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2019, 03-19 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, March 19, 2019 CITY HALL COUNCIL CHAMBERS 10210 E Sprague Avenue (Please Silence Your Cell Phones During the Meeting) 6:00 p.m. DISCUSSION LEADER SUBJECT/ACTIVITY CALL TO ORDER ROLL CALL APPROVAL OF AGENDA 1. Mike Stone; Dr. James Harken Arts Council 2. Bill Helbig GOAL Department of Ecology Agreement Discussion/Information Discussion/Information 3. Cary Driskell, Chris Bainbridge Historical Review of Spokane Valley Discussion/Information Mayoral Ball Events 4. Mark Calhoun 5. Mayor Higgins 6. Mayor Higgins 7. Mark Calhoun ADJOURN House Bill 1406/Senate Bili 5646 Discussion/Information Encouraging Investments in Affordable And Supportive Housing Advance Agenda Council Check in City Manager Comments Discussion/Information Discussion/Information Discussion/Information Study Session Agenda, March 19, 2019 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 19, 2019 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report — Arts Council Discussion. GOVERNING LEGISLATION: Chapter 3.34 SVMC — Acceptance of donations and gifts; chapter 3.46 SVMC — Non -architectural and engineering services. PREVIOUS COUNCIL ACTION TAKEN: Administrative report May 29, 2018. Approval of Agreement with the Spokane Valley Arts Council March 12, 2019. BACKGROUND: The Spokane Valley Arts Council (SVAC) is a not-for-profit 501(c)(3) organization formed in 2004 for the stated purpose of working "with local businesses, civic leaders and artists to cooperatively conceive, develop and implement art -related programs and cultural activities." The SVAC has been instrumental in identifying projects to be constructed and located on property owned by the City for the cultural benefit of our citizens. Examples of their efforts include projects at CenterPlace ("Working the Line" by Jerry McKellar, "Dance of Sun and Moon" by Jerry McKellar) and City Hall ("Coup Ponies" by Jerry McKellar, "Harvest Time on the Big Missouri (commonly known as "the Berry Picker")" by Nancy McLaughlin, and "Great Spirit's Gift" by Ace Powell). "Heart of the Valley" by Richard Warrington is anticipated to be placed at expanded Balfour Park. As you are aware, last week Council approved an agreement with the SVAC that reduced to writing the various aspects of our long-term relationship. Section 4.a. of the agreement requires that the SVAC provide Council with a reasonable advance opportunity to provide input on which sculptures are chosen for donation to the City, recognizing that the ultimate decision to accept or reject any proposed gift of artwork rests solely with the City Council. Section 4.b. of the agreement further specifies that the SVAC provide the City with information at least one year prior to the time a sculpture intended for donation to the City is anticipated to be permanently placed so the City has an opportunity to determine where the piece will be installed and to also budget for the costs related to installing the piece. Now that the agreement has been finalized, the SVAC would like to provide a report to Council on potential projects for 2020 with the ultimate intention that Council and the SVAC reach a consensus on the piece(s) that will be pursued by the SVAC, and perhaps through the City's 2020 Outside Agency Process. Although we currently anticipate including an outside agency process, there is never any guarantee that funds will actually be available or appropriated for this purpose. Additionally, any project(s) proposed by the SVAC would still have to compete against all other applicants for outside agency funding, and would not have a competitive advantage over other applicants. OPTIONS: (1) Discussion; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: This report is intended to begin the conversation between the SVAC and the City Council regarding future art projects. BUDGET/FINANCIAL IMPACTS: Financial impacts will be determined once a piece of art is selected and a location determined. STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation. ATTACHMENTS: Artists information; information about a sculpture owned by Dr. Harken JERRY D. MCKELLAR, SCULPTOR PO BOX 70 COLVILLE, WA 99114 (509) 684-2148 fax (509)685-9114 jdmckellar a©ultraplix. com www. jerrimckellar. com EDUCATION & BACKGROUND GRADUATED UNIVERSITY OF WASHINGTON, DOS DEGREE, JUNE 1969 PRIMARILY A SELF-TAUGHT ARTIST, HIS VIVID IMAGINATION COMBINED WITH INPUT FROM LIFE EXPERIENCES, TRAVEL, AND NATURE INFLUENCE HIS CREATIVE SPIRIT. MCKELLAR'S EDUCATION AT THE UNIVERSITY OF WASHINGTON DENTAL SCHOOL PROVIDED HIM WITH EXTENSIVE STUDIES OF FACIAL AND HUMAN ANATOMY THAT HAS HELPED GREATLY IN SCULPTING THE HUMAN BODY. HE BEGAN MAKING JEWELRY IN DENTAL SCHOOL, AND CONTINUED THROUGHOUT HIS DENTAL CAREER TO EXPERIMENT WITH DIFFERENT ART FORMS, INCLUDING PAINTING, SCRATCHBOARD DRAWING, AND SCULPTING. HE HAS BEEN SERIOUSLY SCULPTING IN BRONZE AND STEEL SINCE 1987 AND RETIRED FROM DENTISTRY IN 1994 TO PURSUE HIS ART CAREER FULL TIME. HE HAS TAKEN PATINA CLASSES, AND HAS EXPANDED ON THAT KNOWLEDGE WITH YEARS OF EXPERIMENTATION. HE CURRENTLY DOES MUCH OF HIS OWN PATINA WORK, INCLUDING HIS LIFESIZE AND LARGER SCULPTURES. CHARACTERISTIC OF MCKELLAR'S WORK IS HIS REALISTIC STYLE, EMBODIED WITH POWER AND MOVEMENT. HIS WORK VARIES FROM EXTREMELY FINE DETAIL TO SMOOTH MUSCLE STUDIES EMPHASIZING THE HUMAN FORM. AS AN ACCOMPLISHED AND INVENTIVE ARTIST, HE IS CONSTANTLY EXPANDING HIS STYLE AND SUBJECT MATTER. MANY MONUMENTAL AND LIFE-SIZE SCULPTURES HAVE BEEN INSTALLED IN PUBLIC AND PRIVATE COLLECTIONS. MUSEUMS/ CORPORATE/ PERMANENT PUBLIC SCULPTURE 2018 "Huckleberry Daze" - Colville, WA 2017 "Coup Ponies" Monument -- City of Spokane Valley, WA 2017 "When Buffalo Roamed" - City of Sioux Falls, SD 2017 Life-size "A Bad Hair Day" - City of Creston, B.C., Canada 2016 "Quiet Bear" - Avera McKennon Hospital Group - Sioux Falls, SD 2015 Monumental "Dance of Sun & Moon" - Spokane Valley, WA 2014 Life-size "Huckleberry Daze - Mason City, IA 2013 Life-size "Huckleberry Daze" - Sheridan, WY 2012 "Into Thin Air" - Permanent Outdoor Collection, Chelan, WA 2010 Life-size "Flower Dancing in the Wind" - Sioux Falls, SD 2010 "Message to Sky Father" Kessler Canyon Guest Ranch - DeBeque, CO 2010 Life-size Steel Mountain Goat Nanny & Kid - City of Chelan, WA 2009 Life-size Steel Mountain Goats - City of Chelan, WA 2009 Monumental "Working the Line" - City of Spokane Valley, WA 2008 Life-size "Flower Dancing in the Wind" - City of Chelan, WA 2007 Monumental "Dance of Sun & Moon - El Monte Sagrado Resort & Spa, Taos, NM 2007 Monumental "Working the Line" - Sublette County Visitor Center, Pinedale, WY 2006 Steel Wall Sculpture- Colville Public Library - Colville, WA 2005 Monumental "Dance of Sun & Moon" - Casa del Sol y Luna, Lake Forest, IL 2005 Life-size "Flower Dancing in the Wind" - City of Sheridan, WY 2005 Monumental "Bow Stringer" - Beaver Creek Lodge, Beaver Creek, CO 2005 Life-size "Huckleberry Daze"- Kessler Canyon Guest Ranch, DeBeque, CO 2004 Life-size "Huckleberry Daze" Beaver Creek Lodge, Beaver Creek, CO 2004 "He Hunts at Night" -Steel, 10' H - Kessler Canyon Guest Ranch, DeBeque, CO 2003 "Working the. Line" - Clymer Museum. Permanent Collection, Ellensburg,WA 2001 Life-size "Flower Dancing in the Wind"- Fountain Hills Civic Assoc., Fountain Hills, AZ 2001 "New Guinea Tribesman" - Kessler Collection Boardroom, Orlando, FL 2000 Monumental "Bow Stringer" - Celebration Hotel, Celebration, FL 1999 "Bow Stringer"- Bennington Center for the Arts, Bennington, VT 1999 "Shawl Dancer"- Bennington Center for the Arts, Bennington, VT 1999 "Challenger" -Steel Sculpture, 10' H- City of Ellensburg, WA 1999 "Bow Stringer" - University of Montana Permanent Collection, Missoula, MT 1998 "First of the Season" - Nora Eccles Harrison Museum of Art, Logan, UT 1997 "Osage Silver" - Clymer Museum Permanent Collection, Ellensburg, WA HONORS AND AWARDS 2017 "When Buffalo Roamed" People's Choice Award - Sioux Falls, SD 2017 -- "Coup Ponies"- Spokane Valley Arts Council Board Choice Award - Spokane Valley, WA 2016 "When Wealth Was Pelts" Best of Show - Sioux Falls Sculpture Walk- Sioux Falls, SD 2015 "Quiet Bear" - People's Choice Award - Avera Sculpture Walk - Sioux Falls, SD 2014 "Indomitable Spirit" (life-size) Bronze Award City Art Sculpture Tour, Mankato, MN 2013 Selected as Charter Member of the C. M.Russell Museum Skull Society of Artists 2013 "Indomitable Spirit"(life-size) Best in Show Sculpture Tour Eau Claire, Eau Claire, WI 2013 "A Bad Hair Day" (life-size) 2nd Place Bronze City Art Sculpture Tour, Mankato, MN 2012 "A Bad Hair Day" (life-size). People's Choice Best in Show Bronze -Sculpture Tour Eau Claire, Eau Claire WI 2012 "Indomitable Spirit" (life-size) Director's Award -Sculpture Walk, Sioux Falls, SD 2012 "Double Trouble" People's Choice Award- Lake Chelan Juried Art Show, Chelan, WA 2011 "Dog Society" Best Artisan Award- Lake Chelan Juried Art Show, Chelan, WA 2010 "Flower Dancing in the Wind" (fife -size) People's Choice Award -Sculpture Walk Sioux Fails, SD 2010 "Broken Promises" People's Choice Best Sculpture Award- C.M. Russell Show, Great Falls, MT 2010 " A Bad Hair Day" - Patrons' Choice Award- Spokane Valley Arts Council, Spokane Valley, WA 2010 "A Bad Hair Day" Best Artisan Award- Lake Chelan Juried Art Show, Chelan, WA 20.09 "Message to Sky Father" People.'s. Choice Best Sculpture Award - CJ1L Russell Show,_ Great Falls, MT 2006 "Coup Ponies" CM Russell Museum CEO Award -C.M. Russell Museum, Great Falls, MT 2006 "Coup Ponies" People's Choice Best Sculpture Award- C.M. Russell Show, Great Falls, MT 2005 "Otter Woman" People's Choice Best Sculpture Award C.M. Russell Show, Great Falls, MT 2004 "Working the Line" Award for Excellence - JH Urology Conference, Jackson, WY 2003 "Working the Line" Western Art Assoc. Purchase Award - Western Art Show, Ellensburg, WA 2003 "Working the Line" Old West Museum Gallery Award- Western Spirit Art Show, Cheyenne, WY 2002 "Indomitable Spirit" John Clymer Award- Western Art Show, Ellensburg, WA 2001 "Serenity" 2nd Place Contemporary Sculpture- Phippen Western Art Show, Prescott,. AZ. 1999 "Bow Stringer" Juried Annual Exhibition- National Sculpture Society, NY, NY 1999 "First of the Season" 2nd Place Traditional Sculpture- Phippen Western Art Show, Prescott, AZ 1998 "Woope's Gift" Best of Show/Bronze- Western Art Show, Ellensburg, WA 1998 "Bow Stringer" Honorary Award/Traditional Sculpture- Phippen Western Art Show, Prescott, AZ 1997 "Osage Silver" Artists' Choice Award - C.M Russell Show, Great Falls, MT 1997 "Osage Silver" Best Sculpture- C.M. Russell Show, Great Falls, MT 1997 "Osage Silver" Purchase Award- Clymer Museum, Ellensburg, WA 1997 "Time of the Cold Maker" 1st Place/3 Dimensional- Spokane Western Art Show, Spokane, WA 1996 "Kit Fox Lance Bearer" Best of Show/ Bronze- Western Art Show, Ellensburg, WA 1995 "Black Raven" Best of Show/ Bronze - Western Art Show, Ellensburg, WA 1994 "Kwottenal Kanye" 2ND Place Bronze- SCI Art Competition, Reno, NV 1993 "On Eagles' Wings" Best of Show/ Bronze- Western Art Show, Ellensburg, WA COMMISSIONS 2017 "Wind Spirit" to 1 1/4 Life-size Monument -- Kessler Collection Commission 2017 EOD Sculpture "The Homecoming" - Private Commission 2016 EOD (Explosive Ordinance Disposal) Memorial Sculpture "The First Goodbye"- Private Commission 2015 "Defiance" - Mirror Image - Private Commission 2014 Two bronze award trophies for SCI, Tucson, AZ 2013 Steel Mountain Goat - Private Commission - Chelan, WA 2013 Bronze Longhorn Bull- "The Boss", Private Commission- Boerne, TX 2012- Life-size steel Mountain Goat - Private Commission - Chelan, WA 2010- Life-size burro "A Bad Hair Day" - Private Commission, Boerne, TX 2010- Steel Mountain Goats (2 additional) - Rotary Club for the City of Chelan, WA 2009- Steel Mountain Goats - Rotary Club for the City of Chelan, WA 