The URL can be used to link to this page

2016, 10-04 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, October 4, 2016 CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) 6:00 p.m. DISCUSSION LEADER SUBJECT/ACTIVITY GOAL CALL TO ORDER ROLL CALL 1. Cary Driskell, Ed Lewis, Dept Emergency Management 2. Cary Driskell 3. Eric Guth 4. Eric Guth, Erik Lamb, Morgan Koudelka 5. John Hohman 6. John Hohman 7. Chelsie Taylor 8. Eric Guth 9. Mayor Higgins Emergency Preparedness Non -abandonment of Utility Facilities Ecology Stormwater Grants Fiscal Year 2018 Solid Waste Collection Services Request for Proposal and Contract Greater Spokane, Inc. Contract Update Wa. Dept of Commerce, 2016 Environmental Permitting Grant Opportunity Budget Amendment, 2016 City Hall Update Advance Agenda 10. Information Only (will not be reported or discussed): 2017 Community Development Block Grant (CDBG) Request for Proposals 11. Mayor Higgins 12. Mark Calhoun ADJOURN Council Check in Acting City Manager Comments Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Study Session Agenda, October 4, 2016 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2016 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 — process for declaring an emergency. GOVERNING LEGISLATION: Chapters 38.52 and 35A.33 RCW. PREVIOUS COUNCIL ACTION TAKEN: Administrative report February 19, 2013. BACKGROUND: Staff has prepared the following information on the procedures to follow when declaring an emergency. What is an emergency? A disaster or emergency is defined in chapter 38.52 RCW as being "an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010." The City has declared an emergency two times, both in 2008. The conditions giving rise to those declarations involved the Valley View fire in July and extreme snow conditions in December. The Governor declared an emergency across multiple counties for the windstorm in November, 2015. Who declares an emergency? In our form of government the City Manager is the person authorized by law to execute an emergency proclamation when there is insufficient time to convene the City Council to consider a resolution declaring the emergency. The City Manager (proclamation) or City Council (resolution) would make this determination following consultation with appropriate emergency personnel such as the Fire Chief from District 8 or Spokane Valley Fire, the Police Chief, the Spokane County Sheriff, or the Greater Spokane Emergency Management. If the City Manager proclaims the emergency, staff would present a resolution declaring an emergency for Council consideration at a specially called meeting, or at the next regularly scheduled meeting. If the emergency affects territory in another jurisdiction, such as unincorporated Spokane County, Liberty Lake, Millwood, or Spokane, the other jurisdiction(s) would consider whether conditions warranted a similar declaration, and act accordingly. Similarly, if the emergency conditions affect a wide area, the Board of County Commissioners may declare an emergency for the entire County. If the emergency is regional, or conditions are severe, the Governor may declare an emergency for the broader area. Comprehensive Emergency Management Plan. State law also requires each jurisdiction to establish an emergency management program, and to adopt an emergency management plan. Alternatively, jurisdictions are authorized to join together to form a program and adopt a multi - jurisdictional emergency response plan. This is the approach the cities in Spokane County have taken, including Spokane Valley. The regional cities and towns are members of the Interlocal Agreement for Emergency Management, which was last updated in 2012. That interlocal agreement provides for the formation of the Greater Spokane Emergency Management, which drafts, adopts, and updates the Spokane County Emergency Management Plan, which provides the framework for dealing with a regional emergency. Page 1 of 3 What are the consequences of declaring an emergency? First, pursuant to RCW 38.52.070(2), the bidding laws are suspended for those tasks "necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster." This is critical so that the City can go about the business of providing for its citizens in a time of need without having to go through the time-consuming requirements of public bidding and purchasing. If the bidding requirements were waived in this fashion, the City Council would be required to make written findings of the existence of the emergency on the record no later than two weeks after the emergency. This would occur when a resolution declaring the emergency is presented for Council consideration, generally at the next regularly scheduled meeting, as discussed above. The second consequence of declaring an emergency is that it sends a strong message to the citizens that conditions exist which present a serious risk of harm or injury, and the expectation is that people, so warned, will be able to better take care of themselves. Third, the declaration may impose limitations on what people are able to do as a result of specific conditions, such as entering the river due to extreme high water. Lastly, a disaster declaration may qualify a jurisdiction for state or federal disaster relief funds, depending on the extent of the conditions and the impact on people and/or property. Such a request would likely be by the Greater Spokane Emergency Management or by the Governor. The actual process of declaring an emergency by City staff. Generally speaking, when conditions exist which warrant consideration of declaring an emergency, various City staff will be extremely busy and may not have the time or ability to type up an Emergency Proclamation for the City Manager to sign. For that reason, we have put together a notebook that contains all of the necessary forms with which to declare an emergency on very short notice, including in electronic form on a USB thumb drive for use remotely if necessary in the event City Hall is not accessible or operational. These forms are fill -in -the -blank so this can be done very quickly. These signed forms would then be sent to the regional Greater Spokane Emergency Management. Copies and notice would also be sent to the major media entities in the region, and posted on the City's website in an effort to get broad dissemination. Applicable RCW provisions relating to emergency response, as well as all relevant contact information for regional and state emergency response providers, are also contained in the notebook. The Mayor, City Manager, City Attorney, Police Chief, and Public Information Officer have copies of the notebook. At some point, the conditions causing the emergency pass and staff would present a resolution to the Council declaring the emergency to be over. Staff will briefly walk through a fictitious emergency situation so the Council can see how the process is intended to work. Following the staff -led discussion, Ed Lewis, Deputy Director of the Greater Spokane County Emergency Management Center, will further discuss how and when that entity responds to emergency conditions. OPTIONS: NA. RECOMMENDED ACTION OR MOTION: NA. BUDGET/FINANCIAL IMPACTS: NA. Page 2 of 3 STAFF CONTACT: Cary Driskell, City Attorney; Ed Lewis, Deputy Director Greater Spokane Emergency Management. ATTACHMENTS: 1) Emergency Proclamation by City Manager; 2) Resolution Emergency Declaration by City Council; 3) Staff PowerPoint presentation; 4) Emergency Management PowerPoint presentation; 5) Executive Playbook Page 3 of 3 Updated September 27, 2016 CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON PROCLAMATION OF EMERGENCY OR DISASTER IN THE CITY OF SPOKANE VALLEY, WASHINGTON, BY THE CITY MANAGER, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley (City) staff and/or the Spokane City/County Department of Emergency Management has reported to the Spokane Valley City Council that on (date) , at (time) , a (DESCRIPTION OF INCIDENT) severely disrupted or is disrupting the health, safety and welfare within the City of Spokane Valley and caused or is causing extensive damage in parts of the City of Spokane Valley; and WHEREAS, pursuant to RCW 38.52.010, an "emergency or disaster" shall mean "an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010." WHEREAS, an emergency or disaster exists that necessitates utilization of the emergency powers granted pursuant to chapters 38.52 and/or 35A.33 RCW; and WHEREAS, significant economic loss has occurred or is occurring as a result of shutdowns necessary to conduct structural assessments of facilities; and WHEREAS, the City is responsible for maintaining the health, safety, and welfare of its citizens; and WHEREAS, the City has authority, pursuant to RCW 38.52.070(2), "to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each political subdivision is authorized to exercise the powers vested under this section in the light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds..."; and WHEREAS, the City is a party to the regional Interlocal Agreement for Emergency Management Services. That interlocal agreement was established pursuant to chapter 39.34 RCW and RCW 38.52.070 to facilitate cooperation between the City and the other local governments that are parties to the agreement in the event of an emergency; and WHEREAS, state and federal resources are supplemental to local jurisdiction efforts; and WHEREAS, a local "Proclamation of Emergency" is a preliminary step to requesting a "Proclamation of Emergency" from the Governor and requesting state and federal assistance, Page 1 of 2 Updated September 27, 2016 NOW THEREFORE, I , City Manager of the City of Spokane Valley, as a result of the aforementioned situation and pursuant to RCW 35A.13.080 and RCW 38.52.070: DO HEREBY PROCLAIM that a State of Emergency exists in the City of Spokane Valley and direct that the plans and procedures of the currently adopted Interlocal Agreement for Emergency Management Services be implemented. Designated departments are authorized to enter into contracts and incur obligations necessary to combat such emergency to protect the health, safety, and welfare of person and property, and provide emergency assistance to the victims of such disaster. Each designated department is authorized to exercise the powers vested in this proclamation in light of the demands of an extreme emergency situation without regard to time consuming procedures and formalities prescribed by law (except mandatory constitutional requirements). DATED this day of , 201*. , City Manager Page 2 of 2 Updated 1-7-13 CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, RESOLUTION NO. A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, PROCLAIMING AN EMERGENCY OR DISASTER IN THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley (City) staff and/or the Greater Spokane Department of Emergency Management has reported to the Spokane Valley City Council that on (date) , at (time) , a (DESCRIPTION OF INCIDENT) severely disrupted or is disrupting the health, safety and welfare within the City and caused or is causing extensive damage in parts of the City; and WHEREAS, an emergency or disaster exists that necessitates utilization of the emergency powers granted pursuant to chapters 38.52 and/or 35A.33 RCW; and WHEREAS, the emergency conditions warrant the calling of an emergency meeting of the City Council without prior notice pursuant to RCW 42.30.070; and WHEREAS, significant economic loss has occurred or is occurring as a result of shutdowns necessary to conduct structural assessments of facilities; and WHEREAS, the City is responsible for maintaining the health, safety, and welfare of its citizens; and WHEREAS, the City has authority, pursuant to RCW 38.52.070(2), "to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each political subdivision is authorized to exercise the powers vested under this section in the light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds..."; and WHEREAS, the City is a party to the regional Interlocal Agreement for Emergency Management Services. That interlocal agreement was established pursuant to chapter 39.34 RCW and RCW 38.52.070 to facilitate cooperation between the City and the other local governments that are parties to the agreement in the event of an emergency; and WHEREAS, state and federal resources are supplemental to local jurisdiction efforts; and WHEREAS, City Manager proclaimed that emergency conditions exist at _ p.m. on , 201*; and WHEREAS, a local "Proclamation of Emergency" is a preliminary step to requesting a "Proclamation of Emergency" from the Governor and requesting state and federal assistance, Page 1 of 2 Updated 1-7-13 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON ORDAINS AS FOLLOWS: SECTION 1 — Purpose and intent. As a result of the aforementioned conditions, it is the purpose and intent of this Resolution to formally proclaim the existence of an emergency or disaster in the City of Spokane Valley due to (explanation) SECTION 2 — Definitions. "Emergency or disaster" (except RCW 38.52.430) as used in all sections of this Resolution shall mean an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010. SECTION 3 — Emergency Proclamation. A. The action by City Manager in proclaiming an emergency at a.m./p.m. on (date) is ratified by the City Council. B. It is hereby declared that there has been an emergency since (date) and continues to be an emergency or disaster as a result of the aforementioned conditions in the City of Spokane Valley, Spokane County, Washington; therefore, designated departments are authorized to enter into contracts and incur obligations necessary to combat such emergency to protect the health, safety and welfare of persons and property, and provide emergency assistance to the victims of such disaster pursuant to chapters 38.52 and/or 35A.33 RCW. C. Each designated department is authorized to exercise the powers enumerated in this Resolution in light of the demands of an extreme emergency situation without regard to time consuming procedures and formalities prescribed by law (except mandatory constitutional requirements). SECTION 4 Effective Date. This Resolution shall be in full force and effect upon adoption, and shall remain in effect until subsequent action by the City Council stating the conditions giving rise to this Emergency Proclamation have subsided. DATED this day of , 20**. *, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Page 2 of 2 Training on declaring an emergency Cary Driskell City Attorney, City of Spokane Valley Ed Lewis Deputy Director, Greater Spokane Emergency Management October 4, 2016 City of Spokane Valley - Office of the City Attorney i ers can take various -orms - Past disasters in our area: Flooding from rising water in the Spokane River Past disasters • The Valley View fire Past disasters Heavy winter weather 4 Past disasters Ice storms Past disasters Volcanic activity Statutory authority The authority for cities under state law for declaring a disaster, and the consequences for doing so, are found in chapters 35A.33 and 38.52 RCW. What is a "disaster"? it an event or set of circumstances which: Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or Reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010." Localized emergency • The City and its staff primarily respond to smaller, localized emergencies. Over the past ten years, the City has declared an emergency two times, both in 2008. the Valley View Fire in July the big snow in December Consequences of disaster declaration The primary benefits for a jurisdiction in declaring a disaster are as follows: The jurisdiction can enter into contracts directly related to responding to the emergency without following bidding laws, although a proper accounting must be performed later. In short, take care of your citizens and do the paperwork when you can reasonably do so. If the disaster is significant enough (dollar thresholds), it may qualify the City to receive state or federal disaster assistance from the date the disaster is first declared. Certain activity can be limited, such as entering river, or implement a burn ban, if unsafe. It alerts the citizenry of the condition for their safety. Regional or statewide disaster The Board of County Commissioners or the Governor has authority to declare that emergency conditions exist over a broader area affecting multiple jurisdictions. An example is when former Gov. Gregoire declared on October 7, 2012 that all outside burning was banned due to extremely dry conditions, which created a significant risk of wildfire. More recently, Governor Inslee declared a disaster for the windstorm in November, 2015 across multiple counties. In such a case, our City would not have to independently declare the emergency, although it may. Sometimes, the City may declare an emergency, which then becomes larger, and then the County or Governor may declare the larger emergency. ocal Agreement f Management — Regional disasters The City is a member of the regional Interlocal Agreement for Emergency Management, creating the Greater Spokane Emergency Management Department. Updated in 2012. Responsibility to draft/maintain a response plan, called the Spokane County Emergency Management Plan. Small staff dedicated to emergency preparedness. Director is County Sheriff Ozzie Knezovich, Deputy Director is Ed Lewis. Mobilize on an as -needed basis utilizing assets from various partner members. would a disaster declaration -�itr n the City a for significant snow event? � Scenario - Snowing for six straight days, average 8 inches per day. City has contract for snow plowing with ABC contractor; City contracts with four additional contractors to provide plowing service with road graders in the event of heavy or sustained snow. Amount of snow exceeds capacity of contractors to handle on third day, Friday morning. People are unable to get out of neighborhoods. The City needs additional graders under contract immediately. Process for declaring emergency Public Works would identify potential contractors. City Manager would access the Emergency Proclamation by either using the electronic form or the paper copy. City would not use bidding process, and would instead execute contracts with what would likely be four or five additional contractors. This is allowed even if there is no money currently budgeted. The necessary work would get done with as little delay as possible. At the next Council meeting, staff would present a resolution to Council declaring the emergency, and ratifying the actions by staff in bypassing the bidding laws. When the emergency is over Once the conditions giving rise to the emergency have passed, staff would present a resolution to the Council declaring that the emergency was over. In the event it was part of a wider emergency, staff may apply for reimbursement from the state or federal government, which is coordinated through the Greater Spokane Emergency Management. This occurred following the 2015 windstorm event, and the City received approximately $141,000 from FEMA to assist in paying for the clean up, and to repair damage caused by falling trees, such as to playgrounds. NPromoting Community Resilience through CollaborationN Greater Spokane Emergency Management • Deputy Director: Ed Lewi • Program Administrator: Lisa Jameson • PIO/Mitigation & Recovery: Gerry Bozarth • Fleet/Volunteer Coordination: Chris Barnes • Public Education/Alert & Warning/Vol. Coord Support: Simone Ramel-McKay • Training & Exercise: Patti Richards • ECC/Critical Infrastructure Support: Heather Kitchen What We Do • 1 uy icer c-: • Ready and available to activate our local Emergency Coordination Center (ECC) • Bring community partners together • Resilience for whole community • Preparedness—from prevention and protection to mitigation, response and recovery • GSEM provides an inherent efficiency—partners come together in one place to discuss issues for all to hear and to plan appropriately • Meetings are organized immediately—enable system to function at a higher level Timeline of NWS Notification Re -issued Hazardous High Wind High Wind Weather Watch Warning Outlook Gusts to 65 Damages For 1 1 /17 mph Anticipated 11/14 11/15 11/16 @11:46 ECC Activation GSEM's Duty Officer, along with City of Spokane's Fire Department, identified the need to discuss activation of the ECC with partners NOVEMBER 17TH, 10:30 Partner Briefing NWS shared information about the pending weather Winds from Southwest 20-35 m p h Gusts to 45 mph Now-3pm Shift out of the W -NW Winds from 20-35 mph West - Southwest G 50 Southwest 35-50 mph 10-15 G 60-70 G25 3pm - 8pm 8pm -1 am 1 am - 5pm Confidence vs Impact Matrix NOVEMBER 17T", Identified Action Items ■ Encouraged leadership to allow employees to go home early ■ Contacted city/county public schools regarding the need to release early ■ ECC activated at level 111 (lowest level) and criteria were established for reconvening of partners: ✓ Road blockage and/or closures ✓ Downed powerlines and/or outages ✓ Second alarm fire or greater ✓ Additional significant events NOVEMBER 17TH Joint Voluntary Partner Press Office Briefing Release Closures Press Release Shelter -in - Place Advised ECC Planning Shelter- Shelter- Meeting in -Place in -Place for next Alert Alert day Lifted NOVEMBER 18T" - 19T" • Shelters Opened—four by Thursday morning • SRHD distributed Carbon Monoxide flyers NOVEMBER 25T" • De -activated the ECC, but left option to re -open if necessary Events of Spokane Complex Fire Duty Officer • Situational Awareness • Coordination with Area Coordinator • Identify Gaps • Information Sharing esu s • Coordination • Animal Shelter • Evacuation • Alert & Notification • Fire Management Assistance Grant • Damage Assessment Responsibilities of the ECC • Acquire, allocate and track resources • Serve as a conduit to manage and disseminate information • Provide liaison with incident commanders and other jurisdictions. • Support decision making • Provide situational awareness through a Common Operating Picture (COP) City of Spokane Valley Executive Playbook This document is brought to you by Greater Spokane Emergency Management. It is recommended that this document be reviewed once a year to check for necessary updates. When an incident occurs in your jurisdiction, emergency first responders and incident managers take action and begin to mitigate the problem. They do this at the operational level every day and are trained in the tactical decisions that are necessary for adequate response. The Incident Commander and/or Unified Command is in charge of all on -scene tactical operations. Elected officials and senior staff will be better prepared to ensure the safety of the citizens, coordinate and cooperate with supporting agencies and stakeholders, and obtain situational awareness to solve future problems. Elected officials and senior staff may often have to make unpopular decisions for the greater good of the community. This group can then better inform and educate the public about why decisions were made and what citizens can do to assist in mitigating the event. Table of Contents Preparedness • Before a disaster • During a disaster ResponsF • Decision Making Process • Policy Issues o Incident specific policy guide o Incident Complexity o Proclamation o Emergency legal authorities Recovery • Recovery Checklist Reference Materials • Contact information 17 18 BEFORE a DISASTER Plan • Have an up-to-date Continuity of Operations Plan for the City. • Ensure you have contacted legal counsel for legal requirements and/or authorities. • Make sure you know key messages. Prepare • Encourage staff members and their families to be prepared. • Make a plan - Prepare a communications plan with their family and other loved ones. • Build a kit - Create a personalized preparedness kit for their family. o Resources — www.ready.gov, www.redcross.org, http://mil.wa.gov/emergency- management-division/preparedness/personal, http://dolthing.com/ Practice • Attend tabletop exercises and other trainings when they are available. • Go over your key messages quarterly to ensure they are still relevant. Page 1 DURING a Disaster Keep Government Running • Formulate major policy issues. • Preserve the continuity of the local government. • Coordinate emergency operations and provide liaison, as required. • Make emergency proclamations as appropriate. Request Support • Request resource(s) and assistance through the Emergency Coordination Center. Information • Provide leadership and play a key role in communicating to the public disaster information and directions. • Inform the public through the use of the Joint Information System. Greater Spokane Area Coordination • Interface with county, local, and regional chief executives as appropriate. Page 2 Decision Making Process How decisions are made Briefing • Meeting • Agenda • Incident Briefing Form • General Criteria for Policy Decisions Address Identified Problems and Challenges Page 3 Meeting In-person or via conference call Purpose: The purpose of this section is to identify a mechanism for policy decision-making, a process for policy coordination and strategies for allocation of limited resources. When: During activations requiring review of community policy issues. Requested by: Can be requested by Incident Commander, elected official, or senior staff. Time: as needed. Facilitator: The ECC Manager or Greater Spokane Emergency Management Duty Officer CAN facilitate the process. Attendees: City or County senior staff, elected officials, and/or their designee Guiding Principals General criteria for policy decisions will include doing the most good possible within each category and may include but not be limited to: • Preservation of life, safety and preservation of human health; • Caring for vulnerable populations; • Preservation of public infrastructure and property; • Protection of the regional economy; • Protection of the environment; and • Preservation of private property. Tactical direction and control of resources remains within the established ICS structure at the incident. When regional policy decisions are needed, every attempt will be made to involve all agencies with jurisdiction in the decision making process. Page 4 Request Process • The Elected Official, Incident Commander, Department head involved with the response can request a policy group meeting by contacting the Greater Spokane Emergency Management Duty Officer or the Emergency Coordination Center Manager. If your jurisdiction is the only one affected, a liaison will be sent to participate in the meeting. • If requested, The Emergency Coordination Center will set up a conference line and notify the necessary participants. • The call/meeting will follow a set agenda focused on the issue or issues at hand. • There will be a policy briefing document to supplement the call. The briefing document will be filled in by the Incident Commander/Manager Page 5 Policy Group Meeting Agenda I. RoII CaII II. Situation update and description of issue III. Review of legal authorities IV. Policy issues • Policy issue #1 • Discussion • Decision • Policy issue #2 • Discussion • Decision V. Summary of decisions Legal Counsel All All Page 6 Policy Incident Briefing Form Incident name: Mission #: Situation Issue(s) of concern Impacts Services Jurisdictions/Organizations Recommendation(s) Recommendation #1 Consideration of Needs: Recommendation #2 Consideration of Needs: Course(s) of Action Page 7 Policy Issues • Incident -specific policy guide • Incident complexity • Proclamation • Emergency legal authorities Page 8 Incident-Specific Policy Guide — Disaster Specific The following describes policy issues that could arise during a certain disaster or emergency. These pages are intended to help guide you in which topics to pay close attention to since they may be impacted. Hazard: Fire Hazard: Hazardous materials spill Potential policy issues: Potential policy Issues: • Request for resources • Employee leave/human resources/safety of • Media messaging facilities • Debris management • Financial impacts • Transportation • Housing • Support of evacuated • Media messaging individuals/businesses/animals • Evacuation • Debris management • Support of evacuated individuals/businesses • VIP visits • Transportation Hazard: Earthquake Hazard: Disease outbreak Potential policy Issues: Potential policy Issues: • Employee leave/human resources/safety of • Employee leave/human resources/safety of facilities facilities • Housing • Financial impacts • Media messaging • Disease containment (shelter in place/isolation • Permits and quarantine/restricted • Debris management gatherings/treatment) • Support of evacuated • Media messaging individuals/businesses • VIP visits • Transportation Hazard: Severe weather (winter storm, blizzard, extreme heat, drought, extreme cold, lightning, windstorm) Potential policy Issues: • Media messaging • Human resources/employee leave • Transportation • Support for regional shelters individuals/businesses • Debris management Page 9 Incident Complexity Potential Incident Triggers/Options for Consideration If your jurisdiction response/checks two or more of these items, please contact the Greater Spokane Emergency Management: Health and human impact Mass evacuation Potential fatalities Economic consequences Environmental impact Impact to local response capability and resources Page 10 Emergency Proclamation Process Purpose: The purpose of a proclamation is: to utilize one or more emergency powers or to request assistance from the state in the form of tangible resources or possibly, reimbursement for emergency costs associated with the incident. When: During an emergency where there are results that include: • Death or injury • Destruction of property • Extraordinary measures to protect the public peace, safety and welfare of the public. Issued by: City Manager or, if time allows, the City Council Creation Process Decision is made to proclaim a state of emergency. There must be a justification for emergency. • Through policy call • Policy meeting • City Manager may act alone Notify Emergency Coordination Center (ECC) of decision to proclaim an emergency, if not done already. If requested, they will draft the proclamation using the following information: • What specific emergency power (s) is/are being invoked • Justification for each power • Conditions of proclamation Once the final copy is signed, the ECC Manager shall be notified. Page 11 Emergency Proclamation Example CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON PROCLAMATION OF EMERGENCY OR DISASTER IN THE CITY OF SPOKANE VALLEY, WASHINGTON, BY THE CITY MANAGER, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley (City) staff and/or the Spokane City/County Department of Emergency Management has reported to the Spokane Valley City Council that on (date) , at (time) , a (DESCRIPTION OF INCIDENT) severely disrupted or is disrupting the health, safety and welfare within the City of Spokane Valley and caused or is causing extensive damage in parts of the City of Spokane Valley; and WHEREAS, pursuant to RCW 38.52.010, an "emergency or disaster" shall mean "an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010." WHEREAS, an emergency or disaster exists that necessitates utilization of the emergency powers granted pursuant to chapters 38.52 and/or 35A.33 RCW; and WHEREAS, significant economic loss has occurred or is occurring as a result of shutdowns necessary to conduct structural assessments of facilities; and WHEREAS, the City is responsible for maintaining the health, safety, and welfare of its citizens; and WHEREAS, the City has authority, pursuant to RCW 38.52.070(2), "to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each political subdivision is authorized to exercise the powers vested under this section in the light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds..."; and Page 12 WHEREAS, the City is a party to the regional Interlocal Agreement for Emergency Management Services. That interlocal agreement was established pursuant to chapter 39.34 RCW and RCW 38.52.070 to facilitate cooperation between the City and the other local governments that are parties to the agreement in the event of an emergency; and WHEREAS, state and federal resources are supplemental to local jurisdiction efforts; and WHEREAS, a local "Proclamation of Emergency" is a preliminary step to requesting a "Proclamation of Emergency" from the Governor and requesting state and federal assistance, NOW THEREFORE, I , City Manager of the City of Spokane Valley, as a result of the aforementioned situation and pursuant to RCW 35A.13.080 and RCW 38.52.070: DO HEREBY PROCLAIM that a State of Emergency exists in the City of Spokane Valley and direct that the plans and procedures of the currently adopted Interlocal Agreement for Emergency Management Services be implemented. Designated departments are authorized to enter into contracts and incur obligations necessary to combat such emergency to protect the health, safety, and welfare of person and property, and provide emergency assistance to the victims of such disaster. Each designated department is authorized to exercise the powers vested in this proclamation in light of the demands of an extreme emergency situation without regard to time consuming procedures and formalities prescribed by law (except mandatory constitutional requirements). DATED this day of , 201*. , City Manager Page 13 Emergency legal authorities Purpose: The following are powers granted under law and local code for use during exceptional incidents. Located in: Jurisdiction of emergency and related legal authorities Issued by: Elected Official (or designee) Powers Include: • The authority for cities under state law for declaring a disaster, and the consequences for doing so, are found in RCW 35A.33 and RCW 38.52. RCW 35A.33.080 Emergency expenditures—Nondebatable emergencies. Upon the happening of any emergency caused by violence of nature, casualty, riot, insurrection, war, or other unanticipated occurrence requiring the immediate preservation of order or public health, or for the restoration to a condition of usefulness of any public property which has been damaged or destroyed by accident, or for public relief from calamity, or in settlement of approved claims for personal injuries or property damage, or to meet mandatory expenditures required by laws enacted since the last annual budget was adopted, or to cover expenses incident to preparing for or establishing a new form of government authorized or assumed after adoption of the current budget, including any expenses incident to selection of additional or new officials required thereby, or incident to employee recruitment at any time, the city council, upon the adoption of an ordinance, by the vote of one more than the majority of all members of the legislative body, stating the facts constituting the emergency and the estimated amount required to meet it, may make the expenditures therefor without notice or hearing. RCW 38.52 • (4) "Emergency management" or "comprehensive emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural, technological, or human caused, and to provide support for search and rescue operations for persons and property in distress. However, "emergency management" or "comprehensive emergency management" does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack. • (5)(a) "Emergency or disaster" as used in all sections of this chapter except RCW shall mean an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community Page 14 overtaken by such occurrences, or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW O . • (b) "Emergency" as used in RCW °R.52.43f means an incident that requires a normal police, coroner, fire, rescue, emergency medical services, or utility response as a result of a violation of one of the statutes enumerated in RCW ?8.52.4. Page 15 Recovery Recovery is the community's attempt to bring their impacted area back to pre -disaster condition or better. Depending on the size of the incident, disaster recovery can take days to years. Issues may include humanitarian care for survivors and safety measures for first responders, reputational damage, restoring critical infrastructure and government services, restoring community tax base and retaining businesses and employers, ensuring community -wide, collaborative participation in recovery policies/decisions, and stabilizing hospital -EMS -health networks. Successful recovery leverages available local, state and federal programs and assistance to support local recovery goals. The following is a list of possible considerations for senior and elected officials during an event when a recovery effort will be forthcoming: Designate a point of contact and participate with the Spokane County Recovery Management Organization. Consider a Disaster Recovery Center. o Coordinate services such as: ■ Financial assistance, housing assistance, case management, child care, legal help, homemaker services, day care, information and referral, personal care, respite, delivered meals, transportation. Develop public messaging and streamline information to the public. Develop a needs assessment system. o Develop an initial recovery food and water needs assessment. Assess damage and unmet needs. o Establish door-to-door outreach programs for assessment Repair/Replace/Restore Public Infrastructure and Services Support Mass Care Activities. o Identify facilities that may be used for emergency shelters. o Provide assistance in staffing and operations to support mass care. Develop or work with a Human Services Needs Group. o Develop a human services inventory to include: personnel, facilities, equipment and supplies. Identify Sources of Outside Assistance. o Develop agreements with human services providers. Establish Disaster Related Policies. Page 16 Contact Information Contacts Incident Commander Liaison Emergency Management Duty Officer City Contacts City Attorney City Manager or City Clerk Others Page 17 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2016 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report — draft ordinance — non -abandonment of utility facilities in rights-of-way and other public places. GOVERNING LEGISLATION: Article 11, Section 11 of the Washington Constitution; RCW 35A.11.020. PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The City has granted numerous franchises over the years for utilities to operate in the public rights-of-way and other public places. One of the terms of those franchises has been a prohibition on utility providers abandoning their facilities in the public rights-of-way and other public places. Staff now seeks to incorporate that concept in the Municipal Code. The public policy behind this concept is that the various utility providers use these public areas to conduct their business of providing utility services to citizens of the City. Although many of the utility providers, which include private businesses, cooperatives, and other governmental entities, operate only in our City, many also provide services to residents outside the City. If utility providers were allowed to abandon their facilities in the rights-of-way and other public places, it would transfer the responsibility and cost for removing them from the entity which put them there, to the City without any resulting benefit to the City. This would result in the City subsidizing the activities of various independent jurisdictions or private businesses, which the City is likely prohibited from doing pursuant to RCW 43.09.210, referred to as the Accountancy Act. When facilities are left in the rights-of-way, there is a deferred cost for removing them. This cost can be in the form of the physical act of removing and disposing of the old facilities, but can also be in the form of delay costs for a construction project when the facilities were not known, and thus not planned for. These delay costs can be extremely substantial, as was demonstrated in the court case of Scoccolo Construction, Inc. v. City of Renton, in which Renton was found to be liable for the delay in a construction contract the city let for widening a road. The delay was caused by several utility companies not moving their facilities in a timely manner. The Court held that cities have the paramount right to regulate their rights-of-way as part of their police power, and thus had the opportunity and ability to ensure that responsibility for such delays are appropriately allocated. When Renton failed to do so, and the contractor (Scoccolo) incurred substantial delay costs, the Court said the City was responsible for those costs. The draft code language before you is a modification of what we have discussed and adopted in franchises before. Upon further consideration, the prior language still left gaps in terms of when a utility company may, with written approval of the City, leave facilities in the rights-of-way or other public places until notified by the City to remove them. The new proposed language seeks to balance the needs of the City to regulate its rights-of-way and other public properties with the needs of utility companies, to plan for the financial consequences of having to remove their unneeded facilities. OPTIONS: (1) Consensus to place on a future agenda for an ordinance first reading; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for an ordinance first reading. BUDGET/FINANCIAL IMPACTS: Unknown, but is anticipated to reduce the cost of future road projects. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Draft Code language regulating utility facilities in the City's rights-of-way and other public places. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 16-*** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING CHAPTER 22.145 SPOKANE VALLEY MUNICIPAL CODE RELATING TO NON -ABANDONMENT OF UTILITY FACILITIES IN RIGHTS-OF-WAY AND OTHER PUBLIC PROPERTY, AND OTHER MATTERS RELATED THERETO. WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane Valley (City) is authorized to "make and enforce within its limits all such local police, sanitary, and other regulations as are not in conflict with general laws"; and WHEREAS, pursuant to RCW 35A.11.020, "[t]he legislative bodies of each code city shall have all powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities by law. By way of illustration and not in limitation, such powers may be exercised in regard to the acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all kinds..."; and WHEREAS, the City does not directly provide most of the utility services needed by its residents and businesses, including water, sewer, solid waste, electricity, natural gas, telecommunication services, and petroleum distillates. The only utility service provided directly by the City is stormwater; and WHEREAS, the utility services not being provided by the City are instead provided by Spokane County, City of Spokane, private companies (independently and by contract with the City), cooperatives, and independent quasi -municipal entities; and WHEREAS, when Spokane County, City of Spokane, private companies, cooperatives, and independent quasi -municipal entities operate utilities in the City's public rights-of-way and other public properties, they are doing so with the permission of the City and pursuant to certain terms to ensure that the taxpayers of the City are not subsidizing the cost of providing utility services to any particular utility or business; and WHEREAS, the City is authorized to and should establish standards for occupancy of the City's rights-of-way and other public property by utility entities, that are consistent with and recognize the City's jurisdiction and duties to protect the public health, welfare, and safety. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1: Adopting chapter 22.145 Spokane Valley Municipal Code. Chapter 22.145 Spokane Valley Municipal Code Section is adopted as follows: 22.145.010 Purpose and Applicability. The provisions of chapter 22.145 SVMC apply to all persons or entities constructing, operating, or maintaining facilities in the public rights-of-way and other public property for purposes of conveying water, sewer, solid waste, electricity, natural gas, telecommunication services, and petroleum distillates, whether or not they have a current franchise with the City. Chapter 22.145 does not apply to operators of cable television systems in the City, which are regulated separately pursuant to chapter 3.65 SVMC. The purpose of chapter 22.145 Ordinance 16-*** - Utility Facilities in Public Rights -of -Way, Public Property Page 1 of 4 DRAFT SVMC is to protect the public health, safety, and welfare. Application of chapter 22.145 SVMC is subject to the following limitations: (A) Persons or entities owning or granted easements to operate within the City's rights-of-way or other public property are subject to the provisions of chapter 22.145 SVMC except where state law provides otherwise; (B) Persons or entities having rights pursuant to federal law to operate within the City's rights- of-way or other public property are subject to the provisions of chapter 22.145 SVMC to the extent not preempted by federal law. 22.145.020 Definitions. For the purposes of chapter 22.145 SVMC, the following words and terms shall have the meanings set forth below: "Facility" or "facilities" means all of the plant, equipment, fixtures, appurtenances, and other related property necessary to furnish and deliver water, sewer, solid waste, electricity, natural gas, telecommunication services, petroleum distillates, and/or any other utility that may come in the future, including but not limited to wires, cables, conductors, ducts, conduits, pipes, vaults, manholes, pedestals, amplifiers, appliances, motors, pumps, and attachments, necessary or incidental to the distribution and use of water, sewer, solid waste, electricity, natural gas, telecommunication services, petroleum distillates, and/or any other utility that may come in the future which are located in public rights-of-way or other public property. "Franchise" means the nonexclusive right and authority to construct, maintain, and operate a system to deliver water, sewer, solid waste, electricity, natural gas, telecommunication services, petroleum distillates, and/or any other utility that may come in the future, through use of public rights-of-way or other public property in the City pursuant to a contractual agreement approved by the City Council, and executed by the City and a grantee. "Person or entity" means an individual or legal entity, such as a corporation, partnership, quasi- municipal entity, governmental entity, or cooperative, including successor(s) in interest for such types of entities, whose purpose in whole or in part is to provide water, sewer, solid waste, electricity, natural gas, telecommunication services, petroleum distillates, and/or other utility that may come in the future utilizing the public rights-of-way or other public property of the City. "Public property" means any public rights-of-way, real property, easements dedicated for public use, or other facility owned by the City. "Public rights-of-way" means all property, and the space above and below ground, in which the City has any form of ownership, title, or interest, including easements and adjacent utility strips, which is held for public travel or dedicated for compatible utility purposes, regardless of whether or not any roadway, sidewalk, or utility exists thereon or whether it is used, improved, or maintained for public use. 22.145.030 Non -abandonment of facilities in public rights-of-way or other public property. (A) No facility constructed or owned by any person may be abandoned in public rights-of-way or other public property without the express written consent of the City. A person or entity which has placed facilities in the public rights-of-way or other public property of the City pursuant to an agreement with the City, or its predecessor Spokane County, shall remove all such facilities upon Ordinance 16-*** - Utility Facilities in Public Rights -of -Way, Public Property Page 2 of 4 DRAFT the cessation of said permission to use the public rights-of-way or other public property or upon the cessation of the use of such facility. Such removal shall be completed within 90 days of the end of the agreement or use of the public rights-of-way or other public property, subject to SVMC 22.145.040. (B) A person asserting that they received permission from the City, or its predecessor Spokane County, to abandon facilities in the rights-of-way or other public property shall document such permission by appropriate legislative action by the City Council or their predecessor, the Board of County Commissioners, in order for it to be considered valid and binding on the City. 22.145.040 Delay of removal of facilities. (A) A person or entity may, upon written approval by the City, delay removal of the facilities beyond 90 days. Upon subsequent notification by the City, the person or entity who placed the facilities in the public rights-of-way or other public property shall remove the facilities within 60 days written notice from the City, unless exigent circumstances require that the facilities be removed sooner. Exigent circumstances requiring a shortened timeframe include, but are not limited to, conditions which pose a hazard to the health, safety, or welfare of the public, or because the facilities have collapsed, broke, or otherwise failed and are a risk of damaging the property of the City or others, including other utility providers. Non -exigent reasons for removing the facilities include, but are not limited to, a City project which reasonably may encounter the facilities. (B) Any person or entity that desires to delay removing facilities shall keep an electronic record (GIS or other compatible system) of all such facilities. These records shall be kept up to date as changes (removals) of facilities are made. (C) When the City requests location of a person's or entity's facilities within the public rights-of- way or other public property, the location request shall include the horizontal and vertical location of any and all facilities associated with the specific request. If the exact horizontal and/or vertical location is unknown, it shall be the facility owner's responsibility to properly locate their facility by subsurface investigation means (such as potholing) at their sole expense. 22.145.050 Expense of removing facilities. (A) Any facilities placed in public rights-of-way or other public property continue to be the property and responsibility of the person or entity that placed them there, or their successor in interest. The expense of the removal of such facilities and restoration of the public rights-of-way or other public property that was damaged by the facilities, or by the removal process, shall be the sole responsibility of the person or entity who placed the facilities, or that person or entity's successor in interest. (B) If a person or entity fails to remove facilities pursuant to chapter 22.145 SVMC, the City may incur costs to remove the facilities and restore the rights-of-way or other public property, and is entitled to reimbursement for all costs from the person or entity who owns such facility or their successor in interest, including reasonable attorney's fees and costs of suit. The City shall also be entitled to any delay costs or claims associated with this work against the owner of the abandoned facilities. 22.145.060 Franchise requirements. All franchises granted by the City shall be subject to the requirements of chapter 22.145 SVMC. Ordinance 16-*** - Utility Facilities in Public Rights -of -Way, Public Property Page 3 of 4 DRAFT Section 2: Severability. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause, or phrase of this Ordinance. Section 3: Effective Date. This Ordinance shall be in full force and effect five days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. Passed by the City Council this day of , 2016. CITY OF SPOKANE VALLEY L.R. Higgins, Mayor ATTEST: Approved as to form: Christine Bainbridge, City Clerk Office of the City Attorney Ordinance 16-*** - Utility Facilities in Public Rights -of -Way, Public Property Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2016 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Ecology FY18 Stormwater Water Quality Financial Assistance Grant Funding Programs GOVERNING LEGISLATION: Federal Clean Water Act of 1987 -Section 319, Title 33 U.S.C. 1251-1376, RCW 70.146, 90.46 & 90.50A, WAC 173-95A, 173-98, & 173-240, and Storm and Surface Water Utility: SVMC 3.80. PREVIOUS COUNCIL ACTION TAKEN: Approval of 2016-2021 Stormwater CIP, June 9, 2015, pending approval of 2017-2022 Stormwater CIP, Informational RCA September 20, 2016. BACKGROUND: In August 2016, Ecology announced the opening of the combined financial assistance funding program. Each year, Ecology awards grants and loans on a competitive basis to implement high priority water quality projects throughout Washington State. Proposed projects address point and nonpoint source water pollution control issues. The four main funding programs are: • The Centennial Clean Water Program (Centennial), • The Clean Water Act Section 319 Nonpoint Source Grant Program (Section 319) • The Washington State Water Pollution Control Revolving Fund Program (CWSRF), • Stormwater Financial Assistance Program (SFAP). The anticipated request from Ecology for the State Fiscal Year 2018 funding is: $100M in loans, $30M in SFAP Grants, $30M in Centennial Grants, and $1.6M in Section 319 Grants. The final budget determination is up to the governor and the legislature during the 2017 legislative session. The earliest that funding would be available under this program is July 1, 2017. Staff evaluated the grant criteria and identified several projects that are anticipated to score well and have a high potential to receive funding. Staff reviewed the previously approved 2016-2022 CIP, the proposed 2017-2022 CIP, areas that are continual maintenance problems, complaints, and current regulation to identify projects. Staff recommendations are: Project Name Total Estimated Cost Grant Request Estimated Local Match Stormwater Financial Assistance Program (SFAP) ($'s in 1,000's) Spokane County Regional Decant Facility Canopy $600 $450 $150 Appleway Improvements, Farr to University $1,100 $490 $610 Diversions: Havana, Ponderosa, Dishman-Mica, 14th, 8th $980 $735 $245 Design work for each of these projects is at the 0 to 30 percent design level. If projects are awarded, final design would occur as early as 2018 and construction would be anticipated between 2018 and 2020. Application deadline for these grant programs is October 21, 2016, 5:00 pm. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Review staff recommended projects, other projects suggested by the public and the City Council, and authorize staff to develop a final project list for City Council approval consideration. BUDGET/FINANCIAL IMPACTS: All grants have matching requirements. Match for projects funded through Centennial, Section 319, and non -hardship SFAP funds is 25% of eligible expenses. STAFF CONTACT: Eric P. Guth, PE — Public Works Director Art Jenkins, PE —Stormwater Engineer ATTACHMENTS: October 2016 Stormwater Grant Call Presentation Ecology State Fiscal Year 2018 Water Quality Financial Assistance Ecology Grant Call Issued August 15, 2016 Due October 21, 2016 4 Areas: Centennial Clean Water Program (Centennial) The Clean Water Act Section 319 Nonpoint Source Grant Program (Section 319) WA State Water Pollution Control Revolving Fund Program (Loan) Stormwater Financial Assistance Program (SFAP) Centennial/Section 319 Examples of Centennial projects: stream restoration, agricultural BMPs, OSS repair and replacement, stormwater activities, and protection of drinking water sources Examples of Section 319 projects: watershed planning, water quality monitoring, outreach & education 5o-85% reimbursable for eligible costs, depending on project and local hardship The budget request for these programs is anticipated to be around $30 million. 3 State Revolving Fund (Loans) • Provides loans to finance the planning, design, and/or construction of water pollution control facilities Subsidized/below market interest rates May forgive principal on a limited number of activities or projects Stormwater Financial Assistance Program (SFAP Covers design and construction costs Ecology awards to City from this program: $4.6M since 2012 (5 completed projects) $3.3M (delayed) for 2015-2017 (3 current projects) 75% reimbursable, up to $5,000,000/grant call/city Possible construction: mid July 2018 to mid 2021 Suggest: Appleway, Dishman-Mica to University Diversion Projects & Decant Canopy Projects 5 Proposed Grant Application List Project Name Total Estimated Estimated Grant Local Cost Request Match Spokane County Regional Decant Facility Canopy Appleway Improvements, Farr to University Diversions: Havana, Ponderosa, Dishman-Mica, 14th, 8th $600 $1,100 $98o $450 $490 $150 $610 6 Decant Canopy First utilized spring 2015 Current facility created a 200-300% savings Rapidly catching up with backlog Canopy option expands use during wet periods of year Decant Facility Canopy Additional savings with canopy option & improved sand filter arrangement 9o% design completed Local match mainly from WSDOT (15 to ao% of total) Less than io% of total costs from City Not to exceed X600,000 Construction 8 Appleway Improvements, Farr to University Coordinate w/Appleway Trail Suggest 50/5o split between Street and Stormwater Funds to convert existing dryland swales. 75% Ecology Grant, 25% local match for water quality improvements Submit grant application as a design and construct project starting early 2018 10 A. • Iewa Current Fronta • e Farr to Universit - 5 876 ft Phase 3B 1st WINCO FOODS LLC APPLEWAYCHEVROLET _-- r PR1NG CORP VIVERSITY CITY INC UNIVERSITY CITY INC APPLE WAY COURT 202 SPOKANE UNITED METHODIST HOMES ROMERO MARYLN AVIST AVISTA AVISTA ROCKEE,LLC LIVING TRUST UN IV CITY NELSON MARTIN 8 JUL! E 11RANSIT A Color Un -Improved Dry Swales to Irrigated Exist Irrig. Area to Swale Exist Irrig. Swale 2,909 ft 1 'IR 1 $125,000 1,095 ft $185,000 1,479 ft 393 ft $130,000 $440,000 i $360, 000 $o $130,000 $490,000 $485,000 $185,000 $260,000 $930,000 Diversion Projects Remove up to i8 outfalls that allow public stormwater into Glenrose Drain, Chester Creels, and a City of Spokane combined sewer overflow Highest and most definitive return to City in meeting current NPDES permit requirements Several outfalls have preliminary designs already. $980,00o estimated to cover design & construction (does not include property acquisition needs) Diversion Projects City of Spokane Q 6 City of Spokane Valley Sullivan Bridges r--__— ---1 C-7 pokane Count 1 12 SW Basin & Discharge Map Spokane .000 Val ley Mar 30, 2011 Public Works Department The i-e,Tn•rolor, fro PS .1TISi, hehjeelI. 11. Ci,•111,r:i .alli II" elm.? lite .Jfli11CyU1 !niIIC,IYCYIYTM., grid Ti oxting c..111.1,1, City aiSp.hane vary. Tc Discharge Point Types tilS4 Regulated MS.4 Exemption Eligiele .111 MS4 Ground Inlitralion I> 011,n Govamrrot Private Conveyances au+ drainageway -- pi polculverl SW Treatment Facilities CSV Private • Other Government MS4 Basin Types RoIl.J V.E-1 Exeolpti., Ekjiblu 0 Growl MS4 riatural,Private — City Boundary Surface Walerbodies of the State Basin information Basin No.: 21 Size (acres: 9.9 Est. Population Served: 40 Basin Zoning 0% Industrial D% Commercial D% High/Med Density Residential 100% Low Density Residential MS4 Type: Exemption Eigible 11.3 !Hi 0 110 FueL SW Basin Map No.: 21 13 Questions & Discussion 14 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2016 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Solid Waste Collection Services RFP Development Update PREVIOUS COUNCIL ACTION TAKEN: Administrative Report March 29, 2016, May 31, 2016, August 30, 2016, and September 13, 2016. BACKGROUND: On November 17, 2014, the City entered into contracts for solid waste collection services with Waste Management of Washington, Inc. (WMW) and Sunshine Disposal, Inc. (SDI) to cancel their G -Certificates, extinguish any remaining rights to "measurable damages," and to allow the City to fully assume control of solid waste collection. These contracts maintain the prior services provided by WMW and SDI under their G - Certificates and terminate on March 31, 2018. With the termination date less than two years away, the City is in the process of procuring long- term solid waste collection services through a competitive process. This process will allow the City to seek lower rates and additional services from the selected provider or providers, while still maintaining conformity with the City's adopted Solid Waste Management Plan. To begin the process, staff issued a request for proposals and ultimately selected Epicenter Services, LLC, from the two submittals to assist the City with procurement of solid waste collection services. Staff has been working on the many parts of the solid waste collection Request for Proposals (RFP) with Epicenter Services since its selection in early 2016. Staff provided an administrative report on March 29, 2016, outlining the general RFP process and on May 31, 2016 discussed with Council proposed public survey questions. Staff gave an update and provided a summary report of the public survey results at the August 30, 2016 Council study session. In addition to the public survey, we released a draft of the RFP and proposed contract to five established haulers: Sunshine Disposal, Waste Management, Recology, Waste Connections, and Republic. We received extensive comments from Sunshine, Waste Management, and Recology. Staff has been working closely with the consultant to continue to update and refine the draft RFP and contract in order to have these documents ready for publication and release in October. Staff has incorporated the public comments received from the survey along with the industry review comments. On September 13, 2016, Staff discussed a summary of the RFP and the services the City is seeking through the solid waste collection RFP process. The discussion included an overview of the base level services and the alternatives, the industry review comments, and an overview of the RFP process. One key to this contract is that rates will be fixed with an automatic annual adjustment equal to 90 percent of CPI, beginning on January 1, 2019. As part of the discussion on September 13, staff highlighted that the City is seeking responses that would allow it to consider multiple contracting scenarios. These included awarding an exclusive contract to one hauler to provide all residential and commercial services and a second option to award an exclusive contract to one hauler to provide residential services and a second exclusive contract to a second hauler to provide commercial services (essentially splitting the contracts by line of business). In the September 13 meeting, City Council requested another option to award an exclusive contract for single family residential and one or more non-exclusive contracts for all other services (essentially allowing multi -family and commercial multiple hauler options). Staff has revised the RFP to include that option as well as a fourth option to maintain the status quo and allow an exclusive contract for single family, multi -family and commercial (all route based services), with one or more non-exclusive contracts for drop box services. The scenarios are described in detail on the summary sheet attached. Tonight we are seeking City Council consensus to release and publish the RFP, which is anticipated to occur this week. Next Steps? The following are the next steps in the RFP process: ➢ Issue and publish notice for the RFP ➢ RFP Proposals due January, 2017. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion; consensus for staff to issue and publish the RFP. BUDGET/FINANCIAL IMPACTS: Unknown with regard to Solid Waste Collection Services, however, the City will likely incur little direct cost other than staff time to manage the contract as the selected solid waste provider will be paid by customers; City has contracted with Epicenter Services, LLC, to assist with the competitive procurement process. The contract provides for the City to pay Epicenter for services up to $47,500. Costs for the consultant will be paid from the City's solid waste administrative fee. STAFF CONTACT: Eric Guth, Public Works Director Erik Lamb, Deputy City Attorney Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: Solid Waste Collection Contract Procurement Update RFP (including draft Contract included as part of the RFP) Solid Waste Collection Contract Procurement Summary The following highlights the major services and provisions to be maintained or enhanced in the new contract as shown in Tables 1 and 2. A summary of the Industry review comments is provided in Table 3 with a City response for each comment. The proposed RFP selection process is described in Table 4. RFP Timeline Time Frame Document preparation Legal Review Check-in with Council (status report/decision points) Public survey process Draft RFP issued for industry review Industry comments due Issue and publish RFP documents Deadline for proponent questions Proposals due Proposal evaluation, interviews (if necessary) City Council review (alternatives selection/best and final) Selection, finalization of contract City Council Contract approval Transition Container delivery or relabeling Start of collection services January — September 2016 August/September 2016 May 2016 June/July, 2016 July 8, 2016 August 8, 2016 October 7, 2016 November 2, 2016 January 9, 2017 January/February 2017 February/March 2017 March/April 2017 April, 2017 April 2017 -March 2018 March 2018 April 1, 2018 Contracting Award Scenarios (includes option requested by City Council at September 13, 2016 meeting) One Exclusive Contract (Base Contract): This scenario reflects the base contract included with the RFP. One single contract would be awarded as a result of the RFP process. The advantage of this approach is having a large contract with economies of scale to attract competition and reduced staff time to administer one contract. The disadvantage is that smaller competitors that might be able to provide lower cost service on certain lines of business (e.g. commercial or drop -box service) would be unable to compete on one single contract. Separate A: Exclusive Single -Family and B: Non -Exclusive Commercial/Multifamily/Drop-box Contracts (Council -directed Alternative). The single-family contract would be exclusive. All remaining services (commercial cart and container, multifamily cart and container, and drop -box) would be performed under non-exclusive contracts with two or more providers. The advantage of this approach is that commercial and multifamily customers would possibly be able to choose from at least two service providers. The disadvantage is that rates might be higher due to lower route density for regular commercial/multifamily service and routes would be duplicated with additional impacts to traffic. Pricing for an exclusive commercial/multifamily/drop-box contract will also be requested to allow us to more accurately assess the benefits of exclusive versus non-exclusive contracting in case Council 1 prefers to split exclusive contracts by those lines of business. In that event, Council would be able to specify that scenario in the best and final round of the procurement. Separate A: Single-family/Commercial/Multifamily and B: Drop -box Contracts. (Status Quo Alternative) The single-family and commercial/multifamily cart and container contract would be exclusive and only the drop -box contracts would be non-exclusive. The advantage of this approach is that one contract would be awarded for all route -based services, which could provide route density and economies of scale, which should reduce rates, while drop -box service (which does not depend on sequential routing) would be open to two or more competitors. The disadvantage of this approach is that the City will need to administer two or more contracts and it is possible that rates might be higher than if one contractor has the entire drop -box business and has a larger customer base. This scenario is the current status quo situation where Waste Management provides services to all line of business and Sunshine Disposal provides drop -box collection in competition with Waste Management. Evaluating these scenarios will require proponents to separately identify the impact of the scenarios on each line of business. By evaluating the RFP results, the City will be able to determine the rate impacts of the various contract award scenarios and alternatives and recommend a final package to the Council for a best and final round of rates. 