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2024, 12-17 Formal B Meeting PacketAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL B FORMAT Tuesday, December 17, 2024 6:00 p.m. Remotely via ZOOMMeeting 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 �nublic 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 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 2 000% CITYOJ)rortamafiono, f 3 OKane City Spo4ne va&De Washington oO p Valley® ressing Gratitude to v.S. . Cathy 9Kc9lo17is ers 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 years, she has served Washington State's 5rh Congressional District with a commitment to improving quality of life and producing positive results for the Spokane Valley community; and WHEREAS, Cathy became the highest-ranking Republican woman in Congress and was selected as Vice Chair of the House Republican Conference in 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 hereby proclaim the city's sincere gratitude for Congresswoman McMorris Rodgers' public service career and her efforts that positively impacted our community. Dated this 17th day of December, 2024. Pam Haley, Mayor Sp'okane� jUalley. J)roctamafion City of Spokane Va&De Washington 9�fcogrizing *ik f (Padden for 45 Years of (Pu6Cu Service WHEREAS, Mike Padden's public service began in 1980 as a State Representative of the 4rh 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 additional terms, including time as Presiding Judge of District Court until 2007; 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 Safety Administration; 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 was Ranking Member on the Law and Justice Committee and he served on the Transportation and Health and Long Term Care Committees; and WHEREAS, while in the Legislature, Mike championed a myriad of community causes and funding for projects. Highlights include Appleway Trail, Avista Stadium improvements, Cross Course at Flora Park, Barker and Pines Road Grade Separation Projects, Spokane Valley Heritage Museum improvements, Balfour Park Veterans Memorial, Scale House Market, funding for Spokane Valley Partners and the Boys & Girls Club and numerous city park projects; and WHEREAS, as a State Senator, Mike sponsored forty-five bills that became law on a wide range of topics such as reform for condominium construction, promoting employee -owned businesses, increased penalties for driving under the influence, claming rules on use ofbody worn cameras, establishing therapeutic courts, increased penalties for sexual misconduct in correctional facilities, tax exemptions for mobility enhancing equipment, adding closed captions on televisions in public areas, protecting foster home facilities, banning organ transplant discrimination for the developmentally disabled, emergency notifications for private schools and protecting and enhancing pollinators for crops; and WHEREAS, Mike has enriched the community serving as State Commissioner for American Legion Baseball and 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 hereby proclaim the city's appreciation to Mike Padden for 45 years ofpublic service and thank him for his many contributions to make Spokane Valley a safe, healthy and vibrant place to live, work and visit. Dated this 17th day 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 ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Second Ordinance Reading: Ordinance 24-017 Amending 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 re Ordinance 24-017 November 26, 2024; first reading December 10, 2024. BACKGROUND: CTA-2024-0001 is a city -initiated code text amendment revising chapter 17.80 SVMC to provide consistency 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 to chapter 36.70B RCW include modified local 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 items necessary to address within chapter 17.80 SVMC. The proposed amendment creates consistency between chapter 17.80 SVMC and chapter 36.70B RCW as amended by SB 5290. The Planning Commission considered CTA-2024-0001 at 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 Council that CTA 2024-0001 be approved with a minor clarification of the wording in SVMC 17.80.100.B. The Planning Commission's Findings and Recommendation are 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 been incorporated into the ordinance. The changes were discussed at the 1st Reading 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-2024-0001 Planning 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. RMose. 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 or building official Multiple Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Type I Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Home business permit 19.65.180 Shoreline letter of exemption 21.50 Record of survey to establish lots within a binding site plan 20.60.030 Right-of-way permits 22.130.100 Site plan review 19.130 Small cell permit 22.121; 22.122 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision, or binding site plan 20.30.060 Type 11 Alterations — preliminary and final short subdivisions and preliminary and final binding site plans (where there is no alteration of a public dedication) 20.60 Binding site plan — preliminary and final 20.50 Emergency shelter and emergency housing 19.45 Minor alterations — preliminary subdivisions 20.50 Permanent supportive housing 19.45 SEPA threshold determination 21.20.060 Shoreline conditional use permit 21.50 Shoreline nonconforming use or structure review 21.50 Shoreline substantial development permit 21.50 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 programs 19.45 Vacation — short subdivisions and binding site plans where there is no vacation of an area designated or dedicated for public use 20.70 Wireless communication facilities 22.120 Alterations — final subdivisions (where a public hearing is requested) 20.50 Alterations — preliminary and final short subdivisions and preliminary and final binding site plans (where there is alteration of a public dedication) 20.60 Type III Conditional use permits 19.150 Subdivisions — preliminary 20.30 Substantial alterations — preliminary subdivisions 20.50 Vacation — subdivision; short subdivisions and binding site plans where there is vacation of an area designated or dedicated for public use 20.70 Variance 19.170 Zoning map amendments (site -specific rezones) 19.30.030 Type IV Annual Comprehensive Plan amendments (text and/or map) 17.80.140 Area -wide zoning map amendments 17.80.140 Development Code text amendments 17.80.150 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 11— 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 1,11, 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- eComplete Notice of Notice of public Final decision and Application Type conference determination determination application bearing 17.80.120 notice 17.80.130 17.80.080 17.80.090 17.80.100 17.80.110 I O X X N/A N/A X *II **O X X X N/A X III X X X X X X 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 complete determination. 17.80.100 F411"Lomplete determination. A. Determination. Once a counter -complete application has been accepted, the department shall, within 28 calendar days, provide a written determination to the applicant that the application is €ttu} - complete, or that the application is 4-incomplete and that the procedural submission requirements have not been met. If, incomplete. -Tthe determination shall outline-a44-4 what is required to make the application complete._ 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 aDDlicant that the aDDlication 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 the City shall notify the applicant whether the a}rapplication is f ,l-complete or what additional information is necessary. 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 €trll)-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. F'�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 €Wly-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 fi''—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 4t454-complete status may be revoked if the department determines that the applicant intentionally submitted false information. In the event an applicant's €44)-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 € W-complete. 1. All notices of applications shall include the following: a. The case file number(s), the date of application, and the date a f ,lamcomplete 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. Ordinance 24-017 Permit Processing Procedures Page 8 of 19 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; Ordinance 24-017 Permit Processing Procedures Page 9 of 19 DRAFT 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. Ordinance 24-017 Permit Processing Procedures Page 10 of 19 DRAFT 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 €u4b-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. B. Timeline to Make Final Decision — Type II and III. The final decision on a Type II and III application shall be made not more than 120 calendar days (90 calendar days for subdivisions) after the date a €x#}�complete determination is made. Ordinance 24-017 Permit Processing Procedures Page 11 of 19 DRAFT 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; Ti rA rfOp fir,. r.,,, ; et St4eMe+A z. , 2-3. Time between submittal and resolution of an appeal; Of 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 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. Ft . 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; Ordinance 24-017 Permit Processing Procedures Page 12 of 19 DRAFT 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. L Where a final decision is made after the applicable timelines in SVMC 17.80.130, a portion of the permit fee may be refunded pursuant to RCW 36.70B.080(1)(1). 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 €H4)-complete determinations pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100. The date upon 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 1 st 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 1 st 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 1 st of the calendar year shall be placed on the register for review at the following annual review. Ordinance 24-017 Permit Processing Procedures Page 13 of 19 DRAFT 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. I 30(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. Ordinance 24-017 Permit Processing Procedures Page 14 of 19 DRAFT 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. 1. 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(1)(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. Ordinance 24-017 Permit Processing Procedures Page 15 of 19 DRAFT 1. After submittal of an applicant -initiated application, the application shall be subject to a preapplication conference, counter -complete determination, and F ,lamcomplete 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; Ordinance 24-017 Permit Processing Procedures Page 16 of 19 DRAFT 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 €ulb-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. Ordinance 24-017 Permit Processing Procedures Page 17 of 19 DRAFT 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 €a11}-complete based upon the changes. In the event the application or project is changed such that it is no longer fi''�complete, the applicant shall provide such information as is required to render the modified application € t4l -complete and the applicant Ordinance 24-017 Permit Processing Procedures Page 18 of 19 DRAFT shall agree to reset the time period for permit review and processing to the date the modified application is determined to be 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 €till} -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 €afl}-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. 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 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 12024. Pam Haley, Mayor ATTEST: Marci Patterson, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 24-017 Permit Processing Procedures Page 19 of 19 FINDINGS AND RECOMMENDATIONS OF THE SPOI{ANE VALLEY PLANNING COMMISSION CTA-2024-0001 Proposed Amendment to Spokane Valley Municipal Code (SVMC) Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. Background: 1. In 1995 the State of Washington adopted the Local Project Review Act and enacted chapter 36.70B RCW, the Local Project Review Act, as the statewide framework for local government land use planning review and development permitting 2. Pursuant to RCW 36.70A.130, Spokane Valley adopted its 2016 Comprehensive Plan Update and updated development regulations on December 13, 2016, with December 28, 2016, as the effective date. 3. Chapter 17.80 SVMC, Permit Processing Procedures, establishes standardized decision -snaking procedures for reviewing development and land use applications within the City of Spokane Valley. 4. In the spring of 2023, the State of Washington adopted Senate Bill 5290 amending chapter 36.70B RCW. 5. CTA-2024-0001 is a City -initiated code text amendment to chapter 17.80 SVMC revising permit processing procedures and timelines in accordance with statutory amendments to chapter 36.70B RCW. 6. The Planning Commission held a properly noticed public hearing and conducted deliberations on October 24, 2024. The Commissioners voted 4-0 to recommend that the City Council approve the amendment with changes to section 17.80.100.B that clarified the language. Planning Commission Findings: 1. Compliance with SVMC 17.80.150(F) Approval Criteria a. The proposed text 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. Conclusion: The proposed text amendment is consistent with the goals and policies of the Comprehensive Plan. b. The proposed amendment bears a substantial relation to public health, safety, welfare and protection of the environment. 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 Findings and Recommendations of the Spokane Valley Planning Commission CTA-2024-0001 Page I of 2 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION 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. 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. 2. Recommendation: For the reasons stated above the Spokane Valley Planning Commission recommends that the City Council approve CTA-2024-0001 with the recommended change to section 17.800.100.B. Attachment: Exhibit 1 —Proposed Amendment CTA-2024-0001 Approved this 14't' day of November 2024 Planning Commission Chan• ATTEST Marianne Lemons, Office Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA-2024-0001 Page 2 of 2 Regular Meeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall October 10, 2024 L 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. IL Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Susan Delucchi, absent Michael Kelly Bob McKinley John Robertson Vadim Smelik, absent Justin Weathermon, absent Dan Wilson Tony Beattie, Senior Deputy City Attorney Lori Barlow, Senior Planner Martin Palaniuk, Associate Planner Chad Knodel, IT Manager Marianne Lemons, Administrative Assistant 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 93: 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 bega 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 Comprehensive Plan Update process. The City will begin the interview process soon. VIL 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). Within 14 calendar days after the applicant has submitted any additional information identified by the City as necessary for a complete application, the City shall notes the applicant whether an application is fully complete or what additional information is necessary. Mr. Palamuk 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, 2024 Planning Commission meeting. 10-10-2024 Planning Commission Minutes Page 3 of 3 X. ADJOURNMENT: Commissioner Robertson moved, and it was seconded, to adjourn the meeting at 6: 53 p. m. The vote on the motion was four in favor, zero against, and the motion passed. Bob McKinley, Chairman Date Signed Marianne Lemons, Secretary I. II. Regular Meeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall October 24, 2024 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. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Susan Delucchi Michael Kelly, absent Bob McKinley John Robertson Vadim Smelik, absent Justin Weathermon Dan Wilson, absent Tony Beattie, Deputy City Attorney Lori Barlow, Senior Planner Martin Palaniuk, Associate Planner Miguel Aguirre, IT Specialist Marianne Lemons, Administrative Assistant There was consensus to excuse Commissioner Wilson, Commissioner Kelly, & Commissioner Smelik from the meeting. 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: Within 14 calendar days after the applicant has submitted any additional information identified by the City as necessary for a complete application, the City shall notes 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 Regular Meeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall November 14, 2024 L 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. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Susan Delucchi Michael Kelly Bob McKinley, absent John Robertson Vadim Smelik, absent Justin Weathermon Dan Wilson Tony Beattie, Deputy City Attorney Lori Barlow, Senior Planner Justan Kinsel, IT Specialist Marianne Lemons, Administrative Assistant 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 Weathermon moved, 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. VIL 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 IILB. 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 ECONOMIC DEVELOPMENT DEPARTMENT PLANNING DIVISION Spokane STAFF REPORT AND RECOMMENDATION TO THE ..;,oOValley PLANNING COMMISSION CTA-2024-0001 STAFF REPORT DATE: October 10, 2024 HEARING DATE AND LOCATION: 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 is provided on the agenda for the Planning Commission and posted to the City's webpage: www.spokanevalley.org/planningcommission. PROPOSAL DESCRIPTION: A city -initiated code text amendment (CTA) to 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. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, and 19.30.040. SUMMARY OF CONCLUSIONS: CTA-2024-0001 is consistent with the criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Martin Palamuk, Associate Planner REVIEWED BY: Lori Barlow, AICP, Senior Planner ATTACHMENTS: Exhibit 1: Proposed Amendment Exhibit 2: Senate Bill SB-5290 APPLICATION PROCESSING: Chapter 17.80 SVMC, Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Procedural Action Date Published Notice of Public Hearin (1st Notice): October 4, 2024 Department of Commerce 60-day Notice of Intent to Adopt Amendment October 4, 2024 Published 2nd Notice of Public Hearing October 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 36.7013.140. 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 L L C.� ca 0 L Q Q all —W x i a--+ cn O .Ln N E a) E m Al L ► I •U N E m m E _cnQ .� O a)N 4-j N N N m � � � � a)O N to O O E U U � o 3 cn a) a--+ U O U U O O LO cn E r ■ O mU O 0) coQ � O E cc (B }i L 0 O -� V cc N Q Q L r E 0) 0) 0 Co N O CO N O t I ry U o 04 � a)U �N a) 0 U ON (v E co E E a) U C: a) U U QN 00 00 4'. 0 0 N L N '^ O 0 E O O � 04 I E I I O )04 0 U p L Lc C/)N =N Cl)� �:,O QUO (n a N LL Z 'l. N H m H O C404 0 H H m N J © � 3 N � w O �" W J N ate° La 14 m ar H 4J a b 0} m N ID N b a V E W 6L EI [U� Q a 1s N .k N 41 4 u 41 1 N . 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U) i cc t V 4- 0 ► I u a) 0) fn M a) A-Z U U O 4-1 L O Q O > a' a, x X N O LD —0 0)(6 � L c c Q ( U U T U cu M O U O O Q N E Q N N cr U o � " O cn O 'C: O (6 N .L E Q C M C: to O E c: .- O Sn N X N U L cn 0 0).s 5 O E N O C U N N N N E 70 O C: C: � N Q (D cu cn 0) .Q N N cn O 2 O .In U N 0 LAC LM L&, U a O V I I }i O O 'Zo L c co a) U 2 w > cn T � O cn N E a) o �— a) � L a) M N cn H O O LO � o cn 00 m a--+ m i a) E E O 0 0 cn .E E O U 0 N U 0 A, U O o L a r i E 0) 0) 0 Co N O CO N O t I ry U o 04 � a)U �N O a) O 0 U ON (v E co E E a) U C a) U U QN 00 00 r== 0 0 O L N L �� O o E U O U O � 04 I E I I O jN 0 U p L Lc �N =N Cl) �:,O QUO (n 0- N LL Z X N z �a 0 0 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 17, 2024 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ public 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.,,�B 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 Citv 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 rg anting, donation, or transfer at less than fair market value of City real prope . 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 propertypublic, private, or nongovernmental body on any mutuallyagreeable 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 propegy 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 convey the he 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 pted 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 Dartv recipients for anv lawful Durpose_ includine for the benefit of the Door and infirm. B. The recipient of any grant of City funds shall be selected through either the "request for proposals" or "reauest for aualifications" Drocess 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 ma. b�pended, (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 Cites 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 12024. 