair & Maintenance Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital 188,029 2,353 6,942 (181,087) 3.69% 20,000 201 347 19,653 1.73% 20,000 201 347 19,653 1.73% 168,029 1,290,971 2,152 6,595 (200,741) 1,290,971 1,459,000 1,297,566 #602 - RISK MANAGEMENT FUND Revenues Investment Interest 0 0 0 0 0.00% Transfers in - #001 390,000 0 0 (390,000) 0.00% Total revenues Expenditures Auto & Property Insurance Equipment Repair & Maintenance Unemployment Claims Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital 390,000 0 0 (390,000) 0.00% 390,000 0 0 390,000 0.00% 0 0 (733) 733 0.00% 0 22,831 22,831 (22,831) 0.00% 390,000 0 263,778 22,831 263,778 (22,831) 22,098 367,902 5.67% (22,098) (757,902) 263,778 241,680 SUMMARY FOR ALL FUNDS Total of Revenues for all Funds Per Revenue Status Report Difference Total of Expenditures for all Funds Per Expenditure Status Report 90,725,228 90,725,228 4,405,188 4,405,188 12,307,794 12,307,794 96,653,436 3,784,739 13,848,987 96,653,436 3,784,739 13,848,987 Total Capital expenditures (included in total expenditures) 27,096,882 372,372 1,013,854 Page 17 P:\Finance\Finance Activity Reports\Council Monthly Reports\2019\2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Investment Report For the Four -Month Period Ended April 30, 2019 Beginning Deposits Withdrawls Interest Ending 001 General Fund 101 Street Fund 103 Trails & Paths 104 Tourism Facilities Hotel/Motel 105 Hotel/Motel 106 Solid Waste Fund 107 PEG Fund 120 CenterPlace Operating Reserve 121 Service Level Stabilization Reserve 122 Winter Weather Reserve 301 Capital Projects 302 Special Capital Projects 303 Street Capital Projects Fund 309 Parks Capital Project 310 Civic Buildings Capital Projects 311 Pavement Preservation 312 Capital Reserve Fund 313 City Hall Construction Fund 314 Railroad Grade Separation Projects 402 Stormwater Management 403 Aquifer Protection Fund 501 Equipment Rental & Replacement 502 Risk Management "Local Government Investment Pool 5/9/2019 LGI P" UMPQUA CD #9731 UMPQUA CD #0689 Total Investments $ 63, 319, 088.60 $ 3, 035, 525.76 $ 2, 045, 830.26 $ 60,146,128.50 2,266,787.76 0.00 0.00 2,266,787.76 (1,750,000.00) 0.00 0.00 (1,750,000.00) 132,263.81 0.00 0.00 132,263.81 $ 63,968,140.17 $ 3,035,525.76 $ 2,045,830.26 $ 69,049,496.19 matures: 6/28/2019 11/15/2019 rate: 2.30% 2.85% Balance Earnings Current Period Year to date Budget $ 35,712,422.36 $ 74,706.43 318,428.55 658.40 6,480.58 13.40 1,745,979.39 3,610.08 321, 576.45 664.91 792, 005.04 1,637.59 102,104.17 211.12 0.00 0.00 5, 500, 000.00 0.00 440,693.08 911.20 2,459,294.76 5,084.96 3,129,462.12 6,470.64 113,168.60 233.99 0.00 0.00 756,141.72 1,563.44 3,979,503.78 8,228.23 7, 913, 349.14 16, 362.05 77,255.83 159.74 761, 048.02 1,573.58 2,161,367.23 4,468.95 1,621,282.82 3,352.25 1,137, 932.55 2,352.85 0.00 0.00 216,603.10 $ 300,000.00 2,155.76 6,000.00 36.30 400.00 10,533.00 7,000.00 1,805.75 2,000.00 3,798.42 1,300.00 552.16 0.00 0.00 0.00 0.00 0.00 2,688.30 5,000.00 15, 697.81 22, 000.00 20,045.07 25,000.00 586.08 0.00 23.93 0.00 4,612.59 9,000.00 20, 507.98 0.00 49,940.77 50,000.00 471.28 0.00 5,065.26 0.00 12, 973.78 20, 000.00 9,894.76 10, 000.00 6,941.59 9,500.00 0.00 0.00 $ 69,049,496.19 $ 132,263.81 $ 384,933.69 $ 467,200.00 Page 18 Difference P:\Finance\Finance Activity Reports\Council Monthly Reports\2019\2019 04 30.xlsx CITY OF SPOKANE VALLEY, WA Sales Tax Receipts For the Four -Month Period Ended April 30, 2019 Month Received February March April May June July August September October November December January 2018 2,353,128.35 1, 744, 900.00 1, 757, 754.18 5, 855, 782.53 2,173, 916.87 1,991,560.58 2,115, 585.73 2, 328, 306.22 2, 238, 047.38 2,280,671.98 2,272,076.06 2,196, 294.60 2,170,652.01 2019 2,530,639.23 1, 861, 849.29 1,758,550.64 5/9/2019 177, 510.88 116, 949.29 796.46 6,151,039.16 295,256.63 25, 622, 893.96 6,151, 039.16 7.54% 6.70% 0.05% 5.04% Sales tax receipts reported here reflect remittances for general sales tax, criminal justice sales tax and public safety tax. The sales tax rate for retail sales transacted within the boundaries of the City of Spokane Valley is 8.9%. The tax that is paid by a purchaser at the point of sale is remitted by the vendor to the Washington State Department of Revenue who then remits the taxes back to the various agencies that have imposed the tax. The allocation of the total 8.9% tax rate to the agencies is as follows: - State of Washington - City of Spokane Valley - Spokane County - Spokane Public Facilities District - Criminal Justice - Public Safety - Juvenile Jail - Mental Health - Law Enforcement Communications - Spokane Transit Authority 6.50% 0.85% 0.15% 0.10% * 0.10% 0.10% * 0.10% * 0.10% * 0.10% * 0.80% * 8.90% Indicates voter approved sales taxes 2.40% local tax In addition to the .85% reported above that the City receives, we also receive a portion of the Criminal Justice and Public Safety sales taxes. The distribution of those taxes is computed as follows: Criminal Justice: The tax is assessed county -wide and of the total collected, the State distributes 10% of the receipts to Spokane County, with the remainder allocated on a per capita basis to the County and the cities within the County. Public Safety: The tax is assessed county -wide and of the total collected, the State distributes 60% of the receipts to Spokane County, with the remainder allocated on a per capita basis to the cities within the County. Page 19 CITY OF SPOKANE VALLEY, WA Sales Tax Collections - For the years 2010 through 2019 P:\Finance\Finance Activity Reports\Tax Revenue\Sales Tax\2019\sales tax collections 2019.xlsx 2010 1 2011 1 2012 1 2013 1 2014 1 2015 1 2016 1 2017 1 2018 1 2019 January 1,491,059 1,460,548 1,589,887 1,671,269 1,677,887 1,732,299 1,863,225 1,992,273 2,078,412 February 963,749 990,157 1,009,389 1,133,347 1,170,640 1,197,323 1,316,682 1,369,740 1,536,252 March 1,018, 468 1,015, 762 1,067, 733 1,148, 486 1,201, 991 1,235,252 1,378, 300 1,389, 644 1,564, 282 2,240,908 1,648,657 1,549,275 5/8/2019 2019 to 2018 Difference ok 162,496 112,405 (15,007) 7.82% 7.32% (0.96%) Collected to date 3,473,276 3,466,467 3,667,009 3,953,102 4,050,518 4,164,874 4,558,207 4,751,657 5,178,946 5,438,840 259,894 5.02% April 1,184,137 1,284,180 1,277, 621 1,358, 834 1,448, 539 1,462,096 1,640, 913 1,737, 933 1,926, 551 0 May 1,102, 523 1,187, 737 1,174, 962 1,320,449 1,400,956 1,373,710 1,566,178 1,564,119 1,762,119 0 June 1,123,907 1,248,218 1,290,976 1,389,802 1,462,558 1,693,461 1,641,642 1,751,936 1,871,077 0 July 1,260,873 1,332,834 1,302,706 1,424,243 1,545,052 1,718,428 1,776,653 1,935,028 2,053,961 0 August 1,211,450 1,279,500 1,299,678 1,465,563 1,575,371 1,684,700 1,746,371 1,877,899 1,980,940 0 September 1,191,558 1,294,403 1,383,123 1,466,148 1,552,736 1,563,950 1,816,923 1,946,689 2,019,198 0 October 1,269,505 1,291,217 1,358,533 1,439,321 1,594,503 1,618,821 1,822,998 1,898,067 2,005,836 0 November 1,139,058 1,217,933 1,349,580 1,362,021 1,426,254 1,487,624 1,652,181 1,768,817 1,925,817 0 December 1,141, 012 1,247, 920 1,323,189 1,408,134 1,383, 596 1,441,904 1,664, 983 1,856, 989 1,918, 411 0 Total Collections 14,097,299 14,850,409 15,427,377 16,587,617 17,440,083 18,209,568 19,887,049 21,089,134 22,642,856 5,438,840 Budget Estimate 14,410,000 14,210,000 14,210,000 15,250,000 16,990,000 17,628,400 18,480,500 19,852,100 20,881,900 22,917,000 Actual over (under) budg (312,701) 640,409 1,217,377 1,337,617 450,083 581,168 1,406,549 1,237,034 1,760,956 (17,478,160) Total actual collections as a % of total budget 97.83% 104.51 % 108.57% 108.77% 102.65% 103.30% 107.61 % 106.23% 108.43% n/a % change in annual total collected (1.06%) 5.34% 3.89% 7.52% 5.14% 4.41% 9.21% 6.04% 7.37% n/a % of budget collected through March 24.10% 24.39% 25.81% 25.92% 23.84% 23.63% 24.66% 23.94% 24.80% 23.73% % of actual total collected through March 24.64% 23.34% 23.77% 23.83% 23.23% 22.87% 22.92% 22.53% 22.87% n/a Chart Reflecting History of Collections through the Month of March 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 1 March I 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 March February January Page 20 I CITY OF SPOKANE VALLEY, WA Hotel/Motel Tax Receipts through - Actual for the years 2010 through 2019 P:\Finance\Finance Activity Reports\Tax Revenue\Lodging Tax\2019\105 hotel motel tax 