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2022, 12-13 Formal Meeting AgendaAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT Tuesday, December 13, 2022 6:00 p.m. Remotely via ZOOM Meeting and In Person at 10210 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: Spokane Valley Council meetings are held in -person at City Hall at the address provided above. Members of the public may also attend the meeting via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity." If making a comment via Zoom, comments must be received by 4:00 pm the day of the meeting. Otherwise, comments will be taken in -person at the meeting in Council Chambers, as noted on the agenda below. • 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 INVOCATION: Pastor Darrell Cole, Living Hope Community Church PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD, LIAISON SUMMARY REPORTS MAYOR'S REPORT PROCLAMATIONS: GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person. To comment via zoom: use the link above for oral or written comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign -in sheet will be provided in Council Chambers. NEW BUSINESS: 1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of Claim Vouchers on Dec 13, 2022, Request for Council Action Form: $1,744,470.67 b. Approval of Payroll for Pay Period ending November 30, 2022: $657,395.61 c. Approval of Council Meeting Minutes of November 15, 2022 Study Session d. Approval of Council Meeting Minutes of November 22, 2022 Special meeting e. Approval of Council Meeting Minutes of November 22, 2022 Regular Formal Format Council Agenda: December 13, 2022 Page 1 of 2 2. First Reading Ordinance 22-025 Coeur d'Alene Tribe Franchise — Tony Beattie [public comment opportunity] 3. Resolution 22-023 Adopting Fees for 2023 — Chelsie Taylor [public comment opportunity] 4. Motion Consideration: Plantes Ferry Interlocal Agreement — Susan Nielsen [public comment opportunity] 5. Motion Consideration: Street & Stormwater Maintenance & Repair Services Contract 2023 Option Year — Bill Helbig [public comment opportunity] 6. Motion Consideration: Street Sweeping Service Contract 2023 Option Year Renewal — Bill Helbig [public comment opportunity] 7. Motion Consideration: CenterPlace Catering Contract — John Bottelli [public comment opportunity] 8. Motion Consideration: Lodging Tax Awards for 2023 — Chelsie Taylor, Sarah Farr [public comment opportunity] 9. Motion Consideration: Millwood Interlocal Agreement — Cary Driskell [public comment opportunity] 10. Motion Consideration: Innovia Grant Award Contract — Erik Lamb [public comment opportunity] 11. Motion Consideration: Spokane Valley Partners Grant Award Contract — Erik Lamb [public comment opportunity] ADMINISTRATIVE REPORT: 12. Sullivan/Trent Interchange — Jerremy Clark, Rob Lochmiller 13. Yellowstone Franchise — Cary Driskell 14. Advance Agenda — Mayor Haley INFORMATION ONLY (will not be reported or discussed): 15. Department Reports COUNCIL COMMENTS CITY MANAGER COMMENTS EXECUTIVE SESSION: [RCW 42.30.110(1)(g)] Review Performance of a Public Employee Proposed Motion: I move that Council adjourn into executive session for approximately 60 minutes to review the performance of a public employee, and that no action will be taken upon return to open session. ADJOURNMENT Council Agenda: December 13, 2022 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 13, 2022 Department Director Approval: El Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST 11/16/2022 11/17/2022 11/21/2022 11/22/2022 11/22/2022 11/23/2022 11/29/2022 11/29/2022 11 /3 0/2022 12/05/2022 12/05/2022 12/05/2022 12/05/2022 VOUCHER NUMBERS 58362-58363 58364-58391 58392-58417 58418-58436 58437-58442 (less 58439) 58443 9808-9813 (Park refunds) 58444-58461 58462 58463-58499 58500-58534 58535-58558 58559 GRAND TOTAL: TOTAL AMOUNT 1,008.86 90,623.30 162,109.91 62,116.50 9,781.19 1,545.47 336.00 12,748.64 79,756.04 1,135,123.25 122,248.99 67,017.77 54.75 $1,744,470.67 #001 - General Fund 001.011.000. 001.013.000. 001.013.015. 001.016.000. 001.016.016. 001.018.013. 001.018.014. 001.018.016 001.018.017. 001.033.000. 001.033.033. 001.033.034. 00 1 040.000. 00 1.040.041. 001.040.042.558. 001.040.042.565. 001.040.043. 001.040.044. 001.076.000. 001.076.300. 001.076.3 01. 001.076.302. 001.076.304. 001.076.305. 001.090.000.511. 001.090.000.514. 001.090.000.517. 001.090.000.518. 001.090.000.519. 001.090.000.550. Explanation of Fund Numbers found on Voucher Lists City Council City Manager Legal Public Safety Precinct Shared Expenses Deputy City Manager Finance Human Resources Information Technology Facilities Administration Facilities — City Hall Facilities Other Community/Public Works -Administration Engineering Economic Development Housing/Homeless Services Building Planning Parks & Rec—Administration Parks & Rec-Maintenance Parks & Rec-Recreation Parks & Rec- Aquatics Parks & Rec- Senior Center Parks & Rec-CenterPlace General Gov't- Council related General Gov't -Finance related General Gov't -Employee supply General Gov't- Centralized Serv. General Gov't -Other Services General Gov't -Natural & Eco. 001.090.000.560. 001.090.000.594. 001.090.000.595. General Gov't -Social Services General Gov't -Capital Outlay General Gov't-Roads/Streets Capital Other Funds: 101 — Street Fund 103 Paths & Trails 104 — Tourism Facilities 105 — Hotel/Motel Tax 106 — Solid Waste 107 — PEG Fund 108 -- Affordable & Supplemental Housing Sales Tax 120 — CenterPlace Operating Reserve 121-- Service Level Stabilization Reserve 122 — Winter Weather Reserve 204 Debt Service 301 — REET 1 CapitaI Projects 302 -- REET 2 Capital Projects 303 — Street Capital Projects 309 — Parks Capital Grants 310 — Civic Bldg. Capital Projects 311 — Pavement Preservation 312 — Capital Reserve 314 — Railroad Grade Separation Projects 315 — Transportation Impact Fees 316 — Economic Development Capital Projects 402 — Stormwater Management 403 — Aquifer Protection Area 501 — Equipment Rental & Replacement 502 — Risk Management 632 — Passthrough Fees & Taxes RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists vehlist Voucher List Page:- 11116/2022 9:18:44AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58362 11/17/2022 000365 DEPT OF LICENSING 2022 F350 -69524 001.033.000.518 VEHICLE REG: #1-102 - 2022 F360 VIN 504.43 Total: 504.43 58363 11/17/2022 000365 DEPT OF LICENSING 2022 F350 -69522 10'1.000.000.542 VEHICLE REG: #5-226 F350 1FD7X3B6- 504.43 Total : 504.43 2 Vouchers for bank code : apbank Bank total : 1,008.86 2 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Dr designee Council member reviewed: Date Mayor Date Council Member Date Total vouchers : 1,008.86 Page: 1 vchlist Voucher List Page: 1 11117/2022 11:22:23AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58364 11/17/2022 001081 ALSCO LSP02571699 001.016.016.521 FLOOR MAT SERVICE AT PRECINCT 32.26 LSP02576038 001.016.016.521 FLOOR MAT SERVICE AT PRECINCT 30.43 LSP02580343 001.016.016.521 FLOOR MAT SERVICE AT PRECINCT 30.43 Total : 93.12 58365 11/17/2022 007136 AMAZON CAPITAL SERVICES INC 133K-WMCV-79TK 001.033.033.518 VISITOR IDENTIFICATION BADGES 26.99 1DXH-LKGM-7V63 001.076.301.571 OFFICE SUPPLIES: PARKS 37.00 Total: 63.99 58366 11/17/2022 008704 AMPLIFI ADVERTISING OCTOBER 2022 001.040.042.558 ADVERTISING 520.00 Total: 520.00 58367 11/17/2022 003076 AMSDEN, ERICA EXPENSES 001.040.041.543 EXPENSE REIMBURSEMENT 60.63 Total: 60.63 58368 11/17/2022 007965 ARGUS JANITORIAL INV13519 001.016.016.521 JANITORIAL SVCS: PRECINCT, MAINT. 3,950.00 Total: 3,950.00 58369 11/17/2022 008360 BAND CONSTRUCTION PAY APP 3 001.000.322.518 0322 CITY HALL REPAIRS 65,615.44 Total : 65,615.44 58370 11/17/2022 007161 BARTLETTTREE EXPERTS 40459935-0 001.033.033.518 PROFESSIONAL SERVICES: CITY HALL 250.00 40459936-0 001.033.033.518 PROFESSIONAL SERVICES: CITY HALL 136.13 Total: 386.13 58371 11/17/2022 008530 CBRE HEERY INC PJIN0032864 001.033.099.594 CITY HALL 3RD FLOOR OFFICE ADDITI 4,640.00 Total : 4,640.00 58372 11/17(2022 000571 CODE PUBLISHING COMPANY GC0009100 001.013.000.513 ELECTRONIC CODE UPDATE 323.50 Total: 323.50 58373 11/17/2022 001770 CONSOLIDATED SUPPLY CO S011115309.001 001.076.300.576 SUPPLIES FORAPPLEWAYTRAIL 68.68 Total : 68.68 58374 11/17/2022 000795 EARTHWORKS RECYCLING INC. 367013 001.075.305.575 RECYCLING COLLECTION AT CENTER 27.50 369727 001.076.305.575 RECYCLING COLLECTION AT CENTER 30.00 Page: vehlist 11/17/2022 11:22:23AM Voucher List Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept DescriptionlAccount Amount 58374 11/1712022 000795 000795 EARTHWORKS RECYCLING INC. (Continued) Total : 57.50 58375 11117/2022 003274 EXCHANGE PUBLISHING LLC 58376 11/17/2022 008105 FIRE PROTECTION SPECIALISTS 58377 11/17/2022 001447 FREE PRESS PUBLISHING INC 58378 11117/2022 001253 GORDON THOMAS HONEYWELL 58379 11/17/2022 000007 GRAINGER 58380 11/17/2022 000011 GREATER SPOKANE VALLEY 58381 11/17/2022 000288 INTL CODE COUNCIL 58382 11/17/2022 001002 M & L SUPPLY CO INC 659848 659849 659850 659851 659853 661567 661568 661569 661570 661574 72380 V53315 V53322 V53323 V53345 Oct 2022 1042 9490024222 32787 3343206 S100506231.001 S100506391,001 S100506549.001 001.013.000.513 001.013, 000.513 001.013.000.513 001.013.000.513 001.013.000.513 001.013.000.513 001.013.000.513 001.013.000.513 001.013.000.513 001,013,000.513 001.033.033.518 001.013.000.513 001.013.000.513 001.013.000.513 001.013.000.513 001.011.000.511 001.033.033.518 001.143.70.00 001.040.043.558 001.076.305.575 001.033.033.518 001.076.300.576 LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total: ANNUAL BUILDING FIRE ALARM INSPE Total : LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total: GOVERNMENTAL AFFAIRS SERVICES Total: SMALL TOOLS: CITY HALL Total 2023 ANNUAL MEMBERSHIP DUES: DE Total: MEMBERSHIP DUES: NICKERSON Total: REPAIR & MAINT. SUPPLIES: CENTERF REPAIR & MAINT, SUPPLIES: CITY HAL REPAIR & MAINT. SUPPLIES:APPLEWF 25.50 39.00 38.25 27.75 26.86 39.00 38.25 25.50 29.25 42.66 332.02 1,180.00 1,180.00 75.20 37.00 37.00 77.55 226.75 6,094.08 6,094.08 222.35 222.35 499.00 499.00 265.00 265.00 122.84 196.70 100.06 Page: 3 vchlist 1111712022 11:22:23AM Voucher List Spokane Valley Page: 3 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept DescriptionlAccount Amount 58382 11/17/2022 001002 001002 M & L SUPPLY CO INC 56383 11/17/2022 008691 ODP BUSINESS SOLUTIONS LLC 58384 11/17/2022 001860 PLATT ELECTRIC SUPPLY 58385 11/17/2022 007741 REFRIGERATION SUPPLIES DIST 58386 11/17/2022 000065 STAPLES ADVANTAGE 58387 11/17/2022 008558 THE HOME DEPOT PRO 58388 11/17/2022 008067 TK LANDSCAPE & LAWN SVCS LLC 58389 11/17/2022 000038 WASTE MANAGEMENT OF SPOKANE 58390 11117/2022 007231 WESTERN EXTERMINATOR COMPANY 58391 11/17/2022 008027 WESTERN STATES FIRE PROTECTION 28 Vouchers for bank code : apbank (Continued) 276527492001 276528021001 3K25551 3K37551 3K43976 3K82685 16299200-00 16299366-00 16299592-00 3521844277 3521844281 707217113 3977 1329310-2681-0 27272534 27272514 001.076.305.575 001.076.305.575 001.033.034.518 001.033.034.518 001.033.033.518 001.033.033.518 001.076.305.575 001.033.033.518 001.033.033.518 001.033.033.518 001.040.043.558 001,033,033.518 001.033.033.518 001.033.033.518 001.016.016.521 001.033.033.518 WSF458014 REMAINDER 001.033.033.518 Total: 419.60 OFFICE SUPPLIES: PARKS OFFICE SUPPLIES: CENTERPLACE Total: REPAIR & MAINT. SUPPLIES: WHITE EL REPAIR & MAINT. SUPPLIES: WHITE EL REPAIR & MAINT. SUPPLIES: CITY HAL REPAIR & MAINT. SUPPLIES: CITY HAL Total : REPAIR & MAINT. SUPPLIES: CENTERF TOOLS: CITY HALL MAINTENANCE TOOLS: CITY HALL (CREDIT MEMO) Total: OFFICE SUPPLIES: CITY HALL OFFICE SUPPLIES: BLDG, ECON DEV, Total : JANITORIAL SUPPLIES: CITY HALL Total: LAWN SERVICE: PRECINCT & CITY HA Total: WASTE DISPOSAL: CITY HALL Total: PEST MGMT SERVICES: PRECINCT PEST MOMT SERVICES: CITY HALL Total: FIRE SPRINKLER INSPECTION: CITY H Total: 76.90 5.11 82.01 131.20 96.84 157.04 -156.89 228.19 424.23 1,494.87 -1,494.87 424.23 143.80 50.76 194.56 262.41 262.41 2,580.93 2,580.93 14.99 14.99 198.96 169.23 368.19 1,450.00 1,450.00 Bank total : 90,623.30 Page: vchlist 1112112022 4:02:25PM Voucher List Spokane Valley Page: 1 Bank cede: apbank Voucher Date Vendor Invoice Fund/Dept 58392 11/21/2022 002931 ALL WESTERN INDUSTRIAL SUPPLY 113984 58393 11/21/2022 007136 AMAZON CAPITAL SERVICES INC 58394 11/21/2022 003337 ARROW CONSTRUCTION SUPPLY INC 58395 11/21/2022 008572 CDA METALS 58396 1112112022 002920 DIRECTV INC 58397 11/21/2022 002157 ELJAY OIL COMPANY 58398 11/21/2022 001447 FREE PRESS PUBLISHING INC 58399 11/21/2022 008422 GMCC CORP DBA ROADWISE 58400 11121/2022 000002 H & H BUSINESS SYSTEMS INC. 146Q-MDG7-4NG1 19LQ-N4JW-VHPD 1 TPT-RCF7-16GL 356058 21213319 0517385477{221105 0940489 4334595 V53343 22-2330 AR258388 AR258389 AR258390 AR258391 AR258392 AR258393 AR258394 AR258395 AR258396 Description/Account Amount 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: Total: 001.018.014.514 101.042.000.542 101.042.000.542 OFFICE SUPPLIES: FINANCE OPERATING SUPPLIES OPERATING SUPPLY Total: 101.000.000.542 SMALL TOOLS/MINOR EQUIPMENT Total : 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: Total : 101.042.000.543 CABLE SERVICE FOR MAINTENANCE Total: 101.000.000.542 001.040.041.543 BULK OIL: SNOW FLEET FUEL FOR MAINTENANCE SHOP VEHII Total : 106.000.000.537 LEGAL ADVERTISING 101.000.000.542 LIQUID MAG 001.011.000.511 001.018.017.518 001.018.016.518 001+013.000.513 001.013.015.515 001.040.043.558 001.040.041.558 101.042.000.542 001.076.000.576 Total : Total : COPIER COSTS; WEST WINGICOUNCII COPIER COSTS: IT COPIER COSTS: HR COPIER COSTS: OPSTADMIN COPIER COSTS: LEGAL COPIER COSTS: MAIL ROOM COPIER COSTS: CPW ENGINEERING COPIER COSTS: MAINTENANCE SHOF COPIER COSTS: PARKS 382.08 362.08 36.47 120.80 124.10 281.37 534.39 534.39 175.52 175.52 86.24 86.24 1,302.44 1,908.31 3,210.75 59.20 59.20 6,754.22 6,764.22 110.79 8.23 42.58 232.15 119.95 57.46 522.83 28.02 150.94 Page: 5- vchlist 11/21/2022 4:02:25PM Voucher List Spokane Valley Page: 2 Bank code: Voucher apbank Date Vendor Invoice Fund/Dept 58400 11/21/2022 000002 000002 H & H BUSINESS SYSTEMS INC. 58401 11/21/2022 007671 HORROCKS ENGINEERS INC 58402 11/21/2022 002538 HYDRAULICS PLUS INC 58403 11/21/2022 000313 INLAND ASPHALT COMPANY INC. 58404 11/21/2022 002466 KENWORTH SALES COMPANY 58405 11/21/2022 006381 LAWSON PRODUCTS INC 58406 11/21/2022 008691 ODP BUSINESS SOLUTIONS LLC 58407 11/21/2022 004621 OREILLYAUTOMOTIVE STORES INC 58408 11/21/2022 005049 PEDERSON, MICHAEL ROY 58409 11/21/2022 002520 RWC GROUP 58410 11/21/2022 002288 SARGENT ENGINEERS INC. (Continued) 73277 24724 24732 PAY APP4 016P18770 016P18989 9310088454 9310088455 273944471001 276429554001 2862-217707 OCTOBER 2022 XA106042640:02 XA106043275:01 XA106043279:01 XA106043286:01 001.040.041.558 101.000.000.542 101.000.000.542 303.000.205.595 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000,542 001.018.014.514 001.018.014.514 001.033.000.518 101.042.000.542 101.000.000.542 101.040.000,542 101.000.000.542 101.000.000.542 3483E 101.043.000.542 Description/Account Amount PROFESSIONAL SERVICES Total : 1,272.95 Total: VEHICLE SUPPLIES: SNOW FLEET VEHICLE SUPPLIES: SNOW FLEET Total: 0205 SPRAGUE/BARKER INTERSECTIC Total: VEHICLE REPAIR & MAINT. SUPPLIES: VEHICLE REPAIR & MAINT. SUPPLIES: Total : VEHICLE REPAIR & MAINT SUPPLIES: VEHICLE REPAIR & MAINT. SUPPLIES: Total : OFFICE SUPPLIES: FINANCE OFFICE SUPPLIES: FINANCE Total : VEHICLE REPAIR & MAINT. SUPPLIES Total: DEAD ANIMAL REMOVAL Total : VEHICLE REPAIR & MAINT SUPPLIES: VEHICLE REPAIR & MAINT. SUPPLIES: VEHICLE REPAIR & MAINT. SUPPLIES: VEHICLE REPAIR & MAINT. SUPPLIES: Total: 2,800.00 2,800.00 715.35 1,598.90 2,314.25 75,444.67 75,444.67 82.94 897.10 980.04 167.90 174.37 342.27 148.88 -0.28 148.60 28.29 28.29 1,575.00 1,575.00 2,158.35 71.43 202.40 41.06 2,473.24 PROFESSIONAL SVCS 20-006 198.00 Page: v ch list 11121/2022 4:02:25PM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept 58410 11/21/2022 002288 002288 SARGENT ENGINEERS INC. 58411 11/21/2022 000001 SPOKANE CO TREASURER 58412 11/21/2022 004099 SPOKANE VALLEY ACE HARDWARE 58413 11/21/2022 000093 SPOKESMAN -REVIEW, THE 58414 11/21/2022 001969 SUNSHINE DISPOSAL 58415 11/21/2022 002597 TWISTED PAIR ENTERPRISES LLC 58416 11/2112022 009063 VASION 58417 11/21/2022 001885 ZAYO GROUP LLC 26 Vouchers for bank code : apbank 26 Vouchers in this report (Continued) 110100353 51506559 030663 20166 1996856 10262022 US5239597 2022110003578 2022110005522 2022110025710 101.042.000.542 101.042.000.542 101.000.000.542 106.000.000.537 101.042.000.542 001.011.000.511 001.090.000.518 001.090.000.518 001.090.000.518 001.090.000.518 Description/Account Amount Total : 198.00 OCTOBER 2022 ENGINEERING OCTOBER 2022 WORK CREW Total : SMALL TOOLS/MINOR EQUIPMENT Total : ADVERTISING ACCT 102969 Total : TRANSFER STATION CPW OCTOBER 2 Total : BROADCASTING COUNCIL MTGS Total : SOFTWARE LICENSES Total: NETWORK INFRASTRUCTUREACCES: INTERNET SERVICES NETWORK INFRASTRUCTUREACCES: Total : Bank total : 53,431.04 3,645.85 57,076.89 78.36 78.36 316.54 316.54 326.87 326.87 1,530.00 1,530.00 2,499.80 2,499.80 297.81 646.50 266.06 1,210.37 162,109.91 Total vouchers : 162,109.91 Page: vchlist Voucher List Page: 1 11122/2022 10:13:58AM Spokane Valley Bank code : apbank Voucher Date Vendor invoice Fund/Dept Description/Account Amount 58418 11/22/2022 000444 ARCTIC LIGHTING & ELECTRIC 765 Retainage 001,223.40.00 RETAINAGE RELEASE 3,255.60 784 001.033.033.518 BLDG REPAIR & MAINTENANCE: CITY I 1,383.03 Total : 4,638.63 58419 11/22/2022 004898 ETTER, MCMAHON, LAMBERSON, 07883-STMT#1 001.013.015.515 PROFESSIONAL SERVICES 2,117.00 Total: 2,117.00 58420 11/2212022 009097 EVENTS BY JENNIFER EVANS 10-31-2022 001.040.099.558 20TH ANNIVERSARY EVENT 3,781.25 Total : 3,781.25 58421 11/22/2022 003274 EXCHANGE PUBLISHING LLC 660659 001.013.000.513 LEGAL PUBLICATION 39.00 660660 001.013.000.513 LEGAL PUBLICATION 38.25 660661 001.013.000.513 LEGAL PUBLICATION 27.75 660662 001.013.000.513 LEGAL PUBLICATION 25.50 660663 001.013.000.513 LEGAL PUBLICATION 29.25 661572 001.040.044.558 LEGAL PUBLICATION 63.20 661573 001.040.044.558 LEGAL PUBLICATION 83.74 662311 001.013.000.513 LEGAL PUBLICATION 30.02 662313 001.016.000.521 RFP - STUDY POLICE CALLS 18.96 662316 001.013.000.513 LEGAL PUBLICATION 26.07 662317 001.013.000.513 LEGAL PUBLICATION 34.76 Total : 416.50 58422 11/22/2022 001447 FREE PRESS PUBLISHING INC 53366 001.013.000.513 LEGAL PUBLICATION 127.10 V53353 001.040.044.558 LEGAL PUBLICATION 72.25 V53358 001.040.044.558 LEGAL PUBLICATION 96.05 Total : 295.40 58423 11/22/2022 000011 GREATER SPOKANE VALLEY 32849 001.040.042,558 Q3-2022 ECONOMIC DEVELOPMENT S 6,250.00 32850 001.040.042.558 Q4-2022 ECONOMIC DEVELOPMENT S 6,250.00 Total : 12,500.00 58424 11/22/2022 005191 HALEY, PAM EXPENSES 001.011.000.511 EXPENSE REIMBURSEMENT 352.06 Total : 352.06 58425 11/22/2022 004125 IBEX FLOORING LLC 13083 001.016.016.521 CARPET INSTALLATION: PRECINCT 17,038.49 Page: r vchlist 11/22/2022 10:13:58AM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice FundlDept 58425 11/22/2022 004125 004125 IBEX FLOORING LLC 58426 11/22/2022 002259 MENKE JACKSON BEYER LLP 58427 11/22/2022 000157 MOAT, BRIAN 58428 11/22/2022 007672 MULTICARE CENTERS OF 58429 11/22/2022 008596 PRO TECH AUTOMOTIVE AND TOWING 58430 11/22/2022 007142 SCJ ALLIANCE 58431 11/22/2022 003231 SHERWIN WILLIAMS COMPANY 58432 11/22/2022 000230 SPOKANE CO AUDITORS OFFICE 58433 11/22/2022 004740 THOMSON REUTERS-WEST 58434 11/22/2022 003419 VALBRIDGE PROPERTY ADVISORS (Continued) 082 - 10-31-2022 419 - 10-31-2022 425 - 10-31-2022 446 - 10-31-2022 466 - 10-31-2022 474-10-31-2022 477-10-31-2022 480 - 10-31-2022 486 10-31-2022 492 - 10-31-2022 EXPENSES 155621 3634 69911 0710-5 7221-1 OCTOBER 2022 847276741 WA03-22-0541-000 DescriptionlAccount Amount Total : 17,038.49 001.013.015.515 001.013.015.515 303.000.313.595 001,013,015.515 001.013.015.515 001.013.015.515 001.013.015.515 001.013.015.515 303,000,313.595 001.013.015.515 PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES 001,033,033.518 EXPENSE REIMBURSEMENT 001.018.016.518 EMPLOYEE PHYSICAL EXAMS 001.040.043.524 ABATEMENT: 7518 E BRIDGEPORT Total : 001.040.044.558 PROFESSIONAL SERVICES 001.016.016.521 001,076,305.575 001.040.044.558 001.013.015.515 001.033.000.518 Total : Total: Total: Total : REISSUE REPAIR & MAINT. SUPPLIES: REISSUE CHECK - REPAIR & MAINT. SI Total: RECORDING FEES SUBSCRIPTION CHARGES APPRAISAL SERVICES Total: Total: 1,002.20 1,204.50 260.40 500.00 847.00 1,521.81 280.00 368.00 348.25 3,291.45 9,623.61 104.56 104.56 309.00 309.00 1,002.97 1,002.97 3,194.75 3,194.75 219.00 159.52 378.52 1,890,00 1,890,00 872.34 872.34 3,200.00 Page: 9 vchlist Voucher List Page: 3 1112212022 10:13:58AM Spokane Valley Bank code: apbank Voucher Date Vendor invoice Fund/Dept Description/Account Amount 58434 11/2212022 003419 003419 VALBRIDGE PROPERTY ADVISORS (Continued) Total : 3,200.00 58435 11/22/2022 008801 VELOCITI SERVICES 7803 7804 001.076.305.575 001.076.305.575 EVENT SERVICES AT CENTERPLACE EVENT SERVICES AT CENTERPLACE Total : 63.21 63.21 126.42 58436 11/22/2022 000100 WABO INC. 10331 001.143.70.00 MEMBERSHIP RENEWAL: J. NICKERSC 275.00 Total : 275.00 19 Vouchers for bank code : apbank Bank total : 62,116.50 19 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that am authorized to authenticate and certify said claim. Finance Director or designee Council member reviewed: Date Mayor Date Council Member Date Total vouchers : 62,116.50 Page: /G vchlist 11122/2022 2;06:01PM Voucher List Spokane Valley Page: 1 Bank code : apbank Voucher Date Vendor Invoice FundWDept 58437 11/22/2022 001606 BANNER BANK 58438 11/22/2022 001606 BANNER BANK 5 B430 Voided 11/22/2022 081608 BANNER BANK 58440 11/22/2022 001606 BANNER BANK 58441 11/22/2022 001606 BANNER BANK sib $653.39 5153 OCT 2022 5153 OCT 2022 5153 OCT 2022 5153 OCT 2022 5153 OCT 2022 5153 OCT 2022 5153 OCT 2022 5153 OCT 2022 5146 OCT 2022 5438 OCT 2022 6138 OCT 2022 5138 OCT 2022 5438-OCT 2022 612.8 OCT2022 5138 OCT 2022 5138 OCT 2022 5112 OCT 2022 5112 OCT 2022 5112 OCT 2022 5112 OCT 2022 5112 OCT 2022 5112OCT 2022 5112OCT 2022 5112 OCT 2022 5112 OCT 2022 5161 OCT 2022 5161 OCT 2022 Description/Account Amount 001.040.041.558 001.040.041.558 001.011.000.511 001.040.042.558 001.040.042.558 001.090.000.518 001.016.000.521 001.040.042.558 001.018.013,513 402.102.000.521- 101.012.000.512 001.010.044.568 0D1.0994041-61•8 001.010.011.613 001.032.033.518 894-833.223.E18 001.076.305.575 001.075.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.143.70.00 001.033.033.518 REGISTRATION: JACKSON REGISTRATION: SCHROEDER MEETING SNACKS REGISTRATION: NIELSEN TABLECLOTH CLEANING FOR EVENTS NETWORK MONITORING 2018 JAG EQUIPMENT STANDING DESK CONVERTER Total: UNITED AIRLINES: LAMB & HALEY Total : SICPNATCH SATELLITE IMAGE CAPTF COUNTRY HOMES POWER EQUIP.: WE MRSC: ACCESSORY DWELLINC UNITS AMAZON WEB SVCS: COUNTY 84TE P1 VARIDESK: ENCINEERINC JOHNSTONE-SUPPLY: TOOLS FOR MA WESTERN CLOVE: SAFETY GEAR slb 1545.47 Totsl ` REPAIR & MAINT. SUPPLIES: CENTERF REPAIR & MAINT. SUPPLIES: CENTERF EVENT REGISTRATION OPERATING SUPPLIES: CENTERPLAC HEADSET/MICROPHONE: CENTERPLA REPAIR & MAINT. SUPPLIES: CENTERF OPERATING SUPPLIES: CENTERPLAC REPAIR & MAINT. SUPPLIES: CENTERF OPERATING SUPPLIES: CENTERPLAC Total : 40.00 200.00 63.53 60.00 69.76 821.81 4,787.68 206.90 6,249.68 1,710.40 1,710.40 20.57 653.59 10.00 34762, 278.77 292,2.9 221.08 7 153.73 25.18 50.00 10.19 108.79 12.25 56.63 10.33 392.04 819.14 ELEVATOR PERMIT 213.10 KEY RINGS 8.69 Page: y; 1! vchlist Voucher List Page: 2 11122/2022 2:06:01PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account _ Amount 58441 11122/2022 001606 BANNER BANK (Continued) 5161 OCT 2022 001.143.70.00 BUILDING INSPECTOR RENEWALS: JA 105.00 5161 OCT 2022 001.033.033,518 REMOTE CONTROLS 190.58 5161OCT 2022 001.040.044.558 SHIPPING 14.66 5161 OCT 2022 001.033.033.518 PPE 266.59 5161 OCT 2022 001.033.033.518 FUEL 13.34 Total: 811.96 58442 11/22/2022 001606 BANNER BANK 5120 OCT 2022 001.018.013.513 EVENT REGISTRATION: LAMB & WICK 50.00 5120 OCT 2022 001.011.000.511 EVENT REGISTRATION: PEETZ, WICK, 60.00 5120 OCT 2022 001.011.000.511 EVENT REGISTRATION : HATTENBURG 60.00 5120 OCT 2022 001.011.000.511 EVENT REGISTRATION: PADDEN 20.00 5120 SEPT 2022 001.011.000.511 EVENT REGISTRATION: HATTENBURG 50.00 5120 SEPT 2022 001.011.000.511 REGISTRATION REFUND -50.00 Total : 190.00 6 Vouchers for bank code : apbank Bank total : 4-1132656 6 Vouchers In this report Total vouchers : 11,328.86 9,781.19 - kw Page: vchlist 11/2312022 10:0 6 :53AM Voucher List Spokane Valley Page: 1 Bank code: Voucher apbank Date Vendor Invoice FundlDept 58443 11/23/2022 001606 BANNER BANK 1 Vouchers for bank code: apbank 1 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director or designee Council member reviewed: Date Mayor Date Council Member Date 5138 OCT 2022 5138 OCT 2022 5138 OCT 2022 5138 OCT 2022 5138 OCT 2022 5138 OCT 2022 5138 OCT 2022 402.402.000.531 101.042.000.542 001.040.044.558 001.090.000.518 001.040.041.543 001.033.033.518 001.033.033.518 Description/Account Amount SKYWATCH - SATELLITE IMAGE CAPTI COUNTRY HOMES POWER EQUIP.: WE MRSC: ACCESSORY DWELLING UNITS AMAZON WEB SVCS: COUNTY SITE PL VARIDESK: ENGINEERING JOHNSTONE SUPPLY: TOOLS FOR MA WESTERN GLOVE: SAFETY GEAR Total : Bank total : Total vouchers : 20.57 653.39 40.00 34.53 278.77 293.23 224.98 1,545.47 1,545.47 1,545.47 Page: vchlist Voucher List Page: 1 11/29/2022 10:11:18AM Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 9808 11/29/2022 009101 CAMPBELL, ELIZABETH PARK REFUND 001.237.10.99 REFUND REGISTRATION FEE ERROR: 30.00 Total : 30.00 9809 11/29/2022 006951 CHRISP, MYLISA PARK REFUND 001.237.10.99 REISSUE DEPOSIT REFUND: TERRACI 75.00 Total : 75.00 9810 11/29/2022 009089 JONNUM MEDIA PARK REFUND 001.237.10,99 REISSUE DEPOSIT REFUND: ROOM 21 52.00 Total : 52.00 9811 11/29/2022 009102 KONZAL, KRYSTAL PARK REFUND 001.237.10.99 REISSUE DEPOSIT REFUND: AUDITOR 52.00 Total : 52.00 9812 11/29/2022 009082 RM MOTIVATION PARK REFUND 001.237.10.99 DEPOSIT REFUND: LG MEETING ROOT 52.00 Total : 52.00 9813 11/29/2022 009026 SCOLES, CANDANCE PARK REFUND 001.237.10.99 REISSUE DEPOSIT REFUND: EDGECL[ 75.00 Total : 75.0D 6 Vouchers for bank code : pk-ref Bank total : 336.00 6 Vouchers in this report Total vouchers : 336.00 vchlist 11/29/2022 2:02:23PM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept 58444 11/29/2022 007136 AMAZON CAPITAL SERVICES INC 58445 11/29/2022 007718 APPLETREE 58446 11/29/2022 008797 BASINGER, LEVI 58447 11/29/2022 008878 BEATTIE, TONY 58448 11/29/2022 000918 BLUE RIBBON LINEN SUPPLY INC 58449 11/29/2022 006723 CITY OF LIBERTY LAKE 1F4J-W7R1-1YMG 000027-143-751 EXPENSES EXPENSES 0404668 C301755 S0305535 S0305592 APPEAL FEE 58450 11/29/2022 008053 CITY OF SPOKANE VALLEY, PETTY CASH REI NOVEMBER 2022 58451 11/29/2022 004163 CONSOLIDATED ELECTRICAL DIST. 58452 11/29/2022 003274 EXCHANGE PUBLISHING LLC 58453 11/29/2022 000252 LOWE'S BUSINESS ACCOUNT 8190-1087764 662312 662314 662315 NOVEMBER 2022 Description/Account Amount 001.076.305.575 001.076.305.575 001.040.044.558 001.013.015.515 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.013.015.515 001.040.044.558 001.076.300.576 001.040.044,558 001.040.044.558 001.040.044.558 001.076.305.575 58454 11129/2022 002259 MENKE JAGKSON BEYER LLP 462 10-31-2022 001.013.015.515 CHRISTMAS TREE & DECORATIONS: C 713.20 Total: 713.20 ANSWERING SERVICE FOR CENTERP Total: EXPENSE REIMBURSEMENT EXPENSE REIMBURSEMENT Total: Total: LINEN SERVICE AND SUPPLY AT CENT LINEN SERVICE AND SUPPLY AT CENT LINEN SERVICE AND SUPPLY ATCENT LINEN SERVICE AND SUPPLY AT CENT Total : APPEAL FEE: NEIGHBORLY VENTURE Total : PETTY CASH: 22175, 23126, 23127 Total: REPAIR & MAINT. SUPPLIES: PARKS Total: LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total: SUPPLIES: FACILITIES, PARKS, MAINT Total: 67.90 67.90 17.96 17.96 26.25 26.25 79.43 -72.00 337.59 133.29 478.31 950.00 950.00 2.25 2.25 735.75 735.75 83.74 29.23 87.69 200.66 192.54 192.54 PROFESSIONAL SERVICES 2,167.20 Page: !1 vchlist 11129/2022 2;02:23PM Voucher List Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 58454 11/29/2022 002259 002259 MENKE JACKSON BEYER LLP 58455 11/29/2022 008571 PLATEAU ARCHAEOLOGICAL 58456 11/29/2022 007133 PRUNTY, CAITLIN 58457 11/29/2022 007678 RANDALL DANSKIN PS 58458 11/29/2022 007741 REFRIGERATION SUPPLIES DIST 58459 11/29/2022 000709 SENSKE LAWN & TREE CARE INC. 58460 11/29/2022 003231 SHERWIN WILLIAMS COMPANY 58451 11/29/2022 003135 UNITED RENTALS, (NORTHAMERICA) INC 18 Vouchers for hank code: apbank 18 Vouchers in this report (Continued) 2458 EXPENSES 149092 16299618-00 16299864-00 16299879-00 13448840 7019-7 212829366-001 001.076.000.576 001.013.015.515 EXPENSE REIMBURSEMENT 001.000.322.518 PROFESSIONAL SERVICES 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.300.576 Description/Account Amount Total : 2,167.20 CULTURAL RESOURCE SURVEY: FLOF Total : Total: Total : PLEATED FILTERS: CENTERPLACE REPAIR & MAINT SUPPLIES: CENTERF PLEATED FILTERS: CENTERPLACE Total : QUARTERLY PEST CONTROL: CENTEF Total : REPAIR & MAINT SUPPLIES: CENTERF Total : EQUIPMENT RENTAL: PARKS DEPT Total: Bank total : 1,437.00 1,437.00 37.50 37.50 3,304.10 3,304.10 214.62 29.47 62.89 306.98 353.93 353.93 990.39 990.39 766.72 766.72 12,748.64 Total vouchers : 12,748.64 Page: vchlist Voucher List 11/30/2022 10:06:11AM Spokane Valley Page: Bank code: apbank Voucher Date Vendor Invoice FundlDept DescriptionlAccount Amount 58462 11/30/2022 009001 MOBILE PRO SYSTEMS 3-1217-2014 001.016.000.594 MPS 3400 TRAILER SYSTEM 79,756.04 Total : 79,766.04 1 Vouchers for bank code : apbank Bank total : 79,756.04 1 Vouchers in this report Total vouchers : 79,756.04 I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the tabor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director or designee Council member reviewed; Date Mayor Dale Council Member Date Page: 1 vchlist 12105/2022 9:31:29AM Voucher List Spokane Valley Page: 1 Bank code: Voucher apbank Date Vendor Invoice Fund/Dept Description/Account Amount 58463 1215/2022 000958 MA SWEEPING LLC 74647 74649 58464 58465 12/512022 006382 AHBL INC 12/5/2022 000030 AVISTA 58466 12/5/2022 000815 BNSF RAILROAD CO 58467 12/5/2022 008530 CBRE HEERY INC 58468 12/5/2022 000322 CENTURYLINK 135060 OCTOBER 2022 OCTOBER 2022 90243876 90243877 90244345 P,J1N0032931 835E 11-14-2022 58469 12/5/2022 006516 CITY OF SPOKANE VALLEY, PERMIT CENTER SEPA FEES SEPA FEES 4668 11/17-12/16/22 239642 521579 58470 12/5/2022 001888 COMCAST 58471 12/5/2022 009085 COUNTRY VIEW LANDSCAPE LLC 58472 12/5/2022 000683 DAVID EVANS & ASSOCIATES 58473 12/5/2022 002604 DELL FINANCIAL SERVICES LLC 2228645 2228646 402.402.000.531 402.402.000.531 309.000.316.594 001.033.033.518 001.076.302.576 314.000.143.595 314.000.143.595 314.000.143.595 001.000.322.518 001.076.000.576 303.000.300.595 303.000.320.595 001.076.305.575 101.000.000.542 303.000.300.595 001.090.000.548 001.090.000.548 STREET SWEEPING OCTOBER 2022 STORM DRAIN CLEANING OCTOBER 2 Total: 0316- BALFOUR PARK IMPROVEMENT Total UTILITIES: CPW MASTERAVISTAOCTC UTILITIES: PARKS MASTERAVISTAOC Total: CIP 0143: WBS 7052620 CIP 0143: WBS 7053020 CIP 0143: WBS 7062620 322 CITY HALL REPAIR 21-197 Total: Total ; 2022 PHONE SVCS: ACCT 509-Z14-00Z Total: CIP 0300: SEPA APPLICATION FEE CIP 0320: SEPA APPLICATION FEE Total ; INTERNET & PHONE: CENTERPLACE Total: SNOW SERVICES 0300-TRAFFIC ENGINEERING Total : Total: 46,160.14 3,061.19 49,221.33 4,839.65 4,839.65 24,964.55 10,087.58 35,052.13 26,167.50 25,136.72 35,950.33 87,254.55 63,335,00 63,335.00 541.65 541.65 364.00 364.00 728.00 386.21 386.21 1,500.00 1,500.00 14,296.29 14,296.29 COMPUTER LEASE: 001-8922117-011 806.27 COMPUTER LEASE: 001-8922117-012 266.20 Page: vchlist Voucher List Page: 2 12/05/2022 9:31:29AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept DescrlptlonlAccount Amount 58473 12/5/2022 002604 DELL FINANCIAL SERVICES LLC (Continued) 2228647 001.090.000,548 COMPUTER LEASE: 001-8922117-016 409.12 2228648 001.090.000.548 COMPUTER LEASE: 001-8922117-017 487.24 2228649 001.090.000.548 COMPUTER LEASE: 001-8922117-013 986.47 2228650 001.090.000.548 COMPUTER LEASE: 001-8922117-014 142.36 2228651 001.090.000.548 COMPUTER LEASE: 001-8922117-015 176.20 2228652 001.090.000.548 COMPUTER LEASE: 001-8922117-018 650.20 2228653 001.090.000.548 COMPUTER LEASE: 001-8922117-019 52.40 2228654 001.090.000.548 COMPUTER LEASE: 001-8922117-020 636.01 2228655 001.096.000.548 COMPUTER LEASE: 001-8922117-021 502.76 2228656 001.090.000.548 COMPUTER LEASE: 001-8922117-022 423.09 Total : 5,538.32 58474 12/5/2022 000734 DEPT OF TRANSPORTATION RE-313-ATB20725003 101,043,000.542 BRIDGE INSPECTION 237.07 RE-313-ATB20725004 101.043.000.542 BRIDGE INSPECTION 204.83 RE-313-ATB20725005 101,043,000.542 BRIDGE INSPECTION 205.32 RE-313-ATB20725006 101.043.000.542 BRIDGE INSPECTION 213.30 Total: 860.52 58475 12/5/2022 000246 EAST SPOKANE WATER DIST #1 NOVEMBER 2022 402.402.000.531 WATER CHARGES 1,003.59 Total : 1,003.59 58476 12/5/2022 003682 EPIC LAND SOLUTIONS INC 1022-1272 303.000.300.595 0300 PINES AND MISSION 1,420.98 Total: 1,420.98 58477 12/5/2022 003261 FEHR & PEERS 159746 314.000.311.595 0311- SULLIVAN RD/SR 290 7,870.20 Total : 7,870.20 58478 12/5/2022 000388 IRVIN WATER DIST. #6 OCTOBER 2022 001.076.300.576 UTILITIES: PARKS AND CPW OCTOBEF 209,00 Total : 209.00 58479 12/5/2022 009105 KIMYEN DO PARCEL 45231.1112 303.000.320.595 CIP 0320: ROW ACQUISITION 500.00 Total: 600.00 58480 12/5/2022 008798 NORTH FORK ENTERPRISES LLC PAYAPP 3 303,000.318,595 0318- WILBUR SIDEWALK PROJECT 420,854.45 Total : 420,854.45 58481 12/5/2022 008004 NORTHWEST WINTERFEST 2022 #1 FINAL 001.090.000.560 2022 EDSS GRANT RE1MB #1 FINAL 4,571.00 Page: 74_ vchlist 12/05/2022 9:31:29AM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice FundlDept 58481 12/5/2022 008004 NORTHWEST WINTERFEST 58482 12/5/2022 000307 OFFICE OF THE STATE TREASURER 58483 12/5/2022 008586 PACIFIC OFFICE AUTOMATION 58484 1215/2022 005048 PARAMETRIX INC 58485 12/5/2022 001089 POE ASPHALT PAVING INC. 58486 12/5/2022 003938 ROB'S DEMOLITION INC 58487 12/5/2022 007730 ROYAL BUSINESS SYSTEMS 58488 12/5/2022 000994 SIMPSON ENGINEERS INC. 58489 12/5/2022 006822 SNAP -ON INC 58490 12/5/2022 000308 SPOKANE CO PROSECUTING ATTY 58491 12/5/2022 000459 SPOKANE CO TITLE CO (Continued) 2022 #2 FINAL OCTOBER 2022 745336 39703 40290 47130 47131 PAY APP 1 1N182955 16392-05 17061-06 17395-01 ARV/55194915 OCTOBER 2022 5-SP36457 DescriptionfAccount Amount 105,000.000,557 632.000.000.589 001.018.014.514 311.000.341.595 311.000.341.595 402.402.000.531 101.042.000.542 001.040.043.524 001.040.043.558 303.000.205.595 314.000.223.595 303.000.249.595 501.000, 000.548 632.000.000.589 403.000.320.595 2022 LTAX GRANT REIMB #2 FINAL Total : Total : Total: STATE REMITTANCE COPIER COSTS: FINANCE 0341 & 0344 CONTRACT 22-131 0341 & 0344 CONTRACT 22-131 Total: STREET & STORMWATER MAINTENAN STREET & STORMWATER MAINTENAN Total: 7518 E. BRIDGEPORTABATEMENT PRI Total : NOVEMBER 2022 COPIER COSTS Total: 0205 SPRAGUEIBARKER MPROVEMEI 223- PINES/BNSF GRADE SEPARATION 0249- SULLIVAN- WELLESLEY INTERSE Total : VEHICLE REPAIR & MAINT. SUPPLIES Total : CRIME VICTIMS COMPENSATION REM Total: GIP 0320: RECORDING FEE Total: 13,724.77 18,295.77 35,366.78 35,366.78 199.96 199.96 10,790.00 1,700.00 12,490.00 317.43 127,752,24 128,069.67 28,968.15 28,968.15 159.77 159.77 1,500.00 2,500.00 2,000.00 6,000.00 55.31 55.31 373.01 373.01 435.00 435.00 Page:. a® vchlist 12/05/2022 9:31:29AM Voucher List Spokane Valley Page: 4 Bank code: apbank Voucher Date Vendor Invoice FundlDept 58492 12/5/2022 000001 SPOKANE CO TREASURER 42001054 51506551 58493 12/5/2022 000324 SPOKANE CO WATER DIST#3 NOVEMBER 2022 #1 NOVEMBER 2022 #2 58494 12/512022 000404 SPOKANE VALLEY HERITAGE MUSEUM 2022 #13 2022 #14 58495 12/5/2022 000257 STATE AUDITOR'S OFFICE 58496 12/5/2022 001875 STRATA INCORPORATED 58497 12/5/2022 008795 THAXTON PARKINSON PLLC 58498 12/5/2022 004800 URS ELECTRONICS INC 58499 12/5/2022 000295 VALLEYFEST 37 Vouchers for bank code : apbank 37 Vouchers in this report L150279 SP220295-IN 318 801083 2022 #3 DescriptionlAccount Amount 001.016.000.554 031.016.030.523 462.402.003.531 402.402.000.531 105.000.000.557 105.000.000.557 001.090.000.514 303.000.318.595 001.000.322.518 303.000.327.595 105.000.000.557 ANIMAL CONTROL SERVICES DECEME NOVEMBER 2022 INMATE HOUSING Total : WATER CHARGES FOR NOVEMBER 2C WATER CHARGES FOR NOVEMBER 2C Total : 2022 LTAX GRANT REIMBURSEMENT 2022 LTAX GRANT REIMBURSEMENT If Total: SAO AUDIT OF 2021 Total : PROJECT 318 WILBUR SIDEWALK BOC Total : 0322: ENGINEERING SERVICES 327 SPRAGUE STORMWATER Total: Total : 2022 LTAX GRANT REIMBURSEMENT Total : 23,830.06 120,489.30 144,319.36 1,149.40 195.24 1,344.64 3,150.00 3,205.00 6,355.00 29,545.65 29,545.66 12.325.46 12,325.46 6,337.50 6,337.50 3,792.99 3,792.99 5,177.36 5,177.36 Bank total : 1,135,123.25 Total vouchers : 1,135,123.25 Page: vchlist Voucher List Page: 1 12/05/2022 9:56:03AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58500 12/5/2022 006984 Al TREE SERVICE LLC 5128 101.042.000.542 TREE REMOVAL & SERVICE 2,885.85 Total : 2,885.85 58501 12/5/2022 008462 ABSCO SOLUTIONS 84337 001.090.000.518 CONTRACT 22-130.00 11,694.31 Total: 11,694.31 58502 12/5/2022 001107 ADVANCED TRAFFIC PRODUCTS 0000034352 101.042.099.542 BROADWAY/ARGONNE PED SIGNAL R 1,987.13 Total: 1,987.13 58503 12/5/2022 007136 AMAZON CAPITAL SERVICES INC 11 RV--M9XF-RVVX 001,040,041.543 OFFICE & OPERATING SUPPLIES 149.97 1D3W-4HVR-DP93 001.040.041.543 OFFICE & OPERATING SUPPLIES 324.64 Total: 474.61 58504 12/5/2022 007808 AMENTO GROUP 102242 001.000.322.518 PROFESSIONAL SERVICES: CITY HALL 1,187.00 102243 001.000.322.518 PROFESSIONAL SERVICES: CHAMBEF 6,657.21 Total : 7,844.21 58505 12/5/2022 008878 BEATTIE, TONY 8878 Q4-2022 001.013.015.515 Q4-2022 CELL PHONE ALLOWANCE 135.00 Total : 135.00 58506 12/5/2022 008216 BERRYDUNN 423634 001.090.000.513 CONSULTING SERVICES 630.00 423636 001.090.000.513 CONSULTING SERVICES 1,350.00 Total: 1,980.00 58507 12/5/2022 002517 BROWN BEARING CO INC 9502807892 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 295.10 Total : 295.10 58508 12/5/2022 007637 COMMONSTREET CONSULTING LLC CSROW 22429 314.000.223.595 0223- PINES UNDERPASS 7,906.74 CSROW 22456 303.000.329.595 0329 BARKER RD IMPROVEMENTS 999.43 Total : 8,906.17 58509 12/5/2022 007637 COMMONSTREET CONSULTING LLC CSROW 22455 403.000.320.595 0320 SULLIVAN PRESERVATION 2,865.00 CSROW 22462 303,000,320.595 320 SULLIVAN ROAD ROW SERVICES 7,398.64 Total : 10,263.64 58510 12/5/2022 000326 CONSOLIDATED IRRIGATION #19 NOVEMBER 2022 001.076.305.575 UTILITIES: NOVEMBER 2022 PARKS & 288.54 Page: vch list 12/05/2022 9:56:03AM Voucher List Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 58510 12/5/2022 000326 000326 CONSOLIDATED IRRIGATION #19 58511 12/5/2022 003255 DAY WIRELESS SYSTEMS 58512 12/5/2022 002604 DELL FINANCIAL SERVICES LLC 58513 12/5/2022 000278 DRISKELL, CARY 58514 12/5/2022 009090 FMI EQUIPMENT 58515 12/5/2022 005191 HALEY, PAM 58516 12/5/2022 003297 HIGGINS, LEWIS ROD 58517 12/5/2022 000421 HOHMAN, JOHN 58518 12/5/2022 007671 HORROCKS ENGINEERS INC (Continued) INV751728 2289771 2289772 2289773 2289774 2289775 2289776 2289777 2289778 2289779 2.289780 2289781 2289782 0278 Q4-2022 SPK-10690 5191 Q4-2022 3297 Q4-2022 0421 Q4-2022 DECEMHER 2022 101.042.000.543 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.013.015.515 101.042.000.542 001.011.000.511 001.011.000.511 001.013.000.513 001.013.000.513 73332 303.000.320.595 Description/Account Amount TOWER RENT Total : 288.54 Total: COMPUTER LEASE: 001-8922117-011 COMPUTER LEASE: 001-8922117-012 COMPUTER LEASE: 001-8922117-016 COMPUTER LEASE: 001-8922117-017 COMPUTER LEASE: 001-8922117-013 COMPUTER LEASE: 001-8922117-014 COMPUTER LEASE: 001-8922117-015 COMPUTER LEASE: 001-8922117-018 COMPUTER LEASE: 001-8922117-019 COMPUTER LEASE: 001-8922117-020 COMPUTER LEASE: 001-8922117-021 COMPUTER LEASE: 001-8922117-022 Total Q4-2022 CELL PHONE ALLOWANCE Total : EQUIPMENT RENTAL Total: Q4-2022 CELL PHONE ALLOWANCE Total : 04-2022 CELL PHONE ALLOWANCE Total: 04-2022 CELL PHONE ALLOWANCE MONTHLY AUTO ALLOWANCE Total: 218.73 218.73 24.10 7.30 409.12 487.24 986.47 142.36 176.20 650.20 52.40 636.01 502.76 423.09 4,497.25 135.00 135.00 435.60 435.60 135.00 135.00 135.00 135.00 135.00 700.00 835.00 0320 SULLIVAN PRESERVATION 240.00 Total: 240.00 Page: �-3 vchlist 12105/2022 9:56:03AM Voucher List Spokane Valley Page: 3 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 58519 12/5/2022 004198 INTERMOUNTAIN SIGN & SAFETY 58520 12/5/2022 007847 KNODEL, CHAD 58521 12/5/2022 006381 LAWSON PRODUCTS INC 58522 12/5/2022 007157 MASTERGRAPHICSAEC, LLC 58523 12/5/2022 003090 NORTH 40 OUTFITTERS 58524 12/5/2022 008542 OAC SERVICES INC 58525 12/5/2022 008691 ODP BUSINESS SOLUTIONS LLC 58526 12/5/2022 004621 OREILLYAUTOMOTIVE STORES INC 58527 12/5/2022 008265 OSBORN CONSULTING INC 58528 12/5/2022 006475 PEETZ, BRANDI 58529 12/5/2022 002424 PITNEY BOWES GLOBAL 16230 303.000.342.595 7847 Q4-2022 EXPENSES 9310096073 013018 109030/3 144549 273982448001 277428178001 277435684001 2862-219370 2862-219396 2862-220717 2862-221132 7694 6475 Q4-2022 3316622563 001.018.017.518 001.090.000.518 101.000.000.542 402.402.000.531 101.000.000.542 001.033.034.518 001.018.014.514 001.018.014.514 001.018.014.514 001.040.041.558 001.040.041.558 101.000, 000.542 101.000.000.542 402.000.099.531 001.011.000.511 001.090.000.518 Description/Account Amount 0342- 2022 SCHOOL ZONE FLASHING( 1,700.40 Total: 1,700.40 Q4-2022 CELL PHONE ALLOWANCE EXPENSE REIMBURSEMENT Total: VEHICLE REPAIR & MAINT. SUPPLIES: Total : BLUEBEAM LICENSE & MAINTENANCE Total : SMALL TOOLS/MINOR EQUIPMENT Total: PROFESSIONAL SERVICES OFFICE SUPPLIES: FINANCE OFFICE SUPPLIES: FINANCE OFFICE SUPPLIES: FINANCE Total : Total: VEHICLE REPAIR & MAINT. SUPPLIES: VEHICLE REPAIR & MAINT. SUPPLIES: VEHICLE REPAIR & MAINT. SUPPLIES: VEHICLE REPAIR & MAINT. SUPPLIES: Total: 22-083 STORMWATER COMPREHENSI' Total Q4-2022 CELL PHONE ALLOWANCE Total : 135.00 270.00 405.00 321.72 321.72 738.90 738.90 28.48 28.48 407.40 407.40 32.66 16.53 10.33 59.52 39.64 7.38 483.20 66.19 596.41 41,599.89 41,599.89 135.00 135.00 LEASE CONTRACT 0040941959 967.20 Page: dij vchlist 12/05/2022 9:56:03AM Voucher List Spokane Valley Page: 4 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept 58529 12/5/2022 002424 002424 PITNEY BOWES GLOBAL 58530 12/5/2022 002520 RWC GROUP 58531 12/5/2022 001903 SPOKANE TRAFFIC CONTROL INC 58532 12/5/202.2 000065 STAPLES ADVANTAGE 58533 12/5/2022 002960 WICK, BEN 58534 12/5/2022 002651 WOODARD, ARNE 35 Vouchers For bank code : apbank 35 Vouchers in this report (Continued) XA106040619:01 XA 106043279:02 XA106043454:01 XA106043602:01 7184 3524089230 2960 Q4-2022 2651 Q4-2022 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 403.000.327.595 001.090.000.518 001.011.000.511 001.011.000.511 Description/Account Amount Total: 967.20 VEHICLE REPAIR & MAINT. SUPPLIES: VEHICLE REPAIR & MAINT. SUPPLIES: VEHICLE REPAIR & MAINT. SUPPLIES: VEHICLE REPAIR & MAINT. SUPPLIES: Total: TRAFFIC CONTROL KITCHEN SUPPLIES Total : Total : Q4-2022 CELL PHONE ALLOWANCE Total : Q4-2022 CELL PHONE ALLOWANCE Total : Bank total : 220.32 101.20 608.73 637.97 1,568.22 20,000.00 20,000.00 64.71 64.71 135.00 135.00 135.00 135.00 122,248.99 Total vouchers : 122,248.99 Page: vchlist Voucher List Page: 1 12105/2022 11:36:14AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept DescriptionfAccouht Amount 58535 12/5/2022 000918 BLUE RIBBON LINEN SUPPLY INC 0406561 001.076.305.575 LINEN SERVICE AND SUPPLY AT CENT 257.15 0408458 001.076.305.575 LINEN SERVICE AND SUPPLY AT CENT 334.91 0410324 001.076.305,575 LINEN SERVICE AND SUPPLY AT CENT 346.02 C301755 001.076.305.575 LINEN SERVICE AND SUPPLY AT CENT -0.11 S0305656 001.076.305.575 LINEN SERVICE AND SUPPLY AT CENT 436.91 S0306388 001.076.305.575 LINEN SERVICE AND SUPPLY AT CENT 404.24 Total : 1,779.12 58536 12/5/2022 008572 CDA METALS 21214859 001.075.305.575 REPAIR & MAINT. SUPPLIES: CENTERF 39.09 Total : 39.09 58537 12/512022 000571 CODE PUBLISHING COMPANY GC00118967 001.143.70.00 STANDARD WEB HOSTING 11/112022 T 480.00 Total 480.00 58538 12/5/2022 005355 COMMERCIAL PUBLISHING INC 79550 001.143.70.00 ADVERTISING: CENTERPLACE 1,200.00 Total : 1,200.00 58539 12/5/2022 007240 CONCENTRA MEDICAL CENTERS 77350472 001.018.016.518 EMPLOYEE PHYSICAL 105.00 Total: 105.00 58540 12/5/2022 003274 EXCHANGE PUBLISHING LLC 663035 001.013.000,513 LEGAL PUBLICATION 28.50 663036 001.016.000.521 LEGAL PUBLICATION 18.00 Total : 46.50 58541 12/5/2022 005046 FASTSIGNS INV-4791 001,076,301.571 SIGNAGE FOR CENTERPLACE 310.35 Total : 310.35 58542 1215/2022 001447 FREE PRESS PUBLISHING INC 53382 001.013.000.513 LEGAL PUBLICATION 50.15 53383 001.013.000.513 LEGAL PUBLICATION 215.60 53384 001.013.000.513 LEGAL PUBLICATION 215.60 53385 001.013.000.513 LEGAL PUBLICATION 94.0D 53385 001,013,000.513 LEGAL PUBLICATION 86.95 53413 001.013.000.513 LEGAL PUBLICATION 94.00 53415 001.013.000.513 LEGAL PUBLICATION 25.00 53425 001.013.000.513 LEGAL PUBLICATION 39.95 53426 001.013.000.513 LEGAL PUBLICATION 31.45 Page: 6 vchlist Voucher List Page: 2 12/05/2022 11:36:14AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount Total : 852.70 58542 12/5/2022 001447 001447 FREE PRESS PUBLISHING INC (Continued) 58543 12/5/2022 002975 FREEDOM SALES AND SUPPLY LLC 2022659 001.018.016.518 ADULT CPR, AED & BASIC FIRST AID C 520.00 Total: 520.00 58544 12/5/2022 009050 HAPPY LAUNDRY AND DRY CLEANING 14282 001.076.305.575 LAUNDRY SERVICE: CENTERPLACE 111.54 Total : 111.54 58545 12/5/2022 008029 MCKINSTRY CO LLC 10193566 001.076.302.576 REPAIR: PARK RD POOL WATER SLIDE 12,560.06 10193569 001.076.302.576 REPAIR: TERRACE VIEW POOL LAZY F 16,316.06 Total : 28,876.12 58546 12/5/2022 003090 NORTH 40 OUTFITTERS 108989/3 001.033.033.518 SAFETY SUPPLIES: MAINTENANCE ST 456.18 Total: 456.18 58547 12/5/2022 000675 RAMAX PRINTING &AWARDS INC 35114 001.011.000.511 BRASS PLATE 28.86 Total: 28.86 58548 12/5/2022 006427 RETAIL STRATEGIES LLC 528-6D 001.040.042.558 PROFESSIONAL CONSULTING 7,000.00 Total : 7,000.00 58549 12/5/2022 000065 STAPLES ADVANTAGE 3524089227 001.013.000.513 OFFICE SUPPLIES: CITY MGR 139.57 Total : 139.57 58550 12/5/2022 008558 THE HOME DEPOT PRO 716875927 001.076.305.575 JANITORIAL SUPPLIES: CENTERPLACI 163.24 Total : 163.24 58551 12/5/2022 007996 TRANSPORTATION SOLUTIONS 19019 001.013.015.515 PROFESSIONAL SERVICES 620.88 Total : 620.86 58552 12/5/2022 008378 UPBEAT 634971 C01.076.305.575 BENCH AT CENTERPLACE WEST LAW 2,101.64 Total : 2,101.64 58553 12/5/2022 000783 VALLEY GLASS 22-107495 001.033.033.518 REPLACE BROKEN WINDOW IN S111 2,098.50 Total : 2,098.50 58554 12/5/2022 008502 VOLUNTEERS OF AMERICA OF E, WASH & NC VOA 1014 001.040.042.565 VOA SHELTER BED REIMBURSEMENT: 1,860.00 Total : 1,860.00 Page: vchlist 1210512022 11:36 :14AM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58555 12/5/2022 007995 WALL AND COMPANY LLG 58556 12/5/2022 000066 WCP SOLUTIONS 58557 1215/2022 000962 WSBA 58558 12/5/2022 000487 YMCA OF THE INLAND NW 24 Vouchers for bank code: apbank 24 Vouchers in this report 1905-2909-1750-1113 1905-2909-1750-1114 13006704 2023-24087 2023-47353 2023-51104 OCTOBER 2022 001.033.033.518 001.016.016.521 001.076.305.575 001.143.70.00 001.143.70.00 001.143.70.00 001.076.302.575 SNOW REMOVAL: CITY HALL SNOW REMOVAL: PRECINCT Total : JANITORIAL SUPPLIES: CENTERPLACI Total: 2023 LICENSE DUES: CARY DRISKELL 2023 LICENSE DUES: CAITLIN PRUNTI 2023 LICENSE DUES: ANTHONY BEAT1 Total : OPERATING EXPENSES/MGMT FEE O( Total : Bank total : 1,742.40 1,524.60 3,267.00 91.26 91.26 478.00 478.00 518.00 1,474.00 13,396.22 13,396.22 67,017.77 Total vouchers : 67,017.77 Page: vchlist Voucher List Page: 1 12/05/2022 1:20:57PM Spokane Valley Bank code; apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58559 1215/2022 000365 DEPTOF LICENSING COMMANDER TRLR SPVD 001.016.000.521 TITLE/REGISTRATION: 2022 COMMAN[ 54.75 Total: 54.75 1 Vouchers for bank code : apbank Bank total : 54.75 1 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director or designee Council member reviewed: Date Mayor Date Council Member Date Total vouchers : 54.75 Page: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 6, 2022 Department Director Approval: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending November 30, 2022 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: BUDGET/FINANCIAL IMPACTS: Employees Council Total Gross: $ 406,095.02 $ 13,050.00 $ 419,145.02 Benefits: $ 223,856.60 $ 14,393.99 $ 238,250.59 Total payroll $ 629,951.62 $ 27,443.99 $ 657,395.61 RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri DRAFT MINUTES City of Spokane Valley City Council Study Session Meeting Tuesday, November 15, 2022 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Pam Haley, Mayor Rod Higgins, Deputy Mayor Tom Hattenburg, Councilmember Brandi Peetz, Councilmember Laura Padden, Councilmember Ben Wick, Councilmember Arne Woodard, Councilmember Staff John Hohman, City Manager Erik Lamb, Deputy City Manager Tony Beattie, Sr. Deputy City Attorney Gloria Mantz, City Engineer John Bottelli, Parks, Rec & Facilities Director Dave Ellis, Police Chief Cary Driskell, City Attorney Chelsie Taylor, Finance Director Morgan Koudelka, Sr. Administrative Analyst Dan Domrese, Accounting Manager Mike Basinger, Economic Develop. Director Chaz Bates, Planning Manager Susan Nielsen, Economic Develop. Specialist Glenn Ritter, Sr. Engineer Project Manager John Whitehead, Human Resources Manager Virginia Clough, Legislative Policy Coordinator Christine Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Higgins, seconded, and unanimously agreed to approve the agenda. PROCLAMATION: Global Entrepreneurship Week The proclamation was accepted with thanks from members of the Distributive Education Club (DECA). ACTION ITEM: 1. Motion Consideration: State Legislative Agenda — Virginia Clough It was moved by Deputy Mayor Higgins and seconded to approve the 2023 State Legislative Agenda. Legislative Policy Coordinator Clough went over the agenda's highlights noting the bulleted items under the Policy Statements, as well as the enhanced format separating the funding requests from the support requests. Ms. Clough also noted that should we receive grant funds from the Move Ahead Washington grant for the Pines Project, the Pines Project could be removed and the agenda amended later. Mayor Haley invited public comments. Mr. John Harding, Spokane Valley: said he thinks the governor's powers should be amended; that we have under -staffed our police officers; and that priorities need to be changed for school districts. There were no further public comments. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. NON -ACTION ITEMS: 2. Retail Strategies Annual Update — Susan Nielsen After Ms. Nielsen introduced Mr. Scott vonCannon, Ms. Brookley Valencia, and Mr. John Mark Boozer from Retail Strategies, they went over their role, challenges, goals, some of their retail accomplishments in the area and mentioned there are several potential projects for the area; they spoke about different ideas for reinventing malls; said US retail real-estate vacancies are down, rents are up, and more stores are opening Council Meeting Minutes, Study Session: 11-15-22 Page 1 of 5 Approved by Council: DRAFT than closing; and they spoke about the Spokane Valley Mall and the idea of creating a tenant mix beyond apparel and food courts; said Retail Strategies will assist with all vacancies and work to help generate tenant interest for junior anchor sites; and spoke of ongoing conversations with multiple commercial retail sites in Spokane Valley and that they continue pushing those sites out to retail prospects. There was some Council discussion about the Sears store at the Mall, Maverick gas stations, revitalization, and organic grocers. Council thanked Retail Strategies for their presentation. 3. Tourism Promotion Area Update — Mike Basinger Mr. Basinger reported that with the establishment of the TPA, staff received the paperwork from the Department of Revenue which will officially start the TPA collections; said he communicated with Visit Spokane who had presented a proposal to us, as noted in their statement of work, but it was determined that it should be presented to the hoteliers so a meeting was set; said they had a follow-up meeting today and out of 18 hoteliers, ten were not interested in the proposal; he noted that there was no response from five hoteliers but some are extremely busy working the counters, and others need to contact corporate for any decision. Mr. Basinger noted there was also a concern that the proposal was too costly. Mr., Basinger said he informed Visit Spokane CEO Meg Winchester of the decision. Mr. Basinger said there is a need to get this moving, but that we will need to borrow some money until TPA funds are collected; said he feels we can put up a nice website, and that next steps include talking with Finance and then coming back with a proposal for interim funding; said staff has identified people interested in the Commission, and that his conversations with the hoteliers will continue. He also noted staff is working on an application form, as well as an ad announcing the openings on the commission. There was discussion about Council's role; that this Commission is a recommending body with a non- voting ex-officio position appointed by the City Manager. Councilmember Wick asked about the possibility of using LTAC funds for destination marketing, and Mr. Hohman said he would have to look at that option. Mr. Basinger also mentioned that he told the hoteliers that the City could issue an RFP (request for proposal) and then bring that to the hoteliers and select one firm that makes the most sense and then move forward. 4. Petty Cash Process — Dan Domrese Mr. Domrese explained that our current petty cash resolution, as well as the Municipal Code, needs some amendments concerning our petty cash process; that CenterPlace doesn't have any operating cash for making change, that City Hall main reception petty cash fund is larger than necessary, and the total of the City's petty cash funds needs to be revised; all as noted in the Request for Council Action as well as the draft resolution and ordinance. There was Council consensus to move the documents forward as requested. 5. Comprehensive Plan Amendments — Chaz Bates Planning Manager Bates briefly explained the Comprehensive Plan Docket process; he noted there is only one proposed amendment, which is a City -initiated amendment to change the area in question from Single Family Residential and Neighborhood Commercial, to Parks, Recreation and Open Space. Mr. Bates noted that such change would expand the Parks, Recreation and Open Space, would provide park space to the neighborhood, and is compatible with surrounding uses. He explained that the Planning Commission will hold a public hearing to allow for public comment on the proposal, and once the Commission has deliberated, will then forward a recommendation to Council. There were no objections to moving this forward for a motion consideration at the November 22, 2022 meeting. 6. Park Maintenance Contract — John Bottelli, Erik Lamb Deputy City Manager Lamb explained that the Parks Maintenance Contract, along with the law enforcement contract, is one of our largest contracts, and that 2023 will be the last year of the current agreement so we have to determine what we want to do for 2024 and beyond, and that now is the time to start the process. He noted that tonight's agenda item is just for information. Mr. Lamb further explained, and as shown on the accompanying PowerPoint, that there are three separate maintenance categories: City Parks & Trails, Irrigated Swales and Rights -of -way, and Non -irrigated Swales and Rights -of -way with historically the Geiger Crews and other contractors maintaining the non -irrigated rights -of -way, and Senske Services Council Meeting Minutes, Study Session: 11-15-22 Page 2 of 5 Approved by Council: DRAFT maintaining the other two. Mr. Bottelli showed the list of the items included in the park system maintained by Senske, as well as what is not maintained by Senske; he also noted the contract history, and prominent changes since 2017. In looking at contract values and compensation on slide 6, Mr. Lamb stated that the cost increases don't include annual CPI (consumer price index) changes as this contract does not have cost escalators. Mr. Bottelli went over the contract provisions and deliverables, and mentioned that the contract is a lump - sum payment, paid annually divided into monthly payments. In response to Councilmember Peetz' question about why the trail is not snowplowed, Mr. Bottelli said that is not currently in the scope of work, but could be part of discussions. There was also some discussion about graffiti, with Mr. Lamb stating that there are potential alternatives to relieve some of Senske's duties; said there has been an increase in graffiti in certain parks, and that we have been working with SCOPE and law enforcement, and that SCOPE has five individuals slated to paint properties as the need arises. There were no objections to bringing the contract back at a future meeting for Council approval consideration. 7. Balfour Park Project Update — Gloria Mantz City Engineer Mantz introduced Mr. Glenn Ritter, Senior Engineer and Project Manager for Balfour Park. Ms. Mantz went over some of the background of the project; she explained that in 2021, Council authorized a contract for design service of the park expansion; that in August of 2021, Council allocated $2 million for the park concept; that when bids were opened in March of this year, they came in substantially over budget; that staff reviewed the bids and worked with the design team to reduce the cost of the project without reducing the scope. Ms. Mantz noted that staff is hoping to advertise the project in December and open bids in January. Mr. Ritter went over the site plan diagram and cost estimate summary; said that staff contacted a pre-fab building manufacturer that could provide the same function and look as the site -built restroom building, but with a longer warranty; said staff identified some additions that we could bid as additive alternates to add flexibility in awarding a bid; said staff is proposing two more additive alternatives: the amphitheater walkway lighting, and the electrical in the permanent pre-fab restroom. Mr. Ritter said the estimated anticipated base is $278,000 less then the available budget for construction, said any or all of the additive alternatives could be added to the contract. He noted staff would prefer the installation of a permanent restroom building, but in order to remain within budget, it wasn't included in the base bid; he noted the pre-fab restroom's current cost is $950,000, and the building could be ready for delivery and installation next fall; said if this isn't included in the phase 1 construction, there won't be a restroom for the park. Mr. Ritter said they are seeking Council consensus to authorize staff to finalize the construction document and advertise the bid late December 2022 with the four listed additive alternatives. Councilmember Woodard said the $950,000 cost for a restroom is staggering. Mr. Ritter said the advantage of the pre-fab concrete building is it has a five-year warranty on workmanship and materials and a 20-year warranty on the structure. Councilmember Woodard said he realizes the restroom building would be more than just a restroom, but that the price is still high. Mr. Ritter said that the bids for the site -built restroom building started at $912,000 and went up to over $1.3 million; he noted the pre-fab building would also accommodate the building for future elements of the park, such as the pump room, electrical and lighting, and cameras. There was some discussion about the four alternatives, and possible names for the pump room/restroom. Ms. Mantz said that Council would not have to award all the additives; if Council wanted to award a contract they only would have to award what would be the base bid; and if the bids were favorable and there was additional funding, Council could look at those other alternatives if they so chose. Deputy Mayor Higgins asked if that $950,000 is still set aside, and Mr. Hohman said it is but at this point is unallocated. Deputy Mayor Higgins said he would be inclined to include that building. Councilmember Peetz said she would like to allocate that money and have the building as a safe building. Councilmember Woodard said he is not opposed to the building and would like to see that done at the time of construction but not as an alternate, and would like to see that building with the police precinct as an added safety feature; adding that he really wants the Veterans Plaza alternate and suggests getting this out to bid as soon as possible. Council Meeting Minutes, Study Session: 11-15-22 Page 3 of 5 Approved by Council: DRAFT To clarify, Ms. Mantz said that Council would like staff to restructure the contract document so the City will provide the restroom/police precinct facility as part of the base bid and include the three alternates. Mr. Ritter also noted that the cost to provide the restroom/police facility would be about $2.8 million plus the $950,000, and Mr. Hohman noted that $950,000 is fund 312 money which Council previously decided to leave unallotted. There was Council consensus to add the building, sometimes known as the restroom/police precinct/multi-purpose building. At 7:59 p.m. Mayor Haley called for a recess; she reconvened the meeting at 8:10 p.m. 8. Law Enforcement Contract Renewal — Morgan Koudelka, Erik Lamb Deputy City Manager Lamb said that our agreement with Spokane County for law enforcement services is subject to renewal at the end of 2022 for another five-year period, subject to Council approval; and he extended thanks to members of the Sheriff's Office and to Chief Ellis for a very collaborative process as all worked through the proposed changes, and he noted the red -line copy of the agreement which had been distributed earlier to Council. In moving through the PowerPoint slides, Mr. Lamb went over the history of the agreement, current status, and key considerations; followed by Mr. Koudelka discussing staffing, including shared officers and civilian staff, vehicles and equipment and costs. Mr. Lamb talked about services, and that staff is seeking Council consensus to move this forward to a motion consideration at an upcoming meeting. Councilmember Wick asked about ownership transfers and termination of the contract, and Mr. Lamb stated that section 4.4 of the agreement states that at the termination of the agreement, the City shall have the option to purchase, subject to agreement of the County and Sheriff, of County -owned vehicles and/or equipment used to provide services; and ownership of dedicated vehicles that have been fully paid for solely by City shall be transferred to City without cost if City chooses this option. Concerning pool positions, Mr. Lamb said that this is an informal arrangement discussed in the past with the Sheriff's Office as a means to try to more quickly staff up to have pool positions to fill vacancies; said they talked about including that but felt since a staffing assessment will be conducted, that would be more of what we want; said they are positions within the Sheriff's Office but not included in this agreement as they were not able to come to agreement about the temporary nature and when we or they would pay. Mr. Koudelka stated that the Board of County Commissioners made that year-to-year decision on if and to what extent they'd fund those pool positions; that any additional costs are usually offset by unfilled positions; said this is the first time we don't have those unfilled positions to offset costs, and that we are trying to see what the Board of County Commissioners wants. Mr. Lamb said that staff and the County is looking at what is and isn't working, and will bring this back for Council's consideration; that this agreement is a living document and can be amended as it was earlier this year. Looking at section 6.2 Councilmember Padden noted that the sentence "the Parties may mutually agree to an adjustment to the estimate due to vacancies or other related circumstances" that other related circumstances is a broad statement. Mr. Lamb further explained that that sentence is intended to address the vacancy issue if something were to arise; said this is about our estimates, and that we only pay for what we receive as finalized through the settle and adjust. There was Council consensus to move this forward for a motion. 9. Governance Manual — John Hohman, Tony Beattie City Manager Hohman went over items that had been discussed at the October 4 meeting; and said that it was suggested to him to not discuss executive session tonight but to schedule that separately later as a stand- alone item. There was council consensus to defer that piece until later. As a result of the discussion on the remainder of the items, it was agreed to keep the change to the monthly mileage stipend for Councilmembers at $25.00, with $50.00 for the Mayor since the Mayor usually does more travelling. There were no objections to making that change. Concerning the Remote Participation section, Councilmember Wick questioned the sentence about the Mayor functioning as the Presiding Officer if attending remotely, and Mr. Hohman suggested changing the word `will' still function as the Presiding Officer, to 'may' still Council Meeting Minutes, Study Session: 11-15-22 Page 4 of 5 Approved by Council: DRAFT function as the Presiding Officer. There were no objections, nor any further discussion and there was Council consensus that staff bring the manual back for adoption with the noted changes. At 8:55 p.m. it was moved by Deputy Mayor Higgins, seconded and unanimously agreed to extend the meeting for 30 minutes. 10. Advance Agenda — Mayor Haley There were no suggested changes to the Advance Agenda, 11. Finance Depaitinent Monthly Report The Finance Department Monthly Report was for information only and was not reported or discussed. 12. Council Comments — Mayor Haley Councilmember Peetz extended thanks to staff for all the work in handling the nuisance property on Mission. Councilmember Woodard mentioned that the Wreaths Across America, honoring veterans, is scheduled for December 17, 2022, at noon at the Pines Cemetery. 13. City Manager Comments — John Hohman Mr. Hohman said he appreciates the comments on the work of code enforcement and noted the structure has been demolished as it was very unsafe. Mr. Hohman also noted that staff is working with the Rotary Club on the Christmas Tree Lighting Ceremony, that staff have been working through some challenges especially with the tree, and that the event will be held Friday, December 2, at 6 p.m. at City Hall. Mr. Hohman then recommended Council adjourn into executive session for about ten minutes to discuss pending litigation. It was then moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn into executive session for fifteen minutes to discuss pending litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at 9:00 p.m. At 9:15 p.m. Mayor Haley declared Council out of executive session, at which time it was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. ATTEST: Pam Haley, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes, Study Session: 11-15-22 Page 5 of 5 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Special Meeting Tuesday, November 22, 2022 Mayor Haley called the meeting to order at 5:15 p.m. The meeting was held in person in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Pam Haley, Mayor Rod Higgins, Deputy Mayor Tim Hattenburg, Councilmember Laura Padden, Councilmember Brandi Peetz, Councilmember Ben Wick, Councilmember Arne Woodard, Councilmember Staff John Hohman, City Manager Cary Driskell, City Attorney Christine Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. EXECUTIVE SESSION: RCW 42.30.110(1)(b)]: Acquisition of Real Estate It was moved by Deputy Mayor Higgins, seconded and unanimously agreed that Council adjourn into executive session for approximately thirty minutes to discuss acquisition of real estate and that no action will be taken upon return to open session. Council adjourned into executive session at 5:15 p.m. At 5:47 p.m. Mayor Haley declared Council out of executive session. It was then moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 5:47 p.m. ATTEST: Pam Haley, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes, Special Meeting 11-22-2022 Page 1 of 1 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Formal Meeting Tuesday, November 22, 2022 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Pam Haley, Mayor Rod Higgins, Deputy Mayor Tim Hattenburg, Councilmember Laura Padden, Councilmember Brandi Peetz, Councilmember Ben Wick, Councilmember Arne Woodard, Councilmember Staff John Hohman, City Manager Erik Lamb, Deputy City Manager Cary Driskell, City Attorney John Bottelli, Parks, Rec & Facilities Director Chelsie Taylor, Finance Director (via zoom) Bill Helbig, Community & Public Works Dir. Gloria Mantz, City Engineer Dave Ellis, Police Chief Morgan Koudelka, Sr. Administrative Analyst Mike Basinger, Economic Development Dir Chaz Bates, Planning Manager John Whitehead, Human Resources Director Virginia Clough, Legislative Policy Coordinator Christine Bainbridge, City Clerk INVOCATION: Pastor Mike Szott of Living Hope Community Church gave the invocation PLEDGE OF ALLEGIANCE Council, staff and the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Hattenburg: said he attended the annual Valley Chamber luncheon and that the Chamber does a great job in supporting businesses; he went to the GSI (Greater Spokane, Inc.) annual Economic Forecast and gave some statistics about home vacancy rates in the metro Spokane area; he also noted a large apartment unit will be going in just past the state line heading east which hopefully will alleviate some housing pressure here in Spokane Valley; said the economists agreed that we will be in a recession the first quarter of 2023 but it won't be as bad as expected; he attended the STA (Spokane Transit Authority) Board meeting and said new busses have been ordered; mentioned there are about 700 full time and 30 part-time employees at STA; that the City line opens July 2023 and that project is $14.5 million under budget. Councilmember Woodard: said the HCDAC (Housing and Community Development Advisory Committee) is involved with CDBG (Community Development Block Grant) and HHAA (Homeless Housing and Assistance Act) funding; said he heard a report about housing units and development costs and spoke about the funding allocation process with many nonprofit organizations applying for funding; also that the group came up with a rough draft Plan which will be sent to the Board of County Commissioners. Councilmember Wick: said the Freight Mobility Strategic Investment Board Executive Director will be terminating their position the end of the month; said they are trying to wrap up reports for the legislature and also working to determine how to come up with a priority list; said as a Fairchild AFB Honorary Commander, he extended congratulations to Melonie Rose who graduated through the program; said that Council Meeting Minutes, Formal: 11-22-2022 Page 1 of 4 Approved by Council: DRAFT Visit Spokane reviewed and appreciated staffs input from the hoteliers' decision to not go with Visit Spokane, so they will cleanse their website of all things Spokane Valley related; said he hopes Visit Spokane will still promote those events that are scheduled through the end of the year; mentioned that Ashley Blake is the new Chief Executive Officer replacing Eric Sawyer at the Sports Commission; and also mentioned that the NLC (National League of Cities) elected Mayor Victoria Woodards of Tacoma as its new president. Councilmember Padden: no report. Councilmember Peetz: said as a member of the Girl Scouts Board, she met with and discussed our form of government. Deputy Mayor Higgins: no report. MAYOR'S REPORT In an effort to save her failing voice, she gave no report. PROCLAMATIONS: n/a GENERAL PUBLIC COMMENT OPPORTUNITY 111: After Mayor Haley explained the process, she invited public comment. Ms. Sue Butterfield, Spokane Valley: said she lives on a cul-de-sac and her neighbor parks his cars all the way up the road to her driveway; said he owns a recreational tailer and pickups and the recreational trailer only moves about three times a year and she only has her driveway for parking; said he has also blocked her chain link fence to her backyard; said she has asked him many times to move his trucks and give her access; said the recreational trailer remains on the street in the winter and that when he shovels snow off his driveway he dumps the snow in the middle of the street making it difficult to get out of the cul-de-sac; said she wishes Council would pass a law that recreational vehicles cannot be parked on the street; said there are plenty of storage places available to park those vehicles. Mr. John Harding, Spokane Valley: voiced his concerns about the legislative agenda as it does not address the Governor's authority; also mentioned a situation with the schools. NEW BUSINESS: 1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of Claim Vouchers on Nov. 22, 2022, Request for Council Action Form: $3,870,354.79 b. Approval of Payroll for Pay Period ending November 15, 2022: $475,357.54 c. Approval of Council Meeting Minutes of November 1, 2022, Study Session d. Approval of Council Meeting Minutes of November 8, 2022 Formal Meeting Format e. Approval of Council Meeting Minutes of November 15, 2022 Special Meeting It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the Consent Agenda. 2. First Reading Ordinance 22-024 Amending Petty Cash Process — Chelsie Taylor After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Higgins and seconded to waive the rules and approve Ordinance 22-024. After Finance Director Taylor gave a brief overview, Mayor Haley invited public comments. No comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 3. Resolution 22-021 Adopting Amended Governance Manual — John Hohman It was moved by Deputy Mayor Higgins and seconded to approve Resolution 22-021 amending the Governance Manual. City Manager Hohman explained that this is in follow-up to Council's previous discussion on the Governance Manual, and this is the conclusion after several committee meetings and discussions; and he went over the agreed -upon changes to the Manual. Mr. Hohman stated that it has been suggested to him to not include revisions concerning executive sessions, but rather to discuss that separately at a future meeting, perhaps the January 3 meeting. Mayor Haley invited public comment. Council Meeting Minutes, Formal: 11-22-2022 Page 2 of 4 Approved by Council: DRAFT Mr. John Harding, Spokane Valley: said he has a concern if there is only one opportunity for public comment during a meeting as many times there are other items that citizens want to comment on, and said this appears to be limiting the ability for the public to comment. There were no other public comments. To clarify, Mr. Hohman said that there will be one general comment period at all meetings where citizens can talk about anything, whether or not on the agenda; he said there are also additional opportunities as noted on each agenda, for public comments on those particular action items as Council gets to those on the agenda; and he stated that administrative reports are usually one of the three touches that Council has on a topic. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 4. Motion Consideration: Comprehensive Plan Docket Approval — Chaz Bates It was moved by Deputy Mayor Higgins and seconded to approve the 2023 Comprehensive Plan Amendment Docket as presented. Mr. Bates gave a brief overview of the one item on the Docket, and said that Spokane County would like to retain the zoning of their parcel so that has been removed from the docket. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 5. Motion Consideration: Law Enforcement Contract Renewal — Morgan Koudelka, Erik Lamb It was moved by Deputy Mayor Higgins and seconded to authorize and approve renewal of the Interlocal Agreement for Law Enforcement Services, and authorize the City Manager to finalize and execute the amended Interlocal Agreement for Law Enforcement Services in substantially the form provided. Mr. Lamb went over the highlights of the contract and that we are currently near the end of a five-year agreement; he extended thanks to Sheriff Knezovich and other staff working through these negotiations; said it largely maintains the status quo and provides for the same services as today; he also stated that staff is in the midst of getting a consultant to provide a staffing assessment which is likely to occur in 2023, and once that has been done, staff will bring the assessment to Council to provide any staffing discussion/updates to our law enforcement force, and said that assessment is critical before making any staffing changes. Mr. Lamb also noted the new agreement would be a five-year term with the same two-year termination provision, and once approved, it will be sent to the Board of County Commissioners who will likely approve it before the end of the year. Mayor Haley invited public comments. No comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. GENERAL PUBLIC COMMENT OPPORTUNITY 121: Mayor Haley invited public comment; no comments were offered. ADMINISTRATIVE REPORT: 6. Fire Department Monthly Report — Chief Soto Deputy Fire Chief Zack Bond gave an overview of the Department's monthly activities. 7. Coeur d'Alene Indian Tribe Proposed Franchise — Tony Beattie, Cary Driskell City Attorney Driskell explained the background of this franchise, which is similar to one the Tribe had several years go. There were no objections to staff bringing this forward on a future agenda for an ordinance approval consideration. 8. Advance Agenda — Mayor Haley Councilmember Woodard said he would like to see what can be done to help code enforcement with some unique situations they find themselves in, and would like to have a discussion about that, or add it to a property restoration discussion, and at least four Councilmembers agreed. Mr. Hohman said he would also like to speak with Councilmember Woolard about this topic. 9. Department Monthly Reports The Department Monthly Report was for information only and was not reported or discussed. Council Meeting Minutes, Formal: 11-22-2022 Page 3 of 4 Approved by Council: DRAFT CITY MANAGER COMMENTS City Manager Hohman said that the camera trailer for the Police Department has been ordered and should be in any day; and also that due to the holiday, there will be no Council meeting next week. EXECUTIVE SESSION: [RCW 42.30.110(1)(g)] Review Performance of a public employee It was moved by Deputy Mayor Higgins, seconded and unanimously agreed that Council adjourn into executive session for approximately 60 minutes to review the performance of a public employee, and that no action will be taken upon return to open session. Council adjourned into executive session at 6:55 p.m. At 7:53 p.m. Mayor Haley declared Council out of executive session at which time it was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. ATTEST: Pam Haley, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes, Formal: 11-22-2022 Page 4 of 4 Approved by Council: Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action December 13, 2022 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ® pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Ordinance 22-025 Coeur d'Alene Tribe Franchise. GOVERNING LEGISLATION: RCW 35A.47.040; RCW 35A.11.020; and chapter 35.99 RCW. PREVIOUS COUNCIL ACTION TAKEN: Approval of Ordinance 12-017 on July 10, 2012; Administrative Report November 22, 2022. BACKGROUND: In 2012, Council approved a franchise with the Coeur d'Alene Tribe of Indians for installation and maintenance of fiber optics telecommunications facilities within the boundaries of the City of Spokane Valley. That franchise recently expired, and the Tribe has requested that the City grant it a new franchise on the same or similar terms. The attached draft franchise would accomplish that. There are three minor substantive differences in this draft from Ordinance 12-017, as follows: 1) - Section 4.2, added a new (C) to reflect that if Grantee adds more capacity after having the City go to full market rate for use of dark fiber, then the City's right to access dark fiber is restored under the previous terms. This would put the City back in the position it had been in under 4.2 (A) and (B); 2) Section 20, this is what the City now requires of all Grantees. In short, a grantee cannot abandon its facilities in the ROW, thus transferring the cost of removal from the Grantee to the City and its taxpayers. There are options for delayed removal, but the cost of removal must ultimately be borne by the Grantee; 3) Section 28, the minimum level of insurance is being raised from $1 million per occurrence and $2 million aggregate, to $2 million per occurrence and $2 million aggregate. This reflects what the City's liability provider requests that the City require, and is what the City now requires of all franchisees and nearly every contractor/consultant. There are other minor changes from the prior franchise to this proposed franchise that relate mostly to updating the title of the "Public Works Director" to the "Community and Public Works Director." The Tribe has reviewed this draft and is in agreement with its terms for a new 10-year franchise. Staff recommends approval of the proposed franchise. OPTIONS: (1) Move to advance Ordinance 22-025 to a second reading; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 22-025 to a second reading. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney; Cary Driskell, City Attorney. ATTACHMENTS: Draft Ordinance No. 22-025, a 10-year franchise to the Coeur d'Alene Tribe of Indians to construct and operate fiber optic telecommunications facilities in the City's rights -of -way. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 22-025 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXLUSIVE FRANCHISE TO THE COEUR D'ALENE TRIBE OF INDIANS TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS -OF -WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service"; and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective"; and WHEREAS, this Ordinance has been submitted to the city attorney prior to its passage; and WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: "City Manager" means the City Manager or designee. "Community and Public Works Director" shall mean the Spokane Valley Community and Public Works Director or his/her designee. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 1 of 16 DRAFT "day" shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. "franchise" (sometimes referred to as Ordinance) shall mean the legal document issued by the City which grants rights to Grantee to construct and operate its telecommunication facilities as set forth herein. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. "hazardous substances" shall have the same meaning as RCW 70.105D.020(10). "maintenance, maintaining or maintain" shall mean the work involved in the replacement and/or repair of facilities, including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. "permittee" shall mean a person or entity who has been granted a permit by the Permitting Authority. "permitting authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights -of -way. "product" shall refer to the item, thing or use provided by the Grantee. "public property" shall mean any real estate or any facility owned by the City. "right-of-way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or public way now or hereafter held or administered by the City. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. "telecommunications facilities" shall mean any of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services. The abandonment by Grantee of any telecommunications facilities as defined herein shall not act to remove the same from this definition. Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 2 of 16 DRAFT Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City"), hereby grants unto the Coeur d'Alene Tribe of Indians (hereinafter "Grantee"), a franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across, over, through, along or below the public rights -of -way and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "franchise"). This franchise does not permit Grantee to use such facilities to provide cable services as defined by 47 C.F.R. § 76.5(ff). Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. The following provisions shall apply regarding City use. A. Grantee agrees to reserve to the City the right to access four dark fiber strands (2 pair) along the route identified in Exhibit A as adopted or amended, within the boundaries of the City, for sole and exclusive municipal use or designation (the "City Reserved Fibers"). City agrees that it shall not use the City Reserved Fibers as a public utility provider of telecommunications business service to the public. B. The City shall have the right to access by connection to the City Reserved Fibers at existing Grantee splice points or reasonably established access points within the City limits. The City shall provide at least 30 days written notice of intent to access the City Reserved Fibers. Upon any access or use of the City Reserved Fibers, City shall pay Grantee a recurring monthly charge of $20.00 per fiber pair per mile in use by the City (the "City Fiber Rate") unless otherwise specifically agreed by both the parties in writing and shall enter into Grantee's standard "Fiber License Agreement" which shall govern the terms and conditions for use of the City Reserved Fibers. Said recurring monthly charge shall not be imposed until such time as the fiber is put into use by the City. C. In the event the City Reserved Fibers are the last fibers remaining in Grantee's fiber bundle, then the following shall apply: 1. If the City is using the fibers, then the rate the City shall pay Grantee will change from the City Fiber Rate to Grantee's standard commercial rate. 2. If the City is not using the fibers, the City shall have the option of abandoning the City Reserved Fibers in lieu of paying Grantee's standard commercial rate. 3. If Grantee installs additional fiber capacity, the City's right to use four dark fiber strands as set forth in subsections A and B, immediately above, shall again be in effect. D. The City shall pay all costs associated with constructing any connection to the City Reserved Fibers. The City Reserved Fibers shall have a term that matches the duration of this Franchise Ordinance ("Reserved Fiber Term"). Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 3 of 16 DRAFT E. Consistent with RCW 35.99.070, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights -of -way, the Community and Public Works Director may require Grantee to provide the City with additional duct or conduit and related structures, at incremental cost, necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this section shall only be used for City municipal purposes. 1. The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. 2. This section shall not affect the provision of an institutional network by a cable television provider under federal law. 3. Grantee shall notify the Community and Public Works Director at least 14 days prior to opening a trench at any location to allow the City to exercise its options as provided herein. Section 5. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Section 6. Non -Exclusivity. This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises or permits in any rights -of -way. This and other franchises shall, in no way, prevent or prohibit the City from using any of its rights -of -way or affect its jurisdiction over them or any part of them. Section 7. Non -Interference with Existing Facilities. The City shall have prior and superior right to the use of its rights -of -way and public properties for installation and maintenance of its facilities and other governmental purposes. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights -of -way, streets, avenues, thoroughfares and other public properties of every type and description. Any and all such removal or replacement shall be at the sole expense of the Grantee, unless RCW 35.99.060 provides otherwise. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by the date established by the Community and Public Works Director's written notice to Grantee and in accordance with RCW 35.99.060, the City may cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the telecommunications facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 4 of 16 DRAFT Grantee's telecommunications facilities shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights -of -way by or under the City's authority. If the work done under this franchise damages or interferes in any way with the public use or other facilities, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the satisfaction of the Community and Public Works Director. Section 8. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Application of said federal, state, and City Codes and regulations shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its telecommunications facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this franchise, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's telecommunications facilities or safety thereof. Joint users will be required to contribute to the costs of excavation and filling on a pro-rata basis. Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 10. Tree Trimming. The Grantee shall have the authority to conduct pruning and trimming for access to Grantee's telecommunications facilities in the rights -of -way subject to compliance with the City Code. All such trimming shall be done at the Grantee's sole cost and expense. Section 11. Emergency Response. The Grantee shall, within 30 days of the execution of this franchise, designate one or more responsible people and an emergency 24-hour on -call personnel and the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate with the City to immediately respond with action to aid in the protection the health and safety of the public. In the event the Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 12. One -Call System. Pursuant to chapter 19.122 RCW, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One -Call statutes. Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 5 of 16 DRAFT Section 13. Safety. All of Grantee's telecommunications facilities in the rights -of -way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the telecommunications facilities. Section 14. Movement of Grantee's Telecommunications Facilities for Others. Whenever any third party shall have obtained permission from the City to use any right—of-way for the purpose of moving any building or other oversized structure, Grantee, upon at least 14 days' written notice from the City, shall move, at the expense of the third party desiring to move the building or structure, any of Grantee's telecommunications facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's telecommunications facilities, as determined by the City. Upon good cause shown by Grantee, the City may require more than 14 days' notice to Grantee to move its telecommunications facilities. Section 15. Acquiring New Telecommunications Facilities. Upon Grantee's acquisition of any new telecommunications facilities in the rights -of -way, or upon any addition or annexation to the City of any area in which Grantee retains any such telecommunications facilities in the rights -of -way, the Grantee shall submit to the City a written statement describing all telecommunications facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this franchise. Section 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of telecommunications facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of the adjoining right-of-way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to the City for all costs and expenses thereof to the extent caused by Grantee. Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and local laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's telecommunications facilities in the rights —of -way. Grantee agrees to indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its telecommunications facilities within the City's right-of-way. Section 18. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 6 of 16 DRAFT promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the franchise or subsequent to its termination. Section 19. Relocation of Telecommunications Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its telecommunications facilities when so required by the City in accordance with the provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of its telecommunications facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then- existing telecommunications facilities, the City shall: A. At least 60 days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and B. Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's telecommunications facilities so that Grantee may relocate its telecommunications facilities in other City rights -of -way in order to accommodate such improvement project. C. After receipt of such notice and such plans and specification, Grantee shall complete relocation of its telecommunications facilities at no charge or expense to the City in order to accommodate the improvement project in accordance with RCW 35.99.060(2). Grantee may, after receipt of written notice requesting a relocation of its telecommunications facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the telecommunications facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this section. The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its telecommunications facilities by any person or entity other than the City, where the telecommunications facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 7 of 16 DRAFT If the City or a contractor for the City is delayed at any time in the progress of the work by an act or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees to the extent arising out of or in connection with such delays, except for delays and damages caused by the City. This provision may not be waived by the parties except in writing. Section 20. Abandonment of Grantee's Telecommunications Facilities. A. Underground facilities: Grantee shall remove any facilities which have not been used to provide telecommunications services for a period of at least 90 days when: (a) a City project involves digging that will encounter the abandoned facility; (b) the abandoned facility poses a hazard to the health, safety, or welfare of the public; (c) the abandoned facility is 24 inches or less below the surface of the rights -of -way and the City is reconstructing or resurfacing a street over the rights -of -way; or (d) the abandoned facility has collapsed, broke, or otherwise failed. Grantee may, upon written approval by the City, delay removal of the abandoned facility until such time as the City commences a construction project in the rights -of -way unless (b) or (d) above applies. When (b) or (d) applies, Grantee shall remove the abandoned facility from the rights -of -way as soon as weather conditions allow, unless the City expressly allows otherwise in writing. B. Aboveground facilities: Grantee shall remove any facilities which have not been used to provide telecommunications services for a period of at least 90 days. C. The expense of the removal, and restoration of improvements in the rights -of -way that were damaged by the facility or by the removal process, shall be the sole responsibility of the Grantee. If Grantee fails to remove the abandoned facilities in accordance with the above, then the City may incur costs to remove the abandoned facilities and restore the rights -of -way, and is entitled to reimbursement from Grantee for such costs, including reasonable attorney's fees and costs. Section 21. Maps and Records Required. Grantee shall provide the City, at no cost to the City: A. A route map that depicts the general location of the Grantee's telecommunications facilities placed in the rights -of -way. The route map shall identify telecommunications facilities as aerial or underground and is not required to depict cable types, number of fibers or cables, electronic equipment, and service lines to individual subscribers. The Grantee shall also provide an electronic format of the aerial/underground telecommunications facilities in relation to the right-of-way centerline reference to allow the City to add this information to the City's Geographic Information System ("GIS") program. The information in this subsection shall be delivered to the City by December 1, annually. B. In addition to subsection A of this section, the City may request that Grantee provide the information described in subsection A of this section as needed for specific projects to avoid harm to Grantee's facilities. To the extent such requests are limited to specific telecommunications facilities at a given location within the franchise area in connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 8 of 16 DRAFT telecommunications facilities. Grantee shall field locate its telecommunications facilities in order to facilitate design and planning of City improvement projects. C. Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its telecommunications facilities within the franchise area; provided, however, any such plan so submitted shall be deemed confidential and for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the franchise area. D. In addition to the requirements of subsection A of this section, the parties agree to periodically share GIS files upon written request, provided Grantee's GIS files are to be used solely by the City for governmental purposes. Any files provided to Grantee shall be restricted to information required for Grantee's engineering needs for construction or maintenance of telecommunications facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. E. Public Disclosure Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in chapter 42.56 RCW. Grantee shall mark as "PROPRIETARY/CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to timely provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "PROPRIETARY/CONFIDENTIAL" prior to allowing any inspection and/or copying as well as provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non -disclosure of the requested documentation/information. In the event the City disagrees with the Grantee's basis for non -disclosure, the City agrees to withhold release of the requested documentation/information in dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action under RCW 42.56.540. Section 22. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street except as set forth in the City's then -adopted regulations relating to street cuts and excavations. Section 23. Reservation of Rights by City. The City reserves the right to refuse any request for a permit to extend telecommunications facilities. Any such refusal shall be supported by a written statement from the Community and Public Works Director that extending the telecommunications facilities, as proposed, would interfere with the public health, safety, or welfare. Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 9 of 16 DRAFT the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any telecommunications facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the Municipal Code and this franchise, City Code shall control. Section 26. Vacation. The City may vacate any City road, right-of-way, or other City property which is subject to rights granted by this franchise in accordance with state and local law. Any relocation of telecommunications facilities resulting from a street vacation shall require a minimum of 180 days notice as provided for in section 37. Section 27. Indemnification. A. Grantee hereby covenants not to bring suit and agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness, or death of any person or damage to property of any nature whatsoever relating to or arising out of this franchise agreement; except for injuries and damages caused solely by the negligence of the City. This includes but is not limited to injury: 1. For which the negligent acts or omissions of grantee, its agents, servants, officers or employees in performing the activities authorized by a franchise are the proximate cause; 2. By virtue of grantee's exercise of the rights granted herein; 3. By virtue of the City permitting grantee's use of the City's rights -of -ways or other public property; 4. Based upon the City's inspection or lack of inspection of work performed by grantee, its agents and servants, officers or employees in connection with work authorized on the facility or property over which the City has control, pursuant to a franchise or pursuant to any other permit or approval issued in connection with a franchise; 5. Arising as a result of the negligent acts or omissions of grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction or work upon the facility, in any right- of-way, or other public place in performance of work or services permitted under a franchise; or 6. Based upon radio frequency emissions or radiation emitted from grantee's equipment located upon the facility, regardless of whether grantee's equipment complies with applicable federal statutes and/or FCC regulations related thereto. B. Grantee's indemnification obligations pursuant to subsection A of this section shall include assuming liability for actions brought by grantee's own employees and the employees of grantee's agents, representatives, contractors and subcontractors even though grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It is expressly Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 10 of 16 DRAFT agreed and understood that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue of grantee's exercise of the rights set forth in a franchise. The obligations of grantee under this subsection have been mutually negotiated by the parties, and grantee acknowledges that the City would not enter into a franchise without grantee's waiver. To the extent required to provide this indemnification and this indemnification only, grantee waives its immunity under RCW Title 51. C. Inspection or acceptance by the City of any work performed by grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided, that grantee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. The City has the right to defend or participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. D. In the event that grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of grantee, then grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorneys' fees, the reasonable costs of the City, and reasonable attorneys' fees of recovering under this subsection. E. Grantee's duty to defend, indemnify and hold harmless City against liability for damages caused by the concurrent negligence of (a) City or City's agents, employees, or contractors, and (b) Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or Grantee's agents, employees, or contractors. In the event that a court of competent jurisdiction determines that a franchise is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided herein. F. Notwithstanding any other provisions of this section, grantee assumes the risk of damage to its telecommunication facilities located in the rights -of -way and upon City -owned property from activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from any willful or malicious action or gross negligence on the part of the City, its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Grantee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of grantee's facilities as the result of any interruption of service due to damage or destruction of grantee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. G. The provisions of this section shall survive the expiration, revocation or termination of this franchise. Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 11 of 16 DRAFT Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Applicant's maintenance of insurance as required by this franchise shall not be construed to limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all owned, non -owned, hired or leased vehicles used in relation to this franchise. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and B. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01, or a substitute form providing equivalent liability coverage acceptable to the City, and shall cover products liability. The City shall be a named as an insured under the Applicant's Commercial General Liability insurance policy using ISO Additional Insured -State or Political Subdivisions -Permits CG 20 12 or a substitute endorsement acceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no less than $2,000,000 Combined Single Limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Grantee's insurance coverage shall be primary insurance with respect to the City as outlined in the Indemnification section of this franchise. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee's insurance and shall not contribute with it. 2. The Grantee's insurance shall be endorsed to state that coverage shall not be cancelled, except after 30 days prior written notice has been given to the City. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Grantee shall furnish the City with original certificates and a copy of any amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Grantee prior to the adoption of this Ordinance. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 12 of 16 DRAFT by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City, in the amount of $25,000, as sufficient to ensure performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee proposes to construct a project for which the above -mentioned bond would not ensure performance of Grantee's obligations under this franchise, the City is entitled to require such larger bond as may be appropriate under the circumstances. Section 30. Modification. The City and Grantee hereby reserve the right to alter, amend, or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this franchise, and an adequate opportunity to cure the violation or non-compliance has been given in writing to Grantee, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 32. Assignment. This franchise may not be assigned or transferred without the written approval of the City, except that Grantee can assign this franchise without approval of, but upon notice to the City to, any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation, or otherwise. Section 33. Acceptance. Not later than 60 days after passage of this Ordinance, the Grantee must accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60-day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 8, 13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges, as well as all obligations and liabilities of Grantee shall inure to their respective heirs, successors and assigns equally as if they Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 13 of 16 DRAFT were specifically mentioned herein. Section 35. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Section 36. Renewal. Application for extension or renewal of the term of this franchise shall be made no later than 180 days of the expiration thereof. In the event the time period granted by this franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated by the City. Section 37. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise may be sent to the following addresses unless otherwise specified, in writing: The City: Grantee: City of Spokane Valley Attn: City Clerk 10210 East Sprague Spokane Valley, WA 99206 Coeur d'Alene Tribe of Indians Attn: IT Director 850 A Street Plummer, ID 83851 Phone: (208) 659-4578 Facsimile: (208) 686-5059 Section 38. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 39. Non -Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 40. Entire Agreement. This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads as herein described. Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 14 of 16 DRAFT Section 41. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of 20. ATTEST: Pam Haley, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 15 of 16 DRAFT Accepted by Coeur d'Alene Tribe of Indians: By: The Grantee, Coeur d'Alene Tribe of Indians, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, has signed this day of , 2022. Subscribed and sworn before me this day of , 202 Notary Public in and for the State of residing in My commission expires Ordinance 22-025, Coeur d'Alene Tribe Franchise Page 16 of 16 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 13, 2022 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 Resolution #22-023 amending the Master Fee Schedule for 2023. GOVERNING LEGISLATION: The Master Fee Schedule setting 2022 fees was amended via Resolution #22-009 which was adopted by the City Council on May 31, 2022. PREVIOUS COUNCIL ACTION TAKEN: On December 6, 2022, Council considered an Administrative Report on the proposed resolution establishing 2023 fees. No formal action has been taken to date. Revenues generated by the fee resolution in 2023 Budget account for: • $3,805,600 or 6.75% of total General Fund recurring revenues of $56,418,900. • $1,951,000 or 99.9% of total Stormwater Management Fund recurring revenues of $1,953,000. BACKGROUND: Part of the annual operating budget development process involves City Departments reviewing the Master Fee Schedule that is currently in place and determining whether changes in the fees charged and/or language used in the governing resolution should be altered. Recommended changes to the fee schedule are as follows: • Under Schedule A — Planning — The Community and Public Works Department is proposing fees increase by the automatic increase implemented in 2021. This increase is the lesser of 80% of the change from September to September of the Consumer Price Index for All Urban Consumers (CPI-U), West Region, or 4%. The actual CPI increase as of September 2022 was 8.30%, and 80% of that was 6.64%, meaning that the automatic increase for 2023 was calculated at 4%. The 4% increase did not affect any fees of $12 or less. • Under Schedule B — Building - The Community and Public Works Department is proposing fees increase by the automatic increase implemented in 2021, as described above under Schedule A. The automatic increase was not implemented for the Building Permit Fees or Stormwater Utility Charges as those are adjusted under a separate process. Additional changes under Schedule B are as follows: o Change the language under Other Permits to Manufactured Home instead of Factory Assembled Structure and added Permit or Application Expiration Extension fee of $66. o Stormwater Utility Fee increased to $58 annually based on Council action on November 9, 2022. An annual automatic increase based on CPI was also approved at that time and this language was added to the automatic increase language at the beginning of Schedule B. • Under Schedule C — Parks and Recreation — The Parks and Recreation Department is proposing some changes to the fee schedule to clarify and simplify various fees related to Aquatics and CenterPlace. • Aquatics — increase swim team fee from $60 to $75 to aid in cost recovery of the program. • CenterPlace o Simplify Auditorium fees by combining categories. o Increase meeting room deposit fees from $52 to $75 to provide additional security for our assets and to align with the damage deposit we collect for park shelter reservations. o Added an Outdoor Venue Damage Deposit Fee of $500. o Cleanup fee renamed Self -catered event fee and revised to reference the room location instead of group size as follows: Meeting Rooms at $52; Fireside Lounge at $210; Great Room at $500. o Bluetooth Speaker fee of $75 added for use of new equipment purchased for CenterPlace to offer groups. • Under Schedule D — Administration — minimum copy fee increased from $1 to $5. • Any other changes are minor for clarification or grammar. OPTIONS: Move to approve the updated fee resolution changes as presented this evening, with or without further modifications. RECOMMENDED ACTION OR MOTION: Move to approve Resolution #22-023, repealing and replacing Resolution #22-009, and approving the Master Fee Schedule for 2023. BUDGET/FINANCIAL IMPACTS: The proposed changes are not expected to have a significant impact on 2023 General Fund revenues. Stormwater Utility Fees in the Stormwater Fund #402 are anticipated to increase from about $1.9 million to an estimated $5.6 million. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: • Resolution #22-023 — clean copy and redlined version. • Memo from the Community and Public Works Department that provides a detailed description and rationale for the proposed fee changes. • Memo from the Engineering Department that provides a detailed description and rationale for Stormwater Utility Fee changes. • Memo from the Parks and Recreation Department that provides a detailed description and rationale for proposed fee changes. • Memo from the City Clerk's Office that provides a detailed description and rationale for proposed fee changes. • Consumer Price Index, West Region — September 2022 News Release from October 13, 2022. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 22-023 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING RESOLUTION 22-009, AND APPROVING THE 2023 MASTER FEE SCHEDULE, AND OTHER MATTERS RELATING THERETO. WHEREAS, it is the general policy of the City to establish fees that are reflective of the cost of services provided by the City; and WHEREAS, the City uses a resolution to establish the schedule of fees for City programs, permits and services, and periodically the fee resolution and fee schedule must be amended to incorporate new or modified services; and WHEREAS, Council desires to approve the resolution and accompanying fee schedule. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Adoption. The Master Fee Schedule is hereby adopted as provided herein and as shown and incorporated in the attached schedules. Section 2. Repeal. Resolution 22-009 is hereby repealed in its entirety. Section 3. Effective Date. This Resolution shall be in full force and effect January 1, 2023. Approved this day of December, 2022. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Pam Haley, Mayor Approved as to form: Office of the City Attorney Resolution 22-023 Fee Schedule for 2023 Page 1 of 18 D RAFT MASTER FEE SCHEDULE Fee Schedule Page No. Schedule A: Planning 3 Schedule B: Building/Engineering 5 Schedule C: Parks and Recreation 11 Schedule D: Administrative 14 Schedule E: Other Fees 15 Schedule F: Police Fees 15 Schedule G: Transportation Impact Fees 16 Resolution 22-023 Fee Schedule for 2023 Page 2 of 18 DRAFT MASTER FEE SCHEDULE Schedule A — Planning Automatic Annual Adjustment Unless otherwise specifically amended, Schedule A of this Master Fee Schedule shall be reviewed and automatically adjusted annually to reflect (80%) of any change from September to September of the Consumer Price Index for All Urban Consumers (CPI-U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics, or other comparable index if not published. In no event shall the cumulative change in rates or charges be more than four percent (4%) per year. Unit prices shall be rounded to the nearest dollar. The automatic adjustment shall be effective January 1 of each year. No other fee schedules shall be affected by such automatic adjustment. AMENDMENTS Comprehensive Plan Amendment Zoning or other code text amendment APPEALS Appeal of Administrative Decision Appeal of Hearing Examiner Findings Transcript/record deposit on Appeals of Hearing Examiner Decisions Appeal of Administrative Decision - Code Enforcement Final Decision pursuant to chapter 17.100 SVMC ENVIRONMENTAL REVIEW STATE ENVIRONMENTAL POLICY ACT (SEPA) Single Dwelling (when required) All other developments Environmental Impact Statement (EIS) Review, minimum deposit Addenda of existing EIS Review SHORELINE Substantial Development Permit - under $50K Substantial Development Permit - over $50K Shoreline Exemption CRITICAL AREAS Floodplain Permit not associated with a subdivision Floodplain Permit associated with a subdivision LAND USE ACTIONS SUBDIVISIONS Preliminary plat Final Plat Time extensions — file review and letter FEE AMOUNT $ 2,704.00 $ 2,704.00 $ 811.00 $ 1,082.00 $ 170.00 $ 541.00 unless otherwise waived pursuant to SVMC 17.110 $ 303.00 $ 379.00 $ 2,380.00 $379.00 $ 1,082.00 $ 1,731.00 $ 649.00 $ 541.00 $ 541.00 + $ 56.00 per lot $ 2704.00 + $ 44.00 per lot $1540.00 + $10.00 per lot $ 541.00 Resolution 22-023 Fee Schedule for 2023 Page 3 of 18 DRAFT SHORT PLATS Preliminary 2 to 4 lots Final plat 2 to 4 lots Preliminary plat 5 to 9 lots Final plat 5 to 9 lots Time extensions — file review and letter PLAT ALTERATION Subdivision plat Short plat PLAT VACATION BINDING SITE PLAN Binding site plan alteration Change of Conditions Preliminary binding site plan Creating lots within final binding site plan via Record of Survey Final Binding Site Plan AGGREGATION/SEGREGATION Lot line adjustment Lot line elimination Zero lot line OTHER PLANNING Administrative Exception Variance Administrative Interpretations Home Occupation Permit Accessory Dwelling Units (ADU) Conditional Use Permit Temporary Use Permit Small Cell Permit Application Hourly Rate for City Employees Document Recording Service by Staff Street Vacation Application Pre -application Meetings *Fee shall be deducted from land use $ 2,163.00 $ 1,298.00 $ 2,163.00 + $ 27.00 per lot $ 1,406.00 + $ 27.00 per lot $ 541.00 $ 1,298.00 $ 811.00 $ 1,594.00 $ 2,163.00 $ 2,163.00 $ 2,163.00 $ 1,622.00 $ 2,163.00 $ 270.00 $ 216.00 $ 216.00 + $ 10.00 per lot $ 541.00 $ 1,704.00 $ 379.00 $ 108.00 $ 324.00 $ 1,731.00 $ 541.00 $ 541.00 for up to five sites + $ 108.00 per additional site $ 66.00 Hourly $ 1,477.00 $ 270.00* application, building or commercial permit fees when application is filed within one year of pre -application meeting. ZONING map amendments (rezone)* Planned residential development plan Planned residential development modification Zoning letter *If rezone is combined with other action(s), cost of other action(s) is additional $ 3,786.00 $ 2,163.00 + $28.00 per lot $ 568.00 $ 227.00 Resolution 22-023 Fee Schedule for 2023 Page 4 of 18 DRAFT Schedule B — Building Automatic Annual Adjustment Unless otherwise specifically amended, Schedule B of this Master Fee Schedule shall be reviewed and automatically adjusted annually to reflect (80%) of any change from September to September of the Consumer Price Index for All Urban Consumers (CPI-U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics, or other comparable index if not published. In no event shall the cumulative change in rates or charges be more than four percent (4%) per year. Unit prices shall be rounded to the nearest dollar. The automatic adjustment shall be effective January 1 of each year. Stormwater Utility Charges on Developed Parcels shall be reviewed and automatically adjusted annually to reflect any change from September to September of the Consumer Price Index for All Urban Consumers (CPI- U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics, or other comparable index if not published. In no event shall the cumulative change in rates or charges be more than four percent (4%) per year. Unit prices shall be rounded to the nearest dollar. The automatic adjustment shall be effective January 1 of each year. Building permit fees shall not be included in the annual automatic adjustment because updates occur semi- annually through the International Code Council (ICC) published updates. No other fee schedules shall be affected by such automatic adjustment. Fee Payment Plan review fees are collected at the time of application. Such fees may be adjusted during plan review. Overages or under payments shall be appropriately adjusted at the time of permit issuance. Plan review fees are separate from and additional to building permit fees. Permit fees and any other unpaid fees shall be collected prior to issuance of the permit. Fees for outside professional services required during the permit process shall be paid by the applicant. Examples of outside professional services include review by contract reviewers, special inspection or construction services, consultant services for special topics, surveying or other services required to determine compliance with applicable codes. Fee Refund Policy. Refunds authorized under this policy apply only to Schedule B. PLAN REVIEW FEES • Plan review fees are non-refundable once any plan review work has been started. • Paid plan review fees may be refunded when an eligible request is received in writing. • At a minimum, a $ 66.00 administrative fee shall be retained. • If the paid plan review fee is less than $ 66.00, no refund is authorized. • If the paid plan review fee is more than $ 66.00, the amount for refund shall be calculated at the rate of 100% of the paid plan review fee minus $ 66.00. PERMIT FEES • Permit fees are non-refundable once work authorized by the permit has begun. • Paid permit fees may be refunded when an eligible request is received in writing. • At a minimum, a $ 66.00 administrative fee will be retained when fees are refunded. • If the paid permit fee is less than $ 66.00, no refund is authorized. • If the paid permit fee is more than $ 66.00, the refund shall be calculated at the rate of 95% of the paid permit fee minus $ 66.00. For any application taken or permit issued in error, a full refund of fees paid shall be made. No portion of the paid fees shall be retained. Resolution 22-023 Fee Schedule for 2023 Page 5 of 18 DRAFT FEES GENERAL Hourly Rate for City Employees Overtime rate for City Employees (1.5 times regular rate) Investigation fee: Work commenced without required permits Working beyond the scope of work Replacement of lost permit documents $ 66.00 $ 99.00 Equal to permit fee $ 162.00 Hourly rate; 1 hour minimum Revisions to plans requested by the applicant or permit holder shall be charged the hourly rate with a minimum of one hour. Revised plans submitted in response to reviewer correction letters are not subject to the hourly assessment. Washington State Building Code Council Surcharge (WSBCC) — see the Washington State Building Code Council website for fees. BUILDING PERMIT: Building permit fees for each project are set by the following fees. The figures below shall be used to determine the building permit fees and plans check fees based on the value of the construction work as stated by the applicant or the value calculated by the Building Official using the latest valuation data published in the Building Safety Journal by the International Code Council, whichever value is greater. Valuations not listed in the Building Safety Journal: Building Type Residential garages/storage buildings (wood frame) Residential garages (masonry) Miscellaneous residential pole buildings Residential carports, decks, porches Valuation Per Square Foot $ 21.00 $ 24.00 $ 21.00 $ 17.00 Building Permit Fee Calculation Total Valuation Building Permit Fee $1.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 Resolution 22-023 Fee Schedule for 2023 $69.25 for first $2,000.00 + $14.00 for each additional $1,000.00 (or fraction thereof) Up to and including $25,000.00 $391.25 for first $25,000 + $10.10 for each additional $1,000.00 (or fraction thereof) Up to and including $50,000.00 $643.75 for first $50,000.00 + $7.00 for each additional $1,000.00 (or fraction thereof) Up to and including $100,000.00 $993.75 for first $100,000 + $5.60 for each additional $1,000.00 (or fraction thereof) Up to and including $500,000.00 $3,233.75 for first $500,000.00 + $4.75 for each additional $1,000.00 (or fraction thereof) Up to and including $1,000,000.00 Page 6 of 18 D RAFT $1,000,001 and up $5,608.75 for first $1,000,000.00 + $3.15 for each additional $1,000.00 (or fraction thereof) Plan Review Fee Calculation % of Building Permit Fee Plans review fee (general) 65% Plans review fee — Group R-3 occupancies (single family less than 7,999 sq. ft.) 40% Plans review fee — Group R-3 occupancies (single family 8,000 sq. ft. or more) 65% Plans review fee — Group U occupancies (sheds, barns, et.) 25% OTHER PERMITS: SITE PLAN REVIEW New Residential Home Site Plan Review Residential Accessory Structure Site Plan Review Commercial Site Plan Review DEMOLITION PERMIT Single Family Residence Commercial Building Garage or accessory building associated with residence or commercial building $ 324.00 $ 86.00 $ 595.00 $ 50.00 flat fee $ 141.00 flat fee $ 23.00 flat fee Foundation Only Building Permit: 25% of building permit fee Swimming Pools, over 2 feet in depth $ 66.00+ plumbing fees Re -roof (no plan review charge unless submitted for review) Based on Project Valuation Change of Use or Occupancy Classification Permit Hourly TEMPORARY CERTIFICATE OF OCCUPANCY Commercial or Multifamily Building Residential Building $ 216.00 $ 162.00 Manufactured Home (FAS) Placement Permit $ 54.00 per section Permit or Application Expiration Extension $66.00 Towers, elevated tanks, antennas Hourly SIGN PERMIT: Sign Permits are subject to the assessment of the WSBCC fee as noted in Schedule B "General" section and the following review fees. Sign Plan Review Fee $ 92.00 Wall Sign Permit $ 81.00 per sign (flat fee) Freestanding or Monument Sign Permit $ 108.00 per sign (flat fee) Resolution 22-023 Fee Schedule for 2023 Page 7 of 18 DRAFT RIGHT-OF-WAY (ROW) PERMIT: A traffic plan and traffic plan review is required if more than 50% of the width of any street is closed or if a single arterial lane is closed. A minimum plan review fee of $63.00 (hourly rate for City employees) applies to all right-of-way permits that require a traffic plan. If additional staff time is required, it shall be charged at the hourly rate. Fees for outside professional services required during the permit process shall be paid by the applicant. Examples of outside professional services include review by contract reviewers, special inspection or construction services, consultant services for special topics, surveying or other services required to determine compliance with applicable codes. TYPES OF ROW Non -cut obstruction without clean up Non -cut obstruction with clean up Pavement cut obstruction, non -winter Pavement cut obstruction, winter Working without a permit Commercial Approach Permit Residential Approach Permit Multiple Use Permit — overhead Multiple Use Permit — underground Erosion/Sediment Control — Site Inspection Oversized Load Permit Fee Structure Transport Permit ENGINEERING PERMITS GRADING PERMIT: 100 cubic yards (cu yd) or less 101 to 1,000 cubic yards 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 to 200,000 cubic yards 200,000 or more cubic yards GRADING PLAN REVIEW FEE: $ 79.00 $ 119.00 $ 216.00 $ 227.00 100% Permit Fee $ 81.00 $ 76.00 $ 119.00 per 1/4 mile $ 703.00 per 1/4 mile $ 108.00 $ 81.00 $ 162.00 per section $ 27.00 $ 27.00 for first 100 cu yd. + $7.00 each additional 100 cu yd $ 135.00 for first 1,000 cu yd + $10.00 each additional 1,000 cu yd $ 243.00 for first 10,000 cu yd+ $ 37.00 each additional 10,000 cu yd $ 568.00 for first 100,000 cu yd + $ 27.00 each additional 10,000 cu yd $ 676.00 for first 200,000 cu yd + $ 27.00 for each additional 10,000 cu yd 100 cubic yards (cu yd) or less $ 22.00 101 to 1,000 $ 27.00 1,001 to 10,000 $ 37.00 Resolution 22-023 Fee Schedule for 2023 Page 8 of 18 DRAFT 10,001 to 100,000 100,001 to 200,000 200,001 or more Grubbing & Clearing Only (without earth being moved) Paving Permit (greater than 5,000 sq. ft. - new paving only) $ 37.00 for first 10,000 cu yd + $ 27.00 each additional 10,000 cu yd $ 189.00 for first 100,000 cu yd + $ 27.00 for each additional 10,000 cu yd $ 676.00 for first 200, 000 cu yd + $ 27.00 for each additional 10,000 cu yd $ 74.00 $ 285.00 OTHER ENGINEERING Design Deviation $ 162.00 STORMWATER UTILITY CHARGE ON DEVELOPED PARCELS: Each single-family unit $58.00 annual All other properties each $58.00 per 3,160 sq. ft impervious surface MECHANICAL PERMIT: Plan review fees for mechanical permits shall be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees shall be collected when the permit is issued. Mechanical Permit Fees A. BASIC FEES 1. Basic fee for issuing each Stand -Alone permit 2. Basic fee for each Supplemental permit B. UNIT FEES (in addition to the basic fee) 1. Installation or relocation of Furnaces and suspended heaters a. up to and including 100,000 btu b. over 100,000 btu 2. Duct work system 3. Heat pump and air conditioner a. 0 to 3 tons b. over 3 tons to 15 tons c. over 15 tons to 30 tons d. over 30 tons to 50 tons e. over 50 tons 4. Gas water heater 5. Gas piping system 6. Gas log, fireplace, and gas insert installation 7. Appliance vents installation; relocation; replacement 8. Boilers, compressors, and absorption systems a. 0 to 3 hp - 100,000 btu or less b. over 3 to 15 hp - 100,001 to 500,000 btu c. over 15 - 30 hp - 500,001 to 1,000,000 btu d. over 30 hp - 1,000,001 to 1,750,000 btu e. over 50 hp - over 1,750,000 btu 9. Air Handlers a. each unit up to 10,000 cfm, including ducts b. each unit over 10,000 cfm $ 40.00 $ 8.00 $ 15.00 $ 18.00 $ 11.00 $ 15.00 $ 23.00 $ 28.00 $ 40.00 $ 69.00 $ 11.00 $1.00 per outlet $ 11.00 $ 10.00 each $ 15.00 $ 23.00 $ 28.00 $ 40.00 $ 69.00 $ 15.00 $ 18.00 Resolution 22-023 Fee Schedule for 2023 Page 9 of 18 DRAFT 10. Evaporative Coolers (other than portable) 11. Ventilation and Exhausts a. each fan connected to a single duct b. each ventilation system c. each hood served by mechanical exhaust 12. Incinerators a. residential installation or relocation b. commercial installation or relocation 13. Unlisted appliances a. under 400,000 btu b. 400,000 btu or over 14. Hood a. Type I b. Type II 15. LP Storage Tank 16. Wood or Pellet Stove insert 17. Wood stove system - free standing $ 11.00 $ 11.00 $ 15.00 $ 15.00 $ 23.00 $ 25.00 $ 56.00 $ 113.00 $ 56.00 $ 11.00 $ 11.00 $ 11.00 $ 28.00 PLUMBING PERMIT: Plan review fees for plumbing permits shall be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees shall be collected when the permit is issued. A. BASIC FEES 1. Basic fee for issuing each Stand -Alone permit $ 40.00 2. Basic fee for each Supplemental permit $ 8.00 B. UNIT FEES (in addition to the basic fee) 1. Each plumbing fixture on a trap $ 6.00 each (includes garbage disposals, dishwashers, backflow device, drainage, hot tubs, built-in water softener, water closets, lavatories, sinks, drains, etc.) 2. Water Heater $ 6.00 each 3. Industrial waste pretreatment interceptor $ 18.00 (includes its trap and vent, except kitchen type grease interceptors functioning as fixture traps.) 4. Repair or alteration of water piping, drainage or vent piping $ 6.00 each fixture 5. Atmospheric type vacuum breaker $ 6.00 each 6. Backflow protective device other than atmospheric type vacuum breakers $ 6.00 each 7. Medical gas $ 6.00 per outlet 8. Interceptors $ 6.00 each Resolution 22-023 Fee Schedule for 2023 Page 10 of 18 DRAFT Schedule C — Parks and Recreation ADMINISTRATIVE FEES Basic fees to be considered when applying rates Administrative Fee Refuse Fee $32.00 $52.00 AQUATICS Pool admission (age 5 and under) free Pool admission (age older than 5) $1.00 Pool punch pass (25 swims) $20.00 Weekend family discount — 1 child under 13 free with paying adult At the discretion of the City Manager, the Parks and Recreation Department may on occasion offer free admission open swim days. Swimming Lessons $40.00 Swim Team Fee $75.00 Pool Rental (fewer than 100 people) $300.00 for 2-hr rental Pool Rental (101-200 people) $400.00 for 2-hr rental Refundable Pool Damage Deposit $150.00 ALCOHOLIC BEVERAGE PERMIT $10.00 CENTERPLACE Conference Center Wing Auditorium (presentation system included) $79.00 per hour Auditorium (presentation system included) $475.00 per day Auditorium (presentation system included) $236.00 per half day Auditorium Refundable Damage Deposit $75.00 Executive Conference Room $52.00 per hour Executive Conference Room 1/2 day $156 per 4 hours Executive Conference Room full day rental $416 per day Executive Conference Room Refundable Damage Deposit $75.00 Meeting Room (day and evening use) $42.00 per hour Meeting Room $263.00 per day Large Meeting Room $75.00 per hour Large Meeting Room $225.00 per half day Large Meeting Room $450.00 per 9 hr. day Meeting Room $131.00 per half day Meeting Room Refundable Damage Deposit $75.00 Portable Sound System $150.00 per event Bluetooth Speaker (includes hand-held or lapel microphone) $75.00 Platinum Package $500.00 per event Great Room Multi-use/Banquet Hall Multi-use/Banquet Hall - Wedding Ceremony - 2 hours $105.00 per hour $500.00 Resolution 22-023 Fee Schedule for 2023 Page 11 of 18 DRAFT Multi-use/Banquet Hall — Wedding Reception — 10 hours Multi-use/Banquet Hall Multi-use/Banquet Hall Small Dining Area Refundable Deposit Refundable Deposit — Weddings Table Settings (linens and tableware) Pipe & Drape rental Senior Center Wing Lounge with Dance Floor Lounge with Dance Floor — Wedding Ceremony — 2 hours Lounge with Dance Floor — Wedding Reception — 6 hours Refundable Lounge deposit Refundable Lounge deposit — Weddings Meeting room (evening use) Meeting room (evening use) Meeting room (weekend use) Meeting room (weekend use) Meeting room deposit West Lawn and CenterPlace Rental fee West Lawn Wedding Ceremony - 2 hours (with CenterPlace Reception) West Lawn Plaza Rental - North Meadow North Meadow Rental West Lawn Plaza Rental - 1/2 day - North Meadow North Meadow Rental —1/2 Day Outdoor Venue Refundable Damage Deposit Miscellaneous Self -Catered Event fee for groups bringing their own food in on Sundays • Groups in meeting rooms • Groups in Fireside Lounge • Groups in Great Room Host/Hostess (after hours) Presentation System (includes projector, podium, DVD/VCR sound system, camera system) Room Setup Satellite Video Conferencing Sound System Additional Microphones Technical Support LCD Projector/ Television LCD Projector/ Television Linens Only Wine glass only rental Conference Phone Easel Paper Pad Laptop Usage $1,310.00 $840.00 per 9 hr session $1,575.00 all day (6 a.m.-1 a.m.) $52.00 per hour $210.00 $500.00 $3.00 per place setting $100/day $105.00 per hour $500.00 $850.00 $210.00 $500.00 $42.00 per hour $131.00 per 4 hr session $262.00 per day $131.00 per half day $52.00 $3,500.00 per day $1,000 $2,000 per day additional $500 per day $1,000 per day $1,000 additional $250 $500 $500 $52 $210 $500 $25.00 per hour $262.00 per day $26.00 per hour $262.00 per hour $42.00 per day $25.00 each $42.00 per hour $25.00 per hour $100.00 per day $10.00 per table $.50 per glass $100.00 per event $20.00 per pad $50.00 per event Resolution 22-023 Fee Schedule for 2023 Page 12 of 18 DRAFT Business Incentive Rental Policy — The Parks & Recreation Director has the authority to reduce the room rental rate by one hr. when the rental meets the following criteria: minimum of 25 participants; utilize a classroom at CenterPlace eight or more times per calendar year; and use in-house caterer for a meal each reservation. PICNIC SHELTER RESERVATION (For groups fewer than 200 people) Browns — large red (up to five hours) Browns — small green (up to two hours) Edgecliff (up to five hours) Discovery Playground (up to two hours) Greenacres — large (up to five hours) Mirabeau Meadows (up to five hours) Mirabeau Meadows — shelter and stage (up to five hours) Mirabeau Springs — shelter and dock (up to two hours) Sullivan (up to five hours) Terrace View (up to five hours) Valley Mission (up to five hours) $100.00 $40.00 $100.00 $40.00 $100.00 $100.00 $150.00 $250.00 $100.00 $100.00 $100.00 EVENT RESERVATION — include shelter (For groups of 200 or more people) Events include but are not limited to activities such as car shows, tournaments, or high -risk activities. The Parks and Recreation Director shall make the final determination. General fee (up to five hours): Non-profit applications with proof of qualifying as a 501(c)(3) entity (up to five hours): EVENT PHOTOS Mirabeau Springs shelter and dock BALL FIELD RENTAL/USE REFUNDABLE FACILITY DAMAGE DEPOSIT Fewer than 200 people Weddings, Special Events and events with 200 or more people SPECIAL EVENTS (See Spokane Valley Municipal Code 5.15) Application Fee $175.00 $100.00 $150.00 per hour $26.00 lst hour + $15.00 each additional hour $75.00 $300.00 $50.00 RECREATION Recreation program fees are established at amounts to recover costs, as specified in the Parks and Recreation revenue policy. Resolution 22-023 Fee Schedule for 2023 Page 13 of 18 DRAFT Schedule D — Administration COPY FEE Paper copies up to 11"x17" (b/w or color) $0.15 per page* Paper copies larger than 11"x17" (b/w or color) $0.87 per square foot* Scanned copies of paper records $0.10 per page * Electronics records uploaded to email, cloud -based storage, CD/DVD, or flash drive $0.05 per every 4 electronic files or attachments* Records transmitted in electronic format $0.10 per GB* Digital Storage Media Device (CD/DVD, flash drive) Actual Cost* Envelope Actual Cost* Postage Actual Cost* Records sent to outside vendor for reproduction Actual Cost* Customized Service Charge - When the request would require the use of IT expertise to prepare data compilations or when such customized access services are not used by the agency for other business purposes, the agency may charge the actual cost. The agency must notify the requestor that it will be doing a customized service and can require a 10 percent deposit.* *It is the intent of the City of Spokane Valley to recover the cost of providing public records when the total cost, including but not limited to the per -page, device, envelope, or postage costs, amounts to $5.00 or more. Copy charges above may be combined to the extent more than one type of charge applies to copies responsive to a particular request. When combining fees associated with the request, the City will determine the total cost and charge accordingly. Copy charges are assessed for each installment of records provided to the requestor. A deposit of 10% may be required on public record requests. NSF CHECK RETURN FEE $26.00 CREDIT CARD TRANSACTION PROCESSING FEE Applies to all City fees paid by credit card/debit card except for those fees under Schedule F — Police Fees (amount of the alarm fee is intended to cover the total cost of administering the false alarm program, including, but not limited to, payment processing fees). Credit card transaction processing fees are non-refundable. 2.5% of transaction amount Resolution 22-023 Fee Schedule for 2023 Page 14 of 18 DRAFT Schedule E — Other Fees BUSINESS REGISTRATION Business Registration Nonprofit Registration $25.00 annual $10.00 annual Out -of -City Business Registration with annual revenues equal to or less than $2,000 (SVMC 5.05.020(D)) $0.00 Adult Entertainment* Establishment License, Live Adult Entertainment Establishment License, Adult Arcade Adult Arcade Device License Manager License Entertainer License Late Adult Entertainment License Fee* (charged in addition to the license fee) 7 to 30 calendar days past due 31 to 60 calendar days past due 61 and more calendar days past due $1,575.00 $1,575.00 $157.00 $157.00 $157.00 25% of license fee 50% of license fee 75% of license fee Appeal of Administrative Determination — Adult Entertainment License* Adult Entertainment License denial, suspension or revocation pursuant to SVMC 5.10$1,050.00*Delegation of Authority from City Manager to the Spokane County Sherrifis Office to act as the Licensing Administrator for the purposes of administering and enforcing Chapter 5.20 SVMC. Tow Operator Registration Fee $105.00 annual Schedule F — Police Fees FALSE ALARM RECOVERY FEE Amount of the fee is intended to cover the total cost of administering the false alarm program, including, but not limited to, payment processing fees. $65 per incident Resolution 22-023 Fee Schedule for 2023 Page 15 of 18 DRAFT Schedule G — Transportation Impact Fees SOUTH BARKER CORRIDOR TRANSPORTATION IMPACT FEE SCHEDULE Pursuant to chapter 22.100 SVMC and the adopted South Barker Corridor Study and South Barker Corridor Transportation Impact Fee Rate Study, the following fees are the transportation impact fees applicable within the South Barker Corridor area identified in the South Barker Corridor Transportation Impact Fee Rate Study. Base Rate = $1,153 per PM Peak Trip Land Use Group ITE Code ITE Land Use Category Impact Fee Per Unit 210 Single Family & Duplex $1,084 per dwelling unit Residential 220 Multi -Family (Low -Rise) - Not Close to Rail $588 per dwelling unit Transit 310 Hotel (3 or More Levels) $680 per room Services 492 Health Club $3.98 per sq ft 912 Bank $15.74 per sq ft 520 Elementary School $2,052 per employee Institution 522 Middle School $2,236 per employee 525 High School $1,856 per employee 975 Drinking Establishment $7.46 per sq ft Restaurant 934 Fast Food Restaurant (with drive-thru) $17.13 per sq ft 938 Coffee Shop with Drive-Thru (no indoor seating) $1,912 per drive-thru lane 820 Shopping Center $2.78 per sq ft Retail 841 Automobile Sales - Used/New $4.32 per sq ft 945 Convenience Store/Gas Station-GFA(4-5.5k) $8,921 per pump 110 Light Industry/High Technology $0.75 per sq ft 140 Manufacturing $0.85 per sq ft Industrial 150 Warehousing $0.21 per sq ft 151 Mini -Storage $19.37 per storage unit 710 General Office $1.66 per sq ft Office 720 Medical Office / Clinic $4.53 per sq ft 750 Office Park $1.50 per sq ft ITE Trip Generation manual, l lth Edition "sq $" means square foot. "pump" means vehicle servicing position / gas pump. "room" means available hotel room. Pursuant to chapter 22.100 SVMC, transportation impact fees for uses not listed in the rate table shall be based on (1) the most similar land use category identified in the table, or (2) the base rate and the most similar land use category identified in ITE Trip Generation Manual, as documented by a trip generation and distribution letter in accordance with Section 3.2 of the Spokane Valley Street Standards. Resolution 22-023 Fee Schedule for 2023 Page 16 of 18 DRAFT MIRABEAU SUBAREA TRANSPORTATION IMPACT FEE SCHEDULE Pursuant to chapter 22.100 SVMC and the adopted Mirabeau and North Pines Road Subarea Transportation Impact Fee Rate Study, the following fees are the transportation impact fees applicable within the Mirabeau subarea identified in the Rate Study. Base Rate = $698 per PM Peak Trip Land Use Group ITE Code ITE Land Use Category Impact Fee Per Unit 210 Single Family & Duplex $657 per dwelling unit Residential 220 Multi -Family (Low -Rise) - Not Close to Rail per dwelling unit Transit $356 310 Hotel (3 or More Levels) $412 per room Services 492 Health Club $2.41 per sq ft 912 Bank $9.54 per sq ft 520 Elementary School $1,243 per employee Institution 522 Middle School $1,355 per employee 525 High School $1,125 per employee 975 Drinking Establishment $4.52 per sq ft Restaurant 934 Fast Food Restaurant (with drive-thru) $10.38 per sq ft 938 Coffee Shop with Drive-Thru (no indoor seating) $1,159 per drive-thru lane 820 Shopping Center $1.69 per sq ft Retail 841 Automobile Sales - Used/New $2.62 per sq ft 945 Convenience Store/Gas Station-GFA(4-5.5k) $5,405 per pump 110 Light Industry/High Technology $0.45 per sq ft Industrial 140 Manufacturing $0.52 per sq ft 150 Warehousing $0.13 per sq ft 151 Mini -Storage $11.73 per storage unit 710 General Office $1.01 per sq ft Office 720 Medical Office / Clinic $2.75 per sq ft 750 Office Park $0.91 per sq ft ITE Trip Generation manual, l lth Edition "sq $" means square foot. "pump" means vehicle servicing position / gas pump. "room" means available hotel room. Pursuant to chapter 22.100 SVMC, transportation impact fees for uses not listed in the rate table shall be based on (1) the most similar land use category identified in the table, or (2) the base rate and the most similar land use category identified in ITE Trip Generation Manual, as documented by a trip generation and distribution letter in accordance with Section 3.2 of the Spokane Valley Street Standards. Resolution 22-023 Fee Schedule for 2023 Page 17 of 18 DRAFT NORTH PINES ROAD SUBAREA TRANSPORTATION IMPACT FEE SCHEDULE Pursuant to chapter 22.100 SVMC and the adopted Mirabeau and North Pines Road Subarea Transportation Impact Fee Rate Study, the following fees are the transportation impact fees applicable within the North Pines Road subarea identified in the Rate Study. Base Rate = $2,195 per PM Peak Trip Land Use Group ITE Code ITE Land Use Category Impact Fee Per Unit 210 Single Family & Duplex $2,063 per dwelling unit Residential 220 Multi -Family (Low -Rise) - Not Close to Rail per dwelling unit Transit $1,119 310 Hotel (3 or More Levels) $1,295 per room Services 492 Health Club $7.57 per sq ft 912 Bank $29.97 per sq ft 520 Elementary School $3,906 per employee Institution 522 Middle School $4,258 per employee 525 High School $3,533 per employee 975 Drinking Establishment $14.21 per sq ft Restaurant 934 Fast Food Restaurant (with drive-thru) $32.62 per sq ft 938 Coffee Shop with Drive-Thru (no indoor seating) $3,640 per drive-thru lane 820 Shopping Center $5.30 per sq ft Retail 841 Automobile Sales - Used/New $8.23 per sq ft 945 Convenience Store/Gas Station-GFA(4-5.5k) $16,983 per pump 110 Light Industry/High Technology $1.43 per sq ft Industrial 140 Manufacturing $1.62 per sq ft 150 Warehousing $0.40 per sq ft 151 Mini -Storage $36.87 per storage unit 710 General Office $3.16 per sq ft Office 720 Medical Office / Clinic $8.62 per sq ft 750 Office Park $2.85 per sq ft ITE Trip Generation manual, llth Edition "sq $" means square foot. "pump" means vehicle servicing position / gas pump. "room" means available hotel room. Pursuant to chapter 22.100 SVMC, transportation impact fees for uses not listed in the rate table shall be based on (1) the most similar land use category identified in the table, or (2) the base rate and the most similar land use category identified in ITE Trip Generation Manual, as documented by a trip generation and distribution letter in accordance with Section 3.2 of the Spokane Valley Street Standards. Resolution 22-023 Fee Schedule for 2023 Page 18 of 18 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 22-023 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING RESOLUTION 22-009, AND APPROVING THE 2023 MASTER FEE SCHEDULE, AND OTHER MATTERS RELATING THERETO. WHEREAS, it is the general policy of the City to establish fees that are reflective of the cost of services provided by the City; and WHEREAS, the City uses a resolution to establish the schedule of fees for City programs, permits and services, and periodically the fee resolution and fee schedule must be amended to incorporate new or modified services; and WHEREAS, Council desires to approve the resolution and accompanying fee schedule. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Adoption. The Master Fee Schedule is hereby adopted as provided herein and as shown and incorporated in the attached schedules. Section 2. Repeal. Resolution 22-009 is hereby repealed in its entirety. Section 3. Effective Date. This Resolution shall be in full force and effect January 1, 2023. Approved this day of December, 2022. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Pam Haley, Mayor Approved as to form: Office of the City Attorney Resolution 22-023 Fee Schedule for 2023 Page 1 of 19 D RAFT MASTER FEE SCHEDULE Fee Schedule Page No. Schedule A: Planning 3 Schedule B: Building/Engineering 5 Schedule C: Parks and Recreation 11 Schedule D: Administrative 14 Schedule E: Other Fees 15 Schedule F: Police Fees 15 Schedule G: Transportation Impact Fees 16 Resolution 22-023 Fee Schedule for 2023 Page 2 of 19 DRAFT MASTER FEE SCHEDULE Schedule A — Planning Automatic Annual Adjustment Unless otherwise specifically amended, Schedule A of this Master Fee Schedule shall be reviewed and automatically adjusted annually to reflect (80%) of any change from September to September of the Consumer Price Index for All Urban Consumers (CPI-U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics, or other comparable index if not published. In no event shall the cumulative change in rates or charges be more than four percent (4%) per year. Unit prices shall be rounded to the nearest dollar. The automatic adjustment shall be effective January 1 of each year. No other fee schedules shall be affected by such automatic adjustment. AMENDMENTS Comprehensive Plan Amendment Zoning or other code text amendment APPEALS Appeal of Administrative Decision Appeal of Hearing Examiner Findings Transcript/record deposit on Appeals of Hearing Examiner Decisions Appeal of Administrative Decision - Code Enforcement Final Decision pursuant to chapter 17.100 SVMC ENVIRONMENTAL REVIEW STATE ENVIRONMENTAL POLICY ACT (SEPA) Single Dwelling (when required) All other developments Environmental Impact Statement (EIS) Review, minimum deposit Addenda of existing EIS Review SHORELINE Substantial Development Permit - under $50K Substantial Development Permit - over $50K Shoreline Exemption CRITICAL AREAS Floodplain Permit not associated with a subdivision Floodplain Permit associated with a subdivision LAND USE ACTIONS SUBDIVISIONS Preliminary plat Final Plat Time extensions — file review and letter FEE AMOUNT $2,600.00 2.704.00 $2,600.00 2,704.00 $780.00 811.00 $1,0'I 0.001.082.00 $163.00 170.00 $520.00 541.00 unless otherwise waived pursuant to SVMC 17.110 $291.00 303.00 $361.00 379.00 $2,288.00 2,380.00 $361.00 379.00 $1,0110.00 1,082.00 $1,6611.00 1.731.00 $621.00 649.00 $520.00 541.00 $520.00 541.00 + $51.00 56.00 per lot $2,600.00 2704.00 + $12.00 44.00 per lot $1,1 81.00 1540.00 + $10.0010.00 per lot $520.00 541.00 Resolution 22-023 Fee Schedule for 2023 Page 3 of 19 DRAFT SHORT PLATS Preliminary 2 to 4 lots Final plat 2 to 4 lots Preliminary plat 5 to 9 lots Final plat 5 to 9 lots Time extensions - file review and letter PLAT ALTERATION Subdivision plat Short plat PLAT VACATION BINDING SITE PLAN Binding site plan alteration Change of Conditions Preliminary binding site plan Creating lots within final binding site plan via Record of Survey Final Binding Site Plan AGGREGATION/SEGREGATION Lot line adjustment Lot line elimination Zero lot line OTHER PLANNING Administrative Exception Variance Administrative Interpretations Home Occupation Permit Accessory Dwelling Units (ADU) Conditional Use Permit Temporary Use Permit Small Cell Permit Application $520.00 $2,080.00 2.163.00 $1,21 8.00 1.298.00 $2,080.00 2,163.00 + $26.00 27.00 per lot $1,352.00 1,406.00 + $26.00 27.00 per lot $520.00 541.00 $1,218.00 1.298.00 $780.00 811.00 $1,533.00 1.594.00 $2,080.00 2,163.00 $2,080.00 2.163.00 $2,080.00 2.163.00 $1,560.00 1.622.00 $2,080.00 2.163.00 $260.00 270.00 $208.00 216.00 $208.00 216.00 + $10.00 10.00 per lot 541.00 for up to five sites + $101.00 Hourly Rate for City Employees Document Recording Service by Staff Street Vacation Application Pre -application Meetings *Fee shall be deducted from land use application, filed within one year of pre -application meeting. ZONING map amendments (rezone)* Planned residential development plan Planned residential development modification Zoning letter $520.00 541.00 $1,638.00 1.704.00 $364700 379.00 $101.00 108.00 $312.00 324.00 $1,661.001.731.00 $520.00 541.00 108.00 per additional site $63.00 66.00 Hourly $1,420.00 1.477.00 $260.00 270.00* building or commercial permit fees when application is $3,610.00 3.786.00 $2,080.00 2,163.00 + $27.00 28.00 per lot $516.00 568.00 $218.00 227.00 *If rezone is combined with other action(s), cost of other action(s) is additional Resolution 22-023 Fee Schedule for 2023 Page 4 of 19 DRAFT Schedule B — Building Automatic Annual Adjustment Unless otherwise specifically amended, Schedule B of this Master Fee Schedule shall be reviewed and automatically adjusted annually to reflect (80%) of any change from September to September of the Consumer Price Index for All Urban Consumers (CPI-U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics, or other comparable index if not published. In no event shall the cumulative change in rates or charges be more than four percent (4%) per year. Unit prices shall be rounded to the nearest dollar. The automatic adjustment shall be effective January 1 of each year. Building permit fees ni nnu lly thr ugh the Intcrnati nal C c C uncil (ICC) u lishcd u atcs. Stormwater Utility Charges on Developed Parcels shall be reviewed and automatically adjusted annually to reflect any change from September to September of the Consumer Price Index for All Urban Consumers (CPI- U), West Region, 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics, or other comparable index if not published. In no event shall the cumulative change in rates or charges be more than four percent (4%) per year. Unit prices shall be rounded to the nearest dollar. The automatic adjustment shall be effective January 1 of each year shall not be included in the annual automatic adjustment because updates are done through a separate analysis of the City's Stormwater Utility needs. Building permit fees shall not be included in the annual automatic adjustment because updates occur semi- annually through the International Code Council (ICC) published updates. No other fee schedules shall be affected by such automatic adjustment. Fee Payment Plan review fees are collected at the time of application. Such fees may be adjusted during plan review. Overages or under payments shall be appropriately adjusted at the time of permit issuance. Plan review fees are separate from and additional to building permit fees. Permit fees and any other unpaid fees shall be collected prior to issuance of the permit. Fees for outside professional services required during the permit process shall be paid by the applicant. Examples of outside professional services include review by contract reviewers, special inspection or construction services, consultant services for special topics, surveying or other services required to determine compliance with applicable codes. Fee Refund Policy. Refunds authorized under this policy apply only to Schedule B. PLAN REVIEW FEES • Plan review fees are non-refundable once any plan review work has been started. • Paid plan review fees may be refunded when an eligible request is received in writing. • At a minimum, a $63.00 66.00 administrative fee shall be retained. • If the paid plan review fee is less than $63.00 66.00, no refund is authorized. • If the paid plan review fee is more than $63.00 66.00, the amount for refund shall be calculated at the rate of 100% of the paid plan review fee minus $63.00 66.00. PERMIT FEES • Permit fees are non-refundable once work authorized by the permit has begun. • Paid permit fees may be refunded when an eligible request is received in writing. • At a minimum, a $63.00 administrative 66.00 administrative fee will be retained when fees are refunded. • If the paid permit fee is less than $63.00 66.00, no refund is authorized. • If the paid permit fee is more than $63.00 66.00, the refund shall be calculated at the rate of 95% of the paid permit fee minus $63.00 66.00. Resolution 22-023 Fee Schedule for 2023 Page 5 of 19 DRAFT For any application taken or permit issued in error, a full refund of fees paid shall be made. No portion of the paid fees shall be retained. Resolution 22-023 Fee Schedule for 2023 Page 6 of 19 DRAFT FEES GENERAL Hourly Rate for City Employees Overtime rate for City Employees (1.5 times regular rate) Investigation fee: Work commenced without required permits Working beyond the scope of work Replacement of lost permit documents $63.00 66.00 $95.00 99.00 Equal to permit fee $156.00 162.00 Hourly rate; 1 hour minimum Revisions to plans requested by the applicant or permit holder shall be charged the hourly rate with a minimum of one hour. Revised plans submitted in response to reviewer correction letters are not subject to the hourly assessment. Washington State Building Code Council Surcharge (WSBCC) — see the Washington State Building Code Council website for fees. BUILDING PERMIT: Building permit fees for each project are set by the following fees. The figures below shall be used to determine the building permit fees and plans check fees based on the value of the construction work as stated by the applicant or the value calculated by the Building Official using the latest valuation data published in the Building Safety Journal by the International Code Council, whichever value is greater. Valuations not listed in the Building Safety Journal: Building Type Residential garages/storage buildings (wood frame) Residential garages (masonry) Miscellaneous residential pole buildings Residential carports, decks, porches Valuation Per Square Foot $20.00 21.00 $23.00 24.00 $20.00 21.00 $16.00 17.00 Building Permit Fee Calculation Total Valuation Building Permit Fee $1.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 Resolution 22-023 Fee Schedule for 2023 $69.25 for first $2,000.00 + $14.00 for each additional $1,000.00 (or fraction thereof) Up to and including $25,000.00 $391.25 for first $25,000 + $10.10 for each additional $1,000.00 (or fraction thereof) Up to and including $50,000.00 $643.75 for first $50,000.00 + $7.00 for each additional $1,000.00 (or fraction thereof) Up to and including $100,000.00 $993.75 for first $100,000 + $5.60 for each additional $1,000.00 (or fraction thereof) Up to and including $500,000.00 $3,233.75 for first $500,000.00 + $4.75 for each additional $1,000.00 (or fraction thereof) Up to and including $1,000,000.00 Page 7 of 19 DRAFT $1,000,001 and up $5,608.75 for first $1,000,000.00 + $3.15 for each additional $1,000.00 (or fraction thereof) Plan Review Fee Calculation % of Building Permit Fee Plans review fee (general) 65% Plans review fee — Group R-3 occupancies (single family less than 7,999 sq. ft.) 40% Plans review fee — Group R-3 occupancies (single family 8,000 sq. ft. or more) 65% Plans review fee — Group U occupancies (sheds, barns, et.) 25% OTHER PERMITS: SITE PLAN REVIEW New Residential Home Site Plan Review Residential Accessory Structure Site Plan Review Commercial Site Plan Review DEMOLITION PERMIT Single Family Residence Commercial Building Garage or accessory building associated with residence or commercial building Foundation Only Building Permit: Swimming Pools, over 2 feet in depth Re -roof (no plan review charge unless submitted for review) Change of Use or Occupancy Classification Permit TEMPORARY CERTIFICATE OF OCCUPANCY Commercial or Multifamily Building Residential Building $312.00 324.00 $83.00 86.00 $572.00 595.00 $18.00 50.00 flat fee $136.00 141.00 flat fee $22.00 23.00 flat fee 25% of building permit fee $63.00 66.00+ plumbing fees Based on Project Valuation Hourly $208.00 216.00 $156.00 162.00 Factory Assembled Structure Manufactured Home (FAS) Placement Permit $52.00 54.00 per section Permit or Application Expiration Extension $66.00 Towers, elevated tanks, antennas Hourly SIGN PERMIT: Sign Permits are subject to the assessment of the WSBCC fee as noted in Schedule B "General" section and the following review fees. Sign Plan Review Fee $88.00 92.00 Wall Sign Permit $78.00 81.00 per sign (flat fee) Freestanding or Monument Sign Permit $101.00 108.00 per sign (flat fee) Resolution 22-023 Fee Schedule for 2023 Page 8 of 19 DRAFT RIGHT-OF-WAY (ROW) PERMIT: A traffic plan and traffic plan review is required if more than 50% of the width of any street is closed or if a single arterial lane is closed. A minimum plan review fee of $63.00 (hourly rate for City employees) applies to all right-of-way permits that require a traffic plan. If additional staff time is required, it shall be charged at the hourly rate. Fees for outside professional services required during the permit process shall be paid by the applicant. Examples of outside professional services include review by contract reviewers, special inspection or construction services, consultant services for special topics, surveying or other services required to determine compliance with applicable codes. TYPES OF ROW Non -cut obstruction without clean up Non -cut obstruction with clean up Pavement cut obstruction, non -winter Pavement cut obstruction, winter Working without a permit Commercial Approach Permit Residential Approach Permit Multiple Use Permit - overhead Multiple Use Permit - underground Erosion/Sediment Control - Site Inspection Oversized Load Permit Fee Structure Transport Permit ENGINEERING PERMITS GRADING PERMIT: 100 cubic yards (cu yd) or less 101 to 1,000 cubic yards 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 to 200,000 cubic yards 200,000 or more cubic yards GRADING PLAN REVIEW FEE: 100 cubic yards (cu yd) or less 101 to 1,000 1,001 to 10,000 Resolution 22-023 Fee Schedule for 2023 $76.00 79.00 $111.00 119.00 $208.00 216.00 $218.00 227.00 100% Permit Fee $78.00 81.00 $73.00 76.00 $111.00 119.00 per 1/4 mile $676.00 703.00 per 1/4 mile $10'1.00 108.00 $7S.00 81.00 $156.00 162.00 per section $26.00 27.00 $26.00 27.00 for first 100 cu yd. + $7.00 each additional 100 cu yd $130.00 135.00 for first 1,000 cu yd + $10.00 each additional 1,000 cu yd $231.00 243.00 for first 10,000 cu yd+ $36.00 37.00 each additional 10,000 cu yd $5'16.00 568.00 for first 100,000 cu yd + $26.00 27.00 each additional 10,000 cu yd $650.00 676.00 for first 200,000 cu yd + $26.00 27.00 for each additional 10,000 cu yd $21.00 22.00 $26.00 27.00 $36.00 37.00 Page 9 of 19 DRAFT 10,001 to 100,000 100,001 to 200,000 200,001 or more Grubbing & Clearing Only (without earth being moved) Paving Permit (greater than 5,000 sq. ft. - new paving only) $36.00 37.00 for first 10,000 cu yd + $26.00 27.00 each additional 10,000 cu yd $182.00 189.00 for first 100,000 cu yd + $26.00 27.00 for each additional 10,000 cu yd $650.00 676.00 for first 200, 000 cu yd + $26.00 27.00 for each additional 10,000 cu yd $71.00 74.00 $271.00 285.00 OTHER ENGINEERING Design Deviation $156.00 162.00 STORMWATER UTILITY CHARGE ON DEVELOPED PARCELS: Each single-family unit $21.0058.00 annual All other properties each $21.0058.00 per 3,160 sq. ft impervious surface MECHANICAL PERMIT: Plan review fees for mechanical permits shall be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees shall be collected when the permit is issued. Mechanical Permit Fees A. BASIC FEES 1. Basic fee for issuing each Stand -Alone permit 2. Basic fee for each Supplemental permit B. UNIT FEES (in addition to the basic fee) 1. Installation or relocation of Furnaces and suspended heaters a. up to and including 100,000 btu b. over 100,000 btu 2. Duct work system 3. Heat pump and air conditioner a. 0 to 3 tons b. over 3 tons to 15 tons c. over 15 tons to 30 tons d. over 30 tons to 50 tons e. over 50 tons 4. Gas water heater 5. Gas piping system 6. Gas log, fireplace, and gas insert installation 7. Appliance vents installation; relocation; replacement 8. Boilers, compressors, and absorption systems a. 0 to 3 hp - 100,000 btu or less b. over 3 to 15 hp - 100,001 to 500,000 btu c. over 15 - 30 hp - 500,001 to 1,000,000 btu d. over 30 bhp -1,000,001 to 1,750,000 btu e. over 50 hp - over 1,750,000 btu 9. Air Handlers a. each unit up to 10,000 cfm, including ducts b. each unit over 10,000 cfm $38.00 40.00 $.843 8.00 $11.00 15.00 $17.00 18.00 $11.00 11.00 $11.00 15.00 $22700 23.00 $27.00 28.00 $38.00 40.00 $66.00 69.00 $11.00 11.00 $1.00 per outlet $11.00 11.00 $10.00 10.00 each $11.00 15.00 $22.00 23.00 $27.00 28.00 $38.00 40.00 $66.00 69.00 $111.00 15.00 $17.00 18.00 Resolution 22-023 Fee Schedule for 2023 Page 10 of 19 DRAFT 10. Evaporative Coolers (other than portable) 11. Ventilation and Exhausts a. each fan connected to a single duct b. each ventilation system c. each hood served by mechanical exhaust 12. Incinerators a. residential installation or relocation b. commercial installation or relocation 13. Unlisted appliances a. under 400,000 btu b. 400,000 btu or over 14. Hood a. Type I b. Type II 15. LP Storage Tank 16. Wood or Pellet Stove insert 17. Wood stove system - free standing $11.00 11.00 $11.00 11.00 $44:00 15.00 $11.00 15.00 $22.00 23.00 $21.00 25.00 $51.00 56.00 $4-09700 113.00 $511.00 56.00 $11.00 11.00 $11.00 11.00 $11.00 11.00 $27.00 28.00 PLUMBING PERMIT: Plan review fees for plumbing permits shall be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees shall be collected when the permit is issued. A. BASIC FEES 1. Basic fee for issuing each Stand -Alone permit $38.00 40.00 2. Basic fee for each Supplemental permit $8.00 8.00 B. UNIT FEES (in addition to the basic fee) 1. Each plumbing fixture on a trap $6700 6.00 each (includes garbage disposals, dishwashers, backflow device, drainage, hot tubs, built-in water softener, water closets, lavatories, sinks, drains, etc.) 2. Water Heater $6.00 6.00 each 3. Industrial waste pretreatment interceptor $17.00 18.00 (includes its trap and vent, except kitchen type grease interceptors functioning as fixture traps.) 