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 E new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed Resolution #24-013 amending the Master Fee Schedule for 2025. GOVERNING LEGISLATION: The Master Fee Schedule setting 2024 fees was established via Resolution #23-013 and was adopted by the City Council on December 19, 2023. PREVIOUS COUNCIL ACTION TAKEN: On November 26, 2024, Council considered an Administrative Report on the proposed resolution establishing 2025 fees. No formal action has been taken to date. Revenues generated by the fee resolution in 2025 Budget account for: • $4,303,400 or 6.76% of total General Fund recurring revenues of $63,655,300. • $6,170,000 or 98.56% of total Stormwater Management Fund recurring revenues of $6,260,000. BACKGROUND: Part of the annual operating budget development process involves City Departments reviewing the Master Fee Schedule that is currently in place and determining whether changes in the fees charged and/or language used in the governing resolution should be altered. Recommended changes to the fee schedule are as follows: Under Schedule A — Planning — The Community and Public Works Department is proposing fees increase by the automatic increase implemented in 2021. This increase is the lesser of 80% of the change from September to September of the Consumer Price Index for All Urban Consumers (CPI-U), West Region, or 4%. The actual CPI increase as of September 2024 was 2.10%, and 80% of that was 1.68%, meaning that the automatic increase for 2025 was calculated at 1.68%. The 1.68% increase did not affect any fees of $29 or less. Under Schedule B — Building - The Community and Public Works Department is proposing fees increase by the automatic increase implemented in 2021, as described above under Schedule A. The automatic increase was not implemented for the Building Permit Fees or Stormwater Utility Charges as those are adjusted under a separate process. Additional changes under Schedule B are as follows: o Stormwater Utility Fee increased to $61 annually based on the automatic increase implemented in 2022. This increase is equal to the change from September to September of the Consumer Price Index for All Urban Consumers (CPI-U), West Region. The actual CPI increase as of September 2024 was 2.10%, and as such, the automatic increase for 2025 was calculated at 2.10%. • Under Schedule C — Parks and Recreation — The Parks and Recreation Department is proposing some changes to the fee schedule to clarify and simplify various fees related to CenterPlace. • CenterPlace o Eliminate Great Room Multi-use/Banquet Hall and Senior Center Lounge with Dance Floor for Wedding Ceremonies for 2 hours and replace them with Double - Set Wedding Ceremony with Reception under Miscellaneous. o Increased Great Room Multi-use/Banquet Hall — Wedding Receptions from $1,350 to $1,500. o Increased Senior Center Lounge with Dance Floor — Wedding Receptions from 6 hours to 10 hours and increased the fee from $850 to $1,000. o Add West Lawn Plaza — Wedding Reception for 10 hours under West Lawn and CenterPlace in the amount of $2,500. o Increased Room Setup fees from $26 to $30 per hour. o Removed Conference Phone Rental. • Removed Ball Field Rentals as this service is now provided through an outside contractor. • Added a Refunds/Cancellation policies section applicable to Recreation and Aquatics Programs as well as Park Reservations. • Any other changes are minor for clarification or grammar. OPTIONS: Move to approve the updated fee resolution changes as presented this evening, with or without further modifications. RECOMMENDED ACTION OR MOTION: Move to approve Resolution #24-013, repealing and replacing Resolution #23-013, and approving the Master Fee Schedule for 2025. BUDGET/FINANCIAL IMPACTS: The proposed changes are not expected to have a significant impact on 2025 budgeted revenues. STAFF CONTACT: Chelsie Walls, Finance Director ATTACHMENTS: • Memo from the Community and Public Works Department that provides a detailed description and rationale for the proposed fee changes. • Memo from the Parks and Recreation Department that provides a detailed description and rationale for proposed fee changes. • Consumer Price Index, West Region — September 2024 News Release from October 10, 2024. • Resolution #24-013 — clean copy and redlined version. Spokane ,,;oOVa11eyR 10210 E Sprague Avenue ♦Spokane Valley WA 99206 Phone: (509) 720-5240 ♦ Fax: (509) 720-5075 ♦ permitcenter(_spokanevalley.ora Memorandum Date: 11/7/2024 To: Chelsie Walls, Finance Director From: Greg Baldwin, Development Services Coordinator CC: Gloria Mantz, City Services Administrator Jenny Nickerson, Building Official Oksana Zhukov, Accountant/Budget Analyst Re: 2025 Fee Resolution Proposals The Building Department would like to propose the following changes to the current Master Fee Schedule resolution for 2025. We have attached a copy of the Bureau of Labor Statistics from the U.S. Department of Labor for the Consumer Price Index for All Urban Consumers Price Index (CPI-U), West Region, from September 2023 — September 2024 as required in Resolution No. 20-016. The "all items" index increased 2.10 percent for the 12 months ending September 2024. The Master Fee Schedule - Automatic Annual Adjustment is calculated at 80% of any change from September to September of the CPI index. The calculation is 2.10 % X .80 = 1.68 %. In no event shall the cumulative change in rates or charges be more than four percent (4%) per year. The Final Automatic Annual Adjustment is 1.68% in accordance with the Master Fee Schedule. We have made changes to the Master Fee Schedule reflecting this 1.68% fee increase for the proposed 2025 Master Fee Schedule. Unit prices were rounded to the nearest dollar. Fees $29 and under are not affected by the 1.68% increase. Schedule A — Planning Fees have been adjusted by adding this 1.68% fee increase to the base fee value detailed in the 2024 permit fee published in the Master Fee Schedule. Schedule B — Building Fees have been adjusted by adding this 1.68% fee increase to the base fee value detailed in the 2024 permit fee published in the Master Fee Schedule. This 1.68% fee adjustment did not include Building permit fees, which are updated through the International Code Council (ICC) published updates. The following minor modifications are proposed to the Master Fee Schedule for the Building Department. 1 I P a g e 2025 Master Fee Schedule Resolution Proposal — Supporting Documents 1) Fee Refund Policy: A) Refunds authorized under this policy apply efAy to Schedule, A and B. Amending the Master Fee Schedule language from "apply e+y to Schedule, A and B." Implements a process for refunds, and provides direction for staff who receive and process refunds of application/permit fees. If you have any questions, or need additional information, please let me know. Thank You for the consideration. 2 1 P a g e 2025 Master Fee Schedule Resolution Proposal — Supporting Documents /\ . PARKS AND RECREATION DEPARTMENT SCITY OF ✓ �� John Bottelli, Parks &Recreation Director pokane 2426 North Discovery Place ♦ Spokane Valley, WA 99216 Valley Phone: (509) 720-5200 ♦ Fax: (509) 720-5250 ,;01111111111OEmail: parksandrec@spokanevalley.org Memorandum Date: November 19, 2024 To: Spokane Valley City Council From: John Bottelli, Parks & Recreation Director 3 u Re: 2025 Master Fee Schedule Update Parks & Recreation is requesting the following changes to Schedule C of the 2025 Master Fee Schedule: AQUATICS No fee changes — see REFUNDS/CANCELLATIONS section added below CENTERPLACE Note: CenterPlace operations continue to be under review. For 2004 a few minor adjustments and increases are proposed to simplify and implement wedding marketing packages, clarify item descriptions, and remove fees for items no longer in use. Changes proposed for 2025 are as follows: 1. Great Room Section a. Multi-use/Banquet Hall —Wedding Ceremony — 2 hour fee of $500 removed. Explanation: This fee will be replaced with the Double -Set Wedding Ceremony with Reception fee noted below. b. Wedding Reception —10 hours fee increased from $1,310.00 to $1,500.00. Explanation: This increase is to cover the cost of staff required to service the event. The host fees for wedding packages are built into the price and with the increase in host fees the past two years we need to update our package pricing as well. 2. Senior Center Wing Section a. Lounge with Dance Floor — Wedding Ceremony — 2 hour fee of $500 removed. Explanation: This fee will be replaced with the Double -Set Wedding Ceremony with Reception fee noted below. b. Wedding Reception — 6 hours fee increased from $850.00 to $1,000.00 and update the rental time to 8 hours Explanation: We are seeing most weddings needing additional hours in the space and this adjustment simplifies the pricing and offsets the additional staffing costs as well. 3. West Lawn and CenterPlace Section a. West Lawn Plaza —Wedding Reception —10 hours fee of $2,500.00 added. Explanation: This fee is a new fee as we currently do not have a West Lawn Wedding Reception fee, and we are seeing an increase in Wedding Receptions on the Plaza. This rate reflects the highest tier of our three wedding reception options due to the premier location and higher capacity of the Plaza and builds the host fees into the package price. 4. Miscellaneous Section a. Double -Set Wedding Ceremony with Reception fee of $500.00 added. Explanation: This fee will replace the Wedding Ceremony fees for the Great Room and Lounge. The Double -Set Wedding Ceremony fee of $500 will allow us to utilize the fee for Ceremonies that are in the same space as the reception whether the space be the West Lawn Plaza, Great Room or Fireside Lounge. b. Room Setup fee increased from $26.00 to $30.00. Explanation: the room setup fee is increased to match the host fee to recover costs. c. Satellite Video Conferencing is replaced with 85" TV with Crestron System. Explanation: No fee change. This equipment is no longer used at CenterPlace and is replaced in the fee schedule with the large panel TV and video conferencing system. d. Wine glass only rental is replaced with Glass only rental. Explanation: No fee change. The description is updated to reflect a variety of glass options. e. Conference Phone fee of $100.00 removed. Explanation: This equipment is no longer used or requested by customers. BALL FIELD RENTAL/USE 1. Fees for ball field rental removed. Explanation: This service is now provided through an agreement with an outside contractor (currently Spokane Indians Youth Baseball). REFUNDS/CANCELLATIONS 1. Refunds and Cancellation policies for Recreation and Aquatics Programs and Park Reservations added. Explanation: Current policies for refunds and cancellations proposed to be included in the fee schedule to increase transparency for citizens and simplify documentation for the Finance Department. 2 U.S. BUREAU OF LABOR STATISTICS r Bureau of Labor Statistics > Geographic Information > Western > News Release Western Information Office Search Western Region News Release Information 24-2130-SAN Thursday, October 10, 2024 Contacts Technical information: (415) 625-2270 BLSinfoSFAbls.gov w .bls•gov/regionslwest Media contact: (415) 625-2270 Related Links CPI historical databases Consumer Price Index, West Region — September 2024 Area prices were up 0.2 percent over the past month, up 2.1 percent from a year ago Prices in the West Region, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), increased 0.2 percent in September, the U.S. Bureau of Labor Statistics reported today. (See table A.) The September increase was influenced by higher prices for apparel. (Data in this report are not seasonally adjusted, Accordingly, month -to - month changes may reflect seasonal influences.) Over the last 12 months, the CPI-U rose 2.1 percent. (See chart 1 and table .) Food prices advanced 2.5 percent. Energy prices declined 9.7 percent, largely the result of a decrease in the price of gasoline. The index for all items less food and energy increased 3.0 percent over the year. (See table 1.) Chart 1. Over -the -year percent change In CPI-U, West region, September 2021— September 2024 All items Percent change —AII items less food and energy 10.0 9.0 8.0 7.0 6.0 i 6.0 4.0 3.0 2.0 1.0 0.0 Sep Dec Mar Jun Sep Dec Mar Jun Sep Dec Mar Jun Sep 2021 2022 2023 2024 Source: U.S. Bureau of Labor Statistics. View Chart Data Food Food prices advanced 0.3 percent for the month of September. (See table 1.) Prices for food at home increased 0.1 percent, led by higher prices for meats, poultry, fish, and eggs (1.3 percent) and fruits and vegetables (1.0 percent). Prices for food away from home rose 0.4 percent for the same period. Over the year, food prices advanced 2.5 percent. Prices for food at home advanced 1.1 percent since a year ago, led by higher prices for meats, poultry, fish, and eggs (3.4 percent) and fruits and vegetables (2.2 percent). Prices for food away from home rose 4.8 percent. Energy The energy Index advanced 0.1 percent over the month. The increase was mainly due to higher prices for natural gas service (1.1 percent). Prices for electricity and gasoline were unchanged for the same period. Energy prices declined 9.7 percent over the year, largely due to lower prices for gasoline (-17.7 percent). Prices paid for natural gas service decreased 4.8 percent, while prices for electricity increased 4.2 percent during the past year. All items less food and energy The index for all items less food and energy advanced 0.3 percent In September. Higher prices for apparel (3.0 percent) and household furnishings and operations (0.9 percent) were partially offset by lower prices for medical care (-0.2 percent) and shelter (-0.1 percent). Over the year, the Index for all items less food and energy increased 3.0 percent. Components contributing to the increase included shelter (3.7 percent) and medical care (3.5 percent). Partly offsetting the Increases were price decreases in new and used motor vehicles (-1.7 percent) and household furnishings and operations (-0.3 percent). Table A. West region CPI-U 1-month and 12-month percent changes, all items Index, not seasonally adjusted 2020 2021 2022 2023 2024 Month 1-month 12-month 1-month 12-month 1-month 12-month 1-month 12-month 1-month 12-month January 0.3 2.9 0.2 1.4 0.9 7.7 0.9 6.3 0.7 3.3 February 0.4 3.1 0.5 1.6 0.8 8.1 0.5 6.0 0.4 3.2 March -0.2 2.5 0.7 2.4 1.3 8.7 0.5 5.1 0.9 3.6 April -0.4 1.3 1.0 3.9 0.7 8.3 0.5 4.9 0.6 3.7 May 0.1 0.8 0.8 4.7 0.8 8.3 0.4 4.5 0.1 3.3 June 0.4 1.2 0.9 5.1 1.2 8.8 0.3 3.5 -0.2 2.8 July 0.5 1.7 0.6 5.2 0.1 8.3 0.1 3.5 -0.1 2.6 August 0.3 1.9 0.2 5.0 0.0 8.1 0.4 3.9 0.1 2.2 September 0.0 1.6 0.2 5.3 0.3 8.3 0.4 3.9 0.2 2.1 October 0.2 1.2 0.8 6.0 0.7 8.1 0.1 3.3 November 0.0 1.4 0.5 6.5 -0.4 7.1 -0.4 3.3 December -0.1 1.5 0.4 7.1 -0.4 6.2 -0.1 3.6 The October 2024 Consumer Price Index for the West Region is scheduled to be released on November 13, 2024. Technical Note The Consumer Price Index (CPI) Is a measure of the average change in prices over time in a fixed market basket of goods and services. The Consumer Price Index for the West Region is published monthly. The set of components and sub -aggregates published for regional and metropolitan indexes Is more limited than at the U.S, city average level; these Indexes are byproducts of the national CPI program. Each local Index has a much smaller sample size than the national or regional Indexes and Is, therefore, subject to substantially more sampling and other measurement error. As a result, local -area Indexes are more volatile than the national or regional indexes. In addition, local Indexes are not adjusted for seasonal influences. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The West Region covered in this release is comprised of the following thirteen states: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. Refer to the national CPI news release technical note or the Handbook of Methods for more information. Information in this release will be made available to individuals with sensory impairments upon request. Voice phone: (202) 691-5200; Telecommunications Relay Service: 7-1-1. Table 1. Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods West (1982-84=100 unless otherwise noted) Indexes Percent change from. Item and Group Historical Jul. Aug. Sep. Sep. Jul. Aug. data 2024 2024 2024 2023 1 2024 2024 I Expenditure category All Items tr 333.174 333.442 334.265 2.1 0.3 0.2 All items (December 1977-100) ❑N 538.658 538.991 540.321 Footnotes (1) This Index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (2) Indexes on a December 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special Index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. (6) Indexes on a December 1977=100 base. - Data not available Regions defined as the four Census regions. West includes Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. NOTE: Index applies to a month as a whole, not to any specific date. Data not seasonally adjusted. Item and Group Indexes Percent change from - Historical data Jul. 2024 Aug. 2024 Sep. 2024 Sep. 2023 Jul. 2024 Aug. 2024 Food and beverages 0 342.109 342.688 343.636 2.5 0.4 0.3 Food lr 344.660 345.168 346.078 2.5 0.4 0.3 Food at home t+ 320.604 321.112 321.588 1.1 0.3 0.1 Cereals and bakery products © 333.374 333.764 330.940 -0.1 -0.7 -0.8 Meats, poultry, fish, and eggs 349.628 353.824 358.544 3.4 2.6 1.3 Dairy and related products dr 283A81 286.959 282.312 0.3 -0.4 -1.6 Fruits and vegetables 1r 399.269 400.473 404.412 2.2 1.3 1.0 Nonalcoholic beverages and beverage materials 223.390 223.332 221.841 -0.7 -0.7 -0.7 Other food at home 0 279.686 276,891 277.087 0.1 -0.9 0.1 Food away from home 378.716 379.477 381.086 4.8 0.6 0.4 Alcoholic beverages 304.672 304.718 306.245 1.7 0.5 0.5 Housing © 373.742 374.674 374.911 3.2 0.3 0.1 Shelter 431.089 432.345 432.115 3.7 0.2 0.1 Rent of primary residenceU lr 459.088 460.199 461.749 3.9 0.6 0.3 Owners' equiv, rent of resldencesUlU Q 453.221 454.992 456.117 4.1 0.6 0.2 Owners' equiv. rent of primary residenceWQJ 0 452.990 454.750 455.877 4.0 0.6 0.2 Fuels and utilities 0 420.812 422.014 423.263 3.2 0.6 0.3 Household energy © 366.218 366.997 367.801 1.9 0.4 0.2 Energy servicesW 369.478 370.385 371.264 2.1 0.5 0.2 ElectricityW © 412.405 412.323 412.368 4.2 0.0 0.0 Utility (piped) gas service() ❑N 287.908 291.485 294.623 -4.8 2.3 1.1 Household furnishings and operations fr 156.646 156.422 157.762 -0.3 0.7 0.9 Apparel 0 124.486 126.865 130.727 2.9 5.0 3.0 Transportation © 281.529 279.281 280.375 -1.0 -0.4 0.4 Private transportation 280.529 279.038 280.160 -0.9 -0.1 0.4 New and used motor vehicles() 1+ 123.294 122.903 122.848 -1.7 -0.4 0.0 New vehicles Q 175.298 175.077 176.029 -1.4 -0.2 0.0 New cars and trucks(JU - - - - - New cars() © 173.095 172.778 172.791 -2.1 -0.2 0.0 Used cars and trucks lr 171.475 170.376 170.464 -5.4 -0.6 0.1 Motorfuel 342.312 336.506 336.319 -17.9 -1.8 -0.1 Gasoline (all types) © 341.171 335.351 335.252 -17.7 -1.7 0.0 Gasoline, unleaded regular(A) 0 336.688 330.830 330.592 -18.1 -1.8 -0.1 Gasoline, unleaded midgradeW(t;l lr 327.111 321.677 322.049 -16.8 -1.5 0.1 Gasoline, unleaded premium( 337.418 332.076 332.469 -16.0 -1.5 0.1 Medical Care 0 611.794 611.401 610.440 3.5 -0.2 -0.2 Medical care commodities © 479.551 476.510 471.370 2.7 -1.7 -1.1 Medical care services ff 652.617 653.074 653.464 3.6 0.1 0.1 Professional services 0 426.774 426.918 425.980 4.0 -0.2 -0.2 Recreationm 131.227 131.086 131.860 0.4 0.5 0.6 Education and communicatlonW 143.742 144.345 145.161 1.1 1.0 0.6 Tuition, other school fees, and child careW lr 1,672.482 1,696.525 1,706.342 2.9 2.0 0.6 Other goods and services 554.326 555.140 554.123 1.4 0.0 -0.2 Commodity and Service Group All items Q 333.174 333.442 334.265 2.1 0.3 0.2 Commodities 1 226.547 226.365 227.309 -1.6 0.3 0.4 Footnotes (1) This index series was calculated using a Laspeyres estimator. All other item stratum Index series were calculated using a geometric means estimator. (2) Indexes on a December 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. (6) Indexes on a December 1977=100 base. - Data not available Regions defined as the four Census regions. West includes Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. NOTE: Index applies to a month as a whole, not to any specific date. Data not seasonally adjusted. Item and Group Indexes Percent change from. Historical data Jul. 2024 Aug. 2024 Sep. 2024 Sep. 2023 Jul. 2024 Aug. 2024 Commodities less food & beverages El 172.630 172.188 173.078 -4.0 0.3 0.5 Nondurables less food & beverages 230.925 230.838 232A64 -5.3 0.7 0.7 Nondurables less food, beverages, and apparel 305.596 303.848 303.992 -7.5 -0.5 0.0 Durables © 121.907 121.299 121.670 -2.9 -0.2 0.3 Services 432.604 433.320 433.999 4.2 0.3 0.2 Rent of shelter(a) Q 459.735 461.081 460.830 3.7 0.2 -0.1 Transportation services ❑1r 422.480 419.338 422.950 10.9 0.1 0.9 Other services © 416.073 417.241 418.388 2.3 0.6 0.3 Special aggregate Indexes: All items less medical care Q 320.354 320.649 321.544 2.0 0.4 0.3 All items less food ❑ff 331.508 331.725 332.535 2.0 0.3 0.2 All items less shelter 0 294.494 294.342 295.623 1.1 0.4 0.4 Commodities less food 177.424 176.990 177.903 -3.8 0.3 0.5 Nondurables 286.295 286.525 287.842 -1.2 0.5 0.5 Nondurables less food Q 236.517 236.440 238.073 4.9 0.7 0.7 Nondurables less food and apparel 304.990 303.406 303.667 -6.8 -0.4 0.1 Services less rent of shelterU © 446.783 446.722 448,755 4.9 0.4 0.5 Services less medical care services 417.114 417.845 418.542 4.3 0.3 0.2 Energy tr 359.673 356.605 356.844 -9.7 -0.8 0.1 All items less energy fr 334.164 334.639 335.504 2.9 0.4 0.3 All items less food and energy 333.268 333.723 334.582 3.0 0.4 0.3 Commodities less food and energy commodities rr 159.623 159.695 160.702 -1.0 0.7 0.6 Energy commodities 348.643 342.758 342.536 -17.7 -1.8 -0.1 Services less energy services 437.954 438.663 439.336 4.3 0.3 0.2 Footnotes (1) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (2) Indexes on a December 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. (6) Indexes on a December 1977=100 base. - Data not available Regions defined as the four Census regions. West includes Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. NOTE: Index applies to a month as a whole, not to any specific date. Data not seasonally adjusted. Last Modified Date: Thursday, October 10, 2024 U.S. BUREAU OF LABOR STATISTICS Western Information Office Attn: EA & I, 90 Seventh Street Suite 14-100 San Francisco, CA 94103-6715 Telephone:1-415-625-2270_ www b s gov/regions/west Contact Western Region CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO.24- 013 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING RESOLUTION 23-013, AND APPROVING THE 2025 MASTER FEE SCHEDULE, AND OTHER MATTERS RELATING THERETO. WHEREAS, it is the general policy of the City to establish fees that are reflective of the cost of services provided by the City; and WHEREAS, the City uses a resolution to establish the schedule of fees for City programs, permits and services, and periodically the fee resolution and fee schedule must be amended to incorporate new or modified services; and WHEREAS, Council desires to approve the resolution and accompanying fee schedule. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Adoption. The Master Fee Schedule is hereby adopted as provided herein and as shown and incorporated in the attached schedules. Section 2. Repeal. Resolution 23-013 is hereby repealed in its entirety. Section 3. Effective Date. This Resolution shall be in full force and effect January 1, 2025. Approved this 17"' Day of December, 2024. ATTEST: CITY OF SPOKANE VALLEY Marci Patterson, City Clerk Pam Haley, Mayor Approved as to form: Office of the City Attorney Resolution 24-XX013 Fee Schedule for 2025 Page 1 of 19 MASTER FEE SCHEDULE Fee Schedule Page No. Schedule A: Planning Schedule B: Building/Engineering Schedule C: Parks and Recreation 11 Schedule D: Administrative 154 Schedule E: Other Fees 16-5 Schedule F: Police Fees 16-5 Schedule G: Transportation Impact Fees 176 Resolution 24-XXX 013 Fee Schedule for 2025 Page 2 of 19 MASTER FEE SCHEDULE Schedule A — Planning Automatic Annual Adjustment Unless otherwise specifically amended, Schedule A of this Master Fee Schedule shall be reviewed and automatically adjusted annually to reflect (80%) of any change from September to September of the Consumer Price Index for All Urban Consumers (CPI-U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics, or other comparable index if not published. In no event shall the cumulative change in rates or charges be more than four percent (4%) per year. Unit prices shall be rounded to the nearest dollar. The automatic adjustment shall be effective January 1 of each year. No other fee schedules shall be affected by such automatic adjustment. AMENDMENTS Comprehensive Plan Amendment Zoning or other code text amendment APPEALS Appeal of Administrative Decision Appeal of Hearing Examiner Findings Transcript/record deposit on Appeals of Hearing Examiner Decisions Appeal of Administrative Decision - Code Enforcement Final Decision pursuant to chapter 17.100 SVMC ENVIRONMENTAL REVIEW STATE ENVIRONMENTAL POLICY ACT (SEPA) Single Dwelling (when required) All other developments Environmental Impact Statement (EIS) Review, minimum deposit Addenda of existing EIS Review f.NSous] NM1w111M11 Substantial Development Permit - under $50K Substantial Development Permit - over $50K Shoreline Exemption CRITICAL AREAS Floodplain Permit not associated with a subdivision Floodplain Permit associated with a subdivision LAND USE ACTIONS SUBDIVISIONS Preliminary plat Final Plat Time extensions — file review and letter FEE AMOUNT $2,788.002,835.00 $2,788. 902,835.00 $836.00850.00 $4,116. 001,135.00 $175.80178.00 $558.00567.00 unless otherwise waived pursuant to SVMC 17.110 $312.00317.00 $391.00398.00 $2,454. 