2019.xlsx 2010 1 2011 1 2012 1 2013 1 2014 1 2015 1 2016 1 2017 1 2018 1 2019 January 22,707 February 23,417 March 24,232 Total Collections 5/8/2019 2019 to 2018 Difference 22,212 21,442 24,185 25,425 27,092 31,887 27,210 28,752 31,865 3,113 10.83% 22,792 21,549 25,975 26,014 27,111 27,773 26,795 28,878 32,821 3,943 13.65% 24,611 25,655 27,739 29,384 32,998 34,330 31,601 31,906 40,076 8,170 25.61% 70,356 69,616 68,646 77,898 80,823 87,201 93,991 85,606 89,536 104,762 15,226 17.01% April 39,463 38,230 52,130 40,979 48,246 50,455 52,551 52,242 57,664 0 May 34,683 33,791 37,478 40,560 41,123 44,283 50,230 50,112 51,777 0 June 39,935 41,403 43,971 47,850 52,618 56,975 55,060 60,637 62,048 0 July 47,385 49,312 52,819 56,157 61,514 61,809 65,007 69,337 71,865 0 August 54,923 57,452 57,229 63,816 70,384 72,697 73,700 76,972 79,368 0 September 59,419 58,908 64,299 70,794 76,100 74,051 70,305 80,173 79,661 0 October 41,272 39,028 43,699 43,836 45,604 49,880 55,660 56,631 61,826 0 November 34,330 37,339 39,301 42,542 39,600 42,376 46,393 47,090 52,868 0 December 26,777 32,523 30,432 34,238 33,256 41,510 33,478 37,180 40,363 0 Total Collections 448,545 457,603 490,004 518,672 549,267 581,237 596,374 615,980 646,976 104,762 Budget Estimate 380,000 480,000 430,000 490,000 530,000 550,000 580,000 580,000 580,000 600,000 Actual over (under) budg 68,545 (22,397) 60,004 28,672 19,267 31,237 16,374 35,980 66,976 (495,238) Total actual collections as a % of total budget 118.04% 95.33% 113.95% 105.85% 103.64% 105.68% 102.82% 106.20% 111.55% n/a % change in annual total collected 5.79% 2.02% 7.08% 5.85% 5.90% 5.82% 2.60% 3.29% 5.03% n/a % of budget collected through March 18.51% 14.50% 15.96% 15.90% 15.25% 15.85% 16.21% 14.76% 15.44% 17.46% % of actual total collected through March 15.69% 15.21% 14.01% 15.02% 14.71% 15.00% 15.76% 13.90% 13.84% n/a Chart Reflecting History of Collections through the Month of March 120,000 100,000 80,000 60,000 40,000 20,000 0 March 1 UN - 1 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 • March • February • January Page 21 all CITY OF SPOKANE VALLEY, WA 1st and 2nd 1/4% REET Collections through March Actual for the years 2010 through 2019 January February March Collected to date April May June July August September October November December Total distributed by Spokane County Budget estimate Actual over (under) budget Total actual collections as a % of total budget % change in annual total collected % of budget collected through March % of actual total collected through March P:\Finance\Finance Activity Reports\Tax Revenue\REET\2019\301 and 302 REET for 2019.xlsx 2010 1 2011 1 2012 2013 2014 2015 2016 2017 1 2018 1 2019 59,887 64,122 86,204 64,128 36,443 95,880 46,359 56,115 71,730 56,898 155,226 72,172 61,192 67,049 81,724 96,141 103,508 165,868 104,446 83,583 220,637 153,661 124,514 282,724 239,437 146,892 310,562 120,809 199,209 193,913 210,213 196,451 174,203 5/10/2019 2019 to 2018 Difference (118,628) 52,317 (116,649) (49.54%) 35.62% (37.56%) 284,296 209,964 365,517 408,667 560,899 696,891 513,931 (182,960) (26.25%) 99,507 109,625 105,680 84,834 72,630 75,812 93,256 72,021 38,725 79,681 124,692 81,579 79,629 129,472 68,020 61,396 74,753 65,077 86,537 111,627 124,976 101,049 106,517 63,517 238,095 104,886 74,300 90,377 116,165 139,112 128,921 117,150 174,070 117,806 78,324 75,429 105,448 198,870 106,676 208,199 172,536 152,323 123,505 172,227 117,682 236,521 165,748 347,421 217,375 202,525 179,849 128,833 129,870 157,919 205,654 192,806 284,897 248,899 231,200 178,046 253,038 186,434 164,180 169,060 202,734 248,768 449,654 472,420 187,348 207,895 229,800 278,995 218,842 646,397 277,424 302,941 261,626 259,492 584,792 263,115 288,912 0 0 0 0 0 0 0 0 0 962,304 1,380,000 (417,696) 960,751 780,000 180,751 1,185,707 875,000 310,707 1,321,650 975,000 346,650 1,567,429 1,100,000 467,429 2,131,578 1,400,000 731,578 2,353,822 2,000,000 353,822 3,007,573 2,000,000 1,007,573 3,800,432 3,000,000 800,432 513,931 2,000,000 (1,486,069) 69.73% 123.17% 135.51% 135.55% 142.49% 152.26% 117.69% 150.38% 126.68% n/a (11.57%) (0.16%) 23.41% 11.47% 18.60% 35.99% 10.43% 27.77% 26.36% n/a 15.23% 25.19% 19.91% 29.16% 19.09% 26.11% 20.43% 28.04% 23.23% 25.70% 21.84% 20.45% 14.69% 21.51% 13.40% 17.15% 17.36% 18.65% 18.34% n/a Chart Reflecting History of Collections through the Month of March 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 2010 2011 2012 2013 2014 March 2015 2016 2017 2018 2019 • March • February • Ja nua ry Page 22 P:\Finance\Finance Activity Reports\Debt Capacity\2019\debt capacity 2019.xlsx CITY OF SPOKANE VALLEY, WA Debt Capacity 2018 Assessed Value for 2019 Property Taxes 9,351,389,045 Voted (UTGO) Nonvoted (LTGO) Voted park Voted utility 1.00% of assessed value 1.50% of assessed value 2.50% of assessed value 2.50% of assessed value Maximum Outstanding Remaining Debt as of Debt ok Capacity 12/31/2018 Capacity Utilized 93,513,890 140,270,836 233, 784, 726 233, 784, 726 701, 354,178 0 93,513,890 12, 270, 000 128, 000, 836 0 233,784,726 0 233,784,726 12,270,000 689,084,178 0.00% 8.75% 0.00% 0.00% 1.75% Bonds Repaid 2014 LTGO Bonds 12/1/2014 12/1/2015 12/1/2016 12/1/2017 12/1/2018 225,000 175,000 185,000 190,000 230,000 135,000 125,000 130,000 130,000 135,000 360,000 300,000 315,000 320,000 365,000 0 0 75,000 150,000 155,000 360,000 300,000 390,000 470,000 520,000 1,005,000 655,000 1,660,000 \ 380,000 2,040,000 12/1/2019 255,000 140,000 395,000 160,000 555,000 12/1/2020 290,000 140,000 430,000 165,000 595,000 12/1/2021 320,000 145,000 465,000 170,000 635,000 12/1/2022 350,000 150,000 500,000 175,000 675,000 12/1/2023 390,000 155,000 545,000 180,000 725,000 12/1/2024 430,000 0 430,000 185,000 615,000 12/1/2025 465,000 0 465,000 95,000 660,000 12/1/2026 505,000 0 505,000 00,000 705,000 12/1/2027 395,000 0 395,000 2 5,000 600,000 12/1/2028 300,000 0 300,000 2 5,000 515,000 12/1/2029 245,000 0 245,000 220,000 465,000 12/1/2030 225,000 0 225,000 225,000 450,000 Bonds 12/1/2031 180,000 0 180,000 235,000 415,000 Remaining 12/1/2032 130,000 0 130,000 240,000 370,000 12/1/2033 165,000 0 165,000 250,000 415,000 12/1/2034 0 0 0 260,000 260,000 12/1/2035 0 0 0 270,000 270,000 12/1/2036 0 0 0 280,000 280,000 12/1/2037 0 0 0 290,000 290,000 12/1/2038 0 0 0 305,00 305,000 12/1/2039 0 0 0 315,00 315,000 12/1/2040 0 0 0 330,000 330,000 12/1/2041 0 0 0 340,000 340,000 12/1/2042 0 0 0 355,000 355,000 12/1/2043 0 0 0 365,000 365,000 12/1/2044 0 0 0 375,000 375,000 12/1/2045 0 0 0 390,000 390,000 4,645,000 730,000 5,375,000 6,895,000 12,270,000 5,650,000 1,385,000 7,035,000 7,275,000 14,310,000 Page 23 4/22/2019 Road & LTGO Bonds Period Street 2016 LTGO Grand Ending CenterPlace Improvements Total Bonds Total 12/1/2014 12/1/2015 12/1/2016 12/1/2017 12/1/2018 225,000 175,000 185,000 190,000 230,000 135,000 125,000 130,000 130,000 135,000 360,000 300,000 315,000 320,000 365,000 0 0 75,000 150,000 155,000 360,000 300,000 390,000 470,000 520,000 1,005,000 655,000 1,660,000 \ 380,000 2,040,000 12/1/2019 255,000 140,000 395,000 160,000 555,000 12/1/2020 290,000 140,000 430,000 165,000 595,000 12/1/2021 320,000 145,000 465,000 170,000 635,000 12/1/2022 350,000 150,000 500,000 175,000 675,000 12/1/2023 390,000 155,000 545,000 180,000 725,000 12/1/2024 430,000 0 430,000 185,000 615,000 12/1/2025 465,000 0 465,000 95,000 660,000 12/1/2026 505,000 0 505,000 00,000 705,000 12/1/2027 395,000 0 395,000 2 5,000 600,000 12/1/2028 300,000 0 300,000 2 5,000 515,000 12/1/2029 245,000 0 245,000 220,000 465,000 12/1/2030 225,000 0 225,000 225,000 450,000 Bonds 12/1/2031 180,000 0 180,000 235,000 415,000 Remaining 12/1/2032 130,000 0 130,000 240,000 370,000 12/1/2033 165,000 0 165,000 250,000 415,000 12/1/2034 0 0 0 260,000 260,000 12/1/2035 0 0 0 270,000 270,000 12/1/2036 0 0 0 280,000 280,000 12/1/2037 0 0 0 290,000 290,000 12/1/2038 0 0 0 305,00 305,000 12/1/2039 0 0 0 315,00 315,000 12/1/2040 0 0 0 330,000 330,000 12/1/2041 0 0 0 340,000 340,000 12/1/2042 0 0 0 355,000 355,000 12/1/2043 0 0 0 365,000 365,000 12/1/2044 0 0 0 375,000 375,000 12/1/2045 0 0 0 390,000 390,000 4,645,000 730,000 5,375,000 6,895,000 12,270,000 5,650,000 1,385,000 7,035,000 7,275,000 14,310,000 Page 23 4/22/2019 ■ ■ P:\Finance\Finance Activity Reports\Tax Revenue \MVFT\2019\motor vehicle fuel tax collections 2019.xlsx CITY OF SPOKANE VALLEY, WA