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2021, 05-04 Study Session AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION Tuesday,May 4,2021 6:00 p.m. Remotely via ZOOM Meeting 10210 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: In response to Governor Inslee's March 24, 2020 Proclamation concerning the COVID-19 Emergency, which waives and suspends the requirement to hold in-person meetings and provides options for the public to attend remotely, physical public attendance at Spokane Valley Council meetings are suspended until the Governor's order has been rescinded or amended.Therefore,until further notice, a live feed of the meeting will be available on our website and on Comcast channel 14. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity," will be accepted via the following links, and must be received by 4:00 pm the day of the meeting. • Sign up to Provide Oral Public Comment at the Meeting via Calling-In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER ROLL CALL APPROVAL OF AGENDA ACTION ITEMS: 1.Motion Consideration: Potential Grant Opportunity,Wa.Traffic Safety Commission—Adam Jackson [public comment opportunity] 2. Motion Consideration: Law Enforcement Contract Amendment—Morgan Koudelka [public comment opportunity] 3. Motion Consideration: Barker Rd/BNSF Grade Separation Avista Agreement Amendment—Bill Helbig [public comment opportunity] 4.Motion Consideration: Appleway Property Acquisition—Bill Helbig [public comment opportunity] NON-ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 5.Bill Helbig Flora Rd&Montgomery Ave. Discussion/Information Property Acquisition 6.John Hohman, Geographic Information System Discussion/Information Morgan Koudelka (GIS)Mapping,In-house Services 7.Morgan Koudelka Dept. of Emergency Management Discussion/Information Services Interlocal Agreement 8. Chelsie Taylor 2021 Budget Amendment Discussion/Information 9. Cary Driskell Spokane Regional Transportation Discussion/Information Council Interlocal Agreement 10. Cary Driskell Ponderosa Property Discussion/Information 11. Cary Driskell,John Bottelli Splashdown Contract Update Discussion/Information Council Agenda May 4,2021 Page 1 of 2 12.John Bottelli, Aquatics Update Discussion/Information Tina Gregerson 13.Mayor Wick Advance Agenda Discussion/Information 14. Information Only (will not be reported or discussed):Finance Monthly Report 15.Mayor Wick Council Comments Discussion/Information 16.Mark Calhoun City Manager Comments Discussion/Information ADJOURN Council Agenda May 4,2021 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 4, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Potential Grant Opportunity—Washington Traffic Safety Commission (WTSC) School Zone Safety Account Projects Grants funding GOVERNING LEGISLATION: RCW 35.77.010: Six Year Transportation Improvement Program PREVIOUS COUNCIL ACTION TAKEN: February 16, 2021 — Administrative report on the installation of school zone flashing beacons. Prior presentations have been provided to Council in 2009, 2011, 2013, 2014 for the school zone beacon installations. A presentation was provided to Council in 2017 regarding the pedestrian hybrid beacon (HAWK) on Pines Road. BACKGROUND: On March 30, 2021, WTSC issued a call for projects that makes available $564,000 of state funding for program or project improvements that benefit school zone safety. The due date for applications is May 7, 2021, at 5:00 PM. Funds are available for expenditure on August 1, 2021 and awarded projects must be completed within an 11- or 23-month duration, as selected by the applicant. 11-month projects have a maximum award of $75,000 and 23-month projects have a maximum award of$150,000. After evaluating the program requirements, staff identified one project that is expected to be competitive for funding. There is a 10% minimum match, and additional points can be scored for local match exceeding 10%. Staff proposes the following application submittal: Project: School Zone Flashing Beacons (3 unique locations) Total Cost: $60,000 Request $51,000 (85%) City match $ 9,000 (15%) Description: There are 39 schools within the Spokane Valley city limits. Currently, 18 schools utilize 40 school zone flashing beacons (20 locations/pairs). Of the remaining 21 schools without beacons, staff has identified three locations that are most competitive for this grant program. The proposed project would install three pairs of school zone flashing beacons at the following locations: 1. Horizon Middle School — 3915 S. Pines Rd. 2. Continuous Curriculum School — 16924 E Wellesley Ave. 3. City School — 8920 E Valleyway Ave. The cost for each location, which includes a pair of flashing beacons, is $20,000 of one-time, up- front costs. These costs are included in the total cost of the proposed application. The three proposed locations were evaluated against all of the locations citywide and were limited in quantity to comply with the grant program funding limits (11-month duration max award of $75,000). Locations were selected based on how their specific location details related to maximized funding eligibility criteria. Selection criteria included the posted speed limit, number of lanes and traffic volumes of adjacent streets, school type and student age (elementary, middle, high), and anticipated bussing, drop off, and walking/biking patterns from students. OPTIONS: 1) Proceed with the motion as recommended, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee to finalize and submit an application to WTSC for the School Zone Flashing Beacon project. BUDGET/FINANCIAL IMPACTS: The proposed city match amount is $9,000, or 15% of the total cost. The City has sufficient REET funds to satisfy this local match for this grant proposal. Separate from the grant program, but pertinent to the topic, is the ongoing maintenance costs of school zone flashing beacons. Each individual beacon requires up to 8 hours of maintenance per year. Looking forward, accommodating for inflation and maintenance/repair costs as fixtures age, it is estimated that each beacon will cost $500 to maintain each year. Today, this annual cost equates to 40 beacons x$500 per beacon = $20,000. As more beacons are installed, that annual cost is expected to increase. Currently, funding for this maintenance is provided by Street Fund #101, which has been the topic of discussions related to funding and sustainability of the fund. Excluding the up-front costs from installation of the three beacons that are a part of the proposed grant request, the cost to install beacons at the remaining 18 school locations would be $360,000 (18 locations x $20,000). For all 21 schools that currently do not have beacons, the anticipated annual maintenance costs would be $21,000 per year (42 beacons x $500 per beacon per year). STAFF CONTACT: Adam Jackson, Engineer— Planning & Grants ATTACHMENTS: None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 4, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Law Enforcement Contract Amendment GOVERNING LEGISLATION: City of Spokane Valley Interlocal Agreement 17-104 PREVIOUS COUNCIL ACTION TAKEN: Interlocal Agreement for Law Enforcement Services as Provided by the Spokane County Sheriff's Office to the City of Spokane Valley 17-104, adopted by Council on July 25, 2017. BACKGROUND: A new Sheriffs Office unit, the TAC (Tactical) Unit, was reestablished, beginning in 2020, after a period of inactivity. The purpose of this unit is to provide specialized law enforcement response to civil disturbance and crowd control incidents. The proposed amendment incorporates this new shared service, effective January 1, 2020. Additionally, the following exhibits to our Law Enforcement Interlocal Agreement were reviewed; Exhibit 1 — Services Provided to City by Sheriff, Exhibit 3 — Dedicated City Officers, and Exhibit 4 — Combined Number of Officers in Shared Units. After a review of these exhibits, a number of revisions, generally housekeeping in nature, were identified and are proposed within the amendment. The modifications include reflecting those services which have been consolidated into the Spokane Regional Emergency Communications (SREC) umbrella, updating name changes to service units, and reflecting changes to shared personnel. OPTIONS: Authorize amendment or request additional information. RECOMMENDED ACTION OR MOTION. Authorize the City Manager to Execute the Addendum to the Interlocal Agreement for Law Enforcement Services in the City of Spokane Valley BUDGET/FINANCIAL IMPACTS: TAC unit 2021 estimated City cost impact: $119,000 ($276,735 x 43%) STAFF/COUNCIL CONTACT: Morgan Koudelka, Senior Administrative Analyst; Dave Ellis, Police Chief. ATTACHMENTS: Addendum to the Interlocal Agreement for Law Enforcement Services with exhibits. ADDENDUM TO THE INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF SPOKANE VALLEY THIS ADDENDUM,is made and entered into by and among the City of Spokane Valley(hereafter referred to as "City"), Spokane County (hereafter referred to as "County"), and Spokane County Sheriff (hereafter referred to as"Sheriff"),hereafter jointly referred to as the "Parties". WITNESSETH: WHEREAS,pursuant to chapter 39.34 RCW(Interlocal Cooperation Act),the Parties have entered into numerous interlocal agreements whereby County has agreed to provide services to City and its residents; and WHEREAS, this Addendum applies to the "Interlocal Agreement for Law Enforcement Services as Provided by the Spokane County Sheriff's Office to the City of Spokane Valley"executed by the County under Resolution No. 17-0752 dated September 5, 2017, the City under signature dated August 10, 2017, and the Sheriff under signature dated August 30,2017. This Addendum also applies to the Letter Agreement executed by the Parties dated October 2, 2018. The Interlocal Agreement for Law Enforcement Services as Provided by the Spokane County Sheriff's Office to the City of Spokane Valley, together with the Letter Agreement,shall be referred to as"the Agreement"; and NOW THEREFORE, in consideration of the mutual promises set forth herein, and as provided for in the Agreement the Parties agree as follows: SECTION ONE: 1.1 EXHIBIT 1 SHARED SERVICE UNITS SCOPE OF CHANGE. The scope and purpose of this subsection of the Addendum to the Agreement is to update and incorporate a revised Exhibit 1 to the Agreement. The updated Exhibit 1 is revised to reflect the following changes within Shared Service Units: 1.1.1 Spokane Valley Commander replaced by title of Assistant Chief 1.1.2 Investigative Task Force is renamed Spokane County Investigative Unit 1.1.3 The Sheriff Command Staff Unit is eliminated.The 1.0 Full-time Equivalent(FTE) Undersheriff position,which comprised this unit,is replaced by a civilian position. 1.1.4 Services provided to the City,through contract with the County,by a new entity, Spokane Regional Emergency Communication(SREC), are consolidated. 1.1.5 RIG(Regional Intelligence Group)-9 is identified as the unit providing Crime Analysis 1.1.6 TAC (Tactical)Unit: Effective beginning January 1,2020,the TAC unit(civil disturbance response)is added to the list of shared service units. The allocation basis is determined based on each jurisdiction's total number of CAD (Computer-aided Dispatch)incidents. The TAC unit is authorized on an as- needed basis.The unit may or may not have associated costs in a particular year. 1.1.7 Eliminate a duplicated listing of Crime Check services. 1.2 EXHIBIT 3 DEDICATED CITY OFFICERS SCOPE OF CHANGE. The scope and purpose of this subsection of the Addendum to the Agreement is to update and incorporate a revised Exhibit 3 to the Agreement. An updated Exhibit 3, incorporated as Exhibit 3 to this addendum,is revised to reflect the following changes within Dedicated City Officers: 1.2.1 The Precinct Commander position, at the rank of Captain, is retitled Assistant Police Chief, at a rank of Inspector. Page 1of3 1.3 EXHIBIT 4 COMBINED NUMBER OF OFFICERS IN SHARED UNITS SCOPE OF CHANGE. The scope and purpose of this subsection of the addendum to the Agreement is to update and incorporate a revised Exhibit 4 to the Agreement.The updated Exhibit 4 is revised to reflect the following changes within Exhibit 4-Combined Number of Officers in Shared Units. 1.3.1 The rank of Captain of the Investigations Unit is changed to Undersheriff 1.3.2 Sex Crimes Detective FTE is increased from 6 to 7 to capture a grant position. 1.3.3 The Investigative Task Force is renamed Spokane County Investigative Unit 1.3.4 A Detective in Safe Streets is converted to the rank of Sergeant and assigned to Training as a Teacher,Administrator, Counselor for officer candidates 1.3.5 The Sheriff Command Staff Unit is eliminated.The 1.0 FTE Undersheriff position,which comprised this unit,is replaced by a civilian position and therefore no longer listed among the Exhibit's commissioned officer totals. 1.3.6 The rank of Public Information Officer is changed from Sergeant to Corporal 1.3.7 Professional Standards and Training are separated 1.3.8 The Training Unit is revised to incorporate the following: 1.3.8.1 The 1.0 FTE Lieutenant position is eliminated 1.3.8.2 Sergeant staffing is increased from 2.0 to 3.0 1.3.8.3 A 1.0 FTE Corporal position is added 1.3.8.4 Deputy staffing in this unit is decreased from 2.0 to 1.0. SECTION TWO: DURATION-This Addendum shall be in full force and effect as to the Agreement for the remaining term of the Agreement,or any extension of that Agreement. SECTION THREE: REMAINDER OF INTERLOCAL AGREEMENT TO REMAIN THE SAME-The remaining provisions of the Agreement shall remain unchanged by this Addendum. IN WITNESS WHEREOF,the Parties have caused this Addendum to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON JOSH KERNS, Chair ATTEST: MARY KUNEY,Vice-Chair Clerk of the Board AL FRENCH,Commissioner ********** DATED: SPOKANE COUNTY SHERIFF: Page 2 of 3 OZZIE KNEZOVICH DATED: CITY OF SPOKANE VALLEY Mark Calhoun,City Manager APPROVED AS TO FORM ONLY: Office of the City Attorney 41111111141111111bC' Page 3 of 3 Exhibit 1 — Services Provided to CITY by SHERIFF CITY Dedicated Service Units CITY Police Department Administration (Chief, Assistant Chief Commander, Sergeant) Patrol Traffic Community Services Domestic Violence School Resource Officers K-9 Property and Drug Crimes Investigations Shared Services/Units Major Crimes Sex Crimes Investigative Task Force Spokane County Investigative Unit Joint Terrorism Task Force Safe Streets (Drug Task Force and Gang Enforcement) Emergency Operations Team SHERIFF Command Staff Public Information Officer Training/Professional Standards SCOPE/SIRT SREC (Spokane Regional Emergency Communication) services—Radio Dispatch, Crime Check, Computer Aided Dispatch, Communications Radio Dispatch Helicopter Forensics Crime Check Records Management Property Storage Explosive Disposal Communications RIG (Regional Intelligence Group) 9 - Crime Analysis Garage Firing Range Fleet SWAT/Hostage Negotiation TAC (Tactical) Extra Duty Employment Reservist and Explorer Units Crime Check Civilian Administrative Support Computer Aided Dispatch/Report Management System Regional Services Civil Marine Patrol SHERIFF Sex Offender Registration Exhibit 3 - Dedicated CITY Officers Administrative Police Chief/Undersheriff 1 Precinct Commander/Captain Assistant Chief/Inspector 1 Sergeant 1 Patrol Lieutenant 2 Sergeant 9 Deputies 47 K-9 Deputies 3 Traffic Sergeant 1 Detectives/Corporal 1 Deputies 5 Community Services Deputies 1 Domestic Violence Detective/Corporal 1 School Resource Officer Deputies 4 Property and Dru2 Crimes Sergeant 1 Detectives 10 Deputy 1 Total Dedicated Officers 89 Exhibit 4 - Combined Number of Officers in Shared Units Investigations Captain Undersheriff 1 Lieutenant 1 DEA Deputy 1 Major Crimes Sergeant 1 Detectives 6 Sex Crimes Sergeant 1 Detectives b 7 In cstizat:_c Task Force Spokane County Investigative Unit(SCIU) Lieutenant 1 Regional Intelligence Group Detective 1 Joint Terrorism Task Force Detective 1 Safe Streets (Drug and Gangs) Sergeant 1 Detectives -4- 3 Deputies 1 Emergency Operations Team Deputy 2 Command Staff Undersheriff Public Information Officer Sergeant Corporal 1 Professional Standards Lieutenant Training Lieutenant Sergeant 3 Corporal 1 Deputies 2- 1 Total Shared Officers 35 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 4, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Barker Road/BSNF Grade Separation Project (Barker Road GSP) Avista Utilities Agreement-Amendment #1 GOVERNING LEGISLATION: RCW 35.77.010, Perpetual Advanced Six-Year plans for coordinated transportation program expenditures. PREVIOUS COUNCIL ACTION TAKEN: • May 7, 2013 —Administrative Report, Bridging the Valley; • June 23, 2015 — Passed Resolution No. 17-011 adopting the 2016-2021 Six Year Transportation Improvement Program (TIP), which included both the Barker Road and the Pines Road Grade Separation Projects (GSP); • April 5, 2016 —Admin Report for use of federal earmark funds; • November 8, 2016 — Information Report on the status of the Barker GSP; • November 15, 2016 —Administrative Report on the Barker GSP status; • November 22, 2016 — Informational RCA; • December 6, 2016 —Administrative Report; • December 20, 2016—Administrative Report; • January 10, 2017— Motion failed to contract with DEA for project design services; • February 21, 2017 —Administrative Report; • February 28, 2017 — Passed Resolution 17-006, amending the 2017 TIP; • May 23, 2017 — Passed Resolution No. 17-011 adopting the 2018-2023 Six-Year TIP, which included the Grade Separation Project; • August 22, 2017— Passed motion to enter into contract with DEA for the project's Phase 1 (Initial Contract); • October 24, 2017—Administrative Report to discuss alternatives; • January 30, 2018 —Administrative Report to discuss alternatives with Council consensus to move the project forward with Alternative 5; • March 2, 2018—Administrative Report to discuss alternatives; • March 13, 2018—Administrative Report to discuss history and alternatives; • March 16, 2018 —Administrative Report for Council and Chamber of Commerce; • March 27, 2018 — Passed motion to select preferred alternative for advancing project; • April 10, 2018 — Passed motion to execute supplemental agreement with DEA for the project's Phase 2 design (DEA Contract Supplement #3); • December 4, 2018 —Administrative Report to discuss project status; • September 10, 2019 —Adoption of Ordinance 19-012 authorizing use of condemnation for property acquisition with regards to three property owners; • November 12, 2019 —Adoption of Ordinance 19-020 authorizing use of condemnation for property acquisition with regards to a fourth property owner; • January 14, 2020 — Passed motion to execute supplemental agreement with DEA; • January 21, 2020— Passed motion to acquire two properties for the project; • March 31, 2020— Passed motion to execute agreement with Avista Corporation; • May 12, 2020 — Passed motion to execute BSNF Overpass Agreement; • June 30, 2020— Passed motion to execute an Interlocal Agreement with WSDOT for Project Construction and Construction Administration; and, • February 2, 2021 —Administrative Report on bid award. BACKGROUND: The original Utility Construction Agreement, approved by City Council on March 31, 2020, allowed for the relocation of the Avista utilities to take place in order to construct the Barker/BNSF Grade Separation Project. The work has been completed by Avista, and its contractors, prior to the construction of the road improvements to minimize project delays. Avista's actual costs were higher than originally estimated by Avista in the original contract. City is responsible for paying the actual costs per the contract based on these facilities being located on private property and outside of the City's right of way. Amendment 1 increases the contract amount by $161,914.59 to a new total amount $910,907.22 based on Avista's actual costs for completing their transmission and distribution work. The majority of the cost difference is attributed to Avista's original cost estimate under estimated the size of steel structures needed for the relocation of the large transmission structures, this equated to higher material cost and additional labor and equipment needed to install them. Also, additional work was needed on the distribution to keep customers from power outages while Avista facilities were relocated. OPTIONS: 1) Authorize the City Manager to finalize and execute Amendment #1 to the Utility Construction Agreement with Avista Corporation, or 2) Take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute the Amendment #1 to the Utility Construction Agreement with Avista Corporation with a contract amount not to exceed $910,907.22. BUDGET/FINANCIAL IMPACTS: To date, the City has secured funding in excess of $24,000,000 for the Barker Road/BNSF Grade Separation Project from seven sources. The Utility Construction Agreement will be funded from the project funds. STAFF CONTACT: William Helbig, PE, City Engineer ATTACHMENTS: Amendment #1 Utility Construction Agreement Avista's Transmission Cost Variance Description Avista's Distribution Cost Variance Description DocuSign Envelope ID:79AEE753-2D87-4948-B6FO-CA1 DC4694F03 First Amendment to Utility Construction Agreement This First Amendment ("Amendment") to the Utility Construction Agreement, Agreement No. R-43107 ("Construction Agreement") is entered into between the City of Spokane Valley ("Local Agency") and Avista Corporation, a Washington corporation("Utility"), as of April 6, 2021. In the event of any conflict between the Construction Agreement and this Amendment,this Amendment shall control. Exhibit A to the Construction Agreement is hereby deleted in full and is replaced with the attached Amended Exhibit A. Based upon this substitution, the Parties mutually recognize and agree that the Agreement Amount is revised to: $910,907.22. Except as modified by this Amendment, all of the terms and conditions of the Construction Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to the Construction Agreement on the date set forth above. City of Spokane Valley: Avista Corporation: �DocuSigned by: BY: BY: 44 (Signature) (S1 8f 7AA65D6E64F6... Heather Rosentrater (Printed Name) (Printed Name) Sr.VP Energy Delivery (Title) (Title) Apr-16-2021 I 1:31 PM PDT (Date Signed) (Date Signed) First Amendment to Utility Construction Agreement - 1 DocuSign Envelope ID:79AEE753-2D87-4948-B6FO-CA1 DC4694F03 AMENDED EXHIBIT A Transmission Project Cost Estimate Actual Variance Materials: (3) Self Supporting Steel Structures @ $50,000 $150,000 $212,018 $62,018 each (2) Direct Embed Steel Poles @ $8,000 each $16,000 $20,672 $4,672 (9) Post Insulators with Clamps @ $1000 each $9,000 $1,734 ($7,266) (21) Toughened Glass Insulators with Clamps @ $150 each $3,150 $2,838 ($312) 3000ft. "Drake" ACSS Conductor @ $3.00/ft. $9,000 $19,284 $10,284 Miscellaneous Materials (lump sum) $15,000 $18,664 $3,664 TOTAL MATERIALS: $202,150 $275,210 $73,060 Construction: (3) Drilled Pier Foundations @ $50,000 each $150,000 $168,513 $18,513 (2) Direct Embed Foundations @ $10,000 $20,000 $28,780 $8,780 Construction Materials (lump sum) $25,000 $3,033 ($21,967) Traffic Control (lump sum) $5,000 $1,583 ($3,417) TOTAL CONSTRUCTION: $200,000 $201,909 $1,909 Construction Structures: (15) Crew-Days @ $5,000 /day $75,000 $104,521 $29,521 Labor: TOTAL CONSTRUCTION LABOR: $75,000 $104,521 $29,521 Totals: TOTAL (Materials and Construction): $477,150 $581,640 $104,490 TOTAL (Taxes, A&G, and PM @ 20%): $95,800 $90,530 ($5,270) TOTAL COST (Transmission): $572,950 $672,170 $99,220 Estimate Actual Variance Electric Distribution Project: $102,438.82 $165,133.41 $62,700.59 Fiber Relocation Project: $60,000.00 $60,000.001 $0 Natural Gas Relocation Project: $13,603.81 $13,603.812 $0 TOTAL PROJECT COST: $748,992.63 $910,907.22 $161,914.59 Avista is not seeking recovery of overage related to Fiber Relocation. 2 Work on the Natural Gas Relocation Project has not yet commenced;Avista reserves the right to request overage from the City for Gas Relocation expenses. First Amendment to Utility Construction Agreement -2 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765 Utility Construction Agreement Utility Name Work by Utility- LOCAL AGENCY Cost Avista Corporation, d/b/a Utilities Agreement Number Project Title/Location R-43107 Barker Road/BNSF Grade Separation Project State Route Mileposts Spokane Valley, Washington SR From to Estimated Agreement Amount This Utility Construction Agreement is made and entered into between the City of Spokane Valley (LOCAL AGENCY) and the above named Utility; hereinafter referred to individually the "Party" and collectively the "Parties." Recitals 1. The LOCAL AGENCY is planning the construction of the Barker Road/BNSF Grade Separation Project, and in connection therewith, it is necessary to remove and/or relocate and/or construct certain Utility facilities (Work). 2. The LOCAL AGENCY is responsible for the cost of the Work affecting the Utility's facilities located pursuant to a documented ownership of and/or interest in real property, such as an easement, fee title, or court finding of prescriptive right, which is impacted by the LOCAL AGENCY project. 3. The Work shall be defined as all materials, equipment, labor, contract administration and any other effort required to perform the relocation, construction, and/or removal of the Utility's electric, natural gas and/or fiber facilities. For purposes of this Agreement, the Work shall also include the cost of securing necessary easements for the Utility's relocated facilities, and all costs associated with bidding out the Work, if applicable. 4. It is deemed to be in the best public interest for the Utility to perform the relocation, removal, or construction of its facilities. Now, Therefore, pursuant to and in consideration of the terms, conditions, covenants, and performances contained herein, as well as the attached Exhibits which are incorporated and made a part hereof, It Is Mutually Agreed As Follows: 1. Construction, Inspection, and Acceptance 1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects is adopted and made a part of this Agreement as if fully contained herein. 1.2 Betterment:A betterment is any improvement to the Utility's facilities not required by code, regulation, standard industry practice, established Avista standards or any other applicable regulation. 1.3 The Utility shall furnish the labor, materials, equipment, and tools required for and perform the Work in scheduling, permitting, constructing, removing and/or relocating the Utility facilities, in accordance with this Agreement. Page 1 of 11 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765 1.4 If the Utility is not adequately staffed or equipped to perform all the Work required herein, the Utility may have all or part of this Work done by a contract let by the Utility, as follows: 1.4.1 Before contracting out any Work, the Utility shall obtain written authorization from the LOCAL AGENCY, and the LOCAL AGENCY may require the Utility to advertise and solicit bids for the contract Work. 1.4.2 If the LOCAL AGENCY requires the Work to be advertised and bid, the Utility shall provide a copy of all bid documents to the LOCAL AGENCY seven (7) calendar days prior to the advertisement date for the LOCAL AGENCY comment. 1.4.3 The Utility shall notify the LOCAL AGENCY at least three (3) working days in advance of the location and time of the bid opening so that the LOCAL AGENCY representative may attend the bid opening. 1.4.4 The Utility shall supply a copy of the three lowest bids with itemized bid amounts to the LOCAL AGENCY within seven (7) calendar days of bid opening. 1.4.5 If the Utility elects to use other than the lowest bid contractor, the Utility shall provide written justification to the LOCAL AGENCY for the use of that contractor and bid price. The LOCAL AGENCY shall review the Utility's written justification, and if the LOCAL AGENCY does not agree therewith and the Utility awards the bid to other than the lowest bid contractor, the Utility shall be responsible for the cost difference between the amount of the lowest bid and the amount of the awarded contract. 1.4.6. This Section shall not apply to contract employees who perform work for Avista in the ordinary course of its business. 1.5 If the Utility desires to have the Work performed under an existing contract, the LOCAL AGENCY may require the Utility to provide the LOCAL AGENCY with a copy of the contract for the LOCAL AGENCY's written approval of the contractor and contract charges; provided, however, that this provision shall not apply to contract employees who perform work for the Utility in the ordinary course of its business. . 1.6 The Parties agree that nothing in the LOCAL AGENCY's approval of a Utility contractor or bid shall be for the benefit of the Utility; all such approvals, whether written or verbal, shall be solely for the benefit of the LOCAL AGENCY and shall not establish a contractual relationship among the LOCAL AGENCY, the Utility, and the Utility's contractor. 1.7 All of the Utility's Work, construction procedures, materials, and/or utility installation, as provided under this Agreement, shall be subject to the LOCAL AGENCY inspection for solely the benefit of the LOCAL AGENCY's payment, and/or the LOCAL AGENCY project. The Utility shall promptly notify the LOCAL AGENCY in writing when the Work is completed. The LOCAL AGENCY shall inspect the Work for compliance with the Exhibits attached to this Agreement. The LOCAL AGENCY will notify the Utility in writing of any non-compliance that would impact the LOCAL AGENCY's payment, state highway and/or the LOCAL AGENCY project. The Utility agrees to make the necessary changes to satisfy the LOCAL AGENCY requirements or adjust the invoice. The LOCAL AGENCY's inspection shall not reduce or modify the Utility's responsibility for the Work. 1.8 Upon completion of the Work, the Utility agrees that it shall be solely responsible for all future ownership, operation and maintenance costs of its facilities, without the LOCAL AGENCY liability or expense. II Page 2 of 11 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765 1.9 The Utility's obligations under this Agreement are contingent upon the availability of an outage window that is satisfactory to the Utility up until the time of commencement. In addition, Work shall not begin until all necessary easements and rights-of-way have been secured for the Utility's facilities. The Utility shall endeavor to secure all necessary easements, but shall consult with the LOCAL AGENCY regarding any payments to be made to landowners in connection with the procurement of the same. The cost of acquisition of necessary easements shall be chargeable to the LOCAL AGENCY. In the event that the Utility is unable to secure any necessary easements, the LOCAL AGENCY and the Utility shall meet and mutually agree on other options, including,without limitation, commencement of condemnation proceedings. 1.10 The current estimated Transmission outage window is August 17-28, 2020. This window is subject to change based upon the Utility's operational needs and necessary right-of- way acquisition. 1.11 As a condition of this Agreement, the LOCAL AGENCY confirms that the Transmission and Distribution designs as reflected in Exhibit "B", are satisfactory, and that the outage window specified in Section 1.10, above, is acceptable. Should the LOCAL AGENCY request a change in the design or alignment of the utility relocation, or in the schedule of the Work, the LOCAL AGENCY shall be responsible for all reasonable cost and schedule impacts related to the same. In addition, the LOCAL AGENCY recognizes and agrees that such a change may delay the project beyond the current outage window, in which case rescheduling the Work may be delayed until a new outage window, suitable to the Utility, may be secured. 1.12 The LOCAL AGENCY and the Utility may agree to relocate portions of the Utility's Facilities within the public road right-of-way. Should the LOCAL AGENCY require subsequent relocation of those Facilities, however, such relocation shall be at the sole cost and expense of the LOCAL AGENCY, and without cost to the Utility, irrespective of the terms of any existing Franchise Agreement between the parties. 2. Authority to Begin Work and Work Schedule 2.1 The Utility agrees not to begin Work until the LOCAL AGENCY has provided written notice, authorizing the Utility to begin Work. The LOCAL AGENCY shall not be obligated to reimburse the Utility for any Work performed before the date of notification. The Utility's obligation to commence work is dependent upon the availability of a suitable outage window, as determined by the Utility in its sole discretion. 2.2 Subject to the conditions of this Agreement, the Utility agrees to use its best efforts to avoid a delay to or interfere with the LOCAL AGENCY's contractor in the performance of the LOCAL AGENCY's project. 3. Compliance 3.1 The Utility agrees to comply with all applicable laws, federal requirements (including Buy America and Title VI of the Civil Rights Act per Exhibit C) and environmental requirements of any jurisdictional agency and is responsible for obtaining any necessary environmental permits required in order to perform the Work. 3.2 The Utility agrees to obtain and comply with any other permits from any jurisdictional agency that are required in order for the Utility to perform the Work. Page 3 of 11 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765 4. Payment 4.1 The LOCAL AGENCY is responsible for the cost of the Work, excluding all betterment work, for the Utility's facilities that are located pursuant to a documented ownership interest in real property, such as an easement, fee title, or court finding of prescriptive right, which are impacted by the LOCAL AGENCY project, as shown in Exhibits A. Exhibit A, Cost Estimate, contains an itemized cost estimate of the LOCAL AGENCY-responsible costs for the Work to be performed by the Utility. 4.2 The LOCAL AGENCY, in consideration of the faithful performance of the Work to be done by the Utility, agrees to reimburse the Utility for the actual direct and related indirect cost of the Work, excluding all betterment work, for which the LOCAL AGENCY is responsible as defined in Exhibit A. The Utility agrees to invoice the LOCAL AGENCY and provide supporting documentation for all charges, and the LOCAL AGENCY agrees to pay the Utility within thirty(30) days of receipt of an invoice. Payments shall not be more frequent than one per month. A partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of final invoice, the Parties will resolve any discrepancies. 4.3 The Utility shall submit a final invoice to the LOCAL AGENCY within ninety (90) calendar days following completion of the Work. In the event that the final invoice reveals an overpayment to the Utility, the Utility agrees to refund such overpayment to the LOCAL AGENCY within thirty (30) days. 5. Change in Work or Cost Increase 5.1 The LOCAL AGENCY agrees that the amount shown in Exhibit A may not reflect the actual costs of the Work. Should the Utility determine that the Work costs for which the LOCAL AGENCY is responsible might exceed the cost estimate by more than ten (10) percent, the Utility shall immediately notify the LOCAL AGENCY before performing any Work in excess of the Exhibit A estimate plus the additional percentage. The LOCAL AGENCY and the Utility will, if necessary, amend Exhibit A to revise the cost estimate before the Utility incurs costs above the amount shown in Exhibit A plus the additional percentage. 5.2 Should it be necessary to modify the Scope of the Work, the Utility agrees to immediately notify the LOCAL AGENCY of all proposed changes, and the LOCAL AGENCY agrees to provide written notice of its acceptance or rejection of the change(s), in writing, within ten (10) working days. 6. Franchise, Permit or Easement 6.1 Upon completion of the Work covered under this Agreement, the Utility agrees to prepare, execute and deliver to the LOCAL AGENCY a quit claim deed for all existing easements, fee title, or court finding of prescriptive right, which are no longer necessary for the Utility's facilities and which may be vacated as a result of the relocation of Utility facilities 6.2 Both parties recognize and agree that the parties' ability or inability to obtain satisfactory easements as provided for in Section 1 may impact the schedule for the Work. 7. Right-of-Entry 7.1 Subject to the Utility obtaining all required permits and meeting any other requirements for Work conducted within the publicly owned right-of-way, the LOCAL AGENCY hereby grants the Utility a right-of-entry upon all land in which the LOCAL AGENCY has interest for the purpose of performing the Work. Upon completion of the Work, this right-of-entry shall terminate except as otherwise provided in Section 6. 7.2 The Utility agrees to comply with applicable requirements concerning entry onto state- owned rights-of-way. Page 4 of 11 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765 8. General Provisions 8.1 Indemnification:The Parties shall indemnify and hold each other and each of their respective agents, employees, and/or officers from and shall process and defend at their own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages (both to persons and/or property), or costs, of whatsoever kind or nature, brought against the Indemnified Party and its agents, employees and/or officers, arising out of or alleging negligence on the party of the Indemnifying Party. If and to the extent that such claims are caused by or result from the concurrent negligence of (a) the Utility and (b) the LOCAL AGENCY, its agents, employees, and/or officers, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the intentional or negligent acts or omissions of the Indemnifying Party, and Provided further, that nothing herein shall require the Indemnifying Party to hold harmless or defend the Indemnified Party, its agents, employees, and/or officers from any claims arising from the sole negligence of the Indemnified Party, its agents, employees, and/or officers. This indemnification shall survive any termination of this Agreement. 8.2 Disputes: If a dispute occurs between the Utility and the LOCAL AGENCY at any time during the prosecution of the Work, the Parties agree to negotiate at the management level to resolve any issues. Should such negotiations fail to produce a satisfactory resolution, the Parties agree to enter into mediation before proceeding to any other legal remedy. Each Party shall be responsible for its own fees and costs. The Parties agree to equally share the cost of a mediator. 8.3 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in the superior court situated in Spokane County, Washington unless filing in another county is required under any provision of the Revised Code of Washington. Further, the Parties agree that each shall be responsible for its own attorneys' fees and costs. 8.4 Termination: 8.4.1 The Utility understands that the LOCAL AGENCY retains the right to terminate this Agreement for convenience upon thirty (30) calendar days written notice to the Utility. In the event that the LOCAL AGENCY exercises this termination right, the LOCAL AGENCY will reimburse the Utility for all allowable costs under this Agreement incurred prior to the date of termination, including the costs of materials procured for use in the project through the date of termination, unless the Utility determines, in its discretion, that said materials can be deployed to other projects. 8.4.2 In the event funding for the Work is withdrawn, reduced, or limited in any way after the execution date of this Agreement and prior to normal completion, the LOCAL AGENCY may terminate the Agreement upon less than the thirty(30) calendar day notice requirement in section 8.4.1, subject to renegotiation at the LOCAL AGENCY's sole option pursuant to the revised funding limitations and conditions. In the event that the LOCAL AGENCY exercises this termination right, the LOCAL AGENCY will reimburse the Utility for all allowable costs under this Agreement incurred prior to the date of termination, including the costs of materials procured for use in the project through the date of termination, unless the Utility determines, in its discretion, that said materials can be deployed to other projects. 8.5 Amendments: This Agreement may be amended by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless put in writing and signed by persons authorized to bind each of the Parties. Page 5of11 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765 8.6 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and the employees of each Party and any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be the employees of the other Party. 