002,495.00 $391.00398.00 $1,116..001,135.00 $1,785.001.815.00 $669.00680.00 $0567.00 $558.00 567.00+ $598=4= $58.00 per lot $2,788:902,835.00 + $46545.00 per lot $1,588.Wl,615.00+ $10.00 per lot $558.00567.00 Resolution 24-XX013 Fee Schedule for 2025 Page 3 of 19 SHORT PLATS Preliminary 2 to 4 lots Final plat 2 to 4 lots Preliminary plat 5 to 9 lots Final plat 5 to 9 lots Time extensions — file review and letter PLAT ALTERATION Subdivision plat Short plat PLAT VACATION BINDING SITE PLAN Binding site plan alteration Change of Conditions Preliminary binding site plan Creating lots within final binding site plan via Record of Survey Final Binding Site Plan AGGREGATION/SEGREGATION Lot line adjustment Lot line elimination Zero lot line OTHER PLANNING $2,238:002,267.00 $1,338.001,360.00 $2,230 W2,267.00+ $28.00 per lot $1,430:001,474.00 + $28.00 per lot $558.00567.00 $4,33 8:001,360.00 $836.00850.00 $1,644.001672.00 $2,`'0.002,267.00 $2,230:002,267.00 $2,230.002,267.00 $1,6:73.001,701.00 $2,230:092,267.00 $278.00283.00 $223.00227.00 $223.00227.00 + $10.00 per lot Administrative Exception $558.00567.00 Variance $4,757.001,787.00 Administrative Interpretations $391.00398.00 Home Occupation Permit $11-1.00113.00 Accessory Dwelling Units (ADU) $334.00340.00 Conditional Use Permit $1,785.001,815.00 Temporary Use Permit $558.00567.00 Small Cell Permit Application $558.00 567.00 for up to five sites + $ }}1.00-113.00 per additional site Hourly Rate for City Employees $68:0069.00 Document Recording Service by Staff Hourly Street Vacation Application $1,323.801,549.00 Pre -application Meetings $27S 00283.00* *Fee shall be deducted from land use application, building or commercial permit fees when application is filed within one year of pre -application meeting. ZONING map amendments (rezone)* $3,904.003,970.00 Planned residential development plan $2,230. D02,267.00 + $29.00 per lot Planned residential development modification $586.00596.00 Zoning letter $234.00238.00 *If rezone is combined with other action(s), cost of other action(s) is additional Resolution 24-XXX 013 Fee Schedule for 2025 Page 4 of 19 Schedule B — Building Automatic Annual Adjustment Unless otherwise specifically amended, Schedule B of this Master Fee Schedule shall be reviewed and automatically adjusted annually to reflect (80%) of any change from September to September of the Consumer Price Index for All Urban Consumers (CPI-U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics, or other comparable index if not published. In no event shall the cumulative change in rates or charges be more than four percent (4%) per year. Unit prices shall be rounded to the nearest dollar. The automatic adjustment shall be effective January 1 of each year. Stormwater Utility Charges on Developed Parcels shall be reviewed and automatically adjusted annually to reflect any change from September to September of the Consumer Price Index for All Urban Consumers (CPI- U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics, or other comparable index if not published. Unit prices shall be rounded to the nearest dollar. The automatic adjustment shall be effective January 1 of each year. Building permit fees shall not be included in the annual automatic adjustment because updates occur semi- annually through the International Code Council (ICC) published updates. No other fee schedules shall be affected by such automatic adjustment. Fee Payment Plan review fees are collected at the time of application. Such fees may be adjusted during plan review. Overages or under payments shall be appropriately adjusted at the time of permit issuance. Plan review fees are separate from and additional to building permit fees. Permit fees and any other unpaid fees shall be collected prior to issuance of the permit. Fees for outside professional services required during the permit process shall be paid by the applicant. Examples of outside professional services include review by contract reviewers, special inspection or construction services, consultant services for special topics, surveying or other services required to determine compliance with applicable codes. Fee Refund Policy. Refunds authorized under this policy apply etrly-to Schedule A and B. PLAN REVIEW FEES • Plan review fees are non-refundable once any plan review work has been started. • Paid plan review fees may be refunded when an eligible request is received in writing. • At a minimum, a $68.0069.00 administrative fee shall be retained. • If the paid plan review fee is less than $68 AA69.00, no refund is authorized. • If the paid plan review fee is more than $6S:4869.00, the amount for refund shall be calculated at the rate of 100% of the paid plan review fee minus $6&.N69.00. PERMIT FEES • Permit fees are non-refundable once work authorized by the permit has begun. • Paid permit fees may be refunded when an eligible request is received in writing. • At a minimum, a $68.0069.00 administrative fee will be retained when fees are refunded. • If the paid permit fee is less than $68.OQ69.00, no refund is authorized. • If the paid permit fee is more than $68:9869.00, the refund shall be calculated at the rate of 95% of the paid permit fee minus $68.0069.00. For any application taken or permit issued in error, a full refund of fees paid shall be made. No portion of the paid fees shall be retained. Resolution 24-XXX Fee Schedule for 2025 Page 5 of 19 FEES GENERAL Hourly Rate for City Employees Overtime rate for City Employees (1.5 times regular rate) Investigation fee: Work commenced without required permits Working beyond the scope of work Replacement of lost permit documents $"69.00 $102.00104.00 Equal to permit fee $4-00170.00 Hourly rate; 1 hour minimum Revisions to plans requested by the applicant or permit holder shall be charged the hourly rate with a minimum of one hour. Revised plans submitted in response to reviewer correction letters are not subject to the hourly assessment. Washington State Building Code Council Surcharge (WSBCC) — see the Washington State Building Code Council website for fees. BUILDING PERMIT: Building permit fees for each project are set by the following fees. The figures below shall be used to determine the building permit fees and plans check fees based on the value of the construction work as stated by the applicant or the value calculated by the Building Official using the latest valuation data published in the Building Safety Journal by the International Code Council, whichever value is greater. Valuations not listed in the Building Safety Journal: Building Type Valuation Per Square Foot Residential garages/storage buildings (wood frame) $22.00 Residential garages (masonry) $25.00 Miscellaneous residential pole buildings $22.00 Residential carports, decks, porches $18.00 Building Permit Fee Calculation Total Valuation Building Permit Fee $1.00 to $25,000.00 $69.25 for first $2,000.00 + $14.00 for each additional $1,000.00 (or fraction thereof) Up to and including $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $391.25 for first $25,000 + $10.10 for each additional $1,000.00 (or fraction thereof) Up to and including $50,000.00 $643.75 for first $50,000.00 + $7.00 for each additional $1,000.00 (or fraction thereof) Up to and including $100,000.00 $993.75 for first $100,000 + $5.60 for each additional $1,000.00 (or fraction thereof) Up to and including $500,000.00 Resolution 24-XX013 Fee Schedule for 2025 Page 6 of 19 $500,001.00 to $1,000,000.00 $1,000,001 and up $3,233.75 for first $500,000.00 + $4.75 for each additional $1,000.00 (or fraction thereof) Up to and including $1,000,000.00 $5,608.75 for first $1,000,000.00 + $3.15 for each additional $1,000.00 (or fraction thereof) Plan Review Fee Calculation % of Buildinu Permit Fee Plans review fee (general) 65% Plans review fee — Group R-3 occupancies (single family less than 7,999 sq. ft.) 40% Plans review fee — Group R-3 occupancies (single family 8,000 sq. ft. or more) 65% Plans review fee — Group U occupancies (sheds, barns, et.) 25% OTHER PERMITS: SITE PLAN REVIEW New Residential Home Site Plan Review Residential Accessory Structure Site Plan Review Commercial Site Plan Review DEMOLITION PERMIT Single Family Residence Commercial Building Garage or accessory building associated with residence or commercial building Foundation Only Building Permit: Swimming Pools, over 2 feet in depth Re -roof (no plan review charge unless submitted for review) Change of Use or Occupancy Classification Permit TEMPORARY CERTIFICATE OF OCCUPANCY Commercial or Multifamily Building Residential Building Manufactured Home (FAS) Placement Permit Permit or Application Expiration Extension Towers, elevated tanks, antennas $334.00340.00 $99-4090.00 $614.-00624.00 $52.00 53.00 flat fee $445.00147.00 flat fee $24.00 flat fee 25% of building permit fee $6&N0 9.00 + plumbing fees Based on Project Valuation Hourly $223.00227.00 $167.00170.00 $&640-, 7.00 per section $68.0069.00 Hourly SIGN PERMIT: Sign Permits are subject to the assessment of the WSBCC fee as noted in Schedule B "General" section and the following review fees. Sign Plan Review Fee $9&0097.00 Wall Sign Permit $94.40-85.00 per sign (flat fee) Freestanding or Monument Sign Permit $411.00113.00 per sign (flat fee) Resolution 24-X X 013 Fee Schedule for 2025 Page 7 of 19 RIGHT-OF-WAY (ROW) PERMIT: A traffic plan and traffic plan review is required if more than 50% of the width of any street is closed or if a single arterial lane is closed. A minimum plan review fee of $698b8.00 (hourly rate for City employees) applies to all right-of-way permits that require a traffic plan. If additional staff time is required, it shall be charged at the hourly rate. Fees for outside professional services required during the permit process shall be paid by the applicant. Examples of outside professional services include review by contract reviewers, special inspection or construction services, consultant services for special topics, surveying or other services required to determine compliance with applicable codes. TYPES OF ROW Non -cut obstruction without clean up Non -cut obstruction with clean up Pavement cut obstruction, non -winter Pavement cut obstruction, winter Working without a permit Commercial Approach Permit Residential Approach Permit Multiple Use Permit — overhead Multiple Use Permit — underground Erosion/Sediment Control — Site Inspection Oversized Load Permit Fee Structure Transport Permit ENGINEERING PERMITS GRADING PERMIT: 100 cubic yards (cu yd) or less 101 to 1,000 cubic yards 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 to 200,000 cubic yards 200,000 or more cubic yards GRADING PLAN REVIEW FEE: 100 cubic yards (cu yd) or less 101 to 1,000 1,001 to 10,000 Resolution 24-XXX 013 Fee Schedule for 2025 $81-. 82.00 $123.00125.00 $2-23.00227.00 $234.00238.00 100% Permit Fee $84- 085.00 $g8:0979.00 $12534-2-3.00 per 1/4 mile $75737.00 per 1/4 mile $111.00113.00 $84.W0 5.00 $167.00-170.00 per section $28.00 $28.00 for first 100 cu yd. + $7.00 each additional 100 cu yd $4-39:00141.00 for first 1,000 cu yd + $10.00 each additional 1,000 cu yd $2-54-.W255.00 for first 10,000 cu yd+ $35:0039.00 each additional 10,000 cu yd $59686386.00 for first 100,000 cu yd + $28.00 each additional 10,000 cu yd $697.00709.00 for first 200,000 cu yd + $28.00 for each additional 10,000 cu yd $23.00 $28.00 $38.003 9.00 Page 8 of 19 10,001 to 100,000 100,001 to 200,000 200,001 or more Grubbing & Clearing Only (without earth being moved) Paving Permit (greater than 5,000 sq. ft. - new paving only) OTHER ENGINEERING Design Deviation $3 8.0039.00 for first 10,000 cu yd + $28.00 each additional 10,000 cu yd $445-90198.00 for first 100,000 cu yd + $28.00 for each additional 10,000 cu yd $697.00709.00 for first 200, 000 cu yd + $28.00 for each additional 10,000 cu yd $7Fr.0077.00 $23¢00299.00 $167.00170.00 STORMWATER UTILITY CHARGE ON DEVELOPED PARCELS: Each single-family unit $60.0061.00 annual All other properties each $60-40 11.00 per 3,160 sq. ft impervious surface MECHANICAL PERMIT: Plan review fees for mechanical permits shall be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees shall be collected when the permit is issued. Mechanical Permit Fees A. BASIC FEES 1. Basic fee for issuing each Stand -Alone permit $4 - 42.00 2. Basic fee for each Supplemental permit $8.00 B. UNIT FEES (in addition to the basic fee) 1. Installation or relocation of Furnaces and suspended heaters a. up to and including 100,000 btu $15.00 b. over 100,000 btu $19.00 2. Duct work system $11.00 3. Heat pump and air conditioner a. 0 to 3 tons $15.00 b. over 3 tons to 15 tons $24.00 c. over 15 tons to 30 tons $29.00 d. over 30 tons to 50 tons $44:0042.00 e. over 50 tons $74- 72.00 4. Gas water heater $11.00 5. Gas piping system $1.00 per outlet 6. Gas log, fireplace, and gas insert installation $11.00 7. Appliance vents installation; relocation; replacement $10.00 each 8. Boilers, compressors, and absorption systems a. 0 to 3 hp - 100,000 btu or less $15.00 b. over 3 to 15 hp - 100,001 to 500,000 btu $24.00 c. over 15 - 30 hp - 500,001 to 1,000,000 btu $29.00 d. over 30 hp - 1,000,001 to 1,750,000 btu $41-:0042.00 e. over 50 hp - over 1,750,000 btu $74 4072.00 9. Air Handlers a. each unit up to 10,000 cfm, including ducts $15.00 b. each unit over 10,000 cfm $19.00 10. Evaporative Coolers (other than portable) $11.00 Resolution 24-X X 013 Fee Schedule for 2025 Page 9 of 19 11. Ventilation and Exhausts a. each fan connected to a single duct $ 11.00 b. each ventilation system $15.00 c. each hood served by mechanical exhaust $15.00 12. Incinerators a. residential installation or relocation $24.00 b. commercial installation or relocation $26.00 13. Unlisted appliances a. under 400,000 btu $5"059.00 b. 400,000 btu or over $117.00119.00 14. Hood a. Type I $-S"59.00 b. Type lI $11.00 15. LP Storage Tank $11.00 16. Wood or Pellet Stove insert $11.00 17. Wood stove system - free standing $29.00 PLUMBING PERMIT: Plan review fees for plumbing permits shall be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees shall be collected when the permit is issued. A. BASIC FEES 1. Basic fee for issuing each Stand -Alone permit 2. Basic fee for each Supplemental permit $44- 42.00 $8.00 B. UNIT FEES (in addition to the basic fee) 1. Each plumbing fixture on a trap $6.00 each (includes garbage disposals, dishwashers, backflow device, drainage, hot tubs, built-in water softener, water closets, lavatories, sinks, drains, etc.) 2. Water Heater $6.00 each 3. Industrial waste pretreatment interceptor $19.00 (includes its trap and vent, except kitchen type grease interceptors functioning as fixture traps.) 4. Repair or alteration of water piping, drainage or vent piping 5. Atmospheric type vacuum breaker 6. Backflow protective device other than atmospheric type vacuum breakers 7. Medical gas 8. Interceptors $6.00 each fixture $6.00 each $6.00 each $6.00 per outlet $6.00 each Resolution 24-X-X013 Fee Schedule for 2025 Page 10 of 19 Schedule C — Parks and Recreation ADMINISTRATIVE FEES Basic fees to be considered when applying rates Administrative Fee $32.00 Refuse Fee $52.00 AQUATICS Pool admission (age 5 and under) free Pool admission (age older than 5) $1.00 Pool punch pass (25 swims) $20.00 Weekend family discount — 1 child under 13 free with paying adult At the discretion of the City Manager, the Parks and Recreation Department may on occasion offer free admission open swim days. Swimming Lessons $48.00 Swim Team Fee $75.00 Pool Rental (fewer than 100 people) $300.00 for 2-hr rental Pool Rental (10 1 -200 people) $400.00 for 2-hr rental Refundable Pool Damage Deposit $150.00 ALCOHOLIC BEVERAGE PERMIT $10.00 CENTERPLACE Conference Center Wing Auditorium (presentation system included) $79.00 per hour Auditorium (presentation system included) $475.00 per day Auditorium (presentation system included) $236.00 per half day Auditorium Refundable Damage Deposit $75.00 Executive Conference Room $52.00 per hour Executive Conference Room 1/2 day $156.00 per 4 hours Executive Conference Room full day rental $416.00 per day Executive Conference Room Refundable Damage Deposit $75.00 Meeting Room $42.00 per hour Meeting Room $263.00 per day Large Meeting Room $75.00 per hour Large Meeting Room $225.00 per half day Large Meeting Room $450.00 per 9 hr day Meeting Room $131.00 per half day Meeting Room Refundable Damage Deposit $75.00 Portable Sound System $150.00 per event Bluetooth Speaker (includes hand-held or lapel microphone) $75.00 Platinum Package $500.00 per event Great Room Multi-use/Banquet Hall $105.00 per hour Multi use/Banquet Hall Weddiiig Geremeny 2 hours $500 nn Resolution 24-XXX 013 Fee Schedule for 2025 Page 11 of 19 Multi-use/Banquet Hall - Wedding Reception - 10 hours Multi-use/Banquet Hall Multi-use/Banquet Hall Small Dining Area Refundable Deposit Refundable Deposit - Weddings Table Settings (linens and tableware) Pipe & Drape rental Senior Center Wing $1,310.001,500.00 $840.00 per 9 hr session $1,575.00 all day (6 a.m.-1 a.m.) $52.00 per hour $210.00 $500.00 $3.00 per place setting $100.00 per day Lounge with Dance Floor $105.00 per hour Lounge with Dance Floor - Wedding Reception - 6 heurs8 hours $850.001,000.000 Refundable Lounge deposit $210.00 Refundable Lounge deposit - Weddings $500.00 Meeting room (evening use) $42.00 per hour Meeting room (evening use) $131.00 per 4 hr session Meeting room (weekend use) $262.00 per day Meeting room (weekend use) $131.00 per half day Meeting room deposit $75.00 West Lawn and CenterPlace Rental fee $3,500.00 per day West Lawn Wedding Ceremony - 2 hours (with CenterPlace Reception) $1,000.00 West Lawn Plaza - Wedding Reception - 10 hours $2,500.00 West Lawn Plaza Rental $2,000.00 per day - North Meadow additional $500.00 per day North Meadow Rental $1,000.00 per day West Lawn Plaza Rental - 1/2 day $1,000.00 - North Meadow additional $250.00 North Meadow Rental -'/2 Day $500.00 Outdoor Venue Refundable Damage Deposit $500.00 Miscellaneous Double -Set Wedding Ceremony with Reception $500.00 Self -Catered Event fee for groups bringing their own food in on Sundays • Groups in meeting rooms $75.00 • Groups in Fireside Lounge $210.00 • Groups in Great Room $500.00 Host/Hostess (after hours) $30.00 per hour Presentation System $262.00 per day (includes projector, podium, DVD/VCR sound system, camera system) Room Setup $24:0030.00 per hour Satellite Video 85" TV with Crestion S stem $262.00 per hour Additional Microphones $25.00 each Technical Support $42.00 per hour LCD Projector/ Television $25.00 per hour LCD Projector/ Television $100.00 per day Linens Only $10.00 per table Wine glassGlass only rental $0.50 per glass $ 1nn nn event. ��ert� Easel Paper Pad per $20.00 per pad Laptop Usage $50.00 per event Package Storage received two days before or after contracted event $5.00 per box per day Resolution 24-XX013 Fee Schedule for 2025 Page 12 of 19 Pallet Storage received two days before or after contracted event $50.00 per pallet per day Business Incentive Rental Policy — The Parks & Recreation Director has the authority to reduce the room rental rate by one hr. when the rental meets the following criteria: minimum of 25 participants; utilize a classroom at CenterPlace eight or more times per calendar year; and use in-house caterer for a meal each reservation. PICNIC SHELTER RESERVATION (For groups fewer than 200 people) Browns — large red (up to five hours) $100.00 Browns — small green (up to two hours) $40.00 Edgecliff (up to five hours) $100.00 Discovery Playground (up to two hours) $40.00 Greenacres — large (up to five hours) $100.00 Mirabeau Meadows (up to five hours) $100.00 Mirabeau Meadows — shelter and stage (up to five hours) $150.00 Mirabeau Springs — shelter and dock (up to two hours) $250.00 Sullivan (up to five hours) $100.00 Terrace View (up to five hours) $100.00 Valley Mission (up to five hours) $100.00 EVENT RESERVATION — include shelter (For groups of 200 or more people) Events include but are not limited to activities such as car shows, tournaments, or high -risk activities. The Parks and Recreation Director shall make the final determination. General fee (up to five hours): $175.00 Non-profit applications with proof of qualifying as a 501(c)(3) entity (up to five hours): $100.00 EVENT PHOTOS Mirabeau Springs shelter and dock $150.00 per hour REFUNDABLE FACILITY DAMAGE DEPOSIT Fewer than 200 people $75.00 Weddings, Special Events and events with 200 or more people $300.00 SPECIAL EVENTS (See Spokane Valley Municipal Code 5.15) Application Fee $50.00 RECREATION Recreation program fees are established at amounts to recover costs, as specified in the Parks and Recreation revenue policy. REFUNDS/CANCELLATIONS Recreation and Aquatics Programs: For all cancellations by the Citv of Spokane Valley ("City") of City Programs, participants who have submitted payment will receive a 100% refund via a mailed refund check; or: o Staff will do their best to transfer participants to another program if the option is available. • For unanticipated closures due to contamination inclement weather, maintenance issues, or poor air quality, staff will coordinate a make-up class or session or issue a credit at the daily rate of the cancelled class or session. Resolution 24-XXX 013 Fee Schedule for 2025 Page 13 of 19 • If available programs will be moved to alternate locations. Program refunds or credits will be issued if alternate program locations are unavailable. • For cancellations made by participants notice of the cancellation must be received by the City at least 7 days before the program start date Cancellations must be received in writing to parksandrec(a&pokanevalleywa.gov and/or by phone at 509-720-5200. o If notification of program cancellation is received 7 or more days prior to the program start date and the participant has submitted payment then a full refund of the amount paid shall be given via a mailed refund check. o If notification of program cancellation is received less than 7 dasprior to the program start date and the participant has submitted payment then a 50% refund of the amount paid shall be given via a mailed refund check. o If the program mot can be filled by another participant before the program start date a full refund of the amount paid will be given via a mailed refund check. o If notification of program cancellation is received after the program has begun, no refund shall be ig yen. Park Reservations: • For all cancellations of Park Reservations made by the City, customers will receive a 100% refund via a mailed refund check. • Cancellations made by customers must be received in writing to parksandrec a pokanevalleywa.gov and/or by phone at 509-720-5200. o If notification of cancellation is received 2 or more weeks prior to the reservation date, a 100% refund shall be given via a mailed refund check. o If notification of cancellation is received less than 2 weeks prior to the reservation date, no refund shall be given. o If the park reservation spot can be filled by another customer before the reservation date a 50% refimd will be given via a mailed refund check Resolution 24-XXX013 Fee Schedule for 2025 Page 14 of 19 Schedule D — Administration COPY FEE Paper copies up to 11"x17" (b/w or color) $0.15 per page* Paper copies larger than 11"x17" (b/w or color) $0.87 per square foot* Scanned copies of paper records $0.10 per page Electronics records uploaded to email, cloud -based storage, CD/DVD, or flash drive $0.05 per every 4 electronic files or attachments* Records transmitted in electronic format $0.10 per GB* Digital Storage Media Device (CD/DVD, flash drive) Actual Cost* Envelope Actual Cost* Postage Actual Cost* Records sent to outside vendor for reproduction Actual Cost* Customized Service Charge - When the request would require the use of IT expertise to prepare data compilations or when such customized access services are not used by the agency for other business purposes, the agency may charge the actual cost. The agency must notify the requestor that it will be doing a customized service and can require a 10 percent deposit.