Motor Fuel (Gas) Tax Collections - March For the years 2010 through 2019 2010 1 2011 1 2012 1 2013 1 2014 1 2015 1 2016 1 2017 1 2018 1 2019 January 161,298 154,792 February 145,869 146,353 March 140,486 141,849 159,607 135,208 144,297 146,145 145,998 135,695 152,906 148,118 131,247 152,598 145,455 140,999 163,918 163,037 145,537 150,654 164,807 138,205 162,359 175,936 139,826 148,530 181,823 131,009 5/8/2019 2019 to 2018 Difference (13,829) 5,887 (8,817) ok (8.52%) 3.35% (6.31 %) Collected to date 447,653 442,994 439,112 427,838 432,271 439,052 472,492 453,666 478,121 461,362 (16,759) (3.51%) April 161,721 165,019 153,546 156,529 156,269 157,994 167,304 168,000 168,796 0 May 158,119 154,700 144,670 151,595 156,850 156,259 171,829 174,211 193,986 0 June 168,146 158,351 159,827 167,479 161,965 164,872 157,737 174,838 144,308 0 July 164,221 165,398 160,565 155,348 157,805 168,205 177,427 177,019 194,267 0 August 176,869 153,361 164,050 173,983 172,308 186,277 177,567 195,780 205,438 0 September 175,067 173,820 171,651 195,397 173,299 174,505 194,640 184,342 180,874 0 October 164,475 158,889 153,022 133,441 160,539 161,520 166,369 163,780 158,062 0 November 168,477 160,461 162,324 164,303 165,871 181,771 176,178 194,814 199,282 0 December 143,257 124,714 138,223 142,140 141,298 153,338 152,787 154,298 148,960 0 Total Collections 1,928,005 1,857,707 1,846,990 1,868,053 1,878,475 1,943,793 2,014,330 2,040,748 2,072,094 461,362 Budget Estimate 1,900,000 1,875,000 1,905,800 1,868,900 1,866,400 1,867,700 2,013,400 2,048,900 2,061,100 2,101,100 Actual over (under) budg 28,005 (17,293) (58,810) (847) 12,075 76,093 930 (8,152) 10,994 (1,639,738) Total actual collections as a % of total budget 101.47% 99.08% 96.91 % 99.95% 100.65% 104.07% 100.05% 99.60% 100.53% n/a % change in annual total collected 0.07% (3.65%) (0.58%) 1.14% 0.56% 3.48% 3.63% 1.31% 1.54% n/a % of budget collected through March 23.56% 23.63% 23.04% 22.89% 23.16% 23.51% 23.47% 22.14% 23.20% 21.96% % of actual total collected through March 23.22% 23.85% 23.77% 22.90% 23.01% 22.59% 23.46% 22.23% 23.07% n/a Chart Reflecting History of Collections through the Month of March 600,000 500,000 400,000 300,000 200,000 100,000 0 March 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 ■ March ■ February • January Page 24 1 ■ CITY OF SPOKANE VALLEY, WA Telephone Utility Tax Collections - March For the years 2010 through 2019 P:\Finance\Finance Activity Reports\Tax Revenue\Telephone Tax\2019\telephone utility tax collections 2019.xlsx 2010 1 2011 1 2012 1 2013 1 2014 1 2015 2016 1 2017 1 2018 1 2019 January 234,622 241,357 February 266,041 230,366 March 264,175 245,539 193,818 261,074 234,113 217,478 216,552 223,884 210,777 205,953 208,206 177,948 212,845 174,738 182,167 173,971 177,209 162,734 163,300 162,536 130,196 164,060 158,416 136,615 132,537 135,166 5/8/2019 2019 to 2018 Difference 6,419 4.93% (31,523) (19.21%) (23,250) (14.68%) Collected to date 764,838 717,262 689,005 657,914 624,936 565,531 533,347 488,570 452,672 404,318 (48,354) (10.68%) April 254,984 238,561 229,565 214,618 206,038 214,431 171,770 157,285 146,519 0 May 255,056 236,985 227,469 129,270 210,010 187,856 174,512 161,506 149,434 0 June 251,880 239,013 234,542 293,668 210,289 187,412 170,450 156,023 150,780 0 July 250,593 244,191 226,118 213,078 205,651 190,984 174,405 157,502 147,281 0 August 246,261 349,669 228,789 211,929 205,645 185,172 171,909 150,644 148,158 0 September 240,111 241,476 227,042 210,602 199,193 183,351 170,476 155,977 141,290 0 October 238,500 237,111 225,735 205,559 183,767 183,739 166,784 153,075 142,925 0 November 247,848 240,246 225,319 212,947 213,454 175,235 166,823 151,208 139,209 0 December 236,065 236,449 221,883 213,097 202,077 183,472 168,832 161,115 140,102 0 Total Collections 2,986,136 2,980,963 2,735,467 2,562,682 2,461,060 2,257,183 2,069,308 1,892,905 1,758,370 404,318 Budget Estimate 2,800,000 3,000,000 3,000,000 2,900,000 2,750,000 2,565,100 2,340,000 2,000,000 1,900,000 1,700,000 Actual over (under) budg 186,136 (19,037) (264,533) (337,318) (288,940) (307,917) (270,692) (107,095) (141,630) (1,295,682) Total actual collections as a % of total budget 106.65% 99.37% 91.18% 88.37% 89.49% 88.00% 88.43% 94.65% 92.55% n/a % change in annual total collected (2.24%) (0.17%) (8.24%) (6.32%) (3.97%) (8.28%) (8.32%) (8.52%) (7.11%) n/a % of budget collected through March 27.32% 23.91% 22.97% 22.69% 22.72% 22.05% 22.79% 24.43% 23.82% 23.78% % of actual total collected through March 25.61% 24.06% 25.19% 25.67% 25.39% 25.05% 25.77% 25.81% 25.74% n/a Chart Reflecting History of Collections through the Month of March 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 March 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 ■ March • February • January Page 25 Mark 147e.mer Chief of Police Spokane Valley Police Department Accredited Since 2011 Services provided in partnership with the Spokane County Sheriff's Office and the Community, Dedicated to Your Safety, Ozzie Kaezov ch Sheriff TO: Mark Calhoun, City Manager FROM: Mark Werner, Chief of Pollee DATE: May 21, 2019 RE: Monthly Report April 2019 In August 2016, we switched from UCR to NIBRS classification, which means we went from reporting based on a hierarchy to reporting all the crines for each incident. Consequently, comparing cringe statistics before August 2016 to crime statistics after that timeframe is not recommended using the data provided in the attached charts and graphs. ADMINISTRATIVE: Chief Werner began the month of April attending a meeting at the Spokane Regional Health District entitled Trueblood Settlement Agreement Implementation Summit. This group's focus is on increasing the state's capacity to provide services and supports for persons with mental illness, in order to divert them from involvement in the criminal court system whenever possible. The ultimate goal is to reduce the number of people who become or remain class members, and to enhance system collaboration and coordination so that those who become class members are timely served. They want people to get the right care, at the right time, for the right cost. The SREC Policy Board met during the month of April, with Chief Werner attending those meetings. The Spokane Regional Law and Justice Council met in April at the Spokane Regional Health District building. Chief Werner attended the meeting along with other law enforcement command staff. The Spokane Regional Safe Streets Task Force Board met for their quarterly meeting in April, which Chief Werner and other Sheriff Command Staff attended. Page 1 Chief Werner attended the 1' Annual Spokane County Training and Exercise Planning Workshop. Chief Werner ended the month by attending the Joint Terrorism Task Force monthly meeting. SHERIFF'S COMMUNITY ORIENTED POLICING EFFORT (SCOPE): In the month of April, S.C.O.P.E. participated in: •+• S.C.O.P.E. Basic Training (four new v Proclamation from Spokane County volunteers) Commissioners proclaiming Month of May • Scope County Tire Collection Event 2019, S.C.O.P.E. Appreciation Month. (Millwood) •+• S.C.O.P.E. Moving Forward Valley Meeting. + S.C.O.P.E. presentation to Spokane Bicycle (Edgecliff, University, Trentwood and West Club. Valley S.C.O.P.E. stations) Neighborhood Watch Captains Meeting + Neighborhood Restoration Planning Mtg. + Bike Rodeo LDS Cub Scout with SV + Volunteer Appreciation Breakfast at Spokane ❖ East Valley Community Coalition Mtg. Valley United Methodist Church Underage Drinking/Drug Prevention + GSSAC Coalition Mtg. April 2019 Volunteers Hours per Station *Includes estimated volunteer service hours that are provided in the City of Spokane Valley. These two locations cover both Spokane Valley and the unincorporated portion of the county. Location # Volunteers Admin Hours L.E. Hours Total Hours Central Valley 7 84 80 164 East Valley* 13 259 381 640 Edgecliff 8 157.5 17.5 175 Trentwood 5 111 71 182 University 20 350 73 423 West Valley* 22 391 89.5 480.5 TOTALS 75 1,352.5 712 2,064.5 Volunteer Value ($30.46 per hour) $62,884.67 for April 2019 SCOPE members assist the Spokane Valley Police Department each month by placing speed radar boards throughout Spokane Valley in conjunction with the Traffic Unit, in an effort to reduce speed in locations that have been identified by law enforcement or brought to their