8.7 Audit and Records: During the progress of the Work and for a period of not less than six (6) years from the date of final payment. The Utility shall maintain the records and accounts pertaining to the Work and shall make them available during normal business hours and as often as necessary, for inspection and audit by the LOCAL AGENCY, State of Washington, and/or Federal Government and copies of all records, accounts, documents or other data pertaining to the Work will be furnished upon request. The requesting Party shall pay the cost of copies produced. If any litigation, claim or audit is commenced, the records and accounts along with supporting documentation shall be retained until any litigation, claim or audit finding has been resolved even though such litigation, claim or audit continues past the six-year retention period. 8.8 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. In Witness Whereof, the Parties hereto have executed this Agreement as of the day and year last written below. Local Agency Utility By: By:�ooeusi9nedby: aa27ppesneFaeFe Print Printed: Heather Rosentrater l�r_K (Glom Title: Title: Senior Vice President, Energy �� /V,G.l er Delivery Date: ( Date Mar-23-2020 I 2:46 PM PDT 14-i2(24., Page 6 of 11 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765 EXHIBIT A TRANSMISSION PROJECT COST ESTIMATE (Material& Construction Estimate): Materials: (3) Self Supporting Steel Structures @$50,000 each $150,000 (2)Direct Embed Steel Poles @$8,000 each $16,000 (9)Post Insulators with Clamps @ $1000 each $9,000 (21)Toughened Glass Insulators with Clamps @$150 $3,150 each 3000ft. "Drake"ACSS Conductor @ $3.00/ft. $9,000 Miscellaneous Materials (lump sum) $15,000 TOTAL MATERIALS: $202,150 Construction: (3)Drilled Pier Foundations @ $50,000 each $150,000 (2)Direct Embed Foundations @$10,000 $20,000 Construction Materials (lump sum) $25,000 Traffic Control (lump sum) $5,000 TOTAL CONSTRUCTION: $200,000 Construction Labor: Structures: (15) Crew-Days @$5,000/day $75,000 TOTAL CONSTRUCTION LABOR: $75,000 Totals: TOTAL (Materials and Construction): $477,150 TOTAL (Taxes,A&G, and PM @ 20%): $95,800 TOTAL COST: $572,950 Note: Any salvage value associated with the material removed from the existing Transmission lines will be credited back to the job. ELECTRIC DISTRIBUTION PROJECT ESTIMATE: $102,438.82 FIBER RELOCATION PROJECT ESTIMATE: $60,000.00 (See Exhibit B-3) NATURAL GAS RELOCATION PROJECT ESTIMATE: $13,603.81 TOTAL COST ESTIMATE: $748,992.63 Page 7 of 11 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765 EXHIBIT B B-1: ELECTRIC TRANSMISSION RELOCATION DESIGN t. f, ! . i ipti: 111 r� . 4t>,_ r fi �' xS ' 1 On • 1'2/7` t` O1-".o 1 kill; f, '` t, t:i i r F' r t.litiecii.14gf. trAset 11r- 17 .' y r - i4 r _ Ot!� � 'r. A.G.- 1 z - _ >. V Page 8 of 11 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91 F19FCE2765 B-2: ELECTRIC DISTRIBUTION RELOCATION DESIGN ter= coc_— 131576 e 0' itr.3 d. �iS°• Y,2 q 6T l bi .r r!El OE ft^i i c , I I I 61G I I 1.Sec20 7 1 `11 O--7 _$aR II tit3_t 0 1 I ") I - t I 5 I®./ 1• _=:2 I I I Is I i•'i, I �kl I t i : . 'cl...'1-1.:-• \ I £3 i L i�1 � - �. - �-.. tit-_- . _ 1r::uc _ ria 1 Distribution Relocation Cost Estimate: $102,438.82 (Does not include costs of illumination Service) Page 9 of 11 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765 B-3: FIBER RELOCATION DESIGN Barker Relocation -Item Qty 1 Per Casts — - -- .. — Aerlal: KerialAOSS 20.00 50_00 AerialOPO'N 20.00 5000 Aerial Strand&Lash 1`.LO SA04 he.:ke Ready O.:A $0.00 Underground: Lin dergr nand Sure 40.00 50.00 •Rod(Adder I O.;O $0,00 Avista's Boulder Park Urvdergroand plcwv 10:00 50_00 �" Generation Facility UndergrcandTrench 2,707 201.O S 7,506J10 L •Rock Adder 30.00 50.0C Eaes(le removed y k:Avista Cabinet be removed by fall_D_D i Existing S.A $ate1 :'auks 3.00 4.000.00 512,000_00 Splicing: Conyentic:nel 4.003E0 S0_00 Site Terri nation 2,000.03 $0.00 Other. pemrtsr'.ees SQCC F ❑ettriratConduit 70 35.00 $2,:50.00 2 Engineering Firm $0.00 Engineering...A 1n0 1'.0..'.O $1i,070.00 _ S99.950_00 Century:ink Construction S CO -70 5 E0]0 Ccrrbir.rg the re:=ticn workw,ti a ful�e commanlca:lors project isallowingcost,harirg between Inc two prefects-The estimated tortruction oasts,led;the direct cast From Cer.turl•dr k,wotvd be split evenly between the two project. Our estimated oast for the relocation work Is aaa_S 6O,000.03 II5 C 2-Alrsta Conduits 1-CenturyL lk CcnOl t S-uo•tag LAVA Gotc Ce:t He ta4elr 'J... I.74*Id re C•,Jbn_v•-m.n!i Page 10 of 11 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765 B-3: FIBER RELOCATION DESIGN r d: Ili t t' . 1.: ::, itil ,7 4511 .j 't ,91tl 4 I , 1 1 l l Mel _ vc . "r 1 e t j of . 4414 111 1 = = a. I 1 1 1 II r.c.- =7 Teel n - - PrR1 dCale:13-04-'^'^. Estimated Cost: $13,603.81 Page 11 of 11 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765 Exhibit C—Assurance of Compliance with Applicable Federal Law During the performance of this Agreement,the Utility, for itself, its assignees,and successors in interest (hereinafter referred to as the "Utility") agrees as follows: 1. Compliance with Regulations: The Utility shall comply with the federal laws set forth in Section 7 of this Exhibit("Acts and the Regulations")relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation(WSDOT), as they may be amended from time-to-time,which are herein incorporated by reference and made a part of this Agreement. 2. Non-discrimination: The Utility,with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Utility shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding,or negotiation made by the Utility for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Utility of the Utility's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. 4. Information and Reports: The Utility shall provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts,other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of Utility is in the exclusive possession of another who fails or refuses to furnish the information,the Utility shall so certify to the City or the WSDOT,as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Utility's noncompliance with the non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including,but not limited to: a.withholding payments to the Utility under the Agreement until the Utility complies; and/or b. cancelling,terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions:The Utility shall include the provisions of paragraphs one through six of this Exhibit in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,the Regulations and directives issued pursuant thereto.The Utility shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions,including sanctions for noncompliance. Provided,that if the Utility becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction,the Utility may request that the City enter into any litigation to protect the interests of the City. In addition, the Utility may request the United States to enter into the litigation to protect the interests of the United States. 7. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Utility agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Agreement for Professional Services(with professional liability coverage) Page 1 of 2 DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91 F19FCE2765 Exhibit C Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race,color,national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975,as amended,(42 U.S.C. §6101 et seq.),(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982,(49 USC §471, Section 47123),as amended,(prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin, and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). Agreement for Professional Services(with professional liability coverage) Page 2 of 2 Barker GSP—Avista Distribution — Explanation of Cost Variance Prepared by Mike Bosshardt—Avista Customer Project Coordinator—April 5,2021 During 2019 and 2020, Avista relocated distribution facilities to make room for the City of Spokane Valley's Trent and Barker railroad overpass and roundabout project. Distribution work involved relocating a distribution feeder built on transmission structures and distribution structures.A cost estimate of$102,432.82 was provided based off a design estimate. Actual cost of construction totaled $165,133.41.The following information is to provide more explanation for the cost difference. Table 1 separates the estimate and actual costs into five categories. Labor, Materials, Overhead, Contactor, and Equipment. Also included in the table is the variance between the two costs for each category. Estimate Actual Variance Labor: $18,572.99 $55,213.65 $36,640.66 Materials: $49,828.01 $36,652.47 ($13,175.54) Overhead: $16,546.21 $46,385.28 $29,839.07 Contractor(Vactruck, Flagging, Permitting): $2,800.00 $5,067.51 $2,267.51 Equipment: $14,685.61 $21,814.50 $7,128.89 TOTAL COST: $102,432.82 $165,133.41 $62,700.59 Table 1:Estimate vs Actual Cost The variance in cost totaled $62,700.59. Majority of the overage is related to Labor and Overhead. Labor, Overhead, and Equipment overages are all a reflection of the work taking longer. All three categories are directly impacted based on the amount of work it took to complete the project.The project design estimated 428 labor hours.The actual number of labor hours on the project were 1087, which is approximately 16 days longer than estimated. A portion of the additional time can be attributed to the two "shooflies" installed to keep customers energized during construction. One of the shooflies included a single phase primary overhead extension to maintain service to WSDOT lights on Trent and the BNSF railroad crossing. These facilities were planned to be removed but needed to be maintained throughout construction.The other shoofly was a secondary service and temporary pole set to maintain service to a fiber optic cabinet. This too is planned to be removed but needed to be maintained during construction of the new line. In the design, all these facilities are shown as removals, but due to the timeline of the overall project, additional work was required to keep them in operation.This additional labor was not planned. During 2019, our crew was impacted slightly by COVID protocols. We did lose days of work due to positive tests and additional testing. Although it is difficult to say exactly how much additional time was attributed to these events, pulling on and off a project multiple times does have an impact on efficiency. In addition to that, our crew could only work with one other crew when multiple crews were needed. That made coordinating stringing new wire more complicated. Contractor costs were also over the estimated cost.This is due to the use of a vac-truck for pole holes. There were two 50' partial self-supporter poles that required a vac-truck.The crew was unable to use a backhoe as originally planned in the design. Materials costs came in under the estimate.This decrease is related to the materials used on the distribution underbuild on the transmission structures.The designed called for distribution framing to be installed on the structures, but the structures came with custom arms from transmission.Though the material costs were decreased on the distribution end, the custom steel arms take longer to install than our standard fiberglass arms. For this project,we followed our usual process of generating estimated costs directly from the job design based on what materials are being removed and installed. All materials have an average amount of labor attached to them accounting for the time it takes to install or remove that piece of material. The actual costs of this project were impacted by added work not included in the original design (temporary shoofly), and the installation of materials taking longer than typically on a smaller scale project. Barker GSP—Avista Transmission — Explanation of Cost Variance Prepared by Dan Adams, PE—Avista Transmission Engineer—April 5, 2021 This document is a brief explanation of the variances in actual costs and estimated costs associated with the Avista transmission work completed near the intersection of Trent Ave. and Barker Rd. along with a brief explanation of how the estimated costs were derived. During the late part of 2019 and into the early months of 2020, the City of Spokane Valley and Avista came to an agreement on the estimated costs associated with relocating the Beacon-Boulder 115kV transmission line in order to accommodate the new railroad overpass and roundabout for Barker Rd. These initial estimates were for$55,200 toward "Preliminary Engineering" and $572,950 toward "Construction, Inspection, and Acceptance". Actual costs associated with these items were $61,366 and $672,170 respectively. This provides a variance of $6,166 toward "Preliminary Engineering" and $99,200 toward "Construction, Inspection, and Acceptance". As the lead engineer for the transmission aspect of this project, my initial task was to estimate the costs associated with the design of the project and any other"preliminary" costs. Since the full scope of the project is never known during this phase, I use my understanding of the expected scope of changes and knowledge of the existing condition of the line to come up with this amount. I approximate the number of hours I expect to spend in design, the costs associated with preliminary project management (sourcing material, site visits, staking of locations, etc.), hours needed by ancillary Avista services (real estate, permitting, and cultural analysis). I use my prior experiences and best judgement to establish my estimates. In addition,these estimates are reviewed by our Transmission Line Design Engineering Manager. While my estimate for"Preliminary Design" is primarily based on aspects influenced heavily by Avista personnel performance,the cost estimates for construction are more greatly influenced by outside sources (material, contract crews, etc.). In order to establish the original quote, I once again reviewed the planned scope and applied estimated costs associated with the work. The estimates used were based on our department's history with similar projects. For example, when initially estimating a project, we plan for a cost of$50,000 for a custom engineered steel structure and $8,000 for a WPE (wood pole equivalent) structure. The actual costs for these structures change based on the height of the pole, total weight of steel, cost of steel to the manufacturers, and "class" of pole. Since these estimates were completed prior to the design, it was impossible to know the precise costs. In addition, items such as foundation excavation and crew-days required were quoted based on my best estimate and experience. Here is a breakdown of what caused the difference in the estimated costs and the actual costs incurred: With reference to this specific project, my early estimate for"Preliminary Design" was approximately 11% below actual costs and for"Construction, Inspection, and Acceptance" was approximately 17% below actual costs. In review of the project, there were a couple of items that I believe contributed to this variance: Preliminary Design 1) Additional site visits to confirm locations and cross check datum shifts between the City of Spokane Valley and Avista 2) Additional time confirming material meets project requirements; "Buy America" 3) Small shifts in the planned alignment to accommodate BNSF access Construction, Inspection, and Acceptance 1) The costs associated with the custom engineered structures capable of taking full-tension loads was significantly higher than estimated. This was likely due primarily to the required size of the structure (weight of steel) and partly due to the high costs of steel at that point in time. This task accounted for $62,018 of the variance for construction. 2) The number of crew hours required for installation. In addition to Avista crew time,we were also required to contract a crane to be onsite in order to lift the new structures into place. This again ties back to the size of the structures required (weight and height). Construction labor accounted for $29,521 of the total variance for construction. 3) The costs associated with foundation excavations were higher than anticipated. These costs were likely high due to poor soil conditions and added concrete required for larger than anticipated structures. Foundation labor accounted for$27,293 of the variance for construction. 4) Cumulatively,the remaining material and labor costs were lower than anticipated. Combining these accounted for($19,612) of the variance for construction. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 4, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration —Appleway Blvd Property Acquisition GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The City of Spokane Valley has developed the Appleway Trail from the eastern City limits to University Road, with the final segment, Evergreen Road to Sullivan Road, being completed in 2020. The Appleway Stormwater Improvement Project, anticipated for completion later this year, provides for the extension of the Appleway Trail from University Road west to Farr Road. Master Plan efforts for the Appleway Trail also identify extending the trail westward to the Dishman Hills Natural Area, immediately west of Sargent Road. When the trail is extended, the two parcels identified in this proposed acquisition, as shown in the Attachment, are critical for providing stormwater management facilities and trail segments. The parcel numbers are 45191.1308 and 45191.9035, and are 3,585 square feet and 8,279 square feet in size, respectively. Recently, Spokane County approached the City indicating that they would surplus the parcels for public sale should the City not wish to purchase them. Given the need for property along this portion of Appleway Blvd for storm system and trail system development, the City should proceed with the acquisition. OPTIONS: 1) Move to acquire the two parcels from Spokane County, or 2)take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize staff to finalize and execute any documents necessary to acquire Spokane County parcel numbers 45191.1308 and 45191.9035 from Spokane County for future parks, recreation, and stormwater facility use. BUDGET/FINANCIAL IMPACTS: The total acquisition costs for both parcels is $42,000 plus associated closing costs. Sources of funds for the acquisition are as follows. Anticipated Acquisition Expenditures Stormwater Fund (Fund 402) $ 25,000 plus proportionate closing costs General Fund (Fund 001) $ 17,000 plus proportionate closing costs Total Expenditures $ 42,000 plus closing costs STAFF CONTACT: Bill Helbig, City Engineer ATTACHMENTS: Appleway Blvd Property Acquisition Attachment Appleway Blvd Property Acquisition Property Owner: Spokane County lit , ift,‘, , S �r;h�rar� d • vliglik dlt '..-. .10,-.$. Ati . '''‘*4,.,, 4 74 1:,, Q; , E Appleway Blvd,.- kii . a � E le 1 2 -1. i • Parcels for Acquistion .4 �I 1 Parcel #: 45191.13 i .„,� ie Size: 3,585 sf 2 Parcel #: 45191.•,035 -alb • f•'`` 'L ,. 8,279 sf lit • 4,, 1.44. • A ( .4t .. r t. L CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 4, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Flora Road and Montgomery Avenue Property Acquisition GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The City of Spokane Valley, along with other local and regional entities as partners, is instrumental in the ongoing operations and maintenance of the Centennial Trail, a 37- mile long trail that winds from the Nine Mile Recreation Area on Lake Spokane eastward to the Idaho border. Within the borders of the City of Spokane Valley, the City is responsible for general maintenance and operations of the trail. The development of additional parking facilities and trailheads has been an integral part of expanding the trail facilities. One such location for a proposed trailhead, with parking, is located at the intersection of North Flora Road and East Montgomery Avenue. Recently, Spokane County approached the City indicating they would like to surplus Spokane County parcel number 55073.0458 at this location, which encompasses 19,690 square feet. The County is offering it to the City for purchase. After consideration regarding the existing Centennial Trail and the planned City Spokane River Loop Trail, purchase and development of this parcel by the City would provide a valuable park system amenity to the region. As part of its due diligence, Spokane County completed an appraisal of the property, establishing the fair market value of the parcel at $286,000. The City, after reviewing the appraisal, concurs that the appraisal represents the fair market value. In order for the City to further the development of the Centennial Trail and its possible connection to the City's Spokane River Loop Trail at Flora Road, acquisition of this parcel for the development of a trailhead is recommended. OPTIONS: Discussion Only RECOMMENDED ACTION OR MOTION: Discussion Only BUDGET/FINANCIAL IMPACTS: The total acquisition costs for the parcel is $286,000 plus associated closing costs. Acquisition of this property is not currently included as an appropriation in the 2021 Budget. Sources of funds for the acquisition will be the Parks & Recreation General Fund with an appropriate budget amendment following acquisition. STAFF CONTACT: Bill Helbig, City Engineer ATTACHMENTS: Flora Road & Montgomery Avenue Property Acquisition Attachment Flora Road & Montgomery Avenue Property Acquisition Property Owner: Spokane County ; . , . „-, , i ::- ,'. o`,,-*,` ' ' - 1-_-•. ___:,.....: _ "7„frrti, - . 1 l, i'.,' _____-,----- ,ir, 0., r-, _--- _ __ . .,. -• , .4, - . - .-• _ ''11 :SIP! ,:4 i 4, ''. , ' . -r. OXII* r... . ,.,11. _ - • Parcel for Acquisition --; .''' /1. • 4.4, .• ,r+ ' . ' '.....4W..7. Parcel #: 55073.0458 .t.;,-, . if,.. . . e .,._ . Size: 19I 690 sf--- .- .1, , E• .,. "44••••-• ' , pr ,. 4 1111141tirt , v.' '• IS,\J . .. r itc•, - A.:tr°r • - '. -7p. ,.._••0 `,9. , . x•-00 ....,---'400 ' -.' •, 410.1it;"-`;' :''.--° ' -- - ,-91' di 7 e' ..."44# occ` !._ ,,,,,..-..-• . . . • -- _... ___.,..., ..,..-;,-, •- • 1 .....t, i.., ofiL 1 . 111410 ce -,t •.,.,_,...-# . ' 1 ' ' -• 1 , , n * , 4, 1 .,,,„,._ . .. ' . ,., • : i . Nri,• I, lite t , . r 4§.- , q r 0 •hiji,La, . ,...,, ' . 11:'' .711C".'1 ili- '4„r'•1. . ......_, 0 _ . L.,_. • , lift, , - 4.0,- ' ' ''''g t 7111-1-1141.-111:,:lec , •, 1, i, -, - ,;,•11* • -;,.... . .„ .1' ,„., • OW 'Ir ''''111 1 ' i, i • , ' .- .• 41 - - ^.,-,-. .14----*- ,iv • 11-7-•--. ,, ,. 1 fitift.,4 • I, .. , , _ -7....,'• . .. 1 ' i v4i4R4t''''4, , f 1 - Irr r rrir. 1 i 1 ,,,, al ,1 4441 4 ,,,,_ w . , 4__ : 11111 izsi,-- ef, 4,4 t. f 4 (.. t, .-,,e,, 1 ,,, _ /A 11111.1.M... li 4 , - -- E Knox A...t- , CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 4, 2021 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Geographic Information System (GIS) In-House Services GOVERNING LEGISLATION: City of Spokane Valley Interlocal Agreement 15-156; Revised Code of Washington Chapter 39.34 PREVIOUS COUNCIL ACTION TAKEN: Council authorized execution of the Interlocal Agreement between Spokane County and the City of Spokane Valley Regarding Data Processing Applications and Services on December 29, 2015. BACKGROUND: The City of Spokane Valley has always contracted with Spokane County for the provision of contract GIS services. This arrangement included a County GIS employee that was housed in City Hall. This employee tracked hours of service provided to the City and the City was charged monthly for the number of hours of service multiplied by a full-loaded hourly rate that included salary, benefits, supervision, licenses, and other County indirect costs. While this contract employee was housed in City IT in recent years, the employee had no direct supervision at the City and each department making GIS service requests was responsible for managing output specific to the request. As the City moves in to a period that includes large development projects and management of growth, City staff felt that it would be beneficial to have a City employee that would be directly supervised by City management and would be fully integrated into project teams. Additionally, it was determined that an in-house GIS Analyst would provide more hours of service at a lower cost. County ISD/IT has indicated that they would be willing to amend the existing contract to remove the contract GIS employee while continuing to provide support as needed to the City and maintain access to the STORM BILL system used by the city to assess stormwater fees. The existing contract employee will also assist the new employee with the transition. Staff is proposing the addition of 1.0 Full-time equivalent (FTE) for a GIS Analyst at a Grade 15 that would be located in Economic Development and supervised by the Economic Development Manager. OPTIONS: Move forward in transitioning to in-house GIS services provided by a City employee (GIS Analyst) or maintain current contract GIS services. RECOMMENDED ACTION OR MOTION: Consensus to negotiate with Spokane County on amending the interlocal agreement to exclude full-time GIS services. BUDGET/FINANCIAL IMPACTS: Salary/Benefits/M&O for GIS Analyst is $125,259, a savings of approximately $26,783 annually. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst; Mike Basinger, Economic Development Manager; John Hohman, Deputy City Manager. ATTACHMENTS: Memorandum and Current Interlocal Agreement OP.\10 , City Manager Department pClemo a Mark Calhoun,City Manager lle 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509)720-5000 • Fax: (509)720-5075 •www.spokanevalley.org Email:_mkoudelka@spokanevalley.org Memorandum To: Mark Calhoun, City Manager; John Hohman, Deputy City Manager; Bill Helbig, City Engineer; Mike Basinger, Economic Development Manager; Chad Knodel, IT Manager From:Morgan Koudelka, Senior Administrative Analyst Date: April 28, 2021 Re: In-House GIS Services Overview Due to a desire to have direct supervisory oversight, focused GIS support on upcoming large projects, and integration of GIS services into project teams, City Management is interested in exploring migrating from contract GIS services, provided by Spokane County, to in-house GIS services provide by a full-time City employee. This memo examines current contractual obligations and compares costs and hours of service received from the two options. In-House Contract Annual GIS Costs * $ 125,259 $152,042 Annual GIS Hours 1,816 1,495 * In-house costs are in 2022 dollars; Contract costs are in 2020 dollars In-house costs include training and supplies. Current Contract The current interlocal agreement with Spokane County was executed on January 12, 2016 and automatically renews each year for a maximum of ten years. The contract may be terminated with a minimum notice of 180 days. The contract specifies that GIS services will be provided via a dedicated Spokane County GIS Staff person who will be located at City offices. The City is also currently receiving STORMBILL services from the County through this contract. Pictometry tiles and services are provided through independent contracts as are ESRI licenses. 1 Spokane County IT Application Services Manager Kevin Norris, indicated that Spokane County IT would be amenable to continuing to provide support services to the City and believed that the County could also help the City transition into in-house GIS services while also continuing to provide STORMBILL services, contingent upon approval by County IT Director, Becky Gehret. Mike Basinger and I indicated to Kevin that this process would likely take a few months and we understood that this was taking place in the middle of a budget cycle but asked that Kevin let us know what an acceptable timeline looked like for them. We discussed the 180-day clause for termination but believed that amending the contract provided more flexibility on the timing of this transition. Kevin stated that after looking at the contract and talking with Becky he would let us know the details. Update: Becky is agreeable to amending the contract and transitioning away from the full-time GIS services. She initially indicated that she would like to adhere to the 180-day notice but I reminded Kevin that the notice was for the termination of the contract not amending the contract. Kevin will talk to Becky again about any flexibility on timing for the transition. Becky would like written confirmation when we are ready to move forward. Costs Current Contract Costs 2020 Contract GIS Hourly Rate: $101.71 (Fully Loaded) 2020 Monthly GIS Costs: $12,670 2020 Annual GIS Costs: $152,042 Projected In-House Costs 2022 Salary, Taxes & Benefits: $120,259 (Grade 15 mid-range, FICA, max benefits) Workstation: Existing cubicle and workstation will be used Licensing and Storage: Already paying for contract GIS license; no additional hardware needed Training and Supplies: $5,000 annually. Total: $125,259 Hours of Service Current Contract 1,495 hours in 2020 In-House Full Annual Hours 2,080 Less Vacation (96) Less Sick (48) Less Admin Leave (40) Less Training & Other (80) Productive Hours 1,816 Conclusion Transitioning to an in-house GIS Analyst will result in substantial savings with more service hours provided and enhanced oversight and integration. 2 6-i61 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE VALLEY REGARDING DATA PROCESSING APPLICATIONS AND SERVICES THIS AGREEMENT,made and entered into by and between Spokane County,a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY" and the City of Spokane Valley, a municipal corporation of the State of Washington,having offices for the transaction of business at 11707 E Sprague Ave., Suite 106, Spokane Valley, WA 99206, hereinafter referred to as "CITY,"jointly hereinafter referred to as the "PARTIES." The COUNTY and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS (a) The Board of County Commissioners of Spokane County, Washington has the care of County property and the management of county funds and business under RCW 36.32.120(6). (b) Counties and cities may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW(Interlocal Cooperation Act). (c) Spokane County has created an Information Systems Department ("ISD") which provides various data processing applications and services to Spokane County elected officials and departments. (d) The City of Spokane Valley desires to contract with Spokane County to obtain through ISD certain data processing applications and services. SECTION NO. 2: DEFINITIONS (a) Agreement: "Agreement" means this Interlocal Agreement between the CITY and COUNTY regarding certain data processing applications and services. (b) City: "CITY"means the City of Spokane Valley. (c) Compensation: "Compensation means that methodology set forth in Exhibit 2 used to establish the amount of money which the CITY will pay the COUNTY for providing Services. (d) County: "COUNTY"means Spokane County. (e) GIS: "GIS"means Geographic Information System. (f) ISD: "ISD"means the COUNTY Information Systems Department. (g) Services: "Services"means those services identified in Exhibit 1. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 1 of 12 (h) STORMBILL: "STORMBILL" means the application and database used to generate and manage the CITY's storm water parcel fees. (i) WEBPADAL: "WEBPADAL" means the Spokane County Assessor's parcel database application,with integrated GIS map display. (j) Uncontrollable Circumstances: "Uncontrollable Circumstances"means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect providing of such Services. SECTION NO.3: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES' understandings as to the terms and conditions under which the COUNTY, through the ISD, will provide Services to the CITY. It is the intent of the PARTIES that Services to be provided by the COUNTY will be consistent with the CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO. 4: DURATION/WITHDRAWAL This Agreement shall commence on the last date that the Agreement is executed by the PARTIES and shall run through 12:00 P.M. on December 31, 2016 unless one of the PARTIES provides written notice of termination. At the conclusion of the initial term, this Agreement shall automatically be renewed from year-to- year thereafter effective 12:01 P.M. on January lst to 1200 P.M. on December 31st up to a maximum of ten(10)years. All renewals shall be subject to all terms and conditions set forth herein except for Exhibit 2. Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of 180 days written notice as provided for in Section 7 to the other Party. SECTION NO. 5: COST OF SERVICES AND PAYMENTS The CITY shall pay the COUNTY the actual costs for Services provided under this Agreement as set forth in Exhibit "2". Costs set forth in Exhibit "2" are at current rates and are subject to change. Actual costs will include the actual direct labor, supervision, employee benefits, equipment, materials and supplies, and overhead costs. The COUNTY will bill the CITY for the cost of Services monthly or annually as outlined in Exhibit "2". COUNTY will bill CITY for monthly billings by the 15th of the month for the previous month. Payments by the CITY will be due by the 5th day of the following month. COUNTY shall bill the CITY for annual billings by the 10th of January for the previous year. Payments by the CITY shall be due by the 5th day of February. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 2 of 12 The COUNTY, at its sole option, may charge interest on any late payment calculated on any lost interest earning had the amount due been invested since the date due to the date of payment in the COUNTY's investment pool. SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES The COUNTY and CITY or their designee agree to attend staff meetings as requested by the CITY Manager. The COUNTY and CITY or their designees agree to meet upon request by the CITY Manager or his/her designee to discuss any Service provided under the terms of this Agreement. CITY agrees to facilitate COUNTY providing Services under this Agreement as follows: (a) Confer on COUNTY the authority to perform the GIS and mapping maintenance services within CITY; (b) Agree that when COUNTY provides Services, ISD may exercise all the powers and perform all the duties vested by law or by resolution in the CITY or other officer or department charged by CITY with data processing services; and (c) Agree that the CITY shall be responsible for providing workspace and furnishing phones, desk, chair and other items deemed necessary for GIS staff person to perform their work at their site. SECTION NO. 7: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such Party, or at such other address as either Party shall from time-to-time designate by notice in writing to the other Party: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 3 of 12 ISD• Spokane County ISD Director 815 N. Jefferson Spokane, Washington 99260 SECTION NO.8: RECORDS REVIEW The COUNTY shall maintain for six (6) years any billing statements and other similar business records with respect to this Agreement. The CITY shall be allowed to conduct random reviews of the records generated by the COUNTY in performance of this Agreement. The CITY shall provide the COUNTY with reasonable advance notice of the records reviews. The PARTIES agree that they shall make best efforts to achieve a resolution of any potential records confidentiality issues, including entering into confidentiality agreements or other similar mechanisms that will allow disclosure of the necessary information to accurately conduct a records review. SECTION NO. 9: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 10: ASSIGNMENT No Party may assign in whole or part its interest in this Agreement without the written approval of the other PARTY. SECTION NO. 11: COUNTY EMPLOYEES COUNTY shall hire, assign, retain and discipline all employees performing Services under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws. COUNTY agrees to meet and confer with the CITY with respect to staff that is assigned to provide Services. Issues of discipline or performance will be specifically handled according to COUNTY policies. SECTION NO. 12: INSURANCE During the term of the Agreement, the COUNTY shall maintain in force at its own expense, each insurance noted below: A. Workers' Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employer's Liability or Stop Gap Insurance in the amount of$1,000,000; B. General Liability Insurance on an occurrence basis, with a combined single limits of not less than $10,000,000 each occurrence for bodily injury and property damage. It shall INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 4 of 12 include contractual liability coverage for the indemnity provided under this Agreement. It shall provide that the CITY, its officers employees vs Agreementinsureds but ces to be only with respect to the COUNTY's sere proided under thi C. Automobile Liability Insurance with a combined single limit, orthedam age,iale t ncof not less than $15,000,000 each accident for bodily injury property ing coverage for owned,hired and non-owned vehicles;and D. Professional Liability Insurance with a combined single limit of not less than$5,000,000 each claim, incident or occurrence. This is to cover damages caused by the error, omission, or negligent acts related to the professional services to be provided under this Agreement. The coverage must remain in effect for two years after the Agreement is completed. renew There shall be no cancellation, material change, reduction fromrmits or intent the COUNTY o�its�nsurer(s)dto insurance coverage(s) without thirty (30) days written notice the CITY. SECTION NO. 13: LIABILITY The COUNTY shall indemnify, defend and hold harmless the e CITY, the, its officers COUNTY'and employees i from all claims, demands, or suits in law or equity g or negligent acts or breach of its obligations under the Agreement. The COUNTY's duty to indemnify shall not apply to loss or liability caused solely by the intentional or negligent acts of the CITY, its officers and employees. es The CITY shall indemnify, defend and hold harmless theCOUNTY, from its officer the CITY' onalempyeor from all claims, demands, or suits in law or equity arising negligent acts or breach of its obligations under the Agreement. Thal e CIo 's d gent uty to indemnify m he shall not apply to loss or liability caused solely by COUNTY, its officers and employees. If the comparative negligence of the PARTIES and their officers and employees is a cause of ense shall be shared between the PARTIES such damage or injury, the liability, loss, cost, or exp in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. Where an officer or employee of a party is acting under the direction and control of the other party, the party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other party's officer or employee's negligence. Each party's duty to indemnify shall survive the termination or expiration of the Agreement. Each party waives, with respect to the other party only, its immunity under RCW Title 51, Industrial Insurance and only as necessary to make this indemnity provision enforceable with INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 5 of 12 respect to claims relating to the death or injury of CITY and/or COUNTY employees acting within the scope of this Agreement. The PARTIES have specificallyfrnegotiated this provision. 9f---Y— 1 CO TY initials CITY initials SECTION NO. 14: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship tat�oe agent or employated byee of the CITY. The I s Agreement. The COUNTY shall be an independent contractor and g CITY is interested only in the results to be achieved and that the right to control the particular manner, method and means in which the COUNTY meet s s ervices ties is solely within the to the CITY under this discretion of the COUNTY. Any and all employeesprovide Agreement shall be deemed employees solely of the COUNTY. The Ont anTY d any liability that shall be solely responsible for the conduct and actions of all employees under this Agreem may attach thereto. Likewise, no agent, employee, servant or representative of the CITY shallbe deemed to be an employee,agent, servant or representative of the COUNTY for any purpose. SECTION NO. 15: MODIFICATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. SECTION NO. 16: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized ln �nfically and junction with muproviding ually agreed to by the shall remain with the original owner, unless otherwise specifically section,Agreement. For the purpo se of this se , the terminology "owner" means PARTIES to this Ag that Party which paid the full purchase price for the property or equipment. SECTION NO. 17: ALL WRITINGS CONTAINED HEREINBINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or othebe valid o r binding upon the subject Agreement. No changes or additions to this Agreement shall PARTIES unless such change or addition is in writing,executed by the PARTIES. COUNTY and CITY were each represented by their Th s ntt t ated and the and each relied upon the advice of their own attorney. Agreement was fully nego terms herein were either accepted by or independently drafted or revised by the COUNTYu and CITY. Accordingly, this Agreement shall not be construed against the arty he principal preparation of it, but shall be construed as if both the COUNTYall andnot CIe TY jointlyety prepared this Agreement, and any ambiguity contained herein, if any, against any one party. This Agreement shall be binding upon the PARTIES hereto,their successors and assigns. