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2023, 07-18 Study Session AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Tuesday, July 18, 2023 6:00 p.m. Remotely via ZOOM Meeting and In Person at CenterPlace Regional Event Center Great Room 2426 N Discovery Place Spokane Valley, WA 99216 Council Requests Please Silence Your Cell Phones During Council Meeting NOTE:Members of the public may attendSpokane Valley Council meetings in-person at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in- person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as “public comment opportunity.” If making a comment via Zoom, comments must be received by 4:00 pm the day of the meeting. Sign up to Provide Oral Public Comment at the Meeting via Calling-In Submit Written Public Comment Prior to the Meeting Join the Zoom WEB Meeting ------------------------------------------------------------------------------------------------------------------------------- CALL TO ORDER ROLL CALL APPROVAL OF AGENDA 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 at the meeting. ACTION ITEMS: 1. Motion Consideration: Change Order Poe Contract – Bill Helbig \[public comment opportunity\] 2. Motion Consideration: Grant Agreement Approval for ICSVPAC – Sarah Farr \[public comment opportunity\] NON-ACTION ITEMS: 3. SCOPE, Graffiti Update – Erik Lamb, Chris Conway 4. Admin Report: Spokane County Conservation District – Mike Basinger, Vicki Carter 5. Pines/BNSF GSP Update – Gloria Mantz & Erica Amsden 6. Council Goals & Priorities for LTAC – Chelsie Taylor, Sarah Farr 7. Admin Report: CDBG Consortium Update – Erik Lamb 8. Admin Report: 2024 Vehicle/Equipment Requests Update – Bill Helbig 9. Advance Agenda – Mayor Haley COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURN Council Agenda July 18, 2023 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: Motion Consideration: Street and Stormwater Maintenance & Repair Services Contract – Amendment #3 GOVERNING LEGISLATION: chapter 39.04 RCW. PREVIOUS COUNCIL ACTION TAKEN: March 10, 2020 Approved execution of the Street & Stormwater Maintenance Contract. December 15, 2020 Approved renewal of the Street & Stormwater Maintenance Contract for 2021. December 7, 2021 Approved renewal of the Street & Stormwater Maintenance Contract for 2022. September 13, 2022 Approved Amendment 2 for Local Street work. December 13, 2022 Approved renewal of the Street & Stormwater Maintenance Contract for 2023. BACKGROUND: This contract, originally executed in 2020, provides for private contracting for 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 City contracted, after appropriate bidding and awarding, with Poe Asphalt for an original contract amount of $1,500,000. The Council-approved 2023 option year contract amount is $1,566,980.77. During 2023, Poe Asphalt has successfully and consistently fulfilled the obligations of the contract by providing street and stormwater maintenance services to the City. At this time, all work has been completed and insufficient funds are available within the contract to provide additional asphalt reconstruction on several local access roads. The purpose of this Contract Amendment, therefore, is to provide additional contract funds to complete roadway reconstruction of several failing local access roads that best serve the residents. The roads under consideration include the following, which are presented in the attached figure. Roadway Segment Termini Existing PCI th Koren Rd Rocky Ridge Dr to 16 Ave 32 th Rocky Ridge Dr South End to 16 Ave 34 th 19 Ave East of Rocky Ridge Dr 20 In 2022 and 2023, Avista Corporation has been upgrading their gas services in these roads. Their work has resulted in a patchwork of failing existing asphalt and new asphalt patches. To provide the best roadway surfaces possible, City staff believes it is the best interest of the residents and City to reconstruct the asphalt in totality, rather than have a patchwork of failing and new asphalt. Avista Corporation concurs with the assessment and has agreed to participate financially in the roadway reconstructions. Financially, the estimate for completing the roadway reconstructions on the segments of local access roads identified is approximately $317,209. Funding participation from the City and Avista is estimated at $184,793, $132,416 respectively. From the contractual side, the work will be completed by Poe Asphalt under the City’s contract and Avista Corporation will reimburse the City for their share. The following is a financial summary of the proposed contract changes. 2023 Contract Amount (Renewal) $ 1,566,980.77 Amendment 3 (This Amendment) $ 317,208.89 Total 2023 Contract Amount $ 1,884,189.66 OPTIONS: 1) Approve the Contract Amendment and proceed with the work, 2) Not approve the Contract Amendment. RECOMMENDED ACTION OR MOTION: Move to approve Contract Amendment #3 to Poe Asphalt Paving Inc. for additional local street reconstruction, resulting in a total contract amount not to exceed $1,884,189.66, and authorize the City Manager to finalize and execute the amendment. BUDGET/FINANCIAL IMPACTS: There are sufficient funds in the Local Street Preservation dedicated funds within Street Fund #101 for this work. STAFF CONTACT: Bill Helbig, PE, Community & Public Works Director ATTACHMENTS: Figure – Local Reconstruction Contract Amendment #3 – Local Streets Reconstruction CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND Poe Asphalt Paving Inc. Spokane Valley Contract 19-162.06 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Poe Asphalt Paving Inc. mutually agree as follows: 1. Purpose: This Amendment is for the Contract for additional street maintenance for local access roadway work by and between the Parties, executed by the Parties on March 13, 2020, and which terminates on December 31, 2023. Said contract is referred to as the “Original Contract” and its terms are hereby incorporated by reference. 2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contractand any amendments thereto which are not specifically modifiedby this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are either as follows, or attached hereto as Appendix “A”. All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. The amount authorized to be expended for 2023 only is increased by an additional $317,208.89 to provide for additional local street maintenance for the following streets. th Koren Road from Rocky Ridge Drive to 16 Avenue th Rock Ridge Drive from 16 Avenue to the South End th 19 Avenue east from Rock Ridge Drive to End 4. Compensation Amendment History: This is Amendment #2 of the Original Contract. The Original Contract incorporates annual renewals and the 2022 Contract Amount shown was executed on December 8, 2021. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Contract Amount 2023 Contract Amount 01/01/2023 $ 1,566,980.77 Amendment #2 (This Amendment) To be executed $ 317,208.89 Total Amended 2023 Contract Amount $ 1,884,189.66 The parties have executed this Amendment to the Original Contract this day of July 2023. CITY OF SPOKANE VALLEY: POE ASPHALT PAVING INC. John Hohman By: Brian Poe City Manager Its: President APPROVED AS TO FORM: Office of the City Attorney 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. reportpending legislation executive session AGENDA ITEM TITLE: Motion consideration: Idaho Central Spokane Valley Performing Arts Center (ICSVPAC) Grant Agreement GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Council heard numerous administrative reports from July 2021 through May, 2022 on the American Rescue Plan Act and the funding awarded to the City. On May 31, 2022, Council gave consensus to allocate $785,714 of City general fund assistance as a result of the corresponding amounts allocated under CLFR revenue replacement to aid the Idaho Central Spokane Valley Performing Arts Center in its construction of a new facility to support economic development efforts and 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, during 2022 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 $785,714 of general fund revenue made available due to the use of CLFR funds towards revenue replacement to support the Idaho Central Spokane Valley Performing Arts Center in the construction of its new Performing Arts Center. The facility will serve the public purpose of engaging in economic development. The organization is also committed to providing access and educational opportunities to those below 80% AMI and youth through reduced fees and scholarship options. Staff have negotiated a grant agreement with the Performing Arts Center. The grant agreement awards money to the Performing Arts Center and obligates the Idaho Central Spokane Valley Performing Arts Center to use the facility for the purposes of providing musical, theatrical, educational, and cultural programming for the Spokane Valley community over a 20-year term. The term of this agreement ensures that the City grant funding provided will continue to be used to serve the community over the life of the facility. The grant agreement also provides for annual reporting of those served and increased tourism information. OPTIONS: Move to approve the Grant Agreement with Idaho Central Spokane Valley Performing Arts Center (ICSVPAC) for a $785,714 award and authorize the City Manager or designee to finalize and Page 1 of 2 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 Idaho Central Spokane Valley Performing Arts Center for a $785,714 award and authorize the City Manager or designee 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. This award will reduce the City’s available general funds provided through the revenue replacement process of the American Rescue Plan by $785,714. STAFF CONTACT: Erik Lamb, Deputy City Manager; Sarah Farr, Accountant/Budget Analyst ___________________________________________________________________________ ATTACHMENTS: Draft Grant Agreement with Idaho Central Spokane Valley Performing Arts Center Page 2 of 2 CITY OF SPOKANE VALLEY CAPITAL PROJECT GRANT AGREEMENT Grant Recipient: Idaho Central Spokane Valley Performing Arts Center Performing Arts Center Project: $785,714 N/A23-133.00 Award Amount:Project#: Contract#: Term Period: Effective Date ToDecember 31, 2035 THIS AGREEMENT is a grant agreement entered into between Idaho Central Spokane Valley Performing Arts Center, a nonprofit organization registered in the State of Washington (the “Grant Recipient”) and the City of Spokane Valley, a municipal corporation of the State of Washington (the “City”) (collectively the “Parties”) for the purpose of providing a community facility serving City residents as described herein. RECITALS A. Pursuant to RCW 35.21.703, it is in the public purpose to engage in economic development and in furtherance of that purpose the City may contract with nonprofit organizations. B.Grant Recipient is constructing a 59,000 square foot facility (the “Performing Arts Center”) to provide musical, theatrical, educational and cultural programming that celebrates and further develops the artistic talents of the community, and that will serve as the regional epicenter for all things related to the professional performing arts. C.Grant Recipient is committed to providing access and educational opportunities to persons or families with income that does not exceed 80% percent of the area median income through reduced fees and scholarship options, which aligns with a fundamental purpose of the City to provide aid to the poor and infirm. D. The Performing Arts Center and its activities will promote tourism and hotel stays in Spokane Valley as it is centrally located in the Mirabeau area, near hotels, the Spokane Valley Mall, and a short distance off of Interstate 90. In 2022, it is estimated that 34 percent of patrons attended programs provided by Grant Recipient from outside the City and the City of Spokane, and 15 percent attended from outside of Washington State. E. As detailed above and in the Scope of Work, the Project serves a fundamental governmental purpose, is a City purpose for which the City is receiving consideration in the form of community benefits, and is a City purpose in support of the poor or infirm, as provided in the State constitution. NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth in this Agreement, the Parties agree as follows: GRANT AWARD TERMS AND CONDITIONS 1. DEFINITIONS 1.1 Project. The term “Project” means the design, development and construction of the Facility described in Exhibit A. Grant Award Funds available pursuant to this Agreement may only be used for the Project. To complete the Project, Grant Recipient shall use the Grant Award Funds to design develop, and construct the Facility, consistent with the requirements set forth in this Agreement and in the following attached exhibits, which are incorporated herein by reference: Map of Facility and Location Attached as Exhibit A Scope of Work Attached as Exhibit B Project Budget Attached as Exhibit C Timeline, Milestones, & Performance Metrics Attached as Exhibit D Insurance Requirements Attached as Exhibit E Restrictive Covenant Agreement Attached as Exhibit F Prevailing Wage Certification Attached as Exhibit G 1.2 Map of Facility and Location. This Agreement applies to the Project to improve the facility (“Facility”) which is located at: 13609 E. Mansfield Ave., City of Spokane Valley, Spokane County, Washington See Exhibit A for a depiction of the Facility and a map of specific Facility location and boundaries. 