2024, 12-17 Formal B Meeting Packet
AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
FORMAL B FORMAT
Tuesday, December 17, 2024 6:00 p.m.
Remotely via ZOOM Meeting and
In Person at Spokane Valley City Hall, Council Chambers
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Council Requests Please Silence Your Cell Phones During Council Meeting
NOTE: Members of the public may attend Spokane Valley Council meetings in-person at the address provided
above, or via Zoom at the link below. Members of the public will be allowed to comment in-person or via
Zoom as described below. Public comments will only be accepted for those items noted on the agenda as
“public comment opportunity.”If making a comment via Zoom, comments must be received by 4:00 pm the
day of the meeting.
Sign up to Provide Oral Public Comment at the Meeting via Calling-In
Submit Written Public Comment Prior to the Meeting
Join the Zoom WEB Meeting
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CALL TO ORDER
PROCLAMATIONS: Senator Padden Recognition, Representative Cathy McMorris Rodgers Recognition
INVOCATION:
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
SPECIAL GUESTS/PRESENTATIONS:
GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any
subject except agenda action items, as public comments will be taken on those items where indicated. Please keep
comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or
discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three
minutes per person. If a person engages in disruptive behavior or makes individual personal attacks regarding
matters unrelated to City business, then the Council and/or Mayor may end that person’s public comment time
before the three-minute mark. To comment via zoom: use the link above for oral or written comments as per
those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required.
A sign-in sheet will be provided at the meeting.
ACTION ITEMS:
1. Ordinance 24-017: Second Reading CTA-2024-0001 Ch. 17.80 permit procedures – Marty Palaniuk
2. Ordinance 24-019: First Reading Amending SVMC 3.49 Donating Surplus Land – Kelly Konkright
\[public comment opportunity\]
3. Resolution 24-013: 2025 Fee Schedule Adoption – Chelsie Walls
\[public comment opportunity\]
Council Agenda December 17, 2024 Page 1 of 2
4. Motion Consideration: Potential Grant Opp: AWC Clean Building Program – Gloria Mantz
\[public comment opportunity\]
5. Motion Consideration: ILA Recreation Classes w/ City of Spokane Parks & Recreation – Kendall May
\[public comment opportunity\]
6. Motion Consideration: Solid Waste Disposal Contract w/ Sunshine Recyclers – Erik Lamb
\[public comment opportunity\]
NON-ACTION ITEMS:
7. Admin Report: Q4 2024 Economic Trends Data – Mike Basinger, Dr. Jones & Dr. Cullen
8. Admin Report: ILA Amendment w/ WSDOT for Signal Maintenance – Jerremy Clark
9. Admin Report: Potential Grant Opportunity: Homeless Outreach Program – Gloria Mantz, Sarah Farr,
Eric Robison
INFORMATION ONLY (will not be reported or discussed):
GENERAL PUBLIC COMMENT OPPORTUNITY: General public comment rules apply.
COUNCIL COMMENTS
CITY MANAGER COMMENTS
ADJOURNMENT
Council Agenda December 17, 2024 Page 2 of 2
Proclamation
CityofSpokaneValley,Washington
ExpressingGratitudeto
U.S.Rep.CathyMcMorrisRodgers
WHEREAS,Cathy McMorris Rodgers has served as an inspiring leader on a statewide and
national stage for more than 30 years including 12 years in the Washington State House of
Representatives (1994-2005), ascending to minority leader in 2001. During her tenure in the
Legislature, she chaired the House Commerce and Labor Committee, the Joint Legislative Audit
and Review Committee and the State Government Committee;and
WHEREAS,in 2004, Cathy was elected to the U.S. House of Representatives. For the past 20
th
years, she Congressional District with a commitment to
improving quality of life and producing positive results for the Spokane Valley community; and
WHEREAS, Cathybecame the highest-ranking Republican woman in Congress and was
selected as Vice Chair of the House Republican Conferencein 2009. She rose to Chair in 2012
and served in that role through 2018; and
WHEREAS, Cathy currently chairs the House Energy and Commerce Committee, the oldest
continuous standing committee that considers policy in the areas of telecommunications,
consumer protection, food and drug safety, public health and research, environmental quality,
energy and interstate and foreign commerce; and
WHEREAS,while in Congress, Cathy spearheaded a number of important causes for Spokane
Valley and the region. Highlights include supporting funding for transportation improvements,
protecting the Columbia River System and Lower Snake River Dams to ensure the availability of
clean and reliable power, addressing the opioid crisis, lowering health care costs, supporting
legislation for individuals with disabilities and furthering assistance for military troops, veterans
and their families;and
WHEREAS,Cathy has sponsored direct appropriations that resulted in funding toward the
design of the Sullivan/Trent Interchange, a pending appropriation for the design of the Barker
Road and I-90 Interchange and she supported the $21.6 million RAISE award for the Pines Road
Grade Separation Project.
NOW, THEREFORE, I, Pam Haley, Mayor of the City of Spokane Valley, on behalf of the City
Council and the citizens of Spokane Valley, do herebyproclaim the c
and her efforts that positively
impacted our community.
Dated this 17thday of December, 2024.
Pam Haley, Mayor
Proclamation
CityofSpokaneValley,Washington
RecognizingMikePaddenfor
45YearsofPublicService
th
WHEREAS,Mike Paddenservicebeganin 1980 as a State Representative of the 4
Legislative District and he was re-elected seven times;and
WHEREAS, in 1995, Mike was appointed as Spokane County District Court Judge and served
three additionalterms,includingtime as Presiding Judge of District Courtuntil2007; and
WHEREAS, Mike helped various jurisdictions set up and improve their DUI courts in his role
as Judicial Outreach Liaison for the National Highway Traffic SafetyAdministration;and
WHEREAS, Mike was elected to the State Senate in 2011 where he is currently serving through
the end of this year. In the Senate, Mike wasRanking Member onthe Law and Justice Committee
and he served on the Transportation and Health and Long Term Care Committees; and
WHEREAS,while in the Legislature, Mike championeda myriad of community causes and
funding for projects. Highlights includeAppleway Trail, Avista Stadiumimprovements, Cross
Course at Flora Park, Barker and Pines Road Grade Separation Projects, Spokane Valley
Heritage Museumimprovements, Balfour ParkVeterans Memorial, Scale House Market, funding
for Spokane Valley Partnersand theBoys & Girls Club and numerous city park projects;and
WHEREAS,as a State Senator, Mike sponsored forty-five bills that becamelaw on a wide range
of topics such as reform for condominium construction,promoting employee-owned businesses,
increased penalties for driving under the influence, clarifying rules on use of body worn cameras,
establishing therapeutic courts, increased penalties for sexual misconduct incorrectional
facilities, tax exemptions for mobility enhancing equipment,adding closed captions on
televisions in public areas, protecting fosterhome facilities, banning organ transplant
discrimination for the developmentally disabled, emergency notifications forprivate schoolsand
protecting and enhancing pollinators for crops; and
WHEREAS, Mike has enrichedthe communityserving as State Commissionerfor American
Legion Baseballand volunteering for Greater Spokane Meals on Wheels, his Parish Council,the
Knights of Columbus and American Legion Post 241.
NOW, THEREFORE, I, Pam Haley,Mayor of the City of Spokane Valley, on behalf of the City
Council and citizens of Spokane Valley, do herebyproclaim the c
Padden for 45 yearsof public service and thank him forhis many contributions to makeSpokane
Valley a safe,healthy and vibrant place to live, work and visit.
Dated this 17thday of December, 2024.
Pam Haley, Mayor
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date:December 17, 2024 Department Director Approval:
Check all that apply:consent old business new business public hearing
informationadmin. reportpending legislationexecutive session
AGENDA ITEM TITLE:Second Ordinance Reading: Ordinance 24-017Amending chapter
17.80 SVMC Permit Processing Procedures
GOVERNING LEGISLATION:Chapter 36.70B RCW;chapter 17.80 SVMC and SVMC
19.30.040.
PREVIOUS COUNCIL ACTION TAKEN:Administrative Report reOrdinance 24-017November
26, 2024;first reading December 10, 2024.
BACKGROUND:CTA-2024-0001is a city-initiated code text amendmentrevising chapter17.80
SVMCto provideconsistency with Senate Bill SB 5290(SB 5290).In April 2023, the Washington
State legislature adopted SB 5290 updating portions of the Local Project Review Act, chapter
36.70B RCW. The update was intended to streamline project review for land use project permits.
Amendments tochapter 36.70BRCWinclude modifiedlocal permit review timelines, clarifications
regarding the determination of completeness process, and provisions requiring partial permit fee
refunds for failure to timely process permit applications, among other things.While SB 5290 has
other components that may affect the City, these are the only itemsnecessary to address within
chapter 17.80 SVMC. The proposed amendment createsconsistency between chapter 17.80
SVMC and chapter 36.70B RCW as amended bySB 5290.
The Planning Commission considered CTA-2024-0001at a study session on October 10, 2024,
and held a public hearing on October 24, 2024.The Planning Commission voted 4-0 (3 members
were absent) to recommend to City Councilthat CTA 2024-0001 be approved with a minor
clarification of the wording in SVMC 17.80.100.B. The Planning Commission’sFindings and
Recommendationare provided.
Washington State Department of Commerce provided comments on November 27, 2024,
suggesting minor modifications to the proposed amendment to maintain consistency with SB
5290. The changes make no substantive change to the permit processing procedures and have
st
been incorporated into the ordinance. The changes were discussed at the 1Reading of the
ordinance on December 10, 2024.
OPTIONS:Move to adopt Ordinance 24-017; or take other action deemed appropriate.
RECOMMENDED ACTION OR MOTION:Move to adopt Ordinance 24-017.
BUDGET/FINANCIAL IMPACTS:There are no anticipated financial impacts.
STAFF CONTACT:Martin Palaniuk,Associate Planner
ATTACHMENTS:1)Draft Ordinance 24-017
2)CTA-2024-0001Planning Commission Findings of Fact and
Recommendation
3) Planning Commission Meeting Minutes: 10-10-2024, 10-24-2024
4) Staff Report CTA-2024-0001 with Power Point Presentation
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 24-017
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE CHAPTER 17.80
RELATED TO LOCAL PROJECT PERMIT REVIEW AND PROCESSING, AND OTHER
MATTERS RELATING THERETO.
WHEREAS, the Local Project Review Act was established in 1995 as the statewide framework
for local government land use planning review and development permitting; and
WHEREAS, The Local Project Review Act is codified in chapter 36.70B RCW which requires
local governments planning under the Growth Management Act to establish by ordinance or resolution an
integrated and consolidated permit process; and
WHEREAS, The City of Spokane Valley adopted the City of Spokane Valley Municipal Code
(SVMC) chapter 17.80 Permit Processing to establish standardized decision-making procedures for
reviewing development and land use applications within the City; and
WHEREAS, the Washington State legislature adopted Senate Bill SB5290 related to
consolidating local permit review processes and amending chapter 36.70B RCW Local Project Review
with effective dates of July 23, 2023, and January 1, 2025; and
WHEREAS, the changes adopted in SB 5290 are codified in chapter 36.70B RCW Local Project
Review; and
WHEREAS, RCW 36.70B.080(1)(d) provides that the time period for local government action to
issue a final decision may be modified by the local government; and
WHEREAS, CTA-2024-0001 is a City-initiated amendment to revise chapter 17.80 SVMC to
incorporate the changes set forth in SB 5290; and
WHEREAS, on October 8, 2024 the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a 60 day notice of intent to adopt amendments to Spokane
Valley development regulations; and
WHEREAS, the Planning Commission held a Study Session related to CTA-2024-0001 on
October 10, 2024; and
WHEREAS, on October 4, 2024 and October 11, 2024, notice of the Planning Commission
public hearing for CTA-2024-0001 was published in the Spokane Valley News Herald; and
Ordinance 24-017 Permit Processing Procedures Page 1 of 19
DRAFT
WHEREAS, on October 24, 2024, the Planning Commission held a public hearing to receive
evidence and information, and to provide an opportunity for public testimony. The Commissioners
subsequently voted 4-0 to recommend that the City Council approve the CTA-2024-0001 with
modifications to SVMC 17.80.100.B for clarity; and
WHEREAS, the Planning Commission approved the Findings and Recommendations as
presented on November 10, 2024; and
WHEREAS, Washington State Department of Commerce provided comments on November 27,
2024, requesting minor modifications to the proposed amendment to maintain consistency with SB 5290;
and
WHEREAS, the requested modifications make no substantive change to the permit processing
procedures and were added to the proposed amendment; and
WHEREAS, the proposed amendment to chapter 17.80 SVMC is in the best interest of the health,
safety, and welfare of the citizens of the City.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend chapter 17.80 SVMC
permit processing procedures to make the chapter consistent with changes to chapter 36.70B RCW Local
Project Review resulting from the adoption of Senate Bill 5290.
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 approval of the amendments. The City Council has read and considered
the Planning Commission’s findings and recommendation, and makes the following findings:
A. The proposed amendment is consistent with the applicable provisions of the
Comprehensive Plan:
Findings: The proposed amendment is consistent with the following goals and policies of
Comprehensive Plan:
ED-G6 Maintain a positive business climate that strives for flexibility, predictability, and
stability.
LU-G4 Ensure that land use plans, regulations, review processes, and infrastructure
improvements support economic growth and vitality.
B. The proposed amendment does bear a substantial relation to public health, safety,
welfare, and protection of the environment.
Ordinance 24-017 Permit Processing Procedures Page 2 of 19
DRAFT
Findings: The proposed amendment bears substantial relation to public health, safety,
welfare, and protection of the environment. The permit processing procedures ensure
timely and transparent review of development applications for the citizens of Spokane
Valley and the development community at large while meeting all local and state
regulations. The amendment will ensure that the permit review process will begin when
an applicant has submitted all the items required on the permit application and is
processed efficiently. The land use application review and approval process will
continue to adhere to established decision timelines and provide for public comments on
development that affects the community. The timelines for permit processing are
appropriate and necessary for a planning staff of four in a City with a population of over
one hundred thousand people. The City continues to provide superior and efficient
service to developers and outreach to citizens within the timelines established by the
code.
C. Conclusion:
The proposed text amendment bears a substantial relation to public health, safety,
welfare, and protection of the environment. The proposed code text amendment to
Chapter 17.80 SVMC, clarifying the complete application requirements, reaffirming
decision timelines, clarifying periods to be excluded from decision timelines, providing
for application refunds when timelines are exceeded, and other matters related is
consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan.
Section 3. Amendment. Chapter 17.80 SVMC is hereby amended as follows:
17.80.010 Purpose and applicability.
A. Purpose. The purpose of Chapter 17.80 SVMC is to establish standardized decision-making procedures for
reviewing development and land use applications within the City. Chapter 17.80 SVMC is intended to:
1. Ensure prompt review of development applications;
2. Provide for necessary public review and comment on development applications;
3. Minimize adverse impacts on surrounding land uses;
4. Encourage flexibility and innovation in the design and layout of development proposals; and
5. Ensure consistency with the Comprehensive Plan and development regulations.
B. Applicability. Chapter 17.80 SVMC applies to all development applications identified in the SVMC.
17.80.020 Types of development applications.
Land use and development applications are classified as follows:
A. Type I procedures apply to permits and decisions issued administratively;
B. Type II procedures apply to administrative actions that contain some discretionary criteria;
C. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria;
D. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale
implementation of public policy;
E. Exempt applications defined in SVMC 17.80.040.
Ordinance 24-017 Permit Processing Procedures Page 3 of 19
DRAFT
17.80.030 Assignment of development application classification.
A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 17.80-1
below:
Table 17.80-1 – Permit Type and Land Use Application
Type Land Use and Development Application SVMC Cross-Reference
Accessory dwelling units 19.40
Administrative determinations by city manager or designee Multiple
or building official
Administrative exception 19.140
Administrative interpretation 17.50.010
Boundary line adjustments and eliminations 20.80
Building permits not subject to SEPA 21.20.040
Floodplain development 21.30
Grading permits 24.50
Type I
Home business permit 19.65.180
Shoreline letter of exemption21.50
Record of survey to establish lots within a binding site plan 20.60.030
Right-of-way permits 22.130.100
Site plan review19.130
Small cell permit 22.121; 22.122
Temporary use permit 19.160
Time extensions for preliminary subdivision, short 20.30.060
subdivision, or binding site plan
Alterations – preliminary and final short subdivisions and 20.60
preliminary and final binding site plans (where there is no
alteration of a public dedication)
Binding site plan – preliminary and final20.50
Emergency shelter and emergency housing19.45
Minor alterations – preliminary subdivisions 20.50
Permanent supportive housing19.45
SEPA threshold determination 21.20.060
Type II
Shoreline conditional use permit 21.50
Shoreline nonconforming use or structure review21.50
Shoreline substantial development permit21.50
Shoreline variance 21.50
Short subdivision – preliminary and final 20.30, 20.40
Transitional housing 19.45
Ordinance 24-017 Permit Processing Procedures Page 4 of 19
DRAFT
Type Land Use and Development Application SVMC Cross-Reference
Transitional parking programs19.45
Vacation – short subdivisions and binding site plans where 20.70
there is no vacation of an area designated or dedicated for
public use
Wireless communication facilities22.120
Alterations –final subdivisions (where a public hearing is 20.50
requested)
Alterations – preliminary and final short subdivisions and 20.60
preliminary and final binding site plans (where there is
alteration of a public dedication)
Conditional use permits 19.150
Subdivisions –preliminary20.30
Type III
Substantial alterations – preliminary subdivisions 20.50
Vacation – subdivision; short subdivisions and binding site 20.70
plans where there is vacation of an area designated or
dedicated for public use
Variance 19.170
Zoning map amendments (site-specific rezones)19.30.030
Annual Comprehensive Plan amendments (text and/or map) 17.80.140
Area-wide zoning map amendments 17.80.140
Type IV
Development Code text amendments17.80.150
B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 17.80-1
shall be assigned a type based on the most closely related application type by the city manager or designee, unless
exempt under SVMC 17.80.040. When more than one procedure may be appropriate, the process providing the
greatest opportunity for public notice shall be followed.
C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits,
shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the
procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified procedures provided in Chapter
21.50 SVMC, Shoreline Regulations, including submittals, completeness review, notices, hearings, and decisions.
D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth
in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law, including but not
limited to 47 USC 1455(a) (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012) and
Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible
facilities requests, collocations, small cell permits, and new wireless communication facilities.
E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as the original
permit type.
17.80.040 Exempt activities.
A. Exemptions. Unless specified elsewhere in SVMC Title 17, the following development activities are exempt
from the procedural requirements of Chapter 17.80 SVMC:
1. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping, or
utilities.
Ordinance 24-017 Permit Processing Procedures Page 5 of 19
DRAFT
2. A change of any legally established use is exempt, unless the change of use requires:
a. An increase in the number of parking spaces provided;
b. A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits;
c. A site plan approval under Chapter 19.130 SVMC, Site Plan Review; or
d. Review by SEPA.
3. Final subdivisions, short subdivisions, and binding site plans.
4. Building permits that are not subject to SEPA.
5. On-site utility permits not obtained in conjunction with a specific development application including, but not
limited to, sewer hook-ups, water hook-ups, right-of-way permits, and fire department permits.
6. Sign permits.
7. Interior remodeling and tenant improvements unless site plan review is required under Chapter 19.130
SVMC, Site Plan Review provided that the interior alterations do not result in the following:
(a) Additional sleeping quarters or bedrooms;
(b) Nonconformity with federal emergency management agency substantial improvement thresholds; or
(c) Increase the total square footage or valuation of the structure thereby requiring upgraded fire access or
fire suppression systems.
B. Other Regulations. Applications exempt pursuant to SVMC 17.80.040 remain subject to all other applicable
standards and requirements of the SVMC.
17.80.050 Development application requirements.
A. Application Forms. All applications shall be made on forms provided by the department. The city manager or
designee shall have authority to modify application forms.
B. Submittal Information. All applications shall include the information required in applicable provisions of the
SVMC as identified in Table 17.80-2 and other additional information required by the department.
C. Land use and development applications shall be signed by the owner(s) of the property.
D. Fees. Fees as required by Chapter 17.110 SVMC, Fees and Penalties.
17.80.060 Final decision authority.
The final decision for application type shall be made by:
A. Type I – the department.
B. Type II – the department.
C. Type III – the hearing examiner.
D. Type IV – the city council preceded by a recommendation by the planning commission.
17.80.070 Required application procedures.
The required procedures for Type I, II, and III applications are set forth in Table 17.80-2 below. The specific
procedures required for Type IV applications are set forth in SVMC 17.80.140 and 17.80.150.
Ordinance 24-017 Permit Processing Procedures Page 6 of 19
DRAFT
Table 17.80-2 – Permit Type and Land Use Application
Pre-application Counter-complete Fully cComplete Notice of
Notice of public Final decision and
Application Typeconference determination determination application
hearing 17.80.120 notice 17.80.130
17.80.080 17.80.09017.80.100 17.80.110
IO X X N/A N/A X
*II**O X X XN/A X
III X X X XXX
X Required O Optional N/A Not Applicable
*Does not apply to SEPA threshold determinations. Refer to SVMC 21.20.070(B)(2) for noticing requirements.
**Except for short subdivisions and binding site plans which require a pre-application meeting.
17.80.080 Preapplication conference.
A. Purpose. To provide the City and other agency staff with a sufficient level of detail about the proposed
development, to enable staff to advise the applicant of applicable approvals and requirements, to acquaint the
applicant with the applicable requirements of the SVMC and other laws, and to identify issues and concerns in
advance of a formal application.
B. Preapplication. Type II and III applicants shall schedule a preapplication conference and provide information
requested in advance of the meeting.
C. Preapplication Waivers. The city manager or designee may waive the preapplication conference if determined
that the proposal has few development-related issues, involves subsequent phases of an approved development, or is
substantially similar to a prior proposal affecting substantially the same property.
17.80.090 Counter-complete determination.
A. Determination and Application Content. Prior to accepting an application, the department shall determine
whether the application is counter-complete. A counter-complete application shall contain all information requested
in the applicable form. Review for counter-complete status does not include an evaluation of the substantive
adequacy of the information in the application.
B. Incomplete Application. If the department determines that the application is not counter-complete, the application
shall be rejected and the applicant advised of the information needed to complete the application.
C. Counter-Complete Application. Counter-complete applications shall be accepted for review for fully complete
determination.
17.80.100 Fully cComplete determination.
A. Determination. Once a counter-complete application has been accepted, the department shall, within 28 calendar
days, provide a written determination delivered by mail or in person to the applicant that the application is fully
complete, or that the application is if incomplete and that the procedural submission requirements have not been
met. If, incomplete, Tthe determination shall outline , a list of what is required to make the application complete.
Upon receipt of the requested material, the department shall conduct another review and respond as set forth above.
The names of agencies of local, state, or federal governments that may have jurisdiction over some aspect of the
application to the extent known by the City shall be provided to the applicant. An application shall be deemed
complete on the 29th day after receiving a project permit application if the City does not provide a written
determination to the applicant that the application is incomplete. The number of days shall be calculated by
counting every calendar day.
B. Within 14 days after the applicant has submitted any additional information identified by the City as necessary,
Tthe City shall notify the applicant whether the an application is fully complete or what additional information is
necessary. within 14 calendar days after the applicant has submitted any additional information identified by the
City as necessary for a complete application.
Ordinance 24-017 Permit Processing Procedures Page 7 of 19
DRAFT
C. Incomplete Application. If the necessary information is not provided by the applicant within 60 calendar days, the
department shall:
1. Reject and return the application;
2. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the
fully complete review process without additional fees; provided, that the required information is provided by a
date specified by the department; or
3. The applicant may withdraw the application by submitting a request in writing and may be entitled to the
return of up to 80 percent of the fees submitted.
D. Fully Complete Application. A project permit application is complete for purposes of this section, SVMC
17.80.100, when it meets the procedural submission requirements as outlined on the project permit application.
Once the department determines that an application is fully complete, the department shall, within 14 calendar days,
issue a notice of application pursuant to SVMC 17.80.110.
E. Request for Additional Information. A fully complete determination shall not preclude the City from requesting
additional information, studies, or changes to submitted information or plans if new information is required, or
substantial changes to the proposal occur.
F. Revocation. An application’s fully complete status may be revoked if the department determines that the
applicant intentionally submitted false information. In the event an applicant’s fully complete status is revoked, the
applicant shall lose any rights granted pursuant to SVMC 17.80.170.
17.80.110 Notice of application.
A. Contents. The department shall issue a notice of application within 14 calendar days after an application is
determined fully complete.
1. All notices of applications shall include the following:
a. The case file number(s), the date of application, and the date a fully complete application was filed;
b. A description of the proposed project and a list of project permits included with the application, as well
as the identification of other permits not included in the application, to the extent known to the City;
c. The proposed SEPA threshold determination, if applicable;
d. The identification of any existing environmental documents that may be used to evaluate the proposed
project;
e. Statement of the public comment period. A statement that the public has the right to comment on the
application, receive notice of the decision, and request a copy of the decision once made, and a statement
of any appeal rights;
f. The name of the applicant or applicant’s authorized representative and the name, address, and telephone
number of a contact person for the applicant, if any;
g. A description of the site, including current zoning and nearest road intersections, sufficient to inform the
reader of its location and zoning;
h. A map showing the subject property in relation to other properties or a reduced copy of the site plan;
i. The date, place, and times where information about the application may be examined and the name and
telephone number of the City representative to contact about the application; and
j. Any additional information determined appropriate by the department.
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DRAFT
2. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type II notice of application shall state:
a. That failure of any party to address the relevant approval criteria with sufficient specificity may result in
the denial of the application;
b. That all evidence relied upon by the department to make the decision shall be contained within the
record and is available for public review, and that copies can be obtained at a reasonable cost from the
department;
c. That, after the comment period closes, the department shall issue a Type II notice of decision.
3. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type III application shall state:
a. That a staff report shall be available for inspection at least seven calendar days before the public
hearing, and written comments may be submitted at any time prior to the closing of the record for the
public hearing.
B. Distribution of Notice of Application. The notice of application shall be published in an appropriate regional or
neighborhood newspaper or trade journal and sent to the following persons by regular mail:
1. The applicant;
2. All adjacent property owners of record as shown on the most recent property tax assessment roll;
3. Any governmental agency entitled to notice; and
4. Any person filing a written request for a copy of the notice of application.
C. Type I Exception. A notice of application is not required for Type I applications.
D. Comment Period. The department shall allow 14 calendar days for Type II applications and 30 calendar days for
Type III applications after the date the notice of application is mailed and posted on the subject property, for
individuals to submit comments. Within seven calendar days after the close of the public comment period, the
department shall mail to the applicant a copy of written public comments, including email communications timely
received in response to the notice of application, together with a statement that the applicant may either submit a
written response to these comments within 14 calendar days from the date the comments are mailed or waive the
response period. If the applicant desires to waive his right to respond to the comments, such waiver shall be
provided to the department in writing. The department, in making its decision on the application, shall consider
written comments timely received in response to the notice of application and timely written responses to those
comments, including email communications, submitted by the applicant.
17.80.120 Notice of public hearing.
A public hearing is required for Type III applications. Unless otherwise indicated, public hearings under Title 17
SVMC shall be conducted by the hearing examiner pursuant to Appendix B.
A. Content of Notice of Public Hearing. Notices of public hearing shall contain the following information:
1. The application and/or project number;
2. Project summary/description of each project permit application;
3. The designation of the hearing body;
4. The date, time, and place of the hearing and a statement that the hearing will be conducted in accordance
with the rules of procedure adopted by the hearing body;
5. General project location, vicinity, address, and parcel number(s), if applicable;
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6. The name of the applicant or applicant’s authorized representative and the name, address, and telephone
number of a contact person for the applicant, if any;
7. The SEPA threshold determination, or description thereof, shall be contained in the notice, along with any
appropriate statement regarding any shared or divided lead agency status and phased review and stating the end
of any final comment period;
8. A statement regarding the appeal process; and
9. The date when the staff report will be available and the place and times where it can be reviewed.
B. Distribution of Notices of Public Hearing. Notices of public hearing shall be mailed, posted, and published at
least 15 calendar days prior to the hearing date and shall be distributed as follows:
1. Notice by Mail. All property owners within 400 feet of the subject property by first class mail. Where any
portion of the property abutting the subject property is owned, controlled, or under the option of the project
property owner, then all property owners within a 400-foot radius of the total ownership interest shall be
notified by first class mail. Property owners are those shown on the most recent Spokane County
assessor’s/treasurer’s database as obtained by the title company no more than 30 calendar days prior to the
scheduled public hearing. In addition, notice shall be sent to the following:
a. Agencies with jurisdiction (SEPA);
b. Municipal corporations or organizations with which the City has executed an interlocal agreement; and
c. Other persons outside of the 400-foot radius who the City determines may be affected by the proposed
action or who requested such notice in writing. Examples of considerations for determining when to
provide notice to other persons who may be affected include, but are not limited to, circumstances such as
large neighboring properties which limit the number of properties receiving notice within the 400-foot
radius, known or likely public interest in the project due to the size of the project or likely substantial
adverse impacts of the project on the neighboring properties, and other similar considerations. Failure to
send public notice to other persons beyond the 400-foot radius shall not be considered inadequate public
notice.
2. Notice by Sign. A sign a minimum of 16 square feet (four feet in width by four feet in height) in area shall be
posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The
sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and
reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows:
a. A minimum of two-inch border on the top, sides, and bottom of the sign;
b. The first line in four-inch letters shall read “Notice of Public Hearing”;
c. Spacing between all lines shall be a minimum of one inch; and
d. The text of the sign shall include the following information in a minimum of one-inch letters:
i. Proposal;
ii. Applicant;
iii. File number;
iv. Hearing (date and time);
v. Location; and
vi. Review authority.
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3. Notice by Publication. Publish one notice in an appropriate regional or neighborhood newspaper or trade
journal.
C. Hearing Procedures. All required hearings shall be conducted by the hearing examiner pursuant to Appendix B.
D. Scheduling of Hearings.
1. The department, in coordination with the hearing examiner, shall prepare an official agenda indicating the
dates and times that matters will be heard. The official agenda shall comply with all time limits pursuant to
RCW 36.70B.110.
2. When practical, minor applications, such as a variance or matters that take less time, shall be heard at the
beginning of the day’s agenda.
3. The hearing examiner may consolidate applications involving the same or related properties for hearing.
E. Staff Reports.
1. The department shall coordinate and assemble the comments and recommendations of other City
departments and commenting agencies, and shall make a written staff report to the hearing examiner on all
applications subject to a public hearing.
2. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed
with the office of the hearing examiner and mailed by first class mail or provided to the applicant. At such time,
the department shall also make the report available for public inspection. Upon request, the department shall
provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing.
3. If the staff report is not timely filed or furnished, the hearing examiner may at his/her discretion continue the
hearing, considering the prejudice to any party and the circumstances of the case.
4. The hearing examiner may make recommendations to the department on the format and content of staff
reports submitted to the hearing examiner.
F. Site Inspections.
1. The hearing examiner may make site inspections, which may occur at any time before the hearing examiner
renders a final decision. The hearing examiner need not give notice of the intention to make an inspection,
unless the site inspection will require the hearing examiner to enter the property, in which case the hearing
examiner shall notify all parties that a site inspection will occur on the premises as part of the decision process
and the hearing examiner will not engage in substantive discussions with the owner/applicant.
2. The inspection and the information obtained from it shall not be construed as new evidence or evidence
outside the record. If an inspection reveals new and unanticipated information, the hearing examiner may, upon
notice to all parties of record, request a written response to such information or reopen the hearing and/or
record to consider the information.