attention by the community as having excessive speeding vehicles. There was no activity for the month of April. Requests received during the month were notified that they would be at the top of the priority list when weather permits. The team is still waiting for the trailer with data collector to be repaired. Team assignments have been made and activity will begin showing up in May. Page 2 The SCOPE Latent Fingerprint Team was given 76 cases for the month of March. Out of those 76 eases, 16 were from crimes in Spokane Valley. The team located fingerprints on 22 vehicles; 5 of those were Spokane Valley cases. S.C.O.P.E. Incident Response Team (SIRT) volunteers contributed 75 on -scene hours (including travel time) in April, responding to crime scenes, motor vehicle accidents and providing traffic control; 26 hours were for incidents in Spokane Valley. There were 3 special events in April, all being held in Spokane Valley (Jr. Bloomsday Race at the fairgrounds, Shriners Circus at Sprague/Herald, and an event at East Valley High School). Total volunteer hours contributed by SIRT, including training, stand-by, response and special events is 1,480; total for 2019 is 6,056. Abandoned Vehicles SCOPE DISABLED PARKING ACTIVITY REPORT Feb 2019 Mar 2019 Apr 2019 Tagged for Impounding 39 46 73 Cited/Towed 1 1 0 Hulks Processed 7 17 21 Total Vehicles Processed 105 166 196 Yearly Total of Vehicles Processed 237 403 599 SCOPE DISABLED PARKING ACTIVITY REPORT City of Spokane Valley # of Vol. # of Vol. # of Hrs. # of Disabled Infractions Issued # of Warnings Issued # of Non - Disabled Infractions Issued January 2 12 2 7 0 February 2 13.5 5 3 0 March 3 15 3 20 0 April 1 2 0 2 0 YTD Total 8 42.5 10 32 0 pokane County # of Vol. # of Hrs. # of Disabled Infractions Issued # of Warnings Issued # of Non - Disabled Infractions Issued January 2 3.5 1 1 0 February 4 28 9 11 0 March 5 20.5 4 17 0 April 3 21 5 9 0 YTD Total 14 73 19 38 0 Page 3 OPERATIONS: Burglars Can't Evade Deputies or K9 Bane: Spokane Valley Deputies arrested two burglary suspects after they attempted to flee in a vehicle, intentionally crashed in a fence of another business disabling their SUV and then fled on foot. K9 Bane captured the driver and then led deputies to the location where the passenger was hiding where he was arrested. In early April, at approximately 1:40 a.m., Spokane Valley Deputies responded to the report of a burglary in progress. The caller worked for an off-site security company and observed, via video, two suspects arrive in a maroon Expedition with a trailer circling the Auto Nation Subaru parking lot, located at 9916 E. Sprague. Sergeant Thurman, the first to arrive, observed two suspects jump the locked security fence of the business. As other deputies began to arrive, the suspects jumped in the vehicle and left at a high rate of speed. With deputies now in pursuit, the 20 -year-old male driver of the Expedition accelerated and recklessly swerved side to side without concern for anyone's safety, as he attempted to evade the police vehicles. Ahead of the pursuit, which was now traveling west on Broadway approaching Park Rd., Deputy Richmond deployed spike strips, attempting to end the pursuit safely; however, the suspect suddenly swerved, cut through the 7-11 parking lot and continued southbound on Park Rd. The suspect then made another erratic and reckless move and abruptly turned west into a concrete business parking lot and intentionally crashed into an industrial, six -foot -high chain-link fence/gate. The collision deployed the airbags and disabled the vehicle. Deputy Hilton and his partner K9 Bane pulled up behind the vehicle as the male suspect and the 24 - year -old male passenger bailed out of the vehicle, ran past the damaged gate and fled on foot. Deputy Hilton ordered them to stop, that they were under arrest and if they did not stop, K9 Bane would be deployed to apprehend them. Ignoring the commands, both suspects made the poor choice to continue their attempt to escape. Deputy Hilton released K9 Bane who rapidly closed the distance and made contact with the male suspect/driver who fell to the ground. That suspect continued to resist, fighting with K9 Bane in an attempt to break free of his hold, Deputy Hilton took control of Bane as Deputy Stolz place the suspect in handcuffs. With the male driver/suspect secured, Deputy Hilton and K9 Bane turned their attention toward capturing the male passenger/suspect. Assisting deputies had already established a perimeter around the area and were broadcasting K9 announcements advising this suspect to surrender while cutting off avenues of escape. IK9 Bane, now on a tracking lead began his search of the passenger/suspect. He led deputies northeast, through the industrial lot and around several pieces of large machinery to a corner section of fencing where K9 Bane attempted to climb the 6' fence. As Deputy Hilton notified the perimeter units of the track's location and direction, he observed the passenger/suspect stand up in the field on the other side of Park Rd. and place his hands in the air. Deputy Schmidt took this second suspect into custody without incident. During the subsequent investigation, deputies learned the trailer pulled by the SUV had been stolen earlier in the evening, but not yet discovered/reported as stolen. The owner/victim was contacted and wanted to pursue criminal charges. The SUV was seized to be processed by Spokane Valley Investigative Unit Detectives pending a search warrant. The second suspect/passenger, who was found to be in possession of someone else's WA State ID and Social Security Cards, was transported and booked into the Spokane County Jail for Burglary 2nd Degree, Possession of Stolen Page 4 Property 1' Degree, Identity Theft 1st Degree, and Resisting Arrest. The first suspect/driver received. medical attention prior to being transported and booked into the Spokane County Jail for Burglary 2nd Degree, Attempting to Elude a Police Vehicle, Possession of Stolen Property 1st Degree, Malicious Mischief 2nd Degree, and Resisting Arrest. Suspect Assaults Victim with Boxcutter on an STA Bus: Spokane Valley Deputies located and arrested a male suspect after he used a boxcutter type tool to cut the throat of the victim, causing minor injuries. Deputies responded after citizens reported the digital sign on the bus read "Call Police." In mid-April, at approximately 9:10 a.m., Spokane Valley Deputies began to respond citizens reporting an STA's digital sign said, "Call Police." The bus pulled over near the intersection of Appleway and Elizabeth in Spokane Valley. Deputy Tim Jones arrived and contacted the bus driver and occupants of the bus. He was informed a 50 -year-old male had cut the throat of another passenger. The suspect walked off the bus when it stopped, prior to Deputy Jones' arrival. Deputy Jones contacted the victim to check on his injuries. He also relayed the suspect's description, last known direction of travel and that he was alined with some type of knife, to additional deputies responding to the call. The adult male victim received medical attention at the scene for what appeared to be a minor injury. A couple of minutes later, Deputy Mike Wall arrived in the area and began looking for the suspect. When he turned south on Coleman from Appleway, he immediately observed a male attempting to wave him down near 2n1 Avenue. As Deputy Wall pulled up to contact the male, he observed the male suspect lying on the north shoulder of 2nd Avenue in the dirt. The male told Deputy Wall he drove by the suspect and noticed him on the ground. When he contacted the suspect, he told him to call the police. The suspect was detained without incident. He was advised of his right and declined to answer questions. During a search for weapons, a dark - colored folding knife/boxcutter, wrapped in a bandanna, was located in his pocket. The victim and witnesses stated the attack was unprovoked. A witness to the assault identified the male detained as the suspect. The male suspect was transported and booked into the Spokane County Jail for Assault 1 S` Degree, a felony. Armed Robbery at Krispy Kreme: In mid-April, Spokane Valley Deputies responded to an armed robbery at Krispy Kreme in Spokane Valley. A search for the suspect, including the use of a K9 Unit, was