1.3 Administrator. The City Manager or designee shall administer and be the primary contact for Grant Recipient throughout the term of this Agreement. 1.4 Scope of Work. Grant Recipient shall provide a scope of work (“Scope of Work”), attached hereto as Exhibit B, which describes the Project purpose and community benefits in detail and includes a description of the various design, development, permitting, and construction milestones required for completion of the Project and intended use of the Grant Award Funds. Grant Recipient shall apply the funds received from the City for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit B. 1.5 Project Budget. Grant Recipient shall work with the City to develop a final Project Budget, to be attached hereto as Exhibit C. 2. EFFECTIVE DATE The Agreement shall be effective upon signature by both Parties (“Effective Date”). 3. TERM The term (“Term”) of this Agreement shall begin on the Effective Date and end on December 31, 2035. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 4. AMENDMENTS This Agreement together with the attached exhibits isthe whole Agreement between the Parties. This Agreement may be amended only in writing, duly executed by the Parties. 5. NOTICES Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses below via electronic mail. IDAHO CENTRAL SPOKANE THE CITY OF SPOKANE VALLEY PERFORMING ARTS VALLEY CENTER City Clerk Dr. Marnie Rorholm 10210 East Sprague Avenue P.O. Box 1368 Spokane Valley, WA 99206 Spokane Valley, WA 99037 (509) 720-5000 (509) 981-2656 mpatterson@spokanevalleywa.gov marnie@icsvpac.com Either Party may, at any time, by giving ten (10) days written notice to the other Party to designate any other notice address. 6. DISBURSEMENT OF GRANT FUNDS 6.1The City may authorize, at the City’s sole discretion, reimbursement of Project- related costs incurred on or after May 31, 2022 (the date the City Council approved the Award Amount). 6.2 The City Finance Department will provide instructions outlining the process for submitting electronic reimbursement requests within 14 days of execution of this Agreement. The City shall initiate authorization for payment and disbursement of Grant Award Funds after approval of sufficiently detailed Project-related invoices, proof of payment, and related documentation submitted by Grant Recipient to the City Finance Department at accountspayable@spokanevalleywa.gov. The City will reimburse amounts determined by the City Manager or designee to be for the purposes of this Agreement. The City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the purposes of this Agreement, City standards, City Code, and federal or state law. The City shall make payment to Grant Recipient not more than thirty (30) days after a complete and accurate invoice and any other required documentation is received and approved. 6.3Grant Recipient shall submit the final invoice, supporting documentation and any outstanding deliverables, as specified in the Scope of Work (Exhibit B) and Project Budget (Exhibit C), within thirty (30) days of the date this Agreement expires or is terminated. If the Grant Recipient’s final invoice, supporting documentation and reports are not submitted by that day, the City will be relieved of all liability for payment to Grant Recipient of that invoice or any subsequent invoice. 7. GRANT REPORTING All Grant Award Funds received pursuant to this Agreement must be accounted for separately from all other Grant Recipient accounts and moneys. Until the Project is completed, and all proceeds provided pursuant tothis Agreement have been expended, the Grant Recipient shall provide reports to the City Manager or designee on a schedule outlined in Exhibit D of this Agreement. 8.COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A, B and C of this Agreement on or before December 31, 2024. If Grant Recipient cannot complete the Project as described on or before this date, the City shall be released from any obligation to fund the Project, and the City in its sole discretion may reallocate such funds for other projects. Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds for the Project as provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for a purpose other than completion of the Project as described in the Scope of Work in at Exhibit B. 9.COMMUNICATION AND THE CITY OF SPOKANE VALLEYMILESTONE NOTIFICATION Grant Recipient shall recognize City as a “funder” or for the Project in the following manner: 9.1 Events: Grant Recipient shall invite and recognize “The City of Spokane Valley” at all events promoting the Project, and at the final Facility dedication. 9.2 Community Relations: Grant Recipient shall recognize “The City of Spokane Valley” and the City as a “funder” or in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 9.3 The City of Spokane Valley Notification: Grant Recipient shall notify the Manager or designee 30 days prior to any major milestone, such as a groundbreaking or opening dates for the Facility. 9.4 Signage: Grant Recipient shall recognize “The City of Spokane Valley” on any signage as “funder” or of the Project/Facility. Grant Recipient is required to obtain approval from the City Manager or designee to use the City logo on any signage and communications. If approved, the appropriate City logo will be provided by the City. 10. DISPOSITION OF REMAINING GRANT AWARD FUNDS Any Grant Award proceeds in excess of those required to be provided by the City for the actualcosts of the Project shall remainwith theCityfor use inits sole discretion. 11. PUBLIC ACCESS; PUBLIC PURPOSES The Grant Award is provided to Grant Recipient for the Project for the purpose of building an approximately 59,000 square foot Performing Arts Center to provide musical, theatrical, educational and cultural programming for the Spokane Valley community. Therefore, Grant Recipient and any successor in interest agree to maintain the Facility for performing arts center purposes as set forth in Restrictive Covenant Agreement set forth at Exhibit F. The Facility shall be open and accessible to the public at reasonable hours and times. Grant Recipient 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 Facility shall be no greater than those generally charged by public operators of similar facilities in the City. The Grant Award will not be used to pay costs of any facility, place or building to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship. If the Grant Award is used to pay costs of a mixed-use facility that is used in part for sectarian instruction or study or as a place for devotional activities or religious worship, the Grant Award shall be applied to, and shall not exceed, the portion of the costs that can be allocated to other activities, such as community center activities. These restrictions apply to all grantees, not just faith-based organizations. If the Grant Award is used to pay costs of a mixed-use facility that includes both community or public uses and private commercial uses, the Grant Award shall be applied to, and shall not exceed, the portion of the costs that can be allocated to community and other public uses, such as community center activities. Notwithstanding temporary closure for required maintenance or repairs, the minimum period of time Grant Recipient must ensure the Project is available for its public purpose is for twenty (20) years from Facility completion. If the Facility is retired or otherwise removed from use before the end of the 20-year period, then in addition to pursuing any remedies under the executed and recorded Restrictive Covenant Agreement attached hereto as Exhibit F, the City may require the Grant Recipient to reimburse the City for the Grant Award Funds plus 12% interest from the date of the Grant Award calculated based on the City’s cost of funds. This right of recoupment is in addition to all other remedies available under law and equity. Grant Recipient’s duties under this Section 11, and the Restrictive Covenant Agreement will survive the expiration or earlier termination of this Agreement. 12. COVENANTS Upon completion of construction of the Facility, but no later than 30 days after issuance of a Certificate of Occupancy, Grant Recipient shall record the executed Restrictive Covenant Agreement, attached hereto as Exhibit F. 13. CONSTRUCTION OF THE FACILITY 13.1 Capital Improvements. Grant Recipient shall design, develop, and construct the Facility, features, and amenities in accordance with all applicable design(s), timelines, restrictions, environmental considerations, permitting determinations, neighborhood impact mitigations, and all other legal requirements. All contracted work by Grant Recipient, its agents, representatives, or subcontractors, shall be bonded and properly insured to ensure the complete and safe design and construction of all facilities, features, and amenities. As between Grant Recipient and the City, Grant Recipient will be solely responsible to comply with all applicable authorities and to obtain all necessary permits, approvals, and endorsements for the Project. 13.2 Warranties. With respect to all warranties, express or implied, for work performed or materials supplied in connection with the Project, Grant Recipient shall: Obtain all warranties, express or implied, that would be given in normal commercial practice from suppliers, manufacturers, contractors or installers; Require all warranties be executed, in writing; Be responsible to enforce any warranty of a contractor, subcontractor, manufacturer, or supplier. If, within an applicable warranty period, any part of the Facility or work performed to construct the Facility is found not to conform to specifications, permit requirements, or industry standard, Grant Recipient shall correct it promptly. 13.3Right to Inspect Construction. City personnel or agents may inspect the Project work at any time provided that such persons observe due regard for workplace safety and security. Grant Recipient specifically understands, acknowledges, and agrees that at a minimum, the City will inspect the Facility construction project before final completion of the Facility. 13.4 Design. Grant Recipient has retained a licensed architect and/or licensed professional engineer, registered in the State of Washington, who will prepare a Project design for the Facility and exterior landscaping, which visually blends with the setting. 13.5 Alteration of Site or Facility after Construction. After the Facility is completed and accepted by Grant Recipient and the City as defined herein, Grant Recipient will not make any material alteration to the Facility without express, written consent of the City. 13.6 Development and Construction Fees and Expenses. Grant Recipient will be responsible to obtain and pay for all necessary permits, fees, and expenses associated with the Project. 13.7 Public Works Laws. The City is providing funds to reimburse eligible costs up to a fixed Grant Award amount. Grant Recipient (and not the City) is responsible for design, development and construction of the Project and for all construction costs and risks, including all construction cost overruns. In no event shall the City be responsible for any costs associated with the construction of the Project. As owner of the property, Grant Recipient bears all ownership risks and responsibilities. The Grant Recipient certifies that all contractors and subcontractors performing work on the Project shall be paid prevailing wages in compliance with state Prevailing Wages on Public Works, Chapter 39.12 RCW. The Grant Recipient shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the City’s review upon request. Grant Recipient shall select Contractor(s) that are licensed contractors, where feasible shall use reasonable and practicable efforts to utilize a competitive public bidding process, and shall require adequate retainage and bonding. Grant Recipient will indemnify and defend the City should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws, regulations, and ordinances in connection with the improvements. 13.8 Minimum Scope and Limits of Insurance. Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit E – Insurance Requirements. 14. INTERNAL CONTROL AND ACCOUNTING SYSTEM Grant Recipient shall establish and maintain a system of accounting and internal controls sufficient to comply, and demonstrate compliance, with all financial, reporting, record keeping and other requirements under this Agreement. 15. MAINTENANCE OF RECORDS 15.1 Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, and Agreement deliverables, to ensure proper accounting for all Grant Award Funds and compliance with this Agreement 15.2 These records shall be maintained for six (6) years after the expiration or earlier termination of this Agreement. 16. RIGHT TO INSPECT The City reserves the right to review and approve the performance of Grant Recipient with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient’s records regarding this Agreement and the Project upon seventy-two (72) hours’ notice during normal business hours. 17. COMPLIANCE WITH ALL LAWS AND REGULATIONS Grant Recipient shall comply with all applicable laws, ordinances and regulations in using funds provided by the City and in completing the Project and providing programming at the Project, including, without limitation, those relating to providing programming on a nondiscriminatory basis, providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA). The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from the City; and further agrees that the City does not waive this Section by giving notice of demand for compliance in any instance. The Grant Recipient shall indemnify and defend the City should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 18. CORRECTIVE ACTION 18.1 If the City determines that a breach of contract has occurred or does not approve of the Grant Recipient’s performance, it will give the Grant Recipient written notification of unacceptable performance. Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by the City in its sole discretion in its written notification to Grant Recipient. 18.2 The City may withhold any payment owed Grant Recipient until the City is satisfied that corrective action has been taken or completed. 19. TERMINATION 19.1 If the termination results from acts or omissions of Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, Grant Recipient shall return to the City immediately any funds, misappropriated or unexpended, which have been paid to Grant Recipient by the City. 19.2 Any City obligations under this Agreement beyond the current appropriation biennium are conditioned upon the City Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current budget period. 19.3 The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, or upon reimbursement by the Grant Recipient to the City of all unexpended proceeds provided by the City pursuant to this Agreement and payment of all amounts due pursuant to Section 6. 20. FUTURE SUPPORT; UTILITIES AND SERVICE The City makes no commitment to support the Project or Facility contracted for herein and assumes no obligation for future support of the Projector Facility contracted for herein except as expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and agrees that the City shall not be liable to pay for or to provide any utilities or services in connection with the Project or Facility contemplated herein. 21. HOLD HARMLESS AND INDEMNIFICATION Grant Recipient 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 Grant Recipient, its 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 Grant Recipient and the City, its officers, officials, employees, and volunteers, Grant Recipient’s liability, including the duty and cost to defend, hereunder shall be only to the extent of Grant Recipient’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Grant Recipient’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. Grant Recipient’s duties under this Section 21 will survive the expiration or earlier termination of this Agreement. Grant Recipient shall include the two paragraphs above in any contracts with Contractor(s) for the Project, indemnifying and holding harmless the City, substituting references to Grant Recipient with references to Contractor(s). 22. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. 23. CONFLICT OF INTEREST Grant Recipient shall take appropriate steps to ensure that neither the Grant Recipient nor any Grant Recipient staff is placed in a position where, in the reasonable opinion of the City, there is or may be an actual conflict, or a potential conflict, between the pecuniary or personal interests of the Grant Recipient and the duties owed to the City under the provisions of the Agreement. Grant Recipientwill notify the City without delay giving full particulars of any such conflict of interest which may arise. 24. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 25. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. As between the City and Grant Recipient, Grant Recipient shall be responsible to operate and maintain the completed Facility at its own sole expense and risk. Grant Recipient shall maintain the completed Facility in good working condition consistent with applicable standards and guidelines. Grant Recipient understands, acknowledges, and agrees that the City is not responsible to operate or to maintain the Facility in any way. B. Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Grant Award Funds. Grant Recipient’s duties under this Section shall survive the expiration of this Agreement and remain in effect for the period set forth in Section 15. 26. ASSIGNMENT Grant Recipient shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the City. Grant Recipient must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 27. WAIVER OF BREACH OR DEFAULT Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the City, which shall be attached to the original Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent defaults. 28. TAXES Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 29. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is entered into in Spokane County, Washington. Disputes between City and Grant Recipient shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Grant Recipient 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 Grant Recipient’s services or other actions under this Agreement. Grant Recipient further agrees that the Arbitrator(s)’ decision therein shall be final and binding on Grant Recipient and that judgment may be entered upon it in any court having jurisdiction thereof. 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). 30.PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 31. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, City and Grant Recipient a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. It is understood and agreed that Grant Recipient 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 Grant Recipient. Any and all Grant Recipient employees who provide services to City under this Agreement shall be deemed employees solely of Grant Recipient. Grant Recipient shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 32. PERMITS AND LICENSES Grant Recipient shall complete theProject in accordance with all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities shall be performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project. 33. INTERPRETATION OF CITYRULES AND REGULATIONS If there is any question regarding the interpretation of any City rule or regulation, the City decision will govern and will be binding upon the Grant Recipient. 34.PUBLIC RECORDS. The Parties agree that all records of Grant Recipient 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 Grant Recipient before any disclosure, and provide Grant Recipient an opportunity to intervene through judicial process to resist release of such records. The City agrees not to object to Grant Recipient intervention in any judicial proceeding in which Grant Recipient 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 Grant Recipient of the request for and disclosure of such records as previously described. All annual reports and other related documents identified in this Agreement prepared by Grant Recipient 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 Grant Recipient 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 Grant Recipient shall have no liability for the use of Grant Recipient’s work product outside of the scope of its intended purpose. Grant Recipient may, from time-to-time, receive information which is deemed by City to be confidential. Grant Recipient shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 35. BUSINESS REGISTRATION Grant Recipient shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 36. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the City and Grant Recipient. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date written. The City of Spokane Valley Idaho Central Spokane Valley Performing Arts Center Title _______________________________ Title _____________________________ Date _________________________________ Date _____________________________ Exhibit A- Map of Facility/Location The Performing Arts Center is located at 13609 E. Mansfield Ave., Spokane Valley, WA 99216. The site is located just off the I-90 corridor between Evergreen and Sullivan, in the new Mirabeau neighborhood, next door to the east of the Tru by Hilton. It is a centrally located five-acre parcel, on the last piece of undeveloped riverfront property in the City of Spokane Valley. Exhibit B- Scope of Work I.INTRODUCTION Grant Recipient will design and construct the Performing Arts Center. II. OBJECTIVES The Performing Arts Center will house musical, theatrical, educational, and cultural programming that celebrates and further develops the artistic talents of the community, and that will serve as the regional epicenter for all things related to the professional performing arts. Grant Recipient is committed to providing access and educational opportunities to those below 80% AMI and youth through reduced fees and scholarship options. III. PROJECT DESCRIPTION The Performing Arts Center is approximately 59,000 square feet, including a 480+ seat Main Stage, a 200 seat Studio Theatre (with flexible seating), and a third floor event space with caterer’s kitchen for upwards of 400 people. In addition, the Performing Arts Center will have four soundproofed practice rooms for music instruction (one is a recording studio), full fly-system, hydraulic grid-system trap room beneath the main stage, spacious scenic and costume shops, rehearsal room and dance space, a large box office serving both performing spaces, three permanent and multiple portable concession/bars, green rooms and dressing rooms for both performance spaces, two “star” dressing rooms, offices, meeting room, three lobby spaces, and over 4,000 sq. ft. of storage. IV. CONSIDERATION/PUBLIC BENEFIT In consideration for the Award Amount, Grant Recipient agrees to provide the following public benefits at the Performing Arts Center. a. Provide programming at the Performing Arts Center on or before December 31, 2024; b. Operate the Performing Arts Center for the public purposes identified by this Agreement for a twenty (20) year period, as provided in the Restrictive Covenant Agreement; and c. Starting in 2025, provide scholarship opportunities or reduced fees in events, summer camps, and other educational opportunities to those otherwise eligible who are individuals and families with household incomes at or below 80% of the area median income. Exhibit C- Project Budget Financing Summary: Initial investment for land$1,750,000 Capital support income $24,700,000 Future campaign contributions $21,550,000 Total Source of Funds $48,000,000 Sources of Capital Bank Loans State Bank Northwest Secured as needed –Greg Deckard, CEO Idaho Central Credit Union Secured as needed –Brenda Worrell, CEO Total Bank Loans Secured as needed Construction and permanent financing has been arranged through State Bank Northwest (primary lender), and Idaho Central Credit Union (secondary lender). The initial construction loan will be a multiple advance, non-revolving line of credit with monthly construction draws and interest only payments for two years. At the maturity of the construction line of credit, the balance will be termed out over a 20-year amortization, with monthly principal and interest payments. As large grants and capital contributions are received, the monthly payment will be reduced to retain the original amortization after the principal balance is reduced. Purchase of land (complete) $1,750,000 Construction cost$32,700,000 Capital Campaign expense & FFE$3,300,000 Insurance, Construction Overhead, Taxes $7,900,000 Architectural Drawings/Plans (complete) 2,300,000 Total Buildings/Real Estate $48,000,000 Total Construction Costs Furniture, Fixtures and Equipment List (FFE) Lobby Furniture and Office Equipment $57,500 Equipment – Lighting and Sound add-on’s$57,500 Equipment Music and instruments$57,500 Scene Shop Machinery $23,000 Other - Costumes and Supplies $34,500 Total Capital Equipment $230,000 Exhibit D- Timeline, Milestones & Performance Metrics I. PROJECT TIMELINE, MILESTONES Facility completion: seeking occupancy May 31, 2024 Programming commencing: Conservatory (theatre education classes) begin June 2024 Ribbon-cutting, June 20, 2024 (first day of summer) Grand Opening July 26, 2024 with the first production on the Main Stage running 4 weeks. II. PERFORMANCE METRICS Grant Recipient shall deliver the following reports to the City related to the construction of and programming at the Performing Arts Center: a. During construction of the Facility, \[quarterly\] reports on construction progress. b. Annually, starting in 2026 and continuing to 2035, a report regarding Performing Arts Center programming for the previous year to include the number of reduced fees or scholarships awarded to those who are individuals and families with household incomes at or below 80% of st the area median income. This report shall be submitted to the City by March 31subsequent to the end of the calendar year being reported. c. Annually, starting in 2026 and continuing through 2035, a report on the number of patrons attending all events, including the number of patrons that traveled more than 50 miles, or traveled from outside of the State of Washington to utilize the Performing Arts Center. This st report shall be submitted to the City by March 31 subsequent to the end of the calendar year being reported. Exhibit E- Insurance Requirements Grant Recipient 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 Grant Recipient, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Grant Recipient’s required insurance shall be of the types and coverages as stated below: i. 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 Grant Recipient’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. ii. Workers’ compensation coverage as required by the industrial insurance laws of the State of Washington. iii. Professional liability insurance appropriate to Grant Recipient’s profession. B. Minimum Amounts of Insurance. Grant Recipient shall maintain the following insurance limits: i. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. i. 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. Grant Recipient’s policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: i. Grant Recipient’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 Grant Recipient’s insurance and shall not contribute with it. ii. Grant Recipient 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 Grant Recipient 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 Grant Recipient, irrespective of whether such limits maintained by Grant Recipient 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 Grant Recipient. iv. Failure on the part of Grant Recipient 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 Grant Recipient 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 Grant Recipient 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, Grant Recipientshall 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. Exhibit F- Restrictive CovenantAgreement When Recorded Return to: City Clerk The City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 THE CITY OF SPOKANE VALLEY RESTRICTIVE COVENANT AGREEMENT GRANTOR: Idaho Central Spokane Valley Performing Arts Center, a nonprofit corporation GRANTEE: The City of Spokane Valley, a municipal corporation of the State of Washington ABBREVIATED LEGAL DESCRIPTION: 10-25-44: LOTS 3,5 AND 6 OF MIRABEAU BINDING SITE PLAN (BSP-2020-0002), EXCEPT THAT PORTION OF LOT 3 DESCRIBED AS FOLLOWS: THENCE S67Â°15'19"E A DISTANCE OF 194.81 FEET ALONG THE NORTH LINE OF SAID LOT ASSESSOR’S TAX PARCEL NO.: 45104.1105 THE CITY OF SPOKANE VALLEY RESTRICTIVE COVENANT AGREEMENT This Restrictive Covenant Agreement (the “Covenant Agreement”) is effective as of the day of, 2023, and is made and executed by the Idaho Central Spokane Valley Performing Arts Center (the “Grant Recipient”), and by and in favor of the City of Spokane Valley (the “City”), a municipal corporation of the State of Washington (the “City”). In this Covenant Agreement, Grant Recipient and the City may also be referred to collectively as the “Parties” and individually as “Party.” RECITALS A. Grant Recipient is the owner of real property located in the City of Spokane Valley, State of Washington, legally described in Exhibit A, attached hereto and made part hereof (the “Property”). B. Pursuant to an agreement, between the City and Grant Recipient, dated _______ 2023, Grant Recipient has constructed a performing arts center (the “Facility”) on the Property for the purpose of providing musical, theatrical, educational and cultural programming for the public. A map of the Property and Facility is attached to and made part of this Covenant Agreement as Exhibit B. C. The purpose of this instrument is to place on record those certain Restrictive Covenants (as defined below) which, pursuant to the City’s funding of the Project in the amount of $785,714 to construct the Facility on said Property, requires that the Facility be restricted to uses in accordance with the funds used to construct said Facility. The Property was acquired by deed recorded under recording No. 4251-3962683, between Centennial Properties, Inc. and Idaho Central Spokane Valley Performing Arts Center. COVENANT AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein, Grant Recipient and the City agree, covenant and declare that the Facility is subject to the following restrictive covenants, which covenants shall run with the land and burden the Facility 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. Covenant. Grant Recipient 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, Grant Recipient and its successors and assigns and all subsequent owners of the Facility, 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 Facility, shall contain an express provision making such conveyance subject to the covenants and conditions of this Covenant Agreement, provided however, 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. Term. Grant Recipient covenants and declares on behalf of itself and all heirs, assigns, and successors in interests into whose ownership the Facility might pass that the Facility will be preserved and maintained in accordance with the restrictions and obligations described in this Covenant Agreement for at least twenty (20) years. It is the intent of the Grant Recipient that such covenants shall supersede any prior interests Grant Recipient has in the Property and Facility 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 or Facility. Grant Recipient and the City agree that the City shall have standing to enforce these covenants. 3. Public Purpose. Grant Recipient acknowledges thatthe Facility was constructed on the Property for public purposes with funding from the City, and Grant Recipient covenants that the Facility will be used asa performing arts center providing musical, theatrical, educational and cultural programming to the public, which constitutes the public purpose of the Grant Award, and that the Facility shall not be converted to a different status or use for a period of twenty (20) years unless a full reimbursement of the City award amount is made to the City. 4. Public Access. Grant Recipient covenants that it and any successor in interest will maintain the Facility for as a performing arts center that constitutes the public purpose of the Grant Award. The Facility shall be open and accessible to the public at reasonable hours and times. Grant Recipient 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 Facility shall be no greater than those generally charged by public operators of similar facilities in the City. 5. Parties Bound. This Covenant Agreement shall benefit and be enforceable only by City and Grant Recipient 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 Grant Recipient, its successors, designees or assigns for violation of this Covenant Agreement: a. Default. If Grant Recipient fails to observe or perform any of the terms, conditions, obligations, restrictions, covenants, representations or warranties of this Covenant Agreement, and if such noncompliance is not corrected as provided herein, then such noncompliance shall be considered an event of default. b.Notice of Default. Before the City pursues a remedy against Grant Recipient for breach of this Covenant Agreement, the City shall provide written notice specifying the default to Grant Recipient. Grant Recipient shall thereafter have a thirty (30) day period to cure such default (or if such default is not capable of cure within thirty (30) days, such additional period as is reasonably necessary for Grant Recipient to complete such cure, provided that Grant Recipient commences cure within such thirty (30) day period and thereafter diligently pursues it to completion). c. City’s Remedies. The City shall have available all remedies under law and equity. 7. 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. 9. Miscellaneous Provisions. 9.1 Agreement to Record. Grant Recipient shall cause this Covenant Agreement to be recorded in the real property records of Spokane County, Washington. Grant Recipient shall pay all fees and charges incurred in connection with such recording and shall provide the City with a copy of the recorded document. 9.2 Time of the Essence. Time is of the essence of this Covenant Agreement and of every provision thereof. 9.3 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: If to the City of Spokane Valley: City Clerk City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 If to Idaho Central Spokane Valley Performing Arts Center: Idaho Central Spokane Valley Performing Arts Center P.O. Box 1368 Spokane Valley, WA 99037 9.4 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. 9.5 A mendments. 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. 9.6 Governing Law; Venue; Attorneys’ Fees. This Covenant Agreement is entered into in Spokane County, Washington. Disputes between City and Grant Recipient shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Grant Recipientagrees 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 Grant Recipient’s services or other actions under this Agreement. Grant Recipient further agrees that the Arbitrator(s)’ decision therein shall be final and binding on Grant Recipient and that judgment may be entered upon it in any court having jurisdiction thereof. 9.7 Reliance. The City and Grant Recipient hereby recognize and agree that the representations and covenants set forth herein may be relied upon by each other. 9.8 No Conflict with Other Documents. Grant Recipient 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 are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. 9.9 Sale or Transfer of the Facility. Grant Recipient agrees to notify the Cityat least thirty (30) days’ prior to any sale or other transfer of Grant Recipient’s ownership interest in the Facility. 9.10 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. o Third Party Beneficiaries. This agreement is made and entered into for the 9.11 N 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, Idaho Central Spokane Valley Performing Arts Center and the City have executed this Covenant Agreement on the date set forth above. GRANT RECIPIENT: Idaho Central Spokane Valley Performing Arts Center By: THE CITY OF SPOKANE VALLEY, a municipal corporation of the State of Washington By: _____________________________ Name: __________________________ Its: _____________________________ \[Notary Block on following page\] STATE OF WASHINGTON ) ) ss. COUNTY OF SPOKANE ) I certify that I know or have satisfactory evidence that ____________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ____________________ Idaho Central Spokane Valley Performing Arts Center which is the _______________ of Idaho Central Spokane Valley Performing Arts Center to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ___________________ ________________________________ NOTARY PUBLIC Print Name: _____________________ My Commission Expires: ___________ STATE OF WASHINGTON ) ) ss. COUNTY OF SPOKANE ) I certify that I know or have satisfactory evidence that ____________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ____________________ of THE CITY OF SPOKANE VALLEY, a municipal corporation of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ___________________ ________________________________ NOTARY PUBLIC Print Name: _____________________ My Commission Expires: ___________ RESTRICTIVE COVENANT AGREEMENT EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SPOKANE, STATE OF WA, AND IS DESCRIBED AS FOLLOWS: LOTS 3, 5 AND 6 OF MIRABEAU BINDING SITE PLAN BSP-2020-0002, RECORDED IN BOOK 4 OF BINDING SITE PLANS, PAGES 68-69; EXCEPT THAT PORTION OF SAID LOT 3 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, COMMON CORNER WITEJ.LOT 2 OF SAID BINDING SITE PLAN; THENCE S67°15'19"E, 194.81 FEET, ALONG THE NORTH LINE OF SAID LOT 3; THENCE S22°44'41"W, 290.79 FEET, PARALLEL WITH THE EAST LINE OF SAID LOT 3; THENCE N80°35'26"W, 67.78 FEET TO AN ANGLE POINT OF SAID LOT 3; THENCE N80°35'26"W, 238.68 FEET, ALONG THE SOUTH LINE OF SAID LOT 3 TO THE EAST RIGHT-OF-WAY LINE, OF MIRABEAU PARK.WAY; THENCE NORTHEASTERLY ALONG SAID EAST RIGHT-OF-WAY TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION OF LOT 3 OF MIRABEAU BINDING SITE PLAN BSP- 2020- 0002, RECORDED IN BOOK 4 OF BINDING SITE PLANS, PAGES 68-69, BEING A PORTION OF LAND SITUATED IN THE SOUTHEAST QUARTER SECTION 10, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF MIRABEAU PARKWAY AND MANSFIELD AVENUE; THENCE S50°28'07"E, 77.99 FEET ALONG THE CENTERLINE OF SAID MANSFIELD AVENUE TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 415.