17.80.130 Final decision.
A. Timeline to Make Final Decision – Type I. The department shall approve, approve with conditions, or deny a
Type I application within 60 calendar days after the date the application was accepted as fully complete, unless
accompanied by a SEPA checklist. Time spent by the applicant to revise plans or provide additional studies or
materials requested by the City shall not be included in the 60-day period. An applicant may agree in writing to
extend the time in which the department shall issue a decision. The department’s decision shall address all of the
relevant approval criteria applicable to the development application.
ype II and III. The final decision on a Type II and III application shall be
B. Timeline to Make Final Decision – T
made not more than 120 calendar days (90 calendar days for subdivisions) after the date a fully complete
determination is made.
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C. This period shall not include:
1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City,
including but not limited to the preparation of an environmental impact statement;
2. Time spent preparing an environmental impact statement;
23. Time between submittal and resolution of an appeal; or
34. Any extension of time mutually agreed upon by the applicant and the City in writing;.
4. Any time period excluded pursuant to RCW 36.70B.140(1) and (2).
D. The time periods for the City to process a permit shall start over if an applicant proposes a change in use that
adds or removes commercial or residential elements from the original application that would make the application
fail to meet the determination of procedural completeness for the new use.
E. If, at any time, an applicant informs the City, in writing, that the applicant would like to temporarily suspend the
review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days
after the City has notified the applicant, in writing, that additional information is required to further process the
application, an additional 30 days may be added to the time periods for issuing a final decision. Any written notice
from the City to the applicant that additional information is required to further process the application must include a
notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review. For
the purpose of this subsection, “nonresponsiveness” means that an applicant is not making demonstrable progress on
providing additional requested information to the City, or that there is no ongoing communication from the applicant
to the City on the applicant’s ability or willingness to provide the additional information.
FC. The timeline for all final decisions shall be subject to any changes pursuant to SVMC 17.80.170(G).
GD. Contents of Final Decision. The final decision on Type II and III applications shall contain the following
information:
1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant’s
proposal and of the decision;
2. The address or other geographic description of the subject property, including a map of the site in relation to
the surrounding area, where applicable;
3. The date the decision shall become final, unless appealed;
4. A statement that all persons who have standing under Chapter 17.90 SVMC, Appeals, may appeal the
decision;
5. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an
appeal, and where further information can be obtained concerning the appeal;
6. A statement that the complete case file, including findings, conclusions, decisions, and conditions of
approval, if any, is available for review. The notice of final decision shall list the place, days, and times where
the case file is available and the name and telephone number of the City representative to contact about
reviewing the case file;
7. A statement of the facts demonstrating how the application does or does not comply with applicable approval
criteria;
8. A statement of the basis of decision pursuant to the SVMC and other applicable law;
9. The reasons for a conclusion to approve, approve with conditions, or deny the application;
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10. The decision to approve or deny the application and, if approved, conditions of approval necessary to
ensure the proposed development will comply with applicable law; and
11. The date the final decision is mailed.
EH. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following:
1. The applicant;
2. Any governmental agency entitled to notice;
3. Any person filing a written request for a copy of the notice of application or the final decision; and
4. Any person who testified at the hearing or who provided substantive written comments on the application
during the public comment period and provided a mailing address.
I. Where a final decision is made after the applicable timelines in SVMC 17.80.130, a portion of the permit fee may
be refundedpursuant to RCW 36.70B.080(1)(l).
17.80.140 Type IV applications – Comprehensive Plan amendments, development agreements associated
with a Comprehensive Plan amendment, and area-wide rezones.
A. Initiation. Comprehensive Plan amendments and area-wide rezones may be initiated by any of the following:
1. Property owner(s) or their representatives;
2. Any citizen, agency, neighborhood association, or other party; or
3. The department, planning commission, or city council.
B. Applications. Applications shall be made on forms provided by the City.
C. Application Submittal.
1. Applicant Initiated. Comprehensive Plan amendments and area-wide rezones shall be subject to a
preapplication conference, counter-complete, and fully complete determinations pursuant to SVMC 17.80.080,
17.80.090, and 17.80.100. The date upon fully complete determination shall be the date of registration with the
department.
2. Nonapplicant Initiated. After submittal of a nonapplicant-initiated application, the application shall be placed
on the register.
D. Register of Comprehensive Plan Amendments and Area-Wide Rezones. The department shall establish and
maintain a register of all applications.
E. Concurrent and Annual Review of Register.
1. Sixty calendar days prior to November 1st in each calendar year, the City shall notify the public that the
amendment process has begun. Notice shall be distributed as follows:
a. Notice published in an appropriate regional or neighborhood newspaper or trade journal;
b. Notice posted on all of the City’s official public notice boards; and
c. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest.
2. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent
with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before
November 1st of the current calendar year shall be included in the annual review. Those registered after
November 1st of the calendar year shall be placed on the register for review at the following annual review.
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3. Emergency Amendments. The City may review and amend the Comprehensive Plan when the city council
determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a).
F. Notice of Public Hearing. Comprehensive Plan amendments and area-wide rezones require a public hearing
before the planning commission.
1. Contents of Notice. A notice of public hearing shall include the following:
a. The citation, if any, of the provision that would be changed by the proposal along with a brief
description of that provision;
b. A statement of how the proposal would change the affected provision;
c. A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly
affected or changed by the proposal;
d. The date, time, and place of the public hearing;
e. A statement of the availability of the official file; and
f. A statement of the right of any person to submit written comments to the planning commission and to
appear at the public hearing of the planning commission to give oral comments on the proposal.
2. Distribution of Notice. The department shall distribute the notice pursuant to SVMC 17.80.120(B).
G. Planning Commission Recommendation – Procedure. Following the public hearing, the planning commission
shall consider the applications concurrently, and shall prepare and forward a recommendation of proposed action for
all applications to the city council. The planning commission shall take one of the following actions:
1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote,
recommend that the city council adopt the proposal. The planning commission may make modifications to any
proposal prior to recommending the proposal to the city council for adoption. If the modification is substantial,
the planning commission must conduct a public hearing on the modified proposal;
2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote,
recommend that the city council not adopt the proposal; or
3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.140(G)(1) or (2),
the proposal will be sent to the city council with the notation that the planning commission makes no
recommendation.
H. Approval Criteria.
1. The City may only approve Comprehensive Plan amendments and area-wide zoning map amendments if it
finds that:
a. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and
protection of the environment;
b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the
portion of the City’s adopted plan not affected by the amendment;
c. The proposed amendment responds to a substantial change in conditions beyond the property owner’s
control applicable to the area within which the subject property lies;
d. The proposed amendment corrects an obvious mapping error; or
e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan.
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2. The City shall also consider the following factors prior to approving Comprehensive Plan amendments:
a. The effect upon the physical environment;
b. The effect on open space, streams, rivers, and lakes;
c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods;
d. The adequacy of and impact on community facilities including utilities, roads, public transportation,
parks, recreation, and schools;
e. The benefit to the neighborhood, city, and region;
f. The quantity and location of land planned for the proposed land use type and density and the demand for
such land;
g. The current and projected population density in the area; and
h. The effect upon other aspects of the Comprehensive Plan.
I. City Council Action. Within 60 calendar days of receipt of the planning commission’s findings and
recommendations, the city council shall consider the findings and recommendations of the planning commission
concerning the application and may hold a public hearing pursuant to city council rules. The department shall
distribute notice of the city council’s public hearing pursuant to SVMC 17.80.120(B). All annual amendments to the
Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the city council shall:
1. Approve the application;
2. Disapprove the application;
3. Modify the application. If the modification is substantial, the city council shall either conduct a public
hearing on the modified proposal; or
4. Refer the proposal back to the planning commission for further consideration.
In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC
17.80.140(I)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no
further action shall be required by the city council, although the city council may take such other action as it deems
appropriate.
J. Transmittal to the State of Washington. At least 60 calendar days prior to final action being taken by the city
council, the Washington State Department of Commerce (Commerce) shall be provided with a copy of the
amendments in order to initiate the 60-day comment period. No later than 10 calendar days after adoption of the
proposal, a copy of the final decision shall be forwarded to Commerce.
17.80.150 Type IV applications – Text amendments to SVMC Titles 17 through 24.
A. Initiation. Text amendments to SVMC Titles 17 through 24 may be initiated by any of the following:
1. Property owner(s) or their representatives;
2. Any citizen, agency, neighborhood association, or other party; or
3. The department, planning commission, or city council.
B. Applications. Applications shall be made on forms provided by the City.
C. Application Submittal.
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1. After submittal of an applicant-initiated application, the application shall be subject to a preapplication
conference, counter-complete determination, and fully complete determination pursuant to SVMC 17.80.080,
17.80.090, and 17.80.100.
2. After submittal, the application shall be placed on the next available planning commission agenda.
D. Notice of Public Hearing. Amendments require a public hearing before the planning commission.
1. Contents of Notice. A notice of public hearing shall include the following:
a. The citation, if any, of the provision that would be changed by the proposal along with a brief
description of that provision;
b. A statement of how the proposal would change the affected provision;
c. The date, time, and place of the public hearing;
d. A statement of the availability of the official file; and
e. A statement of the right of any person to submit written comments to the planning commission and to
appear at the public hearing of the planning commission to give oral comments on the proposal.
2. Distribution of Notice. The department shall distribute the notice to the applicant, newspaper, City Hall, and
the main branch of the library.
E. Planning Commission Recommendation – Procedure. Following the public hearing, the planning commission
shall consider the proposal and shall prepare and forward a recommendation to the city council. The planning
commission shall take one of the following actions:
1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote,
recommend that the city council adopt the proposal. The planning commission may make modifications to any
proposal prior to recommending the proposal to the city council for adoption. If the modification is substantial,
the planning commission must conduct a public hearing on the modified proposal;
2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote,
recommend that the city council not adopt the proposal; or
3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.150(E)(1) or (2),
the proposal shall be sent to the city council with the notation that the planning commission makes no
recommendation.
F. Approval Criteria. The City may approve amendments to the SVMC if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and
2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the
environment.
G. City Council Action. Within 60 calendar days of receipt of the planning commission’s findings and
recommendations, the city council shall consider the findings and recommendations of the planning commission
concerning the application and may hold a public hearing pursuant to city council rules. The department shall
distribute notice of the city council’s public hearing pursuant to SVMC 17.80.120(B). By a majority vote, the city
council shall:
1. Approve the application;
2. Disapprove the application;
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3. Modify the application. If modification is substantial, the city council must either conduct a public hearing
on the modified proposal; or
4. Refer the proposal back to the planning commission for further consideration.
In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC
17.80.150(G)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no
further action shall be required by the city council, although the city council may take such other action as it deems
appropriate.
H. Transmittal to the State of Washington. At least 60 calendar days prior to final action being taken by the city
council, Commerce shall be provided with a copy of the amendments in order to initiate the 60-day comment period.
No later than 10 calendar days after adoption of the proposal, a copy of the final decision shall be forwarded to
Commerce.
17.80.160 Optional consolidated review process.
A. Optional Consolidated Review Process. This optional process provides for the consideration of all discretionary
land use, engineering, and environmental permits issued by the City if requested in writing from the applicant.
Permit decisions of other agencies are not included in this process, but public meetings and hearings for other
agencies may be coordinated with those of the city. Where multiple approvals are required for a single project, the
optional consolidated review process is composed of the following:
1. Preapplication Meeting. A single preapplication meeting will be conducted for all applications submitted
under the optional consolidated review process.
2. Determination of Completeness. When a consolidated application is deemed complete, a consolidated
determination of completeness will be made pursuant to SVMC 17.80.100.
3. Notice of Application. When a consolidated application is deemed complete, a consolidated notice of
application will be issued pursuant to the provisions of SVMC 17.80.110.
4. Comment Period. The consolidated application shall provide for one comment period for all permits included
in the consolidated application.
5. The City shall issue a decision(s) for Type I or Type II permits prior to scheduling a public hearing for any
companion Type III permit. Appeals of administrative permits that are part of a consolidated application will be
heard in a single, consolidated open record appeal hearing before the hearing examiner on the same agenda as
the companion Type III application.
6. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit
applications. The notice shall include the Type III permit to be heard and any open record appeals of
administrative portions of the consolidated application.
7. Notice of Decision. The hearing examiner shall issue a single notice of decision regarding all Type I and
Type II appeals and all Type III project permit applications subject to a public hearing.
17.80.170 Vesting of applications.
A. Purpose. The purpose of SVMC 17.80.170 is to implement local vesting regulations that are best suited to the
needs of the City and consistent with state law.
B. Vested Rights. Except for rezones, an application for a land use or development application type set forth in
Table 17.80-1 shall be considered under the development regulations in effect on the date a fully complete
application is filed, pursuant to SVMC 17.80.100.C. Vested Rights for Subsequent Building Permits or Land
Disturbing Activity Permits. Building permit or land disturbing activity permit applications that are filed subsequent
to and related to a prior development permit or application of the types listed in SVMC 17.80.170(C)(1) through
(14) shall be considered under the development regulations in effect at the time a complete application listed in
SVMC 17.80.170(C)(1) through (14) is filed pursuant to SVMC 17.80.100.
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1. Accessory dwelling unit;
2. Boundary line adjustment or elimination;
3. Floodplain development;
4. Site plan;
5. Binding site plan;
6. Shoreline substantial development permit;
7. Shoreline conditional use permit;
8. Shoreline nonconforming use or structure review;
9. Shoreline variance;
10. Shoreline letter of exemption;
11. Short subdivision;
12. Conditional use permit; and
13. Subdivision.
However, an applicant filing a complete application for any subsequent building permit or land-disturbing activity
permit application shall only have such rights as described herein if it is submitted prior to the expiration date of the
permit(s) or approval(s) applied for in the application types listed in SVMC 17.80.170(C)(1) through (14).
D. Development Regulations. For the purpose of SVMC 17.80.170, “development regulation” means those
provisions of SVMC Titles 17 through 24 that exercise a restraining or directing influence over land, including
provisions that control or affect the type, degree, or physical attributes of land development or use. For purposes of
SVMC 17.80.170, “development regulation” does not include fees or procedural regulations.
E. Applicability of Current Building Code. A complete building permit application shall always be subject to that
version of SVMC Title 24 in effect at the time the building permit application is submitted.
F. Rezones Not Acquiring Vested Rights. Notwithstanding any other provision in SVMC 17.80.170, any application
dependent on approval of a rezone application shall not acquire vested rights to any particular development
regulations until the underlying rezone is approved. At that time, the application dependent on approval of a rezone
shall be considered under the development regulations in effect at the time the underlying rezone is approved.
G. Waiver of Vested Rights. At any time during the processing of an application, an applicant may voluntarily opt to
have all applications for a project be governed by development regulations in effect on a date later than the date
provided pursuant to SVMC 17.80.170(B) through (F). The applicant may exercise that option by delivering a
written and signed waiver to the department stating that the property owner agrees:
1. To waive all rights provided pursuant to SVMC 17.80.170(B) through (F) and any related vested rights claim
they may have with the application;
2. To have all applications for the project be governed by all development regulations in effect on the date of
delivery of the waiver, subject to the limitations set forth in SVMC 17.80.170(B) through (F);
3. That any change or modification to the project required or desired pursuant to new development regulations
may result in a new determination of whether the application is still fully complete based upon the changes. In
the event the application or project is changed such that it is no longer fully complete, the applicant shall
provide such information as is required to render the modified application fully complete and the applicant
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shall agree to reset the time period for permit review and processing to the date the modified application is
determined to be fully complete; and
4. That any change or modification to the project may require additional review and processing, revised public
notice, and additional public hearings as required pursuant to Chapter 17.80 SVMC.
In the event an applicant delivers a written and signed waiver meeting the requirements of SVMC 17.80.170(G)(1)
through (4), the application shall be considered under the development regulations in effect on the date of delivery
of the waiver or, if necessary, the new date a modified application is determined fully complete, and any other
subsequent building permit or land disturbing activity permit applications subject to SVMC 17.80.170(C) shall be
considered under the development regulations in effect on the date of delivery of the waiver, or if necessary, the new
date a modified application is determined fully complete.
Section 4. Other sections unchanged. All other provisions of chapter 17.80 SVMC not specifically
referenced hereto shall remain in full force and effect.
everability. If any section, sentence, clause or phrase of this Ordinance should be held to
Section 5. S
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 6. 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 this day of , 2024.
Pam Haley, Mayor
ATTEST:
Marci Patterson, City Clerk
Approved As To Form:
_______________________________
Office of the City Attorney
Date of Publication:
Effective Date:
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Regular MeetingMinutes
Spokane Valley Planning Commission
Spokane Valley City Hall
October 10, 2024
I. Chairman Robert McKinley called the regular meeting to order at 6:00 p.m. The meeting was held in
person and via ZOOM meetings.
The Commissioners and staff stood for the Pledge Of Allegiance.
II. Administrative Assistant Marianne Lemons took attendance, and the following members and staff
were present:
Susan Delucchi, absentTony Beattie, Senior Deputy City Attorney
Michael KellyLori Barlow, Senior Planner
Bob McKinley Martin Palaniuk, Associate Planner
John RobertsonChad Knodel, IT Manager
Vadim Smelik, absentMarianne Lemons, Administrative Assistant
Justin Weathermon, absent
Dan Wilson
There was consensus to excuse Vice-Chairman Delucchi and Commissioner Weathermon.
Commissioner Smelik did not call in and was not excused from the meeting.
III. AGENDA: Commissioner Robertson moved, and it was seconded, to approve the meeting agenda
for August 10, 2024. There was no discussion. The vote on the motion was four in favor, zero
against, and the motion passed.
IV. MINUTES:Commissioner Wilson moved, and it was seconded, to approve the meeting minutes for
the September 26, 2024 meeting. Commissioner Kelly requested one change to add a missing word
to the following sentence under Item #3: Agenda - Chairman McKinley asked for a correction to the
agenda to move Item 6: Commission Reports and Item 7: Administrative Report to after the short
course training because the training began at 6:00 p.m.
Commissioner Robertson moved and it was seconded, to amend the minutes. There was no
discussion. The vote on the motion was four in favor, zero against, and the motion passed.
The vote on the motion approving the meeting minutes as amended was four in favor, zero against,
and the motion passed.
V. COMMISSIONER REPORT: Commissioner Wilson reported that he attended the Chamber of
Commerce Manufacturing Matters Award Dinner on October 3, 2024. Commissioner Kelly reported
that he attended the Spokane Valley City Council meeting on October 8, 2024.
10-10-2024 Planning Commission Minutes Page 2 of 3
VI. ADMINISTRATIVE REPORT: Senior Planner Lori Barlow reported that the City has made an
offer to Steve Roberg for the Planning Manager position. He will begin on November 18, 2024.
The City also completed the review of the Request For Qualifications received for the
ComprehensivePlan Update process. The City will begin the interview process soon.
VII. PUBLIC COMMENT:There was no public comment offered.
VIII. COMMISSION BUSINESS:
a.Study Session: CTA-2024-0001 –Amendments to Chapter 17.80 Permit Processing
Associate Planner Martin Palaniuk gave a staff presentation. He explained that in April 2023,
Washington State legislature adopted Senate Bill (SB) 5290 updating portions of the Local Project
Review Act, Chapter 36.70B RCW. The update is intended to streamline project review for land use
project permits. The legislative update creates inconsistencies within Chapter 17.80 of the Spokane
Valley Municipal Code (SVMC) permit processing procedures. Based on these inconsistencies, the
City needs to review the local project permit timelines, clarify the determination of completeness
process, and address partial permit fee refunds.
Mr. Palaniuk outlined the proposed changes:
Clarify what constitutes a complete application and the determination requirements.
Clarify what time periods are not to be counted within the decision timeline and when time
can be added to the decision timeline.
Add a reference allowing the applicant to request a refund of a portion of the permit fees if
the permit time periods are not met.
Housekeeping items that clarify a requirement but make no substantive change.
Commissioner Kelly asked if this new requirement is more or less restrictive than the Cities current standard.
Mr. Palaniuk responded that the City had shorter requirements for some of the items but did have one item that
will be reduced from the current procedures. The new law dictates that planning permits that require public
notice have a review time of 100 days and the City’s previous standard was 120 days (which will have to be
changed). Planning permits that do not require public notice have a review time of 65 days in law and the City’s
standard was 60 days. Planning permits that require a public hearing have a review time of 170 days in law and
the City’s standard was 120 days.
Commissioner Kelly commented that on Page 5 of 17 under 17.80.100 (A) that the last two sentences could
possibly be rewritten for better understanding and clarity. He also suggested moving the second half of the
sentence to the beginning in Section 17.80.100 (B). W ithin 14 calendar days after the applicant has submitted
any additional information identified by the City as necessary for a complete application, the City shall notify
the applicant whether an application is fully complete or what additional information is necessary.
Mr. Palaniuk stated that the public hearing on this matter will be held on October 24, 2024.
IX. GOOD OF THE ORDER: Commissioner Kelly stated that he will be absent at the October 24,
2024Planning Commission meeting.
10-10-2024 Planning Commission Minutes Page 3 of 3
X. ADJOURNMENT:CommissionerRobertson moved,and it was seconded,to adjourn the meeting
at6:53 p.m.The vote on the motion was fourin favor, zero against,and the motion passed.
_______________________________ __________________________________
Bob McKinley, Chairman Date Signed
____________________________________
Marianne Lemons, Secretary
Regular Meeting Minutes
Spokane Valley Planning Commission
Spokane Valley City Hall
October 24, 2024
I. Chairman Robert McKinley called the regular meeting to order at 6:00 p.m. The meeting was held in
person and via ZOOM meetings.
A fifteen-minute recess was called to allow the remaining Planning Commission Member to arrive.
The meeting was called back to order at 6:15 pm.
The Commissioners and staff stood for the Pledge Of Allegiance.
II. Administrative Assistant Marianne Lemons took attendance, and the following members and staff
were present:
Susan Delucchi Tony Beattie, Deputy City Attorney
Michael Kelly, absent Lori Barlow, Senior Planner
Bob McKinley Martin Palaniuk, Associate Planner
John Robertson Miguel Aguirre, IT Specialist
Vadim Smelik, absent Marianne Lemons, Administrative Assistant
Justin Weathermon
Dan Wilson, absent
There was consensus to excuse Commissioner Wilson, Commissioner Kelly, &
Commissioner Smelik from the meeting.
III. AGENDA: Commissioner Weathermon moved, and it was seconded, to approve the meeting agenda
for August 24, 2024. There was no discussion. The vote on the motion was four in favor, zero
against, and the motion passed.
IV. MINUTES: Commissioner Robertson moved, and it was seconded, to approve the meeting minutes
for the October 10, 2024 meeting. There was no discussion. The vote on the motion was three in
favor, one abstention, and the motion passed.
V. COMMISSIONER REPORT: Vice-Chairman Delucchi reported that she visited California and
roads in Washington are much better than California.
VI. ADMINISTRATIVE REPORT: Senior Planner Lori Barlow reported that the City broke ground
on the Spokane Valley Cross-Country course in partnership with Spokane Sports. She also stated
that the course has already been booked for the 2027 Division Men’s and Women Cross-Country
Regionals.
10-24-2024 Planning Commission Minutes Page 2 of 4
VII. PUBLIC COMMENT: Mike Thacker (Spokane Valley) expressed concern about the Notice of
Application he received for the Family Promise Transitional Housing Use (CSA-2024-0002) located
at 17103 E Main Avenue. He stated that he did not understand the process and why Family Process
was being given the opportunity to request Transitional Housing at this location when the Planning
Commission recommended denial of their Comprehensive Plan Amendment, and the matter was not
put through to the City Council for consideration. Mr. Thacker had a lot of questions regarding the
planning process and Senior Planner Lori Barlow provided some information to Mr. Thacker and
stated that she would reach out to him outside of the meeting to explain the matter in detail.
Mr. Thacker stated that his objections to the project were as follows: Family Promise should not be
allowed to “get another bite of the apple”, the project is located too close to a school with no
proposed road improvements, traffic on Flora Road, the proposed location is a single-family home
and they are planning to put two families per bedroom with only bathroom, there is no on-site
parking, Family Promise does not require background checks or drug tests, there’s no one that will
be monitoring the comings and going of the families or others, and it will tax the police and fire
department with additional services needed.
VIII. COMMISSION BUSINESS:
a. Public Hearing: CTA-2024-0001 – Amendments to Chapter 17.80 Permit Processing
The public hearing was opened at 6:36 a.m.
Associate Planner Martin Palaniuk gave a staff presentation. He explained that in April 2023,
Washington State Legislature adopted Senate Bill (SB) 5290 updating portions of the Local Project
Review Act, Chapter 36.70B RCW. The update is intended to streamline project review for land use
project permits. The legislative update creates inconsistencies within Chapter 17.80 of the Spokane
Valley Municipal Code (SVMC) permit processing procedures. Based on these inconsistencies, the
City needs to review the local project permit timelines, clarify the determination of completeness
process, and address partial permit fee refunds.
Mr. Palaniuk outlined the proposed changes:
Clarify what constitutes a complete application and the determination requirements.
Clarify time-period exclusions and additions to the decision timeline
Add a reference allowing the applicant to request a refund of a portion of the permit fees if
the permit time periods are not met.
Housekeeping items that clarify a requirement but make no substantive change.
Mr. Palaniuk explained the process and the timelines that the City is currently following. He then
outlined the proposed changes that are required due to SB5290. They are as follows:
Complete Determination: The proposed amendment removes the term “fully complete”
throughout the chapter and adds clarifying language that the application is complete once the
“procedural submission” requirements have been met, i.e., all the information listed on the
application has been provided.
10-24-2024 Planning Commission Minutes Page 3 of 4
Decision Timeline: SB 5290 requires local jurisdictions to issue a decision for project permits
that do not require public notice within 65 days of the determination of completeness, within
100 days for projects that require public notice, and within 170 days for projects that require
public notice and a public hearing. The proposed code text amendment makes no changes to
the decision timeline contained in Section 17.80.130 SVMC given the lean planning staff, the
volume and type of land use permit applications the City receives, and the focus on expediting
applications through the review and decision process.
Timeline Exclusions:
o SB 5290 provides that the time period for a local government to process a permit shall
start over if an applicant proposes a change in use that adds or removes commercial or
residential elements from the original application that would make the application fail
to meet the determination of procedural completeness for the new use. The proposed
code text amendment adds language that mirrors this language.
o SB 5290 provides that 30 additional days may be added to the decision timeline if the
applicant requests, in writing, a suspension of the project review for more than 60 days
or if the applicant is nonresponsive for more than 60 days to a written request from the
City for additional information. The proposed code text amendment adds language that
provides for adding an additional 30 days to the decision timeline.
Application Refund: The proposed code text amendment adds language that provides the
applicant with the means to receive a refund in cases where the final decision is made after the
applicable timeline
Mr. Palaniuk stated that the staff recommendation for CTA-2024-0001 is to recommend approval to
the City Council. He also explained that the Planning Commission recommendation will be formalized
in the Findings of Fact that will be presented for approval at the next meeting. The item will then be
forwarded to the City Council for final approval.
Vice-Chair Delucchi asked the consequences of not adopting the requirements in SB5290. Mr.
Palaniuk responded that if the jurisdiction does not adopt their own outlined timelines, the State
guidelines outlined in SB5290 will automatically go into effect on January 1, 2025.
The public hearing was closed at 6:59 p.m.
Vice-Chairman Delucchi moved and it was seconded to recommend approval of CTA-2024-0001 to
the City Council with changes to Section 17.80.100 (B) to read as follows: W ithin 14 calendar days
after the applicant has submitted any additional information identified by the City as necessary for a
complete application, the City shall notify the applicant whether an application is fully complete or
what additional information is necessary. There was no discussion. The vote on the motion was four
in favor, zero against, and the motion passed.
IX. GOOD OF THE ORDER: Chairman McKinley stated that he will not be at the November 14, 2024
Planning Commission Meeting.
X. ADJOURNMENT: Commissioner Robertson moved, and it was seconded, to adjourn the meeting
at 7:05 p.m. The vote on the motion was four in favor, zero against, and the motion passed.
10-24-2024 Planning Commission Minutes Page 4 of 4
_______________________________ __________________________________
Bob McKinley, Chairman Date Signed
____________________________________
Marianne Lemons, Secretary
RegularMeeting Minutes
Spokane Valley Planning Commission
Spokane Valley City Hall
November 14, 2024
I. Vice-Chair Susan Delucchi called the regular meeting to order at 6:00 p.m. The meeting was held in
person and via ZOOM meetings.
The Commissioners and staff stood for the Pledge Of Allegiance.
II. AdministrativeAssistantMarianne Lemons took attendance, and the following members and staff
were present:
Susan Delucchi Tony Beattie, Deputy City Attorney
Michael Kelly Lori Barlow, Senior Planner
Bob McKinley, absent Justan Kinsel, IT Specialist
John Robertson Marianne Lemons, Administrative Assistant
Vadim Smelik, absent
Justin Weathermon
Dan Wilson
There was consensus from the Planning Commission to excuse Chairman McKinley &
Commissioner Smelik from the meeting.
III. AGENDA: Commissioner Robertson moved, and it was seconded, to approve the meeting agenda
for November 14, 2024. There was no discussion. The vote on the motion was five in favor, zero
against, and the motion passed.
IV. MINUTES: Commissioner Weathermonmoved, and it was seconded, to approve the meeting
minutes for the October 24, 2024 meeting. There was no discussion. The vote on the motion was
five in favor and the motion passed.
V. COMMISSIONER REPORT: Commissioner Kelly reported that he was in the country of Nepal,
and he stated that the roads in Washington are much better and he is grateful for the order
established. There were no additional Commissioner reports.
VI. ADMINISTRATIVE REPORT: There was no administrative report.
VII. PUBLIC COMMENT:There was no public comment offered.
VIII. COMMISSION BUSINESS:
a. Findings of Fact: CTA-2024-0001 – Amendments to Chapter 17.80 Permit Processing
11-14-2024 Planning Commission Minutes Page 2 of 2
Senior Planner Lori Barlow provided a brief overview of the Findings of Fact for CTA-2024-0001
explaining how they formalize the Commission’s recommendations made after receiving public
comment during the public hearing and Planning Commission deliberations.
Commissioner Kelly moved, and it was seconded to approve the Findings of Fact for CTA-2024-0001
and forward them to the City Council for approval. There was no discussion. The vote on the motion
was five in favor, zero against, and the motion passed.
b. Motion Consideration: Planning Commission Rules of Procedure Amendment
Deputy City Attorney presented a staff report. He explained that on September 12, 2024, the Planning
Commission voted to approve the Rules of Procedure. Upon preparing to bring the item to Council
for formal adoption by resolution, staff discovered that Section III.B. of the proposed rules had
outstanding items for consideration. He stated that he was bringing this item back to the Planning
Commission to consider options related to how long a Commissioner must have served on the
Commission to be elected by the membership as Chairman or Vice-Chair.
Commissioner Kelly moved, and it was seconded, to add language to Section III.B of the Planning
Commission Rules of Procedure that Commissioners must have served at least nine months and have
attended a minimum of 14 meetings as a Commissioner to be eligible to be elected as an officer. There
was no discussion. The vote on the motion was five in favor, zero against, and the motion passed.
IX. GOOD OF THE ORDER: There were no Commissioner reports.
X. ADJOURNMENT: Commissioner Robertson moved,and it was seconded, to adjourn the meeting
at 6:32p.m. The vote on the motion was five in favor, zero against, and the motion passed.