unsuccessful. In mid-April, at approximately 11:00 p.m., Spokane Valley Deputies responded to the report of an armed robbery at Krispy Kreme located at 15401 E. Indiana Avenue. Employees reported the suspect entered the store pointing a handgun and demanding money from the cash register. After receiving the money, the suspect fled the store through the west door. No one was injured, but the employees were extremely frightened for their lives and felt they could have been shot at any moment. The suspect was dressed in all black including gloves, black hoodie and a mask, which covered his face except for a strip across his eyes and nose. Due to the small amount of the suspect's skin that was exposed and voice, the suspect is believed to be a white male. He was generally described as 5'11 - 6'01" and approximately 180 to 200 pounds. Arriving deputies established a perimeter and Deputy Hunt with his partner 1K9 Gunner conducted a search, but were unsuccessful locating the suspect. While searching the area, deputies received information from witnesses at Sullivan Park who observed a male run across the Spokane River pedestrian bridge and Page 5 get into an older, "beat -up" white SUV or pickup with a canopy. He entered the vehicle and drove away rapidly. They could not provide a description of the male or if anyone else was inside the vehicle. * * At this time, it is not known if this male was the suspect or involved in the robbery. K9 Gunnar Tracks Down Burglar, Stolen Loot Recovered: Spokane Valley Deputies, with the assistance of K9 Gunnar, located a burglary suspect along with a stolen chainsaw and power washer stolen from the Spokane Veterans Center. The suspect caused an estimated $1,800 or more worth of damage to the alarm system, fence and storage shed. In mid-April, at approximately 7:30 p.m., Spokane Valley Deputies responded to the report of a commercial burglary at the Spokane Veterans Center, located in Spokane Valley. The caller stated he received a call at approximately 7:05 p.m. and he was informed the alarm had been activated. He and another employee responded to the location to find the back door unsecured and the alarm panel torn from the wall. Deputy Keys, Deputy Wakem and Deputy Hunt with his K9 partner Gunnar arrived and cleared the building. With no one found inside, deputies turned to the surveillance video. A male suspect was observed walking around the outside of the building. The 33 -year-old male suspect was then seen walking inside the warehouse. The suspect grabbed a five -gallon bucket and placed miscellaneous tools inside. He also swiped a Husqvarna Chainsaw in a bright orange case, various food items and two Mountain Dew bottles. The suspect then exits the building and stashes the items behind a metal storage shed. The male suspect walks around the patio area drinking one of the Mountain Dews before he returns to the chainsaw and other items. He then places the items in an object with wheels and walks off, dragging it to the west through the field. Deputies located a partially empty Mountain Dew bottle in the brush near the dumpsters and next to the five -gallon bucket with tools. Deputy Hunt deployed K9 Gunnar to conduct an article search in an attempt to find the stolen property. During the search, K9 Gunnar led the deputies to the west where some clean Christmas ornaments were located. The employee of the Veterans Center confirmed that some ornaments were stolen during the burglary. K9 Gunnar continued to lead the way through the fields and dirt lots toward the railroad bridge approximately 1/3 of a mile away. As they approached the area of the bridge, Deputy Wang who had also arrived to assist, observed the suspect walking southwest on the trestle. The male suspect complied with commands and was taken into custody without incident. The suspect was advised of his rights and agreed to answer questions. He said he walked from SCC near Mission and Greene. He explained he was looking for his friends who had his cell phone and backpack, but he refused to identify them. He and his friends are homeless and camped in the area. He initially denied knowing anything about the Veterans Center. When confronted with the surveillance video, he admitted he was there and knew some items had been stolen, but claimed he never went inside the building. The suspect's story changed several times as the investigation continued. He later declined to answer questions because he was high. Deputies eventually located a well -hidden sleeping area in a stand of trees. They also discovered the power washer on wheels that the suspect was observed dragging, and the chainsaw stolen from the Vet Center. The suspect was transported and booked into the Spokane County Jail for Burglary 2nd Degree, Theft 2'd Degree, and Malicious Mischief 2"d Degree. The stolen items were returned. Wanted, Convicted Felon, Found in Unlawful Possession of a Pistol: While checking on a suspicious vehicle, Spokane Valley Deputies arrested a suspect found in the backseat of the car after they learned he had a valid felony warrant for his arrest. After his arrest, they determined he is a convicted felon and was unlawfully in possession of a handgun and ammunition. In mid- April, at approximately 1:10 a.m., Spokane Valley Deputy Veronica Van Patten stopped to check on Page 6 a suspicious vehicle parked in a parking lot in the 15700 block of E. Broadway. Just before, Deputy Van Patten ran the license plate of the car and learned the registered female owner of the vehicle had a warrant for her arrest. As Deputy Van Patten approached the vehicle, she observed the registered owner was asleep and seated in the front passenger seat. A 24 -year-old male was in the rear passenger seat and immediately noticed Deputy Van Patten's presence. The suspect's left hand moved behind his back as he attempted to conceal a black and white bandana. When Deputy Van Patten requested he roll down the window or open the door, the male appeared very nervous and stared at her for several seconds before eventually opening the door. Deputy Jason Hunt, who arrived at the location to assist, detained the owner of the vehicle pending the verification of her warrant. She told Deputy Van Patten she was a heroin addict, but no narcotics were inside her vehicle and she gave consent for the search of her vehicle. During Deputy Hunt's contact with the male suspect, he provided a false name, and his story differed from the female's. With rising suspicion of criminal activity, Deputy Hunt had the male exit the vehicle. As he did, Deputy Hunt observed a holster and a tube of "Gun Grease" where the male suspect had been sitting and detained him. With consent to search, Deputy Hunt checked the backseat and found a black and white bandana in between the seat back and cushion. Wrapped inside the bandana, he located a loaded .25 caliber, stainless steel Bauer pistol, including one live cartridge in the chamber. A check of the male suspect's correct name revealed a valid felony warrant for his arrest. During a search after his arrest, a holster was found on his right hip. The male suspect claimed it was a phone holder, but Deputy Van Patten noted the holster had a vertically open center making it unlikely a phone wouldn't fall through. Inside a backpack owned by the male suspect, Deputy Van Patten also located a box of .25 caliber ammunition. A criminal history check showed the suspect had been convicted of Residential Burglary in 2014, which precluded him from legally possessing a firearm. The warrant for the female suspect (owner of the vehicle) was checked and the originating agency declined to extradite her from Spokane County. After a search of her vehicle, she was released without being charged. The male suspect was transported and booked into the Spokane County Jail for the felony warrant and a new felony charge of Unlawful Possession of a Firearm 1St Degree. The pistol, ammunition, and holster were seized as evidence. Estranged Husband Stabs Wife, Abducts 5 -Year -Old Son/Amber Alert Issued: Spokane Valley Deputies and Major Crimes Detectives continue investigating the stabbing of an adult female and the abduction of her five-year-old son. The 41 -year-old suspect, who was the estranged husband of the victim and father of the child, fled the scene in a red 2014 Subaru