2008- Bas-relief bronze sculptures- "Big 5" motorcycle - Mountain Choppers, Colville, WA 2006- Caroline Lambert Grassell Foundation, Pinedale, WY -Monumental "Working the Line" 2006- Life-size "Coup Ponies" (4 horses/1 rider) Private Commission -Sandy, Utah 2006 Stevens County Library - steel "Reading Tree" - Colville, WA 2005 -Rocky Mountain Elk Foundation, Missoula, MT - Elk bust "The Challenge" 2004 -Spokane, WA Ronald McDonald House - life-size bear prototype for Spokane Fundraiser 2004- 16' Monument, "Dance of Sun & Moon" Private Commission - Lake Forest, IL 1999- 8 112' Monumental "Bow Stringer" - Private Commission - Hygiene, CO 1997- Private Commission - Sculpture, "Last Load", Seattle, WA 1995 Rotary International - Original Sculpture for Rotary International President - Calgary, Alberta MEMBERSHIPS: 2013 -Charter Member - C.M. Russell Museum- The Russell Skull Society of Artists National Sculpture Society - Colleague Member Western Art Association Past Member Artist Advisory Board Spokane Valley Arts Council Lake Chelan Arts Council MEDIA Art Chowder Magazine -feature article- MarchlApril 2017 Spokesman -Review - Dance of Sun & Moon Installation -March 2015 KSPS Spokane Public Television - Northwest Profile Segment -May 2015 YouTube -- Northwest Profiles: Patina Pizazz Cover Safari Award Magazine - Spring 2015 The Current -- Spokane Valley News Magazine - March 2015 KVCL Radio -- 2 day interview segment April 2015 Statesman -Examiner- August 2013 Western Art Collector Magazine - February 2010 Spokesman -Review Feature - September 2009 Art of the West Magazine - Mar/April 2008 Coeur d'Alene Magazine - Winter 2005 InformArt Magazine- Winter Issue 2005,2002 Southwest Art Magazine - July 2001 Art of the West - November/December 2000, July/Aug 2005 InformArt Magazine - Summer Issue -1999 Sculpture Forum Magazine - Summer 1998 indulge Magazine - Art Review - Summer Issue 1998 Washington State Dental Alumni Magazine - Fall 1997 PAST & CURRENT EXHIBITIONS/ SHOWS Western Masters Show Juried Outdoor Sculpture Juried Outdoor Sculpture Jurie.cd Outdoor Sculpture Juried Outdoor Sculpture Juried Outdoor Sculpture Juried Outdoor Sculpture Invitational "Magnificent 7" Artist -- C.M. Russell Show Juried Outdoor Sculpture Walk Maryhill Museum 2004 Outdoor Sculpture Invitational 2004 Juried Outdoor Sculpture Art on the Plaza C.M. Russell Show Loveland Sculpture Invitational National Sculpture Society Annual Exhibition (1999) Old West Museum 2003 & 2004 Western Spirit Show Will Rogers Masters Trappings Exhibition Old. West Museum 2003 Gallery Awards Art Show Phippen Western Art Show Museum of Fine Arts, University of Montana Jagen Und Fischen Show (SCI Pavilion) Shared Visions Exhibition/Clymer Museum Mountain Oyster Club Art Show Great Falls, MT Sioux Falls, SD Eau Claire, WI Mankato., MN_ Mason City, IA Castlegar, B.C., Canada Sheridan, WY Great Falls, MT Gillette, WY Goldendale, WA Sheridan, WY Great Falls, MT Loveland, CO New York, NY Cheyenne, WY Fort Worth, TX Cheyenne, WY Prescott, AZ Missoula, MT Munich, Germany Ellensburg, WA Tucson, AZ Art Associates of the Missoula Art Museum Trails West Western Art Show Spokane Western Art Show Artists for Open Space Fred Oldfield Western Heritage Center Thunderbird Artists Caswell Gallery Out of Africa Exhibition RMEF Banquet Program Artist National Western Art Show REFERENCES MR. JIM CLARK, DIRECTOR SCULPTURE WALK SIOUX FALLS 300 S. PHILLIPS AVE. # L104 SIOUX FALLS, SD 57104 605-838-8102 sculpturewalksf@gmail.com DR. JAMES HARKEN SPOKANE VALLEY ARTS COMMITTEE 13314 E. NORA SPOKANE VALLEY, WA 99216 (509) 924-5009 MR. RICHARD KESSLER, CEO THE KESSLER COLLECTION 4901 VINELAND RD., SUITE 650 ORLANDO, FL 32811 (407) 996-9999 Missoula, MT Vancouver, WA Spokane, WA Bigfork, MT Tacoma, WA Carefree, AZ Troutdale, OR Missoula, MT Ellensburg, WA Installations at Beaver Creek Lodge, Beaver Creek, CO Kessler Canyon Ranch, Grand Junction, CO Celebration Hotel, Celebration, FL, EL Monte Sagrado, Taos, NM & Gallery affiliation Grand Bohemian Gallery BARB KOENIG MAIN STREET GALLERY & LAKE CHELAN ARTS COUNCIL 208 E. WOODINIPOB 911 CHELAN, WA 98816 (509) 682-9262 PAM EGGEMEYER SPIRITS IN THE WIND GALLERY 1211 WASHINGTON AVE. GOLDEN, CO 80401 r "INDOMITABLE SPIRIT" MAN'S UNENDING STRUGGLE TO BE SET FREE TESTIFIES TO HIS INDOMITABLE SPIRIT. 9e ~04 ifloot a* &AwarMohandas Ghandi "INDOMITABLE SPIRIT" JERRY MCKELLAR, SCULPTOR "Indomitable Spirit" was created as a tribute to man's strength of spirit and determination to never give up. I have used a clean, classical body form and minimal amount of ornamentation inspired by my study of the great European masters. I've tried to emphasize the power, beauty, and movement of the human body, and also design different surface textures for added compositional interest and varied effects on the stone patina. The sculpture has three figures. One figure with coarse anatomic detail is encased in stone, the second figure is bound and kneeling, and the third figure, with more detailed anatomy has finally broken free. The regular size edition of this sculpture won the "Clymer Award" at the Ellensburg National Art Show & Auction, May 2002 j10'1.)i.;uvvc'Tik 7LE -Ws P � � "HUCKLEBERRY DAZE" In 2004 the artist was commissioned by the Ronald McDonald House of Spokane to create a life-size bear for its annual fundraiser. McKellar donated his creative abilities for the original bear, which was then cast in fiberglass, decorated, and painted by local artists. The bears were displayed throughout the city of Spokane during the summer and fall of 2005 before being auctioned to raise funds for the Ronald McDonald House, This life-size, More realistic, but nonthreatening grizzly bear, was then created as a limited edition bronze sculpture by the artist. 3/6/2019 Bob Wilfong VIEW ALL ARTWORK Artists Info - Bob Wilfong - Pitzer's Fine Arts About the Artist: Bob began his sculpting career in 1993 when he couldn't find a bronze penguin for Joh, his wife. "The impelling force that began my sculpting was the love for my wife and the desire to make bronze penguins for her collection. Prior to that time, I had never shown any artistic talent, nor inclination. In fact, when I did an art show in my home town, my elementary music teacher informed me that I had previously kept my talent "well hidden". Only recently have I begun drawing and painting and I never draw my sculptural ideas. These are completely visualized and come from within. I feel this is what gives them their essence. As I became more aware of my talent and as I developed my technique, my desire became to explore the breadth of my abilities. I feel my art is a form of sympathetic communication through which my feelings are transferred to the viewer for their own interpretation." Although it seems strange for a banker to become a sculptor, his background supported his new venture. Graduating from the University of Idaho with a degree in biology, Bob had a strong background in anatomy, and more importantly, an appreciation for the beauty of life. Drafted into the military after graduation Bob continued his inquiry into the "essence of life" as a medical researcher and was published a number of times. More importantly he developed technical skills, which would later become elemental in bringing clay to life. Bob's original works were all animals as he sought to understand his creative gift with reproducing creatures he knew best. Bob's new work explores the consciousness of man and his relationship to his surroundings. Bob feels that art in all its forms should move people to a higher level of consciousness and give them pride and understanding in who and what they are. It is the responsibility of the artist to create original and stimulating artwork to act as the catalyst. "I believe the primary element of good art is its ability to stimulate emotional responses in the viewer. I have found it easier to convey emotions through simplicity of lines and reductions of form. I have also found that creativity propagates creativity and releases both the artist and the viewer from traditional forms of interpretation. Henry Moore felt there were a number of universal archetypal forms which stimulate our subconscious. I concur and in my art I am pursuing those forms that will provide new presentations and interpretations of man' s desires and aspirations that reconnect him to an understanding of self." http://www.pitzersart.com/Artist-Info.cfm?ArtistslD=1632&Collection=&info=CV&ppage=72 1/2 Bob and Jo Wilfong BJ WILFONG BRONZES bjwilfongg hotmail. com 702-325-2476 Alabama Arizona California Colorado Florida Georgia "It Takes Three" "The Journey" -9 "To Dance As One" v% -e_ cc -- "First Lessons" "Our Destinies Entwined" 7' "Dance of Love, Dance of Life" "The Great Escape" "On The Wings of Love" "Our Destinies Entwined" "Soul Survivor" "The Calling" "The Journey" "To Dance As One" "To Dance As One" "Dance of Love, Dance of Life" "Dance of Love, Dance of Life" "First Lessons" "The Great Escape" "If I Could But Fly" "The Journey" "It Takes Three" "On The Wings of Love" "On The Wings of Love" "On The Wings of Love" "Our Destinies Entwined" "Our Destinies Entwined" "Our Destinies Entwined" "Soul Survivor" "To Dance As One" "To Dance As One" "To Dance As One" +� r 19- "On 9 "On The Wings of Love" MONUMENTS Illinois "Our Destinies Entwined" "Our Destinies Entwined" "Our Destinies Entwined" "Rock Star" "The Journey" w,41- ei-sr^zvti KocY - 0 5cAft-- 1 5 �t�l do to a � University of South Alabama University of South Alabama Private Private Private [P Corporate Corporate Private Private Private Private Private Private Rrivate r1e/1 Pr Corporate Private Private Private Private Private Corporate Corporate Private Private Private Private Corporate Private Private Private Private vns+. Private 11-5 r -c. ?cnc.. t hd1i1�,,�; Village of Barlett Private Private Private Private `r CAN.A.-L...c v errvalti Pri L) ®T Gr. r.:_zw-fD Indiana Iowa Massachusetts Minnesota Missouri Montana Nevada New Mexico New York North Carolina Texas Utah "Dance of Love, Dance of Life" "It Takes Three" "On The Wings of Love" "On The Wings of Love" "Soul Survivor" "To Dance As One" "To Dance As One" "To Dance As One" "Our Destinies Entwined" "To Dance As One" "On The Wings of Love" "Our Destinies Entwined" "To Dance As One" "Dance of Love, Dance of Life" 44 "Choices?" "Dance of Love, Dance of Life" "First Lessons" "First Lessons" "It Takes Three" "On The Wings of Love" "Soul Survivor" "To Dance As One" "Dance of Love, Qance. of Life" "To Dance As One" "Dance of Love, Dance of Life" "Dance of Love, Dance of Life" "One The Wings of Love" "On The Wings of Love" "Our Destinies Entwined" "To Dance As One" "Dance of Love, Dance of Life" "Our Destinies Entwined" "Our Destinies Entwined" "To Dance As One" "Dance of Love, Dance of Life" . _. "Rock Star" Washington "The Journey" Private Private Corporate Private Private Private Private Private Private Private Private Private 2-0+, Cs meJtr?1.