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 6 of 12 1 SECTION NO. 18: DISPUTE RESOLUTION ES h cannot e Exc ept t as provided for in Section Nos. 5 and 6,any dispute between disputeen the ARTI 1 fiw is educed be resolved between the PART n o cannot resolve the dispute, it shall be tratiwriting. If the COUNTY CEO and the CITY Manage submitted to arbitration. The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the rightitodsig naterd arbitrator. The eoie one person each t act son as an the arbitrator. The two selected arbitrators shall then jointlyselectal review as arbitration panel shall be binding on the PARTIES and shall anel shall be equally be subject to nspint between provided for in chapter 7.04A RCW.The costs of the arbitration p the PARTIES. SECTION NO. 19: VENUE STIPULATION T t Agreement has been and shall be construed as having been madepartyddeli this delivered the Stateent governed edn and it is mutually the State°d and agreed of Washingtony each both as to interpretation and shall be governed by the lawsudicial proceeding for the enforcement of this performance. Any action at law, suit in equity or j in courts of competent jurisdiction Agreement, or any provision hereto, shall be instituted only within Spokane County, Washington. SECTION NO.20: SEVERABILITY s or provisions of this Agreement are held by the courts The PARTIES agree that if any parts, term ortions or provisions shall not be affected and the rights to be illegal,the validity of the remaining p and obligations of the PARTIES shall not be affected in regard is in onflict with ygstatutory If it should appear that any part,term or provision of this Agreement provision of the State of Washington,then the part,term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be iflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO.21: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of purport to, and shall not be deemed to convenience and ready reference. In no way do they p rp define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO.22: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement eement and in case either Party fails to perform the obligations on itspart to be performed at the time fixed for the performance f the other he respective obligation for all may, at its election, hold the terms of this Agreement, the other Party costs and damages caused by such delay. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 7 of 12 SECTION NO.23: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the COUNTY which render legally impossible the performance by the COUNTY of its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO. 24: FILING The CITY shall file this Agreement with its City Clerk or alternatively place the Agreement on the CITY's website. The COUNTY shall file this Agreement with the County Auditor, or, alternatively, place the Agreement on the COUNTY's website or other electronically retrievable public source. SECTION NO. 25: EXECUTION AND APPROVAL The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. SECTION NO. 26: INITIATIVES The PARTIES recognize that revenue reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the CITY, COUNTY or both PARTIES. The PARTIES agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of revenue reducing initiative(s). If such an event occurs, the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO.27. COMPLIANCE WITH LAWS The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO.28: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party's authority or powers under law. SECTION NO.29: ASSURANCE The CITY shall pay the COUNTY the true and full cost of all Services provided under this a that the that neither Agreement. The intent of the Parties is Party will subsidize the other and CITY will not subsidize any other jurisdiction that is receiving similar services. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 8 of 12 SECTION NO.30: ANTI-KICKBACK No officer or employee of the CITY, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. SECTION NO.31: NO THIRD PARTY BENEFICIARIES Nothing in this Agreement is intended to give, or shall give, whether directly or indirectly, any benefit or right, greater than that enjoyed by the general public,to third persons. SECTION NO. 32: SUPERCEDE CLAUSE Upon the Effective Date of this Agreement, the provisions of this Agreement shall supersede any presently-existing agreements between the PARTIES regarding the Services set forth herein including but not limited those documents executed betwee n the PARTIES entitled "INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE VALLEY REGARDING DATA PROCESSING SERVICES (April 2003-December 31, 2004) executed under COUNTY Resolution No. 03-0367 and CITY Contract No. 003-19 ( approved April 8, 2003), and INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF VALLEY REGARDING DATA PROCESSING SERVICES" executed under COUNTY Resolution No. 04-0473 and by the CITY on May 25, 2004. SECTION NO. 33: RCW 39.34 REQUIRED CLAUSES A. PURPOSE: See Section No. 3 above. B. DURATION: See Section No. 4 above. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate legal or administrative entity is created to administer the provisions of this Agreement. D. RESPONSIBILITIES OF THE PARTIES: See provisions above. • E. AGREEMENT TO BE FILED: See Section No. 23. F. FINANCING: Each party shall be responsible for the financing of its contractual obligations under its normal budgetary process. G. TERMINATION: See Section No. 4 above. H. PROPERTY UPON TERMINATION: See Section No. 15 above. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 9 of 12 IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: 1' 12'! ����`�•, BOARD OF COUNTY COMMISSIONERS _=commis, ‘, 4 04 e coro� '1 OF SPO C TY, WASHINGTON Oki\‘ (CD e, • • : • j • •• ' SHELLY O'QUINN, Chair ATTEST 4t'k ,`•�•S ,,�t• '� k, FINE cCA ' / Clerk of the Board ```•.��- FRENCH Vice-Chairman AL , c-- 4:117/1- -a-14— Ginna Vasquez TODD MIELKE, Commissioner 16 - 0040 DATED: t — ` —i U2 POKANE VALLEY ike a s n, City Manager Attest: yy / istine Bainbridge, City Clerk Approved as to form: en City Attorney INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 10 of 12 EXHIBIT "1" COUNTY will provide the following Services to CITY: Service 1: Access to the Application known as WEBPADAL. Service 2: Access to the Application known as STORMBILL, Stormwater Application and Database. The COUNTY will host a separate database and application instance for the CITY's use, accessed via the COUNTY's CITR.IX portal. Service 3: GIS Services, via a dedicated Spokane County ISD GIS Staff person. WEBPADAL provides complete access to the Spokane County Assessor's parcel database. All information is available, unlike the PubPadal application on the County's webpage, which is a scaled down version without name search capability and land use information. This program allows for advanced query and data extraction for analysis of property and taxation purposes. WEBPADAL also provides integrated GIS map displays. COUNTY will provide active user list upon request by CITY. CITY shall notify COUNTY for changes to named user list. For billing purposes, CITY will be billed full monthly rate for each named user with access to WEBPADAL for a majority of the month(>= 50%of month). STORMBILL is an application and database used to generate and manage the CITY's stormwater parcel fees. The COUNTY will host both the application and the database for the CITY, and the CITY will access the application and database via the COUNTY's CITR_IX portal. GIS Services will be provided by COUNTY to CITY via a dedicated ISD GIS Specialist who will be located onsite at CITY offices, tasked with providing miscellaneous GIS data creation and maintenance services to CITY. CITY may request additional hours of service (billed at standard ISD hourly rates) during the term of the Agreement, subject to the COUNTY's ability to provide the additional services. CITY and COUNTY may extend or adjust GIS services and terms as mutually agreed according to the conditions of the Agreement. The CITY will abide by all applicable COUNTY union contract terms regarding working conditions and will provide breaks and lunches as outlined in the COUNTY Master Contract, Local 1553 Contract and ISD Addendum to said contract. COUNTY will provide copies of such contract and addendum to CITY. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 11 of 12 EXHIBIT "2" Service Rate Billing Frequency 1. WEBPADAL $70.00 per month per named Monthly Billing user 2. STORMBILL Hosting and $1200 per year Annual Billing Access via CITRIX* 3. GIS Services ISD standard billable hourly Monthly Billing rates.Billing rates are adjusted annually. Billed for actual hours worked per month for assigned staff person(s). *CITY's use of STORMBILL application began prior to year 2015. CITY agrees to pay the annual charge beginning in 2015,regardless of the signing date of this agreement. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 12 of 12 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 4, 2021 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Department of Emergency Management Interlocal Agreement GOVERNING LEGISLATION: Spokane Valley Interlocal Agreement 12-129; Revised Code of Washington Chapter 38.52. PREVIOUS COUNCIL ACTION TAKEN: Council authorized execution of the Emergency Management Interlocal Agreement on August 28, 2012. BACKGROUND: The City of Spokane Valley has always contracted with Spokane County for the provision of Emergency Management Services. Emergency Management is a department that is operated under direction of the Spokane County Sheriffs Office and the Sheriff acts as the Director of Emergency Management. The purpose of this service is to administer and coordinate emergency management programs and to preserve lives and property in the event of catastrophic events. Spokane County has presented a new interlocal agreement for consideration that includes the following: 1. Three-year term with one three-year renewal 2. Termination to occur by March 30 for subsequent year withdrawal 3. Details regarding the provision of services including planning, training, coordinated disaster response and recovery, volunteer/emergency worker management, outreach and education, and access to Emergency Management resources 4. Expectations of participating jurisdiction (City of Spokane Valley) such as appointment of coordinator, representative on Policy Board, development of Continuity of Operations Plan, maintaining an Emergency Operations Plan, identifying points of contact, complete National Incident Management System (NIMS) compliant planning and training, participate in training exercises, notify and coordinate with Emergency Management when activating incident management 5. Availability of optional services 6. Cost-control specific to services received OPTIONS: Proceed to motion consideration or request more information. RECOMMENDED ACTION OR MOTION: Consensus to Proceed to Motion Consideration on May 11, 2021. BUDGET/FINANCIAL IMPACTS: 2021 Estimate of$86,659. STAFF CONTACT: Mark Calhoun, City Manager; Morgan Koudelka, Senior Administrative Analyst; Dave Ellis, Police Chief ATTACHMENTS: Draft Interlocal Agreement INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES THIS INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES (the "Agreement") is made and entered into this day of , 2021, by and between SPOKANE COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY/TOWN OF , a municipal corporation of the State of Washington (the "City" or the "Town") (individually"Party" and collectively"Parties")pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW. RECITALS A. The County has established Spokane County Emergency Management (hereinafter "SCEM") as an emergency management agency within the Spokane County Sheriff's Office pursuant to Chapter 1.08 SCC. B. The County, acting through SCEM, operates as a local organization for emergency management in accordance with relevant comprehensive emergency management plans and programs pursuant to Chapter 38.52 RCW. C. The City/Town and the County have previously contracted for coordinated emergency management services through a series of Interlocal Agreements for Emergency Management Services, most recently dated July 17, 2012. D. The coordinated emergency management services that SCEM provides, augment, but do not supplant, the City/Town's responsibilities and obligations under Chapter 38.52 RCW. E. The County and City/Town believe that it is in the public interest to provide coordinated emergency management services as provided herein. AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City/Town agree as follows: 1. Purpose of Agreement. This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW. The purpose and intent of this Agreement is to provide an economical mechanism for administration and coordination of County and City/Town emergency management programs, generally to protect the public peace, health, and safety and to preserve the lives and property of the people of the County and City/Town. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 1 of 8 2. Effective Date and Duration. This Agreement shall not take effect unless and until it has been duly executed by both Parties and filed with the County Auditor. The term of this Agreement is three (3) years; and the Agreement shall remain in effect through midnight December 31, 2023, unless earlier terminated pursuant to the provisions of Section 12 below, and the term of this Agreement may be extended or renewed for up to one (1) additional three (3) year term, upon the City/Town providing the County written notice on or before March 30, 2023.The County shall in writing approve or reject the extension or renewal within thirty (30) days of receiving notice of intent to extend or renew; PROVIDED FURTHER,that each Party's obligations after December 31, 2023, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. In the event that funds are not appropriated for this Agreement, then this Agreement shall terminate as of the last fiscal year for which funds are appropriated. The Party shall notify the other Party in writing of any non-allocation of funds at the earliest possible date. 3. Administrators. Each Party to this Agreement shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer such Party's participation in this Agreement. The Parties' Initial Administrators shall be the following individuals: County's Initial Administrator: City/Town's Initial Administrator: Chandra Fox, Deputy Director Spokane County Emergency Management 1121 W Gardner Ave Spokane, WA 99201 Either Party may change its Administrator at any time by delivering written notice of such Party's new Administrator to the other Party. 4. Emergency Management Services. The County shall provide emergency management services, as described herein, to the City/Town during the term of this Agreement in accordance with Chapter 38.52 RCW.The County will endeavor to provide the Services as described in its comprehensive emergency management plan and in Schedule A, attached hereto and incorporated herein. At its option, the City/Town may elect to receive any or all of the additional services described in Schedule D, which is attached hereto and incorporated herein, upon at least 30 days written notice provided to the County and subject to the availability of County resources. All Services shall be provided without warranty of any kind, including, but not limited to, the sufficiency or adequacy of the actions of the Parties in response to an emergency or disaster. The City/Town shall remain responsible for the provision of all those services identified in Schedule B, attached hereto, as well as any other INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 2 of 8 services the City/Town is otherwise required by law to perform. 5. Emergency Management Policy Board. The City/Town shall be entitled during the term of this Agreement to voting representation on the SCEM Emergency Management Policy Board established by SCC 1.08.030. The duties of the Policy Board are set forth in SCC 1.08.030, as it now exists or is hereafter amended. 6. Independent Contractor. The County will perform all Services under this Agreement as an independent contractor and not as an agent, employee, or servant of the City/Town. The County shall be solely responsible for control, supervision, direction and discipline of its personnel, who shall be employees and agents of the County and not the City/Town. The County has the express right to direct and control the County's activities in providing the Services in accordance with the specifications set out in this Agreement. The City/Town shall only have the right to ensure performance. 7. Compensation. 7.1 Annual Service Charge. The City/Town shall pay an Annual Service Charge to the County. Beginning January 1, 2021, and as adjusted annually each January 1 thereafter, the Annual Service Charge shall be a per capita rate based on: 1) SCEM's proposed General Fund budget, minus funding for the Deputy Director, and; 2) the City/Town's population number from the annual Office of Financial Management (OFM) Estimate for Population of Cities, Towns and Counties Used for Allocation of Selected State Revenues State of Washington, the 2020 version of which attached hereto and incorporated herein at Schedule C. ByJuly 15 of each year,the County shall issue a revision to Schedule C to reflect changes to the City/Town's population number from the annual Office of Financial Management (OFM) Estimate for Population of Cities, Towns and Counties Used for Allocation of Selected State Revenues State of Washington and the resulting Annual Service Charge for the subsequent year. For 2021, the Annual Service Charge shall be set at a rate of $0.89 per capita. The County agrees to pay the annual service charge assigned to cities and towns that have a population of less than 1,000. At the end of each calendar year, using the population methodology and actual SCEM costs plus Countywide and Sheriff's Department Indirect Costs from the Law Enforcement Cost Allocation Plan, the County will re-compute each City/Town's actual cost share. Annual adjustments will be made on or before October 31st of each year based on actual expenditures for the previous year. 72 Invoicing. The Annual Service Charge includes the services described in this Agreement's Schedule A, and reasonable operation and maintenance costs for which there will be no separate billing.The Countysha ll invoice the City/Town or its designee for the Annual Service Charge for all services performed by the County.The City/Town shall be responsible for complete and timely payment of all amounts invoiced regardless of whether the City/Town opts to participate in the invoiced services. Invoices will be sent quarterly or on any other schedule that INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 3 of 8 is mutually convenient to the Parties. Payment of the Annual Service Charge is due and payable in quarterly installments on January 31, April 30, July 31, and October 31. 73 Additional Services. If a City/Town elects to receive additional service(s)s as described in Schedule D, one half of the cost of additional service(s) shall be added to the quarterly invoice after the City/Town notifies SCEM and the remaining half shall be added to the quarterly invoice that follows the delivery of the additional service(s). 74 Homeland Security and Emergency Management Performance Grants.The Parties acknowledge the importance of sustaining SCEM staff currently funded by federal grants. In the event that SCEM receives notice of cuts to federal grants that may jeopardize SCEM's ability to fulfill the Services outlined in this Agreement, the County agrees to notify the City/Town within 15 days of receipt of notice of such cuts from proponent of the federal grant. Following such notification, the Parties agree to reassess the Services and Annual Service Charge.The City/Town agrees that by entering into this Agreement, it will forego applying for Emergency Management Performance Grant (EMPG) monies. 8. Hold Harmless and Indemnification. Except in those situations where the Parties have statutory or common law immunity for their actions and/or inactions and to the extent permitted by state law, and for the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnifytheother Party, its officers, elected officials,agents and employees,while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever including attorney's fees) arising out of or in any way resulting from such Party's own negligent acts, errors, or omissions or willful misconduct related to such Party's participation and obligations under this Agreement. Each Party agrees that its obligations under this subsection extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. 9. Privileges and Immunities. Whenever the employees of the County or the City/Town are rendering outside aid pursuant to the authority contained in RCW 38.52.070 and 38.52.080(1), such employees shall have the same powers, duties, privileges, and immunities as if they were performing their duties in the County or the City/Town in which they are normally employed. Nothing in this Agreement shall affect any other power, duty, right, privilege, or immunity afforded the County or the City/Town in Chapter 38.52 RCW. 10. Liability Related to City/Town Ordinances, Policies, Rules and Regulations. In executing this Agreement, the County does not assume liability or responsibility for or INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 4 of 8 in any way release the City/Town from any liability or responsibility which arises in whole or in part from the existence or effect of City/Town ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City/Town ordinance, policy, rule or regulation is at issue, the City/Town shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City/Town, the County, or both, the City/Town shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 11. Compliance with Laws. In the performance of its obligations under this Agreement, each Party shall comply with all applicable federal, state, and local laws, rules and regulations. 12. Early Termination. Either Party may terminate this Agreement, with or without cause, upon written notice to the other Party by no later than March 30 of the year of termination.Termination pursuant to this Section 12 will become effective on December 31 of the calendar year in which the termination notice is given. 13. Dispute Resolution. In the event differences between the parties should arise over the terms and conditions or the performance of this Agreement, the parties shall use their best efforts to resolve those differences on an informal basis. If those differences cannot be resolved informally, the matter shall be referred for mediation to a mediator mutually selected by the parties. If mediation is not successful, either of the parties may institute legal action for specific performance of this Agreement or for damages. 14. Notices. All notices required to be given by any Party to the other Party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email)to the applicable Administrator or the Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 15. Performance. Time is of the essence of the Agreement in each and all of the provisions and scope of services in which performance is a factor. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 5 of 8 16. Entire Agreement;Amendment. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the Parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the Party against whom such modification is sought to be enforced. 17. Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 18. Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Spokane County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing Party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney'sfees. 19. Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictlyfor or against either of the Parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 20. Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 21. No Waiver. Failure by either Party at any time to require performance by the other Party under this Agreement or to claim a breach of any provision of this Agreement shall not be construed as affecting any subsequent breach hereof or the right to require performance or affect the ability INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 6 of 8 to claim a breach with respect hereto. 22. No Assignment. This Agreement shall not be assigned, either in whole or in part, by either Party without the express written consent of the other Party, which may be granted or withheld in such Party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a default under this Agreement. 23. Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign this Agreement. 24. No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership,joint venture or other joint enterprise between the Parties. 25. No Separate Entity Necessary. The Parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 26. Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either Party in connection with its performance under this Agreement will remain the sole property of such Party, and the other Party shall have no interest therein. 27. No Third-Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City/Town and the County. No other persons or Parties shall be deemed to have any rights in, under or to this Agreement. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 7 of 8 28. Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. COUNTY: CITY/TOWN: BOARD OF COUNTY COMMISSIONERS City/Town of , a OF SPOKANE COUNTY, WASHINGTON Washington municipal corporation By JOSH KERNS, CHAIR Name: Title: Approved as to Form: MARY KUNEY, VICE-CHAIR City/Town Attorney AL FRENCH, COMMISSIONER ATTEST: Ginna Vasquez, Clerk of the Board INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 8 of 8 Schedule A Description of Emergency Management Services The County shall provide Emergency Management Services (the "Services") through Spokane County Emergency Management ("SCEM") to Cities, Towns, and Tribes (individually "Participating Jurisdiction", and collectively "Participating Jurisdictions"). These Services shall include the following. 1. General: SCEM will maintain an emergency management organization that complies with state law and federal guidelines. This organization will implement the concepts of the National Incident Management System (NIMS) and incorporate best practices of emergency management into its operations.These best practices include a focus on developing and sustaining Core Capabilities across all mission areas, developing disaster management relationships with partners throughout the County and Region, and incorporating the Whole Community perspective into all programs. 2. Planning: SCEM will assist Participating Jurisdictions in the development of executable disaster-related plans. SCEM will maintain emergency management plans in accordance with applicable state and federal laws, regulations, and guidance. SCEM will use, and encourage the use of, systematic planning processes that engage the Whole Community. a SCEM will maintain the Spokane County Comprehensive Emergency Management Plan (SCCEMP) and provide technical assistance (templates, meeting facilitation, and plan review) to Participating Jurisdictions in order for them to maintain an Emergency Operations Plan (EOP), as either a standalone plan or as an annex to the County's CEMP, which meets the requirements set forth in RCW 38.52.030 and WAC 118-30-060. Plans shall include an analysis of the natural, technological, or human caused hazards that could affect the County or jurisdiction, respectively. Plans will also describe a NIMS-compliant incident management structure for use during multiagency/multijurisdictional operations and include the procedures to be used during emergencies for coordinating local resources, as necessary, and the resources of County agencies, departments, commissions, and boards. b. SCEM will maintain the Spokane County Natural Hazards Mitigation Plan, a FEMA-approved multi-jurisdictional hazard mitigation plan that complies with the Disaster Mitigation Act of 2000 (DMA2K) and 44 CFR §201.6, and, upon request, provide technical assistance (templates, meeting facilitation, and plan review) to Participating Jurisdictions in order for them to maintain an annex to the County's FEMA-approved hazard mitigation plan that meets the requirements set forth in 44 CFR§201.6. c SCEM will maintain the Spokane County Disaster Recovery Framework and, upon request, provide technical assistance (templates, meeting facilitation, and plan review) to Participating Jurisdictions desiring to develop a INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-1 jurisdictional Disaster Recovery Framework. d SCEM will maintain standard procedures for its Emergency Coordination Center(ECC) and provide technical assistance (templates, meeting facilitation,and document review) to Participating Jurisdictions in order to develop complementary procedures for their respective Emergency Operations Centers. e. SCEM will participate in regional- and state-level planning efforts, representing Spokane County and, unless otherwise specified, the Participating Jurisdictions within Spokane County. Examples of such efforts include the Statewide Catastrophic Incident Planning Team (SCIPT), State Emergency Response Commission (SERC), and the Emergency Management Advisory Group (EMAG). 3. Training and Exercise: SCEM will assist Participating Jurisdictions to develop, maintain, or expand their emergency management capabilities.The prioritized capabilities to train and exercise are operational coordination, operational communications, situational assessment, logistics, public information, and planning. a SCEM will conduct an annual training and exercise planning workshop (TEPW) in order to develop a coordinated training and exercise calendar. SCEM will also send representatives on behalf of Spokane County and the Participating Jurisdictions to the State's annual Integrated Preparedness Planning Workshop (IPPW). b. SCEM will maintain a Multi-Year Training and Exercise Plan (TEP) that describes the outcomes of the TEPW. SCEM will produce and electronically distribute a training and exercise calendar each month to the Participating Jurisdictions. c SCEM will maintain a training program that adheres to state and federal guidance, including the National Incident Management System (NIMS)Training Plan and FEMA's Core Capability Development Sheets. This training program includes: i. SCEM will assist each Participating Jurisdiction in the development of a jurisdiction-specific NIMS compliance plan. This includes providing assistance in determining applicable courses and identifying online and in-person resources that can provide compliance-related courses. Participating Jurisdictions retain the responsibility to track individual training of their staff members and, per the State's policy, submit NIMS compliance reports. ii. Countywide, SCEM will facilitate the delivery of two (2) ICS-300 (Intermediate ICS for Expanding Incidents) courses and two (2) ICS-400 (Advanced ICS for Complex Incidents) courses each year. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-2 iii. Countywide, SCEM will facilitate the delivery of two (2) G191 (Emergency Operations Center/Incident Command System Interface) workshops each year, or as requested. iv. Upon request, SCEM will facilitate the delivery of the Community Points of Distribution (CPOD) courses. v. Upon request, SCEM will deliver ICS-402 (ICS Overview for Executives/Senior Officials) or its equivalent to each requesting Participating Jurisdiction in order to educate the Participating Jurisdiction's policy makers and to help them meet the requirements of the National Incident Management System (NIMS). vi. Annually, SCEM will host at least two local deliveries of courses from FEMA's Emergency Management Institute and/or the National Disaster Preparedness Consortium. vii. On behalf of each Participating Jurisdiction, SCEM will process applications to host training opportunities available through FEMA's Emergency Management Institute and/or the National Disaster Preparedness Consortium. The Participating Jurisdiction requesting such courses will be responsible for identifying a location and any costs associated with the course delivery, e.g. refreshments. viii. Countywide, SCEM will deliver two (2) offerings of an ARRL- approved HAM radio technician class each year. d SCEM will maintain an exercise program that adheres to state and federal guidance, including the Homeland Security Exercise and Evaluation Program (HSEEP) and applicable grant requirements. Unless otherwise specified, the intent of SCEM's exercise program is to evaluate established plans and/or procedures, and identify ways to improve those plans and/or procedures. The exercise program includes, but is not limited to: i. Every three (3) years SCEM will conduct a countywide functional exercise that evaluates Spokane County's CEMP, the procedures used in the Spokane County Emergency Coordination Center, and our ability to coordinate with jurisdictions throughout Spokane County. SCEM strongly encourages all Participating Jurisdictions to participate in that exercise and will provide technical assistance in the development of their exercise plan. ii. Countywide, SCEM will facilitate two (2) tabletop exercises(TTXs) per year. These TTXs will evaluate Participating Jurisdictions' response plans and capabilities against various hazards that threaten Spokane County. iii. Countywide, SCEM will facilitate one (1) CPOD exercise per year in conjunction with CPOD training. iv. SCEM will facilitate jurisdiction EOC workshops as requested. These workshops will be used to develop or update the scheduled Participating Jurisdiction's EOC procedures. v. SCEM will facilitate jurisdiction EOC drills as requested. These drills will be used to validate the scheduled Participating Jurisdiction's EOC procedures. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-3 vi. Countywide, SCEM will conduct monthly communications drills with Participating Jurisdictions to ensure the viability of various means of communications. 4. Coordinating Disaster Response Activities: SCEM and Participating Jurisdictions will coordinate their emergency response activities in order to endeavor to minimize death, injury, and damages to property, the economy, and the environment during natural, technological or human-caused disasters. a SCEM will maintain a 24 hour per day Duty Officer, who will serve as the primary point of contact to address emergency management-related requests on behalf of Participating Jurisdictions. The Duty Officer is available through direct phone call, or by request through Dispatch. b. As resources allow, SCEM will utilize multiple means of communication to notify, warn, and/or provide information and instruction to the general public regarding impending or occurring disasters. c SCEM will maintain and, when necessary, activate the Spokane County Emergency Coordination Center (SCECC) and implement the Spokane County CEMP and applicable procedures. The SCECC may activate in anticipation of, or immediately after, disasters as defined by RCW 38.52.010(6). The SCECC may also activate to provide support during pre- planned events or at the approved request of a Participating Jurisdiction. Requests to activate the SCECC will be made via the Duty Officer to the SCEM Deputy Director.The decision to activate the SCECC, and at what level, is made by the SCEM Director or Deputy Director. d SCEM will maintain and,when necessary,activate the Spokane County Joint Information Center (SCJIC) and applicable procedures. The SCJIC may activate in anticipation of, or immediately after, disasters as defined by RCW 38.52.010(6). The SCJIC may also activate to provide support during pre-planned events or at the request of a Participating Jurisdiction. Requests to activate the SCJIC will be made via the Duty Officer to the SCEM Deputy Director. The decision to activate the SCJIC, and at what level, is made by the SCEM Director or Deputy Director. e. When activated, the SCECC will coordinate resource requests among affected jurisdictions within Spokane County. The SCECC will also make available the County's emergency resources not required for use elsewhere during emergencies,the use of which shall be determined and prioritized by SCECC.When necessary, SCEM will request state and federal resources on behalf of the Participating Jurisdictions through Washington's established emergency management protocols, i.e. from the SCECC to the Washington State Emergency Operations Center. The Participating Jurisdictions agree that the County shall remain harmless in the event of non-availability or non-performance of requested resources. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-4 f. When activated, the SCECC will coordinate situational awareness among affected jurisdictions within Spokane County, and with regional and state partners. g When activated, the SCJIC shall coordinate public information and messaging about critical lifesaving and life-sustaining information by all means necessary to expedite the delivery of emergency services and aid the public to take protective actions. Participating Jurisdictions will identify appropriate points of contact with whom the JIC will communicate to form the information network commonly referred to as the Joint Information System (JIS). h. When requested, and at the discretion of the SCEM Deputy Director,SCEM will deploy a liaison to the participating jurisdiction to directly assist with incident management, technical support and assistance, and/or use of mobile assets. During activation of the SCECC, SCEM may request that Participating Jurisdictions deploy liaisons to the Spokane County ECC to enhance communication between the SCECC and the incident site(s). i. Upon determining that a disaster as defined by RCW 38.52.010(9a) has happened or is imminent, SCEM will, under the provisions of SCC Chapter 1.08.020, initiate through the Board of County Commissioners a Proclamation of Emergency for Spokane County. Upon determining that a disaster as defined by RCW 38.52.010(9a) has happened or is imminent, Participating Jurisdictions may, under the provisions of applicable code, initiate through the Participating Jurisdiction's appropriate authority a Proclamation of Emergency for their jurisdiction. Participating Jurisdictions will notify SCEM as soon as practicable of their intent to proclaim a disaster and provide SCEM with a copy of the proclamation as soon as practicable. 5. Coordinating Disaster Recovery Activities. SCEM and Participating Jurisdictions will coordinate their disaster recovery activities in order to endeavor to restore critical services and establish a new normal for the affected area(s) as quickly as possible. a SCEM, in conjunction with the State's Emergency Management Division (EMD) and the Federal Emergency Management Agency (FEMA), will coordinate the formal post-disaster Preliminary Damage Assessment (PDA) process. Participating Jurisdictions will be responsible for tracking and reporting activities potentially reimbursable by federal and/or state disaster assistance programs. Each participating jurisdiction remains responsible for the costs it incurs. b. In the aftermath of a disaster as defined by RCW 38.52.010(6), SCEM will initiate the transition of disaster response to disaster recovery. This includes implementing the Spokane County Disaster Recovery Framework and establishing the Recovery Support Functions found therein. When requested, Participating Jurisdictions will identify points of contact to be integrated into this process. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-5 6. Volunteer / Emergency Worker Management: SCEM will work in collaboration with participating jurisdictions to develop volunteer capabilities that augment participating jurisdictions' local disaster response efforts; specifically, Disaster Assistance Response Teams (DART) and/or the Spokane County Auxiliary Communications Service (ACS). a Participating Jurisdictions will identify potential DART volunteers. SCEM will facilitate their registration as emergency workers in accordance with the Washington State Emergency Workers' Program and maintain a central database of these volunteers.Annually, SCEM will provide to the participating jurisdictions a list of the volunteers living within each jurisdiction's respective boundaries. b. SCEM will provide oversight to the Spokane County Auxiliary Communications Service (ACS) function, which provides redundant emergency communications services to SCEM, its Participating Jurisdictions, as well as hospitals and the Greater Inland Northwest Chapter of the American Red Cross. SCEM will assign trained ACS volunteers to augment Participating Jurisdictions' EOCs. c Using volunteers (as groups or individuals) for activities outside of the scope of their intended purpose and/or training places them outside of the scope of RCW 38.52.180, Chapter 118-04 WAC, and this Agreement. These volunteers cannot be afforded protection under the Washington State Emergency Workers Program; therefore Participating Jurisdictions desiring to expand the use of volunteers beyond the scope established by SCEM are required to provide coverage in accordance with L&I Industrial Insurance regulations. 7. Outreach and Education: SCEM will work in conjunction with participating jurisdictions to provide disaster-related outreach and education in order to improve overall community resilience. a SCEM will develop, promote, and make available to Participating Jurisdictions preparedness materials related to Spokane County's identified hazards of concern, and procure and make available FEMA-produced preparedness materials. The amount of preparedness materials provided will be made on a case-by-case basis and based upon available supply. b. SCEM will develop and promote individual preparedness messages to be delivered via its affiliation with local radio andTVstations, and across social media platforms. c Upon request, and when practicable, SCEM will deliver preparedness presentations on behalf of a Participating Jurisdiction. Such requests should be made at least 30 days prior to the presentation. Participating Jurisdictions are responsible for providing an adequate facility and incurs any extraordinary costs INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-6 associated with such events, e.g. refreshments, room rental costs, etc. d. Quarterly, SCEM will produce a report that summarizes its major activities for the previous quarter. The quarterly report will be distributed to the Director, the Emergency Management Policy Board (EMPB), the Emergency Management Operations Group (EMOG), and Participating Jurisdictions. 8. SCEM Resources: SCEM maintains a number of resources that, when practicable, will be made available to Participating Jurisdictions. Requests for their deployment shall be made to the SCEM Duty Officer or, when activated, the Spokane County ECC. These resources include, but are not limited to: a Mobile Command Vehicle, commonly referred to as the "MCV." A command vehicle provides a motorized, self-contained, climate-controlled capability to augment incident management. Upon request of the MCV, SCEM provides the MCV, and as needed, a pilot car to assist in routing the MCV to the requested ICP location. b. Communications trailer. The communications trailer provides a self- contained, climate-controlled capability to augment communications. c. Mobile emergency response trailer.This trailer provides a towed capability that can be used to augment community points of distribution, volunteer reception centers, or emergency operations centers. d. Alert and Warning. SCEM will manage the Alert Spokane program, and maintain a system that provides alert and warning to county residents. Access to this system for local alerting will be through SREC Dispatch or the SCEM Duty Officer. Use of the system for Wireless Emergency Alerts (WEA) or other IPAWS protocols, is available only through the SCEM Duty Officer. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-7 Schedule B Expectations of Participating Jurisdiction As stated in Section 4 of the Agreement, the services provided by SCEM augment the participating jurisdictions. This schedule outlines some, but not all, of the areas for which the Participating Jurisdictions retain responsibility. Fulfillment of the specific Expectations of Participating Jurisdictions will be commensurate with and appropriate for each individual jurisdiction (i.e. type and scope of plan(s) needed, and level of required staff training). 1. General: a. Each Participating Jurisdiction will appoint a coordinator who will serve as the Jurisdiction's primary point of contact for SCEM. b. In accordance with SCC 1.08.035, each Participating Jurisdiction will designate one (1) representative and one (1) alternate to the SCEM Emergency Management Policy Board and attend the quarterly meetings. Names of and contact information for the representative and alternate shall be provided to SCEM's Deputy Director prior to February 1 of each calendar year, and as soon as possible following the designation of a new representative. The Policy Board shall advise the director of emergency management in recommending to the executive actions on emergency management plans and programs; the department's budget; rate schedules for emergency management service charges paid by contracting agencies; and other matters as requested by the county executive or the director. 2. Planning: a. Participating jurisdictions will develop and maintain Continuity of Government and Continuity of Operations (COG/COOP) plans for their respective jurisdictions. Plans will include, at a minimum: provision for the preservation, maintenance, and/or reconstitution of the jurisdiction's government accomplished through succession of leadership; and ensure the continued performance of minimal essential functions; develop the necessary plans, procedures, and provision for alternate facilities, personnel, resources, interoperable communications, and vital records/databases. b. Participating Jurisdictions of sufficient size will maintain an Emergency Operations Plan (EOP) that describes a NIMS-compliant incident management structure for use during multiagency/multijurisdictional operations, and includes the procedures to be used during emergencies for coordinating the jurisdiction's resources. c. Participating Jurisdictions will identify a primary and alternate point of contact for each planning effort. Participating Jurisdictions will convene work groups and provide meeting space as necessary to facilitate the development INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule B B-1 of plans including the jurisdiction's emergency operations plan, hazard mitigation plan, functional emergency management plans, etc., as applicable. 3. Training and Exercise: a. With SCEM's assistance, Participating Jurisdictions will develop jurisdiction-level NIMS compliance plans. Participating Jurisdictions retain the responsibilityto track individual training of their staff members. b. Participating Jurisdictions desiring to schedule specific training and exercise opportunities should do so by sending a representative the annual Training and Exercise Planning Workshop (TEPW). Facilitating training and exercise opportunities not scheduled at the TEPW shall be at the discretion of the SCEM Deputy Director. 4. Disaster Response Activities: a. Participating Jurisdictions will coordinate their emergency response activities with and through SCEM in order to endeavor to minimize death, injury, and damages to property, the economy, and the environment during natural, technological or human-caused disasters. b. During, or in anticipation of, disasters as defined by RCW 38.52.010(6), affected Participating Jurisdictions will activate their incident management structure and Emergency Operations Plan, and notify SCEM as soon as practicable. c. When activated, Participating Jurisdictions will request County, state and/or federal resources through established emergency management protocols, i.e. from the SCECC to the Washington State Emergency Operations Center. The ParticipatingJurisdictions agree that the County shall remain harmless in the event of non-availability or non-performance of requested resources. d. Participating jurisdictions are responsible for the costs of response services provided specifically to their jurisdiction. The jurisdiction will participate in negotiating those costs with the vendor or service provider at time of request and prior to any expenditure. There is no expectation or responsibility implied by this agreement that a jurisdiction would subsidize the response costs of another jurisdiction. e. Participating Jurisdictions shall submit incident-related information to the SCECC and the SCECC shall develop and provide comprehensive situation reports to the Participating Jurisdictions, as well as to regional and state partners. f. Participating Jurisdictions will identify appropriate points of contact with whom the SCJIC will communicate to form the information network commonly referred to as the Joint Information System (JIS). INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule 8 8-2 g. When requested and practicable, Participating Jurisdictions will deploy liaisons to the Spokane County ECC to enhance communication between the SCECC and the incident site(s). h. Upon determining that a disaster as defined by RCW 38.52.010(9a) has happened or is imminent, Participating Jurisdictions may, under the provisions of applicable code, initiate through the jurisdiction's appropriate authority a Proclamation of Emergency for their jurisdiction. Participating Jurisdictions will notify SCEM as soon as practicable of their intent to proclaim a disaster and provide SCEM with a copy of the proclamation as soon as practicable. 5. Coordinating Disaster Recovery Activities. SCEM and Participating Jurisdictions will coordinate their disaster recovery activities in order to endeavor to restore critical services and establish a new normal for the affected area(s) as quickly as possible. a. Participating Jurisdictions will be responsible for tracking and reporting activities potentially reimbursable by federal and/or state disaster assistance programs. Each participating jurisdiction remains responsible for the costs it incurs. b. In the aftermath of a disaster as defined by RCW 38.52.010(6), SCEM will initiate the transition of disaster response to disaster recovery. This includes implementing the Spokane County Disaster Recovery Framework and establishing the Recovery Support Functions found therein. When requested, Participating Jurisdictions will identify points of contact to be integrated into this process. 6. Volunteer / Emergency Worker Management: SCEM will work in collaboration with Participating Jurisdictions to develop volunteer capabilities that augment Participating Jurisdictions' local disaster response efforts; specifically, Disaster Assistance Response Teams (DART) and/or the Spokane County Auxiliary Communications Service (ACS) a. Participating Jurisdictions will identify potential volunteers to affiliate with DART and/or ACS. b. Participating Jurisdictions acknowledge that using volunteers(as groups or individuals) for activities outside of the scope of their intended purpose and/or training places them outside of the scope of RCW 38.52.180, Chapter 118-04 WAC, and this Agreement. These volunteers cannot be afforded protection under the Washington State Emergency Workers Program; therefore, Participating Jurisdictions desiring to expand the use of volunteers beyond the scope established by SCEM are required to provide coverage in accordance with L&I Industrial Insurance regulations. 7. Outreach and Education: SCEM will work in conjunction with participating INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule 8 8-3 jurisdictions to provide disaster-related outreach and education in order to improve overall community resilience. Participating Jurisdictions desiring presentations will make such requests made at least 60 days prior to the presentation. 8. SCEM Resources: SCEM maintains a number of resources that, when practicable, will be made available to Participating Jurisdictions. Requests for their deployment shall be made as early as possible to the SCEM Duty Officer or,when activated, the Spokane County ECC. 41111 INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule 8 8-4 Schedule C Estimated 2021 Service Fees by Jurisdiction Spokane County Emergency Management 2021 Estimate Total Salary& Benefits $314,307.00 Less Deputy Director S&B ($136,264.00) Local Salary& Benefits $178,143.00 M &0 $41,525.00 Indirect Costs(21%) $46,131.00 Total Local Operating Costs $265,799.00 City/Town Population % Population 2021 Cost Estimate Airway Heights 10,010 0.0335 $8,897.89 Cheney 12,640 0.0423 $11,235.70 Deer Park 4,485 0.0150 $3,986.72 Liberty Lake 11,500 0.0385 $10,222.35 Medical Lake 5,040 0.0169 $4,480.06 Millwood 1,840 0.0062 $1,635.58 Spokane Valley 97,490 0.3261 $86,658.86 Fairfield 635 0.0021 $564.45 Latah 195 0.0007 $173.34 Rockford 495 0.0017 $440.01 Spangle 285 0.0010 $253.34 Waverly 135 0.0005 $120.00 Unincorporated 154,250 0.5159 $137,112.83 Total County Population 522,600 Less City of Spokane (223,600) Cost Share Population 299,000 0.888959866 'Source:Based on projected growth and the State of Washington,Office of Financial Management,April 1,2020 Estimates; http://www.ofm.wa.gov/pop/apri11/default.asp INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule C C-1 Schedule D Description of Additional Emergency Management Services The County offers additional services that the Participating Jurisdiction may choose from in addition to the basic emergency management services described in Schedule A. If, during the course of this Agreement, a Participating Jurisdiction desires additional service(s)s as described below, the City/Town shall notify SCEM in writing as early as practicable prior to the delivery of the desired additional service(s). The cost and timing of the delivery of any Additional Service(s) shall be agreed upon by the Administrators of this Agreement. One half of the cost of additional service(s) shall be added to the quarterly invoice after the Participating Jurisdiction notifies SCEM and the remaining half shall be added to the quarterly invoice that follows the delivery of the additional service(s) 1. Planning: a. SCEM will provide technical assistance in order to develop a functional emergency operations plan or procedure. Examples of a functional plan include mass fatality plans and disaster debris management plans. Participating Jurisdiction elects this service: (initial) 2. Training and Exercise: a. SCEM will provide one jurisdiction-specific training opportunity. Participating Jurisdiction elects this service: (initial) b. SCEM will provide one jurisdiction-specific exercise opportunity. Scheduling this exercise shall occur at the annual TEPW. Participating Jurisdiction elects this service: (initial) c. SCEM will process Participating Jurisdiction's application for FEMA's Integrated Emergency Management Course. Participating Jurisdiction elects this service: (initial) INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule D D-1 3. Outreach and Education: a. SCEM will develop and promote a jurisdiction-specific outreach campaign. Participating Jurisdiction elects this service: (initial) 4. Communications Support: a. SCEM's Communications Officer will provide technical support to ensure interoperable radio communications; specifically, assist with the procurement and installation of compatiblecommunications hardware. Participating Jurisdiction elects this service: (initial) \14 411 INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule D D-2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 4, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed 2021 Budget Amendment. GOVERNING LEGISLATION: In order for the City to amend an adopted budget, State law requires the Council to approve an ordinance that appropriates additional funds. PREVIOUS COUNCIL ACTION TAKEN: The Council last took formal action on the 2021 Budget when it was adopted on December 8, 2020. BACKGROUND: Since the initial adoption of the 2021 Budget on December 8, 2020, a number of events have transpired that necessitate a 2021 Budget amendment. The proposed budget amendments include: #001 - General Fund The total of both recurring and nonrecurring revenues reflect an increase of$3,286,800, which is comprised of: • Sales taxes are increased to the amount of actual collections in 2020: • $2,980,000 increase in general sales tax collections due to current economic conditions. • $105,200 increase in public safety sales tax collections due to current economic conditions. • $177,600 increase in criminal justice sales tax collections due to current economic conditions. • $24,000 increase for an estimated FEMA grant for costs related to a windstorm in January 2021. Provide additional appropriations (expenditures) of$12,769,313 comprised of: • $7,106 increase in benefits costs for the City Council Department related to providing pension benefits to councilmembers. • $5,750 increase in software licenses and maintenance costs related paying for six months of service on the GovQA public records software system. • $391,754 increase in Public Safety for estimated 2021 costs related to implementing a new DEMS/Taser/Body Camera bundle for the Police Department. This represents the City share of the upfront costs for the system, and consists of $282,146 in recurring expenditures and $109,608 in nonrecurring expenditures. Council discussed this cost at the March 23rd and April 6th Council meetings. • $72,508 increase in salaries and related payroll taxes and benefits in the City Hall O&M Department and a corresponding decrease of the same about in the Building Department due to repurposing an existing position due to workload. • $51,299 increase in the Economic Development Division for the in-house GIS Analyst position. This amount includes $46,299 in salaries and related payroll taxes and benefits and $5,000 in supplies, training, and memberships for that position. The salaries, payroll taxes, and benefits are included for six months at 77% in the General Fund and 23% in the Stormwater Fund #402. • $1,040 decrease in professional services for the Parks and Recreation Admin Division. There is a corresponding increase of $1,040 in the nonrecurring transfers out to the Parks Capital Page 1 of 4 Projects Fund #309 for fencing costs to complete the CenterPlace West Lawn improvement project in order to finish securing the area. • $5,000 increase for furniture for the new Housing and Homeless Services Coordinator position. This was included but not spent in the 2020 Budget. • $62,000 increase to replace the HVAC units at the Precinct. There was $60,000 included but not spent in the 2020 Budget for this item. The increase represents the actual costs for this project. • $32,000 increase for cleanup costs from a January 2021 windstorm. We are anticipating a FEMA grant to reimburse 75% of these costs. • $693,000 increase in transfers out to the Street O&M Fund #101 to cover an increase in the estimated operating deficit caused by the anticipated decrease in fuel taxes and telephone utility taxes from the effects of the COVID-19 pandemic on the economy. • $364,440 to replenish the Winter Weather Reserve Fund #122 back to a fund balance of $500,000. The Street O&M Fund was over budget on snow removal expenditures in 2020 by about $364,440. • $14,876 increase in transfers to the Parks Capital Projects Fund #309 for the CenterPlace west lawn improvements. This includes an additional $1,040 that is being reduced out of the Parks and Recreation Admin Division for additional fencing costs as described above as well as $13,836 of the previously approved amount from the 2020 Budget to complete the project in 2021. • $12,227 increase in transfers to the Parks Capital Projects Fund #309 for the CenterPlace roof replacement for work that was included in the 2020 Budget but was not able to be completed prior to the end of the year. • $11,126,343 transferred to Capital Reserve Fund #312 which represents the 2019 yearend fund balance in excess of 50% of recurring expenditures. #101 — Street O&M Fund Revenues have a net change of $0; however, recurring revenues are estimated to decrease by $693,000 due to the effects of the COVID-19 pandemic on the economy. The decrease is comprised of $431,000 in the telephone utility tax and $262,000 in motor vehicle fuel taxes. The estimated deficit of$693,000 in operating activity caused by this decrease is then proposed to be covered by a transfer in from the General Fund in the same amount. #122 —Winter Weather Reserve Fund Revenues are increased by $364,440 reflecting a transfer in from the General Fund #001 to replenish the fund balance to $500,000. The Street O&M Fund was over budget on snow removal expenditures in 2020 by about $364,440, which was reimbursed to Fund #101 from Fund #122 during that year. #309 — Park Capital Projects Fund This fund is being amended to reflect current estimates on a number of projects. Revenues are increased by $224,691 reflecting: • $44,730 increase in grant proceeds for the Browns Park 2020 improvements. The increase is related to the timing of actual construction on the project. • $27,103 increase in transfers in from the General Fund for improvements to the CenterPlace west lawn and the replacement of the CenterPlace roof. See additional information above under the General Fund #001. • $152,858 increase in transfers in from the Capital Reserve Fund #312 for the Sullivan Park water line project. Expenditures increase by $384,887, including: • An increase of $14,876 to complete the improvements to the CenterPlace west lawn. See additional information above under the General Fund #001. Page 2 of 4 • An increase of$12,227 to complete the replacement of the CenterPlace roof. See additional information above under the General Fund #001. • An increase of $204,926 for Browns Park 2020 improvements. This increase trues up the costs to the actual bid awarded for the project. There is sufficient fund balance to account for the increased costs. • An increase of $152,858 for preliminary engineering costs for the Sullivan Park water line project. #312 — Capital Reserve Fund Revenues are increased due to a transfer of $11,126,343 from General Fund #001 which represents the 2019 yearend fund balance in excess of 50% of recurring expenditures. This amount is higher than we generally see because the City did not transfer the 2018 yearend fund balance in excess of 50% due to the uncertainty of the economy during 2020 with the COVID-19 pandemic. As such, the 2018 amounts remained in the fund balance and were included in the calculation for the 2019 fund balance. Increases expenditures/appropriations of$152,858 in transfers out to the Parks Capital Projects Fund #309 for the Sullivan Park water line project. #402 — Stormwater Management Fund Provide additional appropriations (expenditures) of $13,830 for salaries, payroll taxes, and benefits for the in-house GIS Analyst position. The salaries, payroll taxes, and benefits are included for six months at 77% in the Economic Development Division in the General Fund and 23% in the Stormwater Fund #402. The 2021 Budget amendment reflects the changes noted above and will affect 6 funds resulting in total revenue increases of$15,002,274 and expenditure increases of$13,316,330. Revenue Expenditure Fund Fund Increase Increase No. Name (Decrease) (Decrease) 001 General Fund 3,286,800 12,764,755 101 Street O&M Fund 0 0 122 Winter Weather Reserve Fund 364,440 0 309 Parks Capital Projects Fund 224,691 384,887 312 Capital Reserve Fund 11,126,343 152,858 402 Storwater Management Fund 0 13,830 15,002,274 13,316,330 The 2021 Budget amendment also includes one change to the Employee Position Classification Monthly Salary Schedule to add the GIS Analyst position. OPTIONS: Future options are to accept the proposed amendments in whole or in-part. RECOMMENDED ACTION OR MOTION: Staff seek Council consensus to move forward with amendments to the 2021 Budget as presented. If approved, we anticipate the following calendar of events leading to Council approval of the amending ordinance. • May 18, 2021 — Public hearing on the 2021 Budget Amendment. • May 18, 2021 — First reading of Ordinance #21-006 amending the 2021 Budget. • May 25, 2021 —Second reading of Ordinance #21-006 amending the 2021 Budget. Page 3 of 4 BUDGET/FINANCIAL IMPACTS: Once approved, this action amends the estimated revenues and appropriations for the 2021 Budget that was adopted on December 8, 2020. There are adequate funds available to pay for these amendments. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: • Fund level line-item detail of revenues and expenditures. • Fund summaries for all funds affected by the proposed budget amendment. • Amended salary schedule. Page 4 of 4 P:\Finance\2021 Budget\Amendment#1\2021 05 04 Admin Report\2021 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/4/2021 2021 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #001 -General Fund Recurring Revenues Sales Tax 001.000.000.313.11.00 - Estimated increase due to economic recovery 22,220,000 2,980,000 25,200,000 Sales Tax-Public Safety 001.000.000.313.15.00 - Estimated increase due to economic recovery 1,054,800 105,200 1,160,000 Sales Tax-Criminal Justice 001.000.000.313.71.00 - Estimated increase due to economic recovery 1,862,400 177,600 2,040,000 Total recurring revenues 3,262,800 Recurring Expenditures Payroll Taxes&Benefits-Council 001.011.000.511.60.24.00 -Add pension contribution to benefits 0 7,106 7,106 Software Licenses&Maint-CM 001.013.000.513.10.48.03 - GovQA Public Records software(6 months) 0 5,750 5,750 Law Enforcement-Public Safety 001.016.000.521.20.46.51 -Additional Costs for implementing body cameras 23,072,000 282,146 23,354,146 Salaries&Wages-City Hall O&M 001.033.000.518.30.10.00 - Move employee costs due to reallocation of staff time 59,989 53,900 113,889 Payroll Taxes&Benefits-City Hall O&M 001.033.000.518.30.2x.00 - Move employee costs due to reallocation of staff time 36,725 18,608 55,333 Salaries&Wages-Econ Dev 001.040.042.558.70.10.00 -Add GIS Analyst position for half year at 77% 441,067 29,212 470,279 Payroll Taxes&Benefits-Econ Dev 001.040.042.558.70.2x.00 -Add GIS Analyst position for half year at 77% 183,996 17,087 201,083 Supplies-Econ Dev 001.040.042.558.70.31.01 -Add supplies for GIS Analyst position 400 200 600 Travel/Mileage-Econ Dev 001.040.042.558.70.43.01 -Add travel for GIS Analyst position 2,500 800 3,300 Memberships-Econ Dev 001.040.042.558.70.49.02 -Add memberships for GIS Analyst position 2,000 1,000 3,000 Registrations-Econ Dev 001.040.042.558.70.49.04 -Add training for GIS Analyst position 3,000 3,000 6,000 Salaries&Wages-Building 001.040.043.558.50.10.00 - Move employee costs due to reallocation of staff time 1,074,300 (53,900) 1,020,400 Payroll Taxes&Benefits-Building 001.040.043.558.30.2x.00 - Move employee costs due to reallocation of staff time 487,008 (18,608) 468,400 Professional Services-P&R Admin 001.076.000.576.80.41.05 - Reduction to help pay for additional costs on the CenterPlace West Lawn project 30,000 (1,040) 28,960 Total recurring expenditures 345,261 Page 1 of 4 P:\Finance\2021 Budget\Amendment#1\2021 05 04 Admin Report\2021 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/4/2021 2021 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #001 -General Fund -continued Nonrecurring Revenues Grant Proceeds 001.090.000.331.97.03 - FEMA grant for January 2021 Windstorm 0 24,000 24,000 Total nonrecurring revenues 24,000 Nonrecurring Expenditures Furniture&Equipment 001.013.099.594.13.64.01 - Furniture for Housing&Homeless Services Coordinator(Carryover) 0 5,000 5,000 Heavy Duty Machinery&Equipment 001.016.099.594.21.64.05 - Replace HVAC units at Precinct(Carryover) 0 62,000 62,000 Body Camera Hardware 001.016.099.594.21.64.05 - Nonrecurring hardware costs for body cameras 0 109,608 109,608 Windstorm 2021 Cleanup Costs 001.076.099.576.80.41.05 - Cleanup costs from the January 2021 Windstorm 0 32,000 32,000 Transfer out-#101 001.090.099.597.10.00.10 - Transfer to the Street Fund to cover estimated operating deficit in 2020 1,859,600 693,000 2,552,600 Transfer out-#122 001.090.099.597.12.00.20 - Replenish winter weather reserve 0 364,440 364,440 Transfer out-#309 001.090.099.597.30.00.90 - CenterPlace west lawn improvements- Carryover from prior year&additional fencing costs 0 14,876 14,876 Transfer out-#309 001.090.099.597.30.00.90 - CenterPlace roof replacement-Carryover from prior year 0 12,227 12,227 Transfer out-#312 001.090.099.597.31.00.20 - 2019#001 fund bal >50% 0 11,126,343 11,126,343 Total nonrecurring expenditures 12,419,494 Total of all General Fund revenues 3,286,800 Total of all General Fund expenditures 12,764,755 #101 -Street O&M Fund Revenues Telephone Utility Tax 101.042.000.316.47.01 - Estimated decrease due to COVID-19 pandemic 1,431,000 (431,000) 1,000,000 Motor Vehicle Fuel Tax 101.042.000.336.00.87 - Estimated decrease due to COVID-19 pandemic 2,062,000 (262,000) 1,800,000 Transfer in-#001 101.042.000.397.00.10 - Transfer in from the General Fund to cover estimated operating deficit 1,859,600 693,000 2,552,600 Total revenues 0 Page 2 of 4 P:\Finance\2021 Budget\Amendment#1\2021 05 04 Admin Report\2021 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/4/2021 2021 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #122-Winter Weather Reserve Fund Revenues Transfer in-#001 122.122.000.397.00.10 - Replenish Winter Weather Reserve 0 364,440 364,440 Total revenues 364,440 #309-Park Capital Projects Fund Revenues Grant proceeds 309.000.315.334.04.20 - Grant proceeds for Browns Park Imp 2020 480,530 44,730 525,260 Transfer in-#001 309.000.xxx.397.00.10 - CP West Lawn, CP roof 160,000 27,103 187,103 Transfer in-#312 309.000.xxx.397.31.20 - Sullivan Park Water Line 565,150 152,858 718,008 Total revenues 224,691 Expenditures CenterPlace West Lawn Improvements 309.000.304.595.xx.xx.xx - 2021 Construction Costs 0 14,876 14,876 CenterPlace Roof Replacement 309.000.305.595.xx.xx.xx - 2021 Construction Costs 0 12,227 12,227 Browns Park Improvements 2020 309.000.315.595.xx.xx.xx - 2021 Construction Costs 499,805 204,926 704,731 Sullivan Park Water Line 309.000.xxx.576.80.xx.xx - 2021 Construction Costs 0 152,858 152,858 Total expenditures 384,887 #312-Capital Reserve Fund Revenues Transfer in-#001 312.000.000.397.00.10 - 2019#001 fund bal >50% 0 11,126,343 11,126,343 Total revenues 11,126,343 Expenditures Transfer out-#309 312.000.000.597.30.00.90 - Sullivan Park Water Line 0 152,858 152,858 Total expenditures 152,858 Page 3 of 4 P:\Finance\2021 Budget\Amendment#1\2021 05 04 Admin Report\2021 Amendment No 1 Detail v1 for RCA CITY OF SPOKANE VALLEY,WA 5/4/2021 2021 Budget-Amendment#1 Line Item Detail Account Account Initial Amended Description Number Description/Justification Budget Amendment Budget #402-Stormwater Management Fund Expenditures Salaries&Wages 402.402.000.531.36.10.00 -Add GIS Analyst position for half year at 23% 355,054 8,726 363,780 Payroll Taxes&Benefits 402.402.000.531.36.2x.00 -Add GIS Analyst position for half year at 23% 155,353 5,104 160,457 Total expenditures 13,830 Totals Across all Funds Total revenues 15,002,274 Total expenditures 13,316,330 Page 4 of 4 P:\Finance\2021 Budget\Amendment#1\2021 05 04 Admin Report\2021 Budget Summary for Amended Funds CITY OF SPOKANE VALLEY, WA 5/4/2021 2021 Budget Amendment 2021 As Proposed As Adopted Amendment Amended #001 -GENERAL FUND RECURRING ACTIVITY Revenues Property Tax 12,724,200 0 12,724,200 Sales Tax 22,220,000 2,980,000 25,200,000 Sales Tax - Public Safety 1,054,800 105,200 1,160,000 Sales Tax -Criminal Justice 1,862,400 177,600 2,040,000 Gambling Tax and Leasehold Excise Tax 384,000 0 384,000 Franchise Fees/Business Registration 1,215,000 0 1,215,000 State Shared Revenues 1,760,000 0 1,760,000 Fines and Forfeitures/Public Safety 1,010,200 0 1,010,200 Community and Public Works 1,908,719 0 1,908,719 Recreation Program Revenues 643,600 0 643,600 Miscellaneous Department Revenue 21,000 0 21,000 Miscellaneous & Investment Interest 592,500 0 592,500 Transfers in -#105 (h/m tax-CP advertising) 30,000 0 30,000 Total Recurring Revenues 45,426,419 3,262,800 48,689,219 Expenditures City Council 631,566 7,106 638,672 City Manager 1,158,089 5,750 1,163,839 City Attorney 718,593 0 718,593 Public Safety 28,101,615 282,146 28,383,761 Deputy City Manager 284,844 0 284,844 Finance/IT 1,500,659 0 1,500,659 Human Resources 318,540 0 318,540 City Hall Operations and Maintenance 301,093 72,508 373,601 Community& Public Works- Engineering 2,098,642 0 2,098,642 Community& Public Works- Economic Dev 1,045,762 51,299 1,097,061 Community& Public Works- Building & Planning 2,487,066 (72,508) 2,414,558 Parks & Rec-Administration 356,467 (1,040) 355,427 Parks & Rec-Maintenance 940,003 0 940,003 Parks & Rec- Recreation 328,534 0 328,534 Parks & Rec-Aquatics 510,053 0 510,053 Parks & Rec- Senior Center 35,403 0 35,403 Parks & Rec- CenterPlace 972,214 0 972,214 General Government 1,297,380 0 1,297,380 Transfers out-#204 (2016 LTGO debt service) 401,500 0 401,500 Transfers out-#309 (park capital projects) 160,000 0 160,000 Transfers out-#311 (pavement preservation) 991,843 0 991,843 Transfers out-#501 (CenterPlace kitchen reserve) 36,600 0 36,600 Transfers out-#502 (insurance premium) 425,000 0 425,000 Total Recurring Expenditures 45,101,466 345,261 45,446,727 Recurring Revenues Over(Under) Recurring Expenditures 324,953 2,917,539 3,242,492 Page 1 of 6 P:\Finance\2021 Budget\Amendment#1\2021 05 04 Admin Report\2021 Budget Summary for Amended Funds CITY OF SPOKANE VALLEY, WA 5/4/2021 2021 Budget Amendment 2021 As Proposed As Adopted Amendment Amended #001 -GENERAL FUND -continued NONRECURRING ACTIVITY Revenues Grant Proceeds 25,000 24,000 49,000 Total Nonrecurring Revenues 25,000 24,000 49,000 Expenditures General Government- IT capital replacements 212,800 0 212,800 City Manager (office furniture for Housing Sery emplo 0 5,000 5,000 Public Safety (replace HVAC units at Precinct) 0 62,000 62,000 Public Safety (replace handguns) 37,500 0 37,500 Public Safety (radar trailer) 11,400 0 11,400 Public Safety (Precinct access control gate) 20,000 0 20,000 Public Safety (Precinct fire panel replacement) 10,000 0 10,000 Public Safety (DEMS/Tasers/BodyCams) 0 109,608 109,608 Economic Dev (Ecology SMP Update) 25,000 0 25,000 Windstorm 2021 Cleanup Costs 0 32,000 32,000 Transfers out-#101 (Street Fund operations) 1,859,600 693,000 2,552,600 Transfers out-#122 (replenish reserve) 0 364,440 364,440 Transfers out-#309 (CenterPlace west lawn) 0 14,876 14,876 Transfers out-#309 (CenterPlace roof repairs) 0 12,227 12,227 Transfers out-#312 ('19 fund bal>50%) 0 11,126,343 11,126,343 Total Nonrecurring Expenditures 2,176,300 12,419,494 14,595,794 Nonrecurring Revenues Over(Under) Nonrecurring Expenditures (2,151,300) (12,395,494) (14,546,794) Excess (Deficit) of Total Revenues Over(Under) Total Expenditures (1,826,347) (9,477,955) (11,304,302) Beginning unrestricted fund balance 42,564,975 42,564,975 Ending unrestricted fund balance 40,738,628 31,260,673 Fund balance as a percent of recurring expenditures 90.33% 68.79% Page 2 of 6 P:\Finance\2021 Budget\Amendment#1\2021 05 04 Admin Report\2021 Budget Summary for Amended Funds CITY OF SPOKANE VALLEY, WA 5/4/2021 2021 Budget Amendment 2021 As Proposed As Adopted Amendment Amended SPECIAL REVENUE FUNDS #101 -STREET FUND RECURRING ACTIVITY Revenues Utility Tax 1,431,000 (431,000) 1,000,000 Motor Vehicle Fuel (Gas) Tax 2,062,000 (262,000) 1,800,000 Multimodal Transportation Revenue 130,600 0 130,600 Right-of-Way Maintenance Fee 70,000 0 70,000 Investment Interest 4,000 0 4,000 Miscellaneous 10,000 0 10,000 Total Recurring Revenues 3,707,600 (693,000) 3,014,600 Expenditures Wages/Benefits/Payroll Taxes 1,127,920 0 1,127,920 Supplies 156,050 0 156,050 Services & Charges 2,525,828 0 2,525,828 Snow Operations 751,652 0 751,652 Intergovernmental Payments 935,000 0 935,000 Vehicle rentals-#501 (non-plow vehicle rental) 10,250 0 10,250 Vehicle rentals-#501 (plow replace.) 60,500 0 60,500 Total Recurring Expenditures 5,567,200 0 5,567,200 Recurring Revenues Over(Under) Recurring Expenditures (1,859,600) (693,000) (2,552,600) NONRECURRING ACTIVITY Revenues Transfers in -#001 1,859,600 693,000 2,552,600 Transfers in -#312 0 0 0 Total Nonrecurring Revenues 1,859,600 693,000 2,552,600 Expenditures Spare traffic signal equipment 0 0 0 Total Nonrecurring Expenditures 0 0 0 Nonrecurring Revenues Over(Under) Nonrecurring Expenditures 1,859,600 693,000 2,552,600 Excess (Deficit) of Total Revenues Over(Under) Total Expenditures 0 0 0 Beginning fund balance 759,299 759,299 Ending fund balance 759,299 759,299 Page 3 of 6 P:\Finance\2021 Budget\Amendment#1\2021 05 04 Admin Report\2021 Budget Summary for Amended Funds CITY OF SPOKANE VALLEY, WA 5/4/2021 2021 Budget Amendment 2021 As Proposed As Adopted Amendment Amended SPECIAL REVENUE FUNDS -continued #122 -WINTER WEATHER RESERVE FUND Revenues Investment Interest 1,900 0 1,900 Transfers in -#001 0 364,440 364,440 Total revenues 1,900 364,440 366,340 Expenditures Street maintenance expenditures 500,000 0 500,000 Transfers out-#101 0 0 0 Total expenditures 500,000 0 500,000 Revenues over (under) expenditures (498,100) (133,660) Beginning fund balance 160,043 160,043 Ending fund balance (338,057) 26,383 CAPITAL PROJECTS FUNDS #309 - PARK CAPITAL PROJECTS FUND Revenues Grant Proceeds 480,530 44,730 525,260 Transfers in -#001 160,000 27,103 187,103 Transfers in -#312 565,150 152,858 718,008 Total revenues 1,205,680 224,691 1,430,371 Expenditures 304 CenterPlace west lawn improvements - Ph. 2 0 14,876 14,876 305 CenterPlace roof repairs 0 12,227 12,227 314 Balfour Park frontage improvements 565,150 0 565,150 315 Browns Park improvements 2020 499,805 204,926 704,731 Install stage fill speakers Great Room 6,346 0 6,346 Repair failed pixels Great Room 6,505 0 6,505 Reprogram Great Room AN System 12,499 0 12,499 Repair/replace siding at Mirabeau restroom 30,000 0 30,000 Sullivan Park water line 0 152,858 152,858 Total expenditures 1,120,305 384,887 1,505,192 Revenues over (under) expenditures 85,375 (74,821) Beginning fund balance 75,578 75,578 Ending fund balance 160,953 757 Page 4 of 6 P:\Finance\2021 Budget\Amendment#1\2021 05 04 Admin Report\2021 Budget Summary for Amended Funds CITY OF SPOKANE VALLEY, WA 5/4/2021 2021 Budget Amendment 2021 As Proposed As Adopted Amendment Amended CAPITAL PROJECTS FUNDS -continued #312 -CAPITAL RESERVE FUND Revenues Transfers in -#001 (.19 fund bal>50%) 0 11,126,343 11,126,343 Investment Interest 100,000 0 100,000 Total revenues 100,000 11,126,343 11,226,343 Expenditures Transfers out-#309 (Balfour Park frontage improver 565,150 0 565,150 Transfers out-#309 (Sullivan Park waterline) 0 152,858 152,858 Transfers out-#314 (Pines Rd Underpass) 64,192 0 64,192 Transfers out-#314 (Barker Rd Overpass) 411,582 0 411,582 Transfers out-#314 (Sullivan Rd Interchange) 250,000 0 250,000 WSDOT Sullivan Park Property Acquisition 759,600 0 759,600 Total expenditures 2,050,524 152,858 2,203,382 Revenues over (under) expenditures (1,950,524) 9,022,961 Beginning fund balance 8,505,577 8,505,577 Ending fund balance 6,555,053 17,528,538 ENTERPRISE FUNDS #402 -STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees 1,900,000 0 1,900,000 Investment Interest 40,000 0 40,000 Total Recurring Revenues 1,940,000 0 1,940,000 Expenditures Wages/Benefits/Payroll Taxes 538,864 13,830 552,694 Supplies 14,750 0 14,750 Services & Charges 1,320,643 0 1,320,643 Intergovernmental Payments 45,000 0 45,000 Vehicle rentals-#501 6,750 0 6,750 Total Recurring Expenditures 1,926,007 13,830 1,939,837 Recurring Revenues Over(Under) Recurring Expenditures 13,993 (13,830) 163 Page 5 of 6 P:\Finance\2021 Budget\Amendment#1\2021 05 04 Admin Report\2021 Budget Summary for Amended Funds CITY OF SPOKANE VALLEY, WA 5/4/2021 2021 Budget Amendment 2021 As Proposed As Adopted Amendment Amended ENTERPRISE FUNDS -continued #402 -STORMWATER FUND -continued NONRECURRING ACTIVITY Revenues Grant Proceeds 100,000 0 100,000 Total Nonrecurring Revenues 100,000 0 100,000 Expenditures Capital -various projects 500,000 0 500,000 Watershed studies 100,000 0 100,000 Stormwater Comprehensive Plan Update 100,000 0 100,000 Total Nonrecurring Expenditures 700,000 0 700,000 Nonrecurring Revenues Over(Under) Nonrecurring Expenditures (600,000) 0 (600,000) Excess (Deficit) of Total Revenues Over(Under) Total Expenditures (586,007) (13,830) (599,837) Beginning working capital 2,159,796 2,159,796 Ending working capital 1,573,789 1,559,959 Page 6 of 6 Appendix A EMPLOYEE POSITION CLASSIFICATION MONTHLY SALARY SCHEDULE Effective January 1,2021 Position Title Grade 2021 Range City Manager Unclassified Deputy City Manager 22 10,063.44 - 16,365.38 City Attorney 21 9,066.16 - 14,728.96 Finance Director 21 9,066.16 - 14,728.96 Parks and Recreation Director 20 8,159.44 - 13,257.04 City Engineer 19 7,343.36 - 11,931.46 Deputy City Attorney 19 7,343.36 - 11,931.46 Human Resources Manager 19 7,343.36 - 11,931.46 Planning Manager 18 6,609.87 - 10,737.79 Building Official 18 6,609.87 - 10,737.79 Engineering Manager 18 6,609.87 - 10,737.79 Economic Development Manager 18 6,609.87 - 10,737.79 Senior Engineer 17 5,948.55 - 9,663.61 Accounting Manager 17 5,948.55 - 9,663.61 Assistant Building Official 17 5,948.55 - 9,663.61 Public Works Superintendent 17 5,948.55 - 9,663.61 Senior Administrative Analyst 17 5,948.55 - 9,663.61 IT Manager 17 5,948.55 - 9,663.61 Attorney 16 5,353.16 - 8,696.69 City Clerk 16 5,353.16 - 8,696.69 Engineer 16 5,353.16 - 8,696.69 Senior Planner 16 5,353.16 - 8,696.69 Development Services Coordinator 16 5,353.16 - 8,696.69 GIS/Database Administrator 16 5,353.16 - 8,696.69 Accountant/Budget Analyst 16 5,353.16 - 8,696.69 Housing and Homeless Services Coordinator 16 5,353.16 - 8,696.69 Associate Planner 15 4,818.50 - 7,827.56 Assistant Engineer 15 4,818.50 - 7,827.56 IT Specialist 15 4,818.50 - 7,827.56 Engineering Technician II 15 4,818.50 - 7,827.56 Economic Development Project Specialist 15 4,818.50 - 7,827.56 Senior Plans Examiner 15 4,818.50 - 7,827.56 Public Information Officer 15 4,818.50 - 7,827.56 Administrative Analyst 15 4,818.50 - 7,827.56 Maintenance/Construction Foreman 15 4,818.50 - 7,827.56 GIS Analyst 15 4,818.50 - 7,827.56 Mechanic 14 4,336.92 - 7,045.35 Human Resource Analyst 14 4,336.92 - 7,045.35 CenterPlace Coordinator 14 4,336.92 - 7,045.35 Planner 14 4,336.92 - 7,045.35 Building Inspector II 14 4,336.92 - 7,045.35 Plans Examiner 14 4,336.92 - 7,045.35 Engineering Technician I 14 4,336.92 - 7,045.35 Senior Permit Specialist 14 4,336.92 - 7,045.35 Code Enforcement Officer 14 4,336.92 - 7,045.35 Maintenance/Construction Inspector 14 4,336.92 - 7,045.35 Recreation Coordinator 13 3,902.91 - 6,340.57 Deputy City Clerk 13 3,902.91 - 6,340.57 Customer Relations/Facilities Coordinator 13 3,902.91 - 6,340.57 Building Inspector I 13 3,902.91 - 6,340.57 Executive Assistant 13 3,902.91 - 6,340.57 Planning Technician 13 3,902.91 - 6,340.57 Human Resources Technician 13 3,902.91 - 6,340.57 Senior Center Specialist 12 3,513.90 - 5,706.37 Permit Facilitator 12 3,513.90 - 5,706.37 Help Desk Technician 12 3,513.90 - 5,706.37 Accounting Technician 12 3,513.90 - 5,706.37 Administrative Assistant 12 3,513.90 - 5,706.37 Recreation Specialist 12 3,513.90 - 5,706.37 Maintenance Worker 11-12 3,161.54 - 5,706.37 Permit Specialist 11 3,161.54 - 5,135.98 Office Assistant II 10-11 2,845.20 - 5,135.98 Custodian 10 2,845.20 - 4,621.30 Office Assistant I 9-10 2,561.00 - 4,621.30 Note: Slight rounding differences may exist between the figures reflected on this page and the actual payroll rates computed by the Eden Payroll System. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 4, 2021 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 — proposed replacement Spokane Regional Transportation Council interlocal agreement. GOVERNING LEGISLATION: Chapter 39.34 RCW; chapter 47.80 RCW, and chapter 468-86 WAC. PREVIOUS COUNCIL ACTION TAKEN:Approval of interlocal agreement in 2003 to join the Spokane Regional Transportation Council(SRTC),and approval of amended agreement in 2013. BACKGROUND: SRTC is the Regional Transportation Planning Organization (RTPO) for the Spokane region, and further serves as the region's Metropolitan Planning Organization(MPO),both of which have state and federal funding implications for the region. The essential duties for SRTC are identified in the new Section(C)(3) as follows: SRTC shall: (1) prepare and periodically update a transportation strategy for the region; (2)prepare a transportation plan in cooperation with WSDOT, STA, and local governments that is consistent with countywide planning policies under Chapter 36.70A RCW; (3) certify that the transportation elements of comprehensive plans adopted within the SRTC boundaries comply with RCW 47.80.023(3); (4) develop a six-year regional transportation improvement program which proposes regionally significant transportation projects and programs,as well as,transportation demand management measures;and(5) review level of service methodologies for cities and counties planning under Chapter 36.70A RCW to promote a consistent regional evaluation of transportation facilities and corridors(RCW 47.80.023(8)). The City has been a member of SRTC since incorporation, and have had one Councilmember as a representative on the SRTC Board over that period,currently held by Mayor Wick. As a result of a 2019 change to RCW 47.80.050(2), any RTPO seeking to be eligible for state funding for operation of the organization must "provide a reasonable opportunity for voting membership to federally recognized tribes that hold reservation or trust lands within the planning area of the regional transportation planning organization and does not have voting membership in the regional transportation planning organization"which must be done by August 1,2021. Currently,neither of the two qualifying Tribes within the boundaries of SRTC have been provided a reasonable opportunity for voting membership as required by RCW 47.80.050. Given this, the SRTC Board discussed how to comply with this mandate within the existing language of the SRTC interlocal agreement. It was determined that the language in the existing interlocal would need to be modified in order to comply with RCW 47.80.050 and, if that portion of the interlocal was to be modified,then there were other changes that should be made. After further analysis and recommendation by attorneys for SRTC,Spokane County,Spokane Valley,Spokane,and STA,the SRTC Board determined that the best course was to redraft a new interlocal agreement to clean up a number of issues. The SRTC Board established a committee,comprised largely of the Board,to work with the attorney group to provide policy directives to draft the new proposed interlocal agreement. The committee and attorneys began work in mid-January, with regular meetings for fine-tuning policy direction and decision-making. The working committee agreed on a draft in early April,which has now been sent to member jurisdictions for approval. Pursuant to its terms,the new interlocal will be effective once Spokane County plus 60% of the members representing 75% of the population approve it. In addition to offering voting membership to the Spokane Tribe and the Kalispel Tribe(which must be done before August 1, 2021), other changes of note include changes to the makeup of the Board (including Spokane Valley now having two seats instead of one), and to provide a revised weighted voting system if requested. The letter from SRTC Interim Director Kevin Wallace (attached) provides a summary of the main changes. OPTIONS: (1)Place on a future agenda for motion consideration; or(2)take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for motion consideration. BUDGET/FINANCIAL IMPACTS:The City's membership dues are not anticipated to change as a result of the new interlocal agreement,with each year's dues set by SRTC as part of their annual budget process. In 2021, Spokane Valley's dues are $25,347. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Letter from SRTC Interim Director Kevin Wallace with both the existing interlocal agreement,as well as the proposed replacement interlocal agreement. SPOKANE REGIONAL SRTC TRANSPORTATION COUNCIL 421W.IlIVERSIt}E AVE. SUITE 300 •SPOKANE WA 99201-569.343.633•WWW.SRIC.0REi April 19, 2021 The Honorable Ben Wick City of Spokane Valley 10210 E Sprague Ave Spokane Valley WA 99206 Dear Mayor Wick, On April 15, 2021 a group of signatories to the SRTC Interlocal Agreement (ILA) approved language for a new agreement. This approval represented the culmination seven meetings that began last November. The purpose of the ILA is to define how SRTC and its member agencies will coordinate and cooperate in the regional transportation planning process. A copy of the proposed 2021 Interlocal Agreement is enclosed. For reference, a copy of our existing 2013 Agreement is also enclosed. With this letter, I am asking that you take the 2021 Interlocal Agreement to your governing body for consideration and approval. The proposed ILA includes several changes to our existing 2013 agreement, as summarized below: • Section 2: Purpose and Designation: The new agreement reaffirms the creation of SRTC as the state designated Regional Transportation Planning Organization (RTPO) and federally designated Metropolitan Planning Organization (MPO) for Spokane County. • Section 3: Powers, Functions and Duties of SRTC: This section has been rewritten to define SRTC's boundaries and areas of jurisdiction, which were included as Section 4 in the 2013 agreement. The section also defines RTPO duties under state law, as well as SRTC's federal duties as an MPO and Transportation Management Area (TMA). • Section 4: SRTC Board of Directors: This section replaces Section 5: Governing Body and Officers in the 2013 agreement. The signatories spent most of their time updating this section of the agreement. Significant changes include: o Expanding the Board to 21 voting representatives known as "Directors". o Establishing voting membership on the Board for the Spokane Tribe and Kalispel Tribe. o Establishing voting membership on the Board for the freight/rail representative and for the cities of Deer Park, Medical Lake, and Millwood. o Establishing a second voting seat for the City of Spokane Valley. o Establishing a shared seat on the Board for the towns of Fairfield, Latah, Rockford, Spangle and Waverly. o Eliminating the provision that would remove a Board member with three unexcused absences in a calendar year. o Updating the weighted voting system, as defined in Attachment 1. • City of Airway Heights • City of Cheney • City of Deer Park • City of Liberty Lake • City of Medical Lake • City of Millwood • City of Spokane • City of Spokane Valley • Spokane County • Spokane Transit Authority • Town of Latah • Town of Fairfield • Town of Rockford • Town of Spangle • Town of Waverly • Washington State Department of Transportation • Washington State Transportation Commission • Section 6: Officers and Standing Committees: This section establishes a rotation schedule for Board officers and affirms three standing committees: 1) Board Administrative Committee; 2) Transportation Advisory Committee; and 3) Transportation Technical Committee. • The signatories reorganized several sections and made additional modifications throughout to make the new agreement read more clearly. I would like to thank you for your continued support and participation in the regional transportation planning process. At your earliest convenience, please schedule the new SRTC Interlocal Agreement for consideration by your governing body. Once approved, please contact Julie Meyers-Lehman, SRTC Administrative Coordinator by phone at (509) 343-6370 or by email at julieml@srtc.org and she will make arrangements for obtaining a signature from the appropriate representative of your governing body. If you anticipate there will be questions from your governing body about the content of the new agreement, please feel free to contact me directly, either by telephone at (509) 435-3823 or by email at kwallace@srtc.org. Sincerely, Kevin Wallace Interim Executive Director Enclosures: 2 • 2013 SRTC Interlocal Agreement • Proposed 2021 SRTC Interlocal Agreement cc: City Manager Mark Calhoun City Clerk Chris Bainbridge Stanley Schwartz, SRTC Legal Counsel INTERLOCAL AGREEMENT RELATING TO THE FORMATION AND OPERATION OF THE SPOKANE REGIONAL TRANSPORTATION COUNCIL AND OTHER MATTERS RELATING THERETO Spokane Regional Transportation Council 421 W Riverside Ave. Spokane, Washington 99201 {S2195859,1 Table of Contents Section 1. NAME/ORGANIZATION 1 Section 2. PURPOSE AND DESIGNATION 2 Section 3. POWERS, FUNCTIONS AND DUTIES OF SRTC 3 Section 4. SRTC BOARD OF DIRECTORS 4 Section 5. POWERS AND DUTIES OF SRTC BOARD OF DIRECTORS 8 Section 6. OFFICERS AND STANDING COMMITTEES 10 Section 7. ALLOCATION OF COSTS, APPROPRIATIONS, EXPENDITURES 12 Section 8. REAL AND PERSONAL PROPERTY 12 Section 9. INSURANCE 12 Section 10. RELATIONSHIP BETWEEN SRTC, CITY, TOWN AND COUNTY GOVERNMENTS 13 Section 11. TERMINATION OF MEMBERSHIP 13 Section 12. EFFECTIVE DATE AND BINDING AGREEMENT 13 Section 13. NEW MEMBERS 13 Section 14. MODIFICATION 13 Section 15. SUCCESSOR IN INTEREST 14 Section 16. DEFAULT 14 Section 17. REMEDIES 14 Section 18. GENERAL TERMS 14 Section 19. CHAPTER 39.34 RCW REQUIRED CLAUSES 15 ATTACHMENT 1 16 ATTACHMENT 2 17 {S2195859,1 } 1 Return To: Spokane Regional Transportation Council 421 W. Riverside Ave., Ste. 500 Spokane, WA 99201 INTERLOCAL AGREEMENT RELATING TO THE FORMATION AND OPERATION OF THE SPOKANE REGIONAL TRANSPORTATION COUNCIL AND OTHER MATTERS RELATING THERETO. This AGREEMENT, is made and entered into among the County of Spokane, a political subdivision of the State of Washington (County), the City of Spokane, a municipal corporation of the State of Washington (Spokane), the City of Spokane Valley, a non-charter code city of the State of Washington (Spokane Valley), the Washington State Department of Transportation, an agency of the State of Washington (WSDOT), the Washington State Transportation Commission (WSTC), the Spokane Transit Authority, a municipal corporation of the State of Washington (STA), and other Cities and Towns within Spokane County, each a "Party" and jointly the "Parties." RECITALS WHEREAS, a regional transportation planning organization (RTPO) may be formed through voluntary association of local governments as set forth in RCW 47.80.020; WHEREAS, an RTPO shall encompass "one complete county," "have a population of at least 100,000," and "at least 60% of the cities and towns within the region representing a minimum of seventy-five percent of the cities' and towns' population;" and WHEREAS, RTPOs are intended to be integrated with the metropolitan planning organization program in urbanized areas (WAC 468-86-060). NOW, THEREFORE, it is hereby agreed by the Parties: Section 1. NAME/ORGANIZATION By prior agreements, the Parties previously created and continued a voluntary association known as the "Spokane Regional Transportation Council" (SRTC) for purposes of providing regional transportation planning within its boundaries pursuant to state and federal law. The Parties hereby reaffirm and continue the existence of SRTC through this Agreement. Upon ratification of this Agreement as set forth herein it shall supersede all prior repealed agreements listed herein and the Parties expressly hereby rescind and repeal: {S2195859; 1 } Page 1 of 15 An Interlocal Agreement among Spokane County, City of Spokane, City of Spokane Valley, Washington State Department of Transportation, Spokane Transit Authority and other Cities and Towns within Spokane County, to form the Spokane Regional Transportation Council, define its organization and powers, and its jurisdictional area last dated April, 2013. For historical and chronological reference and without reviving any prior terms of any repealed agreement, listed below are the prior agreements regarding SRTC: Agreement creating the Spokane Regional Planning Conference, Spokane, Washington, dated December 15, 1966. An Amended Agreement between Spokane County, Washington, and City of Spokane, Washington, to form a Spokane Regional Planning Conference, Define its Organization and Powers, and Establish its Regional Planning District, dated August 31 , 1972. An Amended Agreement between Spokane County, Washington, and the City of Spokane, Washington, and other municipalities, to form Spokane Regional Council, Define its Organization and Powers, and Establish Regional Council Jurisdiction Area, dated August 15, 1984. An Interlocal Agreement among Spokane County, City of Spokane, Washington State Department of Transportation, Spokane Transit Authority, and Other Cities and Towns within Spokane County, to form a Regional Transportation Council, Define its Organization and Powers, and Establish a Regional Council Jurisdictional Area dated October 12, 1993. An Interlocal Agreement among Spokane County, City of Spokane, Washington State Department of Transportation, Spokane Transit Authority, and other Cities and Towns within Spokane County to form a Spokane Regional Transportation Council, Define its Organization and Powers, and Establish a Regional Council Jurisdictional Area dated April 28, 2003. An Interlocal Agreement among Spokane County, City of Spokane, City of Spokane Valley, Washington State Department of Transportation, Spokane Transit Authority and other Cities and Towns within Spokane County, to form the Spokane Regional Transportation Council, define its organization and powers, and its jurisdictional area last dated October 23, 2010. Section 2. PURPOSE AND DESIGNATION The purposes of this Agreement are: A. To reaffirm the creation and continued existence of SRTC as the state Regional Transportation Planning Organization (RTPO) for the incorporated and unincorporated area of Spokane County pursuant to chapter 36.70A RCW (Growth Management Act) {S2195859; 1 } Page 2 of 15 and chapter 47.80 RCW (Regional Transportation Planning Organizations), each as currently adopted or as amended; and B. To reaffirm and continue the designation of SRTC as the federal Metropolitan Planning Organization (MPO) for the region and any designated Transportation Management Area (TMA) within the incorporated and unincorporated areas of Spokane County pursuant to 23 USC §§ 134 and 135, 49 USC §§ 5303 and 5304, 23 CFR Parts 450 and 771 and 49 CFR Part 613, each as currently adopted or as amended. This Agreement is not intended to constitute any change in SRTC's status as the region's RTPO or MPO and the Parties hereby find that the execution of this Agreement is not a redesignation of the MPO pursuant to 23 CFR § 450.310(j). Section 3. POWERS, FUNCTIONS AND DUTIES OF SRTC A. BOUNDARIES AND AREA OF JURISDICTION The boundaries of SRTC shall be the boundaries of Spokane County, Washington and shall include all incorporated and unincorporated area of Spokane County, Washington. If required by the laws or regulations of the State of Washington or of the government of the United States of America, the boundaries and jurisdiction of SRTC shall automatically change to include contiguous areas across county or state boundaries or borders, as designated by the appropriate governmental agency. B. REGIONAL TRANSPORTATION PLANNING ORGANIZATION SRTC shall conduct and administer regional transportation planning and funding programs and shall perform and execute all powers, functions and responsibilities of the region's RTPO pursuant to chapter 47.80 RCW and chapter 468-86 WAC, as currently adopted or as amended. C. REGIONAL TRANSPORTATION DUTIES SRTC shall: (1) prepare and periodically update a transportation strategy for the region; (2) prepare a transportation plan in cooperation with WSDOT, STA, and local governments that is consistent with countywide planning policies under Chapter 36.70A ROW; (3) certify that the transportation elements of comprehensive plans adopted within the SRTC boundaries comply with RCW 47.80.023(3); (4) develop a six-year regional transportation improvement program which proposes regionally significant transportation projects and programs, as well as, transportation demand management measures; and (5) review level of service methodologies for cities and counties planning under Chapter 36.70A RCW to promote a consistent regional evaluation of transportation facilities and corridors (RCW 47.80.023(8)). {S2195859; 1 } Page 3 of 15 D. METROPOLITAN TRANSPORTATION PLANNING ORGANIZATION SRTC shall perform and execute all powers, functions and responsibilities of the region's MPO pursuant to 23 USC §§ 134 and 135, 49 USC §§ 5303 and 5304, 23 CFR Parts 450 and 771 and 49 CFR Part 613, as currently adopted or as amended, including the preparation and annual update of the Metropolitan Transportation Plan for the region. E. TRANSPORTATION MANAGEMENT AREA SRTC shall perform all of the functions necessary to support designated TMAs within its boundaries by addressing congestion management within the multimodal transportation system, all pursuant to 23 CFR Part 450 and 23 CFR § 500.109. Section 4. SRTC BOARD OF DIRECTORS A. BOARD COMPOSITION The SRTC Board of Directors (Board) is the policy board providing advice and guidance to SRTC (the RTPO and the federal MPO). The composition of the Board shall at all times conform to all applicable laws and regulations for voting and non-voting membership, with representation and/or participation on the Board pursuant to chapter 47.80 RCW; 23 USC §§ 134,135; 49 USC §§ 5303, 5304; and 23 CFR Part 450. In the event of a change in the above-cited state or federal laws and regulations requiring a change to the composition of the Board, such change shall be completed prior to the effective date set forth by statute or regulation. B. TRIBAL MEMBERSHIP RCW 47.80.020(2) states: In order for a regional transportation planning organization to be eligible to receive state funds that are appropriated for regional transportation planning organizations, a regional transportation planning organization must provide a reasonable opportunity for voting membership to federally recognized tribes that hold reservation or trust lands within the planning area of the regional transportation planning organization. Any federally recognized tribe that holds reservation or trust land within the planning area of a regional transportation planning organization and does not have voting membership in the regional transportation planning organization must be offered voting membership in the regional transportation planning organization every two years or when the composition of the board of the regional transportation planning organization is modified in an interlocal agreement. In accordance with RCW 47.80.020(2), each federally recognized tribe within the SRTC boundaries shall be offered a voting position on the Board as set forth in this Agreement promptly following the ratification of this Agreement. The Board shall review and ensure {S2195859; 1 } Page 4 of 15 SRTC's compliance with RCW 47.80.020 every two years following the date of ratification of this Agreement or whenever this Agreement is modified. C. VOTING PARTIES Effective with the ratification of this Agreement, the Board shall be comprised of 21 voting representatives known as the "Directors": The number of Directors are based upon the Representative Entity. VOTING BOARD Number of Director Total Number of POSITIONS - Seats available Directors Representative Entity Spokane County 2 2 City of Spokane 2 2 City of Spokane Valley 2 2 Tier Two Cities/Towns 1 seat per City 6 (population' range 1,501- 95,000)2 Tier One Cities/Towns 1 shared seat 1 (population </= 1,500)3 Spokane Transit Authority 1 1 WSDOT 1 1 WSTC 1 1 Qualifying Tribal 1 seat per Tribe 2 Government Spokane International 1 1 Airport Board Representative of Major 1 1 Employer within SRTC boundaries Representative of Rail 1 1 Industry TOTAL VOTING 21 DIRECTORS If applicable, a change in the official population estimate of a city or town will automatically result in such city automatically utilizing the same number of Director appointments as other cities or towns of the same population tier in the table above, Population estimates Population is determined using the most recent Decennial Census numbers, as annually updated and estimated by the Department of Commerce,Office of Financial Management. 2 Tier Two Cities/Towns currently consist of Airway Heights, Cheney,Deer Park,Liberty Lake,Medical Lake and Millwood 3 Tier One Cities/Towns currently consist of Fairfield,Latah,Rockford, Spangle, and Waverly {S2195859; 1 } Page 5 of 15 for purposes of Board representation shall be based on the published materials of the Washington State Department of Commerce, Office of Financial Management. In addition to the voting Directors, the Board shall have up to 17 ex officio (nonvoting) Directors of the Board: NONVOTING BOARD Number of Seats Total Number of POSITIONS — Available Directors Representative Entity Chair of Transportation 1 1 Advisory Committee Chair of Transportation 1 1 Technical Committee All Elected State Legislators Up to 15 15 within SRTC boundaries4 TOTAL NONVOTING 17 DIRECTORS D. APPOINTMENT OF DIRECTORS AND ALTERNATES 1 . Directors with Voting Rights a. Voting Directors and alternates shall be appointed by their representative entity according to the procedures of the appointing entity. b. Directors and alternates appointed by Spokane County and the incorporated cities and towns shall be an elected official of the appointing jurisdiction. c. Spokane County and the incorporated cities and towns shall provide written notice of their Director and/or alternate appointment(s) to SRTC not later than sixty (60) days after ratification of this Agreement. Thereafter, appointments shall be provided to SRTC not later than March 1 following the expiration of a Director's term of appointment. d. Directors and/or alternates appointed by the State of Washington shall be appointed in accordance with the respective procedures of WSDOT and WSTC. e. The Director representing Spokane Transit Authority shall be the Chief Executive Officer (CEO) of the Authority or an alternate as designated by the CEO in writing. Legislative Districts 3,4,6,7,9 are currently within the boundaries of SRTC. {S2195859; 1 } Page 6 of 15 f. The Director representing Spokane International Airport shall be the Chief Executive Officer (CEO) of the Spokane International Airport or an alternate as designated by the CEO in writing. g. A voting Director or alternate may exercise full voting rights on the Board immediately upon receipt of the written notice of appointment by SRTC. h. Alternates for a voting Director shall serve in the same representative capacity for the appointing entity as the voting Director.5 The duration of an alternate's appointment shall be set forth in written notice to SRTC. i. Directors appointed by the SRTC Board shall be appointed annually to a three-year term from January 1 through December 31 of each year. j. The Board representatives for a Major Employer and the Rail Industry shall be recruited by the Board and confirmed by a majority vote of the Board. 2. Ex officio Non-Voting Directors a. Elected State Legislators of any legislative district that is wholly or partially within the boundaries of SRTC may attend and participate in any SRTC Board member during their term of office. b. Directors serving on the SRTC Board by virtue of their status as the chair of the Transportation Technical Committee (TTC) or Transportation Advisory Committee (TAC) shall be deemed Directors concurrent with their term as the TTC or TAC chair. E. DIRECTOR TERMS, REMOVAL AND VACANCY 1. All Directors shall be appointed to a term of three (3) years or the remaining term of office for the departing Director, whichever is less. Each Director shall hold office until their successor has been selected, unless such person is legally ineligible to hold such position due to expiration of the elected term, resignation, or other required precedents to appointment. 2. When a Director has three unexcused absences from regular Board meetings during a calendar year, the Board, following an approved motion, shall send a letter to the representative's Party requesting that a new Director be appointed to the Board. An excused absence shall be approved by motion and majority approval of the Board at the meeting from which the Director is absent or at the next regular meeting immediately following the Director's absence. 3. In the event a Director leaves elected office or an appointed position is no longer entitled to a position on the Board, the Director position shall be deemed vacant. Thereafter, the representative entity shall appoint a new Director and notify SRTC of the appointment in writing. An appointed alternate may temporarily fill the For avoidance of doubt, an alternate for an elected official must be an elected official from the same jurisdiction or based on the membership category from either a Tier One or Tier Two City/Town. {S2195859; 1 } Page 7 of 15 vacant position until such time as written notice of a new Director appointment is received by SRTC. F. MEETINGS AND QUORUM 1 . The Board shall hold regular monthly meetings, pursuant to public notice and conduct its regular and special meetings in accordance with chapter 42.30 RCW (Open Public Meetings Act). The Chair may call special meetings of the Board as deemed necessary and shall call a special meeting at the request of a majority of the Board. All committees of the Board shall comply with chapter 42.30 RCW as applicable. 2. A quorum for the purpose of conducting business at any regular or special meeting shall consist of a simple majority of the voting Directors of the Board or designated alternate as applicable. 3. In the event that any available voting Director position on the Board is vacant due to lack of an appointment by the representative entity, such vacant position shall not be included in determining the quorum necessary for Board action. 4. Voting Directors of the Board, or their appointed alternates, shall be entitled to cast a single vote in favor of or against any action, provided, the right to cast a vote shall be dependent upon attendance in accordance with the adopted bylaws or rules of procedure at the regular or special meeting at which the action is taken. G. WEIGHTED VOTING 1. To provide a measure of proportionate representation between the Parties, the Board shall utilize a weighted voting process, which may be requested on any action item by any two voting Directors from different representative entities. A request for a weighted vote shall be stated on the record and seconded by another voting Director either: (1) prior to the vote on the proposed motion; or (2) after the vote but prior to the Board taking action on the next immediate agenda item. Following the request for weighted voting, the Chair shall thereafter conduct a weighted vote on the matter, with the weight of each vote calculated according to the percentages set forth as Attachment 1, Weighted Voting Matrix. If the weighted vote achieves greater than fifty percent (50%) of the vote or 22 votes, the weighted vote shall take precedence over a prior non-weighted vote. 2. A weighted vote may not occur with respect to the adoption of bylaws and rules of procedure (See Section 5(A)), the appointment or discharge of the Executive Director (See Section 5(C)(1)) and adoption of the SRTC budget (See Section 7). Section 5. POWERS AND DUTIES OF SRTC BOARD OF DIRECTORS A. Consistent with the terms of this Agreement, the Board shall adopt bylaws and/or rules of procedure for the conduct of business, including identifying a regular meeting day, time and location, adopting a standardized agenda format and such other matters {S2195859; 1 } Page 8 of 15 relating to the conduct of the Board's business. Such bylaws or rules shall be adopted and amended by affirmative vote of two-thirds of the voting Directors of the Board. B. The Board shall prepare and adopt a proposed annual work program and budget for each calendar year. 1 . The detailed annual work program shall list specific work projects to be undertaken by SRTC. The Executive Director or designee shall confer with and inform the Parties concerning the preparation of and progress on the technical areas of work programs and projects. The proposed annual budget shall set forth the methodology for determining the allocation of costs and expenses to each Party. 2. The Executive Director shall submit the proposed work program and budget for the next calendar year to the Board not later than September 15 annually. Upon approval by the Board, the SRTC budget and related contributions shall be approved or rejected by each Party and notice of such approval or rejection shall be provided to SRTC not later than November 1 of each year. Parties which have not previously been required to contribute funds toward the SRTC annual budget, or Parties who have annual contributions increased by more than 15% over the prior calendar year's contribution shall be given written notice of such proposed increase at least one year in advance of any such increase. 3. Following a request from a Party to perform services on a specific project that is not identified in the work program, the Board may impose a special assessment on the requesting Party. The special assessment shall cover all costs and expenses associated with the specific project and shall be documented in a writing signed by the Party and SRTC. 4. The annual budget and/or work program of the Council may be amended in the same manner as originally adopted pursuant to this Agreement, provided such amendment does not require additional budget appropriations from the Parties in excess of the contributions already adopted for that budget year. C. Within its adopted budget, the Board shall determine the positions, duties, and working conditions of employees to conduct the work of SRTC, including the duties and authority of an Executive Director. 1 . The Executive Director shall be appointed by and serve solely at the pleasure of the Board, provided the appointment or discharge of the Executive Director shall require the affirmative vote of at least two-thirds of the voting Directors of the Board. 2. The Board shall adopt policies and procedures to establish the duties and authority of the Executive Director, including authority to make financial expenditures on behalf of the Board, subject to the annual adopted budget. {S2195859; 1 } Page 9 of 15 3. Unless otherwise determined by the Board, employees are at-will and shall be hired, terminated, and work under the direction of the Executive Director. D. In addition to other powers set forth in this Agreement, the Board is authorized to conduct all necessary business of SRTC and shall have the power to: 1. Retain an Executive Director and fix the salaries, wages and other compensation of all officers and employees of SRTC in a manner consistent with similar professional work; 2. Adopt and revise employee policies plus other conditions of employment; 3. Employ or contract with such engineering, legal, financial and other specialized personnel as may be necessary to accomplish the purposes of SRTC; 4. Approve and authorize application(s) for or acceptance of any grants, provided, in instances where a grant application must be submitted prior to the next regularly scheduled meeting of the Board so that timely Board approval cannot be obtained, the grant application may still be submitted with mutual approval of the Chair and Vice-Chair; 5. Contract with the United States or any agency thereof, any state or agency thereof, any county, city, special purpose district or governmental agency and any private person, firm or corporation for the purpose of receiving grants or other financial support necessary to accomplish the purposes of SRTC; 6. Adopt such policies and procedures as deemed necessary and appropriate to comply with all applicable laws and regulations of the State of Washington for the operation of SRTC; 7. Have all other powers that are necessary to carry out the purposes of SRTC under chapter 47.80 RCW, and chapter 468-86 WAC and 23 USC §§ 134,135; 49 USC §§ 5303, 5304; and 23 CFR Part 450 as currently adopted or as amended. E. All actions taken by the Board shall be motion or resolution approved by a favorable vote of a majority of those voting Directors present Section 6. OFFICERS AND STANDING COMMITTEES A. Officers and Elections: 1 . The Board shall select a Chair and Vice-Chair ("Officers") from among the voting Directors . The Officers shall be elected by majority vote of the Directors at the first regular meeting of the calendar year. Only representatives who are elected officials may be Officers. Ex officio and non-voting Directors may not serve as Officers. {S2195859; 1 } Page 10 of 15 2. To be eligible for the Chair position, a Director shall have served on the Board for at least one year prior to taking office as Chair and shall hold a voting position on the Board. 3. The term for each Officer position shall be one year. 4. The office of the Chair shall rotate on a yearly basis among the following Parties in the following sequence beginning on January 1, 2022 as follows: a. Towns and cities, excluding the cities of Spokane and Spokane Valley; b. City of Spokane; c. Spokane County; and d. City of Spokane Valley. In any year, the rotation for the office of the Chair may be altered at the request of the jurisdiction holding the right to the Chair position, upon motion and approval of a majority of the voting members of the Board, at a regular or special meeting of the Board. 