Legacy. In late April, at approximately 5:00 a.m., Spokane Valley Deputies responded to a panic alarm at a residence located in the 12800 block of E. Blossey in Spokane Valley. Deputies arrived to find the side gate wide open. They knocked on the front door and heard a female inside screaming for help. With the front door locked, deputies moved to the back of the residence and discovered the rear door wide open. Upon entering the home, they located the victim, who was bleeding profusely from what appeared to be stab wounds. The victim stated she had recently served her estranged husband with divorce papers. She said this morning, he came to the home, stabbed her and fled with their son. The victim was transported to the hospital with serious, but later determined to be non -life-threatening injuries. An Amber Alert was issued as deputies and detectives worked to ensure the safe return of the victim's son. With the assistance of the United States Marshal's Office, Whitman County Sheriff's Office and Washington State Patrol, detectives located the suspect and his son at a residence located near St. John, Washington. The Spokane County Sheriff's Office SWAT Team and Hostage Negotiation Team, along with members of the Spokane County Sheriff's Office Regional Air Support Unit including flight medics, responded to the scene. After several hours, a negotiator secured the Page 7 safe release of the child to awaiting SWAT Team members. However, the suspect did not surrender, and negotiators continued to work toward a peaceful resolution, which is always the desired goal. Members of the Spokane County Sheriff's Office SWAT Team and Hostage Negotiation Team continued to try and persuade the suspect into surrendering peacefully after he released his five-year- old son, uninjured. A short time later, they lost contact with the suspect, but they continued to try and reestablish communications without success. After 6:00 p.m., SWAT Team members entered the residence and began a slow and methodical search of the residence. Despite their continued efforts to end this very volatile and dangerous situation peacefully, without anyone being injured, they located the suspect deceased inside from an apparent self-inflicted gunshot wound. We would like to thank the public, United States Marshal's Office, Whitman County Sheriff's Office, Washington State Patrol, Spokane Fire Department and Spokane Valley Fire Department Helicopter Rescue Medics (HRM) and additional personnel from Spokane Valley Fire, Spokane County Sheriffs Forensic Unit, Spokane Regional Department of Emergency Management Personnel and Volunteers, Spokane County Sheriff's Chaplains and Whitman County Department of Emergency Management for their assistance. SWAT Team Responds after Wanted Suspect Flees into Home and Threatens to Shoot Deputies: Spokane Valley SWAT Team, Negotiators, K9 Units and the Explosive Disposal Unit (EDU) were utilized to safely take a suspect with a valid Stevens County felony warrant for charges of Child Rape lst Degree, Child Molestation 2nd Degree and Rape of a Child 2nd Degree into custody after the second hours -long standoff in as many days. In late April, at approximately 6:00 p.m., Spokane Valley Sheriff's Deputies responded to a residence located in the 400 block of S. Leta Rd. to check for a wanted 38 -year-old male suspect. Arriving deputies observed the male suspect, who was wanted for several felony charges in Stevens County Washington. He fled into the residence and refused to surrender to deputies, who secured the residence to ensure escape routes were covered as additional patrol units responded to assist. The male suspect chose to refuse to comply with multiple announcements advising the suspect that he was under arrest and to surrender peacefully. During this time, the male suspect responded by threatening to come out shooting. With the seriousness of the felony crimes charged in the warrant for the suspect's arrest and not knowing if he was armed, his refusal to peacefully surrender, his threats to shoot deputies and information he could be suicidal, the SWAT Team, Hostage Negotiation Team (HNT), Spokane Valley Fire Rescue Task Force Team and EDU Technicians were called to the scene. Negotiators made contact with the suspect, but he continued to be defiant, refusing to surrender. SWAT Team members inserted OC and CS chemical agents to make it uncomfortable to stay inside. NFDD (Noise Flash Diversionary Devices, AKA flash bangs), were also used to no effect. EDU mobilized their Robot to make entry into the residence, utilizing its camera to locate the male suspect. The robot located him hiding in a closet hiding under a blanket, which obstructed a clear view of his hands. The male suspect continued to refuse to surrender. Swat Team members deployed 40mm, less -lethal impact munitions, which were also ineffective with the suspect continuing to refuse to exit the home. Eventually, the suspect's hands were found to be empty, and Deputy Hunt deployed K9 Gunnar to take the suspect into custody. K9 Gunnar latched on to the suspect, but he began violently fighting with K9 Gunnar. After an extended fight, Deputy Kullman deployed K9 Kahn to assist, but the suspect's violent actions to resist continued. SWAT TEAM members entered to assist and eventually gained control of the suspect, and took him into custody. The male suspect was provided medical attention and was eventually booked into the Spokane County Jail for his warrants and new charges of felony Harassment -Threats to Kill, Resisting Arrest and Obstructing Law Enforcement. Spokane County SCOPE SIRT Members also Page 8 responded to the scene to assist with Traffic Control. This is the second intense and potentially violent incident where SWAT, HNT, EDU, and HNT members have responded to in two days demonstrating the high amount of dedication for these highly trained and professional special team members. We would also like to thank Derek and everyone at the E. Sprague Yokes for stopping by with donuts and coffee for everyone working at the scene. We are so blessed to have the support of our wonderful community. Seven -Time Convicted Felon and Wanted Suspect Arrested - Stolen Handgun, Heroin, Methamphetamine, and Paraphernalia Recovered: Spokane Valley Deputies located and arrested a seven -time convicted felon for a valid felony warrant for his arrest. Deputies recovered a stolen and loaded 9mm pistol in his waistband and $485 in cash. Once a search warrant for the vehicle he was driving was obtained, they recovered heroin, methamphetamine, and drug paraphernalia. In late April, at approximately 11:10 p.m., Spokane Valley Deputy Jason Hunt, while patrolling in the area of 2104 N. Pines, observed a gray Volkswagen Jetta. This vehicle caught his attention due to a tip that a 23 -year-old male suspect had borrowed a similar vehicle and was carrying a pistol and drugs. Familiar with the suspect from multiple prior contacts, Deputy Hunt knew the male had a valid felony Washington State Department of Corrections Escape Community Custody warrant for his arrest. Additional deputies responded to assist with attempting to locate the male suspect. Deputies Hunt and Sam Turner checked inside the casino where they located the male suspect sitting at a poker table. They advised the suspect he was under arrest and advised him not to move. The male suspect complied and was taken into custody without incident. During a frisk for weapons after his arrest, Deputy Turner located in the suspect's waistband, a loaded Taurus 9mm pistol, later found to have been reported stolen in Kootenai County. Video surveillance recording showed the male suspect arrived in the Volkswagen and went into the casino. The suspect was the only person observed exiting the vehicle. Drug paraphernalia was observed inside the Volkswagen without the need to enter the vehicle. A search of the male suspect was conducted, and $485 in cash and poker chips were recovered along with Volkswagen keys matching the vehicle. The male suspect did not give consent to search the vehicle, and after he was advised of his rights, he became verbally abusive toward deputies, cussing at them while saying he would take them all on if it weren't for the badges and guns. The male suspect's criminal history showed seven felony convictions, several