�`- Z Louis University Museum of Art Private Nevada State College Corporate Private Corporate Corporate Corporate Corporate Corporate Pr i via. r Civ 4.2.0 v afL Private Corporate Private Private Private Private Private Corporate Private Private Private c oy-rpOr..,r� Private Park City Eccles Performing Arts Center Park City Eccles Performing Arts Center Private Wyoming "Finding Balance" Downtown Casper West Virginia "On The Wings of Love" Private Wisconsin "The Great Escape" Private Australia "On The Wings of Love" Private Mexico "Our Destinies Entwined" Private P t�tiT h�0Tia ry tr, dca 1`L Cet ria 14,2,e4-1- S 4,4 c ons ROCK STAR Page 1 of Hail box Center °rom: "James Harken" <jameshharken@gmail.com> ro: <mbcspokane@msn.com> >ent: Wednesday, September 06, 2017 10:41 AM >ubject: Fwd: Ascent Sculpture Info Begin forwarded message: From: "Isaiah Price" <isaiahprice( garyleeprice.com> Subject: Ascent Sculpture Info Date: September 5, 2017 at 9:42:22 PM GMT To: <jameshharken(c gmail.com> Dr. Harken, Sorry it has taken me so long to respond back to you! The 8a€h" version of a€oeAscenta€ sold out back in 2000 for $40,000. According to inflation, I estimate the value of that to be around $57,000 now, plus any perceived value added being that It is limited edition and sold out. Personally, I would place that value somewhere in the neighborhood of $65 - $75,000 (however, we are not an official art appraiser). Hopefully that helps *� The only other large, free-standing version still available is the 16a€T" version. Retail is $158,400 + shipping. I have included a couple of photos for your reference. Thank you so much, and please let me know anything I can do to assist you in the future! Have a great day, Isaiah Price Executive V.P. / Business Manager Gary Lee Price Studios, Inc. Alchemy Arts, LLC Phone: 801.489.6852 Fax: 801.489.9588 www.garyleeprice.com isaiahprice@garyleeprice,com a€ceDo not go where the path may lead, go instead where there is no path and leave a trail.a€ -Ralph Waldo Emerson Page 3 of 3 WA /1n_t CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 19, 2018 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Drywell Retrofit Program — Department of Ecology Agreement GOVERNING LEGISLATION: RCW 90.48, Chapter 173-200 WAC, Title 33 U.S.C. 1251-1376; Storm and Surface Water Utility: SVMC 3.80; Aquifer Protection Area Fund: RCW 36.36. The Federal Clean Water Act of 1987, Section 319, Chapter 173-95A WAC PREVIOUS COUNCIL ACTION TAKEN: • October 21, 2014 — Administrative Report discussing Washington State Department of Ecology stormwater grant opportunities resulting in consensus to apply for grants. • November 13, 2018 — Ordinance 18-024 adopting the 2019 City Budget, including $832,600 for Fund 403 (Aquifer Protection Area Fund) expenditures. BACKGROUND: The Department of Ecology through the Water Quality Program for State Fiscal Year (SFY) 2016, issued a call for projects on September 1, 2014. Consensus from City Council to apply for grants was received on October 21, 2014. On July 07, 2015 this project was selected by the Department of Ecology for award, contingent on funding availability. In 2016, Ecology received direction from the Legislature to delay funding for 67 state-wide stormwater projects proposed to receive funding from the Stormwater Financial Assistance Program (SFAP) in SFY16 and SFY17. These delays were necessary to address a shortfall in the Model Toxics Control Act funds and were accompanied by significant reductions in both operating and capital budgets, across many environmental program areas. This stormwater project application was included on the SFY16 and SFY17 list of delayed projects. On February 23, 2018 the City was informed by the Department of Ecology that the 2017 — 2019 Washington State Biennial Budget successfully addressed these shortfalls, and Ecology was authorized to resume agreement negotiation for this project. The Department of Ecology Water Quality Agreement will be used to supplement the Stormwater Utility Drywell Retrofit Program. This program retrofits existing drywells with pretreatment, basic treatment, and enhanced treatment facilities. These facilities provide varying levels of water quality treatment and long term maintenance benefits. The facilities include but are not limited to catch basins, CDS units, infiltration trenches, and bioinfiltration swales. These drywell retrofits will be incorporated into pavement preservation projects or independent stormwater projects focused on drywells assessed as high priority for mitigation. It is anticipated that retrofit efforts associated with this Agreement will occur through the year 2023. OPTIONS: Consensus from council to include this agreement on the March 26 agenda for motion approval consideration; or other appropriate action. RECOMMENDED ACTION OR MOTION: Council consensus to include this agreement on the March 26 agenda for motion approval consideration. BUDGET/FINANCIAL IMPACTS: Preliminary contributing construction estimate of $ 910,000 for improvements, with up to $682,500 reimbursed by Ecology. The following is a summary of the financial information. Ecology Share City Share (Fund 403) Total Eligible Costs $ 682,500.00 (75%) $ 227,500.00 (25%) $ 910,000.00 There are sufficient funds available in Fund 403, Aquifer Protection Area Fund, to cover 2019 expenditures associated with this Agreement. Subsequent Annual City Budgets will also identify sufficient funding in Fund 403 for future years' expenditures. STAFF CONTACT: Bill Helbig, PE — City Engineer Chad Phillips, PE — Stormwater Engineer ATTACHMENTS: PowerPoint Presentation Department of Ecology Water Quality Agreement Drywell Retrofit Program Department of Ecology ancial Assistance Agreement March 19,.201 Spokane Valle Bill Helbig, PE City Engineer Drywell Retrofit Program March 19, 2019 Department of Ecology Water Quality Agreement 2014: Project Grant Application 2015: Project Grant Award — No Funding 2018: Legislature Provided Funding Financial / Cost Information Ecology Share $ 682,500.00 (75%) City Share (Fund 403) $ 227,500.00 (25%) Total Eligible Costs $ 910,000.00 Spokane .000 Valley 3 Drywell Retrofit Program March 19, 2019 Retrofit Drywell Systems (Pretreatment, Basic Treatment, Enhanced Treatment) In Conjunction with Pavement Preservation Projects Or Independent Stormwater Projects Focused on High Priority Drywells. Spokane .000 Valley Questions March 19, 2019 4 Spokane .000 Valley DEPARTMENT OF ECOLOGY WI1 State of Washington Agreement No. WQC-2016-SpoVal-00120 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF SPOKANE VALLEY This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and City of Spokane Valley, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Drywell Retrofit with Pavement Preservation Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: $910,000.00 $910,000.00 $682,500.00 $227,500.00 07/01/2018 12/31/2023 Stormwater Facility Project Short Description: This project will improve water quality in the Spokane Valley-Rathdrum Prairie Aquifer through installation of drywells with pretreatment at various locations in the City of Spokane Valley. This project will provide treatment for total suspended solids (TSS) and oil (Total Petroleum Hydrocarbons). Project Long Description: The City of Spokane Valley is located over the Spokane Valley-Rathdrum Prairie (SVRP) Aquifer. The SVRP Aquifer is designated as a sole source aquifer by EPA and provides drinking water to about 500,000 people. The SVRP Aquifer is also connected to the Spokane and Little Spokane Rivers, both of which are 303(d) listed impaired water bodies with total maximum daily loads (TMDLs) in place for dissolved oxygen and dissolved metals. The entire City of Spokane Valley is a Critical Aquifer Recharge Area and urban stormwater runoff is currently being injected into the ground with varying levels of pretreatment. In 2014, the RECIPIENT conducted an Ecology -funded drywell assessment to determine which drywells were State of Washington Department of Ecology Page 2 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley most likely to impair ground water quality. The assessment rated existing drywells and ranked them as "high priority", "medium priority", or "low priority" for retrofit. Drywells ranked as high" and "medium" priority for retrofit are those that are located in close proximity to potable water wells or surface water bodies, are in high density or high traffic areas, or are not protected from pollutants by catch basins and/or spill prevention control. The RECIPIENT will install pretreatment devices upstream of drywells in a minimum of eight project locations. Each project location will include at least one drywell ranked as "high" or "medium" priority for retrofit. The total area treated for all project locations will be at least four acres of pollution generating impervious surface (PGIS). The RECIPIENT will describe the project location selection process in the Design Report. This project will reduce and total suspended solids (TSS) and oils that are injected directly into the ground. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley RECIPIENT INFORMATION Organization Name: City of Spokane Valley Federal Tax ID: 71-0914170 DUNS Number: 168240617 Mailing Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 Physical Address: 10210 East Sprague Avenue Spokane Valley, Washington 99206 Organization Email: cityhall@spokanevalley.org Organization Fax: Contacts (509) 921-1008 Page 3 of 40 Project Manager Chad Phillips Assistant Stormwater Engineer 10210 E. Sprague Ave. Spokane Valley, Washington 99206 Email: cphillips@spokanevalley.org Phone: (509) 720-5013 Billing Contact Jonathan Lakey Accountant/Budget Analyst 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: jlakey@spokanevalley.org Phone: (509) 720-5046 Authorized William Helbig Signatory City Engineer 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: bhelbig@spokanevalley.org Phone: (509) 921-1000 Version 10/30/2015 State of Washington Agreement No: Project Title: Recipient Name: Department of Ecology WQC-2016-Spo Val -00120 Drywell Retrofit with Pavement Preservation City of Spokane Valley ECOLOGY INFORMATION Mailing Address: Physical Address: Contacts Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Page 4 of 40 Project Manager Brandy Reynecke 4601 N Monroe Street Spokane, Washington 99205-1295 Email: brey461@ecy.wa.gov Phone: (509) 329-3421 Sarah Zehner Financial Water Quality Financial Manager Manager PO Box 47600 Olympia, Washington 98504-7600 Email: szeh461@ecy.wa.gov Phone: (360) 407-7196 Doug Howie Technical Senior Stormwater Engineer Advisor PO Box 47600 Olympia, Washington 98504-7600 Email: DOH0461@ecy.wa.gov Phone: (360) 407-6444 Version 10/30/2015 State of Washington Department of Ecology Page 5 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology City of Spokane Valley By: By: Heather R. Bartlett Water Quality Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 Date William Helbig City Engineer Date State of Washington Department of Ecology Page 6 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley SCOPE OF WORK Task Number: 1 Task Cost: $0.00 Task Title: Project Administration/Management Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout report. * Properly maintained project documentation Recipient Task Coordinator: Art Jenkins Project Administration/Management Deliverables Number Description Due Date 1.1 Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report Version 10/30/2015 State of Washington Department of Ecology Page 7 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley SCOPE OF WORK Task Number: 2 Task Cost: $0.00 Task Title: Design Plans and Specs, Environmental Review Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA) documentation. B. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and federal permits, licenses, easements, or property rights necessary for the project. C. The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate cultural resources review the RECIPIENT will: 1. Submit an ECOLOGY 05-05/106 Form, or a cultural resources survey or assessment completed by a licensed archaeologist to ECOLOGY. All submitted materials must conform to the Washington State Standards for Cultural Resource Reporting (DAHP February 2014). 2. Develop and submit an Inadvertent Discovery Plan (IDP) to ECOLOGY. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. An IDP template may be found on the ECOLOGY website. Ground disturbing work (including geotechnical investigations) completed prior to receiving written notice to proceed from ECOLOGY shall not be eligible for reimbursement. D. The RECIPIENT will develop a project Design Report. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload a digital copy of the items listed below to EAGL for review. Reduce design figures to 11x17 inches in size and ensure they are legible. 