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2023, 10-03 Study Session AgendaAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Tuesday, October 3, 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 Four Cell Phones During Council Meeting NOTE: Members of the public may attend Spokane 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. • Sin 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 PROCLAMATION: Domestic Violence Awareness Month 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. If a person engages in disruptive behavior or makes individual personal attacks regarding matters unrelated to City business, then the Council and/or Mayor may end that person's public comment time before the three -minute mark. 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. Resolution 23-011- setting a public hearing for proposal to establish a TBD — Erik Lamb [public comment opportunity] 2. Motion Consideration: Holiday Closures- City Hall — John Whitehead [public comment opportunity] 3. Motion Consideration: SNAP Senior Housing Grant Agreement— Sarah Farr [public comment opportunity] 4. Motion Consideration: Change Order, Barker Rd BNSF Grade Sep. Project — Rob Lochmiller [public comment opportunity] 5. Motion Consideration: Liberty Lake Interlocal — Kelly Konkright [public comment opportunity] 6. Motion Consideration: JAG MOU — Erik Lamb, Assistant Chief Walter [public comment opportunity] 7. Motion Consideration: State Legislative Agenda — Virginia Clough [public comment opportunity] Council Agenda. October 3, 2023 Page 1 of 2 NON -ACTION ITEMS: 8. City Manager Presentation, 2024 Preliminary Budget — John Hohman 9. Admin Report: Regional Homeless Authority Update — Gloria Mantz 10. Admin Report: District: Court Update - Erik Lamb 11. Advance Agenda — Mayor Haley COUNCIL COMMENTS CITY MANAGER COMMENTS EXECUTIVE SESSION: Pending Litigation [RCW 42.30.110(1)(0] (Proposed motion: I move Council adjourn into executive session for approximately 30 minutes to discuss pending litigation, and that no action will be taken upon return to open session) ADJOURN Council Agenda. October 3, 2023 Page 2 of 2 Vrortamation City of Spo4ne Va&De WasfiVton Domestic Violence, gwareness 9lonth WHEREAS, Spokane County has an estimated 4, 000 confirmed victims of reported domestic abuse every year, with approximately one in three women and one in ten men, victims of domestic abuse; and WHEREAS, Law enforcementfields over 14,500 calls related to domestic abuse every year, resulting in 3,300 perpetrators being prosecuted annually, which accounts for 25% of all criminal cases; and WHEREAS, Victims should have access to support and programs that are knowledgeable, trauma informed, and compassionate to their needs as victims; and WHEREAS, Victims of domestic violence should have access to medical and legal services, counseling, emergency and transitional housing, and other supportive services so they can escape the cycle of abuse; and WHEREAS, Our emergency responders, police, and judiciary should have the training and resources necessary to enforce, prosecute, protect, and rehabilitate perpetrators of domestic abuse in order to improve the rates of one in three perpetrators reoffending; and WHEREAS, We believe we can bring an end to the high rate offamily violence in the City ofSpokane Valley through education, awareness, and by taking a firm stance against domestic abuse in our community; and WHEREAS, We believe that this effort must include law enforcement, criminal justice agencies, schools, churches, social welfare agencies, public health, and individual citizens. NOW, THEREFORE, I, Pam Haley, Mayor of the City of Spokane Valley, on behalf of the Spokane Valley City Council and the citizens of the City of Spokane Valley, do hereby proclaim October as Domestic Violence Awareness Month and I urge Spokane Valley citizens to participate in efforts to recognize the serious impacts of domestic violence upon our communities and families, and to actively work toward eliminating domestic violence within our community and state. Dated this 3r1 day of October, 2023. Pam Haley, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 3, 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: Proposed Resolution No. 23-011 — Setting Public Hearing Regarding Formation of Transportation Benefit District GOVERNING LEGISLATION: RCW 35A.11.020 — Powers vested in legislative bodies of noncharter and charter code cities; RCW 36.73 — Transportation Benefit Districts. PREVIOUS COUNCIL ACTION TAKEN: The Pavement Management Program (PMP) has been discussed at least 65 times by City Council since shortly after the City's incorporation. Most recently, Council discussed the PMP as part of the following agenda items: • April 19, 2022 — Administrative Report on the 2021 Street Sustainability Committee's (SSC) efforts and next steps to improve the Pavement Management Program (PMP). • May 10, 2022 — Administrative Report discussing using the Fund 106 to fund a new open -order contract for 2023 pavement preservation -specific projects. • June 14, 2022 — 2023 Budget Workshop including discussion on the PMP and sustainable funding for the PMP, including Street Fund #101. • July 12, 2022 —Administrative Report on the prioritization of local access street projects. • September 27, 2022 — Administrative Report on the allocation of Capital Reserve Fund #312, identifying $250,000 for a 2023 surface treatment pilot project. • December 6, 2022 — Administrative Report on potential funding sources for the Pavement Management Program. • January 17, 2023 — Administrative Report on Transportation Benefit Districts as a funding source • September 26, 2023 — Administrative Report on Formation of Transportation Benefit Districts, including formation documents BACKGROUND: The City's street network consists of roughly 450 centerline miles of roadway, including 127 centerline miles of arterials/collectors and 323 centerline miles of local access streets. This equates to 1,025 total lane miles in the network covering roughly 9.2 million square yards (SY) of paved surfaces, equivalent to 1,900 acres. Roughly two-thirds of the City streets' pavement area is attributed to local access streets. The remaining one-third of pavement area is located on arterial or collector streets. The City's PMP serves two primary functions: • Preservation: Multi -year planning and implementation of pavement `treatments' to extend the life of existing paved streets and sustain the pavement condition over time. • Maintenance: Annual costs for repairs and upkeep of snowplow operations, traffic signals and signs, streetlights, sidewalks, potholes, crack filling, and roadside maintenance. Overall, to sustain today's citywide average Pavement Condition Index (PCI), the City should expend approximately $16 million annually: $10 million for preservation and $6 million for maintenance. Currently, the City reliably provides $8 million annually using the local street wear fee (Fund #106), Federal and State grants, and utility and fuel tax revenues. The unfunded $8 million is partially covered by annual general fund transfers into Street Fund #101 for maintenance, which in recent years is estimated at approximately $3 million annually, although currently the proposed 2024 budget provides for a $4.6 million transfer to Street Fund #101. The remaining $5 million necessary for full funding of the PMP continues to be unfunded and the shortfall results in the City not completing or constructing needed local access street preservation and reconstruction projects. To address the funding shortfall, the City created a Street Sustainability Committee in 2021. The Street Sustainability Committee recommended several measures to address a sustainable PMP program. These recommendations generally were focusing on local streets, working on different and more economical project delivery methods, identifying alternative surface treatment methods, and identifying additional funding sources. Based on the Street Sustainability Committee's recommendations, the City has taken steps to focus on local streets, identify and implement more economical delivery methods, and to engage in pilot projects for alternative surface treatment methods. This discussion focuses on the remaining recommendation from the Street Sustainability Committee to seek additional dedicated funding sources. At the December 6, 2022, Council meeting, an Administrative Report was given outlining various funding options available to the City for closing the gap in the PMP. To address the development of funding options to sustain the City's PMP, City Council and staff discussed new revenue sources available, including the option of forming a Transportation Benefit District (TBD). Council provided consensus for staff to develop information regarding the formation of a TBD and its potential budget impacts for the PMP. At the January 17, 2023, Council meeting, the requirements of a TBD were discussed in detail, including the formation and funding of the TBD. Critically, TBDs may be formed prior to determining what funding to implement. Information regarding the details of TBDs is included as an attachment to this RCA. At the January 17, 2023, meeting, Council gave consensus for staff to bring forward more information on the formation of a TBD and draft documents for the formation of a TBD. On September 26, 2023, staff gave an administrative report on the process to form a TBD, including providing the draft documents necessary for formation. At that meeting, a majority of City Council gave consensus to bring proposed Resolution No. 23-011, which sets the public hearing for the formation of the TBD, forward for Council consideration. Tonight, proposed Resolution No 23-011 is provided for City Council consideration. Resolution No. 23-011, if approved, sets a public hearing for October 17, 2023, to allow the public to provide comments on the formation of a TBD. As a reminder, the following are the required steps in the formation of a TBD: • Resolution setting a Public Hearing for TBD formation; • Public Hearing for TBD formation; • Ordinance establishing the TBD; • Resolution setting a Public Hearing for Council to assume powers of the TBD; • Conduct Public Hearing for Council assumption of powers; and, • Ordinance establishing the Council as the TBD authority. A copy of the draft Ordinance that would be considered at the public hearing has been included. There are "redline" marked changes from the draft provided on September 26. These changes were made to ensure consistency in references to the transportation system and to address Council comments regarding the dissolution of the TBD. NOTE: This Agenda Item outlines the steps for the formation of a TBD and assumption of TBD authority. This Agenda Item is not intended to provide, or determine, the method of funding for the TBD. The funding method for the TBD will be discussed by Council at a future meeting, with the date yet to be determined. Staff acknowledges that the formation of a TBD may be pointless if Council does have the intention to fund it in the future, be it either near -term or long-term. Specific details related to the funding of a TBD have been excluded in an attempt by staff to first identify if Council wishes to create a TBD. Further, certain funding options, such as the voted sales tax, require formation prior to when they could be put forward for voter consideration. Ultimately, the goal is to have focused discussions related to each of the various steps required for a TBD. With Council consensus as described in the previous paragraph, over the coming weeks, staff can develop funding options, amounts, and other details specific for a TBD and return to council with those details. OPTIONS: Approve Resolution No. 23-011 setting Public Hearing for formation of Transportation Benefit District at the October 17, 2023 City Council meeting; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Resolution No. 23-011 setting Public Hearing for formation of Transportation Benefit District at the October 17, 2023 City Council meeting. BUDGET/FINANCIAL IMPACTS: None at this time. STAFF CONTACT: Erik Lamb, Deputy City Manager Adam Jackson, Engineering Manager Deanna Gregory, Pacifica Law Group (remote) ATTACHMENTS: PowerPoint Presentation Draft Resolution No. 23-011 Setting Public Hearing — TBD Formation Draft Ordinance adopting new chapter 3.85 SVMC and forming a TBD Q R R Mn W O a--+ Q O bn U— I n a) CL 4-j Ln a--+ X a) z O E L O LL r-I N rfi O 0 0 -O 0I„ ^ m m `� O O N 0 N 0 rn N p L i 0 3 0 �° ° O •� v O O N i O U" OU O Q 0 U C C •M co CL - Q .CL N _ Q Ln NCO O •v O �a(00a-E W a--+ i 0 .. •° ,° ° i O O -00 LL Q +-+ f6 0 L� L � p 0 L 0 O N tZA t1A > N •U •i p O O Z t1A U O •� .E •E p U U C o f ci� cr- N I I I I I I CL r-I N m L n l0 ci > > ❑❑❑❑ 0 m H O � O co coO 0 p 0 O N O N Q O 0 E m .N ~ co H p p N f6 p 4 O p on O N U f6 `ti N N p f6 f6 O O Q 0 0 O N E can a-J i N N 0 0 f6 Q o +' E p m i cn 0 0 Q Q .� C%4 O = +� M p .� N •N .� 'E .� p 0 o ca aj Ucr Q w co cC O 4-E U i aj m > p cn N N N N H Ln t a GL N O � p� N ca � 0 O 0++ C �..� v 0 > 0 (A , � t1A L 4. 0 Z ca N p O L.L t 0 O O N-0 0 .0 .� U .CL U -0CL E O N Q = f6 aj aj cn cr O H Q I� 00 0) ri ri ri ❑ 71 71 71 71 71 m L M 0 o U N O O Ln +� pQ O M m � U b a) U O .� °J +J V � ate-+ c s U N U I � Q O Ln c 3: 1 DC O �..� O C6 � E N •x LL i L L Q Q O U > •� m m i •f6 M� � N a..+ 0 E W (�o m +_� o > � U U 4-J � N N v N U Q� oc — L U v , 4-1 4- 4- O ° CL N c}.� U cn V C: U > N = N N ate-•+ Q i +�+ V 0> 0 0 a-J 4-J p U Q L p U J O }' N CO (o N i (u •� X +�-+ X O •� C6 ate•+ N i O .� a--+ .