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41°24'58", AN ARCH DISTANCE OF 299.98 FEET TO A POINT OF REVERSE CURVATURE OF FUTURE MANSFIELD AVENUE; THENCE N0l 053'05"W, 24.00 FEET ALONG THE RADIAL BEARING OF SAID CURVE TO THE SOUTHWEST CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RADIAL BEARING A DISTANCE OF 3.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 388.00 FEET AND A RADIAL BEARING FROM THE RADIUS POINT OF SAID CURVE OF SOI053'05"E; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°10'15", AN ARC DISTANCE OF 143.37 FEET; THENCE S11°11'37"W, 45.25 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 574.00 FEET AND A RADIAL BEARING FROM THE RADIUS POINT OF SAID CURVE OF NI 1°11'37''E; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°04'42", AN ARC DISTANCE OF 131.02 FEET TO THE POINT OF BEGINNING. SITUATED IN THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, STATE OF WASHINGTON. RESTRICTIVE COVENANT AGREEMENT EXHIBIT B PROPERTY AND FACILITY MAP EXHIBIT G PREVAILING WAGE CERTIFICATION The GRANT RECIPIENT, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the Project funded by this Agreement, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANT RECIPIENT shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the City of Spokane Valley’s review upon request. For any funds are used by the GRANT RECIPIENT for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANT RECIPIENT, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANT RECIPIENT’s governing body as of the date and year written below. _____________________________________ DATE: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Update on graffiti removal GOVERNING LEGISLATION: NA PREVIOUS COUNCIL ACTION TAKEN: Administrative Report on January 10, 2023 BACKGROUND: In fall of 2022, the City received a $3,000 grant to be used towards community clean-up as part of the Greater Spokane Community Safety Initiative. Funded through the Washington State Department of Commerce, the Greater Spokane Community Safety Initiative is a program of the Greater Spokane Substance Abuse Council. The City has worked with SCOPE to purchase graffiti removal supplies and use them as part of a pilot program to address graffiti in Spokane Valley. Since late spring, the City has been addressing graffiti on both public and private property through several different means. First, the City utilizes Revival, our contracted ROW maintenance team, to address graffiti on City property. This includes graffiti on bridges, stormwater facilities, and other City property. Secondly, to address graffiti on private property, we have coordinated with SCOPE to (1) obtain graffiti locations from Crime Check, (2) obtain consent from businesses to enter and paint over graffiti, and (3) to use the supplies purchased through the grant to paint over graffiti on private property. SCOPE volunteers and SVPD Officers have been using the City’s GIS app to locate new graffiti and to allow SCOPE to use that information to quickly address it. To date, SCOPE has engaged seven volunteers who have begun actively working clean up. They have cleaned at least 15 sites to date and continue to increase coverage. As part of its work, SCOPE has partnered with Fairchild Air Force Base, Horizon Credit Union, and the City for a one day City-wide graffiti clean-up event on July 20. Volunteers will be teamed with SCOPE team members and given sites to clean and the group will work to clean as much of the City as possible. SCOPE has expended all of the grant funds to acquire equipment and paint, but is still using the supplies to clean graffiti, including for the City clean-up day. Staff continue to monitor the usage to develop an accurate cost of what a full-time graffiti removal program would cost and will return at a later date with such information. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: Supplies and equipment have been purchased with grant funds. The City pays a portion of SCOPE’s costs through the Law Enforcement Interlocal Agreement. STAFF CONTACT:Erik Lamb, Deputy City Manager; Chris Conway, SCOPE Director. ATTACHMENTS: PowerPoint presentation CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Administration Report- Pines Road/BNSF Grade Separation Project Update GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: May 7, 2013: Administrative report, Bridging the Valley, June 23, 2015: Council passed Resolution No. 15-005 adopting the 2016-2021 Six Year Transportation Improvement Program (TIP), which included the project January 10, 2017: Motion consideration to acquire Pinecroft property February 28, 2017: Council passed Resolution 17-006, amending the 2017 TIP which included the project March 28, 2017: Administrative report seeking Council consensus to move forward with project design May 23, 2017: Resolution No. 17-011 adopting the 2018-2023 Six-Year TIP, which included the project July 11, 2017: Motion consideration to select a Consultant for Phase 1 Design October 17, 2017: Admin Report on Design Alternatives March 27, 2018: Motion consideration to apply for Spokane Regional Transportation Council’s (SRTC) federal grants, including the project May 22, 2018: Motion consideration to apply for Consolidated Rail Infrastructure and Safety Improvements Program, FY2017, (CRISI #1) grant for the project June 5, 2018: Motion consideration to apply for Better Utilizing Investments to Leverage Development (BUILD) grant August 21, 2018: Motion consideration to apply for Consolidated Rail Infrastructure and Safety Improvements Program, FY2018, (CRISI #2) grant December 4, 2018: Admin Report on Design Alternatives June 4, 2019: Admin Report on Design Alternatives June 4, 2019: Motion consideration to apply for BUILD grant June 18, 2019: Motion consideration to advance Alternative 2 to Phase 2 design April 14, 2020: Motion consideration to apply for BUILD grant May 5, 2020: Motion consideration to authorize city manager to execute design agreement with HDR July 7, 2020: Motion consideration to authorize city manager to acquire the DeWitt Living Trust property July 7, 2020: Motion consideration to authorize city manager to acquire the DeRuwe property April 12, 2022: Motion consideration to authorize city manager to accept Avista Property Donation BACKGROUND: Since 2017, the City has been working on the design of the Pines Road/BNSF Railroad Grade Separation Project. Design is nearing completion and staff is actively working on the Burlington Northern Santa Fe (BNSF) agreement, right-of-way (ROW) acquisition, the RAISE grant agreement, and utility relocations with several purveyors. Staff has extensively coordinated withBNSF and is negotiatinga Construction and Maintenance (C&M) agreement. This agreement currently includes the construction of the bridges by BNSF forces, property rights for the permanent easement, and project construction/maintenance requirements. The city is waiting for comments from BNSF to finalize the agreement. BNSF expects to complete the bridge work this fall. Seven properties were acquired using the early ROW acquisition process, including three that were donated from Avista. The final ROW phase includes partial acquisitions from twelve additional property owners. Of the remaining twelve property owners, the city has finalized negotiations with five property owners. Three of the property owners are considered low risk including Avista, BNSF, and East Valley School District. Staff expects that these acquisitions will be completed in the upcoming weeks. The acquisitions required from Lawless, Lawless Farrow Investments, BBR Investments, and BMN Investments are higher risk and could jeopardize the project schedule. City staff will continue negotiations with all remaining property owners but recommends proceeding with a Final Action Ordinance to initiate the eminent domain process in case negotiations cannot be completed in a timely manner. Staff is also working with the Federal Rail Administration (FRA) on the execution of the RAISE agreement. The RAISE agreement needs to be executed prior to the start of construction. Design contract documents will be finalized after all property rights are acquired. The BNSF C&M agreement, ROW acquisition, final design, and execution of funding agreements will all need to be completed to begin construction next year. OPTIONS: Discussion only RECOMMENDED ACTION OR MOTION: Discussion only BUDGET/FINANCIAL IMPACTS: The project is fully funded with a combination of local, state and federal funds. STAFF CONTACT: Gloria Mantz, PE – City Engineer Erica Amsden, PE – CIP Engineering Manager ___________________________________________________________________________ ATTACHMENTS: Presentation Draft Final Action Ordinance DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 23-XXX AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND AND REAL PROPERTY INTERESTS FOR THE PURPOSE OF CONSTRUCTION AND IMPLEMENTATION OF THE PINES ROAD/BNSF GRADE SEPARATION PROJECT; PROVIDING FOR CONDEMNATION AND TAKING OF LAND AND REAL PROPERTY INTERESTS NECESSARY THEREFOR; PROVIDING FOR THE COSTS OF SAID PROPERTY ACQUISITION; DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE; AND OTHER MATTERS RELATING THERETO. WHEREAS, by 2006 the Spokane Regional Transportation Council had identified a grade separation of Pines Road and BNSF railroad tracks as a means of supporting freight mobility and improving safety; and WHEREAS, the current plan of the Spokane Regional Transportation Council, known as Horizon 2045, identifies a Pines Road/BNSF grade separation project as a regionally significant project; and WHEREAS, the Spokane Valley Comprehensive Plan 2017-2037, adopted December 2016 by Ordinance 16-018, amended by Ordinance 18-014, and by Ordinance 19-004, states on page 5-84 that “Spokane Valley continues to strongly support the grade separation projects of the BNSF mainline at major roads like Park, Pines, and Barker.”; and WHEREAS, through the adoption of the 2023 Annual Budget, the City Council’s goals include advancing “the Pines Road/BNSF Grade Separation project to construction….”; and WHEREAS, the City conducted a process of assessing design criteria and basis of design that included benefit-cost analysis and value engineering, which resulted in a final version of the Pines Road/BNSF Separation project that includes: 1) grade separation of Pines Road and the BNSF railroad tracks; 2) replacement of the existing signalized intersection at Pines Road/Trent Avenue with a roundabout; and 3) sidewalk and ADA accessible improvements (hereafter the “project”); and WHEREAS, the above-stated actions of the City Council were, and are, consistent with state law and with the City’s Comprehensive Plan; and WHEREAS, the City Council has found that the public health, safety, necessity, and convenience demand that the project be undertaken at this time and that in order to carry out the project it is necessary at this time for the City to acquire land and real property interests described herein; and WHEREAS, the City Council finds and declares it necessary and in the best interest of the public that land and real property interests described herein be condemned, appropriated, and taken for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and WHEREAS, notice of the planned final action set forth herein was duly provided in accordance with RCW 8.12.005 and RCW 8.25.290. Ordinance 23-XXX Pines Road/BNSF Grade Separation Project Page 1 of 3 DRAFT NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Public Use and Necessity. The certain land and real property interests within the City of Spokane Valley and unincorporated Spokane County, Washington, in the vicinity of the crossing of Barker Road of BNSF railroad tracks near Trent Avenue (SR 290) in the City of Spokane Valley and unincorporated Spokane County, Washington, and further described in the attached Exhibits.