1. Design Report. For a complete list of required design report elements refer to the ECOLOGY website. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report Acceptance Letter prior to proceeding to 90 Percent design. 2. 90 Percent Design Package. At a minimum, this package must include 90 percent plans, specifications, engineer's opinion of cost which includes a schedule of eligible costs, and project construction schedule. For current bid inserts and specifications refer to the ECOLOGY website. Version 10/30/2015 State of Washington Department of Ecology Page 8 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design Acceptance Letter prior to proceeding Final Design. 3. The RECIPIENT will upload a digital copy of the Final Bid Package to EAGL for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer's opinion of cost including a schedule of eligible costs, and project construction schedule. Task Goal Statement: The RECIPIENT will complete all design, environmental review, and permitting tasks and respond to ECOLOGY comments in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the State Environmental Policy Act, cultural resource protection requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state, and local laws and regulations. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley Recipient Task Coordinator: Chad Phillips Design Plans and Specs, Environmental Review Deliverables Page 9 of 40 Number Description Due Date 2.1 Copy of SEPA determination documentation. Upload to EAGL and notify ECOLOGY when upload is complete. 2.2 Submit ECOLOGY 05-05/106 Form and any supplemental cultural resources documentation including Cultural Resource surveys directly to the Ecology Project Manager. Upload the Final Determination Letter to EAGL. 2.3 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY when upload is complete. 2.4 Design Report. Upload one copy of the Design Report to EAGL and notify ECOLOGY when upload is complete. 2.5 Responses to ECOLOGY Design Report comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.6 Ecology Design Report Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.7 90 Percent Design Package. Upload one copy of the 90 -Percent Design Package to EAGL and notify ECOLOGY when upload is complete. 2.8 Responses to ECOLOGY 90 Percent Design Plan comments. Upload to EAGL and notify ECOLOGY when upload is complete. 2.9 Ecology 90 Percent Design Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.10 List of permits acquired, and environmental review documents. Upload to EAGL and notify ECOLOGY when upload is complete. 2.11 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is complete. 2.12 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Page 10 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: SCOPE OF WORK Drywell Retrofit with Pavement Preservation City of Spokane Valley Task Number: 3 Task Cost: $0.00 Task Title: Construction Management Task Description: A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed construction quality assurance plan to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Once accepted by Ecology, upload to EAGL. C. The RECIPIENT will conduct a pre -construction conference meeting and invite ECOLOGY to attend. D. The RECIPIENT will submit an updated project schedule with projected cash flow to ECOLOGY within 30 days of the start of construction. The RECIPIENT will revise and/or update the project schedule whenever major changes occur and at a minimum of every three months. The RECIPIENT will submit the updated schedule to ECOLOGY with the quarterly report. When changes in the construction schedule affect previous cash flow estimates, The RECIPIENT must submit revised cash flow projections to ECOLOGY. Prior to execution, the RECIPIENT will submit in writing any eligible change orders that are a significant deviation from ECOLOGY -accepted plans and specifications for ECOLOGY review and acceptance for payment. ECOLOGY must review and accept all change orders that impact grant eligible activities prior to implementation. ECOLOGY must review all other change orders for technical merit and should be submitted within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal to ECOLOGY for acceptance. E. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. Additionally, the RECIPIENT will develop and submit an operations and maintenance (O&M) plan for all Water Quality Best Management Practices to ECOLOGY for review. The O&M plan will describe how the RECIPIENT will ensure project success consistent with the design manual used. The O&M plan must also address long-term activities to assure ongoing pollutant removal and flow -control capability of the project in accordance with the design manual. F. Upon completion of construction, the RECIPIENT will provide to ECOLOGY: 1. A Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications and major change orders approved by ECOLOGY's Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. 2. GIS compatible project area in Shapefile, Geodatabase file, or ECOLOGY -Approved Equivalent. The project area should include features for treatment facilities and contributing areas. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all requested project documentation. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley Task Expected Outcome: Project will be constructed on schedule and in accordance with accepted plans. Recipient Task Coordinator: Chad Phillips Construction Management Deliverables Page 11 of 40 Number Description Due Date 3.1 Construction Quality Assurance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.2 Pre -construction conference meeting minutes. Upload to EAGL and notify ECOLOGY when upload is complete. 3.3 Project Schedule. Upload to EAGL using naming convention D3.3 SCHEDULE MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.4 Revised cash flow estimates when changes in construction schedule occur. Upload to EAGL using naming convention D3.4 CASHFLOW MO -DA -YEAR and notify ECOLOGY when upload is complete. 3.5 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. 3.6 Copy of Facility Operation and Maintenance Plan. Submit to ECOLOGY for review and acceptance. Upload to EAGL and notify ECOLOGY when upload is complete. 3.7 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. 3.8 Project Area Shapefile, Geodatabase file, or ECOLOGY -approved Equivalent. The project area should include features for treatment facilities and contributing areas. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Page 12 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley SCOPE OF WORK Task Number: 4 Task Cost: $910,000.00 Task Title: Construction Task Description: A. The RECIPIENT will, in accordance with ECOLOGY -accepted plans and specifications, complete construction of the project. The construction project will include installing pretreatment devices at a minimum of eight locations with at least one first or second priority drywell. In total, this project will mitigate runoff from at least four acres of pollution generating impervious surfaces. B. Calculate and submit an equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in Appendix M of the funding guidelines for State Fiscal Year 2018 Combined Water Quality Financial Assistance Program or other ECOLOGY -accepted method. Task Goal Statement: Project will be constructed in accordance with ECOLOGY -accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reductions in TSS and oil. Recipient Task Coordinator: Chad Phillips Construction Deliverables Number Description Due Date 4.1 Copy of the contract documents (e.g. bid announcement, bid award and bid tabulations). Upload to EAGL and notify ECOLOGY when upload is complete. 4.2 Copy of signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 4.3 Construction progress reports and photos included in progress reports uploaded to EAGL. 4.4 Completed equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete. Version 10/30/2015 State of Washington Department of Ecology Page 13 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: BUDGET Drywell Retrofit with Pavement Preservation City of Spokane Valley Funding Distribution EG190350 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: SFAP Funding Type: Grant Funding Effective Date: 07/01/2018 Funding Expiration Date: 12/31/2023 Funding Source: Title: SFAP - SFY16 Type: State Funding Source %: 100% Description: Environmental Legacy Stewardship Account (ELSA) - State Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Approved State Indirect Rate: 0% 25% No No Is this Funding Distribution used to match a federal grant? No SFAP Task Total Project Administration/Management $ 0.00 Design Plans and Specs, Environmental Review $ 0.00 Construction Management $ 0.00 Construction $ 910,000.00 Total: S 910,000.00 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley Funding Distribution Summary Recipient / Ecology Share Page 14 of 40 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total SFAP 25.00 % $ 227,500.00 $ 682,500.00 $ 910,000.00 Total $ 227,500.00 $ 682,500.00 $ 910,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: "Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. "Administrative Requirements" means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. "Annual Debt Service" for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. "Centennial Clean Water Program" means the state program funded from various state sources. "Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of the project. "Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "Effective Date" means the earliest date on which eligible costs may be incurred. "Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge. Version 10/30/2015 State of Washington Department of Ecology Page 15 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley "Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT. "Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. "Equivalency" means projects designated by ECOLOGY to meet additional federal requirements. "Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. "Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. "Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. "Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines" means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. "Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. "Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. "Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable. Version 10/30/2015 State of Washington Department of Ecology Page 16 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley "Loan Fund" means the special fund of that name created by ordinance or resolution of the RECIPIENT for the repayment of the principal of and interest on the loan. "Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan. "Loan Term" means the repayment period of the loan. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents. "Principal and Interest Account" means, for a loan that constitutes Revenue -Secured Debt, the account of that name created in the loan fund to be first used to repay the principal of and interest on the loan. "Project" means the project described in this agreement. "Project Completion Date" means the date specified in the agreement on which the Scope of Work will be fully completed. "Project Schedule" means that schedule for the project specified in the agreement. "Reserve Account" means, for a loan that constitutes Revenue -Secured Debt, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. "Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. "Scope of Work" means the tasks and activities constituting the project. "Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. "State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. Version 10/30/2015 State of Washington Department of Ecology Page 17 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley "Termination Date" means the effective date of ECOLOGY's termination of the agreement. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding. "Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY's Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. C. Cultural Resources: The RECIPIENT shall: 1) The RECIPIENT shall comply with all applicable federal, state and local environmental laws, statutes, regulations, executive orders, and permits. 2) The RECIPIENT shall comply with Ecology's Archaeological Resource and Historic Property review process. The RECIPIENT agrees that in no case shall construction activities, ground disturbance, or excavation of any kind, begin until provisions of this process are complied with. The RECIPIENT is responsible for developing a complete Inadvertent Discovery Plan (IDP). The IDP must be immediately available upon request by any party. The IDP must be readily available and be implemented to address any discovery. The RECIPIENT shall implement the procedures in Version 10/30/2015 State of Washington Department of Ecology Page 18 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley the IDP, and immediately notify ECOLOGY, the Department of Archeology and Historic Preservation (DAHP), and tribal representatives, if human remains, cultural, or archeological resources are discovered in the course of ground disturbing activities. For more details regarding requirements under this provision, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment reimbursement. Washington State's Department of Enterprise Services (DES) issues all payments. DES maintains a central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the registration process online at: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES Payee Help Desk at (360) 664-7779 or payeehelpdesk@des.wa.gov. E. Equipment Purchase: Equipment not included in the scope of work or the Ecology approved construction plans and specifications, must be pre -approved by ECOLOGY's project manager before purchase. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from ECOLOGY's Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. Version 10/30/2015 State of Washington Department of Ecology Page 19 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State. However, ECOLOGY may accept as eligible technical assistance, proposed practices, or project designs that do not meet these standards if approved in writing by the NRCS and ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND ONLY CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. 2. Clean Water Act Section 319 Initial Data Reporting Sheet or the "Section 319 Initial Data Reporting" form in EAGL. A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project. B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology's Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use." C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting" form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on pollutant load reductions for each best management practice (BMP) installed as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. Version 10/30/2015 State of Washington Department of Ecology Page 20 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System of Accounting". B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at: https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit submissions, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/. C. Archaeological Resources and Historic Properties (Section 106): See Section 2.0 of the terms and conditions of this agreement, the RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). D. Consultant Cap: The RECIPIENT shall ensure that loan or grant funds provided under this agreement to reimburse for costs incurred by individual consultants (excluding overhead) is limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS -18), to be adjusted annually. The Executive Schedule can be found at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed. Contracts for services awarded using the procurement requirements in Subpart D of 2 CFR 200 are not affected by this limitation unless the terms of the contract provide the RECIPIENT with responsibility for the selection, direction, and control of the individuals who shall be providing services under the contract at an hourly or daily rate of compensation. See 2 CFR 1500.9 for additional information. E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that the organization's information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government Version 10/30/2015 State of Washington Department of Ecology Page 21 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, and State and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part, and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, Version 10/30/2015 State of Washington Department of Ecology Page 22 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley engineers, vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1. Opinion of RECIPIENT's Legal Council 2. Authorizing Ordinance or Resolution 3. Federal Funding Accountability and Transparency Act (FFATA) Form 4. CWSRF Federal Reporting Information form available in EAGL Version 10/30/2015 State of Washington Department of Ecology Page 23 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley 5. Fiscal Sustainability Plan Certification (only required if the project includes construction of a wastewater or stormwater facility construction) A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. E. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: http://www. ecy.wa.gov/programs/wq/funding/FundPrgm s/CW SRF/SignageGuidanceJune2015. pdf. F. Free Service: The RECIPIENT shall not furnish utility service to any customer free of charge if providing that free service affects the RECIPIENT's ability to meet the obligations of this agreement. G. Insurance: The RECIPIENT shall at all times carry fire and extended coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and with policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, or it shall self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. Version 10/30/2015 State of Washington Department of Ecology Page 24 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a "Loan Amount") shall bear interest based on the interest rate identified in this agreement as the "Effective Interest Rate," per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments semiannually over the term of this loan "Loan Term" as outlined in this agreement. I. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all of the other agreements and obligations on its part contained herein shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4. For Revenue -Secured: Lien Position. This loan is a Revenue -Secured Debt of the RECIPIENT's Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Version 10/30/2015 State of Washington Department of Ecology Page 25 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a formal amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT's payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY's Revenue/Receivable Manager of the Fiscal Office. Version 10/30/2015 State of Washington Department of Ecology Page 26 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley J. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Reserve Requirement: For loans that are Revenue -Secured Debt with terms greater than five years, the RECIPIENT must accumulate a reserve for the loan equivalent to at least the Average Annual Debt Service on the loan during the first five years of the repayment period of the loan. This amount shall be deposited in a Reserve Account in the Loan Fund in approximately equal annual payments commencing within one year after the initiation of operation or the project completion date, whichever comes first. "Reserve Account" means, for a loan that constitutes Revenue -Secured Debt, an account of that name created in the Loan Fund to secure the payment of the principal and interest on the loan. The amount on deposit in the Reserve Account may be applied by the RECIPIENT (1) to make, in part or in full, the final repayment to ECOLOGY of the loan amount or, (2) if not so applied, for any other lawful purpose of the RECIPIENT once the Loan Amount, plus interest and any other amounts owing to ECOLOGY, have been paid in full. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the loan Fund and used to pay the principal of and interest on the loan. The ULID Assessments in the ULID may be deposited into the Reserve Account to satisfy a Reserve Requirement if a Reserve Requirement is applicable. K. Maintenance and Operation of a Funded Utility: The RECIPIENT shall at all times maintain and keep a funded Utility in good repair, working order and condition and also shall at all times operate the Utility and the business in an efficient manner and at a reasonable cost. L. Opinion of RECIPIENT's Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the Version 10/30/2015 State of Washington Department of Ecology Page 27 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley RECIPIENT" to ECOLOGY before this agreement shall be signed. ECOLOGY will provide the form. M. Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. N. Litigation; Authority: No litigation is now pending, or to the RECIPIENT's knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation -secured loans and general obligation payable from special -assessment -secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. O. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the Version 10/30/2015 State of Washington Department of Ecology Page 28 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. P. Sale or Disposition of Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the Utility or any real or personal property comprising a part of the Utility unless: 1. The facilities or property transferred are not material to the operation of the Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the Utility or are no longer necessary, material, or useful to the operation of the Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the Utility from the portion of the Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the DEPARTMENT. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. Q. Sewer -Use Ordinance or Resolution: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer -use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system. 2) Prohibit inflow of stormwater. 3) Require that new sewers and connections be properly designed and constructed. R. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. Version 10/30/2015 State of Washington Department of Ecology Page 29 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the "Termination Payment Date"). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults," any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair value of such property. Version 10/30/2015 State of Washington Department of Ecology Page 30 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. S. User -Charge System: The RECIPIENT certifies that it has the legal authority to establish and implement a user -charge system and shall adopt a system of user -charges to assure that each user of the utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the utility, to establish a reserve to pay for replacement, to establish the required Loan Reserve Account, and to repay the loan. WATER QUALITY COMBINED FINANCIAL ASSISTANCE TERMS AND CONDITIONS LAST UPDATED ON 10/04/2016 GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, Version 10/30/2015 State of Washington Department of Ecology Page 31 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology Page 32 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (haps://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: Version 10/30/2015 State of Washington Department of Ecology Page 33 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@watech.