� N vi E -0 C) O _ i N Q m p a", N •o •o ca j H C6 c N p N W V' V' rj ry cn r-I L 0 -, cv m r-I Lri r-- Fj Draft CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 23-011 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, SETTING A PUBLIC HEARING REGARDING A PROPOSAL TO ESTABLISH A TRANSPORTATION BENEFIT DISTRICT UNDER CHAPTER 36.73 OF THE REVISED CODE OF WASHINGTON. WHEREAS, the City of Spokane Valley, Spokane County, Washington (the "City") has the responsibility under the Constitution and laws of the State of Washington to maintain the transportation system for the benefit of the public for the purposes of commerce, public safety, and transportation throughout the City; and WHEREAS, the transportation system is the City's largest physical asset and is critical to the community's day-to-day and long-term economic vitality and livability; and WHEREAS, the maintenance and operation of the transportation system requires significant funding to ensure that it does not experience catastrophic failures, which are exponentially more expensive to construct; and WHEREAS, the City Council annually reviews and revises a plan for the maintenance, improvement, and construction of the transportation system; and WHEREAS, the City, like other cities and counties throughout the State of Washington, has limited and decreased revenues available for funding the preservation, maintenance and improvements necessary to provide the public with safe and effective means of motor vehicle transportation; and WHEREAS, the legislature of the State of Washington has created a local transportation tool for cities, by enabling them to form Transportation Benefit Districts ("TBDs"), which are independent taxing districts created for the sole purpose of acquiring, constructing, improving, providing, and funding transportation improvements; and WHEREAS, the City Council may create a TBD by ordinance, following the procedures set forth in chapter 36.73 RCW, which procedures include a public hearing and require that notice of such hearing be published at least once, not less than ten days before the hearing, in a newspaper of general circulation within the proposed TBD; and WHEREAS, the City Council now desires to establish a time and place for a public hearing regarding the formation of such TBD as provided herein; NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Establishment of Public Hearing Date and Time. A public hearing shall be held in the Great Room of CenterPlace Regional Event Center, located at 2426 North Discovery Place, Spokane Valley, WA, on the 17th day of October, 2023 at 6.00 p.m. or as soon thereafter as it may be heard, at which time the Spokane Valley City Council shall hear testimony from any person affected by the proposed formation of a TBD within the boundaries of the City of Spokane Valley, for funding the construction, operation, maintenance and preservation of the City transportation system. Notice of said public hearing shall be published in the Spokane Valley News Herald on October 6th and October 13, 2023. The notice shall specify the functions or activities proposed to be funded by the proposed TBD. Following the public hearing held pursuant to this Section 1, the City Council may consider an ordinance establishing a TBD, if the City Council finds such formation to be in the public interest. Section 2. Effective Date. This Resolution shall be effective immediately upon passage and signatures hereto. PASSED by the City Council this day of , 2023. CITY OF SPOKANE VALLEY, WASHINGTON Pam Haley, Mayor ATTEST: Marci Patterson, City Clerk APPROVED AS TO FORM: Office of the City Attorney CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 3, 2023 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration Holiday City Hall Closure BACKGROUND: The regularly scheduled Christmas Day Holiday is on Monday this year. The proposed closures listed will not affect snow plowing or police operations, as it will only affect normal administrative functions of the City. All pre -planned events at CenterPlace will take place as scheduled. OPTIONS: Council discretion RECOMMENDED ACTION OR MOTION: I move to authorize the closure of City Hall and CenterPlace at noon Wednesday, November 22, 2023; and the entire day on Tuesday, December 26, 2023; to allow staff time to prepare and travel for their Thanksgiving and Christmas Holidays. BUDGET/FINANCIAL IMPACTS: None anticipated. There would be no loss of compensation for employees on the proposed dates. STAFF CONTACT: John Whitehead, HR Manager ATTACHMENTS: None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 3, 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: Motion consideration: Spokane Neighborhood Action Partners GOVERNING LEGISLATION: 42 U.S.C. § 803; 31 C.F.R. Part 35. PREVIOUS COUNCIL ACTION TAKEN: Numerous City Council meetings from July 2021 through May, 2023 with regard to the American Rescue Plan Act (ARPA) and the funding awarded to the City. On April 11, 2023, Council heard presentations from those submitting proposals to the affordable housing and homeless services RFP. On May 16, 2023, Council gave consensus to allocate $3,998,535 in funding to support affordable housing and homelessness efforts. Spokane Neighborhood Action Partners (SNAP) was awarded a grant in the amount of $471,729 to construct a 60-unit affordable senior housing project. BACKGROUND: On March 11, 2021, the President signed the American Rescue Plan Act ("ARPA") into law. ARPA provided for a wide variety of funding for a variety of purposes, including direct assistance to small businesses, for homeless and affordable housing purposes, and to state and local governments. Importantly for the City, ARPA established the Coronavirus State and Local Fiscal Recovery Funds and allocated $350 billion to these accounts to assist state and local governments in meeting pandemic response needs and rebuilding the economy. The City of Spokane Valley has received approximately $16 million from the Coronavirus Local Fiscal Recovery Fund ("CLFR"). One of the categories of allowable uses is to replace lost revenue as a result of the pandemic. The United States Treasury has provided a formula and guidance on how to calculate lost revenue. Based on the formula, the City calculated that the ARPA funds received may be used for any governmental service 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 16, 2023, Council approved an allocation of $471,729 to SNAP as partial funding for the construction of a 60-unit affordable senior housing project called Broadway Senior Housing (BSH). BSH will consist of a four-story, corridor loaded building with two elevators, providing 57 one -bedroom units and three two -bedroom units. The project will provide permanent rental housing and supportive services to seniors with incomes at or below 60% of the area median household income. Additionally, seniors will be provided rent subsidy in most of the units and only pay 30% of their gross adjusted income in rent. The Grant Agreement outlines the project scope, affordability requirements, supportive services to be provided at the facility, and the timeline for the completion and occupancy of the senior home units. The agreement also provides for reporting of program performance metrics including the total number of income qualified seniors housed at the facility, demographic information, and supportive services provided at the facility. The term of this agreement ensures that the City grant funding will continue to be used to serve the community over the life of the home units. OPTIONS: Move to approve the Grant Agreement with SNAP for a $471,729 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; or take other action deemed appropriate. Page 1 of 2 RECOMMENDED ACTION OR MOTION: Move to approve the Grant Agreement with SNAP for a $471,729 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 $471,729. STAFF CONTACT: Sarah Farr, Accountant/Budget Analyst ATTACHMENTS: Grant Agreement with Spokane Neighborhood Action Partners Page 2 of 2 23-185.00 CITY OF SPOKANE VALLEY AFFORDABLE HOUSING AND HOMELESS GRANT AGREEMENT Grant Recipient: Spokane Project: Action Partners Broadway Senior Housing Award Amount: $471,729 Term Period: Effective Date Project#: Project Number To December 31, 2028 Contract#: 23-185.00 THIS AGREEMENT is a grant agreement entered into between Spokane Neighborhood Action Partners, a Washington nonprofit corporation (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 affordable senior housing serving City residents as described herein. RECITALS A. Pursuant to RCW 35.21.685, the City is authorized to assist in the development or preservation of publicly or privately owned housing for persons of low income by providing loans or grants of general municipal funds to the owners or developers of the housing, to finance all or a portion of the cost of construction, reconstruction, acquisition, or rehabilitation of housing that will be occupied by a person or family with income that does not exceed 80% percent of the area median income. B. Grant Recipient proposes to construct a 60-unit affordable senior housing project, consisting of a four-story, corridor loaded building with two elevators providing 57 one - bedroom units and three two -bedroom units. C. The project will provide permanent rental housing and supportive services to seniors with incomes at or below 60% of the area median household income. D. As detailed 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: 1 of 27 23-185.00 GRANT AWARD TERMS AND CONDITIONS DEFINITIONS 1.1 Proj ect. 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 construct the facility ("Facility") which is located at: 8001 E. Broadway, Spokane Valley, WA 99212 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 of 27 23-185.00 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, 2028. 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 is the 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. THE CITY OF SPOKANE VALLEY SPOKANE NEIGHBORHOOD ACTION PARTNERS Marci Patterson, City Clerk Julie Honekamp, CEO 10210 East Sprague Avenue 3102 W. Whistalks Way Spokane Valley, WA 99206 Spokane, WA 99224 (509) 720-5000 509-319-3000 m atterson s okanevalle wa. ov honekam sna wa.or 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 6.1 In accordance with RCW 35.21.685, the City may authorize, at the City's sole discretion, release of a portion of the Grant Award Funds to Grant Recipient, upon execution of this Agreement, and receipt of Grant Recipient's City -approved completed Scope of Work and Project Budget (see Section 1 and Exhibits B and C). 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. 3 of 27 23-185.00 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. 6.3 Grant 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 to this Agreement have been expended, the Grant Recipient shall provide reports to the City Manager or designee on a schedule determined by the City. 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. If Grant Recipient cannot complete the Project as described, 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 Exhibit B. 9. COMMUNICATION AND THE CITY OF SPOKANE VALLEY MILESTONE NOTIFICATION Grant Recipient shall recognize City as a "funder" 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" 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 City 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" 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 4 of 27 23-185.00 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 actual costs of the Project shall remain with the City for use in its sole discretion. 11. PUBLIC ACCESS; PUBLIC PURPOSES The Grant Award is provided to Grant Recipient for the Project for the purpose of affordable senior housing. Therefore, Grant Recipient and any successor in interest agree to maintain the Facility for this public use as set forth in Restrictive Covenant Agreement set forth at Exhibit F. 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 and City's remedies under this Section 11 and the Restrictive Covenant will survive the expiration or earlier termination of this Agreement. 12. COVENANTS Upon completion of construction of the Facility, and 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 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, 5 of 27 23-185.00 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. 13.3 Right 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 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. 13.6 Public Works Laws. The City is providing funds to pay or 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, as applicable to the Project funded by the Grant Award, and shall complete and submit Exhibit G. The grant is made to finance all or a portion of the cost of construction, reconstruction, acquisition, or rehabilitation of housing that will be occupied by a person or family 6 of 27 23-185.00 of low income (income that does not exceed eighty percent of the median area income) and therefore is not considered a public work, provided that, pursuant to RCW 35.21.685, whenever feasible the Grant Recipient shall make every reasonable and practicable effort to utilize a competitive public bidding process. 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. 13.7 Minimum Scobe 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 7 of 27 23-185.00 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 Project or 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 thatthis 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. 8 of 27 23-185.00 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 in 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 Recipient will 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 9 of 27 23-185.00 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 parry in any arbitration proceeding between City and any third parry 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 parry 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 parry 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. 10 of 27 23-185.00 32. PERMITS AND LICENSES Grant Recipient shall complete the Project 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 CITY RULES 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 11 of 27 23-185.00 them, whether written, oral or otherwise. By signing below, the signatories certify that they are authorized to contract and bind the respective parties. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date written. The City of Spokane Valley Spokane Neighborhood Action Partners Title Date Title Date 12 of 27 23-185.00 Exhibit A- Map of Facility and Location Facility location: 8001 E. Broadway, Spokane Valley, WA 99212 Delve —Lucy Lep nski 0 SNAP Financial Access ^+ SNAP 4,',,"pJ 0 Service Clerk �,��' First Interstate. Bank Lo,,, E1 MlCollah .yam., WHITE SUPREMACY C... Washington's Clean E... M°.-� _ Mewme ^y" Mole Info 13 of 27 23-185.00 Exhibit B- Scope of Work I. INTRODUCTION The Project addresses the need for affordable housing in the City. II. OBJECTIVES The project will provide permanent rental housing and supportive services to seniors with incomes at or below 60% of the area median household income. III. PROJECT DESCRIPTION The Project consists of new construction of a 60-unit affordable senior housing project, consisting of a four-story, corridor loaded building with two elevators providing 57 one -bedroom units and three two -bedroom units. IV. CONSIDERATION/PUBLIC BENEFIT Affordable Senior Housing. 60 units at the Facility ("Affordable Units") will be provided to households with incomes at or below 60% of area median income ("Qualifying Households"). Affordability Requirements. Grant Recipient agrees to rent Affordable Units to Qualifying Households for an amount that represents an Affordable Housing Cost that is less than or equal to thirty percent (30%)of the Qualifying Household's gross adjusted income. In addition to rent payments, utility payments and other costs payable for the use of the Affordable Units shall be counted toward housing costs. Supportive Services. Grant Recipient will provide the following community and recreational services at the Facility: An onsite Services Coordinator will be hired to work with residents. Written Memorandums of Understandings for services have been executed with • Aging and Long Term Care of Eastern Washington • Breast Intentions • Catholic Charities Foor 4 All and Raised Garden Beds • CHAS • Meals on Wheels • Mobile Library • Resource Rides • Second Harvest • Vets on the Farm 14 of 27 23-185.00 Exhibit G Proiect Budget Architectural Fees 318248 Soft Costs (Like Appraisal, Market Study Environmental, Survey, Legal) 128236 Financing and Other Development Costs 25245 TOTAL 471729 15 of 27 23-185.00 Exhibit D- Timeline, Milestones & Performance Metrics L PERFORMANCE INDICATORS Upon completion of the Facility, the following information will be provided on an annual basis by the 151h day of January until expiration of this Agreement: - Total number of income qualified seniors housed at Facility - Demographic information - Number of seniors and number of income qualified seniors from City zip code served at Facility - Supportive services provided at Facility, information regarding participation and outcomes IL PROJECT PERIOD Effective date through December 31, 2028. III. KEY MILESTONES AND DELIVERABLES Milestones: Predevelopment::06/10/2022 — 12/16/2024 All funding closed: 12/16/2024 Ground breaking: 12/17/2024 Substantial completion: 3/15/2026 Occupancy Date:3/16/2026 Deliverables required through the completion of Facility: Quarterly project budget and expenses report during construction: By 151h day of following month Construction progress report: Quarterly by 151h day of following month Third parry auditor cost certification (completion report): December 31, 2026 16 of 27 23-185.00 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. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. ii. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under 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 2026. iii. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. iv. Professional liability insurance appropriate to Grant Recipient's profession. B. Minimum Amounts of Insurance. Grant Recipient shall maintain the following insurance limits: i. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. iii. Professional liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions. 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 17 of 27 23-185.00 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 AXII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Grant Recipient shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 18 of 27 23-185.00 Exhibit F- Restrictive Covenant Agreement When Recorded Return to: City Clerk The City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, 99206 THE CITY OF SPOKANE VALLEY RESTRICTIVE COVENANT AGREEMENT GRANTOR: GRANTEE: ABBREVIATED LEGAL DESCRIPTION: ASSESSOR'S TAX PARCEL NO.: Spokane Neighborhood Action Partners The City of Spokane Valley, a municipal corporation of the State of Washington 19 of 27 23-185.00 THE CITY OF SPOKANE VALLEY RESTRICTIVE COVENANT AGREEMENT This Restrictive Covenant Agreement (the "Covenant Agreement") is effective as of the day of , 202, and is made and executed by Spokane Neighborhood Action Partners (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, Spokane Neighborhood Action Partners 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 , Grant Recipient has constructed senior housing (the "Facility") on the Property for the purpose of providing affordable housing 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 $471,729 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. [cite recorded deed for purchase], between [prior owner's name] and Spokane Neighborhood Action Partners 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. 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, 20 of 27 23-185.00 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 that the Facility was constructed on the Property for public purposes with funding from the City, and Grant Recipient covenants that at least 60 units of the Facility will be rented to seniors with incomes at or below 60% of area median income at an affordable rental rate as required by the Grant Award, 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 the affordable senior housing purpose that constitutes the public purpose of the Grant Award. 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: 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). 21 of 27 23-185.00 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. 8. Miscellaneous Provisions. 8.1 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. 8.2 Time of the Essence. Time is of the essence of this Covenant Agreement and of every provision thereof. 8.3 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 Spokane Neighborhood Action Partners: Spokane Neighborhood Action Partners 3102 W. Whistalks Way Spokane, WA 99224 8.4 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. 8.5 Amendments. This Covenant Agreement shall be amended only by a written instrument executed by the Parties hereto or their respective successors in title, and duly recorded in the real property records of Spokane County, Washington. 8.6 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 Recipient agrees that it may, at City's 22 of 27 23-185.00 request, be joined as a parry in any arbitration proceeding between City and any third parry 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. 8.7 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. 8.8 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. 8.9 Sale or Transfer of the Facility. Grant Recipient agrees to notify the City at least thirty (30) days' prior to any sale or other transfer of Grant Recipient's ownership interest in the Facility. 8.10 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. 8.11 No Third Party Beneficiaries. This agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Covenant Agreement. IN WITNESS WHEREOF, Spokane Neighborhood Action Partners and the City have executed this Covenant Agreement on the date set forth above. GRANT RECIPIENT: Spokane Neighborhood Action Partners By: Its: THE CITY OF SPOKANE VALLEY, a municipal corporation of the State of Washington By: _ Name: Its: 23 of 27 23-185.00 [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 Spokane Neighborhood Action Partners which is the of Spokane Neighborhood Action Partners to be the free and voluntary act of such parry 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 parry for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: 24 of 27 23-185.00 RESTRICTIVE COVENANT AGREEMENT EXHIBIT A LEGAL DESCRIPTION 25 of 27 23-185.00 RESTRICTIVE COVENANT AGREEMENT EXHIBIT B PROPERTY AND FACILITY MAP 26 of 27 23-185.00 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. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project, published by L&I, are located at the L&I website address: IDuhfllf //l,mpm w�a..�i 11i.e; m� mm�,g Ilf cr ummh /1 u;,blmc worl��,,,�C�rr�lllce;h�/Ilf�r��w�amiit 9 w B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. 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 27 of 27 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 3, 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: Motion Consideration: Barker Road/BNSF Grade Separation Project (Barker Road GSP), Change Order Approvals GOVERNING LEGISLATION: • RCW 35.77.010, Perpetual Advanced Six -Year plans for coordinated transportation program expenditures. • SVMC 3.35.010, Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • May 7, 2013 — Administrative Report, Bridging the Valley; • June 23, 2015 — Passed Resolution No. 15-005 adopting the 2016-2021 Six Year Transportation Improvement Program (TIP), which included both the Barker Road and the Pines Road Grade Separation Projects (GSP); • April 5, 2016 — Passed motion to obligate federal earmark funds for the design of the GSP; • November 8, 2016 — (Special 5 pm Meeting) Information Report on the status of the Barker GSP; • November 15, 2016 —Administrative Report on the Barker GSP status; • November 22, 2016 — Informational Report; • December 6, 2016 — Administrative Report; • December 20, 2016 — Administrative Report; • January 10, 2017 — Motion failed to contract with David Evans and Associates (DEA) for project design services; • February 21, 2017 — Administrative Report; • February 28, 2017 — Passed Resolution 17-006, amending the 2017 TIP; • May 23, 2017 — Passed Resolution No. 17-011 adopting the 2018-2023 Six -Year TIP, which included the Grade Separation Project; • August 22, 2017 — Passed motion to enter into contract with DEA for the project's Phase 1 (Initial Contract); • October 24, 2017 — Administrative Report to discuss alternatives; • January 30, 2018 — Administrative Report to discuss alternatives with Council consensus to move the project forward with Alternative 5; • March 2, 2018 — Administrative Report to discuss alternatives; • March 13, 2018 — Administrative Report to discuss history and alternatives; • March 16, 2018 — Administrative Report for Council and Chamber of Commerce; • March 27, 2018 — Passed motion to select preferred alternative for advancing project; • April 10, 2018 — Passed motion to execute supplemental agreement with DEA for the project's Phase 2 design (DEA Contract Supplement #3); • December 4, 2018 — Administrative Report to discuss project status; • September 10, 2019 —Adoption of Ordinance 19-012 authorizing use of condemnation for property acquisition with regard to three property owners; • November 12, 2019 — Adoption of Ordinance 19-020 authorizing use of condemnation for property acquisition with regard to a fourth property owner; • January 14, 2020 — Passed motion to execute supplemental agreement with DEA; • January 21, 2020 — Passed motion to acquire two properties for the project; • March 31, 2020 — Passed motion to execute agreement with Avista Corporation; Page 1 of 3 • May 12, 2020 - Passed motion to execute BSNF Overpass Agreement; • June 30, 2020 - Passed motion to execute an Interlocal Agreement with WSDOT for Project Construction and Construction Administration; • February 2, 2021 - Administrative Report on bid award; • May 4, 2021 - Passed motion to amend Avista Corporation agreement; • January 18, 2022 -Administrative Report on Change Orders; • March 29, 2022 - Passed motion to execute Change Order No. 38; • May 24, 2022 - Passed motion to execute Change Order No. 3 and 7; • September 13, 2022 - Passed motion to execute Change Order No. 40; • February 7, 2023 - Passed motion to execute Change Order No. 27 and 37; • March 14, 2023 - Adoption of Resolution 23-004 Closing a Portion of North Flora Road to Public Use; • May 2, 2023 - Passed motion to execute Change Order No. 24 and 57; • May 2, 2023 - Passed motion to execute Amendment #2 to the Interlocal Agreement with WSDOT for Project Construction and Construction Administration; • June 20, 2023 - Passed motion to execute Change Order 22, 31, 44, 47, 49, 59, 64, and 67; • August 29, 2023 - Passed motion to execute Change Order 29, 41, and 68. BACKGROUND: WSDOT is currently administering the construction contract and providing the construction management on the City's Barker/BNSF Grade Separation Project. On June 30, 2020, Council passed a motion to authorize execution of the Interlocal Agreement between WSDOT and the City. The following are significant items contained within the Agreement as the project moves forward: • WSDOT is the lead agency in contracting and administering the Construction Contract. • WSDOT can issue change orders of $100,000 or less without the City's approval when cumulative change orders are less than $350,000. • Any single Change Order in excess of $100,000 requires City review and approval. • The City will be part of WSDOT's Final Inspection and Project Acceptance procedures. • The City will have the sole discretion to issue a Letter of Acceptance to WSDOT at the final project closeout. Acceptance will not be given by the City until it is fully satisfied with the project. • The City will reimburse WSDOT for all costs associated