2 Table 1: Key BASIC Services and Provisions Service/Provision X Ten year contract, w/ option for two 2 -yr extensions X Weekly garbage service (Monthly service also available) (subscription based) X Weekly yard/food waste service March -November (subscription based) X Monthly winter yard/food waste service (December -February) (subscription based) X Every other week recycling service (included with garbage subscription) X Embedded recycling (Included in garbage rate) for single family and multi -family garbage subscription X Same day pickup of garbage, recycling, and yard waste X All garbage taken to University Transfer Station X No cart rental fees; customer can use own can X City may, at its option, own or assign carts and containers to next contractor at end of term X Multiple available sizes of recycling and yard waste carts X Same sizes of residential and commercial carts/drop boxes/dumpsters available as are currently offered X Same day or next day recovery of missed pick-ups X Disabled person service at no additional charge X Single family and multi -family Christmas tree collection X Trash/recycling drop-off locations after 2 weeks of no service X Labor disruption performance fees X Vehicles equipped with live route -tracking technology X Any leakage or spillage from vehicles immediately cleaned up by contractor X Site planning and building design review X On-call bulky item collection (for extra fee) 2 X Optional performance review X Option to test pilot programs X Special event services (for fee) X Customer service and reporting requirements X Improved assistance with multi -family education and outreach X Drop -box container provided within three days of request X Rates are fixed with automatic annual adjustment equal to 90% of CPI Table 3: Summary of Industry Review Comments (general represented below) Comments were received from Waste Management, General Industry Comment Table 2: Contract ALTERNATIVES Service/Provision 1 Universal Carts (Customers required to use contractor carts) 2 Annual Event Household Clean up (Garbage, Furniture, Appliances) (no extra charge) 3 Annual Household Cleanup (Garbage, Furniture, Appliances) (On -Call Scenario) (no extra charge) 4 Yard/Food Waste Collection Every Other Week in Winter 5 Yard/Food Waste Collection — No Winter Collection 6 Yard/Food Waste Collection Weekly Year -Round 7 Embedded Weekly Year -Round Yard/Food Waste Collection (Included in Garbage Rates) 8 Embedded Split Schedule Yard/Food Waste Collection (Included in garbage rates) 9 Special Annual Yard Debris Clean -Up (no extra charge) 10 Weekly Recycling Collection 11 Premium Commercial Service (locks, unlocking, no gate fees, no roll-out fees) Table 3: Summary of Industry Review Comments (general represented below) Comments were received from Waste Management, General Industry Comment overview, not all comments are Sunshine, and Recology City Response Desire to make carts mandatory (i.e., no personal garbage cans, only hauler -provided carts). City has included universal carts as an alternative to determine whether there are cost benefits to ratepayers that make this a desirable option. General concerns about details on alternatives. Details will be provided and worked out as part of contract finalization for any alternative selected by City Council. Bifurcate Alternative #2 (Household clean-up program) to two separate alternatives: one for an annual program (one-time pick-up on a set date) and one for an annual on- call program (customer may call in the date for their annual one-time pick-up). Agreed to separate into two alternatives, as cost implications would be different for each alternative. Request to modify the rating criteria to provide more weight on qualitative review aspects (e.g., customer service, etc.). Modified weighting to 75 points for price and 25 points for qualitative aspects (from 85/15 split). Will garbage service be made mandatory for all Spokane Valley residents? No, this is not being proposed. Solid Waste collection services under this contract will only be for subscribing customers. 3 Requested clarification on certain recyclable and compostable items (e.g., food-soiled cardboard as compostable?). Contract language was clarified based on current composting and recycling services. Modify missed collection pick-up to allow more flexibility in returning to pick-up missed pick-ups (e.g., hauler cannot pick up a missed house if they are notified five minutes from the end of the business day). Agreed. Contract language was modified to allow flexibility in picking up missed collections. Note that the proposed contract provisions are still more customer-friendly than the current contract. Modify contract language to ensure hauler is not responsible for keeping commercial garbage areas clean. Agreed. Contract language was clarified. What is the haulers' responsibility for providing recycling and solid waste education? Contract provides for haulers to assist the City in providing mailed materials to customers regarding recycling and compostable options so that City can meet the requirements of its Solid Waste Management Plan. Desire to allow haulers to have more opportunities to increase or negotiate rates in the event of a variety of changed circumstances. Contract provides for certain options for increasing rates, such as a change in law that directly impacts the rates. However, City desires to maintain clear and limited opportunities for modifying rates so that customers are not surprised and haulers cannot continually change or increase rates. Desire to modify the basis for the calculation of the annual CPI increase. The City prefers to use the same CPI that it has been using for other contracts to ensure consistency in any contractual increases. Modify and lessen the performance fees. Performance fees are a last resort for the City to ensure a hauler is providing the service we expect for our citizens. Accordingly, these fees are meant to be of a sufficient value to encourage haulers to comply with the contract and work with the City on any service deficiencies. 4 Action Table 4: RFP Selection Process Description Release RFP Release RFP to prospective haulers. Answer RFP Questions Haulers may submit any questions on RFP for clarification; City will provide responses as appropriate. Proposals submitted to City Haulers submit proposals; proposals include all prices for base services and prices for all alternatives. Proposal evaluation by City Staff Price to Qualitative Evaluation Price is worth 75 points. Qualitative is worth 25 points. Qualitative Review Includes: • Customer service record and/or plan; • Ability and plan to implement contract; • Transition plan; • Recycling and compostables collection ability; and • Ability to maintain collection fleet and general operations. Staff recommendation to City Council Staff will evaluate submittals, determine the probable impacts of various contracting scenarios and alternatives, and provide recommendations on the next course of action. Note that the qualitative scoring of proposals will not be complete at this stage, as staff will still be conducting interviews, checking references, and reviewing operational capabilities throughout the best and final step. City Council review and direction on next steps City Council will review staff recommendations and determine its preferred contracting scenario and package of services. "Best and final" round responses (if selected by City Council) Haulers respond to selected alternatives and provide revised "best and final" rates for all base and selected alternatives for price evaluation. Staff recommendation to City Council Staff will score the qualitative and quantitative aspects of proposals and provide City Council with the results of this analysis. City Council Contract Approval Review staff recommendation and award contract(s). Finalize and execute contract City and selected hauler finalize contract; City Council authorizes execution of contract(s). 5 Council Draft 10.04.10 Request for Proposals (RFP) for: SOLJ[) WASTE, rrCYCLAILES, & CO POSTABLES COLLECTION City of Spokane Valley 11707 E. Sprague Ave, Suite 106 Spokane Valley, WA 99206 October 7, 2016 City of Spokane Valley Request for Proposals i October, 2016 City of Spokane Valley - Request for Proposals Garbage, Recycling, and Compostables Collection and Disposal/Marketing Table of Contents SECTION 1: INFORMATION FOR PROPONENTS 1 1.1 INTRODUCTION 1 1.2 EXISTING COLLECTION SYSTEM 2 1.3 GENERAL TERMS 5 SECTION 2: INSTRUCTIONS TO PROPONENTS 7 2.1 DEFINED TERMS 7 2.2 COPIES OF PROPOSAL DOCUMENTS 8 2.3 EXAMINATION OF PROPOSAL DOCUMENTS 8 2.4 INTERPRETATIONS, SCHEDULE AND ADDENDA 10 2.5 PROPOSAL SECURITY 11 2.6 CITY INVESTIGATIONS AND PROCESS DECISIONS 11 2.7 PROPOSALS 12 2.8 PREPARATION OF PROPOSAL FORMS 13 2.9 SUBMISSION OF PROPOSALS 13 2.10 MODIFICATION OR WITHDRAWAL OF PROPOSALS 14 2.11 BASIS OF AWARD 14 2,12 PROJECT START DATE 19 2.13 PUBLIC DOCUMENTS AND DISCLOSURE 19 2.14 DISCLAIMER OF COSTS 20 2.15 INSTRUCTIONS FOR SUBMITTING A RESPONSIVE PROPOSAL 20 2.16 PROCESS INTEGRITY REQUIREMENTS 20 SECTION 3: PROPOSAL INSTRUCTIONS AND FORMS 21 SECTION 4: APPENDICES Appendix A: Contract with City Service Area Map Appendix B: 2015 and 2016 YTD Tonnage Reported by Existing Contractors Appendix C: Forms 2a -h City of Spokane Valley Request for Proposals ii October, 2016 SECTION 1: INFORMATION FOR PROPONENTS 1.1 INTRODUCTION The City of Spokane Valley ("Spokane Valley" or "City") is requesting Proposals from qualified companies for solid waste collection services within the city. This Request for Proposals ("RFP") is for the following services: residential and commercial garbage, recycling and compostables collection, and the processing and marketing of collected recycling and compostables. The initial Contract term shall be for ten years, from April 1, 2018 through March 31, 2028; Spokane Valley shall have an option for two additional two-year extensions. Spokane Valley is largely seeking a continuation of the existing solid waste collection services with various service improvements and revisions as described in the attached Contract. However, the City is using this process to investigate a number of different contracting scenarios: 1. One Exclusive Contract (Base Contract): This scenario reflects the base contract sought through the RFP. One exclusive contract would be awarded to a single Selected Proponent for all services as a result of the RFP process. 2. Separate Exclusive Single -Family Contract and Exclusive or Non -Exclusive Commercial/Multifamily/Drop-box Contracts. These scenarios assume awarding one exclusive single-family service contract. All remaining services (commercial cart and container, multifamily cart and container, and drop -box) would be performed either under a separate exclusive contract with a different provider or non-exclusive contracts with two or more providers. 3. Separate Exclusive Single-family/Commercial/Multifamily Contract and Non -Exclusive Drop -box Contracts. The single-family and commercial/multifamily cart and container services would be awarded to a single Selected Proponent under an exclusive contract. the remaining drop -box services would be performed under separate non-exclusive contracts with two or more providers. This scenario is the current status quo situation where Waste Management provides services to all line of business and Sunshine Disposal provides drop - box collection in competition with Waste Management. Spokane Valley also seeks several collection service enhancements or alternatives, as listed in RFP Section 1.3.2. Proponents shall complete a base proposal, based on the services described in the attached Contract (in Section 4); with the costs of proposal alternatives separately identified on the specified proposal forms. Proponents may also submit alternative or expanded proposals in addition to the mandatory response to the base proposals and RFP alternatives outlined in this document. The City reserves the right to consider or reject any alternative or expanded proposals. During the initial round of review, the City shall compare all proposals based solely City of Spokane Valley Request for Proposals 1 October, 2016 upon the mandatory responses required for the base proposal, including contracting scenarios, and RFP alternatives outlined in this RFP. The City may make a final determination based upon the responses in the initial round of review. The City may, but is not required, to conduct a best and final round of review. See Sections 2.11.1 and 2.11.2 of this RFP for a detailed description of the evaluation and selection process. If the City opts to conduct a best and final round of review, the City shall provide all Proponents an opportunity during the best and final round to respond to the alternative or expanded proposals selected by the City after the initial review. Proponents shall note that the City currently contracts for solid waste transfer, transport, and disposal services with Sunshine Recyclers, Inc. at the Sunshine University Transfer Station (the "University Transfer Station"). As part of that contract, the City is obligated to require any selected hauler to dispose of all collected garbage at the University Transfer Station. Haulers are free to use any disposal, recycling, or composting facility for recyclables and compostables collected. See RFP Section 1.2 for more details on the existing system. Preliminarily, for the purposes of consistency and clarity, the defined terms of the Contract retain those defined meanings set forth in this RFP. Defined terms are generally capitalized and are applicable to the singular and plural, or masculine or feminine. This RFP is organized into four sections: Section 1: Information for Proponents provides background information regarding Spokane Valley's solid waste collection system ("the Project") and generally describes the services to be performed by the Contractor according to the terms of the Project. Section 2: Instructions for Proponents provides instructions for submitting a responsive Proposal, and includes the procedures Spokane Valley shall follow in choosing the winning Contractor (or "Selected Proponent"). Section 3: Proposal Forms includes the questions that must be answered and the forms that must be completed for a Proposal to be responsive to the RFP. Section 4: Appendices include: (A) the Contract for the Project and Service Area map that will be entered into by Spokane Valley and the Contractor, potentially subject to revisions during finalization as described in this RFP. The Contract reflects the base contract proposal and will be revised to incorporate any contracting scenario or proposal alternatives selected by Spokane Valley; (B) 2015 and 2016 YTD collection data from Spokane Valley's current contractors (Waste Management and Sunshine Disposal); and (C) RFP Forms 2a -h. 1.2 EXISTING COLLECTION SYSTEM City of Spokane Valley Request for Proposals 2 October, 2016 This section generally describes the existing solid waste collection system. Carefully review the Contract (attached as Appendix A this RFP) to determine the scope of operations envisioned under the new Contract. The City of Spokane Valley is a non -charter code city organized under Title 35A RCW, and has a Council -Manager form of government. The City Council consists of seven members elected at - large. The Mayor is elected by his fellow Councilmembers, and serves as the Chair of the Council. The City Manager directs all City operations. The City Manager seeks at all times to develop and implement a "best practices" approach in operating the City government and to achieve a balanced, efficient, economical, and quality service delivery. The City of Spokane Valley incorporated March 31, 2003, and is currently the ninth largest city in Washington, encompassing 38.5 square miles. Its current population is approximately 93,000. The City is part of the larger Spokane metropolitan area of approximately 450,000. The City generally considers itself to be a "contract" city, with many core services provided by contract with private or other public entities, including solid waste services. In 2014, the City assumed management of its own solid waste system, which included contracts for solid waste transfer, transport, and disposal with Sunshine Recyclers, Inc. and solid waste collection as described below. In accordance with State law, the City adopted a comprehensive Solid Waste Management Plan to direct the City's solid waste system. A description of the City's solid waste system, including a link to the City's Solid Waste Management Plan is located at: http://www.spokanevalley.org/content/6836/6916/default.aspx. Waste Management and Sunshine Disposal are Spokane Valley's current contractors, operating under transition contracts/franchises with services equivalent to those previously provided under their WUTC certificates. Waste Management provides residential, commercial detachable container and drop -box services, while Sunshine Disposal provides drop -box services. Garbage collection is not mandatory within the City of Spokane Valley. The contractors manage all aspects of customer service and billing for their services. Additional information on the City's solid waste collection system is available on the City's website: http://www.spokanevalley.org/content/6836/6916/8419/default.aspx. The current contracts for solid waste collection services terminate on March 31, 2018. Appendix B includes full -year 2015 and 2016 year-to-date collection data provided by the existing contractor(s), including customer counts by service level and tonnages by material stream and customer sector. Single -Family Collection Single-family residences are provided weekly collection of garbage, every -other -week recycling and split -schedule collection of compostables (weekly March -November, monthly December - February) under a WUTC cost -of -service rate structure. Residents use their own containers or contractor -provided carts for garbage collection. Universal recycling and subscription City of Spokane Valley Request for Proposals 3 October, 2016 compostables collection is provided to customers using contractor -provided carts. Additional information about the current program is on Waste Management's website for Spokane Valley: http://wmnorthwest.com/spokanevalley/index.html. The website includes the range of materials accepted, days of collection, starting time and other descriptions of the current program. Multifamily Collection Multifamily residences are provided with cart or commercial -style garbage services as well as a recycling program that accepts the same materials handled by the single-family recycling program. Multifamily commingled recycling collection is provided through carts and/or detachable containers. The multifamily recycling program is provided for all customers at no additional charge, and the costs are added to garbage collection fees. Compostables collection service is provided for an additional fee. Commercial Collection Commercial garbage collection is provided by Waste Management through the use of contractor -owned carts, detachable containers and drop -boxes, as well as some customer - owned containers. Sunshine Disposal also provides drop -box services. A range of sizes and collection frequencies are available to customers. An electronic list of commercial customers and container sizes is available to qualified proponents in MS Excel format. Additional information is available on the Waste Management website listed above and on Sunshine Disposal's website: http://www.sunshinedisposal.com/commercial/commercial-garbage/. Containers The current contractors own their own carts, detachable containers and drop -boxes. The City does not have an option to gain ownership at the end of the current contracts. Disposal All collected garbage is delivered to the Spokane Valley contracted transfer station designated by the City's comprehensive solid waste management plan and pursuant to the City's solid waste transfer, transport, and disposal services contract with Sunshine Recycler's, Inc. (the City's "Disposal System"). The transfer station is operated by Sunshine Recycler's, Inc., which ships the collected garbage to a Waste Management landfill. As described above, the Selected Proponent shall be required to bring collected garbage to the City's Disposal System. However, the Selected Proponent is not required to bring collected recyclables or compostables to the City's Disposal System and may use any other lawful facility or method for recycling or composting of collected recyclables and compostables. City of Spokane Valley Request for Proposals 4 October, 2016 Administration Spokane Valley manages solid waste functions through its Public Works Department. Staff administers collection contracts, interfaces with state, regional and local agencies, develops and administers policy on solid waste as well as a range of conservation and sustainability issues, develops strategic partnerships and programs, and coordinates related outreach, marketing and education within the community. The Selected Proponent is responsible for ensuring safe, efficient, reliable and responsive solid waste collection services. In addition, the Selected Proponent must produce and distribute public information about recycling, collection schedule changes (such as holiday hours), and promote new collection services. The contractor bills customers directly without City involvement. Proposal Form 2 provides a listing of the base service levels for each contracting scenario and alternatives for the new Contract and customer counts (where available) for services provided under the current solid waste collection system. 1.3 GENERAL TERMS 1.3.1 General Scope of the New Contract; Base Proposal Spokane Valley is requesting Proposals from qualified firms for solid waste collection services within the Service Area. These services include: garbage, recyclables and compostables collection for all sectors; the disposal of all garbage through the City's Disposal System; and the processing and marketing of collected recycling and compostables. The Contractor shall be responsible for all aspects of the contracted services, including but not limited to providing equipment, labor, supervision and supplies necessary to perform the contracted services. The Contractor shall be solely responsible for providing carts, detachable containers and drop -boxes necessary for all collection services to city Customers. The Contractor shall be responsible for all customer service including billing, monitoring and service improvement, establishing customer accounts, handling requests for changing service levels, billing, collecting and posting customer payments and handling misses and other service - related calls, e-mails and other forms of contact. Spokane Valley intends to procure, at a minimum, a base Proposal for the collection system and services as described in the Contract. Proponents responding to this RFP shall provide Proposals that meet the requirements of this RFP, including the base Proposal requirements for each contracting scenario and provide the base Proposal services as set forth in the Contract, attached to this RFP in Appendix A. The description set forth in this RFP Section 1.3.1 is a general description and summary of the City's requested services and shall not be the basis for any dispute over the City's requirements for its base Proposal or selection of a Contractor. The City of Spokane Valley Request for Proposals 5 October, 2016 specific contract provisions for the base Proposal are not repeated in this RFP; Proponents must carefully review the Contract for specific requirements. The Contract attached in Appendix A covers all lines of business. The City reserves the right to split the collection services by line of business (e.g., residential and commercial/multi-family) and/or into exclusive or non-exclusive contracts based upon the responses to this RFP. In the event that the City splits the collection contract, the City shall provide a modified contract for each line of business with such modifications as are appropriate and applicable to such particular line of business. Modification of the contract based upon the split by line of business shall not constitute an option for negotiation of any terms of the original Contract other than those that may have been identified by the Proponent in its Proposal as provided in RFP Section 3.1(E). 1.3.2. Proposal Alternatives Proponents shall also provide pricing for the following service alternatives: 1. Universal Carts: Under this alternative, the Contractor will provide all single-family and commercial can customers a wheeled cart and the cost of all carts will be included in the respective rate for the garbage service level. Rental fees will be eliminated and the Contractor will be able to optimize routes for automated collection. 2. Household Clean-up (Annual Event Scenario): This alternative provides for an annual event -based clean-up program to allow each single-family Customer to place up to one cubic yard of garbage at the curb for collection on the Customer's regular collection day, provided that any individual item is no larger than three feet by three feet and weights no more than sixty-five pounds, plus two bulky items such as couches, appliances and large chairs. 3. Household Clean-up (On-call Scenario): This alternative provides for an on-call clean-up program where each single-family Customer may place up to one cubic yard of garbage at the curb for collection on the Customer's regular collection day one time each year. The same size and weight limits listed for Alternative #2 would apply. 4. Subscription Split -Schedule Compostables Collection with Every -other -Week Winter Collection: This Proposal alternative is a variation of the base contract where the winter schedule would be shifted to every -other -weekly collection instead of the current/base scenario of monthly collection. 5. Subscription Spring/Summer/Fall only Weekly Compostables Collection: This Proposal alternative continues the current weekly schedule from March through November and discontinues collection during the months of December, January and February. Carts would remain in place at subscribers' residences during the service suspension. (This is a similar approach to that used in the City of Spokane.) City of Spokane Valley Request for Proposals 6 October, 2016 6. Subscription Weekly Year -Round Compostables Collection: This Proposal alternative increases compostables collection frequency to weekly year-round. 7. Embedded Split -Schedule Compostables Collection: The base Proposal assumes the continuation of the subscription -based compostables collection system. This Proposal alternative would make the base contract's split -schedule compostables collection an embedded service, similar to recycling collection, and all Single -Family Customers would pay for the service as part of their garbage rate. S. Embedded Weekly Year-round Compostables Collection: The base Proposal assumes the continuation of the subscription -based split -schedule compostables collection system. This Proposal alternative would make weekly year-round compostables collection an embedded service, similar to recycling collection, and all Single -Family Customers would pay for the service as part of their garbage rate. 9. Special Yard Debris Clean-up: The base Proposal assumes the continuation of the current limits on compostables collection, with extras charged for materials in excess of the 96 -gallon cart capacity. This alternative adds an additional capacity of 192 gallons (equal to two additional 96 -gallon carts) of yard debris collected without additional charge as directed by the City, with a limit of one event per year maximum. 10. Weekly Recycling Collection: The base Proposal assumes the continuation of every - other -week recycling collection. This Proposal alternative shifts recycling collection to a weekly schedule. 11. Premium Commercial Service: This alternative provides for City-wide implementation of a higher -than -current level of Detachable Container service, including lock provision, unlocking, no gate fees and no roll-out fees up to 25 feet. Directions for presenting Proposals for these alternatives are provided in the Form 2 instructions in Section 3 of this RFP. SECTION 2: INSTRUCTIONS TO PROPONENTS 2.1 DEFINED TERMS Terms used in these Proposal Documents that are defined in the RFP and/or Contract have the meanings assigned to them therein. • "Contract" means the Comprehensive Garbage, Recyclables, and Compostables Collection Contract, to be entered into by the City and the Selected Proponent(s) after completion of the RFP process. A copy of the Contract is attached to this RFP in Appendix A. City of Spokane Valley Request for Proposals 7 October, 2016 • "Day" or "Days" means calendar days unless otherwise specified. • "Proponent" means a contractor that submits a Proposal directly to Spokane Valley. • "Proposal" means a formal response to the RFP submitted by a Proponent to Spokane Valley that shall include all necessary documents, information, security, rates, proposed modifications to the Contract, and any alternative or expanded modification to the base proposal in compliance with the RFP. • "Proposal Documents" include the Advertisement for Proposals and the Request for Proposals, including the Information for Proponents, the instructions to Proponents, the Proposal Forms and the Contract, together with any attached or referenced appendices, exhibits or addenda. • "Selected Proponent" means the Contractor or Contractors to whom Spokane Valley makes an award as provided in the Award of Contract section of these Instructions to Proponents. 2.2 COPIES OF PROPOSAL DOCUMENTS Complete sets of the Proposal Documents shall be used in preparing Proposals, and may be obtained by written request from: Public Works Director Eric Guth City of Spokane Valley 11707 E. Sprague Ave, Suite 106 Spokane Valley, WA 98206 E-mail: eguth@spokanevalley.org In making copies of the Proposal Documents available, Spokane Valley does so only for the purpose of obtaining Proposals on the Project, and does not confer a license or grant for any other use of these documents. 2.3 EXAMINATION OF PROPOSAL DOCUMENTS It is the responsibility of each Proponent to do the following before submitting a Proposal: • Carefully review the Proposal Documents and inform Spokane Valley in writing of any objections to any document or portion of the Proposal Documents, including but not limited to the Contract requirements. Proponents shall include in objections any terms of the Contract that the Proponent is unable to meet and/or terms that the prospective Proponent believes are preferential to a particular Proponent. City of Spokane Valley Request for Proposals 8 October, 2016 • Notify Spokane Valley in writing of your company's interest in this RFP and provide the name, e-mail address and phone number of the person to whom RFP addenda and related information should be directed. An e-mail to Spokane Valley's contact listed in Section 2.2 shall be considered written notice for purposes of this Section 2.3. The City shall not provide addenda or other information to any company who has not provided written notice as required pursuant to this Section 2.3. • Carefully examine all of the Proposal Documents and any related attachments. • Become familiar with local conditions that may affect costs, implementation, progress, performance or furnishing of the services or equipment required under the Contract. • Consider federal, state and local laws, statutes, ordinances, regulations and other applicable laws, executive orders and/or guidelines ("Laws") that may affect costs, implementation, progress, performance or furnishing of the services or equipment required under the Contract, including, but not limited to, applicable regulations concerning: industry wage rates; nondiscrimination in the employment of labor; minority- and women -owned business enterprise requirements; protection of public and employee safety and health; environmental protection; protection of natural resources; fire protection; emergency preparedness; solid waste handling facility standards and permits; and other permits, taxes and fees. • Submit any questions concerning the Proposal Documents in writing to Spokane Valley in a timely fashion in order that the questions may be answered in an addendum to be issued by Spokane Valley. • Notify Spokane Valley in writing of any conflicts, errors, omissions or discrepancies in the Proposal Documents. • Obtain all required signatures on the Proposal Forms. Before submitting a Proposal, each Proponent shall, at the Proponent's own expense, make or obtain any additional examinations, investigation, research and studies, and obtain any additional information and data that may affect costs, implementation, progress, performance or furnishing of the services or equipment required under the Contract, and that the Proponent deems necessary to determine its Proposal, Proponents are expected to be knowledgeable about the Service Area, to understand Spokane Valley's terrain, streets and alleys, and to be knowledgeable concerning the locations for cans, carts, detachable containers and other receptacles used for garbage, recycling and compostables collection. Proponents are expected to confirm and assure to the City's satisfaction that their equipment and personnel can make the collections and provide the services called for under the Contract. City of Spokane Valley Request for Proposals 9 October, 2016 Additionally, Proponents are expected to be knowledgeable about customer service, service standards, complaint resolution, quality management and other matters necessary to ensure and provide high quality customer service throughout the term of the Contract. 2.4 INTERPRETATIONS, SCHEDULE AND ADDENDA All questions concerning the meaning or intent of the Proposal Documents and notifications concerning any conflicts, errors, omissions or discrepancies in the Proposal Documents are to be directed, in writing, to the contact person specified in Section 2.2. Questions shall be received no later than 4:30 PM on November 2, 2016, in order to be considered. The City shall not be required to respond to any questions or requests after 4:30 PM on November 2, 2016. Spokane Valley shall answer all questions via written addenda to this RFP to all Proponents who have provided notice of its interest pursuant to Section 2.3. Proponents shall note receipt of each addenda on the completed Form 5 (Certification) submitted with a Proposal. The City reserves the right to modify the proposed Contract or any of the other Proposal Documents prior to the receipt of Proposals with notice to parties that submitted a written notice and request for Proposal Documents pursuant to Section 2.3. Questions unresolved through the industry review process regarding interpretations of Contract language or service/tonnage data provided shall be asked at this point in the process prior to 4:30 PM on November 2, 2016. The successful Proponent shall be expected to execute the proposed Contract as included in this RFP, with only such amendments provided by the City in response to Proponent questions received prior to 4:30 PM on November 2, 2016, or as made solely by the City in the event the City determines to split the collection services by line of business as described in the contracting scenarios (e.g., residential and commercial/multi- family). The City shall not allow any other exceptions or other modifications to the Contract. Spokane Valley has set the following schedule for receipt and review of the Proposals. Spokane Valley reserves the right to modify this schedule if deemed necessary. PROCESS SCHEDULE Event Time Frame Issue and Publish Notice of Proposal Documents October 7, 2016 Deadline for Proponent Questions 4:30 PM, November 2, 2016 Proposals Due 4:30 PM, January 9, 2017 Proposal Eval., Interviews, B&F Round January/February, 2017 Selection, Finalization of Contract March, 2017 Recommendation to City Council March/April, 2017 City Executes Contract April, 2017 Contractor Delivers Transition/Implementation Plan July, 2017 Container Delivery or Relabeling March, 2018 Start of Collection Services April 1, 2018 City of Spokane Valley Request for Proposals 10 October, 2016 The submission of a Proposal shall constitute an incontrovertible representation by the Proponent that the Proponent has complied with every requirement of these Instructions to Proponents, that without exception the Proposal is premised on Proponent being able and willing to perform and furnish the services, labor and equipment required by the Proposal Documents by such means, methods, techniques, sequences or procedures as are required by the Proposal Documents, and that the Proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the services and equipment required under the Contract. 2.5 PROPOSAL SECURITY BOND Each Proposal shall be accompanied by a Proposal Security Bond ("PSB") made payable to the City of Spokane Valley in the amount of Fifty Thousand Dollars ($50,000) and in the form of the Proposal bond as provided in the Proposal Forms. The PSB from the Successful Proponent shall be retained by Spokane Valley until that Proponent has executed the Contract and furnished insurance and a performance and payment bond as required pursuant to the Contract, whereupon the PSB shall be released. If the Selected Proponent fails to execute and deliver the Contract, as negotiated, and fails to deliver required Contract documents within one week after the Contract is finalized and ready for execution, Spokane Valley may withdraw its offer to contract with the Proponent, and the PSB of that Proponent shall be forfeited, with no exceptions. The PSB shall be retained as liquidated damages by Spokane Valley, and by submittal of a Proposal, the Proponent agrees that this sum is a fair minimum estimate of the amount of damages that Spokane Valley will sustain in the event that the Selected Proponent fails to execute the Contract or furnish proof of insurance acceptable to Spokane Valley. Spokane Valley does not waive its rights to recover additional damages it incurs above the PSB amount. The PSB of other Proponents whom Spokane Valley believes to have a reasonable chance of receiving the award may be retained by Spokane Valley until after (1) the Contract Execution, or (2) 180 days after the Proposal opening, whichever is earlier, whereupon the PSB furnished by those Proponents shall be released. PSB with Proposals that are not found to be responsive shall be returned no later than 60 days after the Proposal opening. 2.6 CITY INVESTIGATIONS AND PROCESS DECISIONS As part of the RFP evaluation process, Spokane Valley reserves the right to do any or a combination of the following: • Contact staff from other jurisdictions regarding their experiences with Proponent; • Visit a Proponent's facilities, including proposed processing facilities, and view proposed vehicles and equipment; City of Spokane Valley Request for Proposals 11 October, 2016 • Meet the Proponent's personnel, including interviewing the Proponent's route, operations, management, financial and customer services personnel during the performance of their regular duties; • Retain independent consultants for assistance in evaluating Proposals and provide proposal materials to those consultants; • Request clarification or additional information from a specific Proponent in order to assist in Spokane Valley's evaluation of a Proposal; • Require changes in the Contract that Spokane Valley deems necessary; • Decline to award a Contract or Contracts for services as a result of this RFP process; • Discontinue negotiations with the Selected Proponent or any Proponent, and commence discussions with any other responsive Proponent; • Withdraw the RFP and/or reject any or all Proposals; • Not award to any or all Proponents and issue a subsequent request for bids or request for proposals based on refinements of concepts proposed in response to this RFP; or • Seek other investigations, inquiries, reviews or clarifications which would allow Spokane Valley to make informed decisions. 2.7 PROPOSALS Each Proponent's Proposal shall provide unit prices for all service levels indicated on the appropriate Proposal forms. All Proposals shall be provided in year -2018 dollars. The Proposal unit prices shall be used, in part, to determine the Selected Proponent as described in the Basis of Award section of these Instructions to Proponents. All costs, including overhead and profit, and non -itemized taxes, fees or surcharges imposed by federal, state or local laws (see Form 2 instructions for details), for which the Proponent expects to receive payment as a result of the Project shall be included in the unit prices, unless otherwise specifically directed. The data on the existing Project concerning number of customers and collection tonnages should be viewed as estimates and are presented solely as the basis for calculations on which the award of the Contract will be made. Actual results experienced during the operation of the Project may differ. City of Spokane Valley Request for Proposals 12 October, 2016 NOTE: The City of Spokane Valley does not require mandatory solid waste collection services and cannot provide any guarantee as to the number of customers that may utilize the Selected Proponent. By submitting a Proposal, the Proponent is committing to commencement of collection services by April 1, 2018, and to comply with each term of the Contract and corresponding portion of its submitted Proposal. 2.8 PREPARATION OF PROPOSAL FORMS All blank spaces in the Proposal Forms shall be completed to be considered and no changes shall be made to any of the Proposal Forms. If forms submitted by a Proponent are substantially different than the Proposal Forms, the City may deem the Proposal non- responsive. The Proposal prices shall be inclusive of all costs of providing the services, labor and equipment required under the Contract. Spokane Valley may, at its sole discretion, deem any Proposal non-responsive to the base proposal that contains omissions, erasures, alterations or additions of any kind, or prices uncalled for, or obviously unbalanced, or any Proposal that in any manner fails to conform to the conditions of this RFP for the base proposal. The Proponent shall sign its Proposal in ink in the blank space provided and all names shall be typed or printed below the signature, along with evidence that the Proponent is a duly organized and validly existing business, licensed to do business in the City of Spokane Valley and Washington State. If not licensed, then the Proponent shall provide a sworn statement that it will become licensed if selected as the Successful Proponent prior to executing the Contract. The legal name of the business submitting the Proposal shall be typed or printed in the space provided at the bottom of each page of the Proposal Forms. Proposals by corporations shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign). Proposals by partnerships shall be executed in the partnership name and signed by a partner, whose title shall appear under the signature. If the signature is by an agent other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney shall be on file with Spokane Valley prior to the opening of Proposals or shall be submitted with the Proposal; otherwise, the Proposal may be deemed non-responsive. 2.9 SUBMISSION OF PROPOSALS Complete Proposals shall be submitted no later than the time and at the place indicated in the Advertisement for Proposals, and shall be enclosed in a sealed package, marked with the words "PROPOSAL ENCLOSED - CITY OF SPOKANE VALLEY SOLID WASTE COLLECTION" and marked so as to indicate, without being opened, the name and address of the Proponent. Proposals shall City of Spokane Valley Request for Proposals 13 October, 2016 be accompanied by an envelope containing the PSD and all other required Proposal documents, including completed Proposal Forms. 2.10 MODIFICATION OR WITHDRAWAL OF PROPOSALS 2.10.1. Prior to the time and date designated for receipt of Proposals, any Proposal submitted may be modified or withdrawn by written notice to the City. The Proponent shall provide such notice in writing to the Spokane Valley contact shown in Section 2.2 and shall include the signature of the Proponent. Notice of a Proposal modification or withdrawal shall only be considered by the City if the City receives it before the time and date set for receipt of Proposals. A late modification or withdrawal request shall not be recognized and the City shall consider the originally submitted Proposal. 2.11 PROPOSAL EVALUATION 2.11.1 Evaluation Criteria Spokane Valley's Proposal evaluation committee shall review proposals based on the following criteria: (1) Responsiveness/Completeness (pass/fail) Each Proposal shall be reviewed based on responsiveness to the information required. All forms shall be completed, all questions answered, and all information supplied in the format requested. Spokane Valley may disqualify any Proponent not meeting these initial requirements. Proponents meeting these initial criteria may be contacted by Spokane Valley to provide specific clarifications. (2) Minimum General Qualifications (pass/fail) Proponents must have experience operating garbage, compostables and recycling collection programs under contract with one or more municipalities with a population of at least 25,000. Proponents shall submit all information related to their ability to successfully perform the work described in the RFP and Contract, including a full and competent response to items A through G in Section 3.1 of this RFP. Proponents who do not fully respond to all questions, who do not clearly outline their proposed services, equipment and approaches, and/or who fail to clearly demonstrate their ability to perform under the Contract shall be determined to "Fail" meeting the Minimum General Qualifications. (3) Rate Evaluation (75 points) City of Spokane Valley Request for Proposals 14 October, 2016 The rates provided by Proponents on the Proposal due date shall be reviewed to determine the general trend of rate proposals, the pricing of alternatives provided by Proponents, and the contract exceptions and related cost impacts identified by Proponents. After review and consideration of the Proposal as a whole, including contracting scenario pricing, pricing of alternatives, Contract exceptions, and related cost impacts identified by Proponents, the City may choose one of two paths: a. Complete the evaluation based on the initial Proposals and pricing, including any alternatives. This approach may be selected if the pricing on alternatives is unattractive, rendering an additional step unnecessary, or for any other reason solely at the City's option. The City may determine whether to select any particular contracting scenario and separate the Project by line of service solely at its option; or b. The City shall select desired alternatives and acceptable Contract exceptions provided by Proponents, as well as determining whether to separate the Project by line of service, and proceed with a "best and final" round of proposals based on the revised Contract(s). Under this approach, there shall be no alternatives or Proponent exceptions and the final Proposal rate results shall be the basis used to calculate the rate score of Proposals. Proponents shall provide the best possible and most accurate pricing for both the base proposal for all identified contracting scenarios and RFP alternatives during the first round, as the City may select a Proponent solely based upon the initial Proposals and there may not be a second "best and final" round. The City is not obligated to conduct a "best and final" round, and there is no guarantee that the City will conduct a "best and final" round. The rate portion of Proposals shall be scored according to the following formula: Subject Proposal Rate Score = (Lowest Proposal Rate Total/Subject Proposal Total) x 75 points (4) Customer Service and Operations Approach, Demonstrated Ability and References (25 points) Proponents shall have demonstrated knowledge, skills, creativity, experience and capacity to design, deliver, manage and improve all aspects of customer service, operations, maintenance, outreach and education, marketing, procurement, financial management, contingency planning, sustainability performance and other aspects associated with the provision of services under the proposed Contract. Proponents may be evaluated on the basis of Proposals submitted as well as references, interviews with Proponent staff and site visits. Evaluation shall be based upon a number of factors, which include, at the City's discretion, any number of the following: A) Customer Service City of Spokane Valley Request for Proposals 15 October, 2016 Customer service elements shall be reviewed and evaluated with respect to the following items: • Demonstrated customer service capacity, abilities and quantitative and qualitative evaluation measures (e.g. the number of representatives designated for Spokane Valley, ring/hold time data, speed to answer by human representative); • The existence of formal, written training materials and frequency of customer service representative training; • Proven strategies and demonstrated experience with minimizing customer and city complaints related to "misses," damaged or misplaced containers, billing issues and other common customer and city complaints; • Demonstrated responsiveness and expedient resolution of customer and city complaints; • Ability to establish and maintain a customer service-oriented web site; • Demonstrated ability to effectively and efficiently address service disruptions and inclement weather events; and • Approach for implementation of electronic billing (and payment) services for customers. B) Contract Implementation and Compliance Contract implementation and compliance elements shall be reviewed and evaluated with respect to the following items: • The extent to which a transition is necessary and expected customer impacts; • Procedures, protocols and approach for verifying compliance with Contract conditions and past performance on municipal contracts, including any violations or performance fees that were required to be paid by Proponent; • Contract compliance and demonstration of meeting and/or exceeding customer and city service expectations based on interviews with client cities; • Demonstrated ability to work with client cities, agencies and others in the effective delivery and implementation of services or programs; • Policies and procedures for tracking and documenting services, including customer account information, reporting, allocating costs, tonnages, etc.; and City of Spokane Valley Request for Proposals 16 October, 2016 • Demonstrated ability to respond to and address customer service, operations or other issues or requests in a timely and effective manner. In addition, Proponents shall be evaluated on their demonstrated ability (as confirmed by municipal clients) to work with municipal staff and successfully conduct good faith negotiations for performance reviews and required contract modifications such as service adjustments, unanticipated rate adjustments and/or contract extensions. C) Diversion Approach, System Design and Operations Diversion approach, system design and operations elements will be evaluated with respect to the following items: Operations • Ability and established procedures and/or policies to maintain and operate a fleet of collection vehicles, including back-up vehicles, and containers in a clean, safe, sanitary and proper working condition; • Demonstrated ability to deliver, exchange and remove customer containers in a timely, reliable and efficient manner, including the roll-out of new services or container options; • Ability to effectively and reliably communicate between fleet vehicles and customer service staff in order to address service and other on -route issues; • Demonstrated plans for and resources to provide contingency services in the event of equipment failure, loss of recycling processing, composting or municipal solid waste disposal capabilities or capacity, inclement weather, strike or other unexpected circumstances reasonably possible during the term of the Contract; and • Proven strategies to minimize service disruptions and customer issues such as "misses," inclement weather and customer exceptions (i.e. extras, recyclable materials preparation, additional services, special populations, etc.). Recycling and Compostables collection, processing and education • The range of recyclables accepted beyond the minimum specified in the Contract; • Proponent's approach to monitoring materials at the curb and providing feedback to Customers on contamination levels; City of Spokane Valley Request for Proposals 17 October, 2016 • The quality of recycling education and promotional materials developed solely by the Proponent and Proponent's ability to clearly explain how to participate under a fully - commingled recycling system; • Proponent's approach to conducting multi -family outreach, assistance and implementation of both recycling and compostables improvements; • The quality of promotional materials supplied with carts and Proponent's ability to clearly explain how to participate under a compostable collection program; and • Proponent's ideas and demonstrated ability to provide educational and promotional support to maximize diversion, improve customer service, and reduce contamination under expanded recycling and compostables collection programs. In addition, Proponents shall be evaluated on the basis of their proposed transition and implementation plan as described in Section 3 of this RFP, including completeness, rationale and schedule of customer information, promotion and notification, customer service, procurement and delivery of vehicles, containers and other equipment, ability to incorporate future annexation areas into the larger service area, contingency plans and other considerations which ensure a successful transition and implementation of the Project consistent with the start of collection services. The customer service and operations approach, demonstrated ability and references portion of Proposals shall be assessed a qualitative score of up to 25 points based upon any number of the factors listed above. Scores may be assessed based upon a comparison to other Proposals or on a stand-alone basis. While City staff will review and score this portion with careful consideration of the selected factors, they are not required to provide any justification (written or otherwise) for the scores assessed to this portion of the Proposal. 2.11.2 Process During the initial round of review, Proposals shall be reviewed by an evaluation team composed of City staff and one or more consultants. Proposals shall be evaluated in two phases: (1) a review and scoring of proposal elements other than price, including reference checks, interviews and site visits; and (2) review of sealed rate portion of the Proposals and scoring of the rate component as described in 2.11.1. Spokane Valley's evaluation committee shall then complete proposal scoring with a recommendation on whether to proceed with a "best and final" round for City Council consideration, including, but not limited to, recommendations on which contracting scenario to select, which alternatives to select and any Contract exceptions. City Council may choose a Selected Proponent after the initial Proposal submission or may choose to conduct a best and final round of review. If a "best and final" round is selected by City Council, the evaluation committee shall resubmit the best and final round, including the selected contracting scenario, all selected alternatives, City of Spokane Valley Request for Proposals 18 October, 2016 and Contract exceptions, to all Proponents for their best and final rate submission. The evaluation committee shall combine the original score for elements other price with the new score for the prices submitted during the best and final round to select and recommend a contractor for selection to City Council. During the best and final round, the prices shall be scored under the same methodology as set forth in Section 2.11.1 for rates. City Council shall then review the evaluation committee's recommendations and make a selection of one or more Selected Proponents (depending on the contracting scenario selected) at its discretion. Contract finalization shall then proceed with the Selected Proponent(s), or another Proponent if contract finalization with the Selected Proponent(s) is not successfully concluded in a timely manner. The resulting Contract shall be submitted to the City Council for review and approval. In the event a best and final round is not selected, the evaluation committee shall proceed to finalize a Contract with the Selected Proponent in the manner set forth above. Spokane Valley reserves the right to evaluate and score Proposals on the basis of the base Proposal and any combination of contracting scenarios and alternatives and may seek additional clarifications and final amended Proposals. Spokane Valley reserves all of its rights, including but not limited to the right to reject any and all Proposals, to waive any and all informalities, and to disregard all non -conforming, non-responsive, irregular or conditional Proposals. In addition, Spokane Valley reserves the right to reject the Proposals of any and all Proponents if Spokane Valley believes that it would not be in the best interest of Spokane Valley to make an award, whether because the Proposal is non-responsive, because the Proponent is not found to be responsible or fails to meet any other pertinent standard or criterion established by Spokane Valley, or whether it is otherwise not in the best interest of Spokane Valley. 2.12 PROJECT START DATE The Project shall start on the date of Contract Execution. The Contractor/Selected Proponent shall commence collection services under the Contract on April 1, 2018. 2.13 PUBLIC DOCUMENTS AND DISCLOSURE Under Washington State law, the documents (including all such items as described in RCW 42.56.010 for the term "writing") submitted in response to this RFP (the "documents") become a public record upon submission to the City, subject to mandatory disclosure upon request by any person, unless the documents are exempted by a specific provision of law. If the City receives a request for inspection or copying of the documents, it may promptly notify the person submitting the documents to the City (by U.S. mail and electronic mail if the person has provided an e-mail address) and upon written request of such person, received by the City within five days of the providing of such notice, will postpone disclosure of the documents for a reasonable period of time as permitted by law to enable such person to seek a court order prohibiting or conditioning the release of such documents. The City assumes no contractual obligation to enforce any exemption. The City intends to disclose all sealed rate portions of the Proposals after they are opened to all Proponents. Proponents are cautioned to not include City of Spokane Valley Request for Proposals 19 October, 2016 any confidential or proprietary information with their Proposals which they do not want disclosed. Spokane Valley shall not be liable for or responsible for the disclosure of such information. 2.14 DISCLAIMER OF COSTS The City shall not be responsible for any costs incurred by any respondents in preparing, submitting, or presenting its response to the RFP or interview process, if applicable. The City shall not be responsible for any costs incurred by the responding entity selected by the City prior to the date of the contract. 2.15 INSTRUCTIONS FOR SUBMITTING A RESPONSIVE PROPOSAL 2.15,1 Obtain Proposal Documents Send a written or e-mail request for (1) the Proposal Documents, and (2) confirmation of a mailing and e-mail address for the City to provide addenda to Spokane Valley contact listed in Section 2.2 of this RFP. 2.15.2 Conduct Investigation Deemed Necessary Each Proponent shall conduct any investigation of the Service Area, projected customer counts, types and quantities of customer -owned equipment, markets, processing facilities and other conditions deemed necessary by the Proponent to submit a responsive Proposal. 2.15.3 Submit Responsive Proposal Proponents shall submit responsive Proposals by the date and time listed in Section 2.4. Submit five copies, printed and double -sided, of the Proposal Forms and other supporting documents. Please do not glue bind the Proposal Forms and supporting documents. The Proposal and all Proposal Forms shall be signed by an authorized person where indicated, and all forms, as required, shall be notarized, and a person, with title, address, telephone number and e-mail address, whom Spokane Valley may contact, shall be identified. In addition to the printed copies, Proponent shall provide an electronic copy (.PDF format) of its entire proposal (minus bound corporate publications such as annual reports) in electronic format (CD or USB flash drive) submitted with the printed Proposal package. 