* *It is the intent of the City of Spokane Valley to recover the cost of providing public records when the total cost, including but not limited to the per -page, device, envelope, or postage costs, amounts to $5.00 or more. Copy charges above may be combined to the extent more than one type of charge applies to copies responsive to a particular request. When combining fees associated with the request, the City will determine the total cost and charge accordingly. Copy charges are assessed for each installment of records provided to the requestor. A deposit of 10% may be required on public record requests. NSF CHECK RETURN FEE CREDIT CARD TRANSACTION PROCESSING FEE Applies to all City fees paid by credit card/debit card except for those fees under Schedule F — Police Fees (amount of the alarm fee is intended to cover the total cost of administering the false alarm program, including, but not limited to, payment processing fees). Credit card transaction processing fees are non-refundable. $26.00 2.5% of transaction amount Resolution 24-XXX 013 Fee Schedule for 2025 Page 15 of 19 Schedule E — Other Fees BUSINESS REGISTRATION Business Registration $25.00 annual Nonprofit Registration $10.00 annual Out -of -City Business Registration with annual revenues equal to or less than $2,000 (SVMC 5.05.020(D)) $0.00 Adult Entertainment* Establishment License, Live Adult Entertainment $1,575.00 Establishment License, Adult Arcade $1,1575.00 Adult Arcade Device License $157.00 Manager License $157.00 Entertainer License $157.00 Late Adult Entertainment License Fee* (charged in addition to the license fee) 7 to 30 calendar days past due 25% of license fee 31 to 60 calendar days past due 50% of license fee 61 and more calendar days past due 75% of license fee Appeal of Administrative Determination — Adult Entertainment License* Adult Entertainment License denial, suspension or revocation pursuant to SVMC 5.10 $1,050.00 *Delegation of Authority from City Manager to the Spokane County Sherriff's Office to act as the Licensing Administrator for the purposes of administering and enforcing Chapter 5.20 SVMC. Tow Operator Registration Fee $105.00 annual Schedule F — Police Fees FALSE ALARM RECOVERY FEE $65 per incident Amount of the fee is intended to cover the total cost of administering the false alarm program, including, but not limited to, payment processing fees. Resolution 24 XXX 013 Fee Schedule for 2025 Page 16 of 19 Schedule G — Transportation Impact Fees SOUTH BARKER CORRIDOR TRANSPORTATION IMPACT FEE SCHEDULE Pursuant to chapter 22.100 SVMC and the adopted South Barker Corridor Study and South Barker Corridor Transportation Impact Fee Rate Study, the following fees are the transportation impact fees applicable within the South Barker Corridor area identified in the South Barker Corridor Transportation Impact Fee Rate Study. Base Rate = $1,153 per PM Peak Trip Land Use Group ITE Code ITE Land Use Category Impaet Fee Per Unit 210 Single Family & Duplex $1,084 per dwelling unit Residential 220 Multi -Family (Low -Rise) - Not Close to Rail $588 per dwelling unit Transit 310 Hotel (3 or More Levels) $680 per room Services 492 Health Club $3.98 per sq ft 912 Bank $15.74 1 per sq ft 520 Elementary School $2,052 per employee Institution 522 Middle School $2,236 per employee 525 High School $1,856 per employee 975 Drinking Establishment $7.46 per sq ft Restaurant 934 Fast Food Restaurant (with drive-thru) $17.13 per sq ft 938 Coffee Shop with Drive-Thru no indoor seating) $1,912 1 per drive-thru lane 820 Shopping Center $2.78 per sq ft Retail 841 Automobile Sales - Used/New $4.32 per sq ft 1 945 Convenience Store/Gas Station-GFA(4-5.5k) $8,921 per pump 110 Light Industry/High Technology $0.75 per sq ft 140 Manufacturing $0.85 per sq ft Industrial 150 Warehousing $0.21 per sq ft 151 Mini -Storage $19.37 per storage unit 710 General Office $1.66 per sq ft Office 720 Medical Office / Clinic $4.53 per sq ft 750 Office Park 1 $1.50 1 per sq ft ITE Trip Generation manual, I Ith Edition "sq tt" means square foot. "pump" means vehicle servicing position / gas pump. "room" means available hotel room. Pursuant to chapter 22.100 SVMC, transportation impact fees for uses not listed in the rate table shall be based on (1) the most similar land use category identified in the table, or (2) the base rate and the most similar land use category identified in ITE Trip Generation Manual, as documented by a trip generation and distribution letter in accordance with Section 3.2 of the Spokane Valley Street Standards. Resolution 24-XXX 013 Fee Schedule for 2025 Page 17 of 19 MIRABEAU SUBAREA TRANSPORTATION IMPACT FEE SCHEDULE Pursuant to chapter 22.100 SVMC and the adopted Mirabeau and North Pines Road Subarea Transportation Impact Fee Rate Study, the following fees are the transportation impact fees applicable within the Mirabeau subarea identified in the Rate Study. Base Rate = $698 per PM Peak Trip Land Use Group ITE Code ITE Land Use Category Impact Fee Per Unit 210 Single Family & Duplex $657 per dwelling unit Residential 220 Multi -Family (Low -Rise) - Not Close to Rail $356 per dwelling unit Transit 310 Hotel (3 or More Levels) $412 per room Services 492 Health Club $2.41 per sq ft 912 Bank $9.54 1 per sq ft 520 Elementary School $1,243 per employee Institution 522 Middle School $1,355 per employee 525 High School $1,125 per employee 975 Drinking Establishment $4.52 per sq ft Restaurant 934 Fast Food Restaurant (with drive-thru) $10.38 per sq ft 938 Coffee Shop with Drive-Thru (no indoor seating) $1,159 1 per drive-thru lane 820 Shopping Center $1.69 per sq ft Retail 841 Automobile Sales - Used/New $2.62 1 per sq ft 945 Convenience Store/Gas Station-GFA(4-5.5k) $5,405 per pump 110 Light Industry/High Technology $0.45 per sq ft 140 Manufacturing $0.52 per sq ft Industrial 150 Warehousing $0.13 per sq ft 151 Mini -Storage $11.73 per storage unit 710 General Office $1.01 per sq ft Office 720 Medical Office / Clinic $2.75 per sq ft 750 Office Park $0.91 1 er sq ft ITE Trip Generation manual, I lth Edition "sq ft" means square foot. "pump" means vehicle servicing position / gas pump. "room" means available hotel room. Pursuant to chapter 22.100 SVMC, transportation impact fees for uses not listed in the rate table shall be based on (1) the most similar land use category identified in the table, or (2) the base rate and the most similar land use category identified in ITE Trip Generation Manual, as documented by a trip generation and distribution letter in accordance with Section 3.2 of the Spokane Valley Street Standards. Resolution 24-XXX 013 Fee Schedule for 2025 Page 18 of 19 NORTH PINES ROAD SUBAREA TRANSPORTATION IMPACT FEE SCHEDULE Pursuant to chapter 22.100 SVMC and the adopted Mir•abeau and North Pines Road Subarea Transportation Impact Fee Rate Study, the following fees are the transportation impact fees applicable within the North Pines Road subarea identified in the Rate Study. Base Rate = $2,195 per PM Peak Trip ITE Code ITE Land Use Category IMPaet Fee Per Unit _LandUseGroup 210 Single Family & Duplex $2,063 per dwelling unit Residential 220 Multi -Family (Low -Rise) - Not Close to Rail $1,119 per dwelling unit Transit 310 Hotel (3 or More Levels) $1,295 per room Services 492 Health Club $7.57 per sq ft 912 Bank $29.97 per sq ft 520 Elementary School $3,906 per employee Institution 522 Middle School $4,258 per employee 525 High School $3,533 per employee 975 Drinking Establishment $14.21 per sq ft Restaurant 934 Fast Food Restaurant (with drive-thru) $32.62 per sq ft 938 Coffee Shop with Drive-Thru (no indoor seating) $3,640 per drive-thru lane 820 Shopping Center $5.30 per sq ft Retail 841 Automobile Sales - Used/New $8.23 per sq ft 945 Convenience Store/Gas Station -GFA 4-5.5k $16,983 per pump 110 Light Industry/High Technology $1.43 per sq ft 140 Manufacturing $1.62 per sq ft Industrial 150 Warehousing $0.40 per sq ft 151 Mini -Storage $36.87 1 per storage unit 710 General Office $3.16 per sq ft Office 720 Medical Office / Clinic $8.62 per sq ft 750 Office Park $2.85 per sq ft ITE Trip Generation manual, 11 th Edition "sq ft" means square foot. "pump" means vehicle servicing position / gas pump. "room" means available hotel room. Pursuant to chapter 22.100 SVMC, transportation impact fees for uses not listed in the rate table shall be based on (1) the most similar land use category identified in the table, or (2) the base rate and the most similar land use category identified in ITE Trip Generation Manual, as documented by a trip generation and distribution letter in accordance with Section 3.2 of the Spokane Valley Street Standards. Resolution 24-XX-013 Fee Schedule for 2025 Page 19 of 19 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO.24-013 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING RESOLUTION 23-013, AND APPROVING THE 2025 MASTER FEE SCHEDULE, AND OTHER MATTERS RELATING THERETO. WHEREAS, it is the general policy of the City to establish fees that are reflective of the cost of services provided by the City; and WHEREAS, the City uses a resolution to establish the schedule of fees for City programs, permits and services, and periodically the fee resolution and fee schedule must be amended to incorporate new or modified services; and WHEREAS, Council desires to approve the resolution and accompanying fee schedule. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Adoption. The Master Fee Schedule is hereby adopted as provided herein and as shown and incorporated in the attached schedules. Section 2. Repeal. Resolution 23-013 is hereby repealed in its entirety. Section 3. Effective Date. This Resolution shall be in full force and effect January 1, 2025. Approved this 17" Day of December, 2024. I:11�1�1 �iyl CITY OF SPOKANE VALLEY Marci Patterson, City Clerk Pam Haley, Mayor Approved as to form: Office of the City Attorney Resolution 24-013 Fee Schedule for 2025 Page 1 of 19 MASTER FEE SCHEDULE Fee Schedule Page No. Schedule A: Planning Schedule B: Building/Engineering Schedule C: Parks and Recreation 11 Schedule D: Administrative 15 Schedule E: Other Fees 16 Schedule F: Police Fees 16 Schedule G: Transportation Impact Fees 17 Resolution 24-013 Fee Schedule for 2025 Page 2 of 19 MASTER FEE SCHEDULE Schedule A — Planning Automatic Annual Adjustment Unless otherwise specifically amended, Schedule A of this Master Fee Schedule shall be reviewed and automatically adjusted annually to reflect (80%) of any change from September to September of the Consumer Price Index for All Urban Consumers (CPI-U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics, or other comparable index if not published. In no event shall the cumulative change in rates or charges be more than four percent (4%) per year. Unit prices shall be rounded to the nearest dollar. The automatic adjustment shall be effective January 1 of each year. No other fee schedules shall be affected by such automatic adjustment. FEE AMOUNT AMENDMENTS Comprehensive Plan Amendment $2,835.00 Zoning or other code text amendment $2,835.00 APPEALS Appeal of Administrative Decision $850.00 Appeal of Hearing Examiner Findings $1,135.00 Transcript/record deposit on Appeals of Hearing Examiner Decisions $178.00 Appeal of Administrative Decision - Code Enforcement Final Decision pursuant to chapter 17.100 SVMC $567.00 unless otherwise waived pursuant to SVMC 17.110 ENVIRONMENTAL REVIEW STATE ENVIRONMENTAL POLICY ACT (SEPA Single Dwelling (when required) $317.00 All other developments $398.00 Environmental Impact Statement (EIS) Review, minimum deposit $2,495.00 Addenda of existing EIS Review $398.00 SHORELINE Substantial Development Permit - under $50K $1,135.00 Substantial Development Permit - over $50K $1,815.00 Shoreline Exemption $680.00 CRITICAL AREAS Floodplain Permit not associated with a subdivision $567.00 Floodplain Permit associated with a subdivision $567.00+ $59.00 per lot LAND USE ACTIONS SUBDIVISIONS Preliminary plat $2,835.00 + $46.00 per lot Final Plat $1,615.00+ $10.00 per lot Time extensions — file review and letter $567.00 Resolution 24-013 Fee Schedule for 2025 Page 3 of 19 ► :190489WIN Preliminary 2 to 4 lots $2,267.00 Final plat 2 to 4 lots $1,360.00 Preliminary plat 5 to 9 lots $2,267.00+ $28.00 per lot Final plat 5 to 9 lots $1,474.00 + $28.00 per lot Time extensions — file review and letter $567.00 PLAT ALTERATION Subdivision plat $1,360.00 Short plat $850.00 PLAT VACATION $1672.00 BINDING SITE PLAN Binding site plan alteration $2,267.00 Change of Conditions $2,267.00 Preliminary binding site plan $2,267.00 Creating lots within final binding site plan via Record of Survey $1,701.00 Final Binding Site Plan $2,267.00 AGGREGATION/SEGREGATION Lot line adjustment $283.00 Lot line elimination $227.00 Zero lot line $227.00 + $10.00 per lot OTHER PLANNING Administrative Exception $567.00 Variance $1,787.00 Administrative Interpretations $398.00 Home Occupation Permit $113.00 Accessory Dwelling Units (ADU) $340.00 Conditional Use Permit $1,815.00 Temporary Use Permit $567.00 Small Cell Permit Application $567.00 for up to five sites + $113.00 per additional site Hourly Rate for City Employees $69.00 Document Recording Service by Staff Hourly Street Vacation Application $1,549.00 Pre -application Meetings $283.00* *Fee shall be deducted from land use application, building or commercial permit fees when application is filed within one year of pre -application meeting. ZONING map amendments (rezone)* $3,970.00 Planned residential development plan $2,267.00 + $29.00 per lot Planned residential development modification $596.00 Zoning letter $23 8.00 *If rezone is combined with other action(s), cost of other action(s) is additional Resolution 24-013 Fee Schedule for 2025 Page 4 of 19 Schedule B — Building Automatic Annual Adjustment Unless otherwise specifically amended, Schedule B of this Master Fee Schedule shall be reviewed and automatically adjusted annually to reflect (80%) of any change from September to September of the Consumer Price Index for All Urban Consumers (CPI-U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics, or other comparable index if not published. In no event shall the cumulative change in rates or charges be more than four percent (4%) per year. Unit prices shall be rounded to the nearest dollar. The automatic adjustment shall be effective January 1 of each year. Stormwater Utility Charges on Developed Parcels shall be reviewed and automatically adjusted annually to reflect any change from September to September of the Consumer Price Index for All Urban Consumers (CPI- U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics, or other comparable index if not published. Unit prices shall be rounded to the nearest dollar. The automatic adjustment shall be effective January 1 of each year. Building permit fees shall not be included in the annual automatic adjustment because updates occur semi- annually through the International Code Council (ICC) published updates. No other fee schedules shall be affected by such automatic adjustment. Fee Payment Plan review fees are collected at the time of application. Such fees may be adjusted during plan review. Overages or under payments shall be appropriately adjusted at the time of permit issuance. Plan review fees are separate from and additional to building permit fees. Permit fees and any other unpaid fees shall be collected prior to issuance of the permit. Fees for outside professional services required during the permit process shall be paid by the applicant. Examples of outside professional services include review by contract reviewers, special inspection or construction services, consultant services for special topics, surveying or other services required to determine compliance with applicable codes. Fee Refund Policy. Refunds authorized under this policy apply to Schedule A and B. PLAN REVIEW FEES • Plan review fees are non-refundable once any plan review work has been started. • Paid plan review fees may be refunded when an eligible request is received in writing. • At a minimum, a $69.00 administrative fee shall be retained. • If the paid plan review fee is less than $69.00, no refund is authorized. • If the paid plan review fee is more than $69.00, the amount for refund shall be calculated at the rate of 100% of the paid plan review fee minus $69.00. PERMIT FEES • Permit fees are non-refundable once work authorized by the permit has begun. • Paid permit fees may be refunded when an eligible request is received in writing. • At a minimum, a $69.00 administrative fee will be retained when fees are refunded. • If the paid permit fee is less than $69.00, no refund is authorized. • If the paid permit fee is more than $69.00, the refund shall be calculated at the rate of 95% of the paid permit fee minus $69.00. For any application taken or permit issued in error, a frill refund of fees paid shall be made. No portion of the paid fees shall be retained. Resolution 24-013 Fee Schedule for 2025 Page 5 of 19 FEES _N091, _. Hourly Rate for City Employees $69.00 Overtime rate for City Employees (1.5 times regular rate) $104.00 Investigation fee: Work commenced without required permits Equal to permit fee Working beyond the scope of work $170.00 Replacement of lost permit documents Hourly rate; 1 hour minimum Revisions to plans requested by the applicant or permit holder shall be charged the hourly rate with a minimum of one hour. Revised plans submitted in response to reviewer correction letters are not subject to the hourly assessment. Washington State Building Code Council Surcharge (WSBCC) — see the Washington State Building Code Council website for fees. BUILDING PERMIT: Building permit fees for each project are set by the following fees. The figures below shall be used to determine the building permit fees and plans check fees based on the value of the construction work as stated by the applicant or the value calculated by the Building Official using the latest valuation data published in the Building Safety Journal by the International Code Council, whichever value is greater. Valuations not listed in the Building Safety Journal: Building Type Valuation Per Square Foot Residential garages/storage buildings (wood frame) $22.00 Residential garages (masonry) $25.00 Miscellaneous residential pole buildings $22.00 Residential carports, decks, porches $18.00 Building Permit Fee Calculation Total Valuation Building Permit Fee $1.00 to $25,000.00 $69.25 for first $2,000.00 + $14.00 for each additional $1,000.00 (or fraction thereof) Up to and including $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $391.25 for first $25,000 + $10.10 for each additional $1,000.00 (or fraction thereof) Up to and including $50,000.00 $643.75 for first $50,000.00 + $7.00 for each additional $1,000.00 (or fraction thereof) Up to and including $100,000.00 $993.75 for first $100,000 + $5.60 for each additional $1,000.00 (or fraction thereof) Up to and including $500,000.00 Resolution 24-013 Fee Schedule for 2025 Page 6 of 19 $500,001.00 to $1,000,000.00 $1,000,001 and up $3,233.75 for first $500,000.00 + $4.75 for each additional $1,000.00 (or fraction thereof) Up to and including $1,000,000.00 $5,608.75 for first $1,000,000.00 + $3.15 for each additional $1,000.00 (or fraction thereof) Plan Review Fee Calculation % of Building Permit Fee Plans review fee (general) 65% Plans review fee — Group R-3 occupancies (single family less than 7,999 sq. ft.) 40% Plans review fee — Group R-3 occupancies (single family 8,000 sq. ft. or more) 65% Plans review fee — Group U occupancies (sheds, barns, et.) 25% OTHER PERMITS: SITE PLAN REVIEW New Residential Home Site Plan Review Residential Accessory Structure Site Plan Review Commercial Site Plan Review DEMOLITION PERMIT Single Family Residence Commercial Building Garage or accessory building associated with residence or commercial building Foundation Only Building Permit: Swimming Pools, over 2 feet in depth Re -roof (no plan review charge unless submitted for review) Change of Use or Occupancy Classification Permit TEMPORARY CERTIFICATE OF OCCUPANCY Commercial or Multifamily Building Residential Building Manufactured Home (FAS) Placement Permit Permit or Application Expiration Extension Towers, elevated tanks, antennas $340.00 $90.00 $624.00 $53.00 flat fee $147.00 flat fee $24.00 flat fee 25% of building permit fee $69.00 + plumbing fees Based on Project Valuation Hourly $227.00 $170.00 $57.00 per section $69.00 Hourly SIGN PERMIT: Sign Permits are subject to the assessment of the WSBCC fee as noted in Schedule B "General" section and the following review fees. Sign Plan Review Fee $97.00 Wall Sign Permit $85.00 per sign (flat fee) Freestanding or Monument Sign Permit $113.00 per sign (flat fee) Resolution 24-013 Fee Schedule for 2025 Page 7 of 19 RIGHT-OF-WAY (ROW) PERMIT: A traffic plan and traffic plan review is required if more than 50% of the width of any street is closed or if a single arterial lane is closed. A minimum plan review fee of $69.00 (hourly rate for City employees) applies to all right-of-way permits that require a traffic plan. If additional staff time is required, it shall be charged at the hourly rate. Fees for outside professional services required during the permit process shall be paid by the applicant. Examples of outside professional services include review by contract reviewers, special inspection or construction services, consultant services for special topics, surveying or other services required to determine compliance with applicable codes. TYPES OF ROW Non -cut obstruction without clean up Non -cut obstruction with clean up Pavement cut obstruction, non -winter Pavement cut obstruction, winter Working without a permit Commercial Approach Permit Residential Approach Permit Multiple Use Permit — overhead Multiple Use Permit — underground Erosion/Sediment Control — Site Inspection Oversized Load Permit Fee Structure Transport Permit ENGINEERING PERMITS GRADING PERMIT: 100 cubic yards (cu yd) or less 101 to 1,000 cubic yards 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 to 200,000 cubic yards 200,000 or more cubic yards GRADING PLAN REVIEW FEE: 100 cubic yards (cu yd) or less 101 to 1,000 1,001 to 10,000 Resolution 24-013 Fee Schedule for 2025 $82.00 $125.00 $227.00 $238.00 100% Permit Fee $85.00 $79.00 $125.00 per 1/4 mile $737.00 per 1/4 mile $113.00 $85.00 $170.00 per section $28.00 $28.00 for first 100 cu yd. + $7.00 each additional 100 cu yd $141.00 for first 1,000 cu yd + $10.00 each additional 1,000 cu yd $255.00 for first 10,000 cu yd+ $39.00 each additional 10,000 cu yd $596.00 for first 100,000 cu yd + $28.00 each additional 10,000 cu yd $709.00 for first 200,000 cu yd + $28.00 for each additional 10,000 cu yd $23.00 $28.00 $39.00 Page 8 of 19 10,001 to 100,000 $39.00 for first 10,000 cu yd + $28.00 each additional 10,000 cu yd 100,001 to 200,000 $198.00 for first 100,000 cu yd + $28.00 for each additional 10,000 cu yd 200,001 or more $709.00 for first 200, 000 cu yd +' $28.00 for each additional 10,000 cu yd Grubbing & Clearing Only (without earth being moved)$77.00Paving Permit (greater than 5,000 sq. ft. - new paving only) $299.00 OTHER ENGINEERING Design Deviation $170.00 STORMWATER UTILITY CHARGE ON DEVELOPED PARCELS: Each single-family unit $61.00 annual All other properties each $61.00 per 3,160 sq. ft impervious surface MECHANICAL PERMIT: Plan review fees for mechanical permits shall be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees shall be collected when the permit is issued. Mechanical Permit Fees A. BASIC FEES 1. Basic fee for issuing each Stand -Alone permit $42.00 2. Basic fee for each Supplemental permit $8.00 B. UNIT FEES (in addition to the basic fee) 1. Installation or relocation of Furnaces and suspended heaters a. up to and including 100,000 btu $15.00 b. over 100,000 btu $19.00 2. Duct work system $11.00 3. Heat pump and air conditioner a. 0 to 3 tons $15.00 b. over 3 tons to 15 tons $24.00 c. over 15 tons to 30 tons $29.00 d. over 30 tons to 50 tons $42.00 e. over 50 tons $72.00 4. Gas water heater $11.00 5. Gas piping system $1.00 per outlet 6. Gas log, fireplace, and gas insert installation $11.00 7. Appliance vents installation; relocation; replacement $10.00 each 8. Boilers, compressors, and absorption systems a. 0 to 3 hp - 100,000 btu or less $15.00 b. over 3 to 15 hp - 100,001 to 500,000 btu $24.00 c. over 15 - 30 hp - 500,001 to 1,000,000 btu $29.00 d. over 30 hp - 1,000,001 to 1,750,000 btu $42.00 e. over 50 hp - over 1,750,000 btu $72.00 9. Air Handlers a. each unit up to 10,000 cfm, including ducts $15.00 b. each unit over 10,000 cfm $19.00 10. Evaporative Coolers (other than portable) $11.00 Resolution 24-013 Fee Schedule for 2025 Page 9 of 19 11. Ventilation and Exhausts a. each fan connected to a single duct $11.00 b. each ventilation system $15.00 c. each hood served by mechanical exhaust $15.00 12. Incinerators a. residential installation or relocation $24.00 b. commercial installation or relocation $26.00 13. Unlisted appliances a. under 400,000 btu $59.00 b. 400,000 btu or over $119.00 14. Hood a. Type I $59.00 b. Type II $11.00 15. LP Storage Tank $11.00 16. Wood or Pellet Stove insert $11.00 17. Wood stove system - free standing $29.00 PLUMBING PERMIT: Plan review fees for plumbing permits shall be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees shall be collected when the permit is issued. A. BASIC FEES 1. Basic fee for issuing each Stand -Alone permit 2. Basic fee for each Supplemental permit $42.00 $8.00 B. UNIT FEES (in addition to the basic fee) 1. Each plumbing fixture on a trap $6.00 each (includes garbage disposals, dishwashers, backflow device, drainage, hot tubs, built-in water softener, water closets, lavatories, sinks, drains, etc.) 2. Water Heater $6.00 each 3. Industrial waste pretreatment interceptor $19.00 (includes its trap and vent, except kitchen type grease interceptors functioning as fixture traps.) 