_______________________________ __________________________________
Bob McKinley, Chairman Date Signed
____________________________________
Marianne Lemons, Secretary
E CONOMIC D EVELOPMENT D EPARTMENT
P LANNING D IVISION
S TAFF R EPORT AND R ECOMMENDATION TO THE
P LANNING C OMMISSION
CTA-2024-0001
S TAFF R EPORT D ATE:October 10, 2024
H EARING D ATE AND L OCATION: October 24, 2024, beginning at 6:00 p.m. This hearing will be
conducted in person and remotely using web and telephone conference tools. A link to the Zoom
meeting isprovided on the agenda for the Planning Commission and posted to the City’s webpage:
www.spokanevalley.org/planningcommission.
P ROPOSAL D ESCRIPTION:A city-initiated code text amendment (CTA) to chapter 17.80SVMCpermit
processing procedures to make the chapter consistent with changes to chapter 36.70B RCWLocal Project
Review resulting from the adoption of Senate Bill 5290.
A PPROVAL C RITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, and 19.30.040.
S UMMARY OF C ONCLUSIONS:CTA-2024-0001 isconsistent with the criteria for review and approval, and
consistent with the goals and policies of the Comprehensive Plan.
S TAFF C ONTACT:Martin Palaniuk, AssociatePlanner
R EVIEWED B Y:Lori Barlow, AICP, Senior Planner
A TTACHMENTS:
Exhibit 1: Proposed Amendment
Exhibit 2: Senate Bill SB-5290
A PPLICATION P ROCESSING:Chapter 17.80SVMC, Permit Processing Procedures. The following table
summarizes the procedural steps for the proposal.
Procedural ActionDate
st
Published Notice of Public Hearing(1Notice):October 4, 2024
Department of Commerce 60-day Notice of Intent to Adopt October 4, 2024
Amendment
nd
Published 2Notice of Public HearingOctober 11, 2024
Regulatory Framework for Local Project Review
The Local Project Review Act was passed in 1995 as the statewide framework for local government land
use planning review and development permitting. The state legislature found that the increase in
environmental laws and development regulations resulted in an increase to the number of local land use
permits and approvals. The increasing number of permits and review processes generated conflict, overlap,
and duplication between the various permits and review processes. This regulatory burden added to the
cost and time needed to permit projects and was confusing to the public. The law intended to make the
permitting process more consistent, predictable, and efficient.
Staff Report and Recommendation CTA-2024-0001
The Local Project Review Act is codified in chapter 36.70B RCW. Pursuant to RCW 36.70B.060, local
governments planning under the Growth Management Act are required to establish by ordinance or
resolution an integrated and consolidated permit process. The City of Spokane Valley adopted the City of
Spokane Valley Municipal Code (SVMC) chapter 17.80 Permit Processing to comply with the
requirements. The purpose of chapter 17.80 SVMC is to establish standardized decision-making procedures
for reviewing development and land use applications within the City. The primary purpose of the chapter
is to ensure prompt review of development applications and provide for necessary public review and
comment on development applications
In 2023, major changes were made to chapter 36.70B RCW with Senate Bill 5290 (SB 5290). The
amendments to chapter 36.70B RCW are intended to consolidate, streamline and further improve local
permit review. The amendments went into effect in the summer of 2023 and are aimed at making
improvements to several areas of local project review.
Complete Determination.
During the land use permit application process the City must determine if the material that the applicant
has submitted is sufficient to review the proposal and to determine if the proposal meets the regulatory
requirements of the municipal code. To make this determination, the City asks for multiple documents that
are identified on the application. Examples of the required documents include a plat map, property
ownership documents, notification material, and concurrency statements from the sewer and water
providers. Intake and the adequacy of the application is done in two distinct actions: counter intake and
completeness review. When the application is submitted at the counter an inventory is completed to
determine that all items listed on the application are present. If the items are present, the application is
determined “counter complete” and accepted for processing. The next review requires staff to conduct a
formal completeness review. This involves a closer examination of the submitted material to determine if
the documents provide the technical information staff will need to determine if the project meets the
regulatory requirements of the SVMC. The information that is required generally increases with the
complexity of the project. Each land use permit application contains a checklist of submittal items and
information that are required when submitting an application. As currently written in the SVMC this closer
examination is termed a “fully complete” determination. This action must be completed within 28 days of
taking the application at the counter and the City must provide the applicant a written determination as to
whether the application is complete or incomplete. If the application is incomplete, then the written
determination must include a list of the items or information that must be provided to make the application
“complete”. The complete determination is important for a couple of reasons. First, it starts the decision
timeline for the project. Second, it vests the application, and the City must consider the land use permit
under the development regulations in effect on the date the application is determined “complete”.
SB 5290 directs that local jurisdictions must determine the application complete when the application meets
the procedural submission requirements of the local government, as outlined on the project permit
application. If the procedural submission requirements have been met, then the need for additional
information or studies may not preclude a completeness determination. The proposed amendment removes
the term “fully complete” throughout the chapter and adds clarifying language that the application is
complete once the “procedural submission” requirements have been met, i.e., all the information listed on
the application has been provided.
Decision Timeline
Timelines for making the final decision for Type I, II, and III land use applications are contained in SVMC
17.80.130. SB 5290 prescribes time periods for local government action to issue a final decision for
complete project permit applications. The timelines should not exceed those provided in the senate bill
unless they are modified by the local government by adoption of an ordinance or resolution. The proposed
code text amendment to this chapter makes no changes to the timelines in SVMC 17.80.130.
SB 5290 differentiates the decision timeline for land use permits based on whether the permit requires no
public notice, public notice, or public notice and a public hearing. The need to provide public notice and
Page 2 of 5
Staff Report and Recommendation CTA-2024-0001
to conduct a public hearing adds to the time required for a local jurisdiction to process a permit and issue a
decision. Generally, a permit may be more readily processed when public notice is not required and will
require additional process time when a public hearing is required. For this reason, SB 5290 requires local
jurisdictions to issue a decision for project permits that do not require public notice within 65 days of the
determination of completeness, within 100 days for projects that require public notice, and within 170 days
for projects that require public notice and a public hearing.
Local governments may adopt modified permit timelines for each of the three timeline categories pursuant
to RCW 36.70B.080(1)(d) which includes the following language:
The time periods for local government action to issue a final decision for each type
of complete project permit application or project type subject to this chapter should not exceed the
following time periods unless modified by the local government pursuant to this section or
RCW 36.70B.140.
RCW 36.70B.080(1)(d) (emphasis added)
The timelines identified in SB 5290 differ from those contained in Section 17.80.130 SVMC. Generally,
the City must issue Type I decision (no public notice) within 60 calendar days, a Type II decision (notice
of application) within 120 calendar days, and a Type III decision (public hearing required) within 120
calendar days from the date the application is complete. The proposed code text amendment makes no
changes to the decision timeline contained in Section 17.80.130 SVMC given the lean planning staff, the
volume and type of land use permit applications the City receives, and the focus on expediting applications
through the review and decision process.
Timeline Exclusions
The City can exclude certain periods of time from the decision timeline. These include time spent by the
applicant to revise plans or provide additional studies or materials; prepare an environmental impact
statement; resolve an appeal; and time mutually agreed upon by the applicant and the City. The proposed
text amendment adds the following clarifying language regarding these exclusions.
SB 5290 provides that the time period for a local government to process a permit shall start over if
an applicant proposes a change in use that adds or removes commercial or residential elements
from the original application that would make the application fail to meet the determination of
procedural completeness for the new use. The proposed code text amendment adds language that
mirrors this language.
SB 5290 provides that 30 additional days may be added to the decision timeline if the applicant
requests, in writing, a suspension of the project review for more than 60 days or if the applicant is
nonresponsive for more than 60 days to a written request from the City for additional information.
The proposed code text amendment adds language that provides for adding the additional 30 days
to the decision timeline.
Application Refund
Pursuant to SB 5290, local jurisdictions must refund a portion of the application fee when the decision
timeline is not met: (a) 10 percent of the application fee must be returned if the final decision was made
after the applicable deadline, but did not exceed 20 percent of the original time period; and (b) 20 percent
if the period exceeded 20 percent of the original time period. The proposed code text amendment adds
language that provides the applicant with the means to receive a refund in cases where the final decision is
made after the applicable timeline. This is done by adding a reference in the code text amendment to the
refund language contained within RCW 36.70B.
Page 3 of 5
Staff Report and Recommendation CTA-2024-0001
A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT
AMENDMENT
1. Compliance with Title 17 SVMC (General Provisions) of the Spokane Valley Municipal
Code
a. Findings:
SVMC 17.80.150(F) identifies the approval criteria for an amendment to Titles 17-27 SVMC.
The City may approve a Municipal Code Text amendment if it finds that:
i. The proposed text amendment is consistent with the applicable provisions of the
Comprehensive Plan:
Staff Analysis: The proposed amendment is supported by the Comprehensive Plan
and is consistent with the following Comprehensive goals and policies:
ED-G6 Maintain a positive business climate that strives for flexibility, predictability,
and stability.
LU-G4 Ensure that land use plans, regulations, review processes, and infrastructure
improvements support economic growth and vitality.
ii. The proposed amendment bears a substantial relation to public health, safety,
welfare, and protection of the environment:
Staff Analysis: The proposed amendment bears substantial relation to public health,
safety, welfare, and protection of the environment. The permit processing procedures
ensure timely and transparent review of development applications for the citizens of
Spokane Valley and the development community at large while meeting all local and
state regulations. The amendment assures that the permit review process begins
when an applicant has submitted all information required on the permit application,
and that the application is processed efficiently. The land use application review and
approval process will continue to adhere to established decision timelines and
provide for public comments on development that affects the community. The City
continues to provide superior and efficient service to developers and outreach to
citizens within the timelines established by the code.
b. Conclusion(s):
The proposed text amendment is consistent with the approval criteria contained in the SVMC
17.80.150(F).
2. Finding and Conclusions Specific to Public Comments
a. Findings:
The City has not received any public comments following the publication of the Notice of
Public Hearing on October 4 & 11, 2024. Additionally, the notice was posted to the City’s
website and added to the weekly public notices e-letter.
b. Conclusion(s):
Adequate public noticing was conducted for CTA-2024-0001 pursuant to adopted public
noticing procedures.
3. Finding and Conclusions Specific to Agency Comments
a. Findings:
The City has not received any substantive agency comments to date.
Page 4 of 5
Staff Report and Recommendation CTA-2024-0001
b. Conclusion(s):
No concerns noted.
B.CONCLUSION
For the reasons set forth in Section A the proposed code text amendment to chapter 17.80 SVMC,
clarifying the complete application requirements, reaffirming decision timelines, clarifying periods to be
excluded from decision timelines, providing for application refunds when timelines are exceeded, and
other matters related thereto is consistent with the requirements of SVMC 17.80.150(F) and the
Comprehensive Plan.
Page 5 of 5
Staff Recommendation
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 17, 2024 Department Director Approval:
Check all that apply: consentold businesspublic hearing
information admin. report new business
AGENDA ITEM TITLE: First Reading of Ordinance 24-19: An Ordinance Amending SVMC 3.49 to
Authorize Surplus Land to be Donated for Affordable Housing and Codify Grant Award Process
GOVERNING LEGISLATION: RCW 39.33.015
PREVIOUS COUNCIL ACTION TAKEN: Not applicable.
BACKGROUND:
RCW 39.33.015 authorizes municipalities to donate, grant, or otherwise dispose of real property owned by
the municipality for less than fair market value when the property is to be used for a public benefit purpose,
which is principally affordable housing. “Affordable housing” is housing that will either be sold or rented
to families whose household income does not exceed 80% of the median household income in the area
where the housing is located.
In order to donate or transfer real property to a third party to develop affordable housing, RCW 39.33.015(3)
requires the City Council, as the legislative body of the City, to first “enact rules to regulate the disposition
of property for public benefit purposes.” The Spokane Valley Municipal Code does not currently contain
such provisions.
If adopted by Council, the attached ordinance will satisfy the requirement of RCW 39.33.015(3) and enable
the City to transfer surplus real estate to third parties by grant (or sale at less than fair market value) for
development of low-income housing. Consistent with RCW 39.33.015, the ordinance requires the following
for any grant of real property for affordable housing purposes:
(a) The transfer must be for a public benefit purpose (i.e. affordable housing);
(b) The deed or other instrument transferring ownership of the property must require the property to
be used solely for the designated public benefit purpose, and provide a remedy in the event the
property ceases being used for the designated purpose;
(c) The recipient must pay all costs of the transfer that would otherwise be paid by the City as a result
of the transfer;
(d) The transfer must not violate any bond covenant or impair any existing contract;
(e) The planned use of the property must be consistent with the existing local zoning code and
comprehensive plan; and
(f) The recipient of the property must be selected through the City’s “request for proposals” or “request
for qualifications” process identified in SVMC 3.46.101(B)
The ordinance also includes a new section codifying the process for making grant awards of public funds
for lawful purposes, such as providing benefits to the poor and infirm.
OPTIONS: Discussion.
RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 24-019 amending SVMC 3.49
to a second reading.
BUDGET/FINANCIAL IMPACTS: Not applicable.
STAFF CONTACT: Kelly E. Konkright, City Attorney
___________________________________________________________________________
ATTACHMENTS: Ordinance 24-19.
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 24 - 019
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY AMENDING CHAPTER 3.49 OF
THE SPOKANE VALLEY MUNICIPAL CODE TO AUTHORIZE LAND TO BE DONATED
FRO AFFORDABLE HOUSING AND CODIFY THE GRANT AWARD PROCESS
WHEREAS, the City Council adopted Chapter 3.49 of the Spokane Valley Municipal Code to
regulate, among other things, how the City may dispose of surplus real estate; and
WHEREAS, the City Council finds that there is a need for development of affordable housing
options within the City for low-income families; and
WHEREAS, RCW 39.33.015 authorizes municipalities to donate, grant, or otherwise dispose of
real property owned by such municipalities for less than fair market value when the property is to be
dedicated for housing that is affordable for those whose income does not exceed 80% of the median
household income in the area where the housing is located; and
WHEREAS, in order for the City to donate, grant, or otherwise dispose of surplus property for less
than fair market value per RCW 39.33.015, the City Council must first enact rules to regulate the disposition
of property for public benefit purposes; and
WHEREAS, the City Council desires to create opportunities for development of affordable housing
for low-income families within the City; and
WHEREAS, the City Council further finds that the development of affordable housing for low-
income families promotes and protects the public’s peace, health, safety and welfare;
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, does ordain as
follows:
Section 1. Amending Title 3, Chapter 49, Spokane Valley Municipal Code. SVMC 3.49 et seq. is
hereby amended as follows:
Chapter 3.49
PROPERTY ACQUISITION, AND DISPOSITION, AND GRANTS
Sections:
3.49.010 Acquisition of real property.
3.49.020 Disposition of City property.
3.49.030 Grant or Transfer of Surplus Real Property for Affordable Housing.
3.49.040 Grant of City funds.
3.49.010 Acquisition of real property.
The city manager is authorized to negotiate the purchase of real property, which shall be based upon a
fair-market value appraisal of the property. The City shall not pay more than fair-market value for any
real property, except as may be approved by the Washington State Department of Transportation on
behalf of the City for road construction projects. Final approval of any purchase of real property shall be
obtained from city council prior to purchase; provided city council may delegate authority for approval
and purchase to the city manager or City staff as may be appropriate. (Ord. 15-022 § 12, 2015).
3.49.020 Disposition of City property.
A. Declaring Real and Personal Property Surplus. The decision to declare City property surplus shall rest
solely with the city council. Personal property with a value of less than $10.00 is declared to be of de
minimis value and exempt from this provision. Employees of the City shall not be allowed to purchase
surplus property from the City.
1. Upon a finding by a department director that the City property is surplus to departmental use, the
city manager shall provide notice of potential disposition to other City departments. If any
department director desires to acquire and use the proposed surplus City property, the property may
be transferred to the requesting department director, or other authorized representative.
2. If no request for the use of proposed surplus property is received from staff, notice and
recommendation of the proposal to declare the City property surplus shall be given to the city
council. The city council may pass a resolution declaring the City property surplus.
3. The city council may declare City property surplus upon one or more of the following criteria:
a. The City has or anticipates no practical, efficient, or appropriate use for the property.
b. The purpose served by the property can be accomplished by use of a better, less costly or
more efficient alternative.
c. The purpose served by the property no longer exists as determined by a change of policy or
practice.
d. The property is damaged, inoperable or obsolete and the cost of repairing the same is
uneconomical or impractical.
e. The property is or is anticipated to be suitable for use as affordable housing as defined by
SVMC 3.49.030(B)(1).
B. Sale of Property. Following passage of a resolution declaring City property surplus, City property shall
be sold or disposed of in accordance with the following:
1. The city manager may dispose of surplus personal property by public auction, bid, or other method
of sale on terms deemed to be in the best interests of the City.
2. Surplus personal property which is unsellable because of obsolescence, wear and tear, or other
reasons may be dismantled, if necessary, and sold as scrap.
3. For surplus real property, the city manager shall either (a) secure a market value appraisal and
proceed to sell the same by public auction or through other procedures the city manager deems to be
in the best interests of the City, or (b) transfer the real property to a third party for affordable housing
development and/or use for less than fair market value or at no cost to the recipient except for
transaction costs that the City would otherwise be liable for as a result of the transfer.
C. Trade of Real Property. Real property may be traded under the following conditions:
1. If the city manager determines that the disposal of real property declared surplus under this section
could realize greater benefit to the City through consideration other than cash, the city manager may
invite prospective purchasers to tender consideration of cash and/or property. Upon receipt of a bid or
offer tendering in-kind consideration, and prior to accepting such bid or offer, the city manager shall
make a report setting forth the benefits of such a transaction. This report shall be made to the city
council at a formal meeting and shall be open to the public.
2. Before accepting any bid or offer containing in-kind consideration, an adequate appraisal shall
have been made by a qualified independent appraiser.
3. If the city council finds that the bid or offer containing the in-kind consideration has more value or
benefit to the City than any other bid or offer submitted, the city manager may accept the bid or offer
containing in-kind consideration.
D. Lease of Public Property. The city manager may authorize the lease or sublease of any property,
including real property, under such terms and conditions as the city manager may deem desirable, fair and
appropriate, either by use of negotiations or bidding in the best interests of the City. Leases of real
property shall not be granted for a period of more than five years, unless otherwise authorized by the city
council. (Ord. 15-022 § 12, 2015).
3.49.030 Grant or Transfer of Surplus Real Property for Affordable Housing.
A. Purpose. The purpose of this section is to provide for the granting, donation, or transfer at less than fair
market value of City real property for public benefit purposes pursuant to RCW 39.33.015.
B. Definitions.
1. “Affordable housing” means housing occupied by low-income and/or very low-income
households (as defined by RCW 43.63A.510), the cost of which for any such occupying
households does not exceed the following:
(i) for rental housing, 30 percent of the household’s monthly income for rent and utilities, other
than telephone; or
(ii) for permanently affordable homeownership, 38 percent of the household’s monthly income
for mortgage principal, interest, property taxes, homeowner’s insurance, homeowner’s
association fees, and land lease fees, as applicable. In addition, total household debt is no more
than 45 percent of the monthly household income.
2. “Public benefit” means affordable housing, which can be rental housing or permanently
affordable homeownership for low-income and very low-income household as defined in RCW
43.63A.510, and related facilities that support the goals of affordable housing development in
providing economic and social stability for low-income persons.
3. “Surplus real property” means real property of the City that the City Council has determined to be
surplus pursuant to SVMC 3.49.020(A).
C. Transfer of Surplus Real Property. The City Manager, with advance approval by the City Council, may
transfer, lease, or otherwise dispose of surplus real property to a public, private, or nongovernmental body
on any mutually agreeable terms and conditions, including a no cost transfer, subject to and consistent
with RCW 39.33.015, so long as:
1. Said transfer is for a public benefit purpose;
2. The recipient of such property pays all costs of the transfer, including but not limited to any
appraisal costs, debt service expense, title fees, excise tax, recording fees and any other liabilities
that would otherwise be paid by the City as a result of said transfer;
3. The transfer, lease, or disposal of the surplus real property does not violate any bond covenant or
encumber or impair any contract;
4. The deed, lease, or other instrument transferring or conveying the surplus real property includes
(a) a covenant or other requirement that the property shall be used for the designated public
benefit purpose; and (b) remedies that apply if the recipient of the property fails to use it for the
designated public purpose or ceases to use it for such purpose;
5. The public benefit purpose and planned use of the surplus real property is consistent with existing
locally adopted zoning code and comprehensive plan; and
6. The recipient is selected through either the “request for proposals” or “request for qualifications”
process identified in SVMC 3.46.010(B).
3.49.030 Grant of City funds.
A. The City Council has the authority to direct the City Manager to make grants of City funds to third
party recipients for any lawful purpose, including for the benefit of the poor and infirm.
B. The recipient of any grant of City funds shall be selected through either the “request for proposals” or
“request for qualifications” process identified in SVMC 3.46.101(B).
C. Any grant of City funds made hereunder shall be made only if the recipient enters into a grant
agreement that, at minimum, (i) identifies the purposes for which the grant funds may be expended, (ii)
when applicable, identifies the performance measures and outcomes to be achieved; (iii) requires the
recipient to provide the City with a report each fiscal quarter that details how the recipient expended the
funds and includes copies of source documents evidencing each expenditure, (iv) identifies the timeframe
within which the grant funds must be used in their entirety, (v) identifies the terms under which the City
can terminate the grant agreement for recipient’s breach of the grant agreement terms and/or the City’s
convenience; and (vi) provides the City with remedies to recover, from the recipient or others, any and all
funds that were either not expended or expended in violation of the terms of the grant agreement.
Section 4. Remainder of SVMC 3.49 – Unchanged. The remaining provisions of SVMC 3.49
are unchanged by this amendment.
Section 5. 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 6. Effective Date. This Ordinance shall be in full force and effect five (5) days after
the date of publication of this Ordinance or a summary thereof in the official newspaper of the City.
PASSED by the City Council this day of , 2024.
Mayor, Pam Haley
ATTEST:
Marci Patterson, City Clerk
Approved As To Form:
Kelly Konkright, City Attorney
Date of Publication:
Effective Date:
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 17, 2024 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: Association of Washington Cities (AWC) Energy
Audit Grant
GOVERNING LEGISLATION: Clean Building Law (House Bill 1257 & Senate Bill 5722)
PREVIOUS COUNCIL ACTION TAKEN:
April 12, 2024: Admin report - Clean Building requirements and two potential grant opportunities
April 23, 2024: Motion Consideration - Clean Building requirements and two potential grant
opportunities
September 17, 2024: Admin report - Department of Commerce Energy Retrofit Grant opportunity
December 10, 2024: Admin report AWC Energy Audit Grant
BACKGROUND:
Governor Inslee signed the Clean Building Law (H.B. 1257) in 2019 and Senate Bill 5722 in 2022.
The Department of Commerce (Commerce) developed energy performance standards for non-
residential buildings. Tier 2 buildings have a gross area between 20,000 and 50,000 square feet
(sq ft). Tier 1 buildings have a gross area that exceeds 50,000 sq ft.
These requirements apply to three city-owned buildings: CenterPlace (56,055 sq ft), City Hall
(65,299 sq ft) and the Police Precinct (22,010 sq ft). Compliance dates for the cand
Tier 2 buildings are June 1, 2028, and June 1, 2027, respectively.
These standards implement the American Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE) Standard 100-2018. WAC 194-50-001. The law aims to reduce carbon
pollution caused by non-residential buildings by establishing energy use intensity targets (EUIt)
specific to Washington. The law has the added effect of requiring buildings to efficiently use
energy saving measures.
There are several preliminary steps required for compliance. First, the City must conduct a
benchmark for Tier 1 buildings which is the process of measuring and tracking energy use. This
process is intended to document building characteristics and energy consumption so it can be
compared to similar buildings. This must be done using at least 12 consecutive months of data.
The benchmark was completed for City Hall and CenterPlace and indicates that City Hall meets
the required target, however, CenterPlace does not. Since July 2024, the city has secured grant
funding to complete an energy audit for CenterPlace.
For Tier 1 and Tier 2 buildings, the City also has to establish and implement an operation and
maintenance (O&M) program. The purpose of this program is to preserve the life of energy
systems. The O&M program must be implemented at least 12 months prior to the compliance
date. Concurrently, the City must establish an energy management plan (EMP) which identifies
energy efficiency measures that will enable the building to meet its target energy use. The EMP
establishes energy efficiency measures to reach and maintain compliance, develops a
replacement schedule of key assets, and establishes training plans.
Page 1 of 2
AWC recently released a Request for Applications (RFA) for cities interested in grant funding for
energy audits and compliance documentation of city-owned Tier 1 and Tier 2 buildings by qualified
energy auditors. This grant intends to assist cities who own Tier 1 and Tier 2 covered buildings in
completing energy audits and compliance documentation. The grant also intends to collect data
Applications are due on January 31, 2025, and tasks must be completed by May 16, 2025.
Key grant information includes:
Applications are due January 31, 2025
$4M is available statewide
There is no match required
Potential grant awards cover full or partial cost of the audit and compliance documentation
depending on availability of funds
The anticipated cost for developing an O&M program and EMP for City Hall, CenterPlace, and
the Precinct is $90,000. This scope of work is eligible for this RFA.
OPTIONS: 1) Proceed with the staff recommendation and move to authorize the City Manager to
apply for the Energy Audit Grant, or 2) take other appropriate action.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to apply for the
Energy Audit Grant as proposed by staff.
BUDGET/FINANCIAL IMPACTS: The estimate to complete the O&M program and EMP required
for CenterPlace, City Hall, and the Police Precinct is $90,000. The grant does not require a match.
STAFF CONTACT: Gloria Mantz, City Services Administrator
ATTACHMENTS: None
Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 17, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
informationadmin. reportpending legislationexecutive session
AGENDA ITEM TITLE: Motion Consideration: Interlocal Agreement for Recreation classes with
the City of Spokane Parks and Recreation.
GOVERNING LEGISLATION: RCW 39.34.080 – Interlocal Agreements.
PREVIOUS COUNCIL ACTION TAKEN: 5/2/23 – Admin report outlining the details of the
original ILA; Council provided consensus to bring back for a motion; 5/9/23 – Council motion
approving original ILA. 11/12/24 – Admin report outlining the new ILA, Council provided
consensus to bring back for motion.
BACKGROUND: The Spokane Valley Parks and Recreation department and City of Spokane
Parks teamed up to provide a variety of outdoor recreation and therapeutic recreation services
beginning in 2023. Working together, Spokane Valley Parks and Recreation staff identified
several outdoor recreational opportunities provided by Spokane, such as guided hikes and
therapeutic recreation classes, which are not currently offered by Spokane Valley, but which can
benefit Spokane Valley citizens. Staff worked to develop a proposed interlocal agreement for
the shared classes and offerings with the City of Spokane. The interlocal identifies program
offerings, each party’s role with respect to the offerings, and how revenues will be collected and
shared between the parties. Both parties would like to continue their collaboration to offer these
services for the greater Spokane community for another three years.
Under the continued interlocal agreement, each party advertises, markets, and takes
registrations for the collaborative programs offered. Spokane Valley agrees to pay Spokane
Parks 70% of class registration revenue as full compensation for everything identified in the
agreement. Spokane Valley retains the other 30%. Payment is made after classes have
completed upon presentation of an invoice to Spokane Valley from Spokane Parks.
Once the interlocal is in place, staff will work together each year to identify joint programming
that will benefit both Spokane City and Spokane Valley residents. Program offerings include
hiking, kayaking, paddleboarding, snowshoeing, cross country skiing and youth and family
tours, as well as therapeutic recreation classes such as trivia nights and paint and taste classes.
OPTIONS: Motion to authorize and approve the Interlocal Agreement with City of Spokane for
Recreational Services, or take other action as deemed appropriate.
RECOMMENDED ACTION OR MOTION: Move to authorize and approve the Interlocal
Agreement with City of Spokane for Recreational Services.
BUDGET/FINANCIAL IMPACTS: The City of Spokane Valley would retain 30% of registration
fees taken through our registration process of the allotted amount agreed upon by both parties.
STAFF CONTACT: Kendall May, Recreation Coordinator
___________________________________________________________________________
ATTACHMENTS: Interlocal Agreement for Recreation Services with the City of Spokane
City Clerk’s No. ____________
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF SPOKANE VALLEY AND THE CITY OF
SPOKANE BY AND THROUGH ITS PARKS AND
RECREATION DEPARTMENT REGARDING JOINT
OFFERING OF CERTAIN RECREATIONAL PROGRAM
CLASSES
This Agreement is between the CITY OF SPOKANE VALLEY, a Washington State
municipal corporation, as “Spokane Valley,” and the CITY OF SPOKANE, a Washington
State municipal corporation,by and through its Parks and Recreation Departmentas
“Spokane Parks”, jointly referred to hereinafter as the “Parties”.
WHEREAS, Spokane Parks provides for the recreational needs of its community
under Section 48 of the City of Spokane Charter; and
WHEREAS, pursuant to the provisions within Titles 35and 35ARCW, Spokane
Parks and Spokane Valley have the statutory authority to conduct recreational programs;
and
WHEREAS, pursuant to RCW 39.34.080, governmental entities may contract with
each other to perform any governmental service which each may legally perform; and
WHEREAS, Spokane Valley wishes to collaborate with Spokane Parks in order to
make available to Spokane Valley constituents some of the recreational programs offered
by Spokane Parks; and
WHEREAS, To facilitate achieving their recreational objectives, the parties have
agreed to cooperate according to the following terms and conditions.
NOW, THEREFORE, for and in consideration of the mutual promises set forth
hereinafter, the Parties to mutually agree as follows:
1.PURPOSE. The purpose of this Agreement is tosummarize the terms and
conditions upon which the Parties will manage the jointly offered recreational programs
described in Exhibit A – Scope of Services (the “Joint Recreational Programs”). This
includes the rights and obligations of the Parties under this Agreement.
2.TERM. Subject to its other provisions, the period of performance of this Agreement
shall commence upon the last date of execution by all Parties and be completed by
December 31, 2027, unless terminated sooner as provided herein. This Agreement shall
supersede the Interlocal Agreement between the Parties executed on June 8, 2023.
3.TERMINATION. Except as otherwise provided in this Agreement, either of the
Parties may terminate this Agreement upon thirty (30) days written notification. If this
Agreement is so terminated, the terminating Party shall be liable only for performance in
accordance with the terms of this Agreement for performance rendered prior to the
effective date of termination.
4. CONTRACT MANAGEMENT. The Parties hereby appoint the following
individuals, or their designees, as their representatives for the purpose of ensuring that
the provisions of the Agreement are satisfied.
SPOKANE PARKS AND RECREATION DEPARTMENT:
Director
Spokane Parks and Recreation Department
Fifth Floor, City Hall
808 West Spokane Falls Boulevard
Spokane, WA 99201
CITY OF SPOKANE VALLEY:
City Manager, or designee
10210 E. Sprague Avenue
Spokane Valley, WA 99206
Designated main contact:
Director
Spokane Valley Parks and Recreation Department
2426 North Discovery Place
Spokane Valley, WA 99216
5. PERFORMANCE.
A. The above-designated representatives will meet as needed to decide
matters pertaining to the administration of the Joint Recreational Programs
listed in Exhibit A.
B. The Joint Recreational Programs listed in Exhibit A may be amended,
modified, canceled, or added to through the mutual agreement of the above-
designated representatives.