4. Repair or alteration of water piping, drainage or vent piping $6.00 6.00 each fixture 5. Atmospheric type vacuum breaker $6.00 6.00 each 6. Backflow protective device other than atmospheric type vacuum breakers $6.00 6.00 each 7. Medical gas $6.00 6.00 per outlet 8. Interceptors $6 3 6.00 each Resolution 22-023 Fee Schedule for 2023 Page 11 of 19 DRAFT Schedule C — Parks and Recreation ADMINISTRATIVE FEES Basic fees to be considered when applying rates Administrative Fee Refuse Fee AQUATICS Pool admission (age 5 and under) Pool admission (age older than 5) Pool punch pass (25 swims) Weekend family discount — 1 child under 13 free with paying adult At the discretion of the City Manager, the Parks and Recreation Department may admission open swim days. Swimming Lessons Swim Team Fee Pool Rental (fewer than 100 people) Pool Rental (101-200 people) Refundable Pool Damage Deposit ALCOHOLIC BEVERAGE PERMIT CENTERPLACE Conference Center Wing Auditorium (presentation system included) Auditorium (presentation system included) Auditorium (presentation system included) Auditorium w/Presentation System Auditorium w/Presentation System Auditorium w/Presentation System Auditorium Refundable Damage Deposit Executive Conference Room Executive Conference Room 1/2 day Executive Conference Room full day rental Executive Conference Room Refundable Damage Deposit Meeting Room (day and evening use) Meeting Room Large Meeting Room Large Meeting Room Large Meeting Room Meeting Room Meeting Room Refundable Damage Deposit Portable Sound System Bluetooth Speaker (includes hand-held or lapel microphone) Platinum Package *** Requires rental of presentation system, see below $32.00 $52.00 free $1.00 $20.00 on occasion offer free $40.00 $60.00$75.00 $300.00 for 2-hr rental $400.00 for 2-hr rental $150.00 $10.00 $79.00 per hour $475.00 per day $236.00 per half day $52.00 per hour* * * $315.00 per day*** $158.00 per half day*** $52.00$75.00 $52.00 per hour $156 per 4 hours $416 per day $52.00$75.00 $42.00 per hour $263.00 per day $75.00 per hour $225.00 per half day $450.00 per 9 hr. day $131.00 per half day $52.00$75.00 $150.00 per event $75.00 $500.00 per event Resolution 22-023 Fee Schedule for 2023 Page 12 of 19 DRAFT Great Room Multi-use/Banquet Hall Multi-use/Banquet Hall - Wedding Ceremony - 2 hours Multi-use/Banquet Hall — Wedding Reception — 10 hours Multi-use/Banquet Hall Multi-use/Banquet Hall Small Dining Area Refundable Deposit Refundable Deposit — Weddings Table Settings (linens and tableware) Pipe & Drape rental Senior Center Wing Lounge with Dance Floor Lounge with Dance Floor — Wedding Ceremony — 2 hours Lounge with Dance Floor — Wedding Reception — 6 hours Refundable Lounge deposit Refundable Lounge deposit — Weddings Meeting room (evening use) Meeting room (evening use) Meeting room (weekend use) Meeting room (weekend use) Meeting room deposit West Lawn and CenterPlace Rental fee West Lawn Wedding Ceremony - 2 hours (with CenterPlace Reception) West Lawn Plaza Rental - North Meadow North Meadow Rental West Lawn Plaza Rental - 1/2 day - North Meadow North Meadow Rental —1/2 Day Outdoor Venue Refundable Damage Deposit $105.00 per hour $500.00 $1,310.00 $840.00 per 9 hr session $1,575.00 all day (6 a.m.-1 a.m.) $52.00 per hour $210.00 $500.00 $3.00 per place setting $100/day Miscellaneous Cleanup Self -Catered Event fee for groups bringing their own food in on Sundays • Groups under 30 in small meeting roomsreem • Groups under 150 in large meeting room or lounge in Fireside Lounge • Groups over 150 in Great Room Host/Hostess (after hours) Presentation System (includes projector, podium, DVD/VCR sound system, camera system) Room Setup Satellite Video Conferencing Sound System Additional Microphones Technical Support LCD Projector/ Television LCD Projector/ Television Linens Only Wine glass only rental Conference Phone $105.00 per hour $500.00 $850.00 $210.00 $500.00 $42.00 per hour $131.00 per 4 hr session $262.00 per day $131.00 per half day $52.00 $3,500.00 per day $1,000 $2,000 per day additional $500 per day $1,000 per day $1,000 additional $250 $500 $500 $52 $210 $500 $25.00 per hour $262.00 per day $26.00 per hour $262.00 per hour $42.00 per day $25.00 each $42.00 per hour $25.00 per hour $100.00 per day $10.00 per table $.50 per glass $100.00 per event Resolution 22-023 Fee Schedule for 2023 Page 13 of 19 DRAFT Easel Paper Pad $20.00 per pad Laptop Usage $50.00 per event Business Incentive Rental Policy — The Parks & Recreation Director has the authority to reduce the room rental rate by one hr. when the rental meets the following criteria: minimum of 25 participants; utilize a classroom at CenterPlace eight or more times per calendar year; and use in-house caterer for a meal each reservation. PICNIC SHELTER RESERVATION (For groups fewer than 200 people) Browns — large red (up to five hours) Browns — small green (up to two hours) Edgecliff (up to five hours) Discovery Playground (up to two hours) Greenacres — large (up to five hours) Mirabeau Meadows (up to five hours) Mirabeau Meadows — shelter and stage (up to five hours) Mirabeau Springs — shelter and dock (up to two hours) Sullivan (up to five hours) Terrace View (up to five hours) Valley Mission (up to five hours) $100.00 $40.00 $100.00 $40.00 $100.00 $100.00 $150.00 $250.00 $100.00 $100.00 $100.00 EVENT RESERVATION — include shelter (For groups of 200 or more people) Events include but are not limited to activities such as car shows, tournaments, or high -risk activities. The Parks and Recreation Director shall make the final determination. General fee (up to five hours): $175.00 Non-profit applications with proof of qualifying as a 501(c)(3) entity (up to five hours): $100.00 EVENT PHOTOS Mirabeau Springs shelter and dock $150.00 per hour BALL FIELD RENTAL/USE $26.00 lst hour + $15.00 each additional hour REFUNDABLE FACILITY DAMAGE DEPOSIT Fewer than 200 people Weddings, Special Events and events with 200 or more people $75.00 $300.00 SPECIAL EVENTS (See Spokane Valley Municipal Code 5.15) Application Fee $50.00 RECREATION Recreation program fees are established at amounts to recover costs, as specified in the Parks and Recreation revenue policy. Resolution 22-023 Fee Schedule for 2023 Page 14 of 19 DRAFT Schedule D — Administration COPY FEE Paper copies up to 11"x17" (b/w or color) Paper copies larger than 11"x17" (b/w or color) Scanned copies of paper records Electronics records uploaded to email, cloud -based storage, CD/DVD, or flash drive Records transmitted in electronic format Digital Storage Media Device (CD/DVD, flash drive) Envelope Postage Records sent to outside vendor for reproduction $0.15 per page* $0.87 per square foot* $0.10 per page * $0.05 per every 4 electronic files or attachments* $0.10 per GB* Actual Cost* Actual Cost* Actual Cost* Actual Cost* Customized Service Charge - When the request would require the use of IT expertise to prepare data compilations or when such customized access services are not used by the agency for other business purposes, the agency may charge the actual cost. The agency must notify the requestor that it will be doing a customized service and can require a 10 percent deposit.* *It is the intent of the City of Spokane Valley to recover the cost of providing public records when the total cost, including but not limited to the per -page, device, envelope, or postage costs, amounts to $5.001.00 or more. Copy charges above may be combined to the extent more than one type of charge applies to copies responsive to a particular request. When combining fees associated with the request, the City will determine the total cost and charge accordingly. Copy charges are assessed for each installment of records provided to the requestor. A deposit of 10% may be required on public record requests. NSF CHECK RETURN FEE $26.00 CREDIT CARD TRANSACTION PROCESSING FEE Applies to all City fees paid by credit card/debit card except for those fees under Schedule F — Police Fees (amount of the alarm fee is intended to cover the total cost of administering the false alarm program, including, but not limited to, payment processing fees). Credit card transaction processing fees are non-refundable. 2.5% of transaction amount Resolution 22-023 Fee Schedule for 2023 Page 15 of 19 DRAFT Schedule E — Other Fees BUSINESS REGISTRATION Business Registration Nonprofit Registration $25.00 annual $10.00 annual Out -of -City Business Registration with annual revenues equal to or less than $2,000 (SVMC 5.05.020(D)) $0.00 Adult Entertainment* Establishment License, Live Adult Entertainment Establishment License, Adult Arcade Adult Arcade Device License Manager License Entertainer License Late Adult Entertainment License Fee* (charged in addition to the license fee) 7 to 30 calendar days past due 31 to 60 calendar days past due 61 and more calendar days past due $1,575.00 $1,575.00 $157.00 $157.00 $157.00 25% of license fee 50% of license fee 75% of license fee Appeal of Administrative Determination — Adult Entertainment License* Adult Entertainment License denial, suspension or revocation pursuant to SVMC 5.10 $1,050.00 *Delegation of Authority from City Manager to the Spokane County Sherriff's Office to act as the Licensing Administrator for the purposes of administering and enforcing Chapter 5.20 SVMC. Tow Operator Registration Fee $105.00 annual Schedule F — Police Fees FALSE ALARM RECOVERY FEE Amount of the fee is intended to cover the total cost of administering the false alarm program, including, but not limited to, payment processing fees. $65 per incident Resolution 22-023 Fee Schedule for 2023 Page 16 of 19 DRAFT Schedule G — Transportation Impact Fees SOUTH BARKER CORRIDOR TRANSPORTATION IMPACT FEE SCHEDULE Pursuant to chapter 22.100 SVMC and the adopted South Barker Corridor Study and South Barker Corridor Transportation Impact Fee Rate Study, the following fees are the transportation impact fees applicable within the South Barker Corridor area identified in the South Barker Corridor Transportation Impact Fee Rate Study. Base Rate = $1,153 per PM Peak Trip Land Use Group ITE Code ITE Land Use Category Impact Fee Per Unit 210 Single Family & Duplex $1,084 per dwelling unit Residential 220 Multi -Family (Low -Rise) - Not Close to Rail $588 per dwelling unit Transit 310 Hotel (3 or More Levels) $680 per room Services 492 Health Club $3.98 per sq ft 912 Bank $15.74 per sq ft 520 Elementary School $2,052 per employee Institution 522 Middle School $2,236 per employee 525 High School $1,856 per employee 975 Drinking Establishment $7.46 per sq ft Restaurant 934 Fast Food Restaurant (with drive-thru) $17.13 per sq ft 938 Coffee Shop with Drive-Thru (no indoor seating) $1,912 per drive-thru lane 820 Shopping Center $2.78 per sq ft Retail 841 Automobile Sales - Used/New $4.32 per sq ft 945 Convenience Store/Gas Station-GFA(4-5.5k) $8,921 per pump 110 Light Industry/High Technology $0.75 per sq ft 140 Manufacturing $0.85 per sq ft Industrial 150 Warehousing $0.21 per sq ft 151 Mini -Storage $19.37 per storage unit 710 General Office $1.66 per sq ft Office 720 Medical Office / Clinic $4.53 per sq ft 750 Office Park $1.50 per sq ft ITE Trip Generation manual, l lth Edition "sq $" means square foot. "pump" means vehicle servicing position / gas pump. "room" means available hotel room. Pursuant to chapter 22.100 SVMC, transportation impact fees for uses not listed in the rate table shall be based on (1) the most similar land use category identified in the table, or (2) the base rate and the most similar land use category identified in ITE Trip Generation Manual, as documented by a trip generation and distribution letter in accordance with Section 3.2 of the Spokane Valley Street Standards. Resolution 22-023 Fee Schedule for 2023 Page 17 of 19 DRAFT MIRABEAU SUBAREA TRANSPORTATION IMPACT FEE SCHEDULE Pursuant to chapter 22.100 SVMC and the adopted Mirabeau and North Pines Road Subarea Transportation Impact Fee Rate Study, the following fees are the transportation impact fees applicable within the Mirabeau subarea identified in the Rate Study. Base Rate = $698 per PM Peak Trip Land Use Group ITE Code ITE Land Use Category Impact Fee Per Unit 210 Single Family & Duplex $657 per dwelling unit Residential 220 Multi -Family (Low -Rise) - Not Close to Rail per dwelling unit Transit $356 310 Hotel (3 or More Levels) $412 per room Services 492 Health Club $2.41 per sq ft 912 Bank $9.54 per sq ft 520 Elementary School $1,243 per employee Institution 522 Middle School $1,355 per employee 525 High School $1,125 per employee 975 Drinking Establishment $4.52 per sq ft Restaurant 934 Fast Food Restaurant (with drive-thru) $10.38 per sq ft 938 Coffee Shop with Drive-Thru (no indoor seating) $1,159 per drive-thru lane 820 Shopping Center $1.69 per sq ft Retail 841 Automobile Sales - Used/New $2.62 per sq ft 945 Convenience Store/Gas Station-GFA(4-5.5k) $5,405 per pump 110 Light Industry/High Technology $0.45 per sq ft Industrial 140 Manufacturing $0.52 per sq ft 150 Warehousing $0.13 per sq ft 151 Mini -Storage $11.73 per storage unit 710 General Office $1.01 per sq ft Office 720 Medical Office / Clinic $2.75 per sq ft 750 Office Park $0.91 per sq ft ITE Trip Generation manual, l lth Edition "sq $" means square foot. "pump" means vehicle servicing position / gas pump. "room" means available hotel room. Pursuant to chapter 22.100 SVMC, transportation impact fees for uses not listed in the rate table shall be based on (1) the most similar land use category identified in the table, or (2) the base rate and the most similar land use category identified in ITE Trip Generation Manual, as documented by a trip generation and distribution letter in accordance with Section 3.2 of the Spokane Valley Street Standards. Resolution 22-023 Fee Schedule for 2023 Page 18 of 19 DRAFT NORTH PINES ROAD SUBAREA TRANSPORTATION IMPACT FEE SCHEDULE Pursuant to chapter 22.100 SVMC and the adopted Mirabeau and North Pines Road Subarea Transportation Impact Fee Rate Study, the following fees are the transportation impact fees applicable within the North Pines Road subarea identified in the Rate Study. Base Rate = $2,195 per PM Peak Trip Land Use Group ITE Code ITE Land Use Category Impact Fee Per Unit 210 Single Family & Duplex $2,063 per dwelling unit Residential 220 Multi -Family (Low -Rise) - Not Close to Rail per dwelling unit Transit $1,119 310 Hotel (3 or More Levels) $1,295 per room Services 492 Health Club $7.57 per sq ft 912 Bank $29.97 per sq ft 520 Elementary School $3,906 per employee Institution 522 Middle School $4,258 per employee 525 High School $3,533 per employee 975 Drinking Establishment $14.21 per sq ft Restaurant 934 Fast Food Restaurant (with drive-thru) $32.62 per sq ft 938 Coffee Shop with Drive-Thru (no indoor seating) $3,640 per drive-thru lane 820 Shopping Center $5.30 per sq ft Retail 841 Automobile Sales - Used/New $8.23 per sq ft 945 Convenience Store/Gas Station-GFA(4-5.5k) $16,983 per pump 110 Light Industry/High Technology $1.43 per sq ft Industrial 140 Manufacturing $1.62 per sq ft 150 Warehousing $0.40 per sq ft 151 Mini -Storage $36.87 per storage unit 710 General Office $3.16 per sq ft Office 720 Medical Office / Clinic $8.62 per sq ft 750 Office Park $2.85 per sq ft ITE Trip Generation manual, llth Edition "sq $" means square foot. "pump" means vehicle servicing position / gas pump. "room" means available hotel room. Pursuant to chapter 22.100 SVMC, transportation impact fees for uses not listed in the rate table shall be based on (1) the most similar land use category identified in the table, or (2) the base rate and the most similar land use category identified in ITE Trip Generation Manual, as documented by a trip generation and distribution letter in accordance with Section 3.2 of the Spokane Valley Street Standards. Resolution 22-023 Fee Schedule for 2023 Page 19 of 19 �p�kane ,...Valley 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5240 ♦ Fax: (509) 720-5075 ♦ permitcenter(c7spokanevallev.ora Memorandum Date: 12/1/2022 To: Chelsie Taylor, Finance Director From: Greg Baldwin, Development Services Coordinator CC: Bill Helbig, Community & Public Works Director Jenny Nickerson, Building Official Oksana Zhukov, Accountant/Budget Analyst Re: 2023 Fee Resolution Proposed Changes The Cotntnunity and Public Works Department would like to propose the following changes to the current Master Fee Schedule resolution for 2023. 1) OTHER PERMITS: Factory Assembled Structure Manufactured Home (FAS) Placement Permit - $54.00 per section Permit or Application Expiration Extension (New Fee) $66.00 Adult Entertainment —Add a note below this section which states, * Delegation of Authority from City Manager to the Spokane County Sheriff's Office to act as the Licensing Administrator for the purposes of administering and enforcing Chapter 5.10 SVMC. If you have any questions, or need additional information, please let me know. Thank You for the consideration. 1 i P a g e 2023 Master Fee Schedule Resolution Proposal Spokane ,0•00Va11eyR Community & Public Works Department 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 ♦ www.spokanevalley.org Memorandum Date: November 9, 2022 To: City Council From: Gloria Mentz, PE Re: Stormwater Fee Increase The City Stormwater Utility manages its stormwater program pursuant to the Spokane Valley Municipal Code (SVMC) Chapter 22.150 (Stormwater Management Regulations), the Spokane Regional Stormwater Manual (SRSM), requirements set forth under the National Pollutant Discharge Elimination System (NPDES) Phase 11 Municipal Stormwater (MS4) Permit, and the Washington Department of Ecology Underground Injection Control (UIC) Program. The Stormwater Utility, an enterprise fund, is funded through the collection of Storm and Surface Utility (Utility) fees from developed parcels located within the City, and the Spokane County Aquifer Protection Area (APA) fee. The Stormwater Utility Fee of $21 per year is assessed uniformly on single family residences, duplexes, triplexes and fourplexes. All other developed property is charged $21 for every 3,160 square feet of measured impervious surface area or equivalent residential unit (ERU). The current stormwater rate is expected to generate about $1.9 million in 2022 to City Fund 402. The fee was established when the City incorporated and is in the adopted Master Fee Schedule. The Stormwater Utility Fee has not increased since 2003. The APA fee, a voter adopted fee, is imposed on each water meter within the City by water meter size. The APA funds are collected by Spokane County, county -wide and distributed proportionately to local jurisdictions. APA funds must be "expended entirely on stormwater related projects that are designed to protect the aquifer." Without a regional public vote, this fee will sunset in November of 2024. This fee is expected to generate about $460,000 in 2022 to City Fund 403. The City has recently developed a Stormwater Utility Plan to establish the long-term goals of the Utility, identify solutions to adverse stormwater conditions, aging and non-standard stormwater facilities, address capacity and water quality issues, identify strategies necessary to ensure compliance with the MS4 permit and UIC programs, and develop a sustainable financial plan for the utility. The Stormwater Utility Plan identified two Level of Service (LOS) recommendations, Minimum Required and Pro -Active. The Levels of Service recommendations guided a Stormwater Utility Rate Study and recommendations for potential stormwater utility rate structures and fees. November 9, 2022 Page 2 of 2 The public had the opportunity to provide input through a survey and public meeting held on October 20, 2022. Most of the respondents support a Pro -Active LOS. The Minimum Required LOS increases the Stormwater Utility Rate by $24/year to $451year per ERU. This rate increase includes funding for an additional 3.0 full time employees (FTEs). Currently, there are 4.13 FTEs funded by the Stormwater Utility. The estimated 2023 revenue for this LOS is $4.4 million. The Pro -Active LOS increases the Stormwater Utility Rate by $37/year to $58/year per ERU. This rate increase includes funding for an additional 7.0 FTEs from the existing staffing levels. The estimated 2023 revenue for this LOS is $5.6 million. By adopting a LOS standard and associated stormwater fee, the City's Stormwater Utility will have the ability to meet all required federal, state, and local standards, as well as provide for continued maintenance and development of the City's stormwater facilities. On October 25, 2022, Council reached consensus to adopt the Pro -Active LOS and November 9, 2022, Council passed a motion adopting the Pro -Active LOS and increasing the stormwater utility fee to $58 per year with an annual increase consistent with the consumer price index. PARKS AND RECREATION DEPARTMENT John I3ottelli, Parks &Recreation Director 2426 North Discovery Place ♦ Spokane Valley, WA 99216 Phone: (509) 720-5200 ♦ Fax: (509) 720-5250 Email: parksandrec@spokanevalley.org spokanevalfey.org Memorandum Date: November 4, 2022 To: Spokane Valley City Council From: John Bottelli, Parks & Recreation Director Re: 2023 Master Fee Schedule Update Parks & Recreation is requesting the following changes to Schedule C of the 2023 Master Fee Schedule: AQUATICS 1. Swim Team fee increased from $60 to $75. Explanation: After performing an analysis of swim team expenses (staffing costs for practices and meets, t-shirts and miscellaneous supplies) the proposed fee of $75 seeks to recover our costs while keeping swim team an affordable option for families in Spokane Valley. A comparison Spokane County and City of Spokane aquatics fees is also provided. C ENTERPLACE Note: Rental rates at CenterPlace have not increased in 14 years (since 2009). For 2023, adjustments to the fee schedule are proposed to clarify and simplify certain pricing and to add prices for new available items while overall CenterPlace Operations are evaluated. Changes proposed for 2023 are as follows: 1. Auditorium fees condensed to include AV in the rental rate. Explanation: 2021 rates for the Auditorium are confusing with two options: with -and -without an additional AV rental fee of $262. The AV system is built into the auditorium and requires no additional setup. Rates were combined and ultimately reduced to increase use of the space. 2. Meeting Room Damage Deposit fees increased from $52 to $75, Explanation: Most damage deposits are returned to the customer. A modest increase was made to the meeting room deposit amount to provide additional security for our assets and to align with tho damage deposit we collect for park shelter reservations ($75). 3, Outdoor Venue Damage Deposit fee of $500 added. 1 Explanation: No Refundable Damage Deposit exists for the West Lawn Plaza or North Meadow at CenterPlace so staff has been utilizing the $500 wedding deposit for events on the West Lawn. This formalizes a Refundable Damage Deposit for outdoor events on the Plaza or North Meadow in order to protect our assets in the event of damage. Note that most damage deposits are returned to customers. 4. Cleanup fee renamed Self -catered event fee and revised to reference the room Location instead of group size as follows: Meeting Rooms at $52; Fireside Lounge at $210; Great Room at $500. Explanation: The 2021 fees are confusing to customers. These changes do not result in increased fees. 5. Bluetooth Speaker fee of $75 added for use of new equipment purchased for CenterPlace to offer groups. The Bluetooth speakers can be connected to a user's iPhone and include a hand-held or lapel microphone for speaking presentations. Encl: Please see attached Parks & Recreation Fees Comparisons (Market Comparisons - 2022 Rates) 2 CenterPlace Market Comparisons - 2022 Summary Rollup CPI below _ ea Average $ CP after .' Event Space Comp. Venues CenterPlace $ average market $ , hours $ Board Room Small Meeting Room Large Meeting Room Social Event Room Banquet Hall Small Outdoor space Large Outdoor space Small Wedding Outdoor Wedding Reception Outdoor Wedding Reception Hall Wedding Reception Room Entire Venue $ 63.75 $ 89.17 $ 146.88 $ 222.97 $ 281.88 $ 399.00 $ 489.50 $ 400.00 $ 5,479.00 $ 4,239.55 $ 4,000.00 $ 5,333.33 60.00 50.00 75.00 100.00 125.00 125.00 250.00 250.00 2,500.00 1,500.00 1,000.00 4,500.00 6% 44% 49% 55% 56% 69% 49% 38% 54% 65% 75% 16% 85 75 100 125 150 150 275 275 -33% 16% 32% 44% 47% 62% 44% 31% 2022 Aquatics Market Analysis Spokane Valley Spokane County Spokane City Open Swim $1 $3 - $6 Free Swim Lessons $ 40.00 $50 - $60 $50 - $60, sibling discount of $5 $ 56.00 Swim Team $ 60.00 8 weeks $ 125.00 8 weeks $ 210.00 8 weeks Pool Rental $ 300.00 2 hrs/fewer than 100 people/Saturdays/depends on staff availability $ 900.00 available on select Fridays or Sundays 6 - 8pm $100 per hour $ 400.00 2 hrs/over 101 people/Saturdays/depends on $ 150.00 Refundable Pool Damage Deposit https://static.spokanecitv.o rg/documentsjrecreation/g uides/2022-summer- activity-guide.pdf Sliokane0Ns, 4.0jValley 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Office of the City Clerk: 509.720-5102 ♦ cityhatl@spokanevatley.org Memorandum To: Chelsie Taylor, Finance Director; John Hohman, City Manager From: Chris Bainbridge, City Clerk; Carrie Koudelka, Deputy City Clerk Date: November 2, 2022 Re: 2023 Fee Resolution Proposals The City Clerk's office would like to propose the following changes to the current Master Fee Schedule resolution for 2023: Schedule D —Administration COPY FEE: *It is the intent of the City of Spokane Valley to recover the cost of providing public records when the total cost, including but not limited to the per -page, device, envelope, or postage costs, amounts to $5.00 or more, Rationale: We propose changing this to $5.00 as the cost of invoicing, receipting, and vendor fee for processing credit cards is more than we recover for copy fees. U.S. BUREAU OF LABOR STATISTICS nureau of Labor Statistics > Geographic- hilormatlon 7 Western > News Release Western Information Office IV( ni 11�rni�. Search Western Rnglos WeslentGenie rephy 4r1rr:I::uIS1i14r4ls lVralornAirllivr; Contact Western Consumer Price Index, West Region - September 2022 Area prices wore up 0.3 percent over the past month, up 8.3 percent from a year ago Prices In the West Region, as measured by the Consumer Price rr:dex for All Urban Consumers (CPI-U), Increased 0,3 percent in September, lire U.S. Bureau of Labor Statistics reported today, (See table A.) The September Increase was influenced by higher prices for shelter, food, and medical care. (Data In this report are not seasonally adjusted. Accordingly, month -to -month changes may reflect seasonal Influences,) Over the last 12 months, the CPI-U Increased 8.3 percent, (See (hart 1 and table A.) Food prices rose 10.8 percent. Energy prices rose 20.1 percent, largely the result of an Increase In the price of gasoline. The Index (or all Items less food and energy Increased 6.8 percent over the year. (See table 1•) Chart 1. Over -the -year percent change In CPI-U. Weet region, September 2019- September 2022 Portent chino 10.0 9.0 0.0 7.0 6.0 5.0 4.0 3.0 2.0 1.0 -NI terns -NI terns leas food end energy 00 I r I t-f--F r 1 I I f 1 I I f II Sop Doc Mar Jun Sop Dec liar Jun Sep Doc Mai Jun S p 1019 2020 Source. U.S.Bureau of Leber Slalisllce. 2021 2022 View Chart Datd News Release Information 22-2001-sAN Thursday, octobcr 13, 2022 CO11ta0t5 Technical information: (416) 625.2270 )3L6Inro5F09b15g2 yrerialt ytalfrgelonsrwesl Media contact: (415) 625.2270 Related Links rpi histnlcal databases Food Food prices rose 0.6 percent for the month of September, (See table 1.) Prices for food at home rose 0.6 percent, with Increases In five of the six subcategories. Prices for food away from home Increased 0.5 percent for the same period, Over the year, food prices rose 10.8 percent, Prices for food at home Increased 12.8 percent since a year ago, ranging from 9.4 percent for meats, poultry, fish, and eggs to 15,6 percent for other food at home. Prices for food away from home Increased 8.0 percent. Energy The energy Index Increased 0.1 percent over the month. The increase was mainly due to higher prices for natural gas service (2.3 percent). Prices for electricity rose 0,1 percent, but prices for gasoline declined 0,2 percent for the same period. Energy prices rose 20.1 percent over the year, largely due to higher prices for gasoline (24.5 percent), Prices paid for natural gas service rose 21,6 percent, and prices for electricity advanced 10,4 percent during the past year. All Items less food and energy The Index for all Items less food and energy Increased 0.3 percent In September, Higher prices for apparel (1.7 percent), medical care (1.0 percent), and shelter (0.7 percent) were partially offset by lower prices for used cars and trucks (-4.3 percent), outer goods and services (-0.5 percent), and household furnishings and operations (-0.2 percent). Over the year, the Index for all items Less food and energy Increased 6.8 percent. Components contributing to the Increase Included new and used motor vehicles (9.2 percent), household furnishings and operations (9.0 percent), shelter (7,1 percent), and medical care (7.1 percent). Table A. West eflon CPI-U 1-month and 12-month percent changes, all Items Index, not seasonally adjusted Month 2018 2010 2020 2021 14nonlh 12-month 1-month 12-montlt January 0,5 3.1 0,2 2.7 February 0.5 3.1 0,2 2.4 1•moner 0,3 0.4 2022 12•1non1h 1-month 124nonl11 1.lnonth 12-monR1 2.9 0.2 1.4 0.9 7.7 3.1 0.5 1.G 0.8 0.1 March 0.4 3.2 0.4 2.4 April 0.4 3.2 0.8 2,9 May 0.6 3,6 0.5 2,9 .0,2 -0.4 0,1 2,5 0.7 2.4 1.3 8.7 1.3 1.0 3.8 0.7 8.3 0.8 0.0 4.7 June 0.2 3.6 0.0 2.7 0,4 July August 0,1 3,6 0.0 2.7 0.5 0.2 3.6 0.1 2.8 sopta111ber 0.3 0.3 3.4 0.3 2.8 0,0 0.8 8,3 0.9 5,1 0.5 5.2 1.9 0,2 5.0 1.6 0,2 5.3 1.2 1.7 1.2 0.8 0.1 8,3 0.0 8.1 0.3 8.3 Month 2018 2010 2020 2021 2022 1-month 12-month 1-month 12-month 1-month 0.2 12-month 1-month 12-month 1-month 12-month October 0.4 3.6 0.5 2,8 1.2 0.8 6.0 November -0.2 9.3 -0.1 24 0.0 1.4 0,6 6,6 December -0.2 3.1 -0.2 24 -0.1 1.5 0.4 7.1 The October 2022 Consumer Price Index for the West Degton Is scheduled to be released on November 10, 2022. Technical Note The Consumer Price Index (CPI) is a measures of the average change In prices over time In a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups; (L) a CPI for All Urban Consumers (CPI-U) width covers approximately 93 percent of the total U.S. population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers approximately 29 percent of the total U.S. population. The CPI-U Includes, In addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not ie the labor force. The CPI Is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to•day living, Each month, prices are collected In 75 urban areas across the country from about 6,000 housing units and approximately 22,000 retell establishments -department stares, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index, The Index measures price changes from a designated reference date; for most of the CPI-U the reference base Is 1982-84 equals 100. An Increase of 7 percent from time reference base, for example, Is shown as 107.000. Alternatively, that relationship can also be expressed as the price of a base period market basket of goods and services rising from $100 to $107. For further details see the CPI home page on the Internet at www.bis,govicel and the CPI section of the BLS Handbook of Methods available on the Internet at vnvw,bls,00vlonuhNtomlc01/. In calculating the Index, price changes for the various Items in each location are averaged together with weights that represent their Importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. because the sample size of a local area Is smaller, the local area Index Is subject to substantially more sampling and other measurement error than the national Index. In addition, local Indexes are not adjusted for seasonal Influences. As a result, local area Indexes show greater volatility than the national index, although their long-term trends are quite simllar. NOTE: Area indexes do not measure differences In the level of prices between cities; they only measure time average change in prices far each area since the base period. The West Reglon covered in this release Is comprised of the following thirteen states: Alaska, Arizona, California, Colorado, Hewett, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. Information In this release will be made available to sensory Impaired individuals upon request. Voice phone: 202-691-5200; Telecommunications Relay Service: 7.1-1, Table 1. Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods West (1902-84 '100 unless otherwise noted) Item and Group Historical 1 data Indexes Jul 2022 Aug. 2022 Percent changefrom- Sop. 2022 Sep. 2021 Jul. 2022 Aug. 2022 Expenditure category All items ® 313,951 314.013 315.004 0.3 0.4 0,3 Ail items (December 1977=100) ll 507.484 507.585 500.331 Food and beverages ll 319.436 321,522 323.198 10.4 1.2 0.5 Food ® 321.428 323.502 325.308 10.8 1.2 0.6 Food at home © 307.302 309.084 311.473 12.8 1.3 0.0 Cereals and bakery products 1d+7 311,396 315.874 318.690 14,8 1.7 0.2 Meats, poultry, fish, and eggs ® 339.241 338.220 342A24 8.4 0.9 1,2 Dairy and related products El 200.307 284.299 285.055 14.9 1.7 0.3 Fruits and vegetables ID 387.540 390.537 395,247 11.a 2.0 1.2 Nonalcoholic beverages and beverage materials El 215.558 218.670 219.904 11.2 2.0 1,5 Other food at home C7 283.070 298.031 284.016 15.6 0.7 -0.5 Food away from home Cv7 337.684 339.448 341.180 8.0 1.1 0.5 Alcoholic beverages p 288.488 289.581 289.606 4.1 0.4 0.0 Housing © 339.184 341.207 343.325 7.0 1.2 0.6 Shelter II 307.370 390.037 392.876 7.1 1.4 0.7 Footnotes (1) This Index series was calculated using a Laspeyres estimator, All other Item stratum index series were calculated using a geometric means estimator. (2) Indexes on a December 1902=100 base, (3) Indexes on a December 1997=100 base, (4) Special Index based on a substantially smaller sample. (6) Indexes on a December 1993=100 base, (6) Indexes on a December 1977100 base, - Data not available Regions donned as the tour Census raglans. West Includes Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montane, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, NOTE: Index applies to a month as a whole, not to any apeolfic date. Data not seasonally adjusted. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 13, 2022 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: Plante's Ferry Sports Complex Public Master Planning — Interlocal Agreement GOVERNING LEGISLATION: RCW 39.34.080 PREVIOUS COUNCIL ACTION TAKEN: 2022, 10-18-22: Admin Report Letter of Support. 10- 25-22 Motion Consideration Letter of Support. 12-6-22: Admin Report Interlocal Agreement. BACKGROUND: Council reviewed the Plante's Ferry Sports Complex Master Planning Interlocal Agreement between the City and County at its December 6, 2022, meeting. Staff is seeking approval consideration of the Interlocal Agreement. If approved, staff with forward the Agreement to Spokane County. Spokane County will submit the Agreement to the Spokane County Board of County Commissioners for approval, which will allow the City and Spokane County to move forward with an RRP for a planning consultant to begin a public master plan for the Plante's Ferry Park Sports Complex. The master plan would cost approximately $100,000, and the City and Spokane County will each pay half (or approximately $50,000). OPTIONS: Move to approve the interlocal; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: I move Council approve the Interlocal Agreement for Consulting Services in Connection with the Formation of a Master Development Plan for Plante's Ferry Sports Complex, and authorize the City Manager to finalize and execute the same.. BUDGET/FINANCIAL IMPACTS: If Council supports the Interlocal Agreement, City staff would engage a planning firm to immediately begin the planning/study process. Staff estimate this effort would cost approximately $100,000. As stated in the Interlocal Agreement, each party agrees to pay half, or approximately $50,000. STAFF CONTACT: Susan Nielsen, Economic Development Specialist ATTACHMENTS: City of Spokane Valley and Spokane County Interlocal Agreement. DRAFT INTERLOCAL AGREEMENT FOR CONSULTING SERVICES IN CONNECTION WITH THE FORMATION OF A MASTER DEVELOPMENT PLAN FOR PLANTE'S FERRY SPORTS COMPLEX THIS AGREEMENT (the "Agreement") is entered by and between SPOKANE COUNTY, a political subdivision of the State of Washington, ("County"), having offices for the principal place of business at 1116 West Broadway Avenue, Spokane, Washington 99260, and the City of Spokane Valley, a municipal corporation of the State of Washington, ("City"), having offices for the principal place of business at 10210 East Sprague, Spokane Valley, Washington 99206, each individually also referred to hereinafter as a "Party" and collectively the "Parties". WITNESSETH WHEREAS, pursuant to the provisions of the Revised Code of Washington ("RCW') Section 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of the Chapter 39.34 RCW (the "Interlocal Cooperation Act"), the Parties may contract with each other to perform certain functions which each may legally perform; and WHEREAS, on November 1, 2022, the Spokane County Board of County Commissioners adopted resolution No. 2022-0730 authorizing use of American Rescue Plan Act ("ARPA") funding ARPA: 2221 — through the sub -category Strong Healthy Communities Neighborhood features (2.22) to complete improvements to Plante's Ferry Sports Complex, more specifically, a multi - phased park Master Development Plan, A&E design, and subsequent construction of one (1) or more phases of renovations to Plante's Ferry Sports Complex; and WHEREAS, the City of Spokane Valley ("City") City Council ("City Council") is supportive of the Plante's Ferry Sports Complex improvement project and supports immediately hiring a firm to develop a Master Development Plan (the "Master Development Plan" or "Plan"), and to pay for up to half of the total costs of drafting of said Plan; and WHEREAS, the City, in taking lead role in developing the Master Development Plan with respect to the Plante's Ferry Sports Complex improvement project, will enable a Master Development Plan to be developed in an efficient and quick manner to allow construction of improvements to proceed as quickly as possible; and WHEREAS, engaging a consultant firm to develop a Master Development Plan in a quick and efficient manner is important to the City, as the City is currently engaged in a tourism study update (the "Tourism Study"), and this Plan is intended to provide important data for the City's Tourism Study; and WHEREAS, the County recognizes the importance of obtaining a consultant for the purpose of quickly analyzing existing facilities and to assess options for upgrades and improvements for the benefit of residents Countywide, as well as to attract visitors from outside the region in ways that bring tourism dollars to our area; and WHEREAS, in 2023, the Tourism Study will explore revenue streams and marketing potential, among other elements, to integrate into the overall tourism strategy of the City which will include Page 1 of 8 DRAFT outdoor sports complexes and special event venues, such as the Plante's Ferry Sports Complex; and WHEREAS, the Master Development Plan is also critical to review opportunities and options for possible partnership and collaboration between County and the City in ownership, enhancements, operations, and/or maintenance of the Plante's Ferry Sports Complex; and WHEREAS, in preparation of the Plan, the City and County will be able to evaluate the financial and operational implications that will provide critical information about those costs and impacts to the Parties; and WHEREAS, the Parties wish to jointly select and retain a consultant (Consultant) to: (1) develop a multi -phased park Master Development Plan for Plante's Ferry Sports Complex as outlined herein; and WHEREAS, the Parties further desire that: (1) they work collaboratively to select a Consultant to perform the Consulting Services, and enter into a contract with a Consultant to conduct the study; and (2) the Parties equitably share the costs of said Consulting Services as set forth herein. NOW, THEREFORE, IT IS AGREED THAT: 1. Purpose. The purpose of this Agreement is to mutually engage Consulting Services ("Consulting Services") to complete a multi -phased park Master Development Plan ("Master Development Plan" or "Plan") for Plante's Ferry Sports Complex ("Complex"). a. The primary purpose of this Plan will be to provide a road map for renovation of the Complex to more effectively meet current needs and future demand for local sports programming (with an emphasis on youth programming), regional and national tournaments and events that could draw teams and attendees from beyond Spokane County. i. A component of the Plan will be to establish a formal, long-term partnership between the County and the City that may include shared ownership, enhancement, operations, and maintenance of the facility. b. In accomplishing this, the Plan shall: i. Provide a multi -phased development master plan to serve as a road map for future improvements to the Complex; ii. Propose a plan to renovate the outdoor sports complex to meet current needs and future demand for local sports, regional tournaments, and national events that could draw teams and attendees from outside the area; iii. Review existing applicable plans and studies; iv. Provide an assessment of annual direct and indirect spending and estimated tax revenue for the City and unincorporated County resulting from the existing and future facilities at the Complex; v. Evaluate the anticipated financial and operational consequences of possible improvements that will provide critical information about those costs and impacts to the Parties; vi. Provide an inventory and assessment of similar local/regional facilities; vii. Provide an in-depth analysis of current conditions at the Complex (field quality, soils, stormwater, etc.); Page 2 of 8 DRAFT viii. Solicit and consider significant community and stakeholder input; ix. Propose conceptual site plan(s) and renderings; x. Propose an implementation/phasing plan with planning level cost estimates; and xi. Propose a planning process timeline with deliverables. 2. Administration. No separate and distinct legal entity shall be created to conduct this joint undertaking. 3. Duration and Termination. This Agreement shall take effect upon execution of this Agreement by the Parties and shall continue until the purposes of this Agreement have been accomplished, as mutually agreed between the Parties, or at 4:00 p.m. on , 2023, unless the Parties agree in writing to extend it or terminate it early. This Agreement may be terminated for or without cause, in whole or in part, for convenience, or for any reason whatsoever by either party upon ninety (90) days' notice to the other Party. In the event of breach or default of any provision of this Agreement, the Party in breach or default shall have ten (10) days to cure said breach or default, in the event of failure to cure said breach or default, the Agreement shall be deemed terminated. Any amounts payable or due for any Consulting Services up until the time of termination shall be payable equally by the Parties in accordance with Section 5 of this Agreement. 4. Consulting Services. The Parties to this Agreement shall collectively and unanimously select a Consultant (the "Consultant") to perform the Consulting Services which is mutually agreed between the Parties. Once a Consultant is selected by the Parties, the Parties shall thereafter enter into a contract with the Consultant, for a yet to be determined amount. Each Party to this Agreement shall have co -equal rights to receive all correspondence to and from the Consultant, to determine appropriate direction to be communicated to the Consultant, and to attend and participate in meetings with the Consultant. 5. Cost Sharing. The total cost of the Consulting Services shall not exceed $100,000.00 USD, with each Party agreeing to pay up to $50,000. The City will receive invoices directly from the Consultant, and agrees to pay the Consultant directly for all Consulting Services. The City shall then send invoice(s) to the County for its portion of the payment, and the County agrees to reimburse the City for the applicable proportionate share as outlined in this Section. Payment to the City shall be remitted by County within thirty (30) calendar days of receiving written notice from the City, in accordance with Section 13 of this Agreement. Said notice shall include a copy of the study results along with an invoice for the applicable amount due. The Parties shall share the costs of the Consulting Services contract as follows: • Spokane County 50% • City of Spokane Valley 50% 6. Project Management. In collaboration with the County, the City shall develop a package of information for use in seeking submittals, to complete the Master Development Plan. Upon receipt of the submittals, the County and the City shall jointly and unanimously select the Consultant who shall provide the identified services. Following selection, the Parties shall Page 3 of 8 DRAFT collaborate to develop a "scope of work" as the basis of the contract with the Consultant for completion of the Plan. 7. Severability. Should any section, or portion thereof, of this Agreement be held invalid by reason of any law, statute, or regulation existing now or in the future in any jurisdiction by any court of competent authority or by a legally enforceable directive of any governmental body, such section or portion thereof will be validly referred so as to approximate the intent of the Parties as nearly as possible and, if unreformable, will be deemed divisible and deleted with respect to such jurisdiction, but the Agreement will not otherwise be affected. 8. Remedies. No remedy herein conferred upon any Party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any Party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 9. Records. Each Party shall maintain adequate records to document obligations performed under this Agreement. Subject to all applicable laws and regulations governing the records maintained in performance of this Agreement, each Party and the Washington State Auditor shall have the right to review the other Party's records with regard to the subject matter of this Agreement, upon reasonable notice. 10. Entire Agreement. This written Agreement, together with the Exhibits attached hereto, constitutes the entire and complete understanding and agreement between the Parties respecting the subject matter hereof and cancels and supersedes any and all prior and contemporaneous negotiations, correspondence, understandings, and agreements between the Parties, whether oral or written, regarding such subject matter. The Parties understand and agree that this Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto, and the provisions of the Agreement not specifically amended thereby will remain in full force and effect. 11. Governing Law and Stipulation of Venue. This Agreement has and shall be construed as having been made and delivered in the State of Washington and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions hereto shall be instituted only in courts of competent jurisdiction within Spokane County, Washington, unless relocation or commencement elsewhere is required by law. 12. Filing. This Agreement shall be filed with the Spokane County Auditor and placed on its web site or other electronically retrievable public source. 13. Notice. All notices or other communications given hereunder and sent or delivered to any PARTY at the address set forth for such below in this Section and shall be deemed given: (1) when certified mail is deposited in the United States mail, postage prepaid; or (2) on the third day following the day on which the same have been mailed by first class delivery, postage prepaid; or (3) on the day such notices or other communications are received when sent by personal delivery, Page 4 of 8 DRAFT prepaid; or (4) if it is delivered by email, when the recipient, by an email sent to the email address for the sender stated in this Agreement or by a notice delivered by another method in accordance with this section, acknowledges having received that email, with an automatic "read receipt" not constituting acknowledgment of an email for purposes of this Section. All notices, requests, approvals, consents, or other communication, which may be required by this Agreement, shall be given as follows: SPOKANE COUNTY: Doug Chase, Director Spokane County Parks, Recreation and Golf Department 404 N. Havana Street Spokane Valley, WA 99202 dchase@spokanecounty.org CITY OF SPOKANE VALLEY: John Hohman, City Manager City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 jhohman@spokanevalley.org 14. Compliance With Laws. The Parties shall observe all applicable local, state, and federal laws, regulations, orders, writs, injunctions, and/or decrees, to the extent that they may be applicable to the terms of this Agreement. 15. Force Majeure. The Parties shall not be held responsible and/or liable for any delay or failure in performance of the activities required herein when such delay or failure is due to causes beyond the control and without the fault or negligence of the County. Neither Party will be held responsible for delay or failure to perform hereunder when such delay or failure is due to fire, flood, riot, epidemic, pandemic, acts of God or the public enemy, acts of terrorism, acts of war, unusually severe weather, legal acts of public authorities, public enactments, labor disputes, or other circumstances which cannot be forecast or provided against. 16. Non -Discrimination. During the performance of this Agreement, the Parties, their employees, and agents shall not discriminate against any person on the basis of race; religion; color; sex; gender identity and expression; medical conditions related to any sensory, mental, or physical condition; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 17. Amendments. No modification or amendment to this Agreement shall be valid until the same is reduced to writing, in the form of an amendment, and executed with the same formalities as this present Agreement. 18. Waiver. No officer, employee, agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require Page 5 of 8 DRAFT at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 19. Assignment and Delegation. No Party shall assign, transfer or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the express written consent of the other Party. 20. Subcontracts. Except as otherwise provided herein, a Party shall not enter into subcontracts for any of the work to be performed under this Agreement without obtaining express written approval from the other Party to this Agreement. 21. Contract Documents. The Contract Documents consist of this Agreement and the other documents listed in this Agreement as Exhibits, and all modifications and change orders issued subsequent thereto. These form a contract and all are as fully a part of the contract as if attached to this Agreement or repeated herein. In the event of any inconsistency between the provisions of this Agreement and the documents listed below, the provisions of this Agreement will control and the order of precedence will be in the order listed. An enumeration of the contract documents is as follows: 1. This Agreement; and 2. Amendments or Modifications to this Agreement. 22. Dispute Resolution. Any dispute or controversy arising out of or relating to this Agreement, or breach thereof, shall be settled by the following procedure: Level 1: Level 2: Before entering into Level 2 or Level 3 of this Dispute Resolution Procedure ("DRP"), designated representatives of each Party shall enter into a series of meetings for the purpose of resolving the dispute or controversy. The Level 1 period shall begin when one Party gives written notice to the other by certified mail, personal, or electronic service. Such notice shall identify the dispute or controversy with particularity and state that the Party is commencing this Level 1 procedure to resolve the dispute. After receipt of such notice the Parties shall meet either in person or through electronic means. Should the dispute not be resolved within thirty (30) calendar days of the commencement of the Level 1 period, the dispute shall be advanced to Level 2. Only after the Parties have completed Level 1 of the DRP without resolving the dispute or controversy and before entering into Level 3 of the DRP, the Parties shall enter into a mediation process. Each Party shall bear its own costs in preparing for and conducting mediation, except that the joint costs, if any, of the actual mediation proceeding shall be shared equally by the Parties. The Parties shall select a mutually agreeable mediator in Spokane County, Washington to aid the Parties in resolving the dispute or controversy. The mediator shall be a licensed attorney in the State of Washington and not be an employee or former employee of either Party. The mediation shall be held at a mutually agreeable date, time, and location. The Parties shall act in good faith as to resolving disputes through mediation. Page 6 of 8 DRAFT Level 3: Only after the completion of both Levels 1 and 2 above without a satisfactory resolution of the dispute or controversy, either Party may bring suit in in the courts of competent jurisdiction within Spokane County, Washington. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing Party or Parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs, and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such Party or Parties may be entitled. 23. 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. 24. No Third -Party Beneficiaries. This Agreement is intended for the benefit of the County and City and not for the benefit of any third parties. 25. Time is of the Essence. Time is and will be of the essence for each term and provision of this Agreement. 26. Headings. The section headings appearing in this Agreement have been inserted solely for 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 appertain. 27. Cooperation. The Parties agree to cooperate and work together to the best of their abilities to effectuate the purpose of this Agreement. 28. RCW 39.34 Required Clauses A. Purpose: See Section 1, above. B. Duration: See Section 3, above. C. Organization of Separate Entity and Its Powers: See Section 2, above. D. Responsibilities of the Parties: See provisions above. E. Agreement To Be Filed: See Section 11, above. F. Financing: Each party shall be responsible for the financing of its contractual obligations under its normal budgetary process. G. Termination: See Section 3, above. H. Property Upon Termination: There will be no property transferred by any party, or acquired in furtherance of this Agreement, other than the report produced by the Consultant. Page 7 of 8 DRAFT 29. Execution and Approval. The Parties warrant that the officers/individuals executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this Agreement as of this day of 2022. CITY OF SPOKANE VALLEY: SPOKANE COUNTY: BOARD OF COUNTY COMMISSIONERS By: OF SPOKANE COUNTY, WASHINGTON John Hohman, City Manager ATTEST: MARY KUNEY, CHAIR JOSH KERNS, VICE -CHAIR Christine Bainbridge, City Clerk AL FRENCH, COMMISSIONER Approved as to form: ATTEST: Office of the City Attorney Ginna Vasquez Clerk of the Board Page 8 of 8 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 13, 2022 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: Street and Stormwater Maintenance & Repair Services Contract Renewal — 2023 Option Year GOVERNING LEGISLATION: chapter 39.04 RCW. PREVIOUS COUNCIL ACTION TAKEN: • March 10, 2020 Approved motion to execute the Street & Stormwater Maintenance Contract. • December 15, 2020 Approved motion to renew the Street & Stormwater Maintenance Contract for 2021. • December 7, 2021 Approved motion to renew the Street & Stormwater Maintenance Contract for 2022. BACKGROUND: This contract consists of asphalt repair, roadway shoulder repair and grading, gravel road grading, crack sealing, sidewalk and path repair, guardrail repair, fencing repair, drainage structure repair and installation, curb, gutter and inlet repair and installation, and other related work. The contract is based on labor, equipment and material rates. Historical average labor, equipment and material rates were used to establish estimated quantities for bidding. The City advertised for bids in early 2020. We received 2 bids and Poe Asphalt was the lowest responsive and responsible bidder. The contract award in 2020 was $1,500,000. The approved 2021 and 2022 option years were $1,515,439.95 an 1,530,307.70, respectively. The 2023 option year will be the third of four option years that may be exercised by the City. Per the contract specifications, the hourly labor rates will change based on the prevailing wage changes. Prevailing wages are required on this contract as the work is considered a "Public Work." The hourly increase in prevailing wages per work classification is 2.01 % to 10.97%. The estimated increases in hourly labor rates based on estimated hours is $36,673.07. The 2023 contract based on hourly rate increases is $1,566,980.77. Equipment and material rates stay constant for each option year exercised. Poe has provided a good level of service throughout the 2022 contract year and staff recommends exercising the 2023 option year contract. OPTIONS: 1) Renew the maintenance and repair contract, 2) not renew the contract, or 3) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve the 2023 contract renewal to Poe Asphalt Paving Inc. in an amount not to exceed $1,566,980.77 for street and stormwater maintenance and repair service and authorize the City Manager to finalize and execute the contract. BUDGET/FINANCIAL IMPACTS: This contract is included in the 2023 budget and will be financed from Fund #101 Street Fund and Fund #402 Storm Management Fund. STAFF CONTACT: Bill Helbig, Community & Public Works Director ATTACHMENTS: Contract Renewal Letter Contract Prevailing Wage Rates (2023) 0'N, jaiy 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org Email: cityhall@spokanevalley.org December 14, 2022 Contract No. 19-162.05 Poe Asphalt Paving, Inc. 2732 North Beck Road Post Falls, ID 83854 Re: Implementation of 2023 option year, Agreement for Street and Stormwater Maintenance and Repair Services, Contract number 19-162, executed March 13, 2020. Dear Mr. Poe, The City executed an Agreement for provision of Street and Stormwater Maintenance and Repair Services on March 13th, 2020, by and between the City of Spokane Valley, hereinafter "City", and Poe Asphalt Paving, Inc. hereinafter "Contractor" and jointly referred to as "Parties." The original Agreement states that it was for one year, with four optional one-year terms possible if the parties mutually agree to exercise the options each year. This is the third of four possible option years that can be exercised and runs through December 31, 2023. The city would like to exercise the 2023 option year of the Agreement. The increase in Compensation as outlined in Exhibit A to the Agreement, includes the labor and material cost negotiated and shall not exceed $1,566,980.77. The history of the annual renewals, including dollar amounts, is set forth as follows: Original contract amount ..$ 1,500,000.00 2021 Renewal $ 1,515,439.95 2022 Renewal $ 1,530,307.70 2023 Renewal $ 1,566,980.77 All of the other contract provisions contained in the original Agreement shall remain in place and remain unchanged in exercising this option year. If you agree with exercising the 2023 option year, please sign below to acknowledge the receipt and concurrence to perform the 2023 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY POE ASPHALT PAVING, INC. John Hohman, City Manager Name Title ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office of the City Attorney Street and Stormwater Maintenance and Repair Services Contract Exhibit A Spokane Valley �� SCHEDULE A - REGULAR HOURS Poe Asphalt Paving Item # Trade Occupation Hours 2023 Rate Increase 2023 Rate 2023 Total 1 *** Superintendent 300 $ 1.50 $76.07 $22,821.00 2 *** Foreman 300 $ 1.50 $73.67 $22,101.00 3 Cement Masons Journey Level 240 $ 6.00 $74.29 $17,829.60 4 Fence Erectors Fence Erector 20 $ 3.58 $51.72 $1,034.40 5 Flaggers Journey Level 2000 $ 2.94 $54.94 $109,880.00 6 Laborers General Laborer 2400 $ 3.58 $63.91 $153,384.00 7 Laborers Asphalt Raker 120 $ 3.62 $65.29 $7,834.80 8 Laborers Concrete Crewman 220 $ 3.58 $67.88 $14,933.60 9 Laborers Guard Rail 10 $ 3.58 $71.58 $715.80 10 Laborers Pipelayer 130 $ 3.62 $68.50 $8,905.00 11 Laborers Traffic Control Supervisor 40 $ 4.68 $57.68 $2,307.20 12 Power Equipment Operators Blade(finish & bluetop) 200 $ 4.14 $74.44 $14,888.00 13 Power Equipment Operators H.D. Mechanic 30 $ 4.14 $74.48 $2,234.40 14 Power Equipment Operators Paving Machine 200 $ 4.12 $74.09 $14,818.00 15 Power Equipment Operators Rollerman 400 $ 4.12 $74.09 $29,636.00 16 Power Equipment Operators Screed Operator 200 $ 4.12 $74.09 $14,818.00 17 Power Equipment Operators Power Broom 90 $ 4.02 $73.99 $6,659.10 18 Power Equipment Operators Backhoes & Hoe Ram 30 $ 4.41 $74.38 $2,231.40 19 Power Equipment Operators Vactor Guzzler, Super Sucker 10 $ 4.12 $60.34 $603.40 20 Power Equipment Operators Roto Mill 90 $ 4.12 $74.09 $6,668.10 21 Power Equipment Operators Posthole Auger or Punch 10 $ 4.07 $78.27 $782.70 22 Power Equipment Operators Backhoe (45,000 GW & under) 380 $ 4.10 $74.07 $28,146.60 23 Truck Drivers Dump Truck (E. WA-690) 900 $ 5.72 $73.58 $66,222.00 24 Truck Drivers Dump Truck & Trailer (E. WA-690) 500 $ 5.55 $73.41 $36,705.00 25 Truck Drivers Other Trucks (E. WA-690) 30 $ 5.72 $72.93 $2,187.90 26 Truck Drivers Transit Mixer 10 $ 5.89 $59.58 $595.80 Schedule A Regular Hours $588,942.80 SCHEDULE B - OVERTIME HOURS Estimated Item # Trade Occupation OT Hours Rate Increase 2023 Rate 2023 Total 27 *** Superintendent 50 $ 2.25 $84.82 $4,241.00 28 *** Foreman 50 $ 2.25 $82.82 $4,141.00 29 Cement Masons Journey Level 20 $ 9.00 $98.99 $1,979.80 30 Fence Erectors Fence Erector 5 $ 5.37 $77.59 $387.95 31 Flaggers Journey Level 50 $ 4.41 $71.91 $3,595.50 32 Laborers General Laborer 75 $ 5.37 $73.24 $5,493.00 33 Laborers Asphalt Raker 25 $ 5.43 $74.98 $1,874.50 34 Laborers Concrete Crewman 20 $ 5.37 $90.79 $1,815.80 35 Laborers Guard Rail 5 $ 5.37 $107.37 $536.85 36 Laborers Pipelayer 15 $ 5.43 $102.82 $1,542.30 37 Laborers Traffic Control Supervisor 5 $ 7.02 $77.42 $387.10 38 Power Equipment Operators Blade(finish & bluetop) 20 $ 6.21 $84.75 $1,695.00 39 Power Equipment Operators H.D. Mechanic 5 $ 6.21 $84.79 $423.95 40 Power Equipment Operators Paving Machine 20 $ 6.18 $84.30 $1,686.00 41 Power Equipment Operators Rollerman 40 $ 6.18 $84.30 $3,372.00 42 Power Equipment Operators Screed Operator 20 $ 6.18 $84.30 $1,686.00 43 Power Equipment Operators Power Broom 10 $ 6.03 $84.15 $841.50 44 Power Equipment Operators Backhoes & Hoe Ram 5 $ 6.62 $84.74 $423.68 45 Power Equipment Operators Vactor Guzzler, Super Sucker 5 $ 6.18 $90.51 $452.55 46 Power Equipment Operators Roto Mill 5 $ 6.18 $84.30 $421.50 47 Power Equipment Operators Posthole Auger or Punch 5 $ 6.11 $117.41 $587.03 48 Power Equipment Operators Backhoe (45,000 GW & under) 30 $ 6.15 $84.27 $2,528.10 49 Truck Drivers Dump Truck (E. WA-690) 5 $ 8.58 $83.14 $415.70 50 Truck Drivers Dump Truck & Trailer (E. WA-690) 40 $ 8.33 $82.89 $3,315.40 51 Truck Drivers Other Trucks (E. WA-690) 10 $ 8.58 $82.32 $823.20 52 Truck Drivers Transit Mixer 5 $ 8.84 $87.79 $438.93 Schedule B - Overtime Hours $45,105.33 Additonal Contract Wages 2023 Option Year $33,705.70 Regular Hour Wages $2,967.38 OT Wages $36,673.07 Total Wages Increase Spokane ��Va11ey Street and Stormwater Maintenance and Repair Services Contract Contract #19-162 2023 Rates Item # Trade Occupation 2022 2023 Increase % Inc 1 *** Superintendent $ 74.57 $ 76.07 $ 1.50 2.01% 2 *** Foreman $ 72.17 $ 73.67 $ 1.50 2.08% 3 Cement Masons Journey Level $ 68.29 $ 74.29 $ 6.00 8.79% 4 Fence Erectors Fence Erector $ 48.14 $ 51.72 $ 3.58 7.44% 5 Flaggers Journey Level $ 52.00 $ 54.94 $ 2.94 5.65% 6 Laborers General Laborer $ 60.33 $ 63.91 $ 3.58 5.93% 7 Laborers Asphalt Raker $ 61.67 $ 65.29 $ 3.62 5.87% 8 Laborers Concrete Crewman $ 64.30 $ 67.88 $ 3.58 5.57% 9 Laborers Guard Rail $ 68.00 $ 71.58 $ 3.58 5.26% 10 Laborers Pipelayer $ 64.88 $ 68.50 $ 3.62 5.58% 11 Laborers Traffic Control Supervisor $ 53.00 $ 57.68 $ 4.68 8.83% 12 Power Equipment Operators Blade(finish & bluetop) $ 70.30 $ 74.44 $ 4.14 5.89% 13 Power Equipment Operators H.D. Mechanic $ 70.34 $ 74.48 $ 4.14 5.89% 14 Power Equipment Operators Paving Machine $ 69.97 $ 74.09 $ 4.12 5.89% 15 Power Equipment Operators Rollerman $ 69.97 $ 74.09 $ 4.12 5.89% 16 Power Equipment Operators Screed Operator $ 69.97 $ 74.09 $ 4.12 5.89% 17 Power Equipment Operators Power Broom $ 69.97 $ 73.99 $ 4.02 5.75% 18 Power Equipment Operators Backhoes & Hoe Ram $ 69.97 $ 74.38 $ 4.41 6.30% 19 Power Equipment Operators Vactor Guzzler, Super Sucker $ 56.22 $ 60.34 $ 4.12 7.33% 20 Power Equipment Operators Roto Mill $ 69.97 $ 74.09 $ 4.12 5.89% 21 Power Equipment Operators Posthole Auger or Punch $ 74.20 $ 78.27 $ 4.07 5.49% 22 Power Equipment Operators Backhoe (45,000 GW & under) $ 69.97 $ 74.07 $ 4.10 5.86% 23 Truck Drivers Dump Truck (E. WA-690) $ 67.86 $ 73.58 $ 5.72 8.43% 24 Truck Drivers Dump Truck & Trailer (E. WA-690) $ 67.86 $ 73.41 $ 5.55 8.18% 25 Truck Drivers Other Trucks (E. WA-690) $ 67.21 $ 72.93 $ 5.72 8.51% 26 Truck Drivers Transit Mixer $ 53.69 $ 59.58 $ 5.89 10.97% CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 13, 2022 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: Street Sweeping Service Contract — 2023 Option Year Renewal GOVERNING LEGISLATION: RCW chapter 39.04; RCW 90.48; Chapter 173-200 WAC; Title 33 U.S.C. 1251-1376 PREVIOUS COUNCIL ACTION TAKEN: • February 25, 2020 Approved motion to execute Street Sweeping Services Contract. • December 15, 2020 Approved motion to renew the Street Sweeping Services Contract for 2021. • December 7, 2021 Approved motion to renew the Street Sweeping Services Contract for 2022. BACKGROUND: In 2019, City staff prepared a Request for Bid for Street Sweeping Services and received a bid proposal from AAA Sweeping. The proposal was reviewed by staff and found to be responsible and acceptable. Council awarded the bid to AAA Sweeping, LLC. This contract may be extended up to four additional one year terms if mutually agreed by both parties. This will be the third of four renewal terms that may be exercised by the City. The contract award in 2020 was $560,000, the approved 2021 option year was $567,840, and the 2022 option year was $584,875.20. The 2023 option year contract amount will be $602,422.00. Upon request by the Contractor, contract specifications note that the City and Contractor may negotiate a rate increase for each option year exercised but shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is smaller. The CPI-U increased 7.7% for the contract specified period. The Contractor requests a 3.0% hourly rate increase based on the following items: • Prevailing wage rates increased from 7.99% to 11.78%; and, • Fuel Price increases. Staff verified that the 3.0% rate increase is reasonable based on increases in wages, benefits and business insurance. AAA Sweeping provided a good level of service throughout the 2022 contract year and staff recommends exercising the 2023 option year with the 3.0% hourly rate increase and the renewal amount will also reflect the 3.0% increase to the contract. OPTIONS: 1) Renew the Street Sweeping contract, 2) not renew the contract, or 3) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve the 2023 contract renewal to AAA Sweeping in an amount not to exceed $602,422.00 for street sweeping and authorize the City Manager to finalize and execute the contract. BUDGET/FINANCIAL IMPACTS: This contract is included in the 2023 budget and will be financed from Fund #101 Street Fund and Fund #402 Storm Management Fund. STAFF CONTACT: Bill Helbig, Community & Public Works Director ATTACHMENTS: Contract Renewal Letter j� 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org Email: cityhall@spokanevalley.org December 14, 2022 Contract No. 19-161.03 AAA Sweeping, LLC PO Box 624 Veradale, WA 99037 Re: Implementation of 2023 option year, Agreement for Street Sweeping Services, Contract number 19-161, executed February 27, 2020. Dear Mr. Sargent: The City executed an Agreement for provision of Street Sweeping Services on February 27, 2020, by and between the City of Spokane Valley, hereinafter "City", and AAA Sweeping LLC, hereinafter "Contractor" and jointly referred to as "Parties." The original Agreement states that it was for one year, with four optional one-year terms possible if the parties mutually agree to exercise the options each year. This is the third of four possible option years that can be exercised and runs through December 31, 2023. The city would like to exercise the 2023 option year of the Agreement. The Compensation as outlined in Exhibit A, to the Agreement, includes the labor and material cost negotiated and shall not exceed $602,422.00. The history of the annual renewals, including dollar amounts, is set forth as follows: Original contract amount $ 560,000.00 2021 Renewal $ 567,840.00 2022 Renewal $ 584,875.20 2023 Renewal $ 602,422.00 All of the other contract provisions contained in the original Agreement shall remain in place and remain unchanged in exercising this option year. If you agree with exercising the 2023 option year, please sign below to acknowledge the receipt and concurrence to perform the 2023 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY AAA SWEEPING, LLC John Hohman, City Manager Name Title ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office of the City Attorney Exhibit A — 2023 Hourly Rates Street Sweeping Services Task/Item Unit 2022 Hourly Rate 2023 Hourly Rate Sweeping, Mechanical Type Hour $172.93 $178.11 Sweeping, Regenerative Air Type Hour $172.85 $178.04 Sweeping, High Efficiency Vacuum Type Hour $172.77 $177.96 Water Truck or Truck Mounter Power Washer Hour $129.47 $133.36 Foreman Hour $60.96 $62.78 Dump Truck Hour $128.89 $132.76 Loader Hour $123.01 $126.70 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 13, 2022 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: 2023 CenterPlace Food Services Contract Update GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Approval of original 2009 contract and subsequent 2017 contract; admin report December 6, 2022. BACKGROUND: CenterPlace began utilizing an in-house caterer for food and beverage services in 2009. This has proven to be a beneficial service to our customers and one that continues to receive positive feedback. The current CenterPlace food and beverage contract with Le Catering expires on December 31, 2022. While overall CenterPlace operations are being evaluated by outside consultants and staff, the Parks and Recreation Department is interested in extending the contract for Le Catering to continue to provide food and beverage services at CenterPlace for the duration of 2023. Minor changes to the contract are proposed for 2023 to reflect current practices between the parties, to increase the annual amount paid by the contractor into a kitchen equipment reserve fund, and to provide additional revenues to the City in instances of approved off -site events that are prepared by Le Catering using CenterPlace facilities. OPTIONS: Move to approve the contract as presented; or take other appropriate action.. RECOMMENDED ACTION OR MOTION: Move to approve the Agreement for CenterPlace Food & Beverage Services with Le Catering Company, and authorize the City Manager to finalize and execute the same. BUDGET/FINANCIAL IMPACTS: None. The contract will provide additional revenue to the City. STAFF CONTACT: John Bottelli, Parks & Recreation Director ATTACHMENTS: Mark-up and Clean Copy of proposed 2023 Contract EXHIBIT 1 SCOPE OF SERVICES 1. Food Services A. Contractor shall make sales of foods and beverages, including alcoholic beverages, and provide associated food and beverage services (collectively "food services") for local and regional groups which utilize CenterPlace Regional Event Center, as provided herein. B. Contractor shall provide a catering team that includes an executive chef and designated sales person exclusive dedicated to CenterPlace and they shall not provide services at any other venue by utilizing this staff or any of the facilities at CenterPlace unless approved in writing beforehand by the City. C. Contractor shall provide examples of menus with various pricing strategies to meet the needs of CenterPlace guests. D. Contractor shall at all times maintain a high level of customer service and high quality of food and food service. E. Contractor shall inspect and monitor its own products and service levels by its staff. F. Contractor and the City shall develop a communication and meeting schedule that is mutually agreeable. a. A representative of Contractor shall communicate or be available for communication on ongoing and upcoming events with the City on a daily basis during business hours of CenterPlace. Contractor's representative shall be available for contact by the City by phone. b. Contractor shall provide an outside phone line and maintain it throughout the duration of this agreement for CenterPlace customer food service inquires. G. Contractor shall provide food services that range from traditional continental breakfasts to full - service multi -course dinners. Such services shall be of a type that may range from formal (e.g., wedding) to informal (e.g., birthday party or conference) settings. H. Contractor shall be available to provide services at the facility during all hours CenterPlace is open as may be required to provide the services described herein. I. Contractor shall perform all services under this Agreement being mindful of and not interrupting the ongoing public use of CenterPlace. Contractor and its employees and staff shall be courteous and respectful to all clientele and staff of CenterPlace at all times. J. Contractor shall hold and maintain a Washington State Master Business license with a spirits license at the time of the award of this contract. K. CenterPlace staff shall set up, arrange and cover with tablecloth the tables and chairs for banquet food services. The tables, chairs and related food service equipment or materials shall be clean, in good working order and quality. Should Contractor be required to provide persons to assist in setting up, taking down, dishes, etc. the City agrees to pay the reasonable cost for such persons as mutually agreed. L. Contractor shall, as may be requested by the City, open concession stands during events, provided CenterPlace shall not request the Contractor to open a concession stand more than two hours in advance of any event. M. Contractor shall provide uniforms to be approved by the Director and shall require its employees to wear such uniforms at all events at CenterPlace. Exhibit 1 — Page 1 of 3 N. Contractor shall respond to any CenterPlace caterer or event referral within 24 hours or the next business day. O. The City shall have access on a quarterly basis to review any customer satisfaction surveys conducted by Contractor. P. The Contractor shall not utilize any employees at CenterPlace who have felony convictions in the past five years, or who have felony convictions involving theft or dishonesty, or which would be classified as a sexual offense without limitation on date of conviction. 2. Exclusivity Contractor shall have the exclusive right to provide food services to guests and users of CenterPlace during Monday through Saturday during standard operating hours; provided that guests and users may bring small amounts of food and beverages (e.g., pastry tray and coffee) for meetings and small gatherings of 20 attendees or less. On Sundays, guests and users of CenterPlace may provide their own food or work with our caterer to provide food services for their events or gatherings; provided, however, the kitchen shall not be available for guest or outside caterer use and shall only be available for use by Contractor. 3. Special Events The City reserves the right to permit an event to sell and/or give away food and beverages or allow a home- made potluck in connection with a Special Event for up to six Special Events in CenterPlace during each calendar year, subject to the discretion of the Director. In such events, the kitchen will not be available for use by the Special Event participants. 4. Kitchen Use Contractor shall have sole use of the kitchen at the CenterPlace facility except that CenterPlace staff shall have access to the kitchen for warming meals, obtaining ice, brewing coffee, storing lunches, etc. No other outside use ofthe kitchen is permitted with the exception of trade shows or food shows that require use of the space. In that event a reasonable fee would be paid by the third party customer for limited use and would by supervised by Contractor staff. Outside groups are allowed to bring their own food into the building on Sundays but would have no access to the kitchen. 5. CenterPlace Agent During the term of this agreement, Contractor shall provide a full-time Executive chef and a full-time catering sales person to handle planning and sales of food services for CenterPlace. 