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. Version 10/30/2015 State of Washington Department of Ecology Page 34 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact Version 10/30/2015 State of Washington Department of Ecology Page 35 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified Version 10/30/2015 State of Washington Department of Ecology Page 36 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to Version 10/30/2015 State of Washington Department of Ecology Page 37 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of Version 10/30/2015 State of Washington Department of Ecology Page 38 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, , https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 27. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the Version 10/30/2015 State of Washington Department of Ecology Page 39 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work Version 10/30/2015 State of Washington Department of Ecology Page 40 of 40 Agreement No: WQC-2016-SpoVal-00120 Project Title: Recipient Name: Drywell Retrofit with Pavement Preservation City of Spokane Valley completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Version 10/30/2015 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 19, 2019 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Brief History of the Mayor's Ball Events for Spokane Valley. GOVERNING LEGISLATION: n/a. PREVIOUS COUNCIL ACTION TAKEN: During the Advance Agenda item at the January 22, 2019, Council meeting, Councilmember Peetz mentioned that we used to have a mayor's ball; she stated further that she thinks it would be good to implement that again and perhaps include showcasing a nonprofit like those associated with our outside agency applicants; she suggested other potential considerations including a silent auction to raise money to do a project, some awards specific to Spokane Valley, and perhaps highlight some staff and members of law enforcement to publicly thank them for their public service. At least four Councilmembers indicated they were interested in hearing a report. BACKGROUND: Prior to our City's official incorporation date of March 31, 2003, the members of Council were planning not only for the City's incorporation celebration, but for the City's first, Mayor's Ball. Then Mayor DeVleming launched the idea of having a Mayor's Ball as a further venue to celebrate our new city, and to provide a fun, black -tie event. Although the event was advertised as formal attire and many people wore tuxedos and ball gowns, many others came in sports jackets, suits, or other formal or semi -formal attire. Through the work of all Councilmembers, their spouses, the Chamber of Commerce and many other members of the community, details were determined of where to hold the event, the date and time, sponsors for the event, table sponsors, advertising, ticket prices, ticket printing, ticket selling, program design and printing, menu, music (a live band), decorations, commemorative pins and wine glasses, photography opportunities, set up and clean up, and a ball theme which was usually chosen by the current mayor. The current mayor acted as the event's MC and usually gave a brief speech as a means of welcoming everyone, to thank and acknowledge the sponsors, to acknowledge Miss Spokane Valley and her ambassadors, and to brag a little about some of the things accomplished by our young city. No City staff members were involved in organizing or planning these balls unless they did so voluntarily on their off -work hours. As an aside, the $40.00 per person ticket price included dinner, dancing, and a memento of the occasion. Members of Council and their spouses generally formed a reception line as people would come into the ball room. The events were held in late March or early April, with the first event held March 29, 2003, and the last event held March 21, 2009. OPTIONS: Discussion/information RECOMMENDED ACTION OR MOTION: Discussion/information. BUDGET/FINANCIAL IMPACTS: These events were not funded by taxpayer money, nor were they a City function. Funds to hold the Ball were raised each year by Councilmembers in their individual capacity or by the Spokane Valley Chamber of Commerce. STAFF CONTACT: City Attorney Cary Driskell; City Clerk Chris Bainbridge. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 19, 2019 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: 2019 Legislative Session — SHB 1406 and SB 5646 Encouraging Investments in Affordable and Supportive Housing. GOVERNING LEGISLATION: • RCW 84.52.105 - Affordable housing levies authorized — Declaration of emergency and plan required • RCW 82.14.530 - Sales and use tax for housing and related services • RCW 82.14.460 — Sales and use tax for chemical dependency or mental health treatment services or therapeutic courts • RCW 71.24.385 — Behavioral health organizations — Mental disorder program development • RCW 39.34 — Public contracts and indebtedness PREVIOUS COUNCIL ACTION TAKEN: During the Advance Agenda portion of the March 5, 2019 Council meeting, Councilmember Wick asked for a report on HB 1406 and SB 5646 — Encouraging Investments in Affordable and Supportive Housing - that are currently being contemplated by the State Legislature. BACKGROUND: The 2019 Legislative Session is underway and the House and Senate are each considering companion bills - SHB 1406 which was approved on March 5th, and SB 5646, that are designed to encourage investments in affordable and supportive housing. The bills are each titled "Encouraging Investments in Affordable and Supportive Housing" and appear to be nearly identical. The bills: • Create a new section in chapter 82.14 RCW which governs sales and use tax. This new section authorizes county and city legislative authorities to implement a local sales tax of up to .02% (of which .01% would be newly adopted sales tax by a city, which would then qualify the city/county for an additional .01% credit from existing state sales tax revenues, thus reducing the total state sales tax rate by the .01% and increasing the city/county rate by the same amount to be used for qualifying expenditures) under the following conditions: 1. For the first 12 months following the effective date of the bill: ■ a city levying a qualifying local tax; ■ a city located in a county that declares it will not levy the tax; and ■ a county within its unincorporated areas and within the limits of a city that declares it will not levy the tax. 2. Beginning 12 months after the effective date of the bill: ■ a city levying a qualifying local tax; and ■ a county within its unincorporated areas and within the limits of a city that is not levying the tax. 3. Beginning 12 months after the effective date of the bill, cities without a qualifying tax may impose a rate of .01%, and a county may impose a rate of .01% within the limits of a city imposing the tax at .01%. A county may not levy the tax within the limits of a city imposing the tax at .02%. 1 4. Noteworthy is that options 1 and 2 above require the implementation of an additional tax of up to .02% (of which .01 % would be newly adopted sales tax by a city, which would then qualify the city/county for an additional .01% credit from existing state sales tax revenues, thus reducing the total state sales tax rate by the .01% and increasing the city/county rate by the same amount to be used for qualifying expenditures). Option 3 however has no requirement for a local tax increase, but limits the credit against the state sales tax to .01%. • A "qualifying local tax" is defined as: 1. The affordable housing levy which is a property tax of up to fifty cents per thousand dollars of assessed value that may be imposed by a city or county when specifically authorized to do so by a majority of the voters (RCW 84.52.105), or 2. The sales and use tax for housing and related services not to exceed one-tenth of one percent that may be imposed by a county upon the approval of the county voters (RCW 82.14.530), or 3. The sales and use tax for chemical dependency and mental health treatment services of one-tenth of one percent that may be imposed by a county (RCW 82.14.460). • To impose the tax, a county or city legislative authority must adopt a resolution of intent within six months of the effective date of the bill and impose the tax within one year. • The amount a county may collect in any fiscal year is limited based on taxable retail sales for state fiscal year 2019, and the amount a city may collect in any state fiscal year is limited based on taxable retail sales in the jurisdiction for state fiscal year 2018. For example, if Spokane Valley were to avail itself of this provision, our maximum amount we could collect each year would be approximately $259,000. • Housing and services may only be provided to persons whose income is at or below 60% of the county median income. • A county or city may enter into an interlocal agreement to provide affordable or supportive housing. • Counties or cities imposing the tax must submit annual reports on the collection and uses of the revenue to the Department of Commerce. • The tax expires 20 years after the jurisdiction first imposes the tax. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Information/discussion only. If Council indicates a desire to pursue this program staff will seek implementation guidance. BUDGET/FINANCIAL IMPACTS: A tax rate of .01% would generate approximately $259,000 based upon State Fiscal Year 2018. STAFF CONTACT: Mark Calhoun, City Manager ATTACHMENTS: House Bill Report — SHB 1406 Substitute House Bill 1406 2 HOUSE BILL REPORT SHB 1406 As Passed House: March 5, 2019 Title: An act relating to encouraging investments in affordable and supportive housing. Brief Description: Encouraging investments in affordable and supportive housing. Sponsors: House Committee on Housing, Community Development & Veterans (originally sponsored by Representatives Robinson, Macri, Chapman, Valdez, Senn, Peterson, Kloba, Tharinger, Gregerson, Stanford, Walen, Doglio, Frame, Jinkins, Riccelli, Slattei, Ormsby and Santos). Brief History: Committee Activity: Housing, Community Development & Veterans: 2/1/19, 2/6/19 [DPS]; Finance: 2/21/19, 2/25/19 [DPS(HOUS)]. Floor Activity: Passed House: 3/5/19, 66-32. Brief' Summary of Substitute Bill • Authorizes the governing body of a county or city to impose a local sales tax, credited against the state sales tax, for affordable or supportive housing. HOUSE COMMITTEE ON HOUSING, COMMUNITY DEVELOPMENT & VETERANS Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 9 members: Representatives Ryu, Chair; Morgan, Vice Chair; Gildon, Ranking Minority Member; Barkis, Assistant Ranking Minority Member; Corry, Entenrnan, Frame, Leavitt and Reeves. Staff: Serena Dolly (786-7150). HOUSE COMMITTEE ON FINANCE Majority Report: The substitute bill by Committee on Housing, Community Development & Veterans be substituted therefor and the substitute bill do pass. Signed by 9 members: This analysis was prepared by non-partisan legislative staff for the use of legislative naenzbers in their deliberations. This analysis is not a pari of the legislation nor does it constitute a statement of legislative intent. House Bill Report SHB 1406 Representatives Tarleton, Chair; Walen, Vice Chair; Chapman, Frame, Macri, Morris, Orwall, Springer and Wylie. Minority Report: Do not pass. Signed by 4 members: Representatives Orcutt, Ranking Minority Member; Young, Assistant Ranking Minority Member; Stokesbary and Vick. Staff: Richelle Geiger (786-7139). Background: Sales and Use Tax. Retail sales taxes are imposed on retail sales of most articles of tangible personal property, digital products, and some services. A retail sale is a sale to the final consumer or end user of the property, digital product, or service. If