2.16 PROCESS INTEGRITY REQUIREMENTS Each Proponent is individually and solely responsible for ensuring compliance with the following Process Integrity Requirements. This responsibility extends to Proponent's employees, agents, consultants, lobbyists, or other parties or individuals engaged for purposes of developing or supporting Proponent's Proposal or proposed services. Proponents shall comply as follows: City of Spokane Valley Request for Proposals 20 October, 2016 • All solid waste collection -related communications with Spokane Valley shall be only through the City's designated staff contact identified in Section 2.2. Proponents or their agents shall not contact other City staff, appointed or elected officials, consultants retained by Spokane Valley or other agents regarding current or future solid waste collection services from the time the draft RFP is provided for industry review until the time a finalized Contract and/or staff recommendation of Proponent selection is forwarded to the City Council and is made public in the City Council's Agenda Packet. • When seeking information from Spokane Valley to prepare a response, Proponent shall place its reliance only on information, RFP materials and Addenda provided by Spokane Valley contact designated in Section 2.2. Any reliance on other City information and publications may result in a non-responsive Proposal due to inaccurate or incomplete information. Spokane Valley shall not be liable or responsible for inaccuracies or incomplete information found outside of the RFP, and Proposal Documents, including any attachments. • Any information and materials to be utilized by Spokane Valley during the Proposal evaluation and selection process shall be included as part of the original Proposal or submitted in response to a specific request from the City of Spokane Valley. A Proponent shall be disqualified and shall forfeit its PSB if the City determines the Proponent has failed to comply with the specific Process Integrity Requirements, has undermined Spokane Valley's intention of conducting a fair and transparent competitive process based on the specified evaluation criteria, or has otherwise substantially diminished Spokane Valley's ability to award a Contract in a timely manner and free of contention. There shall be no exceptions. Spokane Valley reserves the sole right to disqualify any Proponent at any point in the process prior to Contract award for failure to comply with the Process Integrity Requirements. Spokane Valley also reserves the right to disqualify any Proponent, at any time, for fraud, any material misrepresentation, illegal conduct, or any act or omission that potentially or actually reflects poorly on the City. SECTION 3: PROPOSAL INSTRUCTIONS AND FORMS 3.1 Proposal Preparation Guidelines and Format These instructions provide guidelines governing the formation and content of the Proposal and the approach to be used for its development and presentation. The intent of this section is to describe the Proposal format and requested information that is essential to an understanding and evaluation of the proposed system. The inclusion of any additional pertinent data or information by the Proponent is recommended. Inclusion of general letters of support are not useful to Spokane Valley when evaluating Proponent's capabilities and abilities to perform under the Contract and are discouraged. City of Spokane Valley Request for Proposals 21 October, 2016 Proposals shall be stapled or bound, sealed, typed and prepared on both sides of 8-1/2" by 11" paper. Oversized documents may be submitted, but they must be folded to size and secured in the Proposal. All pages of the Proposals shall be numbered and sections clearly identified. The Proposal and all attachments shall be complete and free of ambiguities, alterations and erasures. The Certification of Proposal — Declaration of Understanding (Form 5) shall be executed by Proponent or Proponent's duly authorized officer or agent. In the event of a conflict between words and numerals, words shall prevail. Spokane Valley does not require financial statements to be provided as part of Proposal submittals. However, Spokane Valley reserves the right to request supplemental materials from Proponents to demonstrate to Spokane Valley's satisfaction that any Proponent is fully capable to undertake this Project. The Proposal shall follow the format outlined below, and shall include the required content in sequential format. A. Executive Summary Provide a brief overview of the entire Proposal and highlight the key aspects of the Proposal (maximum 6 pages). In the executive summary or cover letter, please confirm receipt of any RFP addenda received and considered during the development of your Proposal. B. Management and Qualifications B.1 Proponent State the name of your business, home office address, Washington business address, Washington agent's name, address, e-mail address and telephone number, and the name, address, phone number, fax number, e-mail address, website address and title of the person to be contacted concerning the Proposal. If Proponent is a subsidiary, state the name of the parent company, the home office address, telephone number and website address of the parent company, and describe the parent company's relationship to the Proponent. State whether the person signing the Proposal has the authority to sign on behalf of Proponent. State also the names of companies that will share significant and substantive responsibilities with you, as joint venture partners or in another manner, in performing under the Contract. Include documentation that Proponent is duly organized and validly existing business in good standing, and licensed to do business in Spokane Valley. If Proponent is not licensed to do business in the City of Spokane Valley, then the Proponent shall provide a sworn statement that it will become licensed if selected as the Successful Proponent prior to executing the Contract. B.2 Resumes City of Spokane Valley Request for Proposals 22 October, 2016 Supply the names and resumes of the principal officers, partners or other officials of each company involved in performing substantive responsibilities required under the Contract, and provide the names and resumes of the individuals who will be directly responsible for implementation of the Contract. At a minimum, include the general manager, operations manager(s), financial officer, education and customer outreach manager, customer service manager(s) and other personnel with whom Spokane Valley will have regular contact with during the administration of the Contract. Describe the ownership, managerial and/or fiduciary role of each of the participating companies. Include the names, company affiliation, telephone numbers and e-mail addresses of key individuals integrally involved in the Proposal. Provide an organization chart or other means of explaining the interrelationships between the team members. B.3 Litigation and Violations List any company, partner, holding company or subsidiary involved in the Proposal, or any corporate officer, that has been involved within the past five years in any litigation or arbitration including but not limited to any action or claim arising out of performance of a municipal solid waste contract, arising out of performance of a processing or marketing contract, arising or connected with violation of state or federal anti-trust laws, arising from or connected with allegations of corrupt practices or arising from operating permits and other operating requirements, including local, state and federal rules or regulations. In the case of national companies with multiple affiliated regional companies, the above disclosure should be limited to Pacific Northwest operations and personnel. Explain details fully with copies of any pleadings and/or settlement papers. In the event that disclosure limited by court authorized non -disclosure provisions, then general circumstances shall be described to the extent authorized and disclosure requirements stated. B.4 Subcontractors List all items of work or services to be performed by subcontractors, and the names, qualifications and resumes of the subcontractors. Also, list the equipment and supplies to be purchased from vendors. Provide an estimate of cost, expected time of purchase, and length of time necessary for delivery for each of the items. B.5 Experience Describe fully the experience of your team (both individuals and the corporate or partnership team) in providing the services requested in this RFP. Describe similar projects, and include the scope of services (including a summary of which collection and/or processing services were covered by the contract), annual revenues, tonnages and number of customers. Describe any major problems encountered in establishing service or collecting, processing, or marketing recyclables or compostables. Provide references (including contact name, title, organization, mailing address and contact information) for all similar projects described. References should have direct operational management responsibility of Proponent's contract and full knowledge City of Spokane Valley Request for Proposals 23 October, 2016 of Proponent's detailed performance under that contract. This will generally be a city staff member, not an elected official. C. Collection and Management Operations C.1 Garbage, Recycling and Compostables Collection and Handling Describe fully the collection equipment and containers to be used under the Contract, keeping in mind the Contract specifications for the collection frequency, types of containers, and Spokane Valley's intention that garbage, recyclables, and compostables be collected separately. Identify the chassis and body used to collect residential, commercial, and drop -box service sectors. Also identify for each type of truck: the number of compartments, the capacity of each compartment, total weight, and volume capacity of vehicle, loading and unloading characteristics, the number necessary to perform the required services, the average number of collections each vehicle can make in a day, and the useful expected life of each collection vehicle. Describe how each vehicle will be marked or signed so that witnesses to spills, leakage, and/or damage may quickly report such occurrence. Identify any subcontractor used for container inventory and customer delivery. Describe and provide examples of your route management system. Describe how routes are initially developed and modified over time, how your on -board computer systems manage route progress, route changes, exceptions (no set -out, blocked containers, contaminated materials, extra set -outs, etc.) and diversions from normal routes due to road maintenance, inclement weather or other unforeseen needs to deviate from the planned route. Also describe how the on -board system communicates with your call center's account system to provide close -to -real-time updates for each customer during the collection day. Identify the destination for all collected materials. If more than one recycler or composter will be used, identify the proportion of loads destined for various destinations and the criteria for routing trucks to a particular facility. Describe fully your proposed recycling processing facility, including location, hours of operation, processing capability per hour and per day by material type, tons of material currently processed per day by material type, additional processing capacity committed to in the future by material type, and the amount of that capacity needed to process the recyclables collected under the Contract. Specifically address how commingled materials are currently processed and the average rejection or contamination rate experienced by your firm or contracted processor. Describe how your company chooses recycling markets and ensures that collected materials are remanufactured into new products rather than high -graded and partially recycled or used as fuel. Describe fully your proposed compostables processing facility, including location, hours of operation, processing capability per hour and per day, tons of material currently processed per City of Spokane Valley Request for Proposals 24 October, 2016 day, additional processing capacity committed to in the future, and the amount of that capacity needed to process the compostables collected under the Contract. Identify the operator (if subcontracted), location, structures, and zoning of your proposed maintenance and support facilities. Provide the number of repair bays available at the facility and maintenance staffing levels (i.e., mechanics and assistants). Provide the total number of trucks maintained at the site for all Proponent operations, as well as the number of trucks and spares dedicated to the Contract. Spokane Valley actively works to protect its water resources, including surface and groundwater. It is essential that all containers have tight fitting lids that close, and that they are always closed after servicing. What steps do you propose to ensure these requirements? Similarly, leaking compactors can pollute surface water and it is critical to Spokane Valley that compactors do not leak during operation, or during or after servicing. What specific steps do you propose to prevent pollution from compactors? C.2 Billing Support and Customer Service Support Describe in detail the manufacturer and model of equipment and software used to maintain route lists, customer service histories and customer billing, and the ability to provide City - requested reports of customer -specific information and data. Discuss how your company has implemented services in other cities, with particular emphasis on how the transition between the previous contractor and your company was handled, and how your company developed accurate customer service level and billing data in the event the predecessor's records were unavailable. Spokane Valley considers customer service to be a very important aspect of this collection contract. Outline your overall approach to customer service and how the various elements of customer service (call center versus web -based) work together to provide excellent customer service. Describe the functionality of your website including the basic structure, interface to customer service representatives and the degree to which customers can manage their accounts (e.g. change their subscribed service levels, order service, request a missed pick-up collection), and how you ensure that web requests are accurately tracked and addressed. Describe your most recent innovations in service, for example, new technology on trucks or new methods/technologies to better communicate with customers. Discuss how staffing levels are established and modified to ensure timely customer service, and how new and existing staff is trained. Describe how customer service performance is measured, including the specific targets or performance metrics used to evaluate your company's performance. If call center staff handle calls from more than one city or WUTC-certificated service area, describe the procedures and aids used by those staff to address calls from different service areas without delaying responses to customers. City of Spokane Valley Request for Proposals 25 October, 2016 Discuss how long it takes your company to respond to service calls, how you monitor and adapt your field staffing to minimize your response time, and how the resolution of each service call is performed in a timely manner. Describe your procedures for handling "missed" collections. Does your company have a separate route for handling misses at the end of each day; is each route driver responsible for collecting their misses on the day or day after regular collection; or does your company use some other system? How has this approach worked to minimize repeat misses? How do you handle customers who repeatedly report unwarranted misses? C.3 Transition and Implementation Plan Describe your proposed transition and implementation plans to ensure an efficient and successful implementation of service provisions as outlined in the Contract. Identify the major issues and describe your proposed approach. Discuss customer information, promotion and notification, customer service, customer response, procurement and delivery of vehicles, containers and other equipment, contingency plans and other considerations which will ensure a successful transition and implementation of the Project consistent with the start of collection services. Include a timeline which identifies major tasks and key dates in the transition and implementation plan. D. Implementation and Public Information If you would be a new service provider for the City of Spokane Valley, describe in detail how your company would work with the existing contractor to ensure a smooth transfer of information and cart/container exchanges in a timely manner to meet the April 1, 2018 start date. Identify the individuals involved in this effort, their qualifications and previous experience in transitioning existing collection programs. Describe whether the same person will be serving as part of the management staff throughout the Contract term as serves during the transition/implementation period. Describe and provide examples of materials developed by Proponent's staff and used to introduce and support single-family recycling and compostables programs. Address how materials will be distributed and how residents seeking additional information will be accommodated during program introduction. Detail how your approach will increase and maintain participation and how methods may change as participation levels increase or decrease. Describe fully how you will promote multifamily recycling and increase multifamily recycling levels. Detail the communications, outreach and assistance methods as well as technological or operational innovations you propose to increase those recycling levels. Describe fully the public information techniques you will use in responding to contamination or other customer problems at a particular site. Detail how your company's approach will increase and maintain participation and how methods may change as participation levels increase or decrease. City of Spokane Valley Request for Proposals 26 October, 2016 Provide examples of where your approaches have been effective, how effectiveness is measured and also provide informational materials developed and used by your staff. Explain your procedures for submitting public information material to Spokane Valley for approval and any approval timeliness you will expect Spokane Valley to meet. Describe and identify your company's website, and how you plan to present information about the Project on the website. Describe your procedures to keep information on your website up- to-date. Identify and describe fully the qualifications of your Publicity and Customer Education and Outreach Director including previous experience in working with recycling collection programs and government organizations. Describe whether the same person will be serving as the Publicity and Education Director throughout the Contract term as serves during the Transition/Implementation Period. E. Contract Modifications Submissions contingent on an alternative contract cannot be reasonably compared with competing Proposals and shall be considered non-responsive. The City has included an industry review process prior to releasing this RFP and has incorporated suggested changes deemed reasonable and in the best interest of the City and its ratepayers. All Proposals shall be based on the Contract (Appendix A) included with the RFP, without alteration. However, Proponents may identify specific contract provisions that they believe unreasonably affect costs and the City will take the proposed change under advisement. In the event that the City pursues a revision to the Contract as a result of a Proponent's suggested contract modification, and that revision is anticipated to have a substantial effect on cost, the City may, at its option, incorporate those specific revisions and reissue the updated Contract for a best and final round of rate proposals. For each Proponent -proposed Contract modification the following format shall be followed to maintain consistency between Proposals: • clearly indicate the reason for the requested change; • whether the proposed change is a mandatory part of your Proposal or is simply a preference; • propose alternative text; and • provide the rate impact to your Proposal (or "no rate impact" if none) resulting from the proposed change, The listed rate impact shall reflect the annual rate reduction or increase of the proposed modification and shall be identified in dollars with a "+" representing an increase in annual aggregate rates and a "-" representing a decrease in annual aggregate rates. If there is no rate City of Spokane Valley Request for Proposals 27 October, 2016 savings or increase associated with the proposed modification, the Bidder shall indicate "no cost impact." The City encourages that any and all questions specifically regarding Contract language interpretation or the acceptability of alternative approaches be asked during the industry review of the RFP question/answer process described in Section 2.3. 3.2 PROPOSAL FORMS The following forms shall be completed in full and in accordance with both the Instructions to Proponents and with the instructions that follow below, and shall be submitted collectively as the Proposal Forms. Use black or blue ink or type on all forms. Proponent's responses to the questions in these Proposal Forms shall be used by Spokane Valley to evaluate the responsiveness of Proponent and the ability of Proponent to provide the specified services and equipment in a responsible manner. The information shall be submitted as indicated on the individual forms, but if Proponent needs additional space to respond to a question or if Proponent is requested to provide information that cannot be written directly on the forms, these items must be stapled or attached to the individual forms that correspond to the pertinent information. Oversized or bulky information such as drawings or bound documents shall be submitted under a separate cover, labeled to indicate the form number and content to which the information pertains, referenced as such on the Proposal Forms, and included as part of Proponent's Proposal. Proponents shall number each page that contains information that cannot be written directly on a form or pages that are reproductions of a form. The page number shall be placed in the upper right-hand corner of each such page and sub -lettered to correspond with the page to which the information pertains (e.g., Form 2). Proponents may reproduce Proposal Forms on a computer and complete them using editing software, provided that each page so generated must have the header, footer and body of information in the same locations as the original form to assure uniformity of the Proposal's submittal, Typefaces may differ to the extent that the reproduced forms remain legible, however, changes are not encouraged. Stylistic enhancements and reformatting resulting in the omission on required information may render the Proposal non-responsive, at the sole discretion of the City if the City considers the omission to materially affect the Proposal. These Proposal Forms are available electronically in Microsoft Word and Excel format from the City contact listed in Section 2.2 of this RFP. Proponents shall provide complete and detailed responses to each question. If the Proponent fails to do so, its Proposal is likely to be deemed non-responsive and may be rejected by the City of Spokane Valley. During the execution of the Project, Spokane Valley shall consider information submitted by the Selected Proponent to be binding, and any substitutions or deviations from the information provided may only be approved in writing by Spokane Valley. City of Spokane Valley Request for Proposals 28 October, 2016 Form 1 COVER SHEET AND GENERAL INFORMATION Company Name: Home Office Address: Washington Business Address: Website Address: Name, Title, Address, Telephone Number, fax Number and E -Mail Address of the person to be contacted concerning the Proposal: If Applicable, Name of the Parent Company: Home Office Address, Telephone Number and Website Address of the Parent Company: Describe the parent company's relationship with the Proponent: If applicable, does the person signing the documents have the authority to sign on behalf of the Proponent? Yes No Form 1— Cover Sheet and General Information 1 October, 2016 Names of Companies that will share significant and substantive responsibilities with the Proponent in performing services under the Contract: Attach to this form, and number appropriately, documentation showing that the Proponent is duly organized and validly existing as a corporation or partnership in good standing. Form 1— Cover Sheet and General Information 2 October, 2016 Form 2 PRICE PROPOSAL Forms 2a -h: Forms 2a -h are attached as Appendix C and are also available as MS Excel files. Complete all green -shaded blanks on the attached Form 2a -h rate proposal sheets including monthly collection fees for all scheduled services and miscellaneous services. Eight rate sheets are provided and reflect various scenarios as described below. Proponents shall complete all rate scenarios to be considered. Partial proposals shall not be considered responsive by the City. Single -Family Rates: 1. Form 2a — Single -Family Residential Rates if All Lines of Business are Awarded as a Single Exclusive Comprehensive Contract; 2. Form 2b — Single -Family Residential Rates if an Exclusive Contract is Awarded for Single -Family and a Separate Exclusive Contract is Awarded for Commercial, MF, and Drop -box Service. 3. Form 2c — Single -Family Residential Rates if an Exclusive Contract is Awarded for Single -Family and Separate Non -Exclusive Contracts are Awarded for Commercial, MF, and Drop -box Service. 4. Form 2d — Single -Family Residential Rates if an Exclusive Contract is Awarded for Single-Family/MF/Commercial and Separate Non -Exclusive Contracts are Awarded for Drop -box Service (Status Quo — reflects current contracting structure). Commercial/Multifamily/Drop-Box Rates: 5. Form 2e — Commercial/Multifamily/Drop-box Rates if All Lines of Business are Awarded as a Single Exclusive Comprehensive Contract. 6. Form 2f -- Commercial/Multifamily/Drop-box Rates if an Exclusive Contract is Awarded for Single -Family and a Separate Exclusive Contract is Awarded for Commercial, MF, and Drop -box Service. 7. Form 2g — Commercial/Multifamily/Drop-box Rates if an Exclusive Contract is Awarded for Single -Family and Separate Non -Exclusive Contracts are Awarded for Commercial, MF, and Drop -box Service. 8. Form 2h — Commercial/Multifamily/Drop-box Rates if an Exclusive Contract is Awarded for Single-Family/MF/Commercial and Separate Non -Exclusive Contracts are Awarded for Drop -box Service (Status Quo — reflects current contracting structure). Form 2 — Price Proposal 1 October, 2016 The contracting scenarios and the resulting Forms 2a -h have been designed to allow the City to evaluate how rates would vary by sector and to better understand the implications of those scenarios on all sectors. For example, a contractor with a certain overhead cost structure might have different single-family residential rates depending on the degree to which they can distribute overhead costs over various contract sizes. Customer counts are included only for the purposes of price evaluation and reflect current City billing counts. Note that the City does not require citizens to use solid waste collection services and so makes no representations as to the number of customers that may use Proponent's service in the future. Counts shaded in blue do not reflect actual usage and are instead intended to be an estimate of potential usage. Prospective Proponents are responsible for developing their own internal service level profile forecasts reflecting their own estimates on growth that may occur by the start of the contract in April, 2018. The Contractor's fees provided on Forms 2a -h shall include all capital, labor, disposal at the 2016 fee of $98.15 per ton', and other operating costs, including administration, management, profit, contract fees and incidental taxes (e.g. tire and fuel taxes, B&O). State refuse collection tax and city utility taxes shall be excluded from the Proposal rates. Contractor fees provided by the Proponent on Forms 2a -h shall incorporate the following elements, and be based on actual cost of service: Customer Sector Include In Rates Rate Formula Single -Family Residential Garbage+Recycling collection costs, including garbage disposal cost -of -service Commercial/Multifamily Cart and Detachable Container Garbage costs only, including cost -of -service container costs. The multifamily recycling surcharge will be added to the base commercial rate for multifamily customers. Temporary Detachable Container and Drop -box Garbage costs, excluding cost -of -service container rental and garbage disposal Commercial/Multifamily Drop -box Service Hauling costs only, excluding cost -of -service container rental and garbage disposal. The multifamily recycling surcharge will be added to the base commercial rate for multifamily customers. Other Services (e.g. container cleaning, Only cost -of -service or the default rates set on Form 2. cost -of -service I The disposal fee listed includes the State's 3.6% solid waste tax. The disposal fee component of rates will be adjusted to 2018 rates prior to the contract start date. Form 2— Price Proposal 2 October, 2016 Commercial/Multifamily compostables, etc.) Proponent's cost -of -service model shall be generally designed to recover the costs for each collection sector only from that sector. For some seldom -used or ancillary services, approximate rates from the surrounding WUTC tariff areas and/or the current contract have been entered on the Forms 2a -h rather than requesting Proponents to propose their own rates for those services. Proponents shall use the listed rates in their revenue calculations and shall not provide different proposed rates for those services. Multifamily customers shall be charged the base commercial rate for their container size, plus the garbage volume -based multifamily recycling surcharge. Alternatives: At the end of each Form 2, cells are provided for entering proposed rate modifications for the following alternatives specific to that customer sector. Please calculate and enter costs as described in the following instructions. Increased or reduced amounts should be expressed as modifications to the customer rates provided on the subject Form 2. If the alternative is selected, the amount added or subtracted from the monthly base rate for each service level. Reductions in the base rate shall be expressed as a negative number. Increases in the base rate shall be expressed as a positive number. 1. Universal Carts: Under this alternative, the Contractor will provide all single-family and commercial can customers a wheeled cart and the cost of all carts will be included in the respective rate for the garbage service level. Rental fees will be eliminated and the Contractor will be able to optimize routes for automated collection. Please indicate the increase or (decrease) in single-family garbage rates, per customer, if the City elects to implement this alternative. For example a value of "($0.60)" indicates that the rates listed for all single-family can/cart garbage services would be reduced by $0.60 if universal carts were implemented. 2. Household Clean-up Program (Annual Event Scenario): This alternative provides for an annual event to allow each single-family Customer to place up to one cubic yard of garbage at the curb for collection on the Customer's regular collection day, provided that any individual item is no larger than three feet by three feet and weights no more than sixty-five pounds, plus two bulky items such as couches, appliances and large chairs. Each single-family customer would be eligible to receive the service once each calendar year. Please indicate the increase in single-family garbage rates, per customer, Form 2 — Price Proposal 3 October, 2016 if the City elects to implement this alternative. For example a value of "$0.45" indicates that the rates listed for all single-family can/cart garbage services would be increased by $0.45 per month if this clean-up program were implemented. 3. Household Clean-up (On-call Scenario): This alternative provides for either an on-call clean-up program where each single-family Customer may place up to one cubic yard of garbage at the curb for collection on the Customer's regular collection day. The same size and weight limits listed for Alternative #2 would apply. Each single-family customer would be eligible to receive the service once each calendar year. Please indicate the increase in single-family garbage rates, per customer, if the City elects to implement this alternative. For example a value of "$0.45" indicates that the rates listed for all single- family can/cart garbage services would be increased by $0.45 per month if this clean-up program were implemented. 4. Subscription Split -Schedule Compostables Collection with Every -other -Week Winter Collection: This Proposal alternative is a variation of the base contract where the Winter schedule would be shifted to every -other -weekly collection instead of the current/base scenario of monthly collection. Please indicate the increase in single-family subscription compostable rates, per customer, if the City elects to implement this alternative. For example a value of "$0.25" indicates that the rates listed for subscription compostables service would be increased by $0.25 per month if service during Winter months were shifted to every -other -week. 5. Subscription Spring/Summer/Fall only Weekly Compostables Collection: This Proposal alternative continues the current weekly schedule from March through November and discontinues collection during the months of December, January and February. Carts would remain in place at subscribers' residences during the service suspension. (This is a similar approach to that used in the City of Spokane). Please indicate the decrease in single-family subscription compostable rates, per customer, if the City elects to implement this alternative. For example a value of "-$0.25" indicates that the rates listed for subscription compostables service would be decreased by $0.25 per month if service during Winter months were suspended. 6. Subscription Weekly Year -Round Compostables Collection: This Proposal alternative increases Compostables collection frequency to weekly year-round (but still subscription -based) upon 180 days notice from the City at any time before or during the term of the Contract. Please indicate the increase in single-family subscription compostable rates, per customer, if the City elects to implement this alternative. For example a value of "$0.25" indicates that the rates listed for subscription compostables service would be increased by $0.25 per month if service were shifted to weekly year- round. 7. Embedded Split -Schedule Compostables Collection: The base Proposal assumes the continuation of the subscription -based compostables collection system. This Proposal Form 2 — Price Proposal 4 October, 2016 alternative would make the base Contract's split -schedule compostables collection an embedded service, similar to recycling collection, and all Single -Family Customers would pay for the service as part of their garbage rate. Please indicate the increase in single- family garbage rates, per customer, if the City elects to implement this alternative. For example a value of "$7.00" indicates that the rates listed for all single-family can/cart garbage services would be increased by $7.00 per month if the embedded program were implemented. 8. Embedded Weekly Year -Round Compostables Collection: The base Proposal assumes the continuation of the subscription -based split -schedule compostables collection system. This Proposal alternative would make weekly year-round compostables collection an embedded service, similar to recycling collection, and all single-family Customers would pay for the service as part of their garbage rate. Please indicate the increase in single-family garbage rates, per customer, if the City elects to implement this alternative. For example a value of "$7.00" indicates that the rates listed for all single- family can/cart garbage services would be increased by $7.00 per month if the embedded program were implemented. 9. Special Yard Debris Clean-up: The base Proposal assumes the continuation of the current limits on compostables collection, with extras charged for materials in excess of the 96 -gallon cart capacity. This alternative adds an additional capacity of 192 gallons (equal to two additional 96 -gallon carts) of yard debris collected without additional charge as directed by the City, with a limit of one event per year maximum. Please indicate the increase in single-family subscription compostable rates, per customer, if the City elects to implement this alternative. For example a value of "$0.20" indicates that the rates listed for subscription compostables service would be increased by $0.20 per month if the special yard debris clean-up were implemented. 10. Weekly Recycling Collection: The base Proposal assumes the continuation of every - other -week recycling collection. This Proposal alternative shifts recycling collection to a weekly schedule. Please indicate the increase in single-family garbage rates, per customer, if the City elects to implement this alternative. For example a value of "$1.00" indicates that the rates listed for all single-family can/cart garbage services would be increased by $1.00 per month if recycling collection were shifted to weekly. 11. Premium Commercial Service: This alternative provides for City-wide implementation of a higher -than -current level of Detachable Container service, including lock provision, unlocking, no gate fees and no roll-out fees up to 25 feet. Please indicate the increase in commercial detachable container garbage rates, per cubic yard of container capacity collected month, if the City elects to implement this alternative. For example a value of "$0.15" indicates that the rates listed for a 3 -yard detachable container collected twice a week would be increased by $3.90 [$0.15 x 3 x 2 x 4.33 weeks/month] if the premium service were implemented. Form 2 — Price Proposal 5 October, 2016 Form 3 - CONTRACTOR'S BID DEPOSIT SURETY BOND to City of Spokane Valley, Washington We, , as Principal, existing under and by virtue of the laws of the State of Washington and authorized to do business in the State of Washington, and , as Surety, organized and existing under the laws of the State of , are held and firmly bound unto the City of Spokane Valley, a Washington municipality, as Obligee, in the penal sum $50,000.00, for the payment of which we jointly and severally bind ourselves, and our legal representatives and successors. WHEREAS, the Principal has submitted a bid for [Insert bid/project name]. NOW THEREFORE, the condition of the obligation is such that if the Obligee shall accept the bid of Principal and make timely award to the Principal according to the terms of the bid documents; and the Principal shall, within ten days after notice of the award, exclusive of the day of notice, enter into the contract with the Obligee and furnish the contractor's bonds (performance and payment bonds) with Surety satisfactory to the Obligee in an amount equal to 100% of the amount of the bid proposed including additives, alternatives and Washington State sales tax, then this obligation shall be null and void; otherwise if the Principal fails to enter into the contract and fails to furnish the contractor's bonds within ten days of notice of award, exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the Obligee, payable by the Surety; but in no event will the Surety's liability exceed the face amount of this bid bond. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the Surety. PRINCIPAL (CONTRACTOR) SURETY Principal Signature Date Surety Signature Date Printed Name Printed Name Title Title Name, address, and telephone of local office/agent of Surety Company is: Form 4 — Identification of Performance Security 1 October, 2016 Form 4 IDENTIFICATION OF PERFORMANCE SECURITY If the Proponent is awarded a Contract on this Proposal, the surety or other financial institution that provides the letter of credit or other performance guarantee shall be: whose address is whose Street City State and Zip Code telephone number is , and website address is Form 4— Identification of Performance Security 2 October, 2016 Form 5 CERTIFICATION OF PROPOSAL - DECLARATION AND UNDERSTANDING Proponent's Declaration and Understanding The undersigned Proponent declares that the only persons or parties beneficially or financially interested in this Proposal are those named herein; that this Proposal is, in all respects, fair and without fraud; that it is made without collusion; and that the Proposal is made without any connection or collusion with any person submitting another Proposal on this Project. The Proponent declares that this Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation; this Proposal is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; the Proponent has not directly or indirectly entered into any agreement, induced or solicited any other Proponent to submit a false or sham Proposal; the Proponent has not solicited or induced any person, firm or corporation to refrain from Proposing; the Proponent has not sought by collusion, fraud, deceit or any unlawful act to obtain for itself any advantage over any other Proponent or over the City of Spokane Valley; and Proponent has not otherwise taken any action in the restraint of free competitive proposals in connection with the Project for which this Proposal is submitted. The Proponent declares that it has familiarized itself with the nature and extent of the Contract, the existing Project, all local conditions and all other relevant facilities, properties, laws and regulations that in any manner may affect cost, implementation, progress, performance or furnishing of the Project. The Proponent has satisfied itself as to the services and equipment to be provided, including the fact that the description of the services and equipment is brief and is intended only to indicate the general nature of the Project, and that this Proposal is made according to the provisions and under the terms and conditions of the Contract, which fully and completely incorporated into this Proposal by this reference. The Proponent further acknowledges that it has satisfied itself as to the nature and location of the Project, the general and local conditions, particularly those bearing on the availability of equipment, access, recycling and compostable material markets, disposal fees, availability of labor, roads, and the uncertainties of weather or similar physical conditions in the City of Spokane Valley, the character of equipment and facilities needed to execute the Project, and all other matters that may in any way affect the Project or the cost thereof under the Contract. The Proponent further acknowledges that it has satisfied itself as to the character, quality and quantity of information provided by the City of Spokane Valley regarding the Existing Project and solid waste system, and the Proponent has adequately investigated the City of Spokane Valley's customer base and any additional information that may be provided by the City of Spokane Valley. Failure by the Proponent to acquaint itself with the physical conditions of the City of Spokane Valley's customer base and all available information shall not relieve it from Form 5 — Cert. of Proposal — Dec. of Understanding 1 October, 2016 responsibility for properly estimating the difficulty or cost of successfully performing the services and providing the equipment required under the Contract. The Proponent warrants that, as a result of its examination and investigation of all the data referenced above, it can execute the Project in a good, timely and workmanlike manner and to the satisfaction of the City of Spokane Valley, Spokane Valley assumes no responsibility for any representation made by any of its officers, employees, representatives, or agents during or prior to the execution of the Contract, unless (1) such representations are expressly stated in the Contract; and/or (2) the Contract expressly provides that Spokane Valley assumes the responsibility. The Proponent has given Spokane Valley written notice in a timely manner of all conflicts, errors, omissions or discrepancies that it has discovered in the Proposal Documents and the written resolution thereof by Spokane Valley is acceptable to the Proponent. Contract Execution, Performance Guarantees And Insurance If this Proposal is accepted, the Proponent proposes and agrees to enter into a Contract with the City of Spokane Valley, in the form substantially similar to the Contract included in the Proposal Documents, to provide services and equipment as specified or indicated in the Contract for the prices and during the time period indicated in this Proposal and in accordance with the other terms and conditions of the Contract. The Proponent accepts all of the terms and conditions of the Proposal Documents, including, without limitation, those dealing with the disposition of Proposal security. This Proposal will remain subject to acceptance until 180 days following Proposal submittal. The Selected Proponent shall sign and submit the Contract with the appropriate performance security and proof of insurance acceptable to Spokane Valley within five (5) days after receiving the notice of being selected as the Selected Proponent. Self -Reliance The Proponent acknowledges that the information contained in this Proposal represents its understanding of the City of Spokane Valley's existing Project, terrain, streets, alleys, container locations, recycling and compostables markets, and other conditions that could affect the costs or operational efficiencies of fulfilling the Contract. In preparing this Proposal, the Proponent acknowledges that it is solely responsible for its Proposal and that it has relied on its own investigation and research. Start Of Project And Contract Term If awarded a Contract, the Proponent agrees to commence all collection services under the terms and conditions of the Contract on April 1, 2018 and to continue providing services throughout the term of the Contract as specified therein. Form 5 Cert. of Proposal -- Dec. of Understanding 2 October, 2016 Unit Price Proponent proposes to invoice and collect payments of the Contract charges (rates), as set forth under the provisions of the Contract. Proponent charges (rates) may be adjusted upward or downward solely as provided in the Contract. Generally, the Proponent shall be responsible for all real (non -inflationary) cost increases, and may benefit from any real cost decreases, except as specifically agreed to in the Contract. Proponent understands that the per-unit served price and the price adjustments are independent of the quantities and quality of materials collected. Proponent agrees that the per-unit served price and the price adjustments represent a reasonable measure of the labor and materials required to execute the Project, including all allowances for overhead and profit, and applicable taxes, fees and surcharges for such services. Prices shall be given in U.S. dollars and cents. Compliance with Process Integrity Requirements Proponent hereby certifies it and its employees, officers, and officials have complied with the Process Integrity Requirements as described in Section 2.16 of the RFP and further agrees to comply with those Guidelines during the Proposal evaluation process. Addenda The Proponent below lists and acknowledges receipt of all Proposal Documents and of the following addenda: Addendum Number Date Proponent agrees that all Addenda issued are part of the Contract, and Proponent further agrees that its Proposal includes all Addenda. Form 5 — Cert. of Proposal — Dec. of Understanding 3 October, 2016 Identification and Authorization The name of the Proponent submitting this Proposal is: Doing business at: Street City State Zip Code which is the address to which all communications concerning this Proposal and the Contract will be sent. The names of the principal officers of the corporation submitting this Proposal, or of the partnership, or of all persons interested in this Proposal as principals are as follows: If the Proponent is a partnership, attach to this form and number appropriately a copy of its partnership agreement. If the Proponent is a corporation, attach to these form copies of its Articles of Incorporation, bylaws and Certificate of Good Standing, as certified by the Secretary of the Board of Directors. If Sole Proprietor or Partnership IN WITNESS hereto the undersigned has set its hand this day of , 2016. Signature of Proponent Title Identification and Authorization 1 October, 2016 If Corporation IN WITNESS whereof the undersigned corporation has caused this instrument to be executed by its duly authorized officers this day of , 2016. Name of Corporation By Title Attest (Secretary) Identification and Authorization 2 October, 2016 Appendices Appendix A: Contract with City Service Area Map Appendix B: 2015 and 2015 YTD Tonnage Reported by Existing Contractors Appendix C: Forms 2awh Appendices October, 2016 COUNCIL REVIEW VERSION 10.04.16, Comprehensive Garbage, Recyclables, and Compostables Collection Contract City of Spokane Valley And xxxx April 1, 2018 — March 31, 2028 Comprehensive Garbage, Recyclables, and Compostables Collection Contract Table of Contents RECITALS 1 AGREEMENT 1 DEFINITIONS 2 2. CONTRACTOR REPRESENTATIONS AND WARRANTIES ..6 3. SCOPE OF WORT( 7 3.1 GENERAL COLLECTION SYSTEM REQUIREMENTS 7 3.1.1 City Service Area 7 3.1.2 Annexation 7 3.1.3 Service to Residences an Private Roads and Driveways 8 3.1.4 Hours/Days of Collection 8 3.1.5 Employee Conduct 8 3.1.6 Disabled Persons Service 9 3.1.7 Holiday Schedules 9 3.1.8 Inclement Weather 9 3.1.9 Suspending Collection from Problem Customers 10 3.1.10 Missed Collections 10 3.1.11 Same Day Collection 11 3.1.12 Requirement to Recycle and Compost; Maintaining Quality Assurance Through Monitoring.11 3.1.13 Routing, Notification and Approval 11 3.1.14 Vehicle and Equipment Type/Age/Condition/Use 12 3.1.15 Container Requirements and Ownership 13 3.1,15,1 Garbage, Recyclables, and Compostables Carts 14 3.1.15.2 Detachable Containers and Drop -box Containers 1514 3.1.15.3 Ownership 15 3.1.15.4 Container Colors and Labeling 116645 3.1.15.5 Container Weights 16 3.1.15.6 Container Removal Upon City or Customer Request 17 3.1.15.7 Container Placement 17 3.1.16 Inventory of Equipment, Vehicles, Facilities and Containers 17 3.1.17 Spillage 184-7 3.1.18 Pilot Programs 18 3.1.19 Disruption Due to Construction 18 3.1.20 Contractor Planning and Performance Under Labor Disruption 193,3 3.1.21 Site Planning and Building Design Review 20 3.1.22 Safeguarding Public and Private Facilities 2120 3.1.23 Transition and implementation of Contract 21 3.1.24 Performance Review 21 3.1.25 Continual Monitoring and Evaluation of Operations 22 3.1.26 Collection/Disposal Restrictions 22 3.1.27 Emergency Response 232 3.2 COLLECTION SERVICES 23 3.2.1 Single-family Residence Garbage Collection.......,.... 23 3.2.1.1 Subject Materials 23 City of Spokane Valley i October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract 3.2.1.2 Containers 23 3.2.1.3 Specific Collection Requirements 23 3.2.2 Single-family Residence Recyclables Collection 24 3.2.2.1 Recyclable Materials 24 3.2.2.2 Containers 2524 3.2.2.3 Specific Collection Requirements 2524 3.2.3 Single-family Residence Compostables Collection 25 3.2.3.1 Subject Materials 25 3.2.3.2 Containers 25 3.2,3.3 Specific Collection Requirements 25 3.2.4 Multifamily Complex and Commercial Customer Garbage Collection 26 3.2,4.1 Subject Materials 26 3.2.4,2 Containers 26 3.2.4.3 Specific Collection Requirements 272-6 3.2.5 Multifamily Complex Recyclables Collection 27 3.2.5.1 Subject Materials 27 3.2.5.2 Containers 27 3.2.5.3 Specific Collection Requirements 2827 3.2.6 Drop -Box Container Garbage Collection 282-7 3.2.6.1 Subject Materials 2827 3.2.6.2 Containers 28 3.2.6.3 5pecific Collection Requirements 28 3.2.7 Temporary (Non -Event) Container Customers 28 3.2.8 Special Event Services 2.925 3.2.9 On-call Bulky Waste Collection 2923 3.2.10 Excluded Services 29 3.3 COLLECTION SUPPORT AND MANAGEMENT 29 3.3.1 General Customer Service 29 3.3.2 Specific Customer Service Requirements 3029 3.3.2.1 Customer Service Representative Staffing 30 3.3.2.2 City Customer Service 30 3.3,2.3 Service Recipient Complaints and Requests 3130 3.3.2.4 Handling of Customer Calls 31 3.3,2.5 Corrective Measures 31 3.3.2.6 Contractor Internet Website 3234 3.3,2,7 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required 32 3.3.2.8 Customer Communications 3332 3.3.3 Customer Billing Responsibilities 3332 3.3.4 Reporting 3534 3.3.4.1 Quarterly Reports 3534 3.3.4.2 Annual Reports 363.5 3.3.4.3 Ad Hoc Reports 36 3.3.4.4 Other Reports 373-6 3.3.5 Promotion and Education 3756 4. COMPENSATION 3 834 4.1 COMPENSATION TO THE CONTRACTOR 383 4.1.1 Rates 383.7 4,1.2 Itemization on Invoices 38 4.2 COMPENSATION TO THE CITY 3938 4.2.1 Fees Paid to City 393$ 4.3 COMPENSATION ADJUSTMENTS 4039 4.3.1 Annual CPI Modification 4039 4.3.2 Periodic Adjustments 40 City of Spokane Valley ii October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract 4.3.3 Changes in Disposal or Compostables Processing Sites 40 4.3.4 Other Modifications 4140 4.3.4.1 New or Changes in Existing Taxes 41 4.3.4.2 Changes in Service Provision 41 4.4 CHANGE IN LAW 4241 5. FAILURE TO PERFORM, REMEDIES, TERMINATION 424 5.1 PERFORMANCE FEES 4244 5.2 CONTRACT DEFAULT 44 6. NOTICES 4645 7. GENERAL TERMS 4645 7.1 COLLECTION RIGHT 46455 7.2 ACCESS TO RECORDS 4645 7.3 INSURANCE 4746 7.3.1 Minimum Scope of Insurance 4746 7.3.2 Minimum Amounts of Insurance 47 7.3.3 Other Insurance Provisions 484-7 7.3.4 Acceptability of Insurers 4847 7.3.5 Verification of Coverage 48 7.3.6 Subcontractors 4948 7.3.7 ACORD Form 4948 7.4 PERFORMANCE BOND 4948 7.5 INDEMNIFICATION 4948 7.6 CONFIDENTIALITY OF INFORMATION 049 7.7 ASSIGNMENT OF CONTRACT 55 7.7.1 Assignment or Pledge of Money by the Contractor 5159 7.7.2 Assignment, Subcontracting, Delegation of Duties 5159 7.7.3 Merger or Sale of Contractor Operations 5254 7.8 LAWS TO GOVERN/VENUE 5254 7.9 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 5254 7.10 PERMITS AND LICENSES 535-2 7.11 RELATIONSHIP OF PARTIES 5352 7.12 CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS 5352 7.13 BANKRUPTCY 535-2 7.14 RIGHT TO RENEGOTIATE/AMEND 5352 7.15 FORCE MAJEURE 545-3 7.16 ILLEGAL PROVISIONS 54 7.17 WAIVER 5554 7.18 INCORPORATION OF CONTRACTOR'S PROPOSAL IN RESPONSE TO CITY'S RFP 5554 7.19 DISPUTES RESOLUTION 5554 7.20 JURISDICTION AND VENUE 555-4 7.21 INTERPRETATION OF TIME 55 7.22 ENTIRETY 555.4 ATTACHMENTS 56-55 Attachment A: City Service Area Attachment B: Contractor Rates City of Spokane Valley iii October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract Attachment C: Recyclables List Attachment D: Rate Modification Example Attachment E: Insurance Certificates City of Spokane Valley iv October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract This Comprehensive Garbage, Recyclables, and Compostables Collection contract ("Contract") is entered. into by and between the City of Spokane Valley, a code city of the State of Washington ("City"), and XXXX ("Contractor"), to provide for the collection of Garbage, Recyclables, and Compostables from Single-family Residences, Multifamily Complexes, and Commercial Customers located within the City Service Area. (Each capitalized term is hereinafter defined.) The parties, in consideration of the promises, representations, and warranties contained herein, agree as follows: RECITALS WHEREAS, the City has conducted a competitive process to select a contractor to provide Garbage, Recyclables, and Compostables collection services to residents and Garbage collection services to businesses, and institutions located within the City Service Area; and WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City conducted a thorough and exhaustive competitive process; and WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City had the right at any time during the process to reject any or all of the competitors, regardless of their proposals or prices; and WHEREAS, having completed the competitive process, the City has selected the best candidate to provide the services outlined in the competitive process; and WHEREAS, the Contractor represents and warrants that it has the experience, resources, and expertise necessary to perform the services as requested in the competitive process; and WHEREAS, the City desires to enter into this Contract with the Contractor for the services outlined in the competitive process and included below; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein. contained, the City and Contractor do hereby agree as follows: AGREEMENT EMENT This Comprehensive Garbage, Recyclables, and Compostables Collection Contract (hereafter, "Contract") is made and entered into this day of , 2017 (hereafter the "Date of Execution"), by and between the City of Spokane Valley, a corporation code city of the State of Washington (hereafter, the "City"), and XXXX, a Washington corporation (hereafter, the "Contractor"). City of Spokane Valley 1 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract DEFINITIONS All capitalized terms utilized in this Contract are intended to have the meaning defined in this Section whether or not the term is defined prior to its use in this Contract. The following definitions apply to the entirety of this Contract unless it is clear from the context that another definition applies. Words not defined herein shall be construed as defined in the most current version of Webster's New Collegiate Dictionary. All references to time shall be to Pacific Standard Time. Administrative Fee: The term "Administrative Fee" means a City -defined fee that is included in Customer rates charged by the Contractor, with receipts collected from Customers by the Contractor and remitted to the City as directed in this Contract. The Administrative Fee is separate from and distinct from any itemized utility, sales or other taxes that may be assessed from time to time. Bulky Waste: The term `Bulky Waste" means discrete items of Garbage of a size or shape that precludes collection in regular collection containers. Bulky Waste includes: large appliances (such as refrigerators, freezers, stoves, dishwashers, clothes washing machines or dryers), water heaters, furniture (such as chairs or sofas), televisions, mattresses, and other similar large items placed at the Curb as discrete separate items. Bulky Waste does not include piles of debris, car parts, construction or demolition debris, any item that would be considered Hazardous Waste, stumps, or items that cannot be safely lifted by two collection employees onto a collection vehicle. CM/ Waste: The term "C&D Waste" means Garbage resulting from construction, remodeling, repair, and/or demolition of buildings, houses, roads, or other structures, including, but not limited to, wood, brick, concrete, rubble, soil, rock, drywall, masonry, roofing, siding, asphalt, structural metal, wire, packaging, insulation, and other building material. Cart: The word "Cart" means a Contractor -provided 20-, 32-, 45-, 64-, or 96 -gallon wheeled Container with attached lid suitable for collection, storage, and Curbside placement of Garbage, Recyclables, or Cornpostables. Carts shall be rodent and insect resistant and kept in sanitary condition by the Contractor at all times. Change of Control: The term "Change of Control" means any single transaction or series of related transactions by which the beneficial ownership of more than 50% of the voting securities of the Contractor is acquired by a person or entity, or by an affiliated group of persons or entities, who as of the effective date of the Contract do not have such a beneficial interest provided, however, that intra- company transfers, such as transfers between different subsidiaries or branches of the parent corporation of the Contractor, or transfers to corporations, limited partnerships, or any other entity owned or controlled by the Contractor upon the effective date of the Contract, and transactions effected on any securities exchange registered with the U.S. Securities and Exchange Commission, shall not constitute a Change in Control. City: The word "City" means the City of Spokane Valley, Spokane County, Washington. As used in the Contract, use of the term "City" may include reference to the City Manager, or his/her designated representative. City Service Area: The terns "City Service Area" means the service boundaries indicated in Attachment A as of the Date of Commencement of Service, as revised from time to time in accordance with Section 3.1.2. City of Spokane Valley 2 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract City Disposal System: The City's Disposal System is the City's designated transfer, transport, and disposal provider as providedpursuant to contract and as designated within the City's Solid Waste Management Plan. As of the Date of Execution, the City's Disposal System is provided through Sunshine Recyclers, Inc. at the University Transfer Station, located at 2405 North University, Spokane Valley, Washington 99206. Commercial Customer: The term "Commercial Customer" means non -Residential Customers, including businesses, institutions, governmental agencies, and all other users of commercial -type Garbage collection services. Compostables: The word "Compostables" means Yard Debris and Food Scraps, separately or combined. Contractor: The word "Contractor" means XXXX, which has contracted with the City to collect, transport, and dispose of Garbage, and to collect, process, market, and transport Recyclables and Compostables. Contract: means this Contract between the City and Contractor and all mutually adopted amendments thereto. Container: The word "Container" means any Micro -can, Mini -can, Garbage Can, Cart, Detachable Container, or Drop -box Container used in the performance of this Contract, and shall include both loose and compacting Containers. County: The word "County" means Spokane County, Washington State. Curti or Curbside: The words "Curb" or "Curbside" refer to the Customers' property, within five feet of the Public Street or Private Road (or on the sidewalk, if there is no Customer property within five feet of the Public Street or Private Road) without blocking sidewalks, driveways, or on -street parking. Customer: The word "Customer" means all users of the services provided by the Contractor as contained herein, including property owners, managers, and tenants. Date of Commencement of Service: The term "Date of Commencement of Service" is April 1, 2018, which is the date that the Contractor agrees to commence the provision of collection and other services as described throughout this Contract. Date of Execution: The term "Date of Execution" means the date that this Contract is executed by all signatories. Detachable Container: The term "Detachable Container" means a watertight metal or plastic container equipped with a tight -fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one cubic yard or greater than eight cubic yards in capacity. Driveway: The word "Driveway" means a privately -owned and maintained way that connects a Residence or parking area/garage/carport with a Private Road or Public Street. Drop -box Container: The term "Drop -box Container" means an all -metal container with 10 cubic yards or more capacity that is loaded onto a specialized collection vehicle. Excluded Materials: These materials include waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio -hazardous, regulated medical or Hazardous Waste materials. City of Spokane Valley 3 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract Extra Unit: The term "Extra Unit" means excess materia! that does not fit in the Customer's primacy Container. In the case of Cart services, an Extra Unit is 32 -gallons, and may be contained in either a plastic bag or Garbage can. In the case of Garbage Containers one cubic yard or more in capacity, an Extra Unit is one cubic yard. Food Scraps: The term "Food Scraps" means all compostable pre- and post -consumer food waste, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds, or egg shells, and food -soiled paper, such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper products accepted by the Contractor's selected composting site. Food Scraps shall not include dead animals, plastics, diapers, kitty litter, liquid wastes, ashes, pet wastes, or other materials prohibited by the selected composting facility. The range of materials handled by the Compostables collection program may be changed from time to time upon mutual agreement of the parties to reflect those materials allowed by the selected composting facility. Garbage: The word "Garbage" means all putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to, rubbish, cold bagged ashes, industrial wastes, swill, demolition and construction wastes, dead small animals completely wrapped in plastic and weighing less than 15 pounds, and discarded commodities that are placed by Customers in appropriate Containers, bags, or other receptacles for collection and disposal by the Contractor. Needles or "sharps" shall be included in the definition of Garbage to the extent they are allowed to be disposed of lawfully pursuant to current Spokane County Regional Health District rules and policy. The term Garbage shall include C&D Waste, but shall not include Hazardous Wastes, Source -separated Recyclables, or Source -separated Compostables. Garbage Can: The terns "Garbage Can" means a Container that is a water -tight, rodent and insect resistant galvanized sheet -metal or plastic container kept in a usable, safe and sanitary condition by the Customer at all times and that does not exceed four cubic feet or 32 gallons in capacity; fitted with two sturdy looped handles, one on each side; and fitted with a tight cover equipped with a handle. Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic, or dangerous waste, substance, or material, or contaminant, pollutant, or chemical, known or unknown, defined or identified as such in any existing or future local, state, or federal law, statute, code, ordinance, rule, regulation, guideline, decree, or order relating to human health or the environment or environmental conditions, including but not limited to any substance that is: A. Defined as hazardous by 40 C.F.R. Part 261.3 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid. Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling, or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA; 13. Defined as dangerous or extremely hazardous by WAC 173-303-040 and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling, or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW; and City of Spokane Valley 4 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract C, Any substance that comes within the scope of this definition as determined by the City after the Date of Execution of this Contract. Any substance that ceases to fall within this definition as determined by the City after the Date of Execution of this Contract shall not be deemed to be Hazardous Waste. Micro -can: The word "Micro -can" means a water -tight, plastic, 10 gallons capacity Container; fitted with two sturdy handles, one on each side; and, fitted with a tight cover. Mini -can: The word "Mini -can" means a water -tight, plastic or metal, 20 gallons capacity Container; fitted with two sturdy handles, one on each side; and, fitted with a tight cover. Multifamily Complex: The term "Multifamily Complex" means multiple -unit Residences with multiple attached or unattached units billed collectively for Garbage collection service. Office Hours: The term "Office Hours" means the period 7:00 am to 6:00 pm, Pacific Standard Time Monday through Friday and 9:00 am to 1:00 pin, Pacific Standard Time on Saturdays. On-call: The term "On-call" means the provision of specified services only upon direct telephone, written, or e-mailed request of the Customer to the Contractor. Private Road: The term "Private Road" means a privately -owned and maintained way that allows for access by a service vehicle and that serves multiple Residences. Public Street: The term "Public Street" means a public right-of-way used for public travel, including public alleys. Putrescible Waste: The term "Putreseible Waste" means Garbage that contains organic matter capable of being decomposed by microorganisms, and of such a character and proportion as to cause obnoxious odors and to be capable of attracting or providing food for animals, including but not limited to food waste, used diapers and pet waste. Recycling: The word "Recycling" refers to the preparation, collection, transport, processing, and marketing of Recyclables. Recyclables: The word "Recyclables" means the materials designated as being part of a Residential or Commercial Recycling collection program, as listed in Attachment C. Residence/Residential: The words "Residence" or "Residential" mean a living space with a kitchen that is individually rented, leased, or owned. Single-family Residence: The term "Single-family Residence" means all one -unit houses, duplexes, triplexes, four-plexes, and mobile homes that are billed individually and located on a Public Street or Private Road. Source -separated: The term "Source -separated" means certain reclaimable materials that are separated from Garbage by the Customer for recycling or reuse, including but not limited to Recyclables, Yard Debris, Food Scraps, and other materials. Strike Contingency Plan: The term "Strike Contingency Plan" means the plan that the Contractor will develop pursuant to Section 3.1.20 of this Contract. City of Spokane Valley 5 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract Transition and Implementation Plan: The term "Transition and Implementation Plan" means the plan that the Contractor will develop pursuant to Section 3.1.23 of this Contract. WUTC: The term "WUTC" means the Washington Utilities and Transportation Commission. Yard Debris: The term "Yard Debris" means leaves, grass, branches and plant trimmings and other similar plant and vegetative waste. Materials larger than four inches in diatneter, four feet in length are excluded except for Christmas trees which may be set out whole for collection. Bundles of Yard Debris up to two feet in diameter by four feet in length and no more than 55 pounds shall be allowed, and shall be secured by degradable string or twine, not nylon or other synthetic materials. 