6. Weddings Weddings that take place at CenterPlace on Sundays shall may utilize the CenterPlace caterer to prepare and serve food to guests. The Contractor shall work directly with these weddings to serve culturally - authentic dishes to these customers. 7. Kitchen Cleaning During the terra of this agreement, Contractor shall be responsible for cleaning the kitchen. The kitchen shall be maintained in good condition at all times and meeting all health requirements. Duties include, at a minimum, the following: • Daily Cleaning o Collect and properly dispose of all kitchen grease. Exhibit 1 — Page 2 of 3 o Remove any dishes from walk-in cooler and wash, which will require Contractor and CenterPlace staff sharing the area at times. o Put away any cooking utensils and/or appliances. o Spot clean hard surfaces and counters. o Clean Dish Pit area after use, including interior of dish machine. Remove any and all food debris from interior and exterior strainers. Contractor is not responsible for Meals on Wheels mess. o Power down dish machine after use and inspect for damage or irregular conditions. Report these to CenterPlace staff. o Turn off any fans, equipment or appliances. o Remove mats from the floor. o Report any damage or malfunctioning equipment. • Clean and Shine Weekly o Wipe down all hard surfaces, top to bottom. o Shine stainless steel tables, shelving and appliances. o Wipe down appliance doors, handles and shelving. o Wipe down and clean exterior and interior of garbage cans. • Monthly o Spot clean interior of appliances. o Clean stovetop oven. • Quarterly o Deep clean stovetop and grill, to include any catch basins or pans. o Clean hood filters above the grilling area. o Clean grill. • Bi-Annually o Shine stainless steel hood systems interior and exterior. o Deep clean interior and exterior of appliances, to include racks. • Yearly o De -grease and detail the entire kitchen (excluding floors) to include walls, appliances and walk-in coolers. • CenterPlace Janitorial Contractor o Will be responsible to clean the kitchen restroom, damp mop the kitchen floor twice a week November to April and four times a week May to October and twice a week they will degrease the kitchen floor. o Will be responsible to empty all garbage cans. • CenterPlace Staff o Will be responsible for the cleaning and upkeep of the ice machine. Exhibit 1 — Page 3 of 3 EXHIBIT 2 EVENT PRICING Upon the effective date of this Agreement, the Contractor shall submit to the City, for approval by the Director, the menus and prices of primary food and beverage items which shall be utilized by Contractor during the term of this Agreement. This submittal is not intended to be a complete list of the menu and beverage items which may be served by Contractor during the term of this Agreement. The Parties agree that Contractor may create additional menu items to be added from time to time by Contractor in response to customer demand. Contractor shall exercise its best efforts to maintain a pricing practice consistent with the pricing set forth at the commencement of the Agreement. Contractor shall maintain records supporting the prices charged for new menu and beverage items. The Director reserves the exclusive right to review and approve the cost of providing food services under this Agreement, which specifically includes the prices charged for food, beverages, concessions and catering. Contractor, pursuant to its reasonable business judgment and in consideration of prevailing market conditions in similar facilities located in the Spokane region, may request that the Director approve food, beverage, concession and catering price changes with such approval by the Director subject to his reasonable discretion. To support a requested price change, Contractor shall provide the Director with a written request, identifying the current and proposed prices, a survey of the prices charged in similar types of facilities within comparable markets, and such other information deemed relevant by the Director. Unless agreed otherwise, price changes shall be effective 30 days following approval by the Director. Exhibit 2 — Page 1 of 1 EXHIBIT 3 COMPENSATION TERMS 1. Payment. The Contractor —agrees to pay the City a commission equal to the percentage of monthly Adjusted Gross Receipts for the following areas: 1) Food at 15 % for the Great Room, Small Dining Room, Fireside Lounge, and all conference rooms; and 2) Alcohol at 5% for the Great Room, Small Dining Room, Fireside Lounge, and all conference rooms; and 3) 5%0 of any and all outside venue services prepared using any of the facilities at CenterPlace. Corkage Fee for client -provided wine is $5 per bottle. Contractor shall submit monthly commission reports detailing the breakdown of food and alcohol percentages owed the City for each event. These commissions were negotiated from the amounts quoted in Contractor's response to the RFP to levels that are mutually agreeable. 2. Kitchen Equipment Reserve. Contractor shall pay the City $3 6004,200 annually to be placed into a reserve fund to be used for repair and maintenance to the kitchen equipment at CenterPlace, Payment shall be made by check to the City within 45 days after the effective date of this Agreement. Contractor shall work with CenterPlace staff to assist in coordination of preventive maintenance programs for the kitchen equipment. CenterPlace agrees to keep the inventory of the kitchen the same as it is at the commencement of this Agreement. 3. Date / Form of Payment. The percentage of each month's Adjusted Gross Receipts shall be computed and payment of the appropriate percentage sum shall be made within 40 days of month end. Payment shall be made to the City by delivery of a check to the Director. 4. Accounting Records. Contractor shall maintain accounting records in accordance with generally accepted accounting principles and shall report gross revenues and Adjusted Gross Receipts to the City. Reporting of Contractor business activity in CenterPlace shall be monthly and shall separately set forth each activity. 5. Adjusted Gross Receipts. For purposes of this Agreement, "Adjusted Gross Receipts" equals the total gross revenue received by Contractor for services provided pursuant to this Agreement, excluding any applicable sales taxes, any standard hospitality service charges, and any service charges or premiums charged in connection with the use of credit or debit cards. Contractor shall, within 90 days of the termination date of this Agreement, submit to the City a statement of total Adjusted Gross Receipts and the rents payable thereon for the Adjusted Gross Receipts for the term of this Agreement, which statement shall be accompanied by an opinion of a certified or licensed public accountant. Exhibit 3 Page 1 of 1 EXHIBIT 4 FACILITY ACCESS AND USE 1. The Contractor is granted exclusive permission to use and enter designated areas of CenterPlace Regional Event Center for the provision of food services as provided in this Agreement. The City shall permit Contractor to occupy the food service area for the purposes set forth in this Agreement. The food service area shall mean those areas in CenterPlace which are designated or otherwise authorized by the Director to be used for the operation of food services, which include, but are not limited to, the kitchen, banquet areas, classrooms, Fireside Lounge or other small meeting rooms where food and beverages may be consumed. 2. The City shall have the right to make inspections of the food service area to ensure compliance with this Agreement. Further, the City reserves the right of ingress and egress through the food service area for the purpose of operating, maintaining and inspecting CenterPlace. Contractor shall return the facilities to a clean and sanitary condition at the end of each event. 3. In addition to the indemnification provided in Section 13 of the Agreement, in the event of third party damage or vandalism not the result of the negligence of Contractor, the City shall bear the cost of repair to CenterPlace and City -owned furnishings, fixtures, and equipment, and Contractor shall bear its costs of repair to its facilities and equipment including fixtures and furnishings that may have been installed by Contractor pursuant to this Agreement. 4. Within 30 days from the effective date of this Agreement, Contractor shall provide to the City an inventory of all furnishings, fixtures, or other items of personal property used or to be used by Contractor in providing food services. As of the date of this Agreement, the City has identified the following as its inventory of City kitchen furnishings, fixtures, and equipment: 1. 1-Bunn o Matte large coffee maker , 6 gallon capacity Model # U3 2. 2-Walk in coolers American Panel 3. 1-Walk in Freezer American Panel 4. Amana Commercial Microwave Model # RC17S 5. Hobart Commercial Dishwasher Model # D300-5036B 6. FryMaster Commercial Fryer Model # MJ45E-SC 7. 2- F.W.E Food Warming Mobile Carts Model # UHS-4 Model # PST-16 8. 1-Manitowoc Ice Machine Model # SY-0854A 9. 1-Globe Food Slicer Model # 4600 10. 1- Hobart Commercial Mixer Model # D300-5036B 11. Star Conveyor Toaster Model # QCS2-500 12. 1- Delfeld Drop In Hot Food Well Model # N8745-D 13. 1-Delfield Refrigerated Equipment Stand Model # F2875 Exhibit 4 -- Page 1 of 2 14. 1-Delfield Reach In Cooler Model # 4448N-12 15. 1- Hatco Glo Ray Food Warmer Model # GRAH-72 16. 1-Robot Coupe Commercial Food Processor Model # RX6 17. 1-Salvajor Commercial Disposer Model # 200-SA-MRSS 18. 1-Wells Free Standing Drawer Warmer Model # RW-2 19. 6- Wolf Commercial Convection Ovens Model #WKGD- 10 20. 1-Wolf Commercial Griddle Model # VT48-11 21. 1-Wolf Commercial Broiler Model # VC24-18 22. 1-Wolf Commercial Stove Top With Oven 23. 1-Wolf Commercial Salamander Broiler 24. 1-Rational Self Cooking Center Model # SCC-202 25. 2-BrewMatic Airpot Coffee Brewers Model # 1010546 26. 1-Duke Commercial Steam Table Model # DC-EP304-28SS-M 27. 1-Duke Commercial Cold Food Table Model # DC-327-25SS-N7-M Upon termination of this Agreement, each of the Parties shall retain their respective furnishings, fixtures, and equipment. Contractor shall identify any necessary repair or maintenance that is required, or damage caused by someone other than the Contractor to City furnishings during the term of this Agreement. Upon termination of this Agreement, any damage to City inventory shall be presumed to have been caused by Contractor unless otherwise identified by the Contractor as provided above, and City may require Contractor to pay for all costs of repair at Contractor's sole expense. 5. Contractor shall have access and use of Rooms 133, 134, and 138, and 145 for their office and dry storage needs as well as use of one refrigerator and freezer. Contractor and City shall also coordinate for shared use of room 146B as needed for storage. 6. Keys for access to CenterPlace shall be issued to Contractor by the Director as necessary to allow for efficient event preparation. Exhibit 4 — Page 2 of 2 DRAFT AGREEMENT FOR CENTERPLACE FOOD & BEVERAGE SERVICES Eat Good Group LLC, DBA Le Catering Company THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Eat Good Group LLC, DBA Le Catering Company, hereinafter "Contractor," sometimes jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Grant of Catering/Concessions Privilege. The City grants Contractor exclusive authority for the sale of food and beverages, including alcoholic beverages, and provision of food and beverage services associated with such sales (collectively "food services") within CenterPlace as set forth in the Scope of Services, attached as Exhibit 1 and incorporated herein by reference, and more specifically as set forth immediately below. A. Events Booked after the Termination Date of this Agreement. Contractor agrees it shall not collect any fee or deposit from any third party for any event at CenterPlace that is booked for a date after the termination date of this Agreement, unless authorized in writing by the Parks and Recreation Director (the "Director"). B. Special Events. The City reserves the right to permit an event to sell and/or give away food and beverages or allow a home-made potluck in connection with Special Event for up to six Special Events in CenterPlace during each calendar year, subject to the discretion of the Director. C. Administration. The Director or designee shall administer and be the primary contact for Contractor. D. Representations. The City has relied upon the qualifications of the Contractor in entering into this Agreement. By execution of this Agreement, Contractor represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the services contracted for. No substitutions of agreed -upon personnel shall be made without the written consent of the City. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. E. Modifications. The City may modify this Agreement whenever necessary or advisable. The Contractor shall accept modifications when ordered in writing by the Director or designee. Compensation for such modifications or changes shall be as mutually agreed between the Parties. 2. Term of Contract. This Agreement shall be in full force and effect beginning January 1, 2023, and shall terminate 12:59 p.m. on December 31, 2023.. Either Party may terminate this Agreement by at least 90 days' written notice to the other Party. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. Contractor shall fulfill all contracts with third parties booked at CenterPlace prior to termination as called for in this paragraph. 1 DRAFT 3. Event Pricing/Compensation. A. Event Pricing. Event pricing by the Contractor shall be as set forth in the Event Pricing, which is attached as Exhibit 2 and incorporated herein by reference. B. Compensation. Payment by the Contractor shall be as set forth in the Compensation Terms, which is attached as Exhibit 3 and incorporated herein by reference. 4. Facilities Access and Use. Access and use to the facilities shall be as set forth in Exhibit 4, which is attached and incorporated herein by reference. 5. Payment. The City shall be paid as set forth in Exhibit 3. 6. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Phone Number: (509) 720-5000 Address: 10210 East Sprague Ave. Spokane Valley, WA 99206 Name: Eat Good Group LLC, DBA Le Catering Co. Phone Number: (509) 210-0880 Address: 24001 E. Mission Ave, Ste. 190 Liberty Lake, WA 99019 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Contractor warrants that its designs, documents, and services shall conform to all federal, state, and local statutes and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 2 DRAFT 9. Relationship of the Parties. It is understood, agreed, and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City; that the City is interested in only the results to be achieved; and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of the Contractor. Any and all employees who provide services to the City under this Agreement shall be deemed employees solely of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 10. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Contractor under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Contractor shall have no liability for the use of Contractor's work product outside of the scope of its intended purpose. 11. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 12. Compliance with Leasehold Excise Tax The Lessee hereby acknowledges that it is responsible for paying the "Leasehold Excise Tax," pursuant to chapter 82.29A RCW, as now or hereinafter amended, which is applicable to this Agreement. The Lessee shall be solely responsible for paying such tax to the City, and shall also be responsible for representing itself in any challenge to the amount of such tax that the Washington State Department of Revenue determines is due or any penalty associated with the tax. The Lessee agrees to promptly pay when due all taxes, rates, charges and assessments, special or otherwise and public charges of very kind and nature which may be lawfully imposed or assessed in any way on the Lessee with reference to the Premises. 13. Contractor to provide performance bond. Contractor shall provide a performance bond in the amount of $50,000 on the City's bond forms. 14. Insurance. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for the City. 3 DRAFT 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Liquor liability insurance in the amount of $1,000,000 each occurrence. The City is to be named as an additional insured on the liquor liability insurance. Host liquor liability coverage may be substituted when alcohol is consumed and not sold on premises with the prior written approval of the City. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability, and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to the City Clerk at the time Contractor returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. 15. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually 4 DRAFT negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 16. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 17. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other Party. 18. Subcontracts. Except as otherwise provided herein, the Contractor shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. 19. Confidentiality. Contractor may, from time to time, receive information which is deemed by the City to be confidential. Contractor shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. 20. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Contractor shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Contractor agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Contractor's services under this Agreement. Contractor further agrees that the Arbitrator(s) decision therein shall be final and binding on Contractor and that judgment may be entered upon it in any court having jurisdiction thereof. 21. Cost and Attornev's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 22. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 23. 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 this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 24. Business Registration. Prior to commencement of work under this Agreement, Contractor shall register with the City as a business. 25. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 26. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Exhibit 1 - Scope of Services 2. Exhibit 2 - Event Pricing 5 DRAFT 3. Exhibit 3 - Compensation Terms 4. Exhibit 4 - Facilities Access and Use 5. Insurance Certificates 6. Copy of RFP The Parties have executed this Agreement this day of December, 2022. CITY OF SPOKANE VALLEY Contractor: John Hohman, City Manager By: Its: Authorized Representative ATTEST: APPROVED AS TO FORM: Christine Bainbridge, City Clerk Office of the City Attorney EXHIBIT 1 SCOPE OF SERVICES 1. Food Services A. Contractor shall make sales of foods and beverages, including alcoholic beverages, and provide associated food and beverage services (collectively "food services") for local and regional groups which utilize CenterPlace Regional Event Center, as provided herein. B. Contractor shall provide a catering team that includes an executive chef and designated sales person dedicated to CenterPlace and they shall not provide services at any other venue by utilizing this staff or any of the facilities at CenterPlace unless approved in writing beforehand by the City. C. Contractor shall provide examples of menus with various pricing strategies to meet the needs of CenterPlace guests. D. Contractor shall at all times maintain a high level of customer service and high quality of food and food service. E. Contractor shall inspect and monitor its own products and service levels by its staff. F. Contractor and the City shall develop a communication and meeting schedule that is mutually agreeable. a. A representative of Contractor shall communicate or be available for communication on ongoing and upcoming events with the City on a daily basis during business hours of CenterPlace. Contractor's representative shall be available for contact by the City by phone. b. Contractor shall provide an outside phone line and maintain it throughout the duration of this agreement for CenterPlace customer food service inquires. G. Contractor shall provide food services that range from traditional continental breakfasts to full - service multi -course dinners. Such services shall be of a type that may range from formal (e.g., wedding) to informal (e.g., birthday party or conference) settings. H. Contractor shall be available to provide services at the facility during all hours CenterPlace is open as may be required to provide the services described herein. I. Contractor shall perform all services under this Agreement being mindful of and not interrupting the ongoing public use of CenterPlace. Contractor and its employees and staff shall be courteous and respectful to all clientele and staff of CenterPlace at all times. J. Contractor shall hold and maintain a Washington State Master Business license with a spirits license at the time of the award of this contract. K. CenterPlace staff shall set up, arrange and cover with tablecloth the tables and chairs for banquet food services. The tables, chairs and related food service equipment or materials shall be clean, in good working order and quality. Should Contractor be required to provide persons to assist in setting up, taking down, dishes, etc. the City agrees to pay the reasonable cost for such persons as mutually agreed. L. Contractor shall, as may be requested by the City, open concession stands during events, provided CenterPlace shall not request the Contractor to open a concession stand more than two hours in advance of any event. M. Contractor shall provide uniforms to be approved by the Director and shall require its employees to wear such uniforms at all events at CenterPlace. N. Contractor shall respond to any CenterPlace caterer or event referral within 24 hours or the next business day. Exhibit 1 — Page 1 of 3 O. The City shall have access on a quarterly basis to review any customer satisfaction surveys conducted by Contractor. P. The Contractor shall not utilize any employees at CenterPlace who have felony convictions in the past five years, or who have felony convictions involving theft or dishonesty, or which would be classified as a sexual offense without limitation on date of conviction. 2. Exclusivity Contractor shall have the exclusive right to provide food services to guests and users of CenterPlace during Monday through Saturday during standard operating hours; provided that guests and users may bring small amounts of food and beverages (e.g., pastry tray and coffee) for meetings and small gatherings of 20 attendees or less. On Sundays, guests and users of CenterPlace may provide their own food or work with our caterer to provide food services for their events or gatherings; provided, however, the kitchen shall not be available for guest or outside caterer use and shall only be available for use by Contractor. 3. Special Events The City reserves the right to permit an event to sell and/or give away food and beverages or allow a home- made potluck in connection with a Special Event for up to six Special Events in CenterPlace during each calendar year, subject to the discretion of the Director. In such events, the kitchen will not be available for use by the Special Event participants. 4. Kitchen Use Contractor shall have sole use of the kitchen at the CenterPlace facility except that CenterPlace staff shall have access to the kitchen for warming meals, obtaining ice, brewing coffee, storing lunches, etc. No other outside use of the kitchen is permitted with the exception of trade shows or food shows that require use of the space. In that event a reasonable fee would be paid by the third party customer for limited use and would by supervised by Contractor staff. Outside groups are allowed to bring their own food into the building on Sundays but would have no access to the kitchen. 5. CenterPlace Agent During the term of this agreement, Contractor shall provide a full-time Executive chef and a full-time catering sales person to handle planning and sales of food services for CenterPlace. 6. Weddings Weddings that take place at CenterPlace on Sundays may utilize the CenterPlace caterer to prepare and serve food to guests. The Contractor shall work directly with these weddings to serve culturally - authentic dishes to these customers. 7. Kitchen Cleaning During the term of this agreement, Contractor shall be responsible for cleaning the kitchen. The kitchen shall be maintained in good condition at all times and meeting all health requirements. Duties include, at a minimum, the following: • Daily Cleaning o Collect and properly dispose of all kitchen grease. o Remove any dishes from walk-in cooler and wash, which will require Contractor and CenterPlace staff sharing the area at times. Exhibit 1 — Page 2 of 3 o Put away any cooking utensils and/or appliances. o Spot clean hard surfaces and counters. o Clean Dish Pit area after use, including interior of dish machine. Remove any and all food debris from interior and exterior strainers. Contractor is not responsible for Meals on Wheels mess. o Power down dish machine after use and inspect for damage or irregular conditions. Report these to CenterPlace staff. o Turn off any fans, equipment or appliances. o Remove mats from the floor. o Report any damage or malfunctioning equipment. • Clean and Shine Weekly o Wipe down all hard surfaces, top to bottom. o Shine stainless steel tables, shelving and appliances. o Wipe down appliance doors, handles and shelving. o Wipe down and clean exterior and interior of garbage cans. • Monthly o Spot clean interior of appliances. o Clean stovetop oven. • Quarterly o Deep clean stovetop and grill, to include any catch basins or pans. o Clean hood filters above the grilling area. o Clean grill. • Bi-Annually o Shine stainless steel hood systems interior and exterior. o Deep clean interior and exterior of appliances, to include racks. • Yearly o De -grease and detail the entire kitchen (excluding floors) to include walls, appliances and walk-in coolers. • CenterPlace Janitorial Contractor o Will be responsible to clean the kitchen restroom, damp mop the kitchen floor twice a week November to April and four times a week May to October and twice a week they will degrease the kitchen floor. o Will be responsible to empty all garbage cans. • CenterPlace Staff o Will be responsible for the cleaning and upkeep of the ice machine. Exhibit 1 — Page 3 of 3 EXHIBIT 2 EVENT PRICING Upon the effective date of this Agreement, the Contractor shall submit to the City, for approval by the Director, the menus and prices of primary food and beverage items which shall be utilized by Contractor during the term of this Agreement. This submittal is not intended to be a complete list of the menu and beverage items which may be served by Contractor during the term of this Agreement. The Parties agree that Contractor may create additional menu items to be added from time to time by Contractor in response to customer demand. Contractor shall exercise its best efforts to maintain a pricing practice consistent with the pricing set forth at the commencement of the Agreement. Contractor shall maintain records supporting the prices charged for new menu and beverage items. The Director reserves the exclusive right to review and approve the cost of providing food services under this Agreement, which specifically includes the prices charged for food, beverages, concessions and catering. Contractor, pursuant to its reasonable business judgment and in consideration of prevailing market conditions in similar facilities located in the Spokane region, may request that the Director approve food, beverage, concession and catering price changes with such approval by the Director subject to his reasonable discretion. To support a requested price change, Contractor shall provide the Director with a written request, identifying the current and proposed prices, a survey of the prices charged in similar types of facilities within comparable markets, and such other information deemed relevant by the Director. Unless agreed otherwise, price changes shall be effective 30 days following approval by the Director. Exhibit 2 — Page 1 of 1 EXHIBIT 3 COMPENSATION TERMS 1. Payment. The Contractor agrees to pay the City a commission equal to the percentage of monthly Adjusted Gross Receipts for the following areas: 1) Food at 15 % for the Great Room, Small Dining Room, Fireside Lounge, and all conference rooms; 2) Alcohol at 5% for the Great Room, Small Dining Room, Fireside Lounge, and all conference rooms; and 3) 5% of any and all outside venue services prepared using any of the facilities at CenterPlace. Corkage Fee for client -provided wine is $5 per bottle. Contractor shall submit monthly commission reports detailing the breakdown of food and alcohol percentages owed the City for each event. These commissions were negotiated from the amounts quoted in Contractor's response to the RFP to levels that are mutually agreeable. 2. Kitchen Equipment Reserve. Contractor shall pay the City $4,200 annually to be placed into a reserve fund to be used for repair and maintenance to the kitchen equipment at CenterPlace. Payment shall be made by check to the City within 45 days after the effective date of this Agreement. Contractor shall work with CenterPlace staff to assist in coordination of preventive maintenance programs for the kitchen equipment. CenterPlace agrees to keep the inventory of the kitchen the same as it is at the commencement of this Agreement. 3. Date / Form of Payment. The percentage of each month's Adjusted Gross Receipts shall be computed, and payment of the appropriate percentage sum shall be made within 40 days of month end. Payment shall be made to the City by delivery of a check to the Director. 4. Accounting Records. Contractor shall maintain accounting records in accordance with generally accepted accounting principles and shall report gross revenues and Adjusted Gross Receipts to the City. Reporting of Contractor business activity in CenterPlace shall be monthly and shall separately set forth each activity. 5. Adjusted Gross Receipts. For purposes of this Agreement, "Adjusted Gross Receipts" equals the total gross revenue received by Contractor for services provided pursuant to this Agreement, excluding any applicable sales taxes, any standard hospitality service charges, and any service charges or premiums charged in connection with the use of credit or debit cards. Contractor shall, within 90 days of the termination date of this Agreement, submit to the City a statement of total Adjusted Gross Receipts and the rents payable thereon for the Adjusted Gross Receipts for the term of this Agreement, which statement shall be accompanied by an opinion of a certified or licensed public accountant. Exhibit 3 — Page 1 of 1 EXHIBIT 4 FACILITY ACCESS AND USE 1. The Contractor is granted exclusive permission to use and enter designated areas of CenterPlace Regional Event Center for the provision of food services as provided in this Agreement. The City shall permit Contractor to occupy the food service area for the purposes set forth in this Agreement. The food service area shall mean those areas in CenterPlace which are designated or otherwise authorized by the Director to be used for the operation of food services, which include, but are not limited to, the kitchen, banquet areas, classrooms, Fireside Lounge or other small meeting rooms where food and beverages may be consumed. 2. The City shall have the right to make inspections of the food service area to ensure compliance with this Agreement. Further, the City reserves the right of ingress and egress through the food service area for the purpose of operating, maintaining and inspecting CenterPlace. Contractor shall return the facilities to a clean and sanitary condition at the end of each event. 3. In addition to the indemnification provided in Section 13 of the Agreement, in the event of third party damage or vandalism not the result of the negligence of Contractor, the City shall bear the cost of repair to CenterPlace and City -owned furnishings, fixtures, and equipment, and Contractor shall bear its costs of repair to its facilities and equipment including fixtures and furnishings that may have been installed by Contractor pursuant to this Agreement. 4. Within 30 days from the effective date of this Agreement, Contractor shall provide to the City an inventory of all furnishings, fixtures, or other items of personal property used or to be used by Contractor in providing food services. As of the date of this Agreement, the City has identified the following as its inventory of City kitchen furnishings, fixtures, and equipment: 1. 1-Bunn o Matic large coffee maker , 6 gallon capacity Model # U3 2. 2-Walk in coolers American Panel 3. 1-Walk in Freezer American Panel 4. Amana Commercial Microwave Model # RC17S 5. Hobart Commercial Dishwasher Model # D300-5036B 6. FryMaster Commercial Fryer Model # MJ45E-SC 7. 2- F.W.E Food Warming Mobile Carts Model # UHS-4 Model # PST-16 8. 1-Manitowoc Ice Machine Model # SY-0854A 9. 1-Globe Food Slicer Model # 4600 10. 1- Hobart Commercial Mixer Model # D300-5036B 11. Star Conveyor Toaster Model # QCS2-500 12. 1- Delfield Drop In Hot Food Well Model # N8745-D 13. 1-Delfield Refrigerated Equipment Stand Model # F2875 Exhibit 4 — Page 1 of 2 14. 1-Delfield Reach In Cooler Model # 4448N-12 15. 1- Hatco Glo Ray Food Warmer Model # GRAH-72 16. 1-Robot Coupe Commercial Food Processor Model # RX6 17. 1-Salvajor Commercial Disposer Model # 200-SA-MRSS 18. 1-Wells Free Standing Drawer Warmer Model # RW-2 19. 6- Wolf Commercial Convection Ovens Model #WKGD- 10 20. 1-Wolf Commercial Griddle Model # VT48-11 21. 1-Wolf Commercial Broiler Model # VC24-18 22. 1-Wolf Commercial Stove Top With Oven 23. 1-Wolf Commercial Salamander Broiler 24. 1-Rational Self Cooking Center Model # SCC-202 25. 2-BrewMatic Airpot Coffee Brewers Model # 1010546 26. 1-Duke Commercial Steam Table Model # DC-EP304-28SS-M 27. 1-Duke Commercial Cold Food Table Model # DC-327-25SS-N7-M Upon termination of this Agreement, each of the Parties shall retain their respective furnishings, fixtures, and equipment. Contractor shall identify any necessary repair or maintenance that is required, or damage caused by someone other than the Contractor to City furnishings during the term of this Agreement. Upon termination of this Agreement, any damage to City inventory shall be presumed to have been caused by Contractor unless otherwise identified by the Contractor as provided above, and City may require Contractor to pay for all costs of repair at Contractor's sole expense. 5. Contractor shall have access and use of Rooms 133, 134, 138, and 145 for their office and dry storage needs as well as use of one refrigerator and freezer. Contractor and City shall also coordinate for shared use of room 146B as needed for storage. 6. Keys for access to CenterPlace shall be issued to Contractor by the Director as necessary to allow for efficient event preparation. Exhibit 4 — Page 2 of 2 ACO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 05/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZES REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of he policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hoover Insurance 708 N Argonne Rd Suite 1 Spokane Valley, WA 99212 INSURED Eat Good LLC 24001 E Mission Ave Ste 190 Liberty Lake, WA 99019 CONTACT NAMESarah Kreider PHONE (A/C. No. EXt):(509)922-8950 L ADDRESS: Sarah@hooverinsurance,net INSURER(S) AFFORDING COVERAGE No):(509)922-8960 NAIC # INSURER A :Mutual of Enumclaw 14761 INSURERS Progressive Insurance Company INSURER C 11770 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y CPP0027095 05/21/2022 05/21/2023 EACH OCCURRENCE $1 ,000,000 DAMAGE TO RETED PREMISES (Ea occurrence) $1 ,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $ GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ $ B AUTOMOBILE LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 02496593 07/22/2021 07/22/2022 COMBINED SINGLE LIMIT (Ea accident) $1 , 000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Liquor Liability Y CPP0027095 05/21/2022 05/21/2023 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is listed as additional insured. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley 2426 N Discovery Place Spokane Valley WA 99216 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Sarah Kreider ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by SMK on May 23, 2022 at 01:24PM 113 Washington State Labor & Industries Shttps://In i.wa.gv) Contractors EAT GOOD LLC Owner or tradesperson ADAM HEGSTED ................................. Doing business as EAT GOOD WA UBI No. 603 295 429 24001 E MISSION AVE STE 190 LIBERTY LAKE, WA 99019-2501 Governing persons ADAM HEGSTED GVD HOSPITALITY MANAGMNT; Certifications & Endorsements Asbestos Certification OMWBE Certifications No active certifications exist for this business. Apprentice Training Agent No active Washington registered apprentices exist for this business. Washington allows the use of apprentices registered with Oregon or Montana. Contact the r you Bureau of Labor & Industries or Montana Department of Labor & Industry to verify if this business has apprentices. Workers' Comp L&I Account ID 261,574-00 ................................ Doing business as EAT GOOD Estimated workers reported N/A L&I account contact T2 / IDA HAYNES (360)902-5635 - Email: HAYN235@lni.wa.gov Do you know if the business has employees? If so, verify the business is up-to-date on workers' comp premiums. Account is closed. Public Works Requirements Verify the contractor is eligible to perform work on public works projects. Required Training— Effective Juiy 1,.2019 Needs to complete training. Contractor Strikes ....................................................... No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace Safety & Health Check for any past safety and health violations found on jobsites this business was responsible for. No inspections during the previous 6 year period. Parks and Recreation Department 2426 N. Discovery Place ♦ Spokane Valley, WA 99216 509.688.0300 ♦ Fax: 509.688.0188 • parksandrec®spokanevallev.org REQUEST FOR PROPOSALS To Provide Food and Beverage Services for CenterPlace Regional Event Center Due Date: 4:00 P.M. PST, Friday, October 7, 2016 The City of Spokane Valley Parks and Recreation Department (the "City") is seeking a Food and Beverage contractor to provide catering services at CenterPlace Regional Event Center ("CenterPlace"), 2426 N. Discovery Place, Spokane Valley, WA 99216. Background Information The City of Spokane Valley is a non -charter code city organized under Title 35A RCW, and has a Council - Manager form of government. The City Council consists of seven members elected at -large. The Mayor is elected by his/her fellow Councilmembers, and serves as the Chair of the Council. The City Manager directs all City operations. The City Manager seeks at all times to develop and implement a "best practices" approach in operating the City government and to achieve a balanced, efficient, economical, and quality service delivery. The City incorporated March 31, 2003, and is currently the ninth largest city in Washington, encompassing 38.5 square miles. Its current population is approximately 94,000. The City is part of the larger Spokane metropolitan area of approximately 495,000. The City generally considers itself to be a "contract" city, with many core services provided by contract with private or other public entities. CenterPlace is owned by the City and operated by the Parks and Recreation Department. It is a 54,000-sq.-ft. regional event, senior, and community facility. There are over 30 rooms in the facility including (but not limited to) the kitchen, Great Room, Fireside Lounge, and other smaller meeting rooms. Typical facility operating hours are 7:00 a.m.-10:00 p.m., Monday —Thursday, and 7:00 a.m.-12:00 a.m. Friday, Saturday, and Sunday. Hours subject to change. Objective The objective of this Request for Proposals (RFP) process is to solicit sealed proposals to establish a contract(s), through competitive negotiations, to provide food and beverages services for CenterPlace. Basic Mandatory Requirements 1. Contractors submitting shall have a minimum of five years of service/experience in the food services industry similar in nature and scope to those described in this RFP. Representative work should include experience or capabilities in all aspects of food services. 2. Contractors submitting shall provide an executive chef and sales person who are dedicated solely to our facility as a part of the team. 3. Contractors shall demonstrate knowledge and compliance of federal, state, and local laws and regulations. 1 4. Successful contractor shall be required to obtain a City business license. 5. Successful contractor shall hold a Washington State Business License with a Spirits License at the time of award of contract. 6. Successful contractor shall be required to provide a $50,000 performance bond for the term of the contract. 7. Successful contractor, at their expense, shall comply with Leasehold Excise Tax requirements pursuant to chapter 82.29A RCW. 8. Submission of a complete proposal as outlined in this request. RFP does not obligate the City to accept or contract for any expressed or implied services. Experience Wanted The City is seeking a catering team that possesses the experience, work ethic, customer service focus, and business model to provide the requested services. Ideally, the catering team should be made up of team members with experience in the following areas: • Event Planning • Breakfast, Lunch, and Dinner Menu Development • Weddings • Ethnic Weddings, Particularly Slavic and Russian • Corporate and Business Meetings • Conventions • Auctions and Fundraisers Qualification of Proposals Food and Beverage Services Proposals will be reviewed by a committee of CenterPlace staff members. Food Services Proposals not meeting the Basic Mandatory Requirements shall be deemed non -compliant by the committee and will be eliminated from further consideration. Selection Process The selection process will be comprised of the following components: 1. Establish Compliance with Basic Mandatory Requirements 2. Review Proposals 3. Interview Finalists/Taste Testing Exercise 4. Final Selection The City shall select a catering team based on a combination of objective and subjective criteria including but not limited to qualifications, experience, menu selection, and commission paid to the City. Evaluation Criteria The selection committee will evaluate the proposals based on written submissions. Finalists will be selected for interviews and a taste testing exercise. Criteria will include all aspects of the proposals. The City reserves the right to rank all proposals, along with reference checks, inspection of representative work, and other information as may be determined and select "finalists" in a manner deemed in the best interest of the City. This includes but is not limited to a combination of experience, qualifications, quality of submittals, menus with pricing strategies, and proposed commissions. The City shall have sole discretion in judging the most qualified firm and awarding the contract. The City reserves the right to issue addendums to this RFP at any time. The City reserves the right to accept or reject any and all submittals and to withdraw or revise the selection process at any time. The decision by the City shall be final, and there is no further recourse or appeal. 2 Contract Expectations The City of Spokane Valley's expectation is that CenterPlace Regional Event Center is the sole focus of the catering contractor to ensure an overall first-class and quality experience. It is expected that the catering contractor will be onsite to provide exclusive food and beverage services to all events regardless of size at CenterPlace Regional Event Center. Catering Contractor shall include both an Executive Chef and a designated sales person dedicated solely to CenterPlace Regional Event Center providing all aspects of sales and customer service. The Contractor will have a fiduciary relationship with CenterPlace such that the Contractor shall not utilize CenterPlace clientele for the benefit of any other venue owned or operated by the Contractor. The Contractor is expected to provide food and beverage services for local and regional groups which utilize the facility. See sample contract for specific details. Contractor shall provide examples of menus with various pricing strategies to meet the needs of CenterPlace guests. Acceptable standards shall produce a high level of customer service and quality food. Contractor shall be required to inspect and monitor their own product. Contractor shall guarantee that all requirements set forth in the final contract are met. A representative of Contractor shall communicate on a daily basis on weekdays and be able to be reached on weekends. Expectations include full compliance with all applicable state and local laws and licensing requirements. The successful bidder will have the opportunity to provide exclusive catering services to events held at CenterPlace Monday through Saturday. The City's intent is to award this Food and Beverage Services contract to one preferred contractor. Outside groups would still have the ability to provide their own food on Sundays or choose to work with Contractor. Subcontracting is not allowed except where specifically approved in advance by the City in writing. Catered events will range from continental breakfasts to served dinners, for both formal and informal settings. In 2015, over 400 catered events were served at CenterPlace. There were an additional 500 meetings which also occurred at our facility which may or may not have had catered food or beverages. Dining Facilities Seating Capacity Great Room 350 Small Dining Room 50-100 (rented separately or with Great Room) Fireside Lounge 150 Meeting Room 205 80 Meeting Room 212 100 Meeting Room 216 40 Meeting Room 108 45 Meeting Room 109 100 Meeting Room 110 45 Meeting Room 111 45 Auditorium 105 (finger foods only; plated meals not allowed) Executive Conference Room 50 Commercial Kitchen The caterer would have full access to the Commercial Kitchen. The kitchen shall be used solely for events at CenterPlace. Caterer shall be responsible for ensuring cleanliness of the kitchen after each event. 3 Contractor Responsible for All Support Facilities The City will not provide large equipment storage. The City will provide one office space and two storage spaces as part of this contract. Contractor shall be responsible for providing all other support facilities at their own location. Contractor shall also be responsible for maintaining the cleanliness of the kitchen facilities which will include equipment, prep surfaces, and floors. Contractor Responsible for Kitchen Cleaning and Maintenance Contract Scope of Services contains cleaning and maintenance requirements. Contract Term This work shall be awarded by contract to one exclusive Contractor. The contract term shall be for a period of one year with up to five additional one-year renewal options which may be exercised by the Parks and Recreation Director at his/her sole option. Either party may terminate the contract with a minimum of 30 days' notice. The contract shall commence on or about January 1, 2017. The contract manager for the City shall be the Parks and Recreation Director or his/her designee. Equal Opportunity Requirements The City is an equal opportunity employer and requires all contractors to comply with federal and state policies and regulations concerning equal opportunity. Business Registration Contractor awarded the contract shall be registered to do business with the State of Washington and with the City. Customer Service There is a high degree of customer service involved in this contract. Contractor shall communicate with CenterPlace staff and customers which rent space at CenterPlace for their events. Communication on a daily basis to the CenterPlace Coordinator is required. Contractor shall perform duties such as catering and cleaning up during and after use of the facility. Contractor shall communicate all problems, customer service issues, questions, etc. on a daily basis with the CenterPlace Coordinator. Following groups or special events, Contractor shall inspect the work areas and notify the Coordinator of any damage, excessive cleaning required, etc. Lost and Found All lost and found items shall be turned in immediately to CenterPlace staff. No lost and found items are to be removed from public property. The City will be responsible for receiving calls and returning items to the public. Items not claimed will be auctioned or otherwise disposed of in a fair and appropriate manner. In no case will the items be returned to the finder unless warranted by law. Caterer Schedule The expectations are that Contractor would be available to provide services at the facility seven days a week if required. Contractor is expected to work around public use and be courteous and respectful to all clientele of CenterPlace at all times. Service Levels Subject to Change A reasonable attempt has been made to provide an overview of anticipated work in this RFP. It should be understood by Proposers that CenterPlace usage is not static and facility use will fluctuate. Proposers should anticipate varying use. 4 Submittal Information All submittals become the property of the City. All submittals become a matter of public record with the exception of those parts of each proposal which are defined by Contractor as business or trade secrets, and plainly marked as Trade Secret, Confidential, or Proprietary. Proposal Should Address Each of the Following: A. Cover letter, including overview of Contractor including number of years in food services business (minimum of five years of relevant food service experience) signed by a representative authorized to make contractual obligations. B. Description of the business operated, annual sales for a period of at least three years. C. Sample menus with pricing. D. Proof of Spokane Regional Health District Catering Permit and copies of facility inspection reports issued by health department for three years. E. Provide financial statement showing your ability to provide the financing necessary to cater events at CenterPlace. E. Provide names and resumes of Executive Chef and Sales Person assigned to CenterPlace. F. Personnel: Hiring processes, background checks on employees, employee supervision, and overview of employee standards, including dress standards and training. G. Communication/feedback processes with owner, include frequency and method of day-to-day communication with owner. Communication can be through a variety of methods but must include some level of routine face-to-face communication between City and Contractor. H. Experience and methods for addressing customer complaints. I. Copy of State of Washington Master Business License with Spirits License. J. Statement of ability to meet insurance and bonding requirements: o Worker's Compensation Insurance coverage. o General Liability Insurance coverage in the amount of $1,000,000 per occurrence and $2,000,000 in aggregate and proof of worker compensation insurance in compliance with Washington State Law. o Performance Bond in the amount of $50,000. K. Discuss the challenges, problems, risks, and concerns that you might foresee if awarded this contract. L. Provide names and contact information for three references. Naming of a reference is considered permission to contact the reference. The City may contact outside individuals, whether offered as references or not. The City retains the right to use such information in its decision. Submittal of a response is agreement that the City may contact and use such information. Proposed Commissions Bidders must submit their proposed commission rate as a percentage of sales for food and alcohol for the rooms listed below. The commission proposed will be submitted on Attachment A: Great Room/Small Dining Fireside Lounge Conference Rooms Food % % Alcohol % % Corkage Fee $ per bottle for owner -supplied alcohol Subject to Verification All information submitted is subject to verification by the City. 5 Proposer Responsibilities The successful Proposer shall be responsible for all services and required documents identified in this RFP. The Proposer is responsible for making all necessary investigations and examinations of documents, operations, and premises affecting performance of the proposed Food Service Contract. Failure to do so will not act to relieve any conditions or specifications outlined in the RFP. It is mutually agreed that the submission of a proposal shall be considered conclusive evidence that the Proposer has made such investigations and examinations. Pre -Proposal Tour All prospective Proposers are invited to a pre -proposal tour. The tour will be held at 10:00 a.m., Monday, September 26, 2016 at CenterPlace, 2426 N. Discovery Place, Spokane Valley, WA 99216. The tour will include onsite inspection of facilities. Please R.S.V.P. to (509) 720-5400. Questions The City acknowledges that this RFP is comprehensive. Questions regarding the RFP will be accepted verbally or in writing. Questions will be noted and the answers will be distributed to all Proposers in possession of the RFP. Questions or Requests for Information should be directed to Michael D. Stone, Director of Parks and Recreation, City Parks and Recreation Department at the address listed above or at (509) 720-5400. Right to Award The City reserves the right to award this work in the manner deemed in the best interest of the City. The City shall be the sole judge in determining the successful Proposer(s). The City reserves the right to accept or reject any and all submittals and to withdraw or revise the RFP process at any time. The decision by the City shall be final, and there is no further recourse or appeal. Severability If any section, sentence, clause, or phrase of this RFP shall be held to be invalid, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this RFP. Completed Submittal Package A completed submittal packet should contain the following: - All items listed in Submittal Information — A through L - Attachment A — Business Statement Signed - Attachment B — Commission Proposal Signed - Copy of the RFP - Copy of any Addenda How to Respond Submit six copies of written responses no later than 4:00 p.m. PST on Friday, October 7, 2016, to City of Spokane Valley, Attn: Michael D. Stone, Director of Parks & Recreation, 2426 N. Discovery Place, Spokane Valley, WA 99216. Submittals shall be signed by authorized representatives of the responding entity. All addendums issued by the City for this RFP shall also be included. Unsigned proposals shall not be considered. Written proposals not received by 4:00 p.m. PST on Friday, October 7, 2016, shall not be considered. The responding entity is responsible for ensuring that written responses are received by the City by the time and date specified herein and accept all risk of late delivery for the method of delivery chosen, regardless of fault. Communications All communications related to responding to this RFP are to be directed to Michael D. Stone, Director of Parks & Recreation at mstone(a,spokanevalley.org or (509) 720-5400. Any oral communications by Michael D. 6 Stone, Director of Parks & Recreation, will be considered unofficial and non -binding on the City. Unauthorized contact regarding this RFP with other City employees, or City Councilmembers may result in disqualification. Addenda, Modifications, and Clarifications The City reserves the right to change the RFP schedule or issue addenda to the RFP at any time. All such addenda shall become part of the RFP. The City will provide notification of addenda in the same manner as distribution of the RFP. It is the responder's responsibility to confirm as to whether any addenda have been issued. The City also reserves the right to cancel or reissue the RFP. The City reserves the right to request for any responding entity to clarify its proposal or to supply any additional material deemed necessary to assist in the evaluation of the proposal. Modification of a proposal already received will be considered only if the modification is received prior to the submittal deadline. Any modifications shall be made in writing, executed, and submitted in the same form and manner as the original proposal. Evaluation and Selection The City reserves the right to award the contract to the responding entity which best meets the needs and interests of the City, or to reject all responses as set forth below. The following steps are anticipated: Step 1. Receipt and review of qualifications and written responses Step 2. Conduct interviews and taste testing of short-listed vendors Step 3. Initial reference and information check Step 4. Selection of vendor Step 5. Negotiation of contract Finalize a Scope of Work City representatives and the selected finalist will review and finalize a Scope of Work. Contract A copy of the model contract the City anticipates using is attached to this RFP for reference. If Proposer desires to alter any term contained in that model contract, such proposed modification shall be included as a part of Proposer's response to this RFP. Otherwise, it will be considered waived by the City. Rejection of Proposals The City reserves the right to reject any or all submittals, portions, or parts thereof. The City reserves the right to obtain services through other means. Non -Collusion Submittal and signature of a proposal is an affirmation that the document and proposal is genuine and not a sham or collusive, and not made in the interest of any person not named, and that the responding entity has not induced or solicited others to submit a sham offer, or refrain from proposing. No Costs The City shall not be responsible for any costs incurred by any respondents in preparing, submitting, or presenting its response to the RFP or interview process, if applicable. The City shall not be responsible for any costs incurred by the responding entity selected by the City prior to the date of the contract. Non -Endorsement As a result of the selection of a responding entity, the City is neither endorsing nor suggesting the responding entity's services are the best or only solution. The responding entity agrees to make no reference to the City 7 in any literature, promotional material, brochures, sales presentation, or the like without prior express written consent from the City. The responding entity is not permitted to use the City logo in its response to this RFP, or following award of any contract. Ownership of Documents Any reports, studies, conclusions, and summaries submitted by the responding entity shall become the property of the City. Public Records Under Washington State law, the documents (including all such items as described in RCW 42.56.010 for the term "writing") submitted in response to this RFP (the "documents") become a public record upon submission to the City, subject to mandatory disclosure upon request by any person, unless the documents are exempted by a specific provision of law. If the City receives a request for inspection or copying of the documents, it will promptly notify the person/entity submitting the documents to the City (by U.S. mail and electronic mail if the person has provided an e-mail address) and upon written request of such person/entity, received by the City within five days of the providing of such notice, will postpone disclosure of the documents for a reasonable period of time as permitted by law to enable such person to seek a court order prohibiting or conditioning the release of such documents. The City assumes no contractual obligation to enforce any exemption. 8 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 13, 2022 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ® new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Lodging Tax Awards for 2023 GOVERNING LEGISLATION: State Law RCW 82.08 and 67.28; Spokane Valley Municipal Code 3.20 PREVIOUS COUNCIL ACTION TAKEN: Thus far in 2022 for the 2023 awards, the Council has had discussions pertaining to lodging tax on five previous occasions: • July 19, 2022 where we discussed: o Lodging tax in general — what it is and how it may be expended. o The LTAC — what it is and its role in the process. o The Council's role in the process. o Council goals and priorities for the LTAC. • August 16, 2022 where Council discussed and reached consensus on the goals and priorities that should be included in the lodging tax grant application and also communicated to the LTAC. • September 27, 2022 where Council voted to return the $3,500,000 in 2022 lodging tax proceeds originally awarded for the Expo Center Expansion project back to Fund #104. This amount has been included in the total amount available for 2023 and the fund balance for Fund #104 (1.3% Tax). • October 18, 2022 where Mayor Haley recommended and Council approved the appointment of two alternates to the Lodging Tax Advisory Committee. • November 8, 2022 where Council heard an administrative report on the LTAC recommended lodging tax grant allocations. BACKGROUND In 2003 the City implemented a 2% hotel/motel tax, the proceeds of which are used to promote conventions and tourist travel to our City. The organizations to which the tax proceeds are distributed are ultimately determined by the City Council which receives a recommendation from the Lodging Tax Advisory Committee (LTAC). The LTAC is comprised of five members who are appointed by the City Council. The LTAC membership must include: • At least two representatives of businesses that are required to collect the tax, • At least two people who are involved in activities that are authorized to be funded by the tax, and • One elected city official who serves as chairperson of the LTAC The LTAC makes its recommendations based upon a combination of written application materials and a presentation that is made to them by each applicant. On October 20, 2022, the LTAC met to consider application materials and presentations from applicants seeking a portion of the $871,000 appropriated in the City's 2023 Budget for the 2% portion of lodging taxes in Fund #105, and for amounts from the 1.3% portion of taxes in Fund #104. 1 The total of all requests in the applications received for 2023 awards from the 2% tax totaled $524,150. Presentations for these funds were made by All Wheels Swap Meet, CNC Productions, Cody Productions, Family Guide, Filipino -American Northwest Association, Hatch Advertising, HUB Sports Center, JAKT - Crave!, JAKT - Farmer's Market, NorthAmerica Talk, Inc, Northwest Winterfest , Spokane Co Fair and Expo Center, Speed and Custom Productions LLC, Spokane Valley Summer Theatre, Valleyfest, and Valleyfest Cycle Celebration. One application was received from Spokane County in conjunction with the Spokane Indians for the 1 . 3 % tax for a capital project to modernize Avista Stadium, using a phased multi -year approach. Following applicant presentations, the LTAC discussed both the merits of making particular awards to various applicants and how they felt revenues should be allocated. These recommendations were made in two motions. The first motion included the awards from the 2% lodging tax from Fund #105 as noted above. As part of the first motion, the LTAC also recommended transferring $515,198 from Fund #105 to Fund #104. The first motion passed unanimously. The second motion was regarding funding for the modernization project of Avista Stadium as a capital project from the 1.3% lodging tax in Fund #104. There was a question regarding the proposal as the application indicated that the funding was to be part of a phased project and it was confirmed that the funding was to be over a total of three years. That is, the full $3,250,000 requested, if awarded, would be about $1 million a year. A second motion unanimously passed to recommend allocating $2,000,000 to Spokane County for this project based on that confirmation of the amount they intended to use each year. At times some organizations apply for funding through both the Outside Agency and the Lodging Tax award processes. The HUB, JAKT, Northwest Winterfest, Spokane Valley Summer Theatre, and Valleyfest all applied for Lodging Tax Funding for 2023, as well as for 2023 Outside Agency funding. On November 8, 2022, staff provided an administrative report to City Council on the LTAC's recommended allocations, which were as follows: 2 Amount Amounts Applicant Requested Recommended Applicants for 2% Tax: 1) All Wheels Swap Meet 6,000 4,800 2) CNC Productions 10,000 7,500 3) Cody Productions 10,000 6,500 4) Family Guide 16,000 7,000 5) Filipino -American Northwest Association 26,140 9,000 6) Hatch Advertising 50,010 17,002 7) HUB Sports Center 55,000 55,000 8) JAKT - Crave! 60,000 35,000 9) JAKT - Farmer's Market 26,000 11,000 10) NorthAmerica Talk, Inc 40,000 0 11) NorthwestWinterfest 55,000 33,000 12) Spokane Co Fair and Expo Center 100,000 73,000 13) Speed and Custom Productions LLC 10,000 8,000 14) Spokane Valley Summer Theatre 25,000 24,000 15) Valleyfest 30,000 14,800 16 Valleyfest Cycle Celebration 5,000 4,100 Transfer to Fund #104 (1.3% tax) 515,198 524,150 824,900 Total Available for Awards in 2023 from 2% Tax 871,000 Applicants for 1.3% Tax: 1) Spokane County 3,250,000 2,000,000 515,198 Total Available for Awards in 2023 from 1.3% Tax after transfer 6,467,892 2,000,000 Fund #104 (1.3% Tax) balance 4,467,892 Subsequent to the November 8, 2022, Council meeting, the City received an email request from the Spokane County Chief Executive Officer, Scott Simmons, in relation to the proposed $2,000,000 allocation to Avista Stadium. Mr. Simmons requested that if the ultimate award for this proposal was less than the $3,250,000, that Council approve that the County receive the 3 entirety of the award in 2023 rather than spread out over three years as was originally proposed in the County's application. The email request is included as an attachment to this report. As occurred with the LTAC, staff recommends City Council consider the allocation in two separate motions — one for use of money in Fund #104 and one for use of money in Fund #105. This allows independent discussion on the use of funds from the two sources. OPTIONS: The options for City Council action have been viewed as primarily being limited to either (1) approving some or all of the listed recipients and amounts recommended by the LTAC or (2) not approving any recipients and having the LTAC revise its recommendation for further City Council action. However, under RCW 67.28.1817, a municipality may propose "a change in the use of revenue received under [RCW 67.28]," but must submit the proposal to the LTAC for review and comment. Then, the LTAC must be given at least 45 days to review and provide comments prior to final action by the municipality. This allows the City Council to conduct its own review of the materials submitted, including the minutes and recommended amounts by the LTAC, to come up with its own proposed distribution of the revenue for any of the applicants, which may be the same or different from the LTAC recommendation. If it is different, the City must give the LTAC 45 days to review and provide comments on the proposed revised distribution before taking final action. If Council were to grant the County's request to approve that the Avista Stadium award be provided to the County in 2023 rather than being spread over three years, staff believes this would be a change in the use of revenues that would need to be submitted to the LTAC for comment under RCW 67.28.1817. This would require Council to wait 45 days prior to taking final action on the award for Avista Stadium. RECOMMENDED ACTION OR MOTION: Motion #1: I move to make the following allocation of Lodging Tax funds for calendar year 2023 from Fund #105 from the 2% tax: All Wheels Swap Meet — up to $4, 800 CNC Productions— up to $7,500 Cody Productions — up to $6, 500 Family Guide — up to $7,000 Filipino -American Northwest Association — up to $9, 000 Hatch Advertising — up to $17, 002 HUB Sports Center — up to $55,000 JAKT - Crave! — up to $35, 000 JAKT - Farmer's Market— up to $11,000 Northwest Winterfest — up to $33, 000 Spokane Co Fair and Expo Center— up to $73, 000 Speed and Custom Productions LLC — up to $8,000 Spokane Valley Summer Theatre — up to $24,000 Valleyfest — up to $14,800 Valleyfest Cycle Celebration — up to $4,100 And a transfer of the remainder of actual lodging tax collections in the amount of $515,198 to be moved into the 1.3% Lodging Tax Fund #104. Motion #2 Option #1 (Funding over 3 years): / move to allocate over a three-year period, $2,000,000 of Lodging Tax funds from Fund #104 from the 1.3% tax to the design, construction, and other associated costs of the Spokane County and Spokane Indians Avista Stadium Project as presented in its 2022 lodging tax application. 4 Motion #2 Option #2 (all funding in 2023): / move to allocate $2,000,000 of Lodging Tax funds from Fund #104 from the 1.3% tax to the design, construction, and other associated costs of the Spokane County and Spokane Indians Avista Stadium Project to be funded entirely in the grant year 2023 according to the subsequent request by Spokane County. This will be presented to the Lodging Tax Advisory Committee for review and comment and return to Council for final action as required by law. BUDGET/FINANCIAL IMPACTS: The 2023 Budget includes total revenues of $1,506,000 in lodging taxes, including $901,000 from Fund #105 from the 2% tax and $605,000 in Fund #104 from the 1.3% tax. Total expenditures are budgeted at $901,000 in Fund #105, including $30,000 to offset advertising at CenterPlace and up to $871,000 to be allocated through this award process. The fund balance at the conclusion of 2023 is expected to be $165,000 in Fund #105, which should be adequate to cover cash flow needs. There are currently no budgeted 2023 expenditures in Fund #104; however, if the Avista Stadium project is awarded, expenditures will be added in a future 2023 budget amendment. If $2,000,000 is awarded from Fund #104, there will be an estimated available ending fund balance in 2023 of $4,467,892 in that fund after the transfer in of $515,198 from Fund #105. STAFF CONTACT: Chelsie Taylor, Finance Director; Sarah Farr, Accountant/Budget Analyst ATTACHMENTS: • Email request from Spokane County • Minutes of October 20, 2022, Lodging Tax Advisory Committee meeting. • Chart reflecting a history of hotel/motel tax receipts for Fund #105 (2% Tax) from January 2013 through August 2022. • Chart reflecting a history of hotel/motel tax receipts for Fund #104 (1.3% Tax) from August 2015 through August 2022. • Fund #105 — Hotel/Motel Tax — history of revenues and expenditures — 2018 through 2021 Actuals and 2022 and 2023 Budgets. • Fund #104 — Hotel/Motel Tax — history of revenues and expenditures — 2018 through 2021 Actuals and 2022 and 2023 Budgets. • Lodging Tax Application and Award History for the years 2003 through 2022. • Separately distributed binder titled "Lodging Tax Grant Funding Requests 2023" that was also utilized by the Lodging Tax Advisory Committee at their October 20, 2022 meeting. 5 Chelsie Taylor From: John Hohman Sent: Monday, November 14, 2022 2:32 PM To: Erik Lamb; Chelsie Taylor Subject: FW: LTAC funds received the email below from Scott Simmons. Please include the County's request in the December 13th Council item. Thanks. From: Simmons, Scott <SSIMMONS@SpokaneCounty.org> Sent: Monday, November 14, 2022 11:59 AM To: John Hohman <jhohman@spokanevalley.org> Subject: LTAC funds [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. John --with the recent recommendation by LTAC to provide $2,000,000 in support of improvements at Avista Stadium, the County would request these funds to be made available at the beginning of 2023. I recognize that the City Council still needs to approve the recommended awards. Let me know if I can provide you anything further. Scott Scott Simmons Chief Executive Officer Spokane County, Washington I www.spokanecounty.org 5o9.477.2600 Office 1509.496.0364 Mobile I ssimmons@spokanecounty.org 'okane Cour' W A;- rrTT�! X MINUTES LODGING TAX ADVISORY COMMITTEE MEETING October 20, 2022 8:00 a.m. Spokane Valley City Hall Council Chambers 10210 East Sprague Avenue Attendance: Lodging Tax Advisory Committee Members: Chair: Deputy Mayor Rod Higgins Cherne Haskell, Alternate for The HUB Clint Branz, Alternate for Spokane County Fair Board Grant Guinn, Tru by Hilton Amanda Alcamo, Oxford Suites Staff: Chelsie Taylor, Finance Director Tony Beattie, Sr. Deputy City Attorney Sarah Farr, Accountant/Budget Analyst Lesli Brassfield, Comin.Marketing Officer Christine Bainbridge, City Clerk Chair Deputy Mayor Higgins called the meeting to order at 8:00 a.m. and welcomed everyone, after which there were self -introductions. Deputy City Attorney Beattie introduced himself, and explained that as appointed officials, members of this committee are subject to laws such as those dealing with open government; and he went through his Open Public Government PowerPoint training for Committee members, explaining the various portions of the Public Records Act, and the Open Public Meetings Act. Opening Comments: Accountant/Budget Analyst Ms. Fat? and Finance Director Taylor gave an overview of the contents of the notebook, including the Lodging Tax committee process, City Council goals and Priorities for use of Lodging Tax Revenues, and the calendar for the 2023 process, including mention that the 2023 meeting is set for October 19, 2023. Communications and Marketing Officer Ms. Brassfield gave a report on the Council's return ofthe 2021 Expo Center capital lodging tax award of $3,500,000, explaining that in early 2022, the consultant deternnined the project cost had increased to at least $14 million, and that Council voted to return the $3.5 million back to the capital lodging tax fund for another use in the future. Ms. Brassfield also went over some of the history of the Tourism Study, strategies, and Tourism Promotion Area (TPA) benefits and next steps. Public Comment Opportunity: Chair Higgins explained that this is an opportunity for public comment and that comments will be limited to three minutes each. Chair Higgins opened the floor for public comments. No public comments were offered. Chair Higgins called for a recess at approximately 8:50 a.m. The meeting reconvened at 9:00 a.m. Presentations were made in the following order: 1. Spokane County Fair and Expo Center Ms. Erin Gurtel and Ms. Rachelle Buchanan The Spokane County Fair and Expo Center seeks $100,000 to continue to enhance the fair marketing program and bring in more guests and attractions. 2. Spokane County Avista Stadium, Capital Construction — Mr. Scott Simmons and Mr. Chris Duff The applicants seek $3,250,000 over a three year period; although they did not have a PowerPoint, they gave copies of the printed slides to the City Clerk who distributed them to committee members; followed by an explanation of the slides by Mr. Duff. 3, All Wheels Swap Meet — Mr. Brian Anderson The applicant seeks $6,000 for marketing the event, which will be held at the Fairgrounds. 4. CNC Productions — Mr. Chris Cody Bertholf The applicant seeks $10,000 to market the annual RV show. LTAC Minutes October 20, 2022 Page 1 of 3 5. Cody Productions — Mr. Chris Cody l3ertholf The applicant seeks $10,000 to market the Spokane Motorcycle Show and Sale. 6. Family Guide — Ms. Charity Doyl The applicants seek $16,000 to promote their Diwali & Vegetarian Festival, also known as the Festival of Lights; said the event will likely be held at the Mirabeau, Fairgrounds, or CenterPlace. 7. Filipino -American Northwest Association —Ms. Jacqueline Babol The applicants seek $26,140 to market a five day Philippine Embassy Consulate Outreach event. 8. Hatch Advertising — Mr. Chris Cody The applicant seeks $50,010 for their SHOP, EAT, STAY event, which would be a package event to potential tourists, and would include the Spokane Valley Mall, Hampton Inn and Tru by Hilton. Chair Higgins called for a recess at 10:16 a.m. The meeting reconvened at 10:30 a.m. 9. HUB Sports Center — Mr. Phil Champlin The applicant seeks $55,000 to market their 2023 events. 10. JAKT-Crave — Ms. Katy Lee, and Ms. Karen Stebbins The applicants seek $60,000 to continue marketing and operations of their event. 11. JAKT — Farmer's Market — Ms. Katy Lee, and Ms. Karen Stebbins The applicants seek $26,000 to continue marketing and operations of their event. 12. North America Talk, Inc. —Mr. Jacob Luplow The applicant seeks between $18,000 and $40,000 for his Community Mobile Branding Company to market mobile users along the I-5 corridor. Mr. Guinn suggested that Visit Spokane might be a better venue or to contact the TPA. 13. Northwest Winterfest Mr. Sam Song and Ms. Charity Doyl The applicants seek $55,000 for the 2023 event, which they explained will be held indoors this year due to winter weather. 14. Speed and Custom Productions, LLC — Mr. Brian Anderson The applicant seeks $10,000 to market his Spokane Speed and Custom Show. 15. Valleyfest — Ms. Peggy Doering The applicant seeks $30,000 to market and advertise the 2023 Valleyfest festival. 16. Valleyfest Cycle Celebration — Ms. Peggy Doering The applicant seeks $5000 to market and advertise the 2023 Cycle Celebration event. 17. Spokane Valley Summer Theatre — Ms. Yvonne Johnson, Executive Artistic Director The applicant seeks $25,000 to market the 2023 SVST Season. Lodging Tax Advisory Committee members develop funding recommendations Finance Director Taylor said once the committee members have completed their individual recommendations, to please hand them to Ms. Farr who will include all the totals on one spreadsheet. Chair Higgins called for a recess at 11:47 a.m. He reconvened the meeting at 11:55 a.m. Ms. Taylor said that once all figures are included on the spreadsheet, the average is the starting point in the discussion; that committee members are free to discuss this, that they can stay with the average, or negotiate different values for LTAC Minutes October 20, 2022 Page 2 of 3 different events; and once completed, she will need a motion on the applicant allocations, followed by a motion for the 1.3% tax. Lodging Tax Advisory Committee member discussion and award recommendation Members gave their recommendations to Ms. Farr who entered them on the spreadsheet, along with the average for each item. It was then moved by M. Guinn, seconded and unanimously agreed to accept the averages on the spreadsheet. The amounts are as follows: All Wheels Swap Meet: $4,800 CNC Productions: $7,500 Cody Productions: $6,500 Family Guide: $7,000 Filipino -American NW Assoc. $9,000 Hatch Advertising $17,002 HUB Sports Center $55,000 JAKT-Crave! $3 5,000 JAKT-Farmer's Market $11,000 NorthAmerica talk, Inc.: $0 Northwest Winterfest: $33,000 Spokane Co Fair & Expo Ctr $73,000 Speed & Custom Productions $8,000 Spokane Valley Summer Theatre: $24,000 Valleyfest: $14,800 Valleyfest Cycle Celebration: $4,100 Concerning the 1.3% tax for capital projects, it was confirmed that this is a total over three years, so the full amount if awarded, would be $1 million a year. It was moved by Mr. Guinn, seconded and unanimously agreed to accept the $2 million average based on responses today. It was moved by Mr. Guinn, seconded and unanimously agreed to adjourn. The meeting adjourned at 12:23 p.m. Respectfully submitted, Christine Bainbridge, Spokane Valley City Clerk LTAC Minutes October 20, 2022 Page 3 of 3 P:1Finance12023 Budget\Budget Worksheets\Lodging Tax\LTAC meeting\Binder materiar105 hotel motel tax 2022 CITY OF SPOKANE VALLEY, WA HotellMotel Tax Receipts through - August Actual for the years 2013 through 2022 January February March April May June July August 2013 2014 2015 2016, 2017 2018 2019 2020. 