C. Spokane Parks shall provide all required labor and materials, including but
not limited to equipment, qualified instructors, guides,participant
accommodations, and transportation as needed for Joint Recreational
Programs at its sole expense. Spokane Parks shall be responsible for
scheduling facilities and coordinating reservations for the Joint Recreational
Programs.
D. Each Party shall advertise for the programs through their own agencies.
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E.Each Party shall take registrations for the programs. Spokane Valley may
register an agreed upon number of participants for the programs in Exhibit
A as presently constituted or hereinafter amended. The cost of registration
for each participant shall be the same for all registrants of that same
program regardless of the Party through whom the participant registers.
The Parties will communicate through the registration process for program
coordination and logistical purposes.The Parties shall ensure that its
registrants sign a Release of Liability & Waiver of Certain Legal Rights
agreed to by the Parties prior to their participation in the program. Program
instructors, leaders, guides, and contractors shall also be required to sign a
Release of Liability & Waiver of Certain Legal Rights prior to
commencement of the program.
F. Spokane Valley agrees to pay Spokane Parks 70% of class registration
revenue as full compensation for everything done under this Agreement, as
set forth in Exhibit A.
G. Spokane Parks shall present an invoice to Spokane Valley after classes
have been completed. Payment shall be sent to the City of Spokane
Finance Department at 808 W. Spokane Falls Boulevard, Spokane, WA
99201.
6. INDEMNITY AND HOLD HARMLESS. Spokane Parks shall defend, indemnify
and hold harmless Spokane Valley, its officers, officials, agents, employees and
volunteers from any and all claims, injuries, damages, losses or suits including attorney
fees in connection with or arising out of the wrongful or negligent acts, errors, or omissions
of Spokane Parks, its officers, officials, agents, employees, volunteers, contractors, or
subcontractors relating to or arising out of performance of this Agreement. Spokane
Valley shall defend, indemnify and hold harmless Spokane Parks, its officers, officials,
agents, employees and volunteers from any and all claims, injuries, damages, losses or
suits including attorney fees in connection with or arising out of the wrongful or negligent
acts, errors, or omissions of Spokane Valley, its officers, officials, agents, employees and
volunteers relating to or arising out of performance of this Agreement.
Each Party’s duty to indemnify shall survive the termination or expiration of this
Agreement.
7. INSURANCE.
During the course of this Agreement, each Party agrees to procure and maintain self-
insurance with limits for General Liability of at least $2,000,000. Upon request by the
other Party, each Party shall provide the other a letter evidencing self-insurance.
8. COUNTERPARTS. This Agreement may be executed in one or more counterparts,
each of which, when so executed and delivered, shall be an original, but such
3
counterparts shall together constitute but one and the same delivered, shall be an original,
but such counterparts shall together constitute but one and the same Agreement.
9. ENTITIES / PROPERTY.
A. No new entities are created by this Agreement.
B. No real or personal property will be transferred as part of this Agreement.
C. No joint board will be created to administer the provisions of this Agreement.
10. RELATIONSHIP OF THE PARTIES. The Parties intend that an independent
contractor relationship will be created by the Agreement. No agent, employee, servant
or otherwise of a Party shall be deemed to be an employee, agent, servant, or otherwise
of any other Party for any purpose, and the employees of a Party are not entitled to any
of the benefits that any other Party provides for its employees. Each Party shall be solely
and entirely responsible for its acts and for the acts of its agents, employees, servants,
subcontractors, or otherwise during the performance of this Agreement.
11. RECORDS MAINTENANCE. The Parties shall each maintain books, records,
documents and other evidence which sufficiently and properly reflect all direct and indirect
costs expended by all Parties in the performance of the services described herein. These
records shall be subject to inspection, review or audit by personnel of the Parties, other
personnel duly authorized by any Party, the Office of the State Auditor, and federal
officials so authorized by law. The Parties will retain all books, records, documents, and
other materials relevant to this agreement for five years after expiration and the Office of
the State Auditor, federal auditors, and any persons duly authorized by the parties shall
have full access and the right to examine any of these materials during this period.
12. AGREEMENT TO BE FILED. Spokane Parks shall file this Agreement with their
City Clerk and post it on their internet website. Spokane Valley shall file this Agreement
with its City Clerk and shall either file this Agreement with the Spokane County Auditor or
post it on its internet website,
13. MISCELLANEOUS PROVISONS.
A. Non-Waiver. No waiver by any Party of any of the terms of this Agreement
shall be construed as a waiver of the same or other rights of that Party in
the future.
B. Entire Agreement. This Agreement contains the entire understanding of the
Parties. No representations, promises, or agreements not expressed
herein have been made to induce any Party to sign this Agreement.
4
C.Modification. Except as specifically denoted elsewhere in this Agreement,
no modification or amendment to this Agreement shall be valid until put in
writingand signed with the same formalities as this Agreement.
D. Assignment. No Party may assign its interest in this Agreement without the
express written consent of the other Parties.
E. Severability. In the event any portion of this Agreement should become
invalid or unenforceable, the rest of the Agreement shall remain in full force
and effect.
F. Compliance with Laws. The Parties shall observe all federal, state and local
laws, ordinances and regulations, to the extent that they may be applicable
to the terms of this Agreement.
G. Nondiscrimination. No individual shall be excluded from participation in,
denied the benefit of, subjected to discrimination under, or denied
employment in the administration of or in connection with this contract
because of age, sex, race, color, religion, creed, marital status, familial
status, sexual orientation, national origin, honorable discharged veteran or
military status, the presence of any sensory, mental or physical disability, or
use of a service animal by a person with disabilities.
H. Venue Stipulation. This Agreement shall be construed under the laws of
the Washington State. Any action at law, suit in equity or judicial proceeding
regarding this Agreement or any provision hereto shall be instituted only in
courts of competent jurisdiction within Spokane County, Washington.
14. CHAPTER 39.34 RCW REQUIRED CLAUSES.
A. Purpose. See Section 1 above.
B.Duration. See Section 2 above.
C. Organization of Separate Entity and Its Powers. See Section 9 above.
D. Responsibilities of the Parties. See provisions above.
E. Agreement to be filed. This Agreement may be filed with the Parties’
respective City Clerks and published on the Parties’ websites, as available.
F. Financing. Each party shall be responsible for the financing of its contractual
obligations under its normal budgetary process.
G. Termination. See Section 3 above.
5
H.Property upon Termination. No property acquisitions expected, see Section
5 above.
I.Contract Administration. See Section No. 4 above.
IN WITNESS WHEREOF, the Parties hereby execute the above Agreementto be
executed on the date and year set forth herein.
Dated this _______ day of ____________, 2025.
CITY OF SPOKANECITY OF SPOKANEVALLEY
PARKS AND RECREATION
By ______________________________ By ____________________________
Director of Parks and Recreation City Manager
Attest:Attest:
By ____________________________ By ____________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
By ____________________________ By ____________________________
Assistant City Attorney Office of the City Attorney
M24-264
6
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 17, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
informationadmin. reportpending legislationexecutive session
AGENDA ITEM TITLE: Motion – Approval of Solid Waste Transfer, Transport, and Disposal
Agreement with Sunshine Recyclers, Inc.
GOVERNING LEGISLATION:
Chapter 70A.205 RCW: Solid Waste Management—Reduction and Recycling
Chapter 70A.300 RCW: Hazardous Waste Management
RCW 35.21.120
PREVIOUS COUNCIL ACTION TAKEN:
2014: Approved 10-year Agreement with Sunshine Recyclers, Inc. (Sunshine) for Solid
Waste Transfer, Transport, and Disposal services
April 23, 2024 - Administrative Report on the Transfer Station, Transport & Disposal
Agreement
June 18, 2024 - Administrative Report on the Transfer Station, Transport & Disposal
Agreement
July 16, 2024 – Administrative Report on the Transfer Station, Transport & Disposal
Agreement
July 23, 2024 – Council selected Sunshine for a 20-year contract and authorized staff to
negotiate a final contract for Council approval.
December 10, 2024 – Administrative Report on proposed agreement with Sunshine for Solid
Waste Transfer, Transport, and Disposal services
BACKGROUND:
In 2014, City Council voted to assume responsibility of managing the solid waste generated
within the City by privately contracting for all solid waste services in the City, including:
1. Transfer station, transport, and disposal services
2. Residential and business collection services, and
3. Drop-box collection services.
The responsibility for the City to manage its own solid waste program was progressively
assumed primarily through the following key Council actions:
2014: Authorizing 10-year Solid Waste Disposal Contract with Sunshine Disposal and
Recycling, Inc. (Sunshine) for University Road Transfer Station Operation
(Expires December 31, 2024)
2014: Adopting Solid Waste Management Plan
2014: Adopting Moderate Risk Waste Plan
2017: Authorizing 10-year Solid Waste Collection Contract with Waste Management for
Solid Waste Curbside Collection of Garbage, Recyclables and Compostables
(Expires March 31, 2028)
2017: Authorizing 10-year Solid Waste Collection Contract with Sunshine for Solid
Waste Drop Box Services (Expires March 31, 2028)
2017 Authorizing 10-year Solid Waste Collection Contract with Waste Management for
Solid Waste Drop Box Services (Expires March 31, 2028)
Transfer, Transport, and Disposal Contract
The 2014 transfer, transport, and disposal contract with Sunshine for operations of the
University Road Solid Waste Transfer Station expires at the end of 2024.
In late spring and summer of 2024, City Council received information from Sunshine and
Spokane County about possible options for transfer, transport, and disposal services for 2025
and beyond. On July 23, 2024, City Council selected Sunshine for a 20-year contract and
authorized Staff to negotiate a final contract for Council approval. The City and Sunshine have
completed negotiations and the final proposed contract is being presented for Council review
and approval.
Key terms of the agreement are discussed below and were discussed at length during the
December 10, 2024 administrative report.
Sunshine Disposal & Recycling
Services Transfer Services: Maintain transfer station to accept and handle municipal solid waste,
Provided recycling, organics, construction and demolition waste, bulky waste/white goods, and
moderate risk waste. Recycling and moderate risk waste services are provided at no
cost to customers.
Transport Services: Transport municipal solid waste, recycling, organics, construction
and demolition waste, bulky waste/white goods, and moderate risk waste to landfill or
appropriate processing facilities.
Disposal Services: Contractor is responsible for providing and ensuring that municipal
solid waste is disposed, recycling is recycled, organics are composted, construction
and demolition waste is landfilled, bulky waste/white goods are processed
appropriately, and moderate risk waste is processed appropriately.
Term The Agreement has a 10-year initial term. After 10 years, Council may (1) approve a
second 10-year term or (2) terminate and seek different means to provide services. If
the agreement is terminated at year 10, the agreement provides for an automatic
additional 2 year period to allow both parties to transition to different services, resulting
in a net minimum 12-year term.
Rates NOTES:
(Initial rates 1) Rates do not include the state’s 3.6% refuse tax
starting January 1,
2) Rates do not include the City’s administrative and maintenance fee
2025)
3) Spokane County has identified rate of $130.42 per ton for solid waste for 2025
4) Recycling is provided at Transfer Facility at no charge
5) Moderate risk waste (e.g., paint disposal) provided at Transfer Facility at no charge
Solid Waste (e.g., garbage or municipal solid waste)
• $126.23 per ton
• Minimum $19.81 (300 pounds)
Organics (e.g., compostable yard waste and food scraps)
• $71 per ton
• Minimum $13.40 (390 pounds)
Sunshine Disposal & Recycling
Administrative Fee to pay forcosts of administrationof agreement, management of solid waste within
and Maintenance the City, and impacts of transport operations to City streets that is paid by ratepayers
Fee who benefit from and use the services.
Added to total rate (so additional to rates identified above).
Set annually by City Council
Initially recommended at $0/ton based on identified needs for 2025 and existing fund
balance that can pay for those needs.
NOTE:
Administrative and Maintenance fee combines prior separate Administrative Fee and
Roadwear Fee into one fee.
Rate Adjustment Rates are automatically adjusted annually by 95% of CPI.
Capacity Sunshine has identified that with capital improvements, the facility can meet current
and future demand for all waste types for term of agreement. Capital costs are built
into the solid waste rates. Capital improvements are required to be started by June 30,
2025 and completed by December 31, 2027, or else City may require an equitable
adjustment in the rates to ensure ratepayers receive benefit of the improvements over
the term of the agreement. Services will continue to be provided while improvements
are installed and constructed.
Designated City must require designated haulers to haul and deliver municipal solid waste to the
Haulers Sunshine Transfer Facility. This is accomplished through the City’s collection
contracts.
NOTE: Does not require Designated Haulers to take recyclables, organics, or
construction and demolition waste to Sunshine and so Designated Hauler may take
those to lowest cost facility (e.g., Spokane County for organics) or directly to
processing (e.g., WM Spokane Materials and Recycling Technology (SMaRT) Center
for recycling).
Customer Specific customer service requirements included in Agreement, including days and
Service hours of operation, customer service center operations standards to handle customer
complaints and ensure timely responses (i.e., calls to be answered in approximately 20
seconds), providing informative website, documenting complaints for City review,
meeting requirements for certain staffing (i.e., maintaining appropriate scale house
staffing, spotter and screener staffing, and moderate risk waste technicians), training
requirements for waste screening and processing, and ensuring receipt of solid waste
from Spokane Valley citizens is processed timely without interruptions or disruptions.
Sunshine Disposal & Recycling
Education,Grant Education: In order to assist City in meeting its obligations under state law, Contractor
Assistance, and shall provide assistance in developing, distributing, and providing necessary education
Community and educational materials.
Clean-up events
Grant Assistance: Historically, the City has not applied for solid waste-related grants
due to the reporting requirements and limited dedicated and available City staff.
Ecology provides annual Local Solid Waste Financial Assistance grants to fund
moderate risk waste, recycling, and organics related projects. Grants historically have
ranged from between $100-200K annually. During negotiations, the City identified that
these grants may provide opportunities to pay for certain services that would result in
decreases in rates paid by ratepayers and/or provide additional services that are
beneficial to residents. In order to provide future opportunities, the Parties have agreed
to work cooperatively towards any grant opportunities that may be desired.
Community Clean-up Events: In the event the City desires to establish community
clean-up events, the Agreement provides a mechanism for Sunshine’s participation and
how the costs of such events would be paid.
Flexibility Contractual mechanisms are included to address significant unanticipated levels of
growth in population or solid waste (such as due to changes in law or through
annexation); significant unanticipated changes in organics; and changes to services
required by changes in law.
Emergency Emergency Operations: Provides a plan for operations in the event the Sunshine
Operations and Transfer Facility cannot accept waste (e.g., due to fire at facility). The City will be
Emergency working with Sunshine and other regional transfer station providers to discuss other
Events options within Spokane County.
Emergency Events: In the event of a disaster requiring additional clean-up efforts (i.e.,
significant windstorm), the City may request Sunshine to provide debris clean-up
assistance by providing additional means for receiving such debris. Provides
mechanism for how costs will be paid.
Performance There are a variety of standards required to be met by Contractor in providing the
Standards Services under the Agreement, including, but not limited to, transfer facility set-up
requirements (e.g., paved, fenced, traffic control devices installed, etc.); requirements
for sufficient equipment, staff, and facility capacity to handle all solid waste efficiently
and safely; time requirements for municipal solid waste to be removed from the transfer
facility; regular litter clean-up for the transfer facility and nearby streets; onsite snow
removal; identified times for processing self-haulers (40 minutes) and Designated
Haulers (30 minutes); preventing vehicle queuing onto Montgomery Avenue;
allowances for modifying lane usage to handle commercial traffic during high volume
periods; standards for modifications to operations to address specific requests from
Designated Haulers (e.g., accepting loads after normal business hours); and safe
operating conditions on the tipping floor.
Reporting There are extensive reporting requirements to ensure the City understands the ongoing
Requirements operations and needs of the community, to ensure that the Contractor is meeting its
obligations under the Agreement, and to ensure the City may meet its obligations under
its Solid Waste Management Plan and state law.
Regularly Other terms to manage the City’s risk are included, such as insurance coverage,
required terms indemnification of the City, surety requirements, business registration, and other similar
requirements.
Sunshine Disposal & Recycling
Solid Waste
Management City remains responsible for solid waste management. This requires dedicated staff
time and costs to develop, maintain, and carry out the City’s Solid Waste Management
Plan, to manage the Disposal and Collection contracts, and to apply for and utilize any
solid waste-related grants. Staff and related costs are paid from the administrative fees
collected under the Sunshine Disposal and WM Collection contracts.
NOTE:
The City is currently updating its Solid Waste Management Plan. City staff anticipate
that there are likely substantial changes to required activities for the City under the new
Solid Waste Management Plan due to changes at Ecology and changes in state law in
the last several years.
Administrative and Maintenance Fee. As part of its management of solid waste, the City is
required to comply with a variety of state requirements, including development and
implementation of the City’s Solid Waste Management Plan, compost procurement reporting
(starting in 2025), education regarding waste reduction, recycling contamination reduction, litter
control, and organics material management, and enforcement responsibilities for a variety of
solid waste purposes. The City’s activities, both directly through staff work and in conjunction
with the services provided by its contractors, meet these statutory and regulatory requirements.
To pay for costs associated with its solid waste management program, the City has collected
fees through certain of its solid waste contracts.
Historically, under the Sunshine Disposal agreement, the City has received (1) an administrative
fee to pay for costs of administration of agreement and management of solid waste within the
City, and (2) a “right-of-way maintenance” fee to pay for impacts of tonnage above that received
at the transfer facility from the City. Historically, the administrative fee was set at $125,000
annually and each year it was collected by applying a rate per ton based on estimated annual
tonnage. That fee was then added to the then-current solid waste service fee and paid by users
of the transfer facility. In 2024, the administrative fee rate is $1.40/ton. The right-of-way
maintenance fee was a fee included within the rates at the time the agreement was initially
executed. The right-of-way maintenance fee has averaged approximately $103,000 annually for
the last three years and was put towards street purposes.
The City also receives a City Fee as part of its WM Collection Agreement to address impacts
from WM trucks on City streets, to pay for costs of administering the Agreement, and to pay for
management of solid waste within the City. The City has historically used the majority of this
fee towards its local streets program, though it was moved to Fund #101 for pavement
preservation and maintenance in the 2025 Budget. The remainder has been added to the
administrative fee from the Sunshine agreement and has gone towards administrative purposes
for the City’s solid waste program.
The City has used the administrative fee funds from Sunshine and WM to pay for a variety of
uses, including staff costs for managing contractors, reviewing reports to assess performance of
waste collection and recycling services, and responding to citizen complaints; consultant costs
for assistance in addressing contractual management issues; reviewing, developing, and
working with contractors on educational campaigns about collection options, waste reduction,
recycling and organics programs, and proper waste disposal practices; nuisance abatement
costs; costs for publishing announcements; and costs for development of the 2025 Solid Waste
Management Plan Update.
In some years, the collected fees were put back to customers through reduced total service fees
or minimum charges. The City has established, at the recommendation of the City’s solid waste
contractors, a reserve of $200,000 to be available in the event of an emergency event requiring
additional debris collection or other emergency solid waste services.
The City has not historically had an employee solely dedicated to solid waste purposes. With
recent changes in state law, anticipated changes in the City’s Solid Waste Management Plan,
staff collaboration with other regional entities in addressing solid waste-related issues, and
required staff time to take advantage of grant opportunities that would reduce rates for
residents, the City may be required to fully fund and staff a solid waste coordinator position from
the administrative fees received under its various solid waste contracts, though such action
would not occur until after further discussions with Council and likely later in 2025 or 2026 at the
earliest.
The City has spent an average of approximately $112,000 annually in the last three years on
solid-waste related purposes. At this time the 2025 Budget provides for $119,289 in
expenditures for in 2025. This includes costs for staff salaries and benefits, necessary contract
and solid waste management plan administration, consultant costs for development and
approval of the City’s required 2025 Solid Waste Management Plan Update, and other costs.
With the annual fees from Sunshine and WM and the historical expenditures, the City has
established a fund balance that will be sufficient to pay for 2025 Budgeted expenditures without
any additional administrative and maintenance fee in 2025 and so staff recommend setting the
initial administrative and maintenance fee for 2025 at $0/ton.
Under the proposed Agreement, the City’s solid waste staffing, educational, and other solid
waste management needs will be evaluated annually and any administrative and maintenance
fee will be subject to City Council approval. As part of the development and approval of the
2025 Solid Waste Management Plan update throughout 2025, further review and development
of a plan and budget will be established to identify future administrative fee needs.
At the administrative report, there were questions regarding the Administrative and Maintenance
Fee and whether it should be higher than $0/ton in order to minimize major changes at later
times. Staff believe that with the change from 2024 to 2025 rates that will already be seen and
the need for a comprehensive review of the solid waste program that will occur in 2025, it is still
appropriate to set the Administrative and Maintenance Fee at $0/ton for 2025. Future fees may
be set in a manner to gradually establish necessary revenues through the program development
process.
On December 10, 2024, City Council gave consensus to bring the proposed Agreement back for
a motion consideration.
OPTIONS: Motion to approve the proposed Agreement for Comprehensive Solid Waste
Transfer, Transport, and Disposal Services with Sunshine Recyclers, Inc. in substantially the
form presented with a $0/ton Administrative and Maintenance Fee for 2025 and authorize the
City Manager to take such actions necessary to execute the final Agreement; or take other
action deemed appropriate.
RECOMMENDED ACTION OR MOTION: Motion to approve the proposed Agreement for
Comprehensive Solid Waste Transfer, Transport, and Disposal Services with Sunshine
Recyclers, Inc. in substantially the form presented with a $0/ton Administrative and Maintenance
Fee for 2025 and authorize the City Manager to take such actions necessary to execute the final
Agreement.
BUDGET/FINANCIAL IMPACTS: None at this time. Disposal rates are passed on to curbside
waste haulers, drop box haulers, and self-haulers from Spokane Valley through their use of the
appropriate transfer station. City may receive an administrative and maintenance fee in the
future, subject to City Council review and approval.
STAFF CONTACT: Erik Lamb, Deputy City Manager
___________________________________________________________________________
ATTACHMENTS:
Proposed Draft Agreement for Comprehensive Transfer, Transport, and Disposal
Services with Sunshine Recyclers, Inc.
AGREEMENT FOR COMPREHENSIVE SOLID WASTE
TRANSFER, TRANSPORT, AND DISPOSAL SERVICES
SUNSHINE RECYCLERS, INC.
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter “City” and Sunshine Recyclers, Inc., dba Sunshine Disposal & Recycling,
hereinafter “Contractor,” jointly referred to as “Parties.”
RECITALS
WHEREAS, pursuant to chapter 70A.205 RCW, a local government is responsible for the management of
solid waste within its jurisdictional boundaries; and
WHEREAS, since 2014, the City has managed solid waste transfer, transport, and disposal services
pursuant to an agreement with Contractor, Sunshine Disposal & Recycling; and
WHEREAS, the City’s current Solid Waste Transfer, Transport, and Disposal Services agreement expires
on December 31, 2024; and
WHEREAS, the City Council received information from Contractor, Sunshine Disposal & Recycling, and
Spokane County, which operates the Spokane County Valley Transfer Station as part of the Spokane County
Regional Solid Waste System; and
WHEREAS, after due consideration of the options available and the needs of the City and its citizens, the
City Council of the City has determined it is in the best interests of its citizens and for the public health,
safety, and welfare for the City tocontinue providingsolid waste transfer, transport, and disposal services
through a contract with a private provider; and
WHEREAS, the Contractor, Sunshine Disposal & Recyclingwill be able to continue to provide solid waste
transfer, transport, and disposal services pursuant to this new Agreement beginning upon the Effective Date
of this Agreement; and
WHEREAS, the Parties have, in good faith, negotiated this new Agreement and commit to attempting to
resolve any future contract disputes, if any should occur, in good faith.
NOW, THEREFORE, IN CONSIDERATION of the terms and conditions contained herein, the Parties
agree as follows:
ARTICLE 1DEFINITIONS
1.1Defined Terms. All capitalized terms utilized in this Agreement are intended to have the meaning
defined in this Article 1 whether or not the term is defined prior to its use in this Agreement. The
following definitions shall apply to the entirety of this Agreement unless it is clear from the context
that another definition applies.
efinitions.
1.2D
“Acceptable Waste” means all Solid Waste excluding Recyclables, Organics, C&D Waste, and
Unacceptable Waste.
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Transfer, Transport, and Disposal ServicesPage 1 of 44
“Agreement” means this Agreement between the City and Contractor and all mutually adopted
amendments thereto.
“Business Days” means Monday through Friday, excluding designated holidays listed on Exhibit
“A”.
“C&D Waste” refers to “construction and demolition waste” and means Solid Waste generated in
the course of construction, demolition, and remodeling, which includes, but is not limited to
concrete, brick, masonry, bituminous concrete, plastic (PVC), reinforcing steel, dimensional wood,
plaster (sheet rock), fiberglass insulation, composition roofing, roofing paper, metal roofing, metal
fencing, copper, white goods and appliances (without CFC and Freon), and similar non-hazardous
construction, non-paper or textile materials.
“Change in law” means any of the following that are related to and required for the provision of
Solid Waste Services hereunder, and which become effective at any time after the Effective Date:
(1) any new, changed, or revised law, statute, rule, code, regulation, ordinance, or decision,order,
decree, or judgment; (2) implementation or delayed effective date of an existing law, statute, rule,
code, regulation, ordinance, or decision, order, decree, or judgment(regardless of the date enacted)
of regulations or other requirements for Contractor to use Zero Emission Vehicles, electric vehicles,
and/or other alternative fuel vehicles, in part or in total;or (3) the imposition of any material
conditions or requirements on the continuation, issuance, or renewal of any permit, license or
approval.
“City” means the City of Spokane Valley, Washington.
“City Representative” means the representative of the City identified in Section 16.3.
“Consumer Price Index” or “CPI” means the Consumer Price Index for All UrbanConsumers (CPI-
U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of
Labor Statistics (“BLS”). The Parties may refer to the BLS Internet Site or other BLS source to
determine the applicable CPI Index.
“Contractor” means Sunshine Recyclers, Inc., dba Sunshine Disposal & Recycling and all
successors and assigns.
“Customer Service Plan” means the plan established by the Contractor to direct customer service
standards, goals, and plans for implementing new procedures in response to customer service issues
and complaints, as provided in Section 3.11.
“Days” means calendar days unless the time period called for is five days or less, in which case it
shall mean the standard Business Days of Monday through Friday, and excluding designated
holidays listed on Exhibit “A”.
“Designated Haulers” means commercially operated Solid Waste haulers with which the City has
a Solid Waste contract.
“Disposal Facility” means the facility or facilities to dispose of all Acceptable Waste, and any
disposal facilities, recycling facilities, or composting facilities for disposal, recycling, or
composting of Recyclables, Organics, C&D Waste, MRW, and Special Waste.
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 2of 44
“Disposal Services” means those services provided by the Contractor under this Agreement to
finally dispose of, recycle, or compost the Acceptable Waste, Recyclables, Organics, C&D Waste,
MRW, and Special Waste.
“Effective Date” means January 1, 2025.
“Food Scraps” means all compostable pre-and post-consumer food waste, such as whole or partial
pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds, or eggshells, and food-
soiled paper, such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes,
pizza boxes, or other paper products accepted by the Contractor’s selected composting site.Food
Scraps shall not include dead animals, plastics, diapers, kitty litter, liquid wastes, ashes, pet wastes,
or other materials the selected composting facility is not permitted to compost or that are identified
in the future by the selected composting facility with advance written notice provided to the City
of such identification by Contractor after Contractor receives suchnotice.
“MRW” means moderate risk Solid Waste that is hazardous and produced by households,
businesses, and institutions, but is exempt from regulation under chapter 70A.300RCW because it
is generated in quantities below the thresholds set forth in chapter 70A.300RCW and associated
regulations as currently adopted and as hereafter amended. MRW refers to both “hazardous
household waste” and “conditionally exempt small quantity generator waste”.
“Organics” means all Source-Separated Yard Waste and Food Scraps separately or combined.
“Recyclables” means those Solid Wastes that are Source-Separated for recycling or reuse, such as
papers, plastics, metals and glass, which are identified as recyclable material pursuant to the City’s
comprehensive solid waste plan. Upon written agreement from the Parties, it shall also include co-
mingled Solid Wastes that are collected for recycling or reuse, which are identified as recyclable
material pursuant to the City’s comprehensive solid waste plan.
“Self Haulers” means all citizens and entities located or operating within the City other than
Designated Haulers that dispose of Solid Waste with the Contractor.
“Solid Waste” means all putrescible and non-putrescible solid and semisolid wastes including, but
not limited to, garbage, rubbish, ashes, demolition and construction wastes, yard wastes, and
recyclable materials generated by public, private, industrial, commercial, mining, and agricultural
operations.
“Solid Waste Services” means the Transfer Services, Transport Services, and Disposal Services
provided by the Contractor pursuant to this Agreement.
“Source-Separate” means certain recyclables, food, organic and reclaimable materials that are
separated from Acceptable Waste by the generator for recycling, reuse, or composting, including
but not limited to Recyclables, Organics, and other materials.
“Special Waste” means Solid Waste that is otherwise considered Acceptable Waste, but by virtue
of its unique properties, size, weight, composition, type, applicable legal requirements, or other
characteristics, requires special handling or extraordinary management for transfer, transport, and
disposal distinct from the level of handling and management required for Acceptable Waste, and is
thereby subject to special compensation. Examples include, but are not limited to, tires, fluff, white
goods, appliances, large quantities of ash, asbestos, and concrete, rocks or stumps over three feet
in diameter.
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 3of 44
“Surety” means the surety required pursuant to Section 3.18to guarantee performance of the Solid
Waste Services under this Agreement.
“Transfer Facility” means the total of all facilities at one or more locations located within the City’s
boundaries that are operated by the Contractor to accept and process Solid Waste under this
Agreement.
“Transfer Services” means those services provided by the Contractor under this Agreement to
collect and process Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste from
Designated Haulers and Self Haulers at a Transfer Facility so that such Acceptable Waste,
Recyclables, Organics, C&D Waste,MRW,and Special Waste may be transported to a Disposal
Facility and processed or finally disposed.
“Transport Services” means those services provided by the Contractor under this Agreement to
transport processed Acceptable Waste, Recyclables, Organics, C&D Waste, MRW, and Special
Waste from the Transfer Facility to the Disposal Facility.
“Unacceptable Waste” means all Solid Waste not authorized for disposal at the Transfer Facility
and/or Disposal Facility by those governmental entities having jurisdiction over such facilities, or
any waste, the disposal of which would constitute a violation of any governmental requirements
pertaining to the environment, public health, or safety, or which, in the Contractor’s reasonable
opinion, would be considered Unacceptable Waste and/or would not be accepted for disposal by
the operator of the Disposal Facility. Unacceptable Waste includes any waste that is now or
hereafter defined by federal, state or local law or by the disposal jurisdiction as radioactive,
dangerous, hazardous, or extremely hazardous waste. Unacceptable Waste includes Solid Waste
that is or contains any infectious waste, radioactive, volatile, corrosive, flammable, explosive,
biomedical, bio-hazardous or toxic material. Unacceptable Waste may also include ashes, asbestos,
swill, sewage sludge, other biosolids, and industrial wastes.