misdemeanor convictions and pending domestic violence charges making it illegal for him to possess a firearm. The male suspect was transported and booked into the Spokane County Jail for Unlawful Possession of a Firearm lst Degree, Possession of a Stolen Firearm, Carrying a Concealed Firearm, Carrying a Firearm Page 9 bsrak HERIFF pagm'Ecomry ' SHERIFF, tafcnorr ar400.K ErCAPPM:'s°..i in a Prohibited Place and his felony warrant. A search warrant for the vehicle was requested and granted. During the search deputies recovered: 9mm ammunition, drug paraphernalia including tinfoil with what appeared to be burnt drug residue, a snort tube with residue, a clear plastic baggie containing a white crystalline substance believed to be methamphetamine, a black box containing scales with a brown residue and two containers of black tar -like substance, individually packaged for sales, believed to be heroin. A field test showed a presumptive positive result for the white substance as methamphetamine and the black substance as heroin. Additional charges of Possession of a Controlled Substance with Intent to Distribute -Heroin, Possession of a Controlled Substance -Methamphetamine were added to the suspect's booking charges. You're Having a Bad Day When: You "Think" You have a Warrant and Attempt to Flee; Your Motorcycle Breaks Down, and You're Arrested for Eluding; You Find Out Your Warrant is Non -Extraditable and Heroin is Found in Your Pocket: A Spokane Valley Sergeant who activated his emergency lights to turn around on Pines to respond to another call, observed a motorcycle accelerate to a high rate of speed and appeared to flee. During a short pursuit, the chain of the motorcycle broke, and the driver was arrested. The driver said he ran because he had a warrant for his arrest, but deputies discovered the warrant was a non -extraditable misdemeanor warrant. Heroin was found in his pocket during a search after his arrest. In late April, just after 9:00 p.rn., Spokane Valley Sergeant Jeff Thurman was traveling south on Pines near Alki, when he heard Detectives request assistance. He activated his emergency lights and turned around. Now traveling north on Pines, he observed a white Suzuki GSXR ahead of him traveling at a high rate of speed. The motorcycle appeared to be accelerating due to the sound of the engines high RPMs. The 29 -year-old male driver appeared to run a red light at Broadway as he turned east. Sergeant Thurman activated his siren and turned east with a green light. He observed and heard the motorcycle rapidly accelerating to a high rate of speed. The male suspect passed another vehicle traveling east by recklessly swerving into the westbound lanes in excess of 80 mph. With clear roads and no pedestrian or vehicle traffic, Sergeant Thurman decided to continue for a short distance with the hope he could get a license plate number, or the suspect would stop. After the male suspect passed McDonald, Sergeant Thurman noticed sparks coming from the rear tire area of the motorcycle and it began to slow dramatically. Near McCabe, the male suspect came to a stop. As Sergeant Thurman stopped behind the bike, he noticed the chain had separated from the sprocket, disabling the motorcycle and ending the suspect's attempt to flee. As the suspect was taken into custody, he uttered, "1(expletive) up and ran because 1 have a warrant." The suspect was advised of his rights and agreed to answer questions. He explained he saw the patrol car with its emergency lights on tum around and knew he had a warrant, so he decided to flee. When Sergeant Thurman explained he was going to a different call, the male suspect said, "Man, messed up." He admitted to traveling well over 80 mph during his failed attempt to evade. A check of the male suspect's name indeed showed a misdemeanor warrant for Driving While Suspended 3rd Degree, but it was not extraditable from Spokane County. It also showed the suspect's driving privileges were still suspended. During a search after his arrest, a baggie containing a black tar -like substance was located in the male suspect's jacket. The substance was later field tested and showed a presumptive positive result for heroin. The male suspect was transported and booked into the Spokane County Jail for Attempting to Elude, Possession of a Controlled Substance -Heroin and Driving While Suspended 3rd Degree. Fourteen -Time Convicted Felon Arrested, Again: Spokane Valley Investigative Unit (SVIU) Detectives involved in an ongoing investigation, observed a 51 -year-old male, driving a Page 10 truck. The male was found to be a 14 -time convicted felon. Oak was arrested for a felony Washington Department of Corrections Escape Community Custody warrant and Driving While Suspended 3'd Degree a short time later. At the time of his arrest, detectives found a black pouch on the ground underneath where the male suspect was handcuffed. The pouch contained what was determined to be methamphetamine as well as a small glass smoking pipe. In late April, at approximately 6:30 p.m., SVIU Detectives, involved in an ongoing investigation, observed the male suspect place a small black bag in a Dodge truck and drive away. SVIU Detectives are very familiar with the male suspect since they have had several contacts with him. He is a 14 -time convicted felon (Possession of a Controlled Substance, Manufacture/Delivery of a Controlled Substance, Burglary, Stolen Vehicle, and Assaults) and a habitual offender who has been armed in the past. In March of 2018, during a warrant service at the conclusion of a separate investigation and with the assistance of the SWAT Team, SVIU Detectives arrested the male suspect charging him with Possession of a Controlled Substance -Methamphetamine and a Washington State Department of Corrections (DOC) Escape Community Custody felony warrant. At that time, his bond was set at $15,000 during his first appearance. The male suspect remained in jail and pled guilty to Conspiracy to Possess a Controlled Substance, receiving a 120 -day sentence. He was released from jail on July 23, 2018, after his time was served. After detectives observed the male drive away, knowing his driving privileges were suspended and he had an active felony DOC warrant for his arrest stemming from the 2018 case, they lost sight of the vehicle for a few minutes due to the suspect's aggressive and reckless driving. They quickly found the vehicle and directed deputies in marked patrol cars to stop the vehicle/suspect. The male suspect pulled into the WinCo parking lot at a high rate of speed, still well ahead of deputies, hastily parked across two stalls and exited the vehicle. The male suspect fled at a brisk walk across the parking lot where Detective McCrillis and Detective Oliphant confronted him. They told the suspect he was under arrest and ordered him to the ground, but he did not comply; the suspect was quickly taken to the ground and handcuffed. When they stood the suspect up, they observed a black pouch on the ground underneath where he was laying. The male claimed the pouch wasn't his and he also claimed he walked to WinCo, denying he drove there. The pouch contained a glass pipe commonly used to smoke controlled substance, along with a baggie containing a white crystalline substance. The substance was later field tested and showed a presumptive positive result for methamphetamine. The male suspect was transported and booked into the Spokane County Jail for his felony DOC warrant. The truck was impounded, and a search warrant was requested. Once obtained, a search of the vehicle was conducted, but the black bag the suspect was observed placing in the truck was not located. At the end of April, detectives added charges of Possession of a Controlled Substance -Methamphetamine, Drive While Suspended 3rd Degree, Obstructing and Reckless Driving. VIP Program In early April, the Sheriff's Office launched the VIP Program on the Sheriff's internet page. The program is a voluntary surveillance camera registration program. We are asking citizens and business owners to go to the web site and register their surveillance camera systems with the Sheriffs Office. We do not have live feed, just information on the system and contact information for the owner of the video system. Once the citizen is registered, the location