4. Repair or alteration of water piping, drainage or vent piping 5. Atmospheric type vacuum breaker 6. Backflow protective device other than atmospheric type vacuum breakers 7. Medical gas 8.Interceptors $6.00 each fixture $6.00 each $6.00 each $6.00 per outlet $6.00 each Resolution 24-013 Fee Schedule for 2025 Page 10 of 19 Schedule C — Parks and Recreation ADMINISTRATIVE FEES Basic fees to be considered when applying rates Administrative Fee $32.00 Refuse Fee $52.00 AQUATICS Pool admission (age 5 and under) free Pool admission (age older than 5) $1.00 Pool punch pass (25 swims) $20.00 Weekend family discount — 1 child under 13 free with paying adult At the discretion of the City Manager, the Parks and Recreation Department may on occasion offer free admission open swim days. Swimming Lessons $48.00 Swim Team Fee $75.00 Pool Rental (fewer than 100 people) $300.00 for 2-hr rental Pool Rental (10 1 -200 people) $400.00 for 2-hr rental Refundable Pool Damage Deposit $150.00 ALCOHOLIC BEVERAGE PERMIT $10.00 CENTERPLACE Conference Center Wing Auditorium (presentation system included) $79.00 per hour Auditorium (presentation system included) $475.00 per day Auditorium (presentation system included) $236.00 per half day Auditorium Refundable Damage Deposit $75.00 Executive Conference Room $52.00 per hour Executive Conference Room 11/2 day $156.00 per 4 hours Executive Conference Room full day rental $416.00 per day Executive Conference Room Refundable Damage Deposit $75.00 Meeting Room $42.00 per hour Meeting Room $263.00 per day Large Meeting Room $75.00 per hour Large Meeting Room $225.00 per half day Large Meeting Room $450.00 per 9 hr day Meeting Room $131.00 per half day Meeting Room Refundable Damage Deposit $75.00 , Portable Sound System $150.00 per event Bluetooth Speaker (includes hand-held or lapel microphone) $75.00 Platinum Package $500.00 per event Great Room Multi-use/Banquet Hall $105.00 per hour Multi-use/Banquet Hall — Wedding Reception — 10 hours $1,500.00 Resolution 24-013 Fee Schedule for 2025 Page 11 of 19 Multi-use/Banquet Hall $840.00 per 9 hr session Multi-use/Banquet Hall $1,575.00 all day (6 a.m.-1 a.m.) Small Dining Area $52.00 per hour Refundable Deposit $210.00 Refundable Deposit- Weddings $500.00 Table Settings (linens and tableware) $3.00 per place setting Pipe & Drape rental $100.00 per day Senior Center Wing Lounge with Dance Floor $105.00 per hour Lounge with Dance Floor - Wedding Reception - 8 hours $1,000.000 Refundable Lounge deposit $210.00 Refundable Lounge deposit - Weddings $500.00 Meeting room (evening use) $42.00 per hour Meeting room (evening use) $131.00 per 4 hr session Meeting room (weekend use) $262.00 per day Meeting room (weekend use) $131.00 per half day Meeting room deposit $75.00 West Lawn and CenterPlace Rental fee $3,500.00 per day West Lawn Wedding Ceremony - 2 hours (with CenterPlace Reception) $1,000.00 West Lawn Plaza - Wedding Reception - 10 hours $2,500.00 West Lawn Plaza Rental $2,000.00 per day - North Meadow additional $500.00 per day North Meadow Rental $1,000.00 per day West Lawn Plaza Rental - 1/2 day $1,000.00 - North Meadow additional $250.00 North Meadow Rental -'/2 Day $500.00 Outdoor Venue Refundable Damage Deposit $500.00 Miscellaneous Double -Set Wedding Ceremony with Reception $500.00 Self -Catered Event fee for groups bringing their own food in on Sundays • Groups in meeting rooms $75.00 • Groups in Fireside Lounge $210.00 • Groups in Great Room $500.00 Host/Hostess (after hours) $30.00 per hour Presentation System $262.00 per day (includes projector, podium, DVD/VCR sound system, camera system) Room Setup $30.00 per hour 85" TV with Crestron System $262.00 per hour Additional Microphones $25.00 each Technical Support $42.00 per hour LCD Projector/ Television $25.00 per hour LCD Projector/ Television $100.00 per day Linens Only $10.00 per table Glass only rental$0.50 per glassEasel Paper Pad $20.00 per pad Laptop Usage $50.00 per event Package Storage received two days before or after contracted event $5.00 per box per day Pallet Storage received two days before or after contracted event $50.00 per pallet per day Resolution 24-013 Fee Schedule for 2025 Page 12 of 19 Business Incentive Rental Policy — The Parks & Recreation Director has the authority to reduce the room rental rate by one hr. when the rental meets the following criteria: minimum of 25 participants; utilize a classroom at CenterPlace eight or more times per calendar year; and use in-house caterer for a meal each reservation. PICNIC SHELTER RESERVATION (For groups fewer than 200 people) Browns — large red (up to five hours) $100.00 Browns — small green (up to two hours) $40.00 Edgecliff (up to five hours) $100.00 Discovery Playground (up to two hours) $40.00 Greenacres — large (up to five hours) $100.00 Mirabeau Meadows (up to five hours) $100.00 Mirabeau Meadows — shelter and stage (up to five hours) $150.00 Mirabeau Springs — shelter and dock (up to two hours) $250.00 Sullivan (up to five hours) $100.00 Terrace View (up to five hours) $100.00 Valley Mission (up to five hours) $100.00 EVENT RESERVATION — include shelter (For groups of 200 or more people) Events include but are not limited to activities such as car shows, tournaments, or high -risk activities. The Parks and Recreation Director shall make the final determination. General fee (up to five hours): $175.00 Non-profit applications with proof of qualifying as a 501(c)(3) entity (up to five hours): $100.00 EVENT PHOTOS Mirabeau Springs shelter and dock $150.00 per hour REFUNDABLE FACILITY DAMAGE DEPOSIT Fewer than 200 people $75.00 Weddings, Special Events and events with 200 or more people $300.00 SPECIAL EVENTS (See Spokane Valley Municipal Code 5.15) Application Fee $50.00 RECREATION Recreation program fees are established at amounts to recover costs, as specified in the Parks and Recreation revenue policy. REFUNDS/CANCELLATIONS Recreation and Aquatics Programs: • For all cancellations by the City of Spokane Valley ("City") of City Programs, participants who have submitted payment will receive a 100% refund via a mailed refund check; or: o Staff will do their best to transfer participants to another program if the option is available. • For unanticipated closures due to contamination, inclement weather, maintenance issues, or poor air quality, staff will coordinate a make-up class or session or issue a credit at the daily rate of the cancelled class or session. • If available, programs will be moved to alternate locations. Program refunds or credits will be issued if alternate program locations are unavailable. Resolution 24-013 Fee Schedule for 2025 Page 13 of 19 For cancellations made by participants, notice of the cancellation must be received by the City at least 7 days before the program start date. Cancellations must be received in writing to parksandrec@Apokanevalleywa.goov and/or by phone at 509-720-5200. o If notification of program cancellation is received 7 or more days prior to the program start date and the participant has submitted payment, then a full refund of the amount paid shall be given via a mailed refund check. o If notification of program cancellation is received less than 7 days prior to the program start date and the participant has submitted payment, then a 50% refund of the amount paid shall be given via a mailed refund check. o If the program spot can be filled by another participant before the program start date, a full refund of the amount paid will be given via a mailed refund check. o If notification of program cancellation is received after the program has begun, no refund shall be given. Park Reservations: For all cancellations of Park Reservations made by the City, customers will receive a 100% refund via a mailed refund check. Cancellations made by customers nnrst be received in writing to parksandrec&pokanevalleytiva gov and/or by phone at 509-720-5200. o If notification of cancellation is received 2 or more weeks prior to the reservation date, a 100% refund shall be given via a mailed refund check. o If notification of cancellation is received less than 2 weeks prior to the reservation date, no refund shall be given. o If the park reservation spot can be filled by another customer before the reservation date, a 50% refund will be given via a mailed refund check Resolution 24-013 Fee Schedule for 2025 Page 14 of 19 Schedule D — Administration Paper copies up to 11 "x17" (b/w or color) $0.15 per page* Paper copies larger than 11 "x17" (b/w or color) $0.87 per square foot* Scanned copies of paper records $0.10 per page Electronics records uploaded to email, cloud -based storage, CD/DVD, or flash drive $0.05 per every 4 electronic files or attachments* Records transmitted in electronic format $0.10 per GB* Digital Storage Media Device (CD/DVD, flash drive) Actual Cost* Envelope Actual Cost* Postage Actual Cost* Records sent to outside vendor for reproduction Actual Cost* Customized Service Charge - When the request would require the use of IT expertise to prepare data compilations or when such customized access services are not used by the agency for other business purposes, the agency may charge the actual cost. The agency must notify the requestor that it will be doing a customized service and can require a 10 percent deposit.* *It is the intent of the City of Spokane Valley to recover the cost of providing public records when the total cost, including but not limited to the per -page, device, envelope, or postage costs, amounts to $5.00 or more. Copy charges above may be combined to the extent more than one type of charge applies to copies responsive to a particular request. When combining fees associated with the request, the City will determine the total cost and charge accordingly. Copy charges are assessed for each installment of records provided to the requestor. A deposit of 10% may be required on public record requests. NSF CHECK RETURN FEE CREDIT CARD TRANSACTION PROCESSING FEE Applies to all City fees paid by credit card/debit card except for those fees under Schedule F — Police Fees (amount of the alarm fee is intended to cover the total cost of administering the false alarm program, including, but not limited to, payment processing fees). Credit card transaction processing fees are non-refundable. $26.00 2.5% of transaction amount Resolution 24-013 Fee Schedule for 2025 Page 15 of 19 Schedule E — Other Fees BUSINESS REGISTRATION Business Registration $25.00 annual Nonprofit Registration $10.00 annual Out -of -City Business Registration with annual revenues equal to or less than $2,000 (SVMC 5.05.020(D)) $0.00 Adult Entertainment* Establishment License, Live Adult Entertainment $1,575.00 Establishment License, Adult Arcade $1,575.00 Adult Arcade Device License $157.00 Manager License $157.00 Entertainer License $157.00 Late Adult Entertainment License Fee* (charged in addition to the license fee) 7 to 30 calendar days past due 25% of license fee 31 to 60 calendar days past due 50% of license fee 61 and more calendar days past due 75% of license fee Appeal of Administrative Determination — Adult Entertainment License* Adult Entertainment License denial, suspension or revocation pursuant to SVMC 5.10 $1,050.00 *Delegation of Authority from City Manager to the Spokane County Sherriff's Office to act as the Licensing Administrator for the purposes of administering and enforcing Chapter 5.20 SVMC. Tow Operator Registration Fee $105.00 annual Schedule F — Police Fees FALSE ALARM RECOVERY FEE $65 per incident Amount of the fee is intended to cover the total cost of administering the false alarm program, including, but not limited to, payment processing fees. Resolution 24-013 Fee Schedule for 2025 Page 16 of 19 Schedule G — Transportation Impact Fees SOUTH BARKER CORRIDOR TRANSPORTATION IMPACT FEE SCHEDULE Pursuant to chapter 22.100 SVMC and the adopted South Barker Corridor Study and South Barker Corridor Transportation Impact Fee Rate Study, the following fees are the transportation impact fees applicable within the South Barker Corridor area identified in the South Barker Corridor Transportation Impact Fee Rate Study. Base Rate = $1,153 per PM Peak Trip Land Use Group ITE Code ITE Land Use Category Im act Fee Per Unit 210 Single Family & Duplex $1,084 per dwelling unit Residential 220 Multi -Family (Low -Rise) - Not Close to Rail $588 per dwelling unit Transit 310 Hotel (3 or More Levels) $680 per room Services 492 Health Club $3.98 per sq ft 912 Bank $15.74 1 per sq ft 520 Elementary School $2,052 per employee Institution 522 Middle School $2,236 per employee 525 High School $1,856 per employee 975 Drinking Establishment $7.46 per sq ft Restaurant 934 Fast Food Restaurant (with drive-thru) $17.13 per sq ft 938 Coffee Shop with Drive-Thru no indoor seating) $1,912 1 per drive-thru lane 820 Shopping Center $2.78 per sq ft Retail 841 Automobile Sales - Used/New $4.32 per sq ft 945 Convenience Store/Gas Station-GFA(4-5.5k) $8,921 per pump 110 Light Industry/High Technology $0.75 per sq ft Industrial 140 Manufacturing $0.85 per sq ft 150 Warehousing $0.21 per sq ft 151 Mini -Storage $19.37 1 per storage unit 710 General Office $1.66 per sq ft Office 720 Medical Office / Clinic $4.53 per sq ft 750 Office Park $1.50 per sq ft ITE Trip Generation manual, 1 ith Edition "sq ft" means square foot. "pump" means vehicle servicing position / gas pump. "room" means available hotel room. Pursuant to chapter 22.100 SVMC, transportation impact fees for uses not listed in the rate table shall be based on (1) the most similar land use category identified in the table, or (2) the base rate and the most similar land use category identified in ITE Trip Generation Manual, as documented by a trip generation and distribution letter in accordance with Section 3.2 of the Spokane Valley Street Standards. Resolution 24-013 Fee Schedule for 2025 Page 17 of 19 MI ABEAU SUBAREA TRANSPORTATION IMPACT FEE SCHEDULE Pursuant to chapter 22.100 SVMC and the adopted Mirabeau and North Pines Road Subarea Transportation Impact Fee Rate Study, the following fees are the transportation impact fees applicable within the Mirabeau subarea identified in the Rate Study. Base Rate = $698 per PM Peak Trip Land Use Group ITE Code ITE Land Use Category Impact Fee Per Unit 210 Single Family & Duplex $657 per dwelling unit Residential 220 Multi -Family (Low -Rise) - Not Close to Rail $356 per dwelling unit Transit 310 Hotel (3 or More Levels) $412 per room Services 492 Health Club $2.41 per sq ft 912 Bank $9.54 1 per sq ft 520 Elementary School $1,243 per employee Institution 522 Middle School $1,355 per employee 525 High School $1,125 per employee 975 Drinking Establishment $4.52 per sq ft Restaurant 934 Fast Food Restaurant (with drive-thru) $10.38 per sq ft 938 Coffee Shop with Drive-Thru (no indoor seating) $1,159 1 per drive-thru lane 820 Shopping Center $1.69 per sq ft Retail 841 Automobile Sales - Used/New $2.62 per sq ft 945 Convenience Store/Gas Station-GFA(4-5.5k) $5,405 per pump 110 Light Industry/High Technology $0.45 per sq ft Industrial 140 Manufacturing $0.52 per sq ft 150 Warehousing $0.13 per sq ft 151 Mini -Storage $11.73 1 per storage unit 710 General Office $1.01 per sq ft Office 720 Medical Office / Clinic $2.75 per sq ft 750 Office Park $0.91 per sq ft ITE Trip Generation manual, 1 Ith Edition "sq ft" means square foot. "pump" means vehicle servicing position / gas pump. "room" means available hotel room. Pursuant to chapter 22.100 SVMC, transportation impact fees for uses not listed in the rate table shall be based on (1) the most similar land use category identified in the table, or (2) the base rate and the most similar land use category identified in ITE Trip Generation Manual, as documented by a trip generation and distribution letter in accordance with Section 3.2 of the Spokane Valley Street Standards. Resolution 24-013 Fee Schedule for 2025 Page 18 of 19 NORTH PINES ROAD SUBAREA TRANSPORTATION IMPACT FEE SCHEDULE Pursuant to chapter 22.100 SVMC and the adopted Mirabeau and North Pines Road Subarea Transportation Impact Fee Rate Study, the following fees are the transportation impact fees applicable within the North Pines Road subarea identified in the Rate Study. Base Rate = $2,195 per PM Peak Trip Land Use Group ITE Code ITE Land Use Category Impact Fee Per Unit 210 Single Family & Duplex $2,063 per dwelling unit Residential 220 Multi -Family (Low -Rise) - Not Close to Rail $1,119 per dwelling unit Transit 310 Hotel (3 or More Levels) $1,295 per room Services 492 Health Club $7.57 per sq ft 912 Bank $29.97 per sq ft 520 Elementary School $3,906 per employee Institution 522 Middle School $4,258 per employee 525 High School $3,533 per employee 975 Drinking Establishment $14.21 per sq ft Restaurant 934 Fast Food Restaurant (with drive-thru) $32.62 per sq ft 938 Coffee Shop with Drive-Thru (no indoor seating) $3,640 per drive-thru lane 820 Shopping Center $5.30 per sq ft Retail 841 Automobile Sales - Used/New $8.23 per sq ft 945 Convenience Store/Gas Station-GFA(4-5.5k) $16,983 per pump 110 Light Industry/High Technology $1.43 per sq ft Industrial 140 Manufacturing $1.62 per sq ft 150 Warehousing $0.40 per sq ft 151 Mini -Storage $36.87 1 per storage unit 710 General Office $3.16 per sq ft Office 720 Medical Office / Clinic $8.62 per sq ft 750 Office Park $2.85 per sq ft ITE Trip Generation manual, I Ith Edition "sq ft" means square foot. "pump" means vehicle servicing position / gas pump. "room" means available hotel room. Pursuant to chapter 22.100 SVMC, transportation impact fees for uses not listed in the rate table shall be based on (1) the most similar land use category identified in the table, or (2) the base rate and the most similar land use category identified in ITE Trip Generation Manual, as documented by a trip generation and distribution letter in accordance with Section 3.2 of the Spokane Valley Street Standards. Resolution 24-013 Fee Schedule for 2025 Page 19 of 19 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 city's Tier 1 and 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 (EUlt) 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 on the costs for cities to comply with the state's Clean Building Performance Standard. 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 auditor selected must be a qualified energy auditor, per Commerce's specifications 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 ❑ information ❑ admin. report ❑ pending legislation ❑ executive 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 PARKS' 'RECREATION 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 Department as "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 35 and 35A RCW, 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 to summarize 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. 04 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. 19 C. Modification. Except as specifically denoted elsewhere in this Agreement, no modification or amendment to this Agreement shall be valid until put in writing and 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 orjudicial 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 Agreement to be executed on the date and year set forth herein. Dated this day of CITY OF SPOKANE PARKS AND RECREATION By Director of Parks and Recreation Attest: By City Clerk Approved as to Form: By Assistant City Attorney , 2025. CITY OF SPOKANE VALLEY By City Manager Attest: By City Clerk Approved as to Form: By Office of the City Attorney M24-264 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 — 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 for costs of administration of 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 70A205 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 to continue providing solid waste transfer, transport, and disposal services through a contract with a private provider; and WHEREAS, the Contractor, Sunshine Disposal & Recycling will 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 1 DEFINITIONS 1.1 Defined Terms. All capitalized terms utilized in this Agreement are intended to have the meaning defined in this Article 1 whether or not the term is defined prior to its use in this Agreement. The following definitions shall apply to the entirety of this Agreement unless it is clear from the context that another definition applies. 1.2 Definitions. "Acceptable Waste" means all Solid Waste excluding Recyclables, Organics, C&D Waste, and Unacceptable Waste. Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 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 Urban Consumers (CPI- U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics (`BLS"). The Parties may refer to the BLS Internet Site or other BLS source to determine the applicable CPI Index. "Contractor" means Sunshine Recyclers, Inc., dba Sunshine Disposal & Recycling and all successors and assigns. "Customer Service Plan" means the plan established by the Contractor to direct customer service standards, goals, and plans for implementing new procedures in response to customer service issues and complaints, as provided in Section 3.11. "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 Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 2 of 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 such notice. "MRW" means moderate risk Solid Waste that is hazardous and produced by households, businesses, and institutions, but is exempt from regulation under chapter 70A.300 RCW because it is generated in quantities below the thresholds set forth in chapter 70A.300 RCW and associated regulations as currently adopted and as hereafter amended. MRW refers to both "hazardous household waste" and "conditionally exempt small quantity generator waste". "Organics" means all Source -Separated Yard Waste and Food Scraps separately or combined. "Recyclables" means those Solid Wastes that are Source -Separated for recycling or reuse, such as papers, plastics, metals and glass, which are identified as recyclable material pursuant to 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 Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 3 of 44 "Surety" means the surety required pursuant to Section 3.18 to guarantee performance of the Solid Waste Services under this Agreement. "Transfer Facility" means the total of all facilities at one or more locations located within the City's boundaries that are operated by the Contractor to accept and process Solid Waste under this Agreement. "Transfer Services" means those services provided by the Contractor under this Agreement to collect and process Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste from Designated Haulers and Self Haulers at a Transfer Facility so that such Acceptable Waste, Recyclables, Organics, C&D Waste, 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 national supply chain disruptions, severe floods, strikes reasonably beyond the control of either Party, or other similar events that directly affect the ability of either Party to provide the Solid Waste Services as contemplated herein. Typical snow, ice, and flooding conditions that affect road conditions, rail conditions, or the operations of the Transfer Facility or Disposal Facility shall not be considered Uncontrollable Circumstances, provided that such conditions do not make the roads and rail impassable or the Transfer Facility or Disposal Facility inaccessible. 