5. The Chair shall preside at all meetings of the Board. In the event of the Chair's absence or inability to preside, the Vice Chair shall assume the duties of the Chair; provided, if the Chair is permanently unable to preside, the Board shall select a new Chair following the rotation set forth in Section 6(A)(4). If a vacancy in the office of Vice Chair exists, the Board shall select a new Vice Chair for the remainder of the vacated term. If neither the Chair nor the Vice Chair is available, a majority of the remaining Board may by a majority vote of those present appoint a presiding officer for one meeting. B. Board Committees The Board shall create or maintain the following standing committees: 1 . Administrative Committee 2. Transportation Advisory Committee 3. Technical Advisory Committee C. A quorum for the purpose of transacting committee business shall consist of a simple majority of the members present. No committee shall have the authority to bind the Board or SRTC. The Board shall further define the duties and powers of each Committee by Resolution to contain at a minimum the statement of purpose, duties, responsibilities, and other matters, provided, the Board shall not delegate any of its decision-making authority to any Committee. {S2195859; 1 } Page 11 of 15 D. The Board may create ad hoc committees as it deems necessary, subject to Section 6(C), above. Section 7. ALLOCATION OF COSTS, APPROPRIATIONS, EXPENDITURES After approval of the SRTC budget, no Party may terminate or withhold its financial contribution to SRTC during the stated budget year. A. It is anticipated that most projects and programs of SRTC will involve mutual benefit to the Parties, whether direct or indirect. Costs of the annual budget expenditures shall be divided among the Parties as recommended by the Board and approved by the Parties in the budget approval process set forth in this Agreement. Additional financial contributions to SRTC may be made to accomplish projects and programs deemed to be of particular pertinence or benefit to one or more of the Parties. B. Upon approval of the annual SRTC budget by the Parties, each funding Party shall submit its financial contribution to SRTC on or before January 20 of the new budget year. All such funds contributed to SRTC shall be deposited in the public treasury of the City of Spokane or the public treasury of any other Party as so agreed upon by the Parties; and such deposit shall be subject to the same audit and fiscal controls as the public treasury where the funds are so deposited. These funds shall be used in accordance with the adopted work plan and budget. C. The Executive Director may make expenditures pursuant to the approved SRTC budget, work plan, and approved policies and procedures, and shall maintain records of expenditures and report monthly to the Board on budget activity. D. Payment of all claims shall be signed by the Executive Director or designee and approved monthly by the Board. Such claims, with proper affidavits required by law, shall then be certified for payment or as arranged by the Board. Section 8. REAL AND PERSONAL PROPERTY A. The Board may, through gift, devise, purchase, lease or other form of conveyance, acquire, hold, manage, use and dispose of personal property necessary to accomplish the terms of this Agreement as determined by the Board, and upon such terms and conditions as agreed by the Board. It is recognized that any public or private entity may appropriate funds and may sell, lease, give or otherwise supply personal property, personnel and services to SRTC or other legal or administrative entity for the purpose of operating the joint or cooperative undertaking. B. SRTC shall not acquire or own real property. Section 9. INSURANCE The Board shall obtain property and liability insurance for the matters set forth in this Agreement with coverages and limits reasonably determined by the Board. Insurance {S2195859; 1 } Page 12 of 15 coverage for comprehensive general liability, auto liability, employment practices liability, public official errors and omissions liability, shall not be less than $10,000,000 in the aggregate. Section 10. RELATIONSHIP BETWEEN SRTC, CITY, TOWN AND COUNTY GOVERNMENTS This Agreement is not intended to, and does not, supersede any duties or responsibilities under chapter 36.70A RCW of a governing body or planning commission for any city, town or the County. Section 11. TERMINATION OF MEMBERSHIP A Party may terminate its participation in this Agreement by giving written notice to the Board prior to August 1 of any year, to be effective on December 31 of that year. With the exception of the County, any other Party's termination of participation in this Agreement shall not constitute a modification of this Agreement as defined in Section 14 below. Section 12. EFFECTIVE DATE AND BINDING AGREEMENT The effective date of this Agreement shall be upon ratification of this Agreement by the County and at least 60% of the cities and towns within Spokane County representing at least 75% of the cities' and towns' cumulative population. Upon acceptance and approval, this Agreement shall be binding upon the Parties and their successors, and assigns. Section 13. NEW MEMBERS New members may be added to this Agreement and SRTC as follows. A. A newly organized city or town may join SRTC and become a Party to this Agreement upon submitting the acceptance and certification form (Attachment 2), which acknowledges a request from the governing body to join SRTC as a party to this Agreement. B. For other new members, the Board shall review the request for membership with such member being admitted based upon the unanimous consent of the Parties. C. New members, upon joining SRTC, shall be assessed a pro rata financial contribution pursuant to Section 7 herein. Section 14. MODIFICATION This Agreement may be modified by the unanimous consent of the Parties. {S2195859; 1 } Page 13 of 15 Section 15. SUCCESSOR IN INTEREST SRTC shall be the successor in interest to all grants, contracts, and other documents entered into by SRTC's predecessor, the Spokane Regional Transportation Council. Section 16. DEFAULT Failure by any Party to perform, observe or comply with the covenants, agreements or conditions on its part contained in this Agreement where that failure continues for a period of thirty (30) days after written notice from the Board to the defaulting Party shall constitute an "Event of Default." Section 17. REMEDIES Upon an Event of Default by a Party, the Board may at any time, without waiving or limiting any other right or remedy, pursue any action allowed by law including, by way of example and without limitation, specific performance, declaratory judgment and other equitable remedies, to include recovery of attorney's fees and other costs. Section 18. GENERAL TERMS A. This Agreement contains terms and conditions agreed upon by the Parties. The Parties acknowledge there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. B. In the event any portion of this Agreement should become invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. C. This Agreement shall be construed under the laws of the State of Washington. Any action at law, suit in equity, or judicial proceeding regarding this Agreement or any provision hereto shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. D. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. E. Nothing in this Agreement is intended to give, or shall give, whether directly or indirectly, any benefit or right, greater than that enjoyed by the general public, to third persons. F. The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. They do not purport to and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. {S2195859; 1 } Page 14 of 15 Section 19. CHAPTER 39.34 RCW REQUIRED CLAUSES A. PURPOSE See Section No. 2 above. B. DURATION This Agreement is perpetual until the joint and comprehensive undertaking is either voluntarily dissolved or discontinued pursuant to RCW 47.80.020. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS This Agreement continues the existence of the Spokane Regional Transportation Council, a separate entity from the Parties. The Board shall administer the joint and cooperative undertakings set forth herein. D. RESPONSIBILITIES OF THE PARTIES See provisions above. E. AGREEMENT TO BE FILED This Agreement may be filed with the County Auditor or published on the Parties' websites, as available. F. FINANCING See Section Nos. 5 and 7 above. The Board, or any of the Parties hereto, may receive grants-in-aid from the State or Federal Government or any other department or agency and may accept gifts from public or private entities for the purposes authorized in this Agreement. G. TERMINATION See Section No. 11 above. H. PROPERTY UPON TERMINATION Any Party terminating its role as a member of the SRTC Board of Directors as provided for in Section 11 above shall forfeit any ownership interest in any personal property owned or held by SRTC. Personal property acquired by SRTC in the performance of this Agreement shall be disposed of by the Board upon termination of the Agreement. Unless otherwise required by law or agreement, cash and cash proceeds from sale of personal property shall be disbursed to the Parties according to the contribution made by the Party as set forth in this Agreement. This Interlocal Agreement is approved by the Parties upon compliance with RCW 47.80.020 (see second Recital, page 1). Attachment 2 contains the form of the signature page and certification to be submitted by the Parties. {S2195859; 1 } Page 15 of 15 ATTACHMENT 1 WEIGHTED VOTING MATRIX Agency Regular Vote Weighted Vote3 Airway Heights 1 2.0 Cheney 1 2.0 Liberty Lake 1 2.0 Medical Lake 1 1.0 Deer Park 1 1.0 Millwood 1 1.0 Southeast County Towns1 1 1.0 Fairfield 0.0 Rockford 0.0 Spangle 0.0 Waverly 0.0 Spokane Seat 1 1 3.5 Spokane Seat 2 1 3.5 Spokane County Seat 1 1 3.5 Spokane County Seat 2 1 3.5 Spokane Valley Seat 1 1 3.5 Spokane Valley Seat 2 1 3.5 Spokane Transit 1 2.0 WSDOT 1 2.0 Major Employer 1 1.0 Transportation Commission 1 1.0 Kalispel Tribe 1 1.0 Spokane Tribe 1 1.0 Freight/Rail Representative 1 1.0 Spokane Airports2 1 2.0 Total 21 42.0 'Fairfield, Latah, Rockford, Spangle, and Waverly 2Seat is not included in vote totals until Spokane Airports rejoins the SRTC Board. 3An affirmative weighted vote requires 22 or more total votes. {S2195859,1} Attachment 1 - 1 ATTACHMENT 2 FORM OF ACCEPTANCE AND CERTIFICATION ACTION OF GOVERNING BODY CERTIFICATE I, [ NAME ], the [ POSITION ] for the [ ENTITY ], hereby certify that the "INTERLOCAL AGREEMENT RELATING TO THE FORMATION AND OPERATION OF THE SPOKANE REGIONAL TRANSPORTATION COUNCIL AND OTHER MATTERS RELATING THERETO" was duly adopted at a regular/special meeting of the [ ENTITY ] that was held on [ DATE ], of which all members of [ GOVERNING BODY ] had due and lawful notice and at which a majority thereof were present; with the following vote recorded on the above INTERLOCAL AGREEMENT: AYES, in favor thereof: NOES: ABSENT: ABSTAIN: I further certify that based on the above recorded vote, the INTERLOCAL AGREEMENT was approved at the above meeting; and that [ ENTITY ] is now a party to the INTERLOCAL AGREEMENT. IN WITNESS WHEREOF, I have hereunto set my hand this day of 2021 . [ ENTITY ] Spokane County, Washington By: [ NAME AND POSITION ] {S2195859,1} Attachment 2 - 1 Return To: Spokane Regional Transportation Council 221 W. First Avenue, Suite 310 Spokane, WA 99201 AN INTERLOCAL AGREEMENT AMONG SPOKANE COUNTY, CITY OF SPOKANE, CITY OF SPOKANE VALLEY, WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SPOKANE TRANSIT AUTHORITY, SPOKANE AIRPORT BOARD AND OTHER CITIES AND TOWNS WITHIN SPOKANE COUNTY, TO FORM THE SPOKANE REGIONAL TRANSPORTATION COUNCIL, DEFINE ITS ORGANIZATION AND POWERS, AND ITS JURISDICTIONAL AREA. THIS AGREEMENT, is made and entered into among the County of Spokane, a political subdivision of the State of Washington, hereinafter referred to as the "County," the City of Spokane, a municipal corporation of the State of Washington, the City of Spokane Valley, a non-charter code city of the State of Washington, the Washington State Department of Transportation, an agency of the State of Washington, hereinafter referred to as "WSDOT," the Washington State Transportation Commission, hereinafter referred to as "WSTC", the Spokane Transit Authority, a municipal corporation of the State of Washington, hereinafter referred to as "STA," Spokane Airport Board, a joint operation of the County and City of Spokane, hereinafter referred to as "SAB" and other incorporated towns and cities located within Spokane County, hereinafter referred to as "Other Members," jointly, along with the County, City of Spokane, STA and WSDOT are collectively referred to as the "Members." WITNESSETH: WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities may jointly cooperate to perform functions which each may individually perform; and WHEREAS, on July 6, 2012, the President of the United States signed the Moving Ahead for Progress in the 21st Century Act (MAP-21), which provided authorization for highways, highway safety, and mass transportation and enunciated a policy "[t]o develop a National Intermodal Transportation System that is economically efficient, environmentally sound, provide the Page 1 of 18 foundation for the nation to compete in the global economy and will move people and goods in an energy efficient manner;" and WHEREAS, in 1962, Federal transportation legislation required the establishment, by agreement between the Governor of the State of Washington and units of general purpose local government, of a Metropolitan Planning Organization (MPO), which in cooperation with the State of Washington, shall develop transportation plans and programs for urbanized areas of Washington State; and WHEREAS, Chapter 47.80 RCW authorizes the formation of a Regional Transportation Planning Organization (RTPO) by voluntary association of local governments within a county; provided each RTPO shall have as members the county and at least sixty percent of the cities and towns within the RTPO's boundaries, representing a minimum of seventy-five percent of the cities' and towns' population; and WHEREAS, each RTPO formed by local governments shall create a transportation policy board to provide policy advice to the RTPO and shall allow representatives of major employers within the region, the department of transportation, transit districts, port districts, and member cities, towns, and counties within the region to participate in policy making; and WHEREAS, among other duties, each RTPO shall: (i) develop and periodically update a regional transportation plan in cooperation with the State Department of Transportation, providers of public transportation and high capacity transportation, ports, and local governments within the region and shall (ii) designate a lead planning agency to coordinate preparation of said regional transportation plan and carry out the other responsibilities of the organization; and WHEREAS, RCW 47.80.020 provides that the RTPO in an urbanized area shall be the same as the MPO designated for federal transportation planning purposes; and WHEREAS, pursuant to the above referenced state and federal laws, the Members are desirous of establishing a regional transportation council ("Council") to carry out the responsibilities of the MPO as provided in Federal Transportation legislation as well as other responsibilities determined by the Council. Page 2 of 18 NOW, THEREFORE, in consideration of the following terms and conditions, to include the above recitals, which are incorporated herein as a part of this Agreement, it is agreed among the Members: Section 1 : NAME/ORGANIZATION A voluntary association and joint board, comprising representatives of the County, City of Spokane, City of Spokane Valley, Washington State Department of Transportation (WSDOT), Washington State Transportation Commission (WSTC), Spokane Transit Authority (STA), Spokane Airport Board (SAB) and Other Members is hereby created and shall be known as the Spokane Regional Transportation Council, referred to hereinafter as the "Council." Section 2: PURPOSE Recognizing that coordinated transportation planning of the County, Cities and Towns, WSDOT, WSTC, STA, SAB and Other Members are necessarily interwoven and interdependent and that the interests of all citizens will best be served by coordinated, cooperative, and comprehensive transportation planning, this Council is established to facilitate such appropriate coordination and cooperation and provide for continuing area wide transportation planning in accordance with Section 3, herein. The Council is not authorized to in any way supersede the authority vested in the County, Cities and Towns, WSDOT, WSTC, STA, SAB or Other Members, but is intended to meet the prerequisites of United States Code Titles 23 and 49, and RCW Chapter 47.80. Section 3: POWERS AND FUNCTIONS The functions, responsibilities, and powers of Council shall be as follows: (a) To perform the functions of a Transportation Management Area (TMA) for the metropolitan area, which includes those functions set forth in the MAP- 21 legislation of July 6, 2012, and related rules, as amended to implement MAP-21 as well as those functions, which may be required hereinafter by subsequent Federal Transportation legislation. (b) To perform the functions of a Metropolitan Planning Organization (MPO) as set forth in Title 23 United States Code and Title 49 United States Code as currently adopted or as amended, and 23 CFR Parts 450 and 500 and 40 CFR Part 613, as currently adopted or as amended. Page 3 of 18 (c) To perform the functions of a Regional Transportation Planning Organization (RTPO) as set forth in Ch. 47.80 RCW and Ch. 468-86 WAC, as currently adopted or as amended. (d) To prepare and update a Metropolitan Transportation Plan pursuant to 23 CFR Parts 450 and 500 and 49 CFR Part 613. (e) To engage in regional transportation planning. (f) To administer regional transportation funding programs and consider those projects which have been approved by the governing bodies of the Members and which are incorporated within the adopted Metropolitan Transportation Plan. (g) To participate in the development and maintenance of transportation related information necessary to support the functions and responsibilities of the Council. (h) To promote the regional transportation interests, plans and projects to local, state and federal public and private entities. (i) To contract with the WSDOT or other appropriate entities in order to meet requirements of State and/or Federal Transportation legislation. (j) To create committees as necessary, to advise the Board on regional transportation related matters. At a minimum this shall include: a. the Transportation Advisory Council (TAC) whose composition and responsibilities shall be defined by the Board. b. the Transportation Technical Committee (TTC) whose composition and responsibilities shall be defined by the Board. (k) To comply with the Transportation Planning requirements set forth in the Washington State Growth Management Act, and Ch. 47.80 RCW, consistent with Spokane County County-wide Planning Policies. (I) To perform such other transportation planning and program related functions as the Board may hereinafter determine to be in the best interests of the Council and the members thereof, which are consistent with the terms of this Agreement and related federal and state law. Page 4 of 18 Section 4: JURISDICTIONAL AND METROPOLITAN AREA DEFINED The Council's jurisdictional area shall consist of all incorporated and unincorporated areas of Spokane County, Washington, and may include contiguous areas across county or state boundaries as deemed appropriate and which meet the criteria of State and/or Federal Transportation legislation. Section 5: GOVERNING BODY AND OFFICERS The governing body (the "Board") of the Council, presently consisting of fourteen (14) voting persons, shall be established by the following thresholds: (a) Jurisdictions under 5,000 people - One (1) person jointly selected by jurisdictions with populations fewer than 5,000 people. The person selected shall be an elected official from a small town/city; (b) Jurisdictions between 5,001 and 50,000 people — Three (3) persons separately selected by the City of Airway Heights, City of Cheney and City of Liberty Lake. The persons selected shall be elected officials; (c) Jurisdictions between 50,001 to 100,000 people — one (1) person appointed by each respective governing body, who shall be an elected official; (d) Jurisdictions over 100,001 people — two (2) persons appointed by each respective governing body, who shall be elected officials; (The population of Spokane County includes the population of its cities and towns); (e) One (1) person from STA, who shall be the STA Chief Executive Officer or his or her designee; (f) Two (2) State Transportation representatives, one (1) from the Washington State Department of Transportation and appointed by the Secretary of Transportation, and one (1) from the Washington State Transportation Commission appointed by the Chair of the Commission; (g) One (1) person who represents a major employer, with preference for a provider of private sector transportation services within the region who shall be appointed by a majority vote of the Board; and (h) One (1) person representing SAB, who shall be the Chief Executive Officer or his or her designee. Page 5 of 18 (i) There shall be three (3) ex officio, non-voting members serving on the Board representing different modes of transportation, which shall include: (1) One (1) person representing Rail; who shall be appointed by the Members; and (2) The Chair of the TTC (3) The Chair of the TAC (j) Pursuant to RCW 47.80.040, all legislators whose districts are wholly or partially within the designated boundaries of the Council, are considered ex officio (non-voting) members of the Board. (k) All Board appointments shall be for a term of three (3) years or the tenure of office of the representative in his/her respective jurisdiction, whichever is the lesser time. Alternate Board representatives may serve in the absence of the designated representative so long as the alternate representative is an elected or appointed official of the appointing Member's parent agency (or governing body, as appropriate) and whose name has been placed on record with the Council. All alternate Board representatives must serve in the same capacity as the regularly designated representative as defined hereinabove. (I) The Board shall elect a Chair and Vice-Chair ("Officers") by majority vote of the Board. Only representatives who are elected officials may be Officers. To be eligible for the Chair position, the Board Member shall have served on the Board for at least one (1) year. The term for Officers may be up to two (2) years in each office. Ex officio members may not serve as Officers. (m) A Board Member who, during a calendar year, has three (3) unexcused absences from regular Board meetings shall be automatically removed from the Board, without further action. Section 6: MEETINGS AND VOTING The Council shall hold regular monthly Board meetings. The Chair may call a special meeting or executive session or shall call a special meeting at the request of a majority of the Board. All meetings of the Board shall be open to the public as required by chapter 42.30 RCW. A quorum for the purpose of transacting business shall consist of a simple majority of the Board. The Board shall adopt rules for the conduct of its business consistent with this Agreement and such rules shall prescribe the place of meetings, the method of providing reasonable notice to Members, the form of the agenda, the regular meeting date and such other matters that relate to the conduct of the Page 6 of 18 Council's business. Such rules shall be adopted and may be amended by a seventy-five percent (75%) positive vote of the Board, or by amendment to this Agreement as provided herein. All recommendations, motions, or other actions of the Board shall be adopted by a favorable vote of a majority of those present. Voting Board members shall be entitled to one vote. Provided, however, that the following enumerated actions shall take an affirmative vote of a majority of the voting membership of the Board: (a) Approval of the annual budget expenditure division among the Members; (b) Purchase, sale or disposition of real property; and (c) Addition of new members. The appointment or discharge of the Executive Director shall require the affirmative vote of ten (10) Board members. To provide for a measure of proportionate representation within a jurisdiction, the Council adopts a weighted voting process. A weighted vote may be requested by any two Board members. A weighted vote shall be requested either prior to the vote on the proposed motion or after the vote but prior to the Board taking action on a subsequent agenda item. Following the request for weighted voting, the Chair shall thereafter conduct a weighted vote on the matter with the weight of each vote calculated according to the percentages set forth in Table 1 on the following page. If the weighted vote achieves greater than fifty percent (50%) of the vote, the weighted vote shall take precedence over a prior non-weighted vote. A weighted vote may not be requested for items (a)-(c) above. Section 7: STAFF AND SUPPORT The Board shall determine the positions, duties and working conditions of employees as necessary to conduct the work programs of the Council consistent with this Agreement. An Executive Director shall be appointed by and serve solely at the pleasure of the Board. The Board shall adopt policies and procedures to establish the duties and authority of the Executive Director, including authority to make financial expenditures on behalf of the Board. The Board shall approve application(s) for or acceptance of any grants to carry out those functions set forth in Section 3 hereinabove. Provided, however, in instances where a grant application must be submitted prior to the next regularly scheduled meeting of the Board so that timely Board approval cannot Page 7 of 18 Table 1 SRTC Board Majority Vote and Weighted Vote Calculations % of Majority Weighted Weighted Jurisdiction Vote % of Vote Vote (1.286)2 Vote Airway Heights 1 7.14% 1.000 6.48% Cheney 1 7.14% 1.000 6.48% Cities and towns under 5,000 1 1 7.14% 1.000 6.48% Liberty Lake 1 7.14% 1.000 6.48% Private Sector Transportation 1 7.14% 1.000 6.48% Spokane - Member 1 1 7.14% 1.286 8.33% Spokane - Member 2 1 7.14% 1.286 8.33% Spokane County - Member 1 1 7.14% 1.286 8.33% Spokane County - Member 2 1 7.14% 1.286 8.33% Spokane Airport Board 1 7.14% 1.000 6.48% Spokane Transit Authority 1 7.14% 1.000 6.48% Spokane Valley 1 7.14% 1.286 8.33% State Transportation Board 1 7.14% 1.000 6.48% WSDOT 1 7.14% 1.000 6.48% 14 100.00% 15.430 100.00% 1Small cities and towns under 5,000 in population share a single vote on the SRTC Board. These jurisdictions include Deer Park, Fairfield, Latah, Medical Lake, Millwood, Rockford, Spangle, and Waverly. 2 When a weighted vote is called, each vote for representatives from the City of Spokane, the City of Spokane Valley, and Spokane County are weighted by 1.286. This weighted vote formula was established to preserve the voting weight for these three agencies from the 2010 Interlocal Agreement. Page 8 of 18 be obtained, the grant application may still be submitted with mutual approval of the Chair and Vice-Chair. Unless otherwise determined by the Board, employees are at-will and shall be hired and discharged by, and work under the direction of, the Executive Director. The Board may arrange for support services such as requisitioning and purchasing, payment of expenditures, accounting, payroll, computer processing, legal counsel, and others as deemed necessary. Pay schedules shall be set by the Board consistent with responsibilities performed and the demand for such personnel in public and private industry, with due consideration to pay schedules for like positions in Member agencies. Section 8: WORK PROGRAM AND ANNUAL BUDGET The Board shall prepare and adopt a proposed work program and budget for each calendar year. The detailed annual work program shall list specific work projects to be undertaken by the Council. The Executive Director or designee shall confer with and inform Members concerning the preparation of and progress on the technical areas of work programs and projects. The proposed annual budget shall set forth the methodology for determining the allocation of costs, appropriations and expenditures to each member. The Board shall submit the proposed work program and budget to the Members by September 30 of the preceding year. Approval or rejection of such budget by each Member shall be submitted to the Council by November 1 of each year. Members from jurisdictions identified in Section 5(a) that have not previously been required to contribute funds toward the annual budget and Members who have annual assessments increased by more than fifteen percent (15%) shall be given written notice one (1) year in advance of a proposed budget assessment. Following a request from a Member to perform services on a specific project, not identified in the work program, the Board may impose a special assessment on the requesting Member. The special assessment shall be: (a) reasonably determined by the Board and (b) reimburse the costs and expenses associated with the specific project. The annual budget and/or work program of the Council may be amended by vote of the Board, provided such amendment does not require additional budget appropriation in excess of the amounts established in the second Page 9 of 18 paragraph of this Section 8, by the Members. After approval of the Council budget, no Member may terminate or withhold its share during the year for which it was allocated. Section 9: ALLOCATION OF COSTS, APPROPRIATIONS, EXPENDITURES It is anticipated that most projects and programs of the Council will involve mutual benefit to its Members. Costs of the annual budget expenditures shall be divided among the Members as recommended by the Board and approved by the Members in the budget approval process. Any additional agency joining the Council as a Member, shall contribute as agreed with the Board. Additional contributions to the Council budget may be made to accomplish projects and programs deemed to be of particular pertinence or benefit to one or more of the Member agencies. Each funding Member after approval of the proposed Council budget shall submit its payment on or before January 20 of the budget year. The funds of such joint operation shall be deposited in the public treasury of the City of Spokane or the public treasury of any other Member as so agreed upon by the Members; and such deposit shall be subject to the same audit and fiscal controls as the public treasury where the funds are so deposited. The funds shall be used in accordance with the adopted budget and work plan. The Executive Director may make expenditures in accordance with the approved Council budget, work plan and approved policies and procedures, and shall maintain records of expenditures and report monthly to the Board on budget activity. Payment of all claims shall be signed by the Executive Director or designee, and approved monthly by the Board. Such claims, with proper affidavits required by law, shall then be certified for payment by the City of Spokane or as arranged by the Board. Section 10: REAL AND PERSONAL PROPERTY The Council may, through gift, devise, purchase, lease or other form of conveyance, acquire, hold, manage, use and dispose of real and personal property necessary for the joint undertaking set forth herein with such property acquisition upon such terms and conditions as agreed by the Board. It is recognized that any public or private entity may appropriate funds and may sell, lease, give or otherwise supply real and personal property, personnel and services to the Council or other legal or administrative entity for the purpose of operating the joint or cooperative undertaking. Page 10 of 18 The Council may not acquire or use real property to operate a transportation system. Section 11: INSURANCE The Council shall obtain property and liability insurance for the matters set forth in this Agreement with coverages and limits reasonably determined by the Council, provided, insurance coverage for comprehensive general liability, auto liability, employment practices liability, public officials errors and omissions liability, shall not be less than $10,000,000 in the aggregate. Section 12: INTER-RELATIONSHIP BETWEEN COUNCIL, CITIES AND COUNTY PLANNING COMMISSIONS Cities and County Planning Commissions shall continue their respective functions as provided by charter and/or State law, including preparation of Cities' and County Comprehensive Plans, to which the Metropolitan Transportation Plan and Regional Transportation Improvement Plan shall be coordinated, and administering the zoning, subdivision and similar implementing controls as may be assigned them by their respective legislative bodies. The successful execution of Council duties and responsibilities in preparing a Metropolitan Transportation Plan and Regional Transportation Improvement Plan, in coordination with state and local plans, requires comprehensive plans be prepared and kept up-to-date by the City, County, and Other Members for their respective jurisdictions. Section 13: AMENDMENTS AND NEW MEMBERS This Agreement may be amended by unanimous consent of the Members' governing bodies, except WSDOT may take action through its Secretary. Upon majority consent of the voting Members, new members may join the Council upon written acceptance of the terms of this Agreement. Section 14: TERMINATION OF MEMBERSHIP The Cities, County, STA, SAB, WSDOT, WSTC, or Other Members of the Council may terminate membership in the Council by giving written notice to the Council prior to August 1 of any year for the following year. Page 11 of 18 Section 15: PRIOR WRITTEN AGREEMENTS This Agreement shall supersede the following Agreements: Agreement creating the Spokane Regional Planning Conference, Spokane, Washington, dated December 15, 1966. An Amended Agreement between Spokane County, Washington, and City of Spokane, Washington, to form a Spokane Regional Planning Conference, Define its Organization and Powers, and Establish its Regional Planning District, dated August 31, 1972. An Amended Agreement between Spokane County, Washington, and the City of Spokane, Washington, and other municipalities, to form Spokane Regional Council, Define its Organization and Powers, and Establish Regional Council Jurisdiction Area, dated August 15, 1984. An Interlocal Agreement among Spokane County, City of Spokane, Washington State Department of Transportation, Spokane Transit Authority, and Other Cities and Towns within Spokane County, to form a Regional Transportation Council, Define its Organization and Powers, and Establish a Regional Council Jurisdictional Area dated October 12, 1993. An Interlocal Agreement among Spokane County, City of Spokane, Washington State Department of Transportation, Spokane Transit Authority, and other Cities and Towns within Spokane County to form a Spokane Regional Transportation Council, Define its Organization and Powers, and Establish a Regional Council Jurisdictional Area dated April 28, 2003. An Interlocal Agreement among Spokane County, City of Spokane, City of Spokane Valley, Washington State Department of Transportation, Spokane Transit Authority and other Cities and Towns within Spokane County, to form the Spokane Regional Transportation Council, define its organization and powers, and its jurisdictional area last dated October 23, 2010. Section 16: EFFECTIVE DATE and Binding Agreement The effective date of this Agreement shall be upon ratification of this Agreement by the County and, at least, sixty percent (60%) of the cities and towns within the Council area that represent seventy-five percent (75%) of the cities' and towns' population. This Agreement shall be binding upon the Members who have executed this Agreement, their successors and assigns. Page 12 of 18 Section 17: METROPOLITAN PLANNING ORGANIZATION (MPO) DESIGNATION The execution of this Agreement by the Members is not intended to act as a revocation of the MPO or constitute a substantial change in authority or responsibility of the MPO and shall not be interpreted to require the redesignation of the MPO under 23 CFR § 450.310. Section 18: SUCCESSOR IN INTEREST The Council, as provided for herein, shall be the successor in interest to all grants, contracts, and other documents entered into by the Council's predecessor, the Spokane Regional Council. Section 19: DEFAULT Failure by any Member to perform, observe or comply with the covenants, agreements or conditions on its part contained in this Agreement where that failure continues for a period of thirty (30) days after written notice from the Council to the defaulting Member shall constitute an "Event of Default." Section 20: REMEDIES In the event of any Event of Default, the Council may at any time, without waiving or limiting any other right or remedy, pursue any remedy allowed by law including, by way of example and without limitation, specific performance, declaratory judgment and other equitable remedies, and recovery of attorney's fees and other costs for such enforcement action. Section 21 : GENERAL TERMS This Agreement contains terms and conditions agreed upon by the Members. The Members agree that there are not other understandings, oral or otherwise, regarding the subject matter of this Agreement. In the event any portion of this Agreement should become invalid or unenforceable, the rest of the Agreement shall remain in full force and effect. This Agreement shall be construed under the laws of Washington State. Any action at law, suit in equity or judicial proceeding regarding this Agreement or any provision hereto shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. Page 13 of 18 This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. Nothing in this Agreement is intended to give, or shall give, whether directly or indirectly, any benefit or right, greater than that enjoyed by the general public, to third persons. The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. Section 22: RCW CHAPTER 39.34 REQUIRED CLAUSES A. PURPOSE See Section No. 2 above. B. DURATION This Agreement is perpetual until the joint and comprehensive undertaking is either voluntarily dissolved or discontinued pursuant to RCW 47.80.020. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS The Board shall administer the joint and cooperative undertakings set forth herein. D. RESPONSIBILITIES OF THE PARTIES See provisions above. E. AGREEMENT TO BE FILED This Agreement may be filed with the County Auditor or published on the Members' websites, as available. F. FINANCING See Section Nos. 8 and 9 above. The Council, or any of the Members hereto, may receive grants-in-aid from the State or Federal Government or any other department or agency and may Page 14 of 18 accept gifts from public or private entities for the purposes authorized in this Agreement. G. TERMINATION See Section No. 14 above. H. PROPERTY UPON TERMINATION Any Member terminating its membership in the Council as provided for in Section 14 hereinabove shall forfeit any ownership interest in any personal or real property owned or held by the Council. Personal property acquired by the Council in the performance of this Agreement shall be disposed of by the Council upon termination of the Agreement. Unless otherwise required by law or agreement, cash and cash proceeds from sale of personal property shall be disbursed to the Members according to the contribution made by the Member as set forth in this Agreement. Real property shall be conveyed or disposed of as set forth in this Agreement in the same manner as personal property except where a separate instrument or deed reservation exists with regard to any real property in which instance it shall control. IN WITNESS WHEREOF, the Members hereto have entered into this Agreement on the day and year of their respective signature. * cOUrtyr. rti ADOPTED by the Board of County Q E eo.• 'vo k'1 Commissioners of S okane County, ° � ,1 Washington this f day of l //[7 "] , 2013. r� f aD: —) (21,vsA) ell O'cu' Chair ATTEST: (24..,1-/,, (1- DANIELA ERICKSON Al French, Chair Page 15ofl8 REVISED-Rec'd 02/20/2013 CL R F THE BOARD By: 1/(Aeu:(369` Daniela Erickson odd Mielke, Cammi ' ner Clerk of the Board ATTEST: CITY OF SPOKANE (.� -`�#t e� • - Lis" �'`a►�► Ak ti ‘ By David A.Condon ,��. Date: 0Z-1.7- 2OL Mayor C, City of Spokane � ► 1117* „ViApproved as t rm: ), .:or X L elf ° Assistant City Attorney WASHINGTON STATE SPOKANE TRANSIT AUTHORITY DEPARTMENT OF TRANSPORTATION J1/CLAQAAL.E# \?'\--witc---- Secrete v Tray p rtation By Date: Date: 7 poi ir 3 J WASHINGTON ST a TE RANSPO R AT • i COM SSION at Date: i CITY OF AIRWAY HTS., CITY OF CHENEY, WASHINGTON WASHINGTON F---362Abl:R. is-1‘:1/4 _ 1(C--- 11-1`---"--- By By Date: q_5.- / 3 Date: 3 -ILl- 1/3 Page 16 of 18 REVISED-Redd 02/20/2013 CITY OF DEER PARK, WASHINGTON CITY OF FAIRFIELD, WASHINGTON it-itiete4 B Date: Yl! !5 ❑ate: 5-6 7 -/. CITY OF LATAH, WASHINGTON CITY OF IB.RTY-L ., WASHINGTON BY By Date: /- /Z / i-, Date: 3/ _/(,_f CITY OF MEDICAL LAKE, CITY OF MILLWOOD, WASHINGTON WASHINGTON By By Datb: J Z.( I I _ - Date: , f Z-/ 2-0 1 CITY OF ROCKFORD, WASHINGTON CITY OF SPANGLE, WASHINGTON 71;204-4: MoliA-45/10 Date: - / /9//g Date: CITY OF WAVERLY, WASHINGTON CITY OF S KANE VALLEY, . /74/„IF TO By By Date: Date: 7 Pugs 17 of 18 REVISED-Reed 02/20/2013 CITY OF DEER PARK, WASHINGTON CITY OF FAIRFIELD, WASHINGTON By By Date: Date: CITY OF LATAH, WASHINGTON CITY OF LIBERTY LK., WASHINGTON By By Date: Date: CITY OF MEDICAL LAKE, CITY OF MILLWOOD, WASHINGTON WASHINGTON By By Date: Date: CITY OF ROCKFORD, WASHINGTON CITY OF SPANGLE, WASHINGTON By By Date: Date: CITY OF WAVERLY, WASHINGTON CITY OF SPOKANE VALLEY, WASHINGTON By By Date: 11 1- _ Date: Page l7ofIfi SPOKANE AIRPORT BOARD taw£en .e J rauter Date: _ .\ A.%r fd f 4k o % 2 C619 82 D§ „rg� � Page»JB CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 4, 2021 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 — potential land acquisition — Central Valley School District Ponderosa property at 44th Avenue and Bates Road. GOVERNING LEGISLATION: RCW 35A.11.020; SVMC 3.49.010. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: In years past, CVSD purchased a number of large parcels in various areas CVSD thought may experience enough growth to warrant construction of a school facility. As time passes,CVSD gets more clarity on whether such parcels are needed, or whether unneeded parcels could be sold and the sale proceeds used elsewhere more effectively. The Central Valley School District(CVSD) owns six parcels of real property generally located at or near the location of Bates Road and 44th Avenue in the Ponderosa area,more particularly identified as Spokane County Assessor Parcel Numbers 44041.0102, 44041.0103, 44041.0104, 44041.9007, 44041.9046, and 44041.9048, all of which comprise approximately 17.7 acres. Discussions between staff for the respective agencies determined there may be mutual interest in a sale from CVSD to the City for park purposes. This lies in an area that was identified in the recent Parks Master Plan Update in 2019 as an area needing additional park space. (See map of the future park needs from the 2019 Parks Master Plan Update,attached) In the discussions with CVSD, City staff also learned that Fire District 8 would likely be interested in participating in the acquisition. Fire District 8 has a station on the southwest corner of the intersection of 44th and Bates, but the facility is relatively old, and Fire District 8 may want to replace it with a modern facility that has additional amenities. City staff has been in contact with them as well. CVSD had the property appraised, and in a January 5, 2021 appraisal report, the fair market value was established at$1,575,000 for all six combined parcels. The City is in the process of negotiating a purchase and sale agreement with CVSD for that amount, and is finishing up its due diligence on the property to ensure it is suitable for park purposes. At the same time, City staff have been negotiating an interlocal agreement with Fire District 8 similar to what we did with the Spokane County Library District for the Balfour property across the street from City Hall. In this situation, once the City owned the property, it would sell three to four acres to Fire District 8. We would then enter into a joint site development plan where the City and Fire District 8 would scope out what their needs were,and adjust the amount of acreage to Fire District 8 accordingly. That would be followed by a boundary line adjustment to clean up the property boundaries. A satellite image of the site is included for reference regarding the location. OPTIONS: (1)Consensus to place on a future agenda for motion consideration; or(2)take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for motion consideration. BUDGET/FINANCIAL IMPACTS: $1,575,000 plus associated closing costs in closing a transaction. The funds are anticipated to come from Fund 312 from the newest layer of transfers from the General Fund that is included in the proposed 2021 budget amendment that is currently in process. Acquisition of this property is not currently included as an appropriation in the 2021 Budget. If the acquisition is made in 2021, this will necessitate a budget amendment this year. If Council reaches consensus to move forward on this item,the acquisition cost will be added to the 2021 Budget amendment currently in process when it comes forward for a first reading on May 18,2021. STAFF CONTACT: Cary Driskell,City Attorney;John Bottelli,Parks,Recreation and Facilities Director. ATTACHMENTS: (1)City future park needs map from 2019 Parks Master Plan Update; (2)satellite map of vicinity with proposed purchase area outlined in green. Park Plan Concept PR.PAK — -Spokane Valley Park Parks Shoreland Access ..`" ■ Existing •--• • CentennialTrail • � '!at' Opportunity Site 1 Outsider Agency Parks E New Park Area �>+'� M — . /' ''' E Miaalonpyp_y ' E MI.i.I. A_ .7 "` II r r III w .s _ - EBraadway Ave x , FSarnouP Ayp • _ E App.'xwayA _ At dhmw i ::ere 'W'''': \ � Arr i 1 •E -. _ SSA' -- 01 7 pry 1141111111 4 Darmr Nr. ,.`t d Cam'+bn M.ik- r y .. Aft l Wevri H. -A- r '.* ...... ,\ • . . \ •i..' " - i� , .„ . '. A. US. :•.„-. is "t A A , {+' :z . I 4„, tkic- - 44th Ave. _ - v - :. l . - - RIT=�•' . ,' f . - ,.• • . itii:t:...4hit-' - ... E 45#h. - E -Thorpe Rd „�__ ' law IIK y ' saaTM-� . }� - _ - -- .-_ ,. Q ,f _ r: - ky tom= C"t i irit joelie it, "rt. 4 ' '.L. r . mow, .+ - Sri • BB 4;'illIIIIIW t.'* - Ii&A...._li,riiitillV.--Lt*4 „Illt r* 4 , -.. . g ..---- 7 r Es47th Ct, p. •- h A - E i�7t e 44,6 - , ' ..? .,• ' ..,-s '..,t ' r tt , • : . ' l',- . ,•.• •4.i ‘1. ..fi 7.. di. '4 • IA 4 tom:. — . _ . . u } t: Ave ,, �` T, ', .. • ._._ - d Sj', rry., ", r - ?. .' ! ' :i. `. Tyr f.. - ;+. tt, 2scr- - — - .. V.' +r •, 51{ 1.*T ., w i ~"fit.,.' ',. ,a,,'. 4 t 1 .. YYY CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 4, 2021 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—Splashdown 2021 lease amendment. GOVERNING LEGISLATION: RCW 35.A.11.020; SVMC 3.49.020(D). PREVIOUS COUNCIL ACTION TAKEN: May 19, 2009: Council approved agreement with Splashdown;May 15,2012:update on Splashdown financial situation and current economy;May 22,2012: Council approved lease amendment consistent with signed agreement letter; May 29, 2018: admin report on the contract and new owners;June 5,2018 Council approved a lease agreement with"New Splash-Down Concessions, Inc." (Splashdown); July 21,2020 motion approved to amend the 2020 lease;July 28,2020: contract amendment approved(amendment due to Covid-19 impact) BACKGROUND: The City has had a series of lease agreements with Splashdown since the City approved the first agreement with Splashdown May 19, 2009. The current lease agreement was executed in June 2018 when the Bleasner family came back into ownership of the facility, which operates on City park property at Valley Mission Park. The current lease requires Splashdown to pay the City $15,000 annually in three payments of$5,000 each through the summer, along with a leasehold payment due to the County for leasing public property. Additionally, Splashdown is required to maintain certain premises liability coverage for any claims that may be made,in order to protect the City's interests. Due to the COVID-19 pandemic,the owners of Splashdown requested and Council approved an amendment to the 2020 lease requirements. Splashdown was not able to open in 2020 as a consequence of emergency health orders issued by Governor Inslee. As such, Council agreed to not require Splashdown to open and further waived the lease payment for 2020. Bill Bleasner has been the primary contact at Splashdown for the City. Mr. Bleasner passed away in the fall of 2020,and the family is in the process of determining its future plans for the facility. One plan may be to sell the waterslide facilities to a new owner,in which case the City would seek a new lease agreement. New Splashdown owners recently approached City staff to talk about 2021 and expressed significant concern whether they could operate Splashdown in 2021 due to Covid-19 health restrictions (particularly physical distancing, capacity limitations, and disinfection requirements), let alone operating in a fashion that would allow them to make lease payments. They noted that it is still unclear whether Spokane County will be moving back to Phase 2,which would be even more restrictive. The Splashdown representatives are now requesting an amendment to the lease for 2021 matching that from 2020 that would allow Splashdown to keep the facility closed for 2021, that would waive the 2021 lease payment,and would extend the lease length two additional years to reflect the two years they could not be open. They also identified that they need to know the outcome as soon as possible because if they are required to open,they need to begin the process weeks before projected opening day after school lets out, which is now set for Central Valley School District as June 18. They stated that starting up the park requires considerable work and expense that they would prefer to avoid if Council agrees with their proposed amendment. In 2020, Washington Cities Insurance Authority (WCIA), the City's liability provider, informed the City that the Splashdown facility could be covered by the City's pool coverage so long as it remained closed, and appropriately signed with "No Trespassing" signs, which has been done. City staff will request that WCIA again provide this coverage if Council agrees to the amendments. If Council wants to consider these amendments, staff would bring this back next week for a motion consideration. Staff is recommending that Council approve these proposed amendments to the lease agreement for 2021,given the circumstances. OPTIONS: (1)Place on a future agenda for motion consideration; or(2)take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future consent agenda for motion consideration. BUDGET/FINANCIAL IMPACTS: Loss of$15,000 in lease revenue. STAFF CONTACT: John Bottelli,Parks and Recreation Director; Cary Driskell,City Attorney. ATTACHMENTS: Draft Amended Lease Agreement for 2021. DRAFT 2021 AMENDMENT TO THE LEASE BETWEEN THE CITY OF SPOKANE VALLEY AND NEW SPLASH-DOWN CONCESSIONS,INC. Spokane Valley Contract#18-104.2 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged,City and New Splash-Down Concessions,Inc.mutually agree as follows: 1. Purpose: This Amendment is for the lease for New Splash-Down Concessions,Inc.by and between the Parties, executed by the Parties on June 1, 2018, and which terminates on December 31, 2023. Said lease shall be referred to as the"Original Lease"and its terms are hereby incorporated by reference. New Splash- down concessions,Inc. is obligated to pay the City an annual lease payment of$15,000 plus 12.84%of this payment as leasehold excise tax. 2. Original Lease Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Lease and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following provisions: All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Lease,including any previous amendments thereto. COVID-19 continues to have a major impact on businesses in Spokane County. Due to the various health restrictions placed by the state of Washington and the Spokane Health District, water facilities such as Splash-Down Concessions,Inc.may not operate at full capacity. Given these restrictions,New Splash-Down Concessions,Inc. will not open in 2021. Because New Splash-Down Concessions,Inc. will not open for 2021,the City waives the lease payment for 2021. The City will not require New Splashdown Concessions,Inc.to obtain premises liability insurance for the 2021 season since they will not be open,and the operator shall post at least five no trespassing signs on each of the four fenced sides of the property. Section 2 of the lease is amended to change the expiration date of the initial term from December 31, 2023 to December 31,2025. The parties have executed this Amendment to the Original Lease this day of May,2021. CITY OF SPOKANE VALLEY: NEW SPLASH-DOWN CONCESSIONS, INC. Mark Calhoun By: City Manager Its: APPROVED AS TO FORM: Office of the City Attorney 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 4, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: 2021 Summer Aquatics Program Update GOVERNING LEGISLATION: N/A. PREVIOUS COUNCIL ACTION TAKEN: City Council approved the 2021 Parks and Recreation Department budget on December 8, 2020. BACKGROUND: No one could have predicted COVID-19 or its impact on the State of Washington. In 2020, the Parks and Recreation Department found itself facing tough decisions related to the City's pool and recreation programs. In May of 2020, the Governor announced Washington's Phased Approach Plan, and on May 22 Phase 2 had begun for Spokane County. Anticipating a possible Phase 3 last year, the Parks and Recreation department approached Council on June 16, 2020 about potential revised aquatics programming should the area progress to Phase 3. Ultimately the Parks and Recreation Department was not able to offer any summer aquatics programs in 2020. Fast-forward to January 11, 2021, the Governor replaced Washington's original Phased Approach Plan with the new "Healthy Washington Roadmap to Recovery" Plan with a regional approach to re-opening consisting of two phases with all regions beginning in Phase 1. On February 14, 2021 Spokane County moved into Phase 2 of the new Roadmap to Recovery. Most recently, on March 22, 2021 the Governor added a Phase 3 to the Roadmap to Recovery and began providing specific guidelines for various activities in Phase 3. The state's next evaluation of the Healthy Washington criteria will reportedly take place on May 3. Parks and Recreation staff have been working closely with the City of Spokane, Spokane County and the Regional Health District on aquatic issues in an effort to be consistent. We feel confident we can provide revised alternate aquatics programming for our citizens in 2021 in Phase 3, and even if Spokane County rolls back to Phase 2 or 1. Staff will be presenting an initial recommended aquatic program based on current staffing levels as well as an optimal program (goal) for the 2021 season. Staff plans to return to City Council with a status update on June 1. Staff will be seeking consensus from the City Council as to whether or not we proceed with our proposed aquatic programming this summer. For more information on re-opening guidelines, see: https://www.doh.wa.gov/Portals/1/Documents/1600/coronavirus/Reopen ingWaterRecreationFacilitiesCOV ID19.pdf OPTIONS: Council discussion. RECOMMENDED ACTION OR MOTION: Seeking City Council consensus to proceed with a modified swimming pool season. BUDGET/FINANCIAL IMPACTS: There will be no additional financial impacts for these modifications as the anticipated expenditures will be within our existing 2021 Parks and Recreation Department budget. STAFF CONTACT: John Bottelli, Parks, Recreation & Facilities Director; Tina Gregerson, Recreation Coordinator ATTACHMENTS: PowerPoint Presentation J � SPOKANE VALLEY AQUATICS 2021 COVID- 19 IMPACTS SPOKANE VALLEY AQUATIC FACILITIES THE SPOKANE VALLEY OWNS AND OPERATES THREE SEASONAL POOLS. PARK ROAD POOL, TERRACE VIEW POOL, & VALLEY MISSION POOL Spokane Valley contracts with the Spokane Valley YMCA to operate and maintain the pools. 2 SUMMARY OF COVID- 1 9 RESTRICTIONS APPLIED TO SPOKANE VALLEY FACILITIES Phases 1 & 2 Phase 3 • 30 swimmers in pool (all three sites) • 46 swimmers in pool (all three sites) • 16 in kiddie pool (Valley Mission) • 25 in kiddie pool (Valley Mission) • 11 in Lazy River (Terrace View) • 11 in Lazy River (Terrace View) • No non-swimmers in facility • 100 total patrons max ("non-swimmer entry allowed") • Advanced appointment required • Advanced appointments recommended • Health screening & physical distancing required • Health screening & physical distancing required • Swim instructors to wear face shields with cloth • Swim instructors to wear face shields with cloth attachments attachments • Swim instructors limited to 5 minutes of close contact • No time limit on close contact instruction • Two people per lane for lap-swimmers and • No limit of number of swimmers allowed in each lane 4 people per lane for swim team for lap-swimming or swim team • Splashpads staffed at all times / 25% capacity • Splashpads spot-checked daily / 50% capacity 3 VALLEY YMCA: EXPERIENCED BEST PRACTICES • Operating Aquatic Facilities indoors since July 2020 • Year-round training • Dedicated staff for screening swimmers as they enter • Dedicated staff for monitoring / enforcing physical distancing • Dedicated staff for sanitizing locker rooms and other high touch areas • PPE, sneeze guards, sanitization, signs • Colored wristbands to identify same household groups 4 STAFFING ,0 WANTED: LIFEGUARDS & . o 0 WATER SAFETY INSTRUCTORS Currently at 30 /o of staffing needed for a t e.1,fratn-�nes�r,sses are offered throvphout the year at varlou5 locations f u I I aquatics sc h e d u I e n nor or .',f ww i91t w.spokanocounty.nailhfeguarrl to find a c1a5. CERTEFICAT ON , + WATERCERTIFICATION STp • VIIP • Lower levels of staffingwill result in fewer SEASONAL EMPLOYMENT OPPORTUNITIES aquatics lessons and summer programming r [armor Ccrostoa.liily4N.Lib&ly Shag.&WStsv 1 �Sr k Fri9 'aka �Y:r9 Evaluated operational models based on ���.li -. :: I :��,.so„Il�iae{sawn wle7&rbnn3idY�c�n� •a h F k9 altl lf5�A77 Z77.9f1 fI2�mld�apOkane�urRYbrg �___..________,.v JIaY I+tiSSian,Tarrax Vaw,&Hark Raatl Dnwa "'°'�"�`-Siritlhll5°9-"'-963aaJ11°K �m�ira�°� current staffing levels . CherreyaKPod lys sa am Mull 509-99a-9251 tia9hnzalez(galYokhenevn9 • YEAR—ROUND EMPLOYMENT OPPORTUNITIES • ONGOING RECRUITING EFFORTS:• .L ne.i,A.VI6W YML:A ia.hans Rerhzl I-lenses A19h3-777-9V:x 11101;rhansen(§yrncslnw.m9 Emit}, 9mTh//& 7,961:,.0 r"'rn anw.�g Billboards, banners at pools, and direct "C nenCy W mpes C.0 SJ 11I ^356 Y 2 ��c��nv ti BMCV Alta la 11505-24. us3fm11 h 242//rep..a[cala@ SuraerteAmeklEIS,703.782$l,sa rd,.arq communication to Valley School Districts and Dan vfS`l15V.448.2045#0anerrartl9cto,ro .. • el gmussare l(sp9-467-sfz41rrMplgrwelln�,vvnormpa�k carn• AIESfalx,/50".710-74Ca,f aacewarn rn:liw MI local colleges 5 3 SCENARIOS EVALUATED • Open 1 pool only: lacks equity; can't expand • Open 3 pools: can't provide swim lessons • Recommendation: Operate 3 pools on a two-week rotating schedule 6 v \\am.) \\Rivo RECOMMENDATION ROTATING SCHEDULE PROVIDES ACCESS TO ALL vi AI NEIGHBORHOODS AND ABILITY TO EXPAND IF -%4 �� fi'o all.NO. STAFFING NUMBERS IMPROVE = i'-tgaite �,.'' �t ''` • SOME AQUATIC PROGRAMS AT ALL 3 POOLS } ` ., • • MAXIMIZES SWIM LESSON OPPORTUNITIES F �"i •• SHORTER OPEN SWIM SESSIONS AT REDUCED CAPACITY s . • COST RECOVERY TYPICAL TO A NON—COVID YEAR A . , . . ,.._____,-,/ Total Patrons Served Comparison 7- 60,000 50,000 40,000 ZZ 30,000 20,000 77 10,000 0 Phase 1 & 2 Phase 3 2019 Total 2019 Potential Patrons Potential Patrons Actual Patrons Potential Patrons 8 '''` --) Optimal Model (Staffing Dependent) 0_ Valle Mission Pool Schedule MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SAT SUN mE:=M®mo .1 ->_--- SI11111111111� Imml ll< `.4 \ -- --- M i\ '=111111111111� mmi ' �_ -- 7AM Swim Team Swim Team Swim Team Swim Team In-service �� J� = 1� 7:30AM —'1, 1�. I '_ i Mr' di\\\ .i 1= 8AM Swim Team Swim Team Swim Team Swim Team IL ,N la 7ffiallk _ 8:30AM41•11 " ■I_ 111P"" lb- 9AM Swim Lessons Swim Lessons Swim Lessons Swim Lessons `� ���� y'���— S liM ili � 9:30AM I —' ' --- 4 ----- LOAM W_MMME 10:30AM 11AM mmm®- m 11:30AM =--- _ 12PM Lap Swim Lap Swim Lap Swim Lap Swim Lap Swim Fri NI Pre Terrace Vlew Pool Sehee a I, 12:30PM 1PM -- — 1:30PM Open Swim Open Swim Open Swim pen Swim ..pen Swim Open Swim -•-• -- 2PM 2:30PM ® -- `�.... iiiiiiii 3PM 3:30PM Open Swim O .n Open Swim Open Swim Open Swim4PM � � ip I __ __ __ 4:30PM P I 1 5PM _ .w� .�� �� 5:30PM Swim wim Lessons Swim Lessons Swim Lessons Swim Meet Open Swim , 6PM 6:30PM j 7PM {0 Total Patrons Served Comparison - Goal 60,000 777 50,000 '7:/7," 40,000 30,000 z' 20,000 10,000 0 Phase 1 & 2 Phase 3 2019 Total 2019 Potential Patrons Potential Patrons Actual Patrons Potential Patrons 10 COVID- 1 9 REVISED AQUATICS PROGRAMMING Proposed Percentage of Goal Percentage of (Current Staffing) Typical Season (If Fully Staffed) Typical Season Swim Lessons 36% Swim Lessons 120% Open Swim 16% Open Swim 44% Swim Team 17% Swim Team 51 Water Exercise 80% Water Exercise 80% *Note: Figures above assume Phase 3 CITY OF SPOKANE CURRENT GOAL: A CURRENT LOOK AT • Whitter Pool will open May 10 for limited lap swim, AQUATICS PLANS swim teams, and lessons AROUND THE REGION • Five other pools will open in early July, Monday- Tawn and Country Saturday for one-hour open swim sessions Olis State Lint Pasadena Park 0 Orchards-East Farms Millwood Spokane Liberty Lake Valley G'REErJAG„Es Spokane ❑ishman ERaonLE Vera SPOKANE COUNTY CURRENT GOAL: C l en rose � ' 1dlerCreek • Northside and Southside pools will open in late June Conservaitan Area Bier Creek Map data C2020 Google through mid-August • Current operational plans include limited learn to swim lessons and reservation-only open swim sessions 12 SUMMARY REQUESTING COUNCIL CONSENSUS TO MOVE FORWARD WITH ALTERED AQUATIC PROGRAMMING FOR 2021 NO ADDITIONAL FUNDS REQUESTED f . ..,ram LF r . ' ", 13 ..., J � QUESTIONS ? DRAFT ADVANCE AGENDA as of April 29,2021; 8:30 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 May 11,2021,Formal Meeting,6:00 p.m. [due Tue May 4] Proclamation: Older Americans Month 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.First Reading Ordinance 21-005 Title 24 CTA(2020-0004)—Jenny Nickerson(no public comment)(20 minutes) 3.Motion Consideration: Spokane Regional Transportation Council Interlocal—Cary Driskell (10 minutes) 4.Motion Consideration: Dept of Emergency Mgmt Services Interlocal Agreement—M.Koudelka(10 minutes) 5.Admin Report: Consolidated Homeless Grant—Morgan Koudelka (20 minutes) 6.Admin Report: Potential and Pending Projects—Chelsie Taylor (15 minutes) 7.Advance Agenda—Mayor Wick (5 minutes) [estimated meeting: 85 mins] May 18,Study Session,6:00 p.m. [due Tue May 11] ACTION ITEMS: 1.PUBLIC HEARING: 2021 Budget Amendment (10 minutes) 2.First Reading Ordinance 21-006 Amending 2021 Budget—Chelsie Taylor(no public comment) (10 minutes) 3.Motion Consideration: Bid Award,Evergreen Preservation—Bill Helbig (5 minutes) NON-ACTION ITEMS: 4.Housing Action Plan—Chaz Bates (15 minutes) 5. 2022-2027 Six-Year Transportation Improvement Program—Adam Jackson (15 minutes) 6. Events,Activities&Recreation in Phase 3—John Bottelli (20 minutes) 7.Bicycle Patrol of Parks and Trails—Police Chief Ellis (10 minutes) 8.Advance Agenda—Mayor Wick (5 minutes) [estimated meeting: 90 mins] May 25,2021,Formal Meeting, 6:00 p.m. [due Tue May 18] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Ordinance 21-005 Title 24 CTA(2020-0004)—Jenny Nickerson (no public comment) (10 min) 3. Second Reading Ordinance 21-006 Amending 2021 Budget—Chelsie Taylor(no public comment) (10 minutes) 4.Motion Consideration,Mayoral Appointment, Spokane Housing Authority—Mayor Wick (5 minutes) 5.Motion Consideration: Bid Award,Argonne/Montgomery Intersection Improvement-B. Helbig(5 minutes) 6.Admin Report: Urban Growth Area Update—Mike Basinger (10 minutes) 7.Advance Agenda—Mayor Wick (5 minutes) 8. Info Only: Department Monthly Reports [estimated meeting: 50 mins] June 1, Study Session,6:00 p.m. [due Tue May 25] ACTION ITEMS: 1. Resolution 21- Adopting Housing Action Plan—Chaz Bates(no public comment) (10 minutes) 2.Motion Consideration,Bid Award,0317 Appleway-Stormwater—Bill Helbig (5 minutes) NON-ACTION ITEMS: 3. End of Legislative Session Update—Briahna Murray (30 minutes) 4. Shoreline Master Plan- Chaz Bates (15 minutes) 5 Aquatics Update—John Bottelli (10 minutes) 6. Capital Improvement Program—Gloria Mantz (15 minutes) 7.Bridge Program—Gloria Mantz (10 minutes) 8.Advance Agenda—Mayor Wick (5 minutes) [estimated meeting: 100 mins] Draft Advance Agenda 4/29/2021 8:42:44 AM Page 1 of 2 June 8,2021,Formal Meeting,6:00 p.m. [due Tue June 1] 1. PUBLIC HEARING: 2022-2027 Six Year Transportation Improvement Program—Adam Jackson(10 min) 2. Resolution 21- Adopting 2022-2027 Six Year TIP—Adam Jackson(no public comment) (5 minutes) 3. Consent Agenda(claims,payroll,minutes) (5 minutes) 4.Admin Report: Advance Agenda—Mayor Wick (5 minutes) [*estimated meeting: 25 mins] June 15,2021,Budget Workshop 2022 Budget 8:30 am—3:00 pm (Tentative) June 15,Study Session, 6:00 p.m.Meeting Cancelled(Tentative) AWC Conference:June 22-25—live and recorded webinars June 22,2021,Formal Meeting,6:00 p.m. [due Tue June 15] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.First Reading Shoreline Master Plan Ordinance—Chaz Bates (10 minutes) 3.Admin Report: Advance Agenda—Mayor Wick (5 minutes) 4. Info Only: Department Monthly Reports June 29,2021, Study Session,6:00 p.m. [due Tue June 22] ACTION ITEMS: 1. Second Reading Shoreline Master Plan Ordinance—Chaz Bates (10 minutes) NON-ACTION ITEMS: 2.Advance Agenda—Mayor Wick (5 minutes) July 6,2021, Study Session,6:00 p.m. [due Tue June 29] Proclamation:July is Parks &Recreation Month 1.Advance Agenda—Mayor Wick (5 minutes) July 13,2021,Formal Meeting,6:00 p.m. [due Tue July 6] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report: Council Goals&Priorities for Use of Lodging Tax—Chelsie Taylor (10 minutes) 3.Admin Report: Advance Agenda—Mayor Wick (5 minutes) July 20,2021, Study Session,6:00 p.m. [due Tue July 13] 1.Advance Agenda—Mayor Wick (5 minutes) Spokane Valley State of the City:July 21, 2021 July 27,2021,Formal Meeting,6:00 p.m. [due Tue July 20] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Motion Consideration: Council Goals&Priorities for Use of Lodging Tax—Chelsie Taylor (10 minutes) 3.Admin Report: Advance Agenda—Mayor Wick (5 minutes) 4. Info Only: Department Monthly Reports *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities PFD Presentation Arts Council Sculpture Presentations SRTC Interlocal Agreement Artwork&Metal Boxes St. Illumination(owners,cost,location) Boys&Girls Club St. O&M Pavement Preservation Core Beliefs Resolution Union Gospel Mission re Homelessness Mirabeau Park Forestry Mgmt. Vehicle Wgt Infrastructure Impact No Parking Zones Water Districts&Green Space Park Lighting Way Finding Signs FINANCE DEPARTMENT Spokane Chelsie Taylor,Finance Director 4000 Val ley 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509)720-5000 •Fax: (509)720-5075 • www.spokanevalley.org Memorandum To: Mark Calhoun, City Manager From: Chelsie Taylor, Finance Director Date: April 22, 2021 Re: Finance Department Activity Report— March 2021 Following is information pertaining to Finance Department activities through the end of March 2021 and included herein is an updated 2020 Budget to Actual Comparison of Revenues and Expenditures through the end of December 2020. At this point we anticipate no further material changes to the 2020 figures reported herein, but it's always possible we'll receive an extremely late invoice that would force us to recognize the related expense. Subsequent Finance Activity Reports will focus on 2021 operations. We will provide a final 2020 report once the books have been finalized. 2020 Year-end Process In March we have continued to work on closing the books for 2020. This process typically continues through March because we continue to receive additional information pertaining to both revenues and expenditures (particularly construction related activity). We are now beginning the process of preparing our annual financial report which will be finished by the end of May. We hope to have the State Auditor's Office onsite in June to begin the audit of 2020. 2022 Budget Development The process of developing the 2022 Budget calendar was initiated. This involves setting up schedules for the 2022 Budget, 2021 Budget Amendment, 2022 Outside Agency process, 2022 Lodging Tax award process, 2022 property tax levy, and fee resolution process. We also began updating worksheets that will ultimately be reviewed by Council at the June 15, 2021 workshop. Budget to Actual Comparison Report A report reflecting 2020 Budget to Actual Revenues and Expenditures for those funds for which a 2020 Budget was adopted is located on pages 5 through 17. It's important to keep in mind that the figures included are preliminary, and though we don't anticipate any material changes, the figures may change if we receive invoices related to 2020 expenditure activity. We will follow up with final 2020 figures once the books are closed. We've included the following information in the report: • Revenues by source for all funds, and expenditures by department in the General Fund and by type in all other funds. • A breakdown between recurring and nonrecurring revenues and expenditures in the General Fund, Street O&M Fund and Stormwater Fund. • The change in fund balance including beginning and ending figures. The beginning fund balance figures are those that are reflected in our 2019 Annual Financial Report. P:IFinancelFinance Activity Reports\Council Monthly Reports1202112021 03 31 -2020 12 PRELIMINARY No 4.docx Page 1 • Columns of information include: o The 2020 Budget as adopted o December 2020 activity o Cumulative 2020 activity through December 2020 o Budget remaining in terms of dollars o The percent of budgeted revenue collected or budgeted expenditures disbursed A few points related to the General Fund #001 (page 5): Recurring revenues collections are currently at 110.37% of the amount budgeted with 100.00% of the year elapsed. • Property taxes are paid to Spokane County in two installments each year on April 30 and October 31 and are then remitted to the City primarily in May and November with lesser amounts typically remitted in June and December. Property taxes received in 2020 are at $12,085,298 or 97.21% of the amount budgeted. In January we received one final payment related to 2020 collections that is reflected herein. The amount collected below budget appears to be due to the effects of the COVID-19 pandemic on the economy, including delays allowed in property tax payments allowed by Spokane County. • Sales tax collections finished the year at$25,238,481 which was $3,454,481 or 15.86% greater than the amended budgeted. The 2020 budget was amended downward due to the estimated impacts of the COVID-19 pandemic on the economy. • Gambling taxes are at$289,078 or 98.33% of the amount budgeted. Gambling taxes are paid quarterly with fourth quarter payments due by January 31st. At this point we have received and booked all 2020 revenues. The amount collected below budget appears to be due to the effects of the COVID-19 pandemic on the economy. • Franchise Fee and Business Registration revenues are typically received in the month following a calendar year quarter. In 2020 we received $1,240,837or 101.71% of the amount budgeted. • State shared revenues are composed of State of Washington distributions that include items such as liquor board profits, liquor excise tax, streamlined sales tax mitigation and criminal justice monies. Most of these revenues are paid by the State in the month following a calendar quarter. These have collectively finished the year at $2,334,776 or 38.30% greater than the amount budgeted. • Fines and forfeitures revenues are composed of monthly remittances from Spokane County with payments made in the month following the actual assessment of a fine and false alarm fees. These have finished the year at$747,092 which is $330,608 or 30.68% less than the amount budgeted. The amount collected below budget appears to be due to the effects of the COVID-19 pandemic on the economy. • Community and Public Works service revenues are largely composed of building permit and plan review fees as well as right of way permits. Revenues are currently at$3,383,422 or 158.86% of the amount budgeted. The amount collected is far in excess of the amount of the budget expectation primarily due to several large construction projects in the City that were permitted during 2020. • Recreation program revenues are composed of revenues generated by the variety of parks and recreation programs including classes, swimming pools (in-season), and CenterPlace. The year ended with revenues totaling $148,189 or 24.01% greater than the amended budgeted. We saw a significant decrease in 2020 revenues as compared to 2019 due to not being able to operate the City's normal recreation and aquatics activities with the COVID-19 pandemic. The 2020 budget was amended to reflect the decrease. P:1FinancelFinance Activity Reports\Council Monthly Reports1202112021 03 31 -2020 12 PRELIMINARY No 4.docx Page 2 Recurring expenditures are currently at$40,066,870 or 93.40% of the amount budgeted with 100.00% of the year elapsed. Fund Balance / Reserves The fund balance at December 31, 2020 was anticipated to be $34,862,811 but actually finished the year at$42,564,975. The difference of$7,702,164 is the result of: • Recurring revenues are $4,607,080 greater than budgeted. • Recurring expenditures are $2,831,255 less than budgeted. • Deficit from non-recurring activities is $263,830 less than budgeted. Investments (page 18) Investments at December 31 total $77,074,125 and are composed of $71,995,467 in the Washington State Local Government Investment Pool and $5,078,658 in bank CDs. Total Sales Tax Receipts (page 19) Total sales tax receipts reflect State remittances through December and total $28,450,869 including general, criminal justice, and public safety taxes. This figure is $1,068,277 or 3.90% greater than the same twelve-month period in 2019. Economic Indicators (pages 20—22) The following economic indicators provide information pertaining to three different sources of tax revenue that provide a good gauge of the health and direction of the overall economy. 1. Sales taxes (page 20) provide a sense of how much individuals and businesses are spending on the purchase of goods. 2. Hotel / Motel taxes (page 21) provide us with a sense of overnight stays and visits to our area by tourists or business travelers. 3. Real Estate Excise taxes (page 22) provide us with a sense of real estate sales. Page 20 provides a 10-year history of general sales tax receipts (not including public safety or criminal justice) with monthly detail beginning January 2012. • Compared with calendar year 2020, 2021 collections have increased by$770,452 or 19.11%. • Tax receipts reached an all-time high in 2020 of $25,238,481, besting the previous record year of 2019 when $24,204,762 was collected. Page 21 provides a 10-year history of hotel/motel tax receipts with monthly detail beginning January 2012. • Compared with calendar year 2020, 2021 collections have decreased by $10,191 or 15.16%. • Collections reached an all-time high in 2019 of $743,851, and subsequently decreased to $443,243 in 2020. • The decrease from prior year reflects the effects of COVID-19 on the economy. Page 22 provides a 10-year history of real estate excise tax receipts with monthly detail beginning January 2012. • Compared with calendar year 2020, 2021 collections have increased by$105,516 or 23.17%. • Collections reached an all-time high in 2018 of$3,800,432, and subsequently decreased to a range of approximately $3,334,000 to $3,658,000 in the years 2019 through 2020. Debt Capacity and Bonds Outstandinci (page 23) This page provides information on the City's debt capacity, or the dollar amount of General Obligation (G.O.) Bonds the City may issue, as well as an amortization schedule of the bonds the City currently has outstanding. P:IFinancelFinance Activity Reports\Council Monthly Reports1202112021 03 31 -2020 12 PRELIMINARY No 4.docx Page 3 • The maximum amount of G.O. bonds the City may issue is determined by the assessed value for property taxes which for 2021 is $11,553,065,482. Following the December 1, 2020 debt service payments, the City has $11,120,000 of nonvoted G.O. bonds outstanding which represents 6.42% of our nonvoted bond capacity, and 1.28% of our total debt capacity for all types of bonds. Of this amount: o $4,100,000 remains on bonds issued for the construction of CenterPlace. These bonds are repaid with a portion of the 1/10 of 1% sales tax that is collected by the Spokane Public Facilities District. o $450,000 remains on bonds issued for road and street improvements around CenterPlace. The bonds are repaid with a portion of the real estate excise tax collected by the City. o $6,570,000 remains on bonds issued for construction of the new City Hall. The bonds are to be repaid with General Fund revenues. Street Fund Revenue Sources (pages 24 and 25) The last two charts reflect a history for the two primary sources of revenue in Street Fund #101. These include: Page 24 provides a 10-year history of Motor Vehicle Fuel Tax collections with monthly detail beginning January 2012. • Compared with calendar year 2020, 2021 collections have decreased by $28,689 or 8.88%. • Tax receipts peaked in 2007 at just approximately $2.1 million, and subsequently decreased to a range of approximately $1,847,000 to $1,745,000 in the years 2012 through 2020. • The decrease from prior year reflects the effects of COVID-19 on the economy. Page 25 provides a 10-year history of Telephone Utility Tax collections with monthly detail beginning January 2012. • Compared with 2020, 2021 collections have decreased by $81,578 or 33.31%. Unlike tax revenues collected by the State and remitted monthly, these taxes are paid to the City directly by the service provider. Consequently there is not a "clean cutoff' in terms of when a vendor pays the tax. • Tax receipts peaked in 2009 at$3,054,473 and have decreased each year since, due to what we suspect is the reduction in land lines by individual households. • The 2020 budget was adopted with a revenue estimate of $1,521,000 and actual receipts came in at approximately $1.32 million. There was a distinct decline in the months of August through December that appears to be due to the effects of COVID-19 on the economy. • The City hired a consultant to perform an audit of providers who pay the telephone utility tax. The audit assessed whether providers are accurately remitting all taxes owed to the City, and the consultant was paid on a contingent basis out of revenues recovered from the telephone providers. Four audits were completed, and the City received payments totaling $555,774 which is comprised of recovered revenue plus interest and penalty fees. Per the contract with the consultant, the City paid $138,944 or 25% of the amount recovered. The City has now completed all of the audits that were performed. P:IFinancelFinance Activity Reports\Council Monthly Reports1202112021 03 31 -2020 12 PRELIMINARY No 4.docx Page 4 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget #001 -GENERAL FUND RECURRING ACTIVITY Revenues Property Tax 12,432,400 1,356,890 12,085,298 (347,102) 97.21% Sales Tax 21,784,000 4,496,500 25,238,481 3,454,481 115.86% Sales Tax-Public Safety 1,034,000 201,835 1,163,313 129,313 112.51% Sales Tax-Criminal Justice 1,826,000 355,093 2,049,075 223,075 112.22% Gambling Tax and Leasehold Excise Tax 294,000 83,114 289,078 (4,922) 98.33% Franchise Fees/Business Registration 1,220,000 302,957 1,240,837 20,837 101.71% State Shared Revenues 1,688,200 594,256 2,334,776 646,576 138.30% Fines, Forfeitures and Penalties 1,077,700 112,109 747,092 (330,608) 69.32% Community and Public Works 2,129,800 238,581 3,383,422 1,253,622 158.86% Recreation Program Revenues 119,500 7,810 148,189 28,689 124.01% Miscellaneous Department Revenue 21,000 124 21,156 156 100.74% Miscellaneous&Investment Interest 791,700 22,068 343,273 (448,427) 43.36% Transfers in-#105(h/m tax-CP advertising) 30,000 11,390 11,390 (18,610) 37.97% Total Recurring Revenues 44,448,300 7,782,728 49,055,380 4,607,080 110.37% Expenditures City Council 622,187 53,171 528,342 93,845 84.92% City Manager 1,031,182 74,752 882,323 148,859 85.56% City Attorney 707,942 58,316 636,707 71,235 89.94% Public Safety 26,873,703 1,586,139 25,697,668 1,176,035 95.62% Deputy City Manager 277,187 19,901 269,178 8,009 97.11% Finance/IT 1,478,523 122,210 1,322,032 156,491 89.42% Human Resources 313,316 25,936 300,975 12,341 96.06% City Hall Operations and Maintenance 296,270 52,010 313,255 (16,985) 105.73% Community&Public Works-Engineering 1,955,081 203,315 1,607,469 347,612 82.22% Community&Public Works-Econ Dev 1,119,829 137,868 968,198 151,631 86.46% Community&Public Works-Bldg&Plan 2,420,414 238,029 2,284,436 135,978 94.38% Parks&Rec-Administration 337,227 32,884 326,538 10,689 96.83% Parks&Rec-Maintenance 917,500 145,159 907,903 9,597 98.95% Parks&Rec-Recreation 242,921 11,620 170,715 72,206 70.28% Parks&Rec-Aquatics 132,853 22,895 117,023 15,830 88.08% Parks&Rec-Senior Center 43,447 2,428 28,689 14,758 66.03% Parks&Rec-CenterPlace 817,359 90,614 714,338 103,021 87.40% General Government 1,321,111 258,150 1,001,011 320,100 75.77% Transfers out-#204('16 L TGO bond debt service) 401,450 33,454 401,450 0 100.00% Transfers out-#309(park capital projects) 160,000 13,333 160,000 0 100.00% Transfers out-#311 (Pavement Preservation) 982,023 81,835 982,023 0 100.00% Transfers out-#501 (CenterPlace kitchen reserve) 36,600 3,050 36,600 0 100.00% Transfers out-#502(insurance premium) 410,000 34,167 410,000 0 100.00% Total Recurring Expenditures 42,898,125 3,301,235 40,066,870 2,831,255 93.40% Recurring Revenues Over(Under) Recurring Expenditures 1,550,175 4,481,493 8,988,510 7,438,335 Page 5 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget #001 -GENERAL FUND-continued NONRECURRING ACTIVITY Revenues Potential Settlement Proceeds 500,000 0 0 (500,000) 0.00% Grant Proceeds 198,000 13,317 39,169 (158,831) 19.78% CARES Act Grant 4,352,400 4,294,803 4,352,400 0 100.00% Total Nonrecurring Revenues 5,050,400 4,308,120 4,391,569 (658,831) 86.95% Expenditures City Manager(office furniture for Housing Sery emp) 5,000 0 0 5,000 0.00% Public Safety(carpet&workstation replacement) 15,000 0 0 15,000 0.00% Public Safety(full facility generator) 58,310 0 86,109 (27,799) 147.67% Public Safety(SV Police Athletic League Grant) 0 0 1,263 (1,263) 0.00% Public Safety(replace HVAC units at Precinct) 60,000 0 0 60,000 0.00% City Hall Chambers(east wall repairs) 500,000 79,940 351,858 148,142 70.37% Building(equipment for new code enf officer) 13,700 0 11,579 2,121 84.52% Community&Public Works(Appleway Trail ED Sti 25,000 2,227 25,000 0 100.00% Community&Public Works(Housing Action Plan) 100,000 30,536 60,003 39,997 60.00% Community&Public Works(2020 SMP Periodic Ri 3,000 5,073 17,415 (14,415) 580.50% Parks&Rec(CenterPlace carpeting) 9,500 0 9,500 0 100.00% General Government (City Hall generator) 44,993 0 13,590 31,403 30.21% General Government-IT capital replacements 190,000 16,335 101,389 88,611 53.36% General Government(Covid-19 Related Costs) 4,352,400 53,543 4,255,977 96,423 97.78% Transfers out-#101 (Street Fund