retail sales taxes were not collected when the user acquired the property, digital products, or services, then use taxes apply to the value of property, digital product, or service when used in this state. The state, all counties, and all cities levy retail sales and use taxes. The state sales- and use -tax rate is 6.5 percent; local sales- and use -tax rates vary from 0.5 percent to 3.9 percent, depending on the location. Summary of Substitute Bill: County and city legislative authorities are authorized to implement a local sales tax to fund affordable or supportive housing. The maximum rate imposed may not exceed either 0.01 percent or 0.02 percent. For the first 12 months following the effective date of the bill, the maximum rate of 0.02 percent is available only to: • a city levying a qualifying local tax; • a city Iocated in a county that declares it will not levy the tax; and • a county within its unincorporated areas and within the limits ofa city that declares it will not levy the tax. Beginning 12 months after the effective date of the bill, the maximum rate of 0.02 percent is available only to: • a city levying a qualifying Local tax; and • a county within its unincorporated areas and within the limits of a city that is not levying the tax. Beginning 12 months after the effective date of the bill, cities without a qualifying tax may impose a rate of 0.01 percent, and a county may impose a rate of 0.01 percent within the limits ofa city imposing the tax at 0.01 percent. A county may not levy the tax within the limits ofa city imposing the tax at 0.02 percent. A "qualifying local tax" is defined as the affordable housing levy, the sales and use tax for housing and related services, or the sales and use tax for chemical dependency and mental health treatment services or therapeutic courts. To impose the tax, a county or city legislative authority must adopt a resolution of intent within six months of the effective date of the bill and impose the tax within one year. House Bill Report - 2 - SHE 1406 The tax is credited against the state sales tax collected in the jurisdiction. The amount a county or city may collect in any state fiscal year is limited based on taxable retail sales in the jurisdiction for state fiscal year 2019. A county or city may bond against the revenue. The revenue collected or bonds issued may only be used for: • acquiring, rehabilitating, or constructing affordable housing, including new units of affordable housing within an existing structure or facilities providing supportive housing services to individuals with mental or behavioral disorders; or • operations and maintenance costs of new units of affordable or supportive housing. Counties with a population of 400,000 or less and cities with a population of 100,000 or less may also use the revenue to provide rental assistance to tenants. Housing and services may only be provided to persons whose income is at or below 60 percent of the county median income. A county or city may enter into an interlocal agreement with one or more other counties, cities, or housing authorities to provide affordable or supportive housing. Counties and cities imposing the tax must submit annual reports on the collection and uses of the revenue to the Department of Commerce (COM), and the COM must submit a report annually to the appropriate legislative committees. The tax expires 20 years after the jurisdiction first imposes the tax. Appropriation: None. Fiscal Note: Available. Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed. Staff Summary of Public Testimony (Housing, Community Development & Veterans): (In support) Communities across the state are struggling with affordable housing issues. Many people are paying more than 50 or 60 percent of income on rent. People are living in places that are not meant to be housing, such as cars or streets. Others are on the verge of homelessness. People without homes are dying an the streets. The revenue in this bill targets people who need it most. Housing is needed to help relieve behavioral health issues. Without progress on the housing issue, there cannot be progress on the behavioral health crisis. People in crisis need housing to stabilize. Housing is healthcare. Without housing, treatment for mental illness or substance abuse cannot be successful. Affordable housing investments save money in the long term. House Bill Report - 3 - SHB 1406 It is difficult to find resources to fund affordable housing. Federal benefits have been maxed out for three years. The capital budget is strained. This bill will allow access to the Medicaid supportive housing benefit. The bill will also provide much needed options for local investments in housing. It will allow local governments to leverage additional resources with bonding capacity. This bill will also generate much needed resources to maintain existing affordable housing. This is not a new tax mechanism. In the first year, this bill will allow Pierce County to build 177 new units of affordable housing and preserve 32 existing units. Additional resources would allow the Renton Housing Authority to build new units of affordable housing on land that it already owns. In some parts of the city, increasing rents are displacing long-term residents. The City of Seattle has a 35 -year track record of using its own funds for housing, including an affordable housing levy. The city has prioritized investments for most vulnerable populations with supportive housing. These investments leverage private investments. The City of Seattle had to deny funding to 11 projects with 1,200 affordable units. (Opposed) None. Staff Summary of Public Testimony (Finance): (In support) Without stable housing, behavioral health treatment does not work. Those recovering need stable housing or their recovery will fail. This bill is a critical piece to the puzzle of behavioral health treatment. Investment in affordable housing now will save the state money in the long run with lower behavioral health care costs. This bill will help the subpopulation of the homeless who battle with severe mental illness. This will help them move forward. This bill will help homeless veterans who need clean and sober housing to be eligible for veterans' court. Housing stability improves educational attainment, mental and physical health outcomes, and is necessary for a successful work force. Many children are in unstable situations and this bill could help some of them. The affordable housing stock is not adequate all over the state, not just in urban areas. In some areas of the state, not even 10 percent of the need is met. This is an efficient revenue tool for all communities, large and small, because it can be used to leverage other revenue sources, such as local debt capacity and, increasingly rare, federal dollars. The lack of resources is the greatest hinderance to a city's response to the housing crisis. Counties are using the resources they have at their disposal, suet' as the real estate excise tax and cities sharing revenue, but there are not enough to address the crisis. There are great projects that are in the planning phase but the guaranteed funding in the coming year is low. Additional resources are needed to get them off the ground. The competition for current funding sources is fierce. In Washington's housing market, no matter how hard some work, they will never be able to enter the housing market. House Bill Report - 4 - SHS 1406 This tax mechanism has been used to house many of our local professional sports teams. It should be used to house the people who need it most. This bill is the result of collaboration among many stakeholders and legislators. The affordable housing crisis is the top legislative priority for many organizations. (Opposed) None. Persons Testifying (Housing, Community Development & Veterans): Representative Robinson, prime sponsor; I,en McComb, Community Health Network and Washington State Hospital Association; Mark Santos -Johnson, City of Renton; Paul Benz, Faith Action Network; Kim Herman, Washington State Housing Finance Commission; Michele Thomas, Washington Low Income Housing Alliance; Joe Roszak and Monica Bernhard, Kitsap Mental Health Services; Ashley Martin, Community Frameworks; Emily Alvarado, City of Seattle; Greg Winter, Opportunity Council; Amanda DeShazo, Tacoma -Pierce County Affordable Housing Consortium; Mark Smith, Housing Consortium of Everett and Snohomish County; Carl Schroeder, Association of Washington Cities; Nathan Gorton, Washington Realtors; Juliana Roe, Washington State Association of Counties; Kathy Haigh, Mason County Housing Authority; and Saeed Hajarizadeh, Vancouver Affordable Housing and Association of Washington Housing Authorities. Persons Testifying (Finance): Representative Robinson, prime sponsor; Len McComb, Community Health Network of Washington and Washington State Hospital Association; Michele Thomas, Washington Low Income Housing Alliance; Mark Smith, Housing Consortium of Everett and Snohomish County; Carl Schroeder, Association of Washington Cities; Monica Bernhard, Kitsap Housing and Homeless Coalition; Joe Roszak, Kitsap Mental Health; Jennifer Gregerson, City of Mukilteo; Josh Weiss, Skagit County; Mike Cooney, City of Chelan; Juliana Roe, Washington State Association of Counties; and Tom Davis, Mason County Veterans Mentoring. Persons Signed In To Testify But Not Testifying (Housing, Community Development & Veterans): None. Persons Signed In To Testify But Not Testifying (Finance): None. House Bill Report - 5 - SHB 1406 H-0773.2 HOUSE BILL 1406 State of Washington 66th Legislature 2019 Regular Session By Representatives Robinson, Macri, Chapman, Valdez, Senn, Peterson, Kloba, Tharinger, Gregerson, Stanford, Walen, Doglio, Frame, Jinkins, Riccelli, Slatter, Ormsby, and Santos Read first time 01/21/19. Referred to Committee on Housing, Community Development & Veterans. 1 AN ACT Relating to encouraging investments in affordable and 2 supportive housing; and adding a new section to chapter 82.14 RCW. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 NEW SECTION. Sec. 1. A new section is added to chapter 82.14 5 RCW to read as follows: 6 (1) The definitions in this subsection apply throughout this 7 section unless the context clearly requires otherwise. 8 (a) "Nonparticipating city" is a city that does not impose a 9 sales and use tax in accordance with the terms of this chapter. 10 (b) "Nonparticipating county" is a county that does not impose a 11 sales and use tax in accordance with the terms of this chapter. 12 (c) "Participating city" is a city that imposes a sales and use 13 tax in accordance with the terms of this chapter. 14 (d) "Participating county" is a county that imposes a sales and 15 use tax in accordance with the terms of this chapter. 16 (e) "Qualifying local tax" means the following tax sources, if 17 the tax source was instated within one year after the effective date 18 of this section: 19 (i) The affordable housing levy authorized under RCW 84.52.105; 20 (ii) The sales and use tax for housing and related services 21 authorized under RCW 82.14.530; and p. 1 HB 1406 1 (iii) The sales tax for chemical dependency and mental health 2 treatment services or therapeutic courts authorized under RCW 3 82.14.460. 4 (2)(a) A county or city legislative authority may authorize, fix, 5 and impose a sales and use tax in accordance with the terms of this 6 chapter. 