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 Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 4 of 44 ARTICLE 2 REPRESENTATIONS AND WARRANTIES 2.1 Representations, Warranties, and Covenants of the Contractor. The Contractor covenants, represents and warrants to and for the benefit of the City, unless otherwise expressly specified, that as of the date of this Agreement and throughout its term: A. Organization of the Contractor. The Contractor is a duly organized and validly existing corporation under the laws of the State of Washington and Contractor is in good standing under the laws of the State of Washington and prior to the commencement of services under this Agreement will be in good standing with and duly licensed to do business in the State of Washington and the states in which any Transfer Facility and any Disposal Facility are located. B. Subcontractors Duly Licensed. The Contractor hereby agrees and covenants that it shall not hire, employ, or contract with any subcontractor for the provision of any part of the Solid Waste Services under this Agreement unless such subcontractor is duly organized and validly existing under the laws of the state in which it is incorporated or created, and it is duly licensed to do business in the State of Washington and in the states in which it is providing the Solid Waste Services on behalf of Contractor. C. The Contractor's Power to Execute. The Contractor has full legal right, power and authority to execute, deliver, and perform its obligations under this Agreement, and has duly authorized the execution and delivery of this Agreement. This Agreement has been duly executed and delivered by the Contractor and constitutes a legal, valid and binding obligation of the Contractor enforceable against the Contractor in accordance with its terms except as such may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws affecting creditors' rights generally, the exercise of judicial discretion in granting or denying equitable relief, the principles of commercial reasonableness, good faith and fair dealing, waiver, estoppels and unconscionability and by general equitable principles. D. No Violations or Conflicts. To the best of the Contractor's knowledge, neither the execution nor delivery by the Contractor of this Agreement, the performance by the Contractor of its obligations hereunder, nor the fulfillment by the Contractor of the terms and conditions hereof: 1. Conflicts with, violates or results in a breach of any applicable law, ordinance, permit, approval, governmental approval or regulation; or 2. Conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or any agreement or instrument to which the Contractor is a parry or by which the Contractor or any of its properties or assets are bound, or constitutes a default thereunder. E. Unethical Conduct. The Contractor has not engaged in any type of unethical conduct including, without limitation, collusion, the rigging of proposals, offers or other responses or the submission of a proposal, offer or other response which is intentionally high or noncompetitive for the purpose of giving the appearance of competition. F. No Conditions Precedent to Execution. No approval, authorization, license, permit, order or consent of, or declaration, registration or filing with any governmental or administrative authority, commission, board, agency or instrumentality is required for the valid execution and delivery of this Agreement by the Contractor. Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 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 and responsibilities under this Agreement, and the Contractor shall deliver to the City, upon its request, proof satisfactory to the City of such ownership, lease or contractual rights. 2. During the term of this Agreement, Contractor shall own, lease, or maintain ongoing binding and enforceable contractual rights to use all facilities and equipment necessary or appropriate for the Contractor to fulfill its duties and responsibilities under this Agreement, and the Contractor shall deliver to the City, upon its request, proof satisfactory to the City of such ownership, lease or contractual rights. L 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, as of the date of this Agreement, remains true and accurate. J. No Change in Financial Condition. There has been no material adverse change in the Contractor's financial condition since the issuance date of the bank commitment letter submitted by the Contractor to the City. K. Contractor is Experienced. The Contractor is fully experienced in each of the areas under which it will have duties and obligations under this Agreement and has adequate personnel and experience to fully, properly and satisfactorily discharge its duties and obligations under this Agreement. The City is specifically relying on representations from the Contractor that it has the skill, experience and means to provide the services set forth in this Agreement. L. Proceedings Against the Contractor. As of the date of this Agreement there is not and shall not be any action, suit, proceeding or, to the best of the Contractor's knowledge, investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or, to the best of the Contractor's knowledge, threatened, against the Contractor, wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially or adversely affect the performance by the Contractor of its obligations hereunder or which, in any way, would adversely affect the validity or enforceability of this Agreement or any other agreement or instrument entered into by the Contractor in connection with this Agreement. M. Provision of Solid Waste Services. The Contractor has the ability to and will inspect, accept, process, transfer, transport, dispose of, recycle, and compost all Acceptable Waste, Recyclables, Organics, C&D Waste, 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 Facility and fixtures, Transfer Services equipment, and Transport equipment are currently and will continue to be, either through maintenance or improvements as necessary, of Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 6 of 44 sufficient size, capacity, and number for the purposes of providing all Services required by and for the duration of this Agreement. 2.2 Representations, Warranties. and Covenants of the City. The City covenants, represents and warrants to and for the benefit of the Contractor, unless otherwise expressly specified, that as of the date of this Agreement and throughout its term: A. Organization of City. The City is a non -charter code city duly organized and validly existing under the Constitution and laws of the State of Washington, with full legal right, power, and authority to enter into, execute, and deliver this Agreement, and perform its obligations under this Agreement. B. City's Authority to Execute. The City has duly authorized the execution and delivery of this Agreement and this Agreement has been duly executed and delivered by it and constitutes a legal, valid and binding obligation of the City enforceable against the City in accordance with its terms except as such may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws affecting creditors' rights generally, the exercise of judicial discretion in granting or denying equitable relief, the principles of commercial reasonableness, good faith and fair dealing, waiver, estoppels and unconscionability and by general equitable principles. C. No Violations or Conflicts. To the best of the City's knowledge, neither the execution nor delivery by the City of this Agreement, the performance by the City of its obligations hereunder, nor the fulfillment by the City of the terms and conditions hereof: 1. Conflicts with, violates or results in a breach of any applicable law, ordinance, permit, approval, governmental approval or regulation; or 2. Conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or any agreement or instrument to which the City is a party or by which the City or any of its properties or assets are bound, or constitutes a default thereunder. D. No Conditions Precedent to Execution. No approval, authorization, license, permit, order or consent of, process, procedure, or declaration, registration or filing with any governmental or administrative authority, commission, board, agency or instrumentality is required for the valid execution and delivery of this Agreement by the City, except: approval and authorization from the City Council is necessary to execute this Agreement. E. Proceedings Against the City. As of the date of this Agreement, there is not and shall not be any action, suit, proceeding or, to the best of the City's knowledge, investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or, to the best of the City's knowledge, threatened, against the City, wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially or adversely affect the performance by the City of its obligations hereunder or which, in any way, would adversely affect the validity or enforceability of this Agreement or any other agreement or instrument entered into by the City in connection with this Agreement. F. Contractor as Sole Provider. 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 Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 7 of 44 the term of this Agreement in order to ensure there is no interruption of services after the completion of the term of this Agreement; provided that any such entity shall not commence providing services until the term of this Agreement is completed and this Agreement is terminated as provided herein. Nothing herein shall modify the City's rights of termination or remedies in the event of a default under Article 11. 2.3 Independent Representations and Warranties. The covenants, representations and warranties described in this Article are not exclusive and shall not be construed to exclude or limit those required elsewhere in this Agreement or to modify, limit or lessen in any way, any rights or remedies that either Party may have against the other or the Surety provider. ARTICLE 3 CONTRACTOR RESPONSIBILITIES 3.1 Provide Transfer Services. During the term of this Agreement, the Contractor shall be responsible for and shall provide Transfer Services for Self Haulers and the Designated Haulers at the Transfer Facility. The Transfer Facility shall be identified on Exhibit "A". Transfer Services shall include, but are not limited to the following facilities, services, requirements, and conditions: A. Acceptable Waste. The Transfer Facility shall be at all times during the term of this Agreement 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 the current size 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 commercially use Acceptable Waste and C&D Waste delivered to the Transfer Facility; provided any separation activities shall not cause unreasonable delay or disruption of delivery and acceptance of Solid Waste at the Transfer Facility. C. Special Waste. Contractor shall make all reasonable efforts to accept and process Special Waste; provided, Contractor may make additional charges for, or fix new or additional rates for the handling or disposal of Special Waste. In the event that applicable legal requirements or excessive cost of processing would preclude Contractor from reasonably processing Special Waste, Contractor may reject such Special Waste. D. No Delay of Services. The Contractor, at its sole direction and expense, shall keep or shall ensure that the Transfer Facility and Transfer Services equipment are in good working order and repair so as to provide Transfer Services without interruption or unreasonable delay of Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 8 of 44 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 3.5 below, 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. 3.2 Screening for Unacceptable Waste. A. Screening. The Contractor shall not be required to receive, handle, transport, or dispose of any Unacceptable Waste. The Contractor shall establish and maintain appropriate equipment and a program of operating, monitoring, inspecting, and screening procedures for the Transfer Facility to prevent the receipt, handling, shipping or disposal of Unacceptable Waste. The Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 9 of 44 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. 3.3 Provide 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. 3.4 Provide Disposal Services. A. Acceptable Waste and Special Waste. The Contractor shall be responsible for and shall provide Disposal Services for all Acceptable Waste and accepted Special Waste at a Disposal Facility permitted to accept such waste in compliance with all federal, state, and local regulations. The Contractor may utilize any lawful means for providing Disposal Services, including contracting for use of a third -party Disposal Facility. The Disposal Facility or facilities shall be initially identified on Exhibit "A". The Contractor, at its sole direction and expense, shall ensure that Disposal Services are provided without interruption or unreasonable delay except to the extent such interruption or delay arises from Uncontrollable Circumstances. B. Recyclables, Organics, C&D Waste, and MRW. As part of its provision of Disposal Services, Contractor shall recycle all Recyclables, compost all Organics, and dispose all C&D Waste and MRW in accordance with applicable federal, state, and local laws. The Contractor shall ensure that all Source -Separated and co -mingled Recyclables delivered to and accepted at the Transfer Facility are recycled and all Source -Separated Organics delivered to and accepted at the Transfer Facility are composted and are not disposed of as Acceptable Waste, unless otherwise approved by the City in writing, which approval shall not be unreasonably withheld, conditioned or delayed unless such approval were to contradict relevant laws and regulations. The Contractor shall identify to the City in writing all facilities used to recycle Recyclables, compost Organics, and dispose of C&D Waste, and MRW. C. Contamination. In the event that Recyclables 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 identified by 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 Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 10 of 44 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. 3.5 Addressing 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 population within the City or Solid Waste generated 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 growth within the City may 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 occurs from 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 changes to accommodate growth within the City that result in additional costs in ongoing operations, equipment, and/or facility modifications by 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. 3.6 Primary Services. The Contractor shall provide Transfer, Transport and Disposal Services to the City in accordance with the terms and conditions of this Agreement. The Contractor may accept and process legally acceptable Solid Waste from sources other than the City that is not otherwise prohibited to be delivered to the Transfer Facility, but at no time shall any acceptance or processing of Solid Waste from sources other than the City limit the Contractor's ability to provide Solid Waste Services to the City and its Designated Haulers and Self Haulers in accordance with the terms and conditions of this Agreement. Should the ability of the Contractor to process Solid Waste generated within the City and other Solid Waste become limited, whether due to decreases in capacity at the Transfer Facility or Disposal Facility or otherwise, the Contractor shall first limit the receipt and processing of Solid Waste from sources other than the City to allow as much Solid Waste generated within the City to be handled as is required under this Agreement. 3.7 Education 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 year or 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. Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 11 of 44 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 cover actual costs 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 be summarized 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. 3.8 Grant 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 Parties or 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 may identify potential opportunities and 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 otherwise participate 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 such authorized 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, the Parties 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 Parties or 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 Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 12 of 44 reasonably necessary, beneficial, or appropriate for any particular grant, including the use or involvement of a third party. 3.9 Cooperation. Contractor shall cooperate with the City, Designated Haulers, all third -party providers of Transfer Services, Transport Services and Disposal Services, and the Disposal Facility provider to ensure that Acceptable Waste, Recyclables, Organics, C&D Waste, MRW, and Special Waste is legally, safely efficiently, promptly, and without unreasonable delay or interruption of service accepted, transferred, transported, disposed of, recycled and composted in accordance with the terms of this Agreement, except to the extent such interruption or delay arises from Uncontrollable Circumstances. 3.10 Performance Standards. The Contractor shall provide all Solid Waste Services in compliance with the performance standards provided in Exhibit "C". 3.11 Customer 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 current Service Fee and Organics Fee rates, as well as any pending changes to such rates. The website shall contain contact information for the telephone access line. The website shall contain waste acceptance standards and educational materials as provided herein. The website shall contain timely news about events that impact the function of the Transfer Facility 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 Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 13 of 44 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 commercially reasonable, including penalties, interest fees, late charges and service limitations and restrictions for late or non-payment or violation of rules; provided, however, all Designated Haulers, including Designated Haulers that may be owned, operated, or are subsidiaries of Contractor shall be charged the same rates, penalties, and fees and be subject to the same service limitations and restrictions. 3.12 Notice 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. 3.13 Notice 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 access to alternative transfer or disposal facilities or desires to use other methods of waste disposal which could be utilized in carrying out this Agreement in 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 will materially modify 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 transition to and use of any alternative facility or equipment, or the construction of any improvements at the Transfer Facility shall 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 Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 14 of 44 shall have authority, in its sole discretion, to approve the use of alternative transfer or disposal facilities. 3.14 Ongoing Maintenance of Financial Condition. The Parties have agreed that Contractor's ongoing financial health and stability are vital to the continued provision of Solid Waste Services for the term of this Agreement. Solely to demonstrate financial health as it relates to the provision of Solid Waste Services hereunder, within 30 days of the end of the calendar year, 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. 3.15 Necessary Contracts. The Contractor shall provide for City review, but not approval, of all third - party service contracts necessary for Contractor to provide Solid Waste Services, including but not limited to third -parry contracts for Transport Services and Disposal Services and with any Disposal Facilities. Contractor may redact any cost or fee schedules, special terms not applicable to this Agreement and other proprietary, trade secret or confidential information from such contracts prior to providing to the City, provided that the Contractor shall not redact the names of the parties to the contract, the term of the contract, insurance requirements, and indemnity provisions. All such contracts shall be initially provided prior to execution of this Agreement. The Contractor shall provide any amendments or new contracts within 30 days of their execution. 3.16 Business Registration. The Contractor shall register with the City as a business prior to the Effective Date of this Agreement and shall remain registered for the term of this Agreement. 3.17 Commencement of Service. The Contractor shall begin accepting Solid Waste generated within the City pursuant to this Agreement on January 1, 2025. 3.18 Surely. 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. 3.19 Public Records: Confidentiality. A. The Parties agree that all records of the Contractor and of the City which are related to this Agreement and the Solid Waste Services provided hereunder and which are prepared, owned, used, or retained by the City are public records under the Public Records Act (chapter 42.56 RCW) and may be subject to disclosure unless a statutory exemption applies. The City agrees to not intentionally waive any statutory exemptions from disclosure available for such records under the Public Record Act. The City shall, if possible, notify the Contractor before any disclosure, and provide the Contractor with an opportunity to intervene through judicial process to resist release of such records. The City agrees not to object to the Contractor's intervention in any judicial proceeding in which the City resists the release of the records in question so long as the Contractor's request to intervene is limited to resisting the release of the records. The City shall have no duty to resist release of any Contractor records, except to provide notice to Contractor of the request for and disclosure of such records as previously described. B. All reports, educational materials, and other records prepared by the Contractor and provided to the City pursuant to this Agreement are and shall be the property of the City and shall be Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 15 of 44 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 City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other material prepared under this Agreement that Contractor provides to the City pursuant to this Agreement; provided City shall not publish, disclose, or distribute any financial information provided under Section 3.14 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 information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 3.20 Compliance with Laws and Regulations. The Contractor agrees that in providing the Solid Waste Services and the performance of its duties and obligations under this Agreement, the Contractor will qualify under, and comply with, any and all federal, state and local laws, requirements, regulations, licenses, certificates, approvals and permits now in force and which may hereafter be enacted and become effective, which are applicable to the Contractor, its employees, agents or subcontractors. 