2021 2022 10/10/2022 2021 to 2022 Difference 24,185 25,425 27,092 31,887 27,210 28,752 31,865 36,203 26,006 48,759 22,753 87.49% 25,975 26,014 27,111 27,773 26,795 28,878 32,821 31,035 31,041 38,369 7,328 23.61% 27,739 29,384 32,998 34,330 31,601 31,906 40,076 37,395 30,536 44,483 13,947 45.67% 40,979 48,246 50,455 52,551 52,242 57,664 59,117 24,959 44,476 87,561 43,085 96.87% 40,560 41,123 44,283 50,230 50,112 51,777 53,596 16,906 49,002 74,613 25,611 52.27% 47,850 52,618 56,975 55,060 60,637 62,048 73,721 28,910 66,262 86,758 20,496 30.93% 56,157 61,514 61,809 65,007 69,337 71,865 84,628 41,836 94,495 97,413 2,918 3.09% 63,816 70,384 72,697 73,700 76,972 79,368 91,637 49,772 101,171 113,078 11,907 11.77% Total Collections 327,262 354,707 373,420 390,538 394,906 412,258 467,461 267,016 442,989 591,034 148,045 33.42% September 70,794 76,100 74,051 70,305 80,173 79,661 97,531 59,11.6 104,494 0 October 43,836 45,604 49,880 55,660 56,631 61,826 77,932 50,844 92,924 0 November 42,542 39,600 42,376 46,393 47,090 52,868 59,252 39,694 62,322 0 December 34,238 33,256 41,510 33,478 37,180 40,363 41,875 26,573 41,708 0 Total Collections 518,672 549,267 581,237 596,374 615,980 646,976 743,851 443,243 744,437 591,034 Budget Estimate 490,000 530,000 550,000 580,000 580,000 580,000 600,000 346,000 750,000 600,000 Actual over (under) budg 28,672 19,267 31,237 16,374 35,980 66,976 143,851 97,243 (5,563) (8,966) Total actual collections as a % of total budget 105.85% 103.64% 105.68% 102.82% 106.20% 111.55% 123.98% 128.10% 99.26% n/a % change in annual total collected 5.85% 5.90% 5.82% 2.60% 3.29% 5.03% 14.97% (40.41%) 67.95% n/a % of budget collected through August 66.79% 66.93% 67.89% 67.33% 68.09% 71.08% 77.91% 77.17% 59.07% 98.51% % of actual total collected through August 63.10% 64.58% 64.25% 65.49% 64.11% 63.72% 62.84% 60.24% 59.51% Na Chart Reflecting History of Collections through the Month of August August 700,000 600,000 _„_ Lb August 500,000 it uly IN June 400,000 ■ May 300,000 ■ April ■ March 200,000 • February 100,000 ■ January 0 , 2013 2014 201S 2016 2017 2018 2019 2020 2021 2022 P:1Finance12023 Budget\Budget Worksheets`Lodging Tax\104 hotel motel tax 2022 CITY OF SPOKANE VALLEY, WA Hotel/Motel Tax Receipts through - August Actual for the years 2015 through 2022 January February March April May June July August Total Collections 2015 2016 2017 201.8 2019 2020 2021 2022: 0 0 0 0 0 0 0 47,253 20,246 18,052 22,486 34,158 32,616 35,755 42,322 47,905 17,739. 17,486 20,541 33,939 32,573 39,414 45,069 50,051 18,569 18,771 20,741 37,481 33,639 40,316 45,750 50,532 19,660 18,496 24,459 36,540 33,300 45,231 51,411 55,544 22,687 19,187 23,298 16,169 11,041 17,951 27,155 32,010 16,816 20,203 19,824 28,865 31,800 42,950 61,420 65,724 33,794 23,880 29,959 56,878 48,484 56,350 63,923 73,495 2021 to 2022 Difference $ °/a 16,978 100.96% 3,677 18.20% 10,135 51,12% 28,013 97.05% 16,684 52.47% 13,400 31.20% 2,503 4.08% 7,771 11.82% 47,253 253,540 256,812 265,919 284,641 169,498 287,602 386,763 99,161 34.48% September 48,035 45,69B 52,113 50,570 59,047 38,357 67,870 0 October 32,422 36,179 36,810 39,378 47,682 32,859 60,381 0 November 27,545 30,156 30,609 33,686 36,394 25,770 40,486 0 December 26,981 21,760 24,167 25,743 26,519 17,236 24,981 0 Total Collections 182,236 387,333 400,511 415,296 454,283 283,720 481,320 386,763 Budget Estimate 178,700 377,000 377,000 377,000 390,000 213,000 400,000 400,000 Actual over (under) budg 3,536 10,333 23,511 38,296 64,283 70,720 81,320 (13,237) Total actual collections as a % of total budget 101.98% 102.74% 106.24% 110.16% 116.48% 133.20% 120.33% n/a change in annual total collected n/a 112.54% 3.40% 3.69% 9.39% (37.55%) 69.65% n/a of budget collected through August % of actual total collected through August 26.44% 67.25% 68.12% 70.54% 72.98% 79.58% 71.90% 96.69% 25.93% 65.46% 64.12% 64.03% 62.66% 59.74% 59.75% n/a Chart Reflecting History of Collections through the Month of August 10/10/2022 August 450,000 400,000 ®August !July 350,000 300,000 •June 250,000 ■May 200,000 • April 150,000 ,', - • March 100,000 el II January 50,000 0 , 2015 2016 2017 2018 2019 2020 2021 2022 P:\Finance\2023 Budget\Budget Worksheets\Lodging Tax\LTAC meeting\Binder material\Budget worksheet 105 Rev and exp CITY OF SPOKANE VALLEY, WA 2022 Budget and 2023 Budget Fund #105 - Hotel / Motel Tax Fund - Actuals for 2018 through 2021 - 2022 and 2023 Budgets Revenues Hotel/Motel Tax Investment Interest Subtotal revenues Expenditures Transfers out - #001 CenterPlace Transfers out - #104 Tourism Promotion Subtotal expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance Actual 2018 2019 2020 2021 646,975 743,852 7,058 8,459 2022 As Adopted Annualized 10/13/2022 2023 Budget 443,243 744,435 600,000 600,000 900,000 2,705 899 654.033 752,311 1,000 5,280 1,000 445,948 745,334 601,000 605,280 901,000 26,037 250,000 321,934 30,000 275,000 207,000 11,390 9,516 0 1,201,684 154,082 167,850 597,971 30,000 273,000 298,000 512.000 165,472 1,379, 050 601,000 56,062 221,867 277,929 240,311 277,929 518,240 2022 Awards by Agency 280,476 (633,716) 0 518,240 7 798,716 165,000 798,716-.165,000 / 165,000 HUB Sports Center JAKT - Brews, Beats & Eats JAKT - Craft Beer JAKT - Crave NW JAKT - Farmers Market Northwest Winterfest Spokane County Fair & Expo - marketing Spokane Valley Heritage Museum Spokane Valley Summer Theatre Valleyfest - Cycle Celebration Valleyfest - marketing 30,00D 273,00D 298,000 30, 000 0 871,000 601,000 901,000 4,280 0 > 165,000 169,280 169,280------169,280 55,000 6,500 6,000 30,000 17,000 45.000 64,000 27,000 20,000 24,000 3,500 298.000 for LTAC P:\Finance\2023 Budget\Budget Worksheets\Lodging Tax\LTAC meeting\Binder material\Budget worksheet 104 CITY OF SPOKANE VALLEY, WA 2022 Budget Amendment and 2023 Budget Fund #104 - Hotel/Motel Tax - Tourism Facilities Fund - Actuals for 2018 through 2021 - 2022 and 2023 Budgets Revenues Hotel/Motel Tax Investment Interest Transfers in - #105 Total revenues Expenditures Tourism Facilities Revenues over (under) expenditures Beginning fund balance Ending fund balance Actual 2018 2019 2020 2021 2022 As Adopted Annualized 10/12/2022 2023 Budget 415,295 454,283 283,721 481,320 400,000 400,000 600,000 24,182 43,589 11,908 2,617 2,500 17,933 5,000 250,000 275,000 0 1,201,684 0 273,000 0 689,477 772,872 295,629 1,685,621 402,500 690,933 605,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 689,477 1,228,595 1,918,072 772,872 1,918,072 2,690, 944 295,629 2,690,944 2,986,573 1,685,621 2,986,573 4,672,194 402,500 690,933 605,000 4,672,194 —> 4,672,194 7 5,363,127 5,074,694 5,363,127 5,968,127 for LTAC P:\Finance\2023 Budget\Budget Worksheets\Lodging Tax \20221108 Admin Report\Lodging Tax Award History 2003-2022 CITY OF SPOKANE VALLEY, WA Lodging Tax Application ! Award History For the years 2003 through 2021 2003 2004 2005 2006 AGENCIES Application 1 Award Application I Award Application I Award Application I Award Armed Forces & Aerospace Museum 3,327 0 2,531 0 0 0 0 0 Burke Marketing 0 0 0 0 0 0 0 0 CenterPlace- marketing 0 0 0 40,000 0 0 0 40,000 CenterPlace - marketing to regional meeting planners 0 0 0 0 0 0 0 0 Chamber of Commerce 0 0 0 0 15,440 0 15,440 5,000 City of Spokane Valley- Directed Marketing 0 0 0 0 0 0 0 0 City of Spokane Valley- Tourism Study 0 0 0 0 0 0 0 0 City of Spokane Valley- Volleyball courts 0 0 0 0 0 0 0 0 Evergreen Regional Volleyball Court Expansion 0 0 0 0 0 0 0 0 Fair & Expo Marketing 58,376 17,500 35,000 25,000 21,000 18,000 0 0 Fairgrounds 0 0 21,000 15,000 0 0 0 0 Family Guide 0 0 0 0 0 0 0 0 Friends of Centennial Trail 23,480 0 2,000 2,000 0 0 9,000 0 Historic Flight Foundation 0 0 0 0 0 0 0 0 HUB Sports Center D 0 0 0 0 0 0 0 Inland Dance Association 0 0 0 0 0 0 2,535 0 Inland NW Sr. Wellness Conference 12,500 0 0 0 0 0 0 0 JAKT - Brews, Beats, & Eats 0 0 0 0 0 0 0 0 JAKT - Craft Beer 0 0 0 0 0 0 0 0 JAKT - Crave NW 0 0 0 0 0 0 0 0 JAKT - Farmers Market 0 0 0 0 0 0 0 0 JAKT- Oktoberfest 0 0 0 0 0 0 0 0 JAKT- SpokaneValieyEvents 0 0 0 0 0 0 0 0 Latah Creek Wine Cellars 20,000 0 0 0 0 0 0 0 Liberty Lake Rotary Club 0 0 0 0 0 0 0 0 Northwest Winterfest 0 0 0 0 0 0 0 0 Plantes Ferry Park 0 0 71,842 20,000 0 0 23,876 0 Six Bridges Arts Association 0 D 0 0 0 0 0 0 Splash -Down Family Waterpark 230,000 0 0 0 0 0 0 0 Spo Con 0 0 0 0 0 0 0 0 Spokane Arts Commission 15,060 0 0 0 0 0 0 0 Spokane County Fair & Expo Center 0 0 0 0 0 0 0 0 Spokane County Fair & Expo Center- Winter Glow Spec 0 0 0 0 0 0 0 0 Spokane County Parks, Recreation, & Golf 0 0 0 0 0 0 0 0 Spokane Horse Breeders of Inland NW 5,830 0 0 0 0 0 0 0 Spokane Polo Club 30,100 0 0 0 0 0 0 0 Spokane Rogiono4Sports Commission 120,000 52,200 150,000 100,000 100,000 75,000 100,000 84,000 Spokane River Forum 0 0 0 0 0 0 0 0 Spokane Symphony 20,000 0 20,000 0 0 0 0 0 Spokane Valley Heritage Museum 40,000 1,000 0 0 22,100 10,000 49,104 5,000 Spokane Valley Soccer Club 0 0 0 0 0 0 0 0 Spokane Valley Summer Theatre 0 0 0 0 0 0 0 0 Spokane Winery Association 3,285 0 8,250 2,000 0 0 0 0 Sports USA Sports Complex 103,000 0 0 0 0 0 0 0 SV Junior Soccer Association 96,642 24,800 71,842 0 0 0 4,000 4,000 U.S. Figure Skating 0 0 0 0 0 0 0 0 Valleyfest 19,724 2,800 49,700 0 27,200 15,000 25,900 15,000 Valleyfest - Cycle Celebration 0 0 0 0 0 0 0 0 Valleyfest (additional for Spring 07 (forfloat) 0 0 0 0 0 0 0 0 Visit Spokane ( ) 200,000 83,700 250,000 150,000 200,000 136,000 200,000 165,000 WebMaker 30,000 0 0 0 0 0 0 0 YMCA 50,000 16,000 12,000 6,000 12,000 6,000 17,000 7,000 YMCA Skateboard Park 0 18,000 0 0 0 0 0 0 Transfer out to Fund #104 0 0 0 0 0 0 0 0 Total 1,090,264 218,000 694,165 360,000 397,740 260,000 446,855 325,000 Page 1of5 P:\Finance\2023 Budget \Budget Worksheets\Lodging Tax \20221108 Admin Report\Lodging Tax Award History 2003-2022 CITY OF SPOKANE VALLEY, WA Lodging Tax Application 1 Award History For the years 2003 through 2021 AGENCIES 2007 2008 2009 2010 07 Apply 07 Award Sprg 07 Appy Sprg 07 Awar Application I Award Application I Award Application I Award Armed Forces & Aerospace Museum 0 0 0 0 0 0 0 0 0 0 Burke Marketing 0 0 147,500 0 0 0 0 0 0 0 CenterPlace- marketing 0 40,000 0 0 90,000 90,000 0 90,000 0 37,500 CenterPlace - marketing to regional meeting planners 0 0 0 0 0 0 0 0 0 0 Chamber of Commerce 50,00e 50,000 50,000 50,000 155,000 0 0 0 0 0 City of Spokane Valley - Directed Marketing 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Tourism Study 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Volleyball courts 0 D 0 0 0 0 0 0 0 0 Evergreen Regional Volleyball Court Expansion 0 0 0 0 0 0 0 0 0 0 Fair & Expo Marketing 20,000 20,000 0 0 30,000 30,000 30,000 18,250 0 0 Fairgrounds 0 0 0 0 0 0 0 0 0 0 Family Guide 0 0 0 0 0 0 0 0 0 0 Friends of Centennial Trail 0 0 0 0 0 0 0 0 0 0 Historic Flight Foundation 0 0 0 0 0 0 0 0 0 0 HUB Sports Center 0 0 0 0 0 0 0 0 0 0 Inland Dance Association 0 0 2,535 0 0 0 0 0 0 0 Inland NW Sr. Wellness Conference 0 0 0 0 0 0 0 0 0 0 JAKT - Brews, Beats, & Eats 0 0 0 0 0 0 0 0 0 0 JAKT - Craft Beer 0 0 0 0 0 0 0 0 0 0 JAKT-Crave NW 0 0 0 0 0 0 0 0 0 0 JAKT - Farmers Market 0 0 0 0 0 0 0 0 0 0 JAKT-Oktoberfest 0 0 0 0 0 0 0 0 0 0 JAKT - Spokane Valley Events 0 0 0 0 0 0 0 0 0 0 Latah Creek Wine Cellars 0 0 0 D 0 0 0 0 0 0 Liberty Lake Rotary Club 0 0 0 0 0 0 0 0 0 0 Northwest Winterfest 0 0 0 0 0 0 0 0 0 0 Plantes Ferry Park 30,000 0 0 0 0 0 0 0 0 0 Six Bridges Arts Association 15,000 12,500 0 0 0 0 0 0 0 0 Splash -Down Family Waterpark 0 0 0 0 0 0 0 0 0 0 Spo Con 0 0 0 0 0 0 0 0 0 0 Spokane Arts Commission 0 0 0 0 0 0 0 0 0 0 Spokane County Fair & Expo Center 0 0 0 0 0 0 0 0 0 0 Spokane County Fair & Expo Center- Winter Glow Spec 0 0 0 0 0 0 0 0 0 0 Spokane County Parks, Recreation, & Golf 0 0 0 0 0 0 0 4 0 0 Spokane Horse Breeders of Inland NW 0 0 0 0 0 0 0 0 0 0 Spokane Polo Club 0 0 0 0 0 0 0 0 0 0 Spokane Regiaaa€Sports Commission 100,000 100,000 0 0 175,000 145,000 190,000 115,000 150,000 120,000 Spokane River Forum 0 0 0 0 0 0 0 0 0 0 Spokane Symphony 0 0 0 0 0 0 0 0 0 0 Spokane Valley Heritage Museum 27,450 10,000 0 0 0 0 30,260 3,250 11,600 5,000 Spokane Valley Soccer Club 0 0 0 0 0 0 0 0 0 0 Spokane Valley Summer Theatre 0 0 0 0 0 0 0 0 0 0 Spokane Winery Association 0 0 7,500 7,500 8,300 8,300 9,000 0 0 0 Sports USA Sports Complex 0 0 0 0 0 0 0 0 0 0 SV Junior Soccer Association 0 0 17,000 30,300 0 0 0 0 0 0 U.S. Figure Skating 0 0 0 0 0 15,000 0 15,000 0 0 Valleyfest 30,000 25,000 5,000 5,000 40,000 30,000 50,000 27,500 50,000 30,000 Valteyfest- Cycle Celebration 0 0 0 0 0 0 0 0 0 0 Valleyfest (additional for Spring 07 (for float) 0 0 6,000 0 0 0 0 0 0 0 Visit Spokane ( ) 175,000 175,000 78,000 78,000 325,000 306,000 336,000 236,000 275,000 195,000 WebMaker 0 0 0 0 0 0 0 0 0 0 YMCA 0 0 0 0 0 0 0 0 0 0 YMCA Skateboard Park 0 0 0 0 0 0 0 0 0 0 Transfer out to Fund #104 0 0 0 0 0 0 0 0 0 0 Total 447,450 432,500 313,53$ 170,800 823,300 624,300 645,260 505,000 466,500 387,500 Page 2 of 5 P:1,Finance\2023 Budgot\Budget Worksheets \Lodging Tax\2022 11 08 Admi n Report\Lodgi ng Tax Award History 2003-2022 CITY OF SPOKANE VALLEY, WA Lodging Tax Application 1 Award History For the years 2003 through 2021 AGENCIES 2011 2012 2013 2014. Application I Award Rnd 1 App I Rnd 1 Awrd Rnd 2 App 1 Rnd 2 Awrd Application I Award Application I. Award Armed Forces & Aerospace Museum 0 0 0 0 0 0 0 0 0 0 Burke Marketing 0 0 0 0 0 0 0 0 0 0 CenterPlace - marketing 0 0 0 30,000 0 0 0 30,000 0 30,000 CenterPlace- marketing to regional meeting planners 0 0 0 0 0 0 0 0 0 0 Chamber of Commerce 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley- Directed Marketing 0 0 0 0 0 0 0 55,000 0 0 City of Spokane Valley - Tourism Study 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Volleyball courts 0 0 0 0 0 0 0 0 0 0 Evergreen Regional Volleyball Court Expansion 0 0 0 0 0 0 0 0 7,500 7,300 Fair & Expo Marketing 0 0 0 0 0 0 0 0 0 0 Fairgrounds 0 0 0 0 0 0 0 0 0 0 Family Guide 0 0 0 0 0 0 0 0 0 0 Friends of Centennial Trail 0 0 0 0 0 0 0 0 6,600 0 Historic Flight Foundation 0 0 0 0 0 0 0 0 0 0 HUB Sports Center 40,000 40,000 50,000 42,600 0 0 50,000 21,100 40,000 36,000 Inland Dance Association 0 0 0 0 0 0 0 0 0 0 Inland NW Sr. Wellness Conference 0 0 0 0 0 0 0 0 0 0 JAKT - Brews, Beats, & Eats 0 0 0 0 0 0 0 0 0 0 JAKT- Craft Beer 0 0 0 0 0 0 0 0 0 0 JAKT - Crave NW 0 0 0 0 0 0 0 0 0 0 JAKT - Farmers Market 0 0 . 0 0 0 0 0 0 0 0 JAKT - Oktoberfest 0 0 0 0 0 0 0 0 0 0 JAKT- SpokaneValleyEvents 0 0 0 0 0 0 0 0 0 0 Latah Creek Wine Cellars 0 0 0 0 0 0 0 0 0 0 Liberty Lake Rotary Club 0 0 0 0 5,000 0 0 0 5,000 0 Northwest Winterfest 0 0 0 0 0 0 0 0 0 0 Plantes Ferry Park 0 0 0 0 0 0 0 0 0 0 Six Bridges Arts Association 0 0 0 0 0 0 0 0 0 0 Splash -Down Family Waterpark 0 0 0 0 0 0 0 0 0 0 Spo Con 0 0 70,131 0 0 0 0 0 0 0 Spokane Arts Commission 0 0 0 0 50,000 0 0 0 0 0 Spokane County Fair & Expo Center 0 0 0 0 30,000 25,900 30,000 27,800 50,000 39,800 Spokane County Fair & Expo Center- Winter Glow Spet 0 0 0 0 0 0 0 0 0 0 Spokane County Parks, Recreation, & Golf 0 0 0 0 0 0 0 0 0 0 Spokane Horse Breeders of Inland NW 0 0 0 0 0 0 0 0 0 0 Spokane Polo Club 0 0 0 0 0 0 0 0 0 0 Spokane Rcgional Sports Commission 165,000 165,000 200,000 185,000 0 0 200,000 150,200 200,000 183,800 Spokane River Forum 0 0 0 0 0 0 0 0 0 0 Spokane Symphony 0 0 0 0 0 0 0 0 0 0 Spokane Valley Heritage Museum 5,000 5,000 5,000 3,900 5,000 1,100 12,000 6,400 20,000 13,100 Spokane Valley Soccer Club 0 0 0 0 25,000 0 0 0 0 0 Spokane Valley Summer Theatre 0 0 0 0 0 0 0 0 0 0 Spokane Winery Association 0 0 0 0 0 0 0 0 0 0 Sports USA Sports Complex 0 0 0 0 0 0 0 0 0 0 SVJuniorSoccerAssociation 0 0 0 0 0 0 0 0 0 0 U.S. Figure Skating 0 0 0 0 0 0 0 0 0 0 Valleyfest 50,000 36,000 50,000 0 50,000 30,000 50,000 35,200 50,000 20,000 Valleyfest - Cycle Celebration 0 0 0 0 0 0 0 0 0 0 Valleyfest (additional for Spring 07 (for float) 0 0 0 0 0 0 0 0 0 0 Visit Spokane ( ) 250,000 250,000 0 0 275,000 251,720 350,000 184,800 280,000 247,000 WebMaker 0 0 0 0 0 0 0 0 0 0 YMCA 0 0 0 0 0 0 0 0 0 0 YMCA Skateboard Park 0 0 0 0 0 0 0 0 0 0 Transfer out to Fund #104 0 0 0 0 0 0 0 0 0 0 Total 510,000 496,000 375,131 261,500 440,000 308,720 692,000 510,500 659,100 577,000 Page 3 of 5 P:\Finance\2023 Budget\Budget Worksheets\Lodging Tax \20221108 Admin Report\Lodging Tax Award History 2003-2022 CITY OF SPOKANE VALLEY, WA Lodging Tax Application 1 Award History For the years 2003 through 2021 AGENCIES 2015 2016 2017 2018 2019 Application I Award Application I Award Application I Award Application I Award ' Application I Award Armed Forces & Aerospace Museum 0 0 0 0 0 0 0 0 0 0 Burke Marketing 0 D 0 0 0 0 0 0 0 0 CenterPlace- marketing 0 30,000 0 30,000 0 30,000 0 30,000 0 30,000 CenterPlace - marketing to regional meeting planners 30,000 17,000 0 0 0 0 0 0 0 0 Chamber of Commerce 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley- Directed Marketing 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley -Tourism Study 0 0 86,750 80,000 0 0 0 0 0 0 City of Spokane Valley -Volleyball courts 120,000 68,000 160,000 60,650 233,508 0 238,000 0 0 0 Evergreen Regional Volleyball Court Expansion 0 0 0 0 0 0 0 0 0 0 Fair& Expo Marketing 0 0 0 0 0 0 0 0 0 0 Fairgrounds 0 0 0 0 0 0 0 0 0 0 Family Guide 0 0 0 0 35,000 0 0 0 0 0 Friends of Centennial Trail 0 0 0 0 0 0 0 0 0 0 Historic Flight Foundation 0 0 0 0 0 0 0 0 0 0 HUB Sports Center 40,000 40,000 40,000 40,000 40,000 40,000 54,000 48,400 55,100 52,000 Inland Dance Association 0 0 0 0 0 0 0 0 0 0 Inland NW Sr. Wellness Conference 0 0 0 0 0 0 0 0 0 0 JAKT - Brews, Beats, & Eats 0 0 0 0 0 0 D 0 0 0 JAKT-Craft Beer 0 0 0 0 0 0 0 0 0 0 JAKT- Crave NW 0 0 0 0 0 0 50,000 30,000 50,000 21,500 JAKT-Farmers Market 0 0 0 0 0 0 0 0 15,000 7,000 JAKT-Oktoberfest 0 0 0 0 0 0 20,000 10,000 20,000 5,000 JAKT - Spokane Valley Events 0 0 0 0 0 0 0 0 0 0 Latah Creek Wine Cellars 0 0 0 0 0 0 0 0 0 0 Liberty Lake Rotary Club 0 0 0 0 0 0 0 0 0 0 Northwest Winterfest 0 0 0 0 0 0 0 0 0 0 Plantes Ferry Park 0 0 0 0 0 0 0 0 0 0 Six Bridges Arts Association 0 0 0 0 0 0 0 0 0 0 Splash -Down Family Waterpark 0 0 0 0 0 0 0 0 0 0 Spo Con 0 0 0 0 0 0 0 0 0 0 Spokane Arts Commission 0 0 0 0 0 0 0 0 0 0 Spokane County Fair & Expo Center 44,000 44,000 100,000 45,000 60,000 47,000 60,000 50,000 60,000 55,000 Spokane County Fair & Expo Center- Winter Glow Spec 0 0 0 0 20,000 2,170 0 0 0 0 Spokane County Parks, Recreation, & Golf 0 0 0 0 0 0 0 0 75,000 35,000 Spokane Horse Breeders of Inland NW 0 0 0 0 0 0 0 0 0 0 Spokane Polo Club 0 0 0 0 0 0 0 0 0 0 Spokaneianal SportsCommission 200,000 120,000 200,000 121,600 200,000 115,600 200,000 80,000 200,000 0 Spokane River Forum 1,000 1,000 0 0 0 0 0 0 0 0 Spokane Symphony 0 0 0 0 0 0 0 0 0 0 Spokane Valley Heritage Museum 28,209 18,400 35,800 17,200 27,500 9,50D 25,000 13,000 28,500 5,500 Spokane Valley Soccer Club 0 0 0 0 0 0 0 0 0 0 Spokane Valley Summer Theatre 0 0 0 0 0 0 0 0 0 0 Spokane Winery Association 0 0 0 0 0 0 0 0 0 0 Sports USA Sports Complex 0 0 0 0 0 0 0 0 0 0 SVJuniorSoccerAssociation 0 0 0 0 0 0 0 0 0 0 U.S. Figure Skating 0 0 0 0 0 0 0 0 0 0 Valleyfest 64,000 31,600 60,000 28,900 150,000 31,600 150,000 18,600 150,000 12,000 Valleyfest- CycleCelebration 0 0 10,000 3,000 25,000 5,000 25,000 2,000 25,000 1,000 Valleyfest (additional for Spring 07 (for float) 0 0 0 0 0 0 0 0 0 0 Visit Spokane ( ) 328,430 230,000 253,777 163,650 282,830 103,130 282,830 70,000 200,000 48,000 WebMaker 0 0 0 0 0 0 0 0 0 0 YMCA 0 0 0 0 0 0 0 0 0 0 YMCA Skateboard Park 0 0 0 0 0 0 0 0 0 0 Transfer out to Fund #104 0 0 0 0 0 250,000 0 250,000 0 275,000 Total 855,639 600,000 946,327 590,000 1,073.838 634,000 1,104,830 602,000 886,600 547,000 Page 4 of 5 P:\Finance`2023 Budget\Budget Worksheets\Lodging Tax \2022110S Admin Report\Lodging Tax Award History 2003-2022 CITY OF SPOKANE VALLEY, WA Lodging Tax Application / Award History For the years 2003 through 2021 L 11.1.2022 1 AGENCIES 2020 2021 2022 Total Application 1 Award Application. I Award Application I Award Application 1 Award Armed Forces & Aerospace Museum 0 0 0 0 0 0 5,858 0 Burke Marketing 0 0 0 0 0 0 147,500 0 CenterPlace- marketing 0 30,000 0 30,000 0 30,000 90,000 867,500 CenterPlace- marketing to regional meeting planners 0 0 0 0 0 0 30,000 17,000 Chamber of Commerce 0 0 0 0 0 0 285,880 105,000 City of Spokane Valley - Directed Marketing 0 0 0 0 0 0 0 55,000 City of Spokane Valley - Tourism Study 0 0 0 0 0 0 86,750 80,000 City of Spokane Valley - Volleyball courts 0 0 0 0 0 0 751,508 128,650 Evergreen Regional Volleyball Court Expansion 0 0 0 0 0 0 7,500 7,300 Fair & Expo Marketing 0 0 0 0 0 0 194,376 128,750 Fairgrounds 0 0 0 0 0 0 21,000 15,000 Family Guide 0 0 0 0 0 0 35,000 0 Friends of Centennial Trail 0 0 0 0 0 0 41,080 2,000 Historic Flight Foundation 0 0 15,040 15,000 0 0 15,000 15,000 HUB Sports Center 55,100 55,020 45,000 45,000 55,000 55,000 564,200 515,120 Inland Dance Association 0 0 0 0 0 ❑ 5,070 0 Inland NW Sr, Wellness Conference 0 0 0 0 0 0 12,500 0 JAKT- Brews, Beats, & Eats 0 0 20,000 2,600 15,000 6,500 35,000 9,100 JAKT- Craft Beer 0 0 0 0 15,000 6,000 15,000 6,000 JAKT - Crave NW 38,000 18,60D 25,000 15,200 50,000 30,400 223,000 115,300 JAKT- Farmers Market 18,000 8,000 20,000 7,200 25,000 17,000 78,000 39,200 JAKT-Oktoberfest 20,000 8,400 0 0 0 0 60,000 23,400 JAKT- Spokane Valley Events 0 0 0 0 400,000 0 400,000 0 Latah Creek Wine Cellars 0 0 0 0 0 0 20,000 0 Liberty Lake Rotary Club 0 0 0 0 0 0 10,000 0 NorthwestWinterfest 50,000 48,000 50,000 49,000 45,000 45,000 145,000 142,000 Plantes Ferry Park 0 0 0 0 0 0 125,718 20,000 Six Bridges Arts Association 0 0 0 0 0 0 15,000 12,500 Splash -Down Family Waterpark 0 0 0 0 0 0 230,000 0 Spo Con 0 0 0 0 0 0 70,131 0 Spokane Arts Commission 0 0 0 0 0 0 65,000 0 Spokane County Fair & Expo Center 75,000 66,000 50,000 49,000 75,000 64,000 634,000 513,500 Spokane County Fair & Expo Center- Winter Glow Spec 0 0 0 0 0 0 20,000 2,170 Spokane County Parks, Recreation, & Goff 0 0 0 0 D 0 75,000 35,000 Spokane Horse Breeders of Inland NW 0 0 0 0 0 0 5,830 0 Spokane Polo Club 0 0 0 0 0 0 30,100 0 Spokane Regional. Sports Commission 50,000 45,000 55,000 0 0 0 2,955,000 1,957,400 Spokane River Forum 0 0 0 0 0 0 1,000 1,000 Spokane Symphony 0 0 0 0 0 0 40,000 0 Spokane Valley Heritage Museum 0 0 0 0 40,000 27,000 412,523 154,350 Spokane Valley Soccer Club 0 0 0 0 0 0 25,000 0 Spokane Valley Summer Theatre 0 ❑ 0 0 20,000 20,000 20,000 20,000 Spokane Winery Association 0 0 0 0 0 D 36,335 17,800 Sports USA Sports Complex 0 0 0 0 0 0 103,000 0 SVJuniorSoccerAssociation 0 0 0 0 0 0 189,484 59,100 U.S. Figure Skating 0 0 0 0 0 0 0 30,000 Valleyfest 150,000 18,600 18,000 12,500 30,000 24,000 1,319,524 449,400 Valleyfest- CycleCelebration 25,000 1,380 5,000 1,800 5,000 3,500 120,000 17,680 Valleyfest (additional for Spring 07 (for float) 0 0 0 0 0 0 6,000 0 Visit Spokane (Spokane Visitor Convention Burson) 50,000 50,000 0 0 0 0 4,591,867 3,123,000 WebMaker 0 0 0 0 0 0 39,000 0 YMCA 0 0 0 0 0 0 91,000 37,000 YMCA Skateboard Park 0 0 0 0 0 0 0 18,000 0 0 Transfer out to Fund #104 0 450,000 0 480,840 0 273,000 0 1,978,840 Total 531,100 799,000 303,000 708,240 775,000 601,000 14,499,734 10,518,060 Page 5 of 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 13, 2022 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 — proposed interlocal agreement with Millwood regarding building plan review services and planning services. GOVERNING LEGISLATION: RCW 39.34.080 — Interlocal Agreements. PREVIOUS COUNCIL ACTION TAKEN: Administrative report December 6, 2022. BACKGROUND: The City of Millwood does not have in-house staff or software to process applications for building plan review, and currently receives these services through an interlocal agreement with Spokane County. Millwood Mayor Freeman contacted the City to inquire whether Spokane Valley had the capacity and willingness to provide these services for Millwood. Staff determined the City could provide those services to Millwood without any reduction in level of service for City customers, and without material impact on our workload due to the low frequency with which the services would be needed by Millwood. Staff further discussed with Mayor Freeman that Spokane Valley may occasionally need the services of Millwood's Planner, Christina Janssen, to supplement our staff for specific projects. Ms. Janssen previously worked as a Planner for the City, so staff are familiar with her capabilities. In those instances, the City would timely request Ms. Janssen's assistance on a project basis, which would be approved depending on her availability. Under these terms, Millwood could make Ms. Janssen available to assist the City. Millwood applicants would be subject to the fees adopted in the City's current Master Fee Schedule, and would also pay for one license fee for access to the on-line permitting system. In those instances where the City utilized the services of Millwood's Planner, the City would pay Millwood $65 per hour worked. This proposed interlocal agreement provides an opportunity for Spokane Valley and Millwood to collaboratively provide for the citizens of both entities without any apparent negative consequences for either. The agreement would continue until one or both parties gave at least 60 days' advance notice of termination. City staff would continue to monitor workflow issues to ensure that service to our citizens is not negatively impacted by continuation of the agreement. Millwood is expected to approve it this evening. OPTIONS: (1) Approve the proposed interlocal agreement; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: I move we approve the interlocal agreement with Millwood regarding plan review services and planning services and authorize the City Manager to finalize and execute the same. BUDGET/FINANCIAL IMPACTS: This is expected to be revenue neutral because our fees are set at an amount to recover actual costs. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Draft interlocal agreement for provision of plan review services and planning services. DRAFT INTERLOCAL AGREEMENT FOR BUILDING PLAN REVIEW AND PLANNING SERVICES BETWEEN THE CITY OF MILLWOOD AND THE CITY OF SPOKANE VALLEY THIS AGREEMENT, made and entered into by and between the City of Millwood, a municipal corporation of the State of Washington, and the City of Spokane Valley, a municipal corporation of the State of Washington, hereinafter referred to as "Spokane Valley," jointly hereinafter referred to as the `Parties." Millwood and Spokane Valley agree as follows: SECTION NO. 1: RECITALS AND FINDINGS A. Cities may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW (Interlocal Cooperation Act); and B. Millwood has adopted and enforces the Washington State Building Code pursuant to chapter 19.27 RCW within its jurisdictional boundaries; and C. Spokane Valley has a building division staffed by trained personnel that regularly review permit applications and plans for compliance with the Washington State Building Code; and D. Millwood has a need for building plan review services to supplement their plan review program and Spokane Valley currently has the ability to provide these services without negative impacts to its program or service level; and E. Spokane Valley has a need for occasional planning services, and Millwood has the ability to provide such services depending upon current availability of their own staff; and F. This Agreement is entered into for the benefit of the Parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. SECTION NO. 2: DEFINITIONS A. Agreement: "Agreement"' means this Interlocal Agreement between Millwood and Spokane Valley regarding building plan review services. B. Services: "Services" means those services identified in this Agreement. C. Compensation: " Compensation" means the amount of money which the Parties will collect for providing Services as identified in this Agreement. D. Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning, pandemic, or earthquakes at or near where the Services are performed and/or that directly affect provision of such Services. SECTION NO. 3: PURPOSE The purpose of this Agreement is to establish the terms and conditions of the Parties with respect to provision of the building plan review and permitting services by Spokane Valley to Millwood, and planning services by Millwood to Spokane Valley. It is the intent of the Parties that Services will be provided consistent with Millwood's strong -mayor form of government pursuant to RCW Title 35, and with Spokane Valley's council-manager form of government pursuant to RCW Title 35A. Interlocal Agreement, Millwood Page 1 of 7 DRAFT SECTION NO. 4: DURATION/WITHDRAWAL This Agreement shall commence on January 1, 2023 and run until one of the Parties provides notice pursuant to Section 9. Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of 60 days' advance written notice. SECTION NO. 5: SPOKANE VALLEY'S RESPONSIBILITIES Spokane Valley shall conduct plan reviews of building permit applications and perform building permit inspections for compliance with the Washington State Building Code, as currently adopted or subsequently amended, on behalf of Millwood using Spokane Valley staff. A. Spokane Valley agrees to utilize a certified plans examiner and/or certified building inspector to conduct reviews. B. Plan reviews of building permit applications shall be conducted as generally set forth in Exhibit A to this Agreement. C. Unless previously agreed to by both Parties, the building permit plan review will be completed with written comments returned to the permit applicant in 10 working days or less for applications reviewed subject to the current International Residential Code (IRC), and 20 working days or less for applications reviewed subject to the current International Building Code (IBC). Notwithstanding the above, plan review times m ay be adjusted by written agreement of both Parties. D. Following submission of a compliant building plan application to Spokane Valley by the applicant, Spokane Valley will issue the applicant a building permit. This permit will be identified in such a way that Millwood may access, track, and review the permit inspection status in the Spokane Valley permitting system. E. Spokane Valley will furnish all applicable building inspections associated with the permit. These inspections include commercial and residential building structures, re -roofing, mechanical/HVAC, and plumbing. F. Once the applicant has received final approval for all appropriate inspected elements, Spokane Valley will note the permit as "complete" within the Spokane Valley permitting system. SECTION NO. 6: MILLWOOD' S RESPONSIBILITIES A. Millwood will direct building permit applicants to Spokane Valley only after review and approval of a site plan by Millwood. B. Millwood is responsible for all road approach, water, and sewer permits associated with the application. C. Millwood will issue a Certificate of Occupancy to the applicant when the permit is noted as "complete" within the Spokane Valley permitting system. D. Millwood shall provide occasional planning services to Spokane Valley when requested, so long as Millwood has trained staff for such services, and subject to work capacity of Millwood's trained planner(s). Interlocal Agreement, Millwood Page 2 of 7 DRAFT Unless previously agreed to by both Parties, any planning services provided pursuant to this Agreement shall be completed with any written comments returned to Spokane Valley within 10 working days. Notwithstanding the foregoing, planning services time frames may be adjusted by written agreement of both Parties. SECTION NO 7: COST OF SERVICES AND PAYMENTS A. Spokane Valley services. Spokane Valley shall charge applicable building plan review and permitting fees pursuant to its currently -adopted Master Fee Schedule B — Building Fees, attached as Exhibit B to this Agreement and as may be amended by Spokane Valley. Permit applicants shall be responsible for remitting payment of permitting fees directly to the City of Spokane Valley. Millwood shall annually pay for a Spokane Valley permit software single -user license. B. Millwood services. Millwood shall charge Spokane Valley the hourly rate of $65.00 for planning services provided pursuant to this Agreement. This amount may be modified annually by the Parties to reflect actual cost of services. C. The Parties recognize that it is not always possible for either Party to timely discover errors in payment. The Parties further recognize that there must be some finality to addressing such errors. Accordingly, the Parties agree that both Parties are precluded from challenging any errors in payment if the matter is not drawn in writing to the other Party's attention within 30 calendar days of the last invoice of the calendar year. Errors raised within this time frame that are not mutually resolved shall be subject to the Dispute Resolution pursuant to Section 17 unless otherwise agreed. SECTION NO. 8: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES A Spokane Valley representative shall make reasonable efforts to meet upon request by Millwood 's Mayor or his/her designee to discuss any Service provided under the terms of this Agreement. SECTION NO. 9 NOTICE All notices or other communications given hereunder shall be deemed given on: (i) 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 Spokane Valley or Millwood 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: CITY OF SPOKANE VALLEY: CITY OF MILLWOOD: City of Spokane Valley City Manager or his/her authorized representative 10210 East Sprague Avenue Spokane Valley, Washington 99206 City of Millwood Mayor or his/her authorized representative 9103 East Frederick Avenue Millwood, Washington 99206 Interlocal Agreement, Millwood Page 3 of 7 DRAFT 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: EMPLOYEES OF EACH PARTY Spokane Valley shall appoint, hire, assign, retain, and discipline all employees performing Spokane Valley Services under this Agreement. Millwood shall appoint, hire, assign, retain, and discipline all employees performing Millwood Services under this Agreement. SECTION NO. 12: LIABILITY A. Spokane Valley shall indemnify and hold harmless Millwood and its officers, agents, and employees from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any alleged negligent act or omission of Spokane Valley, its officers, agents, and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against Millwood, Spokane Valley shall defend the same at its sole cost and expense; provided that Millwood reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against Millwood, and its officers, agents, and employees, or jointly against Millwood and Spokane Valley and their respective officers, agents, and employees, Spokane Valley shall satisfy the same. B. Millwood shall indemnify and hold harmless Spokane Valley and its officers, agents, and employees from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any alleged negligent act or omission of Spokane Valley, its officers, agents, and employees relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against Spokane Valley, Millwood shall defend the same at its sole cost and expense; provided that Spokane Valley reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against Spokane Valley, and its officers, agents, and employees, or jointly against Spokane Valley and Millwood and their respective officers, agents, and employees, Millwood shall satisfy the same. C. If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. D. 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 . E. Each Parry's duty to indemnify shall survive the termination or expiration of the Agreement. F. The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other P arty only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions Interlocal Agreement, Millwood Page 4 of 7 DRAFT were specifically negotiated and agreed upon by them. G. Spokane Valley and Millwood agree to either self -insure or purchase liability policies covering the matters contained in this Agreement with coverages of not less than $3,000,000 per occurrence with $3,000,000 aggregate limits including professional liability and auto liability coverages. SECTION NO. 13: RELATIONSHIP OF THE PARTIES The Parties intend that an independent contractor relationship will be created by this Agreement. Spokane Valley shall be an independent contractor and not the agent or employee of Millwood and that Millwood is interested only in the results to be achieved and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Spokane Valley. Any and all employees who provide Services to Millwood under this Agreement shall be deemed employees solely of Spokane Valley. Spokane Valley shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise,no agent, employee, servant, or representative of the Millwood shall be deemed to be an employee, agent, servant, or representative of Spokane Valley for any purpose. SECTION NO. 14: MODIFICATION This Agreement may be modified in writing by mutual written agreement of the Parties. Proposals for modification shall be submitted to the other Party at least 60 days before the end of this Agreement. SECTION NO. 15: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in conjunction with providing the Services shall remain with the original owner, unless otherwise specifically and mutually agreed to by the Parties to this Agreement. For the purpose of this section, the terminology "owner" means that Party which paid the full purchase price for the property or equipment. SECTION NO. 16: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the Parties. The Parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the Parties unless such change or addition is in writing, executed by the Parties. This Agreement shall be binding upon the Parties hereto, their successors and assigns. SECTION NO. 17: DISPUTE RESOLUTION Any dispute between the Parties which cannot be resolved between the Parties shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by Spokane Valley's City Manager and Millwood's Mayor. If Spokane Valley's City Manager and Millwood's Mayor cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding. Spokane Valley and Millwood shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The selection of arbitrators shall commence within 30 calendar days of the running of the 30 calendar days' time frame. The decision of the arbitration panel shall be binding on the Parties and shall be subject to judicial review as provided for Interlocal Agreement, Millwood Page 5 of 7 DRAFT in chapter 7.04A RCW. The costs of the arbitration panel shall be equally split between the Parties. Each Party shall be responsible for its own costs in preparing and presenting its case. SECTION NO. 18: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each Party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts ofcompetentjurisdiction within Spokane County, Washington. SECTION NO. 19: SEVERABILITY The Parties agree that if any part, term, or provision of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall not be affected in regard to the remainder of this Agreement. If it should appear that any part, term, or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term, or provision thereof that may be in conflict shall be deemed inoperative, null, and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 20: RECORDS All public records prepared, owned, used, or retained by Spokane Valley in conjunction with providing Services under the terms of this Agreement shall be deemed Millwood property and shall be made available to Millwood upon request by Millwood's Mayor subject to the attorney -client and attorney work product privileges set forth in statute, court rule, or case law. Spokane Valley will notify Millwood of any record request made pursuant to chapter 42.56 RCW for copies or viewing of such records as well as Spokane Valley's response thereto. SECTION NO. 21: HEADINGS The section headings appearing 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 NO. 22: 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 Spokane Valley which render legally impossible the performance by Spokane Valley of its obligations under this Agreement shall be deemed not a default under this Agreement. Interlocal Agreement, Millwood Page 6 of 7 DRAFT SECTION NO. 23: FILING The Parties shall comply with any requirements to file this Agreement pursuant to RCW 39.34.040. SECTION NO. 24: EXECUTION AND APPROVAL The Parties warrant that the officers executing below have been authorized to act for and on behalf of the Party for purposes of confirming this Agreement. SECTION NO. 25: INITIATIVES The Parties recognize that revenue -reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for Millwood, Spokane Valley, or both Parties. The Parties agree that it m ay become necessary to amend 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 amutually agreeable resolution in atimely fashion. SECTION NO. 26: 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. 27: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party' s authority or power under law. CITY OF MILLWOOD CITY OF SPOKANE VALLEY Kevin Freeman, Mayor John Hohman, City Manager DATED: DATED: APPROVED AS TO FORM ONLY: APPROVED AS TO FORM ONLY: Brian Werst, City Attorney Office of the City Attorney Interlocal Agreement, Millwood Page 7 of 7 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 13, 2022 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: Grant award of American Rescue Plan Act Funds to Innovia for its LaunchNW Initiative GOVERNING LEGISLATION: 42 U.S.C. § 803; 31 C.F.R. Part 35. PREVIOUS COUNCIL ACTION TAKEN: Council heard an administrative report on the American Rescue Plan Act at the July 13, 2021 Council meeting. Council heard another administrative report on this topic at the September 7, 2021 Council meeting at which Council reached consensus on a list of categories for this funding. Council heard an administrative report on February 1, 2022, and on February 8 approved a motion to create a CLFR Subcommittee to review, identify, and provide guidance on allocation and distribution options for CLFR funding. On April 26, 2022, City Council heard an administrative report on the CLFR Subcommittee On May 3, 2022, Council asked to have the Innovia allocation brought forward for consideration at the May 10, 2022 meeting. On May 10, 2022, Council gave consensus to allocate $1,000,000 to Innovia for its LaunchNW Initiative. BACKGROUND: On March 11, 2021, the President signed the American Rescue Plan Act ("ARPA") into law. ARPA provided for a wide variety of funding for a variety of purposes, including direct assistance to small businesses, for homeless and affordable housing purposes, and to state and local governments. Importantly for the City, ARPA established the Coronavirus State and Local Fiscal Recovery Funds and allocated $350 billion to these accounts to assist state and local governments in meeting pandemic response needs and rebuilding the economy. The City of Spokane Valley has received approximately $16 million from the Coronavirus Local Fiscal Recovery Fund ("CLFR"). Council has had several discussions regarding use of CLFR funds, and on May 10, 2022, Council gave consensus to allocate $1,000,000 to Innovia for its LaunchNW initiative to address educational disparities within Spokane Valley. Spokane County allocated $5,000,000 to Innovia and the City of Spokane allocated $5,000,000 to Innovia as well. The City has negotiated a grant agreement with Innovia for distribution and use of the funds. The agreement is in substantially the same form as the agreement that Innovia entered into with Spokane County. This will allow ease of use of the funds and reporting, as well as preventing potential duplicative use of the funds. The agreement is subject to City Council approval. Innovia has described LaunchNW as an economic development workforce initiative and it is intended to provide assistance to youth at various levels to ultimately increase the number of youth attending post- secondary education, vocational/trade education, or training. Pursuant to the agreement, Innovia, through LaunchNW, will provide the following: An implementation plan to identify current wrap -around services and necessary additional wrap -around services. o This includes availability, capacity for existing services to expand/scale, and gaps in service or capacity and how to fill those gaps. o This includes developing a list of trusted community -based organizations. Development of an enhanced delivery model for current wrap -around supports. This may include use of public -private partnerships to address specific measurable target outcomes for student achievement, deployment of additional support staff ("Family Engagement Coordinators"), including for availability for home access needs to help families navigate Page 1 of 2 systems for needed resources, identification of gap funding and alternative gap funding sources, documentation of baseline and semester updates of student achievement improvements. Development, implementation, and documentation of short-term and long-term community engagement strategies and communication. Creation and deployment of public facing dashboard for resource information and outcome information to be used by students and families and by stakeholders. Seventy-two percent of the funding must be used for the direct enhancements to wrap -around community supports, programming, and implementation. The remainder will be used for technical costs for program implementation and administrative and personnel costs. OPTIONS: Move to approve grant agreement with Innovia Foundation, LaunchNW for $1,000,000 award of the City's American Rescue Plan, Coronavirus State and Local Fiscal Recovery Funds Award and authorize the City Manager to finalize and execute the agreement in substantially the form presented; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve contract with Innovia Foundation, LaunchNW for $1,000,000 award of the City's American Rescue Plan, Coronavirus State and Local Fiscal Recovery Funds Award and authorize the City Manager to finalize and execute the agreement in substantially the form presented. BUDGET/FINANCIAL IMPACTS: Approximately $16 million added to budget for eligible expenses. These amounts are not currently included in the 2023 Budget and will be added with a future budget amendment. This award will reduce the available CLFR funds by $1,000,000 over the term of the agreement. STAFF CONTACT: Erik Lamb, Deputy City Manager ATTACHMENTS: Draft Agreement with Innovia Foundation, LaunchNW Page 2 of 2 AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND INNOVIA FOUNDATION IN CONJUNCTION WITH THE AMERICAN RESCUE PLAN, CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AWARD 1. Contracted Firm Innovia Foundation, LaunchNW 818 W Riverside Ave #650 Spokane, Washington 99201 2.Award Amount (up to) $1,000,000.00 3. Tax ID# 91-0941053 4. Contracted Firm Representative Shelly O'Quinn, Chief Executive Officer Innovia Foundation 818 W Riverside Ave #650 Spokane, Washington 99201 (509) 624-2606 soquinn@innovia.org 5. Spokane Valley Program Manager Chelsie Taylor, Finance Director City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 509-720-5040 ctaylor@spokanevalley.org 6. Spokane Valley Contract Manager Sarah Farr, Accountant/Budget Analyst City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 509-720- 5041 sfarr@spokanevalley.org ; ctaylor@spokanevalley.org 7. Start Date 9/1/2022 8. End Date 12/31/2026 with 6/30/24 reporting check -in point 9. CFDA # 21.027 — Coronavirus State and Local Fiscal Recovery Funds 10. Federal Agency: U.S. Department of Treasury 11. UEI # JGNFHK7ULLB2 12. Contract Number and Purchasing No To be updated 13. Contract Purpose & Description: The American Rescue Plan (ARP) /Coronavirus State and Local Fiscal Recovery Funds (SLFRF) requires that the payments from the Coronavirus State and Local Fiscal Recovery Funds be used to cover expenses: (1) that respond to the COVID-19 public health emergency or its' negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; (2) that respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; (3) for the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent fiscal year prior to the emergency; and (4) that make necessary investments in water, sewer, or broadband infrastructure. 14. IN WITNESS WHEREOF SPOKANE VALLEY and the INNOVIA acknowledge and accept the terms of this AGREEMENT, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this AGREEMENT as of the date below. This AGREEMENT Face Sheet; Statement of Work (Exhibit A); Budget (Exhibit B); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this AGREEMENT. No other understandings, oral or otherwise, regarding the subject matter of this AGREEMENT shall be deemed to exist or to bind any of the parties hereto. FOR THE CONTRACTED FIRM: FOR CITY OF SPOKANE VALLEY: Signature Date Signature Date Name Name Title Title (FACE SHEET) Page 1 of 38 WHEREAS, an original agreement was made pursuant to Spokane County's Request for Proposal (RFP) P12850 and Resolution 2022-0296 dated May 3, 2022, as of August 1, 2022 by and between Spokane County (COUNTY), a political subdivision of the State of Washington having offices for the transaction of business as listed above and the Innovia Foundation ("FIRM") a community foundation, in the State of Washington; and WHEREAS, pursuant to RFP P12850, "the undersigned [Firm] agree[d] to sell additional items or provide the same service at the bid price, terms and conditions to Spokane County as well as other public agencies with whom Spokane County has entered into Interlocal Purchase Agreements pursuant to RCW 39.34"; and WHEREAS, pursuant to the provisions of chapter 39.34 RCW, any two or more public agencies may enter into agreements with one another for joint or cooperative action; and WHEREAS, pursuant to the provisions of RCW 39.34.080, any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform; and WHEREAS, the City of Spokane Valley (CITY) and the COUNTY have previously entered into an Intergovernmental Cooperative Purchasing Agreement pursuant to chapter 39.34 RCW; and WHEREAS, said Intergovernmental Cooperative Purchasing Agreement covers all COUNTY and CITY goods and services purchase contracts; and WHEREAS, the FIRM's proposal sent to the COUNTY in response to RFP P12850 contemplated providing the same services within the jurisdictional boundaries of the CITY at the appropriate scale; and WHEREAS, the COUNTY has provided the CITY with the RFP P12850, responses thereto, Affidavits of Advertisement, Competitive Scoring Sheets, and the COUNTY's negotiated contract with the selected Firm; and WHEREAS, the procurement process was competitive, and consistent with local, state and federal rules and regulations; and WHEREAS, the CITY now wishes to execute an agreement consistent with the COUNTY's negotiated contract with the selected FIRM; and WHEREAS, the FIRM and the CITY, referred to together as the PARTIES, intend to enter into this Agreement for the FIRM to provide the services outlined in the Statement of Work, attached to the Agreement as Exhibit A; and NOW, THEREFORE, in consideration of the mutual promises and conditions set forth herein, the parties mutually agree as follows: SECTION NO. 1: SERVICES The FIRM shall provide those services set forth in the Statement of Work attached hereto as Exhibit "A" which is incorporated herein by reference. Services provided by FIRM shall be performed to the standard(s) set by the City Representative, listed on the contract. Page 2 of 38 SECTION NO. 2: FINANCIAL REQUIREMENTS The FIRM agrees to comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this AGREEMENT, and the federal regulations and any executive orders commonly applicable to federal grants. SECTION NO. 3: TERM The term of this AGREEMENT shall commence as of the start date on the FACE SHEET and shall terminate on the end date on the FACE SHEET. SECTION NO. 4: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contracted FIRM relationship will be created by this AGREEMENT. FIRM and/or employees, agents or any subrecipient to this contracted FIRM performing under this AGREEMENT are not employees or agents of the CITY in any manner whatsoever. FIRM will not be presented as, nor claim to be, an officer or employee of the CITY by reason of this AGREEMENT nor will FIRM make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the CITY by reason of this AGREEMENT, including but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. SECTION NO. 5: COMPLIANCE WITH LAWS The FIRM and the CITY agree that all activity pursuant to this AGREEMENT will be performed in accordance with all applicable current federal, state and local laws, rules and regulations. As a recipient of federal financial assistance under this AGREEMENT, FIRM shall comply with all applicable state and federal statutes, regulations, executive orders and guidelines, including but not limited to the following: A. FIRM shall comply with the Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, 42 U.S.C. 12101 et seq. and its implementing regulations also referred to as the ADA 28 CFR Part 35. The ADA provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services and telecommunications. B. FIRM shall solely comply with any and all applicable federal, state and local laws, regulations, executive orders, OMB Circulars and/or policies and the CITY will not be responsible for determining FIRM's compliance. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Services (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Page 3 of 38 Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Person (RCW 70.92), and safety and health regulations. FIRM shall comply with all applicable federal/state non-discrimination laws, regulations and policies and the CITY will not be responsible for determining FIRM's compliance. No person shall on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded in whole or in part, under this AGREEMENT. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by FIRM, the CITY may rescind, cancel or terminate the AGREEMENT in whole or in part, at the CITY's sole discretion. FIRM is responsible for all costs or liability arising from its failure to comply with application laws, regulations, executive orders, OMB Circulars or policies. SECTION NO. 6: EQUAL OPPORTUNITY TREATMENT FOR FAITH -BASED ORGANIZATIONS FIRM agrees to comply with the applicable requirements of 28 CFR Part 38. SECTION NO. 7: NEW CIVIL RIGHTS PROVISION FIRM shall comply with the Violence Against Women Reauthorization Act of 2013 provision that prohibits recipients from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by this AGREEMENT and the CITY will not be responsible for determining FIRM's compliance. SECTION NO. 8: LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) FIRM shall comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with Limited English Proficiency (LEP) to their programs and services. The CITY will not be responsible for determining FIRM's compliance with such prohibitions and requirements. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. Department of Homeland Security (DHS) published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011). The Guidance provides helpful information such as how a recipient may determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. Assistance and information regarding language access obligations may be accessed at Page 4 of 38 DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department- supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. SECTION NO. 9: EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEOP) FIRM will determine whether it is required to formulate an Equal Employment Opportunity Program (EEOP), in accordance with 28 C.F.R. 42.301 et. seq. If FIRM is not required to formulate an EEOP, it will submit a certification to the Office of Civil Rights (OCR) and the CITY indicating that it is not required to develop an EEOP and the CITY will not be responsible for determining FIRM's compliance. If FIRM is required to develop an EEOP but not required to submit the EEOP to the OCR, FIRM will certify in writing to the CITY that it has an EEOP on file which meets the applicable requirements. If FIRM is awarded a grant of $500,000.00 or more and has 50 or more employees, it will submit a copy of its EEOP to the OCR and the CITY. Non-profit organizations, federally recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to the OCR to claim the exemption. A copy of the certification will also be submitted to the CITY. Information about civil rights obligations of grantees may be found at http://www.opj.usdoj.gov/program/civil-rights/overview. SECTION NO. 10: CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION — PRIMARY AND LOWER TIER COVERED TRANSACTION A. FIRM, defined as the primary participant and its principal, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any State or Federal depatment or agency; 2. Have not within a three-year period preceding this AGREEMENT, been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this section; and 4. Have not within a three (3) year period preceding the signing of this AGREEMENT had one or more public transactions (Federal, state, or local) terminated for cause of default. B. Where FIRM is unable to certify to any of the statements in this AGREEMENT, FIRM shall attach an explanation to this AGREEMENT. C. FIRM agrees by signing this AGREEMENT that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the CITY. Page 5 of 38 D. FIRM further agrees by signing this AGREEMENT that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a) The lower tier grantee certifies, by signing this AGREEMENT that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal depailinent or agency. b) Where the lower tier grantee is unable to certify to any of the statements in this AGREEMENT, such grantee shall attach an explanation to this AGREEMENT. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the CITY for assistance in obtaining a copy of these regulations. SECTION NO. 11: COMPENSATION/REIMBURSEMENT/INVOICING PROCEDURES A. The CITY shall reimburse FIRM in amounts up to but not exceeding $1,000,000.00 dollars as set forth in the budget line items set forth in Exhibits "B" and "B 1", attached hereto consisting of 2 pages and hereby incorporated herein by reference. There will be no initial payment. B. The CITY shall make no payments in advance or in anticipation of goods or services to be provided under this AGREEMENT. FIRM shall not invoice the CITY in advance of delivery and/or performance and invoicing of such goods or services. C. FIRM will submit quarterly data submissions to the CITY. Quarterly submissions to the CITY will occur on a calendar quarter basis. FIRM will submit monthly reimbursement requests to the CITY by detailing the expenditures for which reimbursement is sought. Payment for the expenditures will only occur if the request is submitted with the appropriate supporting documentation, including, but not limited to timesheets and time/effort certifications. Requests for reimbursement and quarterly data report submissions shall be uploaded directed to CITY ARP portal or in such other manner as agreed in writing by the PARTIES. D. In conjunction with each reimbursement request, FIRM shall certify that goods provided and/or services performed under this AGREEMENT do not duplicate any services charged against any other grant, subgrant, or other funding source. E. Unless otherwise set forth in the bid, quote, submittal, and accepted by the CITY in the AGREEMENT, payment shall be timely if made by the CITY no later than thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by FIRM. F. The pricing submitted by FIRM and accepted by the CITY is inclusive of applicable payment terms, as well as, any and all fees incurred by FIRM in accepting payment. No additional fees or charges shall apply, unless otherwise preapproved by the CITY. Page 6 of 38 G. Contract pricing (fees, commissions, mark-ups, etc.) will remain firm for the duration of this AGREEMENT. H. Price Escalation a. The contract prices will remain firm for the duration of this AGREEMENT. A request for price escalation: 1) shall be approved by the PARTIES prior to the proposed effective date of the price escalation; and 2) will only be allowed on a pass -through basis (does not result in a higher profit margin than that reflected in the prices awarded in the original proposal). FIRM will be required to provide sufficient documentation to justify the requested price escalation(s). The CITY will determine the acceptability of sources of such documentation. Documentation will include a cost proposal with sufficient detail for the CITY to perform a cost/price analysis upon which the original proposal was made. An evaluation and/or audit will be performed on the cost proposal as well as other submitted documentation to determine if the requested price increase(s) is fair and reasonable. Approval of a price escalation request will be at the sole discretion of the CITY. Retroactive price increase adjustments will not be considered. b. If the CITY does not find the documentation sufficient to support a price escalation request, the CITY reserves the option to counter-offer. Any counter-offers will be made in an amount, or at a rate, decided at the sole discretion of CITY. The basis for such escalation may be based on any factors including the then current rate of inflation or the percentage of the change in the unadjusted figures, if any, of the U.S. Department of Labor Consumer Price Index for all Urban Consumers (CPI-U, U.S. City Average) hereafter called the CPI. In the event the CITY elects to determine escalation on changes of the CPI, the relevant change period will be of the CPI for the 12-month period ending June 30th each year. c. This escalation/de-escalation provision and its methodology shall be considered to apply to price decreases as well as increases. Price decreases may be considered and implemented at any time during the term of the contract if agreed to by both PARTIES. If a contract is operating on pricing resulting from the use of the CPI the CITY reserves the right to initiate a request for a price decrease, based upon the CPI, at any time. d. Failure to reach agreement on a request for an increase or decrease in price(s) may, at the sole option of the CITY, terminate the AGREEMENT under the provisions for termination without cause. SECTION NO. 12: RECOVERY OF FUNDS Whenever, under the AGREEMENT, any sum of money shall be recoverable from or payable by FIRM to the CITY the same amount may be deducted from any sum due to FIRM under the AGREEMENT or under any other contract between FIRM and the CITY including reasonable attorney fees and or any other collection costs. The rights of the CITY are in addition and without prejudice to, and do not waive, alter or affect, any other right the CITY may have to claim the amounts from any losses or damages suffered by the CITY on account of the acts or omissions of FIRM. SECTION NO. 13: INDEPENDENT AUDIT REQUIREMENTS 1. FIRM shall have an annual independent fiscal audit conducted of its financial statement and Page 7 of 38 condition, regarding the performance of the Agreement, readily delineating ARP/SLFRF funds. 1. FIRM shall submit its audit report, including any "Management Letter" and/or all other correspondences referred to in the audit report, along with FIRM's response to the audit and a corrective action plan, if any, no later than six (6) months after the end of FIRM's fiscal year. FIRM hereby consents to CITY's inquiry of independent auditor, upon request by the CITY. 2. Failure to engage auditors and provide proof of such engagement shall be considered contractual non-performance and may result in corrective action and withholding of payment. 3. If, under separate agreement, FIRM is required to provide a 2 CFR Part 200 annual audit, which, at a minimum, meets the requirements of this AGREEMENT, then compliance with the other separate agreement will also serve as compliance with the Agreement, provided that said audit is provided to the CITY. SECTION NO. 14: SINGLE AUDIT ACT REQUIREMENTS A. Non-federal entities, as subrecipients of a federal award, that expend $750,000.00 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000.00 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. The term "non-federal entity," as defined in 2 CFR Part 200, means a State, local government, Indian tribe, institution of higher education, or non-profit organization, that carries out a federal award as a recipient or subrecipient. B. If FIRM is required to have an audit, it shall ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. FIRM has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. C. FIRM shall maintain auditable records and accounts to facilitate the audit requirement and shall ensure that any sub -recipients to the contracted FIRM also maintain auditable records. FIRM is responsible for any audit exceptions incurred by its own organization or of its sub - recipients. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. D. FIRM shall respond to the CITY's requests for information or corrective action concerning audit issues or findings within thirty (30) days of the date of request. The CITY reserves the right to recover from FIRM all disallowed costs resulting from the audit. E. Once the single audit has been completed and if it includes any audit findings, FIRM must send a full copy of the audit and its corrective action plan to the CITY at the following addresses no later than nine (9) months after the end of FIRM's fiscal year(s): Page 8 of 38 Sarah Farr Accountant/Budget Analyst City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley, WA 99206 F. If FIRM claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, FIRM shall send a completed "2 CFR Part 200 Subpart F Audit Certification Form" to the CITY at the address listed above identifying this AGREEMENT and explaining the criteria for exemption no later than nine (9) months after the end of the FIRM's fiscal year(s). G. The CITY retains the sole discretion to determine whether any valid claim(s) for exemption from the audit requirements of this provision has been established. H. FIRM shall include the above audit requirements in any sub -contracts. I. Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this AGREEMENT. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, FIRM's failure to comply with the audit requirements may result in one or more of the following actions at the CITY's sole discretion: a percentage of federal awards to be withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; and, the suspension of federal awards until the audit is conducted. SECTION NO. 15: VENUE STIPULATION This AGREEMENT shall be construed and enforced in accordance with the laws of the state of Washington, and the validity and performance shall be governed by the same. Venue of any suit between the PARTIES arising out of or related to this AGREEMENT shall be the Superior Court of Spokane County, Washington. FIRM, by execution of this AGREEMENT, acknowledges the jurisdiction of the courts of the State of Washington. SECTION NO. 16: SEVERABILITY If any court of rightful jurisdiction holds any provision or condition of this AGREEMENT or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the AGREEMENT, which will be given effect without the invalid provision. To this end, the terms and conditions of this AGREEMENT are declared severable. SECTION NO. 17: AMENDMENTS AND MODIFICATIONS A. FIRM and/or the CITY may request, in writing, an amendment or modification of this AGREEMENT. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the CITY and FIRM. No other understandings or agreements, written or oral, shall be binding on the parties. B. The CITY reserves the right to make changes in the Work, including alterations, modifications or reductions therein and/or or additions or supplementations thereto based upon potential Page 9 of 38 future U.S. Department of Treasury guidelines. Upon receipt by FIRM of the CITY's notification of a contemplated change, FIRM shall (1) if requested by the CITY, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the CITY of any estimated change in the completion date, and (3) advise the CITY in writing if the contemplated change shall affect FIRM's ability to meet the completion dates or schedules of this AGREEMENT. C. If the CITY so instructs in writing, FIRM shall suspend work on that portion of the Work affected by any contemplated change, pending the CITY's decision to proceed with the change. D. If the CITY elects to make any change, the CITY shall issue a Contract Amendment and FIRM shall not commence work on any such change until such written amendment has been issued and signed by each of the PARTIES. SECTION NO. 18: CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, FIRM hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of FIRM to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this AGREEMENT, FIRM will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and that, (3) as applicable, FIRM will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. SECTION NO. 19: PERSONNEL A. FIRM represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this AGREEMENT. Such personnel shall not be employees of or have any contractual relationship with the CITY. B. All of the services required herein shall be performed by FIRM or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized, licensed or permitted under state and local law to perform such services. C. Any changes or substitutions of FIRM's key personnel, as may be listed herein, shall be made known to the CITY's Contract Manager. D. FIRM warrants that all services shall be performed by skilled and competent personnel who shall meet or exceed the professional standards in the field(s) of the work and that services Page 10 of 38 shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the work. SECTION NO. 20: TAXES, FEES, AND LICENSES Unless otherwise provided in this AGREEMENT, FIRM shall be responsible for paying and maintaining the current status of all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for FIRM required by statute or regulation that are applicable to the AGREEMENT performance. SECTION NO. 21: CONFLICT OF INTEREST No officer or employee or governing body member of the CITY or FIRM exercising any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this AGREEMENT. The CITY may, in its sole discretion, by written notice to FIRM, terminate this AGREEMENT after due notice and examination by the CITY if it is found that there is a violation of the Conflict of Interest provisions contained within this AGREEMENT. In the event this AGREEMENT is terminated as provided in this conflict of interest clause, the CITY shall be entitled to pursue the same remedies against FIRM as it could pursue in the event of a breach of the AGREEMENT by FIRM. The rights and remedies of the CITY provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the CITY makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this AGREEMENT. SECTION NO. 22: CONTRACTED FIRM SUB-RECIPEIENT The FIRM shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to the subcontracts. Every subcontract prepared by FIRM regarding this AGREEMENT shall bind the sub -recipient to follow all applicable terms of this AGREEMENT. FIRM shall be responsible to the CITY if the FIRM's sub -recipient fails to comply with any applicable term or condition of this AGREEMENT. FIRM shall appropriately monitor the activities of the sub -recipient to ensure fiscal conditions of this AGREEMENT. In no event shall the existence of a subcontract operate to release or reduce the liability of FIRM to the CITY for any breach in the performance of FIRM's duties. Every subcontract written related to this AGREEMENT shall include a term that the CITY is not liable for claims or damages arising from a subcontractor's performance of the subcontract. SECTION NO. 23: PROCUREMENT FIRM shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and all of FIRM's procurement policies and procedures. SECTION NO. 24: EQUIPMENT, REAL PROERTY, AND SUPPLY MANAGEMENT (IF APPLICABLE) Page 11 of 38 A. Equipment and Real Property Management. Any purchase of equipment or real property with SLFRF funds shall be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program shall be used for the originally authorized purpose, unless stated otherwise by Treasury. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non -Federal entity, consistent with any guidance that Treasury may issue. Any acquisition and maintenance of equipment or real property shall also comply with relevant laws and regulations. B. FIRM and any non-federal entity to which FIRM makes a subaward shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies under this AGREEMENT, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: 1. Upon successful completion of the terms of this AGREEMENT, all equipment and supplies purchased through this AGREEMENT will be owned by FIRM, or a recognized non- federal entity to which FIRM has made a subaward, for which a contract, subrecipient grant agreement, or other means of legal transfer of ownership is in place; 2. All equipment, and supplies as applicable, purchased under this AGREEMENT will be recorded and maintained in FIRM's inventory system; 3. Inventory system records shall include: a. A description of the property; b. The manufacturer's serial number, model number, or other identification number; c. The funding source for the equipment, including the Federal Award Identification Number (FAIN); d. The Assistance Listings Number [formerly Catalog of Federal Domestic Assistance (CFDA) number)]; e. The identity of the entity who holds the title; f. The acquisition date; g. The cost of the equipment and the percentage of federal participation in the cost; h. The location, use, and condition of the equipment at the date the information was reported; and i. The disposition data including the date of disposal and sale price of the property. 4. FIRM shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two (2) years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by FIRM to determine the cause of the difference. FIRM shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 5. FIRM shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all claims relating to any asserted liability related to, or arising as a result of the operation or maintenance of such Page 12 of 38 equipment and/or supplies. Further, if applicable, FIRM shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well -maintained and kept in good operating condition. 6. FIRM shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated by FIRM within a reasonable time frame and all reports generated therefrom shall be provided within twenty (20) days of completion to the CITY. 7. FIRM shall obtain and maintain all necessary certifications and licenses for the equipment. 8. If FIRM is authorized or required to sell the property, proper sales procedures shall be established and followed to ensure the highest possible return. For disposition, if upon termination or at the AGREEMENT end date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, FIRM shall comply with the following procedures: a. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, FIRM shall retain the supplies for use on other activities or sell them, but shall, in either case, compensate the federal government for its share. The amount of compensation shall be computed in the same manner as for equipment. b. For Equipment: 1. Items with a current per -unit fair -market value of $5,000.00 or less may be retained, sold, or otherwise disposed of with no further obligation to the federal awarding agency; or 2. Items with a current per -unit fair -market value in excess of $5,000.00 may be retained or sold. FIRM shall compensate the federal -sponsoring agency in accordance with the requirements of 2 CFR 200.313 (e)(2). 9. Records for equipment shall be retained by FIRM for a period of six (6) years from the date of disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained by FIRM until all litigation (including time necessary for any appeals), claims, or audit findings involving the records have been resolved. C. Unless expressly provided otherwise, all equipment shall meet all mandatory regulatory and/or federal adopted standards to be eligible for purchase using Federal award funds. D. As a subrecipient of federal funds, FIRM shall pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which FIRM makes a subaward of federal award funds under this AGREEMENT. E. The FIRM anticipates no individual equipment greater than $5,000 will be purchased using these funds, therefore any individual equipment less than $5,000 shall be included as supplies. SECTION NO. 25: DISPUTE RESOLUTION Page 13 of 38 Except as otherwise provided in this AGREEMENT, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. For the purpose of this AGREEMENT, disputes shall not include the following: 1) failure to fulfill in a timely and proper manner the obligations contained within this AGREEMENT, 2) financial insolvency or in a financial condition such as would endanger the performance contained within the AGREEMENT or 3) violation of any laws or regulations that renders FIRM unable to perform any aspect of the AGREEMENT. A request for a dispute resolution panel shall be in writing, shall state the disputed issue(s), shall state the relative positions of the parties and shall be sent to all parties. The dispute resolution panel shall consist of a representative appointed by the CITY, a representative by FIRM and a third party mutually agreed upon by both parties, who shall be a member in good standing of the Washington State Bar Association with a minimum of ten (10) years' relevant experience. In the event the parties are unable to reach agreement on the third panel member the dispute over such third member the appointment issue shall be submitted to the Spokane County Superior who shall have the authority to appoint any person as the third panel member with relevant experience and licensure as set forth above. The panel shall by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its own attorney fees and costs and shall share equally the cost of the third panel member. The decision of the Panel shall be final and binding upon the parties. The Panel shall be governed by the duly promulgated rules and regulations of the American Arbitration Association (AAA) or its successor, and RCW 7.04A. In the event of any conflict between the arbitration rules of AAA and RCW 7.04A, RCW 7.04A terms and rules shall apply. The situs of any proceeding before the panel shall occur in Spokane County, Washington. The decision of the panel may be entered as a judgment in any court of the State of Washington or elsewhere. SECTION NO. 26: INDEMNIFICATION The CITY shall protect, defend, indemnify, and hold harmless FIRM while acting within the scope of this AGREEMENT as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property). The CITY will not be required to indemnify, defend, or save harmless FIRM if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of FIRM. Where such claims, suits, or actions result from the concurrent negligence of both PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligence. FIRM agrees to protect, defend, indemnify, and hold harmless the CITY, its officers, officials, employees, and agents while acting within the scope of their employment as such, from any and all costs, claims, judgments and/or awards of damages (both to persons and/or property). FIRM will not be required to indemnify, defend, or save harmless the CITY if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of CITY. Where such claims, suits, or actions result from the concurrent negligence of both PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligence. The CITY and FIRM agree that the obligations under this section extend to any claim, demand and/or cause of action brought by, or on behalf of, any CITY employees or agents or FIRM while performing work authorized under this AGREEMENT. For this purpose, the CITY and FIRM, by mutual negotiation, hereby waive any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions of chapter 51.12 RCW. Page 14 of 38 These indemnifications and waiver shall survive the termination of this AGREEMENT. SECTION NO. 27: SUCCESORS AND ASSIGNS A. The CITY and FIRM each bind itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this AGREEMENT. Except as above, neither the CITY nor FIRM shall assign, sublet, convey, or transfer its interest in this AGREEMENT without the written consent of the other. B. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CITY which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and FIRM. SECTION NO. 28: EXECUTION AND APPROVAL The signatories to this AGREEMENT represent that they have the authority to bind their respective organizations to this AGREEMENT. Only the PARTIES' authorized representatives shall have the express, implied or apparent authority to alter, amend, modify or waive any clause or condition of this AGREEMENT. Any alteration, amendment, modification, or waiver of any clause or condition of this AGREEMENT is not effective or binding unless made in writing and approved of and to be evidenced by the signing of such by both PARTIES' authorized representatives. Further, only the Authorized Signature representatives or the designee of the Authorized Signature representative shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans and other requests, and certifications and documents authorized by or required under this AGREEMENT. SECTION NO. 29: LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this AGREEMENT and prior to normal completion or end date, the CITY may unilaterally reduce the scope of work and budget or unilaterally terminate this AGREEMENT in whole or in part by providing thirty (30) calendar days' written notice, beginning on the third day after mailing to FIRM as a "Termination for Cause" without providing FIRM an opportunity to cure. Alternatively, the PARTIES may renegotiate the terms of this AGREEMENT consistent with Sections 17 and 28 of this agreement under "Amendments and Modifications" and "Execution and Approval" to comply with new funding limitations and conditions, although the CITY has no obligation to do so. SECTION NO. 30: NONASSIGNABILITY Neither this AGREEMENT, nor any claim arising under this AGREEMENT, shall be transferred or assigned by FIRM. SECTION NO. 31: NOTICES Page 15 of 38 Except as provided to the contrary herein, all notices or other communications given hereunder shall be deemed given on: (i) 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 CITY or FIRM at the address set forth on the FACE SHEET of this AGREEMENT for such Party, or at such other address as either Party shall from time -to -tine designate by notice in writing to the other Party. SECTION NO. 32: POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. SECTION NO. 33: RECORDS A. FIRM agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect FIRM's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this AGREEMENT (the "records"). B. FIRM's records relating to this AGREEMENT and the projects funded may be inspected and audited by the CITY and/or its designee, by the Office of the State Auditor, or by other state or federal officials authorized by law, for the purposes of determining compliance by FIRM with the terms of this AGREEMENT and to determine the appropriate level of funding to be paid under the AGREEMENT. C. The records shall be made available by FIRM upon request by CITY for such inspection, and audit together with suitable space for such purpose, at any and all times during FIRM's normal working day. D. FIRM shall retain and allow access to all records related to this AGREEMENT and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this AGREEMENT. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained by FIRM until all litigation (including time necessary for any appeals), claims, or audit findings involving the records have been resolved. SECTION NO. 34: CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to FIRM by the CITY that is designated as "confidential" by the CITY; 2. All material produced by FIRM that is designated as "confidential" by the CITY; and 3. All personal information in the possession of FIRM that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, date of birth, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Page 16 of 38 B. FIRM shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. FIRM shall use Confidential Information solely for the purposes of this AGREEMENT and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the CITY or as may be required by law. FIRM shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, FIRM shall provide the CITY with its policies and procedures on confidentiality. The CITY may require changes to such policies and procedures as they apply to this AGREEMENT whenever the CITY reasonably determines that changes are necessary to prevent unauthorized disclosures. FIRM shall make the changes within the time period specified by the CITY. Upon request, FIRM shall immediately return to the CITY any Confidential Information that the CITY reasonably determines has not been adequately protected by FIRM against unauthorized disclosure, and FIRM shall ensure destruction of any and all retained copies of such CONFIDENTIAL materials after the expiration of the period of retention for records required herein. C. Unauthorized Use or Disclosure. FIRM shall notify the CITY within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. SECTION NO. 35: PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this AGREEMENT shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the Grant which is the basis of funding this AGREEMENT or any other approval or concurrence under this AGREEMENT. Provided, however, that reasonable fees for bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as costs. SECTION NO. 36: PUBLICITY FIRM agrees not to publish or use any advertising or publicity materials in which the CITY's name is mentioned, or language used from which the connection with the CITY's name may reasonably be inferred or implied, without the prior written consent of the CITY. SECTION NO. 37: TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this AGREEMENT, FIRM may terminate this AGREEMENT by providing written notice of such termination to the CITY's Key Personnel identified in the AGREEMENT, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this AGREEMENT, the CITY, at its sole discretion and in the best interests of the CITY, may terminate this AGREEMENT in whole, or in part, by providing thirty (30) calendar days' written notice, beginning on the third day after mailing to FIRM. Upon notice of termination for convenience, the CITY reserves the right to suspend all or part of the AGREEMENT, withhold further payments pending calculation of any amounts owed FIRM pursuant to Section No. 38 below, or prohibit FIRM from incurring additional obligations of funds. Page 17 of 38 In the event of termination, FIRM shall be liable for all damages as authorized by law. The rights and remedies of the CITY provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTION NO. 38: TERMINATION OR SUSPENSION FOR CAUSE In the event the CITY, in its sole discretion, determines FIRM has failed to fulfill in a timely and/or proper manner its obligations under this AGREEMENT, governed by measured statistics communicated prior to the effective date of this agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that renders FIRM unable to perform any aspect of the AGREEMENT, or has violated any of the covenants, agreements or stipulations of this AGREEMENT, the CITY has the right to immediately suspend or terminate this AGREEMENT in whole or in part. The CITY shall, except as otherwise provided herein, notify FIRM in writing of the need to take corrective action and provide a period of time in which to cure. The CITY is not required to allow FIRM an opportunity to cure if it is not feasible as determined solely within the CITY's discretion. Any time allowed for cure shall not diminish or eliminate FIRM's liability for damages or otherwise affect any other remedies available to the CITY. If the CITY allows FIRM an opportunity to cure, the CITY shall notify FIRM in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the CITY, or if such corrective action is deemed by the CITY to be insufficient, the AGREEMENT may be terminated in whole or in part. The CITY reserves the right to suspend all or part of the AGREEMENT, withhold further payments, pending calculation of any amounts owed FIRM pursuant to Section No. 39 below, or prohibit FIRM from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by FIRM, if allowed, or pending a decision by the CITY to terminate the AGREEMENT in whole or in part. In the event of termination for cause, FIRM shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original AGREEMENT and the replacement or cover AGREEMENT and all administrative costs directly related to the replacement AGREEMENT, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the CITY provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that FIRM: (1) was not in default or material breach, or (2) failure to perform was outside of FIRM's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience." SECTION NO. 39: TERMINATION PROCEDURES In addition to the procedures set forth below, if the CITY terminates this AGREEMENT, FIRM shall follow any procedures specified in the termination notice. Upon termination of this AGREEMENT and in addition to any other rights provided in this AGREEMENT, the CITY may require FIRM to deliver to the CITY any property specifically produced or acquired for the performance of any part of this AGREEMENT. If the termination is for convenience, the CITY shall pay to FIRM an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the CITY prior to the effective date of AGREEMENT termination, Page 18 of 38 in the amount agreed upon by FIRM and the CITY for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the CITY, (iii) other work, services and/or equipment or supplies and services which are accepted by the CITY, and (iv) necessary for the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this AGREEMENT. If the termination is for cause, the CITY shall determine the extent of the liability of the CITY. The CITY shall have no other obligation to FIRM for termination. The CITY may withhold from any amounts due to FIRM such sum as the CITY determines to be necessary to protect the CITY against potential loss or liability. The rights and remedies of the CITY provided in this AGREEMENT shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the CITY in writing, FIRM shall: A. Stop work under the AGREEMENT on the date, and to the extent specified, in the notice; B. Place no further orders or sub -contracts for materials, services, supplies, equipment and/or facilities in relation to this AGREEMENT except as may be necessary for completion of such portion of the work under the AGREEMENT as is not terminated; C. Assign to the CITY, in the manner, at the times, and to the extent directed by the CITY, all of the rights, title, and interest of FIRM under the orders and sub -contracts so terminated, in which instance the CITY has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and sub -contracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub -contracts, with the approval or ratification of the CITY to the extent the CITY may require, which approval or ratification shall be final for all the purposes of this clause; E. Complete performance of such part of the work not having been completed may be completed by the CITY, or its assigns, at CITY's discretion, in compliance with all contractual requirements. Further, CITY may, at its discretion, allow for FIRM to complete any parts or portions of the agreement not terminated by CITY to be completed by FIRM; and F. Take such action as may be necessary, or as the CITY may require, for the protection and preservation of the property related to this AGREEMENT which is in the possession of FIRM and in which the CITY has or may acquire an interest. SECTION NO. 40: WAIVER No conditions or provisions to this AGREEMENT may be waived unless approved in advance in writing. Either PARTY's failure to insist upon strict performance of any provision of the AGREEMENT or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this AGREEMENT. SECTION NO. 41: UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) Page 19 of 38 FIRM is encouraged to utilize business firms that are certified as minority -owned and/or women - owned in carrying out the purposes of this AGREEMENT. FIRM may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in the Washington Administrative Code (WAC) 326-30-041. SECTION NO. 42: INSURANCE FIRM shall furnish and maintain all insurance as required herein and comply with all limits, terms and conditions stipulated therein, at their expense, for the duration of the AGREEMENT. The following is a list of the required AGREEMENT coverage requirements: GENERAL LIABILITY INSURANCE: FIRM shall have Commercial General Liability with limits of $1,000,000.00 per occurrence, which includes general aggregate, products, completed operation(s), personal injury and fire damage. AUTOMOBILE LIABILITY INSURANCE with a combined single limit, or the equivalent of not less than $1,000,000.00 each accident for bodily injury and property damage, including coverage for owned, hired and non -owned vehicles. ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance shall provide that the CITY OF SPOKANE VALLEY, it's officers, agents and employees, and any other entity specifically required by the provisions of this AGREEMENT will be specifically named as additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the following should be used "the City of Spokane Valley, Its Officers, Agents and Employees Are Named As An Additional Insured As Respects To AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND FIRM, IN CONJUNCTION WITH THE AMERICAN RESCUE PLAN, CORONAVIRUS STAFF, AND LOCAL FISCAL RECOVERY FUND AWARD". WORKERS COMPENSATION: If FIRM has employees, it shall show proof of Worker's Compensation coverage effective in Washington State by providing its State Industrial Account Identification Number. Provision of this number will be FIRM's assurance that coverage is in effect. PROFESSIONAL LIABILITY INSURANCE: FIRM shall provide errors & omissions coverage in the form of Professional liability insurance coverage in the minimum amount of $1,000,000.00. Any exclusion to FIRM's insurance policies that may restrict coverage required in the AGREEMENT's insurance requirements must be pre -approved by the City of Spokane Valley Risk Management Department. FIRM's insurer shall have a minimum A.M. Best's rating of A- VII and shall be authorized to do business in the State of Washington. Evidence of such insurance shall consist of a completed copy of the certificate of insurance, signed by the insurance agent for FIRM and either the additional insured policy language or a copy of any required endorsement(s) and returned to the CITY'sRisk Manager. The insurance policy or policies will not be canceled, materially changed or altered without forty-five (45) days prior notice submitted to the CITY. The policy shall be endorsed and the certificate shall reflect that the CITY is named as an additional insured on FIRM's general liability policy with respect to activities under the AGREEMENT. The policy shall provide and the certificate shall reflect that the insurance afforded applies separately Page 20 of 38 to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. The policy shall be endorsed and the certificate shall reflect that the insurance afforded therein shall be primary insurance and any insurance or self-insurance carried by the CITY shall be excess and not contributory insurance to that provided by FIRM. Failure of FIRM to fully comply with the insurance requirements set forth herein, during the term of the AGREEMENT, shall be considered a material breach of contract and cause for immediate termination of the AGREEMENT at the CITY's discretion. Providing coverage in the above amounts shall not be construed to relieve FIRM from liability in excess of such amounts. SECTION NO. 43: MONITORING The CITY will monitor the activities of FIRM from the award date to closeout. The goal of the monitoring activities will be to ensure that FIRM, as an agency receiving federal pass -through funds, is in compliance with the federal grant award requirements as well as federal/state audit requirements. To document compliance with the 2 CFR Part 200 Subpart F requirements, FIRM shall complete and return to the CITY the attached Audit Certification Form which is incorporated herein and made part of this AGREEMENT. The Audit Certification Form shall be signed each fiscal year thereafter until the completion of this AGREEMENT. Monitoring activities performed by the CITY may include, but are not limited to: a. Review of financial and performance reports; and b. Review of reimbursement requests and supporting documentation, including time sheets, as well as, time and effort certifications to ensure compliance with federal rules and regulations. FIRM is required to pass on this monitoring language in all subcontract awards and to perform all monitoring activities regarding any sub -recipient. SECTION NO. 44: NON -SOLICITATION AGREEMENT A. Each Party understands that the other Party's individual employees are some of the most valuable assets within their organization, responsible for the creative forces behind each Party's advancements in technology and business development. Recognizing the value each Party places on its individual employees and each Party's interest in retaining its employees, it is agreed that during the term of this AGREEMENT, neither Party shall, directly or indirectly, induce or try to induce any employee of the other Party to leave the employment of the other Party or that of any of its subsidiaries or affiliates to work for another person or company that does or may be expected to compete with the non -soliciting Party or any of its subsidiaries or affiliates. SECTION NO. 45: EXCUSABLE DELAYS FIRM shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond FIRM's control and without its fault or negligence. Such Page 21 of 38 causes may include, but are not limited to: acts of God; the CITY's omissive and commissive failures; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. SECTION NO. 46: ANTI -KICKBACK A. 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 this AGREEMENT, or have solicited, accepted or be granted a present or future gift, favor, service, or other thing of value from or to any person involved in this AGREEMENT. B. FIRM warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for FIRM to solicit or secure this AGREEMENT and that it has not paid or agreed to pay any person, company, corporation, individual, or Firm, other than a bona fide employee working solely for FIRM any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this AGREEMENT. SECTION NO. 46: PRECEDENCE Contract Documents: The Contract Documents consist of this agreement and the other documents listed below and all modifications and modifications issued subsequent thereto. These form a contract and all are as fully a part of the contract as if attached to this agreement or repeated herein. In the event of any inconsistency between the provisions of this Agreement and the documents listed below, the provisions of this Agreement will control and the order of precedence will be in the order listed. An enumeration of the contract documents is set forth below: 1. Modifications; and 2. This Agreement and its exhibits/attachments; and 3. The Spokane County Request For Proposals RFP P12850; and 4. Response to the Request for Proposals dated April 6, 2022. Page 22 of 38 EXHIBIT A STATEMENT OF WORK On May 3rd, 2021 the Spokane Board of County Commissioners approved up to a $5,000,000.00 allocation for Addressing Educational Disparities: Academic, Social, and Emotional Services (2.25) Eligible (EC) Category from the ARP/SLFRF funding. That allocation resulted in Spokane County releasing RFP P12850 on March 30, 2022. The Innovia Foundation (Firm) responded to RFP No. P12850 and was selected by the scoring committee and then confirmed by the Spokane Board of County Commissioners as the successful bidder. The funding allocated to the Firm will be used for eligible costs identified in section 602(b) and 603(b) of the Social Security Act, as added by section 9901 of the American Rescue Plan Act ("ARP Act"). The original agreement between Spokane County (County) and the Firm contemplated that "the undersigned [Firm] agree[d] to sell additional items or provide the same service at the bid price, terms and conditions to the County as well as other public agencies with whom the County has entered into Interlocal Purchase Agreements pursuant to RCW 39.34." Pursuant to chapter 39.34 RCW, the City of Spokane Valley (City) and the County have entered into such an agreement. The Firm, in responding to RFP P12850, included potential involvement between the Firm, and other local jurisdictions including the City. The City would provide funding for the Firm to complete the scope of work encompassed in the County and Firm's agreement, limiting the use of the funds and focus on the outcomes to the geographic boundary of the City of Spokane Valley as described herein. For the Economic Impacts Addressing Educational Disparities — Academic, Emotional, and Social Services (2.25) EC, the City of Spokane Valley seeks to utilize ARP funding for investment into systematic enhancements that enhances the resiliency, stability, and life readiness of students in disproportionally impacted communities through proven, evidence -based intervention programming for wrap -around services with educational enhancement tied to performance outcomes. The FIRM shall provide an Implementation Plan that includes deliverable items as set forth below: 1. Creation of an Asset Inventory indicating the (1) current state of necessary wrap -around services and (2) future goals for service improvements by focus area. Focus area(s) shall be contained within the City of Spokane Valley and may include School Districts, Individual Title 1 Distinguished School, or another qualified defined service area. 2. Creation of an enhanced delivery model to current state wrap -around supports and/or programming structure(s) of privately and publicly funded providers for students and their families. This may include, but is not limited to: a) Memorandums of Understanding for public -private partnerships; b) Outcome -based metrics in funding contracts; c) Additional support staff accessibility to students both during school hours and after hours with availability for home access needs; d) Gap funding assessment and potential alternative fund sources when current public or Page 23 of 38 private funding does not meet immediate household needs; e) Documentation of student achievement improvements with (1) baseline and (2) semester updates (including summer). Student achievement measures which include attendance rate, racial and ethnic composite (served and total), socio-economic composite (served and total), graduation rates, graduating senior post -secondary education (2 or 4 year) and/or vocational training commitment and attainment, increase of local workforce development base and percentage of students expected to remain in the City of Spokane Valley for employment after high school graduation. Additional impact metrics may be established and included. 3. Financial Proforma/Statements of full ARP funding duration or 5 years, whichever is longer. Proforma/Statements shall include all anticipated revenue sources including grants and matching funds from public entities, private contributions, and foundations. A full financial budget for each year funding is received, beginning with Year 1 and revenue and expense reports every quarter. Reimbursements will be based on an annual budget AND outcome metrics for payment based on the FIRM RFP Response Attachment G (reference in this contract Budget). 4. Documentation of short-term and long-term community engagement strategies and communication, involved groups, oversight and accountability communities and shared resources to achieve intended outcomes. 5. Creation and deployment of Public Facing Dashboard website for resource information and outcome information. The authorized Project is the "Spokane Valley Approved Scope of Work Plan" attached to this Exhibit A as Attachment A-1. The Spokane Valley Approved Scope of Work Plan is encompassed by the FIRM's RFP Response Attachment F to the agreement between the County and the Firm, but is revised to reflect the limit of the work funded by the City of Spokane Valley to the geographical boundary of the City of Spokane Valley. Note: No major capital or building rehabilitation components are eligible in this award. Page 24 of 38 ATTACHMENT A-1 — Spokane Valley Approved Scope of Work Plan 1. LaunchNW's Scope of Work will include the creation of an asset inventory and asset map, detailing the (1) availability of community -based wraparound services, (2) capacity for existing services to expand/scale, and (3) gaps in service or capacity to address educational disparities in the City of Spokane Valley (CITY). Building on research and exploration already done by Innovia and Community Catalyst Partners (CCP), current assets will be mapped to determine their impact on student and family resiliency, stability and readiness, using an established educational benchmark pathway, as seen here: 14 b Attainment and Productive Citizenship 13 Postsecondary Completion 12 Full Tuition Scholarship Incentive 11 High School Completion 10 Complete Postsecondary Program Application and FAFSA SAT Score of 1550 / ACT Score of 23 Algebra II by the end of Grade 11 7 Complete the PSAT/PLAN by the end of Grade 10 Plans to Attend a Postsecondary Program by Grade 9 5 Postsecondary Prep Course Schedule Entering Grades 9+ 4 Parent/Guardian Aspiration & Information about Scholarship Opportunity 3 Proficiency (>75 percentile) in ELA & Math by the end of grade 5 Reading at Grade Level by End of Grade 3 Kindergarten Readiness 2. This asset inventory process will involve the SCLC engaging with community leaders to create a list of trusted community -based organizations and database of key leaders within those circles, along with trusted voices to provide context for data identifying areas of need. (Evaluation criteria 3abc) Upon identification of gaps in wraparound service expertise or capacity, the SCLC will solicit RFP's as needed and/or develop MOU's for partnership with existing providers, including potential public -private partnerships, to address specific, measurable target outcomes for student achievement. An example MOU has been included in this RFP response as Addenda A. The Scope of Work will include the deployment of additional support staff in the form of Family Engagement Coordinators, who work holistically with families to navigate systems which are often disjointed and cumbersome. Coordinators meet with families and students in need to determine short- and long-term needs, acting as personal concierges to connect them with available resources. LaunchNW will work with existing partners whenever possible. One local example is Communities in Schools, which has existing infrastructure that could be scaled to support a larger number of children and families. (Evaluation criteria 3abc) Page 25 of 38 The SCLC will also establish a public -facing data dashboard for students and families to access resources and monitor progress. This dashboard will provide robust reporting capabilities for the initiative, documenting performance outcomes for the CITY, school districts, Title 1 schools and disproportionately impacted communities. These outcomes will directly reflect established outcomes, beginning with kindergarten readiness and finishing with job attainment and productive citizenship. (Evaluation criteria 4abc) The LaunchNW data dashboard will use successful examples from other communities as a template. Example dashboard interfaces include: Q, Seact for students, providers R HOME 11 PROGRAMS ® STUDENTS tp PROVIDERS MY TASKS VIEW ALL X View Dasboard 07/27/2018 View reports for Stacy Kane 07/27/2018 . Update the provider list to account for newly on - boarded providers 07/27/2018 �o Review roles of staff members 07/27,2018 TIMELINE PROFILE RED FLAG GROWTH PLAN ENROLLMENT ASSESSMENTS SURVEY RESPONSES DOCUMENTS STACY KANE Student ID: 0123456789 4 DOB: 10/29/2007 P Gender: Female fl Race: White 4tik Ethnicity: Hispanic DASHBOARD REPORTS :p ADMIN p. DOCUMENT UPLOAD in PRINT THIS PAGE 3 Siblings CJ Case Management Group: Laura Brown, Lincoln Doherty, Samuel Lincoln (Me) TIMELINE Excellent Below average Poor PROFILE Grade Level: 12 School: 0304 Hutchinson Status: Enrolled Student Central Technical Horne Phone: 732-400-2000 Cell: 732-400-5000 Email: stacy.kane@gmail.com Address: 162 Stratford Rd, (example dashboard interface examples continued on next page) Full samples of data reporting via the dashboard are available upon request. Page 26 of 38 HOME MY TASKS VIEW ALL X 4 View Dasboard 07m/2018 View reports for Stacy Kane 0727/2018 d Update the provider list : to account for newly on boarded providers 07/27/2018 io Review roles of staff members 872772078 NOTIFICATIONS VIEW ALL ® 5 documents added ® 16 students discharged 2. 3 student surveys updated PROGRAMS ® STUDENTS I. PROVIDERS RED FLAG ALERTS (88) DASHBOARD a REPORTS n ADMIN g SURVEYS -.-- G VIEW ALL INDICATOR VIEW BY STUDENT VIEW ALL 1` Learning (27) C Nutrition (18)) (Behavioral (14)) (Healthcare (7) STACY KANE (0123456789) Survey Date: 0727/2018, 10:45 am Status: OPEN School: 0045 International School Red Flag Reason The parent indicated that she/he has concerns about challenges or behaviors that interfere with the child's education or ability to get along with others, Additionally, the parent :sidcated that the child Is not currently receiving help that is helpful for these behaviors. Follow-up Comments [07/24/2018, 11:20 am - Mark Adams, CLOSED]: Fixed this problem [07/25/201 8, 05:40 pm - Mark Adams: OPEN] : Reopening this thread CLOSE ABDUL MOHAMMAD (9876543210) Survey Date: 07/27/2018, 10:45 am Red Flag Reason The parent indicated that she/he would like help with the following: Healthcare / Insurance Follow-up Comments [07/27/2018, 06:15 pm - Mark Adams: CLOSED] : Fixed this problem Annul RA/11...../111110347CCA,1111, Status: CLOSED (07/27/2018, 06:15 pm) OPEN School: 0045 International School 10096 5096 096 DID* AB AC BB C[ DG FM GB GT IS IT VIEW BY INDICATOR VIEW ALL 10096 5096 Ov u I, 14 4 16 17 18 19 110 + CALENDAR EVENTS VIEW ALL Sun Mon Tue wed Thu Fri Sat 1 2 3 4 5 6 7 * HOME 4 PROGRAMS 2, STUDENTS b PROVIDERS MY TASKS VIEW ALL X View Dasboard 07/27/2018 View reports for Stacy , Kane 07m2018 Update the provider list to account for newly on - boarded providers 07/27/2018 GENDER DASHBOARD REPORTS ADMIN RACE / ETHNICITY III Enrolled Students MI Total Students Enrolled Students Total Students Review roles of staff GRADE members Enrolled Students • Total Students 0712,2010 American Asian Indian i 1 1 PK K 01 02 03 04 05 06 07 08 09 10 11 12 21( Black Multi- Pacific White racial Islander DISCIPLINE II Enrolled Students Total Students k MI Short -Term Suspension (1-5 Days) J Page 27 of 38 Scope of Work — Sample Scenario #1 Community -based Outcome Goal: Increase the number of children entering kindergarten ready to learn by 5% a year over the next 5 years as measured by the WAKids assessment. Hypothetical scenario: A single mother lives in the CITY with her four -year -old son. She is living with family in a one -bedroom apartment. She is looking for housing and a job. Her four- year -old son has been to informal childcare offered by family members. Response: In this instance, LaunchNW has funded positions called Family Engagement Coordinators (FEC) that work out of neighborhood schools. • Mom is referred by a local food bank to an FEC for assistance. • The FEC meets with mom and son to determine needs. • During the first visit, the FEC delivers high interest children's books and academic games. Before leaving the meeting, FEC works with the parent, providing simple ways for the mom to read with her son and simple, short games. • A formal needs assessment is completed and a plan of action is enacted. • Immediate needs are taken care of: o Food is delivered to the family from the food bank This food is easy to prepare and supplied based on the food bank's expertise. o Clothing and laundry services are provided by the resource center at their neighborhood school. • An action plan for this family may also include the following: o Family receives housing from Pope Frances Haven/Catholic Family Charities as soon as an apartment opens. o Bus passes for the family are provided. o Mom is assigned a mentor from Communities in Schools - Prime Time Mentor Program. o An appointment is scheduled at Work Source to help mom "skill up" for available local jobs. o Mom is connected and made aware of the services of Vanessa Behan Crisis Nursery. She is given a number to call if transportation is needed in an emergency. o Mom attends parenting classes at the Student and Family Engagement Center along with her mentor. o Son is enrolled in Central Valley Early Learning Center. o Family attends cooking/nutrition lessons at Student and Family Engagement Center sponsored by WSU Food Sense. o Childcare services are provided at Student and Family Engagement Center for all programs. o The family engagement coordinator helps mom navigate kindergarten registration and connects the family to their attendance area school. o Mentor and FEC begin family goal -setting built on mom's hopes and aspirations for her son. The Promise Scholarship is discussed and staff from the College Success Foundation outline how funding for post -secondary education is attainable. • Projected results: o Mom and son feel a sense of belonging in the community. Mom is gainfully employed as she has earned Microsoft Suite Accreditation and is working for a local manufacturer. Her son will enter kindergarten on par with his classmates and, although he will continue to need supports, he is off to a strong start. This sense of belonging that is created empowers this family to continue when the going gets rough. o There is no doubt that we will experience failures, but as momentum builds, we break generational barriers to successful post -secondary pursuit. Page 28 of 38 Scope of Work — Sample Scenario #2 Community -based Outcome Goal: Increase the number of graduating seniors entering post- secondary programs in the Fall after graduating by 10% per year over the next 5 years. Hypothetical scenario: Sarah is a high school junior contemplating her future. She would be the first person ever in her family to attend college. In middle school, a tour of a local hospital shaped her desire to pursue a nursing degree, but the pandemic now has caused her to question that path. Her parents worked before the pandemic, but at its onset, her mother stayed home to care for Sarah's younger siblings because child care was unavailable. Sarah is worried that attending college will put extra stress on her family creating even more uncertainty about the future. Response: In partnership with the College Success Foundation, GSI and local businesses, LaunchNW has created a community campaign to bring awareness of the importance of completing the Free Application for Federal Student Aid (FAFSA) and Washington Application for State Financial Aid (WASFA) for all students, regardless of post -secondary pathway of choice. • Immediate questions are answered and Sarah is supported in exploration of her career goals: o Sarah may not qualify for full Pell Grant status and will need support to cover the full cost. When she meets with her school counselor, they talk about the Promise Scholarship offered by LaunchNW and begin to create a clearer financial plan to pay for college. o LaunchNW has provided seed money to bring to scale a program developed locally called Slingshot. Slingshot helps students identify their aspirations and career goals. By taking advantage of this opportunity, Sarah reaffirms her desire to pursue a nursing degree. o Later, Sarah attends a site visit hosted by Providence Health & Services and GSI at a local hospital. Sarah learns about opportunities to work as a surgical technician while having college paid. LaunchNW has worked with local school districts to provide transportation grants in an effort to remove transportation as a barrier to attendance. • The student is provided a clear path to reach her goals while minimizing fmancial or familial stress: o Sarah is assigned a LaunchNW Mentor who has volunteered to work with high school seniors as they transition to college or career. They meet monthly during lunch to provide Sarah better perspective and information. Sarah decides to go to community college first. o Near the end of her senior year, Sarah is connected with a LaunchNW College Navigator who works with her and her family to plan the transition from high school to college, including registration paperwork preparation and life skill coaching. They schedule another meeting for the first semester of college. o Sarah receives a Federal Pell Grant and sizable scholarship from LaunchNW. During her collegiate advancement, LaunchNW monitors her progress through an MOU with the college(s). Sarah is held academically accountable under the terms of her scholarship. o Sarah's LaunchNW Mentor continues to meet with her regularly during her first year at college to assist the transition. This continued resource strengthens Sarah's "bridge" during a stressful time, encouraging success. Projected results: • Sarah is on track to graduate from community college on time with qualifications to transfer to a four-year university to pursue a nursing degree. • After transferring to a local university, she continues to have LaunchNW Navigator support in case of unexpected hurdles. • She feels empowered and supported to reach her goals, even signing up to be a LaunchNW Mentor for upcoming high school students after she graduates and gets her first job, working near her childhood home in the CITY. Page 29 of 38 EXHIBIT B BUDGET DETAIL The below budget is approved per the Firm's RFP Response Attachment G. Although the budget submitted to Spokane County RFP 12850 identifies $2,000,000 from the City of Spokane Valley, the City of Spokane Valley is only awarding $1,000,000 pursuant to this Agreement. Addition to Required Attachments section as new sentence at the end of the paragraph. "Outcome metrics will be provided by the FIRM via access to aggregate data publicly available on the LaunchNW Data Dashboard." Funding Source Amount Spokane County ARP Request $5,000,000 Other Public Funds (named and amount) -Mast be AT LEAST equal to Spokane Ce nrty ARP .Regueft* $9,530,000 Other Foundation Funds (named and amount) - Must be AT LEAST equal to ,_Spokane Como ARP Regllest $5,320,000 Priva(c Furcis $1,900,000 TOTAL AMOUNT $21,750,000 Required Attachment - Financial Proforma/Statements, Annual Budget, Quarterly Actual Balance Sheet to Budget and outcome metrics will be requirement for Payment reimbursement. Baseline metrics will be accepted until the c[impItedon of Year 1. Reference: State and Local Fiscal Recovery Funds Program (SLFRF) reporting outcomes Iiitps: /// \vv.' \v.c ss [1:1.::-:(.s.or,1=,/en/research-and-analysis/data-visualizaLions/ 20 15/rc=.ults-fISSt-Clearinghouse-database * Upon contraction finalization, if no funds are allocated from the City of Spokane, Spokane County may choose to direct funding only to areas outside the City of Spokane lirnits. This follows standards based on TRAP and ERA guidelines. ARP Spokane County ARP City of Spokane ARP City of Spokane Valley Federal Congressionally Directed Funds E55R 5pakane Public Schools Other Foundations Private Donors ATTACHMENT G (continued) - Proforma Budget ]PRIVILEGED AND CONFIDENTIAL] Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Total 2022 2023 2024 2025 2026 2029 $ 1,000,000 $ 1,000,000 $ 1,000,00G $ 1,000,1300 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 400,000 $ 400,000 $ 400,00G $ 400,000 $ 400,000 $ 2,590,000 $ 10,000 $ 10,000 $ 10,000 $ 1,090,000 $ 1000,000 $ 1,000,000 $ 1,000,900 $ 1,000,000 $ 100,000 $ 19,630,000 Notes $ 5,000,000 Restricted Use to Geographical Boundary. Must be used by end of 2C25 $ 5,000,000 Restricted Use to Geographical Boundary. Must be used by end of 2026 $ 2,00%000 ReStricted Use to Ge0grephital Boundary. Melt be used by end of 2025 $ 2,506,000 Confirmed. One Time Allocation. Designated for rural implementation. $ 30,000 Restricted Use to Geographical Boundary. Must be used oy end of 2024 $ 5,000,000 Gates Foundation, Albertson Foundation, Blue Cross $ 100,000 Restricted Use to Geographial Boundary 110) sudtotuf Ongoing Revenue Other Grants (new or renewed applications) Business Contributions Budgeted Operating Reserves $ 20,000 $ $ 300,000 $ $ 200,060 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 120,000 May have use restrictions 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300000 $ 1,800,000 - $ - $ - $ - $ - $ 200,000 Innavia Foundation - over $500k contributed to date $ 2,120,.000 subrataf $ 21,750,000 All Revenue Year 0-5 Expenses LaunchNW ED, Communications and Direct Admin Technical Grant Mgt Innavia Admin Overhead Community Supports Pilot Supports Integration 655,000 $ 1,015,000 $ 1,375,000 $ 1,495,000 $ 1,495,000 $ 1,495,000 $ 7,530,000 500,000 $ 300,000 $ 300,000 $ 250,000 $ 250,000 $ 250,000 $ 1,850,000 Scholarship modeling, implementation consulting, data dashboard 60,000 $ 60,000 $ 60,000 $ 60,000 $ 120,000 $ 120,000 $ 480,000 75,000 $ 75,000 $ 75,000 $ 120,000 $ 120,000 $ 120,000 $ sas,0o0 5 250,000 $ 500,000 $ 1,000,090 $ 2,000,000 $ 2,000,000 5 2,000.000 $ 7,750,000 $ 1,540,000 $ 1,950,000 $ 2,810,000 $ 3,925,000 5 3,985,000 $ 3,985,000 $ 18,195,000 subtoto! $ 3,555,000 NET going into years 6-10 NOTE: $150 million will be raised separately from private donors, businesses and philanthropy partners for the Promise Scholarship. A reimbursement request will be accepted for reimbursement monthly with an accompanying (1) Annual Budget (2) Quarterly Revenue and Expense Actuals and, if applicable, outcome metrics for project component items. Project Component shall follow the below thresholds. Project Component Percent of Total 1.Innovia LaunchNW Personnel Costs (Excluding Implementation 2.Innovia Administrative Costs 3.Technical Costs for Program Implementation* 4.Direct Enhancements to Wrap Around Community Supports/Programming/Implementation * 10% (max 6% (max) 12% (max) 72% (See Exhibit B1 for expanded budget) *Shall identify the amount of the total funds that are allocated to evidence -based interventions and where the project primarily serves disproportionately impacted communities. Additionally, any budgeted funds not spent on Innovia LaunchNW Personnel Costs or Innovia Administrative Costs can be utilized as Direct Enhancements to Wrap Around Community Supports/Programming (Budget Component #4), so as long as total funds expended do not exceed the total budgeted amount. However, any budgeted funds not spent on Direct Enhancements to Wrap Around Community Supports/Programming/Implementation shall not be used in any other budget component categories. The below format will be required for reimbursements to the project. Item Total In order to be eligible for reimbursement all expenses shall be submitted with supporting documentation. Payroll Expenses shall be accompanied by a Time and Effort Certification and a timesheet signed by the employee and supervisor. Note: No major capital or building rehabilitation components are eligible in this award. Page 31 of 38 EXHIBIT C FFATA FORM Subrecipient Agency: Grant and Year: Agreement Number: Completed by: Name Title Telephone Date Completed: STEP 1 Is your grant agreement less than $25,000.00? YES STOP, no further analysis needed, GO to Step 6 NO GO to Step 2 STEP 2 In your preceding fiscal year, did your organization receive 80% or more of its annual gross revenues from federal funding? YES GO to STEP 3 NO r STOP, no further analysis needed, GO to Step 6 STEP 3 In your preceding fiscal year, did your organization receive $25,000,000.00 or more in federal funding? YES f GO to STEP 4 NO STOP, no further analysis needed, GO to Step 6 STEP 4 Does the public have access to information about the total compensation* of senior executives in your organization? YES nalysis STOP, no further analysis- needed, GO to step 6 NO GO to STEP 5 STEP 5 Executive #1 Name: Total Compensation amount: $ Executive #2 Name: Total Compensation amount: $ Executive #3 Name: Total Compensation amount: $ Executive #4 IExecutive #5 Name: Total Compensation amount: $ Name: Total Compensation amount: $ STEP 6 If your organization does not meet these criteria, specifically identify Example: "Our organization received less than $25,000." below each criteria that is not met for your organization: For Signature: * Total compensation refers to: • Salary and bonuses Date: • Awards of stock, stock options, and stock appreciation rights • Other compensation including, but not limited to, severance and termination payments • Life insurance value paid on behalf of the employee Additional Resources: http://www.whitehouse.gov/omb/open http://www.hrsa.gov/grants/ffata.html http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf http://www.grants.gov/ Page 32 of 38 EXHIBIT D 2 CFR Part 200 Subpart F Audit Certification Form Audits of States, Local Governments, Indian Tribes and Non -Profit Organizations Contact Information Subrecipient Name: Authorized Chief Financial Officer: Address: Email: Phone #: Purpose: As a pass -through entity of federal grant funds, the City of Spokane Valley (CITY) is required by 2 CFR Part 200 Subpart F to monitor activities of subrecipients to ensure federal awards are used for authorized purposes and verify that subrecipients expending $750,000.00 or more in federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F Audit Requirements. Your entity is a subrecipient subject to such monitoring by the CITY because it is a non-federal entity that expends federal grant funds received from the CITY as a pass -through entity to carry out a federal program. 2 CFR Part 200 Subpart F should be consulted when completing this form. Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000.00 in federal awards in a fiscal year shall have a single or program -specific audit conducted for that year. If your entity is not subject to these requirements, you must complete Section A of this form. If your entity is subject to these requirements, you must complete Section B of this form. When completed, you must sign, date and return this form with your grant agreement and every fiscal year thereafter until the grant agreement is closed. Failure to return this completed Audit Certification Form may result in delay of grant agreement processing, withholding of federal awards or disallowance of costs and suspension or termination of federal awards. SECTION A: Entities NOT subject to the audit requirements of 2 CFR Part 200 Subpart F Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because (check all that apply): • We did not expend $750,000.00 or more of total federal awards during the fiscal year. • We are a for -profit agency. • We are exempt for other reasons (describe): However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s) in which we participate, that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and their designees, and that the CITY may request and be provided access to additional information and/or documentation to ensure proper stewardship of federal funds. SECTION B: Entities that ARE subject to the requirements of 2 CFR Part 200 Subpart F (Complete the information below and check the appropriate box) • We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for Fiscal Year ending [enter date ]. There were no findings related to federal awards from the CITY. No follow-up action is required by the CITY as the pass -through entity. A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either provided electronically to the CITY Finance Department, is enclosed or is available online at: http://www: . • We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for Fiscal Year ending [enter date] . There were findings related to federal awards. A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either provided electronically to the CITY Finance Department, is enclosed or is available online at: http://www: . • Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date] for Fiscal Year ending [enter date] . We will forward a copy of the audit report to the CITY Finance Department at that time or provide the state auditor report number: . I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that the above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed. Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of federal grant funds from the CITY until the grant agreement contract is closed. Signature of Authorized Financial Official: Date: Print Name & Title: Page 33 of 38 EXHIBIT E - CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three. If recipient completes Section A or C and sub -grants a single award over $500, 000.00, in addition, please complete Section D. Recipient's Name: Address: Is agency a; ❑ Direct or ❑ Sub recipient I Law Enforcement Agency? ❑ Yes ❑ No DUNS Number: I Vendor Number (only if direct recipient) Name and Title of Contact Person: Telephone Number: 1 E-Mail Address: Section A —Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply. ❑ Less than fifty employees. ❑ Indian Tribe ❑ Medical Institution. ❑ Nonprofit Organization ❑ Educational Institution ❑ Receiving a single award(s) less than $25,000.00. I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R § 42.302.I further certify that [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. If recipient sub -grants a single award over $500, 000.00, in addition, please complete Section D Print or Type Name and Title Signature Date Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review If a recipient agency has fifty or more employees and is receiving a single award or, subaward, of $25, 000.00 or more, but less than $500,000.00, then the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following (42 C.F.R § 42.305): I, [responsible official], certify that [recipient], which has fifty or more employees and is receiving a single award of $25,000.00 or more, but less than $500,000.00, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: [organization], [address]. Print or Type Name and Title Signature Date Section C—Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has fifty or more employees and is receiving a single award, or subaward, of $500, 000.00 or more, then the recipient agency must send an EEOP Short Form to the OCR for review. I, [responsible official], certify that [recipient], which has fifty or more employees and is receiving a single award of $500,000.00 or more, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. If recipient sub -grants a single award over $500, 000.00, in addition, please complete Section D Print or Type Name and Title Signature Date Page 34 of 38 EXHIBIT H DEBARMENT, SUSPENSION, INELIGIBILITY OR VOLUNTARY EXCLUSION CERTIFICATION FORM NAME Doing business as (DBA) ADDRESS Applicable Procurement or Solicitation #, if any: WA Uniform Business Identifier (UBI) Federal Employer Tax Identification #: This certification is submitted as part of a request to contract. Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification, without modification, in order to participate in certain transactions directly or indirectly involving federal funds. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature: Date: Print Name and Title: Page 35 of 38 EXHIBIT I REQUEST FOR PROPOSAL (RFP) NUMBER FIRM COPY ON FILE Page 36 of 38 EXHIBIT J FIRM PROPOSAL DATED FIRM COPY ON FILE Page 37 of 38 EXHIBIT B-1 (To Be Attached Upon Finalization) Page 38 of 38 Exhibit B1 Budget Detail Attachment lnnovia Foundation/Launch NW ARP - CLFR Funding 9/1/22-8/31/23 9/1/23-8/31/24 9/1/24-8/31/25 9/1/25-8/31/26 Budgeted Total Allocated 1,000,000 YR 1 YR 2 YR 3 YR 4 1 PERSONNEL COSTS - EXCLUDING IMPLEMENTATION (10%) 25,000 25,000 25,000 25,000 100,000 100,000 2 INNOVIAADMINISTRATION SUPPORT COSTS (6%) 15,000 15,000 15,000 15,000 60,000 60,000 3 TECHNICAL COSTS FOR PROGRAM IMPLEMENTATION (12%) 30,000 30,000 30,000 30,000 120,000 120,000 DIRECT PROGRAMMING ENHANCEMENTS TO WRAP AROUND 4 COMMUNITY SUPPORTS/PROGRAMMING/IMPLEMENTATION (72%) 180,000 180,000 180,000 180,000 720,000 720,000 Total budgeted expenses 250,000 250,000 250,000 250,000 1,000,000 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 13, 2022 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: Spokane Valley Partners Grant Award Contract GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Council heard an administrative report on the American Rescue Plan Act at the July 13, 2021 Council meeting. Council heard another administrative report on this topic at the September 7, 2021 Council meeting at which Council reached consensus on a list of categories for this funding. Council heard an administrative report on February 1, 2022, and on February 8 approved a motion to create a CLFR Subcommittee to review, identify, and provide guidance on allocation and distribution options for CLFR funding. On April 26, 2022, City Council heard an administrative report on the CLFR Subcommittee. On May 31, 2022, Council gave consensus to allocate $4,000,000 of City general fund assistance as a result of the corresponding amounts allocated under CLFR revenue replacement. The allocation is to aid Spokane Valley Partners in its acquisition of property and a new facility to support its services to the poor and infirm. BACKGROUND: On March 11, 2021, the President signed the American Rescue Plan Act ("ARPA") into law. ARPA provided for a wide variety of funding for a variety of purposes, including direct assistance to small businesses, for homeless and affordable housing purposes, and to state and local governments. Importantly for the City, ARPA established the Coronavirus State and Local Fiscal Recovery Funds and allocated $350 billion to these accounts to assist state and local governments in meeting pandemic response needs and rebuilding the economy. The City of Spokane Valley has received approximately $16 million from the Coronavirus Local Fiscal Recovery Fund ("CLFR"). One of the categories of allowable uses is to replace lost revenue as a result of the pandemic. The United States Treasury has provided a formula and guidance on how to calculate lost revenue. Based on the formula, the City calculated approximately $10.8 million of lost revenue. CLFR funds may be used for any governmental service to replace lost revenue. On May 31, 2022, Council gave consensus to utilize approximately $10.8 million of its CLFR funds for governmental services to replace lost revenue. The City has primarily used these funds towards its ongoing law enforcement contract costs. As a result of replacing that money, the City has identified it will have a corresponding amount of general fund revenue available for use by City Council towards other projects or community needs. On May 31, 2022, Council gave consensus to allocate $4,000,000 of general fund revenue made available due to the use of CLFR funds towards revenue replacement to support Spokane Valley Partners in its acquisition of property and a new facility located at 17002 East Sprague (currently the "Ziggy's Building Material" home improvement store) to provide services to further its mission in providing support to the poor and infirm. During the summer of 2022, Spokane Valley Partners located property and a facility for purchase and secured necessary funding for the entire purchase amount. The City has negotiated a grant agreement with Spokane Valley Partners for distribution and use of the $4,000,000 to acquire the identified property. The City understands at this time that due to the terms of the purchase and necessary renovations, Spokane Valley Partners will likely begin full operations at the new facility in mid -late 2025. The City has identified a number of requirements in order to ensure that the property is used in accordance with the law and to support Spokane Valley Partners' mission. Page 1 of 2 Spokane Valley Partners' identified mission is "Preventing hunger and poverty alongside great community partners." Under that mission, SVP currently provides a variety of services to support the poor and infirm. These include collecting, warehousing, and providing food supplies for those in need; collecting, warehousing and providing clothing for those in need; collecting, warehousing, and providing diapers to those in need; providing assistance, whether directly or indirectly, to those in need of utility assistance; and partnering with the City to assist in outreach in addressing homelessness. Spokane Valley Partners also actively seeks new opportunities to support its mission, both directly and in partnerships with community and regional partners. The grant agreement recognizes the timing for use of the facility identified by Spokane Valley Partners and the fluid nature of services that are and may be provided by Spokane Valley Partners in the future. It allows Spokane Valley Partners to use the facility as it deems fit, including leasing out portions to other providers. It provides a 15-year term to ensure that over the life of the facility, the facility funded by the City's grant will be able to be sufficiently used to serve those in need in our community. The grant agreement also provides for annual reporting of those served. OPTIONS: Move to approve the Grant Agreement with Spokane Valley Partners for a $4,000,000 award and authorize the City Manager to finalize and execute the agreement in substantially the form presented and to carry out the terms of the agreement once executed; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve the Grant Agreement with Spokane Valley Partners for a $4,000,000 award and authorize the City Manager to finalize and execute the agreement in substantially the form presented and to carry out the terms of the agreement once executed. BUDGET/FINANCIAL IMPACTS: Approximately $16 million added to budget for eligible expenses. These amounts are not currently included in the 2023 Budget and will be added with a future budget amendment. This award will reduce the City's available general funds provided through the revenue replacement process of the American Rescue Plan by $4,000,000. STAFF CONTACT: Erik Lamb, Deputy City Manager ATTACHMENTS: Draft Grant Agreement with Spokane Valley Partners Page 2 of 2 DRAFT Contract No. GRANT AGREEMENT BETWEEN SPOKANE VALLEY PARTNERS AND THE CITY OF SPOKANE VALLEY FOR PROVIDING ASSISTANCE TO LOW INCOME RESIDENTS Spokane Valley Partners THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Spokane Valley Partners, a nonprofit corporation in the State of Washington, hereinafter "SVP," jointly referred to as "Parties." WHEREAS, SVP's mission is "Preventing hunger and poverty alongside great community partners". SVP's mission aligns with a fundamental purpose of the City to provide necessary support to the poor and infirm; and WHEREAS, SVP is committed to providing essential services including, but not limited to, collecting, warehousing, and providing food supplies, clothing, diapers, and homeless outreach to the community; and WHEREAS, the need of City residents has increased significantly in recent years due to a number of factors including effects of the COVID-19 pandemic, inflation, and a growing and aging population; and WHEREAS, SVP's operational needs for the community have grown beyond the capacity of their current building location on East Broadway; and WHEREAS, SVP has developed a plan to acquire new property, the primary purpose of which will be to fulfill its mission to help the poor and infirm, as considered over the term of this Agreement; and WHEREAS, this creates an opportunity to provide a centralized hub for other like -service providers; and WHEREAS, on May 31, 2022, Council allocated $4 million to support SVP in its acquisition of property to further its mission in providing support to the poor and infirm within the City; and IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Purpose of Agreement. The City agrees to grant SVP $4 million (Grant Award) for acquisition of real property and a new SVP facility thereon located at , the entirety of which will be called the "Property" for purposes of this Agreement. The Property will be used to provide the services in Exhibit A, and such services are for a public purpose in support of the poor and infirm. 2. Terms and Conditions. Along with any other obligations, terms, or conditions set forth in other sections of this Agreement and its attached exhibits, the City's grant to SVP is subject to the following: A. The City will provide $4 million by wire to the identified escrow account for the acquisition of the Property on the date of closing or another agreed upon time. Closing and wire instructions shall be provided by the escrow agent. B. Pre -closing conditions. The following conditions shall be met 30 days prior to the City making payment per the closing instructions, or such other time as agreed by the Parties: i. SVP shall certify and guarantee that the remaining amount of funds required for the purchase of the Property have been acquired. Grant Agreement Spokane Valley Partners Page 1 of 32 DRAFT Contract No. ii. SVP shall certify and guarantee that the Grant Award funds shall be used solely for the purchase of the Property. iii. SVP shall certify and guarantee that a purchase and sale agreement or similar purchase document has been executed and shall provide a copy to the City. iv. SVP shall certify and guarantee that SVP has completed all necessary inspections and due diligence in determining that the Property and facilities are up to standards necessary for the public purposes for which they will be used including, but not limited to, zoning, building codes, and all other development regulations. v. The Property appraises for at least $4 million. vi. SVP shall acquire the Property by June 1, 2023. C. Post -closing conditions. The following conditions shall be met after closing: i. Immediately upon closing, SVP shall record the Restrictive Covenant attached as Exhibit E to this Agreement in the real property records of Spokane County, Washington. SVP shall notify the City that this has occurred and shall provide a conformed copy of the same to the City. In no event shall the recording, or notice occur later than five business days after closing. Upon filing, the Restrictive Covenant shall become part of this Agreement. ii. SVP shall comply with all the conditions and timelines set forth in Exhibit A pertaining to Annual Reports. iii. SVP shall comply with all other terms and conditions provided in this Agreement and the exhibits thereto including but not limited to adhering to sections 2, 8, and 9, and the Restrictive Covenant attached as Exhibit E. iv. SVP shall provide services at the Property as outlined in Exhibit A. 3. Administration. The City Manager or designee shall administer and be the primary contact for SVP throughout the term of this Agreement. 4. Representations. City has relied upon the qualifications of SVP in entering into this Agreement. By execution of this Agreement, SVP represents it possesses the ability, skill, and resources necessary to provide the services outlined in Exhibit A, and is familiar with all current laws, rules, and regulations which reasonably relate thereto. SVP represents that the Grant Award is adequate and sufficient for the purchase of the Property, and for the timely provision of the public services pursuant to Exhibit A and other terms of this Agreement. SVP shall be responsible for its services and documenting results therefrom, and the City shall not be responsible for discovering deficiencies therein. SVP shall correct any such deficiencies discovered. 5. Standard of Care. SVP shall exercise the degree of skill and diligence normally employed by those performing the same or similar services at the time such services are performed. 6. Modifications. The terms of this Agreement may only be modified or amended by the mutual agreement Grant Agreement Spokane Valley Partners Page 2 of 32 DRAFT Contract No. of the Parties. 7. Term of A&reement; Termination. This Agreement shall be in full force and effect upon execution and shall remain in effect for 15 years from the date of recording the Restrictive Covenant attached as Exhibit E. 8. Default. The failure to abide by any pre -closing or post -closing terms, conditions, or certifications/guarantees in this Agreement shall result in a material default unless corrected as provided herein. Upon written notice provided by the City, SVP shall have 14 days to cure a material default, unless an additional period that is reasonably necessary for SVP to complete such cure is agreed upon by the Parties. Should SVP be unable to cure the material default within 14 days or the otherwise agreed upon period for any reason, the City's obligations under this Agreement shall terminate, the City shall be entitled to recoupment of any and all funds of the Grant Award, and SVP shall return any and all Grant Funds with 12% interest per annum to the City via payment method agreed to by the City Finance Director within 30 days following the end of the cure period. Upon failure to cure within the applicable time period, the City shall have all means available under law and equity to enforce this provision and to recover Grant Award funds from SVP. In the event of a material default, and in addition to the City's right of recoupment and SVP's obligation to return the Grant Award to the City with interest, SVP shall be liable for all direct and provable damages as authorized by law. The City shall have available all remedies under law and equity. Upon material default of this Agreement and in addition to any other rights provided in this Agreement or elsewhere in law, the City may require SVP to deliver to the City any property specifically produced or acquired for the performance of such part of this Agreement pursuant to the terms herein and any exhibit hereto. For the purposes of this section 8, "Material Default" means any breach of a fundamental or essential term or repeated breaches of any of the terms of the Agreements. 9. Restrictive Covenant and Procedures for Release Therefrom. Should SVP wish to sell the property acquired pursuant to this Agreement to a third party before the expiration of this Agreement, SVP shall first notify the City Manager or designee of SVP's request. The Restrictive Covenant may not be released or modified without the approval of the majority of City Council. City Council, among any other requirements it deem appropriate, shall require in consideration of a release or modification of the Restrictive Covenant that SVP: (1) condition the sale of the property to the third party upon adherence to the Restrictive Covenant filed under this Agreement, or the filing of a new Restrictive Covenant consistent with Exhibit E hereto that requires the use of the property for the purposes outlined in Exhibit A for at least the time remaining on this Agreement. Sale to a third party shall also be conditioned on the ability of the third party to assume the work as outlined in Exhibit A to this Agreement either immediately, or within a reasonable amount of time agreed upon by the City; (2) use the proceeds from the sale to purchase a property within the City boundary at which they will continue the services outlined in Exhibit A for at least the time remaining on this Agreement, and upon which they will record a new Restrictive Covenant consistent with Exhibit E to this Agreement. A purchase of a new property shall be conditioned on the ability of SVP to assume the work as outlined in Exhibit A to this Agreement either immediately, or within a reasonable time agreed upon by the City; or (3) remit to the City the proportionate share of the proceeds with interest determined by the proportionate share of the funds granted by this Agreement that were used to purchase the original Property. Nothing herein obligates the City to release the Restrictive Covenant prior to the termination of this Agreement outlined in section seven of this Agreement. 10. Notice. Notices other than applications for payment shall be given in writing as follows. A party is deemed to have received notice on the third day following the date on which the same have been mailed by certified or registered mail, postage pre -paid, return receipt requested, or on the date on which the same Grant Agreement Spokane Valley Partners Page 3 of 32 DRAFT Contract No. have been personally delivered with proof of receipt, at the addresses specified below, or at such other addresses as may be specified in writing by the parties listed below: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO SVP: Name: Calvin B. Coblentz, CEO Phone: (509) 927-1153 Address: P.O. Box 141360 Spokane Valley, WA 99214 WITH A COPY TO: Name: Phone: Address: 11. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations, including without limitation the additional federal terms set forth in Exhibit D and incorporated herein. SVP states that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. 12. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, SVP certifies to the best of its knowledge and belief that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; ii. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and iv. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 13. Relationship of the Parties. It is understood and agreed that SVP shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, scope, and means in which the services are performed is solely within the sole and absolute discretion of SVP. Any and all SVP employees who provide services Grant Agreement Spokane Valley Partners Page 4 of 32 DRAFT Contract No. to City under this Agreement shall be deemed employees solely of SVP. SVP shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 14. Public Records; Ownership of Certain Documents. The Parties agree that all records of SVP prepared pursuant to this Agreement, and which are owned, used, or retained by the City, are public records under the Public Records Act (chapter 42.56 RCW) and may be subject to disclosure unless a statutory exemption applies. The City agrees not to intentionally waive any statutory exemptions from disclosure available for such records under the Public Records Act. The City shall, if possible, notify SVP before any disclosure, and provide SVP an opportunity to intervene through judicial process to resist release of such records. The City agrees not to object to SVP's intervention in any judicial proceeding in which SVP resists release of the records. The City shall have no duty to resist release of any public records created pursuant to this Agreement, except to provide notice to SVP of the request for and disclosure of such records as previously described. All annual reports and other related documents identified in the Scope of Services prepared by SVP pursuant to this Agreement and provided to the City are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by SVP pursuant to this Agreement and provided to the City shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared pursuant to this Agreement for the City, provided that SVP shall have no liability for the use of SVP's work product outside of the scope of its intended purpose. 15. Records. The City, Treasury Office of the Inspector General, Government Accountability Office, State Auditor or any of their representatives shall have full and reasonable access to and the right to examine during normal business hours, at a mutually agreeable time, all of SVP's records (electronic or otherwise) with respect to all matters covered in this Agreement. Such representatives, at their sole cost and expense, shall be permitted to audit, examine, make excerpts, copies or transcripts from such records, and to make audits or investigations of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of six years after termination of the Agreement. 16. Insurance. SVP shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by SVP, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. SVP's required insurance shall be of the types and coverages as stated below: i. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. ii. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under SVP's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. Grant Agreement Spokane Valley Partners Page 5 of 32 DRAFT Contract No. iii. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. iv. Professional liability insurance appropriate to SVP's profession. B. Minimum Amounts of Insurance. SVP shall maintain the following insurance limits: i. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. iii. Professional liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions. SVP's policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: i. SVP's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self -insured pool coverage maintained by City shall be in excess of SVP's insurance and shall not contribute with it. ii. SVP shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. iii. If SVP maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by SVP, irrespective of whether such limits maintained by SVP are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by SVP. iv. Failure on the part of SVP to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to SVP to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due SVP from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, SVP shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 17. Indemnification and Hold Harmless. SVP shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by SVP, Grant Agreement Spokane Valley Partners Page 6 of 32 DRAFT Contract No. SVP's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of SVP and the City, its officers, officials, employees, and volunteers, SVP's liability, including the duty and cost to defend, hereunder shall be only to the extent of SVP's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes SVP's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 18. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 19. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 20. Subcontracts. Except as otherwise provided herein, SVP shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City, which shall not be unreasonably withheld. 21. Confidentiality. SVP may, from time -to -time, receive information which is deemed by City to be confidential. SVP shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 22. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and SVP shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, SVP agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to SVP's services under this Agreement. SVP further agrees that the Arbitrator(s)' decision therein shall be final and binding on SVP and that judgment may be entered upon it in any court having jurisdiction thereof. 23. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 24. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 25. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an Grant Agreement Spokane Valley Partners Page 7 of 32 DRAFT Contract No. interest in this Agreement. 26. Business Registration. SVP shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 27. Assurance of Compliance with Applicable Federal Law. This Agreement may be funded from a federal source. SVP agrees to comply with any and all additional terms applicable to the federal source. The Contract includes, in part, certain standard terms and conditions required by the U.S. Department of Treasury ("Treasury"), including the additional terms and conditions set forth in Exhibit D. During the performance of this Agreement, SVP, for itself, its assignees, and successors in interest agrees as follows in the event this Agreement is funded from a federal source: A. Compliance with Regulations. SVP shall comply with the federal laws, regulations and guidance set forth in Exhibit D and subsection G, relative to non-discrimination in federally - assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. SVP, 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. SVP 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. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by SVP 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 SVP of SVP's obligations under this Agreement and the Acts and applicable regulations including regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. SVP 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 Treasury to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of SVP is in the exclusive possession of another who fails or refuses to furnish the information, SVP shall so certify to the City or Treasury, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of SVP's noncompliance with the nondiscrimination provisions of this Agreement, the City will impose such contract sanctions as it or Treasury may determine to be appropriate, including, but not limited to: i. Withholding payments to SVP under the Agreement until SVP complies; and/or ii. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. SVP shall include the provisions of Exhibit D and the paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless specifically exempt from the particular requirement. SVP shall take action with Grant Agreement Spokane Valley Partners Page 8 of 32 DRAFT Contract No. respect to any subcontract or procurement as the City or Treasury may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if SVP becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, SVP may request that the City enter into any litigation to protect the interests of the City. In addition, SVP may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, SVP agrees to comply with the non-discrimination statutes and authorities; including but not limited to the statutes and authorities identified in Exhibit D and the following: 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; and 49 Part 26; 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 U.S.C. §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 Grant Agreement Spokane Valley Partners Page 9 of 32 DRAFT Contract No. 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, Contractor 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 discrimination because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). 28. Severabilitv. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 29. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Insurance Certificates C. Certificates and guarantees D. Additional Federal Requirements E. Restrictive Covenant The Parties have executed this Agreement this day of , 20 CITY OF SPOKANE VALLEY SPOKANE VALLEY PARTNERS: John Hohman, City Manager By: Its: Authorized Representative APPROVED AS TO FORM: Office of the City Attorney Grant Agreement Spokane Valley Partners Page 10 of 32 DRAFT Contract No. Exhibit A SCOPE OF SERVICES A. Services over life of Property. The City of Spokane Valley (City) is granting Spokane Valley Partners (SVP) grant funds to acquire property to allow SVP to continue providing existing services, expand into other potential services, and to serve more people in need within Spokane Valley and the surrounding region. The Parties agree that the existing owner of the Property requires time to relocate and vacate the premises and that SVP has negotiated for the current owner to lease the property for a period after the purchase is complete. To that end and to ensure the funds are used for the primary purpose of providing necessary services to support the poor and infirm, the Parties agree that SVP will (1) directly conduct some level of SVP operations or provide some level of service from the newly acquired property from the date of acquisition, and (2) use the newly acquired property, whether directly or indirectly through sub-contractors/lessees or otherwise, for the primary purpose of providing services outlined in Section B below to support the poor and infirm within the City, and any other additional area as determined appropriate by SVP, as considered over the term of this Agreement. SVP currently anticipates it will utilize the Property for the primary purpose of providing services to support the poor and infirm beginning in the fourth quarter of 2025 and no later than January 1, 2026. SVP shall notify the City of any change in such date. The City shall evaluate any change to ensure that the primary purpose of the Property, as considered over the term of this Agreement, remains for providing services to support the poor and infirm. As part of the Agreement, SVP will record the Restrictive Covenant attached to the Agreement as Exhibit E. Consistent with the Agreement, the Restrictive Covenant requires the property acquired with the City's grant funds, to be used for the purposes contained within this Scope of Services for 15 years.1 B. Description of Services. SVP's identified mission is "Preventing hunger and poverty alongside great community partners." Under that mission, SVP currently provides a variety of services to support the poor and infirm. These include collecting, warehousing, and providing food supplies for those in need; collecting, warehousing and providing clothing for those in need; collecting, warehousing, and providing diapers to those in need; providing assistance, whether directly or indirectly, to those in need of utility assistance; and partnering with the City to assist in outreach in addressing homelessness. SVP also works with numerous community and regional partners to gather donations, to assist in providing such services, and collaborate on opportunities to better meet the needs of the community and region. The Parties agree that SVP may continue to provide such services, may change such services, may expand such services, and may contract, collaborate, or work with other providers to provide such services or other related social services to support the poor and infirm and that, provided such uses support the poor and infirm, they shall be deemed to meet the purposes of this Agreement and Scope of Services. Nothing herein shall be construed to prevent or preclude SVP from providing services to residents not located within the City. In addition to all activities that are prohibited by law, the following are expressly prohibited on the property: selling of alcohol, adult entertainment, and the selling, distribution, manufacturing, packaging, or production of cannabis. C. Reporting. In receiving the funds through this grant, SVP agrees to document its returns through annual reports. The reports shall include the following information. The City understands 1 Other conditions and terms are contained in the Agreement to which this Scope of Services is attached. Grant Agreement Spokane Valley Partners Page 11 of 32 DRAFT Contract No. that SVP will be providing reports to Spokane County as part of its American Rescue Plan grant award. The City will accept such reports for purposes of this Section. Reports shall be provided to the City by January 31 of the year following the reporting period. Annual Report on Number of Households Served 2023 (insert year, 2024, 2025, 2026, etc.) Service2 January 1, 2023 December 31, 2023 Total # and % increase or decrease3 Food Bank Mobile Dist. Food for Thought Clothing Emerg. Assist. The Annual Reports shall be accompanied by written summaries that explain the services SVP provided that year, a report on operations, fundraising efforts, and information about any breakdown of operations or service by location, if operations occur at multiple locations. The Annual Report shall also include any other reasonable metrics and information mutually agreed upon by SVP and the City. These Annual Reports will be required for 15 years consistent with the Agreement and Restrictive Covenant. The requirements of reporting may be modified upon mutual agreement of the parties. 