(subsequently referred to collectively as the “property”), are necessary for construction of the Pines Road/BNSF Grade Separation project. The City of Spokane Valley finds that construction of the project is a public use, specifically including: 1) grade separation of Pines Road and the BNSF railroad tracks; 2) replacement of the existing signalized intersection at Pines Road/Trent Avenue with a roundabout; and 3) sidewalk and ADA accessible improvements. The City Council specifically finds that construction of the project is necessary and in the best interest of the citizens. Section 2. Funding. The project, including the cost and expense of acquiring the property, will be paid from any of several funding sources, including federal funding, state funding, and the allocation of funds directly from the City, and from other monies applicable thereto or that the City may obtain. The City Manager or his designees are hereby authorized to continue negotiations with and make offers to the owners of the property for the purposes of making or paying just compensation and to approve the payment of just compensation as negotiated with said owners or as ordered by the Court. Section 3. Eminent Domain. In the absence of negotiated purchases with the owners of the property, the City Manager and/or his designees are hereby authorized to commence condemnation proceedings for the property, pursuant to law, to determine and make or pay just compensation, and to take such other steps as may be necessary to complete acquisition of the property. In so doing, the City Manager and/or his designees are authorized to adjust the extent of the property and property interests taken or acquired to facilitate implementation of this ordinance, provided that such adjustment shall not be inconsistent with the project. Nothing in this ordinance limits the City in its identification and acquisition of property and property rights necessary for these purposes. The City reserves the right to acquire other or different property in support of the project, as the same exists or may in the future be revised. The City Manager and/or his designees are further authorized to approve and enter into any and all such agreements, stipulations, and orders necessary to carry out the provisions of this Ordinance. Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 5. Corrections. Upon the approval of the City Attorney, the City Clerk is authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Section 6. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. Passed by the City Council of the City of Spokane Valley this ___ day of July, 2023. Ordinance 23-XXX Pines Road/BNSF Grade Separation Project Page 2 of 3 DRAFT ATTEST: Pam Haley, Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Date of Publication: _____________ Effective Date: _________________ Ordinance 23-XXX Pines Road/BNSF Grade Separation Project Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: Council Goals and Priorities for Lodging Tax Advisory Committee (LTAC). GOVERNING LEGISLATION: State Law RCW 82.08 and 67.28; Spokane Valley Municipal Code 3.20 PREVIOUS COUNCIL ACTION TAKEN: No action on the 2023 process leading to 2024 awards has been taken thus far. Council goals and priorities for using lodging tax revenues to benefit tourism in Spokane Valley were last reviewed by Council on August 16, 2022. BACKGROUND: The Tax Rate: Pursuant to SVMC 3.20.010, the City has imposed and levied a total tax of 3.3 percent on the furnishing of lodging that occurs with Spokane Valley. The total tax is made of two portions and each portion may be used for different purposes. “2% Portion”: The amounts from the first 2% are referred to as the “2% Portion” and may be used for any and all of the four purposes allowed by State law (identified below). All financial activity for the 2% portion is recorded in City’s Hotel/Motel Tax Fund #105. Historically, the City’s lodging tax awards have come from the 2% portion. This tax is taken as a credit against the 6.5% state sales tax, so that the total tax a patron pays in retail sales tax and the hotel/motel tax combined is equal to the retail sales tax in the jurisdiction – which for Spokane Valley is 8.9%. The estimated revenues for the initial 2% lodging tax in the 2023 Budget is currently $900,000. This revenue stream has completely recovered to pre-pandemic levels and even historic highs after being heavily affected by pandemic related closures. “1.3% Portion”: The amounts in Fund #104 from the additional 1.3% are referred to as the “1.3% Portion” and have specifically been limited by City Council to be used “solely for capital expenditures for acquiring, constructing, making improvements to or other related capital expenditures for large sporting venues, or venues for tourism-related facilities, which facilities generate overnight guests at lodging facilities….” See SVMC 3.20.020(B). All financial activity for the 1.3% portion is recorded in City’s Hotel/Motel Tax – Tourism Facilities Fund #104. This tax is in addition to the existing 8.9% sales tax imposed in Spokane Valley, and when combined with a 2.0% lodging tax imposed by the Spokane Public Facilities District, it causes the total lodging tax rate in Spokane Valley to equal 12.0%. The current estimate for this tax in the 2023 Budget is $600,000. As discussed above with the 2% tax, this revenue stream has recovered from the impacts of the COVID-19 pandemic. Page 1 of 5 The combined sales and lodging tax rates are shown in the table below: Tax Components RetailHotel Sales tax State of Washington6.50%4.50% City of Spokane Valley0.85%0.85% Spokane County0.15%0.15% Criminal Justice0.10%0.10% Spokane PFD0.10%0.10% Public Safety0.10%0.10% Juvenile Jail0.10%0.10% Mental Health0.10%0.10% Law Enforcement Communications0.10%0.10% Spokane Transit Authority0.80%0.60% Total sales tax8.90%6.70% Lodging tax City of Spokane Valley (initial 2.0% tax)0.00%2.00% City of Spokane Valley (additional 1.3% tax)0.00%1.30% Spokane PFD0.00%2.00% Total lodging tax0.00%5.30% Total tax8.90%12.00% Lodging Tax Advisory Committee (LTAC) The organizations to which the tax proceeds are distributed are ultimately determined by the City Council which receives a recommendation from the LTAC. The LTAC is comprised of five members who are appointed by the City Council, and by State law the Committee 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. State Rules Governing Use of the Initial 2% Lodging Tax Washington law allows the City to impose lodging taxes and to use the revenues for the following purposes: Tourism marketing. The marketing and operations of special events and festivals. The operations and capital expenditures of tourism-related facilities owned or operated by a municipality or public facility district. The operations (but not capital expenditures) of tourism-related facilities owned or operated by non-profit organizations. Washington law also establishes application and reporting procedures for cities with a population of greater than 5,000. Applicants must submit their applications to the Lodging Tax Page 2 of 5 Advisory Committee (LTAC) including in that application estimates of how money awarded to them will result in increases in the number of people traveling for business or pleasure on a trip in the following categories: Away from their place of residence or business and staying overnight in paid accommodations; To a place 50 miles or more one way from their place of residence or business for the day or staying overnight; or From another country or state outside their place of residence or their business. 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. Council Goals and Priorities for Use of the Initial 2% Lodging Tax Annually Council discusses and adopts goals and priorities that it encourages the LTAC to consider when making award recommendations. As of the 2023 award year, these goals are as follows: 1. Council desires to direct awards toward funding new and innovative projects, activities, events or festivals that will distinguish Spokane Valley as a tourism destination and result in increases to Spokane Valley tourism. As part of this goal, Council will use lodging taxes for the purposes allowed in State law, which include: a. Tourism marketing b. The marketing and operations of special events and festivals c. The operation and capital expenditures of tourism related facilities owned or operated by a municipality or public facility district d. The operation (but not capital expenditures) of tourism related facilities owned or operated by non-profit organizations. 2. Council will prioritize funding for destination marketing projects that promote the City as a tourist destination and for capital expenditures to develop tourism destination facilities or venues within Spokane Valley as a means of drawing additional visitors to the City (recognizing that this option is limited to facilities owned by a municipality or public facility district). 3. Council recognizes that lodging nights are an important measure of a successful event or marketing program and will place higher consideration on events or programs with a demonstrable history of increasing overnight stays. Council may also take into consideration to a lesser degree the economic impact of all major components of our tourism-based economy including shopping, dining and overnight visits. 4. Council will take into consideration revenues received by applicants that were derived from other sources within Spokane Valley and other municipal entities and agencies such as any standing Tourism Promotion Authority and the Spokane Public Facilities District. Page 3 of 5 5. An award to any particular applicant cannot be greater than the dollar amount requested in that applicant’s application. 2023 Timeline Leading to 2024 Awards of the 2.0% Portion Lodging Tax The calendar we plan to follow in 2023 for 2024 lodging tax awards is as follows: Tues7/18/2023Admin Report - Review Council goals and priorities for use of lodging tax proceeds. Tues8/8/2023Motion seeking Council approval of goals and priorities for the use of lodging tax proceeds. Fri8/25/2023City runs notice in newspaper, places on web site, and sends letters to 2023 award recipients and others agencies that may have expressed interest. Fri9/29/2023Grant proposals are due to City by 4pm (no late submittals will be accepted). Fri10/6/2023Applications sent to Lodging Tax Advisory Committee for review. Mid - OctoberApplicant presentations to Committee. Tues11/7/2023Formal Council Meeting Admin Report: LTAC Recommendations to City Council Tues12/12/2023Formal Council Meeting City Council Motion Consideration: Award Lodging Tax for 2024 Applicant Requirements Beginning in 2023, the application and award process was opened to for-profit organizations as well as non-profit organizations for tourism promotion projects. Prior to this, the City has historically limited applicants for lodging tax awards to non-profit organizations; however, there is no limitation in State law that requires recipients of lodging tax awards to be non-profits for tourism promotion purposes, and the limitation appears to have been a policy decision by the City. Allowing all types of entities to apply for tourism promotion awards broadened the type and scope of projects that were considered for award during the 2023 process. This being the case, the 2024 application and award process will again be open to for-profit organizations as well as non-profit organizations for tourism promotion projects. OPTIONS: Discussion of Council goals and priorities for lodging taxes to be communicated to the LTAC and applicants. RECOMMENDED ACTION OR MOTION: This is a discussion item only, but staff is: 1. Seeking consensus from the Council on the goals and priorities the LTAC should consider when evaluating applications; this is scheduled to come before Council as a motion th consideration at the August 8 Council meeting; and 2. Communicating to Council that the 2024 Budget is again being developed to set aside $30,000 of lodging tax revenues to enhance CenterPlace advertising expenses resulting in an increase in that marketing budget from $30,000 to $60,000. The Council is able to make this decision independent of any input from the LTAC because this represents a historical use by the City. If the City desired the use of any additional lodging tax proceeds, it would be required to utilize the same