7 (b) The tax under this chapter is assessed on the selling price 8 in the case of a sales tax, or value of the article used, in the case 9 of a use tax. 10 (c) The rate of the tax under this chapter for an individual 11 participating city and an individual participating county may not 12 exceed: 13 (i) Until twelve months after the effective date of this section: 14 (A) One one-hundredth percent for a: 15 (I) Participating city, unless the participating city levies a 16 qualifying local tax; and 17 (II) Participating county, within the limits of nonparticipating 18 cities within the county; 19 (B) Two one -hundredths percent for a: 20 (1) Participating city that levies a qualifying local tax; 21 (II) Participating city if the county in which it is located 22 declares they will not levy the sales and use tax authorized under 23 this section; and 24 (III) Participating county within the unincorporated areas of the 25 county and any city that declares they will not levy the sales and 26 use tax authorized under this section; 27 (ii) Beginning twelve months after the effective date of this 28 section: 29 (A) One one-hundredth percent for a: 30 (I) Participating city that is located within a participating 31 county if the participating city is not levying a qualifying local 32 tax; and 33 (II) Participating county, within the limits of a participating 34 city if the participating city is not levying a qualifying local tax; 35 (B) Two one -hundredths percent within the limits of a: 36 (1) Participating city that is levying a qualifying local tax; 37 and 38 (II) Participating county within the unincorporated area of the 39 county and within the limits of any nonparticipating city that is 40 located within the county. p. 2. HB 1406 1 (d) A county may not levy the tax authorized under this section 2 within the limits of a participating city that levies a qualifying 3 local tax. 4 (e)(i) In order for a county or city legislative authority to 5 impose the tax under this chapter, the authority must adopt: 6 (A) A resolution of intent to adopt legislation to authorize the 7 maximum capacity of the tax in this chapter within six months of the 8 date in which this section takes effect; and 9 (B) Legislation to authorize the maximum capacity of the tax in 10 this chapter within one year of the date on which this section takes 11 effect. 12 (ii) Adoption of the resolution of intent and legislation 13 requires simple majority approval of the enacting legislative 14 authority. 15 (iii) If a county or city has not adopted a resolution of intent 16 in accordance with the terms of this chapter, the county or city may 17 not authorize, fix, and impose the tax. 18 (3) The tax imposed under this chapter must be deducted from the 19 amount of tax otherwise required to be collected or paid to the 20 department of revenue under chapter 82.08 or 82.12 RCW. The 21 department must perform the collection of such taxes on behalf of the 22 county or city at no cost to the county or city. 23 (4) By December 31, 2019, or within thirty days of a county or 24 city authorizing the tax under this chapter, whichever is later, the 25 department must calculate the maximum amount of tax distributions for 26 each county and city authorizing the tax under this chapter as 27 follows: 28 (a) The maximum amount for a participating county equals the 29 taxable retail sales within the county in state fiscal year 2019 30 multiplied by the tax rate imposed under this section. If a county 31 imposes a tax authorized under this section after a city located in 32 that county has imposed the tax, the taxable retail sales within the 33 city in state fiscal year 2018 must be subtracted from the taxable 34 retail sales within the county for the calculation of the maximum 35 amount; and 36 (b) The maximum amount for a city equals the taxable retail sales 37 within the city in state fiscal year 2018 multiplied by the tax rate 38 imposed under subsection (1) of this section. 39 (5) The tax must cease to be distributed to a county or city for 40 the remainder of any fiscal year in which the amount of tax exceeds p. 3 HB 1406 1 the maximum amount in subsection (4) of this section. The department 2 must remit any annual tax revenues above the maximum to the state 3 treasurer for deposit in the general fund. Distributions to a county 4 or city meeting the maximum amount must resume at the beginning of 5 the next fiscal year. 6 (6)(a) If a county has a population greater than four hundred 7 thousand or a city has a population greater than one hundred 8 thousand, the moneys collected or bonds issued under this section may 9 only be used for the following purposes: 10 (i) Acquiring, rehabilitating, or constructing affordable 11 housing, which may include new units of affordable housing within an 12 existing structure or facilities providing supportive housing 13 services under RCW 71.24.385; or 14 (ii) Funding the operations and maintenance costs of new units of 15 affordable or supportive housing. 16 (b) If a county has a population of four hundred thousand or less 17 or a city has a population of one hundred thousand or less, the 18 moneys collected under this section may only be used for the purposes 19 provided in (a) of this subsection or for providing rental assistance 20 to tenants. 21 (7) The housing and services provided pursuant to subsection (6) 22 of this section may only be provided to persons whose income is at or 23 below sixty percent of the median income of the county imposing the 24 tax. 25 (8) In determining the use of funds under subsection (6) of this 26 section, a county or city must consider the income of the individuals 27 and families to be served, the leveraging of the resources made 28 available under this section, and the housing needs within the 29 jurisdiction of the taxing authority. 30 (9) To carry out the purposes of this section including, but not 31 limited to, financing loans or grants to nonprofit organizations or 32 public housing authorities, the legislative authority of the county 33 or city imposing the tax has the authority to issue general 34 obligation or revenue bonds within the limitations now or hereafter 35 prescribed by the laws of this state, and may use, and is authorized 36 to pledge, the moneys collected under this section for repayment of 37 such bonds 38 (10) A county or city may enter into an interlocal agreement with 39 one or more counties, cities, or public housing authorities in 40 accordance with chapter 39.34 RCW. The agreement may include, but is p. 4 HB 1406 1 2 3 4 5 6 7 8 9 prescribing content of such 10 annually thereafter, and in 11 department of commerce must 12 13 14 15 not limited to, pooling the tax receipts received under this section, pledging those. taxes to bonds issued by one or more parties to the agreement, and allocating the proceeds of the taxes levied or the bonds issued in accordance with such interlocal agreement and this section. (11) Counties and cities imposing the tax under this section must report annually to the department of commerce on the collection and use of the revenue. The department of commerce must adopt reports. By December 1, 2019, compliance with RCW 43.01.036, submit a report annually to rules and the the appropriate legislative committees with regard to such uses. (12) The tax imposed by a county or city under this section expires twenty years after the date on which the tax is first imposed. --- END - p. 5 HB 1406 DRAFT ADVANCE AGENDA as of March 14, 2019; 9:00 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings March 26, 2019, Formal Meeting Format, 6:00 p.m. [due Tue March 191 Proclamation: 2020 Census Awareness Day 1. Consent Agenda (claims, payroll, minutes,Interagency Agreement w/Dept of Enterprise Svs) (5 minutes) 2. Second Reading Proposed Ordinance 19-003 Amending 2019 Budget — Chelsie Taylor (10 minutes) 3. Motion Consideration: Federal Highway Bridge Program Grant — Adam Jackson, Bill Helbig (10 minutes) 4. Motion Consideration: Bid Award, Argonne Road, Valleyway to Broadway — Gloria Mantz (10 minutes) 5. Motion Consideration: Department of Ecology Agreement, Drywell Retrofit Program — B. Helbig (10 min) 6. Admin Report: Spokane Co. Regional Homelessness Funding — Morgan Koudelka, Chaz Bates (15 minutes) 7. Admin Report: Advance Agenda — Mayor Higgins (5 minutes) 8. Info Only: Department Reports [*estimated meeting: 65 mins] April 2, 2019, Study Session, 6:00 p.m. [due Tue March 261 ACTION ITEMS: 1. Motion Consideration: Bid Award, Mission Avenue Sidewalk — Bill Helbig (10 minutes) 2. Motion Consideration: Bid Award, University, 16th to Dishman Mica — Bill Helbig (10 minutes) NON -ACTION ITEMS: 3. Pavement Preservation — Adam Jackson, Bill Helbig; Linda Pierce w/Nichols Engineers (60 minutes) 4. Proposed Street Vacation, NE Industrial Area — Colin Quinn -Hurst (15 minutes) 5. Electrical Inspections — Jenny Nickerson (10 minutes) 6. Advance Agenda — Mayor Higgins (5 minutes) [*estimated meeting: 110 mins] April 9, 2019, Formal Meeting Format, 6:00 p.m. [due Tue April 21 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Proposed Resolution Setting Planning Commission St.Vacation Public Hearing — Colin Quinn -Hurst (10 min) 3. Motion Consideration: Bid Award, Wilbur Avenue Sidewalk — Bill Helbig (10 minutes) 4. Admin Report: Update on Tourism Venues — John Hohman, Chelsie Taylor, Mike Stone (15 minutes) 5. Admin Report: Advance Agenda — Mayor Higgins (5 minutes) [*estimated meeting: 45 mins] April 16, 2019, Study Session, 6:00 p.m. [due Tue April 91 ACTION ITEM: 1. Motion Consideration: Bid Award Knox Sidewalk, Hutchinson to Sargent — Bill Helbig (10 minutes) NON -ACTION ITEMS: 2. Report on Crisis Co -response Team — Chief Werner, et al (30 minutes) 3. Comp Plan Amendments 2019 — Lori Barlow, Mike Basinger (20 minutes) 4. Advance Agenda — Mayor Higgins (5 minutes) [*estimated meeting: 65 mins] April 23, 2019, Formal Meeting Format, 6:00 p.m. [due Tue April 161 Proclamation: Older American's Month 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Motion Consideration: Bid Award, Evergreen Crossing, Mission to Indiana — Gloria Mantz (10 minutes) 3. Motion Consideration: Bid Award, Midilome Neighborhood S.Imp. Project-A.Jackson, G.Mantz (10 min) 4. Admin Report: Police Department Quarterly Report — Chief Werner (10 minutes) 5. Admin Report: Advance Agenda — Mayor Higgins (5 minutes) 6. Info Only: Department Reports [*estimated meeting: 40 mins] Draft Advance Agenda 3/14/2019 1:39:07 PM Page 1 of 2 April 30, 2019, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Higgins Mav 7, 2019, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Higgins Mav 14, 2019, Formal Meetin2 Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. First Reading Ordinance, Comp Plan Amendments — Lori Barlow, Mike Basinger 3. Admin Report: Advance Agenda — Mayor Higgins May 21, 2019, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Higgins Mav 28, 2019, Formal Meetin2 Format, 6:00 p.m. 1. Advance Agenda — Mayor Higgins 2. Second Reading Ordinance, Comp Plan Amendments — Lori Barlow, Mike Basinger 3. Info Only: Department Reports June 4, 2019, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Higgins June 11, 2019, Special Meetin2: 2020 Budget Workshop, 8:30 a.m. — 2:30 p.m., Council Chambers June 11, 2019, 6 pm formal meeting cancelled June 18, 2019, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Higgins June 25, 2019, Formal Meetin2 Format, 6:00 p.m. 1. Advance Agenda — Mayor Higgins 2. Info Only: Department Reports *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Camping in RVs Donation Recognition Graffiti Health District Re SV Stats Land Use Notice Requirements Mirabeau Park Forestry Mgmt. Naming City Facilities Protocol Park Lighting Park Regulations Ordinance Amendments PFD Presentation Police Dept. Quarterly Rpt (Jan, April, July, Oct) Sign Ordinance Snow Removal: Streets & Sidewalks St. Illumination (ownership, cost, location) St. O&M Pavement Preservation Studded Snow Tires [due Tue April 23 1 (5 minutes) [due Tue April 30 1 (5 minutes) [due Tue Mav 71 (5 minutes) (20 minutes) (5 minutes) [due Tue May 141 (5 minutes) [due Tue Mav 211 (5 minutes) (10 minutes) [due Tue May 281 (5 minutes) [due Tue June 4] [due Tue June 111 (5 minutes) [due Tue June 181 (5 minutes) Utility Facilities in ROW Water Districts & Green Space Way Finding Signs Draft Advance Agenda 3/14/2019 1:39:07 PM Page 2 of 2