2 The services in this Scope are based on SVP's latest annual report. The Parties agree that such services may be modified as services are modified, added, or removed, but that the report shall contain information about the services provided by SVP during any applicable reporting period. 3 For the first year of reporting, 2023 will provide a baseline, and thus no increases or decreases are required. Grant Agreement Spokane Valley Partners Page 12 of 32 DRAFT Contract No. EXHIBIT D: ADDITIONAL FEDERAL REQUIREMENTS This Agreement may be funded from a federal source. SVP agrees to comply with any and all additional terms applicable to the federal source. The following provisions include, in part, certain standard terms and conditions required by Treasury in connection with CLFR Funds. If any of the provisions below conflict with the provisions found in the Agreement, the provisions set forth herein control. SVP agrees not to perform any act, fail to perform any act, or refuse to comply with any City requests that would cause the City to be in violation of Treasury terms and conditions. D.1 Certifications Prior to any disbursement of funds authorized by this Agreement, Contractor shall provide the City with the certifications attached hereto. D.2 Applicable Law A. SVP agrees to administer the Agreement consistent with the terms and conditions of this Exhibit, in accordance with section 603(c) of the Social Security Act (the "Act"), as added by section 9901 of the American Rescue Plan Act, Treasury's regulations implementing the Act, and guidance issued by Treasury regarding the foregoing, as well as any other applicable federal laws and regulations. Contractor agrees to comply with the requirements of section 603 of the Act, the Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing, including regulations and guidance issued in the future. Contractor also agrees to comply with all other current or future and then applicable federal statutes, regulations, executive orders, and interpretive guidance, and Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this Agreement. SVP shall assure compliance with all applicable federal, state, and local laws, requirements, and ordinances as they pertain to the administration of the project. B. SVP shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Depaitnient of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement or agreement. Failure by SVP to carry out these requirements is a material breach of this Agreement that may result in the termination of this Agreement or other legally available remedies. SVP shall provide the civil rights certifications at Attachment C upon execution of this Agreement. C. Federal regulations that may be applicable to this Agreement include, without limitation, the following, each of which is incorporated herein as applicable: 1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, including the following: i. Subpart A, Acronyms and Definitions; ii. Subpart B, General Provisions; iii. Subpart C, Pre -Federal Award Requirements and Contents of Federal Awards, including, but not limited to: a. § 200.215. Never Agreement with the enemy; Grant Agreement Spokane Valley Partners Page 13 of 32 DRAFT Contract No. b. § 200.216. Prohibition on certain telecommunications and video surveillance services or equipment; iv. Subpart D, Post -Federal Award Requirements, including, but not limited to: a. § 200.303. Internal controls; b. § 200.307. Program income; c. § § 200.310-16. Property standards; d. § § 200.317-27. Procurement standards; e. §§ 200.331-33. Subrecipient monitoring and management; v. Subpart E, Cost Principles; vi. Subpart F, Audit Requirements; and vii. Appendix II to Part 200, Agreement Provisions for Non -Federal Entity Agreements Under Federal Awards. 2. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. 3. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. 4. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non - procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (Contracts and Subcontracts described in 2 C.F.R. Part 180, subpart B) that the Agreement is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. SVP agrees to provide the Certification Regarding Suspension, Debarment, Ineligibility or Voluntary Exclusion included at Attachment B. 5. SVP Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. 6. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. 7 New Restrictions on Lobbying, 31 C.F.R. Part 21. Contractors for awards of $100,000 or more shall file the required certification (included as Attachment A). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal Agreement, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the City of Spokane Valley who in turn will forward the certification(s) to Treasury. 8. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. 9. Generally applicable federal environmental laws and regulations. Grant Agreement Spokane Valley Partners Page 14 of 32 DRAFT Contract No. Statutes and regulations prohibiting discrimination (which prohibit the denial of benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity)) include, without limitation, the following: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's Implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; 2. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; 4. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and 5. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. D. Hatch Act. SVP agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limits certain political activities of federal employees, as well as certain other employees who work in connection with federally funded programs. E. Procurement of Recovered Materials. In the performance of this Agreement, SVP shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the Agreement performance schedule; meeting Agreement performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. SVP also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. F. Buy USA - Domestic Preference for certain procurements using federal funds. Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Grant Agreement Spokane Valley Partners Page 15 of 32 DRAFT Contract No. D.3 Recoupment A. SVP agrees that it is financially responsible for and will repay the City any and all indicated amounts following an audit exception which occurs due to SVP's failure, for any reason, to comply with the terms of this Agreement. This duty to repay the City shall not be diminished or extinguished by the termination of the Agreement. B. In the event of a violation of law, the funds shall be subject to recoupment by the City. C. Any funds paid to SVP (i) in excess of the amount to which SVP is authorized to retain under the terms of the Agreement; (ii) that are determined by the Treasury Office of Inspector General to have been misused; (iii) are determined by Treasury to be subject to a repayment obligation; or (iv) are otherwise subject to recoupment by the City, and have not been repaid by SVP to the City, shall constitute a debt to the City. D. Any debts determined to be owed the City must be paid promptly by SVP. A debt is delinquent if it has not been paid by the date specified in the City's initial written demand for payment, unless other satisfactory arrangements have been made or if the City knowingly or improperly retains funds that are a debt. The City will take any actions available to it to collect such a debt. D.4 False Statements SVP understands that making false statements or claims in connection with this Agreement may be a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal or City awards or Agreements, and/or any other remedy available by law. D.5 Publications; Inventions Any publications produced with funds from this Agreement must display the following language: "This project is being supported, in whole or in part, by federal award number [enter project FAIN] awarded to City of Spokane Valley, Washington by the U.S. Department of the Treasury." (For contracts for experimental, developmental, or research work), Contractor agrees to comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements ." D.6 Disclaimer by the City and United States A. The United States has expressly disclaimed any and all responsibility or liability to the City or third persons for the actions of the City or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of the award of Federal funds to the City under the Act, or any contract or subcontract under such award. B. The City expressly disclaims any and all responsibility or liability to SVP or third persons for the actions of SVP or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this Agreement or any other losses resulting in any way from the performance of the Agreement, or any subcontract thereto. C. This Agreement does not in any way establish an agency relationship between or among the United States, the City, and/or SVP. SVP acknowledges that the Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the City, SVP, or any other party pertaining to any matter resulting from this Agreement. Grant Agreement Spokane Valley Partners Page 16 of 32 DRAFT Contract No. D.7 Protection for Whistleblowers A. In accordance with 41 U.S.C. § 4712, SVP may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal Agreement or grant, a gross waste of federal funds, an abuse of authority relating to a federal Agreement or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal Agreement (including the competition for or negotiation of a contract) or grant. B. The list of persons and entities referenced in the paragraph above includes the following: 1. A member of Congress or a representative of a committee of Congress; 2. An Inspector General; 3. The Government Accountability Office; 4. A Treasury employee responsible for Agreement or grant oversight or management; 5. An authorized official of the Depaitnient of Justice or other law enforcement agency; 6. A court or grand jury; or 7. A management official or other employee of SVP, other contractor or subcontractor, who has the responsibility to investigate, discover, or address misconduct. C. SVP shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. D.8Increasin2 Seat Belt Use in the United States Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), SVP is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company -owned, rented or personally owned vehicles. D.9 Reducing Text Messaging While Driving Pursuant to Executive Order 13513, 74 FR 51225 (October 6, 2009), SVP is encouraged to adopt and enforce policies that ban text messaging while driving, and to establish workplace safety policies to decrease accidents caused by distracted drivers. D.10 Conflict of Interest SVP may be required to maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c). SVP must disclose in writing to the City any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. D.11 Equal Opportunity Clause (41 CFR part 60-1.4(a)) A. During the performance of this Agreement, SVP agrees as follows: 1. SVP will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. SVP will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment Grant Agreement Spokane Valley Partners Page 17 of 32 DRAFT Contract No. advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. SVP agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2. SVP will, in all solicitations or advertisements for employees placed by or on behalf of SVP, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. SVP will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with SVP's legal duty to furnish information. 4. SVP will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of SVP's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. SVP will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. SVP will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of SVP's non-compliance with the nondiscrimination clauses of the Agreement or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated or suspended in whole or in part and SVP may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. SVP will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. SVP will take such Grant Agreement Spokane Valley Partners Page 18 of 32 DRAFT Contract No. action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event SVP becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, SVP may request the United States to enter into such litigation to protect the interests of the United States. Grant Agreement Spokane Valley Partners Page 19 of 32 DRAFT Contract No. ATTACHMENT A CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal Agreement, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents of all sub -awards at all tiers (including subcontracts, sub -grants, and Agreements under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, United States Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. I hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this document, acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal and/or civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. and punishment under federal law. Signed: Date: Grant Agreement Spokane Valley Partners Page 20 of 32 DRAFT Contract No. ATTACHMENT B Certification Regarding Suspension, Debarment, Ineligibility or Voluntary Exclusion SVP certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If SVP is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. SVP shall provide immediate written notice to the City if at any time SVP learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the City for assistance in obtaining a copy of those regulations. SVP shall agree that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. SVP further agrees by signing the Agreement if selected, that it will include this clause titled "Certification Regarding Suspension, Debarment, Ineligibility Or Voluntary Exclusion" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. Pursuant to 2 CFR 180.330, SVP is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. SVP acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of a funding agreement, or pursuance of legal remedies, including suspension and debarment. SVP shall agree to keep proof in its agreement file, that it, and all lower tier recipients or SVPs, are not suspended or debarred, and will make this proof available to the City upon request. SVP must run a search in http://www.sam.gov/ and print a copy of completed searches to document proof of compliance. Signed: Date: Grant Agreement Spokane Valley Partners Page 21 of 32 DRAFT Contract No. ATTACHMENT C Civil Rights Certification Form The funds provided to SVP are available under section 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act. SVP understands and acknowledges that: As a condition of receipt of federal financial assistance from the Department of the Treasury, with monies distributed through the City of Spokane Valley, SVP provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to SVP, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of SVP's program(s) and activity(ies), so long as any portion of SVP's program(s) or activity(ies) is federally assisted in the manner prescribed above. SVP certifies the following: 1. SVP will ensure its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. SVP acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). SVP understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, SVP shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. SVP understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in SVP's programs, services, and activities. 3. SVP will agree to consider the need for language services for LEP persons when SVP develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. 4. SVP acknowledges and agrees that compliance with the assurances constitutes a requirement of receipt of federal financial assistance and will be binding upon SVP and its successors, transferees, and assignees for the period in which such assistance is provided. Grant Agreement Spokane Valley Partners Page 22 of 32 DRAFT Contract No. 5. SVP shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which will be incorporated by reference and made a part of the Agreement (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and will be incorporated by reference and made a part of the contract or agreement. 6. SVP understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates SVP, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the SVP for the period during which it retains ownership or possession of the property. 7. SVP will agree to cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. SVP shall comply with information requests, on -site compliance reviews and reporting requirements. 8. SVP will agree to maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. SVP also must inform the Department of the Treasury if SVP has received no complaints under Title VI. 9. SVP must agree to provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the SVP and the administrative agency that made the finding. If SVP settles a case or matter alleging such discrimination, SVP must agree to provide documentation of the settlement. If SVP has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. SVP has has not participated in a previous Agreement or subcontract subject to Executive Order 11246 of September 24, 1965 (regarding equal employment opportunity) or a preceding similar Executive Order. SVP agrees to comply with all the provisions of this Executive Order and the rules, regulations and relevant orders of the Secretary of Labor. (60- 1.4(b)(4)) 11. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. I hereby certify that I have read and understood the obligations described above, that SVP is in compliance with the above -described nondiscrimination requirements, and by my signature on this document, acknowledge my understanding that any intentional or negligent misrepresentation or Grant Agreement Spokane Valley Partners Page 23 of 32 DRAFT Contract No. falsification of any information submitted in conjunction with this document could subject me to punishment under federal, civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. and punishment under federal law. Printed Name Signature Title Date Grant Agreement Spokane Valley Partners Page 24 of 32 DRAFT Contract No. RESTRICTIVE COVENANT AGREEMENT This Restrictive Covenant Agreement (the "Covenant Agreement") is effective as of the day of , 2022, and is made and executed by Spokane Valley Partners (SVP), and by and in favor of the City of Spokane Valley (City), a political subdivision of the State of Washington. In this Covenant Agreement, SVP and the City may also be referred to collectively as the "Parties" and individually as "Party." RECITALS A. SVP is the owner of real property, and all facilities thereon, located at , State of Washington, legally described in Exhibit A, attached hereto and made part hereof (the "Property"). A map of the Property is attached to and made part of this Covenant Agreement as Exhibit B. The term Property refers to the real property and all facilities located thereon. B. Pursuant to the "Grant Agreement", Exhibit C attached hereto and incorporated herein by reference, between the City and SVP, dated , SVP has purchased the Property for the purpose of providing local and regional assistance to the poor and infirm, including but not limited to providing food, clothing, and other like services contained in the Grant Agreement for the public. C. The purpose of this instrument is to place on record those certain Restrictive Covenants (as defined below) which, pursuant to the Grant Agreement and resulting grant in the amount of $4 million (the "Grant Award") awarded to SVP to purchase said Property, require that the Property be restricted to uses in accordance with this Restrictive Covenant and Grant Agreement. The Property was acquired by deed recorded under recording No. , between and SVP. COVENANT AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein, SVP and the City agree, covenant and declare that the Property is subject to the following restrictive covenants, which covenants shall run with the land and burden the Property for the sole benefit of the City. All the terms and provisions hereof shall be construed to effectuate the purposes set forth in this Covenant Agreement and to sustain the validity hereof. 1. SVP and the City agree and declare that the covenants and conditions contained herein touch and concern the land and shall bind and the benefits shall inure to, respectively, SVP and its successors and assigns and all subsequent owners of the Property, and to the City and its successors and assigns and all subsequent owners of the City's benefited property interests, subject to modification thereof as specifically provided below. Each and every contract, deed or other instrument hereafter executed conveying any portion or interest in the Property, shall contain an express provision making such conveyance subject to the covenants and conditions of this Covenant Agreement, provided however, Grant Agreement Spokane Valley Partners Page 25 of 32 DRAFT Contract No. that any such contract, deed or other instrument shall conclusively be held to have been executed, delivered and accepted subject to such covenants and conditions, regardless of whether or not such covenants and conditions are set forth or incorporated by reference in such contract, deed or other instrument. 2. SVP covenants and declares on behalf of itself and all heirs, assigns, and successors in interests into whose ownership the Property might pass that the Property will be preserved and maintained in accordance with the restrictions and obligations described in this Covenant Agreement for at least 15 years from the date this document is filed, except as may be provided for in the applicable terms and procedures contained in the Grant Agreement. It is the intent of SVP that such covenants shall supersede any prior interests SVP has in the Property and shall run with the land for the benefit of the City, and be binding on any and all persons who acquire any portion of, or interest in, the Property. SVP and the City agree that City shall have standing to enforce these covenants. 3. Purchase: SVP acknowledges that the Property was purchased for public purposes with City grant funds, and SVP covenants that the Property will continue to be used for providing assistance to the poor and infirm including but not limited to providing food, clothing, and other like services contained in the Grant Agreement that constitutes the public purpose of the Grant Award, and that the Property shall not be transferred or conveyed for a period of 15 years except pursuant to such applicable terms and procedures contained in the Grant Agreement. 4. SVP covenants that it and any successor in interest will maintain the Property for the purposes of providing assistance to the poor and infirm including but not limited food, clothing, and other like services contained in the Grant Agreement that constitutes the public purpose of the Grant Award. In addition to all obligations contained in the Grant Agreement, SVP covenants that dedicated portions of the Property shall be open and accessible to the public at reasonable hours and times as determined in SVP's sole and absolute discretion. SVP shall notify the public of the availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Fees for use of the Property shall be no greater than those generally charged by public operators of similar facilities in City. 5. Parties Bound. This Covenant Agreement shall benefit and be enforceable only by the City and SVP and their successors or assigns and shall not be enforceable by any third parties. 6. Remedies. The City its successors, designees or assigns shall have the following remedies against SVP, its successors, designees or assigns for violation of this Covenant Agreement: 6.1 Default. If SVP materially fails to observe or perform any of the terms, conditions, obligations, restrictions, covenants, representations or warranties of the Covenant Agreement and the incorporated Grant Agreement, and if such noncompliance is not corrected as provided herein, then such noncompliance shall be considered an event of default. Grant Agreement Spokane Valley Partners Page 26 of 32 DRAFT Contract No. 6.2 Notice of Default. Before the City pursues a remedy against SVP for a material breach of this Covenant Agreement, the City shall provide written notice specifying the default to SVP. Upon receipt of such notice, SVP shall thereafter have a 14 day period to cure such default (or if such default is not capable of cure within 14 days, such additional period as is reasonably necessary for SVP to complete such cure, provided that SVP commences cure within such 14 day period and thereafter diligently pursues it to completion). 6.3 City's Remedies. The City shall be entitled to all remedies in law or in equity against SVP in the event of a material default including but not limited to all remedies and rights outlined by the Grant Agreement such as recoupment of the Grant Award with interest as delineated therein, and also, including instituting and prosecuting any proceeding at law or in equity to abate, prevent, or enjoin any such violation or to compel specific performance by SVP of its obligations hereunder. 6.4 No Waiver. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of the City to enforce the same or obtain relief against or recover for the continuation or repetition of such breach or violation or any other breach or violation thereof at any later time or times. 6.5 SVP Autonomy. Nothing in this Covenant Agreement shall limit or be interpreted to limit SVP's autonomy in the management of its operations, strategic decision making, services, and geographical scope of services, or to provide the City with authority or oversight in such areas. SVP shall at all times maintain sole and absolute control over its operations and services. 7 Miscellaneous Provisions. 7.1 Agreement to Record. SVP shall cause this Covenant Agreement to be recorded in the real property records of Spokane County, Washington pursuant to the terms of the Grant Agreement. SVP shall pay all fees and charges incurred in connection with such recording and shall provide the City with a copy of the recorded document. 7.2 Time of the Essence. Time is of the essence of this Covenant Agreement and of every provision thereof. 7.3 Notices. Notices, certificates, reports, or other communications shall be deemed delivered on the third day following the date on which the same have been mailed by certified or registered mail, postage pre -paid, return receipt requested, or on the date on which the same have been personally delivered with proof of receipt, at the addresses specified below, or at such other addresses as may be specified in writing by the parties listed below: Grant Agreement Spokane Valley Partners Page 27 of 32 DRAFT Contract No. If to City: Christine Bainbridge, City Clerk (509) 720-5000 10210 East Sprague Avenue Spokane Valley, WA 99206 If to SVP: Calvin B. Coblentz, CEO (509) 927-1153 P.O. Box 141360 Spokane Valley, WA 99214 With a copy to: 7.4 Severability. If any provision of this Covenant Agreement shall be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 7.5 Amendments. This Covenant Agreement shall be amended only by a written instrument executed by the Parties hereto or their respective successors in title, and duly recorded in the real property records of Spokane County, Washington. 7.6 Governing Law. This Covenant Agreement shall be governed by the laws of the State of Washington and venue shall be in Spokane County Superior Court. 7.7 Reliance. The City and SVP hereby recognize and agree that the representations and covenants set forth herein may be relied upon by each other. 7.8 No Conflict with Other Documents. SVP and the City warrant that they have not executed and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that in any event the requirements of this Covenant Agreement and attached Exhibits are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. 7.9 Sale or Transfer of the Property. SVP agrees to notify the City at least 60 days' prior to any proposed sale or other transfer of SVP's ownership interest in the Property. 7.10 Subletting. Nothing in this Covenant Agreement shall restrict or prevent SVP from subletting all or a portion of its Property upon reasonable prior notice to the City in conformance with the services provided under the Grant Agreement. Grant Agreement Spokane Valley Partners Page 28 of 32 DRAFT Contract No. Upon any such subletting, SVP shall continue to be responsible for ensuring compliance with the terms and conditions of this Covenant Agreement. 7.10 Captions. The titles and headings of the sections of this Covenant Agreement have been inserted for convenience of reference only and are not to be considered a part hereof. They shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this document or any provision thereof or in ascertaining intent, if any question of intent shall arise. 7.11 No Third Party Beneficiaries. This agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Covenant Agreement. IN WITNESS WHEREOF, SVP and the City have executed this Covenant Agreement on the date set forth above. SVP: By: Name: Its: City, a political subdivision of the State of Washington By: Name: Its: [Notary Block on following page] STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of 2022 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of Grant Agreement Spokane Valley Partners Page 29 of 32 DRAFT Contract No. , the corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: Printed Name STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of 2022 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. written. WITNESS my hand and official seal hereto affixed the day and year in this certificate above NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: Printed Name RESTRICTIVE COVENANT AGREEMENT EXHIBIT A LEGAL DESCRIPTION Grant Agreement Spokane Valley Partners Page 30 of 32 DRAFT Contract No. RESTRICTIVE COVENANT AGREEMENT EXHIBIT B PROPERTY AND FACILITY MAP RESTRICTIVE COVENANT AGREEMENT Grant Agreement Spokane Valley Partners Page 31 of 32 DRAFT Contract No. EXHIBIT C GRANT AGREEMENT Grant Agreement Spokane Valley Partners Page 32 of 32 Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action December 13, 2022 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Sullivan /Trent Interchange Design Alternatives GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: • January 4, 2022: Administrative Report on amending the 2022-2027 Six Year Transportation Improvement Plan, which included this project. • January 11, 2022: Council passed Resolution 22-001, adopting the amended 2022- 2027 Six Year Transportation Improvement Plan, which included this project. • March 22, 2022: Administrative report providing a project update • October 4, 2022: Administrative report providing a project update BACKGROUND: Project Background The Sullivan Road/Trent(SR 290) interchange connects rural freight traffic with one of the region's busiest urban corridors. Sullivan Road between 1-90 and SR 290 is home to 9,000 jobs, 85% of which are directly related to freight. Large employers, including the Spokane Industrial Park and Amazon, move their goods and employees via Sullivan Road and Bigelow Gulch within Spokane County. Sullivan Road south of SR 290 is a WSDOT Freight and Goods Transportation System (FGTS) T-2 freight corridor that turns into a T-1 freight corridor south of Euclid Road and continues to its 1-90 connection, carrying over 10 million tons of freight annually. The connection of Bigelow Gulch Road into Sullivan Road will dramatically impact the operations of the SR 290 interchange. Peak hour traffic volumes are expected to increase from 1,400 existing trips to 2,400 future trips now that the Bigelow Gulch Road improvements are complete. In the near future, additional trip information will be gathered to verify these increases. Without reconstruction of the SR 290 interchange, it is expected that both westbound and eastbound ramp intersections will drop from a current Level of Service (LOS) C to LOS F by year 2030. This increase in traffic, and decrease in LOS, will degrade the safety of the existing interchange, slow the movement of rural freight into the urban area, and ultimately restrict economic growth in the region. In 2021, the City selected KPFF Consulting Engineers (KPFF) to evaluate alternative designs for the interchange. KPFF, along with City staff has evaluated four alternatives in terms of cost, traffic flow, right-of-way needs, impacts to existing properties, constructability, safety, and other pertinent project elements in order for the City to select the preferred alternative to advance to final design. The four alternatives that were evaluated are: 1. Signalized Diamond Interchange 2. Diamond Interchange with Peanut Roundabout 3. Diverging Diamond Interchange 4. Jug Handle w/ Roundabouts Consultants and city staff held an open house meeting on October 27, 2022 to present the alternatives for public feedback. Engineering team also reached out and met with several stakeholders for their input on their preferred alternative. Based on the engineering team's alternative analysis along with the community input, City staff is recommending advancing Alternative #2-Diamond Interchange w/ Roundabout to final design. Alternative #2 provides the best level of service, rates the best in reduction in fatal and serious injury collision, rates the best in all total performance metrics for the alternative analysis, and was the most favored by the community and stakeholders, including Washington State Department of Transportation. The City's project budget for the engineering design is shown below: Project Costs Project Funding Preliminary Engineering 60% $ 3,052,000 City Fund 312 $ 500,000 NHFP (federal) $ 1,185,000 SRTC (federal) $ 1,367,500 Total Estimated Costs $ 3,052,000 Total Budget $ 3,052,500 OPTIONS: Staff is recommending advancing Alternative #2-Diamond Interchange w/ Roundabout to final design. Council can concur with staff or select another option. RECOMMENDED ACTION OR MOTION: Council consensus for staff to bring forward a motion consideration on December 20, 2022, to advance the Alternative #2-Diamond Interchange w/ Roundabout to final design. BUDGET/FINANCIAL IMPACTS: $35 to $43 million depending on preferred alternative. STAFF CONTACT: Robert Lochmiller, CIP Engineering Manager Jerremy Clark, Traffic Engineering Manager ATTACHMENTS: Presentation Alternative Comparison Table • Jerremy Clark, PE, PTOE, Traffic Engineering Manager Project Background Reconstruction of the existing tight diamond interchange at Sullivan Road and Trent Avenue (State Route 290) Bridge structure is below current height standards Signalized intersections at ramps are deficient with the addition of the Bigelow Gulch connector traffic volumes 2 Spokane _.Valley Project Location Sullivan/Trent Interchange Project Pines RoadIBNSF Grade Separation Project Barker;BNSF Grade Separation Project Spokane _.Valley Project Purpose Improve Level of Service - Traffic Flow Improve Safety Improve Truck Mobility Add Non -Motorized Facilities Provide Adequate Vertical Clearance Over Trent Ave Replace Aging Infrastructure Accommodate Future BNSF Railroad Mainline Expansion 4 E Sanson Ave n n v ' 0 0 ,s ' E Rich Ave E.Wellesley Ave E Rich Ave E Trent Ave e s l i E Industrial Park A St rmatr OM Wit E Industrial Park �B St ; z z ..q • 'Mild su l�ar�-susCstsa -' El) E'Industr al P k'D St . ;MINE'i-- v ®" 1° �E'n al kEsi .... _ , f F4O�dq 9 i ;� d` Spokane .Valley Interchange Alternatives Alternative #1 Signalized Diamond Interchange C. TWIT AVE SR,RNO Siff MO. 5 Alternative #2 Diamond Interchange w/ Roundabout Alternative #3 Diverging Diamond Alternative #4 Inter& nge Jug Handle w/ Roundabouts P2:L °.11 PA 1° 19 MVSFNiONRG arrot es YS1 I£ PC,PAGACE SJWVM 4C - R .-N, 4=1915 ,Ss ROD IGELLC �tyoli 4-4 MUYAN aRic�tic� +woi4,5 v o, 1z. - NL[NW AYE (5R290) 9NSP RAIL — N SULLIVAN PO^ xPALCELA9 xxsxuClrw PARCEL ro 950215819 1409 N SJLI-VPIJ RD iaRiCaM1dq OLiwc, I vAk4"4, iD= e501 ,,13q Spokane _.Valley Alternative 1 - Signalized Diamond Interchange Standard Diamond Intersection - Named for the pattern that vehicle travel paths make Traffic light signals cycle through directional traffic Widens Sullivan Road to 7 lanes: Two lanes each direction Two southbound dedicated left turn lanes, and One northbound dedicated left turn lane Estimated Costs: $42.2 Million 6 121, N FXwE4 ROD Nx'kxL NN 0021.= RN TOR NEWT 17.. L. TRENT ME SR29Q Itla Wad Alternative 1 - Signalized Diamond Interchange Most drivers know how to navigate this configuration • Corm r Provides least improvement to traffic flow compared to the other three alternatives Anticipated 2030 LOS: B/C (AM Peak) and C (PM Peak) r Increase on -ramp lengths. Potential impact to Trent's access to/from Progress r Wide footprint at north end (More right-of- way acquisition required) r Higher annual maintenance costs (two full ,[4n;:y„HAG A[CRiS=- I IRLS X Sll11NAX lm IOW XlW51XIk signals) �SLK�n� PAXK� Spokane 7 r Expensive Valley® Alternative 2 - This 'peanut' or 'dogbone' roundabout configuration handles all the turn movements at both eastbound and westbound ramps without signalization. Allows for bypass lanes for high -volume turn movements like westbound Trent to northbound Sullivan. Estimated Costs: $42.2 Million 8 44s5 N , 1L1NAN RN I"t2ESIEAD CNSIRUCIICN PARCEL V. 45021.5E19 4475 'SULLIVAN RV M(%RTKMJ 1SIEL1 ! PARCEL IV: /S012.9125 q T Vgr$,� r4 APCPNBLE SELF STORAGE. OVA LLC. PhicAlk 45V21.015 f-_ gra RA14R040 Spokane _.Valley Alternative 2 - with Peanut Roundabout • Pros E Rates the best (tied) for the anticipated traffic flow in 2030 and 2050 Anticipated 2030 LOS: A (AM/PM Peak) Rates the best in reduction in fatal and severe injury collisions Potential less construction impacts by phasing bridge construction to maintain traffic flow WSDOT preferred alternative • COfl Increase on -ramp lengths. Potential impact to Trent's access to/from Progress Wide footprint at north end (More right-of-way needed) Lower annual maintenance costs (no signals) 9 Expensive 08 9 995 N SIWYAI4 RO HCNESTEAD COM$TR00910N PARCEL ib. 95021.5 19 441FriSO LIVAN'RL AffOC+BFBLE SELF STORAGE SUL.Lhr. LLC r - E (RENT AVE SR290 ENSF AARIIOA➢ Spokane _.Valley Alternative 3 - Diverging Diamond Interchange (DDI) This configuration reduces vehicle conflict points for turning movements and improves operational efficiency as compared to a typical diamond interchange Crosses the northbound and southbound traffic to the opposite side of Sullivan between the two signalized crossover intersections creating "free" left turns Estimated Costs: $43.1 Million 10 Spokane _.Valley Alternative 3 - Diverging Diamond Interchange (DDI) Provides better traffic flow compared to a standard signalized diamond Anticipated 2030 LOS:A/B (AM Peak) and B (PM Peak) Allows unsignalized left turns and right turns tojfrom the ramps, decreasing conflicts and increasing traffic through the signalized intersections ■ Cons • Wide footprint at north and south ends. (additional right-of-way and bridge width needed) Likely to close Progress Road at Trent Avenue Drivers are less familiar navigating the DDI Increase on -ramp lengths. Potential impact to Trent's access to/from Progress Higher annual maintenance costs (two full signals) Most expensive alternative 11 Pr— ;FOrieZELE SICRA[E $JLLtVPk, !LC - PAF 45021.9I5 - ;--r E. (RENT AVE (SR296)„_ P In 13145E RAIL I Spokane jValley Alternative 4 - Sullivan and Trent connect using two roundabouts in the northwest corner of the interchange. This connection is referred to as the "jug handle" There are also northbound ramps for direct access to both eastbound and westbound Trent Avenue. Su' ated Costs: $35.2 Million 12 IW41P5ON. JARR II. & PEHNEY PARCEL ID: 45D21.5818 4415 N 9JLIFYAN RD INSTEAD CRNSERVCIIcN PARCEL ID: 45021.581R r•.:: ;F[:RLE SELF 5701/ARE PALN/4 LLC FA. 1..R: 45021.015 ROD RAILWAY SK4AT LC PARCEL ID: 45021.9022 TP,A :L5..1.- AKEL ID: 45012.1602 4405 SULLIVAN RD IRR154554 D151RIC1 [ 3 PARCEL ID: 45012.9128 4424 N RN REY PARCEL I E. NEWT BNSF RAILROAD Spokane iValley Alternative 4 -dug Handle with Roundabouts Rates the best (tied) for the anticipated traffic flow in 2030 and 2050 Roundabouts typically reduce fatal and serious injury collisions as compared to standard signalized intersections Only the eastbound on -ramp is lengthened, no impacts to Trent's access to Progress Provides the narrowest road section on Sullivan, reducing bridge costs Lower annual maintenance costs (no signals) & smaller bridge footprint ■ Lowest cost alternative • Cons ■ Introduces a new intersection onto Trent Avenue Steep road grade between the roundabouts Trent Avenue speeds would be reduced through roundabout section Short on ramp for southwest bound traffic —44214 PSOII. .LIACK K 4 PdRCE1 ID' 45021.581 SULUVAN AC 4190RL'ABLE SE SERAGE S1ILLFV44. LLC PAR ric 45021.9.15 4210 R00 HA0.9.kr S'WA:x 1^ PARCI- IG: 45221.9222 WIWI MU 44B2-AFAIVAN RP I;PRIGATICN OIS1RICT ! 3 PARCEL ID' 45012.91 G. 91,4SF RAILROAD Spokane Walley Community Input 14 Approximately 2,500 mailers sent to property owners within 2 miles of project Project webpage and online survey launched October 20, 2022 Survey was open until Nov. 18, 2022 292 completed surveys Public Open House held on October 27, 2022 Estimated 50-60 citizens in attendance (most completed the sign -in sheet) 15 in -person surveys were collected Spokane iValley 15 Community Input How Important and Necessary is this Project? 7% 7% 19% 3 Asked to rate the project on a 1 to 5 scale 1 = Not Very Important 5 = Extremely Important Spokane _.Valley Community Input 25% 32% Community's Alternative Preference Survey Results 7% 14% 24% SIGNALIZED DIAMOND ROUNDABOUT DIAMOND DIVERGING DIAMOND ■ Favorite ■ Least Favorite 16 35% JUG HANDLE Spokane _.Valley Community Input 17 Stakeholder Outreach (October to November) All stakeholders were in support of the project and recognized the need East Valley School District — No Preference Spokane Business and Industrial Park — Preferred Jug Handle Inland Empire Distribution Systems (IEDS) - Preferred Diamond Interchange with Roundabout Kaiser Aluminum — No Preference Spokane Transit Authority — Preferred Diamond Interchange with Roundabout Washington State Department of Transportation (WSDOT) - Preferred Diamond Interchange with Roundabout Spokane iValley Alternatives Evaluation 18 Selection of the preferred alternative using established performance metrics and targets: Level of Service (Traffic Flow) Safety Estimated Construction Costs Right -of -Way Needs Environmental Impacts Vehicle & Pedestrian Safety Maintenance and Operation Costs Community Input Spokane iValley Alternatives Evaluation 19 Fe'' E o�°n o 2'V `m V Baseline Performance Metrics Total Points Mobility (SR290 & Sul ivan Rd) Safety (SR290 & Sull'van Rd) Baseline Performance Metrics Subtotal w V O All Modes v 4 'a v 4 'a y 'O S a y 'O S a + o + + Pedestrian Mobility Ped + 0 0 + Bicycle Mobility Bike + + + + Freight Mobility, Turning Movements Freight 0 0 0 0 SR 290 Average, Maximum Queue Length All Vehicles + , + Sullivan Average, Maximum Queue Length All Vehicles + Progress Road access to/from SR 290 All Vehicles 0 0 0 Improvement to Driver Expectation*** All Vehicles + Total Construction Duration- Impacts to Traveling Public All Modes Sullivan Closure Duration- Impacts to Traveling Public All Modes During Construction + + + + 0 Cost Benefit Analysis + Project Estimated Construction Cost 0 2023 Estimated Construction Cost Value 2 2 2 2 0 Impacts to Environmental Resources"" + + + 0 Reduce Emissions Through Reduction in Traffic Delay All Vehicles O + + Public Acceptance + + + + Long Term Maintenance Impact 0 + Required ROW Acquisition (9 Parcels Impacted) a a a ALTERNATIVE Intersection Traffic Operations* SR 290 Average Speed Travel Time Index** Expected Injury and Fatal Crashes Expected Property Damage Only (PDO) Crashes No Build - o o - - -6 Alternative 1: Diamond Interchange w/Signalized Intersection o 0 0 0 1 Alternative 2 : Diamond Interchange w/Aligned Peanut Roundabouts o o s Alternative 3: Diverging Diamond Interchange o 0 0 - -1 Alternative 4: Jug Handle Interchange 4 Staff Recommendation 20 Based on the Alternative Analysis: Engineering is recommending the Diamond Interchange with Roundabout ("Peanut't) as the preferred alternative Provides the best Level of Service Rates the best in reduction in fatal and serious injury collision. Highest rated alternative based on all total performance metrics in the Alternative Comparison Table. Most favorite between the Community Input and Stakeholder Outreach, including WSDOT Common interchange design Potential benefits in construction staging/phasing to maintain traffic flow Seeking Council Consensus to return with a motion on December 20, 2022. Spokane iValley Alternatives Comparison Table - Sullivan Road / SR 290 Interchange Reconstruction Project E a a 3 a Baseline Performance Metrics Contextual Performance Metrics Total Points Mobility (SR290 & Sullivan Rd) Safety (SR290 & Sullivan Rd) Baseline Performance Metrics Subtotal Mobility Economic Vitality Environ mental Community & Stakeholder Contextual Performance Metrics Subtotal O All Modes = r Q = r Q All Modes All Modes Ped Y bU r Q r Q r Q rr Q All Modes All Modes Q N 10 L I t 2 N a ALTERNATIVE Intersection Traffic Operations* SR 290 Average Speed Travel Time Index** Expected Injury and Fatal Crashes Expected Property Damage Only (PDO) Crashes Pedestrian Mobility Bicycle Mobility Freight Mobility, Turning Movements SR 290 Average, Maximum Queue Length Sullivan Average, Maximum Queue Length Progress Road access to/from SR 290 Improvement to Driver Expectation*** Total Construction Duration - Impacts to Traveling Public Sullivan Closure Duration - Impacts to Traveling Public During Construction Cost Benefit Analysis Project Estimated Construction Cost 2023 Estimated Construction Cost Value Impacts to Environmental Resources^ ^ Reduce Emissions Through Reduction in Traffic Delay Public Acceptance Long Term Maintenance Impact Required ROW Acquisition (0 Parcels Impacted) No Build - n n — — -6 - — — n - ++ n ++ ++ n ++ $o n — — — ++ -z Alternative 1: Diamond Interchange w/Signalized Intersection n n n n + i ++ ++ ++ n + - n - - + - $ 42.2 M + o + + — 2 Alternative 2 : Diamond Interchange w/Aligned Peanut Roundabouts ++ n n ++ + s + n + n ++ - n - - ++ - $ 42.2 M Alternative 3: Diverging Diamond Interchange + n n n - a n n ++ n + - - - - + - $ 43.0 M - + - + o -s Alternative 4: Jug Handle Interchange ++ - - ++ ++ 4 + + + - ++ ++ — — — ++ - $ 35.2 M — ++ n ++ - 2 t Mode 'All Modes' Includes Auto, Truck, Transit, Bicycle, anc Pedestian Interseckon Level of Service (LOS) or Volume to Capacty Rado (V/C)-how congested is the IntersectIon "Travel Time Index (rTI) is the redo of the travel doe curing the peak period to the time required to make the same trip at free -flow speeds. "' Onver Expectation is what a driver Laoally encounters- emit to local roadway on right, yield to the right ata four-way stop, turn SB off of SR 290 onto Sullivan Road antl actually go south, etc. "" Cty of Spokane Valley Comprehensve Plan, SRTC Model, Growth Management, Congestion Management Process " Ranked based on direct comments from emergency services Includes sails, geology, farmland, wells, T&E, Cultural, air nose, etcbased on Cily of Spokane Valley desktop Envlmnmental Summary. (see http /PA.,/ wsdot wa govOubliaeonsfullte#mesROASOE/Pacdal_oesign paf for memc guidance) Score (relativ moth r altern fives): ++ Opfimal Pe forman e Bene it Neutral Impact -- Deteriorates Performance CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 13, 2022 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 franchise with Yellowstone Pipe Line Company for parcel number 45033.5010. GOVERNING LEGISLATION: RCW 35.47.040; RCW 35A.11.020. PREVIOUS COUNCIL ACTION TAKEN: Approval of Ordinance 21-022 granting City-wide franchise to Yellowstone Pipe Line Company. BACKGROUND: The City Council approved Ordinance 21-022 on November 23, 2021, which granted a 25 year franchise to Yellowstone Pipe Line Company (Yellowstone) to construct, maintain, and operate its petroleum products pipeline in the City's rights -of -way. It is important to note that it only granted authority relative to rights -of -way controlled by the City, but not other public property owned by the City. The City has been working to finalize the design for the Pines Grade Separation (Pines GSP) over the past year. In doing so, it became clear that the location of one of the underpasses will materially interfere with the current location of Yellowstone's facilities, which were placed in the BNSF corridor in 1952 pursuant to an easement granted to Yellowstone. As part of the Pines GSP planning, the City purchased parcel number 45033.5010, which will be the location of the southerly starting point for the relocated Pines Road. Pursuant to the design, Yellowstone's pipeline will be redirected south from the undercrossing under the rail line approximately 200 feet, cross under the relocated Pines Road just north of Pinecroft Way, then turn north approximately 200 feet to reconnect with the original location. The City needs to grant a second franchise for this one parcel -specific because the City has not dedicated parcel number 45033.5010 for public right-of-way purposes. If we had, it would be subject to the existing franchise under Ordinance 21-022. The City does not generally dedicate property as right-of-way until a project is complete in order to be able to better control access by members of the public. The consequence is that Yellowstone will relocate and reopen their pipeline to non -right-of-way, so the existing franchise would not apply. There are terms in the franchise that are very important for protecting the life, health, and safety of our citizens and businesses, including hazardous materials handling requirements, safety plan requirements, and very high insurance coverage requirements in the unlikely event of a spill or explosion. If approved, this limited franchise would be in effect from the time it is approved by Yellowstone until the City dedicates parcel number 45033.5010 as public right-of-way. Once that occurs, this stretch of relocated pipeline will be subject to all of the conditions of Ordinance 21-022 and this new franchise will terminate. This proposed ordinance is, in effect, a temporary placeholder franchise to provide all the same terms as Ordinance 21-022 until the dedication occurs. OPTIONS: (1) Consensus to advance the draft franchise for ordinance first reading; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place the proposed franchise with Yellowstone Pipe Line Company, applicable only to parcel number 45033.5010, on a future agenda for an ordinance first reading. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: (1) draft Yellowstone franchise for parcel number 45033.5010; and (2) vicinity map showing location of parcel number 45033.5010. Draft CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.23-*** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO THE YELLOWSTONE PIPE LINE COMPANY TO CONSTRUCT, OPERATE, MAINTAIN, REMOVE, REPLACE, AND REPAIR EXISTING PIPELINE FACILITIES FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS AND BYPRODUCTS ON CITY -OWNED PARCEL NUMBER 45033.5001, AND OTHER MATTERS RELATING THERETO. WHEREAS, Yellowstone Pipe Line Company (hereinafter "Yellowstone") owns and operates certain facilities related to a petroleum pipeline within and through the City of Spokane Valley (hereinafter ("City" or "the City") through a franchise agreement granted by Ordinance 21-022 in 2021; and WHEREAS, Ordinance 21-022 authorizes Yellowstone to utilize public rights -of -way for location of its facilities, but not other City -owned property; and WHEREAS, Yellowstone currently has facilities in the Burlington Northern Santa Fe (BNSF) rail corridor in the vicinity of Pines Road, running generally in a linear fashion from east to west; and WHEREAS, the City is currently in the design stage for the construction of a grade separation project that will result in Pines Road being relocated to the east of its current configuration, and which will require reconstruction of Pines Road under the BNSF rail lines; and WHEREAS, Yellowstone's facilities are currently at a depth and location that will conflict with the construction and operation of relocated Pines Road; and WHEREAS, the City purchased a parcel of land, 45033.5010in 2017 for the purpose of relocating Pines Road east of its current configuration, but this property is not currently designated as right-of-way by the City, and won't be so designated until after the project is constructed, but prior to the road being opened for public use; and WHEREAS, because the existing franchise granted through Ordinance 21-022 only relates to facilities in the rights -of -way, the Parties desire to have the same terms apply to this relocated portion of Yellowstone facilities until such time as it is dedicated as right-of-way and therefore becomes subject to the terms of Ordinance 21-022; and WHEREAS, the terms of this franchise ordinance will automatically expire at such time that the City dedicates parcel 45033.5001 for public road purposes as right-of-way; and WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service;" and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority Yellowstone Pipe Line Franchise Ordinance 23-*** Page 1 of 15 Draft of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective;" and WHEREAS, this Ordinance has been submitted to the City Attorney for review prior to its passage; and WHEREAS, the Council finds that the grant of the franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purposes of this franchise and all exhibits attached hereto, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. construct or construction - shall mean removing, replacing, and repairing existing facilities and may include, but is not limited to, digging and/or excavating for the purposes of removing, replacing, and repairing existing facilities. effective date - shall mean the date designated herein after passage, approval and legal publication of this Ordinance and acceptance by Yellowstone, upon which the rights, duties and obligations shall be in effect and the date from which the time requirement for any notice, extension and/or renewal shall be measured. facilities - shall mean the Yellowstone's pipeline system, lines, valves, mains, and appurtenances used to transport or distribute Yellowstone's petroleum products. franchise - shall mean this franchise including any amendments, exhibits, or appendices. franchise area - shall mean the current boundary of Spokane County parcel number 45033.5010. hazardous substance - shall mean any hazardous, toxic, or dangerous substance, material, waste, pollutant, or contaminant. The term shall specifically include petroleum and petroleum products and their by- products, residue, and remainder in whatever form or state. The term shall also be interpreted to include any substance which, after release into the environment, will or may reasonably be anticipated to cause death, disease, injury, illness, behavior abnormalities or genetic abnormalities. maintenance or maintain - shall mean examining, testing, inspecting, repairing, maintaining and replacing the existing facilities or any part thereof as required and necessary for safe operation in the franchise area. operate or operations - shall mean the use of Yellowstone's existing facilities for the transportation, distribution and handling of petroleum products or byproducts within and through the franchise area. pipeline corridor - shall mean the pipeline pathway through the franchise area in which the Yellowstone facilities are located at the time this franchise becomes effective, including any rights -of -way, public places located in the City as approved under City permits issued pursuant to this franchise, and/or easement over and through private property. Yellowstone Pipe Line Franchise Ordinance 23-*** Page 2 of 15 Draft public properties - shall mean the present and/or future property owned or leased by the City within the present and/or future corporate limits or jurisdictional boundaries of the City. rights -of -way - shall mean the surface and the space above and below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, and easements located in the franchise area. Section 2. Grant of Franchise. 2.1 City hereby grants to Yellowstone, a corporation organized and existing under and by virtue of the laws of the State of Delaware, and which is authorized to transact business within the State of Washington, its successors and assigns (as provided in Section 4), the right, privilege, authority and franchise to relocate to, operate, and maintain facilities necessary for the transportation, distribution, and handling of any petroleum product or byproduct thereof, liquids and gases, within the identified franchise area. 2.2 This franchise is non-exclusive. City reserves all rights to its property, including, without limitation, the right to grant additional franchises, easements, licenses and permits to others, provided that the City shall not grant any other franchise, license, easement or permit that would unreasonably interfere with Yellowstone's permitted use under this franchise. This franchise shall in no manner prohibit the City or limit its power to perform work upon its rights -of -way and public properties, or make any necessary changes, relocation, repair, maintenance, establishment, improvement thereto, or from using any of the rights -of way and public properties, or any part of them, as the City may deem fit from time -to -time, including the dedication, establishment, maintenance and improvement of all new rights -of -way and other public properties of every type and description. 2.3 This franchise is conditioned upon the terms and conditions contained herein and Yellowstone's compliance with all applicable federal, state or other regulatory programs that currently exist or may hereafter be enacted by any regulatory agencies with jurisdiction over Yellowstone and that are applicable to the facilities in the franchise area. 2.4 By granting this franchise, the City is not assuming any risks or liabilities. Yellowstone agrees and covenants to, at its sole cost and expense, take all necessary and prudent steps to protect, support, and keep safe from harm its facilities, or any part thereof, when necessary to protect the public health and safety. 2.5 This franchise is intended to convey only a limited right and interest. It is not a warranty of title or interest in City's rights -of way or other public property. None of the rights granted herein shall affect the City's jurisdiction over its property, streets or rights -of -way. 2.6 The limited rights and privileges granted under this franchise shall not convey any right to Yellowstone to install any new facilities other than the facilities relocation contemplated in the recital without the express written consent of City. Section 3. Term. Each of the provisions of this franchise shall become effective upon the effective date, subject to Yellowstone's acceptance of the terms and conditions of this franchise and shall remain in effect until such time that the City dedicates that portion of the franchise area containing Yellowstone's facilities for public right-of-way purposes. After such a dedication by the City, the facilities on parcel 45033.5001 shall become subject to the franchise granted by Ordinance 21-022. Section 4. Assignment and Transfer of Franchise. 4.1 This franchise shall not be leased, assigned, or otherwise alienated without the express consent of the City by ordinance, which approval shall not be unreasonably withheld. Yellowstone Pipe Line Franchise Ordinance 23-*** Page 3 of 15 Draft 4.2 No transfer shall be approved unless the assignee or transferee has at least the legal, technical, financial, and other requisite qualifications to carry on the activities of Yellowstone with respect to this franchise. 4.3 Any transfer or assignment of this franchise without the prior written consent of the City shall be void. Section 5. Compliance with Laws and Standards. 5.1 In carrying out any authorized activities under the privileges granted herein, Yellowstone shall meet accepted industry standards and comply with all applicable laws of any governmental entity with jurisdiction over the pipeline and its operation. This shall include all applicable laws, rules and regulations existing at the effective date of this franchise or that may be subsequently enacted by any governmental entity with jurisdiction over Yellowstone facilities. 5.2 In the case of any conflict between the terms of this franchise and the terms of City's ordinances, codes, regulations, standards and procedures, this franchise shall govern. Section 6. Construction and Maintenance. 6.1 All pipeline construction, maintenance or operation undertaken by Yellowstone, upon Yellowstone's direction or on Yellowstone's behalf, shall be completed in a workmanlike manner and comply with all applicable state and federal regulations. 6.2 Except in the case of an emergency, prior to commencing any construction and/or maintenance work in the franchise area, Yellowstone shall first file with the City such detailed plans, specifications, and profiles of the intended work as may be required by the City. The City may require such additional information, plans, and/or specifications as are in the City's reasonable opinion necessary to protect the public health and safety during the construction and/or maintenance work and for the remaining term of this franchise. 6.3 All construction and/or maintenance work shall be performed in substantial conformity with the plans, maps, and specifications filed with the City, except in instances in which deviation may be allowed thereafter in writing pursuant to an application by Yellowstone, or in instances of emergency, which shall then be brought into conformity within a reasonable time. 6.4 All pipes and other components of any facilities used in construction and/or maintenance activities within the franchise area shall comply with applicable federal regulations as adopted or amended. 6.5 Except in the event of an emergency, Yellowstone shall provide the City at least 20 calendar days written notice prior to any construction and/or maintenance, or other substantial activity, other than routine inspections and maintenance, by Yellowstone, its agents, employees or contractors on Yellowstone's facilities within the franchise area. 6.6 Work shall only commence upon the issuance of applicable permits by the City, which permits shall not be unreasonably withheld or delayed. However, in the event of an emergency requiring immediate action by Yellowstone for the protection of its facilities, the City's property or other persons or property, Yellowstone may proceed without first obtaining the normally required permits. In such event Yellowstone shall: 6.6.1 Take all necessary and prudent steps to protect, support, and keep safe from harm its facilities, or any part thereof; the City's property; or other persons or property, and to protect the public health and safety; and Yellowstone Pipe Line Franchise Ordinance 23-*** Page 4 of 15 Draft 6.6.2 Obtain the required permits as soon as reasonably possible, and comply with any mitigation requirements or other conditions in the after -the -fact permit. 6.7 Unless such condition or regulation is in conflict with a federal requirement, the City may condition the granting of any permit or other approval that is required under this franchise, in any manner reasonably necessary for the safe use and management of the public rights -of -way or the City's property including, by way of example and not limitation, bonding, maintaining proper distance from other utilities, protecting the continuity of pedestrian and vehicular traffic and protecting any improvements to the rights -of -way, private facilities, and public safety. 6.8 Whenever necessary, after constructing or maintaining any of Yellowstone's facilities within the Franchise Area, Yellowstone shall, without delay, and at Yellowstone's sole expense, remove all debris and restore the surface as nearly as possible to at least as good condition as it was before the work began. Yellowstone shall replace any property corner monuments, survey reference, or hubs that were disturbed or destroyed during Yellowstone's work in the areas covered by this franchise. Such restoration shall be done in a manner consistent with applicable codes and laws, under the supervision of the City and to the City's satisfaction and specifications. The restoration shall be done under a bond in an amount appropriate to guarantee adequate restoration. 6.9 Yellowstone shall continuously be a member of the State of Washington utility locator service under RCW 19.122, and shall comply with all such applicable rules and regulations. Yellowstone shall provide reasonable notice to the City prior to commencing any maintenance or construction under this franchise and additionally to those owners or other persons in control of property in the franchise area when the maintenance or construction will affect access or otherwise impact the property. 6.10 Yellowstone shall comply with line marking requirements specified in 49 C.F.R. §195 and WAC 480- 93-124. 6.11 Upon acceptance of this franchise by Yellowstone, Yellowstone shall file and thereafter maintain at all times with the City a survey depicting the location of the pipeline corridor within the franchise area as well as the approximate location of Yellowstone's facilities within the pipeline corridor along with all other known utilities, landmarks, and physical features. When the City or third parties are engaged in work in the pipeline corridor, or within 50 feet of the pipeline corridor, Yellowstone shall promptly respond to requests to locate the precise position of its facilities. If the project is a City project, Yellowstone shall bear any costs associated with locating its facilities. 6.12 Yellowstone shall provide detailed as -built design drawings showing the size, depth, and location of all pipes, valves, gauges, other service appurtenances and facilities within the franchise area, pursuant to RCW 81.88.080. It is understood that the location of the facilities shall be verified by pot -holing or other type of excavation if exact alignment is required by the City. City agrees that it shall comply with all state and federal laws prohibiting disclosure of Yellowstone's drawings, maps, etc. to any third party. 6.13 Within 30 days of completing any maintenance or construction, or any other substantial activity within the franchise area, Yellowstone shall provide updated and corrected as -built drawings and a survey showing the location, depth and other characteristics of the facilities within the franchise area. 6.14 Nothing in this franchise shall be deemed to impose any duty or obligation upon City to determine the adequacy or sufficiency of Yellowstone's plans and designs or to ascertain whether Yellowstone's proposed or actual construction, testing, maintenance, repairs, replacement, or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the City. Yellowstone Pipe Line Franchise Ordinance 23-*** Page 5 of 15 Draft 6.15 Yellowstone shall be solely responsible for workplace safety and safe working practices on its job sites within the franchise area, including safety of all persons and property during the performance of any work. Section 7. Operations, Maintenance, Inspection, Testing. Yellowstone shall operate, maintain, inspect, and test its facilities in the franchise area in full compliance with all federal, state and local laws, regulations and standards, as now enacted or hereafter amended, and any other future laws or regulations that are applicable to Yellowstone's facilities, products, and business operations. Section 8. Encroachment Management. 8.1 Yellowstone shall comply with encroachment requirements specified in 49 C.F.R. § 195. 8.2 Upon notification to Yellowstone of planned construction involving excavation or any activity by the City or a third party that could abnormally load the pipeline within 50 feet of Yellowstone's pipeline corridor, Yellowstone shall flag the precise location of its facilities before the construction or activity commences, provide a representative to inspect the construction when it commences, and periodically inspect thereafter to ensure that Yellowstone's facilities are not damaged by the construction or activity. 8.3 Upon the City's reasonable request in connection with the design of any City public work project, Yellowstone shall verify the exact location of its underground facilities within the pipeline corridor by pot- holing at no expense to the City. In the event Yellowstone performs said pot -holing, the City shall not require any restoration of the disturbed area in excess of restoration to the same condition as existed immediately prior to the excavation. Section 9. Leaks, Spills, Ruptures and Emergency Response. 9.1 Yellowstone shall establish and maintain during the term of this franchise a system for remotely monitoring pressures and flows across the franchise area. The remote monitoring shall be able to accurately detect pipeline ruptures. 9.2 During the term of this franchise, Yellowstone shall have a written emergency response plan and procedure for locating leaks, spills, and ruptures and shall provide for shutting down valves as rapidly as possible. 9.3 Upon acceptance of the franchise Agreement, Yellowstone shall provide the City online access to its emergency response plan that is updated as needed for any amendments. 9.4 Yellowstone's emergency plans and procedures shall designate Yellowstone's responsible local emergency response officials and a direct 24-hour emergency contact number for control center operator. Yellowstone shall, after being notified of an emergency, cooperate with the City and make every effort to respond as soon as possible to protect the public's health, safety, and welfare. 9.5 Yellowstone shall be solely responsible for all necessary costs incurred by City, county, special district, or state agencies in responding to any rupture, spill, or leak from Yellowstone's facilities, including, but not limited to, detection and removal of any contaminants from air, earth, or water, and all actual remediation costs. This section shall not limit Yellowstone's rights or causes of action against any third party or parties who may be responsible for a leak, spill, or other release of hazardous liquid from Yellowstone's pipeline, including such third parry's insurers. This provision shall not be applicable with respect to any ruptures, spills, or leaks caused by the City's negligence. 9.6 In addition to the notification requirements in the emergency response plan, Yellowstone shall notify City of any uncontained leak, spill or rupture, outside of a vault or pump station, of petroleum product from Yellowstone Pipe Line Franchise Ordinance 23-*** Page 6 of 15 Draft Yellowstone's facilities within or affecting the franchise area totaling one barrel or more, within one business day of its observation or detection. 9.7 If requested by the City in writing, Yellowstone shall follow up this notice within 30 days with a written summary of the event, including, but not limited to, the leak, spill, or rupture's date, time, amount, location, response, remediation, and other agencies Yellowstone has notified. 9.8 In the event of an uncontained leak, spill or rupture from Yellowstone's facilities affecting the franchise area of five barrels or more, where the cause is not reasonably apparent to Yellowstone, and where federal or state regulators do not investigate, the City may demand that the occurrence be investigated by an independent pipeline consultant selected by the City, subject to approval by YPL, which approval shall not be unreasonably denied. Yellowstone shall be solely responsible for paying all of the consultant's costs and expenses incurred in investigating the occurrence and reporting the findings. Yellowstone shall meet and confer with the independent consultant following the consultant's investigation to address whether any modifications or additions to Yellowstone's facilities may be warranted. In cases where federal or state regulators do perform an investigation, Yellowstone shall share, if allowable under applicable law, the results of that investigation with the City within 60 days of Yellowstone receiving it. 9.9 If the independent pipeline consultant selected by the City as referenced in Section 9.8, above, recommends that Yellowstone make modifications or additions to Yellowstone's facilities, Yellowstone shall consider said recommendations in good faith. If Yellowstone declines to follow the consultant's recommendations, Yellowstone shall provide a written report to the City explaining its reasoning for not following said recommendations. The parties agree to comply with the dispute resolution provisions contained herein to resolve any dispute over whether to follow the consultant's recommendations. Section 10. Relocation. 10.1 In the event the City undertakes or approves the construction of or changes to the grade or location of any water, sewer, or storm drainage line, street, sidewalk, or other City improvement project or any governmental agency or any person or entity acting in a governmental capacity, or on the behalf of, under the authority of, or at the request of the City or any other governmental agency, undertakes any improvement project and the City determines that the project might reasonably require the relocation of Yellowstone's facilities, City shall provide Yellowstone at least 180 calendar days' prior written notice or such additional time as may reasonably be required, of such project requiring relocation of Yellowstone's facilities. 10.2 City shall provide Yellowstone with copies of pertinent portions of the plans and specifications for the improvement project. Upon request, Yellowstone shall, at Yellowstone's sole cost and expense, determine and identify for the City, the exact location of its facilities potentially affected by the improvement project. 10.3 Yellowstone may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to the relocation within 90 calendar days or other timeframe as otherwise mutually agreed, which agreement will not be unreasonably withheld. The City shall evaluate the alternatives and advise Yellowstone in writing if one or more of the alternatives are suitable to accommodate the work that would otherwise necessitate relocation of the facilities. If requested by the City, Yellowstone shall submit additional information to assist the City in making the evaluation. The City shall give each alternative proposed by Yellowstone full and fair consideration but retains full discretion to decide whether to utilize its original plan or an alternative proposed by Yellowstone. In the event the City ultimately determines that there is no other reasonable alternative, Yellowstone shall relocate its facilities as proposed by the City. Yellowstone Pipe Line Franchise Ordinance 23-*** Page 7 of 15 Draft 10.4 If any improvement project under Section 10.1 is required in the interest of public health, safety, welfare, necessity, as adjudged in the sole discretion of the City, Yellowstone shall make such changes as required herein at Yellowstone's sole cost, expense, and risk. 10.5 City shall work cooperatively with Yellowstone in determining a viable and practical route within which Yellowstone may relocate its facilities in order to minimize costs, while also meeting the City's project objectives. 10.6 Subject to and provided that the City strictly complies with the timing requirements of this Section 10, Yellowstone shall complete relocation of its facilities to accommodate the improvement project at least 10 calendar days prior to commencement of the improvement project, or such other time as the parties may agree in writing. If the City or its contractor is delayed at any time in the progress of its work by neglect of Yellowstone or the neglect of those acting for or on behalf of Yellowstone, then Yellowstone shall indemnify, defend and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees to the extent arising out of or in connection with such delays, except for delays and damages caused by the City or a third party. This provision may not be waived by the parties except in writing. Section 11. Removal, Abandonment in Place. 11.1 In the event of Yellowstone's permanent cessation of use of its facilities or any portion thereof within the franchise area, Yellowstone shall, within 180 days after the cessation of use, remove its facilities or portion thereof. Alternatively, if allowed by the City, Yellowstone will be allowed to abandon in place that portion of its facilities allowable by the City. Abandonment will require, Yellowstone to secure its underground facilities within the franchise area, removing all petroleum products from the facilities, purging vapors, displacing the pipeline contents with an appropriate inert material, and sealing the ends with a suitable end closure, all in compliance with applicable laws. An exception to the removal requirement described above exists for any facilities or portion thereof installed by Horizontal Directional Drill at a depth greater than 10 feet below ground (HDD). Yellowstone will not be required to remove facilities or portions thereof installed by HDD. Instead, Yellowstone will be allowed to abandon those facilities in place pursuant to the abandonment procedures described above. However, upon notice from City as outlined in Section 10, Yellowstone will remove the portion of abandon facilities that conflicts with the City project covered by this Franchise Ordinance unless it was installed by HDD. Permanent cessation shall be the failure to use the facilities for the transportation of petroleum products for at least 365 days, unless otherwise agreed in writing. 11.2 In the event of the removal of all or a portion of the facilities, Yellowstone shall restore any portion of the franchise area its removal actions affected, to as good of a condition as it was before the work began. Yellowstone may, at its option, restore the affected area to a better condition than it was prior to the work. 11.3 Removal and restoration work shall be done at Yellowstone's sole cost and expense and to the City's reasonable satisfaction. Yellowstone shall be responsible for any environmental review required for the removal of any facilities and the payment of any costs of the environmental review. 