application process noted above that is required of all other agencies seeking funding. Page 4 of 5 BUDGET/FINANCIAL IMPACTS: In 2023 the 2% portion of the lodging tax is currently budgeted at $900,000 and the 1.3% portion at $600,000. Lodging tax collections have exceeded pre-pandemic levels. We will be watching revenue collections closely as the year progresses; however, staff expects 2024 budgeted amounts to approximate the 2023 budgeted amounts. STAFF CONTACT: Chelsie Taylor, Finance Director; Sarah Farr, Accountant/Budget Analyst ___________________________________________________________________________ ATTACHMENTS: 2% Lodging Tax Award History – 2019 through 2023 Page 5 of 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 2023 Department Director Approval: Check all that apply: consent old business C new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE:AdministrativeReport: Community Development Block Grant (CDBG) Consortium Agreement GOVERNING LEGISLATION: CDBG – Federal Department of Housing and Urban Development (HUD); Chapter 39.34 RCW PREVIOUS COUNCIL ACTION TAKEN: In 2020, the City entered into a three-year interlocal agreement (2021, 2022 and 2023) to participate in the Spokane County (County) CDBG Consortium. On June 27, 2023, City Council elected to defer its entitlement and to participate as part of the urban county consortium. BACKGROUND: Staff discussed the upcoming requalification deadline for the CDBG program, and potential options for moving forward May 9, May 23, June 20, and June 27, 2023. According to HUD, the City’s CDBG and HOME allocation for 2023 is $605,710 and $402,820, respectively. In 2023, the County qualified for ESG funding for the first time in the amount of $146,506. The City is not entitled to ESG funds. Since 2005, the City has elected to defer its entitlement and participate as part of the urban county consortium. The following options were discussed with Council and also their financial impact to the City and the region: 1. Accept entitlement status and receive CDBG funds directly from HUD. 2. Accept entitlement status and enter into a joint agreement with Spokane County. 3. Defer entitlement status and participate through the State CDBG program; or 4. Defer entitlement status and participate as part of the urban county with Spokane County. Council discussed extensively the benefits, challenges, and cost implications to the City and region of Option 1 and Option 4 in light of the ongoing discussions of a potential entity that may be formed to handle homelessness for the region. The current proposal from the volunteer team that is leading this effort is to transfer all of the federal, state and local funds that come to region for homelessness, housing, mental health and criminal justice, including HUD entitlement funds. Council was concerned if the City continued to defer entitlement and participated as part of the urban county consortium that the City’s allocation for CDBG and HOME could be transferred to the potential regional entity without Council consent. Staff had numerous discussions with Spokane County staff, including Housing and Community Development Administrator, George Dahl and Spokane County CEO, Scott Simmons. City staff have indicated that City control over City’s set-aside is a critical issue and requested input from Spokane County on whether they would entertain such proposed language. Prior to the last council meeting on June 27, 2023, the County had not provided formal comment to the City’s proposed changes to the agreement and could not assure that it would agree to a status quo agreement that retains the existing set-aside pending the Board of County Commissioners’ decision on participation in the regional homeless entity. They further stated that they are in a holding pattern until after the Regional Homeless Entity public presentation on June 28, 2023. After much discussion, Council passed a motion choosing Option 4 on June 27, 2023, and directed staff to continue to negotiate the consortium agreement with Spokane County. County and City staff have had multiple meetings to discuss potential changes to the agreement. Spokane County staff will discuss the agreement with the board of County Commissioners on July 18, 2023. Page 1 of 2 The latest draft agreement is attached. Changes will be discussed in detail at the Council meeting on July 18. HUD requires that the executed agreement be submitted to them by August 4, 2024. OPTIONS: Discussion only RECOMMENDED ACTION OR MOTION: Discussion only BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Erik Lamb, Deputy City Manager; Gloria Mantz, City Engineer ATTACHMENTS: Cooperation Agreement for CDBG and Related Funds Page 2 of 2 SpokaneCounty WASHJNGTOK HOUSING,ANDCOMMUNITYDEVELOPMENTDEPARTMENT George Dahl, Administrator \[DATE\] Mr. John Hohman City Manager City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 Dear Mr. Hohman: Enclosed is your executed Interlocal Cooperation Agreement for participating in the Spokane County Urban Consortium for 2021-2024-20276. Thank you. Sincerely, ____\[County Staff Signature\]________________ \[County Staff Name\] \[County Staff Title\] Enclosures www.spokanecounty.org/CSHCD 312 West 8th Avenue, Spokane, Washington 99204 509.477.5722 T I 800.273.5864 I 800.833.6384 Relay I 509.477.6827F COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND RELATED FUNDS (HOME, ESG, AHTF, HHAA) THIS AGREEMENT, made and entered into by and between Spokane County (hereinafter called the County) and the City of Spokane Valley (hereinafter called the City) this ______ day of _______, 2023. WITNESS ETH WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of I 96LI, the Fair Housing Act, Section I 09 of Title I of the Housing and Community Development Act of 1974 and other applicable laws, Spokane County is entitled to receive Community Development Block Grant (CDBG) funds for federal fiscal years 2021, 20222024, 2025, and 20232026; and WHEREAS, the amount of CDBG funds to which the County may be entitled is in part dependent upon the population of other CDBG eligible applicant cities and towns which by this Agreement elect to participate in the CDBG and HOME Entitlement Program with the County; and WHEREAS, the purpose of this Cooperation Agreement. which is entered into pursuant to, and in accordance with the State Interlocal Cooperation Act, RCW 39.34 is to plan for. and administer the CDBG Program and the HOME Investment Partnership Program (HOME). NOW, THEREFORE, in consideration of the mutual promises made herein and the mutual benefits received hereunder, the parties agree as follows: I. The City may not apply for grants under the Small Cities or StaleState CDBG Programs from appropriations for fiscal years 2021, 20222024, 2025, and 20232026, the years during which the City is participating in the Spokane County CDBG and HOME Program. 2. The City may not participate in a HOME consortium except through Spokane County, regardless of whether Spokane County receives a HOME formula allocation. 3.The Spokane County urban county qualification period is federal fiscal years 2021, 20222024, 2025, and 20232026. 4. This Agreement remains in effect until the CDBG and HOME funds and income received for federal fiscal years 2021, 20222024, 2025, and 20232026 are expended and the funded activities are completed. The County and the City may not terminate or withdraw from this Agreement while the Agreement remains in effect. 5. The County and the City agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities. 6. The County and the City will take all actions necessary to assure compliance with the urban county's certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and affirmatively furthering fair housing. This includes the obligation to comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, as well as obligation to comply with other applicable laws. 7. The County will not use CDBG or HOME funding for activities in, or in support of a City that does not affirmatively further fair housing within the City's jurisdiction or that impedes the County's actions to comply with the County's fair housing certification. 8. The City has adopted and is enforcing: a) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and, b) a policy of enforcing applicable State and local laws against physically barring entrance to, or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within jurisdictions. 9. The County and the City will not obstruct the implementation of the approved Consolidated Housing and Community Development Plan and subsequent Annual Action Plan(s) during the period covered by this Agreement. 10. The County will establish a City set-aside based on Washington States Office of Financial Management’s (OFM) 20202023 April 1 Population Estimates pursuant to the level of CDBG, HOME, and ESG funds appropriated to HUD. 11. The County and the City have agreed to implement additional administration improvements, including adding participating cities' and towns' logos on all CDBG plans and other related documents, and allowing key City staff access to applications for CDBG, and HOME, and ESG projects being considered for funding within the City for the purpose of viewing applications and preparing a list of projects and proposed funding amounts for presentation to the City Council for recommendations of support. recommendations will be presented The City’s Council representatives to the Spokane County Housing and Community Development Advisory Committee (HCDAC) by City will communicate recommendations to the HCDAC board, and recommendations will inform the City’s HCDAC representatives during the preliminary allocation meeting in January.meetings. The County will also incorporate City Council’s recommendations to amend the Consolidated Plan. 12. The County is responsible for allocating CDBG, HOME, and ESG resources annually. Annual resource allocations will be made following an Urban Consortium review and selection process as approved by the Board of County Commissioners. has final responsibility for selecting CDBG, HOME, and HOMEESG activities and annually filing the Consolidated Housing and Community Development Annual Action Plan and the Consolidated Annual Performance and Evaluation Report with the U.S. Department of Housing and Urban Development. 13. The County and City are subject to the same requirements applicable to CDBG subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. 14. The County and City may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act. 15. The City agrees to participate in the Regional County Homeless Program and Regional Affordable Housing Trust Fund Program, both which authorizeauthorizes the HCDAC to serve as the regional body for reviewing proposals, initiatives, and making funding recommendations for Affordable Housing Trust Fund (2060) and Homeless Housing Assistance Act (HHAA - 2163, 1359, and 2331) activities. 16. The HCDAC will review CDBG, HOME, ESG, Affordable Housing Trust Fund (2060), and, as may be determined appropriate by separate agreement, Homeless Housing Assistance Act (HHAA - 2163, 1359, and 2331)), program policies, plans, and applicant funding proposals and recommend to the Board of County Commissioners and, as may be deemed appropriate, the City Council, funding of applicant proposals. 