1. TERM OF CONTRACT The term of this Contract is ten years, starting on the Date of Commencement of Service and ending midnight March 31, 2028. The City inay, at its sole option, extend the Contract up to two additional two- year extensions. Any extension granted shall be under the original terms and conditions of this Contract -- along with any amendments that exist at the time of the extension. To exercise the option to extend this Contract, written notice shall be given by the City to the Contractor at least 180 days prior to the expiration of the Contract term. With the Contractor's written consent, the requirement of 180 days prior notice of exercise of the City's option to extend may be waived in any instance. 2. CONTRACTOR REPRESENTATIONS AND WARRANTIES The Contractor represents and warrants to the City as follows: • Organization and Qualification. The Contractor is duly incorporated, validly existing, and in good standing under the laws of the state of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Contract. • Authority. The Contractor has the authority to execute this Contract, to make the representations and warranties set forth in it, and to perform the obligations of the Contractor under this Contract in accordance with its terms. This Contract has been validly executed by an authorized representative of the Contractor, and constitutes a valid and legally binding and enforceable obligation of Contractor. • Government Authorizations and Consents. The Contractor has or will obtain at its sole cost prior to the Date of Commencement of Service any such licenses, permits, and other authorizations from federal, state, and other governmental authorities, as are necessary for the performance of its obligations under this Contract. • Compliance With Laws. The Contractor is not in violation of any applicable laws, ordinances, or regulations, which may impact the Contractor's ability to perform its obligations under this Contract or which may have any impact whatsoever on the City. The Contractor is not subject to any order or judgment of any court, tribunal, or governmental agency that impacts its operations or assets or its ability to perform its obligations under this Contract. • Accuracy of Information. None of the representations or warranties in this Contract, and none of the documents, statements, reports, certificates, or schedules furnished or to be furnished by the Contractor pursuant hereto or in connection with the performance of the obligations contemplated City of Spokane Valley 6 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract under this Contract, at any time contain or will contain untrue statements of a material fact or omissions of material facts. • Independent Examination. In accepting these responsibilities, the Contractor represents and affirms that it has made its own examination of all conditions affecting the performance of this Contract, currently and into the future, and of the quantity, quality, and expense of labor, equipment, vehicles, facilities, properties, materials needed, and of applicable taxes, permits, and applicable laws. The Contractor affirms that within the City Service Area it is aware of the present placement and location of all Containers. The Contractor represents and warranties that it is capable of continuing to collect all Containers from their present locations, and that it is capable of providing service to and collection of Containers in any areas of the City Service Area that may be built out or developed during the term of this Contract. 3. SCOPE OF WORK 3.1 General Collection System Requirements 3.1.1 City Service Area The Contractor shall provide all services pursuant to this Contract throughout the entire City Service Area. 3.1.2 Annexation If, during the term of the Contract, additional territory is added to the City through annexation or other means within which the Contractor has an existing WUTC certificate or other franchise for solid waste collection at the time of annexation, the Contractor shall, from the date of annexation, make collection in the annexed area in accordance with the provisions of this Contract at the unit prices set forth in this Contract. This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that its WUTC certificate(s) applicable to those areas (if any) shall be cancelled effective on the date of annexation by the City. The Contractor expressly waives and releases its right to claim any and all damages or compensation from the City, its officers, agents, or assigns arising out of the cancellation of any pre-existing permit or franchise held by the Contractor prior to annexation, and further specifically waives the right to receive any additional compensation or any rights of collection in the newly annexed territory. The term during which the Contractor shall service any future annexation areas shall be seven years from the date of annexation, notwithstanding the term set forth in Section 1 of this Contract. If additional territory is added to the City through annexation within which the Contractor does not have an existing WUTC certificate or other franchise for Garbage or other collections and that annexed area is served by another certificated hauler, then, the Contractor agrees to make collections in such annexed areas in accordance with the provisions of this Contract at the unit price set forth in this Contract solely upon written notification from the City. The City shall negotiate a separate franchise with that certificated hauler as authorized by State law and shall authorize the Contractor to service that newly annexed area at such time as may be authorized by State law and this Contract. In the event that additional territory is added to the City Service Area, the City acknowledges that equipment, such as Contract -compliant vehicles and. Containers, may take time to procure; and therefore, shall not charge performance fees as outlined in Section 5.1 to the Contractor for reasonable delays in the City of Spokane Valley 7 October, 2016 Comprehensive Garbage, Recyclables, and Conrpostables Collection Contract provision of services to annexed areas covered by this section due to procurement delays that are not within the control of the Contractor, 3.1.3 Service to Residences on Private Roads and Driveways The Contractor shall provide Curbside service to all Residences located on Private Roads, except as noted in this Section. Drive-in charges are to be used only for requested service on Driveways and are prohibited on Private Roads. In the event that the Contractor believes that a Private Road cannot be safely negotiated or that providing walk-in service on Driveways for Single-family Residence Customers is impractical due to distance or unsafe conditions, the Contractor may request the City to evaluate on-site conditions and make a determination of the best approach for providing safe and appropriate service to the Customer. The City's determination shall be final, provided that the Contractor shall not be required to endanger workers, equipment, or property. If the Contractor believes that there is a probability of Private Road or Driveway damage, the Contractor shall inform the respective Customers and may require a road damage waiver agreement in a form previously approved by the City. In such event, if the Customers refuse to sign such a road damage waiver, the Contractor may decline to provide service on those Private Roads or Driveways, and the Customers will only be serviced from the closest Public Road access. Such determination that damage is probable must be approved in writing by the City prior to any action or refusal of service by the Contractor. 3.1.4 Hours/Days of Collection All collections from Single-family Residential Customers and Residential zones shall be made between the hours of 7:00 a.m. and 6:00 p.m. on a consistent weekday, unless the City authorizes a temporary extension of hours or days. Should a customer notify the Contractor of a missed collection not later than 12:00 p.m. (noon), the Contractor may perform collection until 6:00 p.m., otherwise collection shall occur on the day following the Customer's regular collection, including Saturdays. Saturday collection is allowed to the extent consistent with missed collection recovery, holiday and inclement weather schedules, or as approved by the City and shall occur during the same hours as weekday Residential collection. Collections from Cormnercial Customers within Commercial zones may be made between the hours of at any time provided that service to those Customers shall not disturb Residential Customers in adjoining or mixed Residential zoned areas. Collections from Commercial Customers within audible distance of Residential Customers outside of Commercial zones shall be made only between the hours of 7:00 a.m. and 6:00 p.m., and no earlier than 9:00 a.rn. on Saturday. Exemptions to the hour requirements may be granted in writing in advance by the City to accommodate the special needs of Commercial Customers where allowed by the City's noise code. The City's noise ordinance, as amended from time to time, may further restrict these terms and hours of collection. Collections from Commercial Customers shall occur based on Customer needs and prior arrangement Monday through Saturday. 3.1.5 Employee Conduct The Contractor's employees collecting Garbage, Recyclables, or Compostables shall at all times be courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their work without delay, minimize noise, and avoid damage to public or private property. If on private property, Contractor employees shall follow the regular pedestrian walkways and paths, returning to the street after City of Spokane Valley 8 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract replacing empty Containers. Contractor employees shall not trespass or loiter, cross flower beds, hedges, or property of adjoining premises, or meddle with property that does not concern them or their task at hand. While performing work under the Contract, Contractor employees shall wear a professional and. presentable uniform with an identifying name badge and company emblem visible to the average observer. At the City's option and direction, Contractor employees shall work with groups or organizations, such as neighborhood community organizations, homeowner associations, or the City's Police, and other agencies providing utilities and services (e.g., Fire) for training to recognize and call the appropriate agency when suspicious activities or when street or utility deficiencies are observed. If any person employed by the Contractor to perform collection services is, in the opinion of the City, incompetent, disorderly, or otherwise unsatisfactory, the City shall promptly document the incompetent, disorderly, or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a demand that such conduct be corrected. The Contractor shall promptly investigate any written complaint from the City regarding any unsatisfactory performance by any of its employees and take immediate corrective action. If the offending conduct is repeated, the City may require that the person be removed from all performance of additional work under this Contract. In that event, the Contractor shall immediately remove that person from further performance of work under this Contract. 3.1.6 Disabled Persons Service The Contractor shall offer carry -out service for Garbage, Recyclables, and Cornpostables to Single-family Residence Customers lacking the ability to place Containers at the Curb, at no additional charge, provided that there shall be no other able-bodied person living or residing at the Residence of the Customer applying for Disabled Persons Service. 3.1.7 Holiday Schedules The Contractor shall observe the same holiday schedule as does the City's Disposal System. When those holidays fall on a regular collection day, the Contractor shall reschedule the remainder of the week of regular collection to the next succeeding business day, which shall include Saturdays. The Contractor may not collect Single-family Residence and Multifamily Complex Garbage, Recyclables, or Compostables earlier than the regular collection day due to a holiday. Commercial collections may be made one day early only with the consent of the Commercial Customer. Holiday information shall be included in written program materials, on the Contractor's web site, and via press releases to general news media in the Spokane Valley area by the Contractor the week prior to the holiday affecting service. 3.1.8 Inclement Weather The Contractor shall provide all collection services unless weather conditions are such that continued operation would result in danger to the Contractor's staff, area residents, or property. In that event, the Contractor shall collect only in areas that do not pose a danger. The Contractor shalt notify the City by e- mail or phone (at the City's option) of the areas not to be served by 6:00 a.m. on the same business day if adverse conditions develop overnight or within one hour if adverse conditions develop during the workday after 6:00 a.m. Once Contractor vehicles are on -route, areas intentionally missed due to hazardous conditions and not previously reported to the City, shall be approved by a route supervisor and reported to the City not later than 12:00 p.m. (noon) on the same business day. The Contractor shall provide automated notification calls, texts, or e-mails (at Customers' preference) to all missed Customers by 3:00 p.m., including information on when their next collection is expected. The Contractor shall collect Garbage, Recyclables, and Compostables from Customers with interrupted service on the next regular collection cycle. When service is resumed, the Contractor shall collect City of Spokane Valley 9 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract reasonably accumulated excess volumes of materials equal to what would have been collected on the missed collection day from Customers at no extra charge. Weather policies shall be included in prograrn information provided to Customers. On each inclement weather day, the Contractor shall release notices by 6:00 a.m. to the Contractor's website, local print and electronic media notifying residents of the modification to the collection schedule. The City may specify additional media outlets for Contractor announcements at the City's discretion. If Garbage collection is interrupted for two consecutive weeks (for example: Wednesday Customers are missed for two consecutive Wednesdays) due to inclement weather, the Contractor shall provide two City -approved collection locations within the City Service Area where any Residential Customer, regardless of collection day, may bring their Garbage for drop-off at no additional cost to the Customer. Site locations shall be defined by the City. These sites shall remain open for collection until regularly scheduled service resumes for those missed areas. 3.1.9 Suspending Collection from Problem Customers The City and Contractor acknowledge that some Customers may cause disruptions or conflicts that make continued service to that Customer unreasonable. Those disruptions or conflicts may include, but not be limited to repeated damage to Contractor -provided containers, repeated suspect claims of timely set -out followed by demands for return collection at no charge, repeated unsubstantiated claims of Contractor damage to a Customer's property, abusive and/or threatening language on the Customer's part, or other such problems. The Contractor shall make every reasonable effort to provide service to those problem Customers. If the problem continues, the Contractor may deny or discontinue service to a problem Customer after prior written notice is given to the City of the intent to deny or discontinue service, including the name, service address, reason for such action, and if reasonable efforts to accommodate the Customer and provide services have occurred and failed. If the Customer submits a written letter or e-mail to the City appealing the Contractor decision, the City may, at its discretion, intervene in the dispute. In this event, the decision of the City shall be final. The City may also require the denial or discontinuance of service to any Customer who is abusing the service or is determined to be ineligible. 3.1.10 Missed Collections If Garbage, Recyclables, or Compostables are set -out inappropriately, improperly prepared, or contaminated with unacceptable materials, the Contractor shall place in a prominent location a written notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for collection. Failure to provide proper written notification to Customers ofthe reason for rejecting materials for collection shall be considered a missed collection and subject to performance fees due to lack of proper Customer notification. The failure of the Contractor to collect Garbage, Recyclables, or Compostables that have been set -out by a Customer in the proper manner on the appropriate day shall be considered a missed collection, and the Contractor shall collect the materials from the Customer on the same day if notified of the missed collection during by 3:00 PM on the day of the miss, otherwise the collection shall occur on the next day. Customers giving notice after 3:00 PM Friday shall receive a make-up collection the following Monday. The Contractor shall maintain a record of all calls related to missed collections and the response provided by the Contractor. Such records shall be made available for inspection upon request by the City, and the information shall be included in quarterly reports. (See Reporting requirements set forth in Section 3.3.4). City of Spokane Valley 10 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor, which the Contractor can prove through documentation (e.g. the Containers were not placed at the curb on-time and the driver documented that fact in a log, with a photograph, etc.), the Contractor shall be permitted to charge the Customer an additional return trip fee for this service, provided the Contractor notifies the Customer of this charge prior to and on the same day of the return trip, and the Customer agrees to payment of the return trip fee. The Contractor shall not be liable for a missed collection in such case. 3.1.11 Same Day Collection Garbage, Recyclables, and Compostables collection shall occur on the same regularly scheduled day of the week for Single-family Residence Customers. The collection of Garbage, Recyclables, and Compostables from Multifamily Complexes and Commercial Customers need not be scheduled on the same day. 3.1.12 Requirement to Recycle and Compost; Maintaining Quality Assurance Through Monitoring The Contractor shall recycle all Source -separated Recyclables collected and compost all Source -separated Compostables collected, unless express prior written permission is provided by the City. The Contractor shall use vehicles and processing systems that minimize unnecessary breakage and cross -contamination of materials. The landfilling, incineration, or other disposal of uncontaminated Source -separated Recyclables or Compostables by the Contractor is expressly prohibited without the express prior written approval of the City. The direct land application of Compostables is allowed, provided that the land application occurs at agronomic rates and is expressly permitted or approved by the local health district jurisdiction and other relevant regulatory agencies. Compostables delivered for acceptance at a composting facility or transfer facility shall comply with State and local regulations applicable to that facility. Visually obvious contaminants included with either Source -separated Recyclables or Compostables shall not be collected, and shall be left in the Customer's Container with a prominently displayed written notification tag explaining the reason for rejection and stating that the Customer may either remove the contaminated materials to meet the standards for Recyclables or Compostables or that if the contaminated materials are not removed, the Cart shall be collected on the next regular collection cycle as Garbage as an Extra Unit. In either case, the materials shall be collected on the next regular collection cycle unless the Customer pays for a return trip. 3.1.13 Routing, Notification and Approval The Contractor shall indicate, on a map acceptable to the City, the day of the week Garbage, Recyclables, and Compostables shall be collected from each Single-family Residence. The Contractor collection routes shall not cross municipal boundaries, provided that Contractor collection vehicles used within the City may be used elsewhere if they are emptied before and after such other use, and the Contractor has obtained prior City approval in writing. If a collection route services any Customer outside the City Service Area without prior written approval from the City, the Contractor shall be liable for performance fees as described in Section 5.1 and any other associated liability. The Contractor may change the day of Single-family Residence collection by giving written notice to the City at least 45 days prior to the effective date of the proposed change and obtaining written approval from the City. Should the City approve the proposed change, the Contractor shall provide affected Customers with at least 14 days written notice of pending changes for the collection day. Seven days prior City of Spokane Valley 11 Comprehensive Garbage, Recyclables, and Com postables Collection Contract October, 2016 to the approved day change, the Contractor shall tag all affected Customers' Garbage Containers, as well as notify all affected Customers of the pending changes via email, text, or a robo-call, depending on the customers opt -in choice. Upon completing collections the week prior to the change, the Contractor shall update their website with a new collection area map that highlights affected areas. The Contractor shall collect double the normal Garbage amount for no additional fee for one week following implementation to ensure that missed Customers are not charged extra. The Contractor shall obtain the prior written approval from the City of the notice to be given to Customers. The Contractor shall be responsible for the cost of designing, printing, and distributing the notice and any revised City educational materials that inform these Customers of their collection day. The Contractor may change the day of Multifamily Complex or Commercial Customer collection by giving at least 14 days written notice of the pending collection day change to the affected Customers. The Contractor shall obtain from the City written approval of a collection day change prior to Contractor's notification of the Multifamily Complex customer or Commercial Customer, and of the form of any notice of such change to be given to affected Multifamily Complex or Commercial Customers. The Contractor shall be responsible for the cost of designing, printing, and distributing any notifications and any revised City educational materials that inform these Customers of their collection day. The City shall review proposed changes promptly and shall not unreasonably withhold or delay approval for route changes. 3.1.14 Vehicle and Equipment Type/Age/Condition/Use The Contractor shall use collection vehicles no greater than 10 years old, based on chassis model year, unless otherwise authorized in writing by the City. Stand-by vehicles used fewer than thirty (30) operating days per calendar year may be older, but shall be presentable, shall be in safe working condition, and shall be subject to all other conditions of this Section. The accumulated annual use of individual back-up vehicles shall be reported in the Contractor's quarterly report. Vehicles used in the performance of this Contract shall be of sufficient size and dimension to provide service to all Customers, regardless of location. In some cases, this may mean that a small collection vehicle, capable of servicing narrow and/or tight locations must be used, and it is expected that the Contractor will make such vehicles available to ensure smooth, safe and effective collection services throughout the City Service Area. Vehicles shall have a switchable placard that clearly indicates the type of material currently collected by that truck (e.g. Garbage, Recyclables, or Compostables). The colors, trim scheme, and design to be used by the Contractor on the switchable placards shall be subject to the prior written approval of the City. Vehicles used in the performance of this Contact shall only be used for the collection of materials they are otherwise designated for. Vehicles shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least once each week unless adverse weather conditions preclude washing. All collection equipment shall have appropriate safety markings, including all highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with current statutes, rules and regulations. Equipment shall be maintained in good condition at all times. Vehicles shall be repainted upon showing rust on the body or chassis. All parts and systems of the collection vehicles shall operate properly and be maintained in a condition compliant with all federal, state, and local safety requirements and be in a condition satisfactory to the City. All vehicles shall be equipped with variable tone or proximity activated reverse movement back-up alarms. City of Spokane Valley 12 October, 2016 Comprehensive Garbage, Recyclables, and Coinpostables Collection Contract The Contractor shall maintain collection vehicles and Containers to ensure that no liquid wastes (e.g. Garbage or Compostables leachate) or oils (e.g. lubricating, hydraulic or fuel) are discharged to Customer premises or City streets. All collection and route supervisor vehicles used by the Contractor shall be equipped with a spill kit sufficient in size to contain a complete spill from the largest liquid tank on the collection vehicle. Any equipment not meeting these standards shall not be used 'withi.n the City Service Area until repairs are made. Any discharge of liquid wastes or oils that may occur from Contractor's vehicles or Containers, prior to them being removed from. service, shall be cleaned -up or removed within three hours of being noticed by route staff, Customers or the City, and shall be remediated by the Contractor at its sole expense. Such clean-up or removal shall be documented with pictures, and notice of such clean-up or removal shall be provided to the City in writing. The Contractor shall immediately notify the City by calling XXX of any spills that enter drainages. Failure by the Contractor to clean-up or remove the discharge in a timely fashion to the satisfaction of the City shall be cause for performance fees, as described in Section 5.1. The Contractor shall notify the City and Customer of any leakage from non -Contractor -owned Containers immediately, in order to address those spills in a timely manner. The Contractor shall maintain all vehicles used in the City Service Area in a manner intended to achieve reduced noise levels, operating cost, and fuel use. All collection vehicles shall be operated in a manner to avoid extended idling. The Contractor's name, logo, customer service telephone number and website address shall be clearly identified on Contractor's vehicles. No additional advertising shall be allowed on Contractor vehicles unless previously approved in writing by the City. Special promotional messages may be permitted by the City provided they are either painted directly on vehicles or on special placards attached to vehicles. City approval shall be in writing and solely within the City's discretion. All collection vehicles shall be labeled with a sign on the rear, with lettering not less than four inches high and clearly visible from a minimum of 20 feet away, stating "Driving or Spillage Complaints? Call XXX" or as amended by the City. The vehicle inventory number shall be displayed adjacent to this message. All Contractor route, service, and supervisory vehicles shall be equipped with properly licensed two-way communication equipment. The Contractor shall maintain a base station or have equipment capable of reaching all collection areas. Collection vehicles shall also be equipped with back-up cameras. AH collection vehicles shall be equipped with global positioning systems (GPS), as well as an on -board computer and data tracking system to track route progress and log non -set -outs, extras, and other service issues. The system shall incorporate photo documentation of route exceptions. The resulting data shall be uploaded to the Contractor's Customer service database no less than hourly to allow Customer service personnel to be fully apprised of route progress, and be able to address misses and other Customer inquiries in near real-time. 3.1.15 Container Requirements and Ownership All collection services provided under this Contract specifically include the costs of the associated Garbage, Recycling and Compostables Container and the cost of Contractor -provided Containers are incorporated in the Garbage fees included in Attachment B, unless Container rental for a particular service is specifically listed in Attachment B, such as rent for Drop -box Containers, City of Spokane Valley 13 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract Customers may use either their own or Contractor -provided Containers for Garbage collection service. Plastic bags may be used for excess volumes of Garbage, but not as a Customer's primary container. In the event the Customer uses their own Container, the Contractor shall handle the Customer -owned Garbage Container in such a way as to prevent undue damage. The Contractor shall be responsible for unnecessary or unreasonable damage to Customer -owned Containers. Customers may elect to own or secure Containers from other sources, and shall not be subject to discrimination by the Contractor in collection services on that account. However, Containers owned or secured by Customers must be capable of being serviced by the Contractor's collection vehicles to be eligible for collection. The Contractor shall provide labels and collection service for compatible Customer -owned or -secured Containers. The Contractor is not required to service Customer Containers that are not compatible with the Contractor's equipment. In the event of a dispute as to whether a particular Container is compatible, the City shall make a final determination. 3.1.15.1 Garbage, Recyclables, and Compostables Carts The Contractor shall procure and maintain a sufficient quantity of Containers to service the City's Customer base, including seasonal and economic variations in Container demand. Failure to have a Container available when required by a Customer shall subject the Contractor to performance fees, as provided in Section 5. The Contractor shall provide 10 -gallon Micro -cans or 20-, 32-, 45-, 64-, and 96 -gallon Garbage Carts for the respective level of Garbage collection, and 32-, 64-, and 96 -gallon Recyclables and Compostables Carts for the respective level of Recyclables or Compostables collection. All Carts shall be manufactured from a minimum of 10% post -consumer recycled plastic, with a lid that will accommodate a Contractor affixed screening or label. Carts shall be provided to requesting Customers within seven days of the Customer's initial request. Replacement Carts and Carts provided to new Customers during the term of the Contract may be previously used, but shall be clean, in good condition and with new or near -new instructional decals with information relevant to Spokane Valley in-place prior to Cart distribution. All Contractor -provided Carts shall be maintained by the Contractor in good condition for material storage and handling; contain no jagged edges or holes; contain wheels or rollers for movement; and be equipped with an anti-skid device or sufficient surface area on the bottom of the container to prevent unwanted movement. The Carts shall contain instructions for proper use, including any Customer actions that would void manufacture warranties (such as placement of hot ashes in the container causing the container to melt), andprocedures to follow to minimize potential fire problems. Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair needs for Contractor -provided Carts (including those for Garbage, Recyclables, and Compostables) and forward written or electronic repair notices that day to the Contractor's service personnel. Cart repairs shall then be made within seven days at the Contractor's expense. Any Cart that is damaged or missing on account of an accident, act of nature or the elements, fire, or theft or vandalism by a third party shall be replaced not later than three business days after notice from the Customer or City. In the event that a particular Customer repeatedly damages a Cart or requests more than one replacement Cart more frequently than a time period allowing for reasonable wear and tear during the term of the Contract or due to negligence or misuse, the Contractor may charge the Customer for the depreciated value of the Cart, based on 10 -year straight-line depreciation, and shall forward in writing the Customer's City of Spokane Valley 14 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract naive and address to the City with a full explanation of incident(s). In the event that the problem continues, the Contractor may discontinue service to that Customer, provided the City gives previous written approval specific to that Customer. 3.1.15.2 Detachable Containers and Drop -box Containers The Contractor shall furnish and install I-, 2-, 3-, 4-, 6-, and 8 -cubic yard Detachable Containers, and 10-, 20-, 30-, and 40 -cubic yard un -compacted Drop -box Containers to any Customer who requires their use for storage and collection of Garbage or Recyclables within three days of the Customer's request. Containers shall be located on the premises in a planner satisfactory to the Customer and for collection by the Contractor and shall indicate the Container size and day of collection. The Contractor shall charge rent for temporary and permanent Drop -box Container service in accordance with the rates listed in Attachment B. The Contractor may not charge Customers any fees, charges, rates, or any expenses in connection with Drop -box Container service other than those rental rates listed in Attachment 13. Detachable Containers shall be watertight and equipped with tight -fitting metal or plastic covers; have four wheels for Containers 3 -cubic yards and under unless otherwise requested by a Customer; be in good condition for Garbage or Recyclables storage and handling; be safe for the intended use; and, have no leaks, jagged edges, or holes. Drop -box Containers shall be all -metal, and if requested by a Customer, equipped with a tight -fitting screened or solid cover operated by a winch in good repair. If non -lidded Drop -boxes are used by the Contractor, the Contractor shall equip its vehicles with tarping systems to ensure that materials are not spilled during transport. Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary) before being supplied to a Customer who has not used it earlier. The Contractor shall provide an On-call Container cleaning service to Customers. The costs of On-call cleaning shall be billed directly to the Customer in accordance with Attachment B. As between the Contractor and the City, all Containers on Customers' premises are at the Contractor's risk and not the City's. The Contractor shall repair or replace within one business day any Container that was supplied by or taken over by the Contractor and was in use if the City, local health department inspector, or other agent having safety or health jurisdiction determines that the Container fails to comply with reasonable standards or constitutes a health or safety hazard. 3.1.15.3 Ownership At the end of the Contract term or in the event the Contract is terminated for any reason, all Containers used by the Contractor to provide Contract collection services, including but not limited to Contractor - owned Containers, shall, at the option of the City, revert to City ownership without further compensation to the Contractor. Compactor Drop -boxes and Drop -boxes and Detachable Containers held in reserve at the Contractor's yard and not actively in service at a Customer location are excluded from this provision. Upon written notice to the Contractor, the City may elect to assign this potential ownership of said Containers to a third -party. Any remaining warranties associated with the Containers described herein shall be transferred to the City or the City's assignee. The City in advance accepts all such Containers in their "as -is, where -is" condition and without any express or implied warranty by the Contractor of any kind, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR ANY WARRANTY OF City of Spokane Valley 15 October, 2016 Comprehensive Garbage, Recyclabtes, and Contpostables Collection Contract MERCHANTABILITY. As between the City and the Contractor, the City assumes all risks of loss or liability on account of the City's exercise of its rights under this Section 3.1.15.3 or any use made of any such Containers after they become the property of the City or assignee of the City. 3.1.15.4 Container Colors and Labeling Contractor -provided Containers used for the collection of Recyclables, shall be blue. Contractor -provided Containers used for the collection of Compostables shall be green. Contractor -provided Containers used for the collection of Garbage shall be gray. Specific Container colors shall be approved in writing by the City prior to the Contractor's order of new Containers. All Contractor -provided Garbage Carts, Recycling Carts, and Compostables. Carts shall have materials preparation instructions and telephone/contact information, including both a customer service phone number and website address, either screened or printed on a sticker on the lid and shall be subject to the prior written approval of the City. Cart and Container size shall be clearly screened, molded -in, molded - on, imprinted, or otherwise labeled on each Cart and Container provided by the Contractor. Information shall be screened on, molded -in, or molded -on the Carts, or printed on durable UV -resistant label stock squarely affixed to the lid on each Cart. All screening, molding, or labels shall be approvedin writing by the City prior to ordering by the Contractor. Location of the screen, molding, or label on the Carts and Containers shall be subject to the City's prior written approval. All Contractor -provided Detachable Containers and Drop -box Containers to be used for Garbage or Recyclables collection shall have materials preparation instructions and telephone/contact information, including both a customer service phone number and a website address, either screened or printed on a sticker, all subject to the prior written approval of the City. All Detachable Containers and Drop -box Containers to be used for Garbage or Recyclables shall have labeling affixed that states: "Leaky dumpster? Damaged Lid?" and provides a phone number to call for repair or replacement. Information shall be printed in a size that is easily read by the users, on durable UV -resistant label stock squarely affixed to each Container. All labels shall be approved in writing by the City prior to ordering by the Contractor. hidividual Detachable Containers and Drop -box Containers with faded or damaged paint shall be repainted upon City or Customer request. Contractor -provided Containers used for the collection of Recyclables from Multifamily Complex Customers shall be relabeled by the Contractor once every five years or upon Customer or the City's request for any particular Container. The City may waive the five-year mandatory relabeling requirement, at its sole option, for Containers with particularly long-lasting stickers. Labels and molded or screened information on all other Containers shall be replaced by the Contractor when faded, damaged, or upon City or Customer request. For Contractor -provided Containers, the Contractor shall within three days cover graffiti with paint that closely matches the Containers existing paint or color, when notified by the City or Customer. The Contractor may choose to replace Containers and perform maintenance at its own site or provide the over - painting at the Customer's site, but shall not charge the City or Customer for this service. 3.1.15.5 Container Weights The Contractor may charge an overweight fee for Micro -cans, Mini -cans, Garbage Cans, and Garbage Carts exceeding two pounds per gallon of Container capacity, unless a Customer has flagged their account for no extras or overweight collection. The Contractor shall not be required to collect Extra Units in bundles or bags exceeding 55 pounds. In the event that a Container or Extra Unit is not eligible for City of Spokane Valley 16 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract collection and/or too heavy to move, the Contractor may refuse collection and tag the Container with an explanation requesting the Customer to reduce the Container weight. If a Recycling or Compostables Cart exceeds the limits specified for Garbage Carts, the Contractor shall collect the Cart if it can safely do so, and provide notification to the Customer via written tag or phone call that they must reduce the Cart weight to continue to receive collection. The Contractor shall not be required to collect subsequent overweight Carts provided that an actual Cart weight is measured and provided in writing to the Customer and the City. Overweight fees shall not apply to Recycling or Compostables Carts. No specific weight restrictions are provided for Detachable Containers; however, the Contractor shall not be required to lift or remove materials from a Detachable Container exceeding the safe working capacity of the collection vehicle. The combined weight of Drop -Box and contents must not cause the collection vehicle to exceed legal road weight limits. 3.1.15.6 Container Removal Upon City or Customer Request The Contractor shall remove all Containers upon service cancellation within seven days of the final paid collection service date or upon three days of specific Customer, property manager, property owner, or City request. The contents of Containers removedafter a Customer's final paid collection service shall be managed as if they were collected on a regular route (e.g. Recyclables shall be recycled, Compostables shall be delivered for composting) at the Contraetor's, not Customer's cost. Failure to remove Containers within the specified timeline shall be subject to the same performance fees as delayed Container delivery for that Customer sector. 3.1.15.7 Container Placement The Contractor shall provide Container placement direction to Customers in educational and promotional materials to minimize the blocking of sidewalks in such a way that might hinder or block pedestrians. The Contractor shall return Containers to the same location once emptied. The Contractor shall collect from areas mutually agreed upon by the Contractor and Customer with the least slope and best vehicle access possible. For Customers that must stage their Containers on Public Streets or on significantly sloped hills, the Contractor shall make a good faith effort to work with the Customer to ensure that the Containers are not left unattended in problematic staging areas and are sufficiently restrained such that the Container may not roll and cause harm to persons or property. The Contractor niay require the Customer to attend to the Containers immediately prior to and after collection. Any disputes arising between the Contractor and the Customer as to what constitutes a "significantly sloped hill" or a "safety hazard" shall be submitted in writing to the City, and the City's decision shall be final. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers after emptying to the same location as found, with their lids closed. 3.1.16 Inventory of Equipment, Vehicles, Facilities and Containers The Contractor shall provide to the City, on the Date of Commencement of Service of this Contract, a complete inventory of the vehicles and facilities to be used in the performance of this Contract. The inventory shall include each vehicle (including chassis model year, type, capacity, model, and vehicle identification number) and each facility to be used in performance of this Contract (including address and purpose of the facility. The Contractor may change vehicles and facilities from time to time, and shall include the revised inventory in the quarterly report provided for in Section 3.3.4.1. The Contractor shall City of Spokane Valley 17 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract maintain vehicles and facilities levels during the performance of this Contract at least equal to those levels described in the initial inventory. 3.1.17 Spillage All Ioads collected by the Contractor shall be completely contained in collection vehicles at all times, except when material is actually being loaded. Hoppers on all collection vehicles shall be cleared frequently to prevent the occurrence of blowing, leakage, or spillage. Any leakage or spillage of materials that occurs during collection shall be immediately cleaned up or removed by the Contractor at its sole expense. The Contractor shall document the leakage or spillage, including taking pictures before and after clean-up or removal, and shall provide this documentation to the City. Leakage or spillage not immediately cleaned up or removed by the Contractor shall be cause for performance fees, as described in Section 5.1. Should a leakage or spillage occur during collection, Contractor shall notify the City immediately by calling XXX and, likewise, expressly acknowledges it is solely responsible for any local, state, or federal violations, which may result from said leakage or spillage. Any Contractor -supplied Container observed by the Contractor, Customer or City to be leaking shall be replaced by the Contractor within one business day of the Contractor's observation, Customer request or notification from the City. In the event that leakage from Customer -owned Containers or Containers leased from third parties is observed by the Contractor, the Contractor shall immediately inform the City and Customer of the leakage. 3.1.18 Pilot Programs The City may wish to test and/or implement one or more new services or developments in waste stream segregation, materials processing, or collection technology at some point during the term of this Contract. The City shall notify the Contractor in writing at least 90 days in advance (or such longer period as is reasonably required given the nature of the program or technology) of its intention to implement a pilot program or of its intentions to utilize a new technology system on a City-wide basis. The costs (or savings) accrued by City -initiated pilot programs shall be negotiated prior to implementation. If the City deems the pilot a success, and desires to incorporate the service or development represented in the pilot program in the terms of this Contract, the Contractor and the City each agrees to negotiate in good faith and in accordance with Section 7.14 to include the provisions of the pilot program into this Contract, including any costs or savings to be accrued. Contractor -initiated pilot programs shall require prior written notification to and written approval by the City. Contractor -initiated pilot programs shall be performed at no additional cost to the City or the Contractor's Customers; however, savings accrued inay be subject to negotiations prior to implementation at the City's request. Results of any Contractor -initiated pilot program shall be reported to the City in the quarterly reports described in Section 3.3.4.1. The Contractor shall not be required to test or implement any pilot program, new technology, service or development unless the terms and conditions thereof (including any savings or additional compensation to Contractor) have been mutually agreed in writing by the City and Contractor. 3.1.19 Disruption Due to Construction The City reserves the right to construct any improvement or to permit any such construction in any street or alley in such manner as the City may direct, which may have the effect for a time of preventing the Contractor from traveling the accustomed route or routes for collection. The Contractor shall, however, City of Spokane Valley 18 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract by the most expedient manner, continue to collect Garbage, Recyclables, and Compostables to the same extent as though no interference existed upon the streets or alleys normally traversed. This shall be clone at no extra expense to the City or the Contractor's Customers. 3.1.20 Contractor Planning and Performance Under Labor Disruption No later than 90 days prior to the expiration of any labor agreement associated with services performed under this Contract, the Contractor shall provide the City with its planned response to labor actions that could compromise the Contractor's performance under this Contract. The Contractor -prepared Strike Contingency Plan shall address in detail: 1. The Contractor's specific staffing plan to cover Contract services, including identification of staff resources moved from out -of -area operations and the use of local management staff to provide basic services. The staffing plan shall be sufficient to provide recovery of full operations within one week following the initiation of the disruption. 2. Contingency training plans to ensure that replacement and management staff operating routes are able to continue to collect route data and follow collection and material delivery procedures for all material streams collected from Customers. 3. Identification of temporary Drop -box Containers or staffed packer truck locations for all material streams. For all sites identified in the Contractor -prepared Strike Contingency Plan, the Contractor shall list the property owner/lessee's contact information and the date on which permission for temporary use was received. The City shall review these locations, after which the City shall approve or deny in writing use of specific locations. 4. A recovery plan to address how materials will be collected in the event of a short -notice disruption that does not allow the Contractor to collect all materials on their regular schedule (e.g. a wildcat strike) within one week following the initiation of the disruption. The Contractor shall keep the City informed of the status of active labor negotiations on a daily basis, specifically during the period surrounding the end of employee contracts with Contractor employees. In the event that labor disruptions of any kind cause reductions in service delivery, the Contractor shall inform the City within four hours by phone and e-mail of the nature and scope of the disruption, as well as the Contractor's immediate plans to activate any part of or its entire Strike Contingency Plan. At the close of each service day during a Labor Disruption, the Contractor shall report to the City via e-mail the areas (per a detailed map) and customer counts of served and un -served customers by material stream and service sector. In the event that a disruption lasts more than one week, the Contractor shall provide staffed Drop -box Containers or packer trucks for Customer use for each affected material stream in City -approved locations throughout the affected route areas, as well as the collection of reasonable quantities of accumulated materials (at least equal to the amounts that would have otherwise been collected in the Customer's Cart) at no additional charge on the next regular collection cycle for each material. The Contractor shall provide a Customer credit for all service missed equal to the Customers' regular rate minus the disposal component on the Customer's next regular invoice and shall proactively inform Customers of this policy in Contractor communications to Customers. The City and Contractor agree that the following special City compensation and performance fees reflect the best estimate of the impacts of the Labor Disruption to Customers and the City. The Contractor shall pay the City monthly by the tenth day of the following month: City of Spokane Valley 19 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract 1. An amount equal to the Administrative Fee reduction due to the Customer credits for reduction in service so that the City does not experience any Administrative Fee revenue loss due to those Customer credits. 2. An additional City cost reimbursement amount of $2,000 for each day of Labor Disruption to reimburse City staffing and other costs for managing the impacts of the Labor Disruption; 3. A performance fee of $5,000 per day for each day of Labor Disruption from the 151 day to the 7th clay of the Labor Disruption; 4. A performance fee of $10,000 per day for each day of Labor Disruption from the 8'h day to 14'h day of the Labor Disruption; and 5. A performance fee of $20,000 per day for each day of Labor Disruption for every day beyond the 14th day of Labor Disruption. The performance fees listed as 3 through 5, above, are intended to apply to any complete work stoppage where alternative, but substantially equivalent service by non -striking employees or otherwise, is not provided by the Contractor. In the event substantially equivalent service is provided by the Contractor through the employment of non -striking employees or otherwise at any point during the course of the labor disruption, the Contractor is entitled to reduce the amount of the daily performance fees that otherwise would be due on a pro -rata basis, based on the percentage of Customers receiving substantially equivalent service on that day. Given the nature of the failure arising from labor disruptions, the Contractor shall not be allowed any cure period opportunity or rectification process. The Contractor's failure to comply with the Contractor -prepared Strike Contingency Plan of this section shall be subject to a special fee of $20,000 per day for its non-compliance during the Labor Disruption event. This special fee is separate compensation to the City for the Contractor's failure to plan and execute the provisions of this section. The special fee shall be paid to the City within 30 days of the Contractor's receipt of the City invoice. Fees paid by the Contractor under the terms of this Section 3.1.20 are not regular performance fees for the purposes of Section 5, and shall not be counted in the cumulative perforrnance fee default threshold referenced in Section 5.2(6). The City may elect to waive or receive the equivalent value of additional services, as negotiated, in lieu of the specific performance fees itemized in this section. 3.1.21 Site Planning and Building Design Review The Contractor shall, upon request and without additional cost, make available assistance with site planning and building design review to either the City and/or property owners/managers. The assistance shall be available for all new construction or remodeling of buildings and structures within the City Service Area. Contractor planning assistance for optimizing loading docks and other areas shall also be available for existing building owners/managers when realigning Garbage, Recyclables, and Compostables services. All assistance shall be provided by the Contractor in a timely manner so as to not delay the planning and review process. Assistance shall include, but not be limited to reviewing and providing continents on building designs and site plans to ensure that those designs and plans incorporate: • Garbage, Recyclables, and Compostables reinoval areas and their location upon the site of the proposed construction or remodeling project; • adequate floor and vertical space for the storage and collection of Containers for all materials; • adequate access for vehicles to collect and empty Containers, including overhead clearance, turning radius, and access that does not require backing across sidewalks or violating any City code; City of Spokane Valley 20 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract • avoidance of surface water drains and ditches when considering Container locations and developing strategies for containment of any potential leaks; and, • strategies to reduce interior and exterior noise and emissions. All communications regarding this process shall be conducted electronically via email. 3.1.22 Safeguarding Public and Private Facilities The Contractor shall be obligated to protect all public and private improvements, facilities, and utilities whether located on public or private property, including street curbs. If such improvements, facilities, utilities, or curbs are damaged by reason of the Contractor's operations, the Contractor shall notify the City immediately in writing of all damage, and the Contractor shall repair or replace the same or pay the City for repairs. If the damage creates a public safety issue that requires an immediate response, the Contractor shall, along with notifying the City immediately in writing, call the City at XXX to inform them of such matter. If the Contractor fails to do so promptly, as determined by the City, the City shall cause repairs or replacement to be made, and the cost, including overhead and administrative costs, of doing so shall be paid by the Contractor or deducted fi-om amounts owed the Contractor under the Contract. The City shall not be liable for any damage to property or person caused by the actions of the Contractor, and the Contractor shall indemnify and hold the City harmless for any such damage or legal implications from said actions pursuant to Section 7.5. 3.1.23 Transition and Implementation of Contract The Contractor shall develop, with the City's input and prior written approval, and submit to the City no later than 90 days after the Date of Execution of this Contract, a Transition and Implementation Plan for introducing the new and revised services to the different Customer sectors (i.e., Single-family, Multifamily Complex, and Commercial Customers), and detailing a specific timeline as to when different activities and events will occur, including details of Container delivery, how different events impact other events in the timeline and the process to be used to ensure that implementation occurs with no disruption. The Transition and Implementation Plan shall cover the entire period following the Date of Execution of this Contract, up through and including the six month period following the Date of Commencement of Service. The Contractor shall separately describe in detail what is involved with each of the activities and events listed in the timeline. The Transition and Implementation Plan shall specifically address how the Contractor intends to proceed in the event of inclement weather and what contingency plans will be in place to accelerate implementation if Container delivery or other planned activities are impacted by inclement weather. The Contractor shall be responsible for funding all the design, development, printing, sorting, mail prep, delivery, and 'nailing costs, including the cost of the postage -prepaid mail -back cards and any costs associated with the website ordering services, and of all new and continuing service and educational materials described above and needed to comply with the Transition and Implementation Plan outreach described in this section of the Contract. Any additional promotional, educational, informational, and outreach materials provided by the Contractor to Customers in connection with the initial transition and implementation of the Contract shall be designed, developed, printed, and delivered by the Contractor, at the Contractor's cost, and subject to the City's prior review and written approval and the City's final approval as to method of delivery. The City will be provided a minimum of two (2) weeks to review any of the materials included in the Contractor's Transition and Implementation Plan. 3.1.24 Performance Review City of Spokane Valley 21 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract The City may, at its option, conduct a review of the Contractor's performance under this Contract. If conducted, the performance review shall include, but is not limited, to a review of the Contractor's performance relative to requirements and standards established in this Contract. The Contractor agrees to fully cooperate with the performance review and work with City staff and consultants to ensure a timely and complete review process. The results of the performance review shall be presented to the Contractor within 30 days of completion. Should the City determine that the Contractor fails to meet the Contract performance requirements and standards, the City shall give the Contractor written notice of all deficiencies. The Contractor shall have 60 days from its receipt of notice to correct deficiencies to the City's satisfaction. If the Contractor fails to correct deficiencies within 60 days, the City may allow the Contractor additional time to comply, accept other remedies for the service failure or proceed with the contract default process pursuant to Section 5.2 of this Contract, at the City's sole option. The costs of the development and implementation of any action plan required under this Section 3.1.25 or Section 5.1 shall be paid for solely by the Contractor, and the costs of developing or implementing such action plan may not be passed on to Customers or the City, or included in rates or fees charged Customers. 3.1.25 Continual Monitoring and Evaluation of Operations The Contractor's supervisory and management staff shall be available to meet with the City at either the Contractor's office or City offices, at the City's option, on an every -other -weekly basis during the first six months of the contract and monthly throughout the term of the Contract to discuss operational and Contract issues. The Contractor shall continually monitor and evaluate all operations to ensure that compliance with the provisions of this Contract is maintained. The City may periodically monitor collection system parameters such as participation, Container condition, contents weights, and waste composition. The Contractor shall assist and fully cooperate with the City by coordinating the Contractor's operations with the City's periodic monitoring to minimize inconvenience to Customers, the City, and the Contractor.. The Contractor also shall provide full access to equipment, processing facilities, route and Customer service data, safety records, and other applicable information. The City's review of Contractor activities and records shall occur during normal Office Hours and shall be supervised by the Contractor's staff. 3.1.26 Collection/Disposal Restrictions Except for C&D Waste, all Garbage collected under this Contract, as well as residues from processing Garbage, Recyclables and Compostables, shall be delivered to the City Disposal System, unless otherwise directed in writing by the City. Unauthorized disposal of Garbage, other than C&D Waste, Recyclables, and Compostables, outside of the City Disposal System shall be grounds for Contract default pursuant to Section 5.2 of this Contract. The Contractor shall not knowingly or as a result of gross negligence collect or dispose of Hazardous Waste or other hazardous materials that are either restricted from disposal or would pose a danger to collection crews, If materials are rejected for this reason, the Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options for such materials. City of Spokane Valley 22 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract Title to and liability for any Hazardous Waste, or for other hazardous materials or substances that are either restricted from disposal or would pose a danger to collection crews (including but not limited to any household Hazardous Waste and small quantity generator Hazardous Waste, special waste, and radioactive material) or the environment and that are included with any materials collected under this Contract by Contractor despite the City's and Contractor's attempts to prevent the inclusion of such materials shall not pass to Contractor, but shall remain with the party from whom such Hazardous Waste or any such other materials or substances is received. 3.1.27 Emergency Response The Contractor shall provide the City with the use of the Contractor's labor and equipment for assistance in the event of a City disaster or emergency declaration. Contractor services shall be provided immediately upon City directions and paid at the Contract rates in Attachment B. The Contractor shall keep full and complete records and documentation of all costs incurred in connection with disaster or emergency response, and include such information in the quarterly and annual reports required under Section 3.3.4. The Contractor shall maintain such records and documentation in accordance with the City's prior written approval and any standards established by the Federal Emergency Management Agency, and at the City's request, shall assist the City in developing any reports or applications necessary to seek federal assistance during or after a federally -declared disaster. 3.2 Collection Services 3.2.1 Single -fancily Residence Garbage Collection 3.2.1.1 Subject Materials The Contractor shall collect all Garbage placed at Curbside for disposal by Single-family Residence Customers in, and adjacent to Micro -cans, Garbage Cans, bags, and Garbage Carts. The Contractor shall offer carry -out service to disabled persons at no charge (per Section 3.1.6) and to all other Customers for the appropriate service level rate, plus the carry -out surcharge, in accordance with Attachment B. 3.2.1.2 Containers The Contractor shall provide collection Containers to Customers at no additional charge. Micro -cans and Garbage Carts shall be delivered by the Contractor to Single-family Residence Customers within seven (7) days ofthe Customer's initial request. 3.2.1..3 Specific Collection Requirements The Contractor shall offer regular weekly collection of the following service levels: 1. 10 -gallon Micro -can 2. 20 -gallon Mini -can or 20 -gallon Cart 3. 32 -gallon Garbage Can or Cart 4. 45 -gallon Garbage Cart 5. 64 -gallon Garbage Cart 6. 