operations) 350,200 0 0 350,200 0.00% Transfers out-#122(replenish reserve) 500,000 500,000 500,000 0 100.00% Transfers out-#309(Browns Park 2019 Imp) 121,298 22,765 22,765 98,533 18.77% Transfers out-#309(CenterPlace West Lawn) 1,901,581 1,887,746 1,887,746 13,835 99.27% Transfers out-#309(CenterPlace roof repairs) 810,000 795,656 795,656 14,345 98.23% Transfers out-#309(Browns Park 2020 Imp) 75,000 75,000 75,000 0 100.00% Transfers out-#501 (new code enf vehicle) 30,000 27,472 27,472 2,528 91.57% Total Nonrecurring Expenditures 9,164,982 3,496,292 8,242,321 922,661 89.93% Nonrecurring Revenues Over(Under) Nonrecurring Expenditures (4,114,582) 811,828 (3,850,752) 263,830 Excess(Deficit)of Total Revenues Over(Under)Total Expenditures (2,564,407) 5,293,320 5,137,758 7,702,165 Beginning fund balance 37,427,218 37,427,218 Ending fund balance 34,862,811 42,564,975 Page 6 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget SPECIAL REVENUE FUNDS #101 -STREET FUND RECURRING ACTIVITY Revenues Telephone Utility Tax 1,521,000 177,939 1,318,630 (202,370) 86.69% Motor Vehicle Fuel(Gas)Tax 1,715,000 294,023 1,737,864 22,864 101.33% Multimodal Transportation 113,000 32,960 131,847 18,847 116.68% Right-of-Way Maintenance Fee 70,000 80,836 93,033 23,033 132.90% Investment Interest 17,000 63 829 (16,171) 4.88% Miscellaneous Revenue 10,000 808 2,268 (7,732) 22.68% Total Recurring Revenues 3,446,000 586,629 3,284,470 (161,530) 95.31% Expenditures Wages/Benefits/Payroll Taxes 1,059,613 114,450 954,269 105,344 90.06% Supplies 146,050 12,578 128,209 17,841 87.78% Services&Charges 2,426,467 343,965 2,127,456 299,011 87.68% Snow Operations 543,776 261,388 890,916 (347,140) 163.84% Intergovernmental Payments 922,000 73,649 753,654 168,346 81.74% Transfers out-#501 (non-plow vehicle rental) 14,500 1,208 14,500 0 100.00% Transfers out-#501 (plow replace) 48,500 4,042 48,500 0 100.00% Total Recurring Expenditures 5,160,906 811,280 4,917,503 243,403 95.28% Recurring Revenues Over(Under) Recurring Expenditures (1,714,906) (224,651) (1,633,033) 81,873 NONRECURRING ACTIVITY Revenues Insurance Proceeds(traffic signal cabinet) 0 4,486 4,887 4,887 0.00% Utilities Tax Recovery 0 69,396 69,396 69,396 0.00% Utilities Tax Interest&Penalties 0 48,286 48,286 48,286 0.00% Transfers in-#001 350,200 0 0 (350,200) 0.00% Transfers in-#122 0 364,439 364,439 364,439 0.00% Transfers in-#312 1,364,706 113,726 1,364,706 0 100.00% Total Nonrecurring Revenues 1,714,906 600,333 1,851,714 136,808 107.98% Expenditures Emergency Traffic Control Repairs 0 4,041 15,647 (15,647) 0.00% Total Nonrecurring Expenditures 0 4,041 15,647 (15,647) 0.00% Nonrecurring Revenues Over(Under) Nonrecurring Expenditures 1,714,906 596,293 1,836,067 121,161 Excess(Deficit)of Total Revenues Over(Under)Total Expenditures 0 371,641 203,034 203,034 Beginning fund balance 556,265 556,265 Ending fund balance 556,265 759,299 #103-PATHS&TRAILS Revenues Motor Vehicle Fuel(Gas)Tax 8,600 1,240 7,330 (1,270) 85.23% Investment Interest 400 4 71 (329) 17.64% Total revenues 9,000 1,244 7,400 (1,600) 82.23% Expenditures Capital Outlay 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over(under)expenditures 9,000 1,244 7,400 (1,600) Beginning fund balance 14,115 14,115 Ending fund balance 23,115 21,516 Page 7 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget SPECIAL REVENUE FUNDS-continued #104-TOURISM FACILITIES HOTEL/MOTEL TAX FUND Revenues Tourism Facilities Hotel/Motel Tax 213,000 43,006 283,720 70,720 133.20% Investment Interest 24,000 600 11,908 (12,092) 49.62% Transfers in-#105 0 0 0 0 0.00% Total revenues 237,000 43,606 295,628 58,628 124.74% Expenditures Capital Expenditures 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over(under)expenditures 237,000 43,606 295,628 58,628 Beginning fund balance 2,690,945 2,690,945 Ending fund balance 2,927,945 2,986,573 #105-HOTEL/MOTEL TAX FUND Revenues Hotel/Motel Tax 346,000 66,267 443,244 97,244 128.11% Investment Interest 6,000 172 2,705 (3,295) 45.09% Total revenues 352,000 66,439 445,949 93,949 126.69% Expenditures Transfers out-#001 30,000 11,390 11,390 18,610 37.97% Tourism Promotion 319,000 79,216 154,082 164,918 48.30% Total expenditures 349,000 90,607 165,472 183,528 47.41% Revenues over(under)expenditures 3,000 (24,167) 280,477 (89,579) Beginning fund balance 518,240 518,240 Ending fund balance 521,240 798,716 #106-SOLID WASTE Revenues Solid Waste Administrative Fees 225,000 46,156 219,943 5,057 97.75% Solid Waste Road Wear Fee 1,500,000 277,426 1,537,776 (37,776) 102.52% Investment Interest 12,000 422 7,804 4,196 65.03% Total revenues 1,737,000 324,005 1,765,523 (28,523) 101.64% Expenditures Transfers out-#311 1,513,532 1,513,532 1,513,532 0 100.00% Education&Contract Administration 237,000 4,053 65,385 171,615 27.59% Total expenditures 1,750,532 1,517,585 1,578,917 171,615 90.20% Revenues over(under)expenditures (13,532) (1,193,580) 186,606 (200,138) Beginning fund balance 540,182 540,182 Ending fund balance 526,650 726,788 #107-PEG FUND Revenues Comcast PEG Contribution 79,000 18,776 76,541 2,459 96.89% Investment Interest 0 33 596 (596) 0.00% Total revenues 79,000 18,809 77,138 1,862 97.64% Expenditures PEG Reimbursement-CMTV 39,500 0 22,288 17,212 56.43% Capital Outlay 45,500 0 1,331 44,169 2.93% Total expenditures 85,000 0 23,619 61,381 27.79% Revenues over(under)expenditures (6,000) 18,809 53,518 (59,518) Beginning fund balance 128,255 128,255 Ending fund balance 122,255 181,773 Page 8 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget SPECIAL REVENUE FUNDS-continued #108-AFFORDABLE&SUPPORTIVE HOUSING TAX FUND Revenues Affordable&Supportive Housing Tax 144,750 38,806 151,950 (7,200) 104.97% Investment Interest 0 27 83 (83) 0.00% Total revenues 144,750 38,833 152,033 (7,283) 105.03% Expenditures Affordable&Supportive Housing Program 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over(under)expenditures 144,750 38,833 152,033 (7,283) Beginning fund balance 0 0 Ending fund balance 144,750 152,033 #120-CENTER PLACE OPERATING RESERVE FUND Revenues Investment Interest 0 0 0 0 0.00% Transfers in 0 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over(under)expenditures 0 0 0 0 Beginning fund balance 300,000 300,000 Ending fund balance 300,000 300,000 #121 -SERVICE LEVEL STABILIZATION RESERVE FUND Revenues Investment Interest 0 0 0 0 0.00% Transfers in 0 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over(under)expenditures 0 0 0 0 Beginning fund balance 5,500,000 5,500,000 Ending fund balance 5,500,000 5,500,000 #122-WINTER WEATHER RESERVE FUND Revenues Investment Interest 5,400 5 1,147 (4,253) 21.24% Transfers in-#001 500,000 500,000 500,000 0 100.00% Subtotal revenues 505,400 500,005 501,147 (4,253) 99.16% Expenditures Snow removal expenses 500,000 0 0 500,000 0.00% Transfers out-#101 0 364,439 364,439 (364,439) 0.00% Total expenditures 500,000 364,439 364,439 135,561 72.89% Revenues over(under)expenditures 5,400 135,565 136,708 (139,813) Beginning fund balance 23,336 23,336 Ending fund balance 28,736 160,043 Page 9 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget DEBT SERVICE FUNDS #204-DEBT SERVICE FUND Revenues Spokane Public Facilities District 459,500 0 459,500 0 100.00% Transfers in-#001 401,450 33,454 401,450 0 100.00% Transfers in-#301 80,375 6,698 80,375 0 100.00% Transfers in-#302 80,375 6,698 80,375 0 100.00% Total revenues 1,021,700 46,850 1,021,700 0 100.00% Expenditures Debt Service Payments-CenterPlace 459,500 0 459,500 0 100.00% Debt Service Payments-Roads 160,750 0 160,750 0 100.00% Debt Service Payments-'16 LTGO Bond 401,450 0 401,450 0 100.00% Total expenditures 1,021,700 0 1,021,700 0 100.00% Revenues over(under)expenditures 0 46,850 0 0 Beginning fund balance 0 0 Ending fund balance 0 0 Page 10 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget CAPITAL PROJECTS FUNDS #301 -CAPITAL PROJECTS FUND Revenues REET 1 -Taxes 1,000,000 425,017 1,754,320 754,320 175.43% Investment Interest 35,000 780 14,742 (20,258) 42.12% Total revenues 1,035,000 425,798 1,769,062 734,062 170.92% Expenditures Transfers out-#204 80,375 6,698 80,375 0 100.00% Transfers out-#303 872,605 159,620 357,594 515,011 40.98% Transfers out-#311 (pavement preservation) 772,639 772,639 772,639 0 100.00% Transfers out-#314 869,008 721,818 1,335,879 (466,871) 153.72% Total expenditures 2,594,627 1,660,775 2,546,486 48,141 98.14% Revenues over(under)expenditures (1,559,627) (1,234,977) (777,424) 685,921 Beginning fund balance 2,798,194 2,798,194 Ending fund balance 1,238,567 2,020,770 #302-SPECIAL CAPITAL PROJECTS FUND Revenues REET 2-Taxes 1,000,000 425,017 1,754,320 754,320 175.43% Investment Interest 35,000 1,166 22,425 (12,575) 64.07% Total revenues 1,035,000 426,184 1,776,745 741,745 171.67% Expenditures Transfers out-#204 80,375 6,698 80,375 0 100.00% Transfers out-#303 518,199 15,880 150,149 368,050 28.98% Transfers out-#311 (pavement preservation) 772,638 772,638 772,638 0 100.00% Total expenditures 1,371,212 795,216 1,003,162 368,050 73.16% Revenues over(under)expenditures (336,212) (369,032) 773,583 373,695 Beginning fund balance 4,391,870 4,391,870 Ending fund balance 4,055,658 5,165,453 Page 11 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget CAPITAL PROJECTS FUNDS-continued #303 STREET CAPITAL PROJECTS FUND Revenues Developer Contribution 1,311,059 69,295 540,325 (770,734) 41.21% Grant Proceeds 5,940,505 381,973 2,813,485 (3,127,020) 47.36% Transfers in-#301 872,605 159,620 357,594 (515,011) 40.98% Transfers in-#302 518,199 15,880 150,149 (368,050) 28.98% Transfers in-#312 1,781,727 669,888 916,837 (864,890) 51.46% Investment Interest 0 0 0 0 0.00% Total revenues 10,424,095 1,296,657 4,778,388 (5,645,707) 45.84% Expenditures 205 Sprague/Barker Intersection Improvement 195,499 8,761 121,294 74,205 62.04% 249 Sullivan&Wellesley Intersection 150,000 18,065 102,051 47,949 68.03% 259 North Sullivan ITS Project 921,349 3,241 740,384 180,965 80.36% 267 Mission SW-Bowdish to Union 136,075 1,300 1,434 134,641 1.05% 273 Barker/I-90 Interchange 568,655 0 77,865 490,790 13.69% 275 Barker Rd Widening-River to Euclid 1,978,395 18,085 1,193,099 785,296 60.31% 276 Barker Rd Widening-Euclid to Trent 380,269 0 36,176 344,093 9.51% 285 Indiana Ave Pres-Evergreen to Sullivan 354,060 0 235,135 118,925 66.41% 291 Adams Sidewalk Infill Project 444,645 0 279,947 164,698 62.96% 292 Mullen Preservation: Broadway-Mission 0 0 4,822 (4,822) 0.00% 293 2018 CSS Citywide Reflective Signal BP 99,000 31,349 114,526 (15,526) 115.68% 294 Citywide Reflective Post Panels 47,775 21,789 64,703 (16,928) 135.43% 295 Garland Avenue Extension 2,492,371 5,000 1,067,612 1,424,759 42.84% 299 Argonne Rd Concrete Pvmt Indiana to Mont 32,000 22,178 78,931 (46,931) 246.66% 300 Pines&Mission Intersection Improvements 516,000 6,902 57,617 458,383 11.17% 301 Park&Mission Intersection Improvements 152,992 2,794 45,780 107,212 29.92% 302 Ella Sidewalk: Broadway to Alki 371,760 0 325,308 46,452 87.50% 303 S.Conklin Road Sidewalk 124,125 0 110,388 13,737 88.93% 310 Sullivan Rd Overcrossing UP RR Deck Rep. 337,625 53 16,241 321,384 4.81% 313 Barker Road/Union Pacific Crossing 121,500 14,004 52,030 69,470 42.82% 318 Wilbur Sidewalk: Boone to Mission 0 6,452 24,023 (24,023) 0.00% 320 Sullivan Preservation:Sprague-8th 0 187 187 (187) 0.00% 321 Argonne Corridor Impry-North of Knox 0 65 1,067 (1,067) 0.00% Contingency 1,000,000 0 0 1,000,000 0.00% Total expenditures 10,424,095 160,224 4,750,619 5,673,476 45.57% Revenues over(under)expenditures 0 1,136,433 27,769 (11,319,182) Beginning fund balance 67,402 67,402 Ending fund balance 67,402 95,172 Note: Work performed in the Street Capital Projects Fund for preservation projects is for items such as sidewalk upgrades that were bid with the pavement preservation work. Page 12 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget CAPITAL PROJECTS FUNDS-continued #309-PARKS CAPITAL PROJECTS FUND Revenues Grant Proceeds 1,605,583 12,922 1,334,842 (270,741) 83.14% Transfers in-#001 3,067,879 2,794,499 2,941,166 (126,713) 95.87% Transfers in-#312 119,373 (162,643) 131,985 12,612 110.57% Investment Interest 0 0 0 0 0.00% Miscellaneous Revenues 0 0 (0) (0) 0.00% Total revenues 4,792,835 2,644,778 4,407,993 (384,842) 91.97% Expenditures 268 Appleway Trail-Evergreen to Sullivan 1,609,376 16,013 1,433,833 175,543 89.09% 296 Browns Park 2019 Construction Improvements 121,298 0 22,765 98,533 18.77% 304 CenterPlace West Lawn Phase 2 1,901,581 61,380 1,887,746 13,835 99.27% 305 CenterPlace Roof Repair 810,000 157,387 795,656 14,345 98.23% 314 Balfour Park Frontage Improvements 59,850 2,512 22,048 37,802 36.84% 315 Brown's Park 2020 Improvements 62,995 7,354 38,049 24,946 60.40% 316 Balfour Park Improvements-Phase 1 11,000 0 10,947 53 99.51% Transfers out-#312(park land acquisition) 200,000 200,000 200,000 0 100.00% Total expenditures 4,776,100 444,646 4,411,043 365,057 92.36% Revenues over(under)expenditures 16,735 2,200,132 (3,049) (749,899) Beginning fund balance 78,627 78,627 Ending fund balance 95,362 75,577 #310-CIVIC FACILITIES CAPITAL PROJECTS FUND Revenues Investment Interest 17,000 174 3,679 (13,321) 21.64% Total revenues 17,000 174 3,679 (13,321) 21.64% Expenditures Transfers out-#312 16,700 16,700 16,700 0 100.00% Total expenditures 16,700 16,700 16,700 0 100.00% Revenues over(under)expenditures 300 (16,526) (13,021) (13,321) Beginning fund balance 855,985 855,985 Ending fund balance 856,285 842,964 Note: The fund balance includes$839,285.10 paid by the Library District for 2.82 acres at the Balfour Park site. If the District does not succeed in getting a voted bond approved by October 2017 then the City may repurchase this land at the original sale price of$839,285.10. Page 13 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget CAPITAL PROJECTS FUNDS-continued #311 -PAVEMENT PRESERVATION FUND Revenues Transfers in-#001 982,023 81,835 982,023 0 100.00% Transfers in-#106 1,513,532 1,513,532 1,513,532 0 100.00% Transfers in-#301 772,639 772,639 772,639 0 100.00% Transfers in-#302 772,638 772,638 772,638 0 100.00% Grant Proceeds 10,588 14,030 98,281 87,693 928.23% Developer Contribution 0 0 0 0 0.00% Investment Interest 0 630 10,960 10,960 0.00% Total revenues 4,051,420 3,155,305 4,150,073 98,653 102.44% Expenditures Pre-Project GeoTech Services 50,000 0 0 50,000 0.00% Pavement Preservation 4,217,523 0 0 4,217,523 0.00% 248 Sprague Street Pres-Sullivan to Corbin 0 0 (167) 167 0.00% 267 Mission SW-Bowdish to Union 0 10,130 11,563 (11,563) 0.00% 269 Evergreen-Mission Connector to Indiana 0 0 305 (305) 0.00% 284 Argonne Rd. Pres-Valleyway to Broadway 0 0 40 (40) 0.00% 285 Indiana Ave Pres-Evergreen to Sullivan 0 28,275 1,573,860 (1,573,860) 0.00% 286 Broadway Preservation: Havana to Fancher 0 1,883 1,961 (1,961) 0.00% 287 University Pres-Dishman Mica to 16th 0 0 7,500 (7,500) 0.00% 290 2019 Local Access Streets(Midilome) 0 0 7,500 (7,500) 0.00% 292 Mullen Preservation: Broadway-Mission 0 0 5,086 (5,086) 0.00% 297 2019 SCWD#3 Street Preservation 0 0 (3,199) 3,199 0.00% 309 Local Access Streets: Barker Homes 0 637,268 1,138,328 (1,138,328) 0.00% 320 Sullivan Preservation:Sprague-8th 0 8,977 26,889 (26,889) 0.00% 323 Evergreen Road Preservation Project 0 5,228 13,138 (13,138) 0.00% 325 2021 Local Access Streets:South Park Rd 0 324 324 (324) 0.00% Total expenditures 4,267,523 692,085 2,783,129 1,484,394 65.22% Revenues over(under)expenditures (216,103) 2,463,220 1,366,944 (1,385,741) Beginning fund balance 4,425,201 4,425,201 Ending fund balance 4,209,098 5,792,145 #312-CAPITAL RESERVE FUND Revenues Transfers in-#309 200,000 200,000 200,000 0 100.00% Transfers in-#310 16,700 16,700 16,700 0 100.00% Investment Interest 100,000 1,927 58,187 (41,813) 58.19% Total revenues 316,700 218,627 274,887 (41,813) 86.80% Expenditures Transfers out-#101 1,364,706 113,726 1,364,706 0 100.00% Transfers out-#303 1,781,727 669,888 916,837 864,890 51.46% Transfers out-#309 119,373 (162,643) 131,985 (12,612) 110.57% Transfers out-#314 142,500 122,659 196,888 (54,388) 138.17% Land Acquisitions 2,091,600 2,091,600 2,095,710 (4,110) 100.20% Total expenditures 5,499,906 2,835,230 4,706,126 793,780 85.57% Revenues over(under)expenditures (5,183,206) (2,616,603) (4,431,239) (835,592) Beginning fund balance 12,936,816 12,936,816 Ending fund balance 7,753,610 8,505,577 Page 14 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget CAPITAL PROJECTS FUNDS-continued #314-RAILROAD GRADE SEPARATION PROJECTS FUND Revenues Grant Proceeds 3,526,378 241,829 3,392,075 (134,303) 96.19% Leasehold Excise Tax 0 193 546 546 0.00% Investment Interest 0 45 412 412 0.00% Transfers in-#301 869,008 721,818 1,335,879 466,871 153.72% Transfers in-#312 142,500 122,659 196,888 54,388 138.17% Miscellaneous Revenues 0 1,307 3,704 3,704 0.00% Total revenues 4,537,886 1,087,850 4,929,503 391,617 108.63% Expenditures 143 Barker Rd/BNSF Grade Separation 3,405,976 849,220 3,792,655 (386,679) 111.35% 223 Pines Rd Underpass 1,300,000 94,097 1,278,344 21,656 98.33% 311 Sullivan Rd./SR 290 Interchange Project 75,000 59,220 73,615 1,385 98.15% Total expenditures 4,780,976 1,002,538 5,144,614 (363,638) 107.61% Revenues over(under)expenditures (243,090) 85,312 (215,111) 755,255 Beginning fund balance 1,008,638 1,008,638 Ending fund balance 765,548 793,526 Page 15 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget ENTERPRISE FUNDS #402-STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees 1,900,000 258,735 1,910,349 10,349 100.54% Investment Interest 40,000 496 10,244 (29,756) 25.61% Miscellaneous Revenues 0 0 482 482 0.00% Total Recurring Revenues 1,940,000 259,231 1,921,075 (18,925) 99.02% Expenditures Wages/Benefits/Payroll Taxes 519,582 38,958 412,174 107,408 79.33% Supplies 14,750 1,631 49,228 (34,478) 333.75% Services&Charges 1,298,153 265,537 1,180,534 117,619 90.94% Intergovernmental Payments 37,500 0 40,452 (2,952) 107.87% Vehicle Rentals-#501 14,000 1,167 14,000 0 100.00% Total Recurring Expenditures 1,883,985 307,292 1,696,387 187,598 90.04% Recurring Revenues Over(Under) Recurring Expenditures 56,015 (48,061) 224,688 168,673 NONRECURRING ACTIVITY Revenues Grant Proceeds 59,828 0 304 (59,524) 0.51% Total Nonrecurring Revenues 59,828 0 304 (59,524) 0.51% Expenditures Capital-various projects 500,000 505 15,463 484,537 3.09% 285 Indiana Ave Pres-Evergreen to Sullivan 0 2,874 22,192 (22,192) 0.00% 302 Ella Sidewalk: Broadway to Alki 0 0 60,590 (60,590) 0.00% 303 S.Conklin Road Sidewalk 0 0 29,105 (29,105) 0.00% 309 Local Access Streets: Barker Homes 0 96,700 100,420 (100,420) 0.00% Watershed Studies 80,000 2,933 48,336 31,664 60.42% Stormwater Comprehensive Plan 100,000 0 0 100,000 0.00% Total Nonrecurring Expenditures 680,000 103,012 276,105 403,895 40.60% Nonrecurring Revenues Over(Under) Nonrecurring Expenditures (620,172) (103,012) (275,802) 344,370 Excess(Deficit)of Total Revenues Over(Under)Total Expenditures (564,157) (151,073) (51,114) 513,043 Beginning working capital 2,180,773 2,180,773 Ending working capital 1,616,616 2,129,659 Note: Work performed in the Storm water Fund for preservation projects is for storm water improvements that were bid with the pavement preservation work. #403-AQUIFER PROTECTION AREA Revenues Spokane County 460,000 223,136 426,234 (33,766) 92.66% Grant Proceeds 446,700 46,916 60,996 (385,704) 13.65% Investment Interest 20,000 467 9,135 (10,865) 45.67% Total revenues 926,700 270,519 496,365 (430,335) 53.56% Expenditures Capital-various projects 1,133,571 262,220 494,300 639,271 43.61% Total expenditures 1,133,571 262,220 494,300 639,271 43.61% Revenues over(under)expenditures (206,871) 8,299 2,065 (1,069,606) Beginning working capital 2,118,299 2,118,299 Ending working capital 1,911,428 2,120,365 Page 16 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA Budget Year 2020 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 100.00% For the Twelve-Month Period Ended December 31,2020 2020 Actual Actual through Budget %of Budget December December 31 Remaining Budget INTERNAL SERVICE FUNDS #501 -ER&R FUND Revenues Interfund vehicle lease-#001 28,000 2,333 28,000 0 100.00% Interfund vehicle lease-#101 14,500 1,208 14,500 0 100.00% Interfund vehicle lease-#101 (plow replace) 48,500 4,042 48,500 0 100.00% Interfund vehicle lease-#402 14,000 1,167 14,000 0 100.00% Transfers in-#001 (CenterPlace kitchen reserve) 36,600 3,050 36,600 0 100.00% Transfers in-#001 (Code Enforcement Vehicle) 30,000 27,472 27,472 (2,528) 91.57% Investment Interest 19,000 264 6,074 (12,926) 31.97% Total revenues 190,600 39,536 175,146 (15,454) 91.89% Expenditures Wages/Benefits/Payroll Taxes 0 (19,550) 0 0 0.00% Small tools&minor equipment 20,000 0 0 20,000 0.00% Vehicle purchase 30,000 0 27,472 2,528 91.57% Snow plow purchase 235,000 102,216 227,806 7,194 96.94% Loader purchase 35,000 28,000 28,000 7,000 80.00% Total expenditures 320,000 110,666 283,278 36,722 88.52% Revenues over(under)expenditures (129,400) (71,130) (108,132) (52,175) Beginning working capital 1,496,093 1,496,093 Ending working capital 1,366,693 1,387,962 #502-RISK MANAGEMENT FUND Revenues Investment Interest 0 48 248 248 0.00% Transfers in-#001 410,000 34,167 410,000 0 100.00% Total revenues 410,000 34,215 410,248 248 100.06% Expenditures Auto&Property Insurance 410,000 0 337,987 72,013 82.44% Unemployment Claims 0 1,068 7,781 (7,781) 0.00% Total expenditures 410,000 1,068 345,768 64,232 84.33% Revenues over(under)expenditures 0 33,147 64,480 (63,984) Beginning working capital 276,004 276,004 Ending working capital 276,004 340,484 SUMMARY FOR ALL FUNDS Total of Revenues for all Funds 88,482,520 24,176,474 87,943,122 Per Revenue Status Report 88,482,520 24,176,474 87,943,122 Difference - - - Total of Expenditures for all Funds 99,088,940 17,977,150 84,854,207 Per Expenditure Status Report 99,088,940 17,977,150 84,854,207 Difference - - - Total Capital expenditures(included in total expenditures) 26,140,568 2,678,126 18,012,562 Page 17 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA 3/16/2021 Investment Report For the Twelve-Month Period Ended December 31, 2020 NW Bank Banner Total LGIP" CD#2068 CD#9161 Investments Beginning $ 68,797,546.53 $ 3,075,557.68 $ 0.00 $ 71,873,104.21 Deposits 3,188,789.25 0.00 2,000,000.00 5,188,789.25 Withdrawls 0.00 0.00 0.00 0.00 Interest 17,045.69 3,100.84 0.00 20,146.53 Jan'21 Accrued Interest Receivable (7,914.83) 0.00 0.00 (7,914.83) Ending $ 71,995,466.64 $ 3,078,658.52 $ 2,000,000.00 $ 77,074,125.16 matures: 7/23/2021 12/9/2021 rate: 0.40% 0.40% Earnings Balance Current Period Year to date Budget 001 General Fund $ 40,635,800.86 $ 12,821.56 254,636.26 $ 700,000.00 101 Street Fund 267,635.45 63.36 829.03 17,000.00 103 Trails&Paths 17,947.48 4.25 70.56 400.00 104 Tourism Facilities Hotel/Motel 2,535,966.63 600.42 11,908.00 24,000.00 105 Hotel/Motel 727,224.81 172.18 2,705.24 6,000.00 106 Solid Waste Fund 1,781,337.94 421.75 7,803.98 12,000.00 107 PEG Fund 139,208.05 32.96 596.46 0.00 108 Affordable&Supportive Housing 113,838.28 26.95 82.92 0.00 120 CenterPlace Operating Reserve 0.00 0.00 0.00 0.00 121 Service Level Stabilization Reserve 5,500,000.00 0.00 0.00 0.00 122 Winter Weather Reserve 20,909.47 4.95 1,147.10 5,400.00 301 Capital Projects 3,295,106.28 780.15 14,742.06 35,000.00 302 Special Capital Projects 4,925,811.55 1,166.24 22,425.10 35,000.00 303 Street Capital Projects Fund 0.00 0.00 0.00 0.00 309 Parks Capital Project 0.00 0.00 0.00 0.00 310 Civic Buildings Capital Projects 734,197.67 173.82 3,679.39 17,000.00 311 Pavement Preservation 2,662,451.40 630.37 10,960.24 0.00 312 Capital Reserve Fund 8,139,728.43 1,927.17 58,187.31 100,000.00 313 City Hall Construction Fund 0.00 0.00 0.00 0.00 314 Railroad Grade Separation Projects 188,903.34 44.73 411.51 0.00 402 Stormwater Management 2,095,074.83 496.03 10,244.23 40,000.00 403 Aquifer Protection Fund 1,973,007.91 467.13 9,134.88 20,000.00 501 Equipment Rental &Replacement 1,115,811.95 264.18 6,074.35 19,000.00 502 Risk Management 204,162.83 48.33 248.16 0.00 $ 77,074,125.16 $ 20,146.53 $ 415,886.78 $ 1,030,800.00 "Local Government Investment Pool Page 18 P:\Finance\Finance Activity Reports\Council Monthly Reports\2021\2021 03 31 -2020 12 PRELIMINARY No 4 CITY OF SPOKANE VALLEY,WA 3/16/2021 Sales Tax Receipts For the Twelve-Month Period Ended December 31, 2020 Month Difference Received 2019 2020 $ February 2,530,639.23 2,559,296.59 28,657.36 1.13% March 1,861,849.29 2,015,206.15 153,356.86 8.24% April 1,758,550.64 1,897,614.47 139,063.83 7.91% May 2,208,350.09 1,847,551.89 (360,798.20) (16.34%) June 2,200,987.91 1,875,335.44 (325,652.47) (14.80%) July 2,333,320.72 2,570,769.98 237,449.26 10.18% August 2,530,196.67 2,677,467.88 147,271.21 5.82% September 2,405,945.26 2,682,700.17 276,754.91 11.50% October 2,504,583.31 2,540,248.50 35,665.19 1.42% November 2,422,514.22 2,731,249.99 308,735.77 12.74% December 2,341,644.57 2,602,181.93 260,537.36 11.13% January 2,284,009.79 2,451,245.65 167,235.86 7.32% 27,382,591.70 28,450,868.64 1,068,276.94 3.90% 27,382,591.70 28,450,868.64 Sales tax receipts reported here reflect remittances for general sales tax, criminal justice sales tax and public safety tax. The sales tax rate for retail sales transacted within the boundaries of the City of Spokane Valley is 8.9%. The tax that is paid by a purchaser at the point of sale is remitted by the vendor to the Washington State Department of Revenue who then remits the taxes back to the various agencies that have imposed the tax. The allocation of the total 8.9%tax rate to the agencies is as follows: - State of Washington 6.50% - City of Spokane Valley 0.85% - Spokane County 0.15% - Spokane Public Facilities District 0.10% * - Criminal Justice 0.10% - Public Safety 0.10% *— 2.40% local tax - Juvenile Jail 0.10% * - Mental Health 0.10% * - Law Enforcement Communications 0.10% * - Spokane Transit Authority 0.80% 8.90% * Indicates voter approved sales taxes In addition to the .85% reported above that the City receives, we also receive a portion of the Criminal Justice and Public Safety sales taxes. The distribution of those taxes is computed as follows: Criminal Justice: The tax is assessed county-wide and of the total collected, the State distributes 10%of the receipts to Spokane County, with the remainder allocated on a per capita basis to the County and the cities within the County. Public Safety: The tax is assessed county-wide and of the total collected, the State distributes 60%of the receipts to Spokane County, with the remainder allocated on a per capita basis to the cities within the County. Page 19 P:\Finance\Finance Activity Reports\Tax Revenue\Sales Tax\2021\sales tax collections 2021 CITY OF SPOKANE VALLEY,WA \ 4/12/2021 Sales Tax Collections- February For the years 2012 through 2021 2020 to 2021 Difference 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 $ % January 1,589,887 1,671,269 1,677,887 1,732,299 1,863,225 1,992,273 2,078,412 2,240,908 2,253,852 2,615,326 361,474 16.04% February 1,009,389 1,133,347 1,170,640 1,197,323 1,316,682 1,369,740 1,536,252 1,648,657 1,776,898 2,185,876 408,978 23.02% Collected to date 2,599,276 2,804,616 2,848,527 2,929,622 3,179,907 3,362,013 3,614,664 3,889,565 4,030,750 4,801,202 770,452 19.11% March 1,067,733 1,148,486 1,201,991 1,235,252 1,378,300 1,389,644 1,564,282 1,549,275 1,687,355 0 April 1,277,621 1,358,834 1,448,539 1,462,096 1,640,913 1,737,933 1,926,551 1,955,470 1,627,596 0 May 1,174,962 1,320,449 1,400,956 1,373,710 1,566,178 1,564,119 1,762,119 1,946,112 1,651,937 0 June 1,290,976 1,389,802 1,462,558 1,693,461 1,641,642 1,751,936 1,871,077 2,067,987 2,291,842 0 July 1,302,706 1,424,243 1,545,052 1,718,428 1,776,653 1,935,028 2,053,961 2,232,342 2,368,495 0 August 1,299,678 1,465,563 1,575,371 1,684,700 1,746,371 1,877,899 1,980,940 2,121,051 2,393,597 0 September 1,383,123 1,466,148 1,552,736 1,563,950 1,816,923 1,946,689 2,019,198 2,223,576 2,258,489 0 October 1,358,533 1,439,321 1,594,503 1,618,821 1,822,998 1,898,067 2,005,836 2,134,985 2,431,920 0 November 1,349,580 1,362,021 1,426,254 1,487,624 1,652,181 1,768,817 1,925,817 2,064,504 2,317,685 0 December 1,323,189 1,408,134 1,383,596 1,441,904 1,664,983 1,856,989 1,918,411 2,019,895 2,178,815 0 Total Collections 15,427,377 16,587,617 17,440,083 18,209,568 19,887,049 21,089,134 22,642,856 24,204,762 25,238,481 4,801,202 Budget Estimate 14,210,000 15,250,000 16,990,000 17,628,400 18,480,500 19,852,100 20,881,900 22,917,000 21,784,000 22,220,000 Actual over(under)budg 1,217,377 1,337,617 450,083 581,168 1,406,549 1,237,034 1,760,956 1,287,762 3,454,481 (17,418,798) Total actual collections as a%of total budget 108.57% 108.77% 102.65% 103.30% 107.61% 106.23% 108.43% 105.62% 115.86% n/a %change in annual total collected 3.89% 7.52% 5.14% 4.41% 9.21% 6.04% 7.37% 6.90% 4.27% n/a %of budget collected through February 18.29% 18.39% 16.77% 16.62% 17.21% 16.94% 17.31% 16.97% 18.50% 21.61% %of actual total collected through February 16.85% 16.91% 16.33% 16.09% 15.99% 15.94% 15.96% 16.07% 15.97% n/a Chart Reflecting History of Collections through the Month of February February 6,000,000 ■February ■January 5,000,000 4,000,000 3,000,000 • 2,000,000 1,000,000 0 1 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Page 20 P:\Finance\Finance Activity Reports\Tax Revenue\Lodging Tax\2021\105 hotel motel tax 2021 CITY OF SPOKANE VALLEY,WA 4/12/2021 Hotel/Motel Tax Receipts through- February Actual for the years 2012 through 202 pri 1 tMll'00 !`d 2020 to 2021 Difference 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 $ % January 21,442 24,185 25,425 27,092 31,887 27,210 28,752 31,865 36,203 26,006 (10,197) (28.17%) February 21,549 25,975 26,014 27,111 27,773 26,795 28,878 32,821 31,035 31,041 6 0.02% Total Collections 42,991 50,160 51,439 54,203 59,660 54,005 57,630 64,686 67,238 57,047 (10,191) (15.16%) March 25,655 27,739 29,384 32,998 34,330 31,601 31,906 40,076 37,395 0 April 52,130 40,979 48,246 50,455 52,551 52,242 57,664 59,117 24,959 0 May 37,478 40,560 41,123 44,283 50,230 50,112 51,777 53,596 16,906 0 June 43,971 47,850 52,618 56,975 55,060 60,637 62,048 73,721 28,910 0 July 52,819 56,157 61,514 61,809 65,007 69,337 71,865 84,628 41,836 0 August 57,229 63,816 70,384 72,697 73,700 76,972 79,368 91,637 49,772 0 September 64,299 70,794 76,100 74,051 70,305 80,173 79,661 97,531 59,116 0 October 43,699 43,836 45,604 49,880 55,660 56,631 61,826 77,932 50,844 0 November 39,301 42,542 39,600 42,376 46,393 47,090 52,868 59,252 39,694 0 December 30,432 34,238 33,256 41,510 33,478 37,180 40,363 41,675 26,573 0 Total Collections 490,004 518,672 549,267 581,237 596,374 615,980 646,976 743,851 443,243 57,047 Budget Estimate 430,000 490,000 530,000 550,000 580,000 580,000 580,000 600,000 346,000 346,000 Actual over(under)budg 60,004 28,672 19,267 31,237 16,374 35,980 66,976 143,851 97,243 (288,953) Total actual collections as a%of total budget 113.95% 105.85% 103.64% 105.68% 102.82% 106.20% 111.55% 123.98% 128.10% n/a %change in annual total collected 7.08% 5.85% 5.90% 5.82% 2.60% 3.29% 5.03% 14.97% (40.41%) n/a %of budget collected through February 10.00% 10.24% 9.71% 9.86% 10.29% 9.31% 9.94% 10.78% 19.43% 16.49% %of actual total collected through February 8.77% 9.67% 9.37% 9.33% 10.00% 8.77% 8.91% 8.70% 15.17% n/a Chart Reflecting History of Collections through the Month of February February 80,000 70,000 60,000 - 50,000 40,000 •February ■January 30,000 10,000 10,000 0 , 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Page 21 P:\Finance\Finance Activity Reports\Tax Revenue\REET\2021\301 and 302 REET for 2021 CITY OF SPOKANE VALLEY,WA 4/12/2021 1st and 2nd 1/4% REET Collections through February Actual for the years 2012 through 2021 2020 to 2021 Difference 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 $ % January 46,359 56,898 61,192 96,141 104,446 153,661 239,437 120,809 212,512 277,311 64,799 30.49% February 56,115 155,226 67,049 103,508 83,583 124,514 146,892 199,209 242,927 283,644 40,717 16.76% Collected to date 102,473 212,124 128,240 199,649 188,030 278,175 386,329 320,018 455,439 560,955 105,516 23.17% March 71,730 72,172 81,724 165,868 220,637 282,724 310,562 193,913 203,774 0 April 86,537 90,377 105,448 236,521 205,654 169,060 218,842 347,528 197,928 0 May 111,627 116,165 198,870 165,748 192,806 202,734 646,397 263,171 258,784 0 June 124,976 139,112 106,676 347,421 284,897 248,768 277,424 465,044 329,801 0 July 101,049 128,921 208,199 217,375 248,899 449,654 302,941 327,636 234,040 0 August 106,517 117,150 172,536 202,525 231,200 472,420 261,626 300,312 365,838 0 September 63,517 174,070 152,323 179,849 178,046 187,348 259,492 335,824 381,224 0 October 238,095 117,806 123,505 128,833 253,038 207,895 584,792 225,216 381,163 0 November 104,886 78,324 172,227 129,870 186,434 229,800 263,115 319,161 370,449 0 December 74,300 75,429 117,682 157,919 164,180 278,995 288,912 235,726 479,586 0 Total distributed by Spokane County 1,185,707 1,321,650 1,567,429 2,131,578 2,353,822 3,007,573 3,800,432 3,333,549 3,658,026 560,955 Budget estimate 875,000 975,000 1,100,000 1,400,000 2,000,000 2,000,000 3,000,000 2,800,000 2,000,000 2,000,000 Actual over(under)budget 310,707 346,650 467,429 731,578 353,822 1,007,573 800,432 533,549 1,658,026 (1,439,045) Total actual collections as a%of total budget 135.51% 135.55% 142.49% 152.26% 117.69% 150.38% 126.68% 119.06% 182.90% n/a %change in annual total collected 23.22% 11.47% 18.60% 35.99% 10.43% 27.77% 26.36% (12.28%) 9.73% n/a %of budget collected through February 11.71% 21.76% 11.66% 14.26% 9.40% 13.91% 12.88% 11.43% 22.77% 28.05% %of actual total collected through February 8.64% 16.05% 8.18% 9.37% 7.99% 9.25% 10.17% 9.60% 12.45% n/a Chart Reflecting History of Collections through the Month of February February 600,000 •February ■January 500,000 400,000 300,000 200,000 100,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 'age 22 P:\Finance\Finance Activity Reports\Debt Capacity\2021\debt capacity 2020 CITY OF SPOKANE VALLEY,WA 3/22/2021 Debt Capacity 2020 Assessed Value for 2021 Property Taxes 11,553,065,482 Maximum Outstanding Remaining Debt as of Debt ok Capacity 12/31/2020 Capacity Utilized Voted(UTGO) 1.00%of assessed value 115,530,655 0 115,530,655 0.00% Nonvoted(LTGO) 1.50%of assessed value 173,295,982 11,120,000 162,175,982 6.42% Voted park 2.50%of assessed value 288,826,637 0 288,826,637 0.00% Voted utility 2.50%of assessed value 288,826,637 0 288,826,637 0.00% 866,479,911 11,120,000 855,359,911 1.28% 2014 LTGO Bonds Road& LTGO Bonds Period Street 2016 LTGO Grand Ending CenterPlace Improvements Total Bonds Total 12/1/2014 225,000 135,000 360,00 0 360,000 Bonds 12/1/2015 175,000 125,000 300,00 0 300,000 Repaid 12/1/2016 185,000 130,000 315,000 75,000 390,000 12/1/2017 190,000 130,000 320,000 150,000 470,000 12/1/2018 230,000 135,000 365,000 155,000 520,000 12/1/2019 255,000 140,000 395,000 160,000 555,000 12/1/2020 290,000 140,000 430,000 165,000 595,000 1,550,000 935,000 2,485,000 705,000 3,190,000 12/1/2021 320,000 145,000 465,000 170,000 635,000 12/1/2022 350,000 150,000 500,000 175,000 675,000 12/1/2023 390,000 155,000 545,000 180,000 725,000 12/1/2024 430,000 0 430,000 185,000 615,000 12/1/2025 465,000 0 465,000 195,000 660,000 12/1/2026 505,000 0 505,000 900,000 705,000 12/1/2027 395,000 0 395,000 "05,000 600,000 12/1/2028 300,000 0 300,000 15,000 515,000 12/1/2029 245,000 0 245,000 2'0,000 465,000 12/1/2030 225,000 0 225,000 2. ,000 450,000 Bonds 12/1/2031 180,000 0 180,000 23.,000 415,000 Remaining 12/1/2032 130,000 0 130,000 246,000 370,000 12/1/2033 165,000 0 165,000 250,000 415,000 12/1/2034 0 0 0 260,100 260,000 12/1/2035 0 0 0 270,600 270,000 12/1/2036 0 0 0 280,010 280,000 12/1/2037 0 0 0 290,060 290,000 12/1/2038 0 0 0 305,00' 305,000 12/1/2039 0 0 0 315,001 315,000 12/1/2040 0 0 0 330,000 330,000 12/1/2041 0 0 0 340,000 340,000 12/1/2042 0 0 0 355,000 355,000 12/1/2043 0 0 0 365,000 365,000 12/1/2044 0 0 0 375,000 375,000 12/1/2045 0 0 0 390,000 390,000 4,100,000 450,000 4,550,000 6,570,000 11,120,000 5,650,000 1,385,000 7,035,000 7,275,000 14,310,000 Page 23 P:\Finance\Finance Activity Reports\Tax Revenue\MVFT\2021\motor vehicle fuel tax collections 2021 CITY OF SPOKANE VALLEY,WA 4/12/2021 Motor Fuel(Gas)Tax Collections- February For the years 2012 through 2021 2020 to 2021 Difference 2012 2013 2014 I 2015 2016 2017 2018 2019 2020 2021 $ % January 159,607 146,145 152,906 152,598 163,918 150,654 162,359 148,530 152,686 143,576 (9,110) (5.97%) February 135,208 145,998 148,118 145,455 163,037 164,807 175,936 181,823 170,461 150,882 (19,579) (11.49%) Collected to date 294,815 292,143 301,024 298,053 326,955 315,461 338,295 330,353 323,147 294,458 (28,689) (8.88%) March 144,297 135,695 131,247 140,999 145,537 138,205 139,826 131,009 146,280 0 April 153,546 156,529 156,269 157,994 167,304 168,000 168,796 144,080 90,589 0 May 144,670 151,595 156,850 156,259 171,829 174,211 193,986 185,669 130,168 0 June 159,827 167,479 161,965 164,872 157,737 174,838 144,308 175,985 128,359 0 July 160,565 155,348 157,805 168,205 177,427 177,019 194,267 169,733 138,932 0 August 164,050 173,983 172,308 186,277 177,567 195,780 205,438 195,107 136,633 0 September 171,651 195,397 173,299 174,505 194,640 184,342 180,874 180,605 195,550 0 October 153,022 133,441 160,539 161,520 166,369 163,780 158,062 162,187 160,272 0 November 162,324 164,303 165,871 181,771 176,178 194,814 199,282 196,240 175,980 0 December 138,223 142,140 141,298 153,338 152,787 154,298 148,960 155,728 119,282 0 Total Collections 1,846,990 1,868,053 1,878,475 1,943,793 2,014,330 2,040,748 2,072,094 2,026,696 1,745,192 294,458 Budget Estimate 1,905,800 1,868,900 1,866,400 1,867,700 2,013,400 2,048,900 2,061,100 2,039,500 1,715,000 2,062,000 Actual over(under)budg (58,810) (847) 12,075 76,093 930 (8,152) 10,994 (12,804) 30,192 (1,767,542) Total actual collections as a%of total budget 96.91% 99.95% 100.65% 104.07% 100.05% 99.60% 100.53% 99.37% 101.76% n/a %change in annual total collected (0.58%) 1.14% 0.56% 3.48% 3.63% 1.31% 1.54% (2.19%) (13.89%) n/a %of budget collected through February 15.47% 15.63% 16.13% 15.96% 16.24% 15.40% 16.41% 16.20% 18.84% 14.28% %of actual total collected through February 15.96% 15.64% 16.02% 15.33% 16.23% 15.46% 16.33% 16.30% 18.52% n/a Chart Reflecting History of Collections through the Month of February February ■February 400,000 1.January 350,000 300,000 - 250,000 200,000 150,000 100,000 50,000 0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Page 24 P:\Finance\Finance Activity Reports\Tax Revenue\Telephone Tax\2021\telephone utility tax collections 2021 CITY OF SPOKANE VALLEY,WA 4/12/2021 Telephone Utility Tax Collections- February For the years 2012 through 2021Mil 2020 to 2021 Difference 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 $ % January 193,818 217,478 210,777 177,948 182,167 162,734 130,196 136,615 123,292 7,399 (115,893) (94.00%) February 261,074 216,552 205,953 212,845 173,971 163,300 164,060 132,538 121,596 155,911 34,315 28.22% Collected to date 454,892 434,030 416,730 390,793 356,138 326,034 294,256 269,153 244,888 163,310 (81,578) (33.31%) March 234,113 223,884 208,206 174,738 177,209 162,536 158,416 138,727 121,938 0 April 229,565 214,618 206,038 214,431 171,770 157,285 146,519 126,455 120,016 0 May 227,469 129,270 210,010 187,856 174,512 161,506 149,434 135,704 118,018 0 June 234,542 293,668 210,289 187,412 170,450 156,023 150,780 129,602 117,905 0 July 226,118 213,078 205,651 190,984 174,405 157,502 147,281 130,723 120,922 0 August 228,789 211,929 205,645 185,172 171,909 150,644 148,158 127,303 112,351 0 September 227,042 210,602 199,193 183,351 170,476 155,977 141,290 128,018 91,866 0 October 225,735 205,559 183,767 183,739 166,784 153,075 142,925 127,214 90,272 0 November 225,319 212,947 213,454 175,235 166,823 151,208 139,209 125,027 88,212 0 December 221,883 213,097 202,077 183,472 168,832 161,115 140,102 126,226 92,242 0 Total Collections 2,735,467 2,562,682 2,461,060 2,257,183 2,069,308 1,892,905 1,758,370 1,564,152 1,318,630 163,310 Budget Estimate 3,000,000 2,900,000 2,750,000 2,565,100 2,340,000 2,000,000 1,900,000 1,600,000 1,521,000 1,431,000 Actual over(under)budg (264,533) (337,318) (288,940) (307,917) (270,692) (107,095) (141,630) (35,848) (202,370) (1,267,690) Total actual collections as a%of total budget 91.18% 88.37% 89.49% 88.00% 88.43% 94.65% 92.55% 97.76% 86.69% n/a %change in annual total collected (8.24%) (6.32%) (3.97%) (8.28%) (8.32%) (8.52%) (7.11%) (11.05%) (15.70%) n/a %of budget collected through February 15.16% 14.97% 15.15% 15.24% 15.22% 16.30% 15.49% 16.82% 16.10% 11.41% %of actual total collected through February 16.63% 16.94% 16.93% 17.31% 17.21% 17.22% 16.73% 17.21% 18.57% n/a Chart Reflecting History of Collections through the Month of February February ■February 500,000 - •January 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 , 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Page 25