17. The HCDAC will include a minimum of one representative appointed by the Mayor of the City and approved by the Spokane County Board of Commissioners. Additional representatives will be added based on the Washington States Office of Financial Management’s (OFM) April 1 Population Estimate, pursuant to the HCDAC By-Laws. 18. T he Parties agree that the County shall not allocate, direct, or commit any portion of the City set- aside of the entitlement funds covered as part of this agreement to any formal regional homeless collaborative entity without prior approval of the City Council. In the event Spokane County elects to participate in a regional homeless collaborative entity and the City Council does not agree to allocate, direct, or commit any or all of the City set-aside of the entitlement funds covered as part of this agreement to the regional homeless collaborative entity, Spokane County shall directly pass- through all of the City’s set-aside to the City consistent with Section 10 of this agreement plus the proportionate funds allowed by HUD for administration. The Parties agree to negotiate appropriate administrative responsibilities associated with HUD Entitlement funds consistent with the Parties’ respective responsibilities under this Agreement and all associated HUD requirements. This Agreement is entered into this ________ day of _________, 2023. City of Spokane Valley Spokane County __________________________________ __________________________________ John Hohman Mary Kuney City Manager Chair, Spokane County Board of Commissioners CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 18, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: Administrative Report – 2024 Vehicle/Equipment Requests GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Annual City Budget Adoptions BACKGROUND: The City’s Fleet Management Program contains approximately 40 vehicles, 11 snowplows, and 4 miscellaneous pieces of equipment. This fleet, overseen by the Public Works Superintendent and maintained by the City’s one mechanic, contains vehicles and equipment that eventually reach the end of their useful life. Once they reach that point, the City, through the annual budget process, surpluses the vehicles/equipment and purchases replacements. The proposed 2024 budget presented to Council at the June 13, 2023, Budget Workshop included Supplemental Budget Requests from the Fleet Management Program to replace four vehicles, one snowplow, and one backhoe. Additionally, there was a request to purchase a new vehicle from the Stormwater Management Fund #402 to support the proactive level of effort identified by Council in conjunction with the new 2023 stormwater rates. At this time, staff is bringing forward information, and Council Consensus Requests, on three of the vehicles, the snowplow, and the backhoe, as summarized below. Fleet Vehicles Fleet #2-301 Replacement (2004 Ford Taurus) The existing vehicle is 19 years old with 47,000 miles and is currently being used by the City’s Facility Maintenance staff for facility service calls and maintenance duties. The plan is to surplus this vehicle and replace it with a new pickup consistent with other fleet vehicles. The cost of the replacement vehicle is approximately $60,000. Currently, this vehicle requires a significant amount of maintenance effort due to its age. The most significant issue currently is electrical system issues which occur on an almost-daily basis. Significant maintenance will be necessary to keep it in service for the remainder of 2023. Fleet #4-009 Replacement (2014 Ford Escape) The existing vehicle is nine years old with 72,000 miles and is currently being used by the City’s Building Inspection staff for inspection duties. The plan is to surplus this vehicle and replace it with a new pickup consistent with other inspection vehicles. The cost of the replacement vehicle is approximately $60,000. This vehicle, as with the other Escapes in the City’s fleet, has historically required major maintenance work to keep it operational. Currently, the vehicle is operating with only three full cylinders, and is in need of more major work to keep it operational for the remainder of 2023. New Vehicle for Stormwater Utility In 2022, Council established a new Stormwater Utility Rate which will provide a proactive level of stormwater services for the City and its residents. As part of the rate increase, additional staff and equipment was approved. Currently, the City has added a new Stormwater Program Coordinator (field technician) that will be tasked with inspecting, maintaining, and documenting the storm drainage facilities throughout the City. To complete these tasks, the Coordinator requires a vehicle. The cost of the new vehicle is approximately $60,000. Fleet Vehicles – Consensus Request In working with the various fleet vendors the City uses, it has come to our attention that the City will have the opportunity to acquire additional vehicles in 2023, as manufacturers have “caught up” on production backlog. Given the availability of vehicles, staff is seeking consensus to purchase the identified fleet vehicles if the opportunity arises in 2023. Purchasing any of these vehicles will require that the costs be included in a future budget amendment. There are adequate funds in the City’s Equipment Rental and Replacement Fund #501 to purchase the replacement vehicles, and the City’s Stormwater Utility Fund #402 to complete the new vehicle purchase. Fleet Equipment Snowplow #204 Replacement In the City’s Snowplow Fleet Program, Snowplow #204, a 1995 vehicle acquired by the City in 2009, is the oldest snowplow in the fleet. Based on the Snowplow Replacement Program given consensus by City Council in 2022, it is slated for replacement in 2024, as there were significant expenditures to keep it operational during the 2022/2023 winter season. Backhoe #5-213 Replacement The City’s existing backhoe is 12 years old and is currently being used by the City’s Streets Maintenance Division. During winter operations, the equipment is primarily used as a backup to the front-end loader for salt loading. During other times of the year, the equipment is used for street maintenance, storm utility maintenance, parks maintenance and facilities maintenance. Unfortunately, the backhoe as not intended for winter operations and salt loading, requiring significant electrical and hydraulic repairs to keep it operable. The purchase of a new backhoe will include provisions and coatings allowing it to be used year-round. Fleet Equipment – Consensus Request As Council is aware from information previously presented by staff, obtaining equipment can be a long process, beginning with ordering, followed by manufacturing, and finally delivery. This process can take 12 to 24 months to complete. It has come to staff’s attention that the equipment ordering window for 2024 is now open and is expected to stay open for approximately three weeks. Staff is seeking Council consensus to place the orders for the 2024 snowplow and 2024 backhoe. Expenditures will not be borne by the City until delivery of the equipment, which his anticipated in 12 to 24 months. When the expenditures are made in 2024, the City’s Equipment Rental and Replacement Fund #501 will have sufficient funds to complete the purchases. OPTIONS: 1) Provide consensus for fleet vehicle purchases and fleet equipment ordering as presented, or 2) Provide other direction. RECOMMENDED ACTION OR MOTION: Provide Council Consensus to purchase fleet vehicles if they become available and order fleet equipment, as presented. BUDGET/FINANCIAL IMPACTS: The City’s Equipment Rental and Replacement Fund #501 is the fund whereby all major equipment, vehicles, and snowplows are purchased and maintained. Other City departments purchase their initial vehicles for, and lease their equipment from, this fund. The anticipated expenditure for the identified replacement vehicles from Equipment Rental and Replacement Fund #501 is $120,000. The fund has adequate resources to make these purchases, which will be included in a future 2023 Budget Amendment. The new vehicle purchase for the Stormwater Utility will be funded by the Stormwater Management Fund #402, of which there are sufficient funds for the $60,000 purchase. This purchase will also be included in a future 2023 Budget Amendment to account for the 2023 expenditure. There are no current expenditures associated with the equipment (snowplow and backhoe) purchases as their costs are included in the proposed 2024 City Budget. STAFF CONTACT: Bill Helbig, Community & Public Works Director DRAFT ADVANCE AGENDA as of July 12, 2023; 1:45 p.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings July 25, 2023 Formal Meeting, 6:00 p.m. \[due Tue July 18\] Proclamation: National Night Out 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Resolution 23- ____ Recording Fees – Erik Lamb and Gloria Mantz (10 minutes) 3. Motion Consideration: Urban Consortium – Erik Lamb (10 minutes) 4. Admin Report: Spokane County Emergency Management – Virginia Clough, Chandra Fox (15 minutes) 5. Admin Report: Comprehensive Plan Amendment, CPA-23-01 – Levi Basinger (10 minutes) 6. Admin Report: Council 2024 Budget Goals – John Hohman (15 minutes) 7. Admin Report: ADU Regulation Update, CTA- 2023-0002 – Lori Barlow (10 minutes) 8. Update on “Blake Fix” – Erik Lamb (10 minutes) 9. Admin Report: Advance Agenda – Mayor Haley (5 minutes) 10. Info Only: Department Monthly Reports; Fire Dept Monthly Report \[*estimated meeting: 90 mins\] July 26, 2023 – State of the City Address August 1, 2023 Study Session, 6:00 p.m. (meeting cancelled – National Night Out) August 8, 2023, Formal Meeting, 6:00 p.m. \[due Tue Aug 1\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. First Reading Ordinance 23-__, Comp Plan Amendment – Levi Basinger (10 minutes) 3. First Reading Ordinance 23-__ Comp Plan Amendment, Zoning map – Levi Basinger (5 minutes) 4. First Reading Ordinance 23 -___ADU Regulations – Lori Barlow (10 minutes) 5. Motion Consideration: Council Goals & Priorities for Use of Lodging Tax – Chelsie Taylor (10 minutes) 6. Admin Report: Avista Stadium Update – John Hohman, Chris Duff (10 minutes) 7. Admin Report: Park Maintenance Contract – John Bottelli (5 minutes) \[*estimated meeting: 55 mins\] August 15, 2023 Study Session, 6:00 p.m. \[due Tue Aug 8\] ACTION ITEMS: 1. Second Reading Ordinance 23- ___Comp Plan Amendment – Levi Basinger (10 minutes) 2. Second Reading Ordinance 23-___Comp Plan Amendment, Zoning map – Levi Basinger (5 minutes) 3. Second Reading Ordinance 23 -___ ADU Regulations – Lori Barlow (10 minutes) 4. Motion Consideration: Council 2024 Budget Goals – Chelsie Taylor, John Hohman (15 minutes) NON-ACTION ITEMS: 5. Admin Report: TPA Update – Mike Basinger, Lesli Brassfield 5. Advance Agenda – Mayor Haley (5 minutes) August 22, 2023 Formal Meeting, 6:00 p.m. \[due Tue Aug 15\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Admin Report: Advance Agenda – Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report August 29, 2023 Study Session, 6:00 p.m. \[due Tue Aug 22\] 1. 2024 Budget, Estimated Revenues & Expenditures – Chelsie Taylor (10 minutes) 2. Advance Agenda – Mayor Haley (5 minutes) September 5, 2023 Study Session, 6:00 p.m. \[due Tue Aug 29\] 1. Draft 2024 Legislative Agenda Update – Virginia Clough, Briahna Murray (10 minutes) 2. Advance Agenda – Mayor Haley (5 minutes) Draft Advance Agenda 7/13/2023 1:32:38 PM Page 1 of 2 September 12, 2023, Formal Meeting, 6:00 p.m. \[due Tue Sept 5\] Proclamation: Constitution Week 1. PUBLIC HEARING #1, 2024 Budget, Revenues & Property Tax – Chelsie Taylor (10 minutes) 2. Consent Agenda (claims, payroll, minutes, Motion to set 2024 Budget Hearing for Oct 10) (5 minutes) 3. Motion Consideration: 2024 Legislative Agenda – Virginia Clough (5 minutes) September 19, 2023 Study Session, 6:00 p.m. \[due Tue Sept 12\] 1. Proposed Ordinance Adoption 2024 Property Taxes – Chelsie Taylor (5 minutes) 2. Outside Agency Presentations (1: Social Service Agencies; 2: Eco. Dev Agencies–Chelsie Taylor (~100 minutes) 3. Advance Agenda – Mayor Haley (5 minutes) September 26, 2023 Formal Meeting, 6:00 p.m. \[due Tue Sept 19\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Admin Report: Advance Agenda – Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report October 3, 2023 Study Session, 6:00 p.m. \[due Tue Sept 26\] Proclamation: Domestic Violence Awareness Month 1. City Manager Presentation, 2024 Preliminary Budget – John Hohman (40 minutes) 2. Advance Agenda – Mayor Haley (5 minutes) October 10, 2023, Formal Meeting, 6:00 p.m. \[due Tue Oct 3\] 1. PUBLIC HEARING #2, 2024 Budget – Chelsie Taylor (10 minutes) 2. First Reading Ordinance 23-___ Property Tax Ordinance – Chelsie Taylor (10 minutes) 3. Consent Agenda (claims, payroll, minutes) (5 minutes) 4. Admin Report: 2023 Budget Amendment – Chelsie Taylor (10 minutes) October 17, 2023 Study Session, 6:00 p.m. \[due Tue Oct 10\] 1. Advance Agenda – Mayor Haley (5 minutes) October 24, 2023 Formal Meeting, 6:00 p.m. \[due Tue Oct 17\] 1. PUBLIC HEARING: 2023 Budget Amendment – Chelsie Taylor (10 minutes) 2. First Reading Ordinance 23-__ Amending 2023 Budget – Chelsie Taylor (10 minutes) 3. Consent Agenda (claims, payroll, minutes) (5 minutes) 4. Second Reading Ordinance 23-___Property Tax Ordinance – Chelsie Taylor (10 minutes) 5. First Reading Ordinance 23-___Adopting 2024 Budget – Chelsie Taylor (10 minutes) 6. Motion Consideration: Awards to Outside Agencies (Soc Service; Eco. Dev. Agencies) -C.Taylor (15 minutes) 7. Admin Report: Advance Agenda – Mayor Haley (5 minutes) 8. Info Only: Department Monthly Reports; Fire Dept Monthly Report *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: 9-1-1 calls (delays, holding, etc.) ADU Appleway Trail Amenities Basement space Governance Manual LTAC Alt Appts Mirabeau Park Forestry Mgmt. Park Lighting Parking, Junk Vehicles, etc. PFD Presentation Prosecutor Services Protection of Utility Infrastructures SCRAPS SNAP Financial Assistance St. O&M Pavement Preservation Street Scaping, signs, trees, etc.(info) Transportation Benefit District Vehicle Wgt Infrastructure Impact Yellowstone Franchise Agreement Draft Advance Agenda 7/13/2023 1:32:38 PM Page 2 of 2