96 -gallon Garbage Cart City of Spokane Valley 23 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract On Customer request, the Contractor shall also offer Customers monthly collection of one 32 -gallon Garbage Can or Cart with no Putrescible Wastes. Customers subscribing at this service level will continue to receive regularly scheduled Curbside Recycling and Compostables services. Garbage in excess of Container capacity or the subscribed service level shall be collected and properly charged as Extra Units to the Customer; with the exception of excess Garbage collection otherwise authorized under this Contract at no charge to the Customer. The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Units. Customers shall be allowed to specify that no Extra Units be collected without prior Customer notification, which shall be provided by the Single-family Residence Customer no less than two business days prior to that Customer's regular collection. Collections shall be made from Single-family Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return all Containers, in an upright position with lids closed and attached, to their original set out location. Carty -out charges shall be assessed in 25 foot increments only to those Customers for whom the Contractor must move a Container over five feet to reach the curb at the collection vehicle's nearest point of access. Extra charges may be assessed for materials loaded so as to lift the Micro -can, Garbage Can, or Garbage Cart lid in excess of six inches from the normally closed position. The Contractor may charge for an overweight Container at the Extra Unit rate, provided that the Container weight is documented in writing, and the Customer agrees to pay for special handling. Otherwise, an overweight Container shall be left at the Curb and tagged with written notification as to why it was not collected. Customers may specify to the Contractor that they may not be charged for overweight or extra Containers, in which case any such Containers shall be left at the Curb uncollected and tagged with written notification as to why it was not collected. The Contractor shall advise Customers on appropriate strategies for addressing wildlife problems, including providing information on Customer behavioral changes, additional containerization, appropriate set -out times and locations and, when necessary, shall provide enhanced carts at the rate listed in Attachment B. 3.2.2 Single-family Residence Recyclables Collection 3.2.2.1 Recyclable Materials Residential Recyclables shall be collected from all participating Single-family Residence Customers as part of basic Garbage collection services, without extra charge. As operational or recycling processing improvements are made that allow additional materials to be recycled at no additional cost to the Contractor, the Contractor agrees to expand the defined list of Residential Recyclables to cover such materials, subject to prior written approval by the City. The Contractor shall collect Curbside prepared and either called -in or set -out Recyclables as described in Attachment C. With the exception of Corrugated Cardboard, the maximum dimensions for Recycling materials shall be two feet by two feet. The Contractor shall also make available subscription -based curbside Recyclables service to Customers desiring such Recycling service without also subscribing to Garbage collection, at the rate(s) provided in Attachment B. City of Spokane Valley 24 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract 3.2.2.2 Containers The Contractor shall provide collection Containers to Customers at no charge. The default Recycling Cart size shall be 96 -gallons, provided that the Contractor shall offer and provide 32- or 64 -gallon Recycling Carts on request to those Single-family Residence Customers requiring less capacity than provided by the standard 96 -gallon Recycling Cart. Recycling Carts shall be delivered by the Contractor to new Single-family Residence Customers, those Customers requesting replacements, or Customers that had previously rejected their Recycling Cart, within seven days of the Customer's initial request. 3.2.2.3 Specific Collection Requirements Single-family Residence Recyclables collection shall occur every -other -week on the same day of the week as each household's Garbage collection. Collections shall be made from Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection service is provided. The Contractor's crews shall make collections in an orderly, non -disruptive and quiet manner, and shall return Containers with their lids closed and attached to their set -out location in an orderly manner. The Contractor shall collect all properly prepared Single-fatnily Residence Recyclables from Single- family Residence Customers subscribing to Garbage service. No limits shall be placed on set -out volumes for Curbside Recyclables, other than those specifically listed in Attachment C 3.2.3 Single-family Residence Compostables Collection 3.2.3.1 Subject Materials Subscription -based Compostables collection service shall be offered to all Customers (including Commercial and Multifamily Complex Customers) at an additional charge. Contaminated or oversized Compostables materials rejected by the Contractor at the Curb shall be tagged in a prominent location with an appropriate written problem notice explaining why the material was rejected. 3.2.3.2 Containers The Contractor shall provide the Cart for Compostables to subscribers at no additional charge as part of the basic Compostables service. The default Compostables Cart size shall be 96 -gallons, provided that the Contractor shall offer and provide a 32- and 64 -gallon Compostables Carts service level. Compostables Carts shall be delivered by the Contractor to all subscribing Customers within seven days of the Customer's initial request. Excess Yard Debris material that does not fit in a Compostables Cart shall be bundled or placed in Kraft paper bags or properly labeled Customer -owned Garbage Cans. Customers choosing to use their own Garbage Can for excess Yard Debris shall be provided durable stickers by the Contractor that clearly identify the container's contents as "Yard Debris." 3.2.3.3 Specific Collection Requirements Compostables shall be collected weekly March through November and monthly December through February on the same day of the week as Garbage collection is provided. Weekly collection shall resume in the week that contains the first day of March and collection shall be provided for all routes the entirety City of Spokane Valley 25 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract of that week, including February dates. Weekly collection shall continue through the week containing the last day of November and shalI be provided for all routes the entirety of that week, including December dates. Monthly collection shall occur during the first full week of December through February. Collections shall be made from Customers on a regular schedule on the same day and as close to a consistent time as possible. Compostables in excess of the subscribed Container size may be charged Extra Units in 32 -gallon increments, as included itt Attachment B. Customers may also subscribe for an additional Compostables Cart at the rate provided in Attachment B. The Contractor shall provide annual holiday tree collection on the first full week of each year at no additional charge for both Single-family and Multifamily Customers. Clean uncontaminated (e.g. no tinsel or ornaments) tree sections up to six feet itt length shall be collected without further preparation. The Contractor may require Customers to cut trees in half or as needed to meet processor requirements. Compostables in excess of the Cart capacity subscribed by the Customer may be placed in Carts, paper bags, bundles, or repurposed and relabeled. Garbage Cans next to the initial Compostables Cart, provided that Food Scraps shall be contained in the initial Cart and only Yard Debris shall be placed in bags, bundles, or open cans. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection is provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers in an upright position, with lids attached, to their set -out location. 3.2.4 Multifamily Complex and Commercial Customer Garbage Collection 3.2.4.1 Subject Materials The Contractor shall collect all Garbage set out for disposal by Multifamily Complex and Commercial Customers in or next to Containers. 3.2.4.2 Containers Multifamily Complex and Commercial Customers shall be offered a full range of Container and service options, including Garbage Carts, one through eight cubic yard non -compacted Detachable Containers, and one through four cubic yard compacted Detachable Containers provided that Carts at Multifamily Complexes shall be discouraged unless necessary due to site constraints. Containers shall be provided to Customers at no charge, except for compacting Containers or unless otherwise set forth in this Contract and included in Attachment. B. Materials in excess of the subscribed service level shall be collected and properly charged as Extra Units at the rates listed in Attachment B. The Contractor shall develop and maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Units. The Contractor may use either or both front -load or rear -load Detachable Containers to service Multifamily Complex and Commercial Customers, although not all collection sites within the City Service Area may be appropriate for front -load collection due to limited maneuverability or overhead obstructions. The Contractor shall provide Containers and collection services capable of servicing all Customer sites, whether or not front -load collection is feasible. Containers shall be delivered by the Contractor to requesting Multifamily Complex and Commercial Customers within three days of the Customer's initial request. City of Spokane Valley 26 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract 3,2.4.3 Specific Collection Requirements Collections from both Multifamily Complex and Commercial Customers shall be made on a regular schedule on the same day and as close to a consistent time as possible to minimize Customer confusion. Customers shall use Containers for all regularly -generated Garbage. Occasional Extra Units placed next to the Customer's Container shall be collected if the Contractor's staff can reasonably handle the weight and bulk of the Extra Units. The Contractor's staff shall pick-up debris or litter created during the collection process within ten feet of the Container or within the Container enclosure, whichever is less. If a Customer's site frequently contains litter or Extra Units, photos shall be sent to the property manager, along with suggestions for changing collection frequency or Container size. In the event a Customer is unresponsive, the Contractor shall forward documentation of the situation to the City and the City may intervene in the case of code or health compliance issues as authorized by law. The Contractor shall provide locks for Containers upon request, remove and replace Containers from enclosures and position (roll-out) Containers up to 25 feet for Garbage (and Recycling and Compostable) collection at the charges itemized in Attachment B. Additional roll-out charges shall be assessed in 25 foot incretnents only to those Multifamily Complex and Commercial Customers for whom the Contractor must move a Container over 25 feet to reach the collection vehicle at its nearest point of access. Extra charges may be assessed for materials loaded so as to lift the Container lid in excess of six inches from the normally closed position and for bagged or bundled materials placed next to the Container. Customers with hard -to -access Containers that require the Contractor to wait for Customer Container relocation or use of specialized Contractor equipment to relocate Containers for dumping may charge those Customers additional access and/or hourly fees consistent with Attachment B. Customers may request extra collections and shall pay a proportional amount of their regular monthly rate for that service in accordance with the rates listed in Attachment B. 3.2.5 Multifamily Complex Recyclables Collection Multifamily Complex Customers shall be assessed the Multifamily Complex Recycling Fee provided for in Attachment B in additional to their basic Garbage charges, based on the size of the Customer's Garbage Container. The fee shall be applicable to all Multifamily Complex Customers, regardless of Container type, and shall be included in the Customer's Garbage rate. 3.2.5.1 Subject Materials All Recyclables listed in Attachment C for Multifamily Complex Customers, shall be collected as part of the basic Garbage collection services, without limit. 3.2.5.2 Containers The Contractor shall provide Recycling Containers and collection at no additional charge to all Multifamily Complex Customers requesting Containers. The Contractor shall recommend appropriate Container sizes through its site visit and evaluation process. The Contractor shall encourage the use of Detachable Containers or Drop -box Containers instead of multiple Cams at locations where more than one cubic yard of Recycling capacity is provided, unless space or other constraints favor the use of Carts. Containers used for the collection of Recyclables shall City of Spokane Valley 27 Comprehensive Garbage, Recyclables, and Compostables Collection Contract October, 2016 be delivered by the Contractor to requesting Customers within three days of the Customer's initial request. 3.2.5.3 Specific Collection Requirements Multifamily Complex recycling collection shall occur at least weekly or more frequently if space constraints preclude providing sufficient weekly capacity. Collections shall be made on a regular schedule on the same day(s) of the week and as close to a consistent time as possible to minimize Customer and tenant confusion. The Contractor and City shall jointly develop a protocol to address Multifamily Complex recycling contamination issues. The protocol will address thresholds for when contamination levels trigger Customer contact, when to put a Customer on "probation" for possible discontinued collection, when to suspend collection service and remove the subject Container, and finally, procedures for allow a Customer to resume service after it has been suspended due to contamination. The Contractor shall implement the protocol consistently for all Customers and shall notify the City via e-mail of any Customer being handled under the protocol. 3.2.6 Drop -Box Container Garbage Collection 3.2.6.1 Subject Materials The Contractor shall provide Drop -Box Container Garbage collection services to Customers, in accordance with the service leve] selected by the Customer and the service rates set forth in Attachment B. 3.2.6.2 Containers The Contractor shall offer rental of non -compacted Drop -box Containers at the rates listed in Attachment B. Both Customer -owned and Contractor -owned Drop -box Containers shall be serviced, including Customer -owned or -leased compactors. The Contractor shall maintain a sufficient Drop -box Container inventory to provide delivery of empty Containers by the Contractor to new and temporary Customers within three business days after the Customer's initial request. 3.2.6.3 Specific Collection Requirements The Contractor shall provide dispatch service and equipment capability of delivering empty and collecting full Drop -box Containers on the same business day if the Customer's initial request is received by the call center before or at noon, and no later than the next business day if the Customer's initial call is received by the call center after noon. At the Customer's request, the Contractor shall deliver an empty Drop -box Container to the Customer at the time of collecting the full Drop -box Container. 3.2.7 Temporary (Non -Event) Container Customers The Contractor shall maintain a sufficient Container inventory, including Detachable Container and Drop - box Containers, to provide delivery of empty Containers by the Contractor to temporary Customers within three business days after the Customer's initial request. The charges for all temporary Containers shall be included in Attachment B. The charges for temporary Detachable Container service as listed in Attachment B shall include delivery, collection, distance, and disposal. No additional fees other than City of Spokane Valley 28 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract those included in Attachment B may be charged. Temporary Garbage services shall not exceed 90 days in duration. Customers requiring service for more than 90 days shall subscribe for regular Garbage service. 3.2.8 Special Event Services The Contractor shall provide temporary Garbage and Recyclables Containers to Customers sponsoring special events within the City Service Area at the rates listed in Attachment B. The Contractor shall provide such Customers with assistance in determining Container needs and signage for Garbage and Recyclables at the special events, including site visits and technical assistance to ensure that the maximum Recyclables diversion is achieved. The Contractor shall coordinate their efforts with the City, receive prior written approval for signage style and content, and provide such Customers and the City with a summary of the volumes and tonnages of materials disposed of, and diverted for recycling. The Contractor shall provide special event services as a bundle, with each event -provided collection of Garbage and Recyclables. The provision of Garbage -only service is discouraged, and shall be offered on a case-by-case basis only upon prior written approval of the City, 3.2.9 On-call Bulky Waste Collection The Contractor shall provide on-call fee-based Bulky Waste collection to any Customer. On-call collection of Bulky Waste shall be provided by the Contractor to Customers by appointment for no more than the charge set forth in Attachment B to this Contract, provided that Customers request collection no later than the day before their regular Garbage collection day. Bulky Waste must be placed at the Curb by the Customers or at a location specified by the Contractor. The Contractor shall notify the Customer of the specific date that their item will be collected, the charge that will be made to their next bill, and where the item should be placed for collection. The Contractor shall recycle all metal white goods, unless another arrangement is approved in writing by the City, and to make a reasonable effort to recycle all other materials collected. The Contractor shall direct Customers to remove doors from refrigerators and freezers before collection and not to place Bulky Waste at the Curb prior to twenty-four (24) hours before scheduled collection, The Contractor shall maintain a separate log listing service date, materials collected, Customer charges, weights, and whether the item was recycled or disposed. This log shall be provided to the City on a monthly basis in accordance with Section 3.3.4. On-call Bulky Waste collection must occur during the hours and days specified in Section 3.1.4, with the exception that Saturday collection is permissible if it is more convenient for Customers. 3.2.10 Excluded Services This Contract does not include the collection or disposal of Hazardous Waste. 3.3 COLLECTION SUPPORT AND MANAGEMENT 3.3.1 General Customer Service The Contractor shall be responsible for providing all Customer service functions, including, but not limited to: City of Spokane Valley 29 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract • Answering Customer telephone calls and e-mail requests; • Requesting at start of service Customer's preference for notification of service changes via robo- calls, texts or emails; • Informing Customers of current, new, and optional services and charges; • Handling Customer subscriptions and cancellations; • Receiving and resolving Customer complaints; • Dispatching Drop -box Containers, temporary containers, and special collections; • Billing; and, • Maintaining and updating regularly as necessary a user-friendly internet website. These functions shall be provided at the Contractor's sole cost, with such costs included in the Customer charges set forth in Attachment B. 3.3.2 Specific Customer Service Requirements The Contractor shall maintain a Spokane Valley -specific local or toll free telephone number with sufficient physical capacity to meet Section 3.3.2.4 performance requirements. The holiday collection schedule described in Section 3.1.7 shall also apply to Customer service coverage. Customer service representatives shall be available through the Contractor's call center during Office Hours for communication with the public and City representatives. Customer calls shall be taken during Office Hours by a person, not by voice mail. During all non -Office Hours for the call center, the Contractor shall have an answering or voice mail service available to record messages from all incoming telephone calls: 3.3.2.1 Customer Service Representative Staffing During Office Hours, the Contractor shall maintain sufficient staffing to provide timely response to complaints and service requests, consistent with required Contract response times for Customer communications. During office hours, Customers shall not be required to navigate automated telephone answering option branches in order to speak with a Customer service representative, but shall be routed directly to a Customer service representative. If incoming telephone calls necessitate, the Contractor shall increase staffing levels as necessary to meet Customer service demands. The Contractor shall provide and publicize a telephone number capable of handling service related text messages. The Contractor shall maintain sufficient staffing to answer and handle complaints and service requests in a timely manner made by methods other than telephone, including letters, e-mails, text messages or webpage messages. If staffing is deemed to be insufficient by the City to handle Customer complaints and service requests in a timely manner, the Contractor shall increase staffing levels to meet performance criteria. The Contractor shall provide additional staffing during the transition and implementation period, and especially from six weeks prior to the Date of Commencement of Service, through the end of the fourth month after the Date of Commencement of Service, to ensure that sufficient staffing is available to minimize Customer waits and inconvenience. The Contractor shall receive no additional compensation for increased staffing levels during the transition and implementation period. Staffing levels during the transition and implementation period shall be subject to prior City review and approval. 3.3.2.2 City Customer Service City of Spokane Valley 30 October, 2016 Comprehensive Garbage, Recyclables, and Cornpostables Collection Contract The Contractor shall maintain staff that has management level authority to provide a point of contact for the majority of City inquiries, requests, and coordination covering the full range of Contractor activities related to this Contract. Duties include, but are not limited to: • Assisting City staff with promotion and outreach to Single-family Residences, Multifamily Complexes, Commercial Customers, and special events; • Serving as an ombudsperson, providing quick resolution of Customer issues, complaints, and inquiries; and, • Assisting the City with program development and design, research, response to inquiries, and troubleshooting issues. The Contractor shall maintain a representative or answering service to contact such representative, available at an emergency telephone number and email for use by the City in the event of an emergency during all hours. The City shall not use the emergency contact after normal office hours for normal customer service issues. 3.3.2.3 Service Recipient Complaints and Requests The Contractor shall record all complaints and service requests, regardless of how received, including date, time, Customer's name and address, if the Customer is willing to give this information, method of transmittal, and nature, date and manner of resolution of the complaint or service request in a computerized daily log. Any telephone calls received via the Contractor's non -office hours voice mail or answering service shall be recorded in the log the following business day. The Contractor shall make a conscientious effort to resolve all complaints within one business day of the original phone call, letter, or internet communication, and service requests within the times established throughout this Contract for various service requests. If a longer response time is necessary for complaints or requests, the reason for the delay shall be noted in the log, along with a description of the Contractor's efforts to resolve the complaint or request. The Customer service log shall be available for inspection by the City, or its designated representatives, during the Contractor's Office Hours, and shall be in a format approved by the City. The Contractor shall provide a copy of this log in an electronic format from the Microsoft Office suite of software to the City with the quarterly report. 3,3.2.4 Handling of Customer Calls All incoming telephone calls shall be answered promptly and courteously, withan average speed of human answer of less than 30 seconds. No telephone calls shall be placed on hold for more than one minute, and on a monthly basis, no more than 10% of incoming telephone calls shall be placed on hold for more than 30 seconds. The Contractor is encouraged to provide a "call-back" function to handle high call volumes. A Customer shall be able to talk directly with a Customer service representative when calling the Contractor's Customer service telephone number during Office Hours without navigating an automated phone answering system. An automated voice mail service or phone answering system may be used when the office — both the Customer Service Office and the Customer Service Center — is closed. A Customer calling into the Customer service phone lines and placed on hold shall hear only messages that are applicable to Spokane Valley and not misleading to City Customers. 3.3.2.5 Corrective Measures City of Spokane Valley 31 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract Upon the receipt of Customer complaints in regard to busy signals or excessive delays in answering the telephone, the City may request the Contractor submit a plan to the City to correct the problem. Once the City has approved the plan, the Contractor shall have sixty (60) days to implement the corrective measures, except during the transition and implementation period from one (1) month prior to the Date of Commencement of Service, through the end of the fourth month after the Date of Commencement of Service, during which the Contractor shall have one (1) week to implement corrective measures. Reasonable corrective measures shall be implemented without additional compensation to the Contractor. Failure to provide corrective measures shall result in possible performance fees for the Contractor. 3.3.2.6 Contractor Internet Website The Contractor shall provide a searchable user-friendly Internet website containing information specific to the City's collection programs, collection schedules, current day of collection map, material preparation requirements, available services and options, rates and fees, inclement weather service changes, and other relevant service information for its Customers. The website shall include an e-mail function and live -chat function for Customer communication with the Contractor, and the ability for Customers to submit service requests and manage their services on-line. Emailed Customer service requests shall be answered within one business day of receipt. The website shall offer Customers the option to receive and pay their service bills on-line through a secured bill payment system that enables Customers to make one-time or ongoing payments via credit card or checking/savings account at no extra charge. The website design shall be usability tested and then submitted for City approval a minimum of three months prior to the Date of Commencement of Service of this Contract, and then changes shall be subject to the City's prior approval throughout the term of this Contract. The website shall be functional for regular computers, tablets, and smart -phones or other similar- mobile devices. Changes requested by the City shall be uploaded to the website within 48 hours of the time of the request. Changes requested by the City that are related to an emergency or time -sensitive situation (such as an inclement weather event, windstorm, or event preventing access to a Customer's regular place of container set -out) shall be uploaded to the website within four hours of the time of request. The Contractor shall review the website monthly, update as needed, and send entails of the updates to the City. Appropriate links shall be provided to the City's website and the Contractor shall check monthly that all links (including both City and non -City) links are current. Upon City request, the Contractor shall provide a website utilization report indicating the usage of various website pages and email option. 3.3.2.7 Full Knowledge of Garbage, Recyclables, and Cornpostables Programs Required The Contractor's Customer service representatives shall be fully knowledgeable of all collection services in Spokane Valley available to Customers under this Contract, including the various services available to Customers in a Single-family Residence and Multifamily Complex, and for Commercial Customers. For new Customers, Customer service representatives shall explain all Garbage, Recyclables, and Compostables collection options available and specific to the sector the Customer is calling from. For existing Customers, the representatives shall explain new services and options, and resolve recycling issues, collection concerns, missed pickups, container deliveries, and other Customer concerns. Customer service representatives shall be trained to inform Customers of Recyclables and Cornpostables preparation specifications. City policy questions shall be immediately forwarded to the City for response. The Contractor's Customer service representatives shall have imtnediate electronic access to Customer service data and history. The Contractor shall provide the City with internal customer service City of Spokane Valley 32 October, 2016 Comprehensive Garbage, Recyclables, and Cornpostables Collection Contract representative training and support information specific to the City to allow the City to review and check information provided to customer service representatives and, in turn, provided to City Customers. Any revisions to these materials shall be approved in writing (via e-mail) by the City prior to being used by customer service representatives. Upon City request, the Contractor shall also provide the City with up to five phantom billing accounts representing various sectors to facilitate City monitoring of Customer communications and billing protocols. These phantom accounts shall be established in conjunction with the City, shall be accessible to the City, and managed as if the City were a normal Customer using these accounts. 3.3.2.8 Customer Communications The City and Contractor recognize that Customer preferences for their method of communication may change during the term of this Contract and agree to adjust customer service expectations to match Customer preferences. For example, if call traffic to the Contractor's telephone -based call center reduces over time and is supplanted by an increase in testing, the Contractor shall shift staff resources accordingly to ensure high levels of customer service. The City and Contractor agree to review Contract requirements periodically and negotiate in good faith any desired improvements to the Contract service standards related to customer service delivery. 3.3.3 Customer Billing Responsibilities The Contractor shall be responsible for all billing functions related to the collection services required under this Contract. All Single-family Residence Customers shall be billed quarterly, and Multifamily Complex and Commercial Customers shall be billed monthly. In no case shall a Customer's invoice be past due prior to the receipt of all services covered by the billing period. The Contractor's billing cycle parameters include, but are not limited to the service period, invoice date, due date, late fee date, reminder date(s), Container removal and stop -service date. The City reserves the right to review and provide feedback on the bill template used by the Contractor as to format and design to ensure Customer satisfaction. The Contractor shall evaluate and may incorporate the City's recommendations in good faith. Billing and accounting costs associated with Customer invoicing, including credit card fees, shall be borne by the Contractor, and are included in the service fees in Attachment 13. The Contractor may bill to Customers late payments and "non -sufficient funds" check charges, as well as the costs of bad debt collection, under policies and amounts that have been previously approved in writing by the City. The Contractor shall offer paperless billing, including an autopay/electronic notification function that allows Customer to set up autopay and receive an e-mail or text notification of the amount and draw date of the payment, without requiring the Customer to navigate to the Contractor's website to obtain that information. Customers inlay temporarily suspend collection services due to vacations or other reasons for as long and as often as desired in one week increments and be billed pro -rata for actual services received. The Contractor may charge a weekly vacation hold/standby fee as listed in Attachment B instead of retrieving Carts for those Customers who request a vacation hold greater than two weeks in duration. The Contractor shall be responsible for the following: • Generating combined Garbage, Recyclables, and Compostables collection bills for all Customers; • Generating bills printed double -sided; City of Spokane Valley 33 October, 2016 Comprehensive Garbage, Recyclablcs, and Compostables Collection Contract • Generating bills that include at a minimum a statement indicating the Customer's current service level, current charges and payments, appropriate taxes and fees, Customer service contact information and website information; • Generating bills that clearly state the date at which late fees will be assessed for non-payment; • Generating bills that have sufficient space on the front of the bill for educational or informational messaging, as directed by the City; • Accepting automatic ongoing payments from Customers via debit or credit card, checking or savings account withdrawal, or by wire transfer. No transaction fees may be levied on any Customer payments; • Accepting, processing, and posting payment data each business day; • Accepting bill inserts for specific Customer sectors; • Maintaining a system to monitor Customer subscription levels, record excess Garbage or Compostables collected, place an additional charge on the Customer's bill for the excess collection, and charge for additional services requested and delivered. This system shall maintain a Customer's historical account data for a period of not less than six (6) years from the end of the fiscal year in accordance with the City's record retention policy, and in a manner that is instantaneously accessible to Customer service representatives needing to refer to Customer service data and history; • Accepting and responding to Customer requests for service level changes, missed or inadequate collection services, and additional services; • Collecting unpaid charges from Customers for collection services; and • Implementing rate changes as specified in Section 4.3. The Contractor shall be required to have procedures in place to backup and minimize the potential for the loss or damage of the account servicing (e.g., Customer service, service levels, and billing history) database. The Contractor shall ensure that at a minimum a daily backup of the account servicing database is made and stored off-site. The Contractor shall also provide the City with a copy of the account servicing database (excluding Customer financial information such as credit card or bank account numbers) sorted by Customer sector via e-mail, FTP site or electronic media upon request. The City shall have unlimited rights to use such account servicing database to manage its solid waste program, including, but not limited to, developing targeted educational and outreach programs, analyzing service level shifts or rate impacts, and/or providing information to successor contractors. Upon seven (7) days written notice, the Contractor shall provide the City with a paper and/or electronic copy at the City's discretion of the requested Customer information and history, including but not limited to Customer names, service and mailing addresses, contact information, service levels, and current account status. The City may, at its option, transition to a billing agent relationship with the Contractor where the Contractor shall bill City -specified rates to Customers for all services under this Contract on the City's behalf and then receive, post and remit all funds to a City -specified account. The City shall then manage City of Spokane Valley 34 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract the receipts and pay the Contractor Contract rates, including or excluding the disposal cost component depending on whether the City elects to pay Garbage disposal fees directly to City's Disposal System. In the event that the City elects to shift to a billing agent relationship, the City and Contractor agree to negotiate the terms of transition, direct payment of disposal fees to the City's Disposal System, inclusion of additional billed utilities and other items in good faith, provided that the Contractor's underlying compensation for Contract services, other than the disposal component, shall remain substantially the same. 3.3.4 Reporting The Contractor shall provide quarterly, annual, and ad hoc reports to the City. The Contractor report formats inay be specified and reasonably modified from tine to time at City request at no cost to the City. In addition, the Contractor shall allow City staff access to pertinent operations information related to compliance with the obligations of this Contract, such as vehicle route assignment and maintenance logs, Garbage, Recyclables, and/or Compostables facility certified weight slips, and Customer charges and payments. 3.3.4.1 Quarterly Reports On a quarterly basis, within 15 days of the last day of each quarter, the Contractor shall provide a report containing the following information for the previous quarter: 1. A billing summary that provides the number of Customers billed at each service level (e.g. by container size, extra services) for each service sector (e.g., Single-family Residence, Multifamily Complex, Cominercial Customers and Drop -box hauls by Container size), the total number of Customers for each type of service by sector, Customer receipts by each service level, and total billings. 2. A log of all Customer requests, complaints, inquiries, and site visits, including Customer name, property name and address, date of contact or site visit, reason for site visit, results of Customer request, complaint, inquiry and/or site visit, Container sizes for various materials (e.g., Garbage, Recycling, Compostables, etc.), frequency of collection for various materials before site visit and resulting changes after site visit, additional follow-up needed, follow-up conducted, results of follow-up, and materials provided. 3. Reports from the Contractor's Customer service telephone system showing total call volume, total calls answered, average speed of answer, average hold time, total number of abandoned calls, abandonment rate, and average time to abandonment. 4. Website utilization report showing total number of Customers paying their bills on-line, total number of Customers managing their services on-line, total number of e-mails received via website, data on site usage, and other data or information as the City may require for internal reporting purposes. 5. A summary of total Garbage, Recyclables and Compostables, quantities collected (in tons) for each collection sector. Where item counts are more appropriate for certain Recyclables or Bulky Wastes (e.g. appliances), reporting item counts are sufficient. The summary shall include the names of facilities used for all materials and tonnage delivered to each facility. City of Spokane Valley 35 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract 6. A summary of Recyclables market prices. Upon written request, the City may require that the summary of Recyclables also include contamination levels and processing residues disposed as Garbage and a description of the methodology used to determine contamination or residual levels (e.g. sample loads from an individual route truck, aggregate samples from all loads delivered to a facility, etc.). 7. Changes in Compostables tipping fees. 8. A description of any vehicle accidents, infractions, leaks or spills. 9. A description of any promotion, education, and outreach efforts, including where possible, samples of materials, and summary of any feedback or response received from Customers. If collection vehicles are used to service more than one Customer sector, the Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting of collection volumes and quantities from the different sectors. The apportioning methodology shall be subject to the prior review and written approval of the City, and shall be periodically verified through field testing by the Contractor. 3.3.4.2 Annual Reports On an annual basis, by January 30th, the Contractor shall provide a report containing the following information for the previous year: 1. A consolidated summary and tabulation of the quarterly reports, described above. 2. A discussion of promotion, education, and outreach efforts, and accomplishments for each sector and plans for the corning year. 3. An inventory of current collection vehicles and other major equipment, including model, year, make, serial or VIN number, assigned vehicle number, mileage (if vehicle), collection sector assigned to or used in, and maintenance history, including vehicle painting. 4. A list of Multifamily Complexes eligible for Recycling and Compostables collection service, but not receiving one or both services, with the results of required contacts made during the year to promote the Recycling and/or Compostables service to those complexes, including the reason why the Multifamily Complex is not receiving Recycling and/or Compostables service. 5. A summary of the quarterly logs of Customer requests, complaints, inquiries, site visits, and resolutions or results, as required in Section 3.3.4.1. The summary shall organize Customer requests, complaints, inquiries, and site visits by category (e.g., missed pickups, improper set- ups). 3.3.4.3 Ad Hoc Reports The City may require specialized ad-hoc reports from the Contractor at no additional cost to the City, provided that such reports do not require the Contractor to expend more than 200 staff hours each calendar year to complete. If ad hoc reporting requires over 200 hours in a particular calendar year, the Contractor may charge the City for additional staff time at a rate of 835 per hour. The Contractor shall inform the City of the cumulative total of hours expended, supported by a listing of staff names, date of work, work task and hours expended, upon the completion of each report requested by the City. These reports may include Customer service database tabulations to identify specific service level or City of Spokane Valley 36 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract participation patterns or other similar information. Reports shall be provided in such format and with such software compatibility as reasonably may be specified by the City. 3.3.4,4 Other Reports If requested by the City, the Contractor shall provide daily route information for all service sectors and collection streams for the purpose of evaluating potential collection system changes during the term of the Contract. Information received by the City shall be subject to existing laws and regulations regarding disclosure, including the Public Disclosure Act, chapter 42.56 RCW. 3.3.5 Promotion and Education The Contractor, at its own cost and at the direction and approval of the City, shall have primary responsibility for developing, designing, executing, and distributing public promotion, education, and outreach programs. The Contractor shall also provide at its cost annual service-oriented information and outreach to Customers, distribution of City -developed promotional and educational pieces at the City's direction, and implementation of on-going recycling promotions, education, and outreach programs at the direction of the City. All written materials, Customer surveys and other general communications provided to Customers by the Contractor shall be approved in advance by the City. Each September, the City and Contractor shall jointly plan the Contractor's specific promotion and education program for the following year, including adjustments in materials and/or targeted audiences, as consistent with the City's solid waste management plan. The Contractor shall contact, at the City's request, the manager or owner of Multifamily Complex sites to encourage recycling participation, address concerns, space or contamination problems, provide outreach to residents, and inform the manager or owner of all available services and ways to decrease Garbage generation. The Contractor shall coordinate and work cooperatively with City staff and/or consultants hired to conduct outreach and education, and provide technical assistance. Any additional promotional, educational, and informational materials provided by the Contractor to Customers in connection with the Contract shall be designed, developed, printed, and delivered by the Contractor, at the Contractor's cost, and subject to the City's final written approval as to form, content, and method of delivery. The City shall review and approve all materials and a minimum of a two weeks City review period shall be provided in all cases by the Contractor to allow sufficient time for City review and approval. 3.3.6 Transition to Next Contractor The Contractor shall work with the City and any successive contractor in good faith to ensure minimal Customer disruption during the transition period from the City's previous contractor to the City's new Contractor. Cart and Container removal and replacement shall be coordinated between the Contractor and a successive contractor to occur simultaneously in order to minimize Customer inconvenience. In the event that the City does not elect to retain the Contractor's Containers pursuant to Section 3.1.15,3, the Contractor shall remove any Containers for all services or any portion of services provided under this Contract upon sixty (60) days written notice from the City. The Contractor shall provide a detailed Customer List in an electronic format acceptable to the City, including Customer name, contact information (i.e., telephone number and e-mail address, if available), service address, mailing address, collection service levels and frequencies, and Container rental service levels to the successive contractor within seven (7) days of initial request by the City. City of Spokane Valley 37 October, 2016 Comprehensive Garbage, Recyclabtes, and Cornpostables Collection Contract Failure to fully comply with this Section 3.3.6 shall result in the forfeiture of the Contractor's performance bond, at the City's discretion. 4. COMPENSATION 4.1 Compensation to the Contractor 4.1.1 Rates The Contractor shall be responsible for billing and collecting funds from Single-family Residence, Multifamily Complex, and Commercial Customers in accordance with the charges for services listed in Attachment B. The Contractor may reduce or waive at its option, but shall not exceed, the charges listed in Attachment B. These payments shall comprise the entire compensation due to the Contractor. In the event that a Customer places Excluded Materials in a Container, and the Contractor collects those materials inadvertently and incurs extraordinary expenses dealing with those materials, the Contractor may charge the Customer the actual costs of managing those materials, as approved by the City, which approval shall not be unreasonably withheld or delayed. Actual costs shall include additional transportation, handling, and disposal costs incurred by the Contractor for handling only those specific materials traceable to that Customer. The City is not required under this Contract to make any payments to the Contractor for services performed, or for any other reason, except as specifically described in this Contract, or for services the City obtains as a Customer. in the event that the Contractor or a Customer desires solid waste -related services not specifically addressed in this Contract, the Contractor shall propose service parameters and a rate to the City in writing, based on the average of surrounding WUTC tariffs if such service is addressed in current tariffs. Upon the City's written approval, the Contractor may provide the requested services. In no case shall the Contractor provide unauthorized services or charge unauthorized rates. 4.1.2 Itemization on Invoices Except as otherwise provided in this Contract, all applicable City, County, and Washington State solid waste or household hazardous waste taxes or fees, utility taxes, and (Wallowed under the last paragraph of Section 4.1.2) sales taxes shall be itemized separately on Customer invoices and added to the charges listed in Attachment B, except that the City Administrative Fees shall be included in Attachment B rates and shall not be itemized separately on Customer invoices. All Recyclables collection costs and revenues shall be included in the Garbage collection rates for all Customers and are included in the Customer rates listed in Attachment B. Charges for excess Garbage or Compostables, Single-family, Multifamily Complex and Commercial Compostables collection, Drop -box Container On-call collection services, On-call Bulky Waste collection services, Container rentals, or temporary Container services shall be itemized on the Customer invoices separately by the Contractor, and may at no time exceed the charges set forth in Attachment B. The City's disposal fee as it exists on the date of execution or as thereafter modified shall be itemized separately on Customer invoices with charges for Drop -box Container service. The Contractor shall charge Drop -box Customers the actual disposal cost without mark-up. City of Spokane Valley 38 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract The Contractor shall not separately charge sales tax for services that include any Container as part of the overall service package. Only Services that separate and itemize optional container rental (specifically Drop -box Container rental) shall have sales tax charged and listed on Customer invoices. The Contractor shall pay appropriate sales tax upon purchase of all equipment and Containers, and those costs are included in the rates provided in Attachment B. In no case shall Customers be separately charged sales taxes paid by the Contractor on its equipment and Containers. 4.2 Compensation to the City 4.2.1 Fees Paid to City The Contractor shall pay to the City a one-time fee of $50,000 upon Contract execution to cover City costs for procuring this Contract. The Contractor shall also pay to the City an Administrative Fee on or before the last working day of each month during the term of this Contract, starting on May 31, 2018. The Administrative Fee shall be based on the gross receipts received by the Contractor from Customers under this Contract, excluding Drop -box disposal fees. The initial Administrative Fee shall be assessed at (x.x%) of gross receipts received by the Contractor from those Customers since the last Administrative Fee payment period, consistent with the administrative fee calculations shown in Attachment D. The Contractor's obligations to pay the Administrative Fee shall extend past the termination date of this Contract until the Contractor is no longer receiving payments from Customers for services provided under this Contract. The rates included in Attachment B, as modified during the term of this Contract, include the Administrative Fee, and Customers shall not be separately charged an itemized Administrative Fee. Attachment D contains an example of how the Administrative Fee is included in rates, and lists the Contractor's service rate, the City's share of the retail rate, the State excise tax associated with the Adrninistrative Fee, and the combined retail rate. Any adjustments to the Administrative Fee rate shall be calculated in a manner consistent with the example shown in Attachment D. The Contractor shall fully participate with any City billing audit to confirm the Contractor's Customer receipts during any accounting period during the tern of the Contract. The audit shall be confined to confirming Customer billing rates, Contractor receipts for services provided under this Contract and bad debt recovery. The Administrative Fee may be changed by the City in any year, provided that the change is synchronized with the annual Contractor rate modification described in Section 3.3. The City shall notify the Contactor of the new Administrative Fee for the following year by September 1st, and the Contractor shall itemize and include the appropriate adjustment in its Rate Adjustment Statement provided October 1st of each year. In the event that the Administrative Fee is adjusted, either up or down, the Contractor shall add or subtract an amount equivalent to the state excise tax, as may be adjusted from time to time by the State of Washington. In addition, the Contractor shall be responsible for payment of all applicable permits, licenses, fees and taxes as described in Section 6.13, Permits and Licenses. City of Spokane Valley 39 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract 4.3 Compensation Adjustments 4.3.1 Annual CPI Modification The Contractor's collection service charges and miscellaneous fees and Contract options contained in Attachment B, excluding waste disposal fees, for each level of service shall increase or decrease each year by 90% of the annual percentage change in the Consumer Price Index (CPI), August to August average 12 month change, All Items, December 1996=100 for All Urban Consumers (CPI -U), West Size Class B/C, as published by the United States Department of Labor, Bureau of Labor Statistics. Adjustments shall be based on the 12 month period ending August 31" of the previous year that the request for increase is made. For example, an adjustment to the Contractor's collection service charge for 2019 will be based on the CPI for the 12 month period ending August 31, 2018. Such increases are considered part of this Contract and shall not require additional City Council approval; provided such increases are subject to City review and verification as set forth below. Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments. Rates shall be adjusted annually, beginning January 1, 2019. The Contractor shall submit in writing and electronic form to the City for review and verification a Rate Adjustment Statement, calculating the new rates for the next year, on or by October 1" of each year, starting October 1, 2018. In the event that the Contractor does not submit a Rate Adjustment Statement by October 1st, the City shall calculate and unilaterally implement a rate adjustment based on the best available information as of October 1st of that year for the applicable period, and the Contractor shall lose the right to appeal this action. On City review and verification, the new rates shall take effect on January 1" of the following year, and Customers shall be notified by November 15th, 45 days prior to the new rate going into effect. Should ratepayers not receive notification by November 15th, due to missed deadlines by the Contractor, implementation of the new rates shall be delayed by one month without opportunity for recovery of lost revenue. An example of rate adjustments due to Consumer Price Index changes is provided in Attachment D. 4.3.2 Periodic Adjustments Periodic adjustments shall be made to Contractor collection rates to reflect increases or decreases in City disposal fees for Garbage. In the event of a change in disposal fees, the disposal fee component of rates charged to Customers shall be adjusted, based on Container content weights specified by the Contractor in its proposal and included in Attachment B of this Contract. An example of rate modifications due to disposal fee changes is provided in Attachment D. 4.3.3 Changes in Disposal or Compostables Processing Sites If the Contractor is required by the City or other governmental authority to use Garbage disposal or Compostables processing sites other than those being used at the initiation of this Contract, the Contractor shall submit a detailed proposal, including full disclosure of relevant cost impacts, for the adjustment of the rates to reflect any additional cost or savings to the Contractor. The Contractor's rates pursuant to this Contract in such a case shall be adjusted so as to pass through any resulting additional costs incurred by or savings to the Contractor. The City and Contractor agree to negotiate in good faith and to make any changes to the rates to accomplish a pass-through of any such costs or savings. City of Spokane Valley 40 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract If the Contractor is no longer be able to find a processing site for all collected Compostables, after a good faith effort to locate a processing facility acceptable to the City, the City reserves the right to drop the collection of affected Compostables, such as Food Scraps, from the Contract and the City and Contractor shall negotiate rate reduction of Cotnpostahle and reduction or increase of Garbage rates in good faith to reflect the reduction in service for Compostables and increase in Garbage collections. If the Contractor is subsequently able to find a processing site for Compostables or the site that was originally used for processing Compostables is able to resume taking the dropped materials, the City reserves the right to reinstate the collection of those materials and to reverse the previously agreed rate reduction for the reduction in service. 4.3.4 Other Modifications Except as otherwise expressly provided for by this Contract, Contractor shall not adjust or modify rates due to employee wage increases, changes in commodity prices for Recyclables, changes in Compostables processing fees other than directed by the City subject to 4.3.3, Garbage collection service level shifts, or other changes affecting the collection system. In the event that unforeseen temporary market failure prevents or precludes compliance with the requirements of Section 3.1.12, the Contractor may request a temporary adjustment or other relief from the requirements of that Section 3112. The City may request any and all documentation and data reasonably necessary to evaluate such request by the Contractor, and may retain, at its own expense, an independent third party to audit and review such documentation and such request. If such third party is retained, the City shall take reasonable steps, consistent with State law, to protect the confidential or proprietary nature of any data or information supplied by the Contractor. If an unforeseen market failure persists more than nine months, the Parties agree to engage in good faith negotiations to determine a mutually acceptable course of action, including but not limited to eliminating the materials from the list of Recyclables, changing Customer preparation requirements, or any other mutually -agreeable solution. The City shall review the Contractor's request within 120 days of receipt. Upon the City's review of the Contractor's request, the City shall approve or deny the request, at its sole discretion. 4.3.4.1 New or Changes in Existing Taxes If new City, County, Washington State, or Federal taxes are imposed, or the rates of existing taxes are changed after the Date of Execution of this Contract, and the impact of these changes results in increased or decreased Contractor costs in excess of $5,000 annually, the Contractor and City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate for the amount exceeding the $5,000 threshold, and if so, to determine the amount and the method of adjustment. In the event that road or bridge tolls are implemented that affect the Contractor's operations under this Contract, the City and Contractor agree to enter into good faith negotiations to adjust compensation accordingly, without meeting the $5,000 cost threshold referenced in the preceding paragraph. 4.3.4.2 Changes in Service Provision In the event that either the Contractor or City propose any changes in how Contract services are provided that reduce Contractor costs by over $20,000, the Contractor shall promptly notify the City in writing of such reduced costs and expected Customer impacts. If the City reasonably believes that the changes will result in an adverse effect on City Customers, the City may, at its sole option, reject the proposed change. City of Spokane Valley 41 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract Otherwise, the Contractor and City shall mutually agree on how to split the savings between the Contractor and Customer to reflect any potential net decrease in Customer convenience due to the change. 4.4 Change in Law In the event there are changes in federal, State, or local laws or regulations which result in increased or decreased Contractor costs in excess of $10,000 annually, the Contractor and City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate for the amount exceeding the $10,000 threshold, and if so, to determine the amount and the method of adjustment. If the City requires review of financial or other proprietary information in conducting its rate review, at the request of the Contractor, the City shall retain a third -party to review such information at the City's expense, and shall take such other steps as are reasonably feasible and appropriate to protect the confidential nature of Contractor's documents. This section shall not require the City to approve any compensation adjustment. 5. FAILURE TO PERFORM, REMEDIES, TERMINATION The City expects high levels of Customer service and collection service provision. Performance failures shall be discouraged, to the extent possible, through specific performance fees for certain infractions and through Contract default for more serious lapses in service provision. Section 5.1 details infractions subject to performance fees, and Section 5,2 details default provisions and procedures. 5.1 Performance Fees The City reserves the right to make periodic, unscheduled inspection visits or review of Contractor's activities to determine the Contractor's compliance with the provisions and requirements of this Contract. Such inspections or review are not required to be based upon any formal complaint or notification. In the event that the City's inspection reveals that the Contractor has failed to satisfactorily perform any duties of this Contract, the City shall present a documented incident report to the Contractor detailing such unsatisfactory performance. The Contractor and the City agree that upon receiving such report, the Contractor shall pay the following dollar amounts, not as a penalty, but as performance fees for failure to satisfactorily perform its duties under this Contract. The City and the Contractor agree that the City's damages would be difficult to prove in any litigation, and that these dollar amounts are a reasonable estimate of the damages sustained by the City as a result of the Contractor's failure to satisfactorily perform its duties under this Contract. Performance fees shall consist of the following, as well as those set forth in Section 3.1.20; City of Spokane Valley 42 Comprehensive Garbage, Recyclables, and Compostables Collection Contract October, 2016 Action or Omission Performance fees 1 Collection before or after the times specified in Section 3.1.4, except as expressly permitted in writing. $500 per incident (each vehicle on each route is a separate incident). 2 Repetition of complaints on a route after notification, including, but not limited to, failure to replace Containers in designated locations, spilling, not closing gates, not replacing lids, crossing planted areas, or similar violations. $50 per incident, not to exceed $5,000 per vehicle per day. 3 Failure to promptly clean-up or collect leaked or spilled materials after notification by the City. Twice the cost of cleanup to the City, plus $500 per incident. 4 Repeated leakage or spillage from Contractor vehicles or of vehicle contents after City notification to the Contractor of $500 per vehicle, per inspection, plus clean-up costs. City of Spokane Valley 42 Comprehensive Garbage, Recyclables, and Compostables Collection Contract October, 2016 City of Spokane Valley 43 Comprehensive Garbage, Recyclables, and Compostables Collection Contract October, 2016 Action or Omission Performance fees the problem. 5 Failure to replace a leaking Container within one business day of notification. $250 per incident, and then $100 per day that the Container is not replaced. 6 Failure to collect missed materials within one business day after notification. $100 per incident to a maximum of $5,000 per vehicle per day on Single-family Residence routes and no maximum for Multifamily Complex and Commercial Customer routes. 7 Missed collection of a block segment of Single-family Residences (excluding collections prevented by inclement weather, but not excluding collections prevented by inoperable vehicles). A block segment is defined as one side of a street, between cross -streets, not to exceed 50 houses. $5,000 per block segment if collection is not performed the following day. 8 Rejection of Garbage, Recyclables, Yard Debris or Compostables without providing documentation to the Customer of the reason for rejection. $100 per incident. 9 Failure to deliver Containers within three days of request to Multifamily Complex or Commercial Customers requesting service after the Date of Commencement of Service. $100 per incident. 10 Failure to deliver Garbage, Recyclables or Compostables Containers within seven days of request to Single-family Residence Customers requesting service after the Date of Commencement of Service. $25 per incident. 11 Material misrepresentation by Contractors in records or reporting, as determined by the City or upon a series of misrepresentations when the Contractor has failed to provide correct and accurate records or reporting. $5,000 per incident. 12 Failure to provide the required annual report on time. $500 per day past deadline. 13 Failure to maintain clean, sanitary and properly painted Containers, vehicles and facilities. $50 per incident, up to maximum of $1,000 per inspection. 14 Collection of Recyclables, Yard Debris, or Compostables in a vehicle placarded for Garbage collection without the express written permission of the City. $2,000 per vehicle, per incident. 