11.4 If Yellowstone is required to remove its facilities and fails to do so and/or fails to adequately restore the franchise area as specified in Section 11.2 or other mutually agreed upon action(s), the City may, after reasonable notice to Yellowstone, remove its facilities, restore the premises and/or take other action as is reasonably necessary at Yellowstone's expense. This remedy shall not be deemed to be exclusive and shall not prevent the City from seeking a judicial order directing that the facilities be removed. Yellowstone Pipe Line Franchise Ordinance 23-*** Page 8 of 15 Draft 11.5 The parties expressly agree that Section 11 shall survive the expiration, revocation, or termination of this franchise. Section 12. Violations, Remedies, and Termination. 12.1 In addition to any rights set out elsewhere in this franchise, or other rights it may possess at law or equity, the City reserves the right to apply any of the following remedies, alone or in combination, in the event Yellowstone violates any material provision of this franchise. The remedies provided for in this franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of any other, or any rights the City may have at law or equity. 12.2 If Yellowstone fails or refuses to comply with this franchise, or any of its terms or provisions, the damages suffered by the City as a result may include, without limitation, increased costs of administration and other damages difficult to measure. Therefore, the City and Yellowstone agree that liquidated damages up to $1,000 per day, per incident or other measure of violation, may be assessed from the first day of the violation or incident, so long as Yellowstone remains non -compliant. These damages represent both parties' best estimate of the damages resulting from the compliance issue. The imposition of liquidated damages will invoke the dispute resolution provisions as provided in this franchise. The imposition of liquidated damages relates only to administrative costs relating to failure to comply with terms of this franchise, and do not relate in any way to determination or assessment of damages relating to a spill, contamination, fire, explosion, or other incident relating to the transport of petroleum products through the facilities. 12.3 City may also terminate this franchise if Yellowstone materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this franchise, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within 30 calendar days of City providing Yellowstone written notice thereof, or, if not reasonably capable of being cured within thirty 30 calendar days, within such other reasonable period of time as the parties may agree upon. 12.4 This franchise shall not be terminated by City except upon a majority vote of the full membership of the City Council, after reasonable notice to Yellowstone and an opportunity to be heard, provided that if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 12.5 In the event of termination under this franchise, Yellowstone shall immediately discontinue operation of the pipeline through the franchise area, unless safety and environmental considerations dictate a more scheduled, orderly cessation of operations. Either party may in such case invoke the dispute resolution provisions herein. Alternatively, City may elect to seek relief directly in Superior Court, in which case the dispute resolution requirements shall not be applicable in this limited situation. Once Yellowstone's rights to operate in the franchise area have terminated, Yellowstone shall comply with the franchise provision regarding removal and/or abandonment of facilities. 12.6 City's failure to exercise a particular remedy at any time shall not waive City's right to terminate, assess penalties, or assert that or any other remedy at law or equity for any future breach or default of Yellowstone. 12.7 Termination of this franchise shall not release Yellowstone from any liability or obligation with respect to any matter occurring prior to such termination, nor shall such termination release Yellowstone from any obligation to remove or secure the pipeline pursuant to this franchise and to restore the affected franchise area. Yellowstone Pipe Line Franchise Ordinance 23-*** Page 9 of 15 Draft 12.8 The parties acknowledge that the covenants set forth herein are essential to this franchise, and, but for the mutual agreements of the parties to comply with such covenants, the parties would not have entered into this franchise. The parties further acknowledge that they may not have an adequate remedy at law if the other party violates such covenant. Therefore, the parties shall have the right, in addition to any other rights they may have, to obtain in any court of competent jurisdiction injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any of the covenants contained herein should the other party fail to perform them. Section 13. Dispute Resolution. 13.1 In the event of a dispute between the City and Yellowstone arising by reason of this franchise, the dispute shall first be referred to the operational officers or representatives designated by the City and Yellowstone to have oversight over the administration of this franchise. The officers or representatives shall meet within 30 calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to attempt to achieve a resolution of the dispute. 13.2 In the event that the parties are unable to resolve the dispute under the procedure set forth in this section, then the parties agree that the matter shall be referred to mediation. The parties shall mutually agree upon a mediator to assist them in resolving their differences. If the parties are unable to agree upon a mediator, the parties shall jointly obtain a list of seven mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two business days, the other party shall have the option of selecting the mediator from those mediators remaining on the list. Any expenses incidental to mediation shall be borne equally by the parties. 13.3 If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies, provided that if the party seeking judicial redress does not substantially prevail in the judicial action, it shall pay the other party's reasonable legal fees and costs incurred in the judicial action. Section 14. Indemnification. 14.1 General Indemnification. Yellowstone shall indemnify, defend, and hold harmless the City from any and all liability, loss, damage, cost, expense, and claim of any kind, including reasonable attorneys' and experts' fees incurred by the City, arising from Yellowstone's actions except to the extent of City's negligence, in defense thereof, arising out of or related to, directly or indirectly, the installation, construction, operation, use, location, testing, repair, maintenance, removal, or abandonment of Yellowstone's facilities within the franchise area, or from the existence of Yellowstone's facilities within the franchise area, and the products contained in, transferred through, released, or escaped from said facilities, including the reasonable costs of assessing such damages and any liability for costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any environmental laws. If any action or proceeding is brought against City by reason of Yellowstone's facilities, Yellowstone shall defend the City at Yellowstone's complete expense, provided that, for uninsured actions or proceedings, defense attorneys shall be approved by City, which approval shall not be unreasonably withheld. 14.2 Environmental Indemnification. Yellowstone shall indemnify, defend, and hold harmless the City from and against any and all liability, loss, damage, expense, actions and claims, either at law or in equity, including, but not limited to, costs and reasonable attorneys' and experts' fees incurred by the City, arising from Yellowstone's negligent or intentional actions except to the extent of the City's negligence, in defense thereof, arising directly or indirectly from (a) Yellowstone's breach of any environmental laws applicable to the pipeline subject to this franchise, or (b) from any release of a hazardous substance on or from said Yellowstone Pipe Line Franchise Ordinance 23-*** Page 10 of 15 Draft pipeline, or (c) other activity related to this franchise by Yellowstone, its agents, contractors or subcontractors. This indemnity includes but is not limited to (a) liability for a governmental agency's costs of removal or remedial action for hazardous substances; (b) damages to natural resources caused by hazardous substances, including the reasonable costs of assessing such damages; (c) liability for any other person's costs of responding to hazardous substances; (d) liability for any costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any environmental laws; and (e) liability for personal injury, property damage, or economic loss arising under any statutory or common-law theory. Section 15. Insurance. The City and YPL agree that Section 15 of Spokane Valley Ordinance 21-022 relating to insurance for activities and facilities shall also apply equally and in the exact same manner to this Franchise Ordinance in lieu of YPL having to obtain the same coverage for this parcel -specific Franchise. This provision was specifically requested by YPL, and any inconsistencies, errors, or interpretations shall be construed against YPL and not the City. Section 16. Receivership and Foreclosure. 16.1 Yellowstone shall immediately notify the City in writing if Yellowstone files a voluntary petition in bankruptcy, a voluntary petition to reorganize its business, or a voluntary petition to effect a plan or other arrangement with creditors; files an answer admitting the jurisdiction of the Court and the material allegations of an involuntary petition filed pursuant to the Bankruptcy Code, as amended; or is adjudicated bankrupt, makes an assignment for the benefit of creditors, or applies for or consents to the appointment of any receiver or trustee of all or any part of its property including all or any parts of its business operations or facilities within or affecting the Franchise Area. 16.2 Upon the foreclosure or other judicial sale of all or a substantial part of Yellowstone's business operations or facilities within or affecting the Franchise Area, or upon the termination of any lease covering all or a substantial part of the facilities within or affecting the Franchise Area, or upon the occasion of additional events which effectively cause termination of Yellowstone's rights or ability to operate the facilities within or affecting the Franchise Area, Yellowstone shall notify the City of such fact, and such notification or the occurrence of such terminating events shall be treated as a notification that a change in control of Yellowstone has taken place, and the provisions of this Franchise Agreement governing the consent of the City to such change in control of Yellowstone shall apply. 16.3 The City shall have the right to cancel this franchise 120 days after the appointment of a receiver or trustee to take over and conduct the business of Yellowstone, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, or unless: (a) Within 120 days after the election or appointment, such receiver or trustee shall have fully complied with all of the provisions of this franchise Agreement and remedied any existing violations and/or defaults; and (b) Within said 120 days, such receiver or trustee shall have executed an agreement, duly approved by the court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise Agreement granted to Yellowstone except where expressly prohibited by Washington law. Section 17. Franchise Fee and Costs. In consideration for granting this franchise and for the use of the Franchise Area, there is hereby established a franchise fee of $5,000 so that the City recovers its actual, reasonable, administrative expenses directly related to preparing and approving this franchise, as well as administrative costs associated with administering this franchise through the life of the franchise. Nothing herein shall preclude the City from charging administrative fees or recovering administrative costs incurred by the City in the approval of permits or in the reasonable supervision, inspection or examination of all work by Yellowstone in the franchise area to ensure compliance with the terms of this franchise and the applicable permits, as required by the applicable provisions of the Spokane Valley Municipal Code. Yellowstone Pipe Line Franchise Ordinance 23-*** Page 11 of 15 Draft Section 18. Legal Relations. 18.1 Nothing contained in this franchise shall be construed to create an association, trust, partnership, agency relationship, or joint venture or to impose a trust, partnership, or agency duty, obligation, or liability on or with regard to any party. Each party shall be individually and severally liable for its own duties, obligations, and liabilities under this franchise. 18.2 Yellowstone accepts any privileges granted by City to the franchise area, public rights -of -way and other public property in an "as is" condition. Yellowstone agrees that the City has never made any representations, implied or express warranties or guarantees as to the suitability, security or safety of Yellowstone's location of facilities or the facilities themselves in public property or rights -of -way or possible hazards or dangers arising from other uses of the public rights -of -way or other public property by the City or the general public. Yellowstone shall remain solely and separately liable for the function, testing, maintenance, replacement, and/or repair of the pipeline or other activities permitted under this franchise. 18.3 Yellowstone waives immunity under RCW Title 51 in any cases involving the City and affirms that the City and Yellowstone have specifically negotiated this provision, to the extent it may apply. 18.4 This franchise shall not create any duty of the City or any of its officials, employees or agents and no liability shall arise from any action or failure to act by the City or any of its officials, employees or agents in the exercise of powers reserved to the City. Further, this franchise is not intended to acknowledge, create, imply, or expand any duty or liability of the City with respect to any function in the exercise of its police power or for any other purpose. Any duty that may be deemed to be created in the City shall be deemed a duty to the general public and not to any specific party, group, or entity. 18.5 This franchise shall be governed by, and construed in accordance with the laws of the state of Washington and the parties agree that in any action, except actions based on federal questions, venue shall lie exclusively in Spokane County, Washington. Section 19: Miscellaneous. 19.1 In the event that a court or agency of competent jurisdiction declares a material provision of this franchise to be invalid, illegal, or unenforceable, the parties shall negotiate in good faith and agree, to the maximum extent practicable in light of such determination, to such amendments or modifications as are appropriate actions so as to give effect to the intentions of the parties as reflected herein. If severance from this franchise of the particular provision(s) determined to be invalid, illegal, or unenforceable will fundamentally impair the value of this franchise, either party may apply to a court of competent jurisdiction to reform or reconstitute the franchise so as to recapture the original intent of said particular provision(s). All other provisions of this franchise shall remain in effect at all times during which negotiations or a judicial action remains pending. 19.2 Whenever this franchise sets forth a time for any act to be performed, such time shall be deemed to be of the essence, and any failure to perform within the allotted time may be considered a material violation of this franchise. 19.3 In the event that Yellowstone is prevented or delayed in the performance of any of its obligations under this franchise by reason(s) that are beyond the reasonable control of Yellowstone, then Yellowstone's performance shall be excused during such a force majeure occurrence. Upon removal or termination of the force majeure occurrence, Yellowstone shall promptly perform the affected obligations in an orderly and expedited manner under this franchise or procure a substitute for such obligation or performance that is Yellowstone Pipe Line Franchise Ordinance 23-*** Page 12 of 15 Draft satisfactory to the City. Yellowstone shall not be excused by mere economic hardship, nor by misfeasance or malfeasance of its directors, officers, or employees. 19.4 The Section headings in this franchise are for convenience only, and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of the Section to which they pertain. 19.5 By entering into this franchise, the parties expressly do not intend to create any obligation or liability, or promise any performance to any third party, nor have the parties created for any third party any right to enforce this franchise. 19.6 This franchise and all of the terms and provisions shall be binding upon and inure to the benefit of the respective successors and assignees of the parties. 19.7 Whenever this franchise calls for notice to or notification by any party, it (unless otherwise specifically provided) shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for performing any act is a legal holiday, the act to be performed shall be done on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the City: City Clerk 10210 East Sprague Avenue Spokane Valley, WA 99206 (509) 720-5000 To Yellowstone: Real Property Administration P.O. Box 7500 Bartlesville, OK 74005-7500 19.8 The parties each represent and warrant that they have full authority to enter into and to perform this franchise, that they are not in default or violation of any permit, license, or similar requirement necessary to carry out the terms hereof, and that no further approval, permit, license, certification, or action by a governmental authority is required to execute and perform this franchise, except such as may be routinely required and obtained in the ordinary course of business. 19.9 This franchise and the attachments hereto represent the entire understanding and agreement between the parties with respect to the subject matter and it supersedes all prior oral negotiations between the parties, with the exception of Ordinance 21-022, which continues in effect and is not affected by this Ordinance. This franchise can be amended, supplemented, modified, or changed only by an agreement in writing which makes specific reference to the franchise or the appropriate attachment and which is signed by the party against whom enforcement of any such amendment, supplement, modification or change is sought. 19.10 Yellowstone shall, within 60 days after passage of this franchise, file with the City Clerk, its unconditional written acceptance of all the terms and conditions of this franchise, as well as documentation evidencing the insurance and bond requirements pursuant to Section 15. If Yellowstone fails to so file its written acceptance and provide the insurance and bond verification within such period, then the rights and privileges granted hereunder shall be deemed forfeited. Section 20: Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Yellowstone Pipe Line Franchise Ordinance 23-*** Page 13 of 15 Draft Section 21: Effective Date This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of , 2023. ATTEST: Pam Haley, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Yellowstone Pipe Line Franchise Ordinance 23-*** Page 14 of 15 Draft UNCONDITIONAL ACCEPTANCE BY YELLOWSTONE: I, the undersigned official of Yellowstone Pipe Line Company, am authorized to bind Yellowstone Pipe Line Company and to unconditionally accept the terms and conditions of the foregoing franchise, which are hereby accepted by Yellowstone Pipe Line Company this day of , 202_ Yellowstone Pipe Line Company By: Name: Title: IN WITNESS WHEREOF, has signed this day of , 202 . Subscribed and sworn before me this day of , 202 Notary Public in and for the State of residing in My commission expires Yellowstone Pipe Line Franchise Ordinance 23-*** Page 15 of 15 To: From: Re: DRAFT ADVANCE AGENDA as of December 7, 2022; 11:00 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings Dec 20, 2022, Study Session/Hybrid, 6:00 p.m. ACTION ITEMS: 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Ordinance 22-025 Coeur d'Alene Tribe Franchise — Tony Beattie 3. First Reading Ordinance 23-001 Yellowstone Franchise Agreement — Cary Driskell 4. Motion Consideration: Sullivan/Trent Interchange — Gloria Mantz 5. Motion Consideration: Amended State Legislative Agenda - Virginia Clough 6. Motion Consideration: Federal Legislative Agenda — Virginia Clough NON -ACTION ITEMS: 7. Neighborhood Restoration — Bill Helbig, Henry Allen 8. Annexation Update — Mike Basinger 9. Graffiti Abatement Program — Erik Lamb 10. Code Enforcement 2022 Highlights — Bill Helbig et al 11. Advance Agenda — Mayor Haley 12. Info Only: Department Monthly Reports Dec 27, 2022 — meeting cancelled — Christmas holiday [due Tue Dec 13] (5 minutes) (5 minutes) (10 minutes) (10 minutes) (5 minutes) (5 minutes) (15 minutes) (10 minutes) (10 minutes) (25 minutes) (5 minutes) [*estimated meeting: 105 mins] Jan 3, 2023, Study Session, 6:00 p.m. ACTION ITEMS: 1. Second Reading Ordinance 23-001, Yellowstone Franchise Agreement — Cary Driskell 2. TPA Appointments — Mayor Haley NON -ACTION ITEMS: 3. Master Speed Limit Amendments — Jerremy Clark 4. Spokane Conservative District Drainage Easement — Bill Helbig 5. GIS lnterlocal Agreement — Erik Lamb 6. Govemance Manual Discussion — John Hohman 7. Advance Agenda — Mayor Haley [due Tue Dec 27] (5 minutes) (5 minutes) (10 minutes) (10 minutes) (10 minutes) (20 minutes) (5 minutes) [*estimated meeting: 65 mins] Jan 10, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Resolution 23- Amending Master Speed Limit Schedule — Bill Helbig 3. Motion Consideration: Spokane Conservative District Drainage Easement — Bill Helbig 4. Motion Consideration: GIS Interlocal Agreement — Erik Lamb 5. Mayoral Appointments: Councilmembers to Committees — Mayor Haley 6. Mayoral Appointments- Planning Commission — Mayor Haley 7. Mayoral Appointments: LTAC Committee — Mayor Haley 8. Admin Report: Street Vacation 22-0003, 16th Ave & University Road — Levi Basinger 9. Admin Report: Advance Agenda — Mayor Haley Jan 17, 2023, Study Session, 6:00 p.m. Proclamation: Community Risk Reduction Week ACTION ITEMS: 1. First Reading Ordinance 23- Street Vacation, 22-0003, 16' Ave & Univ. Road — Levi Basinger NON -ACTION ITEMS: 2. Advance Agenda — Mayor Haley [due Tue Jan 3] (5 minutes) (10 minutes) (10 minutes) (10 minutes) (10 minutes) (5 minutes) (5 minutes) (10 minutes) (5 minutes) [*estimated meeting: 70 mins] [due Tue Jan 10] (5 minutes) (5 minutes) [*estimated meeting: mins] Draft Advance Agenda 12/8/2022 2:09:44 PM Page 1 of 2 Jan 24, 2022, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Ordinance 23 Street Vacation, 22-0003, 16' Ave & Univ. Road — Levi Basinger 3. Admin Report: Fire Dept Monthly Report — Chief Soto 4. Admin Report: Advance Agenda — Mayor Haley 5. Info Only: Department Monthly Reports Jan 31, 2023, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley February 7, 2023, Study Session, 6:00 p.m. 1. 2022 Accomplishments Report — John Hohman 2. Advance Agenda — Mayor Haley AWC City Action Days, Olympia, Feb 15-16 February 14, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Haley February 21, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley February 28, 2023 Formal Meetin2, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Fire Dept Monthly Report — Chief Soto 3. Admin Report: Advance Agenda — Mayor Haley 4. Info Only: Department Monthly Reports March 7, 2023, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley March 14, 2023, Formal Meetin2, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Haley March 21, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley March 28, 2023 Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Fire Dept Monthly Report — Chief Soto 3. Admin Report: Advance Agenda — Mayor Haley 4. Info Only: Department Monthly Reports April 4, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley April 11, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Haley *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Airport Expansion Update Appleway Trail Amenities Basement space CDBG Interlocal Chronic Nuisance Consolidated Homeless Grant Continuum of Care (info item) Core Beliefs Resolution Homelessness Update Mirabeau Park Forestry Mgmt. Outside Agency Grant Process Park Lighting Pavement Mgmt. Funding PFD Presentation Prosecutor Services Residency [due Tue Jan 17] (5 minutes) (5 minutes) (10 minutes) (5 minutes) [*estimated meeting: 25 mins] [due Tue Jan 24] (5 minutes) [due Tue Jan 31] (15 minutes) (5 minutes) [due Tue Feb 7] (5 minutes) (5 minutes) [due Tue Feb 14] (5 minutes) [due Tue Feb 21] (5 minutes) (10 minutes) (5 minutes) [due Tue Feb 28] (5 minutes) [due Tue March 7] (5 minutes) (5 minutes) [due Tue March 14] (5 minutes) [due Tue March 21] (5 minutes) (10 minutes) (5 minutes) [due Tue March 28] (5 minutes) [due Tue April 4] (5 minutes) (5 minutes) SCRAPS Update St. Illumination (owners, cost, location) St. O&M Pavement Preservation Street Scaping, signs, trees, etc.- info item TBD Formation Vehicle Wgt Infrastructure Impact Water Districts & Green Space Way Finding Sign Draft Advance Agenda 12/8/2022 2:09:44 PM Page 2 of 2 Spokane Hey Memorandum FINANCE DEPARTMENT Chelsie Taylor, Finance Director 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org To: John Hohman, City Manager From: Chelsie Taylor, Finance Director Date: December 7, 2022 Re: Finance Department Activity Report — October 2022 Following is information pertaining to Finance Department activities through the end of October 2022 and included herein is an updated 2022 Budget to Actual Comparison of Revenues and Expenditures through the end of October. 2021 Year-end Process The 2021 books were closed in April and the annual financial report was completed and filed in May. The State Auditor's Office was on site in July and are currently working on completing the audit of 2021. 2022 Budget Amendment #2 As we have progressed through 2022 the need for a number of budget amendments has arisen. Council review will take place at the following meetings: • October 11 Admin Report • October 25 Public Hearing • October 25 First reading on proposed ordinance amending the 2022 Budget • November 8 Second reading on proposed ordinance amending the 2022 Budget 2023 Budget Development The 2023 Budget development process began in the Finance Department in early March, and on April 5th we sent detailed budget requests to all departments to complete by mid -May. By the time the budget is scheduled to be adopted on November 8th, the Council will have had an opportunity to discuss the budget on seven occasions including three public hearings. • June 14 Council budget workshop • August 24 Admin report on 2023 revenues and expenditures • September 13 Public hearing #1 on the 2023 revenues and expenditures • October 4 City Manager's presentation of preliminary 2023 Budget • October 11 • October 25 • November 8 • November 8 Public hearing #2 on 2023 Budget First reading on proposed ordinance adopting the 2023 Budget Public hearing #3 on the 2023 Budget Second reading on proposed ordinance adopting the 2023 Budget P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 10 31.docx Page 1 2023 Property Tax Levy A significant part of the budget development process includes the annual levy of property taxes which in 2023 are expected to account for approximately 24.09% of recurring General Fund revenues. Council discussions specifically related to this topic will take place at the following meetings: • September 13 Public hearing on 2023 revenues including property taxes • September 20 Admin Report on proposed ordinance levying 2023 property taxes • October 11 First reading of ordinance levying 2023 property taxes and confirming tax levy • October 25 Second reading of ordinance levying 2023 property taxes and confirming tax levy Outside Agency Funding in the 2023 Budget The City has historically provided funding for local organizations involved in either social services or economic development activities and the preliminary 2023 Budget currently has $244,000 collectively available for this, with $62,000 being set aside for contracted economic development. The schedule leading to awarding funds is as follows: • July 15 Letters mailed to agencies that have historically received funding, media release to City website and notice to newspapers • August 12 Agency requests are due at City Hall • September 20 Economic development and social service agency presentations to Council • October 25 Council makes final determination of awards Lodging Tax The schedule leading • August 26 • September 30 • October 12 • November 8 • December 13 to awarding funds is as follows: Letters mailed to agencies that have historically received funding, media release to City website and notice to newspapers Grant applications due at City Hall Grant applicant presentations to lodging tax advisory committee Admin report to Council on results of lodging tax advisory committee meeting City Council motion consideration: Award lodging tax for 2023 Budget to Actual Comparison Report A report reflecting 2022 Budget to Actual Revenues and Expenditures for those funds for which a 2022 Budget was adopted is located on pages 6 through 19. Because we attempt to provide this information in a timely manner, this report is prepared from records that are not formally closed by the Finance Department at month end or reconciled to bank records. Although it is realistic to expect the figures will change over subsequent weeks, I believe the report is materially accurate. 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 2021 Annual Financial Report. P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 10 31.docx Page 2 • Columns of information include: o The 2022 Budget as amended o October 2022 activity o Cumulative 2022 activity through October 2022 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 6): Recurring revenues collections are currently at 82.34% of the amount budgeted with 83.33% 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 thus far in 2022 are $7,816,683 or 59.22% of the amount budgeted. • Sales tax collections represent only nine months of collections thus far because taxes collected in October are not remitted to the City by the State until the latter part of November. Collections are currently at $23,932,699 or 86.34% of the amount budgeted. • Gambling taxes are at $417,530 or 114.39% of the amount budgeted. Gambling taxes are paid quarterly with third quarter payments due by October 31s1 • Franchise Fee and Business Registration revenues are typically received in the month following a calendar year quarter. So far in 2022 we have received $788,766 or 64.92% 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. Through October we've received remittances totaling $1,914,873 or 95.96% of 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. Through October we've received remittances through the month of September with receipts of $329,963 or 62.53% of the amount budgeted. • 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 $3,532,480 or 134.00% of the amount budgeted. • Recreation program revenues are composed of revenues generated by the variety of parks and recreation programs including classes, swimming pools (in -season), and CenterPlace. Currently, revenues total $533,397 or 84.75% of the amount budgeted. Recurring expenditures are currently at $35,380,848 or 72.05% of the amount budgeted with 83.33% of the year elapsed. Investments (page 20) Investments at October 31 total $98,387,597 and are composed of $93,272,523 in the Washington State Local Government Investment Pool and $5,115,074 in bank CDs. Total Sales Tax Receipts (page 21) Total sales tax receipts reflect State remittances through October and total $27,056,021 including general, criminal justice, and public safety taxes. This figure is $437,625 or 1.64% greater than the same nine -month period in 2022. P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 10 31.docx Page 3 Economic Indicators (pages 22 — 24) 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 22) provide a sense of how much individuals and businesses are spending on the purchase of goods. 2. Hotel / Motel taxes (page 23) provide us with a sense of overnight stays and visits to our area by tourists or business travelers. 3. Real Estate Excise taxes (page 24) provide us with a sense of real estate sales. Page 22 provides a 10-year history of general sales tax receipts (not including public safety or criminal justice) with monthly detail beginning January 2013. • Compared with calendar year 2021, 2022 collections have increased by $163,212 or 0.69%. • Tax receipts reached an all-time high in 2021 of $31,499,534, besting the previous record year of 2020 when $25,238,481 was collected. Page 23 provides a 10-year history of hotel/motel tax receipts with monthly detail beginning January 2013. • Compared with calendar year 2021, 2022 collections have increased by $149,564 or 27.32%. • Collections reached an all-time high in 2021 of $744,437, besting the previous record of $743,851 in 2019. Page 24 provides a 10-year history of real estate excise tax receipts with monthly detail beginning January 2013. • Compared with calendar year 2021, 2022 collections have increased by $462,597 or 11.91 %. • Collections reached an all-time high in 2021 of $6,218,227. Debt Capacity and Bonds Outstandinq (page 25) 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. • The maximum amount of G.O. bonds the City may issue is determined by the assessed value for property taxes which for 2022 is $12,919,694,944. Following the December 1, 2021 debt service payments, the City has $10,485,000 of nonvoted G.O. bonds outstanding which represents 5.41 % of our nonvoted bond capacity, and 1.08% of our total debt capacity for all types of bonds. Of this amount: o $3,780,000 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 $305,000 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 $6,400,000 remains on bonds issued for construction of the new City Hall. The bonds are repaid with General Fund revenues. P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 10 31.docx Page 4 Street Fund Revenue Sources (pages 26 and 27) The last two charts reflect a history for the two primary sources of revenue in Street Fund #101. These include: Page 26 provides a 10-year history of Motor Vehicle Fuel Tax collections with monthly detail beginning January 2013. • Compared with calendar year 2021, 2022 collections have increased by $102,789 or 7.28%. • Tax receipts peaked in 2007 at just approximately $2.1 million and have generally ranged around $2 million in the years 2013 through 2021. Page 27 provides a 10-year history of Telephone Utility Tax collections with monthly detail beginning January 2013. • Compared with 2021, 2022 collections have decreased by $28,048 or 3.60%. 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 as well as a reallocation of revenues from voice plans to data plans by cell phone companies. • The 2022 Budget was adopted with a revenue estimate of $932,000. We will watch actual receipts closely as the year progresses. P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 10 31.docx Page 5 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 #001 - GENERAL FUND RECURRING ACTIVITY Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget Revenues Property Tax 13,199,900 271,451 7,816,683 (5,383,217) 59.22% Sales Tax 27,720,000 2,908,322 23,932,699 (3,787,301) 86.34% Sales Tax - Public Safety 1,276,000 136,238 1,133,214 (142,786) 88.81% Sales Tax - Criminal Justice 2,244,000 239,689 1,990,108 (253,892) 88.69% Gambling Tax and Leasehold Excise Tax 365,000 120,293 417,530 52,530 114.39% Franchise Fees/Business Registration 1,215,000 17,734 788,766 (426,234) 64.92% State Shared Revenues 1,995,500 383,418 1,914,873 (80,627) 95.96% Fines, Forfeitures and Penalties 527,700 30,505 329,963 (197,737) 62.53% Community and Public Works 2,636,200 216,070 3,532,480 896,280 134.00% Recreation Program Revenues 629,400 20,190 533,397 (96,003) 84.75% Grant Proceeds 100,000 0 4,478 (95,522) 4.48% Miscellaneous Department Revenue 22,500 0 20,122 (2,378) 89.43% Miscellaneous & Investment Interest 288,500 138,836 610,485 321,985 211.61 % Transfers in - #105 (h/m tax-CP advertising) 30,000 0 0 (30,000) 0.00% Total Recurring Revenues 52,249,700 4,482,744 43,024,797 (9,224,903) 82.34% Expenditures City Council 681,512 39,782 485,000 196,512 71.17% City Manager 921,126 69,430 681,614 239,512 74.00% City Attorney 735,989 94,589 682,300 53,689 92.71 % Public Safety 29,804,434 2,278,272 22,000,248 7,804,186 73.82% Deputy City Manager 544,422 43,564 426,715 117,708 78.38% Finance 1,246,980 103,487 1,058,418 188,562 84.88% Human Resources 335,365 26,741 270,409 64,956 80.63% Information Technology 403,123 32,564 280,881 122,242 69.68% City Facilities Operations and Maintenance 400,020 59,840 376,637 23,383 94.15% Community & Public Works - Administration 302,228 24,493 211,764 90,464 70.07% Community & Public Works - Engineering 2,344,186 133,521 1,493,848 850,338 63.73% Community & Public Works - Econ Development 1,461,862 77,808 982,262 479,600 67.19% Community & Public Works - Building 2,186,762 135,385 1,661,584 525,178 75.98% Community & Public Works - Planning 839,730 67,693 490,510 349,220 58.41 % Parks & Rec - Administration 351,018 37,094 279,033 71,985 79.49% Parks & Rec - Maintenance 950,455 102,585 726,053 224,402 76.39% Parks & Rec - Recreation 330,687 17,817 227,870 102,817 68.91 % Parks & Rec - Aquatics 538,700 95,548 332,201 206,499 61.67% Parks & Rec - Senior Center 36,801 516 5,447 31,354 14.80% Parks & Rec - CenterPlace 970,375 69,431 676,220 294,155 69.69% General Government 1,703,713 65,519 689,702 1,014,011 40.48% Transfers out - #204 ('16 LTGO bond debt service) 401,400 0 267,600 133,800 66.67% Transfers out - #309 (park capital projects) 160,000 0 106,667 53,333 66.67% Transfers out - #311 (pavement preservation) 1,001,800 0 667,867 333,933 66.67% Transfers out - #502 (insurance premium) 450,000 0 300,000 150,000 66.67% Total Recurring Expenditures 49,102,688 3,575,678 35,380,848 13,721,840 72.05% Recurring Revenues Over (Under) Recurring Expenditures 3,147,012 907,066 7,643,949 4,496,937 Page 6 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 #001 - GENERAL FUND - continued NONRECURRING ACTIVITY Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget Revenues Transfers in -#312 2,100,000 0 0 (2,100,000) 0.00% Coronavirus Local Fiscal Recovery Funds 0 0 5,614,769 5,614,769 0.00% Total Nonrecurring Revenues 2,100,000 0 5,614,769 3,514,769 267.37% Expenditures City Manager (office furniture) 5,000 0 4,723 277 94.47% Public Safety (radar trailer) 24,000 0 31,678 (7,678) 131.99% Public Safety (replace HVAC units at Precinct) 0 0 2,341 (2,341) 0.00% Public Safety (police vehicles) 1,455,000 0 0 1,455,000 0.00% Public Safety (replace carpet at Precinct) 25,000 0 0 25,000 0.00% Public Safety (repaint Precinct exterior) 50,000 34,965 34,965 15,035 69.93% Public Safety (tree & debris removal from back lot) 8,000 0 0 8,000 0.00% City Hall Repairs 700,000 31,273 385,469 314,531 55.07% Parks & Rec (repaint portico at CenterPlace) 12,000 0 0 12,000 0.00% Parks & Rec (replace carpet at CenterPlace) 26,700 0 0 26,700 0.00% Parks & Rec (repair plumbing systems at pools) 30,000 0 0 30,000 0.00% Parks & Rec (statue installation costs) 0 0 16,858 (16,858) 0.00% Parks & Rec (main entry door controller) 0 0 8,168 (8,168) 0.00% Financial Software Capital Costs 1,000,000 0 0 1,000,000 0.00% General Government - IT capital replacements 136,000 0 87,273 48,727 64.17% General Government (Covid-19 Related Costs) 0 4,084 28,404 (28,404) 0.00% Transfers out - #101 (Street Fund operations) 2,820,419 0 1,880,279 940,140 66.67% Transfers out - #122 (replenish reserve) 89,805 0 0 89,805 0.00% Transfers out - #312 ('20 fund bal >50%) 3,593,000 0 0 3,593,000 0.00% Transfers out - #501 (vehicle for Code Enf. Supervi: 40,000 0 0 40,000 0.00% Total Nonrecurring Expenditures 10,014,924 70,322 2,480,159 7,534,765 24.76% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (7,914,924) (70,322) 3,134,611 11,049,535 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (4,767,912) 836,744 10,778,560 15,546,472 Beginning fund balance 44,206,845 44,206,845 Ending fund balance 39,438,933 54,985,404 Page 7 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 SPECIAL REVENUE FUNDS #101 - STREET FUND RECURRING ACTIVITY Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget Revenues Telephone Utility Tax 932,000 88,552 751,494 (180,506) 80.63% Motor Vehicle Fuel (Gas) Tax 1,896,000 172,416 1,508,765 (387,235) 79.58% Multimodal Transportation 130,200 0 103,236 (26,964) 79.29% Right -of -Way Maintenance Fee 85,000 0 9,888 (75,112) 11.63% Investment Interest 500 1,252 4,401 3,901 880.15% Miscellaneous Revenue 10,000 0 79 (9,921) 0.79% Total Recurring Revenues 3,053,700 262,220 2,377,863 (675,837) 77.87% Expenditures Wages / Benefits / Payroll Taxes 1,128,523 101,634 1,018,163 110,360 90.22% Supplies 176,700 5,158 148,243 28,457 83.90% Services & Charges 2,698,644 76,636 2,298,751 399,893 85.18% Snow Operations 890,502 31,514 782,684 107,818 87.89% Intergovernmental Payments 909,000 180,005 632,278 276,722 69.56% Vehicle Rentals - #501 (non -plow vehicle rental) 10,250 0 6,833 3,417 66.67% Vehicle Rentals-#501 (plow replace) 60,500 0 40,333 20,167 66.67% Total Recurring Expenditures 5,874,119 394,946 4,927,286 946,833 83.88% Recurring Revenues Over (Under) Recurring Expenditures (2,820,419) (132,726) (2,549,423) 270,996 NONRECURRING ACTIVITY Revenues Insurance Proceeds (traffic signal cabinet) 0 2,716 86,638 86,638 0.00% Transfers in - #001 2,820,419 0 1,880,279 (940,140) 66.67% Transfers in - #122 0 0 0 0 0.00% Total Nonrecurring Revenues 2,820,419 2,716 1,966,917 (853,502) 69.74% Expenditures Generator for Maintenance Shop 50,000 0 13,144 36,856 26.29% Streetlight Replacement Program 35,500 0 35,409 91 99.74% Light Pole Repair 0 0 2,369 (2,369) 0.00% Transfers out - #501 80,000 0 0 80,000 0.00% Total Nonrecurring Expenditures 165,500 0 50,922 114,578 30.77% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures 2,654,919 2,716 1,915,996 (738,923) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (165,500) (130,010) (633,427) (467,927) Beginning fund balance 1,156,301 1,156,301 Ending fund balance 990,801 522,874 #103 - PATHS & TRAILS Revenues Motor Vehicle Fuel (Gas) Tax Investment Interest 8,000 727 6,364 (1,636) 79.54% 100 74 277 177 277.34% Total revenues 8,100 801 6,641 (1,459) 81.99% Expenditures Capital Outlay 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 8,100 801 6,641 (1,459) Beginning fund balance 29,558 29,558 Ending fund balance 37,658 36,199 Page 8 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 SPECIAL REVENUE FUNDS - continued Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget #104 - TOURISM FACILITIES HOTEL/MOTEL TAX FUND Revenues Tourism Facilities Hotel/Motel Tax 400,000 68,902 455,665 55,665 113.92% Investment Interest 2,500 10,599 40,009 37,509 1600.34% Transfers in - #105 273,000 0 0 (273,000) 0.00% Total revenues Expenditures Capital Outlay Total expenditures 675,500 79,501 495,674 (179,826) 73.38% 0 0 0 0 0.00% 0 0 0 0 0.00% Revenues over (under) expenditures 675,500 79,501 495,674 (179,826) Beginning fund balance 4,672,194 4,672,194 Ending fund balance 5,347,694 5,167,868 #105 - HOTEL/MOTEL TAX FUND Revenues Hotel/Motel Tax Investment Interest 600,000 106,013 697,046 97,046 116.17% 1,000 1,559 5,153 4,153 515.31% Total revenues 601,000 107,572 702,200 101,200 116.84% Expenditures Transfers out - #001 30,000 0 0 30,000 0.00% Transfers out - #104 273,000 0 0 273,000 0.00% Tourism Promotion 298,000 0 107,280 190,720 36.00% Total expenditures 601,000 0 107,280 493,720 17.85% Revenues over (under) expenditures 0 107,572 594,919 (392,520) Beginning fund balance 165,000 165,000 Ending fund balance 165,000 759,919 #106 - SOLID WASTE Revenues Solid Waste Administrative Fees Solid Waste Road Wear Fee Investment Interest 225,000 41,829 214,838 1,600,000 139,787 1,460,959 7,000 5,736 18,369 10,162 139,041 (11,369) 95.48% 91.31% 262.41% Total revenues 1,832,000 187,352 1,694,165 137,835 92.48% Expenditures Transfers out - #311 1,600,000 0 0 1,600,000 0.00% Education & Contract Administration 232,000 2,941 38,541 193,459 16.61 % Total expenditures 1,832,000 2,941 38,541 1,793,459 2.10% Revenues over (under) expenditures 0 184,412 1,655,624 (1,655,624) Beginning fund balance 1,140,119 1,140,119 Ending fund balance 1,140,119 2,795,743 #107 - PEG FUND Revenues Comcast PEG Contribution Investment Interest 79,000 0 33,286 45,714 42.13% 0 412 1,527 (1,527) 0.00% Total revenues 79,000 412 34,813 44,187 44.07% Expenditures PEG Reimbursement - CMTV 39,500 0 0 39,500 0.00% Capital Outlay 33,500 0 0 33,500 0.00% Total expenditures 73,000 0 0 73,000 0.00% Revenues over (under) expenditures 6,000 412 34,813 (28,813) Beginning fund balance 165,895 165,895 Ending fund balance 171,895 200,709 Page 9 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 SPECIAL REVENUE FUNDS - continued Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget #108 - AFFORDABLE & SUPPORTIVE HOUSING TAX FUND Revenues Affordable & Supportive Housing Tax 193,000 25,180 129,670 63,330 67.19% Investment Interest 0 1,027 3,648 (3,648) 0.00% Total revenues 193,000 26,206 133,319 59,681 69.08% Expenditures Affordable & Supportive Housing Program 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 193,000 26,206 133,319 59,681 Beginning fund balance 367,327 367,327 Ending fund balance 560,327 500,645 #120 - CENTER PLACE OPERATING RESERVE FUND Revenues Investment Interest Transfers in 0 0 0 0 0 0.00% 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations Total expenditures 0 0 0 0 0.00% 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 Transfers in 0 0 0 0 0 0.00% 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations Total expenditures 0 0 0 0 0.00% 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 Transfers in - #001 800 899 3,528 2,728 441.03% 89,805 0 0 (89,805) 0.00% Subtotal revenues 90,605 899 3,528 (87,077) 3.89% Expenditures Snow removal expenses 500,000 0 0 500,000 0.00% Transfers out - #101 0 0 0 0 0.00% Total expenditures 500,000 0 0 500,000 0.00% Revenues over (under) expenditures (409,395) 899 3,528 (587,077) Beginning fund balance 434,887 434,887 Ending fund balance 25,492 438,416 Page 10 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 DEBT SERVICE FUNDS #204 - DEBT SERVICE FUND Revenues Spokane Public Facilities District Transfers in - #001 Transfers in - #301 Transfers in - #302 Total revenues Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget 501,200 0 75,600 (425,600) 15.08% 401,400 0 267,600 (133,800) 66.67% 81,100 0 54,067 (27,033) 66.67% 81,100 0 54,067 (27,033) 66.67% 1,064,800 0 451,333 (613,467) 42.39% Expenditures Debt Service Payments - CenterPlace 501,200 0 75,600 425,600 15.08% Debt Service Payments - Roads 162,200 0 6,100 156,100 3.76% Debt Service Payments -'16 LTGO Bond 401,400 0 113,200 288,200 28.20% Total expenditures 1,064,800 0 194,900 869,900 18.30% Revenues over (under) expenditures 0 0 256,433 (1,483,367) Beginning fund balance 0 0 Ending fund balance 0 256,433 Page 11 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 CAPITAL PROJECTS FUNDS #301 - CAPITAL PROJECTS FUND Revenues REET 1 - Taxes Investment Interest Total revenues Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget 1,500,000 109,351 2,173,083 673,083 144.87% 2,000 12,527 44,879 42,879 2243.95% 1,502,000 121,877 2,217,962 715,962 147.67% Expenditures Transfers out - #204 81,100 0 54,067 27,033 66.67% Transfers out - #303 361,780 0 14,884 346,896 4.11% Transfers out - #311 (pavement preservation) 914,900 0 0 914,900 0.00% Total expenditures 1,357,780 0 68,951 1,288,829 5.08% Revenues over (under) expenditures 144,220 121,877 2,149,011 (572,867) Beginning fund balance 3,958,748 3,958,748 Ending fund balance 4,102,968 6,107,758 #302 - SPECIAL CAPITAL PROJECTS FUND Revenues REET 2 - Taxes Investment Interest 1,500,000 109,351 2,173,083 673,083 144.87% 5,000 15,048 54,955 49,955 1099.10% Total revenues 1,505,000 124,398 2,228,038 723,038 148.04% Expenditures Transfers out - #204 81,100 0 54,067 27,033 66.67% Transfers out - #303 1,113,649 0 68,005 1,045,644 6.11% Transfers out - #311 (pavement preservation) 914,900 0 0 914,900 0.00% Total expenditures 2,109,649 0 122,071 1,987,578 5.79% Revenues over (under) expenditures (604,649) 124,398 2,105,966 (1,264,540) Beginning fund balance 5,230,856 5,230,856 Ending fund balance 4,626,207 7,336,822 Page 12 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 CAPITAL PROJECTS FUNDS -continued Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget #303 STREET CAPITAL PROJECTS FUND Revenues Developer Contribution 1,164,399 0 0 (1,164,399) 0.00% Traffic Mitigation Fees 0 0 327,508 327,508 0.00% Investment Interest 0 0 5,391 5,391 0.00% Coronavirus Local Fiscal Recovery Funds 750,000 0 602,173 (147,827) 80.29% Grant Proceeds 6,956,322 4,645 1,327,922 (5,628,400) 19.09% Transfers in - #301 361,780 0 14,884 (346,896) 4.11 % Transfers in - #302 1,113,649 0 68,005 (1,045,644) 6.11% Transfers in - #312 225,000 0 1,061 (223,939) 0.47% Transfers in - #315 150,000 0 0 (150,000) 0.00% Total revenues 10,721,150 4,645 2,346,945 (8,374,205) 21.89% Expenditures 205 Sprague/Barker Intersection Improvement 1,871,500 14,134 2,128,010 (256,510) 113.71% 249 Sullivan & Wellesley Intersection 1,903,176 5,719 57,610 1,845,566 3.03% 275 Barker Rd Widening - River to Euclid 0 0 8,915 (8,915) 0.00% 293 2018 CSS Citywide Reflective Signal BP 8,250 0 382 7,868 4.63% 294 Citywide Reflective Post Panels 3,575 0 2,990 585 83.64% 299 Argonne Rd Concrete Pvmt Indiana to Mont 130,017 851 8,876 121,141 6.83% 300 Pines & Mission Intersection Improvements 1,746,643 15,346 125,478 1,621,165 7.18% 310 Sullivan Rd Overcrossing UP RR Deck Rep. 0 0 820 (820) 0.00% 313 Barker Road/Union Pacific Crossing 1,444,000 816 317,074 1,126,926 21.96% 318 Wilbur Sidewalk: Boone to Mission 572,909 242,300 413,869 159,040 72.24% 320 Sullivan Preservation: Sprague-8th 412,000 8,535 67,121 344,879 16.29% 326 2020 Citywide Retroreflective Post Panel 142,880 742 6,577 136,303 4.60% 329 Barker Road Imp - City Limits to Appleway 250,000 1,475 29,189 220,811 11.68% 330 WTSC 2021 School Zone Beacons 225,000 0 0 225,000 0.00% 332 NE Industrial Area - Sewer Extension 0 4,297 37,411 (37,411) 0.00% 333 Evergreen Rd Pres Broadway to Mission 0 0 159,293 (159,293) 0.00% 334 Sprague Avenue Preservation 0 0 309,494 (309,494) 0.00% 335 Mission Ave over Evergreen Rd Deck Repair 261,200 498 16,895 244,305 6.47% 340 8th Ave Sidewalk (Coleman to Park) 0 9,783 43,719 (43,719) 0.00% 342 2022 School Zone Flashing Beacons 0 7,476 75,282 (75,282) 0.00% 343 Buckeye Avenue Sewer Extension 750,000 29,979 632,152 117,848 84.29% 344 Park Rd Sidewalk - Broadway to Cataldo 0 13,583 18,471 (18,471) 0.00% 345 Park Rd Sidewalk - Nora to Baldwin 0 8,393 9,324 (9,324) 0.00% 346 Bowdish Sidewalk - 12th to 22nd 0 573 1,883 (1,883) 0.00% Contingency 1,000,000 0 0 1,000,000 0.00% Total expenditures 10,721,150 364,501 4,470,833 6,250,317 Revenues over (under) expenditures 0 (359,856) (2,123,889) (14,624,522) Beginning fund balance 1,192,615 1,192,615 Ending fund balance 1,192,615 (931,273) 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. 41.70% Page 13 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 CAPITAL PROJECTS FUNDS -continued #309 - PARKS CAPITAL PROJECTS FUND Revenues Grant Proceeds Transfers in - #001 Transfers in - #312 Total revenues Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget 126,100 0 0 (126,100) 0.00% 160,000 0 106,667 (53,333) 66.67% 4,522,420 0 0 (4,522,420) 0.00% 4,808,520 0 106,667 (4,701,853) 2.22% Expenditures 304 CenterPlace West Lawn Phase 2 0 0 276 (276) 0.00% 314 Balfour Park Frontage Improvements 0 1,729 95,055 (95,055) 0.00% 315 Brown's Park 2020 Improvements 0 0 953 (953) 0.00% 316 Balfour Park Improvements - Phase 1 3,507,520 772 93,853 3,413,667 2.68% 328 Sullivan Park Waterline 441,000 134 44,937 396,063 10.19% 338 Loop Trail Project 700,000 6,739 103,363 596,637 14.77% Replace Pond Liner at Mirabeau 80,000 0 0 80,000 0.00% Total expenditures 4,728,520 9,373 338,436 4,390,084 7.16% Revenues over (under) expenditures 80,000 (9,373) (231,770) (9,091,937) Beginning fund balance 18,255 18,255 Ending fund balance 98,255 (213,515) #310 - CIVIC FACILITIES CAPITAL PROJECTS FUND Revenues Investment Interest 1,300 1,737 6,777 5,477 521.30% Total revenues 1,300 1,737 6,777 5,477 521.30% Expenditures Payment to Library District 560,000 0 0 560,000 0.00% Total expenditures 560,000 0 0 560,000 0.00% Revenues over (under) expenditures (558,700) 1,737 6,777 (554,523) Beginning fund balance 840,056 840,056 Ending fund balance 281,356 846,833 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 14 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 CAPITAL PROJECTS FUNDS -continued Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget #311 - PAVEMENT PRESERVATION FUND Revenues Transfers in - #001 1,001,800 0 667,867 (333,933) 66.67% Transfers in - #106 1,600,000 0 0 (1,600,000) 0.00% Transfers in - #301 914,900 0 0 (914,900) 0.00% Transfers in - #302 914,900 0 0 (914,900) 0.00% Grant Proceeds 1,029,000 0 1,522,265 493,265 147.94% Investment Interest 0 8,961 33,223 33,223 0.00% Total revenues 5,460,600 8,961 2,223,355 (3,237,245) 40.72% Expenditures Pre -Project GeoTech Services 50,000 0 0 50,000 0.00% Pavement Preservation 7,202,000 0 0 7,202,000 0.00% 292 Mullen Preservation: Broadway -Mission 0 0 31 (31) 0.00% 309 Local Access Streets: Barker Homes 0 0 1,931 (1,931) 0.00% 314 Balfour Park Frontage Improvements 0 0 1,102 (1,102) 0.00% 320 Sullivan Preservation: Sprague-8th 0 7,750 32,478 (32,478) 0.00% 323 Evergreen Road Preservation Project 0 0 12,226 (12,226) 0.00% 325 2021 Local Access Streets: South Park Rd 0 0 3,646 (3,646) 0.00% 333 Evergreen Rd Pres Broadway to Mission 0 7,500 912,532 (912,532) 0.00% 334 Sprague Avenue Preservation 0 23,999 2,422,503 (2,422,503) 0.00% 339 2022 Local Access Streets: Summerfield E 0 1,890 19,956 (19,956) 0.00% 341 Broadway Preservation - Fancher to Park 0 36,769 41,180 (41,180) 0.00% Total expenditures 7,252,000 77,908 3,447,588 3,804,412 47.54% Revenues over (under) expenditures (1,791,400) (68,947) (1,224,233) (7,041,657) Beginning fund balance 5,544,088 5,544,088 Ending fund balance 3,752,688 4,319,855 #312 - CAPITAL RESERVE FUND Revenues Transfers in - #001 3,593,000 0 0 (3,593,000) 0.00% Investment Interest 10,000 30,018 117,227 107,227 1172.27% Total revenues 3,603,000 30,018 117,227 (3,485,773) 3.25% Expenditures Transfers out - #001 2,100,000 0 0 2,100,000 0.00% Transfers out - #303 225,000 0 1,061 223,939 0.47% Transfers out - #309 4,522,420 0 0 4,522,420 0.00% Transfers out - #314 826,290 0 2,654 823,636 0.32% Transfers out - #316 750,000 0 0 750,000 0.00% Land Acquisition - Park 759,600 0 0 759,600 0.00% Total expenditures 9,183,310 0 3,715 9,179,595 0.04% Revenues over (under) expenditures (5,580,310) 30,018 113,511 (12,665,368) Beginning fund balance 14,522,386 14,522,386 Ending fund balance 8,942,076 14,635,897 Page 15 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 CAPITAL PROJECTS FUNDS -continued Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget #314 - RAILROAD GRADE SEPARATION PROJECTS FUND Revenues Grant Proceeds Investment Interest Developer Contribution Miscellaneous Revenues Transfers in - #312 Total revenues 1,560,290 0 200,273 (1,360,017) 12.84% 0 0 518 518 0.00% 308,592 0 0 (308,592) 0.00% 0 (3,000) 10,500 10,500 0.00% 826,290 0 2,654 (823,636) 0.32% 2,695,172 (3,000) 213,945 (2,481,227) 7.94% Expenditures 143 Barker Rd/BNSF Grade Separation 1,307,293 109,086 513,913 793,380 223 Pines Rd Underpass 1,366,585 58,146 450,613 915,972 311 Sullivan Rd./SR 290 Interchange Project 101,385 4,466 70,681 30,704 39.31% 32.97% 69.72% Total expenditures 2,775,263 171,698 1,035,207 Revenues over (under) expenditures (80,091) (174,698) (821,262) Beginning fund balance 589,792 589,792 Ending fund balance 509,701 (231,470) #315 - TRANSPORTATION IMPACT FEES Revenues Transportation Impact Fees Investment Interest 1,740,056 (4,221,282) 37.30% 200,000 54,632 336,551 136,551 168.28% 0 1,275 4,329 4,329 0.00% Total revenues 200,000 55,907 340,880 140,880 170.44% Expenditures Transfers out - #303 150,000 0 0 150,000 0.00% Total expenditures 150,000 0 0 150,000 0.00% Revenues over (under) expenditures 50,000 55,907 340,880 (9,120) Beginning fund balance 294,607 294,607 Ending fund balance 344,607 635,487 #316 - ECONOMIC DEVELOPMENT CAPITAL PROJECT FUND Revenues Transfers in - #312 750,000 Investment Interest 0 0 0 (750,000) 0.00% 0 0 0 0.00% Total revenues 750,000 0 0 (750,000) 0.00% Expenditures Fair & Expo Center Expansion 750,000 0 7,010 742,990 0.93% Total expenditures 750,000 0 7,010 742,990 0.93% Revenues over (under) expenditures 0 0 (7,010) (1,492,990) Beginning fund balance 0 0 Ending fund balance 0 (7,010) Page 16 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 ENTERPRISE FUNDS #402 - STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees Investment Interest Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget 1,910,000 48,605 1,272,412 (637,588) 66.62% 2,000 4,367 19,937 17,937 996.84% Total Recurring Revenues 1,912,000 52,972 1,292,349 (619,651) 67.59% Expenditures Wages / Benefits / Payroll Taxes 560,631 31,068 305,482 255,149 54.49% Supplies 18,150 4,446 24,334 (6,184) 134.07% Services & Charges 1,248,395 241,789 1,008,342 240,053 80.77% Intergovernmental Payments 45,000 0 43,149 1,851 95.89% Vehicle Rentals - #501 6,750 0 4,500 2,250 66.67% Total Recurring Expenditures 1,878,926 277,303 1,385,807 493,119 73.76% Recurring Revenues Over (Under) Recurring Expenditures 33,074 (224,331) (93,459) (126,533) NONRECURRING ACTIVITY Revenues Grant Proceeds 0 0 0 0 0.00% Total Nonrecurring Revenues 0 0 0 0 0.00% Expenditures Capital - various projects 315,000 0 0 315,000 0.00% 300 Pines & Mission Intersection Improvement 0 0 85 (85) 0.00% 309 Local Access Streets: Barker Homes 0 0 228 (228) 0.00% 314 Balfour Park Frontage Improvements 0 74 6,541 (6,541) 0.00% 334 Sprague Avenue Preservation 0 0 101,098 (101,098) 0.00% Watershed Studies 100,000 0 45,573 54,427 45.57% Generator for Maint. Shop (1/2 cost to #101) 50,000 0 13,144 36,856 26.29% Stormwater Comprehensive Plan 100,000 0 146,765 (46,765) 146.76% Total Nonrecurring Expenditures 565,000 74 313,434 251,566 55.48% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (565,000) (74) (313,434) 251,566 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (531,926) (224,405) (406,893) 125,033 Beginning working capital 2,401,719 2,401,719 Ending working capital 1,869,793 1,994,826 Note: Work performed in the Stormwater Fund for preservation projects is for stormwater improvements that were bid with the pavement preservation work. #403 - AQUIFER PROTECTION AREA Revenues Spokane County 460,000 0 293,055 (166,945) 63.71% Grant Proceeds 1,881,600 0 222,651 (1,658,949) 11.83% Investment Interest 1,900 2,642 8,608 6,708 453.07% Total revenues 2,343,500 2,642 524,314 (1,819,186) 22.37% Expenditures Capital - various projects 3,008,800 6,539 329,689 2,679,111 10.96% Effectiveness study 55,000 0 0 55,000 0.00% Total expenditures 3,063,800 6,539 329,689 Revenues over (under) expenditures (720,300) (3,897) 194,626 Beginning working capital 1,119,839 1,119,839 Ending working capital 399,539 1,314,465 2,734,111 (4,553,297) 10.76% Page 17 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 INTERNAL SERVICE FUNDS Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget #501 - ER&R FUND Revenues Interfund vehicle lease - #001 31,300 0 20,867 (10,433) 66.67% Interfund vehicle lease - #101 10,250 0 6,833 (3,417) 66.67% Interfund vehicle lease - #101 (plow replace) 60,500 0 40,333 (20,167) 66.67% Interfund vehicle lease - #402 6,750 0 4,500 (2,250) 66.67% Transfers in - #001 (Code Enforcement Vehicle) 40,000 0 0 (40,000) 0.00% Transfers in - #101 (Additional dump bed truck) 80,000 0 0 (80,000) 0.00% Investment Interest 1,200 2,524 10,809 9,609 900.78% Total revenues 230,000 2,524 83,343 (146,657) 36.24% Expenditures Wages / Benefits / Payroll Taxes 0 0 31,235 (31,235) 0.00% Small tools & minor equipment 10,000 973 6,740 3,260 67.40% Equipment repair & maintenance 0 0 530 (530) 0.00% Vehicle purchase 512,500 128,917 239,730 272,770 46.78% Total expenditures 522,500 129,890 278,236 244,264 53.25% Revenues over (under) expenditures (292,500) (127,366) (194,893) (390,922) Beginning working capital 1,425,472 1,425,472 Ending working capital 1,132,972 1,230,579 #502 - RISK MANAGEMENT FUND Revenues Investment Interest Transfers in - #001 0 568 1,739 1,739 0.00% 450,000 0 300,000 (150,000) 66.67% Total revenues 450,000 568 301,739 (148,261) 67.05% Expenditures Auto & Property Insurance 450,000 0 417,837 32,163 92.85% Unemployment Claims 0 0 0 0 0.00% Total expenditures 450,000 0 417,837 32,163 92.85% Revenues over (under) expenditures 0 568 (116,098) (180,424) Beginning working capital 392,820 392,820 Ending working capital 392,820 276,722 Page 18 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Ten -Month Period Ended October 31, 2022 FIDUCIARY FUNDS #632 - PASSTHROUGH FEES & TAXES Revenues Passthrough Fees & Taxes Total revenues Expenditures Passthrough Fees & Taxes Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital Budget Year Elapsed = 2022 83.33% 2022 Budget Actual Actual through Budget October October 31 Remaining % of Budget 400,000 26,414 276,123 (123,877) 69.03% 400,000 26,414 276,123 (123,877) 69.03% 400,000 34,778 268,813 131,187 67.20% 400,000 34,778 268,813 0 (8,363) 7,310 0 0 0 7,310 131,187 67.20% (255,064) SUMMARY FOR ALL FUNDS Total of Revenues for all Funds Per Revenue Status Report Difference 101,350,066 101,350,066 5,580,086 5,580,086 68,785,683 68,785,683 Total of Expenditures for all Funds 115,695,929 5,115,950 55,667,565 Per Expenditure Status Report 115,695,929 5,115,950 55,667,565 Difference - Total Capital expenditures (included in total expenditures) 32,832,233 759,011 10,063,061 Page 19 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Investment Report For the Ten -Month Period Ended October 31, 2022 Beginning Deposits Withdrawls Interest Ending 001 General Fund 101 Street Fund 103 Trails & Paths 104 Tourism Facilities Hotel/Motel 105 Hotel/Motel 106 Solid Waste Fund 107 PEG Fund 108 Affordable & Supportive Housing 120 CenterPlace Operating Reserve 121 Service Level Stabilization Reserve 122 Winter Weather Reserve 301 Capital Projects 302 Special Capital Projects 303 Street Capital Projects Fund 309 Parks Capital Project 310 Civic Buildings Capital Projects 311 Pavement Preservation 312 Capital Reserve Fund 314 Railroad Grade Separation Projects 315 Transportation Impact Fees 316 Economic Development Capital Proj 402 Stormwater Management 403 Aquifer Protection Fund 501 Equipment Rental & Replacement 502 Risk Management 632 Passthrough Fees & Taxes "Local Government Investment Pool 11/23/2022 LGI P" NW Bank CD #2068 Gesa CD #7868 Total Investments $ 88, 979, 992.33 $ 3,103, 958.92 $ 2,011,115.33 $ 94, 095, 066.58 4,062,900.13 0.00 0.00 4,062,900.13 0.00 0.00 0.00 0.00 229,630.26 0.00 0.00 229,630.26 $ 93, 272, 522.72 $ 3,103, 958.92 $ 2,011,115.33 $ 98, 387, 596.97 matures: 7/23/2023 rate: 2.90% 12/15/2022 0.70% Balance Earnings Current Period Year to date Budget $ 51,772,219.28 $ 128,407.16 508,666.79 1,252.30 30,156.27 74.24 4,305,190.67 10, 599.07 633, 064.68 1,558.56 2,329,892.18 5,736.03 167,204.18 411.64 417, 072.04 1,026.80 0.00 0.00 5, 500, 000.00 0.00 365,230.41 899.17 5,088,183.72 12, 526.74 6,112, 078.70 15, 047.50 0.00 0.00 0.00 0.00 705,470.55 1,736.82 3,640,028.69 8,961.49 12,192,710.84 30,017.58 0.00 0.00 517, 688.46 1,274.51 0.00 0.00 1, 773, 877.91 4,367.16 1,073,152.90 2,642.03 1,025,180.34 2,523.92 230,528.36 567.54 0.00 0.00 521,723.85 $ 200,000.00 4,400.77 500.00 277.34 100.00 40,008.62 2,500.00 5,153.06 1,000.00 18,368.57 7,000.00 1,527.27 0.00 3,648.17 0.00 0.00 0.00 0.00 0.00 3,528.21 800.00 44,879.08 2,000.00 54,955.03 5,000.00 5,391.25 0.00 0.00 0.00 6,776.93 1,300.00 33,223.45 0.00 117, 226.57 10, 000.00 517.66 0.00 4,329.17 0.00 0.00 0.00 19, 936.73 2,000.00 8,608.24 1,900.00 10, 809.40 1,200.00 1,739.24 0.00 0.00 0.00 $ 98,387,596.97 $ 229,630.26 $ 907,028.61 $ 235,300.00 Page 20 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 10 31 CITY OF SPOKANE VALLEY, WA Sales Tax Receipts For the Ten -Month Period Ended October 31, 2022 Month Received 2021 2022 11/23/2022 Difference February 2,934,890.06 3,202,171.48 267,281.42 9.11% March 2,445,374.71 2,441,337.89 (4,036.82) (0.17%) April 2,571,438.34 2,550,319.99 (21,118.35) (0.82%) May 3,369,522.86 3,153,928.13 (215,594.73) (6.40%) June 3,095,705.00 3,039,845.65 (55,859.35) (1.80%) July 3,127,275.84 3,009,859.02 (117,416.82) (3.75%) August 3,153,001.10 3,235,239.66 82,238.56 2.61% September 2,951,757.95 3,139,069.66 187,311.71 6.35% October 2,969,429.94 3,284,249.15 314,819.21 10.60% 26, 618, 395.80 November 2,999,113.99 December 2, 837, 332.76 January 2,915,354.54 27, 056, 020.63 35, 370,197.09 27, 056, 020.63 437, 624.83 1.64% 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 21 P:\Finance\Finance Activity Reports\Tax Revenue\Sales Tax\2022\sales tax collections 2022 CITY OF SPOKANE VALLEY, WA Sales Tax Collections - September For the years 2013 through 2022 January February March April May June July August September 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 1,671,269 1,133, 347 1,148, 486 1,358,834 1,320,449 1,389,802 1,424,243 1,465,563 1,466,148 1,677,887 1,170, 640 1,201,991 1,448,539 1,400,956 1,462,558 1,545,052 1,575,371 1,552,736 1,732,299 1,197, 323 1,235,252 1,462,096 1,373,710 1,693,461 1,718,428 1,684,700 1,563,950 1,863,225 1,316,682 1,378,300 1,640,913 1,566,178 1,641,642 1,776,653 1,746,371 1,816,923 1,992,273 1,369,740 1,389,644 1,737,933 1,564,119 1,751,936 1,935,028 1,877,899 1,946,689 2,078,412 1,536,252 1,564,282 1,926,551 1,762,119 1,871,077 2,053,961 1,980,940 2,019,198 2,240,908 1,648,657 1,549,275 1,955,470 1,946,112 2,067,987 2,232,342 2,121,051 2,223,576 2,253,852 1,776,898 1,687,355 1,627,596 1,651,937 2,291,842 2,368,495 2,393,597 2,258,489 2,615,326 2,185, 876 2,317, 671 3,029,090 2,768,743 2,795,920 2,804,930 2,623,934 2,627,997 11/9/2022 2021 to 2022 Difference ok 2,834,686 219,360 8.39% 2,161,498 (24,378) (1.12%) 2,256,314 (61,357) (2.65%) 2,790,667 (238,423) (7.87%) 2,695,717 (73,026) (2.64%) 2,658,988 (136,932) (4.90%) 2,848,618 43,688 1.56% 2,777,889 153,955 5.87% 2,908,322 280,325 10.67% Collected to date 12,378,141 13,035,730 13,661,219 14,746,887 15,565,261 16,792,792 17,985,378 18,310,061 23,769,487 23,932,699 October 1,439,321 1,594,503 1,618,821 1,822,998 1,898,067 2,005,836 2,134,985 2,431,920 2,648,748 0 November 1,362,021 1,426,254 1,487,624 1,652,181 1,768,817 1,925,817 2,064,504 2,317,685 2,504,884 0 December 1,408,134 1,383,596 1,441,904 1,664,983 1,856,989 1,918,411 2,019,895 2,178,815 2,576,415 0 Total Collections 16,587,617 17,440,083 18,209,568 19,887,049 21,089,134 22,642,856 24,204,762 25,238,481 31,499,534 23,932,699 Budget Estimate 15,250,000 16,990,000 17,628,400 18,480,500 19,852,100 20,881,900 22,917,000 21,784,000 25,200,000 27,720,000 Actual over (under) budg 1,337,617 450,083 581,168 1,406,549 1,237,034 1,760,956 1,287,762 3,454,481 6,299,534 (3,787,301) Total actual collections as a % of total budget % change in annual total collected % of budget collected through September 108.77% 102.65% 103.30% 107.61% 106.23% 108.43% 105.62% 115.86% 125.00% n/a 7.52% 5.14% 4.41% 9.21% 6.04% 7.37% 6.90% 4.27% 24.81% n/a 81.17% 76.73% 77.50% 79.80% 78.41% 80.42% 78.48% 84.05% 94.32% 86.34% % of actual total collected through September 74.62% 74.75% 75.02% 74.15% 73.81% 74.16% 74.31% 72.55% 75.46% n/a Chart Reflecting History of Collections through the Month of September 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 0 1 September 163,212 0.69% ■ September ■ August ■ July ■ June ■ May ■ April ■ March ■ February ■ J an ua ry 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Page 22 P:\Finance\Finance Activity Reports\Tax Revenue\Lodging Tax\2022\105 hotel motel tax 2022 CITY OF SPOKANE VALLEY, WA Hotel/Motel Tax Receipts through - September Actual for the years 2013 through 2022 January February March April May June July August September Total Collections 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 24,185 25,975 27,739 40,979 40,560 47,850 56,157 63,816 70,794 25,425 26,014 29,384 48,246 41,123 52,618 61,514 70,384 76,100 27,092 27,111 32,998 50,455 44,283 56,975 61,809 72,697 74,051 31,887 27,773 34,330 52,551 50,230 55,060 65,007 73,700 70,305 27,210 26,795 31,601 52,242 50,112 60,637 69,337 76,972 80,173 28,752 28,878 31,906 57,664 51,777 62,048 71,865 79,368 79,661 31,865 32,821 40,076 59,117 53,596 73,721 84,628 91,637 97,531 36,203 31,035 37,395 24,959 16,906 28,910 41,836 49,772 59,116 26,006 31,041 30,536 44,476 49,002 66,262 94,495 101,171 104,494 11/9/2022 2020 to 2021 Difference 48,759 22,753 87.49% 38,369 7,328 23.61% 44,483 13,947 45.67% 87,561 43,085 96.87% 74,613 25,611 52.27% 86,758 20,496 30.93% 97,413 2,918 3.09% 113,078 11,907 11.77% 106,013 1,519 1.45% 398,056 430,807 447,471 460,843 475,079 491,919 564,992 326,132 547,483 697,047 149,564 27.32% October 43,836 45,604 49,880 55,660 56,631 61,826 77,932 50,844 92,924 0 November 42,542 39,600 42,376 46,393 47,090 52,868 59,252 39,694 62,322 0 December 34,238 33,256 41,510 33,478 37,180 40,363 41,675 26,573 41,708 0 Total Collections 518,672 549,267 581,237 596,374 615,980 646,976 743,851 443,243 744,437 697,047 Budget Estimate 490,000 530,000 550,000 580,000 580,000 580,000 600,000 346,000 750,000 600,000 Actual over (under) budg 28,672 19,267 31,237 16,374 35,980 66,976 143,851 97,243 (5,563) 97,047 Total actual collections as a % of total budget 105.85% 103.64% 105.68% 102.82% 106.20% 111.55% 123.98% 128.10% 99.26% n/a % change in annual total collected 5.85% 5.90% 5.82% 2.60% 3.29% 5.03% 14.97% (40.41%) 67.95% n/a % of budget collected through September 81.24% 81.28% 81.36% 79.46% 81.91% 84.81% 94.17% 94.26% 73.00% 116.17% % of actual total collected through September 76.75% 78.43% 76.99% 77.27% 77.13% 76.03% 75.95% 73.58% 73.54% n/a Chart Reflecting History of Collections through the Month of September 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 September 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 September • August ■ July • June • May ■ April • March • February • January Page 23 P:\Finance\Finance Activity Reports\Tax Revenue\REET\2022\301 and 302 REET for 2022 CITY OF SPOKANE VALLEY, WA 1st and 2nd 1/4% REET Collections through September Actual for the years 2013 through 2022 January February March April May June July August September Collected to date 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 56,898 155,226 72,172 90,377 116,165 139,112 128,921 117,150 174,070 61,192 67,049 81,724 105,448 198,870 106,676 208,199 172,536 152,323 96,141 103,508 165,868 236,521 165,748 347,421 217,375 202,525 179,849 104,446 83,583 220,637 205,654 192,806 284,897 248,899 231,200 178,046 153,661 124,514 282,724 169,060 202,734 248,768 449,654 472,420 187,348 239,437 146,892 310,562 218,842 646,397 277,424 302,941 261,626 259,492 120,809 199,209 193,913 347,528 263,171 465,044 327,636 300,312 335,824 212,512 242,927 203,774 197,928 258,784 329,801 234,040 365,838 381,224 277,311 283,644 497,974 470,818 380,346 426,592 408,246 666,645 471,991 420,393 239,226 543,267 381,096 521,957 564,764 397,408 1,059,352 218,701 11/9/2022 2021 to 2022 Difference 143,082 51.60% (44,418) (15.66%) 45,293 9.10% (89,722) (19.06%) 141,611 37.23% 138,172 32.39% (10,838) (2.65%) 392,707 58.91% (253,290) (53.66%) 1,050,091 1,154,016 1,714,956 1,750,170 2,290,883 2,663,613 2,553,446 2,426,828 3,883,567 4,346,164 462,597 11.91% October 117,806 123,505 128,833 253,038 207,895 584,792 225,216 381,163 440,971 0 November 78,324 172,227 129,870 186,434 229,800 263,115 319,161 370,449 1,208,216 0 December 75,429 117,682 157,919 164,180 278,995 288,912 235,726 479,586 685,473 0 Total distributed by Spokane County 1,321,650 1,567,429 2,131,578 2,353,822 3,007,573 3,800,432 3,333,549 3,658,026 6,218,227 4,346,164 Budget estimate 975,000 1,100,000 1,400,000 2,000,000 2,000,000 3,000,000 2,800,000 2,000,000 4,000,000 3,000,000 Actual over (under) budget 346,650 467,429 731,578 353,822 1,007,573 800,432 533,549 1,658,026 2,218,227 1,346,164 Total actual collections as a % of total budget 135.55% 142.49% 152.26% 117.69% 150.38% 126.68% 119.06% 182.90% 155.46% n/a % change in annual total collected 11.47% 18.60% 35.99% 10.43% 27.77% 26.36% (12.28%) 9.73% 69.99% n/a % of budget collected through September 107.70% 104.91% 122.50% 87.51% 114.54% 88.79% 91.19% 121.34% 97.09% 144.87% % of actual total collected through September 79.45% 73.62% 80.45% 74.35% 76.17% 70.09% 76.60% 66.34% 62.45% n/a Chart Reflecting History of Collections through the Month of September 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 September 2013 2014 2015 2016 2017 2018 2019 2020 September • August • July • June • May • April • March • February • January P:\Finance\Finance Activity Reports\Debt Capacity\2022\debt capacity 2022 CITY OF SPOKANE VALLEY, WA Debt Capacity 2021 Assessed Value for 2022 Property Taxes 12,919,694,944 Voted (UTGO) Nonvoted (LTGO) Voted park Voted utility 1.00% of assessed value 1.50% of assessed value 2.50% of assessed value 2.50% of assessed value Maximum Outstanding Remaining Debt as of Debt % Capacity 12/31/2021 Capacity Utilized 129,196, 949 193, 795, 424 322, 992, 374 322, 992, 374 968, 977,121 0 129,196, 949 10, 485, 000 183, 310, 424 0 322, 992, 374 0 322, 992, 374 10,485,000 958,492,121 0.00% 5.41% 0.00% 0.00% 1.08% Bonds Repaid Bonds Remaining 2014 LTGO Bonds Road & LTGO Bonds Period Street 2016 LTGO Grand Ending CenterPlace Improvements Total Bonds Total 12/1/2014 12/1/2015 12/1/2016 12/1/2017 12/1/2018 12/1/2019 12/1/2020 12/1/2021 12/1/2022 12/1/2023 12/1/2024 12/1/2025 12/1/2026 12/1/2027 12/1/2028 12/1/2029 12/1/2030 12/1/2031 12/1/2032 12/1/2033 12/1/2034 12/1/2035 12/1/2036 12/1/2037 12/1/2038 12/1/2039 12/1/2040 12/1/2041 12/1/2042 12/1/2043 12/1/2044 12/1/2045 225,000 175,000 185,000 190,000 230,000 255,000 290,000 320,000 135,000 125,000 130,000 130,000 135,000 140,000 140,000 145,000 360,00 300,00 315,000 320,000 365,000 395,000 430,000 465,000 0 0 75,000 150,000 155,000 160,000 165,000 170,000 360,000 300,000 390,000 470,000 520,000 555,000 595,000 635,000 1,870,000 1,080,000 2,950,000 875,000 3,825,000 350,000 150,000 500,000 175,000 390,000 155,000 545,000 180,000 430,000 0 430,000 185,000 465,000 0 465,000 195,000 505,000 0 505,000 00,000 395,000 0 395,000 : 05,000 300,000 0 300,000 215,000 245,000 0 245,000 2 ' 0,000 225,000 0 225,000 2 . 000 180,000 0 180,000 23' , 000 130,000 0 130,000 24 ' 000 165,000 0 165,000 250, 000 0 0 0 260, 100 0 0 0 270, 600 0 0 0 280, 010 0 0 0 290,060 0 0 0 305,001 0 0 0 315,00 0 0 0 330,000 0 0 0 340,000 0 0 0 355,000 0 0 0 365,000 0 0 0 375,000 0 0 0 390,000 675,000 725,000 615,000 660,000 705,000 600,000 515,000 465,000 450,000 415,000 370,000 415,000 260,000 270,000 280,000 290,000 305,000 315,000 330,000 340,000 355,000 365,000 375,000 390,000 3,780,000 305,000 4,085,000 6,400,000 10,485,000 5,650,000 1,385,000 7,035,000 7,275,000 14, 310, 000 Page 25 P:\Finance\Finance Activity Reports\Tax Revenue\MVFT\2022\motor vehicle fuel tax collections 2022 CITY OF SPOKANE VALLEY, WA Motor Fuel (Gas) Tax Collections - September For the years 2013 through 2022 January February March April May June July August September 2013 2014 2015 I 2016 2017 2018 2019 2020 2021 2022 146,145 145,998 135,695 156,529 151,595 167,479 155,348 173,983 195,397 152,906 148,118 131,247 156,269 156,850 161,965 157,805 172,308 173,299 152,598 145,455 140,999 157,994 156,259 164,872 168,205 186,277 174,505 163,918 163,037 145,537 167,304 171,829 157,737 177,427 177,567 194,640 150,654 164,807 138,205 168,000 174,211 174,838 177,019 195,780 184,342 162,359 175,936 139,826 168,796 193,986 144,308 194,267 205,438 180,874 148,530 181,823 131,009 144,080 185,669 175,985 169,733 195,107 180,605 152,686 170,461 146,280 90,589 130,168 128,359 138,932 136,633 195,550 143,576 150,882 117,784 141,080 175,706 156,670 163,103 185,516 178,022 162,156 156,245 135,183 160,396 181,782 162,670 190,587 192,966 173,143 11/9/2022 2021 to 2022 Difference ok 18,580 12.94% 5,363 3.55% 17,399 14.77% 19,316 13.69% 6,076 3.46% 6,000 3.83% 27,484 16.85% 7,450 4.02% (4,879) (2.74%) Collected to date 1,428,169 1,410,767 1,447,164 1,518,996 1,527,856 1,565,790 1,512,541 1,289,658 1,412,339 1,515,128 102,789 7.28% October 133,441 160,539 161,520 166,369 163,780 158,062 162,187 160,272 161,171 0 November 164,303 165,871 181,771 176,178 194,814 199,282 196,240 175,980 187,269 0 December 142,140 141,298 153,338 152,787 154,298 148,960 155,728 119,282 149,169 0 Total Collections 1,868,053 1,878,475 1,943,793 2,014,330 2,040,748 2,072,094 2,026,696 1,745,192 1,909,948 1,515,128 Budget Estimate 1,868,900 1,866,400 1,867,700 2,013,400 2,048,900 2,061,100 2,039,500 1,715,000 1,808,700 1,904,000 Actual over (under) budg (847) 12,075 76,093 930 (8,152) 10,994 (12,804) 30,192 101,248 (388,872) Total actual collections as a % of total budget 99.95% 100.65% 104.07% 100.05% 99.60% 100.53% 99.37% 101.76% 105.60% n/a % change in annual total collected 1.14% 0.56% 3.48% 3.63% 1.31% 1.54% (2.19%) (13.89%) 9.44% n/a % of budget collected through September 76.42% 75.59% 77.48% 75.44% 74.57% 75.97% 74.16% 75.20% 78.09% 79.58% % of actual total collected through September 76.45% 75.10% 74.45% 75.41% 74.87% 75.57% 74.63% 73.90% 73.95% n/a Chart Reflecting History of Collections through the Month of September 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 ■ September 1 ■ September ■ August ■ July ■ June ■ May ■ April ■ March ■ February ■ January 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Page 26 P:\Finance\Finance Activity Reports\Tax Revenue\Telephone Tax\2022\telephone utility tax collections 2022 CITY OF SPOKANE VALLEY, WA Telephone Utility Tax Collections - September For the years 2013 through 2022 January February March April May June July August September Collected to date 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 217,478 216,552 223,884 214,618 129,270 293,668 213,078 211,929 210,602 210,777 205,953 208,206 206,038 210,010 210,289 205,651 205,645 199,193 177,948 212,845 174,738 214,431 187,856 187,412 190,984 185,172 183,351 182,167 173,971 177,209 171,770 174,512 170,450 174,405 171,909 170,476 162,734 163,300 162,536 157,285 161,506 156,023 157,502 150,644 155,977 130,196 164,060 158,416 146,519 149,434 150,780 147,281 148,158 141,290 136,615 132,538 138,727 126,455 135,704 129,602 130,723 127,303 128,018 123,292 121,596 121,938 120,016 118,018 117,905 120,922 112,351 91,866 (333) 155,911 100,566 83,109 94,864 85,949 86,834 85,251 87,391 11/21/2022 2020 to 2021 Difference $ % 81,439 81,772 (24556.16%) 80,730 (75,181) (48.22%) 81,038 (19,528) (19.42%) 81,613 (1,496) (1.80%) 85,285 (9,579) (10.10%) 63,094 (22,855) (26.59%) 107,597 20,763 23.91% 82,146 (3,105) (3.64%) 88,552 1,161 1.33% 1,931,079 1,861,762 1,714,737 1,566,869 1,427,507 1,336,134 1,185,685 1,047,904 779,542 751,494 (28,048) (3.60%) October 205,559 183,767 183,739 166,784 153,075 142,925 127,214 90,272 86,941 0 November 212,947 213,454 175,235 166,823 151,208 139,209 125,027 88,212 82,797 0 December 213,097 202,077 183,472 168,832 161,115 140,102 126,226 92,242 84,635 0 Total Collections 2,562,682 2,461,060 2,257,183 2,069,308 1,892,905 1,758,370 1,564,152 1,318,630 1,033,915 751,494 Budget Estimate 2,900,000 2,750,000 2,565,100 2,340,000 2,000,000 1,900,000 1,600,000 1,521,000 1,000,000 932,000 Actual over (under) budg (337,318) (288,940) (307,917) (270,692) (107,095) (141,630) (35,848) (202,370) 33,915 (180,506) Total actual collections as a % of total budget 88.37% 89.49% 88.00% 88.43% 94.65% 92.55% 97.76% 86.69% 103.39% n/a % change in annual total collected (6.32%) (3.97%) (8.28%) (8.32%) (8.52%) (7.11 %) (11.05%) (15.70%) (21.59%) n/a % of budget collected through September 66.59% 67.70% 66.85% 66.96% 71.38% 70.32% 74.11% 68.90% 77.95% 80.63% % of actual total collected through September 75.35% 75.65% 75.97% 75.72% 75.41% 75.99% 75.80% 79.47% 75.40% n/a Chart Reflecting History of Collections through the Month of September 2,500,000 2,000,000 1,500,000 1,000,000 500,000 (500,000) September 1 1 1 1 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 September August ■ July • June • May • April • March • February ■ January Page 27