“Uncontrollable Circumstances” means events and circumstances commonly known as “force
majeure”, acts of God, or other circumstances reasonably beyond the control of either Party. The
term includes riots, wars, civil disturbances, insurrections, acts of terrorism, epidemics, pandemics,
natural disasters, severe weather conditions, explosions, fires,global or nationalsupply chain
disruptions, severe floods, strikesreasonably beyond the control of either Party, orother similar
events that directly affectthe ability of either Party to provide the Solid Waste Services as
contemplated herein. Typical snow, ice, and flooding conditions that affect road conditions, rail
conditions, or the operations of the Transfer Facility or Disposal Facility shall not be considered
Uncontrollable Circumstances, provided that such conditions do not make the roads and rail
impassable or the Transfer Facility or Disposal Facility inaccessible. Maintenance, construction,
improvements to, and repairs of the Transfer Facility and Transfer Services equipment shall not be
considered Uncontrollable Circumstances, unless arising out of any other item included in the
definition of Uncontrollable Circumstances.
“Yard Waste” means plant and vegetative waste commonly created in the course of maintaining
yards and gardens, and through horticulture, gardening, landscaping, or similar activities that is free
from chlopyralid or other similar substances that are identified in the future by the Disposal Facility
with advance written notice provided to the City of such identification by Contractor after
Contractor receives such notice, and which cause the Disposal Facility not to accept such Yard
Waste for composting. Yard Waste includes but is not limited to grass clippings, leaves, branches,
brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree pruning
debris.
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 4of 44
ARTICLE 2REPRESENTATIONS AND WARRANTIES
2.1Representations, Warranties, and Covenants of the Contractor. The Contractor covenants,
represents and warrants to and for the benefit of the City, unless otherwise expressly specified, that
as of the date of this Agreement and throughout its term:
A.Organization of the Contractor. The Contractor is a duly organized and validly existing
corporation under the laws of the State of Washington and Contractor is in good standing under
the laws of the State of Washington and prior to the commencementof services under this
Agreement will be in good standing with and duly licensed to do business in the State of
Washington and the states in which any Transfer Facility and any Disposal Facility are located.
B.Subcontractors Duly Licensed. The Contractor hereby agrees and covenants that it shall not
hire, employ, or contract with any subcontractor for the provision of any part of the Solid Waste
Services under this Agreement unless such subcontractor is duly organized and validly existing
under the laws of the state in which it is incorporated or created, and it is duly licensed to do
business in the State of Washington and in the states in which it is providing the Solid Waste
Services on behalf of Contractor.
C.The Contractor’s Power to Execute. The Contractor has full legal right, power and authority
to execute, deliver, and perform its obligations under this Agreement, and has duly authorized
the execution and delivery of this Agreement. This Agreement has been duly executed and
delivered by the Contractor and constitutes a legal, valid and binding obligation of the
Contractor enforceable against the Contractor in accordance with its terms except as such may
be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other
laws affecting creditors’ rights generally, the exercise of judicial discretion in granting or
denying equitable relief, the principles of commercial reasonableness, good faith and fair
dealing, waiver, estoppels and unconscionability and by general equitable principles.
o Violations or Conflicts. To the best of the Contractor’s knowledge, neither the execution
D.N
nor delivery by the Contractor of this Agreement, the performance by the Contractor of its
obligations hereunder, nor the fulfillment by the Contractor of the terms and conditions hereof:
1.Conflicts with, violates or results in a breach of any applicable law, ordinance, permit,
approval, governmental approval or regulation; or
2.Conflicts with, violates or results in a breach of any term or condition of any judgment,
order or decree of any court, administrative agency or other governmental authority, or any
agreement or instrument to which the Contractor is a party or by which theContractor or
any of its properties or assets are bound, or constitutes a default thereunder.
E.Unethical Conduct. The Contractor has not engaged in any type of unethical conduct including,
without limitation, collusion, the rigging of proposals, offers or other responses or the
submission of a proposal, offer or other response which is intentionally high or noncompetitive
for the purpose of giving the appearance of competition.
o Conditions Precedent to Execution. No approval, authorization, license, permit, order or
F.N
consent of, or declaration, registration or filing with any governmental or administrative
authority, commission, board, agency or instrumentality is required for the valid execution and
delivery of this Agreement by the Contractor.
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 5 of 44
G.Appropriate Approvals. The Contractor holds, or is expressly licensed to use, all patents, rights,
licenses, approvals and franchises necessary or appropriate to operate and maintain the Transfer
Facility and to provide the Solid Waste Services pursuant to the terms of this Agreement.
H.Right to Use Facilities and Equipment.
1.As of January 1, 2025, the date of commencement of Solid Waste Services under this
Agreement, the Contractor owns, leases or has binding and enforceable contractual rights
to use all facilities and equipment necessary or appropriate for the Contractor to fulfill its
duties andresponsibilities under this Agreement, and the Contractor shall deliver to the
City, upon its request, proof satisfactory to the City of such ownership, lease or contractual
rights.
2.During the term of this Agreement, Contractor shall own, lease, or maintain ongoing
binding and enforceable contractual rights to use all facilities and equipment necessary or
appropriate for the Contractor to fulfill its duties and responsibilities under this Agreement,
and the Contractor shall deliver to the City, upon its request, proof satisfactory to the City
of such ownership, lease or contractual rights.
I.Truth and Accuracy. The information the Contractor supplied to the City as part of the process
to enter into this Agreement was true and accurate when made and, except for information that
speaks as of a particular date, asof the date of this Agreement, remains true and accurate.
J.No Change in Financial Condition. There has been no material adverse change in the
Contractor’s financial condition since the issuance date of the bank commitment letter
submitted by the Contractor to the City.
K.Contractor is Experienced. The Contractor is fully experienced in each of the areas under
which it will have duties and obligations under this Agreement and has adequate personnel and
experience to fully, properly and satisfactorily discharge its duties and obligations under this
Agreement. The City is specifically relying on representations from the Contractor that it has
the skill, experience and means to provide the services set forth in this Agreement.
L.Proceedings Against the Contractor. As of the date of this Agreement there is not and shall not
be any action, suit, proceeding or, to the best of the Contractor’s knowledge, investigation, at
law or in equity, before or by any court or governmental authority, commission, board, agency
or instrumentality pending or, to the best of the Contractor’s knowledge, threatened, against the
Contractor, wherein an unfavorable decision, ruling or finding, in any single case or in the
aggregate, would materially or adversely affect the performance by the Contractor of its
obligations hereunder or which, in any way, would adversely affect the validity or
enforceability of this Agreement or any other agreement or instrument entered into by the
Contractor in connection with this Agreement.
M.Provision of Solid Waste Services. The Contractor has the ability to and will inspect, accept,
process, transfer, transport, dispose of, recycle, and compost all Acceptable Waste, Recyclables,
Organics, C&D Waste,MRW,and Special Waste received by Contractor in accordance with
the terms and conditions of this Agreement. The Contractor has approved and executed all
necessary contracts with any third-party providers, including any providers of Transport
Services and Disposal Services. Subject to Section 3.1(E)and Section 3.5, the Contractor’s
Transfer Facilityand fixtures, Transfer Services equipment, and Transport equipmentare
currently and will continue to be, either through maintenance or improvementsas necessary, of
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 6 of 44
sufficientsize, capacity, and numberfor the purposes of providing all Services required byand
for the duration of this Agreement.
2.2Representations, Warranties. and Covenants of the City. The City covenants, represents and
warrants to and for the benefit of the Contractor, unless otherwise expressly specified, that as of the
date of this Agreement and throughout its term:
A.Organization of City. The City is a non-charter code city duly organized and validly existing
under the Constitution and laws of the State of Washington, with full legal right, power, and
authority to enter into, execute, and deliver this Agreement, and perform its obligations under
this Agreement.
B.City’s Authority to Execute. The City has duly authorized the execution and delivery of this
Agreement and this Agreement has been duly executed and delivered by it and constitutes a
legal, valid and binding obligation of the City enforceable against the City in accordance with
its terms except as such may be limited by bankruptcy, insolvency, reorganization, moratorium,
fraudulent transfer or other laws affecting creditors’ rights generally, the exercise of judicial
discretion in granting or denying equitable relief, the principles of commercial reasonableness,
good faith and fair dealing, waiver, estoppels and unconscionability and by general equitable
principles.
o Violations or Conflicts. To the best of the City’s knowledge, neither the execution nor
C.N
delivery by the City of this Agreement, the performance by the City of its obligations hereunder,
nor the fulfillment by the City of the terms and conditions hereof:
1.Conflicts with, violates or results in a breach of any applicable law, ordinance, permit,
approval, governmental approval or regulation; or
2.Conflicts with, violates or results in a breach of any termor condition of any judgment,
order or decree of any court, administrative agency or other governmental authority, or any
agreement or instrument to which the City is a party or by which the City or any of its
properties or assets are bound, or constitutes a default thereunder.
D.No Conditions Precedent to Execution. No approval, authorization, license, permit, order or
consent of, process, procedure, or declaration, registration or filing with any governmental or
administrative authority, commission, board, agency or instrumentality is required for the valid
execution and delivery of this Agreement by the City, except: approval and authorization from
the City Council is necessary to execute this Agreement.
roceedings Against the City. As of the date of this Agreement, there is not and shall not be
E.P
any action, suit, proceeding or, to the best of the City’s knowledge, investigation, at law or in
equity, before or by any court or governmental authority, commission, board, agency or
instrumentality pending or, to the best of the City’s knowledge, threatened, against the City,
wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would
materially or adversely affect the performance by the City of its obligations hereunder or which,
in any way, wouldadversely affect the validity or enforceability of this Agreement or any other
agreementor instrument entered into by the City in connection with this Agreement.
F.Contractor as Sole Provider. Except as provided for in Article 11 “Defaults” during the term
of this Agreement, City shall not contract with any other entity to provide the Solid Waste
Services provided by Contractor herein. City shall not be precluded from undertaking a
procurement process and entering into a contract with another entity prior to the completion of
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the termof this Agreement in order to ensure there is no interruption of services after the
completion of the termof this Agreement; provided that any such entity shall not commence
providing services until the termof this Agreement is completed and this Agreement is
terminated as provided herein. Nothing herein shall modify the City’s rights of termination or
remedies in the event of a default under Article 11.
2.3Independent Representations and Warranties. The covenants, representations and warranties
described in this Article are not exclusive and shall not be construed to exclude or limit those
required elsewhere in this Agreement or to modify, limit or lessen in any way, any rights or remedies
that either Party may have against the other or the Surety provider.
ARTICLE 3CONTRACTOR RESPONSIBILITIES
3.1Provide Transfer Services. During the term of this Agreement, the Contractor shall be responsible
for and shall provide Transfer Services for Self Haulers and the Designated Haulers at the Transfer
Facility. The Transfer Facility shall be identified on Exhibit “A”. Transfer Services shall include,
but are not limited to the following facilities, services, requirements, and conditions:
cceptable Waste. The Transfer Facility shall be at all times during the term of this Agreement
A.A
in such location and of such size and capacity so as to process all Acceptable Waste generated
in the City, currently estimated at 90,000 tons annually. Further, the Transfer Facility shall be
at such location and of such size and capacity so as to allow Self Haulers and Designated
Haulers to deliver Acceptable Waste during the times and days specified in Exhibit “A” without
unreasonable delay, conflict or interruption to the Designated Haulers’ collection service. The
Contractor shall ensure that during peak operations there is no obstruction of traffic on any
streets surrounding the Transfer Facility other than obstructions arising from Uncontrollable
Circumstances. The amount of tonnage is strictly an estimate agreed to by the Parties to
determine thecurrentsize and capacity needed for the Transfer Facility at the time this
Agreement is executed and no specific tonnage of Acceptable Waste is guaranteed by such
statement.
B.Recyclables, Organics, C&D Waste, and MRW. The Contractor shall provide, as part of the
Transfer Facility, programs and means for accepting and processing Recyclables, Organics,
C&D Waste, and MRW, as appropriate, so as to allow Self Haulers and Designated Haulers to
deliver such wastes and Recyclables at the times and days specified in Exhibit “A” without
unreasonable delay or interruption to the Designated Haulers’ collection service except to the
extent such interruption or delay arises from Uncontrollable Circumstances. Contractor shall
be entitled to separate and commerciallyuse Acceptable Waste and C&D Waste delivered to
the Transfer Facility; provided any separation activities shall not cause unreasonable delay or
disruption of delivery and acceptance of Solid Waste at the Transfer Facility.
C.Special Waste. Contractor shall make all reasonable efforts to accept and process Special
Waste; provided, Contractor may make additional charges for, or fix new or additional rates for
the handling or disposal of Special Waste. In the event that applicable legal requirements or
excessive cost of processing would preclude Contractor from reasonably processing Special
Waste, Contractor may reject such Special Waste.
D.No Delay of Services. The Contractor, at its sole direction and expense, shall keep or shall
ensure that the Transfer Facility and Transfer Services equipment are in good working order
and repair so as to provide Transfer Services without interruption or unreasonable delay of
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services except to the extent such interruption or delay arises from Uncontrollable
Circumstances.
E.Transfer Facility.
1.Subject to Section 3.1(E)(2)and Section 3.5below, the Contractor certifies that the
Contractor’s Transfer Facility and Transfer Services equipment are currently and will
continue to be, either through maintenance or improvements as necessary, of sufficient size,
capacity, and number for the purposes of providing all services required by this Agreement.
2.The Contractor has identified that improvements to the Transfer Facility and additional
Transfer Services equipment are necessary within the first three years of the Agreement to
allow the Transfer Facility to provide all services required for the entire term of the
Agreement (the “Improvements”). Such Improvements have been determined by the
Contractor based upon the growth of the City over the last four years. The Contractor, in
its sole discretion, has determined to design, develop, install, and construct the
Improvements beginning in 2025. Contractor shall be solely responsible for any permits
for such Improvements. City shall follow its standard City permit processing procedures
for any permits applied for from the City. Prior to starting such Improvements, Contractor
shall provide a written plan demonstrating how the Improvements will occur, any impacts
to the provision of Solid Waste Services, and the mitigation plan therefore. The Parties
agree that the rates established in Section 5.2 include all necessary costs for design,
development, installation, and construction of the Improvements and that no additional rate
increases will be necessary or allowed solely for such Improvements. The Parties agree
that if the Improvements are not started by June 30, 2025, or completed by December 31,
2027, or such other time as agreed to by the Parties,the rates in Section 5.2 shall be
equitably adjusted by mutual agreement of the Parties to reflect the reduction in benefit
paid for and received by users of the Transfer Facility over the term of the Agreement.
Factors that shall be considered in equitably adjusting the rates include, but are not limited
to, cause of the delay, actual expense incurred by the Contractor, including costs incurred
in constructing the Improvements, the nature of the delay, length of the delay, and available
partial use while Improvements were being completed.Completion of the Improvements
shall be evidenced by the issuance of a certificate of occupancy or completion letter with
regard to the Improvements.
3.Neither maintenance nor improvements of the Transfer Facility nor Transfer Services
equipment or purchase thereof shall result in any interruption of Transfer Services provided
during the term of this Agreement except to the extent such interruption or delay arises
from Uncontrollable Circumstances.
F.Right to Refuse Service. Contractor reserves the right to refuse to any business patron the right
of access to the Transfer Facility or Disposal Facility when the customer has violated the
facility’s rules and policies and/or rules and regulations prescribed by law or the customer is
delinquent more than 30 days on account of any money due the Contractor for Solid Waste
Services.
3.2Screening for Unacceptable Waste.
A.Screening. The Contractor shall not be required to receive, handle, transport, or dispose of any
Unacceptable Waste. The Contractor shall establish and maintain appropriate equipment and
a program of operating, monitoring, inspecting, and screening procedures for the Transfer
Facility to prevent the receipt, handling, shipping or disposal of Unacceptable Waste. The
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Contractor shall inspect and screen all Solid Waste delivered to the Transfer Facility for all
Unacceptable Waste prior to transport and disposal at the Disposal Facility. The Contractor
may decline any Unacceptable Waste and may require the hauler attempting to dispose of such
Unacceptable Waste to remove the Unacceptable Waste in accordance with federal, state and
local law.
B.Training. Transfer Facility staff shall be properly instructed and trained on screening for
Unacceptable Waste in accordance with applicable federal, state, and local laws.
C.Liability for Unacceptable Waste. The Contractor shall be financially and otherwise liable for
the handling and disposal of any Unacceptable Waste that is accepted by it. The City shall in
no event be financially or otherwise liable for any Unacceptable Waste accepted, processed,
transported, or disposed of by the Contractor.
3.3Provide Transport Services. The Contractor shall be responsible for and shall provide Transport
Services for all Acceptable Waste, C&D Waste, Recyclables, Organics, MRW,and accepted Special
Waste from the Transfer Facility to the Disposal Facility to which the applicable waste is delivered
for processing or disposal. The Contractor may utilize any lawful means for providing Transport
Services, including contracting with third-party transport service providers. The Contractor, at its
sole direction and expense, shall ensure that Transport Services are provided at all times without
interruption or unreasonable delay of services except to the extent such interruption or delay arises
from Uncontrollable Circumstances.
rovide Disposal Services.
3.4P
A.Acceptable Waste and Special Waste. The Contractor shall be responsible for and shall provide
Disposal Services for all Acceptable Waste and accepted Special Waste at a Disposal Facility
permitted to accept such waste in compliance with all federal, state, and local regulations. The
Contractor may utilize any lawful means for providing Disposal Services, including contracting
for use of a third-party Disposal Facility. The Disposal Facility or facilities shall be initially
identified on Exhibit “A”. TheContractor, at its sole direction and expense, shall ensure that
Disposal Services are provided without interruption or unreasonable delay except to the extent
such interruption or delay arises from Uncontrollable Circumstances.
B.Recyclables, Organics, C&D Waste, and MRW. As part of its provision of Disposal Services,
Contractor shall recycle all Recyclables, compost all Organics, and dispose all C&D Waste and
MRW in accordance with applicable federal, state, and local laws. The Contractor shall ensure
that all Source-Separatedand co-mingledRecyclables delivered to and accepted at the Transfer
Facility are recycled and all Source-Separated Organics delivered to and accepted at the
Transfer Facility are composted and are not disposed of as Acceptable Waste, unless otherwise
approved by the City in writing, which approval shall not be unreasonably withheld,
conditioned or delayedunless such approval were to contradict relevant laws and regulations.
The Contractor shall identify to the Cityin writing all facilities used to recycle Recyclables,
compost Organics, and dispose of C&D Waste, and MRW.
C.Contamination. Inthe event thatRecyclables are contaminated at such a level that they would
not be accepted as Recyclables by the facility identified by Contractor, or in the event that
Organics are contaminated at such a level that they would not be accepted by the facility
identifiedby Contractor, then Contractor shall make reasonable efforts to separate
contaminated materials from such Recyclables or Organics. If Contractor cannot reasonably
remove contamination, it may process such contaminated Recyclables or Organics as
Acceptable Waste and charge the Designated Hauler or Self-Hauler the applicable Acceptable
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Waste rate. Contractor shall have signage at the entrance and information clearly identified on
its website and other informational materials that clearly describes the general acceptable level
of contamination and that materials with greater contamination will be processed and charged
as Acceptable Waste.
3.5Addressing Population and Solid Waste Growth. The Parties agree that moderate growth in
population and/or Solid Waste will occur over the term of this Agreement, with the parties
acknowledging that prior historical Solid Waste tonnage grew an average of 4%. While growth is
expected, there are instances where there may be dramatic or unanticipated levels of growth or
change in either populationwithin the Cityor Solid Wastegenerated within the City. For example,
if the City annexes a large residential area, such annexation may materially increase the amount of
Solid Waste coming to the Transfer Facility. The Parties agree that such unanticipated population
or Solid Waste growthwithin the Citymay require changes in operations, equipment, and/or
facilities to allow Contractor to continue to meet the terms of this Agreement. In the event any
substantial change in population or Solid Waste occursfrom within the City, either Party may send
written notice to the other of the change and anticipated or identified impacts in Services. In the
event the change is due to an annexation by the City, the City shall send Contractor notice of the
proposed annexation at such time an annexation petition is received by the City. The Parties agree
to meet to discuss potential impacts, agree upon such impacts, and to identify in writing a plan for
necessary operational, equipment, and/or facility modifications to allow Contractor to meet its
obligations under this Agreement, the timing for such plan, and any agreed-upon allowances for
anticipated delays or interruptions in Services that may occur prior to and while such plan is being
implemented. Any changesto accommodate growth within the Citythat result in additional costs
in ongoing operations, equipment, and/or facility modificationsby the Contractor shall allow
Contractor to seek an adjustment in Service Fees pursuant in the same manner as Section 5.3(C).
Unanticipated growth in population or Solid Waste from areas outside of the City shall be addressed
pursuant to the provisions of Section 3.6.
3.6Primary Services. The Contractor shall provide Transfer, Transport and Disposal Services to the
City in accordance with the terms andconditions of this Agreement. The Contractor may accept
and process legally acceptable Solid Waste from sources other than the City that is not otherwise
prohibited to be delivered to the TransferFacility, but at no time shall any acceptance or processing
of Solid Waste from sources other than the City limit the Contractor’s ability to provide Solid Waste
Services to the City and its Designated Haulers andSelf Haulers in accordance with the terms and
conditions of this Agreement. Should the ability of the Contractor to process Solid Waste generated
within the City and other Solid Waste become limited, whether due to decreases in capacity at the
Transfer Facility or Disposal Facility or otherwise, the Contractor shall first limit the receipt and
processing of Solid Waste from sources other than the City to allow as much Solid Waste generated
within the City to be handled as is required under this Agreement.
3.7Education Services. The Contractor shall assist the City in providing solid waste education,
including but not limited to, public outreach to educate City residents and businesses regarding the
use of the Contractor’s Transfer Facility, education regarding options for recycling, Organics, and
MRW, and other educational outreach efforts identified by either Party as set forth in Exhibit “B”.
The Contractor shall bear the costs of Contractor’s staff time utilized for Education Services, and
the City shall bear the costs of City’s staff time utilized for Education Services. The Parties shall
meet in February of each yearor such other periodic time as agreed by the Parties during the term
of this Agreement to develop an annual outreach and education program regarding the items listed
in Exhibit “B”, which may include but is not limited to printed and online publications and any
costs associated with the Contractor maintaining and updating a website presence for the purpose
of education. Costs of printed materials shall be the responsibility of the City, except to the extent
that such materials are created at Contractor’s cost as part of the Contractor’s normal operations.
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The City may request additional education services outside the scope of Exhibit “B” for which the
Parties shall negotiate in good faith any necessary changes to Service Fees, or establish
reimbursement from the City to Contractor,to coveractualcosts or expenses for the additional
education. Contractor shall provide a report at least once per year at one of the quarterly meetings
that outlines its education efforts. The education efforts shall also besummarized in the annual
report. In addition, Contractor shall not be required to take any actions (including the provision of
time or materials) under this Section 3.6 that would adversely impact its provision of the Transfer
Services or Transport Services under this Agreement. The Parties agree that the Contractor shall
not be responsible for Educational Services that are otherwise covered by City’s contracts with
Designated Haulers.
3.8Grant Opportunities.
A.The Parties agree to work together to identify and apply for local, state, and federal grant
opportunities that may benefit either or both of the Partiesor the users of the Transfer Facility.
For the purposes of this section 3.7, grant opportunities are those which (a) may have the effect
of decreasing costs for third parties that utilize Contractor’s facilities, (b) provide funds to the
City for Solid Waste planning, management, administration, or education, (c) provide funds to
the Contractor or the City for the purposes of complying with state or federal laws and/or
regulations related to solid waste, or (d) any combination of the above.
B.Staff from both Contractor, and the City mayidentify potential opportunitiesand provide notice
to the other Party of such grant opportunity. The Parties shall schedule and attend a meeting to
discuss potential opportunities as they arise. The City shall have sole discretion in determining
whether to apply to any grant, which determination shall only be made giving reasonable
consideration to availability of Contractor and City staff, grant application and reporting
requirements, and benefits from the grant; provided that Contractor shall not be required to take
any actions (including the provision of time or materials) under this Section 3.8 that would
adversely impact its provision of the Transfer Services or Transport Services under this
Agreement,
C.The City’s participation in any grant application or grant program may be subject to the
approval of the City Council. If applying for or participation in any grant opportunity is
authorized by the City (with City Council approval as may be required by ordinance, rule, or
resolution) then the Parties shall work together in good faith to apply for or participate in the
grant opportunity. Contractor and City shall provide any and all information reasonably
necessary to complete any application, or otherwiseparticipate in any duly authorized grant;
provided that neither Party shall be required to commit staff time or resources that materially
impact the ability of that staff to carry out their regular duties. Further, Contractor and City
shall work together to fill out all necessary documents and provide all necessary signatures for
any suchauthorized grant. To the extent any grant allows the City and the Contractor to
mutually agree on the allocation of the benefits of the grant as between themselves, theParties
shall mutually agree on an equitable allocation of such benefits.
D.The Parties shall use the grant proceeds for the purposes identified with the application and
scope of grant. Unless otherwise agreed by the Partiesor specified by the terms of a grant, the
City shall be the recipient of grant proceeds and be responsible for the distribution, use, and
reporting of such grants; provided that City may distribute funds to Contractor for services
provided as identified within the grant application. Contractor shall provide such information
and assistance as reasonably necessary to allow City to meet reporting requirements. The
Parties may agree to other arrangements for receipt, distribution, use, and reporting as may be
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reasonably necessary, beneficial, or appropriate for any particular grant, including the use or
involvement of a third party.
3.9Cooperation. Contractor shall cooperatewith the City, Designated Haulers, allthird-party
providers of Transfer Services, Transport Services and Disposal Services, andthe Disposal Facility
provider to ensure that Acceptable Waste, Recyclables, Organics, C&D Waste, MRW, and Special
Waste is legally,safelyefficiently, promptly, and without unreasonable delay or interruption of
service accepted, transferred, transported, disposed of, recycled and composted in accordance with
the terms of this Agreement, except to the extent such interruption or delay arises from
Uncontrollable Circumstances.
3.10Performance Standards. The Contractor shall provide all Solid Waste Services in compliance with
the performancestandards provided in Exhibit “C”.
3.11Customer Service.
A.The Contractor shall comply in all respects with the customer service standards contained
herein.
B.The Contractor, its employees, agents and subcontractors shall conduct themselves in a manner
to create a positive image of the Contractor and City. The Contractor shall provide a customer
service telephone line, website, and representative to handle any customer service complaints
or questions during the normal business hours of the Transfer Facility.
1.The Contractor shall maintain a toll-free or collect call telephone access line which will be
available to customers twenty-four hours per day, seven days per week. A customer service
representative shall be available to respond to customer inquiries by such telephone line
during the normal business hours of the Transfer Facility. After normal business hours, the
access line shall be answered by a service or automated response system, including an
answer machine. Inquiries received after hours shall be responded to on the following
Business Day.
2.The Contractor shall maintain a website which will be available to customers twenty-four
hours per day, seven days per week. The website shall contain currentService Fee and
Organics Fee rates, as well as any pending changes to such rates. The website shall contain
contact informationfor the telephone access line. The website shall contain waste
acceptance standards and educational materials as provided herein. The website shall
contain timely news about events that impact the function of the TransferFacility such as
those due to Uncontrollable Circumstances and Natural Disasters and other Community
Emergencies.
3.Nothing herein shall prevent Contractor from establishing and maintaining other forms of
customer service interaction or communication, such as text messages, mobile device apps,
social media, or “chatbots” via the website. In the event Contractor establishes such forms,
they shall notify the City and to the extent feasible, allow the City to link or connect any
similar form of City communication. For example, the City maintains several social media
platforms, including “Facebook”. In the event Contractor utilizes “Facebook” for customer
service communications, it shall allow the City to link to Contractor’s “Facebook”.
C.Customers shall have the right to speak to a supervisor in the event the customer is not satisfied
with the response from the customer service representative. The City shall direct any customer
inquiry to the customer service representative or supervisor if the customer has not already
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done so. In the event the customer is not satisfied with the response after speaking with the
supervisor and contacts the City, a Contractor liaison shall promptly meet with the City to
attempt to resolve the issue.
D.The Contractor shall develop a Customer Service Plan, to be approved by the City, which shall
identify and outline customer service standards, customer service goals, and strategies and
plans for implementing new procedures in response to customer service issues or complaints.
The Customer Service Plan shall include reasonable times for responses to complaints. The
City shall approve the Customer Service Plan and any updates thereto, which is included as
Exhibit “D”. The Contractor shall review the Customer Service Plan periodically, but not less
than once per year, and update as necessary.
E.All customer service complaints or concerns shall be documented and provided as part of the
Contractor’s annual report and to the City within seven Business Days after request by the City.
F.The Contractor shall ensure that all contracts between it and the Designated Haulers are
commercially reasonable and comply with all terms contained herein, including the
Performance Standards and Customer Service Plan. The Contractor may include any terms
that are commerciallyreasonable, including penalties, interest fees, late charges and service
limitations and restrictions for late or non-payment or violation of rules; provided, however, all
Designated Haulers, including Designated Haulers that may be owned, operated, or are
subsidiaries of Contractor shall be charged the same rates, penalties, and fees and be subject to
the same service limitations and restrictions.
3.12Notice of Disruption of Service. The Contractor shall notify the City Representative of any
construction, maintenance, or other activity or occurrence which could disrupt, slow or otherwise
impact the provision of Solid Waste Services immediately after Contractor becomes aware of such
activity or occurrence. Contractor shall also provide any such information on its website for the
general public, and notify Designated Haulers of such information.
3.13Notice of Future Plans. Other than emergencies, which shall be covered pursuant to Article 6 and
none of the provisions of this Section 3.13, the Contractor shall notify the City in writing in the
event that the Contractor obtains accessto alternative transfer or disposal facilities or desires to use
other methods of waste disposal which could be utilized in carrying out this Agreementin any
material respect. This includes any purchase of equipment that will materially modify how the
Contractor provides services hereunder, and any capital improvements to the existing Transfer
Facility. The transition to an alternative transfer facility, use of alternative disposal facilities, desire
to use other methods of waste disposal, any purchase of equipment that will modify how the
Contractor provides services hereunder, or any capital improvements to the existing Transfer
Facility shall be at all times subject to Contractor’s obligations in section 3.1(D). In the event
Contractor desires to use alternative transfer or disposal facilities or disposal methods, or any
purchase of equipment that willmateriallymodify how the Contractor provides services hereunder,
or complete capital improvements to the existing Facility, Contractor shall provide a written
transition plan demonstrating how the transition would occur, any impacts to the provision of Solid
Waste Services, and the mitigation plan therefore. The transitionto and use of any alternative
facilityor equipment, or the construction of any improvements at theTransfer Facilityshall not
result in any cost to the City nor any increase in Service Fee or Organics Fee rates, unless approved
by the City. Capital improvements for the Transfer Facility, and any purchase of equipment that
will modify how the Contractor provides services hereunder, shall be within the discretion of the
Contractor as long as, prior to such improvements or purchases, the Contractor provides notice and
the transition plan to the City, and as along as City provides written approval of the transition plan
prior to the improvements or purchases. Subject to the other provisions of this Agreement, the City
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shall have authority, in its sole discretion, to approve the use of alternative transfer or disposal
facilities.