with project construction and construction administration. WSDOT advertised the project on November 23, 2020, and awarded the project on January 28, 2021, to Max J. Kuney Company in the amount of $11,637,134.00. The contractor completed the road and bridge improvements in April 2023, has been granted substantial completion and is now working on remaining punch list items. WSDOT has been coordinating with staff on all change orders with Max J. Kuney Company regardless of their amounts. Currently, WSDOT has executed 52 change orders, including 19 Council approved change orders. Executed change orders have an accumulative total of $1, 989, 670.66. Change Order No. 23 - $74,535.59 Change order provides an equitable adjustment for the change in blasting methods caused by the unanticipated proximity of an existing CenturyLink fiber line to rock cut locations on the project. Additionally, this change order increases the plan quantity for the actual linear feet of vertical drilled blasting required to remove all the encountered rock. Change Order No. 56 - $3,839.39 Page 2 of 3 The change order addresses plan modifications to the slopes of the ADA ramps at the intersection of Barker Road and the Private Road. Change Order No. 60 - $4,548.32 Change order provides compensation for out of sequence traffic control on the project because of the resequencing of work to open the roundabout in the fall of 2021. Change Order No. 65 - $2,675.00 This change order adds a lockable well cap to the existing Spokane County aquifer monitoring well that was located in the fill of Barker and was adjusted to final grade. Change Order No. 70 - $915.67 This change order adds a permanent sign and additional tubular markers on Barker Road. After Change Order 23, 56, 60, 65, and 70 are executed, the new contract amount will be $13,713,318.63 which is 17.8% over the original contract. Staff will continue to work closely with WSDOT on all remaining change orders to close out the project. All change orders that increase the amount of the contract will come before Council for approval as the $350,000 WSDOT authorization limit has been reached. OPTIONS: 1) Authorize the City Manager to finalize and execute Change Order Numbers 23, 56, 60, 65, and 70 with Max J. Kuney Company in the amount of $74,535.59, $3,839.39, $4,548.32, $2,675.00, and $915.67 respectively, or 2) Take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute Change Order Numbers 23, 56, 60, 65, and 70 with Max J. Kuney Company in the amount of $74,535.59, $3,839.39, $4,548.32, $2,675.00, and $915.67 respectively. BUDGET/FINANCIAL IMPACTS: To date, the City has secured funding in excess of $26,000,000 for the Barker Road/BNSF Grade Separation Project, from seven sources. All change orders between WSDOT and Max J. Kuney Company will be funded from the project funds and are grant eligible. STAFF CONTACT: Robert Lochmiller, Engineering Manager ATTACHMENTS: Change Orders No. 23, 56, 60, 65, 70, and Change Order Summary Page 3 of 3 WASHINGTON STATE DEPARTMENT OF' TRANSPORTATION CHANGE ORDER DATE:04/27/23 PAGE I of 3 --------------------------------------------------------------------------------------------- CONTRACT NO: 009623 FEDERAL AID NO:TIGERIX 4123(005) CONTRACT TITLE: BARKER RD BNSF GRADE SEPARATION SPOKANE COUNTY -MP CHANGE ORDER NO: 23 CENTURY LINK BLASTING CHANGE PRIME CONTRACTOR: 910609531 MAX J. KUNEY COMPANY 120 N RALPH ST 99202-4V44 SPOKANE WA 99220-0008 (X)Ordered by Engineer under the terms of Section 1-04.4 of the Standard Specifications ( )Change proposed by Contractor ENDORSED BY: I SURETY CONSENT: �-ewim� Mffler (Sep 25,2023 15:26 PI)T) CONTRACTOR SIGNATURE ATTORNEY IN FACT Sep 25, 2023 DATE ORIGINAL CONTRACT AMOUNT: CURRENT CONTRACT AMOUNT: ESTIMATED NET CHANGE THIS ORDER: ESTIMATED CONTRACT TOTAL AFTER CHANGE: Signature Required: VP)Project Engineer ( )Regional Administrator PROJECT ENGINEER SIGNATURE DATE REGIONAL ADMINISTRATOR SIGNATURE DATE 11,637,134.00 13,421,874.12 74,535.59 13,496,409.71 ( )State Construction Engineer WqOther Agency STATE CONSTRUCTION ENGINEER SIGNATURE OTHER APPROVAL WHEN REQUIRED SIGNATURE DATE DATE CG02v04(revised Feb 2005) REPRESENTING WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CHANGE ORDER DATE:04/27/23 PAGE 2 of 3 CONTRACT NO:009623 CHANGE ORDER NO: 23 All work, materials, and measurements to be in accordance with the provisions of the Standard Specifications and Special Provisions for the type of construction involved. This contract is revised as follows: Description This change order provides an equitable adjustment for the change in blasting methods in Bid Item 17, Controlled Blasting of Rock Face caused by the unanticipated proximity of an existing CenturyLink fiber line to rock cut locations on the project. Additionally, this change order increases the Bid Item 17 plan quantity for the actual linear feet measured to perform the needed work. Construction Requirements The contractor shall modify their blasting plan for Bid Item 17, Controlled Blasting of Rock Face as follows: The contractor shall use Dyno AP as the explosive for production blasting. The contractor shall drill and place explosives for pre -split and production blasting at intervals no greater than 5 feet between each hole. The contractor shall drill and place explosives for pre -split and production blast holes to a depth no deeper than the final grade. Additional blasting beneath the final grade may be conducted as needed to obtain the desired ditch line. 3.5-foot diameter relief holes between the production blast holes and the CenturyLink fiber line shall be used for all blasting beneath the final grade. Relief holes shall be drilled no closer than 6 feet horizontally from the CenturyLink fiber line. The Contractor shall install seismographs at two locations along the CenturyLink line to monitor vibrations for each blast. Payment 11CO23 Additional Blasting" lump sum equitable adjustment shall be full compensation for all mobilization, labor, equipment, and materials necessary to perform the work described above that is not already covered in the plan quantity for Bid Item 17. Working Days The number of working days is not affected by this change order. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION DATE:04/27/23 CHANGE ORDER PAGE 3 of 3 I ICONTRACT NO:009623 I CHANGE ORDER NO: 23 I IITEMIGROUPISTD I UNIT OF I UNIT PRICE I EST QTY CHANGE I EST AMT CHANGE I NO I NO (ITEM I I I I I MEASURE I I I I ITEM DESCRIPTION: CONTROLLED BLASTING OF ROCK FACE 0017 01 0370 L.F. 50.00 572.00 28,600.00 ITEM DESCRIPTION: "CO23 ADDITIONAL BLASTING" 1050 01 L.S. 45,935.59 1.00 45,935.59 AMOUNT TOTAL ----------------- 74,535.59 ----------------- ----------------- WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CHANGE ORDER DATE:05/25/23 PAGE 1. of 4 --------------------------------------------------------------------------------------------- CONTRACT NO: 009623 FEDERAL AID NO:TIGERIX 4123(005) CONTRACT TITLE: BARKER RD BNSF GRADE SEPARATION SPOKANE COUNTY -MP CHANGE ORDER NO: 56 ADA RAMP REVISIONS PRIME CONTRACTOR: 910609531 MAX J. KUNEY COMPANY 120 N RALPH ST 99202-4744 SPOKANE WA 99220-0008 (X)Ordered by Engineer under the terms of Section 1-04.4 of the Standard Specifications ( )Change proposed by Contractor ENDORSED BY: Lealme MiGG�Y (ALg 24, 20231.Qr:40 c D'1 CONTRACTOR SIGNATURE Aug 24, 2023 DATE ORIGINAL CONTRACT AMOUNT: CURRENT CONTRACT AMOUNT: ESTIMATED NET CHANGE THIS ORDER: ESTIMATED CONTRACT TOTAL AFTER CHANGE: Signature Required: Project Engineer ( )Regional Administrator PROJECT ENGINEER SIGNATURE REGIONAL ADMINISTRATOR SIGNATURE DATE SURETY CONSENT: ATTORNEY IN FACT DATE 11,637,134.00 13,745,967.22 3,839.39 13,749,806.61 ( )State Construction Engineer Other Agency STATE CONSTRUCTION ENGINEER SIGNATURE DATE OTHER APPROVAL, WHEN REQUIRED SIGNATURE DATE I REPRESENTING CG02v04(revised Feb 2005) WASHINGTON STATE DEPARTMENT OF' TRANSPORTATION DATE:05/25/23 CHANGE ORDER PAGE 2 of 4 I CONTRACT NO:009623 CHANGE ORDER NO: 56 All work, materials, and measurements to be in accordance with the provisions of the Standard Specifications and Special Provisions for the type of construction involved. This contract is revised as follows: Description This change order addresses the plan modifications to the slopes of the ADA sidewalk ramps at the intersection of Barker Road and the Private Road at BA 86+224.25; 31.51RT (PV8-4) and BA 86+96.93; 31.5'RT (PV8-5) to accommodate for the profile grade of Barker Road along the curb at the intersection. Plan Sheets Plan sheet 121 (PV8) of 250 are replaced by page 4 of this change order. Materials The requirements of Section 6-04 and 8-14 shall apply. Construction Requirements All work shall meet the requirements of Section 6-04.3 and 8-14.3. Requirements of WSDOT Standard Plan F-45.10-03 Detectable Warning Surface, Single Direction Curb Ramp details and WSDOT Standard Plan F-40.16-03 Single Direction Curb Ramp detail. Payment "CO #56 Private Road Curb Ramps", lump sum, shall be full compensation for all materials, mobilization, labor, and equipment necessary to perform the work described above. Working Days The number of working days is not affected by this change order. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CHANGE ORDER DATE:05/25/23 PAGE 3 of 4 ICONTRACT NO:009623 CHANGE ORDER NO: 56 JITEMIGROUPISTD I UNIT OF I UNIT PRICE I EST QTY CHANGE I EST AMT CHANGE I NO I NO (ITEM I MEASURE I I I I I I - I - I I I ITEM DESCRIPTION: "CO #56 PRIVATE ROAD CURB RAMPS" 1060 04 L.S. 3,839.39 1.00 3,839.39 AMOUNT TOTAL ----------------- 3,839.39 ---------- 00-69 VIS VO - 6 ry Z.< w W. -IFIMMhAF� WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CHANGE ORDER DATE:06/16/23 PAGE 1 of 3 --------------------------------------------------------------------------------------------- CONTRACT NO: 009623 FEDERAL AID NO:TIGERIX 4123(005) CONTRACT TITLE: BARKER RD BNSF GRADE SEPARATION SPOKANE COUNTY -MP CHANGE ORDER NO: 60 OUT OF SEQUENCE TC PRIME CONTRACTOR: 910609531 MAX J. KUNEY COMPANY 120 N RALPH ST 99202-4744 SPOKANE WA 99220-0008 (X)Ordered by Engineer under the terms of Section 1-04.4 of the Standard Specifications ( )Change proposed by Contractor ENDORSED BY: 7,,,nre Mfflor(Sop 11, 2G23 14:50 PDT) CONTRACTOR SIGNATURE Sep 11, 2023 DATE ORIGINAL CONTRACT AMOUNT: CURRENT CONTRACT AMOUNT: ESTIMATED NET CHANGE THIS ORDER: ESTIMATED CONTRACT TOTAL AFTER CHANGE: Signature Required: )Project Engineer ( )Regional Administrator PROJECT ENGINEER SIGNATURE DATE REGIONAL ADMINISTRATOR SIGNATURE SURETY CONSENT: I ATTORNEY IN FACT DATE 11,637,134.00 13,801,886.35 4,548.32 13,806,434.67 ( )State Construction Engineer 4eOther Agency STATE CONSTRUCTION ENGINEER SIGNATURE DATE OTHER APPROVAL WHEN REQUIRED SIGNATURE DATE DATE CG02v04(revised Feb 2005) REPRESENTING WASHINGTON STATE DEPARTMENT OF TRANSPORTATION DATE:06/16/23 CHANGE ORDER PAGE 2 of 3 CONTRACT NO:009623 CHANGE ORDER NO: 60 All work, materials, and measurements to be in accordance with the provisions of the Standard Specifications and Special Provisions for the type of construction involved. This contract is revised as follows: Description This change order provides compensation to the Contractor for out of sequence traffic control on the project as a result of the resequencing of work to open the roundabout in the fall of 2021. Payment "CO #60 Traffic Control", lump sum, shall be full compensation for all mobilization, labor, materials and equipment necessary to perform added traffic control as described in this CO excluding Portable Changeable Message Signs (already covered by an existing contract Bid Item). Working Days The number of working days is not affected by this change order. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CHANGE ORDER DATE:06/16/23 PAGE 3 of 3 I CONTRACT NO:009623 CHANGE ORDER NO: 60 I I (ITEMIGROUPISTD I UNIT OF I UNIT PRICE I EST QTY CHANGE I EST AMT CHANGE NO I NO (ITEM I MEASURE I ITEM DESCRIPTION: "CO #60 TRAFFIC CONTROL" 1062 01 L.S. 4,548.32 1.00 4,548.32 AMOUNT TOTAL ----------------- 4,548.32 ----------------- ----------------- WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CHANGE ORDER DATE:04/12/23 PAGE 1 of 3 --------------------------------------------------------------------------------------------- CONTRACT NO: 009623 FEDERAL AID NO:TIGERIX 4123(005) CONTRACT TITLE: BARKER RD BNSF GRADE SEPARATION SPOKANE COUNTY -MP CHANGE ORDER NO: 65 MONUMENT CASE AND COVER PRIME CONTRACTOR: 910609531 MAX J. KUNEY COMPANY 120 N RALPH ST 99202-4744 SPOKANE WA 99220-0008 ( )Ordered by Engineer under the terms of Section 1-04.4 of the Standard Specifications (X)Change proposed by Contractor ENDORSED BY: l�a��re MiGGeY I.caiiiin(,,�4oulei n(i gz4,,20237O42� CONTRACTOR SIGNATURE Aug 24, 2023 DATE ORIGINAL CONTRACT AMOUNT: CURRENT CONTRACT AMOUNT: ESTIMATED NET CHANGE THIS ORDER: ESTIMATED CONTRACT TOTAL AFTER CHANGE: Signature Required: )Project Engineer ( )Regional Administrator PROJECT ENGINEER SIGNATURE ■0709J1 REGIONAL ADMINISTRATOR SIGNATURE DATE SURETY CONSENT: I I ATTORNEY IN FACT I I DATE I 11,637,134.00 13,406,301.76 2,675.00 13,408,976.76 ( )State Construction Engineer Other Agency STATE CONSTRUCTION ENGINEER SIGNATURE DATE OTHER APPROVAL WHEN REQUIRED SIGNATURE I REPRESENTING I DATE I I I I CG02v04(revised Feb 2005) WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CHANGE ORDER DATE:04/12/23 PAGE 2 of 3 I CONTRACT NO:009623 CHANGE ORDER NO: 65 All work, materials, and measurements to be in accordance with the provisions of the Standard Specifications and Special Provisions for the type of construction involved. This contract is revised as follows: Description This change order adds the installation of a Monument Case and Cover at BA Sta. 89+96.47 (25.78' RT) and deletes Bid Item 139 from the Contract Materials The requirements of Section 7-03 shall apply. Construction Requirements All work shall meet the requirements of Section 7-03.3. Payment "CO #65 Monument Case and Cover", lump sum, shall be full compensation for all mobilization, labor, equipment, and materials necessary to perform the work described above. Working Days The number of working days is not affected by this change order. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CHANGE ORDER DATE:04/12/23 PAGE 3 of 3 I ICONTRACT NO:009623 CHANGE ORDER NO: 65 JITEMIGROUPISTD I UNIT OF I UNIT PRICE EST QTY CHANGE I EST AMT CHANGE I NO I NO (ITEM I MEASURE I ITEM DESCRIPTION: MONUMENT CASE AND COVER 0139 04 7045 EACH 625.00 -1.00 -625.00 ITEM DESCRIPTION: 1049 04 L.S. 3,300.00 1.00 3,300.00 AMOUNT TOTAL ----------------- 2,675.00 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CHANGE ORDER DATE:07/26/23 PAGE 1 of 3 --------------------------------------------------------------------------------------------- CONTRACT NO: 009623 FEDERAL AID NO:TIGERIX 4123(005) CONTRACT TITLE: BARKER RD BNSF GRADE SEPARATION SPOKANE COUNTY -MP CHANGE ORDER NO: 70 MAILBOX AND ROADWAY ITEMS PRIME CONTRACTOR: 910609531 MAX J. KUNEY COMPANY 120 N RALPH ST 99202-4744 SPOKANE WA 99220-0008 (X)Ordered by Engineer under the terms of Section 1-04.4 of the Standard Specifications ( )Change proposed by Contractor ENDORSED BY: -Mel M'Vlc,r (Sep 25, 2J231.h:13 FrG)T CONTRACTOR SIGNATURE Sep 25, 2023 DATE ORIGINAL CONTRACT AMOUNT: CURRENT CONTRACT AMOUNT: ESTIMATED NET CHANGE THIS ORDER: ESTIMATED CONTRACT TOTAL AFTER CHANGE: Signature Required: )Project Engineer ( )Regional Administrator PROJECT ENGINEER SIGNATURE DATE SURETY CONSENT: ATTORNEY IN FACT DATE 11,637,134.00 13,772,459.67 915.67 13,773,375.34 ( )State Construction Engineer OA Other Agency STATE CONSTRUCTION ENGINEER SIGNATURE I I I I DATE I OTHER APPROVAL WHEN REQUIRED I I I I I I I I I I I I I I I REGIONAL ADMINISTRATOR SIGNATURE SIGNATURE DATE I I I I I I I I I I I I I I I DATE REPRESENTING � I I CG02v04(revised Feb 2005) WASHINGTON STATE DEPARTMENT OF TRANSPORTATION DATE:07/26/23 CHANGE ORDER PAGE 2 of 3 CONTRACT NO:009623 CHANGE ORDER NO: 70 All work, materials, and measurements to be in accordance with the provisions of the Standard Specifications and Special Provisions for the type of construction involved. This contract is revised as follows: Description This change order adds a permanent sign (R3-8), adds non -typical tubular marker installation -in gravel, and deletes Bid Items #163 and #164. Materials The requirements of Section 8-21.2 shall apply. Construction Requirements The requirements of Section 8-21.3 shall apply. Measurement No unit of measurement. Payment "CO 470 Mailbox and Roadway Items", lump sum, shall be full compensation for all mobilization, labor, equipment, and materials necessary to perform the work described above. Working Days The number of working days is not affected by this change order. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CHANGE ORDER DATE:07/26/23 PAGE 3 of 3 I I ICONTRACT NO:009623 CHANGE ORDER NO: 70 JITEMIGROUPISTD I UNIT OF I UNIT PRICE I EST QTY CHANGE I EST AMT CHANGE I NO I NO (ITEM I MEASURE I ITEM DESCRIPTION: MAILBOX SUPPORT TYPE 1 0163 01 7562 EACH 400.00 -3.00 -1,200.00 ITEM DESCRIPTION: MAILBOX SUPPORT TYPE 2 0164 01 7562 EACH 625.00 -1.00 -625.00 ITEM DESCRIPTION: "CO #VO MAILBOX AND ROADWAY ITEMS" 1066 01 L.S. 2,740.67 1.00 2,740.67 AMOUNT TOTAL ----------------- 915.67 oz ap 0 O o 0 o .O N a4 3 KF a b ° 0 3 a C eo p o 0 °' o .. 8 C T en m w en o o eKn f. 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U U OOO U U U U O O U U O O U U O O U U O O U U O O U U O O U U rrrrr� O U O O U U O O U U O O U U O O U U O lu O U O O U U O O U U O U U p b 3 b as o A 0 C i3 O C O d y A F o 9 j 3 ro 0 0 U J 09 N ° ro b o o C o o ° o x ° as .5 G y � O 1x a° o d n b ro ° o x ° tCi 3 0; O A a O C x0 C ^4 0 o 0 N b ro 0. 0 0 0 ❑ ONNE O d °a m �22 .. �a ti 0 ° op. w° C 4.1 o a [[ L" o ., CO ro e4 .p .ro w en o p A pp O aa� 14, I� o U Oq x � U o � ° ultu a ;O d 18 k ro�wro ro dwro��3� O � . 11 rTMrTTTl U CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 3, 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: Motion Consideration: Interlocal Agreement with Liberty Lake for Joint Planning GOVERNING LEGISLATION: RCW 39.34 — Interlocal Cooperation Act RCW 37.70A — Growth Management Planning PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: One of the goals of the Washington State Growth Management Act (GMA) is to ensure that there is coordination between communities and jurisdictions related to impacts from current, planned, and future growth. To this end, the City of Liberty Lake and the City of Spokane Valley acknowledge that impacts from development do not stop at their borders. The most prevalent impact is related to traffic impacts; impacts in Liberty Lake by development in Spokane Valley and impacts in Spokane Valley by development in Liberty Lake. This Interlocal Agreement addresses the policies and procedures for reciprocal review and mitigation of impacts that occur as result of development near the borders of the respective jurisdictions. The significant steps presented in the Interlocal Agreement include providing Notice of Applications, conducting a collaborative review of development proposals, identifying proposed mitigation measures for review and consideration, and withholding final approval until mitigation is addressed by the project proponents. Overall, this Interlocal Agreement will assure both cities that joint planning is conducted in areas where there are extra -jurisdictional impacts. OPTIONS: (1) Approve the Interlocal Agreement in substantially the form provided; or (2) take other action as deemed; appropriate. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute the Interlocal Agreement with Liberty Lake for Joint Planning in substantially the form provided. BUDGET/FINANCIAL IMPACTS: None anticipated. Expenditures associated with this Interlocal Agreement for Joint Planning are part of normal city operations. STAFF CONTACT: Kelly Konkright, Lukins & Annis ATTACHMENTS: Draft Interlocal Agreement — Liberty Lake for Joint Planning INTERLOCAL AGREEMENT REGARDING JOINT PLANNING BETWEEN THE CITY OF SPOKANE VALLEY AND THE CITY OF LIBERTY LAKE This Agreement ("Agreement") is entered into by the City of Spokane Valley, hereinafter referred to as "Spokane Valley," and the City of Liberty Lake, hereinafter referred to as "Liberty Lake," jointly referred to as the "Parties." WHEREAS, a goal of the Washington State Growth Management Act (GMA) is to ensure coordination between communities and jurisdictions to reconcile conflicts; and WHEREAS, pursuant to the provisions of RCW 39.34.030(2), any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of Chapter 39.34 RCW; and WHEREAS, the best interests of the citizens of Spokane Valley and Liberty Lake are served through an Interlocal Agreement that specifies the reciprocal imposition of mitigation requirements and improvements for developments that impact the transportation system(s) of either or both jurisdictions; and WHEREAS, this Agreement relates to and addresses the policies and procedures for reciprocal review and mitigation of extra jurisdictional transportation system impacts in (a) Liberty Lake by development in Spokane Valley, and (b) Spokane Valley by development in Liberty Lake; and WHEREAS, within their own jurisdictions, Spokane Valley and Liberty Lake each have responsibility and authority derived from the Washington State Constitution, State laws, and local ordinances to plan for and regulate uses of land and resultant environmental impacts, and by law must consider the impacts of governmental actions on adjacent jurisdictions; and WHEREAS, Spokane Valley and Liberty Lake recognize that planning and land use decisions can have extra jurisdictional impacts and that intergovernmental cooperation is an effective way to deal with impacts and opportunities that transcend local jurisdictional boundaries; and WHEREAS, developments in Spokane Valley or Liberty Lake may negatively impact the other municipality's ability to plan and provide adequate transportation facilities in compliance with Chapter 36.70A RCW. NOW, THEREFORE, in order to coordinate the review and approval of land use actions and to ensure that transportation capacity for development meets concurrency requirements, the Parties agree to cooperative joint planning pursuant to the following terms and conditions: 1. Le2al basis: This Agreement is entered into pursuant to Chapter 36.70A RCW (the Growth Management Act), Chapter 43.21 C RCW (SEPA), Chapter 36.7013 RCW (Local Interlocal Agreement on Joint Planning - I Project Review), Chapter 39.34 RCW (the Interlocal Cooperation Act), Chapter 82.02 RCW (Excise Taxes), Chapter 21.20 SVMC (State Environmental Policy Act), Chapter 22.20 SVMC (Concurrency), and Article 10-6A LLDC (Environmental Ordinance). 2. Intent: It is the intent of the Parties: a. To ensure that transportation improvements necessary to mitigate transportation impacts in Spokane Valley and Liberty Lake resulting from developments in the other municipality are identified and constructed concurrent with development, and/or that adequate funding is secured to finance construction of such transportation improvements concurrent with development, as required by RCW 36.70A.070(6)(b). b. To ensure that development standards relating to streets, sidewalks, curbing, drainage, and utilities are compatible and evolve towards consistency by establishing and implementing consistent development regulations and procedures governing developments that will have cross jurisdictional impacts. 3. Definitions: a. "Affected Jurisdiction" means the party to this Agreement whose transportation system will be significantly impacted by a Subject Development proposed within the other parry's jurisdictional boundaries. b. "Approving Jurisdiction" means the parry to this Agreement in whose jurisdiction a Subject Development is proposed, which Subject Development will significantly impact the transportation system in the other parry's jurisdiction. 4. Applicability: The Agreement shall apply to all development proposals within Spokane Valley and Liberty Lake that are (a) not categorically exempt from the State Environmental Policy Act (SEPA), RCW 43.21C. et seq. and WAC 197-11 et seq.; and (b) within 1.5 miles of any point along the other municipality's city limit boundary. Development projects covered by this Agreement are referred to hereinafter as "Subject Developments." 5. Notice: Notice of Application, Notice of Hearing, and Notice of Decision required by RCW 36.7013 et seq. and any environmental checklist, EIS or other environmental document required pursuant to RCW 43.21 C et seq. for Subject Development proposals shall be provided to each parry by the other parry in a timely manner and in accordance with applicable regulations. The Parties further agree they shall provide each other at least seven (7) days calendar notice of any pre -application meeting or technical review meeting(s), as applicable, with respect to a development proposal and to allow and encourage each other to attend any building permit preconstruction conference. Such notice shall be in the form of standard notice for such technical review meeting given by either parry. Interlocal Agreement on Joint Planning - 2 6. Collaborative Review of Subiect Development Proposals: The Parties recognize that development activity within their respective jurisdictions may cause transportation impacts and may impact transportation levels of service in neighboring jurisdictions. To properly identify and mitigate Subject Development related transportation impacts, the Parties agree that: a. The Parties agree that the transportation impacts from a Subject Development may require the applicant thereof to mitigate impacts for any of the following: safety, access, circulation, and level of service capacity improvement projects, which may include proportionate share impact mitigation. b. Unless otherwise prohibited by law, the Parties shall require applicants for Subject Developments to submit a trip generation and distribution letter ("TGDL") in connection with said development. The Parties shall require the applicant to prepare a Traffic Impact Analysis ("TIA") when the TGDL indicates the Subject Development will create 100 pm or more peak hour trips to the neighboring Party's jurisdiction. The TIA shall quantify the transportation impacts of the Subject Development activity and identify potential mitigation of all significant impacts. For purposes of this Agreement, the TIA has the same meaning as in Section 3.4 of the Spokane Valley Street Standards, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. The TIA shall evaluate the impacts of the development proposal generated trips on those arterial and collector roadways and intersections as identified on the Washington State Department of Transportation Functional Classification Map. In the event a Parry requires preparation of a TIA for a Subject Development in their jurisdiction, the other Parry shall be given a reasonable opportunity to participate in the scoping used to determine the depth of analysis. d. In the event a TIA is not required under Section 6(c) of this Agreement, the Affected Jurisdiction shall be responsible for individualized analysis, documentation, hearing testimony, and legal review (including the private property protection process of RCW 36.70A.370) of any recommendation made by the Affected Jurisdiction for imposition of mitigation measures on development within the Approving Jurisdiction. The Affected Jurisdiction shall provide all supporting documentation to the Approving Jurisdiction for inclusion in the record for the development within the Approving Jurisdiction. The Affected Jurisdiction shall be responsible for all accounting, administration, and compliance with Chapter 82.02 RCW related to mitigation by developments within the approving jurisdiction for impacts in the affected jurisdiction. Interlocal Agreement on Joint Planning - 3 e. The Parties agree that while