is loaded in the Sheriff's Regional Intelligence Group's crime map, and law enforcement can access the information for the purpose of giving deputies/detectives a starting point to look for video evidence of incidents, alleviating the deputy/detective having to go door-to-door to canvas the area. It also gives the deputy/detective contact information for the request of video surveillance footage, if the business is closed or the citizens are not home. Based on new media coverage at the beginning of April, 30 people Page 11 had signed up in just the first few days. We appreciate the partnership with the community and look forward to making this a success. Spokane County Sheriff Forensic Unit Earns ANAB Accreditation: On March 1, 2019, the Spokane County Sheriff Forensic Unit became one of five ANAB accredited forensic units/labs in the State of Washington. The Forensic Unit staff has worked incredibly hard to obtain this goal and is now accredited in three disciplines: Friction Ridge (Fingerprints), Crime Scenes, and Digital Evidence. The long and detailed process to gain ANAB/ANSI Accreditation began in early 2017, and it took every member of the unit working together, to obtain this goal. Forensic Unit Supervisor Lacey Miller stated, "The Forensic Unit in Spokane has always held ourselves to a high standard; achieving accreditation gives us another way to demonstrate that. I'm so proud of my team, and I have to thank every one of them for their dedication and professionalism during this process." The Spokane County Sheriff Forensic Unit is the only unit or lab in the State of Washington that has obtained accreditation in Digital Evidence. The lab is additionally accredited in Friction Ridge (fingerprint processing and comparisons, one of five agencies in the state) and Crime Scenes (one of three in the state). Sheriff Knezovich said, "We are proud of the Forensic Unit's accomplishment and this is something everyone in Spokane County, and the region, should be proud of as well. They all worked incredibly hard to earn this and the citizens should know they have one of the finest, hardworking Forensic Units in the state." ANAB is an independent, third -party accreditation provider that assesses agency's compliance with international ISO/IFC standards. In order to maintain accreditation, an agency must pass an initial assessment, and continue with yearly audits to assure ongoing compliance. The Forensic Unit's accreditation will be valid until April of 2023 where they will need to show they continue to meet or exceed the ANAB/ANSI Accreditation Standards. LOCK OBSERVE CARS SHOULD KEEP GARAGE ITEMS IN AND REPORT NEVER RUN DOORS CLOSED YOUR TRUNK UNATTENDED Page 12 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Burglary Month Count Year 2017 2018 2019 January 55 51 33 February 53 26 20 March 42 33 37 April 49 36 35 May 47 34 June 59 29 July 51 44 August 56 51 September 78 38 October 37 48 November 32 49 December 33 47 Grand Total 592 486 125 * IBR Offense: Burglary/Breaking & Entering 220 Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriffs Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Murder NonNeg Manslaughter 1.2 1 0.8 0.6 0.4 0.2 0 cc Z FEBRUARY D q Q �( 7 ■ z • SEPTEMBER OCTOBER • NOVEMBER DECEMBER --1- 2017 — 2018 —t-- 2019 Month Count Year 2017 2018 2019 January February March April May June 1 July 1 August September October November 1 December Grand Total 2 1 *IBR Offense: Murder/Non-Negligent Manslaughter 09A Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Identity Theft Month Count Year 2017 2018 2019 January 9 20 19 February 24 16 10 March 22 13 13 April 16 22 19 May 32 21 June 19 17 July 23 14 August 13 14 September 17 13 October 15 21 November 19 23 December 25 16 Grand Total 234 210 61 *IBR Offense: Identity Theft 26F Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Fraud Month Count ............. ...... Year 2017 201$ 2019 January 26 69 65 February 36 46 31 March 37 59 63 April 43 55 55. May 53 67 June 57 65 July 61 65 August 53 62 September 66 49 October 64 60 November 54 56 December 43 60 Grand Total 593 713 214 * IBR Offense: Fraud - Credit Card/ATM 26B, Fraud - False Pretenses/Swindling/Con Games 26A, & Fraud - Impersonation 26C Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: DUI Month Count Year 2017 2018 2019 January 22 21 32 February 26 18 21 March 33 39 21 April 18 13 27 May 19 33 June 28 23 July 26 15 August 24 28 September 19 37 October 24 33 November 18 31 December 20 22 Grand Total 277 313 101 * IBR Offense: DUI 900 Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Drugs an 70 60 50 40 30 20 10 0 FEBRUARY =-a > w U cc ¢ z cc D Q Q SEPTEMBER OCTOBER NOVEMBER DECEMBER — — 2017 —• 2018 —Jr-- 2019 Month Count Year 2017 20.18 2019 January :19 42 51 February 30 38 42 March 30 64 58 April 37 56 67 May 23 36 June 20 56 July 21 57 August 26 43 September 25 33 October 24 52 November 39 41. December 25 48 Grand Total 319 566 218 IBR Offense: Drug Equipment Violations 35B & Drugs/Narcotics Violations 35A Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56,420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Theft From Motor Vehicle Month Count Year 2017 2018 2019 January 99 75 48 February 104 32 43 March 94 78 70 April 130 62 120 May 78 69 June 197 66 July 97 106 August 69 87 September 118 85 October 70 104 November 52 112 December 70 70 Grand Total 1088 946 281 * IBR Offense: Theft From Motor Vehicle 23F Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Motor Vehicle Theft Month Count Year 2017 20t8 2019 January 44 36 34 February 37 24 22 March 44 28 19 April 42 27 29 May 27 24 June 28 24 July 41 39 August 36 18 September 43 26 October 40 31 November 34 49 December 28 29 Grand Total 444 351 104 * IBR Offense: Motor Vehicle Theft 240 Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Robbery Month Count Year 2017 2018 2019 January 3 6 3 February 6 2 8 March 7 5 4 April 3 6 4 May 2 8 June 1 3 July 4 7 August 1 6 September 4 6 October 4 5 November 3 3 December 1 4 Grand Total 39 61 19 * IBR Offense: Robbery 120 Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42,56.420 Spokane County Sheriffs Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Assault Month Count Year 2017 2018 2019 January 96 84 71 February 95 62 62 March 78 100 74 April 90 88 68 May 93 80 June 93 102 July 95 112 August 73 84 September 92 76 October 87 82 November 84 78 December 84 88 Grand Total 1060 1036 275 * IBR Offense: Aggravated Assault 13A & Simple Assault 13B Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Theft Month Count Year _.. 2017 2018 2019 .January 205 238 238 February 199 165 187 March 214 208 212 April 203 20.2 207 May 235 230 June 251 223 July 236 236 August 222 213 September 213 194 October 237 234 November 219 198 December 198 251 Grand Total 2632 2592 844 IBR Offense: Theft - All Other 23H, Theft - Pocket -Picking 23A, Theft - Purse -Snatching 238, Theft - Shoplifting 23C, Theft From Building 23D, Theft From Coin -Operated Machine 23E, & Theft of Motor Vehicle Parts/Accessories 23G Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56,420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Rape Month Count Year 2017. 2.018 20 January 9 16 3 February 2 4 2 March 3 8 3 April 7 6 5 May 9 l0 June 2 7 July 6 5 August 5 3 September 2 3 October 7 1 November 1 6 December 4 7 Grand Total 57 76 13 *IBR Offense: Rape - Forcible 11A, Sodomy - Forcible 11B, Sexual Assault with Object - 11C Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts 1BR Classification: Counterfeiting Forgery Month Count Year 2017 2018 2019 January 9 18 22 February 11 10 13 March 20 24 17 April 20 22 12 May 26 21 June 15 15 July 21 15 August 14 17 September 20 14 October 18 11 November 9 20 December 9 14 Grand Total 192 201 64 *IBR Offense: Counterfeiting/Forgery 250 Produced: 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56,420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Destruction Damage Vandalism Month Count Year 2017 2018 2019 January 159 146 124 February 148 95 67 March 136 121 121 April 173 127 144 May 139 142 June 143 140 July 178 141 August 149 132 September 160 155 October 119 165 November 131 155 December 105 125 Grand Total 1740 1644 456 IBR Offense: Destruction/Damage/Vandalism 290 Produced; 5/21/2019 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420