3.21 Permits, Licenses, etc. The Contractor and any subcontractors shall obtain and maintain, at their sole expense, all permits, licenses, certificates and approvals required by federal, state and local law for its operations and activities under this Agreement. 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. Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 16 of 44 3.22 Tariffs. Surcharges, Taxes and Fees. Except under the limited circumstances expressly set forth in this Agreement, the Contractor shall be responsible and liable for payment of all federal, state and local taxes and fees, tariffs and surcharges of every form and description including, without limitation, those that apply to any and all persons, property, income, equipment, materials, supplies, structures or activities that are involved in the performance of this Agreement. 3.23 Notification of Violations - Full Disclosure. This Section shall not apply to notification and reports of customer service complaints that occur in the normal course of business, which shall be handled in accordance with Section 3.11. 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. 3.24 Reports. The Contractor shall keep accurate records of all transactions connected with this Agreement including, but not limited to, all correspondence and invoices, transaction/weight tickets and receipts issued to or at the Transfer Facility and Disposal Facility for Solid Waste generated in the City. Notwithstanding anything to the contrary in this Agreement, the City shall have the right to review and audit the Contractor's records to which the City has access under Section 3.18(C), above. The Contractor shall provide, in a form acceptable to the City, a quarterly report for the preceding reporting period summarizing routine and extraordinary activities relating to Solid Waste generated in the City during the prior reporting period and plans and schedules for future activities. The quarterly reports shall 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 reports shall include: A. Tonnage. The tonnage by type of waste (total Solid Waste, Acceptable Waste, Recyclables, Organics, C&D Waste, MRW, Special Waste, and Unacceptable Waste) or other material generated within the City and accepted at the Transfer Facility and the tonnage processed as part of the Contractor's Transport and Disposal Services. Tonnages shall be based upon actual tonnages as measured by a scale system legally calibrated and certified to be accurate by the appropriate governmental entity or agency, or if no such agency is conducting calibrations or certifications, an independent contractor, to certify such scales. B. Trips. The number of trip visits to the Transport Facility by: (1) Designated Haulers, and (2) Self Haulers. C. Customer Service Inquiries. The number of customer service inquiries handled by customer service representatives from Designated Haulers or Self Haulers by month and by the following categories: (1) fee issues; (2) issues with interactions with Contractor staff, and (3) provisions of services (e.g., wait times, acceptance of waste, etc.). Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 17 of 44 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 -parry service provider. E. A discussion of education and outreach efforts, and of grants pursued and results. 3.25 Changes 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 actual increased 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(13) 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. 3.26 Community 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 such program 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 4 CITY'S RESPONSIBILITIES 4.1 Delivery of Acceptable Waste. No minimum amount of Acceptable Waste tonnage is guaranteed under this Agreement. However, the City shall, in its contracts with Designated Haulers, obligate, to the maximum extent allowed by law, the Designated Haulers to haul and deliver all Acceptable Waste collected pursuant to such contracts to the Contractor's Transfer Facility for processing. The City shall diligently enforce, to the maximum extent allowed by law, all obligations in its contracts with Designated Haulers, including, without limitation, those related to the collection, hauling and delivery of Acceptable Waste to the Transfer Facility. The provisions of the City's contracts with the Designated Haulers shall not restrict Contractor's right to enforce the terms of its agreements Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 18 of 44 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. 4.2 Cooperation with Contractor. The City shall use its best efforts to cooperate with the Contractor and to respond to the Contractor's reasonable requests for information and assistance, consistent with the provisions of this Agreement. As part of its cooperation, the City shall provide all necessary information to assist with educational components. 4.3 Comprehensive Solid Waste Management Plan. The City shall maintain and update as required by law a 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. 4.4 Compliance with Laws and Regulations. City agrees that in the performance of its duties and obligations under this Agreement, the City shall comply with any and all federal, state and local laws, requirements, regulations, licenses, certificates, approvals and permits now in force and which may hereafter be enacted and become effective, which are applicable to the City or its officers, employees or agents and which are related to the provision of Solid Waste Services as provided herein. ARTICLE 5 FEES 5.1 Load Limits. There shall be no per load minimum or maximum tonnage of Acceptable Waste, Recyclables, Organics, or C&D Waste required for acceptance of such wastes and Recyclables at the Transfer Facility. 5.2 Fees. For the Contractor's performance of its obligations under this Agreement it shall be entitled to the sum of the Service Fee, Organics Fee, and Special Waste Fees as follows: A. 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. Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 19 of 44 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 390 pounds 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 that Organics Waste fluctuates year-to-year, but historically has averaged 5,080 tons per year from 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 to request an equitable adjustment of the Organics Fee to address actual 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 Organics referred 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 showing the actual and estimated increase in Organics tonnage, changes in other Solid Waste tonnages, the cost increases incurred by the Contractor to 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. Any such 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 Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 20 of 44 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. 5.3 Adjustment of Fees. A. Annual Adjustment. Effective on January 1, 2026 and 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 before that and 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 such changes. If the City requests documentation and the Contractor does not or cannot provide such documentation, the Contractor may not increase fees until Contractor provides such documentation. After -enacted government taxes, fees, and surcharge increases or decreases are not subject to the annual adjustment contained in Section 5.3(A). Any dispute regarding the appropriateness of increases shall be resolved pursuant to Article 12 (Disputes). C. Adjustment for Changes in Federal, State and Local Law. The Contractor may increase the fees payable under Section 5.2 for reasonable actual increased costs resulting from changes in federal, state, or local law. For purposes of this Section, "Change in law" excludes any change in tax, fee, or surcharge as provided for in Section 5.3(B). The Contractor shall provide notice to the City at least 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 Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 21 of 44 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) 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. 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 Contractormay 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, quantity or 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. F. Services Under Emergency perations Plan. In the event the Contractor implements the 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 to the provision of Solid Waste Services affecting the City or regional or state solid waste systems, or other changes that occur as identified in Section 5.3 only that 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 of such change. Such changes include, but are not limited to, mandated curbside Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 22 of 44 collection by the City, state or other agency with jurisdiction, decreased liability of the Contractor for taxes under Section 5.3(C), or other systemwide changes to the provision of Solid Waste Services affecting the City or regional or state solid waste systems, including but not limited to the selection of different Designated Haulers. 5.4 Fees and Taxes Payable to the City. A. The Contractor shall pay an annual administrative and maintenance fee on Acceptable Waste and Organics generated within 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 Facility at such amount as described in this Section 5.4. Such fee shall be paid in quarterly installments at 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 the fee once each year upon authorization from the City Council and shall notify the Contractor of such alteration by September 22 of each calendar year. Any alteration shall not take effect before January 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 generated within 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 Waste and Organics received from Solid Waste generated within the City and delivered to the Contractor and amounts payable and due under Section 5.4(A) at any time. C. The administrative and maintenance fee payable to the City shall be calculated on a per ton basis for tonnage of Acceptable Waste and Organics received from Solid Waste generated within the City and delivered to the Contractor. A worksheet showing the calculation of the administrative and maintenance fee shall be included with payments of that fee to the City. The administrative and maintenance fee may be added, as applicable, to the fees set forth in Section 5.2, as adjusted, to make up the total tipping fees that Contractor charges to Designated Haulers and Self Haulers. The Contractor shall have the right to direct any questions regarding the administrative and maintenance fee 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 administrative and maintenance fee to City to the extent of the amount owed based on tonnage of Acceptable Waste and Organics received from Solid Waste generated within the City and delivered to the Contractor. The Contractor shall collect the City's administrative and maintenance fee 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 maintenance fee, the City's administrative and maintenance fee is not the income or asset of Contractor for any reason and is paid to and received by the City exclusively because of the exercise of its governmental functions. The Contractor shall not have any personal liability to the City for the administrative and maintenance fee other than the obligation to collect and deliver the administrative and maintenance fee 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. Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 23 of 44 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 6 EMERGENCIES 6.1 Notification. Any Party with knowledge of circumstances or potential circumstances which could impact the availability of Acceptable Waste, the ability of the Transfer Facility to process Acceptable Waste, Recyclables, Organics, MRW and 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. 6.2 EmergencyOperations 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 " E" 6.3 Implementation of the Emergency _Operations Plan. In the event that the Contractor fails or is unable to provide the Solid Waste Services which it has agreed to perform under this Agreement, or is unable to process, transfer, transport to and legally dispose of, recycle, or compost all Acceptable Waste, Recyclables, Organics, and C&D Waste at the Disposal Facility, the Contractor shall immediately implement the emergency operations plan and thereafter immediately notify the City and the Designated Haulers orally, followed by a written notification to the City at the earliest practicable time, which shall not exceed 24 hours from the time the emergency operations plan was put into effect. 6.4 Natural Disasters and other Communi , 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 standard operational 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 request for any natural event or community emergency that materially impacts the need for immediate solid waste services for community members as 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: Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 24 of 44 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 -Haulers and 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 to work together and utilize their respective websites and social media to communicate to the public the 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 to reimbursement for actual costs incurred for disaster or emergency related waste services covered under this Section above 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 incurred specific to the emergency event, if reasonably practicable in light of such emergency. The City shall provide reimbursement either through (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 7 OWNERSHIP OF WASTE 7.1 Ownership. Title to Solid Waste delivered to the Contractor under this Agreement is in the person or entity which arranged for said delivery and provided the Solid Waste. The Contractor may obtain ownership of Solid Waste delivered to the Transfer Facility to the extent provided by law, but only to the extent that Contractor accepts and processes such Solid Waste. Notwithstanding anything to the contrary in this Agreement, title to Solid Waste shall not vest in the City. ARTICLE 8 INDEMNIFICATION 8.1 Indemnification and Hold Harmless Non -Environmental. Contractor shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the breach by the Contractor of Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 25 of 44 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. 8.2 Indemnification and Hold Harmless - Environmental. Contractor shall, at its sole expense, defend, indemnify, and hold harmless the City, its officers, agents, and employees, from any and all claims of pollution or other environmental liabilities arising out of the Transfer Services, Transport Services, and Disposal Services provided by Contractor, Contractor's agents, subcontractors, subconsultants, and employees, including any third -party service providers providing Transport Services and Disposal Services or owning any Disposal Facility(s) utilized by the Contractor, for disposal of Solid Waste under this Agreement. Such duty to defend, indemnify, and hold harmless the City and its officers, agents, and employees shall survive the term of this Agreement until the statute of limitations on any such claims expires which may last through operation, closure, and post -closure of any Transfer Facility or Disposal Facility utilized by the Contractor to provide Transfer and Disposal Services under this Agreement. 8.3 General Provisions. The following provisions are applicable to indemnification under Sections 8.1 and 8.2: A. Contractor's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the intentional wrongful acts or sole negligence of City or City's agents or employees. B. Contractor's duty to defend, indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of (1) City or City's agents or employees, and (2) Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants and employees. C. Contractor's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim- related costs and expenses. D. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity under this provision extends only to claims against Contractor by City, and does not include, or extend to, any claims by Contractor's employees directly against Contractor. The Parties hereby certify that this indemnification provision was mutually negotiated and agreed to. E. Contractor and the City agree to make and pursue claims against their applicable insurance coverage for all costs and expenses related to third party claims. Nothing in this Agreement shall constitute a waiver or relinquishment of any claims either Contractor or the City may have against their respective insurers, nor shall any provision of this Agreement waive or relinquish Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 26 of 44 any subrogation or contribution rights that Contractor or the City's insurers may have against another insurer or other potentially responsible parry. F. In no event shall the Contractor be liable for consequential, special, or incidental damages suffered by the City. ARTICLE 9 INSURANCE 9.1 Insurance Required. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. 9.2 Minimum Scope of Insurance. Contractor shall obtain or, as indicated below, arrange for insurance of the types described below: A. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. 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 City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using 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 -parry service provider to provide Transport Services and Disposal Services, including any third -party owned Disposal Facility(s), Contractor shall provide or arrange for the owner of the Disposal Facility to provide the Pollution Liability Insurance required under this Agreement and shall provide evidence of or evidence that such owner has pollution liability insurance in at least the amount provided in Section 9.3(D) for losses arising from the provision of such services and use of such facility(s) for the Solid Waste Services provided under this Agreement. 9.3 Minimum Amounts of Insurance. 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 Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 27 of 44 any change in insurance limits under this Section. Contractor shall maintain or, as indicated in Section 9.2(E), arrange for the following insurance limits or 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. 9.4 Other Insurance Provisions. A. The insurance policies are to contain, or be endorsed to contain, the following provisions for all insurance except workers' compensation: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two Business Days of receipt by Contractor. 3. City shall be named as an additional insured. 4. If Contractor maintains 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 Contractor are 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 ANII. 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 Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 28 of 44 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 Contractor to maintain the insurance as required shall constitute a major default, subject to the terms of Article 11. ARTICLE 10 COORDINATION MEETINGS 10.1 Initial Coordination Meeting. Prior to the commencement of services under this Agreement, the Contractor, City and others requested by either Party shall meet as necessary to discuss scheduling, processes and any other matters the Parties deem appropriate. 10.2 Periodic Coordination Meetings and Reports. The City and the Contractor shall hold periodic coordination meetings, no less than 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 11 DEFAULTS 11.1 Contractor Default. There shall be two classes of defaults by the Contractor in its performance under this Agreement: A. Major Default. A Major Default includes: 1. The Contractor's failure to provide Transfer Services, Transport Services and Disposal Services for all Acceptable Waste, Recyclables, Organics, and C&D Waste at the Transfer Facility and Disposal Facility or an alternate facility under Section 3.11 for a period of two consecutive Days provided such failure is not due to Uncontrollable Circumstances; 2. A release or the threat of a release by the Contractor of a Hazardous Substance, as defined by the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 et. seq. as amended ("CERCLA"), or as defined by the Model Toxics Control Act, chapter 70.105D RCW, as amended ("MTCA"), which the City reasonably concludes, in its reasonable discretion, may constitute a release or threatened release of a hazardous substance of such a degree that the United States Environmental Protection Agency or Washington Department of Ecology would be reasonably likely to conduct a remedial action, require remedial action by the City or the generators of the Solid Waste, or impose liability on the City or generators of the Solid Waste; provided that a release or threat of release of a Hazardous Substance as described in this Section 11.1(A)(2) shall not constitute a Major Default or default by Contractor under this Agreement if Contractor: (1) has already begun and is diligently pursuing a response or remedial action as required by CERCLA or MTCA at the time of the City's determination; or (2) following notice from Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 29 of 44 the City of a release or threatened release, Contractor implements a response or remedial action and diligently pursues it as required by CERCLA or MTCA; 3. The situation wherein the emergency operations plan is put into effect, whereupon, the City shall have the reasonable discretion, 10 days thereafter, to determine that Contractor is not implementing the emergency operations plan and is failing to provide Transfer Services, Transport Services, and Disposal Services for all Acceptable Waste, Recyclables, Organics, and C&D Waste in accordance with the terms of the emergency operations plan, provided such failure is not due to Uncontrollable Circumstances; 4. Except as otherwise permitted herein, the Contractor's assignment of any rights, duties or obligations under or arising from this Agreement without the prior written consent of the City, which consent shall not unreasonably be withheld, conditioned or delayed; 5. Except as otherwise permitted herein, the transfer, conveyance or assignment of a controlling ownership interest in the Contractor, without the prior written consent of the City, which consent shall not unreasonably be withheld, conditioned or delayed; or 6. The filing of any bankruptcy proceeding against or by the Contractor and subsequent proceedings thereafter whether voluntary or involuntary that prevent Contractor from providing the Solid Waste Services under this Agreement, and in the case of a bankruptcy filing against the Contractor or involuntary filing, the Contractor does not have such proceeding vacated or dismissed within 60 days after it is filed. 