15 Failure to meet Customer service answer and on -hold time performance requirements. $100 per day. 16 Failure to meet the service and performance standards listed in Section 3.3.2 of this Contract for a period of two consecutive months. $250 per day until the service standards listed in Section 3.3.2 are met for 10 consecutive business days. 17 Failure to deliver Garbage, Recycling, and Compostables Containers to all existing Multifamily Complex and Commercial Customers, as requested on or before the Date of Commencement of Service. $5,000 per day, plus $25 per Container for each incident occurring after the Date of Commencement of Service. City of Spokane Valley 43 Comprehensive Garbage, Recyclables, and Compostables Collection Contract October, 2016 Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right to exercise any and all remedies it may have with respect to these and other violations and 'breaches. The performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as described in Section 5.2. Performance fees, if assessed during a given month, shall be invoiced in writing by the City to the Contractor. The City shall notify the Contractor of an assessment of performance fees within 30 days of the City becoming aware of the violation. The Contractor shall be required to pay the City the invoiced amount within 30 days of billing. Failure to pay performance fees shall be considered a breach of this Contract, and shall accrue penalty charges of 8.0% percent of the amount of any delinquent payments. Any performance fees assessed against the Contractor may be appealed by the Contractor to the City within 10 days of being invoiced for assessed performance fees. The Contractor shall be allowed to present evidence as to why the amount of the assessed performance fees should be lessened or eliminated including the provision of incorrect information provided by a previous contractor for contract failures during the initial transition period. The City reserves the right to waive any performance fee. The decision of the City shall be final. 5.2 Contract Default The Contractor shall be in default of this Contract if it abandons or violates any portion or provision of this Contract, fails to fully and promptly comply with all its obligations, or fails to give any satisfactory reason for noncompliance. In addition, the Contractor shall be in default of the Contract should, including but not limited to, any of the following occur: 1. The Contractor fails to commence the collection of Garbage, Recyclables, or Cornpostables, or fails to provide any portion of service under the Contract on the Date of Commencement of Service, or for a period of more than five consecutive collection days at any time during the term. of this Contract except as provided pursuant to Section 3.1.20 (labor disruption) or Section 7.15 (force majeure); City of Spokane Valley 44 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract Action or Omission Performance fees 18 ' Failure to include City authorized instructional/ promotional materials when Garbage, Recycling, and/or Cornpostables Containers are delivered to Single-family Residences, or failure to affix required City authorized stickers on Containers. $50 per incident, with no maximum. 19 Failure to properly use an authorized switchable placard or nameplates as described in Section 3.1.14. $100 per placard per vehicle per day. 20 Inability to reach the Contractor's staff via the emergency telephone number, $500 per incident. 21 Charging Multifamily Complex Customers unauthorized fees for Recycling services. Refund of fees paid by the Customer plus $1,000 per incident. 22 The use of outdated, or unauthorized stickers, or lack of required stickers on Contractor -provided Containers. $50 per Container, 23 Failure to have correct rates for all Customer sectors and service levels listed on the Contractor's website. $250 per day, with no maximum. Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right to exercise any and all remedies it may have with respect to these and other violations and 'breaches. The performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as described in Section 5.2. Performance fees, if assessed during a given month, shall be invoiced in writing by the City to the Contractor. The City shall notify the Contractor of an assessment of performance fees within 30 days of the City becoming aware of the violation. The Contractor shall be required to pay the City the invoiced amount within 30 days of billing. Failure to pay performance fees shall be considered a breach of this Contract, and shall accrue penalty charges of 8.0% percent of the amount of any delinquent payments. Any performance fees assessed against the Contractor may be appealed by the Contractor to the City within 10 days of being invoiced for assessed performance fees. The Contractor shall be allowed to present evidence as to why the amount of the assessed performance fees should be lessened or eliminated including the provision of incorrect information provided by a previous contractor for contract failures during the initial transition period. The City reserves the right to waive any performance fee. The decision of the City shall be final. 5.2 Contract Default The Contractor shall be in default of this Contract if it abandons or violates any portion or provision of this Contract, fails to fully and promptly comply with all its obligations, or fails to give any satisfactory reason for noncompliance. In addition, the Contractor shall be in default of the Contract should, including but not limited to, any of the following occur: 1. The Contractor fails to commence the collection of Garbage, Recyclables, or Cornpostables, or fails to provide any portion of service under the Contract on the Date of Commencement of Service, or for a period of more than five consecutive collection days at any time during the term. of this Contract except as provided pursuant to Section 3.1.20 (labor disruption) or Section 7.15 (force majeure); City of Spokane Valley 44 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract 2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license required by the City, County, or any federal, State, or other regulatory body in order to collect materials under this Contract, or comply with environmental standards and regulations applicable to services provided under this Contract; 3. The Contractor's noncompliance creates a hazard to public health or safety or the environment; 4. The Contractor causes uncontaminated Recyclables or Compostables to be disposed of in any way, such as in a landfill or incinerated at an incinerator or energy recovery facility, without the prior written permission of the City; 5. The Contractor fails to make any required payment to the City, as specified in this Contract; 6. The Contractor is assessed performance fees in excess of twenty thousand dollars $20,000 during any consecutive six month period; or 7. The Contractor fails to resume full service to Customers within twenty-one days following the initiation of a labor disruption pursuant to Section 3.1.20. The City reserves the right to pursue any remedy available at law or in equity for any default by the Contractor. In the event of default, the City shall give the Contractor 10 days prior written notice of its determination of a default, intent to exercise its rights, stating the reasons for such action, and the period for the Contractor to cure the default. In the event no cure period is specified in such notice, the cure period shall be 10 days from the date of the notice. If an emergency arises that does not allow 10 days prior written notice, the City shall immediately notify the Contractor of its intent to exercise its rights immediately. If the Contractor cures the stated reason within the stated cure period, or initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may opt to not exercise its rights for the particular default. If the Contractor fails to cure the stated reason within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may at its option terminate this Contract. The City shall send notice of termination to the Contractor and surety on the Contractor's performance bond. Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this Contract. The surety of the Contractor's performance bond may, at its option, within 10 days from such written notice, assume the services provided under this Contract that the City has ordered discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms and conditions of the Contract, and all documents incorporated herein. In the event that the surety on the Contractor's performance bond fails to exercise its option within the 10 day period, the City may complete the services provided under this Contract or any part thereof, either through contract with another party or any other rneans. The City shall be entitled to recover from the Contractor and the surety on the Contractor's performance bond as damages all expenses incurred, including reasonable attorney's fees, together with alI such additional sums as may be necessary to complete the services provided under this Contract, together with any further damages sustained or to be sustained by the City. City of Spokane Valley 45 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract If City ernployees provide Garbage, Recyclables or Compostables collection, the actual incremental costs of City labor, overhead, and administration shall serve as the basis for a charge to the Contractor and the surety on the Contractor's performance bond. 6. NOTICES All notices required or contemplated by this Contract shall be in writing and personally served or mailed (postage -prepaid and return receipt requested), addressed to the parties as follows, or as amended by the City: To City: To Contractor: 7. GENERAL TERMS 7.1 Collection Right City Manager City of Spokane Valley 11707 E Sprague Avenue, Suite 106 Spokane Valley, WA 98206 XXXX The Contractor shall be the exclusive provider with which the City shall contract to collect Garbage, Recyclables and Compostables placed in designated Containers and set out in the regular collection locations within the City Service Area. The City shall not be obligated to join or instigate litigation to protect the right of the Contractor. This Contract provision shall not apply to Garbage, Recyclables, or Compostables self -hauled by the generator; to Source -separated materials hauled by common or private carriers (including drop-off recycling sites); to C&D Waste hauled by self -haulers or construction or demolition contractors in the normal course of their business; to Yard Debris generated and hauled by private landscaping services; or to non-residential Compostables hauled by common or private carriers. The Contractor shall retain the right and cover all costs to dispose of or process and market the Garbage, Recyclables, and Compostables once these materials are placed in Contractor -provided or City -owned containers. The Contractor shall retain revenues gained from the sale of Recyclables or Compostables. Likewise, a tipping or acceptance fee charged for Recyclables or Compostables shall be the financial responsibility of the Contractor. 7.2 Access to Records The Contractor shall tnaintain in its local office full and complete operations, Customer, financial, and service records related to the Contractor's performance under this Contract. These records shall be available upon reasonable notice for inspection and copying for any reasonable purpose by the City. In addition, the Contractor shall, during the Contract term, and at least seven years thereafter, maintain in an office in Spokane County reporting records and billing records pertaining to the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting the Contractor's services provided under this Contract, Those Contractor's accounts shall include, but shall not be limited to, all records, invoices, and payments under the Contract, as adjusted for additional and deleted services provided under this Contract. The City shall be allowed access to these records for audit and review purposes, subject to the same protections of the Contractor's financial or other proprietary information set forth in Section 4.4. City of Spokane Valley 46 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract The Contractor shall make available copies of certified weight slips for Garbage, Recyclables, and Compostables on request within 10 business days of the request. The weight slips may be requested for any period during the term of this Contract. 7.3 Insurance The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the terra of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated herein. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 7.3.1 Minimum Scope of Insurance Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, or subcontractors. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors, independent contractors, and personal injury, and advertising injury. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse, or underground property damage. City shall be named as an additional insured under Contractor's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Contractor's Pollution Liability insurance coverage ("occur'r'ence" form) covering any claim for bodily injury, personal injury, property damage, cleanup costs, and legal defense expenses applying to all work performed under the Contract, including that related to transported cargo. 5. Commercial Umbrella Liability insurance (not "excess only" Umbrella Liability Insurance). This Umbrella Liability Insurance shall apply above, and be at least as broad in coverage scope, as the Contractor's Commercial General Liability and Automobile Liability Insurance. 7.3.2 Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: City of Spokane Valley 47 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 for each occurrence, $2,000,000 for general aggregate, and $2,000,000 products completed operations aggregate limit. 3, Employer's Liability, $1,000,000 per occurrence. 4. Contractor's Pollution Liability insurance shall be written with limits of $10,000,000 each incident. 5. Commercial Umbrella Liability insurance shall be written with limits of $5,000,000 each occurrence. 7.3.3 Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions for all except workers' compensation: 1. Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess, pollution, or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of the Contract, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Contract, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. 7.3.4 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 7.3.5 Verification of Coverage As evidence of the insurance coverages required by this Contract, Contractor shall furnish acceptable insurance certificates to the City Clerk at the time Contractor returns the signed Contract, which shall be Attachment E. The certificate shall specify all of the parties who are additional insureds, and shall 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 City of Spokane Valley 48 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 7.3.6 Subcontractors The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the City is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement at least as broad as ISO Additional Insured endorsement 20 26 07 04. 7.3.7 ACORD Forni If an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section, it must include the following: Wording to be added in the Description Section - "Should any of the above described policies be canceled, lapse, or be reduced as to coverage before the expiration date thereof, the Contractor or its insurance broker shall notify the City of any cancellation, suspension, or non -renewal of any insurance immediately upon receipt of insurer's notification to that effect to the City of Spokane Valley, by certified mail." 7.4 Performance Bond The Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment Bond or bonds, letter of credit, or other similar instillment on the City's bond forms in the amount of $2,000,000. The bond, letter of credit, or other similar instrument shall be issued for a period of not less than one year, and the Contractor shall provide a new bond, letter of credit, or similar instrument, and evidence satisfactory to the City of its renewability, no less than 60 calendar days prior to the expiration of the bond, letter of credit, or other similar instrument then in effect. The City shall have the right to call the bond, letter of credit, or other similar instrument in full in the event its renewal is not confirmed prior to five calendar days before its expiration. 7.5 Indemnification Contractor shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants, and employees arising out of this Contract to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend, indemnify, and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Contractor's duty to defend, indemnify, and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Contractor, Contractor's agents, subcontractors, subconsultants, and employees shall apply only to the City of Spokane Valley 49 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants, and employees. 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, the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and ail other claim -related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 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. Contractor hereby certifies that this indemnification provision was mutually negotiated. 7.6 Confidentiality of Information 1. The Parties agree that all records of the Contractor and of the City which are related to this Contract and the services provided hereunder and which are prepared, owned, used, or retained by the City are public records under the Public Records Act (chapter 42.56 RCW) and may be subject to disclosure unless a statutory exemption applies. The City agrees to not intentionally waive any statutory exemptions from disclosure available for such records under the Public Record Act. The City shall, if possible, notify the Contractor before any disclosure, and provide the Contractor an opportunity to intervene through judicial process to resist release of such records. The City agrees not to object to the Contractor's intervention in any judicial proceeding in which the City resists the release of the records in question so long as the Contractor's request to intervene is limited to resisting the release of the records. The City shall have no duty to resist release of any Contractor records, except to provide notice to Contractor of the request for and disclosure of such records as previously described. 2. All reports, educational materials, and other records prepared by the Contractor and provided to the City pursuant to this Contract are and shall be the property of the City and shall be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public records laws. The written, graphic, mapped, photographic, or visual documents prepared by Contractor under this Contract and provided to the City shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other material prepared under this Contract that Contractor provides to the City pursuant to this Contractor; provided City shall not publish, disclose, or distribute any financial information without prior notice to 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 providedfurther that Contractor shall have no liability for the use of Contractor's work product outside of the scope of its intended purpose. 3. The City, or as requested and authorized by state law, State Auditor, or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters that are directly related to and covered in this Contract and are required to be provided by Contractor to the City or to support fee adjustments under Section 4. Such representatives City of Spokane Valley 50 October, 2016 Comprehensive Garbage, Recyclables, and Coinpostables Collection Contract shall be permitted to audit, examine and make excerpts or transcripts from such records for a period of three years from the final date of this Contract, provided that such representatives shall hold such matters in strictest confidence and not disclose them except in accordance with the limitations on disclosure set forth in this Section 7.6. Contractor may request an independent third -party accountant or other professional to review any document that it believes is not directly 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. 4. Contractor may, from time to time, receive information which the City designates in writing to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 7.7 Assignment of Contract 7.7.1 Assignment or Pledge of Money by the Contractor The Contractor shall not assign or pledge any of the money due under this Contract without securing the prior written approval of the surety of the Contractor's performance bond and providing at least 30 calendar days prior written notice to the City of such assigninent or pledge together with a copy of the surety's approval thereof. Such assignment or pledge, however, shall not release the Contractor or its sureties from any obligations or liabilities arising under or because of this Contract. The requirements of this section shall not apply to the grant of a general security interest in the Contractor's assets to secure the Contractor's obligations under any loan or credit facility entered into by the Contractor or the Contractor's parent, 7.7.2 Assignment, Subcontracting, Delegation of Duties The Contractor shall not assign or sub -contract any of the services provided under this Contract that directly affect Customers or delegate any of its duties under this Contract without the prior written approval of the City, which may be granted or withheld in the City's sole discretion. In the event of an assignment, sub -contracting, or delegation of duties, the Contractor shall remain responsible for the full and faithful performance of this Contract and the assignee, subcontractor, or other obligor shall also become responsible to the City for the satisfactory performance of the services to be provided under this Contract. The City may impose conditions of approval on any such assignment, subcontracting, or Change of Control, including but not limited to requiring the delivery by the assignee, subcontractor, or other obligor of its covenant to the City to fully and faithfully complete the services to be provided under this Contract or responsibilities undertaken. In addition, the assignee, subcontractor, or obligor shall sign a separate statetnent agreeing to abide by all terms and conditions of this Contract. The City may terminate this Contract if the assignee, subcontractor, or obligor does not comply with this clause. Supplier agreements for vehicles, part, fuels, and other general supplies are exempt from this reporting requirement. For the purposes of this Contract, any Change of Control of the Contractor shall be considered an assignment subject to the requirements of this section. Nothing herein shall preclude the City from executing a novation, allowing the new ownership to assume the rights and duties of the Contract and releasing the previous ownership of all obligations and liability, City of Spokane Valley 51 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract 7.7.3 Merger or Sale of Contractor Operations In the event the Contractor wishes to change the trade name under which it does business within the City Service Area, the Contractor shall designate to the City the name, logo, and colors under which it will be doing business in writing to the City at least 30 days prior to the effective date of its change of trade name. Within a reasonable period following a change of trade name by the Contractor, all items, logos, articles, and implements seen by the public shall be changed, including but not limited to letterhead, signs, promotional materials, website pages, billing statements, envelopes, and other items. Vehicles are the only exception; vehicles must be repainted with new trade name, and any new logo or colors, within two years of the effective date of the change of trade name, provided that temporary name plates (magnetic, stickers or other) shall be affixed to vehicles within 30 days of the change. Failure to comply with the terms of this section shall result in penalties assessed against the Contractor in accordance with Section 5.1.2. 7.8 Laws to Govern/Venue This Contract shall be governed by the laws of the State of Washington both as to interpretation and performance. Venue shall be in Superior Court in the State of Washington for Spokane County. 7.9 Compliance with Applicable Laws and Regulations The Contractor shall comply with all federal, state, and local regulations and ordinances applicable to the work to be done under this Contract. Any material violation of the provisions of this section shall be grounds for termination or suspension of the Contract by the City, and may result in the Contractor's ineligibility for further work for the City. The Contractor agrees not to discriminate against any employee or applicant for employment or any other persons in the performance of this Contract because of race, religion, creed, color, national origin, marital status, gender, age, disability, sexual orientation, or other circumstances as may be defined by federal, state, or local law or ordinance, except for a bona fide occupational qualification. Without limiting the foregoing, Contractor agrees to cotnply with the provisions of the Affidavit of Equal Opportunity & Title VI Compliance requirements incorporated herein by this reference. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contractor setting forth the provisions of this nondiscrimination clause. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time -to -time must be complied with, including ergonomic and repetitive motion requirements. The Contractor must indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply with the Acts and Standards issued therein. The Contractor is also responsible for meeting all pertinent local, state, and federal health and environmental regulations and standards applying to the operation of the collection and processing systems used in the performance of this Contract. The Contractor is specifically directed to observe all weight -related laws and regulations in the performance of these services, including axle bridging and loading requirements. City of Spokane Valley 52 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract 7.10 Permits and Licenses The Contractor and subcontractors shall secure a City business license and pay all fees and taxes levied by the City. The Contractor shall obtain all permits, certifications, authorizations, and licenses necessary to provide the services required herein prior to the Date of Execution of this Contract at its sole expense. The Contractor shall be solely responsible for all taxes, fees, and charges incurred, including, but not limited to, license fees and all federal, state, regional, county, and local taxes and fees, including income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies, or activities related to the Contractor's activities under the Contract, business and occupation taxes, workers' compensation, and unemployment benefits. 7.11 Relationship of Parties The Parties understand and agree that Contractor shall be an independent contractor and not the agent or employee of City, that City is interested only in the results to be achieved, and that the right to control the particular manner, method, and means in which the services under this Contract are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Contract shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Contract and any liability that may attach thereto. 7.12 Contr'actor's Relationship with Customers The Contractor shall not separately contract with Customers for any services covered under this Contract; however, the Contractor may negotiate separate agreements with Customers for the sole purpose of compactor leasing, payment for recyclables, or other related services only when not included in this Contract, provided that Customers are provided separate invoices for those services and that the Contractor makes it clear to Customers that those services are not provided under this Contract. These separate agreements Hurst be in writing and shall in no way expressly or by application supersede this Contract. The Contractor agrees these separate agreements shall not contain durations any longer than the final date of this Contract's term. The Contractor shall provide the City a detailed list of all such separate agreements with Customers upon City request. The City may, at its sole option, regulate similar or identical services in the successor to this contract. 7.13 Bankruptcy It is agreed that if an order for relief with respect to the Contractor is entered in any bankruptcy case, either voluntarily or involuntarily, in which the Contractor is a debtor, then this Contract, at the option of the City, may be terminated effective on the day and at the time the order for relief is entered. 7.14 Right to Renegotiate/Amend The City shall retain the right to renegotiate this Contract or negotiate contract amendments at its discretion or based on policy changes, state statutory changes, or local law or rule changes, Washington State, or federal regulations regarding issues that materially modify the terms and conditions of the Contract, including but not limited to any modifications to contracting terms or policies as they relate to the City Disposal System and disposal services. The City may also renegotiate this Contract should any Washington State, County, or City rate or fee associated with the Contract be held illegal or any increase thereof be rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with the City City of Spokane Valley 53 October, 2016 Comprehensive Garbage, Recyclables, and Contpostables Collection Contract in the event the City wishes to change disposal locations or add additional services or developments, such as those identified through a pilot program under Section 3.1.18, to the Contract and to provide full disclosure of existing and proposed costs and operational impacts of any proposed changes. This Contract may be amended, altered, or modified only by a written amendment, alteration or modification, executed by authorized representatives of the City and the Contractor. A failure by the parties to reach agreement on any matter as to which either party has a right to renegotiate under this section or under any other section of this Contract shall not in and of itself result in a termination of this Contract or give rise to any right on the part of either party to terminate this Contract, nor shall a failure of the parties to reach such an agreement otherwise affect the validity or enforceability of this Contract. 7.15 Force Majeure Provided that the requirements of this section are met, Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Contract if Contractor's performance is prevented or delayed by acts of God, including landslides, Iightning, forest fires, storms, floods, freezing and earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public riots, explosions, accident to machinery, equipment or materials, unavailability of required materials or disposal restrictions, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of the Contractor, and are not the result of the willful or negligent act error or omission of the Contractor; and that could not have been prevented by the Contractor through the exercise of reasonable diligence ("Force Majeure"). The Contractor's obligations under this Contract shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. The following events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes that by virtue of their extent or completeness make the particular goods or services effectively unavailable to the Contractor; work stoppages or other labor disputes or disturbances occurring with respect to any activity performed or to be performed by the Contractor; or general economic conditions. If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Contract, the Contractor shall notify the City by telephone or email, on or promptly after the Force Majeure is fust known, followed within seven days by a written description of the event and cause thereof to the extent known; the date the event began, its estimated duration, the estimated time during which the performance of the Contractor's obligations will be delayed; the likely financial impact of the event; and whatever additional information is available concerning the event and its impact on the City and its Customers. The Contractor shall provide prompt written notice of the cessation of the Force Majeure. Whenever such event shall occur, the Contractor, as promptly and as reasonably possible, shall use its best efforts to eliminate the cause, reduce the cost, and resume performance under the Contract. In addition, if as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Contract, the Contractor shall notify all Customers regarding the disruption in collection service in a manner similar to the notification required in the case of inclement weather under Section 3.1.8. 7.16 Illegal Provisions If any provision of this Contract shall be declared illegal, void, unenforceable, or invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the legality, effectiveness, and City of Spokane Valley 54 October, 2016 Comprehensive Garbage, Recyclables, and Cornpostables Collection Contract validity of any other section, sentence, clause, or phrase of this Contract and the other provisions of the Contract shall remain in full force and effect. 7.17 Waiver No officer, employee, agent, or other individual acting on behalf of either party has the power, right, or authority to waive any of the conditions or provisions of this Contract. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Contract or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Contract or to require at any time perforrnance 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 Contract or any part thereof. 7.18 Incorporation of Contractor's Proposal in Response to City's RFP The Contractor's proposal, dated , submitted in response to the City's Request for Proposals, is incorporated by reference, including but not limited to collection vehicle types, customer service staffing and approach, processing abilities and other commitments made in the Contractor's proposal and all associated clarifications and supplemental proposal materials. In the case of conflict between the Contractor's proposal and this Contract, the provisions of this Contract shall prevail. The City may approve changes to vehicle and Container make, model and specifications at the City's discretion. 7.19 Disputes Resolution The parties shall attempt to resolve any and all disputes to the mutual satisfaction of both parties by good. faith discussions. Throughout the duration of a dispute, the Contractor shall continue providing all services included in this Contract. Disputes not resolved in accordance with other provisions of this Contract or through good faith discussions shall, within one year of first notification of such dispute, be submitted to non-binding mediation before a mediator mutually agreed upon by both the City and the Contractor. Each party shall pay their own mediation costs. Neither party may initiate or commence legal proceedings prior to completion of the non-binding mediation. If non-binding mediation is not successful, disputes shall be resolved through litigation filed in the Superior Court of the State of Washington in Spokane County, unless otherwise required by applicable federal or state law. 7.20 Jurisdiction and Venue This Contract is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington 7.21 Interpretation of Time All times expressed in this Contract are in reference to Pacific Standard Time. All references to days are calendar days unless otherwise specified. 7.22 Entirety This Contract and the attachments affixed hereto are herein incorporated by reference and represent the entire agreement or contract terms between the City and the Contractor with respect to the services to be provided under this Contract. No prior written or oral statement or proposal shall alter any term or provision of this Contract. City of Spokane Valley 55 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract WITNESS THE EXECUTION HEREOF on the day and year first herein above written. CITY OF SPOKANE VALLEY: Contractor: ATTEST: City Manager By: Its: Authorized Representative Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office of the City Attorney Attachments Attachment A: City Service Area Attachment B: Contractor Rates Attachment C: Recyclables List Attachment D: Rate Modification Example Attachment E: Insurance Certificates City of Spokane Valley 56 October, 2016 Comprehensive Garbage, Recyclables, and Compostabtes Collection Contract Attachment D Rate Modification Examples [To be revised and finalized to reflect final contract and rates prior to award] The collection and disposal components of the Customer charges listed in Attachment B will be adjusted separately, as appropriate. The collection component of Customer charges will be adjusted annually, pursuant to this Section and as described below. The disposal component of the Customer charges listed in Attachment B will be adjusted only if the City receives notification from the County of a pending disposal fee adjustment, and will not become effective until the new disposal charges become effective and are actually charged to the Contractor. Formulas for both collection and disposal rate adjustments are provided as follows: Collection Component Adjustment The sum of the collection and Administrative Fee components listed in Attachment B shall be increased or decreased by the amount of the CPI change: NCC PCC x [ 1 + nCPI — oCPI oCPI Where NCC = The new collection and Administrative Fee components, adjusted for excise tax on the Administrative Fee, of the customer rate for a particular service level; and PCC The previous collection and Administrative Fee components, adjusted for excise tax on the Administrative Fee, of the Customer rate for a particular service level; and nCPI = The prior year August CPI value; and oCPI = The CPI value used for the previous rate adjustment or, in the case of the first contract adjustment, the CPI value reported at the end of August 2017. Disposal Component Adjustment In the case of a Garbage disposal fee modification at the City's Disposal System, the disposal component of each service level shall be adjusted as follows; Step 1: A = ODC x NTF DTF Step 2: NDC = A +[(A — ODC) x CETR] City of Spokane Valley 1 October, 2016 Comprehensive Garbage, Recyclables, and Compostables Collection Contract Where NDC = The new disposal charge component of the customer rate for a particular service level; and NTF = The new disposal fee, dollars per ton; and ODC = The old disposal charge component of the customer rate for a particular service level; OTF = The old disposal fee, dollars per ton; and A = Pre -excise tax adjusted disposal component; and CETR Current excise tax rate (the current State excise tax rate; 0.015 used for this example). For example, using an initial one 35 -gallon cart rate of $23.52 per month: if the previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increase from $140 to $150 per ton starting on January 1, 20I9, the old disposal component is $5.00, and the State Excise Tax rate is 0.015, the January 2019 Customer charge for one 35 -gallon cart per week Residential Curbside service would be: (144.3-1412) New Collection Component = $18.52 x [1+ ] _ $18.66 (143.2) New Disposal Component = [$5.00 x (150/140)] plus excise tax adjustment of $0.01 = $5.36 Thus, the new Customer charge for one 35 -gallon cart per week Residential Curbside service will be $18.66 service component plus $5.36 disposal component, equaling $24.02. Administrative Fee Adjustment The Contractor's Commercial and Multifamily rates shown in Attachment B include an embedded Administrative Fee, which may be adjusted from time to time, pursuant to Section 4.2.1. The initial contract rates have incorporated an Administrative Fee corresponding to a X.X% fee on gross receipts from those Customers, as follows (1 yard, 1 pickup per week as example): Collection Fee ($48.26) + Disposal Fee ($29.35) + Administrative Fee ($10.87) + Excise Tax at 1.5% on Administrative Fee ($0.16) = Customer rate of $88.64. In the event the City Administrative Fee is adjusted, the Administrative Fee portion of the Contractor's Customer rates shall be adjusted in a manner that retains the Contractor's underlying compensation to ensure that the Contractor remains whole. City of Spokane Valley 2 October, 2016 Comprehensive Garbage, Recyclables, and Conrpostables Collection Contract Form 2a — Single -Family Residential Rates if Comprehensive Single Exclusive Contract Monthly Rates Unless Otherwise Specified Page 1 of 2 PROPONENT: Service Level Count Pounds Per Unit Disposal Fee Collection Fee Total Service Fee Service Level Monthly One 32 gallon Garbage Cart 269 $ - Weekly Residential Curbside Service Total Garbage Customers: 23,070 Total Compst Customers: 10,396 One 10 gallon Micro -Can $ - One 20 -gallon Minican 99 $ - One 20 -gallon Garbage Cart 1667 $ - 1 32 -gallon Garbage Can 3497 $ - 1 32 -gallon Garbage Cart 9214 $ - I 45 -gallon Garbage Cart $ - I 64 -gallon Garbage Cart 6562 $ - 1 96 -gallon Garbage Cart 1762 _ $ - Additional 32 Gallon Cans (weekly svc) $ - Extras (32 gallon equivalent) 1006 $ 4.00 Miscellaneous Fees: Recycling Only (no garbage service) 149 $ - Additional Recycling Cart $ 1.75 Subscription Yard Debris Service - 10-15 gallon Container $ - Subscription Yard Debris Service - 20 -gallon Cart $ - Subscription Yard Debris Service - 32 -gallon Cart $ - Subscription Yard Debris Service - 64 -gallon Cart 1 M $ - Subscription Yard Debris Service -96-gallon Cart 10395 f $ - Extra Yard Debris (32 gallon bag/bundle/can) 86 $ 3.00 2nd and Additional 96 -Gallon Yard Debris Cart $ 6.00 Return Trip $ 6.00 Roll-out Charge, per 25 ft, per cart, per time $ 3.00 Drive-in Charge, per month $ 6.00 Overweight/Oversize container (per p/u) $ 3.00 Redelivery of one or more containers , $ I0.00 Cart Cleaning (per cart per cleaning) $ 10.00 On -Call Bulky Non -CFC Containing Large Appliances ("white goods"), per item $ 20.00 Refrigerators/Freezers/Air Conditioners per item $ 30.00 Page 1 of 2 PROPONENT: Waste Collection Form 2a — Single -Family Residential Rates if Comprehensive Single Exclusive Contract Monthly Rates Unless Otherwise Specified Sofas, Chairs, per item $ 20.00 Mattresses, Boxsprings, per item $ 20.00 Cust Count 23,070 23,070 10,396 23,070 23,070 23,070 23,070 Proposal Alternatives (1) Universal Carts: (2) Household Clean-up Program (3) Weekly, year -around Compostables Collection (4) Embedded Split -schedule Compostables (5) Embedded weekly, year -around Compostables (6) Yard Debris Clean-up (7) Weekly Recycling Collection Per month increase or decrease in garbage rate per Per month increase or decrease in garbage rate per Per month increase in subscription compostables r Per month increase in garbage rate per customer Per month increase in garbage rate per customer Per month increase in subscription compostables r Per month increase in garbage rate per customer Page 2 of 2 PROPONENT: Form 2b — Single -Family Residential Rates with SF Resi and Comm+DB Split Monthly Rates Unless Otherwise Specified Page 1 of 2 PROPONENT: Service Level Count Pounds Per Unit Disposal Fee Collection Fee Total Service Fee Service Level Monthly One 32 gallon Garbage Cart 269 $ - Weekly Residential Curbside Service Total Garbage Customers: 23,070 Total Compst Customers: 10,396 One 10 gallon Micro -Can $ - One 20 -gallon Minican 99 $ One 20 -gallon Garbage Cart 1667 $ - 1 32 -gallon Garbage Can 3497 $ - 132 -gallon Garbage Cart 9214 $ - 145 -gallon Garbage Cart $ - 1 64 -gallon Garbage Cart 6562 $ - 1 96 -gallon Garbage Cart 1762 $ - Additional 32 Gallon Cans (weekly svc) $ - Extras (32 gallon equivalent) 1006 $ 4.00 Miscellaneous Fees: Recycling Only (no garbage service) 149 $ - Additional Recycling Cart $ 1.75 Subscription Yard Debris Service - 10-15 gallon Container $ - Subscription Yard Debris Service - 20 -gallon Cart $ - Subscription Yard Debris Service - 32 -gallon Cart $ - Subscription Yard Debris Service - 64 -gallon Cart 1 $ - Subscription Yard Debris Service -96-gallon Cart 10395 $ - Extra Yard Debris (32 gallon bag/bundle/can) 86 $ 3.00 2nd and Additional 96 -Gallon Yard Debris Cart $ 6.00 Return Trip $ 6.00 RoII-out Charge, per 25 ft, per cart, per time $ 3.00 Drive-in Charge, per month $ 6.00 Overweight/Oversize container (per p/u) - - $ 3.00 Redelivery of one or more containers $ 10.00 Cart Cleaning (per cart per cleaning) $ I0.00 On -Call Bulky Non -CFC Containing Large Appliances ("white goods"), per item $ 20.00 Refrigerators/Freezers/Air Conditioners per item $ 30.00 Page 1 of 2 PROPONENT: Waste Collection Form 2b — Single -Family Residential Rates with SF Resi and Comm+DB Split Monthly Rates Unless Otherwise Specified Sofas, Chairs, per item $ 20.00 Mattresses, Boxsprings, per item $ 20.00 Cust Count 23,070 23,070 10,396 23,070 23,070 23,070 23,070 Proposal Alternatives (1) Universal Carts: (2) Household Clean-up Program (3) Weekly, year -around Compostables Collection (4) Embedded Split -schedule Compostables (5) Embedded weekly, year -around Cornpostables (6) Yard Debris Clean-up (7) Weekly Recycling Collection Per month increase or decrease in garbage rate per Per month increase or decrease in garbage rate per Per month increase in subscription compostables r Per month increase in garbage rate per customer Per month increase in garbage rate per customer Per month increase in subscription compostables r Per month increase in garbage rate per customer Page 2 of 2 PROPONENT: Form 2c — Single -Family Residential Rates with Non-exclusive Comm+DB Monthly Rates Unless Otherwise Specified Page 1 of 2 PROPONENT: Service Level Count Pounds Per Unit Disposal Fee Collection Fee Total Service Fee Service Level Monthly One 32 gallon Garbage Cart 269 $ - Weekly Residential Curbside 1 Service Total Garbage Customers: 23,070 Total Compst Customers: 10,396 One 10 gallon Micro -Can $ - One 20 -gallon Minican 99 $ One 20 -gallon Garbage Cart 1667 $ - 1 32 -gallon Garbage Can 3497 $ 1 32 -gallon Garbage Cart 9214 $ - 1 45 -gallon Garbage Cart $ 1 64 -gallon Garbage Cart 6562 $ - 1 96 -gallon Garbage Cart 1762 $ - Additional 32 Gallon Cans (weekly svc) $ - Extras (32 gallon equivalent) 1006 $ 4.00 Miscellaneous Fees: Recycling Only (no garbage service) 149 $ - Additional Recycling Cart $ 1.75 ili. Subscription Yard Debris Service - 10-15 gallon Container $ - Subscription Yard Debris Service - 20 -gallon Cart $ - Subscription Yard Debris Service - 32 -gallon Cart $ - Subscription Yard Debris Service - 64 -gallon Cart 1 $ - Subscription Yard Debris Service -96-gallon Cart 10395 $ - Extra Yard Debris (32 gallon bag/bundle/can) 86 $ 3.00 2nd and Additional 96 -Gallon Yard Debris Cart $ 6.00 Return Trip $ 6.00 Roll-out Charge, per 25 ft, per cart, per time $ 3.00 Drive-in Charge, per month$ 6.00 Overweight/Oversize container (per p/u) $ 3.00 Redelivery of one or more containers $ 10.00 Cart CIeaning (per cart per cleaning) $ 10.00 On -Call Bulky Non -CFC Containing Large Appliances ("white goods"), per item $ 20.00 Refrigerators/Freezers/Air Conditioners per item $ 30.00 Page 1 of 2 PROPONENT: Waste Collection Form 2c — Single -Family Residential Rates with Non-exclusive Comm+DB Monthly Rates Unless Otherwise Specified Sofas, Chairs, per item $ 20.00 Mattresses, Boxsprings, per item $ 20.00 Cust Count 23,070 23,070 10,396 23,070 23,070 23,070 23,070 Proposal Alternatives (1) Universal Carts: (2) Household Clean-up Program (3) Weekly, year -around Compostables Collection (4) Embedded Split -schedule Compostables (5) Embedded weekly, year -around Compostables (6) Yard Debris Clean-up (7) Weekly Recycling Collection Per month increase or decrease in garbage rate pet Per month increase or decrease in garbage rate pet Per month increase in subscription compostables r Per month increase in garbage rate per customer Per month increase in garbage rate per customer Per month increase in subscription compostables r Per month increase in garbage rate per customer Page 2 of 2 PROPONENT: Form 2d — Single -Family Residential Rates STATUS QUO Monthly Rates Unless Otherwise Specified Page 1 of 2 PROPONENT: Service Level Count Pounds Per Unit Disposal Fee Collection Fee Total Service Fee Service Level Monthly One 32 gallon Garbage Cart 269 $ - Weekly Residential Curbside Service Total Garbage Customers: 23,070 Total Compst Customers: 10,396 One I0 gallon Micro -Can $ - One 20 -gallon Minican 99 $ - One 20 -gallon Garbage Cart 1667 $ - 1 32 -gallon Garbage Can 3497 $ - 1 32 -gallon Garbage Cart 9214 $ - 1 45 -gallon Garbage Cart $ - 1 64 -gallon Garbage Cart 6562 $ - 1 96 -gallon Garbage Cart 1762 $ - Additional 32 Gallon Cans (weekly svc) $ - Extras (32 gallon equivalent) 1006 $ 4.00 Miscellaneous Fees: Recycling Only (no garbage service) 149 $ - Additional Recycling Cart $ 1.75 Subscription Yard Debris Service - 10-15 gallon Container $ - Subscription Yard Debris Service - 20 -gallon Cart $ - Subscription Yard Debris Service - 32 -gallon Cart $ - Subscription Yard Debris Service - 64 -gallon Cart 1 $ - Subscription Yard Debris Service -96-gallon Cart 10395 $ - Extra Yard Debris (32 gallon bag/bundle/can) 86 $ 3.00 2nd and Additional 96 -Gallon Yard Debris Cart $ 6.00 Return Trip $ 6.00 Roll-out Charge, per 25 ft, per cart, per time $ 3.00 Drive-in Charge, per month $ 6.00 Overweight/Oversize container (per p/u) $ 3.00 Redelivery of one or more containers gpaiazi $ 10.00 Cart Cleaning (per cart per cleaning) 1 $ 10.00 On -Call Bulky Non -CFC Containing Large Appliances ("white goods"), per item $ 20.00 Refrigerators/Freezers/Air Conditioners per item $ 30.00 Page 1 of 2 PROPONENT: Waste Collection Form 2d — Single -Family Residential Rates STATUS QUO Monthly Rates Unless Otherwise Specified Sofas, Chairs, per item $ 20.00 Mattresses, Boxsprings, per item $ 20.00 Cust Count 23,070 23,070 10,396 23,070 23,070 23,070 23,070 Proposal Alternatives (1) Universal Carts: (2) Household Clean-up Program (3) Weekly, year -around Compostables Collection (4) Embedded Split -schedule Compostables (5) Embedded weekly, year -around Compostables (6) Yard Debris Clean-up (7) Weekly Recycling Collection Page 2 of 2 Per month increase or decrease in garbage rate per Per month increase or decrease in garbage rate per Per month increase in subscription compostables r Per month increase in garbage rate per customer Per month increase in garbage rate per customer Per month increase in subscription compostables r Per month increase in garbage rate per customer PROPONENT: Form 2e - Commercial/DB Rates if Comprehensive Single Exclusive Contract Monthly Rates Unless Otherwise Specified Weekly Commercial Can and Cart One 20 -gallon Minican or Garbage Cart $ - 132 -gallon Garbage Can/Cart 339 $ - 1 45 -gallon Garbage Cart $ - 1 64 -gallon Garbage Cart or 2-32 gallon Garbage Cans 46 $ - 196 -gallon Garbage Cart or 3-32 gallon Garbage Cans 71 $ - Extras (32 -gallon equivalent) 357 S 4.00 Ancillary Fees: $ - Weekly 64 -gal Cart Yard Debris/Foodwaste service 23 Retum Trip $ 6.00 Roll-out Charge, per addtn'l 25 ft, per cart, per p/u r $ 1.50 Redelivery of containers $ 10.00 Cart Cleaning (per cart per cleaning) $ 10.00 Weekly Commercial Detachable Container (compacted) I Cubic Yard Container $ - 1.5 Cubic Yard Container $ - 2 Cubic Yard Container 4 $ - 3 Cubic Yard Container 5 $ - 4 Cubic Yard Container 4 $ - 6 Cubic Yard Container 3 $ - Commercial Detachable Container (loose) 1 Cubic Yard, 1 pickup/week 309 $ - I Cubic Yard, 2 pickups/week 18 $ - I Cubic Yard, 3 pickups/week 1 $ - I Cubic Yard, 4 pickups/week $ - I Cubic Yard. 5 pickups/week $ - I.5 Cubic Yard, 1 pickup/week 61 $ - 1.5 Cubic Yard, 2 pickups/week 1 $ - 1.5 Cubic Yard, 3 pickups/week $ - 1.5 Cubic Yard, 4 pick-ups/week $ - 1.5 Cubic Yard, 5 pickups/week $ - 2 Cubic Yard, 1 pickups/week 298 $ - 2 Cubic Yard. 2 pick-ups/week 22 $ - 2 Cubic Yard, 3 pick-ups/week 1 $ - 2 Cubic Yard. 4 pick-ups/week $ - 2 Cubic Yard. 5 pickups/week $ - 3 Cubic Yard, I pickup/week 131 $ - 3 Cubic Yard. 2 pick-ups/week 8 $ - 3 Cubic Yard, 3 pickups/week $ - 3 Cubic Yard, 4 pickups/week $ -- 3 Cubic Yard, 5 pick-ups/week $ - 4 Cubic Yard. I pickup/week 262 $ - Page 1 of 3 PROPONENT: Form 2e - Commercial/DB Rates if Comprehensive Single Exclusive Contract Monthly Rates Unless Otherwise Specified I 4 Cubic Yard, 2 pickups/week 42 $ - 4 Cubic Yard, 3 pickups/week 8 $ - 4 Cubic Yard, 4 pickups/week $ - 4 Cubic Yard, 5 pickups/week $ - 6 Cubic Yard, 1 pickup/week 256 $ - 6 Cubic Yard, 2 pickups/week 82 $ - 6 Cubic Yard, 3 pickups/week 11 $ - 6 Cubic Yard. 4 pickups/week $ - 6 Cubic Yard, 5 pick-ups/week 1 $ - 8 Cubic Yard, 1 pickup/week 178 $ - 8 Cubic Yard. 2 pickups/week 60 $ - 8 Cubic Yard, 3 pickups/week 17 _ $ - 8 Cubic Yard, 4 pickups/weck 1 $ - 8 Cubic Yard, 5 pickups/week 5 $ - Extra loose cubic yard in container, per pickup 101 $ 10.00 Extra loose cubic yard on ground, per pickup $ 20.00 Detachable Container Ancillary Fees (per occurance): Multifamily Recycling Fee (per monthly cubic yard) 312 Stand-by Time (per minute) $ 1.60 Container Cleaning (per yard of container size) $ 10.00 Redelivery of Containers $ 20.00 Return Trip $ 10.00 Service Level (based on pick ups) Daily Rent Monthly Rent Delivery Charge Haul Charge Commercial Drop -box Collection Non -compacted 10 cubic yard Drop -box (4 boxes) 35 Non -compacted 15 cubic yard Drop -box Non -compacted 20 cubic yard Drop -box (50 boxes) 123 Non -compacted 25 cubic yard Drop -box Non -compacted 30 cubic yard Drop -box (71 boxes) 275 Non -compacted 40 cubic yard Drop -box (25 boxes) 97 Compacted 10 cubic yard Drop -box Compacted 20 cubic yard Drop -box (16 boxes) 30 Compacted 25 cubic yard Drop -box (6 boxes) 18 '' Compacted 30 cubic yard Drop -box (13 boxes) 27 • Compacted 40 cubic yard Drop -box (7 box) 14 Drop -box Ancillary Fees Per Event Multifamily Recycling Fee (per cubic yard of Garbage capacity) Return Trip $ 25.00 Page 2 of 3 PROPONENT: Form 2e - Commercial/DB Rates if Comprehensive Single Exclusive Contract Monthly Rates Unless Otherwise Specified Cust Count Proposal Alternatives (1) Premium Commercial Collection Per month increase in garbage rate per yard Page 3 of 3 PROPONENT: Stand-by Time (per minute)—+ : S 160 Container cleaning (per yard of container size) S 10.00 Drop -box directed to other facility (per one-way mile) S 3.00 Service Level Pounds Per Unit Disposal Fee Collection Fee Haul Charge Temporary Collection Hauling 2 Yard detachable Container 2 4 Yard detachable container 3 6 Yard detachable container 2 8 Yard detachable container 3 Non -compacted 10 cubic yard Drop -box 2 Non -compacted 20 cubic yard Drop -box 1 Non -compacted 30 cubic yard Drop -box 1 Non -compacted 40 cubic yard Drop -box 1 Service Level Delivery Fee Daily Rental Monthly Rental Temporary Collection Container Rental and Delivery 2 Yard detachable container 2 4 Yard detachable container 3 6 Yard detachable container 2 8 Yard detachable container 3 Non -compacted 10 cubic yard Drop -box 2 Non -compacted 20 cubic yard Drop -box I ._ ... Non -compacted 30 cubic yard Drop -box I Non -compacted 40 cubic yard Drop -box I _ Event Services Per Day Delivery, provision, collection of a set of 2 carts (Garbage+Recy) . , . $ 25.00 Hourly Rates Service Per Hour Rear/Side-load packer+ driver , ®__.,_ , Front -load packer + driver Drop -box Truck + driver '" Additional Labor (per person) Cust Count Proposal Alternatives (1) Premium Commercial Collection Per month increase in garbage rate per yard Page 3 of 3 PROPONENT: Form 2f - Commercial/DB Rates with SF Resi and Comm+DB Split Monthly Rates Unless Otherwise Specified Weekly Commercial Can and Cart One 20 -gallon Minican or Garbage Cart $ - 1 32 -gallon Garbage Can/Cart 339 $ 1 45 -gallon Garbage Cart $ - 1 64 -gallon Garbage Cart or 2-32 gallon Garbage Cans 46 $ - 1 96 -gallon Garbage Cart or 3-32 gallon Garbage Cans 71 $ - Extras (32 -gallon equivalent) 357 $ 4.00 Ancillary Fees: $ - Weekly 64 -gal Cart Yard Debris/Foodwaste service 23 Return Trip $ 6.00 Roll-out Charge, per addtn'l 25 ft, per cart, per p/u $ 1.50 Redelivery of containers $ 10.00 Cart Cleaning (per cart per cleaning) $ 10.00 Weekly Commercial Detachable Container (compacted) 1 Cubic Yard Container $ - 1.5 Cubic Yard Container $ - 2 Cubic Yard Container 4 $ - 3 Cubic Yard Container 5 $ - 4 Cubic Yard Container 4 $ - 6 Cubic Yard Container 3 $ - Commercial Detachable Container (loose) 1 Cubic Yard, 1 pickup/week 309 $ - 1 Cubic Yard, 2 pickups/week 18 $ - 1 Cubic Yard, 3 pickups/week 1 $ - 1 Cubic Yard, 4 pickups/week $ - 1 Cubic Yard, 5 pickups/week $ - 1.5 Cubic Yard, 1 pickup/week 61 $ - 1.5 Cubic Yard, 2 pickups/week 1 $ - 1.5 Cubic Yard, 3 pickups/week $ - 1.5 Cubic Yard, 4 pickups/week $ - 1.5 Cubic Yard, 5 pickups/week $ - 2 Cubic Yard, 1 pickups/week 298 $ - 2 Cubic Yard, 2 pickups/week 22 $ - 2 Cubic Yard, 3 pickups/week 1 $ - 2 Cubic Yard, 4 pickups/week $ - 2 Cubic Yard, 5 pickups/week $ - 3 Cubic Yard, 1 pickup/week 131 $ - 3 Cubic Yard, 2 pickups/week 8 $ - 3 Cubic Yard, 3 pickups/week $ - 3 Cubic Yard, 4 pickups/week $ - 3 Cubic Yard, 5 pick-ups/week $ - 4 Cubic Yard, 1 pickup/week 262 $ - Page 1 of 3 PROPONENT: Form 2f - Commercial/DB Rates with SF Resi and Comm+DB Split Monthly Rates Unless Otherwise Specified Page 2 of 3 PROPONENT: 4 Cubic Yard, 2 pickups/week 42 $ - 4 Cubic Yard, 3 pickups/weck 8 $ - 4 Cubic Yard, 4 pick-ups/week $ - 4 Cubic Yard, 5 pickups/week $ - 6 Cubic Yard, I pickup/week 256 $ - 6 Cubic Yard, 2 pickups/week 82 $ - 6 Cubic Yard, 3 pickups/week 11 $ - 6 Cubic Yard, 4 pick-ups/week $ - 6 Cubic Yard, 5 pick-ups/week I $ - 8 Cubic Yard, 1 pick-up/week 178 $ - 8 Cubic Yard. 2 pickups/week 60 $ - 8 Cubic Yard, 3 pickups/week 17 $ - 8 Cubic Yard, 4 pickups/week 1 $ - 8 Cubic Yard. 5 pickups/week 5 $ - Extra loose cubic yard in container, per pickup 101 $ 10.00 Extra loose cubic yard on ground, per pickup $ 20.00 Detachable Container Ancillary Fees (per occurance): Multifamily Recycling Fee (per monthly cubic yard) 312 Stand-by Time (per minute) $ 1.60 Container Cleaning (per yard of container size) $ 10.00 Redelivery of Containers $ 20.00 Return Trip $ 10.00 Service Level (based on pick ups) Daily Rent Monthly Rent Delivery Charge Haul Charge Commercial Drop -box Collection Non -compacted 10 cubic yard Drop -box (4 boxes) 35 Non -compacted 15 cubic yard Drop -box Non -compacted 20 cubic yard Drop -box (50 boxes) 123 Non -compacted 25 cubic yard Drop -box Non -compacted 30 cubic yard Drop -box (71 boxes) 275 Non -compacted 40 cubic yard Drop -box (25 boxes) 97 Compacted 10 cubic yard Drop -box Compacted 20 cubic yard Drop -box (16 boxes) 30 Compacted 25 cubic yard Drop -box (6 boxes) 18 Compacted 30 cubic yard Drop -box (13 boxes) 27 Compacted 40 cubic yard Drop -box (7 box) 14 111111 Drop -box Ancillary Fees Per Event Multifamily Recycling Fee (per cubic yard of Garbage capacity) Return Trip $ 25.00 Page 2 of 3 PROPONENT: Form 2f - Commercial/DB Rates with SF Resi and Comm+DB Split Monthly Rates Unless Otherwise Specified Cust Count Proposal Alternatives (1) Premium Commercial Collection Per month increase in garbage rate per yard Page 3 of 3 PROPONENT: Stand-by Time (per minute) _ ` $ 1.60 Container cleaning (per yard of container size) „_ $ 10.00 Drop -box directed to other facility (per one-way mile) —111111111111111111P $ 3.00 Service Level Pounds Per Unit Disposal Fee Collection Fee Haul Charge Temporary Collection Hauling 2 Yard detachable Container 2 4 Yard detachable container 3 6 Yard detachable container 2 8 Yard detachable container 3 Non -compacted I0 cubic yard Drop -box 2 Non -compacted 20 cubic yard Drop -box 1 Non -compacted 30 cubic yard Drop -box 1 Non -compacted 40 cubic yard Drop -box 1 . Service Level Delivery Fee Daily Rental Monthly Rental Temporary Collection Container Rental and Delivery 2 Yard detachable container 2 4 Yard detachable container 3 6 Yard detachable container 2 , 8 Yard detachable container 3 Non -compacted 10 cubic yard Drop -box 2 Non -compacted 20 cubic yard Drop -box 1 Non -compacted 30 cubic yard Drop -box 1 Non -compacted 40 cubic yard Drop -box 1 Event Services Per Day Delivery, provision. collection of a set of 2 carts (Garbage+Recy) $ 25.00 Hourly Rates Service Per Hour Rear/Side-load packer + driver ._,___,_, u___, Front -load packer + driver Drop -box Truck + driver . , ..' s Additional Labor (per person) - Cust Count Proposal Alternatives (1) Premium Commercial Collection Per month increase in garbage rate per yard Page 3 of 3 PROPONENT: Form 2g- Comm/DB Rates with SF Resi and Non-exclusive Comm/DB Monthly Rates Unless Otherwise Specified Weekly Commercial Can and Cart One 20 -gallon Minican or Garbage Cart $ - 1 32 -gallon Garbage Can/Cart 339 $ - 1 45 -gallon Garbage Cart $ - 1 64 -gallon Garbage Cart or 2-32 gallon Garbage Cans 46 $ - 1 96 -gallon Garbage Cart or 3-32 gallon Garbage Cans 71 $ - Extras (32 -gallon equivalent) 357 $ 4.00 Ancillary Fees: $ - Weekly 64 -gal Cart Yard Debris/Foodwaste service 23 Return Trip $ 6.00 Roll-out Charge, per addtn'1 25 ft, per cart, per p/u $ 1.50 Redelivery of containers $ 10.00 Cart Cleaning (per cart per cleaning)_ $ 10.00 Weekly Commercial Detachable Container (compacted) 1 Cubic Yard Container $ - 1.5 Cubic Yard Container $ - 2 Cubic Yard Container 4 $ - 3 Cubic Yard Container 5 $ - 4 Cubic Yard Container 4 $ - 6 Cubic Yard Container3 $ - Commercial Detachable Container (loose) 1 Cubic Yard, 1 pickup/week 309 $ - 1 Cubic Yard, 2 pickups/week 18 $ - 1 Cubic Yard, 3 pickups/week 1 $ - I Cubic Yard, 4 pickups/week $ - 1 Cubic Yard, 5 pickups/week $ - 1.5 Cubic Yard, 1 pickup/week 61 $ - 1.5 Cubic Yard, 2 pickups/week 1 $ - 1.5 Cubic Yard, 3 pickups/week $ - 1.5 Cubic Yard, 4 pickups/week $ - 1.5 Cubic Yard. 5 pickups/week $ - 2 Cubic Yard, I pickups/week 298 $ - 2 Cubic Yard, 2 pickups/week 22 $ - 2 Cubic Yard, 3 pickups/week 1 $ - 2 Cubic Yard, 4 pickups/week $ - 2 Cubic Yard, 5 pickups/week $ - 3 Cubic Yard, 1 pickup/week 131 $ - 3 Cubic Yard, 2 pickups/week 8 $ - 3 Cubic Yard. 3 pickups/week $ - 3 Cubic Yard, 4 pickups/week $ 3 Cubic Yard, 5 pickups/week $ - 4 Cubic Yard, 1 pickup/week 262 . $ - Page I of 3 PROPONENT: Commercial Drop -box Collection Form 2g- Comm/DB Rates with SF Resi and Non-exclusive Comm/DB Monthly Rates Unless Otherwise Specified 4 Cubic Yard, 2 pickups/week 42 4 Cubic Yard, 3 pickups/week 8 4 Cubic Yard, 4 pickups/week 4 Cubic Yard, 5 pickups/week 6 Cubic Yard. 1 pickup/week 256 6 Cubic Yard, 2 pickups/week 82 6 Cubic Yard, 3 pickups/week 11 6 Cubic Yard. 4 pickups/weck 6 Cubic Yard, 5 pickups/week I 8 Cubic Yard, I pickup/week 178 8 Cubic Yard, 2 pickups/week 60 8 Cubic Yard, 3 pickups/week 17 8 Cubic Yard, 4 pickups/week 1 8 Cubic Yard, 5 pickups/weck 5 Extra loose cubic yard in container, per pickup 101 Extra loose cubic yard on ground, per pickup Detachable Container Ancillary Fees (per occurance): Multifamily Recycling Fee (per monthly cubic yard) 312 Stand-by Time (per minute) Container Cleaning (per yard of container size) Redelivery of Containers Return Trip AM AMR. Service Level (based on pick ups) Daily Rent Monthly Rent Delivery Charge Non -compacted 10 cubic yard Drop -box (4 boxes) 35 Non -compacted 15 cubic yard Drop -box Non -compacted 20 cubic yard Drop -box (50 boxes) 123 Non -compacted 25 cubic yard Drop -box Non -compacted 30 cubic yard Drop -box (71 boxes) 275 Non -compacted 40 cubic yard Drop -box (25 boxes) 97 Compacted 10 cubic yard Drop -box Compacted 20 cubic yard Drop -box (16 boxes) 30 Compacted 25 cubic yard Drop -box (6 boxes) 18 Compacted 30 cubic yard Drop -box (13 boxes) 27 Compacted 40 cubic yard Drop -box (7 box) 14 Drop -box Ancillary Fees Multifamily Recycling Fee (per cubic yard of Garbage capacity) Return Trip $ $ $ $ $ $ $ 10.00 $ 20.00 $ 1.60 $ 10.00 $ 20.00 $ 10.00 Haul Charge Per Event $ 25.00 Page 2 of 3 PROPONENT: Form 2g- Comm/DB Rates with SF Resi and Non-exclusive Comm/DB Monthly Rates Unless Otherwise Specified Cust Count Proposal Alternatives (1) Premium Commercial Collection Per month increase in garbage rate per yard Page 3 of 3 PROPONENT: Stand-by Time (per minute) _". $ 1.60 Container cleaning (per yard of container size) •Drop $ 10.00 -box directed to other facility (per one-way mile) $ 3.00 Service Level Pounds Per Unit Disposal Fee Collection Fee Haul Charge Temporary Collection Hauling 2 Yard detachable Container 2 4 Yard detachable container 3 6 Yard detachable container 2 8 Yard detachable container 3 Non -compacted 10 cubic yard Drop -box 2 Non -compacted 20 cubic yard Drop -box 1 - - Non -compacted 30 cubic yard Drop -box I , Non -compacted 40 cubic yard Drop -box I - Service Level Delivery Fee Daily Rental Monthly Rental Temporary Collection Container Rental and Delivery 2 Yard detachable container 2 4 Yard detachable container 3 6 Yard detachable container 2 8 Yard detachable container 3 Non -compacted 10 cubic yard Drop -box 2 _ Non -compacted 20 cubic yard Drop -box 1 Non -compacted 30 cubic yard Drop -box 1 Non -compacted 40 cubic yard Drop -box 1 Event Services Per Day Delivery, provision, collection of a set of 2 carts (Garbage+Recy) $ 25.00 rtourly Rates Service Per Hour Rear/Side-load packer + driver Front -load packer + driver _ Drop -box Truck + driver Additional Labor (per person) Cust Count Proposal Alternatives (1) Premium Commercial Collection Per month increase in garbage rate per yard Page 3 of 3 PROPONENT: Form 2g- Comm/DB Rates Status Quo Monthly Rates Unless Otherwise Specified Weekly Commercial Can and Cart One 20 -gallon Minican or Garbage Cart $ - 1 32 -gallon Garbage Can/Cart 339 $ - 1 45 -gallon Garbage Cart $ - 1 64 -gallon Garbage Cart or 2-32 gallon Garbage Cans 46 $ - 1 96 -gallon Garbage Cart or 3-32 gallon Garbage Cans 71 $ - Extras (32 -gallon equivalent) 357 5 4.00 Ancillary Fees: $ - Weekly 64 -gal Cart Yard Debris/Foodwaste service 23 Return Trip { $ 6.00 Roll-out Charge, per addtn'1 25 ft, per cart, per p/u $ 1.50 Redelivery of containers $ 10.00 Cart Cleaning (per cart per cleaning). 