3.14Ongoing Maintenance of Financial Condition. The Parties have agreed that Contractor’s ongoing
financial health and stability are vital to the continued provision of Solid Waste Services for the
term of this Agreement. Solely to demonstrate financial health as it relates to the provision of Solid
Waste Services hereunder, within 30 days of the end of the calendar year, the Contractor shall
provide a letter or other formal statement from the Contractor’s designated bank to the City
demonstrating that Contractor has met all financial covenants, including the debt service coverage
ratio and financial reporting, and made all prior payments timely, required by the bank for financing
related to the provision of Solid Waste Services herein.
ecessary Contracts. The Contractor shall provide for City review, but not approval, of all third-
3.15N
party service contracts necessary for Contractor to provide Solid Waste Services, including but not
limited to third-party contracts for Transport Services and Disposal Services and with any Disposal
Facilities. Contractor may redact any cost or fee schedules, special terms not applicable to this
Agreement and other proprietary, trade secret or confidential information from such contracts prior
to providing to the City, provided thattheContractor shall not redact the names of the parties to the
contract, the term of the contract, insurance requirements, and indemnity provisions. All such
contracts shall beinitially provided prior to execution of this Agreement. The Contractor shall
provide any amendments or new contracts within 30 days of their execution.
3.16Business Registration. The Contractor shall register with the City as a business prior to the
Effective Date of this Agreementand shall remain registered for the term of this Agreement.
3.17Commencement of Service. The Contractor shall begin accepting Solid Waste generated within
the City pursuant to this Agreement on January 1, 2025.
3.18Surety. Prior to the Effective Date of this Agreement, the Contractor shall provide to the City a
contract performance Surety in the form of a performance bond or letter of credit for the term of
this Agreement. The amount of the Surety shall be $1,000,000. The Surety shall be consistent with
the terms of this Agreement and be substantially in the form set forth in Exhibit “E” to this
Agreement, or such other form customary in the industry which the City approves in writing, which
approval shall not be unreasonably withheld, conditioned or delayed.
3.19Public Records: Confidentiality.
A.The Parties agree that all records of the Contractor and of the City which are related to this
Agreement and the Solid Waste Services provided hereunder and which are prepared, owned,
used, or retained by the City are public records under the Public Records Act (chapter 42.56
RCW) and may be subject to disclosure unless a statutory exemption applies. The City agrees
to not intentionally waive any statutory exemptions from disclosure available for such records
under the Public Record Act. The City shall, if possible, notify the Contractor before any
disclosure, and provide the Contractor withan opportunity to intervene through judicial process
to resist release of such records. The City agrees not to object to the Contractor’s intervention
in any judicial proceeding in which the City resists the release of the records in question so
long as the Contractor’s request to intervene is limited to resisting the release of the records.
The City shall have no duty to resist release of any Contractor records, except to provide notice
to Contractor of the request for and disclosure of such records as previously described.
B.All reports, educational materials, and other records prepared by the Contractor and provided
to the City pursuant to this Agreement are and shall be the property of the City and shall be
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subject to disclosure pursuant to chapter 42.56 RCW or other applicable public records laws.
The written, graphic, mapped, photographic, or visual documents prepared by the Contractor
under this Agreement and provided to the City shall, unless otherwise provided, be deemed the
property of the City. The Cityshall be permitted to retain these documents, including
reproducible camera-ready originals of reports, reproduction quality mylars of maps, and
copies in the form of computer files, for the City’s use. The City shall have unrestricted
authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports,
data, drawings, images or other material prepared under this Agreement that Contractor
provides to the City pursuant to this Agreement; provided City shall not publish, disclose, or
distribute any financial information provided under Section 3.14 without prior notice to
Contractor of its intent to do so or without providing the Contractor an opportunity to intervene
through judicial process to resist release of such records; and provided further that Contractor
shall have no liability for the use of Contractor’s work product outside of the scope of its
intended purpose. City shall provide Contractor with notice of any public records requests
under Section 3.19(A).
C.The City, or as requested and authorized by state law, State Auditor, or any of their
representatives shall have full access to and the right to examine during normal business hours
all of Contractor’s records with respect to all matters that are directly related to and covered in
this Agreement and are required to be provided by Contractor to the City under Section 3.24 or
to support fee adjustments under Section 5.3, including tonnages received and revenues
received by Contractor from Solid Waste generated within the City. Such representatives shall
be permitted to audit, examine and make excerpts or transcripts from such records for a period
of six years from the final date of this Agreement, provided that such representatives shall hold
such matters in strictest confidence and not disclose them except in accordance with the
limitations on disclosure set forth in this Section 3.19. The Contractor may request an
independent third-party accountant or other professional to review any document that it
believes is not directly related to this Agreement. In the event the independent third-party
determines a document is not directly related to this Agreement, such document shall not be
subject to review by the City or State Auditor.
D.The Contractor may, from time to time, receive information which the City designates in
writing to be confidential. The Contractor shall not disclose such informationwithout the prior
express written consent of City or upon order of a Court of competent jurisdiction.
3.20Compliance with Laws and Regulations. The Contractor agrees that in providing the Solid Waste
Services and the performance of its duties and obligations under this Agreement, the Contractor
will qualify under, and comply with, any and all federal, state and local laws, requirements,
regulations, licenses, certificates, approvals and permits now in force and which may hereafter be
enacted and become effective, which are applicable to the Contractor, its employees, agents or
subcontractors.
3.21Permits, Licenses, etc. The Contractor and any subcontractors shall obtain and maintain, at their
sole expense, all permits, licenses, certificates and approvals required by federal, state and local
law for its operations and activities under this Agreement. The Contractor shall file with the City
a list of all such permits, licenses, certificates and approvals designating the issuing authority, the
dates of issuance, the expiration of those permits, licenses, certificates and approvals and shall file
a copy of all current permits, licenses, certificates and approvals with the City. The Contractor
shall be solely liable for all fines or penalties that may be imposed by any regulatory agency or
other governmental authority for violations of permits, laws, approvals, certificates or regulations;
the City shall not be liable for and shall not reimburse the Contractor for payment of any fines or
penalties.
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3.22Tariffs. Surcharges, Taxes and Fees. Except under the limited circumstances expressly set forth in
this Agreement, the Contractor shall be responsible and liable for payment of all federal, state and
local taxes and fees, tariffs and surcharges of every form and description including, without
limitation, those that apply to any and all persons, property, income, equipment, materials, supplies,
structures or activities that are involved in the performance of this Agreement.
3.23Notification of Violations - Full Disclosure. This Section shall not apply to notification and reports
of customer service complaints that occur in the normal course of business, which shall be handled
in accordance with Section 3.11. Within 10 days of receiving notice of any other complaint,
accident, appeal, claim or notice of violation, or other judicial or administrative action, formal or
informal relating in any way to the provision of services under this Agreement, filed against the
Contractor, the Transfer Facility, or any subcontractor or third-party service provider, or within 10
days of filing, receiving or otherwise learning of any bankruptcy proceeding filed by or against the
Contractor, any of its owners or any entity related to the Contractor, the Contractor shall notify the
City of the same in writing. The Contractor shall notify the City of the existence, filing, or receipt
of any reports or other documents in any manner related to groundwater, without limitation,
including the sampling or the testing thereof. The Contractor shall provide copies of any
complaints, accidents, appeals, claims or notices of violation, or other judicial or administrative
action, formal or informal, responses thereto, and any reports or documents related to groundwater,
as requested by the City within seven days of the City’s request, or if the request is made prior to a
response, within seven days of such response. The Contractor shall provide notice of final
resolution of any such complaint, accident claim, appeal, claims or notices of violation, or other
judicial or administrative action to the City within 10 days of such resolution. This Section 3.23
contemplates full and forthright disclosure by the Parties.
3.24Reports. The Contractor shall keep accurate records of all transactions connected with this
Agreement including, but not limited to, all correspondence and invoices, transaction/weight tickets
and receipts issued to or at the Transfer Facility and Disposal Facilityfor Solid Waste generated in
the City. Notwithstanding anything to the contrary in this Agreement, the City shall have the right
to review and audit the Contractor’s records to which the City has access under Section 3.18(C),
above. The Contractor shall provide, in a form acceptable to the City, a quarterlyreport for the
preceding reporting period summarizingroutine and extraordinary activities relating to Solid Waste
generated in the City during the prior reporting period and plans and schedules for future activities.
The quarterly reportsshall provide data by monthly increments. Prior to January 31 of a given
year, an annual report shall be prepared and submitted for the entirety of the previous calendar year,
with the data provide in monthly increments. The reportsshall include:
A.Tonnage. The tonnage by type of waste (total Solid Waste, Acceptable Waste, Recyclables,
Organics, C&D Waste, MRW, Special Waste, and Unacceptable Waste) or other material
generated within the City and accepted at the Transfer Facility and the tonnage processed as
part of the Contractor’s Transport and Disposal Services. Tonnages shall be based upon actual
tonnages as measured by a scale system legally calibrated and certified to be accurate by the
appropriate governmental entity or agency, or if no such agency is conducting calibrations or
certifications, an independent contractor, to certify such scales.
B.Trips. The number of trip visits to the Transport Facility by: (1) Designated Haulers, and (2)
Self Haulers.
C.Customer Service Inquiries. The number of customer service inquiries handled by customer
service representatives from Designated Haulers or Self Haulers by month and by the following
categories: (1) fee issues; (2) issues with interactions with Contractor staff; and (3) provisions
of services (e.g., wait times, acceptance of waste, etc.).
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D.Extraordinary Occurrences. Any extraordinary occurrences affecting the Contractor’s
performance of this Agreement including, but not limited to, incidents of inadvertent
acceptance of Unacceptable Waste generated within the City known to Contractor, and
occurrences affecting or caused by the Transfer Facility, any subcontractor or third-party
service provider.
E.A discussion of education and outreach efforts, and of grants pursued and results.
3.25Changes in Law. The Parties agree that periodically there may be a Change in law that may impact
the methods or delivery of Transfer, Transport, and Disposal Services and/or the operations of the
Transfer Facility under this Agreement. In the event there is a Change in law that materially impacts
Transfer, Transport, or Disposal Services, materially impacts the operations of the Transfer Facility,
or that will cause material delays, interruptions, or disruptions to such Services or Facility under
this Agreement, Contractor shall notify the City of such Change in law as soon as reasonably
possible. The Parties shall mutually agree on necessary modifications to Transfer, Transport, or
Disposal Services, or modifications to the Transfer Facility, to minimize impacts, delays,
interruptions, or disruptions. Such modifications may include modifications to operations,
equipment, and/or the Transfer Facility. Contractor shall develop a transition plan to address
Services prior to and during any such modifications. In the event such modification(s) that is
necessary as a result of the Change in law will result in actualincreased cost to Contractor,
including, but not limited to, whether such increased costs are due to net loss or reallocation of one
or more streams of waste, Contractor may seek adjustments to Service Fees in the manner set forth
in Section 5.3(C). Any fee change under this provision shall not be duplicative above and beyond
any other increase in fees allowed by any other Section of this Agreement. For example, if the
Organics tonnage increases above the limit set in Section 5.2(B) as a result of a Change in law,
Section 5.2(B) controls exclusively as stated therein, and Contractor may not seek increases under
both this Section and Section 5.2(B) for that increase.
3.26Community Cleanup events. The City may from time-to-time request, and Contractor agrees to
cooperate, in providing one or more community clean-up events or programs. Such events shall be
in such forms and manner as agreed to by the parties through letter agreements executed by the
City Manager or designee for the City and President for Contractor. The City agrees to pay for
such programs either through direct payments for actual costs or by authorizing adjustments to
annual rates for actual costs of suchprogram or programs. Parties agree to cooperate and work
together in good faith in developing, implementing, and promoting any community clean-up
programs. Examples of clean-up programs could include distribution of vouchers allowing drop-
off of a free solid waste load at the Transfer Facility, or distribution of disposal vouchers to non-
profits for clean-up events throughout the City. Contractor shall provide estimated costs for any
community clean-up program prior to implementation of such program and provide such services
after the approval of the City of the costs.
ARTICLE 4CITY’S RESPONSIBILITIES
4.1Delivery of Acceptable Waste. No minimum amount of Acceptable Waste tonnage is guaranteed
under this Agreement. However, the City shall, in its contracts with Designated Haulers, obligate,
to the maximum extent allowed by law, the Designated Haulers to haul and deliver all Acceptable
Waste collected pursuant to such contracts to the Contractor’s Transfer Facility for processing. The
City shall diligently enforce, to the maximumextent allowed by law, all obligations in its contracts
with Designated Haulers, including, without limitation, those related to the collection, hauling and
delivery of Acceptable Waste to the Transfer Facility. The provisions of the City’s contracts with
the Designated Haulers shall not restrict Contractor’s right to enforce the terms of its agreements
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with the Designated Haulers described in Section 3.10(F). In the event the City chooses to provide
for Acceptable Waste collection through the use of City staff and resources, the City shall haul and
deliver all such Acceptable Waste collected to the Contractor’s Transfer Facility for processing.
The City’s obligation to contractually obligate and enforce its collection, hauling, and delivery
obligations with its Designated Haulers as outlined above does not create any obligation or
requirement for the City to impose mandatory collection from all of its residents and commercial
businesses.
4.2Cooperation with Contractor. The City shall use its best efforts to cooperate with the Contractor
and to respond to the Contractor’s reasonable requests for information and assistance, consistent
with the provisions of this Agreement. As part of its cooperation, the City shall provide all necessary
information to assist with educational components.
4.3Comprehensive Solid Waste Management Plan. The City shall maintainand update as required by
lawa Comprehensive Solid Waste Management Plan in accordance with chapter 70A.205 RCW,
as now adopted or hereafter amended. Subject to the requirements of applicable law, the
Comprehensive Solid Waste Management Plan adopted by the City and any amendments thereto
shall be consistent with the terms of this Agreement. The City shall include the Contractor in public
discussions and development of the City’s Comprehensive Solid Waste Management Plan to the
extent permitted by law during the term of this Agreement. In the event any inconsistency is
determined between the Comprehensive Solid Waste Management Plan and this Agreement, the
City shall notify the Contractor and the Parties shall in good faith negotiate an amendment to this
Agreement, which shall include adjustments to the Fees payable to Contractor to fairly reflect
additional or reduced services, costs and expenses or reductions or increases in waste arising from
such amendments, so that the provision of Solid Waste Services under this Agreement does not
violate the City’s Comprehensive Solid Waste Management Plan. In the event the Parties cannot
come to agreement on modified fees, the Parties shall resolve such fee dispute in accordance with
the provisions of Article 12 - Disputes.
4.4Compliance with Laws and Regulations. City agrees that in the performance of its duties and
obligations under this Agreement, the City shall comply with any and all federal, state and local
laws, requirements, regulations, licenses, certificates, approvals and permits now in force and
which may hereafter be enacted and become effective, which are applicable to the City or its
officers, employees or agents and which are related to the provision of Solid Waste Services as
provided herein.
ARTICLE 5FEES
5.1Load Limits. There shall be no per load minimum or maximum tonnage of Acceptable Waste,
Recyclables, Organics, or C&D Waste required for acceptance of such wastes and Recyclables at
the Transfer Facility.
5.2Fees. For the Contractor’s performance of its obligations under this Agreement it shall be entitled
to the sum of the Service Fee, Organics Fee, and Special Waste Fees as follows:
A.Service Fee.
1.$126.23 per ton of Acceptable Waste and C&D Waste. The Contractor may impose a
minimum charge for Acceptable Waste and C&D Waste of up to $19.81 for 300 pounds of
waste.
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2.Customers may deliver up to four non-Class 8 truck tires in a single load of Acceptable
Waste without a separate charge.
3.Customers may deliver up to one tree stump in a single load of Acceptable Waste without
a separate charge.
B.Organics Fee.
1.$71 per ton of Organics,. The Contractor may impose a minimum charge for Organics of
up to $13.40 for up to 390pounds of Organics. The Organics Fee shall only apply to routes
and loads consisting of Organics derived from within the City with no more than a small
amount of Organics derived from outside the City. The Organics Fee shall not apply to
routes and loads delivered from Self Haulers and Designated Haulers with more than a
small amount of commercially derived Food Scraps.
2.The Parties acknowledge thatOrganics Waste fluctuates year-to-year, but historically has
averaged 5,080 tons per yearfrom 2014 through 2024. To accommodate extreme
fluctuations in Organics and the impact it will have on Transfer, Transport, and Disposal
services, to the extent the quantity of Organics received by Contractor exceeds 7,000 tons
of Organics delivered per year,Contractor shall be entitled torequestan equitable
adjustment of the Organics Feeto addressactual reasonable costs incurred by Contractor
as a result of such extreme increase in tonnage of Organics. Contractor may make such
request based upon an annual estimate from actual Organics Waste tonnage collected for at
least a six-month time period. The 7,000 tons of Organicsreferred to in this Section
5.2(B)(2) shall automatically be adjusted annually to account for the average growth or
decreases in the total Acceptable Waste collected over the prior calendar year. For example,
if the Acceptable Waste grows 1.7% in 2025, the 7,000-ton limit shall be automatically
increased 1.7% for any fee increase requested in 2026.
3.The Contractor shall provide notice to the City at least 60 days prior to increasing the
Organics Fee. The notice shall include documentation showingthe actual and estimated
increase in Organics tonnage, changes in other Solid Waste tonnages, the cost increases
incurred by the Contractorto justify the requested increase in Organics Fee, and other
relevant information. Upon receipt of the notice, the City may request such other
information to evaluate the request and may request corresponding decreases in the Service
Fee. Anysuch increase shall be subject to the approval of the City which approval shall
not be unreasonably withheld, conditioned or delayed. The Parties agree that these
Sections 5.2(B)(2) & (3) shall be utilized in lieu of Section 3.25, Section 5.3, or any other
section of this Agreement when Organics tonnage exceeds the limits set forth herein,
regardless of the reason for the increase in Organics tonnage.
C.Special Waste Fees. Except as otherwise provided in Subsection A above with respect to tires
and stumps, the Contractor shall have sole discretion to set the rates for handling and disposal
of Special Waste, provided, however, such rates shall be reasonable based upon costs for
acceptance, processing, transport and disposal of such Special Waste. The Contractor is
obligated to provide for the handling and disposal of Special Waste as provided herein.
The Parties agree that the Service Fee is comprised of and includes any and all costs associated
with acceptance, processing, transport, disposal, and recycling of Recyclables, MRW, and, if it
is accepted by Contractor, Unacceptable Waste, and costs associated with maintenance, repair,
improvements (as provided herein), and purchase of equipment for the Transfer Facility and
Transfer Services. The Contractor shall not charge any fee to Designated Haulers or Self
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Haulers for acceptance, processing, transport, disposal, and recycling of Recyclables and
MRW. The Contractor shall retain any revenues received from recycling of all Source-
Separated Recyclables, composting of Source-Separated Organics, and salvage of
commercially usable Acceptable Waste and C&D Waste. All Service Fees, Organics Fees, and
Special Waste Fees shall be charged to Designated Haulers and Self Haulers and collected by
Contractor at the time such waste is accepted at the Transfer Facility, or by invoice to the
Designated Haulers in the event the Contractor has separate agreements with the Designated
Haulers. Except as provided below, the Contractor shall not be entitled to and the City shall
not be required to make any payments to Contractor for any reason under this Agreement,
except as otherwise provided in Article 8 (Indemnification) and Article 11 (Default). In the
event City provides for collection and delivery of Solid Waste generated by the City with its
own staff and delivers it to the Transfer Facility, the City shall be charged and pay the same
rates as all other customers as set forth herein unless otherwise agreed to in writing by the
Parties.
5.3Adjustment of Fees.
A.Annual Adjustment. Effective on January 1, 2026and on January 1st of each year thereafter
during the term of this Agreement, the then current Service Fee and Organics Fee, as previously
adjusted under this Section 5.3(A), shall be automatically increased by 95% of the percentage
change in the average CPI for the 12 month period July 1 through June 30 of the calendar year
before the adjustment becomes effective as compared to the average CPI for the 12 month
period July 1 through June 30 in the year beforethatand multiplying the result by the then
applicable Service Fee and Organics Fee. The Annual Adjustment shall be set no later than
October 1 of each year, to become effective as outlined in this section. Contractor shall provide
an estimate of the Annual Adjustment to the City by September 1 of each year to allow the City
to accommodate its determination of the City’s Administrative and Maintenance Fee.
B.Adjustment for Government Taxes. The Contractor may increase the fees payable under
Section 5.2 for reasonable actual increased costs resulting from changes in government, health
district and/or department, or other agency taxes, fees, and surcharges that are assessed upon
Contractor for its operations and Solid Waste Services hereunder that occur or are increased
after the Effective Date of this Agreement. Such changes shall include solid waste utility taxes
and other taxes, fees, surcharges and impositions relating to solid waste or solid waste
processing, handling and disposal. Such changes do not include real estate taxes, ad valorem
taxes, telecommunications taxes, water and sewer connection fees or water and sewer user fees,
sales or income taxes, host fees, other utility taxes, and any other similar fees, taxes, surcharges,
and assessments. The Contractor shall provide notice to the City at least 30 days prior to
increasing such fees and the City may request documentation of the reasonable actual increased
costs resulting from suchchanges. If the City requests documentation andtheContractor does
not or cannot provide such documentation, the Contractor may not increase fees until
Contractor provides such documentation. After-enacted government taxes, fees, and surcharge
increases or decreases are not subject to the annual adjustment contained in Section 5.3(A).
Any dispute regarding the appropriateness of increases shall be resolved pursuant to Article 12
(Disputes).
C.Adjustment for Changes in Federal, State and Local Law. The Contractor may increase the
fees payable under Section 5.2 for reasonable actual increased costs resulting from changes in
federal, state, or local law. For purposes of this Section, “Change in law” excludes any change
in tax, fee, or surchargeas provided for in Section 5.3(B). The Contractor shall provide notice
to the City at least 30 days prior to increasing such fees and the City may request documentation
of the reasonable actual increased costs resulting from such changes. If the City requests
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documentation and Contractor does not or cannot provide such documentation, the Contractor
shall not increase fees until Contractor provides such documentation. Any dispute regarding
the appropriateness of increases shall be resolved pursuant to Article 12 (Disputes). Any fee
change under this provision shall not be duplicative above and beyond any other increase in
fees allowed by any other Section of this Agreement. For example, if the Organics tonnage
increases above the limit set in Section 5.2(B) asa result of a Change in law, Section 5.2(B)
controls exclusively as stated therein, and Contractor may not seek increases under both this
Section and Section 5.2(B) for that increase.
D.Adjustment for Uncontrollable Circumstances. Upon reasonable agreement of the Parties, the
Contractor may increase the fees payable under Section 5.2 for reasonable actual increased
costs resulting from Uncontrollable Circumstances. The Contractor shall provide immediate
notice of such Uncontrollable Circumstances to the City. The City may request documentation
of such reasonable actual increased costs resulting from Uncontrollable Circumstances. The
Parties shall work diligently and reasonably towards agreement and shall not unreasonably
withhold or delay agreement on any fee increase. The agreed upon fees shall include all actual
reasonable increased costs incurred from the date of the Uncontrollable Circumstances. Any
dispute regarding the appropriateness of increases shall be resolved pursuant to Article 12
(Disputes).
E.Reduced Fees for “Most Favored Customer.” Notwithstanding any provision to the contrary
herein, the Contractor may use the Transfer Facility to process Solid Waste of any governmental
or private entity or person other than the City, Designated Haulers, and Self Haulers. In the
event the Contractor enters into an agreement with any governmental entity other than the City
to process Solid Waste that requires the Contractor to perform one or more of the same material
Solid Waste Services the Contractor is required to perform under this Agreement in the same
manner and to the same extent as required under this Agreement, the Contractor shall reduce
the applicable Service Fee or Organics Fee under this Agreement to the lower amount provided
to the other governmental entity.If there is a difference in the manner, quantityor extent in the
Solid Waste Services that results in lower rates to other governmental entities, the City may
request information and the Parties may negotiate such amendments or adjustments to the
manner or extent of such Solid Waste Services under this Agreement to allow for application
of the lower rates.
ervices Under Emergency Operations Plan. In the event the Contractor implements the
F.S
emergency operations plan under Article 6(Emergencies), the Service Fee and Organics Fee
shall not increase above the rate in effect immediately prior to the date and time of such
implementation.
G.No Payment for Services Not Performed. The Contractor shall receive no payment for services
required under this Agreement which are not provided by the Contractor or its subcontractors,
even if such failure is caused by events or occurrences of a nature commonly known as “force
majeure” or acts of God or strikes beyond the Contractor’s control.
H.Reduced Fees for Changes in Law, Taxes, and Other Systemwide Changes. If there are any
changes in taxes, Changes in law, systemwide changes tothe provision of Solid Waste Services
affecting the City or regional or state solid waste systems, or other changes that occur as
identified in Section 5.3onlythat result in decreases in reasonable actual costs,fees, rates, or
taxes, in each case as previously referenced in this Section 5.3, the City may request
information, analysis, and implementation of decreased rates. Contractor shall work with City
to provide such information and implement adjusted rates where actual costs decrease as a
result ofsuch change. Such changes include, but are not limited to, mandated curbside
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collectionby the City, state or other agency with jurisdiction, decreasedliability of the
Contractor for taxes under Section 5.3(C), or other systemwide changes tothe provision of
Solid Waste Services affecting theCity orregional or state solid waste systems, including but
not limited to the selection of different Designated Haulers.
5.4Fees and Taxes Payable to the City.
A.The Contractor shall pay an annual administrativeand maintenancefeeon Acceptable Waste
and Organics generatedwithin the City to the City to compensate the City for costs associated
with administration of this Agreement, management of Solid Waste within the City, and the
impacts of transport operations on City streets to and from the Transfer Facilityat such amount
as described in this Section 5.4. Such fee shall be paid in quarterly installmentsat amounts
calculated as outlined in Section 5.4(C),due within 30 days of the completion of the first
calendar quarter of 2025 and within 30 days of the completion of each calendar quarter
thereafter throughout the term of the Agreement. The City may alter thefee once each year
upon authorization from the City Counciland shall notify the Contractor of such alteration by
September 22 of each calendar year. Any alteration shall not take effect beforeJanuary 1 of
the subsequent calendar year. For purposes of calendar year 2025 the administrative and
maintenance fee shall be_________ per ton of Acceptable Waste and Organics received from
Solid Waste generatedwithin the City and delivered to the Contractor. The City shall use the
administrative and maintenance fee for administration of this Agreement, any and all costs
related to management of its solid waste program, including community clean-up programs,
and/or a portion of its street preservation, maintenance, and operation programs.
B.The City shall have the right to request review and/or audit of all records related to the tonnages
of Acceptable Wasteand Organicsreceived from Solid Waste generatedwithin the City and
delivered to the Contractor and amounts payable and due under Section 5.4(A) at any time.
C.The administrativeand maintenancefee payable to the City shall be calculated on a per ton
basisfor tonnage of Acceptable Wasteand Organicsreceived from Solid Waste generated
within the City and delivered to the Contractor. A worksheet showing the calculation of the
administrativeand maintenancefee shall be included with payments of that fee to the City. The
administrativeand maintenancefeemay be added, as applicable, to the fees set forthin Section
5.2, as adjusted, to make up the total tippingfees that Contractor charges to Designated Haulers
and Self Haulers.The Contractor shall have the right to direct any questions regarding the
administrativeand maintenancefee to the City and the City shall be responsible for handling
all complaints and inquiries about such administrative and maintenance fee. The Contractor
shall be responsible for the collection and delivery of the administrativeand maintenancefee
to City to the extent of the amount owedbased on tonnage of Acceptable Wasteand Organics
received from Solid Waste generatedwithin the City and delivered to the Contractor. The
Contractor shall collect the City’s administrativeand maintenancefee as agent for the City and
shall deliver the amount collected to the City as provided in Section 5.4(A). For purposes of
calculating taxes on the collection and delivery of the administrative and maintenancefee, the
City’s administrativeand maintenancefee is not the income or asset of Contractor for any
reason and is paid to and received by the City exclusively because of the exercise of its
governmental functions. The Contractor shall not have any personal liability to the City for the
administrativeand maintenancefee other than the obligation to collect and deliver the
administrativeand maintenancefee to the City as set forth in Section 5.4(A). The Contractor
shall maintain books and records showing that Contractor is acting as agent for the City and
that the City is the actual owner of the City administrative and maintenance fee funds collected
by Contractor.
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D.In the event the City imposes a solid waste utility tax or other business and occupation tax on
the provision of Solid Waste Services by the Contractor or the Contractor’s operation of its
solid waste business, the Parties agree that such tax is an after-enacted government tax under
Section 5.3(B) and Contractor shall be entitled to increase the fees payable under Section 5.2
for the actual increased costs resulting from such tax. Such tax shall be paid to the City at such
time and in such manner as specified in the ordinance imposing such tax.
ARTICLE 6EMERGENCIES
6.1Notification. Any Party with knowledge of circumstances or potential circumstances which could
impact the availability of Acceptable Waste, the ability of the Transfer Facility to process
Acceptable Waste, Recyclables, Organics,MRWand C&D Waste, and Special Waste, the ability
of the Contractor to provide Transfer Services, Transport Services, or Disposal Services, or the
ability of the Disposal Facility to dispose of, recycle, or compost Acceptable Waste, Recyclables,
Organics, and C&D Waste shall promptly notify the other Party. Said notification shall in no case
take more than 24 hours after the discovery of the information. Notification shall initially be oral
and shall be followed by prompt written notification.
6.2Emergency Operations Plan. Prior to the execution of this Agreement, the Contractor shall provide
to the City a written comprehensive emergency operations plan designed to provide an alternate
means of providing Transfer Services, Transport Services, and Disposal Services, to process,
transfer, transport and dispose of, recycle, and compost Solid Waste under this Agreement should
the Contractor not be able to do so with the originally designated Transfer Facility, Disposal Facility
or in the manner originally contemplated. Examples of emergencies which would give rise to use
of the emergency operations plan include, but are not limited to, Uncontrollable Circumstances that
render the Transfer or Disposal Facility inoperable, or government regulatory action that renders
the Transfer or Disposal Facility inoperable. Lack of capacity to process Solid Waste at either the
Transfer or Disposal Facility due to increased Solid Waste from sources other than the City shall
not constitute a valid emergency. The emergency operations plan shall be consistent with the terms
of this Agreement and shall be reviewed annually and updated as necessary. A copy of the
emergency operations plan is attached hereto as Exhibit “F.”
6.3Implementation of the Emergency Operations Plan. In the event that the Contractor fails or is
unable to provide the Solid Waste Services which it has agreed to performunder this Agreement,
or is unable to process, transfer, transport to and legally dispose of, recycle, or compost all
Acceptable Waste, Recyclables, Organics, and C&D Waste at the Disposal Facility, the Contractor
shall immediately implement the emergencyoperations plan and thereafter immediately notify the
City and the Designated Haulers orally, followed by a written notification to the City at the earliest
practicable time, which shall not exceed 24 hours from the time the emergency operations plan was
put into effect.
6.4Natural Disasters and other Community Emergencies. In the event of a widespread natural disaster,
such as a major windstorm, snowstorm, ice storm, wildfire caused by weather impacts, or other
weather-related event, the City may request the Contractor assist with debris disposal above and
beyond standardoperational practices for a defined and limited period. Generally such requests
will be triggered by a formal declaration of an emergency by City Council or City Manager, though
the City may make a requestfor any natural eventor community emergency that materially impacts
the need for immediate solid waste services for community membersas determined by the City.
Within three months of executing this Agreement, the contractor shall submit a plan that includes,
at a minimum, the following terms, which may be adjusted based on the actual disaster or
emergency:
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A.City staff will communicate a defined number of days of acceptance of disaster-related debris
to the Contractor.
B.Contractor will track and accept debris from Self-Haulersand those contracted with the City to
collect and manage the debris,under the same size and condition constraints under normal
operation as outlined in the contract, except as may otherwise be agreed by the Parties. Such
tracking shall include tonnage of materials received specifically related to the emergency event.