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. 11.2 Consequences of Contractor Defaults. A. Major Default. In the event of a Major Default, the City shall have the right, in its sole discretion, to immediately: 1. Seek and receive liquidated damages from the date of the Major Default in the amount of $5,200 per day up to 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 Agreement in a timely manner as 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; Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 30 of 44 3. Use any other method, person or entity to perform the services required under this Agreement or substitutes therefore without the Contractor being released from its obligations under this Agreement; 4. Seek the judicial remedy of specific performance; 5. Foreclose on the Surety in accordance with this Agreement. The City shall reduce the amount received from foreclosure on the Surety by the amount of any liquidated damages received; or 6. Pursue any combination of the foregoing or any other remedy provided under this Agreement or by law. B. Minor Default. In the event of a Minor Default, the Contractor or Surety shall be permitted to remedy the Minor Default within 30 days of the City sending written notice and if Contractor does not remedy the Minor Default within such time period, or if such Minor Default is not susceptible to cure within such 30 day period, if Contractor shall fail to commence and diligently pursue such cure to completion within the period of time which is reasonably necessary to complete such cure, then the Contractor shall pay to the City liquidated damages in the amount of $1,300 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 but are fixed and agreed upon between the Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that the City would sustain in the event of a Minor Default. If the Minor Default is not remedied within 30 days after the expiration of the initial 30 day or reasonable cure period, the City may, at its sole discretion: 1. Terminate this Agreement and obtain alternative services; 2. Seek the judicial remedy of specific performance; 3. Foreclose on the Surety in accordance with this Agreement. The City shall reduce the amount received from foreclosure on the Surety by the amount of liquidated damages received; or 4. Pursue any combination of the foregoing or any other remedy provided under this Agreement or by law. If a Minor Default is not remedied within 90 days of its occurrence, the City may, at its sole option, exercise any of the remedies set forth for remedy of a Major Default under this Article. 11.3 Default Procedure. A. Notice of Default. Except as otherwise provided for in this Agreement, the City's representative shall give written notice to the Contractor's representative and its Surety provider of the City's determination of default and intention to declare the Contractor in default. The Notice shall specify the factual basis for the determination of default, the effective date of the determination of default, and the remedy(s) selected by the City. B. Show Cause. The Contractor may request to show cause why it should not be declared in default, which may be allowed in the sole discretion of the City. In the event the City allows the Contractor to show cause, the Contractor shall provide written explanation to the City Manager, City Representative, and a third member from the City selected by the City Manager Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 31 of 44 and City Representative. After considering the written explanation, the City Manager, City Representative and third City member shall confer and may declare the Contractor in default and notify the Contractor and Surety provider of such declaration. Any appeal of such determination shall be resolved through litigation filed in the Superior Court of Spokane County, Washington. C. Cure and Appeal. For Minor defaults, the time period for curing such defaults shall begin to run on the date the City gives initial notice of default, or in the event the Contractor elects to show cause, on the date of the final declaration of default. Absent a specific order from a superior court judge, the remedy(s) sought by the City and time period for cure as allowed under this Agreement shall not be stayed pending the appeal process. 11.4 City Default. A. General. For each and every event of default by the City, the City shall be permitted to remedy the default within 30 days of the Contractor sending written notice and if the City does not remedy the default within such time period, or if such default is not susceptible to cure within such 30 day period, if the City shall fail to commence and diligently pursue such cure to completion within the period of time which is reasonably necessary to complete such cure, the Contractor shall have available to it all remedies to the extent provided by law. B. Actual Damages. For each and every default by the City, the Contractor, in its discretion, shall be entitled to recover its actual reasonable damages. Except as otherwise set forth in this Agreement, nothing herein shall create an obligation for the City to pay for any of the Solid Waste Services to be provided under this Agreement. 11.5 No Waiver by Ci1y. 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 any other provision of this Agreement or any provision of law, subject to the terms of this Agreement. ARTICLE 12 DISPUTES 12.1 Informal Negotiation. Should a dispute arise between the Parties, they shall initially attempt to resolve the dispute through informal discussion and negotiations. Each Party may designate one or more representatives for such discussions and negotiations. Each Party shall use good faith efforts to attempt to resolve the dispute through such discussions and negotiations. 12.2 Mediation. If the Parties cannot resolve the dispute through informal discussions and negotiations, either Parry 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 attorney in 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 and shall give the Parties at least five Business Days written notice of the initial mediation session. The mediator shall meet with the Parties until either (A) the dispute is resolved, or (B) the mediator determines that further meetings will not likely result in a resolution by agreement. Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 32 of 44 12.3 Judicial Review. Any dispute that cannot be resolved under the informal negotiation or mediation process shall be resolved by litigation filed in the Superior Court for Spokane County, Washington, unless otherwise required by federal or state law. 12.4 Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be Spokane County, State of Washington. 12.5 Cost and Attorney's Fees. The prevailing Party in any litigation arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). Costs of mediation shall be born equally by both Parties. ARTICLE 13 CONTRACTOR 13.1 Contractor as Independent Contractor. The Contractor shall perform all work under this Agreement as an independent contractor. The Contractor is not and shall not be considered an employee, agent, sub -agent or servant of the City for this Agreement or otherwise; the Contractor's subcontractors, employees or agents are not and shall not be considered employees, agents, sub -agents or servants of the City for this Agreement or otherwise. The Contractor shall have exclusive control of and the exclusive right to control the details of the Solid Waste Services and work performed under this Agreement and the City shall have no ability to control the day-to-day operation of the Transfer Facility, or the provision of Solid Waste Services. The City shall not be responsible for any injuries, accidents or other mishaps associated with the Transfer Facility's operations, the provision of Solid Waste Services, or the operations of any subcontractor or third -party service provider. The Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing in this Agreement shall be construed as creating a partnership or joint venture between the Contractor and the City or as giving the City a duty to supervise or control the acts or omissions of the Contractor or any other person performing services or work under the Agreement. P 13.2 Use of Subcontractors or Third -Party Service Providers. The Parties have contemplated the Contractor's use of third -party service providers or subcontractors for the provision of some or all of the Solid Waste Services to be provided pursuant to this Agreement. The Contractor shall provide names and contact information for all third -party service providers or subcontractors to the City prior to such providers or subcontractors commencing any work. The use of third -party service providers or subcontractors shall not relieve the Contractor from any of its responsibilities under this Agreement and Contractor shall be liable for any failure of the third -party service provider or subcontractor to perform which causes a default under this Agreement. 13.3 Cooperative Services. This Agreement may be used by other government agencies. By entering into this Agreement, the Contractor agrees to make substantially the same Agreement services, terms, and fee rates available to other such governmental agencies if they so desire, subject to issues specific to the other governmental agencies, including but not limited to changes necessary due to greater or lesser tonnage amounts (e.g., modifications to the performance bond amount or liquidated damages) and the particular administrative fee that may be sought. The City shall in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchases or services received by such agencies. ARTICLE 14 SUCCESSORS; ASSIGNMENT Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 33 of 44 14.1 Contractor Delegation. The City executes this Agreement with the Contractor as a uniquely qualified parry to provide the Solid Waste Services. The Contractor's delegation of any Agreement duties shall be subject to this Agreement. Any delegation of duties shall not relieve the Contractor or the Surety provider of any liability and/or obligation under this Agreement. 14.2 Assignment. Except as Solid Waste Services may be provided by subcontractors or third -party service providers in accordance with Sections 3.3, 3.4 or 13.2, this Agreement is not assignable voluntarily, involuntarily or by process of law, without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. Unless specifically approved in writing by the City, any assignment shall not relieve the Contractor of its obligations, duties and liabilities hereunder. 14.3 Asset in Bankruptcy. In no event shall this Agreement be, or be treated as, an asset of the Contractor after adjudication of bankruptcy. The City shall not be bound to this Agreement by any trustee or receiver appointed to enter into or take possession of the Transfer Facility or otherwise. 14.4 Transfer of Ownership. Except as provided below, there shall be no transfer of a controlling ownership interest in the Contractor without the prior written approval of the City, which consent shall not be unreasonably withheld, conditioned or delayed. For purposes of this section, "transfer of a controlling interest in the Contractor" shall mean the transfer or assignment of 49 percent or more of the beneficial ownership of the Contractor to or from a single entity; however, the following transfers or assignments shall not be construed as a "transfer of a controlling interest in the Contractor": transfers or assignments between individuals who own, in whole or in part, the Contractor or the parent company or any subsidiary of Contractor, including transfers or assignments between or to (1) the individuals who own, in whole or in part, the Contractor or such parent company or any subsidiary, (2) the spouses, surviving spouses and linear descendants (including adopted children) of the persons described in (1) above, (3) a trust, estate, corporation, partnership, or other entity owned by or for the persons described in (1) or (2) above, and (4) a corporate trustee designated to act in a fiduciary capacity for the estate or trust of any person described in (1) or (2) above. Notwithstanding the foregoing, the City may, in its discretion, determine that new ownership can adequately and faithfully render the Solid Waste Services called for in this Agreement for the remaining term of this Agreement, and the City may elect to execute a novation, allowing new ownership to assume the rights and duties of this Agreement and releasing the previous ownership from all obligations and liability. The new ownership would then be solely liable for any Solid Waste Services and/or claims related to this Agreement. 14.5 BindingEffect. ffect. This Agreement shall be binding on any and all successors or assignees unless and until terminated by the City in accordance with the terms of this Agreement. ARTICLE 15 TERM 15.1 Term of Agreement. This Agreement shall commence on the Effective Date, and, unless extended pursuant to the terms of this "Article 15 Term", shall automatically expire on December 31, 2034. 15.2 Extension. This Agreement may be extended as provided in this Section. No later than March 1, 2034, Contractor shall notify the City if it wishes to extend the agreement for an additional 10-year tern. 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, 2034 or such other date Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 34 of 44 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. 15.3 Meeting About Extension. Prior to December 31, 2032, the Parties agree to meet and discuss future planning and a potential extension of 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 Agreement through the extension period, (2) potential rates and items impacting potential rates for the extension period, and (3) and other reasonable information requested by either Party to allow each Party to 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. 15.4 Termination. Except as provided in Article 11 (Defaults), this Agreement may be terminated with an effective date of termination prior to December 31, 2034 only upon written mutual agreement by the Parties. ARTICLE 16 CONTRACTOR AND CITY REPRESENTATIVES; NOTICES 16.1 Emergency Contact. The Contractor and the City shall each designate and provide, for the term of this Agreement, a 24-hour emergency contact telephone number. The emergency contact telephone number shall be provided in writing to the representatives of each Party prior to the Effective Date of this Agreement. 16.2 Contractor Representative, Notices. For purposes of receiving notices, the Contractor's representative is: Marc B. Torre, President Sunshine Recyclers, Inc., dba Sunshine Disposal & Recycling 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: michaeltgsunshinedisposal.com Telephone: 509 252-9060 Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 35 of 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. 16.3 City Representative, Notices. All notices, other than notifications of emergencies, shall be in writing to the City at the following address: City of Spokane Valley, Attn: City Clerk 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. 16.4 Representatives for Notices Only. The representatives identified in Sections 16.2 and 16.3 shall not have the authority to alter this Agreement or bind either Party to any terms not contained in this Agreement. 16.5 Changepresentative. 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 17 MISCELLANEOUS 17.1 Applicable Law. This Agreement shall be administered, construed and enforced in accordance with the laws of the State of Washington. 17.2 Entire Agreement. This Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. 17.3 Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of any value from any person with an interest in this Agreement. 17.4 Time of Essence. Time limits stated in this Agreement are of the essence. No waiver of the Agreement time limits, or schedule dates is to be implied from either Party's failure to object to untimely performance under this Agreement. Any waiver of time limits or schedules shall not be construed as a waiver of future time limits or schedules. 17.5 No Third -Party Beneficiaries. This Agreement is entered into by the City in its governmental capacity and is not intended nor does it create any third -party beneficiary or other rights in any private person, company, entity, or other organization, nor does it create any third party beneficiary or other rights in any public municipality or other governmental entity except as otherwise provided herein. 17.6 Amendment. Except as otherwise provided herein, this Agreement may only be amended in writing by both Parties. 17.7 Waivers. No officer, employee, agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 36 of 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 Parry to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 17.8 Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 17.9 Exhibits. Exhibits attached and incorporated into this Agreement are: A. Transfer Facility, Disposal Facility, Times and Days B. Education and Public Outreach Programs C. Performance Standards D. Customer Service Plan E. Form of Surety F. Emergency Operation Plan G. Insurance Certificates IN WITNESS WHEREOF, the Parties have executed this Agreement this xx day of xxxx, 2024. ISUNSHINE RECYCLERS, INC., dba CITY OF SPOKANE VALLEY SUNSHINE DISPOSAL & RECYCLING By: John Hohman By: Marc Torre Title: City Manager Title: President Approved as to Form: By: Kelly Konkright Title: City Attorney Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Contract No. 24-xxx Page 37 of 44 EXHIBIT A TRANSFER FACILITY, DISPOSAL FACILITY, TIMES AND DAYS Transfer Facilitv 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 Facilitv 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 Facilitv 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 Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 38 of 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 B to 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 following in 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 Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 39 of 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 shall be fenced to prevent unauthorized access during non -operating hours and to prevent off -site migration of litter. 3. Adequate commercial grade and professional -looking signage, traffic control devices (such as cones or jersey barriers) and Transfer Facility personnel shall be provided to 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 then occurring 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 minutes and 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 Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 40 of 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 Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 41 of 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 Argonne in the Spokane Valley. The call center services only Contractor's customers and is the focal point for all questions and concerns regarding refuse collection and transfer station operations. The Call Center operates from 8:00 am to 5:00 pm Monday through Friday. The Call Center is closed on major holidays which include: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. Customer Service Structure Staffing levels at our Customer Service Center are determined by call volume. Contractor is committed to adjusting the staffing levels at our Customer Service Center to ensure timely response to all phone inquiries. All staffing is hired locally. The current staff level consists of (1) Chief Financial Officer, (1) supervisor, (4) customer service representatives and (3) scale house operators. Customer Service Operations Our locally hired Call Center Representatives (CSR's) bring with them a familiarity of how refuse is collected and disposed of within Spokane County. They also have a basic understanding of the road networks of the communities they serve. For this reason they are better equipped to connect with the customer they are assisting by answering their questions more quickly and accurately. Each CSR station is equipped with a networked computer to assist them with answering questions and documenting customer questions and complaints. This system allows for the documented questions and complaints to be sent to managers in the field or at the corporate level. Having this ability assists us in addressing the needs of the customer in real time. Performance by our CSR staff is measured by a regular review by the senior customer service specialist of all account changes made during the previous day. Calls are periodically monitored to ensure our staff is correctly trained to resolve customer inquiries. We utilize side -by -side 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 Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 42 of 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 the customer'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 issue with the customer. The ultimate goal of the conversation is to find a solution to their disposal needs. Agreement for Comprehensive Solid Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 43 of 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 Waste Contract No. 24-xxx Transfer, Transport, and Disposal Services Page 44 of 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 and trends for the 3rd quarter 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. 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(A� � N o' O Q • � ' �— N , fV 4� •�— ..00 o �F09 4 Os o Lr) U • O '• o N V 00 W a� o 0 _ 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: 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 1-90 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. ose: 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 Orieinal Contract is extended to March 31.2025. 4. Compensation Amendment HistorX: 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: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Kelly Konkright City Attorney 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: 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'/2 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 Q — 5a o� �o �o Q CID C ro L W ° Z� `D E HQ orbon N � U O C� �v� J � C: Q vim= W L)06Co J W Z T .0 W C Ncq +� 0 U o 0 O = N O O 1U a J Q r—I CL � 1 23LL v •0 U U L7 cn Lu E cu L O i U C6 r� Ul i 0 L V cu m r) U n C6 > � O U C6 cn N o O o cn o � Co m 70 LL p U O N N — � U 70 70N O O .> 70 M W M 70 o p _C— 7CN , U O x a� O N � N +� O N O N E .V 4>-JN :N C) r) V cu L�J 0 ca U N O N C6 O Q 70 U O 70 c6 ca b�A 0 U 0 0 70 N U O U O 70 O Q U Co c O 70 O O U }' O Q � N � O U C6 C6 c 70 O O o � U � o O = O 06 7 C6 � O c 2 � N U � N 70 ca U) 70 Ca O � U � 4mi i i ca 70 U U N .> O N _N c6 W N O i U c6 N N QL _O O O p c6 c6 N ca O >, ca O N U O a� 70 N p N 70 Q )0-0 i O O ca O O 0 = O 70 -Ea > Q c >, c6 U o +� Co �_ -� O O 07 70 Q () I b�A 70 70 O N O c6 .ca ca b�A N C7 U c6 E O z LO N O N L ca ca 70 O U m O N 70 O c6 b�0 N O b�0 .:N Q Q c6 70 N O U ca W 70 O N Q c6 N O c6 N O E cca O Q 70 c c6 c O c6 U Q Q c6 c6 b�A N Q _O N N 70 N O O U �U O U 1 Y ,'�k3 i • W • r[ � ' _ 1 MIN e •� IIIt I i111111 1 r , • 4. • � Nigh way. az • � 1=r'I �- el -ill � .. _ •� a C eJ e - .. °. sRcl- " • - II a - eil - i c -'�j .4] lel is ■ ,P it ill : } r r _ • - 13 Im O E a., • • Fi -u r � 1 +..� ^t-•e 1 #. 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