a proposed Subject Development may not generate sufficient trips to require a TIA, the TGDL may identify impacts to each parry's transportation systems. If it is determined by Spokane Valley that a Subject Development in Liberty Lake will impact Spokane Valley's transportation system, Spokane Valley shall notify Liberty Lake of specific measures reasonably necessary to mitigate said impacts in accordance with Spokane Valley's designated mitigation policies. For each mitigation measure required, Spokane Valley shall identify the specific impacts and reference the relevant Spokane Valley mitigation policy. Notification of the specific mitigation measures shall be provided by Spokane Valley within fourteen (14) calendar days of the date of notice of application provided in Section 5, except where notice is for review of an environmental impact statement, in which case the review period shall be as established in accordance with WAC 197-11-502 as now existing or hereafter amended. If it is determined by Liberty Lake that a Subject Development in Spokane Valley will impact Liberty Lake's transportation system, Liberty Lake shall notify Spokane Valley of specific measures reasonably necessary to mitigate said impacts in accordance with Liberty Lake's designated mitigation policies. For each mitigation measure required, Liberty Lake shall identify the specific impacts and reference the relevant Liberty Lake mitigation policy. Notification of the specific mitigation measures shall be provided by Liberty Lake within fourteen (14) calendar days of the date of notice of application provided in Section 5, except where notice is for review of an environmental impact statement, in which case the review period shall be as established in accordance with WAC 197-11-502 as now existing or hereafter amended. g. The Parties' staff shall recommend imposing the requested mitigation measures in accordance with this Agreement as a condition of development approval to the extent that such requirements are reasonably related to the impact of the Subject Development and consistent with the terms of this Agreement and applicable law. The approving authority for each parry will impose such mitigation measures as a condition of approval of the development in conformance with the terms of this Agreement unless such action would not comply with existing laws or statutes. If either parry determines that it may not recommend imposing the mitigation measures requested by the other parry, the Approving Jurisdiction will notify the Affected Jurisdiction as soon as possible and work with the Affected Jurisdiction to mutually resolve any differences prior to development approval. h. The Parties (or their authorized designees) shall provide comment and confer on Subject Development proposals within fourteen (14) days of receipt of any review documents in order to facilitate the timely issuance of any final Determination of Non -Significance ("DNS"), Mitigated Determination of Non -Significance ("MDNS") or staff report to the Hearing Examiner in an attempt to reach a consensus position/recommendation. Interlocal Agreement on Joint Planning - 4 In any SEPA document(s): A. Where the Parties have reached consensus on the methodology of the analysis, the identified mitigation, and the proportionality of the identified mitigation, as applicable, the Approving Jurisdiction shall include the consensus/collective recommendation and proposed mitigation conditions. B. Where the Parties are unable to reach consensus, the Approving Jurisdiction shall include their individual recommendations and any proposed mitigation conditions. For projects proceeding to a public hearing: A. Where the Parties have reached consensus on the methodology of the analysis, the identified mitigation, and the proportionality of the identified mitigation, as applicable, the Parties shall include the comments, consensus/collective recommendation and proposed mitigation conditions in their respective staff report or other document submitted to the Hearing Examiner or other appropriate hearing body. B. Where the Parties are unable to reach consensus, the Parties shall include their individual recommendations and any proposed mitigation conditions in their respective staff report or other document submitted to the Hearing Examiner or other appropriate hearing body. Subject Developments that cause levels of service on locally owned transportation facilities in either jurisdiction to drop below the standards adopted in the transportation elements of the respective Parties' comprehensive plans shall not be approved, unless approval is conditioned on the applicant (or its assigns and transferees) making transportation improvements, dedication of land, or financial contributions to the Affected Jurisdiction which proportionally mitigate the direct traffic impacts to the Affected Jurisdiction's transportation system. In approving Subject Development proposals that will result in significant traffic impacts in the Affected Jurisdiction, the Approving Jurisdiction shall require either (a) construction of transportation improvements necessary to mitigate transportation impacts to the Affected Jurisdiction concurrent with development as required by RCW 36.70A.070(6)(b); and/or (b) dedication of such land or payment of money in lieu of construction improvements that is necessary to mitigate such impacts to the Affected Jurisdiction. All such fees shall be collected by the Affected Jurisdiction and encumbered as provided in RCW 82.02.020. The Affected Jurisdiction shall provide the payor for the Subject Development and the Approving Jurisdiction with a receipt of payment for such fees as proof of mitigation. Interlocal Agreement on Joint Planning - 5 k. When the Subject Development applicant is required to construct transportation improvements in the Affected Jurisdiction, the Approving Jurisdiction will require said applicant to construct the identified mitigation in compliance with the Affected Jurisdiction's development standards. 1. When construction of improvements necessary to mitigate identified transportation impacts does not take place concurrent with the Subject Development, the Parties shall quantify the financial contributions to be paid by the Subject Development applicant in order to mitigate the direct traffic impacts on the Affected Jurisdiction. Financial contributions shall be made prior to the approval of the Subject Development, unless the Subject Development applicant agrees, in a signed writing that is binding on future transferees of any portion of the real property within the Subject Development, to make multiple payments towards the financial contribution at designated times that ensure no building permit within the Subject Development is approved unless and until financial contributions have been made covering the traffic impacts to the Affected Jurisdiction's transportation system associated with the trips that will be generated at full build out of (1) the building permit being applied for, and (2) all other building permits that have been previously approved within the Subject Development. m. Developments within Liberty Lake that front on Spokane Valley right-of-way may also be required to provide frontage improvements, dedicate or deed right-of-way, and meet access -point requirements consistent with the Spokane Valley Street Standards. n. Developments within Spokane Valley that front on Liberty Lake right-of-way may also be required to provide frontage improvements, dedicate or deed right-of-way, and meet access -point requirements consistent with Liberty Lake Engineering Design Standards. 7. Impact Mitigation Agreements: The Parties agree that the Approving Jurisdiction will give full force and effect to all traffic impact mitigation agreements entered into by the Affected Jurisdiction with an applicant for development within the Approving Jurisdiction. This duty applies whether or not said mitigation agreement was executed before or after approval and execution of this Agreement. 8. Other Regulations: Nothing in this Agreement shall supersede or negate any existing land use or development regulation of the Parties. 9. Additional Agreements: The Parties contemplate future joint planning agreements that may relate to each respective jurisdiction. Nothing in this Agreement is intended to prohibit the development of future agreements relating to either the impacts identified above or other impacts that may now or in the future exist. Interlocal Agreement on Joint Planning- 6 10. Ri2hts Reserved: Nothing in this Agreement is intended to waive or limit the rights of the Parties to require mitigation for any impact as allowed by federal, state, or local laws or ordinances including but not limited to environmental impacts governed by RCW 43.21C et seq. or mitigation fees governed by RCW 82.02.050 et seq. 11. Development and Review of Mitigation Policies: Spokane Valley and Liberty Lake will periodically review their existing mitigation policies for consistency in the implementation of this Agreement and will promptly notify the other in the event of any material change in such policies. In that event, the Parties agree to amend this Agreement as appropriate. 12. Change in Standards or Ordinances: Any change in the Parties respective (i) development regulations (ii) impact fees, or (iii) comprehensive plans regardless of whether they affect each other's jurisdiction shall be forwarded to the other party within 21 calendar days of passage. 13. Mediation of Disputes: For any dispute arising from this Agreement, the Parties shall first meet informally in an attempt to reach resolution. Mediation is not a condition to commencing a legal action or appealing (or otherwise contesting) an action taken by a Party. If such dispute is not resolved through the Parties' informal attempts within thirty (30) calendar days, a parry may submit such dispute to mediation in Spokane, Washington, or such other location as may be agreed upon by the Parties, before a mutually agreeable single mediator, or if such person cannot be agreed upon, a mediator shall be designated by the Presiding Judge (or designee) of the Superior Court of the State of Washington for Spokane County. The Parry seeking mediation shall apply to the court within thirty (30) days after the expiration of the thirty (30) calendar days for the Parties informal attempts to resolve the dispute and shall request mediation within forty-five (45) days thereafter. The mediator's fees shall be shared equally by the Parties. 14. Indemnification and Liability: Spokane Valley shall protect, hold harmless, indemnify and defend, at its own expense, Liberty Lake, its elected and appointed officials, officers, employees, and agents, from any loss or claim for damages of any nature whatsoever arising out of Spokane Valley's performance of this Agreement, including claims by Spokane Valley's employees or third parties, except for those damages caused solely by the negligence or willful misconduct of Spokane Valley, its elected and appointed officials, officers, employees, or agents. b. Liberty Lake shall protect, hold harmless, indemnify and defend, at its own expense, Spokane Valley, its elected and appointed officials, officers, employees, and agents, from any loss or claim for damages of any nature whatsoever arising out of Liberty Lake's performance of this Agreement, including claims by Liberty Lake's Interlocal Agreement on Joint Planning- 7 employees or third parties, except for those damages caused solely by the negligence or willful misconduct of Liberty Lake, its elected and appointed officials, officers, employees, or agents. In the event of liability for damages of any nature whatsoever arising out of the performance of this Agreement by Spokane Valley and Liberty Lake, including claims by Spokane Valley's or Liberty Lake's own officers, officials, employees, agents, volunteers, or third parties, caused by or resulting from the concurrent negligence of Spokane Valley and Liberty Lake, each party shall only be liable to the extent of that parry's negligence. d. No liability shall be attached to Spokane Valley or Liberty Lake by reason of entering into this Agreement, except as expressly provided herein. 15. Severability: If any provision of this Agreement or its application to any person or circumstance is held invalid, the remainder of the provisions and/or the application of the provisions to other persons or circumstances shall not be affected. In such case, the Parties agree to meet and amend this Agreement as may be mutually deemed necessary. 16. Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to the matters set forth herein. This Agreement may be amended in writing by mutual agreement of the Parties. 17. Desi2nated Representative: The Parties agree that the City Manager or his/her designee shall be the designated representative of Spokane Valley for the coordination of this Agreement and for receipt of any communications related to this Agreement, and the City Administrator or his/her designee shall be the designated representative of Liberty Lake. 18. Effective Date and Duration: This Agreement shall become effective following the approval of the Agreement by the official governing bodies of each of the Parties hereto and the signing of the Agreement by the duly designated representative of each of the Parties hereto and shall remain in effect for 10 years unless terminated earlier in accordance with this Agreement. This Agreement shall automatically renew for successive 10-year terms unless the non -renewing party gives notice of non -renewal to the other party at least 1 year before expiration of the current term. 19. Termination: Either party may terminate its obligations under this Agreement upon one hundred eighty (180) days written notice to the other party. Following a termination, Spokane Valley and Liberty Lake are responsible for fulfilling any outstanding obligations under this Agreement, or amendment thereto, including prior to the effective date of the termination. 