C.The Parties agree towork together and utilize their respective websites and social media to
communicate to the publicthe logistics of emergency-generated debris disposal by self-haulers
and those contracted with the City to collect and manage the debris, including process, size and
volume restrictions specific to the incident, and time and date parameters.
D.The Contractor shall make available as the primary preferred short-term emergency debris
disposal site a facility within a reasonable distance of the Transfer Station, or a mutually
agreeable alternate site upon request of the City via the process outlined above.
E.The Contractor shall define areas for short-term collection and staging of debris from self-
haulers and those contracted with the City to collect and manage the debris in piles and/or via
collection boxes located on the primary preferred site.
F.The Contractor will exclude from its emergency-related cost calculations any materials
received and transacted as a normal course of business during the defined emergency disposal
timeframe.
G.Contractor shall be entitled toreimbursement for actualcosts incurred for disaster or emergency
related waste services covered under this Sectionabove and beyond normal Transfer, Transport,
and Disposal Services. Contractor shall provide receipts, data, and other supporting
documentation to demonstrate tonnage of waste handled and actual costs incurredspecific to
the emergency event, if reasonably practicablein light of such emergency. The City shall
provide reimbursement eitherthrough (1) adjustment of rates for a period of 12 calendar
months beginning at the same time as the next regularly scheduled periodic rate adjustment, or
(2) through a payment from the City, selected in the City’s sole discretion. If the City exercises
the rate adjustment option, any emergency-related rate adjustment would end after 12 months,
would reimburse 100% of the amounts,and not factor into subsequent annual CPI calculations.
ARTICLE 7OWNERSHIP OF WASTE
7.1Ownership. Title to Solid Waste delivered to the Contractor under this Agreement is in the person
or entity which arranged for said delivery and provided the Solid Waste. The Contractor may obtain
ownership of Solid Waste delivered to the Transfer Facility to the extent provided by law, but only
to the extent that Contractor accepts and processes such Solid Waste. Notwithstanding anything to
the contrary in this Agreement, title to Solid Waste shall not vest in the City.
ARTICLE 8INDEMNIFICATION
8.1Indemnification and Hold Harmless Non-Environmental. Contractor shall, at its sole expense,
defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all
claims, actions, suits, liability, loss, costs, attorney’s fees and costs of litigation, expenses, injuries,
and damages of any nature whatsoever relating to or arising out of the breach by the Contractor of
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any of its representations, warranties or covenants under this Agreement or the intentionally
wrongful or negligent acts, errors,or omissions in the services provided by Contractor, Contractor’s
agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject
only to the limitations provided below. Such duty to defend, indemnify, and hold harmless the City
and its officers, agents, and employees shall survive the term of this Agreement.
8.2Indemnification and Hold Harmless - Environmental. Contractor shall, at its sole expense, defend,
indemnify, and hold harmless the City, its officers, agents, and employees, from any and all claims
of pollution or other environmental liabilities arising out of the Transfer Services, Transport
Services, and Disposal Services provided by Contractor, Contractor’s agents, subcontractors,
subconsultants, and employees, including any third-party service providers providing Transport
Services and Disposal Services or owning any Disposal Facility(s) utilized by the Contractor, for
disposal of Solid Waste under this Agreement. Such duty to defend, indemnify, and hold harmless
the City and its officers, agents, and employees shall survive the term of this Agreement until the
statute of limitations on any such claims expires which may last through operation, closure, and
post-closure of any Transfer Facility or Disposal Facility utilized by the Contractor to provide
Transfer and Disposal Services under this Agreement.
8.3General Provisions. The following provisions are applicable to indemnification under Sections 8.1
and 8.2:
A.Contractor’s duty to defend, indemnify and hold harmless City shall not apply to liability for
damages arising out of such services caused by or resulting from the intentional wrongful acts
or sole negligence of City or City’s agents or employees.
B.Contractor’s duty to defend, indemnify and hold harmless City against liability for damages
arising out of such services caused by the concurrent negligence of (1) City or City’s agents or
employees, and (2) Contractor’s agents, subcontractors, subconsultants and employees, shall
apply only to the extent of the negligence of Contractor, Contractor’s agents, subcontractors,
subconsultants and employees.
C.Contractor’s duty to defend, indemnify and hold City harmless shall include, as to all claims,
demands, losses and liability to which it applies, City’s personnel-related costs, reasonable
attorneys’ fees, and the reasonable value of any services rendered by the office of the City
Attorney, outside consultant costs, court costs, fees for collection, and all other claim- related
costs and expenses.
D.Contractor specifically and expressly waives any immunity that may be granted it under the
Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations
shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable to or for any third party under workers’ compensation acts,
disability benefit acts, or other employee benefits acts. Provided, that Contractor’s waiver of
immunity under this provision extends only to claims against Contractor by City, and does not
include, or extend to, any claims by Contractor’s employees directly against Contractor.
The Parties hereby certifythat this indemnification provision was mutually negotiated and
agreed to.
E.Contractor and the City agree to make and pursue claims against their applicable insurance
coverage for all costs and expenses related to third party claims. Nothing in this Agreement
shall constitute a waiver or relinquishment of any claims either Contractor or the City may have
against their respective insurers, nor shall any provision of this Agreement waive or relinquish
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any subrogation or contribution rights that Contractor or the City’s insurers may have against
another insurer or other potentially responsible party.
F.In no event shall the Contractor be liable for consequential, special, or incidental damages
suffered by the City.
ARTICLE 9INSURANCE
9.1Insurance Required. Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by Contractor, its agents, representatives,
employees or subcontractors.
9.2Minimum Scope of Insurance. Contractor shall obtain or, as indicated below, arrange for insurance
of the types described below:
A.Automobile liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
B.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and
shall cover liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The Commercial General Liability insurance shall be endorsed
to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an
endorsement providing at least as broad coverage. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The Cityshall be named as
an additional insured under the Contractor’s Commercial General Liability insurance policy
with respect to the work performed for the Cityusing ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
C.Workers’ compensation coverage as required by the industrial insurance laws of the State of
Washington.
D.Commercial Umbrella Liability Insurance (not “excess only” Umbrella Liability Insurance).
E.Pollution Liability Insurance covering bodily injury and property damage to third parties
resulting from sudden or gradual pollution occurring during the course of providing any of the
Solid Waste Services outlined herein. In the event Contractor utilizes a third-party service
provider to provide Transport Services and Disposal Services, including any third-party owned
Disposal Facility(s), Contractor shall provide or arrange for the owner of the Disposal Facility
to provide the Pollution Liability Insurance required under this Agreement and shall provide
evidence of or evidence that such owner has pollution liability insurance in at least the amount
provided in Section 9.3(D) for losses arising from the provision of such services and use of
such facility(s) for the Solid Waste Services provided under this Agreement.
9.3Minimum Amounts of Insurance. The required limits described in this Section 9.3 may be increased
at the City’s sole discretion, reasonably exercised based upon industry norms, after providing 180
days notice to the Contractor, but in no case may an increase be required prior to January 1, 2032.
Contractor may request modifications to the Service Fee for actual increases in costs as a result of
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any change in insurance limits under this Section. Contractor shall maintain or, as indicated in
Section 9.2(E), arrange for the following insurance limitsor equivalent or broader coverage that
meets or exceeds these requirements:
A.Automobile liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
B.Commercial general liability insurance shall be written with limits no less than $1,000,000 per
occurrence, $2,000,000 general aggregate.
C.Commercial Umbrella Liability Insurance (not “excess only” Umbrella Liability Insurance)
with limits of $5,000,000 for each occurrence.
D.Pollution Liability (Environmental Liability) with limits of $5,000,000 to be provided by the
party required to provide such insurance under Section 9.2(E).
The Parties acknowledge and agree that the Contractor has provided certificates of insurance to
the City evidencing its existing insurance coverages, and the City has confirmed that such
coverage meets the requirements of this Section 9.3.
9.4Other Insurance Provisions.
A.The insurance policies are to contain, or be endorsed to contain, the following provisions for
all insurance except workers’ compensation:
1.Contractor’s insurance coverage shall be primary insurance with respect to City. Any
insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess
of Contractor’s insurance and shall not contribute with it.
2.Contractor shall fax or send electronically in .pdf format a copy of insurer’s cancellation
notice within two Business Days of receipt by Contractor.
3.City shall be named as an additional insured.
4.If Contractormaintains higher insurance limits than the minimums shown above, City shall
be insured for the full available limits of commercial general, excess or umbrella, and
pollution liability maintained by Contractor, irrespective of whether such limits maintained
by Contractorare greater than those required by this Agreement or whether any certificate
of insurance furnished to the City evidences limits of liability lower than those maintained
by Contractor.
B.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A:VII.
C.Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,
Contractor shall furnish acceptable insurance certificates to the City Clerk at the time
Contractor returns the signed Agreement to the City. The certificate shall specify all of the
parties who are additional insureds, and will include applicable policy endorsements, and the
deduction or retention level. Insuring companies or entities are subject to City acceptance. If
requested, complete copies of insurance policies shall be provided to City. Contractor shall be
financially responsible for all pertinent deductibles, self-insured retentions, and/or self-
insurance. The Contractor shall obtain replacement insurance certificates meeting the
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requirements herein and furnish such replacement certificates to the City at least 30 days prior
to the expiration of the insurance certificate being replaced.
D.Insurance Required from Designated Haulers. The City shall, in its contracts with Designated
Haulers, obligate them to obtain and keep insurance policies in force with companies and
coverages as are customary in the industry. The City shall provide copies of all insurance
certificates for the Designated Haulers to Contractor within two Business Days of Contractor’s
request.
E.Failure on the part of Contractorto maintain the insurance as required shall constitute a major
default, subject to the terms of Article 11.
ARTICLE 10COORDINATION MEETINGS
10.1Initial Coordination Meeting. Prior to the commencement of services under this Agreement, the
Contractor, City and others requested by either Party shall meet as necessary to discuss scheduling,
processes and any other matters the Parties deem appropriate.
10.2Periodic Coordination Meetings and Reports. The City and the Contractor shall hold periodic
coordination meetings, no less than quarterly, to review the Solid Waste Services being provided,
problems and/or complaints made by third parties. Either the City or the Contractor may organize,
call and notify the other Party of that meeting. If requested, either Party shall submit a written
report to the other Party at least seven days before any meeting regarding operations, problems,
complaints or any other matter arising under this Agreement.
ARTICLE 11DEFAULTS
11.1Contractor Default. There shall be two classes of defaults by the Contractor in its performance
under this Agreement:
A.Major Default. A Major Default includes:
1.The Contractor’s failure to provide Transfer Services, Transport Services and Disposal
Services for all Acceptable Waste, Recyclables, Organics, and C&D Waste at the Transfer
Facility and Disposal Facility or an alternate facility under Section 3.11 for a period of two
consecutive Days provided such failure is not due to Uncontrollable Circumstances;
2.A release or the threat of a release by the Contractor of a Hazardous Substance, as defined
by the Comprehensive Environmental Response, Compensation, and LiabilityAct, 42
U.S.C. 9601 et. seq. as amended (“CERCLA”), or as defined by the Model Toxics Control
Act, chapter 70.105D RCW, as amended (“MTCA”), which the City reasonably concludes,
in its reasonable discretion, may constitute a release or threatened release of a hazardous
substance of such a degree that the United States Environmental Protection Agency or
Washington Department of Ecology would be reasonably likely to conduct a remedial
action, require remedial action by the City or the generators of the Solid Waste, or impose
liability on the City or generators of the Solid Waste; provided that a release or threat of
release of a Hazardous Substance as described in this Section 11.1(A)(2) shall not
constitute a Major Default or default by Contractor under this Agreement if Contractor: (1)
has already begun and is diligently pursuing a response or remedial action as required by
CERCLA or MTCA at the time of the City’s determination; or (2) following notice from
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the City of a release or threatened release, Contractor implements a response or remedial
action and diligently pursues it as required by CERCLA or MTCA;
3.The situation wherein the emergency operations plan is put into effect, whereupon, the City
shall have the reasonable discretion, 10 days thereafter, to determinethat Contractor is not
implementing the emergency operations plan and is failing to provide Transfer Services,
Transport Services, and Disposal Services for all Acceptable Waste, Recyclables, Organics,
and C&D Waste in accordance with the terms of the emergency operations plan, provided
such failure is not due to Uncontrollable Circumstances;
4.Except as otherwise permitted herein, the Contractor’s assignment of any rights, duties or
obligations under or arising from this Agreement without the prior written consent of the
City, which consent shall not unreasonably be withheld, conditioned or delayed;
5.Except as otherwise permitted herein, the transfer, conveyance or assignment of a
controlling ownership interest in the Contractor, without the prior written consent of the
City, which consent shall not unreasonably be withheld, conditioned or delayed; or
6.The filing of any bankruptcy proceeding against or by the Contractor and subsequent
proceedings thereafter whether voluntary or involuntary that prevent Contractor from
providing the Solid Waste Services under this Agreement, and in the case of a bankruptcy
filing against the Contractor or involuntary filing, the Contractor does not have such
proceeding vacated or dismissed within 60 days after it is filed.
7.Failure on the part of Contractor to maintain the insurance as required pursuant to Article
9.
B.Minor Default. A Minor Default includes any other failure by the Contractor to perform its
obligations under this Agreement which does not constitute a Major Default.
11.2Consequences of Contractor Defaults.
A.Major Default. In the event of a Major Default, the City shall have the right, in its sole
discretion, to immediately:
1.Seek and receive liquidated damages from the date of the Major Default in the amount of
$5,200 per day upto a maximum of $936,000, to the date the Major Default is remedied
by the Contractor or this Agreement is terminated, whichever comes first. Unless otherwise
agreed by the Parties or there is ongoing litigation regarding such determination of Major
Default, if, after 90 days from such determination, a Major Default does not appear to be
able to be cured in a reasonable time, City shall consider and make reasonable good faith
efforts to terminate this Agreementin a timely manneras provided herein.These liquidated
damages are not a penalty, but are fixed and agreed upon between the Contractor and City
because of the impracticability and difficulty of fixing and ascertaining the actual damages
that the City would sustain in the event of a Major Default;
2.Terminate this Agreement upon written notice and declare that it is released from its
obligations under this Agreement and may use any other method, person or entity to
provide the services required under this Agreement or substitutes therefore and may seek
any legal or equitable relief permitted by law;
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3.Use any other method, person or entity to perform the services required under this
Agreement or substitutes therefore without the Contractor being released from its
obligations under this Agreement;
4.Seek the judicial remedy of specific performance;
5.Foreclose on the Surety in accordance with this Agreement. The City shall reduce the
amount received from foreclosure on the Surety by the amount of any liquidated damages
received; or
6.Pursue any combination of the foregoing or any other remedy provided under this
Agreement or by law.
B.Minor Default. In the event of a Minor Default, the Contractor or Surety shall be permitted to
remedy the Minor Default within 30 days of the City sending written notice and if Contractor
does not remedy the Minor Default within such time period, or if such Minor Default is not
susceptible to cure within such 30 day period, if Contractor shall fail to commence and
diligently pursue such cure to completion within the period of time which is reasonably
necessary to complete such cure, then the Contractor shall pay to the City liquidateddamages
in the amount of $1,300 per day from the date that is the last day of such 30 day or reasonable
cure period to the date the Minor Default is remedied. These liquidated damages are not a
penalty butare fixed and agreed upon between the Contractor and City because of the
impracticability and difficulty of fixing and ascertaining the actual damages that the City would
sustain in the event of a Minor Default. If the Minor Default is not remedied within 30 days
after the expiration of the initial 30 day or reasonable cure period, the City may, at its sole
discretion:
1.Terminate this Agreement and obtain alternative services;
2.Seek the judicial remedy of specific performance;
3.Foreclose on the Surety in accordance with this Agreement. The City shall reduce the
amount received from foreclosure on the Surety by the amount of liquidated damages
received; or
4.Pursue any combination of the foregoing or any other remedy provided under this
Agreement or by law. If a Minor Default is not remedied within 90 days of its occurrence,
the City may, at its sole option, exercise any of the remedies set forth for remedy of a Major
Default under this Article.
11.3Default Procedure.
A.Notice of Default. Except as otherwise provided for in this Agreement, the City’s
representative shall give written notice to the Contractor’s representative and its Surety
provider of the City’s determination of default and intention to declare the Contractor in default.
The Notice shall specify the factual basis for the determination of default, the effective date of
the determination of default, and the remedy(s) selected by the City.
B.Show Cause. The Contractor may request to show cause why it should not be declared in
default, which may be allowed in the sole discretion of the City. In the event the City allows
the Contractor to show cause, the Contractor shall provide written explanation to the City
Manager, City Representative, and a third member from the City selected by the City Manager
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and City Representative. After considering the written explanation, the City Manager, City
Representative and third City member shall confer and may declare the Contractor in default
and notify the Contractor and Surety provider of such declaration. Any appeal of such
determination shall be resolved through litigation filed in the Superior Court of Spokane
County, Washington.
C.Cure and Appeal. For Minor defaults, the time period for curing such defaults shall begin to
run on the date the City gives initial notice of default, or in the event the Contractor elects to
show cause, on the date of the final declaration of default. Absent a specific order from a
superior court judge, the remedy(s) sought by the City and time period for cure as allowed
under this Agreement shall not be stayed pending the appeal process.
11.4City Default.
A.General. For each and every event of default by the City, the City shall be permitted to remedy
the default within 30 days of the Contractor sending written notice and if the City does not
remedy the default within such time period, or if such default is not susceptible to cure within
such 30 day period, if the City shall fail to commence and diligently pursue such cure to
completion within the period of time which is reasonably necessary to complete such cure, the
Contractor shall have available to it all remedies to the extent provided by law.
B.Actual Damages. For each and every default by the City, the Contractor, in its discretion, shall
be entitled to recover its actual reasonable damages. Except as otherwise set forth in this
Agreement, nothing herein shall create an obligation for the City to pay for any of the Solid
Waste Services to be provided under this Agreement.
11.5No Waiver by City. Nothing in this Agreement, and no actions taken pursuant to this Agreement,
shall constitute a waiver or surrender of any immunities, rights, remedies, claims, or causes of
action the City may have against the Contractor or its Surety provider under anyother provision of
this Agreement or any provision of law, subject to the terms of this Agreement.
ARTICLE 12DISPUTES
12.1Informal Negotiation. Should a dispute arise between the Parties, they shall initially attempt to
resolve the dispute through informal discussion and negotiations. Each Party may designate one or
more representatives for such discussions and negotiations. Each Party shall use good faith efforts
to attempt to resolve the dispute through such discussions and negotiations.
iation. If the Parties cannot resolve the dispute through informal discussions and negotiations,
12.2Med
either Party may submit a dispute notice to the other that they believe the negotiations cannot
resolve the dispute and mediation is required. A dispute notice may not be submitted until at least
30 days have passed since informal discussion and negotiations began. Within 7 days from the
dispute notice, the Parties shall by agreement select and designate a trained mediator, who shall be
a licensed attorneyin good standing with the Washington State Bar Association and who has at
least five years of mediation experience,to serve as a mediator in the dispute. Selection shall be
made by the City from a list of three trained mediators provided by the Contractor. The mediator
so designated shall fix the time and place for the mediation, which date shall not be later than 14
days from the date the mediator was selected andshall give the Parties at least five Business Days
written notice of the initial mediation session. The mediator shall meet with the Parties until either
(A) the dispute is resolved, or (B) the mediator determines that further meetings will not likely
result in a resolution by agreement.
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12.3Judicial Review. Any dispute that cannot be resolved under the informal negotiation or mediation
process shall be resolved by litigation filed in the Superior Court for Spokane County, Washington,
unless otherwise required by federal or state law.
12.4Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue
shall be Spokane County, State of Washington.
12.5Cost and Attorney’s Fees. The prevailing Party in any litigation arising out of this Agreement shall
be entitled to its attorney’s fees and costs of such litigation (including expert witness fees). Costs
of mediation shall be born equally by both Parties.
ARTICLE 13CONTRACTOR
13.1Contractor as Independent Contractor. The Contractor shall perform all work under this Agreement
as an independent contractor. The Contractor is not and shall not be considered an employee, agent,
sub-agent or servant of the City for this Agreement or otherwise; the Contractor’s subcontractors,
employees or agents are not and shall not be considered employees, agents, sub-agents or servants
of the City for this Agreement or otherwise. The Contractor shall have exclusive control of and the
exclusive rightto control the details of the Solid Waste Services and work performed under this
Agreement and the City shall have no ability to control the day-to-day operation of the Transfer
Facility, or the provision of Solid Waste Services. The City shall not be responsible for any injuries,
accidents or other mishaps associated with the Transfer Facility’s operations, the provision of Solid
Waste Services, or the operations of any subcontractor or third-party service provider. The
Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees
and subcontractors. Nothing in this Agreement shall be construed as creating a partnership or joint
venture between the Contractor and the City or as giving the City a duty to supervise or control the
acts or omissions of the Contractor or any other person performing servicesor work under the
Agreement.
13.2Use of Subcontractors or Third-Party Service Providers. The Parties have contemplated the
Contractor’s use of third-party service providers or subcontractors for the provision of some or all
of the Solid Waste Services to be provided pursuant to this Agreement. The Contractor shall
provide names and contact information for all third-party service providers or subcontractors to the
City prior to such providers or subcontractors commencing any work. The use of third-party service
providers or subcontractors shall not relieve the Contractor from any of its responsibilities under
this Agreement and Contractor shall be liable for any failure of the third-party service provider or
subcontractor to perform which causes a default under this Agreement.
13.3Cooperative Services. This Agreement may be used by other government agencies. By entering
into this Agreement, the Contractor agrees to make substantially the same Agreement services,
terms, and fee rates available to other such governmental agencies if they so desire, subject to issues
specific to the other governmental agencies, including but not limited to changes necessary due to
greater or lesser tonnage amounts (e.g., modifications to the performance bond amount or
liquidated damages) and the particular administrative feethat may be sought. The City shall in no
way whatsoever incur any liability in relation to specifications, delivery, payment, or any other
aspect of purchases or services received by such agencies.
ARTICLE 14SUCCESSORS; ASSIGNMENT
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14.1Contractor Delegation. The City executes this Agreement with the Contractor as a uniquely
qualified party to provide the Solid Waste Services. The Contractor’s delegation of any Agreement
duties shall be subject to this Agreement. Any delegation of duties shall not relieve the Contractor
or the Surety provider of any liability and/or obligation under this Agreement.
ssignment. Except as Solid Waste Services may be provided by subcontractors or third-party
14.2A
service providers in accordance with Sections 3.3, 3.4 or 13.2, this Agreement is not assignable
voluntarily, involuntarily or by process of law, without the prior written consent of the City, which
consent shall not be unreasonably withheld, conditioned or delayed. Unless specifically approved
in writing by the City, any assignment shall not relieve the Contractor of its obligations, duties and
liabilities hereunder.
14.3Asset in Bankruptcy. In no event shall this Agreement be, or be treated as, an asset of the Contractor
after adjudication of bankruptcy. The City shall not be bound to this Agreement by any trustee or
receiver appointed to enter into or take possession of the Transfer Facility or otherwise.
14.4Transfer of Ownership. Except as provided below, there shall be no transfer of a controlling
ownership interest in the Contractor without the prior written approval of the City, which consent
shall not be unreasonably withheld, conditioned or delayed. For purposes of this section, “transfer
of a controlling interest in the Contractor” shall mean the transfer or assignment of 49 percent or
more of the beneficial ownership of the Contractor to or from a single entity; however, the following
transfers or assignmentsshall not be construed as a “transfer of a controlling interest in the
Contractor”: transfers or assignments between individuals who own, in whole or in part, the
Contractor or the parent company or any subsidiary of Contractor, including transfers or
assignmentsbetween or to (1) the individuals who own, in whole or in part, the Contractor or such
parent company or any subsidiary, (2) the spouses, surviving spouses and linear descendants
(including adopted children) of the persons described in (1) above, (3) a trust, estate, corporation,
partnership, or other entity owned by or for the persons described in (1) or (2) above, and (4) a
corporate trustee designated to act in a fiduciary capacity for the estate or trust of any person
described in (1) or (2) above.
Notwithstanding the foregoing, the City may, in its discretion, determine that new ownership can
adequately and faithfully render the Solid Waste Services called for in this Agreement for the
remaining term of this Agreement, and the City may elect to execute a novation, allowing new
ownership to assume the rights and duties of this Agreement and releasing the previous ownership
from all obligations and liability. The new ownership would then be solely liable for any Solid
Waste Services and/or claims related to this Agreement.
14.5Binding Effect. This Agreement shall be binding on any and all successors or assignees unless and
until terminated by the City in accordance with the terms of this Agreement.
ARTICLE 15TERM
15.1Term of Agreement. This Agreement shall commence on the Effective Date, and, unless extended
pursuant to the terms of this “Article 15 Term”, shall automatically expire on December 31, 2034.
15.2Extension. This Agreement may be extended as provided in this Section. No later than March1,
2034, Contractor shall notify the City if it wishes to extend the agreement for an additional 10-year
term. In connection with such notification, Contractor shall provide a proposed fee schedule for its
services during the extension term. The City shall notify Contractor of its decision to accept or
reject the proposed fee schedule for any extension term by September 30, 2034or such other date
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as agreed in writing by the Parties. If the City accepts the proposed fee schedule, then this
Agreement shall be extended to expire on December 31, 2044, with the only change being the
updated fees provided by Contractor. If the City rejects the proposed fee schedule, then this
Agreement shall be automatically extended until December 31, 2036 on the same terms and
conditions as provided herein.If the Contractor fails to notify the City of its desire to extend the
Agreement by March 1, 2034, or the Contractor notifies the City of its desire to terminate the
Agreement by March 1, 2034, the Agreement may, at the City’s sole discretion: (a) be extended
until December 31, 2036 on the same terms and conditions provided herein, or (b) expire on
December 31, 2034 as contemplated in Section 15.1 above.
15.3Meeting About Extension. PriortoDecember 31, 2032, the Parties agree to meet and discussfuture
planning and a potential extensionof the Agreement. Parties shall discuss and work to provide
information to each other regarding (1) any necessary or desired improvements to the Transfer
Facility and surrounding relevant transportation infrastructure required to continue providing
services as required under this Agreementthrough the extension period, (2) potential ratesand
items impacting potential ratesfor the extension period, and (3) and other reasonable information
requested by either Party to allow each Partyto evaluate a potential extension. Potential rates or
rate ranges shall be provided to the City by January 1, 2034 or as early as practicable to allow the
Parties sufficient time to evaluate a potential extension.
15.4Termination. Except as provided in Article11 (Defaults), this Agreement may be terminated with
an effective date of termination prior to December 31, 2034only upon written mutual agreement
by the Parties.
ARTICLE 16CONTRACTOR AND CITY REPRESENTATIVES; NOTICES
16.1Emergency Contact. The Contractor and the City shall each designate and provide, for the term of
this Agreement, a 24-hour emergency contact telephone number. The emergency contact telephone
number shall be provided in writing to the representatives of each Party prior to the Effective Date
of this Agreement.
16.2Contractor Representative; Notices. For purposes of receiving notices, the Contractor’s
representative is:
Marc B. Torre, President
Sunshine Recyclers, Inc., dba Sunshine Disposal & Recycling
PO Box 13369
Spokane Valley, WA 99213
Email: marct@sunshinedisposal.com
Telephone: 509 252-9060
And
Michael B. Torre
Sunshine Recyclers, Inc., dba Sunshine Disposal & Recycling
PO Box 13369
Spokane Valley, WA 99213
Email: michaelt@sunshinedisposal.com
Telephone: 509 252-9060
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 35of 44
All notices, other than notifications of emergencies, shall be in writing to the Contractor’s
representative at the physical or electronic mail addresses provided above.
16.3City Representative; Notices. All notices, other than notifications of emergencies, shall be in
writing to the City at the following address:
City of Spokane Valley, Attn: City Clerk
10210 East Sprague Avenue
Spokane Valley, Washington 99206
The City Manager, or his or her designee, shall receive the notices and carry out the responsibilities
of the City Representative provided herein.
16.4Representatives for Notices Only. The representatives identified in Sections 16.2 and 16.3 shall
not have the authority to alter this Agreement or bind either Party to any termsnot contained in this
Agreement.
16.5Change in Representative. The Parties shall promptly notify each other in writing of any change
in the person designated as the Contractor’s or the City’s representative or any change in address
for receipt of notification.
ARTICLE 17MISCELLANEOUS
17.1Applicable Law. This Agreement shall be administered, construed and enforced in accordance with
the laws of the State of Washington.
17.2Entire Agreement. This Agreement constitutes the entire and complete agreement between the
Parties and supersedes any prior oral or written agreements.
17.3Anti-kickback. No officer or employee of City, having the power or duty to perform an official act
or action related to this Agreement shall have or acquire any interest in this Agreement, or have
solicited, accepted or granted a present or future gift, favor, service or other thing of any value from
any person with an interest in this Agreement.
ime of Essence. Time limits stated in this Agreement are of the essence. No waiver of the
17.4T
Agreement time limits,or schedule dates is to be implied from either Party’s failure to object to
untimely performance under this Agreement. Any waiver of time limits or schedules shall not be
construed as a waiver of future time limits or schedules.
17.5NoThird-PartyBeneficiaries. This Agreement is entered into by the City in its governmental
capacity and is not intended nor does it create any third-partybeneficiary or other rights in any
private person, company, entity, or other organization, nor does it create any third party beneficiary
or other rights in any public municipality or other governmental entity except as otherwise provided
herein.
17.6Amendment. Except as otherwise provided herein, this Agreement may only be amended in writing
by both Parties.
17.7Waivers. No officer, employee, agent or other individual acting on behalf of either Party has the
power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver
in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 36of 44
remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in
addition to every other remedy provided herein or by law. Failure of either Party to enforce at any
time any of the provisions of this Agreement or to require at any time performance by the other
Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor
shall it affect the validity of this Agreement or any part thereof.
17.8Severability. If any section, sentence, clause or phrase of this Agreement should be held to be
invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the
validity of any other section, sentence, clause or phrase of this Agreement.
17.9Exhibits. Exhibits attached and incorporated into this Agreement are:
A.Transfer Facility, Disposal Facility, Times and Days
B.Education and Public Outreach Programs
C.Performance Standards
D.Customer Service Plan
E.Form of Surety
F.Emergency Operation Plan
G.Insurance Certificates
IN WITNESS WHEREOF, theParties haveexecuted this Agreement this xxday of xxxx, 2024.
SUNSHINE RECYCLERS, INC., dba
CITY OF SPOKANE VALLEYSUNSHINE DISPOSAL & RECYCLING
By: John Hohman By: Marc Torre
Title:City ManagerTitle:President
Approved as to Form:
By: Kelly Konkright
Title:City Attorney
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 37of 44
EXHIBIT A
TRANSFER FACILITY, DISPOSAL FACILITY, TIMES AND DAYS
Transfer Facility
The Contractor has identified the following as the Transfer Facility:
The Sunshine Transfer Station and Recycle and MRW Station located at 2405 North University
Road, Spokane Valley, Washington 99206.
Operation of Transfer Facility
The Contractor shall provide Transfer Services at the Transfer Facility to allow Self Haulers and
Designated Haulers to deliver Solid Waste during the following days and times:
Monday through Sunday, 7:30 a.m. through 5:00 p.m., excluding the following designated
holidays:
New Years' Day, Memorial Day, Easter, Fourth of July, Labor Day, Thanksgiving Day, and
Christmas Day.
When the day before Christmas Day or New Years’ Day falls on a weekend day, the hours
of operation are 7:30 am through 12 pm. The Contractor will provide a container outside
of the Transfer Station gate for after-hours disposal of Solid Waste by residential Self-
Haulers, unless otherwise agreed by the Parties.