5 10.00 Weekly Commercial Detachable Container (compacted) 1 Cubic Yard Container $ - 1.5 Cubic Yard Container $ - 2 Cubic Yard Container 4 $ - 3 Cubic Yard Container 5 $ - 4 Cubic Yard Container 4 $ - 6 Cubic Yard Container3 $ - Commercial Detachable Container (loose) 1 Cubic Yard, 1 pickup/week 309 $ - 1 Cubic Yard, 2 pickups/week 18 $ - 1 Cubic Yard, 3 pickups/week 1 $ - 1 Cubic Yard, 4 pick-ups/week $ - 1 Cubic Yard, 5 pickups/week $ - 1.5 Cubic Yard, 1 pickup/week 61 $ - 1.5 Cubic Yard. 2 pickups/week 1 $ - 1.5 Cubic Yard, 3 pickups/week 5 - 1.5 Cubic Yard, 4 pickups/week $ - 1.5 Cubic Yard, 5 pickups/week $ - 2 Cubic Yard, 1 pickups/week 298 $ - 2 Cubic Yard, 2 pickups/week 22 $ - 2 Cubic Yard, 3 pickups/week 1 $ - 2 Cubic Yard, 4 pickups/week $ - 2 Cubic Yard, 5 pickups/week $ - 3 Cubic Yard, 1 pickup/week 131 5 - 3 Cubic Yard, 2 pickups/week 8 $ - 3 Cubic Yard, 3 pickups/week $ - 3 Cubic Yard, 4 pick-ups/week $ - 3 Cubic Yard, 5 pickups/week $ - 4 Cubic Yard. 1 pickup/week 262 $ - Page 1 of 3 PROPONENT: Commercial Drop -box Collection Form 2g- Comm/DB Rates Status Quo Monthly Rates Unless Otherwise Specified 4 Cubic Yard, 2 pick-ups/week 42 $ - 4 Cubic Yard, 3 pick-ups/week 8 $ - 4 Cubic Yard, 4 pickups/week $ - 4 Cubic Yard, 5 pickups/week $ - 6 Cubic Yard, 1 pickup/week 256 $ - 6 Cubic Yard, 2 pickups/week 82 $ - 6 Cubic Yard, 3 pickups/week 11 $ - 6 Cubic Yard, 4 pickups/week $ - 6 Cubic Yard, 5 pickups/week 1 $ - 8 Cubic Yard, 1 pickup/week 178 $ - 8 Cubic Yard, 2 pickups/week 60 $ - 8 Cubic Yard, 3 pickups/week 17 $ - 8 Cubic Yard, 4 pickups/week 1 $ - 8 Cubic Yard, 5 pickups/week 5 $ - Extra loose cubic yard in container, per pickup 101 $ 10.00 Extra loose cubic yard on ground, per pickup $ 20.00 Detachable Container Ancillary Fees (per occurance): Multifamily Recycling Fee (per monthly cubic yard) 312 Stand-by Time (per minute) $ 1.60 Container Cleaning (per yard of container size) $ 10.00 Redelivery of Containers $ 20.00 Return Trip $ 10.00 Service Level (based on pick ups) Daily Rent Monthly Rent Delivery Charge Haul Charge Non -compacted 10 cubic yard Drop -box (4 boxes) 35 Non -compacted 15 cubic yard Drop -box _ Non -compacted 20 cubic yard Drop -box (50 boxes) 123 Non -compacted 25 cubic yard. Drop -box Non -compacted 30 cubic yard Drop -box (71 boxes) 275 Non -compacted 40 cubic yard Drop -box (25 boxes) 97 Compacted 10 cubic yard Drop -box Compacted 20 cubic yard Drop -box (16 boxes) 30 Compacted 25 cubic yard Drop -box (6 boxes) 18 Compacted 30 cubic yard Drop -box (13 boxes) 27 Compacted 40 cubic yard Drop -box (7 box) 14 Drop -box Ancillary Fees Per Event Multifamily Recycling Fee (per cubic yard of Garbage capacity) Return Trip $ 25.00 Page 2 of 3 PROPONENT: Form 2g- Comm/DB Rates Status Quo Monthly Rates Unless Otherwise Specified Cust Count Proposal Alternatives (1) Premium Commercial Collection Per month increase in garbage rate per yard Page 3 of 3 PROPONENT: Stand-by Time (per minute) $ 1.60 Container cleaning (per yard of container size) , $ 10.00 Drop -box directed to other facility (per one-way mile) _ _ $ 3.00 Service Level Pounds Per Unit Disposal Fee Collection Fee Haul Charge Temporary Collection Hauling 2 Yard detachable Container 2 4 Yard detachable container 3 6 Yard detachable container 2 8 Yard detachable container 3 Non -compacted 10 cubic yard Drop -box 2 .,.., _ e Non -compacted 20 cubic yard Drop -box 1 Non -compacted 30 cubic yard Drop -box 1 Non -compacted 40 cubic yard Drop -box 1 Service Level Delivery Fee Daily Rental Monthly Rental Temporary Collection Container Rental and Delivery 2 Yard detachable container 2 4 Yard detachable container 3 6 Yard detachable container 2 8 Yard detachable container 3 Non -compacted 10 cubic yard Drop -box 2 Non -compacted 20 cubic yard Drop -box 1 ., Non -compacted 30 cubic yard Drop -box 1 Non -compacted 40 cubic yard Drop -box 1 Event Services Per Day Delivery, provision, collection of a set of 2 carts (Garbage±Rccy) $ 25.00 Hourly Rates Service Per Hour Rear/Side-load packer + driver Front -load packer + driver Drop -box Truck + driver Additional Labor (per person) Cust Count Proposal Alternatives (1) Premium Commercial Collection Per month increase in garbage rate per yard Page 3 of 3 PROPONENT: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2016 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Greater Spokane Incorporated (GSI) Contract GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: GSI is the Associate Development Organization (ADO) for Spokane County. The ADO is appointed by the County Commissioners and is under contract with the Department of Commerce to represent the region's economic development interests. From 2008 until 2015, the City allocated Outside Agencies funds to GSI to provide economic development services for the City of Spokane Valley. For the 2016 budget year, the City contracted with GSI to perform specific economic development tasks that complement our internal program. A copy of the contract is attached. Staff will discuss the ADO's roles, and detail the services GIS provides to the City. GSI's contract expires December 31, 2016. OPTIONS: Council discretion RECOMMENDED ACTION OR MOTION: Staff seeks Council consensus to renew the Contract with GSI in 2017, and add $43,000 to the 2017 Economic Development Division Budget BUDGET/FINANCIAL IMPACTS: Add $43,000 to the Economic Development Division budget for 2017 STAFF CONTACT: John Hohman ATTACHMENTS: 1. Staff PowerPoint Presentation 2. 2016 GSI Contract 3. GSI Strategic Plan 4. GSI ADO Business Plan Reporting Obligations 5. Todd Mielke's e-mail responses to questions from Councilmember Ed Pace 6. GIS Overview Presentation Greater Spokane Incorporated Contract John Hohman, Director Community and Economic Development Spokane _Valley 1 Greater Spokane Incorporated (GSI) ■ Associate Development Organization (ADO) for Spokane County ■ Appointed by County Commissioners ■ Under contract with Department of Commerce per RCW 43.330.080 — contract amount is $169,930/year Spokane _Valley 2 GSI Duties as ADO ■ Represent region's community and economic interests ■ Point contact for the region for Site Selectors, brokers, and State ■ Market Spokane region and Washington State ■ Provide site location and selection services ■ Provide business retention and expansion services ■ Provide export assistance ■ Collaborate with educational institutions for job skills training program ■ Conduct studies to identify and carry out ED priorities Spokane _Valley 3 GSI Membership Distribution Downtown Liberty Lake Northside Southside Valley West Plains Regional (based in E Washington or N Idaho) Out of the Region Member Coun 481 27 172 80 197 62 41 43 44% 2% 16% 7% 18% 6% 4% 4% • Many of GSI's members with large number of workers such as Kaiser, Wagstaff, Central Valley & West Valley School districts are located in Spokane Valley • Membership count does not take into consideration the size of the employer • There are approximately 495,000 residents in Spokane County, Spokane Valley comprises approximately 20% of the population. Spokane _Valley Visit Spokane March 2016 4 GSI Total Budget 50% Memberships 30% Grants and contributions from public and private sector investors (includes funding by Spokane Valley) 20% $3.9 Million Events and service contracts Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 r' 111 Funding $65,000 $64,000 $60,000 $51,000 $41,500 $34,582 $36,714 $23,286 $43,000 Spokane _Valley 5 GSI Contract ik Cost ■ 2016 City Contract Amount is $43,000 or 0.40 FTE (mid range of Grade 15) ■ Economic development staff coordinates with GSI staff on a weekly basis ■ Direct access to the following GSI staff and wide range of expertise: • Business Development, VP • Manufacturing Industry Manager • Technology Industry Manager • Business & Professional Services Industry Manager • International Trade & Economic Development Manager • Entrepreneur Program Director • Procurement Technical Assistance Center (PTAC) Manager Spokane _Valley 6 GSI Contract & Cost (Cont') Contract Cost Coordination and Reporting No charge Business Retention and Expansion $10,000 Business Recruitment $20,000 Lobbying Services No charge International Trade $7,500 Government Contracting $3,000 Entrepreneur Support $2,500 Total Budget $43,000 Spokane _Valley Business Retention and Expansion ■ Visit 75 local industries and businesses in Spokane Valley annually • Approximately 50 manufacturing businesses annually, 2 year rotation • Approximately 15 large manufacturer visited every year — For example: Kaiser, Wagstaff, Servatron, Spokane Industries, Precision Cutting Technologies, Multifab, K&N Electric ■ City staff attends 20 visits per year ■ Connections to available resources, local suppliers, and local clients ■ Average visit takes 3 hours including visit, travel time and coordination ■ We estimate that GSI spends approximately 225 hours with this task, the value for the City $22,500 ( 225 hours @ $100/hr). The City's contract cost for this task is $10,000 in 2016. Spokane _Valley 8 Business Recruitment SELECTQ SPOKANE VALLEY selectspakane.com • Market at trade shows, website, publications • Provide site location and selection services for Site Selectors, brokers, and top prospects • Conduct trade missions • Active Recruitment in Spokane Valley — Project Rail — 150 potential jobs — Faneuil Customer Service Center —180 potential jobs — 2 Potential manufacturers — 300 potential jobs Spokane _Valley 9 Business Recruitment (Cont') ■ Business Recruitment is time consuming SELECTQ SPOKANE VALLEY selectspokane.corn • Working on Project Rail since Fall of 2014 in close collaboration with City staff (approximately 200 hrs for GSI only, many more for City staff) • Visiting potential sites (1-2 days) until final site • Coordinating with the City for information, status and coordination • Meeting with project manager on follow up visits (at least a dozen visits) • Weekly phone calls and emails with client • Meeting with contractors for bids ( 1-2 days) • Meeting and coordination with rail representatives ■ Strong relationship with GSI is vital for successful recruitment in the City ■ We estimate GSI spent approximately 100 hours with Project Rail in 2016, the value for the City is $10,000 per year (100 hrs at $100/hr). This is does not including other recruitment activities such as recruitment efforts for other businesses, trade missions, attendance to trade shows, website, publications. The City's contract cost for this task is $20,000. Spokane _Valley 10 Lobbying Services ■ Develop State and Federal Legislative Agenda to advocate in transportation, education, healthcare ■ One lobbyist in Olympia for pro-business initiatives • Worker's compensation regulations • Reinstatement of Business and Occupation (B&O) tax credit ■ Federal lobbyist in DC to help advance community initiatives • Bridging the Valley projects in 2016 ■ Exposure to City projects at the state and federal level important to receive funding for key projects ■ GSI provides these services at no cost to the City Spokane _Valley 11 International Trade Program ■ Provides training ■ Hosted 3 trade events with roundtables and educational sessions ■ Assisted 6 Spokane Valley companies explore new market and exporting (1St half of 2016) • Industry sector info • Advice on distribution and incentives • Connected with contacts in Asia and experts of wood products • Connected with technical translator • Provided information about available grants ■ GSI provides these services at a cost of $7,500 to the City. Spokane _Valley 12 Government Contracting • Provides the tools to expand and grow by securing government contracts • Counseling and certification for government contracting • Assistance with bids and proposals (1St half of 2016) • Seven Spokane Valley companies reported $3Million in government contracts • Counseled over 200 regional businesses on certification and bidding assistance • Five educational events • GSI provides these services at cost of $3,000 to the City. Spokane _Valley 13 Startup Spokane Assistance ■ Connect individuals with resources, information, financing, and workspace to pursue their idea, launch, and grow new companies and jobs. ■ Mentoring, resources, connections, startup space at low cost or free of charge, training (first half of 2016) • 36 startups assisted with space, resources, connections and information • 32 events for entrepreneurs with over 800 attendees total ■ GSI provides these services at cost of $2,500 to the City. Spokane _Valley 14 Summary ■ Proposed 2017 Budget - $43,000 for GSI Contract ^' 0.40 City FTE ■ GSI provides a wide range of services, expertise and connections that would require multiple City staff to replace ■ ED staff could not replace GSI's service at current level of staff resources by increasing ED budget by $43,000 ■ Can not replicate GSI's ADO designation or lobbying services ■ Strong relationship with GSI and renewal of their contract is imperative to achieve City's economic development goals Spokane _Valley 15 Recommendations ■ Staff strongly recommends to continue to contract with GSI in 2017 Spokane _Valley Visit Spokane March 2016 16 Spokane jValley 17 AGREEMENT FOR PROFESSIONAL SERVICES Greater Spokane Incorporated THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Greater Spokane Incorporated (GSI), hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services and material to satisfactorily complete the attached Scope of Services. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule and date of completion, The Scope of Services is attached hereto as Exhibit 1. Upon notice from the City Manager or designee, Consultant shall continence work, perform the requested tasks in the Scope of Services, stop work and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient compensation for its timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution on January 1, 2016 and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 3 1, 2016, unless the time for performance is extended in writing by the Parties, Agreement far Professional Services Page 1 of 6 The City may, solely at its option, extend the agreement for up to three additional one year terms, which will commence on or about January 1 of each year and end on December 31 of that year. The total duration of the agreement shall not exceed four years. The City shall make a determination to enter into an extension and provide notice of its intent to enter into an extension to the Contractor in writing at least 30 days prior to December 31 of each year. Either Party may terminate this Agreement for material breach after providing the other Party with at least ten days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by ten days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant on a time and material basis in accordance with the attached Scope of Services and fee schedule (Exhibit 2), not to exceed $43,000. Consultant shall not perform any extra, further or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below stated address. City reserves the right to withhold payment under this Agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City CIerk Phone: (509) 921-1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 Name: Greater Spokane Incorporate, Robin Toth Phone: (509) 321-3636 Address: 801 West Riverside, Suite 100 Spokane, WA 99201 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction documents, and services shall confirm to all federal, state and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against thein for cornrnission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Agreement for Professional Services Page 2 of 6 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8, Relationship of the Parties. It is understood, agreed and declared that Consultant shall he an independent contractor, and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. 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, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant 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 Consultant, its agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. City shall be named as an insured under Consultant's commercial general liability insurance policy with respect to the work performed for the Agreement for Professional Services Page 3 of 6 City. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: I. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Consultant'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 Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreetnent. 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. Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 12. Indemnification and Hold Harmless. Consultant 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 wrongful or negligent acts, errors or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant'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 sole negligence of City or City's agents or employees. Agreement for Professional Services Page 4 of 6 Consultant's duty to defend, indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant, Consultant's agents, subcontractors, subconsultants and employees. Consultant'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 expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indenuufication 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 Consultant's waiver of immunity under this provision extends only to claims against Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13. Waiver. No officer, employee, agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time to time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes bet -ween City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s) decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). Agreement for Professional Services Page 5 of 6 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the Parties hereto. 20. 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 value from any person with an interest in this Agreement. 2I. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business. 22. 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. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Services 2. Insurance Certificates The Parties have executed this Agreement thiPay of CITY OF SPOKANE VALLEY Mike Jackson, I 1 Manager ATT S ristine Bainbridge, City Clerk 9,er ,205. Consultant: s: A tho ' - d Representative APPROVED AS -' : ORM: �. / viwer4tiv Office yf'the City y Agreement for Professional Services Page 6 of 6 Exhibit 1 Scope of Services—Greater Spokane Incorporated Greater Spokane incorporated (GSI) and the City of Spokane Valley (the City) are both interested in driving economic development activities in Spokane Valley For purposes of this Scope of Work, GS1 proposes to do the following activities. Task 1 — Coordination with the City A. GSI and the City shall meet on a monthly basis to review current status of the scope of work, future opportunities and other activities that might be helpful for the City, and any changes or requests from the City concerning economic development activities. B. GSI shall collaborate on maintaining an inventory of sites available for development to assist with selection and development. C. GSI shall coordinate outreach to brokerage and property management companies to introduce regional site selector and assist with the development of a business inventory D. Through its own Community and Economic Development Department, the City will pursue recruitment, retention and other economic development leads initiated by staff or business entities Task 2 - Reporting A. GSI shall submit a quarterly invoice to the City for economic development reimbursement, using the required forms for reimbursement. B. GSI shall prepare an annual report that summarizes accomplishments through the year and accurately quantifies the economic impacts to the City of their efforts in the following areas:: o Educational opportunities and events hosted and number of City businesses in attendance; o Jobs created in the City; o Businesses visited in the City; and o Business recruited to the City. Task 3 - Outbound Business Recruitment A. GSI shall target site selectors, corporate brokers, and top prospects for industries that are best fits for the City: o Advanced Manufacturing o Aerospace o Distribution and Logistics o Health and/or Life Sciences o Clean Technology o Information Technology o Professional and Business Services o Retail B. When a Request for Properties is requested, GSI shall contact the City to get information regarding properties that meet the client's needs. C. When a client informs GSI that they are considering the City, GSI shall contact the City so that more information can be obtained to enhance the City's competitiveness. D. GSI shall include the City of Spokane Valley in recruitment visits when authorized by the client, or when a non -disclosure agreement is released. E. When a client is considering the City and when requested by the City, GSI shall calculate the economic impact of the prospective business for the City to evaluate potential incentives or infrastructure investments. F. GSI shall participate on the Committee for the development of retail recruitment strategy to be hosted by the City in 2015. Task 4 - Business Retention and Expansion A. GSI shall contact 75 existing City businesses and/or their headquarter locations to identify growth and expansion issues. B. GSI shall invite designated City staff to attend business retention and expansion meetings in the City with GSI industry managers. These will be scheduled by the industry managers in coordination with individual companies. There are anticipated to be up to 20 unique visits per year. C. GSI shall document company needs, issues related to growth and expansion, etc., on a form to be designed by GSI and approved by the City, and uploaded to GSI's Client Relationship Management (CRM) system. D. If there are zoning, building, or infrastructure issues that come up in these meetings, those issues will be shared on a timely basis with the City. E. GSI shall provide any additional assistance and connections to available resources to the individual companies. F. GSI shall assist the City in developing a list of the top companies in the City in each of the key industries of the region, as well as their supporting industries, to give the City a better understanding of its industries. The key industries are identified as aerospace, advanced manufacturing, and health sciences. Task 5 - International Trade A. GSI shall contact at least 10 existing City businesses to determine gaps or to educate about international trade opportunities. B. GSI shall invite designated City staff to attend meetings in the City with GSI industry managers. These will be scheduled by the industry managers in coordination with individual companies. There are anticipated to be up to 10 unique visits per year. C. GSI shall notify the City if there are any other business issues that arrive during these contacts which are reasonably likely to be of interest to the City. D. GSI shall hold at least four international trade events each year, and include the City as an invitee, Task 6 - Entrepreneur Support A. GSI, through its Startup Spokane program, shall provide connections and resources to entrepreneurs and startups in the City. B. GSI shall also provide opportunities for attendance at a number of events for entrepreneurs and startups in the City. C, GSI shall provide the City with a regional asset map and online directory of entrepreneurship programs. D. GSI shall include designated City staff on entrepreneur efforts in the City. E. GSI shall investigate potential incubator location options within City limits to foster establishment of businesses within the City. Task 7 - Government Contracting A. GSI's Procurement Technical Assistance Center (PTAC) program shall provide government contracting and education to companies in the City. B. GSI's PTAC program shall provide one-on-one counseling to companies in the City and shall document and report on the City companies which receive counseling. The counseling sessions shall be documented in the reports to the City. C. GSI shall include designated City staff on PTAC efforts in the City. Task 8 - Lobbying Services: A. GSI's Public Policy Team shall coordinate state, federal, and regional lobbying tasks as related to this contract with the City's Community and Economic Development Director..(GSI is not intended to be the sole provider of lobbying activities for the City). B. City will present the City's lobbying priorities and goals during the GSI annual public policy agenda development process. The City and GSI will coordinate on dates and times for the submission of priority requests. City priorities, adopted by consensus of the public policy committee, will be lobbied by GSI staff, volunteers and contract lobbyists. C. The City shall be invited to participate in the committees) making policy decisions for GSI. D. GSI shall actively advocate on behalf of the City during lobbying efforts so the City benefits from federal and state initiatives resulting from revisions to legislation, such as reauthorization of transportation bills. City will identify the federal and state initiatives and to what extent GSI will advocate on its behalf. E. GSI shall advise and assist the City in identifying: • Federal and state funding and programs that support economic development, transportation, public safety, and other goals and priorities of the City. • Current or emerging federal/state legislation, regulation, or budget changes that impact the City positively or negatively. Provide recommendations as needed to the City on reasonable policy options. F. The City desires to support GSI's efforts with local legislators. GSI will enlist the City for support when the opportunity arises. Task 9 - Studies initiated by GSI GSI regularly contracts with consultants for economic development studies. GSI agrees that the City shall be an active participant of all studies conducted on behalf of GSI that are likely to affect or impact the City, whether directly or indirectly. A. The City shall be provided an opportunity to elect to participate in any GSI studies that specifically target economic development. B, The City shall have an opportunity to participate in the development of studies as much as practicable to help ensure meaningful results. C. The City shall have an opportunity to review and comment on all drafts of these studies before they are finalized. Exhibit 2 GSI Fee Schedule Task Number Activity Number of Annual Hours Hourly Rate Total Task 1 Coordination with the City No Charge Task 2 Reporting to the City No Charge Task 3 Outbound Business Recruitment 200 $100 $20,000 Task 4 Business Retention and Expansion 100 $100 $10,000 Task 5 International Trade 75 $100 7,500 Task 6 Entrepreneur Support 25 $100 2,500 Task 7 Contracting Assistance 30 $100 $3,000 Task 8 Lobbying Services No Charge Task 9 Studies initiated by GSI TBD Total 430 hours $43,000 3 Incorporated Create Something Greater Adopted on 9/26/2016 VISION A vibrant Spokane region where businesses and communities thrive We lead transformative business and community initiatives to build a robust regional economy VALUES COLLABORATION: We are inclusive and welcome a diversity ©f perspectives that reflect the aspirations of our community. INNOVATION: We are resourceful and creative, and strive for intentional progress in all that we do. RESPECT: We foster mutually respectful relationships between members, our partners and the community. Greater Spokane Incorporated Create Something Greater Your Regional Business Development Organization FM yi otiw :e ^d +e;�ar: VAihi i _-Yy. :sl, �i acatio Cc ni I a is list these Top ti;cil),Selection Factors w', en vetting locations far business expansion and relocation. TOP1Qr-,i SELECTIO I �, ORS Availability o led Labor Highway Accessibility Quality of Lite Occupancy or Construction,:Costs Availab dings ' Labor Costs Corporate Tax Rate,' State and Local ;Regulations Proximi to Maj a iliiII St .'.(.:-,411 Local 1 `i Vi-40oT Greater Spokane Incorporated (GSI) is the largest business development organization in the Spokane region. GSI works to create something greater by connecting businesses to valuable relationships and resources, driving initiatives to improve our region, and advocating for business with a unified voice. 051 convenes, coordinates, facilitates and leads economic development efforts that: • Drive the creation of a highly skilled workforce that meets the future needs of employers; • Increase the number of jobs; • Grow our residents' average household income; • Support innovation through the creation and growth of entrepreneurship and business start --ups; • Expand area businesses through increased access to information and resources that will lead to greater customer exposure and greater success; • Attract job -creating entities from outside our region; and • Improve the fiscal health of our communities through increased commerce leading to increased tax revenues. Greater Spokane Incorporated achieves this for our community by concentrating on the following , g ;: areas of focus - the Greater Spokane 7. The first three Foundational Strategies mus be in place to successfully pursue the four Priority Strategies for all industry sectors. ACHIEVE Create and retain a GREATER talent pool of skilled workers who drive innovation and productivity to meet the needs of employers throughout the region, recognizing that education grows economies. GOALS: • Partner with P-12, Higher Education, business and community organizations to ensure education alignment and training meet the current and future needs of employers. • Expose students to high-growth, high -demand fields, with a focus on building Science, Technology, Engineering, Math, Leadership, Critical Thinking, Problem -solving and Team Work skills. • Increase the post -secondary education attainment rate with a focus on the incumbent workforce. • Expand the skilled workforce through career connected learning experiences including Teaching the Teachers, Business Afterschool, and robotics. • Advocate at the local, state and federal levels to create a robust environment for workforce and talent development. N[WOCA7E Provide a GREATER voice on behalf of employers and the community at the local, state and federal level. GOALS: Advocate for key community initiatives and priorities for our region by delivering a unified vision and voice at the local, state, and federal level. • Build a framework for the development and execution of local advocacy efforts. • Convene and facilitate a dialogue amongst the employer community to develop a unified legislative agenda at the local, state and federal levels. • Advocate on behalf of employers, for supportive legislation and regulations that enhance the health and success of the business community. • Support legislation and policies that provide a reasonable balance between business growth and quality of place. f ul 1oro1iis(/;: X f/cjnilikliii I01'4441....(6)0114.0.l070Xo t9„1©1a.1>IE (-41o1(©?I.tcJ.o1it')(J).iir(gtlim(WI_Ga lit ifw) e �fpl�1Y/ : > n� � ��0).0fi R> 1 �0)co N 1)111 Col 0 � 4- all r 1 16):A>w 7��r�cfl �� 00-011 " lid' HP/ 1nl`olln]rTCe ft Oil' ikiVEtwtc1 1Q g I obtt1g kil tWlih 3cu1104116toJ1i0dltr.(1( ® '`( Pil0C *: o` 1Fl1 1Aloi I C OiW)UA . llat 3f+i4k/"alr,to1 iulo�®"°1 ' 'Ifof= �l ci '©'I idler®llA 0�1A# i9L1�1197ia1f(Q)IfYc a p �Ir11�L®t �T i��A1 �8j (l6Ji -iib[ IIC �]Ti�gl dd lolloJiil. I=ial 0(pii piril6-tjwiwi of rtOlr,ini lidomi-t- ooxiirl ®;o]aiki3o° irookoo,01-a40,1i(4 1�011104dR t tOa1i aC i (0,-0 d li41 °i91=ik5Oti_al1it 4df)darr nr ,w jie)ct. s� t rata fit Lor 1I if r�lurl�nt r, +iin�lolo)psk�F c,F arelllaft 1ajr F IIIA:aJ I , :fl jclt4:t (�vliimlrc = i��l fai? ()Do/,ra l loC f�a ; rl►�Ct�c t`ir 1i thelol.Y.tzriU ciiloi " olt-)lil'd[41 'oh i4in�®Ts7w f lhibi �®l��o l = �fpJ6�i�� (r� ;lif ofalt=��i©�9�7C1A ®l (9 jii �ie7ljr i fl.]tiol e3 l-0Ko)'Ai©t'`c1p.i ,dojoi1 I Ito) r4'14o6-wte PRIORITY STRATEGIES Our Priority Strategies focus on driving the success of businesses throughout all key stages of business development. • Identify and communicate best practices for community-based entrepreneurs, startups, and small:,,,' business developme e • Connect entrepreneurs and students to people, programs, and community resources o ensure they have the necessary tools to succeed.; • Create a regional entrepreneurial consortium to develop, expand, and support startup activity. • Provide an entrepreneurial incubator location that serves as a space for entrepreneurs to collaborate and have access to business support services and networks. L;_, • Identify and assist in opportunities to boost commercialization, resulting in increased business creations and/or licensed products. -1n14! Create a healthier business climate where existing bu GOALS: • identify, communicate, and address opportunities and threats businesses face for continued operations in the region. • Advocate for the region's military and defense industries to ensure their economic contribution is maintained and recognized. • Improve the communication of company retention to all invested partners_ • Expand outreach program to municipal partners regarding important issues businesses are experiencing, with the local regulatory environment in order to help guide informed legislative decisions.. a, Provide GREATER visibility of the Spokane region through enhanced marketing and attraction efforts to strategic industry targets interested in relocating or expanding. GOALS: • Attract high growth companies that improve and enhance regional supply chains in targeted industries that achieve the objectives of the region. • Target marketing and recruitment efforts on those industries that augment the assets present in the Spokane region and further grow those industries. • Enhance outbound marketing programs in targeted regions and sectors to accelerate growth of recruitment pipeline, leading to increased success in attracting new companies and family -wage jobs. • Continue recruitment programs with economic development partners that are committed to growing industry sectors statewide through advocacy, education and infrastructure investments and competitive business policies and incentives. Greater Spokane Incorporated "Creating Something GREATER" for businesses and our community, HOW IT ALL FITS! VISION/MISSION STATEMENTS "We lead transformative business & community initiatives to build a robust regional economy" STRATEGIC PLAN The Strategies and Goals to advance our MissionNision "The Greater Spokane 7" KEY COMMUNITY INITIATIVES Transformation action items that advance our goals - the pillars of the Work Plan WORK PLAN The specific action items that Greater Spokane Incorporated will pursue in the next 12-24 months to advance our Goals Your Regional Business Development Organization KEY COMMUNITY 11110TDATIIVIES VISION 2030 - GROW A HEALTHY LIFE SCIENCES INDUSTRY GSI is working to create robust life sciences industry growth and an annual economic impact of more than $1.7 billion and more than 9,000 jobs for our region by 2030. This initiative, led by GSI in partnership with business, health care, and education sectors, includes the expansion of world-class health and medical sciences education, the creation of,' a health care and life sciences industry hub, and has the ability to transform our local economy by building on ou community's largest economic driver - health care GROW EDUCATION ATTAINMENT Our region and the nation are facing a shortage of qualified and skilled workers. GSI is dedicated to improving the education attainment of our region by increasing the proportion of residents in Spokane County with high-quality, high -de- mand degrees, certificates or credentials from 40% to 60% by 2025. With a focus on career awareness, STEM, and the working adult student, we mobilize business, education, and community partners to strengthen the talent pipeline, from cradle to career. :1^c (i1,1 c„ti it I`!. ,..t 'I'';! 16:: L C f; it, -.1i trr1t}b1,ti,i, lfcirl` ,1!_t/ l• 'II/is f't 1'i'11aI;'ut l:1/1/y. Itti, It./11t l:r' d;l 1.1.••I1:1„ i;sClr,ll I:: ,L.1, • II.I, : •I v:1;1 t ,.}t1�.1 4 -t` J,t'Ici r'. f11ttI_at., PROTECT AND GROW MILITARY JOBS, OPERATIONS, AND INFRASTRUCTURE In the 1940s, Spokane business leaders donated the land for what ultimately has become Fairchild Air Force Base. GSI is working to support our military, military personnel, and civilian contractors by advocating for the current and future mission priorities of Fairchild Air Force Base and other military operations in the region. With a roster of close to 6,000 employees, Fairchild Air Force Base is the largest single -site employer in Eastern Washington. ig��14.Vllill� JI l C'3(ct=1 {:1(«!' /1 1'/ (1 1r, 1.:I-1- N 1'1 t1 1 I'. , I,y,!..I1I•IirII 1':Cl:ii .,1 1/:1' 'I-_ !Ii ,'i-. .n 1'Is' 1' :i' I 1 1 'Il !.•!••!-,! .I,,I. ! i'1.-1'Ir:1i )r'r1.7rti'cti iflir;l'1 i ;:,.1, :Irc • II'5i,Ic::—,-1';:l1,i-I I' it-, t 1' i`1"1;;I I.1'`1.!'1 .i.� ,ill, - ;1,1, "i!., IP,I'"'fl-I( :1-1'I 1., r�1c'1'1V 1 i'!1_Y 1-tt, iz?.1,iilli") I e:.l'!rll I_ ;1:.-! ,,i 1 ., I.1.: I.h !!:! f.-y:l.i:!t) .I` ,i t,-!' I: i•:: ;:I(,:vttll(( t•-!,.11.!-1.1' 1 1'Ifr t ..1,t -i !t-1-1. 1},. ,, itiri¢Irttt, .1.i' i_], I,'.: I `i I' .I - t1'; t Irlt!,-) t, .i, lil n -1' I' !t 'I' ;`i,ti, Sci-' 1 1:1 Ir: ".li' '1-I;'i '0; 'i: : 1-1 : 509.624.1393 1 GreaterSpokane.org 1 801VVRiverside Ave Suite 1OO 1 Spokane WA 99201 y TABLE A ADO Business Plan Reporting Obligations 2015-2017 Biennium County: Spokane ADO Name: Greater Spokane Inc. Contact: Robin Toth 1. Direct assistance, including business planning, to companies throughout the county who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance must comply with business recruitment and retention protocols established in RCW 43.330.062, and includes: Working with the appropriate partners throughout the county including, but not limited to, local governments, workforce development councils, port districts, community and technical colleges and higher education institutions, export assistance providers, impact Washington, the Washington state quality award council, small business assistance programs, innovation partnership zones, and other federal, state, and local programs to facilitate the alignment of planning efforts and the seamless delivery of business support services within the entire county. Describe how you plan to facilitate the alignment of planning efforts and the delivery of business support services within the entire county. Greater Spokane Incorporated is the regional chamber of commerce and economic development council. We have a sixty member board of directors that represents the partners mentioned above, and they are very engaged and participatory in our core objectives or workforce and education, advocacy and economic development activities. We believe this is the three- legged stool that helps drive new jobs and business investments in Spokane County. Without all three elements, success is not as predictable. We utilize a multi -pronged approach to direct business assistance. • Development of the county's annual Comprehensive Economic Development Strategy with input and alignment from community stakeholders • Strong relationships with our local governments to drive change which encourages business growth • Development of strong knowledge in our targeted industries • Investments in prospecting databases and tool sets • Targeted outreach to industries in certain geographic locations • Participation in trade events and missions • Advertisements in industry publications • Engagements with consultants to perfect messaging and business case scenarios • Multiple websites with critical information, property details and demographics that companies require to be successful in their relocation or expansion • Assistance with tours and visits to our area, which comprise meetings with the above noted organizations • Local visitations with existing companies to determine growth or retention needs • Support and resources to companies that are interested in exporting • Support and resources to individuals and groups that are interested in starting a business • Support, education and resources to companies and individuals that are interested in participating in government contracting • Membership and board roles in industry and economic development associations within and outside Washington state 17 Providing information on state and local permitting processes, tax issues, export assistance, and other essential information for operating, expanding, or locating a business in Washington. Describe how this information will be provided. Greater Spokane Incorporated has developed several websites that are utilized by business to find this information. They are: • www.greaterspokane.orq • www.advantagespokane.com • www.selectspokane.com. • www.startupspokane.com These are the premier tools in our area for companies that are looking for insight into the above issues. There are also direct links to local government sites on these websites as well. Each website is designed for ease in contacting the local resources in the case that questions arise after reviewing all of the available information. For information at the state level, we refer questions to the state agencies such as Department of Commerce, Department of Revenue, Office of Regulatory Assistance, etc. Marketing Marketing Washington and local areas as excellent locations to expand or relocate a business and positioning Washington as a globally competitive place to grow business, which may include developing and executing regional plans to attract companies from out of state. Describe how you will market Washington and local areas to expand or relocate businesses and positioning Washington as a globally competitive place to grow business. Greater Spokane Incorporated has developed several websites that are utilized to market the local communities and the state of Washington. They are: • www.preaterspokane.org • www.advantagespokane.com • www.selectspokane.com • www.startupspokane.com Section one describes all of the tools that we use to validate our business plan and to market to companies that may be looking to expand or make a move to Washington. We also utilize all of the rankings and accolades received by the state and the county as an opportunity for companies to consider a move or a regional operation in Spokane and in Washington state. Recently we engaged with the Puget Sound Regional Council to apply for a grant for an Investment in Manufacturing Communities. We were successful in receiving a designation for aerospace manufacturing centered on the 15 and 190 corridors. In addition, we partner with the Department of Commerce on trade missions in Washington and internationally where we are promoting the state as well as our own area. We participate in many statewide organizations as we feel this lends credibility to our position as an economic development organization. Each organization has strengths and assets that help to define Washington state as a great place to do business. 18 Working with businesses on site location and selection assistance. Describe how you will work with businesses on site location and selection assistance. Greater Spokane Incorporated manages both outbound and inbound site selection projects. Through our outreach program, we contact more than 1800 companies each year to market and promote our area. A percentage of these companies are interested in traveling to our area to learn more about business operations and assets that can help them grow their business. There may also be proximity to certain industries that drive that decision as well. We assist them in locating transportation and hotel amenities, scheduling meetings with local suppliers, workforce and education institutions, real estate contacts and other needs to help them be successful on their trip to Spokane County. We receive regular inbound requests from companies and or site selectors that are performing due diligence on projects. These requests are typically confidential and GSI will engage in an NDA, Again, we would do the same thing as mentioned above, with accommodations/lodging, meeting setups, transportation needs, local supplier meetings and workforce development queries. Once the project is on a shortlist, the company is typically interested in incentives. GSI works with all stakeholders to develop a portfolio of incentives that can be helpful in the company's decision making. These can include local and state incentives that are available to certain industries. In addition, we have a group of local utilities that are interested in helping drive investments by factoring future contracts in exchange for some waivers of general facility fees. We typically will call upon the Department of Commerce to assist us with workforce training dollars if they are available for the company industry. Other opportunities may come directly from the state Department of Commerce to respond to an RFP. The department is targeted about sending these out to counties that have the right extrastructure and infrastructure — we respond to these requests more than 95% of the time. In the event that we do not have the right combination of sites and workforce, we may decline. Providing business retention and expansion services throughout the county. Such services must include, but are not limited to, business outreach and monitoring efforts to identify and address challenges and opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the federal trade adjustment assistance for firms program, and the provision of information to businesses on: • Resources available for microenterprise development; • Resources available on the revitalization of commercial districts; • The opportunity to maintain jobs through shared work programs authorized under chapter 50.60 RCW Describe how you will provide business retention and expansion services throughout the county. Greater Spokane Incorporated industry managers have a combined goal of meeting with more than 400 companies each year. This opportunity allows them to quickly ascertain whether a company has growth issues or growth potential, workforce needs, training opportunities, etc. In addition, we also offer services to companies that are looking at exporting as a growth strategy. We have a fulltime industry manager that focuses on connecting local companies to new international markets and to exporting resources. Also, we recently began a program for entrepreneurs and startups that provides co -working space, events, networking opportunities and connections to resources. This is a fulltime industry manager that has been so successful that the co - working space is too small, and we are moving to a space more than three times the size to accommodate the interest in this area. GSI is also the organization that supports the Procurement Technical Assistance Center in Eastern Washington. This role assists local companies with education and certification to enable them to respond to contracting opportunities at the local, state and federal levels. This is one of the most successful PTACs in Washington. For revitalization of commercial districts, we refer companies to the municipal partners who typically have this role. Shared work programs are typically handled by local ESDs and again referrals are made to those experts. 19 Participating in economic development system -wide discussions regarding gaps in business start-up assistance in Washington. Describe how you will address gaps in business start-up assistance. As mentioned above, we have implemented a startup/entrepreneur program here at GSI. While it is focused on Spokane County now, there are plans to make Spokane a regional hub, supporting outlying rural counties. This is a focus of a partnership between GSI, Avista and the Department of Commerce, along with other ADOs in Eastern Washington. We know that there are any number of needs that entrepreneurs may have in starting a business. The formation of this team will help drive success and additional resources as we continue efforts to grow the economy through traditional economic development activities, and also the addition of economic gardening. Providing or facilitating the provision of export assistance through workshops or one-on-one assistance. Describe how you will facilitate export assistance. As mentioned above, we have an industry manager that is focused on international trade and exporting. This individual is responsible for helping companies consider new to export initiatives, as well as assisting current exporters in breaking into new markets. We host one-on-one meetings, in addition to workshops held every other month targeted at educating local companies and our legislators on the nuances of exporting. Advocacy at both the federal and state level is needed to keep and grow the programs that are important to exporters,. Many people have become, understandably, hesitant about investigating exporting as a revenue stream. We appreciate the state helping us tell this message. 2. Support for regional economic research and regional planning efforts to implement target industry sector strategies and other economic development strategies, including cluster -based strategies. Research and planning efforts should support increased living standards and increased foreign direct investment, and be aligned with the statewide economic development strategy. Regional associate development organizations retain their independence to address local concerns and goals. Activities include: Participating in regional planning efforts with workforce development councils involving coordinated strategies around workforce development and economic development policies and programs. Coordinated planning efforts must include, but not be limited to, assistance to industry clusters in the region. Describe how you will participate in regional planning efforts with the Workforce Development Councils. GSI has a board seat on the Spokane Area Workforce Development Council as an advisor about local workforce needs. We also are part of the team, along with the WDC, that meets monthly with the Employment Security Department to learn about growth and contractions in various industry clusters. As part of our business retention, expansion and assistance program, we query local companies about their workforce needs and provide feedback to the SAWDC so that they are aware of gaps in the system. When working with potential recruits and/or local companies, we may learn about training opportunities that are necessary to take the company to the next level in response to customer or industry growth. We contact the WDC and the Department of Commerce to tap into the training programs which might be most beneficial to the company. The WDC is a traditional part of many client visits to Spokane as they provide a wealth of information about existing workforce and opportunities to connect to programs. 20 Participating with the state board for community and technical colleges as created in RCW 28B.50.050, and any community and technical colleges in the coordination of the job skills training program and the customized training program within its region. Describe how you will participate with the SBCTC and any community technical colleges regarding job skills and customized training programs. The Chancellor for the Community Colleges of Spokane is the incoming chair of Greater Spokane Incorporated, and the economic development team has regular interaction with their staff throughout our economic development activities, They are important to recruiting and retaining companies, and they also are stakeholders in entrepreneurship and the international marketplace. We believe that we leverage our partnership through many of the job skills programs and the customer training programs, in addition to the new Work Start program which allows flexibility for companies that are new to the area and those that make their home here. Participate in development of a countywide economic development plan in conjunction with other governmental jurisdictions and institutions. Describe how your economic development plan compliments other governmental jurisdictions and institutions. As mentioned above, Greater Spokane Incorporated is responsible to update the annual Comprehensive Economic Development Strategy for Spokane County. We work with a group of informed stakeholders who assist in updating the pertinent information and also submit projects that will help drive economic growth in our region. 21 TABLE B ADO — Performance Measures Targets 2015-2017 Biennium Grant Scope of Work County: Spokane ADO Name: Greater Spokane Inc. 1. RECRUITMENT& MARKETING ACTIVITIES Recruitment & Marketing - Business attraction (recruitment and marketing) is a means of contributing to the economic vitality of the community to enhance and diversify the local tax base, to increase the number of jobs available to residents in the community, and to improve the local quality of life. For communities to maintain and boost their economic vitality, they must persuade businesses or investors to locate, expand or remain in the area rather than in a competing location. Economic development marketing and attraction is not just selling business sites or attracting businesses, it is a means of promoting the community as a viable location for economic activity. Marketing techniques to reach targeted audience and attract potential investors could include advertising (e.g., electronic media, mailings, catalogs, magazine or news inserts or supplements, directories, billboards, broadcasts (radio, television commercials, online advertising)); publicity (e.g., press kits, public official speeches, news releases, public relations); promotional materials (e.g., trade exhibits, economic development newsletters, slide and video presentations, brochures, fact books, websites); direct mail (e.g., letters, e-mail, postcards, brochures); personal selling (e.g., trade fairs, trade shows, business envoys, events); email (e.g., electronic newsletters, event invitations, announcements, links to your website for prospects); social media (e.g., Facebook Linkedln) Performance Measure Targets (A) FY 16 Performance Measure Targets (B) FY 17 • Number of businesses contacts initiated, site selector contacts initiated and trade shows attended. Definition: The contacts should be unique or first-time contacts during the grant year. Follow-up or repeat contacts throughout the year should not be included in the count. Web site hits should not be included in the count. Business contacts - 1800 Site selector contacts - 3300 Trade Shows Attended - 4 5,104 5,104 • Current Marketing Outline with work items and timelines on file? 1 1 22 2. BUSINESS RETENTION & EXPANSION ACTIVITIES: Retention & Expansion - Business retention and expansion (BRE) is a core program of any economic development plan. These programs are designed to 1) retain or keep existing businesses in the community; and 2) provide assistance for businesses to expand. Retention and expansion programs can be implemented at the local, regional and state levels in a variety of ways. Some programs might focus on central business districts in downtown areas or on the commercial and industrial areas where many small and medium-sized firms comprise a large portion of the employment base. Other may focus on allocating resources to support specific industry or channeling resources to support economic diversification strategies. Performance Measure Targets (A) FY16 Performance Measure Targets (B) FY17 • Number of outreach interactions initiated with existing businesses such as phone calls, site visits, or surveys. 400 400 • Number of follow-up interactions initiated with existing businesses. 50 50 3. BUSINESS ASSISTANCE Business Assistance (including start-ups) - Small and emerging businesses generate wealth and provide significant source of employment in today's high technology global economy. They stimulate job creation, develop crucial innovations in both products and services, and diversify the economic base. It is critical that communities' economic development strategies dedicate resources to developing and promoting new business start-ups and establishing effective support systems so these new businesses can grow successfully. A community that meets the needs of its entrepreneurs increases its chances of job growth within small businesses, and those gains translate into a more vibrant community. Performance Measure Targets (A) FY16 Performance Measure Targets (B) FY17 • Number of businesses requesting assistance. 50 50 • Number of follow-up interactions with businesses. 40 40 23 4. READINESS & CAPACITY BUILDING Readiness & Capacity Building - The purpose of readiness and capacity building is to raise the living standards and to improve the quality of life for all citizens in a community. It is a comprehensive iniative to improve all aspects of a community's interdependent human infrastructure, social infrastructure and physical infrastructure. It seeks to build initiatives around shared values, opportunities, problems, threats and concerns. Positive change begins with creating shared vision that can be transformed into reality by goals, objectives and action plans. It encourages leaders to avoid conflicts of interest, seek consensus and disengage from activities that might benefit one group or individual at the expense of others. It also involves consensus building that looks for the best solutions rather than politically expedient or popular. It is directed towards increasing a community's leadership capacity for solving problems. Leaders in community initiatives are shared so that responsibility and commitments are encouraged among broad base of the population. Leaders work to transform their communities for the better and inspire others to do the same. It is an educational process that helps citizen to understand the economic, social, political, environmental and psychological aspects of various solutions. Readiness and capacity building is focused on action that improves communities by transforming learning into performance. Performance Measure Targets (A) FY16 Performance Measure Targets (B) FY17 • Number of engagements with other organization and local governments to increase community assets/capacity. Definition: This counts meetings, events, and contacts with other groups and individuals where the purpose is to increase the community's ability to grow and prosper economically. 50 50 • Number of activities involved in within the community. Definition: This counts fairs, parades, global entrepreneur week, business plan competitions, farmer's markets, seminars, and other structured activities involving the community which the ADO is involved in planning, organizing sponsoring or co- sponsoring. 25 25 24 TABLE C ADO — Required Metrics 2015-2017 Biennium Grant Scope of Work County: Spokane ADO Name: Greater Spokane Inc. Contact: Robin Toth Required Metrics — Results Washington and/or Legislative Reporting via Salesforce ADO Portal Each project/business will be identified and described in the reporting table. Reporting table will have 'drop down' selections to delineate between type of project (e.g. recruitment, retention, expansion, start-ups). Commerce will tally totals to report aggregate metrics for the following: • Number of businesses sited, retained, expanded, or startups • Number of jobs created • Number of jobs retained • Amount of investment generated • Average annual wage of created jobs (in dollars) • Amount of new state tax dollars generated Performance measure targets and projects will be entered into the Sales Force portal quarterly by the following dates: October 15, 2015 January 15, 2016 April 15, 2016 July 7, 2016 October 15, 2016 January 15, 2017 April 15, 2017 July 7, 2017 25 Chris Bainbridge From: Todd Mielke <TMielke@greaterspokane.org> Sent: Tuesday, September 27, 2016 11:25 AM To: John Hohman; Gloria Mantz Cc: Robin Toth; Wendy Smith; Jan King; Alisha Benson Subject: Spokane Valley GSI Budget Questions Attachments: Responses to Questions from John Hohman.docx Hi John and Gloria, Attached please find the responses to questions you had posed a couple of weeks ago, and that we discussed at our meeting last week. They pertain to the finances of GSI. It seems there still appears to be some confusion from Councilman Pace that we are two separate organizations (a chamber and edc) and that we have two separate budgets. That is not the case. We are an integrated business development organization, with one budget, solely focused on supporting existing and future business in our Greater Spokane community. You should also be receiving from Wendy a copy of a PowerPoint that I developed as an overview of Greater Spokane Incorporated. Please note the comments attached to each slide for explanation purposes. Finally, I want to mention that GSI adjusted its 13y -Laws earlier this summer pertaining to ex -officio members of our Board, specifically the governmental entities. Previously, the By -Laws were very specific as to which municipalities could serve on our Board, regardless of whether they were investors. For example, if the City of Spokane withdrew its investment in GSI, their mayor would still automatically have a seat on the board. Additionally, the By -Laws stated that Liberty Lake and Cheney were to alternate years on the Board, even though they invested the same amount each year. We also had other jurisdictions like Airway Heights interested in serving on our Board with no pathway to get there. The newer By -Laws state that any municipality within Spokane County that invests at the "Chairman's Circle" amount or more ($10,250), would be entitled to have their mayor serve as an ex -officio position on the Board. The same language applies to the Chairman of the Board of County Commissioners. Liberty Lake and Cheney contribute in excess of that amount with no specific contract (it's an investment level they chose), and Airway Heights is contemplating doing the same. We are in discussions with Spokane County to adjust their contract so that the first $10,250 is their "base level" investment and entitles their Chairman to sit on our Board. The remaining amount of their investment would be aligned with pursuing the strategies identified in the updated GSI Strategic Plan. hope this answers the questions you have and provides the information you need. Please don't hesitate to contact if I can answer any additional questions or provide additional clarity. My cell number is (509) 220-2200. Because of the number of meetings I attend, texting works well and allows me to plan a time to call that works best for you (where a response text can't provide enough info). Thanks, John and Gloria. Regards, Todd Mielke, CEO Greater Spokane Incorporated www.tmielke@greaterspokane.org 1 Greater toiL Create ticnietrmitt Greater Spok9 e GrekrCe-, 1. i arz.cra xurpaa6ed Before we tall< about GSI... A look at our past... Greater SpokaneIncorporated Create Something Greater S ei Qmate,sixlane.orq rkaK. 1 A little bit of history... 1892 -Spokane Chamber of Commerce was incorporated 1898 — Oldest committees: Agriculture, finance, government affairs, inland empire relations, membership, education 1921 —Spokane Chamber received a $100,000 appropriation from the state legislature for the first survey of the Columbia Basin. 1940s — Spokane County, City of Spokane and Spokane Chamber of Commerce raised funds to purchase the land that Fairchild sits on today and convinced the war department to build an air depot, 1963 — Conducted groundbreaking ceremonies for Spokane international Airport 7/101 MO NOW Chamber of Counnerce building 'Aftit*Pk tadxkms x? #auasPk proalaal4i4ThAv Dam Irvidtfve [Wen' er .e.,. <rco Famac<rsrd buiro an ber6sa xt.rn? Create Sometling Greater Greaterspohano.cng Spxka e We've come a long way Annual 8an aet SpA3ne ChamlxriComfrcrce . lda y -✓f.ua y 2V9# Uarerpart Haul Lobb Attrrdance11343 .,etivlerkrA'rr f',vrrE 41/4 Ovate Something Greater Spcokane C,reatcrSpc ane.org icurfwralled /. 2 Spokane Area Chamber of Commerce Spokane Area Economic Development Council Regional Business Development Organization (GSI) (We are not the Chamber of the City of Spokane!) Create Something Greater GreaterSpa p-ne.ag kane GSI at a glance,.. The largest regional business organization in the area focused on creating an environment where employers can succeed, compete & grow Representing 1,200+ businesses, employing more than 100,000 people 47% of our members have 10 or fewer employees 65% of our members have 25 or fewer employees 75% of our members have 50 or fewer employees 3 tx Distribution of Membership Location Count Percent Downtown Liberty Lake Northside Southside Valley West Plains Regional Other 481 27 172 80 197 62 41 43 44% 2% 16% 7% 18% 6% 4% 4% 1. "Regional" - based in E Washington or N Idaho 2. "Other— based outside of `Region" 3. Doesn't recognize the size of the emp'oyer 4. Doesn't recognize where emp'ayees live 5. Doesn't Include employers with multiple locations • 29 Staff • 5 positions are dedicated to administrative functions (accounting, HR, gen. admin) • The remaining positions are dedicated to Business Development functions and our "Greater Spokane 7" strategies -- all components of economic development • The annual investment of Spokane Valley to GSI equates to approximately a .5 FTE city employee dic 4 OUR VISION A vibrant Spokane region where businesses and communities thrive OUR MISSION We lead transformative business and community initiatives to build a robust regional economy. CORE VALUES Collaboration, innovation, respect Create Something Gra Greates5pekaae.crg 1. Availability of skilled labor 2. Highway accessibility 3. Quality of life 4. Occupancy or construction costs 5. Available buildings 6. Labor costs 7. Corporate tax rate, state and local regulations 8. Proximity to major markets 9. State and local incentives 10. Cost and availability of water and energy 5 Goals for GSI Efforts GSI convenes, coordinates, facilitates, and when appropriate, leads efforts that: • Drive the creation of a highly skilled workforce • Grow residents' average household income • Increase the number of jobs • Support innovation through entrepreneurship and startups c m GreaterCreate something Greater Sp4ka reja Ckwill K3 .11(01 r (GNI I • Expand existing businesses • Attract job -creating entities from outside our region • Improve the fiscal health of our communities through increased commerce leading to increased tax revenues (so that municipalities can provide services to their residents without increasing tax rates) Create Something Greater SpoGreater kane Greater Spckan .rrg ►lconperatrxi 6 Foundational Strategies Priority Strategies for for Business Development Business Development ACHIEVE (Workforce) BUILD {Infrastructure) STARTUP RETAIN RECRUIT Create Scmeti-drj Greater GreuterSpcAar,e.carp Sook Recommendations We present to you: "The Greater Spokane 7" Create Scrittirig Greater 63terSpOom..eeg spokes ee Scapa Ymci 7 Foundational Strategy: ACHIEVE Create a GREATER talent pool of skilled workers who drive innovation and productivity to meet the needs of employers throughout the region, recognizing that education grows economies. Foundational Strategy: ADVOCATE Provide a GREATER voice on behalf of employers and the community at the federal, state, and local level. Create SoMett-irg Greater GreaterS{ Ad e.org Gnaw nes Spck 8 Foundational Strategy: BUILD Support GREATER financing, creation and expansion of core infrastructure necessary to fuel the growth of commerce in the Greater Spokane region. Create Something Greater Spckae Cy ee�tc�Spohanc.org P Priority Strategy: STARTU Create GREATER opportunities for entrepreneurs and startups by connecting them to the resources needed to develop and pursue business ideas to launch and grow new companies and jobs. 9 Priority Strategy: EXPAND Support GREATER growth of existing businesses in the region. wag/taff W. Create Something Greater Grea1efsa.«g • kane varpnrased Priority Strategy: *RETAIN Create a healthier business climate where existing businesses have a GREATER chance to succeed, compete and grow. Create Something Greater Gre [erSpca .ane.org 10 Provide GREATER visibility of the Spokane region through enhanced marketing and attraction efforts to strategic industry targets interested in relocating or expanding. SKEELEO WORKFORCE MOVE GROW THRIVE 6riow ,v.., ! tiP.6t 76,000 STL1bE.NTS G[ MEST s•iev ,4,NA1E1PAL 'DISASTER Create Son fang Greater GrcatsrSpcf .w.crg Sp9ka e Key Community initiatives • VISION 2030 - Grow a healthy life sciences industry • Grow education attainment from 40% to 60% by 2025 • AIR Spokane -- Expand aerospace and advanced manufacturing • Protect and grow military jobs, operations, and infrastructure • Identify and prioritize key needed infrastructure and pursue dedicated economic development funding 11 Thank You. Greater Spokane Incorporated Your Regional Business Development Organization! Create Scxnething Greater Greata-Spalrano org 12 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2016 Department Director Approval: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Washington State Department of Commerce, 2016 Environmental Permitting Grant Opportunity GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The Washington State Department of Commerce (Commerce) announced new grant funding available to local governments east of the Cascades. The Environmental Permitting Grant assists cities or counties in the preparation of an environmental analysis that advances environmental permitting activities in and around current and future large manufacturing sites or other key economic growth centers. The Commerce grant allows jurisdictions to request up to $250,000 and the grant award must be incurred by June 30, 2017. This is a competitive grant process and will be will be evaluated based on the following criteria: • The amount of local match provided as a percentage of the total grant request. Staff time can be considered in the calculation of local match. • The number of manufacturing jobs created and/or retained within one of Washington's key economic growth sectors. • Designated Projects of Statewide Significance in accordance with Chapter 43.157 RCW. • The size of the manufacturing/project site as measured in acres. • Proposals which make use of or revitalize vacant or underutilized manufacturing or industrial sites. • Readiness to proceed with the development of a manufacturing operation. • Support from local economic development organizations and consistency with regional economic development strategies The City is generally well positioned to meet the above criteria for the industrial area in the northeast portion of the City, generally east of Flora Road between the BNSF and UP rail lines. This grant, would allow the City to analyze these industrial lands to identify potential issues and identify any necessary mitigation. This knowledge will position the City in providing clear predicable permit requirements to advance economic objectives and support economic growth. Applications for the grant are due October 15, 2016, projects will be selected October 27, 2016, and contracts with Commerce will be executed December 15, 2017. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: Consensus to bring back at the October 11, 2016 meeting for motion consideration. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: John Hohman, Community and Economic Development Director ATTACHMENTS: None Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action October 4, 2016 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed 2016 Budget Amendment. GOVERNING LEGISLATION: In order for the City to amend an adopted budget, State law requires the Council to approve an ordinance that appropriates additional funds. PREVIOUS COUNCIL ACTION TAKEN: The Council last took formal action on the 2016 Budget when it was amended on June 14, 2016 for the first time. BACKGROUND: Since the amendment of the 2016 Budget on June 14, 2016, a number of events have transpired in the normal course of operations that necessitate a second 2016 Budget amendment. They include: #001 - General Fund Provide additional appropriations (expenditures) of $521,759 comprised of: • $15,000 increase in professional services for outside legal counsel due to a greater need for services during 2016 than was anticipated during the 2016 Budget development. • $30,000 reduction in the General Government professional services, and increase in the transfer out of $30,000 to the Parks Capital Projects Fund #309 to pay for the unanticipated water connection costs for the Browns Park splashpad construction. • Additional $453,116 related to the agreed upon severance costs for the former City Manager and related legal fees. • A $16,418 transfer to the Winter Weather Reserve Fund #122 to replenish the fund to $500,000. • An additional transfer of $37,225 to Parks Capital Projects Fund #309 to pay for the replacement of the play structure at Terrace View Park that was damaged during the windstorm in November 2015. Increase revenues by $36,400 as a result of grant proceeds from the Federal Emergency Management Agency (FEMA) in the wake of the windstorm in November 2015. #101 — Street Fund Increase expenditures by $46,000 due to the need to replace and rewire a traffic signal cabinet that was damaged during a traffic accident. Increase revenues by $96,000, including $50,000, reflecting the right-of-way maintenance fee from Sunshine Disposal for the amount of solid waste received at the transfer facility that exceeded 45,500 tons and $46,000 in insurance proceeds received following a claim to replace and rewire a traffic signal cabinet that was damaged during a traffic accident. #103 — Trails and Paths Fund Increase expenditures by $9,300 to pay for additional unplanned expenditures related to the Appleway Trail — University to Pines closeout process. Page 1 of 5 #104 — Hotel / Motel Tax — Tourism Facilities Fund Increase estimated revenues by $19,500 reflecting revised projected hotel/motel tax revenues in 2016 from the 1.3% hotel/motel tax. #105 - Hotel / Motel Tax Fund Increase estimated revenues by $30,00 reflecting revised projected hotel/motel tax revenues in 2016 from the 2% hotel/motel tax. #122 — Winter Weather Reserve Fund Revenues for the Winter Weather Reserve Fund are being increased by $54,928. These funds are a combination of FEMA grant proceeds in the amount of $38,510 and a transfer in from the General Fund of $16,418. These revenues are a result of the 2015 windstorm cleanup effort which resulted in the fund falling below its target fund balance of $500,000. With these additional revenues, it will be returned to fully funded status. #123 — Civic Facilities Replacement Fund Expenditures are increased by $22. This will complete the effort to reduce the fund balance to $0 by the end of 2016. #301 — REET 1 Capital Projects Fund Increase Expenditures by $540,000 to reflect changes in project schedules for 2016 through: • An increase in transfers out to the Street Capital Projects Fund #303 by $520,000 to reflect a change in project schedules. • An addition of a transfer out to the proposed new Railroad Grade Separation Projects Fund #314 in the amount of $20,000 for funding design costs for the Barker Grade Separation Project. Real Estate Excise Tax (REET) revenue is increased by $200,000 based on revised revenue projections. #302 — REET 2 Capital Projects Fund Expenditures are decreased by $540,000 to reflect changes in project schedules and makeup for 2016. Real Estate Excise Tax (REET) revenue is increased by $200,000 based on revised revenue projections. #303 — Street Capital Projects Fund This fund is being amended to reflect estimated actual progress on a number of projects as well as updates to estimated project costs. Expenditures and revenues are increased by $700,000. This includes a reduction in the contingency of $250,000 to bring the contingency from $1,000,000 to $750,000. As the Fund #303 budget is developed in July prior to the budget year, the City has historically included a $1,000,000 appropriation contingency to absorb changes in project timelines and costs that occur subsequent to the initial budget development process. This $1,000,000 appropriation contingency is then offset by a combination of assumed grant revenues and REET revenues transferred from Funds #301 and #302. Additional reductions include moving both the Barker Grade Separation and the Pines Grade Separation projects to the proposed new Railroad Grade Separation Projects Fund #314. #309 — Park Capital Projects Fund This fund is being amended to reflect estimated actual progress on a number of projects. The increases seen in this fund are primarily a result of two segments of the Appleway Trail starting earlier than originally anticipated due to obligation of grant funds. Changes include increases in expenditures/ appropriations in the amount of $477,822. Page 2 of 5 Expenditure changes include: • An increase of $9,300 to the Appleway Trail — University to Pines segment to complete the closeout of the project. • An increase of $400 to complete the closeout of phase 1 of the Pocket Dog Park. • An increase of $102,247 to the Appleway Trail — Pines to Evergreen segment to complete design work. • The addition of $276,775 for the Appleway Trail — Sullivan to Corbin segment to complete design work. • An increase of $30,000 to the Browns Park Splashpad project due to unforeseen water connection fees. • The addition of $59,100 for replacement of the Terrace View Playground Equipment due to damage during the 2015 windstorm. Revenues will increase by $477,422, including: • Grant proceeds of $320,132 for the Appleway Trail — Pines to Evergreen and Sullivan to Corbin segments. • Grant proceeds from FEMA for the replacement of the Terrace View Playground Equipment in the amount of $21,875. • An increase of $67,225 in the transfer in from the General Fund for the remaining amount of the Terrace View Playground Equipment replacement and the Browns Park Splashpad water connection costs. • A transfer in of $9,300 from Trails and Paths Fund #103 for the Appleway Trail — University to Pines segment. • A transfer in of $58,890 from Capital Reserve Fund #312 for the Appleway Trail — Pines to Evergreen and Sullivan to Corbin segments. #311 — Pavement Preservation Fund Expenditures increase by $1,500,000 to account for changes in the schedules of projects and related to grant funding. Revenues increase by $2,063,022 reflecting an increase in grant revenues related to preservation projects in the amount of $2,063,000 as well as an increase of $22 transferred in from the Civic Facilities Replacement Fund #123. #312 — Capital Reserve Fund • Expenditures/appropriations of $566,160 include: o An increase of $457,270 for the Sullivan Rd West Bridge. This is based on scheduling and is not an increase in total contribution to the fund. o A reclassification of $500,000 related to the Pines Rd Grade Separation project. This reduces the amount transferred to Fund #303, and creates the amount to be transferred to the proposed new Fund #314 for the same dollar amount. o An increase of $50,000 reflecting a transfer to Street Capital Projects Fund #303 for the Euclid Ave — Flora to Barker project. o An increase of $13,800 reflecting an additional transfer to Parks Capital Projects Fund #309 for the Appleway Trail — Pines to Evergreen segment. o An increase of $45,090 reflecting a transfer to Parks Capital Projects Fund #309 for the Appleway Trail — Sullivan to Corbin segment. #313 — City Hall Construction Fund Expenditures are decreased by $5,355,005 for construction on the new City Hall building to reflect expenditures for the project moving into 2017. Page 3 of 5 #314 — Grade Separation Fund This is a proposed new fund for 2016. The intent of the fund is for the capital construction projects that are part of Bridging the Valley. Due to the anticipated size, scope, and duration of these projects, managing these projects in their own fund allows for the necessary monitoring without being obscured by the variety and quantity of the other projects in Street Capital Projects Fund #303 as well as keeping these projects from skewing the average volume of activity in Fund #303. Expenditures and revenues for this fund are proposed to be $750,000, which were previously budgeted in Fund #303, including: • $250,000 for preliminary design and engineering of the Barker Rd/BNSF Grade Separation project which is funded by a combination of $230,000 of grant proceeds and $30,000 in transfers in from the REET 1 Capital Projects Fund #301. • Expenditures of $500,000 for the purchase of land related to the Pines Rd Underpass at BNSF & Trent project which is funded by a transfer in from the Capital Reserve Fund #312. #402 — Stormwater Management Fund Expenditures/appropriations decreased by $375,000, including: • Capital Projects expenditures are decreased by $425,000 due to various capital projects being accounted for in the Aquifer Protection Area Fund #403. • An increase in street sweeping expenditures of $50,000 due to the 2015 windstorm. Revenues increase by $48,800 reflecting the receipt of FEMA grants to offset costs related to the 2015 windstorm. #403 — Aquifer Protection Area Fund Capital outlays in this fund have changed by a total reduction of $1,575,000 comprised of: • A reduction of $2,000,000 as the grant program that provided funding for the Sprague — Park to University LID has been delayed. • The addition of water quality related improvements related to road projects in the amount of $425,000 Revenues have been decreased by a total of $1,600,000: • A reduction of grant proceeds by $1,500,000 as the grant program that provided funding for the Sprague — Park to University LID has been delayed. • A reduction of the Spokane County APA Fee by $100,000 based on revised estimates. This budget amendment will create one new fund: • Fund #314 — Railroad Grade Separation Projects Fund Page 4 of 5 The 2016 Budget amendment reflects the changes noted above and will affect 17 funds resulting in total appropriation/expenditure decreases of $4,133,942 and revenue increases of $1,676,072. 001 General Fund 101 Street Fund 130 Trails and Paths Fund 104 Hotel / Motel Tax - Tourism Facilities Fund 105 Hotel / Motel Tax Fund 122 Winter Weather Reserve Fund 123 Civic Facilities Replacement Fund 301 REET 1 Capital Projects Fund 302 REET 2 Capital Projects Fund 303 Street Capital Projects Fund 309 Park Capital Projects Fund 311 Street Preservation Fund 312 Capital Reserve Fund 313 City Hall Construction Fund 314 Railroad Grade Separation Projects Fund 402 Stormwater Management Fund 403 Aquifer Protection Area Fund 36,400 96,000 0 19,500 30,000 54,928 0 200,000 200,000 (700,000) 477,422 2,063,022 0 0 750,000 48,800 (1,600,000) 1,676,072 521,759 46,000 9,300 0 0 0 22 540,000 (540,000) (700,000) 477,822 1,500,000 566,160 (5,355,005) 750,000 (375,000) (1,575,000) (4,133,942) OPTIONS: Future options are to accept the proposed amendments in whole or in -part. RECOMMENDED ACTION OR MOTION: Staff seek Council consensus to move forward with amendments to the 2016 Budget as presented. If approved, we anticipate the following calendar of events leading to Council approval of the amending ordinance. • October 25, 2016 — Public hearing on the 2016 Budget Amendment. • October 25, 2016 — First reading of Ordinance #16-xxx amending the 2016 Budget. • November 8, 2016 — Second reading of Ordinance #16-xxx amending the 2016 Budget. BUDGET/FINANCIAL IMPACTS: This action amends the estimated revenues and appropriations for the 2016 Budget that were adopted on November 10, 2015 and amended on June 14, 2016. There are adequate funds available to pay for these amendments. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: • Fund level line -item detail of revenues and expenditures. • Fund summaries for all funds affected by the proposed budget amendment. Page 5 of 5 Revenue Expenditure Fund Fund Increase Increase No. Name (Decrease) (Decrease) 001 General Fund 101 Street Fund 130 Trails and Paths Fund 104 Hotel / Motel Tax - Tourism Facilities Fund 105 Hotel / Motel Tax Fund 122 Winter Weather Reserve Fund 123 Civic Facilities Replacement Fund 301 REET 1 Capital Projects Fund 302 REET 2 Capital Projects Fund 303 Street Capital Projects Fund 309 Park Capital Projects Fund 311 Street Preservation Fund 312 Capital Reserve Fund 313 City Hall Construction Fund 314 Railroad Grade Separation Projects Fund 402 Stormwater Management Fund 403 Aquifer Protection Area Fund 36,400 96,000 0 19,500 30,000 54,928 0 200,000 200,000 (700,000) 477,422 2,063,022 0 0 750,000 48,800 (1,600,000) 1,676,072 521,759 46,000 9,300 0 0 0 22 540,000 (540,000) (700,000) 477,822 1,500,000 566,160 (5,355,005) 750,000 (375,000) (1,575,000) (4,133,942) OPTIONS: Future options are to accept the proposed amendments in whole or in -part. RECOMMENDED ACTION OR MOTION: Staff seek Council consensus to move forward with amendments to the 2016 Budget as presented. If approved, we anticipate the following calendar of events leading to Council approval of the amending ordinance. • October 25, 2016 — Public hearing on the 2016 Budget Amendment. • October 25, 2016 — First reading of Ordinance #16-xxx amending the 2016 Budget. • November 8, 2016 — Second reading of Ordinance #16-xxx amending the 2016 Budget. BUDGET/FINANCIAL IMPACTS: This action amends the estimated revenues and appropriations for the 2016 Budget that were adopted on November 10, 2015 and amended on June 14, 2016. There are adequate funds available to pay for these amendments. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: • Fund level line -item detail of revenues and expenditures. • Fund summaries for all funds affected by the proposed budget amendment. Page 5 of 5 #001 - General Fund H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\amendment no 2 detail.xlsx CITY OF SPOKANE VALLEY, WA 2016 Budget - Amendment #2 Line Item Detail 10/4/2016 Account Description Account Number Description / Justification Initial Budget Amendment No 2 Amended Budget Recurring Expenditures Professional Services - Legal Services Professional Services - Misc Studies Transfers out - #309 001.013.015.515.10.41.04 001.090.000.513.10.41.05 001.090.000.597.30.00.90 Nonrecurring Revenues FEMA Grant for Windstorm 001.090.000.331.97.03 Nonrecurring Expenditures City Manager's Severance Transfers out - #122 Transfers out - #309 001.090.000.597.10.00.70 001.090.000.597.12.00.20 001.090.000.597.30.00.90 #101 - Street Fund Recurring Revenues Street Maintenance & Repair Charges 101.042.000.344.10.00 Nonrecurring Revenues Insurance Proceeds - Outside Legal Counsel needed more during 2016 - Reduced for Browns Park Splashpad transfer - Browns Park Splashpad water connection Total recurring expenditures - FEMA Grant Proceeds (2015 Windstorm) Total nonrecurring revenues - City Manager's severance agreement & related legal costs - Replenish Winter Weather Reserve Fund - Parks & Rec Windstorm Damage Total nonrecurring expenditures 51,762 235,500 200,300 15,000 66,762 (30,000) 205,500 30,000 230,300 15,000 0 36,400 36,400 36,400 0 453,116 0 16,418 0 37,225 506,759 Total of all General Fund revenues Total of all General Fund expenditures 36,400 521,759 - Right of Way Maintenance Fee Total recurring revenues 101.042.000.395.20.00 - Insurance Proceeds Nonrecurring Expenditures Traffic Signal Cabinet Replacement Total nonrecurring revenues 101.042.000.594.42.63.03 - Accident at 16th/Sullivan - Signal Cabinet Replacement needed Total nonrecurring expenditures 0 50,000 50,000 0 46,000 46,000 0 46,000 46,000 Total of all Street Fund revenues 96,000 Total of all Street Fund expenditures 46,000 Page 1 of 6 453,116 16,418 37,225 50,000 46,000 46,000 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\amendment no 2 detail.xlsx CITY OF SPOKANE VALLEY, WA 2016 Budget - Amendment #2 Line Item Detail 10/4/2016 Account Description Account Number Description / Justification Initial Budget Amendment No 2 Amended Budget #103 - Trails and Paths Fund Expenditures Transfers Out - #309 103.000.000.597.30.00.90 - Appleway Trail - University to Pines #104 - Hotel/Motel Tax- Tourism Facilities Fund Revenues Hotel / Motel Tax Total expenditures 104.000.000.313.30.01 - Revised estimate #105 - Hotel/Motel Tax Fund Revenues Hotel / Motel Tax Total revenues 105.105.000.313.30.00 - Revised estimate #122 - Winter Weather Reserve Fund Revenues FEMA Grant for Windstorm Transfers in - #001 0 357,500 550,000 9,300 9,300 9,300 19,500 377,000 19,500 30,000 580,000 Total revenues 30,000 122.000.000.331.97.03 - FEMA Grant Proceeds 122.000.000.397.00.10 - Replenish Winter Weather Reserve Fund #123 - Civic Facilities Replacement Fund Expenditures Transfer out - #311 0 38,510 38,510 0 16,418 16,418 Total revenues 54,928 123.000.000.597.31.00.10 - Pavement Preservation - deplete fund balance 559,786 22 559,808 Total Expenditures 22 Page 2 of 6 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\amendment no 2 detail.xlsx CITY OF SPOKANE VALLEY, WA 2016 Budget - Amendment #2 Line Item Detail 10/4/2016 Account Description Account Number Description / Justification Initial Budget Amendment No 2 Amended Budget #301 - REET 1 Capital Projects Fund Expenditures Transfers out - #303 Transfers out - #314 Revenues REET 1 - 1st Quarter Percent 301.000.000.597.30.00.30 - Revised project schedules 301.000.000.597.31.00.40 - Barker Grade Separation - project design 301.301.000.318.34.00 #302 - REET 2 Capital Projects Fund Expenditures Transfers out - #303 Revenues REET 1 - 1st Quarter Percent Total expenditures - Revised estimate based on projections Total revenues 302.000.000.597.30.00.30 - Revised project schedules 301.301.000.318.34.00 #303 - Street Capital Projects Fund Expenditures Capital outlay Capital outlay Capital outlay Revenues Grant Proceeds Developer Fees Transfers in - #301 Transfers in - #302 Transfers in - #312 Transfers in - #312 Transfers in - #312 303.000.223.595. xx. xx. xx 303.000.xxx.595.xx.xx.xx 303.000.xxx.595.xx.xx.xx 303.000.m.330.00.00 303.000.m.367.12.01 303.000.xxx.397.30.10 303.000.xxx.397.30.20 303.303.155.397.31.20 303.000.223.397.31.20 303.000xxx. 397.31.20 Total expenditures - Revised estimate based on projections Total revenues - Pines Rd Underpass @ BNSF & Trent - Euclid Ave. - Flora to Barker - Contingency Total expenditures - Revised project schedules - Revised project schedules - Revised project schedules - Revised project schedules - Sullivan Rd. W. Bridge Replacement - Pines Rd Underpass @ BNSF & Trent - Euclid Ave - Flora to Barker 222,503 520,000 742,503 0 20,000 20,000 800,000 200,000 1,000,000 200,000 922,816 (540,000) 382,816 (540,000) 800,000 200,000 1,000,000 500,000 0 1,000,000 540,000 200,000 (500, 000) 50,000 (250, 000) (700, 000) 0 50,000 750,000 8,797,263 (647,657) 8,149,606 314,700 (39,613) 275,087 222,503 520,000 742,503 922,816 (540,000) 382,816 1,010,509 457,270 1,467,779 500,000 (500,000) 0 0 50,000 50,000 Total revenues (700,000) Page 3 of 6 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\amendment no 2 detail.xlsx CITY OF SPOKANE VALLEY, WA 2016 Budget - Amendment #2 Line Item Detail 10/4/2016 Account Description Account Number Description / Justification Initial Budget Amendment No 2 Amended Budget #309 - Park Capital Projects Fund Expenditures Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Revenues Grant Proceeds Grant Proceeds FEMA Grant for Windstorm Transfer in - #001 Transfer in - #001 Transfer in - #103 Transfer in - #312 Transfer in - #312 309.000.176.595. xx. xx. xx 309.000.225.594. xx. xx. xx 309.000.227.595. xx. xx. xx 309.000.237.595. xx. xx. xx 309.000.249.595. xx. xx. xx 309.000.245.594. xx. xx. xx 309.000.227.333.20.20 309.000.237.334.0270 309.000.245.331.97.03 309.000.245.397.00.10 309.000.249.397.00.10 309.000.176.397.10.30 309.000.227.397.31.20 309.000.237.397.31.20 #311 - Pavement Preservation Expenditures Pavement Preservation Revenues Transfers In - #123 Grant Proceeds 311.000. xxx. 595. xx. xx. xx 311.000.000.397.12.30 311.0 0 0. xxx . 3 3x . xx. xx - Appleway Trail - University to Pines - Pocket Dog Park - phase 1 - Appleway Trail - Pines to Evergreen - Appleway Trail - Sullivan to Corbin - Browns Park Splashpad - Terrace View Playground Equip. Replacement Total expenditures - Appleway Trail - Pines to Evergreen - Appleway Trail - Sullivan to Corbin - Grant Proceeds Terrace View Playground - Terrace View Playground - Browns Park Splashpad - Appleway Trail University to Pines - Appleway Trail - Pines to Evergreen - Appleway Trail - Sullivan to Corbin Total revenues - Grant Funded Pavement Preservation Projects Total expenditures - Transfer form Fund 123 - Various Grants for Projects 0 0 104,050 0 116,500 0 90,000 0 0 200,300 116,500 0 14,050 0 9,300 400 102,247 276,775 30,000 59,100 477,822 86,361 233,771 21,875 37,225 30,000 9,300 13,800 45,090 477,422 9,300 400 206,297 276,775 146,500 59,100 176,361 233,771 21,875 237,525 146,500 9,300 27,850 45,090 3,000,000 1,500,000 4,500,000 556,786 1,500,000 22 556,808 0 2,063,000 2,063,000 Total revenues 2,063,022 Page 4 of 6 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\amendment no 2 detail.xlsx CITY OF SPOKANE VALLEY, WA 2016 Budget - Amendment #2 Line Item Detail 10/4/2016 Account Description Account Number Description / Justification Initial Budget Amendment No 2 Amended Budget #312 - Capital Reserve Fund Expenditures Transfer to - #303 Transfer to - #303 Transfer to - #303 Transfer to - #309 Transfer to - #309 Transfer to - #314 312.000.000.597.30.00.30 312.000.000.597.30.00.30 312.000.000.597.30.00.30 312.000.000.597.30.00.90 312.000.000.597.30.00.90 312.000.000.597.31.00.40 #313 - City Hall Construction Fund Expenditures Capital Outlay - City Hall - Sullivan Road West Bridge - Pines Rd Underpass @ BNSF & Trent - Euclid Ave - Flora to Barker - Appleway Trail - Pines to Evergreen - Appleway Trail - Sullivan to Corbin - Pines Rd Underpass @ BNSF & Trent Total expenditures 313.000.215.594.xx.xx.xx - City Hall Construction Costs #314 - Railroad Grade Separation Projects Fund Expenditures Capital Outlays Capital Outlays Revenues FHWA Direct Earmark Funds Transfer in - #301 Transfer in - #312 Total expenditures 314.000.143.595.xx.xx.xx - Barker Rd/BNSF Grade Separation 314.000.223.595.xx.xx.xx - Pines Rd Underpass @ BNSF & Trent 314.000.143.333.20.20 314.000.143.397.30.10 314.000.223.397.31.20 Total expenditures - Barker Rd/BNSF Grade Separation Grant - Barker Rd/BNSF Grade Separation REET - Pines Rd Underpass @ BNSF & Trent 1,010,509 500,000 0 14,050 0 0 457,270 (500,000) 50,000 13,800 45,090 500,000 566,160 1,467,779 0 50,000 27,850 45,090 500,000 12,649,405 (5,355,005) 7,294,400 (5,355,005) 0 250,000 250,000 0 500,000 500,000 750,000 0 230,000 230,000 0 20,000 20,000 0 500,000 500,000 Total revenues 750,000 Page 5 of 6 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\amendment no 2 detail.xlsx CITY OF SPOKANE VALLEY, WA 2016 Budget - Amendment #2 Line Item Detail 10/4/2016 Account Description Account Number Description / Justification Initial Budget Amendment No 2 Amended Budget #402 - Stormwater Management Fund Expenditures Capital outlay Street Sweeping Revenues FEMA Grant Proceeds 402.000.xxx.595.xx.xx.xx - Various Projects 402.402.000.531.36.47.06 - Windstorm -related street sweeping Total expenditures 402.402.000.374.97.03 - FEMA Grant for windstorm damage #403 -Aquifer Protection Area Fund Expenditures Capital Outlay Capital Outlay Revenues Spokane County APA Fee Dept of Ecology Grant Total revenues 403.000.198.595.xx.xx.xx - Sprague - Park to University LID 403.000.xxx.595.xx.xx.xx - Various capital projects Total expenditures 403.000.000.337.38.00 - Revised Estimate 403.000.198.334.03.10 - Grant program delayed Total revenues Totals Across all Funds Total revenues Total expenditures 576,100 (425, 000) 151,100 0 50,000 50,000 (375,000) 0 48,800 2,000,000 0 500,000 1,500,000 48,800 48,800 (2,000,000) 0 425,000 425,000 (1,575,000) (100,000) 400,000 (1,500,000) 0 (1,600,000) 1,676,072 (4,133, 942) Page 6 of 6 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\budget summary as of 2016 10 04.xlsx CITY OF SPOKANE VALLEY, WA 2017 Budget 2016 As Adopted 1st Amendment 2nd Amendment As Amended #001 - GENERAL FUND RECURRING ACTIVITY 2017 Proposed Budget 10/4/2016 Difference Between 2016 and 2017 Revenues Property Tax 11,479,200 0 0 11,479,200 11,614,500 135,300 1.18% Sales Tax 18,210,500 270,000 0 18,480,500 19,852,100 1,371,600 7.42% Sales Tax - Public Safety 867,400 0 0 867,400 919,000 51,600 5.95% Sales Tax - Criminal Justice 1,556,400 0 0 1,556,400 1,669,000 112,600 7.23% Gambling Tax and Leasehold Excise Tax 333,700 0 0 333,700 341,500 7,800 2.34% Franchise Fees/Business Registration 1,154,000 0 0 1,154,000 1,200,000 46,000 3.99% State Shared Revenues 2,024,528 0 0 2,024,528 2,104,600 80,072 3.96% Fines and Forfeitures/Public Safety 1,443,500 0 0 1,443,500 1,361,000 (82,500) (5.72%) Community Development 1,491,500 0 0 1,491,500 1,449,300 (42,200) (2.83%) Recreation Program Revenues 595,200 13,000 0 608,200 640,900 32,700 5.38% Miscellaneous Department Revenue 95,900 0 0 95,900 94,000 (1,900) (1.98%) Miscellaneous & Investment Interest 103,500 0 0 103,500 133,500 30,000 28.99% Transfers in - #101 (street admin) 39,700 0 0 39,700 39,700 0 0.00% Transfers in - #105 (h/m tax -CP advertising) 30,000 0 0 30,000 30,000 0 0.00% Transfers in - #402 (storm admin) 13,400 0 0 13,400 13,400 0 0.00% Total Recurring Revenues 39,438,428 283,000 0 39,721,428 41,462,500 1,741,072 4.38% Expenditures City Council 506,869 0 0 506,869 542,872 36,003 7.10% City Manager 717,303 0 0 717,303 724,435 7,132 0.99% Legal 479,951 0 15,000 494,951 509,694 14,743 2.98% Public Safety 24,703,749 0 0 24,703,749 24,950,372 246,623 1.00% Deputy City Manager 737,002 0 0 737,002 750,277 13,275 1.80% Finance / IT 1,253,080 0 0 1,253,080 1,282,460 29,380 2.34% Human Resources 255,694 0 0 255,694 262,417 6,723 2.63% Public Works 966,870 0 0 966,870 981,932 15,062 1.56% City Hall Operations and Maintenance 0 0 0 0 303,918 303,918 0.00% Community & Economic Dvlpmnt - Admin 272,107 0 0 272,107 282,962 10,855 3.99% Community & Economic Dvlpmnt - Econ Dev 545,157 0 0 545,157 640,632 95,475 17.51% Community & Economic Dvlpmnt - Dev Svc 1,486,637 0 0 1,486,637 1,418,984 (67,653) (4.55%) Community & Economic Dvlpmnt - Building 1,344,165 0 0 1,344,165 1,390,834 46,669 3.47% Parks & Rec - Administration 281,871 0 0 281,871 288,964 7,093 2.52% Parks & Rec - Maintenance 838,343 (6,300) 0 832,043 861,350 29,307 3.52% Parks & Rec - Recreation 228,197 13,000 0 241,197 235,995 (5,202) (2.16%) Parks & Rec - Aquatics 461,200 0 0 461,200 457,350 (3,850) (0.83%) Parks & Rec - Senior Center 95,781 0 0 95,781 95,916 135 0.14% Parks & Rec - CenterPlace 882,223 0 0 882,223 891,458 9,235 1.05% General Government 1,532,000 85,500 (30,000) 1,587,500 1,283,850 (303,650) (19.13%) Transfers out - #204 (2016 LTGO debt service) 0 198,734 0 198,734 397,350 198,616 99.94% Transfers out - #309 (park capital projects) 160,000 40,300 30,000 230,300 160,000 (70,300) (30.53%) Transfers out - #310 (bond pmt>$434.6lease pmt) 72,500 0 0 72,500 0 (72,500) (100.00%) Transfers out - #310 (city hall o&m costs) 271,700 0 0 271,700 0 (271,700) (100.00%) Transfers out - #311 (pavement preservation) 943,800 0 0 943,800 953,200 9,400 1.00% Transfers out - #501 (CenterPlace kitchen reserve) 0 0 0 0 36,600 36,600 0.00% Transfers out - #502 (insurance premium) 325,000 0 0 325,000 350,000 25,000 7.69% Total Recurring Expenditures 39,361,199 331,234 15,000 39,707,433 40,053,822 346,389 0.87% Recurring Revenues Over (Under) Recurring Expenditures 77,229 (48,234) (15,000) 13,995 1,408,678 Page 1 of 10 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\budget summary as of 2016 10 04.xlsx CITY OF SPOKANE VALLEY, WA 2017 Budget 2016 As Adopted 1st Amendment 2nd Amendment As Amended #001 - GENERAL FUND - continued NONRECURRING ACTIVITY 2017 Proposed Budget 10/4/2016 Difference Between 2016 and 2017 Revenues FEMA Grant Proceeds 0 0 36,400 36,400 0 (36,400) (100.00%) Transfers in - #106 (solid waste repayment) 40,425 0 0 40,425 40,425 0 0.00% Transfers in - #310 (lease in excess of debt service) 0 198,734 0 198,734 490,500 291,766 146.81% Total Nonrecurring Revenues 40,425 198,734 36,400 275,559 530,925 255,366 92.67% Expenditures General Government - IT capital replacements 108,000 0 0 108,000 100,000 (8,000) (7.41%) City Hall lease payment (2017 final year) 0 0 0 0 513,100 513,100 0.00% Public Safety (const offices for unit supervisors) 0 25,000 0 25,000 0 (25,000) (100.00%) Community & Econ Dev (comp plan update) 350,000 0 0 350,000 0 (350,000) (100.00%) Parks & Rec (upgrade dial-up modem at pools) 15,000 0 0 15,000 0 (15,000) (100.00%) Police Department - CAD / RMS 140,281 0 0 140,281 145,000 4,719 3.36% Police Department (security camera upgrade) 0 6,400 0 6,400 0 (6,400) (100.00%) CenterPlace roof repairs 0 52,000 0 52,000 0 (52,000) (100.00%) City Manager Severance 0 0 453,116 453,116 0 (453,116) (100.00%) Community & Econ Dev (retail recruitment) 0 0 0 0 50,000 50,000 0.00% Parks & Rec (pool drain pipe & gutter line repairs) 0 0 0 0 12,000 12,000 0.00% Parks & Rec (replace Great Room audio/video) 0 0 0 0 345,000 345,000 0.00% Parks & Rec (replace carpet at CenterPlace) 0 0 0 0 24,750 24,750 0.00% Transfers out - #122 (Replenish after Windstorm) 0 0 16,418 16,418 0 (16,418) (100.00%) Transfers out - #314 (Pines Underpass Design) 0 0 0 0 1,200,000 1,200,000 0.00% Transfers out - #309 (P&R Windstorm damage) 0 0 37,225 37,225 0 (37,225) (100.00%) Transfers out - #312 ('14 fund bal > 50%) 0 1,828,723 0 1,828,723 0 (1,828,723) (100.00%) Total Nonrecurring Expenditures 613,281 1,912,123 506,759 3,032,163 2,389,850 (642,313) (21.18%) Nonrecurring Revenues Over (Under) Nonrecurring Expenditures Excess (Deficit) of Total Revenues Over (Under) Total Expenditures Beginning unrestricted fund balance Ending unrestricted fund balance Fund balance as a percent of recurring expenditures (572,856) (1,713,389) (470,359) (2,756,604) (1,858,925) (495,627) (1,761,623) (485,359) (2,742,609) 26,045,444 25,549,817 64.91% Page 2 of 10 26,045,444 23,302,835 58.69% (450,247) 23,302,835 22,852,588 5705% H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\budget summary as of 2016 10 04.xlsx CITY OF SPOKANE VALLEY, WA 2017 Budget 2016 As Adopted 1st Amendment 2nd Amendment As Amended SPECIAL REVENUE FUNDS #101 - STREET FUND RECURRING ACTIVITY 2017 Proposed Budget 10/4/2016 Difference Between 2016 and 2017 Revenues Utility Tax 2,340,000 0 0 2,340,000 2,200,000 (140,000) (5.98%) Motor Vehicle Fuel (Gas) Tax 2,004,900 0 0 2,004,900 2,040,300 35,400 1.77% Multimodal Transportation Revenue 0 0 0 0 98,868 98,868 0.00% Right -of -Way Maintenance Fee 0 0 50,000 50,000 50,000 0 0.00% Investment Interest 3,000 0 0 3,000 4,000 1,000 33.33% Miscellaneous 10,000 0 0 10,000 10,000 0 0.00% Total Recurring Revenues 4,357,900 0 50,000 4,407,900 4,403,168 (4,732) (0.11%) Expenditures Wages / Benefits / Payroll Taxes 734,604 0 0 734,604 746,872 12,268 1.67% Supplies 111,500 0 0 111,500 105,000 (6,500) (5.83%) Services & Charges 2,132,754 0 0 2,132,754 2,167,151 34,397 1.61% Snow Operations 430,000 0 0 430,000 468,000 38,000 8.84% Intergovernmental Payments 771,000 0 0 771,000 796,000 25,000 3.24% Vehicle rentals - #501 (non -plow vehicle rental) 31,000 0 0 31,000 23,250 (7,750) (25.00%) Vehicle rentals - #501 (plow replace.) 40,000 0 0 40,000 77,929 37,929 94.82% Transfers out - #001 39,700 0 0 39,700 39,700 0 0.00% Transfers out - #311 (pavement preservation) 67,342 0 0 67,342 67,342 0 0.00% Signal Detection Replacement Program 0 0 0 0 40,000 40,000 0.00% Traffic Signal Replacement Program 0 0 0 0 200,000 200,000 0.00% Total Recurring Expenditures 4,357,900 0 0 4,357,900 4,731,244 373,344 8.57% Recurring Revenues Over (Under) Recurring Expenditures 0 0 50,000 50,000 (328,076) NONRECURRING ACTIVITY Revenues Grant Proceeds 0 0 0 0 0 0 0.00% Insurance Proceeds 0 0 46,000 46,000 0 (46,000) (100.00%) Miscellaneous 0 0 0 0 0 0 0.00% Total Nonrecurring Revenues 0 0 46,000 46,000 0 (46,000) (100.00%) Expenditures Maintenance facility storage unit 5,000 0 0 5,000 0 (5,000) (100.00%) Signal detection equipment upgrades 20,000 0 0 20,000 0 (20,000) (100.00%) Durable striping at Trent & Argonne 0 0 0 0 75,000 75,000 0.00% Spare traffic signal equipment 0 0 0 0 30,000 30,000 0.00% Battery backups for intersections 0 0 0 0 15,000 15,000 0.00% Signal Equipment Replace (16th/Sullivan) 0 0 46,000 46,000 0 (46,000) (100.00%) Total Nonrecurring Expenditures 25,000 0 46,000 71,000 120,000 49,000 69.01% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (25,000) 0 0 (25,000) (120,000) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (25,000) 0 50,000 25,000 (448,076) Beginning fund balance 1,443,077 1,443,077 1,468,077 Ending fund balance 1,418,077 1,468,077 1,020,001 Page 3 of 10 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\budget summary as of 2016 10 04.xlsx SPECIAL REVENUE FUNDS - continued #103 - PATHS & TRAILS FUND Revenues Motor Vehicle Fuel (Gas) Tax Investment Interest Total revenues Expenditures Capital Outlay Transfers out - #309 (Appleway Trail - Univ -Pines) Total expenditures CITY OF SPOKANE VALLEY, WA 2017 Budget 2016 As Adopted 1st Amendment 2nd Amendment As Amended 8.500 0 0 2017 Proposed Budget 0 8,500 8,600 10/4/2016 Difference Between 2016 and 2017 100 1.18% 0 0 0 0 0 0.00% 8,500 0 0 8,500 8,600 100 1.18% 0 0 O 0 0 0 0 0.00% O 9,300 9,300 0 (9,300) (100.00%) 0 O 9,300 9,300 0 (9,300) (100.00%) Revenues over (under) expenditures 8,500 (800) 8,600 Beginning fund balance 38,054 38,054 37,254 Ending fund balance 46,554 37,254 45,854 #104 - HOTEL / MOTEL TAX - TOURISM FACILITIES FUND Revenues Hotel/Motel Tax 357,500 0 19,500 377,000 377,000 0 0.00% Investment Interest 0 0 0 0 0 0 0.00% Total revenues 357,500 0 19,500 377,000 377,000 0 0.00% Expenditures Capital Outlay 0 0 0 0 0 0 0.00% Total expenditures 0 0 0 0 0 0 0.00% Revenues over (under) expenditures Beginning fund balance Ending fund balance #105 - HOTEL / MOTEL TAX FUND Revenues Hotel/Motel Tax Investment Interest 357,500 182,347 539,847 377,000 377,000 182,347 559,347 559,347 936,347 550,000 0 30,000 580,000 580,000 0 0.00% 300 0 0 300 500 200 66.67% Total revenues 550,300 0 30,000 580,300 580,500 200 0.03% Expenditures Transfers out - #001 30,000 0 0 30,000 30,000 0 0.00% Tourism Promotion 560,000 (60,650) 0 499,350 604,000 104,650 20.96% Transfers out - #309 (volleyball court award) 0 60,650 0 60,650 0 (60,650) (100.00%) Total expenditures 590,000 0 0 590,000 634,000 44,000 7.46% Revenues over (under) expenditures (39,700) (9,700) (53,500) Beginning fund balance 208,701 208,701 199,001 Ending fund balance 169,001 199,001 145,501 Page 4 of 10 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\budget summary as of 2016 10 04.xlsx SPECIAL REVENUE FUNDS - continued #122 - WINTER WEATHER RESERVE FUND Revenues FEMA Grant Proceeds Investment Interest Transfers in - #001 CITY OF SPOKANE VALLEY, WA 2017 Budget 2016 As Adopted 1st Amendment 2nd Amendment As Amended 2017 Proposed Budget 10/4/2016 Difference Between 2016 and 2017 $ 1 0 0 38,510 38,510 0 (38,510) (100.00%) 600 0 0 600 600 0 0.00% 0 0 16,418 16,418 0 (16,418) (100.00%) Total revenues 600 0 54,928 55,528 600 (54,928) (98.92%) Expenditures Street maintenance expenses 500,000 0 0 500,000 500,000 0 0.00% Total expenditures 500,000 0 0 500,000 500,000 0 0.00% Revenues over (under) expenditures (499,400) (444,472) (499,400) Beginning fund balance 444,472 444,472 500,000 Ending fund balance (54,928) 0 600 #123 - CIVIC FACILITIES REPLACEMENT FUND Revenues Investment Interest 700 0 0 700 0 (700) (100.00%) Miscellaneous 0 0 0 0 0 0 0.00% Total revenues 700 0 0 700 0 (700) (100.00%) Expenditures Transfers out - #311 (pavement preservation) 559,786 0 22 559,808 0 (559,808) (100.00%) Total expenditures 559,786 0 22 559,808 0 (559,808) (100.00%) Revenues over (under) expenditures (559,086) (559,108) 0 Beginning fund balance 559,108 559,108 0 Ending fund balance 22 0 0 Page 5 of 10 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\budget summary as of 2016 10 04.xlsx CAPITAL PROJECTS FUNDS #301 - REET 1 CAPITAL PROJECTS FUND Revenues REET 1 - Taxes Investment Interest Total revenues CITY OF SPOKANE VALLEY, WA 2017 Budget 2016 As Adopted 1st Amendment 2nd Amendment As Amended 2017 Proposed Budget 10/4/2016 Difference Between 2016 and 2017 800,000 0 200,000 1,000,000 800,000 (200,000) (20.00%) 1,000 0 0 1,000 1,700 700 70.00% 801,000 0 200,000 1,001,000 801,700 (199,300) (19.91%) Expenditures Transfers out - #204 83,400 0 0 83,400 79,426 (3,974) (4.76%) Transfers out - #303 222,503 0 520,000 742,503 437,002 (305,501) (41.14%) Transfers out - #311 (pavement preservation) 365,286 0 0 365,286 660,479 295,193 80.81% Transfers out - #314 (Barker Grade Separation) 0 0 20,000 20,000 280,079 260,079 1300.40% Total expenditures 671,189 0 540,000 1,211,189 1,456,986 245,797 20.29% Revenues over (under) expenditures Beginning fund balance Ending fund balance #302 - REET 2 CAPITAL PROJECTS FUND Revenues REET 2 - Taxes Investment Interest 129,811 1,594,088 1,723,899 (210,189) (655,286) 1,594,088 1,383,899 1,383,899 728,613 800,000 0 200,000 1,000,000 800,000 (200,000) (20.00%) 1,000 0 0 1,000 1,700 700 70.00% Total revenues 801,000 0 200,000 1,001,000 801,700 (199,300) (19.91%) Expenditures Transfers out - #204 83,400 0 0 83,400 79,425 (3,975) (4.77%) Transfers out - #303 922,816 0 (540,000) 382,816 1,173,230 790,414 206.47% Transfers out - #311 (pavement preservation) 365,286 0 0 365,286 660,479 295,193 80.81% Total expenditures 1,371,502 0 (540,000) 831,502 1,913,134 1,081,632 130.08% Revenues over (under) expenditures Beginning fund balance Ending fund balance (570,502) 1,728,297 1,157,795 Page 6 of 10 169,498 1,728,297 (1,111,434) 1,897,795 1,897,795 786,361 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\budget summary as of 2016 10 04.xlsx CITY OF SPOKANE VALLEY, WA 2017 Budget 2016 As Adopted 1st Amendment 2nd Amendment As Amended CAPITAL PROJECTS FUNDS - continued #303 - STREET CAPITAL PROJECTS FUND Revenues Grant Proceeds 8,797,263 Developer 314,700 Transfers in - #301 222,503 Transfers in - #302 922,816 Transfers in - #312 - Sullivan Rd W Bridge 1,010,509 Transfers in - #312 - Pines Underpass Pinecroft 500,000 Transfers in - #312 - Euclid Ave - Flora to Barker 0 Total revenues 2017 Proposed Budget 10/4/2016 Difference Between 2016 and 2017 O (647,657) 8,149,606 3,756,320 (4,393,286) (53.91%) O (39,613) 275,087 40,097 (234,990) (85.42%) O 520,000 742,503 437,002 (305,501) (41.14%) O (540,000) 382,816 1,173,230 790,414 206.47% O 457,270 1,467,779 10,000 (1,457,779) (99.32%) O (500,000) 0 0 0 0.00% O 50,000 50,000 1,750,000 1,700,000 3400.00% 11,767,791 O (700,000) 11,067,791 7,166,649 (3,901,142) (35.25%) Expenditures 123 Mission Ave. - Flora to Barker 332,566 0 0 332,566 500,000 167,434 50.35% 141 Sullivan & Euclid PCC (PE & RW) 1,981,060 0 0 1,981,060 2,150,000 168,940 8.53% 149 Sidewalk Infill 5,000 0 0 5,000 0 (5,000) (100.00%) 155 Sullivan Rd W Bridge Replacement 5,237,650 0 0 5,237,650 10,000 (5,227,650) (99.81%) 156 Mansfield Ave. Connection 5,000 0 0 5,000 0 (5,000) (100.00%) 166 Pines Rd (SR27) & Grace Ave. Intersect Safety 491,331 0 0 491,331 333,224 (158,107) (32.18%) 167 Citywide Safety Improvements (bike/ped) 228,127 0 0 228,127 5,000 (223,127) (97.81%) 201 ITS Infill Project Phase 1 271,357 0 0 271,357 300,000 28,643 10.56% 205 Sprague/Barker Intersection Improvement 0 0 0 0 40,097 40,097 0.00% 206 Sprague/Long Sidewalk Project 5,000 0 0 5,000 0 (5,000) (100.00%) 207 Indiana & Evergreen Transit Access Imp 0 0 0 0 5,000 5,000 0.00% 221 McDonald Rd Diet (16th to Mission) 559,200 0 0 559,200 5,000 (554,200) (99.11%) 222 Citywide Reflective Signal Backplates 40,500 0 0 40,500 36,000 (4,500) (11.11%) 223 Pines Rd Underpass @ BNSF & Trent 500,000 0 (500,000) 0 0 0 0.00% 229 32nd Ave Preservation Project 0 0 0 0 2,500 2,500 0.00% 234 Seth Woodward Elem Sidewalk Improvement 361,000 0 0 361,000 5,000 (356,000) (98.61%) 238 Mirabeau Pkwy & Pines (SR -27) Traffic Signal 350,000 0 0 350,000 5,000 (345,000) (98.57%) 239 Bowdish Sidewalk - 8th to 12th 400,000 0 0 400,000 471,342 71,342 17.84% xxx N. Sullivan Corridor ITS Project (PE start 2017) 0 0 0 0 110,486 110,486 0.00% xxx Euclid Ave. - Flora to Barker 0 0 50,000 50,000 1,750,000 1,700,000 3400.00% xxx 9th Ave. Sidewalk 0 0 0 0 240,000 240,000 0.00% xxx Sullivan/Wellesley Intersection 0 0 0 0 198,000 198,000 0.00% Contingency 1,000,000 0 (250,000) 750,000 1,000,000 250,000 33.33% Total expenditures 11,767,791 0 (700,000) 11,067,791 7,166,649 (3,901,142) (35.25%) Revenues over (under) expenditures 0 0 Beginning fund balance 75,538 75,538 Ending fund balance 75,538 75,538 0 75,538 75,538 Note: Work performed for pavement preservation projects out of the Street Capital Projects Fund is for items such as sidewalk upgrades that the were bid with the pavement preservation work. Page 7 of 10 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\budget summary as of 2016 10 04.xlsx CITY OF SPOKANE VALLEY, WA 2017 Budget 2016 As Adopted 1st Amendment 2nd Amendment As Amended CAPITAL PROJECTS FUNDS - continued 2017 Proposed Budget 10/4/2016 Difference Between 2016 and 2017 #309 - PARK CAPITAL PROJECTS FUND Revenues Grant Proceeds 90,000 0 320,132 410,132 3,217,267 2,807,135 684.45% FEMA Grant Proceeds - Windstorm 0 0 21,875 21,875 0 (21,875) (100.00%) Transfers in - #001 160,000 40,300 37,225 237,525 160,000 (77,525) (32.64%) Transfers in - #001 (Browns Park Splashpad water) 0 0 30,000 30,000 0 (30,000) (100.00%) Transfers in - #103 (Appleway Trail - Univ -Pines) 0 0 9,300 9,300 0 (9,300) (100.00%) Transfers in - #105 0 60,650 0 60,650 0 (60,650) (100.00%) Transfers in -#312 14,050 0 58,890 72,940 561,915 488,975 670.38% Investment Interest 500 0 0 500 800 300 60.00% Total revenues 264,550 100,950 477,422 842,922 3,939,982 3,097,060 367.42% Expenditures City entry sign 70,000 0 0 70,000 0 (70,000) (100.00%) 176 Appleway Trail (Univ. - Pines) 0 0 9,300 9,300 0 (9,300) (100.00%) 225 Pocket dog park - phase 1 0 0 400 400 0 (400) (100.00%) 227 Appleway Trail (Pines to Evergreen) 104,050 0 102,247 206,297 1,925,957 1,719,660 833.58% 237 Appleway Trail (Sullivan to Corbin) 0 0 276,775 276,775 1,853,225 1,576,450 569.58% 241 Pocket dog park - phase 2 75,000 6,300 0 81,300 0 (81,300) (100.00%) 242 Browns Park Splash Pad 82,500 34,000 30,000 146,500 0 (146,500) (100.00%) 243 Browns Park championship volleyball court 0 60,650 0 60,650 0 (60,650) (100.00%) 244 Park signs (3) 20,500 0 0 20,500 0 (20,500) (100.00%) 245 Terrace View playground equip - Windstorm 0 0 59,100 59,100 0 (59,100) (100.00%) Edgecliff Park splash pad 0 0 0 0 125,000 125,000 0.00% Total expenditures 352,050 100,950 477,822 930,822 3,904,182 2,973,360 319.43% Revenues over (under) expenditures (87,500) (87,900) 35,800 Beginning fund balance 98,461 98,461 10,561 Ending fund balance 10,961 10,561 46,361 #311 - PAVEMENT PRESERVATION Revenues Transfers in - #001 943,800 0 0 943,800 953,200 9,400 1.00% Transfers in - #101 67,342 0 0 67,342 67,342 0 0.00% Transfers in - #123 559,786 0 22 559,808 0 (559,808) (100.00%) Transfers in - #301 365,286 0 0 365,286 660,479 295,193 80.81% Transfers in - #302 365,286 0 0 365,286 660,479 295,193 80.81% Grant Proceeds 0 0 2,063,000 2,063,000 340,800 (1,722,200) (83.48%) Investment Interest 0 0 0 0 0 0 0.00% Total revenues 2,301,500 Expenditures Pavement preservation Pre -project GeoTech 0 2,063,022 4,364,522 2,682,300 (1,682,222) (38.54%) 3,000,000 0 1,500,000 4,500,000 3,000,000 (1,500,000) (33.33%) 50,000 0 0 50,000 50,000 0 0.00% Total expenditures 3,050,000 0 1,500,000 4,550,000 3,050,000 (1,500,000) (32.97%) Revenues over (under) expenditures (748,500) (185,478) (367,700) Beginning fund balance 2,605,219 2,605,219 2,419,741 Ending fund balance 1,856,719 2,419,741 2,052,041 Page 8 of 10 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\budget summary as of 2016 10 04.xlsx CAPITAL PROJECTS FUNDS - continued #312 - CAPITAL RESERVE FUND Revenues Transfers in - #001 Investment Interest Total revenues CITY OF SPOKANE VALLEY, WA 2017 Budget 2016 As Adopted 1st Amendment 2nd Amendment As Amended 0 1,828,723 O 0 O 1,828,723 0 0 O 1,828,723 2017 Proposed Budget 10/4/2016 Difference Between 2016 and 2017 0 (1,828,723) (100.00%) 1,000 1,000 0.00% O 1,828,723 1,000 (1,827,723) (99.95%) Expenditures Transfers out #303 (Sullivan Rd WBridge) 1,010,509 0 457,270 1,467,779 10,000 (1,457,779) (99.32%) Transfers out #303 (Pines Rd Underpass) 500,000 0 (500,000) 0 0 0 0.00% Transfers out #303 (Euclid Ave - Flora to Barker) 0 0 50,000 50,000 1,750,000 1,700,000 3400.00% Transfers out #309 (Appleway Trail - Pines-Evergrec 14,050 0 13,800 27,850 260,005 232,155 833.59% Transfers out #309 (Appleway Trail - Sullivan -Corbin 0 0 45,090 45,090 301,910 256,820 569.57% Transfers out #314 (Pines Grade Separation) 0 0 500,000 500,000 0 (500,000) (100.00%) Total expenditures 1,524,559 0 566,160 2,090,719 2,321,915 231,196 11.06% Revenues over (under) expenditures (1,524,559) (261,996) (2,320,915) Beginning fund balance 4,576,597 4,576,597 4,314,601 Ending fund balance 3,052,038 4,314,601 1,993,686 #313 - CITY HALL CONSTRUCTION FUND Revenues 2016 LTGO Bond Issue 0 7,946,088 0 7,946,088 Investment Interest 0 0 0 0 Total revenues 0 7,946,088 0 (7,946,088) (100.00%) 0 0 0.00% O 7,946,088 0 (7,946,088) (100.00%) Expenditures Capital Outlay - City Hall 294,400 12,355,005 (5,355,005) 7,294,400 5,344,219 (1,950,181) (26.74%) 2016 LTGO Bond Issue Costs 0 96,515 0 96,515 0 (96,515) (100.00%) Total expenditures 294,400 12,451,520 (5,355,005) 7,390,915 5,344,219 (2,046,696) (27.69%) Revenues over (under) expenditures Beginning fund balance Ending fund balance (294,400) 4,789,046 4,494,646 555,173 4,789,046 (5,344,219) 5,344,219 5,344,219 0 #314 - RAILROAD GRADE SEPARATION PROJECTS FUND Revenues Grant Proceeds 0 0 230,000 230,000 489,921 259,921 113.01% Transfers in #001 0 0 0 0 1,200,000 1,200,000 0.00% Transfers in #301 0 0 20,000 20,000 280,079 260,079 1300.40% Transfers in #312 0 0 500,000 500,000 0 (500,000) (100.00%) Total revenues 0 0 750,000 750,000 1,970,000 1,220,000 162.67% Expenditures 143 Barker BNSF Grade Separation 0 0 250,000 250,000 770,000 520,000 208.00% 223 Pines Rd Underpass 0 0 500,000 500,000 1,200,000 700,000 140.00% Total expenditures 0 0 750,000 750,000 1,970,000 1,220,000 162.67% Revenues over (under) expenditures 0 0 0 Beginning fund balance 0 0 0 Ending fund balance 0 0 0 Page 9 of 10 H:\Budget\2016\Amendment #2\2016 10 04 Admin Rprt\budget summary as of 2016 10 04.xlsx ENTERPRISE FUNDS #402 - STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees Investment Interest Miscellaneous CITY OF SPOKANE VALLEY, WA 2017 Budget 2016 As Adopted 1st Amendment 2nd Amendment As Amended 2017 Proposed Budget 10/4/2016 Difference Between 2016 and 2017 1,870,000 0 0 1,870,000 1,860,000 (10,000) (0.53%) 1,500 0 0 1,500 2,500 1,000 66.67% O 0 0 0 0 0 0.00% Total Recurring Revenues 1,871,500 0 0 1,871,500 1,862,500 (9,000) (0.48%) Expenditures Wages / Benefits / Payroll Taxes 514,132 0 0 514,132 546,421 32,289 6.28% Supplies 15,900 0 0 15,900 15,425 (475) (2.99%) Services & Charges 1,113,683 0 0 1,113,683 1,111,076 (2,607) (0.23%) Intergovernmental Payments 67,000 0 0 67,000 50,000 (17,000) (25.37%) Vehicle rentals - #501 11,000 0 0 11,000 12,750 1,750 15.91% Transfers out - #001 13,400 0 0 13,400 13,400 0 0.00% Total Recurring Expenditures 1,735,115 0 0 1,735,115 1,749,072 13,957 0.80% Recurring Revenues Over (Under) Recurring Expenditures 136,385 0 0 136,385 113,428 NONRECURRING ACTIVITY Revenues Grant Proceeds 0 175,000 0 175,000 210,000 35,000 20.00% FEMA Grant Proceeds - Windstorm 0 0 48,800 48,800 0 (48,800) (100.00%) Miscellaneous 0 0 0 0 0 0 0.00% Total Nonrecurring Revenues 0 175,000 48,800 223,800 210,000 (13,800) (6.17%) Expenditures Capital -various projects 500,000 76,100 (425,000) 151,100 450,000 298,900 197.82% Effectiveness study 0 175,000 0 175,000 210,000 35,000 20.00% Watershed studies 0 0 0 0 50,000 50,000 0.00% Maintenance facility storage unit 5,000 0 0 5,000 0 (5,000) (100.00%) Storm -related street sweeping 0 0 50,000 50,000 0 (50,000) (100.00%) Total Nonrecurring Expenditures 505,000 251,100 (375,000) 381,100 710,000 328,900 86.30% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (505,000) (76,100) 423,800 (157,300) (500,000) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (368,615) (76,100) 423,800 (20,915) (386,572) Beginning working capital 1,896,925 1,896,925 1,876,010 Ending working capital 1,528,310 1,876,010 1,489,438 #403 - AQUIFER PROTECTION AREA Revenues Spokane County Grant DOE - Sprague Park to University LID 500,000 0 (100,000) 400,000 460,000 60,000 15.00% 1,500,000 0 (1,500,000) 0 0 0 0.00% Total revenues 2,000,000 Expenditures 198 Sprague Park to University LID Capital - various projects Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital 0 (1,600,000) 400,000 460,000 60,000 15.00% 2,000,000 0 (2,000,000) 0 0 0 0.00% O 0 425,000 425,000 530,000 105,000 24.71% 2,000,000 0 (1,575,000) 425,000 530,000 105,000 24.71% O (25,000) 921,660 921,660 921,660 Page 10 of 10 (70,000) 896,660 896,660 826,660 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2016 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: New City Hall — Project Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Multiple meetings, Council retreat 02-17-15; Administrative Report 03-17-15, Motion Consideration 03-24-15, Study Session 09-15-15, Motion Consideration 09-29-15, Interior Discussion 11-18-15, Heating and Cooling Discussions on 12-1-15 and 12-15-15, Interior and Exterior Discussion 12-29-15, General updates on 01-19- 16 and 02-02-16, Final design discussion on 02-16-16 and Approval of City Hall Plan authorization to proceed with bid process on 02-23-16; Admin report on bid results at Council's 4-26-16 meeting; Bid Award on May 3, 2016; Admin Report on Project Update on August, 16 and September 6, 2016. BACKGROUND: City Council and staff have been working since early 2015 on the design of the New City Hall building. Construction of the project began on May 31, 2016. Staff will give a brief update on the current status of the project. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: The City Hall construction project is anticipated to cost $14.15 million including land acquisition, design services, and construction. This project will be funded through a General Obligation bond which will be authorized by City Council through a separate motion. STAFF CONTACT: Steve M. Worley, CIP Manager Eric Guth, Public Works Director ATTACHMENTS: PowerPoint Presentation S`pokane Valley City Hall Update 1 Spokane _..Valley • Construction Began Schedule May 31, 2016 • Groundbreaking Ceremony June 9, 2016 • Substantial Completion August 31, 2017 • Final Completion September 30, 2017 PUBLIC WORKS DEPARTMENT Spokane i�Valley i Progress —Week 14 Shear Wall Formwork - Stair 3 PUBLIC WORKS DEPARTMEN13 Spokane ��Valley� Progress —Week 14 1st Floor Steel Decking North Wing PUBLIC WORKS DEPARTMEN14 S`pokane Walley Progress —Week 14 Dampproofing & Rigid Insulation PUBLIC WORKS DEPARTMENT Spokane 4_�� Valley 1 Progress —Week 14 Overall Project Site PUBLIC WORKS DEPARTMENT S`pokane Walley Progress —Week 15 South Wing Structural Steel PUBLIC WORKS DEPARTMEN1 S`pokane Walley Progress —Week 15 Structural Steel — East end of Building PUBLIC WORKS DEPARTMENIg S`pokane Walley Progress —Week 16 South Wing 2nd Floor Decking Backfill Ongoing PUBLIC WORKS DEPARTMENT Spokane 4_�� Valley Progress —Week 16 North Wing 1st Floor South End of Bldg. PUBLIC WORKS DEPARTMENT Spokane 4_�� Valley Progress —Week 16 Overall Project Site PUBLIC WORKS DEPARTMEN111 Spokane 11_y 1 Progress —Week 17 Structural Steel - South 2nd Floor Slab - South PUBLIC WORKS DEPARTMENT Spokane i�Valley Progress —Week 17 Overall Project Site PUBLIC WORKS DEPARTMENT 01 Sijokane Progress - Building PUBLIC WORKS DEPARTMENY Stiokane Valley Progress - Site PUBLIC WORKS DEPARTMENT Spokane i� Valley Additional Information • 27% Schedule Completed • $1,759,575.55 paid to Contractor (17%) • 57 Requests for Information (RFIs) Answered — 6 Pending • 170 Submittal Packages Reviewed PUBLIC WORKS DEPARTMENT Spokane _..Valley Additional Information • Potential Change Orders: — Hazardous Material Removal - - Site Electrical Additions/Deletions - - Delete Under Slab Plumbing/Reduce Slab to 4" — Under Slab Plumbing Additions — Mechanical Chase Revisions (credit anticipated) — Top of Basement Wall Insulation Addition — Water Connection Relocation PUBLIC WORKS DEPARTMENT Spokane i� Valley Additional Information • Upcoming Activities ■ Continue Structural Steel Erection ■ Glu -Lam Beam Installation ■ 3rd Floor Decking — South Wing ■ Form & Pour Remaining Shear Walls PUBLIC WORKS DEPARTMENT 01 Sijokane 4_� Valley 1 Questions? PUBLIC WORKS DEPARTMENT To: From: Re: DRAFT ADVANCE AGENDA as of September 29, 2016; 8:30 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings Oct 11, 2016, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: 2017 Proposed Budget - Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. First Reading Proposed Ordinance 16-014 Aggressive Solicitation - E.Lamb, K. Morton 4. First Reading Proposed Ordinance 16-015 Property Tax - Chelsie Taylor 5. Motion Consideration: Ecology Stormwater Grants FY 2018 - Eric Guth 6. Motion Consideration: Wa. Dept of Commerce, Permitting Grant Opportunity - John Hohman 7. Admin Report: Advance Agenda - Mayor Higgins 8. Info Only: Sullivan/Euclid PCC Intersection Project [due Tue, Oct 4] (10 minutes) (5 minutes) (10 minutes) (10 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 60 minutes] Oct 18, 2016, Study Session Format, 6:00 p.m. 1. PUBLIC HEARING: Trans -Pacific Partnership Trade Agreement 2. 2017 Community Dev Block Grant (CDBG) Request for Proposals - 3. Eighth St/McDonald - Eric Guth 4. Governance Manual - Chris Bainbridge 5. Advance Agenda - Mayor Higgins 6. Info Only: CenterPlace Catering [due Tue, Oct 11] - Mark Calhoun (-60 minutes) M. Basinger, C Bates (20 minutes) (15 minutes) (30 minutes) (5 minutes) [*estimated meeting: 130 minutes] Oct 25, 2016, Formal Meeting Format, 6:00 p.m. [due Tue, Oct 18] 1. PUBLIC HEARING: Proposed 2016 Budget Amendment - Chelsie Taylor (10 minutes) 2. PUBLIC HEARING: 2017 Community Dev Block Grant (CDBG) RFP - M Basinger, C Bates(15 mins) 3. Consent Agenda (claims, payroll, minutes) (5 minutes) 4. Second Reading Proposed Ordinance 16-014 Aggressive Solicitation - E.Lamb, K. Morton (10 minutes) 5. Second Reading Proposed Ordinance 16-015 Property Tax - Chelsie Taylor (10 minutes) 6. First Reading Proposed Ordinance 16-016, 2016 Budget Amendment - Chelsie Taylor (10 minutes) 7. First Reading Proposed Ordinance 16-017 Adopting 2017 Budget - Chelsie Taylor (15 minutes) 8. Motion Consideration: Fund Allocations to Social Service & Economic Dev Agencies - C.Taylor (25 min) 9. Motion Consideration: 2017 Community Dev Block Grant (CDBG) RFP - Mike Basinger (15 minutes) 10. Admin Report: Periodic Review Draft Comp Plan, Planning Comm. Findings - Mike Basinger (45 mins) 11. Admin Report: Advance Agenda - Mayor Higgins (5 minutes) 12. Info Only: (a) Dept Reports; [*estimated meeting: 165 minutes] Nov 1, 2016, Study Session Format, 6:00 p.m. 1. CenterPlace Catering - Mike Stone 2. Draft 2017 Fee Resolution - Chelsie Taylor 3. Library District - Cary Driskell, Erik Lamb 4. City Hall Update - Eric Guth 5. Advance Agenda - Mayor Higgins 6. Info Only: Parks Maintenance Contract Draft Advance Agenda 9/29/2016 11:55:21 AM [due Tue, Oct 25] (15 minute) (15 minutes) (30 minutes) (10 minutes) (5 minutes) [*estimated meeting: 75 minutes] Page 1 of 3 Nov 8, 2016, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: Draft Comprehensive Plan and Development Regulations 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Proposed Ordinance 16-016, 2016 Budget Amendment — Chelsie Taylor 4. Second Reading Proposed Ordinance 16-017 Adopting 2017 Budget — Chelsie Taylor 5. First Reading Proposed Ordinance Comp Plan & Dev. Regulations — Mike Basinger 6. Motion Consideration: Sullivan/Euclid PCC Intersection Project Bid Award — Steve Worley 7. Motion Consideration: CenterPlace Catering Contract — Mike Stone 8. Admin Report: LTAC Recommendations to Council — Chelsie Taylor [due Tue, Nov l] (20 minutes) (5 minutes) (10 minutes) (15 minutes) (20 minutes) (10 minutes) (15 minutes) (20 minutes) [*estimated meeting: 115 minutes] Nov 15, 2016, Study Session Format, 6:00 p.m. 1. Parks Maintenance Contract — Mike Stone 2. Advance Agenda — Mayor Higgins Nov 22, 2016, Formal Meeting Format, 6:00 p.m. Proclamation: In Support of Small Business Saturday 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Proposed Ordinance Comp Plan & Dev. Regulations 3. Motion Consideration: Parks Maintenance Contract — Mike Stone 4. Admin Report: Advance Agenda — Mayor Higgins 5. Info Only: Department Reports Nov 29, 2016 — No Meeting — Thanksgiving Holiday Dec 6, 2016, Study Session Format, 6:00 p.m. 1. City Hall Update — Eric Guth 2. Advance Agenda — Mayor Higgins [due Tue, Nov 81 (15 minutes) (5 minutes) [*estimated meeting: minutes] — Mike Basinger [due Tue, Nov 151 (5 minutes) (20 minutes) (10 minutes) (5 minutes) [*estimated meeting: 40 minutes] [due Tue, Nov 291 (10 minutes) (5 minutes) [*estimated meeting: minutes] Dec 13, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Proposed 2017 Fee Resolution — Chelsie Taylor 3. Motion Consideration: Funding Allocation, Lodging Tax — Chelsie Taylor 4. Admin Report: Advance Agenda — Mayor Higgins Dec 20, 2016, Study Session Format, 6:00 p.m. 1. Advance Agenda 2. Info Only: Department Reports (normally due for Dec 27 mtg) Dec 27, 2016 — No Meeting — Christmas Holiday Draft Advance Agenda 9/29/2016 11:55:21 AM [due Tue, Dec 61 (5 minutes) (15 minutes) (25 minutes) (5 minutes) [*estimated meeting: 50 minutes] [due Tue, Dec 131 (5 minutes) [*estimated meeting: minutes] Page 2 of 3 January 3, 2017, Study Session Format, 6:00 p.m. [due Tue, Dec 27] 1. Mayoral Appointment: Two Planning Commissioners (3 -yr. terms) (5 minutes) 2. Mayoral Appointment: Two Members for Lodging Tax Advisory Committee (1 or 2 yr. terms) (5 minutes) 3. Mayoral Appointment: Councilmembers to Various Board and Committees for 2017 (10 minutes) 4. Advance Agenda — Mayor Higgins (5 minutes) [*estimated meeting: 25 minutes] January 10, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Higgins January 17, 2017, Study Session Format, 6:00 p.m. 1. Advance Agenda January 24, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Higgins 3. Info Only: Department Reports January 31, 2017, Study Session Format, 6:00 p.m. 1. Advance Agenda *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: AWC Citizen Action Days (Feb 15-16, 2017) District Court False Alarm Program NLC City Summit (Nov 16-19) Oath of Office Second Amendment Sanctuary City SRTMC Interlocal Agreement Term Limits Undergrounding Water District #3 Lease, Browns Park Draft Advance Agenda 9/29/2016 11:55:21 AM [due Tue, .Ian 3] (5 minutes) (5 minutes) [*estimated meeting: minutes] [due Tue, Jan 10] (5 minutes) [*estimated meeting: minutes] [due Tue, Jan 17] (5 minutes) (5 minutes) [*estimated meeting: minutes] [due Tue, Jan 24] (5 minutes) [*estimated meeting: minutes] Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2016 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Community Development Block Grant Program — Potential CDBG Projects GOVERNING LEGISLATION: Federal Department of Housing and Urban Development (HUD) PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The City of Spokane Valley is a member of the Spokane County Community Development Block Grant (CDBG) Consortium. Each year the Federal Department of Housing and Urban Development provides CDBG entitlement funding to Spokane County. The City receives a 20% set-aside of Spokane County's annual federal appropriation for infrastructure projects. Spokane Valley's share is generally around $270,000 for eligible projects. Although the City has a guaranteed set aside, we must participate in the same application process as all other agencies requesting CDBG funding. To be eligible for CDBG funding, projects must be located in residential, low to moderate income target areas. Proposed projects must also be ranked as a "high priority" in Spokane County's Consolidated Plan, the guiding document for Spokane County's CDBG program. High priority infrastructure projects include water, sewer and street improvements. The CDBG application deadline is November 12, 2016. For the 2017 project year, the City has identified four potential projects that qualify for CDBG funding. An open house is scheduled for October 5, 2016 to discuss potential projects. A public hearing on the proposed projects is scheduled for October 25, 2016. The methodology for selecting projects in the City is to identify sidewalk gaps that make needed pedestrian connections in the CDGB target areas. Proposed projects are consistent with the adopted Comprehensive Plan. The following projects were identified based on an evaluation of sidewalk needs in CDBG target areas. Additional engineering and design are needed for each project. # Proposed CDBG Sidewalk Project Approximate Costs 1 8th Ave — Dickey to Thierman (north side) $620,000 2 Mission Ave — Bates to Union (north side) $610,000 3 Indiana Ave — Pines to Mirabeau Park and Ride (north side) $230,000 4 Flora Rd — Sprague to Broadway (west side) $432,000 OPTIONS: Information Only. RECOMMENDED ACTION OR MOTION: Information Only. BUDGET/FINANCIAL IMPACTS: The City's share of the CDGB grant is expected to cover the total cost of the sidewalk project. STAFF CONTACT: Chaz Bates, Economic Development Specialist Steve Worley, Senior Capital Projects Engineer ATTACHMENTS: 2017 CDBG Sidewalk Project Maps 1 L.r�g�Woat. ` -=Ate,_-_f .,._.�.�. �.. _ .. - - --- s3i-• Legend 2017 CDBG Sidewalk Project 1 = 2017 CDBG Sidewalk Projects BPMP Recommended Sidewalks Projects BPMP Safe Routes to School LMI Target Area School 0 1 250 500 Feet 1 1 Legend 2017 CDBG Sidewalk Project 2 2017 CDBG Sidewalk Projects BPMP Recommended Sidewalks Projects BPMP Safe Routes to School LM I Target Area School z 0 250 500 Feet Legend 2017 CDBG Sidewalk Project 3 2017 CDBG Sidewalk Projects BPMP Recommended Sidewalks Projects BPMP Safe Routes to School LMI Target Area Schoo[ 0 250 500 Feet I r r r [ Mansfield Legend 2017 CDBG Sidewalk Project 4 e=e= 2017 CDBG Sidewalk Projects BPMP Recommended Sidewalks Projects BPMP Safe Routes to School LM I Target Area School 0 250 500 Feet l i r I �' "AGlcow Sprague