Disposal Facility
The Contractor has identified that Acceptable Waste, C&D Waste, and Special Waste shall be disposed of
at one or more of the following sites:
Wenatchee Landfill, 191 Webb Road, Wenatchee, Washington 98802
Roosevelt Regional Landfill, 500 Roosevelt Grade Road, Roosevelt, Washington 99356
Graham Road Landfill, South 1820 Graham Road, Medical Lake, Washington 99022
Adams County Regional Landfill, 2660 East Syd Sullivan Lane, Washtucna, WA 99371
Recyclables, Organics, and MRW shall be recycled, composted, and disposed of at one of the sites listed
above or other sites as determined by market rates and in accordance with applicable Federal, State, and
local law.
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 38of 44
EXHIBIT B
EDUCATION AND PUBLIC OUTREACH PROGRAMS
City is responsible pursuant to chapter 70A.205 RCW for management and provision of all solid waste
services, including public outreach and education, within City limits. The Parties agree to develop,
distribute, and provide education under this Exhibit Bto meet all educational components required by law,
the Washington Department of Ecology, and the City’s adopted Solid Waste Management Plan. .
As part of such requirements, the Parties shall develop an educational campaign that includes but is not
limited to the followingin print and on the respective websites of the parties:
-Location, hours of operation, services provided, and customer service hotline number for the
Transfer Facility.
-Proper methods of disposal for all types of solid waste including Organics, C&D Waste, Food
Scraps, MRW, Recyclables, Special Waste, Yard Waste, and Unacceptable Waste.
-Differences between Acceptable and Unacceptable Waste.
-Supporting education to schools and the general public regarding the solid waste system from home
to landfill or other disposal methods utilized.
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 39of 44
EXHIBIT C
PERFORMANCE STANDARDS
In performing the services under this Agreement, Contractor agrees to the following:
1.All interior access drives, parking areas and vehicle maneuvering areas shall be paved.
2.The Transfer Facility shallbe fenced to prevent unauthorized access during non-operating hours and to
prevent off-site migration of litter.
3.Adequate commercial grade and professional-looking signage, traffic control devices (such as cones or
jersey barriers) and Transfer Facility personnel shall be provided to safely direct Designated Haulers
and Self Haulers to the appropriate tipping areas.
4.Sufficient equipment shall be provided at all times to handle Solid Waste and to efficiently and safely
operate the Transfer Facility.
5.Contractor shall ensure a sufficient number of employees shall be provided, on hand and working at all
times so as to handle all Solid Waste being directed to the Transfer Facility, including a sufficient
number of employees to accept and process MRW and Recyclables, to efficiently and safely operate
the Transfer Facility, and to assist Self Haulers with the proper unloading of Solid Waste.
6.Contractor shall meet the objectives and requirements of the Customer Service Plan on Exhibit D.
7.Acceptable Waste shall be removed continuously throughout the operating day to reduce potential for
odors and to provide adequate tipping floor space for Designated Haulers and Self Haulers. Acceptable
Waste shall be removed from the Transfer Facility tipping floor within 72 hours of its acceptance by
the Contractor.
8.The tipping floor and public access areas shall be cleaned as necessary to prevent build-up of Solid
Waste residues and to provide Designated Haulers and Self Haulers with a safe and orderly Transfer
Facility.
9.The Transfer Facility and University and Oberlin Road in the vicinity of the Transfer Facility shall
regularly be patrolled to collect litter.
10.Contractor shall use its good faith efforts to process Designated Haulers and Self Haulers in an efficient
and timely manner so that processing times are reasonable given the thenoccurring volume of haulers.
The Parties agree that in normal operating conditions, on-site processing times (including vehicle
queuing) for Designated Haulers shall be no more than 30 minutesand for Self Haulers no more than
40 minutes.
11.Contractor shall ensure that no vehicles are queued into Montgomery Avenue except to the extent such
queuing arises from Uncontrollable Circumstances.
12.Snow accumulations shall be promptly cleared and/or removed to permit Designated Haulers and Self
Haulers reasonable access to and use of the Transfer Facility.
13.During times of high volume, the Transfer Station may designate one lane for commercial traffic only
as circumstances allow.
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 40of 44
14.Upon timely request by the Designated Hauler, the Transfer Station may accept loads from
Designated Haulers arriving outside of posted hours as staffing and other operational considerations
allow.
15.The Contractor will provide space for Designated Haulers to maintain appropriate spacing between
trucks.
16.The Contractor will be reasonably available for joint operational meetings with the Designated Hauler
upon request of the City or Designated Hauler at mutually agreeable times.
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 41of 44
EXHIBIT D
CUSTOMER SERVICE PLAN
920 N Argonne Rd
Spokane Valley, WA 99206
(509) 924-5678
Customer Service is essential when providing safe, efficient and economical recycling and disposal
services. It is the Goal of Contractor to answer questions and resolve customer issues at the initial point of
contact with our employees and/or managers. The following procedures will be utilized at the Spokane
Valley University Road Transfer Station, which has been identified as the primary Transfer Facility.
Customer Service Center
Customer Service Center Location
Contractor owns and operates a Customer Service Call Center located at 920 North Argonnein the Spokane
Valley. The call center services only Contractor’s customers and is the focal point for all questions and
concerns regarding refuse collection and transfer station operations. The Call Center operates from 8:00
am to 5:00 pm Monday through Friday. The Call Center is closed on major holidays which include: New
Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas.
Customer Service Structure
Staffing levels at our Customer Service Center are determined by call volume. Contractor is committed to
adjusting the staffing levels at our Customer Service Center to ensure timely response to all phone inquiries.
All staffing is hired locally. The current staff level consists of (1) Chief Financial Officer, (1) supervisor,
(4) customer service representatives and (3) scale house operators.
Customer Service Operations
Our locally hired Call Center Representatives (CSR’s) bring with them a familiarity of how refuse is
collected and disposed of within Spokane County. They also have a basic understanding of the road
networks of the communities they serve. For this reasonthey are better equipped to connect with the
customer they are assisting by answering their questions more quickly and accurately.
Each CSR station is equipped with a networked computer to assist them with answering questions and
documenting customer questions and complaints. This system allows for the documented questions and
complaints to be sent to managers in the field or at the corporate level. Having this ability assists us in
addressing the needs of the customer in real time.
Performance by our CSR staff is measured by a regular review by the senior customer service specialist of
all account changes made during the previous day. Calls are periodically monitored to ensure our staff is
correctly trained to resolve customer inquiries. We utilize side-by-side monitoring to provide our staff
immediate feedback.
Calls are answered in approximately 20 seconds. During periods of heavier call volume, customers have
the choice to receive a return phone call. They can simply input their phone number into our system and
not lose their place in queue.
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 42of 44
In the event a CSR is unable to answer a customer’s question or resolve an issue the CSR has the ability to
route the customer call to the senior customer service specialist or a manager. In the event the manager is
not available he/or she will return thecustomer’s call as soon as possible or by the end of the business day.
Spokane Valley University Road Transfer Station Website
To assist customers with answering questions and resolving issues, Contractor will have a website solely
devoted to the Spokane Valley University Road Transfer Station. The website will explain how each
component of the Transfer Station functions: its hours of operation, commonly asked questions, and how
to contact us.
In the section regarding on How to Contact Us there will be a Call Center phone number and listed e-mail
address. The e-mail address will be routed to the Call Center for answering questions and concerns by the
CSR’s. The CSR’s will check for e-mails from the website throughout the day and before the close of
business. E-mails addressed to managers will go through the CSRs first before being routed on. In the
event the manager is not available he/or she will return the customer’s e-mail as soon as possible or by the
end of the business day.
Scale House Attendants
It is the function of the Scale House Attendants to weigh vehicles entering and exiting the Transfer Station,
answering customer questions, giving directions, coordinating traffic and receiving money. To assist the
scale house attendants with moving customers through the facility all scale houses will be equipped with
brochures that explain Transfer Station operations.
In the event a scale house attendant cannot answer a customer’s question or resolve an issue the scale house
attendant will notify the onsite supervisor. The onsite supervisor will work with the customer to answer the
question or resolve the issue.
If there is a dispute over money between the Scale House Attendant and a customer, the internal scale house
camera will be reviewed by the onsite manager for resolution.
Spotter/Screener
It is the function of the Spotter/Screener to make sure all customers are disposing of items that Contractor
can legally accept. In the event that an item cannot be disposed, the onsite manager will be contacted to
discuss this issue with the customer. The ultimate goal of the conversation is to find a solution to their
disposal needs.
It is also the responsibility of the spotter/screener to educate and assist customers with recycling,
directing traffic and assuring that safety policies related to the public and commercial customers are being
followed.
Moderate Risk Waste Technician
It is the function of the Moderate Risk Waste Technician to assist the public with handing their moderate
risk waste. In the event we receive hazardous waste material that we cannot legally accept the onsite
supervisor will be called to discuss this issuewith the customer. The ultimate goal of the conversation is
to find a solution to their disposal needs.
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 43of 44
EXHIBIT F
EMERGENCY OPERATIONS PLAN
Transfer Facility
The Kootenai County Solid Waste Department has agreed to allow Sunshine Disposal & Recycling to
direct refuse trucks to Prairie Transfer Station for loading of intermodal containers and/or transfer trailers
on an emergency basis. The Prairie Transfer Facility is located at 15580 W Prairie Ave, Post Falls, ID
83854. The Prairie Station is an emergency back up to Sunshine's Spokane Valley University Road Transfer
Station and will only be utilized if there are circumstances that prohibit the University Road Transfer
Station from accepting waste from the designated hauler as provided in Article 6.
The emergency operations plan anticipates that the public will be allowed to continue to utilize the Spokane
Valley University Road Transfer Station. If the emergency plan has to be activated, Sunshine will provide
Self-Haulers access to front load and roll off containers to fulfill the Self-Haul customers disposal needs.
These containers will be serviced by Contractor's refuse trucks which will also be routed to the Prairie
Transfer Station.
The Parties shall work to identify an emergency Transfer Facility located within Spokane County by
December 31, 2025. City acknowledges that such work may include an interlocal agreement with either
the City of Spokane or Spokane County for use of one or more of their transfer facilities. The Parties shall
memorialize the updated Emergency Operations Plan by letter agreement executed between the City
Manager and designated representative of the Contractor and such letter agreement shall automatically be
incorporated into this Agreement by this reference upon execution.
Disposal Facility
Contractor utilizes and has access to different regional landfills throughout the Northwest as its Disposal
Facility, including the Greater Wenatchee Regional Landfill, Graham Road Regional Landfill, and
Roosevelt Regional Landfill. If a regional landfill experiences an event that prohibits receipt of Acceptable
Waste, pursuant to Article 6, the Emergency Operations Plan will to be activated and the Acceptable Waste
will be diverted to an alternative landfill. Contractor will divert Acceptable Waste to the back-up landfill
until the primary landfill re-opens for receipt of Acceptable Waste.
Agreement for Comprehensive Solid WasteContract No. 24-xxx
Transfer, Transport, and Disposal ServicesPage 44of 44
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 17, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: City of Spokane Valley Q4/2024 Economic Trends Report
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: Each quarter the Eastern Washington University (EWU) Public Policy &
Economic Analysis Department compiles and publishes a regional economic trend report that
highlights several key economic data sets providing a composite of regional indices. The Public
Policy & Economic Analysis Department at EWU also provides localized reports for individual
cities and municipalities upon request and under contract.
The City’s Economic Development Department has contracted with EWU’s Public Policy &
Economic Analysis Department to provide detailed quarterly economic analysis and trends
reports for the City of Spokane Valley beginning with Q4 2024. The Economic Development
Department will utilize this data and these trends for responding to business development
inquiries and planning initiatives.
EWU personnel will provide a report on December 17, 2024, summarizing the economic analysis
rd
and trends for the 3quarter of 2024 (July-September), provide relevant data, and answer any
questions based on the data presented.
OPTIONS: Information only
RECOMMENDED ACTION OR MOTION: Information and reporting.
BUDGET/FINANCIAL IMPACTS: The quarterly fees associated with this contract are $2,500 per
quarter/report.
STAFF CONTACT: Mike Basinger, Economic Development and Planning Director
ATTACHMENTS:
PowerPoint Presentation
Q4, 2024 December, 2024
City of Spokane Valley Quarterly Economic Indicators
residential construction
-
DemographicsLabor marketsEmployment Residential constructionNonTaxable sales & revenue
–––––
Track indicators in the following categories :Local indicators are for the City of Spokane Valley, unless noted
Overview Goal: to provide insights about important City trends via data with higher frequency than annual updates••
40.0%35.0%30.0%25.0%20.0%15.0%10.0%5.0%0.0%
19.4%
2024
2023
108,800
2022
2021
2020
2019
2018
2017
2016
City of Spokane City/County share
2015
2014
2013
2012
2011
2010
2009
2008
2007
2006
2005
City of Spokane City Population
COSV Population & Share of Spokane County Population
2004
83,436
-
19.3%
80,000 60,000 40,000 20,000
120,000 100,000
Very little variation in share from 2004 to presentAbout 19%In contrast, share of City of Spokane has consistently declined over the period, from 44% to 41%.
Population City of Spokane Valley’s “market share” of County residents has been remarkably constant •••
4,800 4,450
Spokane County Net in-migration
3,954
5,825
inmigration in Spokane County
-
Population Increase & Net
Spokane County Population increase
1,302
3,016
-
8,000 6,000 4,000 2,000
12,000 10,000
the
deaths
–
Played a still significant role up to 2020
–
Since the pandemic,
migration is nearly the sole factor driving
factor behind Spokane County’s population growthThe other component: “natural increase,” of births
net migration is
-
Population Inpopulation growth here••
migration?
-
JobsRetirementHigher ed students from out of countyLower cost of livingOther?
Population What drives in•••••
8.0%6.0%4.0%2.0%0.0%-2.0%-4.0%-6.0%
0.4%
Q3
2024
53,006
2.1%
Q2
2024
1.2%
Q1
2024
6.5%
Q4
2023
1.1%
Q3
2023
52,808
Labor Force growth (percentage change)
Q2
2023
Q1
2023
year change)
3.7%
-
-
Q4
2022
to
0.9%
-
Size of labor force
Q3
2022
52,252
55,000 54,000 53,000 52,000 51,000 50,000 49,000
year, from same
-
over
-
Civilian labor force (CLF) is the sum of those employed plus those unemployed and actively looking for work.CLF reached a peak at over 54,000 in Q4 of last year, followed by leveling
off in first two quarters of 2024.Q3 of 2024 is higher than same quarter last two years.CLF has increased roughly 375 yearquarter (Q3) in last two years, 750 over the two years combined.
Labor market Size of the labor force (& year••••Source: Local Area Unemployment Statistics (LAUS)
7.0%6.0%5.0%4.0%3.0%2.0%1.0%0.0%-1.0%
Q3
2024
50,729
Q2
2024
51,589
0.1%
Q1
2024
Q4
2023
51,785
Q3
2023
50,747
Employment growth (percentage change)
6.0%
Q2
2023
Q1
2023
0.5%
Q4
2022
Q3
Employment levels
2022
50,078
year change)
1.9%
-
to
52,000 51,500 51,000 50,500 50,000 49,500 49,000
-
After a drop in employment from Q4 0f 2023 to Q1 of 2024, employment rebounded in second quarter of 2024. (City of Spokane experienced same drop and rebound.)Third quarter employment
was down from Q2, but still above Q3 from previous two years.Total number of jobs in the county peaked in Q4 of 2023 at nearly 52K.
Labor market Number of jobs (& year•••Source: Local Area Unemployment Statistics (LAUS)
9.0%8.0%7.0%6.0%5.0%4.0%3.0%2.0%1.0%0.0%
24-Oct
3.7%
4.1%
24-Aug
2433
24-Jun
24-Apr
24-Feb
3566
23-Dec
23-Oct
23-Aug
Unemployment Rate County
23-Jun
23-Apr
6.5%5.4%
23-Feb
22-Dec
22-Oct
22-Aug
22-Jun
22-Apr
Unemployment Rate City
22-Feb
21-Dec
21-Oct
21-Aug
21-Jun
21-Apr
7.9%
21-Feb
4068
20-Dec
Unemployed count
20-Oct
0
500
45004000350030002500200015001000
The City’s October, 2024 unemployment rate of 4.0% is just below the county (4.1%), state (4.2%) and national average (4.1%).Unemployment has fallen dramatically this year (2024) from
6.6% in February to 3.7% in September.Total unemployed in October of 2024 is below where it was in same month, previous two years.
Labor market Monthly unemployment count & rate
•••Source: Local Area Unemployment Statistics (LAUS)
for the City matches the county,
unemployment rate (4.0%)
Seeing some cooling of CLF in 2024 after growth in last two years. The CLF of over 53,000 is above where it was two years ago (same quarter).Strong employment in Q4 of 2023 and Q2 of
2024 despite sharp dip in Q1 of 2024. Employment in Q1 of 2024 is still above where it was in 2022.The October
state and national average. The number of unemployed is slightly higher than both 2022 & 2023.
Summary of aggregate employment measures•••
in
& social assistance
health care
professional & technical services
terms, employment in
terms, employment in county’s
in 2023 grew the fastest (13%) of the large sectors from 2019.
Recent advances have slowed, however.
percentage total
–
All of the largest sectors by employment in the county show employment levels > in 2019 except Finance/insurance.In sectorIn 2023 added the greatest number of jobs (~3,700) since 2019.
Summary of sector performance, as measured by employment•••
15
Q3
2024
8
Q2
2024
4
Q1
2024
11
Q4
2023
12
Q3
2023
19
Q2
2023
45
Q1
2023
14
Q4
2022
11
Q3
2022
18
Q2
2022
42
Q1
2022
50
504540353025201510
plex buildings.
-
family building permits
-
After a strong surge in MR construction in Q1 of both 2022 & 2023, permitting has cooled in 2024.MFR permits are up slightly in Q3 from same quarter in 2023 and 2022.While apartment
buildings seem to have slowed more, there is still construction ongoing in duplex, triplex and four
•••Source: City of Spokane Valley
Housing Multi
Q3
2024
$337,147
Q2
2024
$396,010
Q1
2024
$339,355
Q4
2023
Q3
2023
$354,666
Q2
2023
$391,374
Q1
2023
$296,159
Q4
2022
Q3
2022
$356,312
Q2
SFR Average Permitted Valuation
2022
$271,763
Q1
2022
$389,403
$-
$50,000
$450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000
Since 2022, average permitted values for SFR in the city ranged from $271K to $396K.The average value of permitted SF residences in Q3 of 2024 is only down 5% from the same quarters
in 2023 & 2022.Average valuation of new SFR permits is relatively flat.
Housing Average value of permitted single family residence
•••Source: City of Spokane Valley
Q3
2024
$1,911,436
Q2
2024
Q1
2024
$7,553,196
Q4
2023
$3,125,000
Q3
2023
$5,558,844
Q2
2023
$2,705,248
Q1
2023
Q4
2022
$4,505,822
family units
-
Q3
2022
$2,820,689
Q2
2022
Multi Family Permitted Valuation
Q1
2022
$2,194,738
$-
$8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000
There is a lot more variation in permit valuations for MFRs than for SFRs.Q3 of 2024 saw the lowest average permitted valuation since 2022.
Housing Average value of permitted multi••Source: City of Spokane Valley
Q2 2024
Q1 2024
Q4 2023
Q3 2023
Q2 2023
Q1 2023
Q4 2022
Q3 2022
Q2 2022
Q1 2022
Q4 2021
Q3 2021
Q2 2021
Q1 2021
Q4 2020
Q3 2020
Q2 2020
Q1 2020
Q4 2019
Q3 2019
Q2 2019
Q1 2019
Q4 2018
Q3 2018
Q2 2018
Q1 2018
time buyers has
-
Both SFR & MFR construction has slowed considerably in 2024, especially in single family new homes and apartments. There is still some construction in duplexes, triplexes and fourplexes.The
average valuation of SFR has remained relatively flat since 2022.Housing affordability for both median buyers and firstfallen.While low income renters find housing to be less affordable
than the median renter, things have not gotten worse in the last two years.
Summary of housing construction & affordability••••
County: $73,583U.S. : $77,719WA: $94,605
–––
City sales activities Income drives spending & taxable retail sales: COSV Median Household Income has increased greatly
City MHI in ’23: ~$74,800 City MHI consistently < County MHI over decadeSince 2017, however, City MHI growing fastest of all geographies
•••Spokane Trends
12.0%10.0%8.0%6.0%4.0%2.0%0.0%-2.0%-4.0%
$924.9
2024Q2
2024Q1
2023Q4
City of Spokane Valley %WA %
2023Q3
$953.1
2023 Q2
2023 Q1
2022 Q4
City of Spokane Valley ($mill)County of Spokane %
2022 Q3
COSV Quarterly Taxable Retail Sales & Growth Rates
$925.7
2022 Q2
$-
$800.0 $600.0 $400.0 $200.0
$1,200.0 $1,000.0
-
year growth has been
-
Not so for the City of Spokane, County & WA And it does…. The correlation between WA state and City of Spokane Valley taxable retail sales is 0.992!
–––
Since Q3 of 2023, yearovernegativeQ3 of 2024 growth likely to be low, say close to 0%, if WA serves as a reasonable guide
City sales activity Quarterly taxable retail sales growth continued to slow••Source: WA State Department of Revenue
Taxable
2023: 5.0%
-
digit income growth
-
quarter likely no different
from September have lowered a bit
rd
forecast
term trend. Simple average of growth rates 2005
-
in 2025
forecast has dropped dramatically, however.
Personal Income
of Spokane Valley might expect a similar outcome for
City
Forecast for CY 2026: has now decreased from February & June forecasts.Revenue Growth in 2023 was 0.9%, with a big decline in the latter half of the year.Considerably < long 2024 has
been weak in first half; 3This assumes that the ERFC forecasts accurately. Recently, the “bias” in the ERFC has shifted from undershooting to very accurate.
––––––
WA State for CYs 2024 & 2025. Still expecting mid singleThe retail sales
Summary observations••
Kelley Cullen, Ph.D.D. Patrick Jones, Ph.D.kcullen@ewu.edu, dpjones@ewu.eduSpokane Valley Trends509.828.1365 |509.828.1246
Institute for Public Policy & Economic Analysis
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 17, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
informationadmin. reportpending legislationexecutive session
AGENDA ITEM TITLE: Administrative Report: Amendment to the WSDOT Interlocal
Agreement for Signal Maintenance
GOVERNING LEGISLATION: RCW chapter 39.34 – Interlocal Cooperation Act
PREVIOUS COUNCIL ACTION TAKEN:
July 22, 2014 – Approved motion to execute 2014 WSDOT Interlocal Agreement for Traffic
Operations and Maintenance.
BACKGROUND: Since the City incorporated in March 2003, the City has contracted with the
Washington Department of Transportation (WSDOT) to provide traffic system maintenance along
the state routes (SR) within City Limits. The current interlocal agreement (ILA) was executed in
2014. WSDOT maintains and operates the traffic signal systems, illumination, intelligent
transportation systems (ITS) and other traffic components along SR-27 (Pines Road) and SR-290
(Trent Avenue) except for the I-90 interchange areas. Expenses related to the maintenance and
operation of the systems are charged based on actual direct and indirect costs. The ILA has an
automatic annual renewal for up to 10 years, which will expire at the end of this year.
Initially, the ILA was needed because the City did not have signal maintenance personnel.
Recently, the City established a signal shop and maintains the signals along non-state routes.
The signal systems along the state routes use equipment that matches the rest of the WSDOT
Eastern Region. This allows for better signal synchronization along the state routes. As a result,
it is recommended to renew the ILA to maintain traffic signal consistency and coordination.
City staff are currently negotiating with WSDOT staff the ILA terms. Because the current ILA
expires on December 31, 2024, an amendment to extend the existing ILA through March 2025
has been proposed by WSDOT.
OPTIONS: Discussion only.
RECOMMENDED ACTION OR MOTION: Consensus to bring a Motion Consideration to extend
the 2014 Interlocal Agreement with the Washington State Department of Transportation through
March 2025.
BUDGET/FINANCIAL IMPACTS: The funds for the work associated with the interlocal are
included in the adopted 2025 budget and will be financed from Fund #101 (Street Fund).
STAFF CONTACT: Jerremy Clark, Traffic Engineering Manager
Tony Beattie, Senior Deputy City Attorney
ATTACHMENTS: Amendment to the Interlocal Agreement Between the City of Spokane
Valley and Washington State Department of Transportation
AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF
SPOKANE VALLEY AND WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION
Spokane Valley Contract #Interlocal Agreement 14-142.01
For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, the City of
Spokane Valley, hereinafter the “City”, and Washington State Department of Transportation, hereinafter
the “State”, mutually agree as follows:
1. Purpose: This Amendment is for the Interlocal Agreement which provides for State maintenance of City-
owned traffic signals, illumination, and intelligent transportation systems, by and between the Parties,
executed by the Parties on August 8, 2014, and which terminates on December 31, 2024. Said contract is
referred to as the “Original Contract” and its terms are hereby incorporated by reference.
2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the
Original Contract and any amendments thereto which are not specifically modified by this Amendment.
3. Amendment Provisions: The Original Contract is subject to the following amended provisions, which
are as follows. All such amended provisions are hereby incorporated by reference herein and shall control
over any conflicting provisions of the Original Contract, including any previous amendments thereto.
The term of the Original Contract is extended to March 31, 2025.
4. Compensation Amendment History: This is Amendment #1 of the Original Contract. The history of
amendments to the compensation on the Original Contract and all amendments is as follows:
Date Compensation
Original Contract Amount August 8, 2014 Actual costs
Amendment #1 to be executed Actual costs
Total Amended Compensation Actual costs
The parties have executed this Amendment to the Original Contract this day of December,
2024.
CITY OF SPOKANE VALLEY: WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION:
John Hohman By:
City Manager Its: Title
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Kelly Konkright
City Attorney
1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 17, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
informationadmin. reportpending legislationexecutive session
AGENDA ITEM TITLE: Administrative Report: Homeless Outreach Program Potential Grant
Opportunity
GOVERNING LEGISLATION: Substitute Senate Bill 5386 (amending document recording fee
statutes in 2023); requirements for adopting a local plan RCW 43.185C.050, RCW 43.185C.080,
RCW 43.185C.160; Affordable and Supportive Housing Sales and Use Tax Credit RCW
82.14.540; Chapter 3.06 SVMC; and Resolution No. 23-009.
PREVIOUS COUNCIL ACTION TAKEN: July 25, 2023, City Council adopted Resolution No. 23-
009 to assume control over document recording fees and to establish a homeless housing
program. August 22, 2023, Administrative report discussing regional homeless housing plan.
September 12, 2023. Motion consideration on May 28, 2024 to award homeless outreach contract
to Frontier Behavioral Health. October 29, 2024, Administrative report providing an update on the
City’s Homeless Outreach Program.
BACKGROUND: On July 1, 2024, the City entered into a one-year contract for homeless outreach
services with Frontier Behavioral Health (FBH). This initial term may be extended through City
Council approval. The current FBH contract provides funding for 1.5 social workers.
The City’s Outreach model combines a SVPD Homeless Outreach Officer and a social worker
that co-deploy as a single unit in the field, each specializing in and focusing on their respective
roles to provide more versatile and responsive services both to those experiencing homelessness,
and to the community at large. The Outreach team is responsible for conducting pro-active
outreach activities to contact and engage those who may be experiencing homelessness. The
Outreach Team also responds to concerns regarding issues related to homelessness in the City.
This requires close coordination and cooperation with City staff and the Homeless Outreach
Officers to ensure that the follow-up needed to address the situation is occurring.
The half-time case-worker is in the office and connects the individuals with resources and
provides the tools so they can receive assistance such as obtaining identifications, making
appointments, arranging transportation to appointments, etc. After initial contact is made with
someone experiencing homelessness, significant follow-up may be required to connect the
person with housing and other needed services. The outreach team is critical for the city’s ability
to respond effectively and efficiently to community concerns.
The outreach team is in daily contact with the Housing & Homeless Coordinator, who serves as
a point of contact for community members and coordinates the city’s response to community
concerns related to homelessness in the city.
On December 1, the SVPD added a second Homeless Outreach SVPD Officer to the team. It
has been determined that additional Case Manager outreach staff are needed to keep pace with
the number of referrals received, and the amount of case management required to reach positive
outcomes.
Page 1 of 3
GRANT OPPORTUNITY: The Spokane County Housing and Community Development
department recently released a Request for Proposal (RFP) for the 2025-2026 Program Years to
allocate federal, state, and local funds. City staff has coordinated with HCD staff to identify
potential opportunities for partially funding the City’s Homeless Outreach Program. These grants
are intended to assist local governments and nonprofits by providing resources to fund homeless
crisis response systems to support communities in ending homelessness.
Funding recommendations are made by the Housing and Community Development (HCD)
Advisory Board and presented to the Board of County Commissioners for deliberation and formal
decision. Service-based projects such as Homeless Services programs will be awarded a two
year contract, resulting in a period of performance from July 1, 2025 through June 30, 2027. HCD
funding operates on a reimbursement-based process.
Key grant information includes:
Applications are due January 15, 2025
Approximately $500K is potentially available (Outreach Services funding – 2 yr)
$750K potentially available in Document Recording Surcharge funding
There is no match required
The City’s Homeless Outreach team often receives homeless related complaints for areas just
along the outskirts of the City of Spokane Valley’s boundaries, including Millwood, along the
Spokane river, and the Dishman Hills (see attached map). Not addressing these complaints leads
to homeless activity that crosses into the City or could lead to safety impacts such as fires. Staff
is looking for council direction about expanding the homeless outreach response area as shown
in the map.
The cost for the current Homeless Outreach program is $200,419 per year. The cost of the
contract is expected to increase to $260,000 per year if another ½ FTE social worker was hired.
The approximate cost of one Outreach SVPD officer ranges from $150,000 to $210,000 per year,
paid from the Public Safety fund.
Staff recommends applying for the grant with optional funding requests up to a portion of the total
cost of the homeless outreach program over a two-year period. Staff also recommend extending
the FHB contract up to two years to match the grant funding cycle. The scope of work for the
Homeless Outreach Program is eligible for this RFP.
OPTIONS: Discussion only.
RECOMMENDED ACTION OR MOTION: Staff requests Council consensus to (1) further develop
a grant application and return to Council on December 23, 2024, for a motion consideration
authorizing the City Manager to submit the recommended application to Spokane County HCD,
and (2) extend the term of the Frontier Behavioral Health contract for Homeless Outreach
Services for the grant funding cycle.
BUDGET/FINANCIAL IMPACTS: The City HHAA fund (Fund #110) end balance for 2024 is
expected to be about $126,000, which should cover cash flow needs. The Homeless Outreach
Services contract with FBH is $200,419 and anticipated to run through June 2025. In the 2025
budget, the City anticipates annual HHAA revenues of approximately $300,000 in Fund #110.
The anticipated total cost of the homeless outreach contract (July 25-June 26), not including the
two homeless Outreach SVPD officers, is $260,000.
STAFF CONTACT: Gloria Mantz, City Services Administrator; Sarah Farr, Accounting & Finance
Program Manager; Eric Robison, Housing & Homeless (H&H) Coordinator
Page 2 of 3
ATTACHMENTS:
Presentation
Potential Homeless Outreach Coverage Areas
Page 3 of 3
Homeless Outreach Program
–
Background
Homeless Outreach Team
Grant Opportunity
Next steps