20. Headings: The paragraph headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purpose to, and shall not be deemed to define, limit, or extend the scope or intent of the paragraphs to which they pertain. Interlocal Agreement on Joint Planning - 8 21. Counterparts: This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original. 22. Property and Equipment: The ownership of all property and equipment utilized by any party to meet its obligations under the terms of this Agreement shall remain with such party. 23. Venue Stipulation: This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action at law, suit in equity, or judicial proceedings for the enforcement of this Agreement, or any provisions hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. 24. Notices: All notices or other communication given hereunder shall be deemed given on: (i) the day such notices or other communications are received, when sent by personal delivery; or (ii) the third day following the day on which the same has been mailed by certified mail delivery, receipt requested and postage prepaid addressed to the Parties at the addresses set forth below, or at such other address as the Parties shall from time -to - time designate by notice in to the other Parties. CITY OF SPOKANE VALLEY CITY OF LIBERTY LAKE 25. RCW 39.34 Required Clauses: A. Purpose See Paragraph 2 above. B. Duration See Paragraph 18 above. City of Spokane Valley City Manager or his/her authorized representative City Hall 10210 E. Sprague Avenue Spokane Valley, WA 99206 City of Liberty Lake City Administrator or his/her authorized representative City Hall 22710 E. Country Vista Drive Liberty Lake, WA 99019 C. Organization of separate entity and its powers No new or separate legal or administrative entity is created to administer the provisions of this Agreement. Interlocal Agreement on Joint Planning - 9 D. Responsibilities of the Parties. See provisions above. E. Agreement to be filed. Spokane Valley and Liberty Lake shall file the Agreement with their respective City Clerk's. F. Financing Each Party shall be responsible for the financing of its contractual obligations under its normal budgetary process. G. Termination See paragraph 19 above. 26. Events of Default: It shall be an "Event of Default" under this Agreement if either of the Parties fails duly to perform, observe, or comply with the covenants, agreements, or conditions on its part contained in this Agreement, and such default shall continue for a period of sixty (60) days after written notice of such failure, requesting the same to be remedied, shall have been given to the parry in default by the non -defaulting party, provided however that such failure shall not be an Event of Default if it is knowingly and intentionally waived by the non -defaulting parry. 27. Remedies: Upon the occurrence and continuance of any Event of Default, the non - defaulting parry's exclusive remedies shall be specific performance, declaratory judgment, and other equitable remedies. 28. Exhibits: Exhibit "A" Section 3.4 of the Spokane Valley Street Standards IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year opposite their respective signature blocks. ATTEST: City Clerk Interlocal Agreement on Joint Planning - 10 CITY OF SPOKANE VALLEY Title: Approved as to form: City Attorney ATTEST: City Clerk Interlocal Agreement on Joint Planning - 11 CITY OF LIBERTY LAKE Title: Approved as to form: City Attorney CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 3, 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: Motion Consideration to approve Justice Assistance Grant Disparate Allocation Memorandum of Understanding GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Council approved JAG applications for the years 2009- 2021. Council had an administrative report on September 26, 2023. BACKGROUND: The Department of Justice annually awards Edward Byrne Justice Assistance Grants ("JAG grants") to local jurisdictions around the United States to be used for various criminal justice purposes. The award formula is based upon population and violent crime statistics for states. The state portion is then split, with local jurisdictions receiving 40% of the funds. The split between local jurisdictions is based upon each jurisdiction's proportion of the three-year violent crime average. Depending on the amounts awarded between cities and counties, cities may be considered to receive a disparate allocation, where they receive over 150% of the county's allocation. When a city receives a disparate allocation, they are required to enter into an agreement with other cities receiving a disparate allocation and the county to jointly agree on how to spend all the combined grant funds. In 2009, the City received a disparate allocation and participated pursuant to an MOU with Spokane County, the City of Spokane, City of Airway Heights, and City of Cheney in joint application and distribution of JAG grant funds. From 2010 on, the City has not received a disparate allocation and so has been able to apply directly for use of JAG grants. As a direct allocation applicant, the City has received amounts ranging from $44,000 in 2010 to approximately $29,000 in 2021 and used these grant funds to acquire various types of small equipment for officers and other necessary items identified by the Spokane Valley Police Department. Historically, the City has relied on recommendations from the Spokane Valley Police Chief for recommended projects. Allowable uses change periodically depending on areas of emphasis identified by the Department of Justice pursuant to the policy directives of the current Presidential Administration. Since 2010, City staff have been responsible for administering JAG grants and there is a substantial amount of work to ensure reporting and compliance for the awarded grants. In 2021, the City had significant difficulty identifying needs that could be paid for with JAG grant funds. Due to this and the amount of staff time and work involved to administer the grant versus the relative value received, the City did not apply for a JAG grant in 2022. In 2023, the City was notified that it would qualify to receive an allocation of $35,018. This amount qualified as a "disparate allocation" relative to Spokane County's allocation of $21,945. The City of Spokane also receives a disparate allocation ($157,852 for 2023) relative to Spokane County. Pursuant to federal law governing disparate allocations, the City, City of Spokane, and Spokane County must enter into an agreement to jointly plan for how to spend and administer the combined JAG grant funds. The City of Spokane, Spokane County, and Spokane Valley have negotiated an MOU for joint administration of the JAG grant funds. Under the MOU, the funds would be combined and split amongst the three entities. The City of Spokane and Spokane County would rotate annually as fiscal agent with responsibility for distributing funds and managing reporting compliance. Each year, the fiscal agent would receive 10% of the total funds for administration of the grant prior to distribution of the funds for project purposes. The overall distribution to each entity would be as follows (2023 amounts included for reference): Total amount available: $214,815 10% to fiscal agent to be used for administrative costs ($21,481) 50% of remaining to City of Spokane ($96,666) 50% of remaining to Spokane County ($96,666) The County's portion would then be split as follows: - 50% to Spokane County Sheriff's Office ($48,333) - 50% of this portion would go to City of Spokane Valley uses directly ($24,166) - 50% to Spokane County Prosecutor's Office ($48,333) As has occurred historically, staff have coordinated and agreed with the recommendations from Chief Ellis regarding proposed uses for the SVPD portion, the Sheriff's Office portion, and the Prosecutor's Office portion. Staff believe that the combined use and distribution will result in a net increase in benefit to the City due to the additional funds being directed to the Prosecutor's Office (described in more detail below). In 2023, Chief Ellis and the County are planning to use the funds towards the following purposes: Equipment — SVPD: Allocated funding for the SVPD will be $24,166. SVPD will apply the JAG FY 2023 funding to purchase a security system upgrade for the Spokane Valley Police Precinct, at approximately $24,166. including tax. Prosecution: Spokane County Prosecutor's Office will use funding for the Prosecution and Court Programs purpose area of the grant. Funding will be used to fill a support staff position that will be invaluable to the prosecutors in their preparation and prosecution of property and drug crimes during the award period. This staff support personnel will assist attorneys involved in the prosecution of property and/or drug crimes by setting dates for hearing and motions, monitor the custody status of defendants, generate necessary court documents for charging, trial preparation and sentencing, and conduct some legal research. This position is fundamental to the operations of the Spokane County Prosecutor's Office and for the effective and efficient prosecution of cases in the City of Spokane Valley and across Spokane County. Allocated funding for the staff position in the Prosecutor's Office will be $48,333. Note that while the portion directly used by SVPD will be lower than the City's allocation, staff believe that the net amount awarded to Spokane County will result in a greater benefit to the City than if we just used our direct allocation due to the usage of funds towards the Prosecutor's office. Public safety consists of an entire system, and law enforcement are just the first step in that system towards providing a safer community. Once a criminal has been arrested, it is critical that the Prosecutor's Office is able to effectively and meaningfully prosecute them to hold them accountable and to work to get them to change their behavior in the future. With the recent Blake "fix" now allowing arrest and prosecution of drug possession and use as a gross misdemeanor, it will be important for the Prosecutor's Office to have sufficient resources to prosecute such crimes. The additional staffing position will provide assistance directly towards those types of crimes and provide a benefit to the City. OPTIONS: Approve the MOU for Disparate Allocation JAG Grant; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve the Memorandum of Understanding for joint distribution of the Edward Byrne Memorial Justice Assistance Grant between the City of Spokane Valley, City of Spokane, and Spokane County. BUDGET/FINANCIAL IMPACTS: If approved, the Spokane Valley Police Department would receive $24,166. for 2023 for security enhancements at the Spokane Valley Precinct and ancillary building. STAFF CONTACT: Erik Lamb, Deputy City Manager; Spokane Valley Assistant Police Chief Sean Walter ATTACHMENTS: Draft Memorandum of Understanding MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is between the CITY OF SPOKANE, THE CITY OF SPOKANE VALLEY and SPOKANE COUNTY, SPOKANE COUNTY SHERIFF AND SPOKANE COUNTY PROSECUTOR. The parties agree as follows: 1. BACKGROUND A. Since the inaugural Edward Byrne Memorial Justice Assistance Grant (JAG) in 2005 (and the Local Law Enforcement Block Grant prior to 2005), the City of Spokane and Spokane County have met annually to determine how to re -allocate the disparate funding as defined by the Department of Justice. As a disparate jurisdiction, both entities are required to submit a joint application with one jurisdiction agreeing to serve as fiscal agent. In 2022, as a result of action by the Governor, the City of Spokane Valley was included in the disparate jurisdiction allocation. 2. GRANT ALLOCATION A. In order to streamline this process, effective in 2023 and to apply to future years, the City of Spokane and Spokane County agree to an equal allocation of the annual JAG (i.e., the total JAG allocation for the Spokane County region will be split at fifty percent (50%) each for the City of Spokane and Spokane County). Spokane County's allocation will be split fifty percent (50%) each between the Spokane County Prosecutor's Office and the Spokane County Sheriff s Office. ii. Effective October 1, 2022, the City of Spokane Valley will receive fifty percent (50%) of the Spokane County Sheriff's award. This will continue for each year unless the City of Spokane Valley is not considered a disparate jurisdiction. B. A condition of this equal allocation of funding will be the annual rotation of the fiscal agent between the two jurisdictions. The City of Spokane will act as fiscal agent in 2023 and odd years following. Spokane County will act as fiscal agent in 2024 and even years following. When serving as fiscal agent, that jurisdiction will be allowed up to ten percent (10%) of the award for the costs associated with administering the JAG. The administrative costs each year will be taken by the fiscal agent for that year and will be calculated as ten percent (10%) of the total award. ii. The City of Spokane Valley forgoes the option to take part in the annual rotation. As a result of this decision, it will receive fifty percent (50%) of the Spokane County Sheriff's Office JAG allocation each year. The City of Spokane Valley will collaborate with the Spokane County Sheriff's Office to ensure that all information required for reporting is available for entry each quarter. C. This allocation of funding will need to be revisited if other jurisdictions are added to the current City of Spokane/City of Spokane Valley/Spokane County disparity, nulling the Page 1 of 4 ability to split the balance at fifty percent (50%) between the City of Spokane and Spokane County. Furthermore, if circumstances change in the future and all parties are amenable, this agreement can be revisited. Dated: CITY OF SPOKANE Attest: City Clerk Title: Approved as to form: City Attorney Page 2 of 4 Dated: Attest: City Clerk CITY OF SPOKANE VALLEY Title: Approved as to form: City Attorney Page 3 of 4 PASSED AND ADOPTED this ATTEST: Ginna Vasquez, Clerk of the Board Dated: Dated: day of , 2023. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Mary L. Kuney, Chair Josh Kerns, Vice -Chair Al French, Commissioner Amber Waldref, Commissioner Chris Jordan, Commissioner SPOKANE COUNTY SHERIFF Spokane County Sheriff SPOKANE COUNTY PROSECUTOR Spokane County Prosecutor Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 3, 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: Motion Consideration: 2024 State Legislative Agenda GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: September 5, 2023 - Administrative report discussing the draft 2024 State Legislative Agenda. September 26, 2023 — Motion Consideration discussing the draft 2024 State Legislative Agenda. BACKGROUND: Briahna Murray of Gordon Thomas Honeywell Government Relations presented potential items for the 2024 State Legislative Agenda on September 5 and September 26 and responded to questions and comments. Follow up items from the September 26 meeting include the following changes requested by council to the public safety policy: • Encourage the state to increase penalties for the possession of controlled substances, especially fentanyl, and allocate the necessary funding to ensure the policy can be implemented with readily available treatment services and swift and meaningful consequences for those who fail or lack a willingness to complete treatment. • Enact policies and increased penalties to address rising retail theft and property crimes. OPTIONS: Review and approve the proposed 2024 State Legislative Agenda or provide direction on funding requests (Capital Budget and Transportation Budget) and the policy statements. RECOMMENDED ACTION OR MOTION: Move to approve the proposed 2024 State Legislative Agenda. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Virginia Clough, Legislative Policy Coordinator and Briahna Murray, Gordon Thomas Honeywell Government Relations. ATTACHMENTS: Draft 2024 State Legislative Agenda OF Spokane ..;0o'" Valley 2024 Legislative Agenda 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 ♦ www.spokanevalleywa.gov FUNDING REQUESTS Cross Country/Cyclocross Course The City of Spokane Valley asks the state to contribute $600,000 to a cross country/cyclocross course that can host events for youth, middle school, high school, collegiate, post -collegiate and master athletes. Cross country is a well -established running sport, while cyclocross is a form of bicycle racing. Located at Flora Park, the over 60-acre course will have the capacity to host premier events, attracting visitors to Spokane Valley and supporting the City's tourism sector. The greater community will also be served through new programming, clinics, and practice opportunities. The total cost of the project is $7 million including amenities. The City is applying for lodging tax funds of $4.4 million in partnership with Spokane Sports. The city and state funds are anticipated to be sufficient to construct a functioning course. The City will seek additional funding sources to complete complimentary amenities. Sullivan -Trent Interchange The City of Spokane Valley requests the state's partnership in rebuilding the Sullivan/Trent Interchange. The Sullivan Road bridge over Trent Avenue (SR 290) is 62 years old, has a "poor" condition rating, and has been struck by trucks at least six times in the last 10 years. The signalized interchange is expected to operationally fail by 2030 due to the tremendous growth in the region and the completion of the nearby Bigelow Gulch Road Corridor. The proposed roundabout replaces the existing signalized intersections that require dangerous left turns and may lead to fatal or serious injury collisions. The City of Spokane Valley is actively seeking federal funding for this project but will need state assistance in future years. Project design and right-of-way are fully funded. The construction phase of the project is $36.5 million. The City's $17.2 million RAISE grant was considered by the Secretary of Transportation but did not receive an award this year. A $15.3 million grant request from the Federal Local Bridge Program administered through WSDOT is still pending. Awards are expected in September 2023. SUPPORT REQUEST Support for Performing Arts Center The City of Spokane Valley supports ongoing efforts by the Idaho Central Spokane Valley Performing Arts Center to utilize state and federal grants to fund a state -of -the art 59,000 square -foot performing arts center housing a 475- seat main stage, 200-seat flexible studio theater, acting conservatory for area youth and event and business meeting space. POLICY STATEMENTS Public safety is the City Council's highest priority. The Spokane Valley City Council and its residents support a commonsense and meaningful approach to public safety policies that protect lives and property and do not erode trust in government. Examples include: • Enacting increased penalties for the possession of controlled substances, especially fentanyl, and allocate the necessary funding to ensure the policy can be implemented with readily available treatment services and swift and meaningful consequences for those who fail or lack a willingness to complete treatment. • Enacting policies and increased penalties to address rising retail theft and property crimes. • Encouraging the state to fully fund and support a comprehensive behavioral and mental health system to serve all areas of the state. • Ensuring that the state's policy on possession of controlled substances can be implemented with readily available treatment services and swift and meaningful consequences for those who fail or lack a willingness to complete treatment. • Re-establishing a reasonable suspicion standard for when officers engage in vehicular pursuits. • Increasing investments in alternative response teams, such as the City's behavioral health unit and homeless outreach that pair an officer with either a social worker or a mental health professional in a co -responder model. • Increasing resources to hire, train, retain, and protect law enforcement officers. • Supporting efforts to reduce traffic fatalities at no additional cost to residents, including increased driver's education. The City calls on the state to remove barriers to the construction of housing to make it more affordable. These include, but are not limited to: • Continuing to revise condominium liability regulations. • Evaluating the impact of the state energy and building codes on the cost of construction. • Providing tax incentives. The City of Spokane Valley calls on the Legislature to provide relief to Washington's taxpayers, as has occurred in other states. A foundational belief for the Spokane Valley City Council and the citizens they represent is that the most effective level of government is the one closest to the people. As such, the Council urges the Legislature to respect local decision -making. Some examples include management of right-of-way and land use decisions. The City requests that the Legislature protect and enhance local state -shared revenues to allow the City to deliver vital services to its residents. These funds include the Liquor Excise Tax Account, Liquor Board Profits, Municipal Criminal Justice Assistance Account, City -County Assistance Account, and Marijuana Revenues. POLICY STATEMENTS The City of Spokane Valley will explore proposals making changes to the Growth Management Act, including making it easier to complete an urban growth area (UGA) swap. The City encourages the state to allocate adequate funding to cities to effectively implement planning directives from the state. Like many in Washington State, the City of Spokane Valley is facing rising project costs amid an influx of state and federal funding and limited contractors. The City supports legislative efforts that aim to reform regulations that are causing project costs to rise, including implementing Disadvantaged Business Enterprise (DBE) goals that take into consideration the availability of DBE's regionally rather than state-wide. The City supports AWC legislative agenda items that serve the best interests of Spokane Valley. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 3, 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: City Manager Presentation of the Preliminary 2024 Budget. GOVERNING LEGISLATION: RCW 35A.33. PREVIOUS COUNCIL ACTION TAKEN: No formal Council action has been taken on the 2024 Budget. A proposed budget is currently under review by the City Manager and Finance Director. BACKGROUND: This marks the fourth occasion where the Council will discuss the 2024 Budget and by the time the Council is scheduled to adopt the 2024 Budget on November 21, 2023, Council will have had an opportunity to discuss it on eight separate occasions, including three public hearings to gather input from citizens: • June 13 Council Budget Workshop • August 29 Admin report: Estimated 2024 revenues and expenditures • September 12 Public hearing #1 on 2024 revenues and expenditures • October 3 City Manager's presentation of preliminary 2024 Budget • October 10 Public hearing #2 on 2024 Budget • October 24 First reading on ordinance adopting the 2024 Budget • November 21 Public hearing #3 on 2024 Budget • November 21 Second reading on ordinance adopting the 2024 Budget As part of the ongoing budget development process, and in keeping with RCW 35A.33, City Manager John Hohman will present the 2024 Preliminary Budget for Council review. Until City Council adoption, all figures currently included in the 2024 Budget worksheets are preliminary and subject to change by the City Manager. OPTIONS: As part of the ongoing budget process, and in keeping with the requirements of RCW 35A.33.052, City Manager Hohman will present the 2024 Preliminary Budget. RECOMMENDED ACTION OR MOTION: No action is required at this time. Adoption of the 2024 Budget is currently scheduled with a first reading of the budget ordinance on October 24, 2023 and a second reading on November 21, 2023. BUDGET/FINANCIAL IMPACTS: Given that the budget will not be adopted by Council until November 21, 2023, it is possible the figures may be modified as we refine estimates of revenues and expenditures. 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Administrative report on May 16, 2023; administrative report on May 30, 2023. Administrative report on July 11, 2023. Administrative report on September 5, 2023 BACKGROUND As part of the City's ongoing discussions regarding its homelessness response, in the first quarter of 2023, the City Council voted to approve signing a joint statement considering a regional approach to homelessness along with the City of Spokane and Spokane County. That effort has been led by the Spokane Regional Collaborative (SRC), a volunteer group consisting of Gavin Cooley, former City of Spokane Chief Financial Officer; Rick Romero, former City of Spokane Director of Strategic Planning; and Theresa Sanders, former City of Spokane City Administrator. As part of the joint statement, a 90-day "due diligence" period was identified for elected officials and staff of the local governmental entities to meet regularly and study how such a regional collaborative approach might be organized and how it could work. On June 28, 2023, SRC held a public meeting and unveiled their recommendations for the entity. They have proposed the formation of a county -wide public development authority (PDA), named Spokane Regional Authority for Homelessness, Housing, Health and Safety. Funding will come from all federal, state and local funds allocated for homelessness, housing and mental health. The proposal also asked for all staff and contracts funded by these sources to be transferred to the PDA by the end of 2023. Spokane County hosted a Council of Governments on September 8, 2023 and requested that municipalities develop and provide a list of questions and concerns regarding the SRC proposal presented on June 28, 2023 to be jointly discussed at this meeting. Spokane County compiled 33 questions/concerns from the different municipalities (see attachment). While these questions were not discussed at the Council of Governments, all of the jurisdictions in attendance agreed to continue to consider the formation of the regional entity. Mayor Haley, Councilmember Hattenburg, City Manager Hohman, and City Services Administrator Mantz have participated in the regional homeless meetings since the Council of Governments. Three options for scope and funding for the regional homelessness entity were discussed on September 21, 2023: Option #1 - Full Scope that includes homelessness, housing, mental health and safety. Funded by all federal, state, and local dollars currently dedicated for homelessness, housing and mental health. Page 1 of 2 Option #2 — Basic scope that includes only homelessness. This option is funded with only federal Continuum of Care and state Department of Commerce funds. Option #3 — Customized scope to include homelessness and behavioral health. This option is funded with scaled back federal, state and local funding. Specifics were not discussed but it will include at least the funding proposed for Option #2. Funding excludes general funds. Representatives of City of Spokane, City of Spokane Valley, Spokane County, Liberty Lake, Medical Lake, Spokane Regional Continuum of Care, Lived Experience Matters and others were present at this meeting. Most representatives preferred Option 2 or a modified Option 2 which could include some additional scope and/or funding such as HUD entitlement funds, recording fees and/or other local funds. Representatives were asked to discuss these options with their elected officials and the resources jurisdictions are willing to share/provide in support if the regional entity is formed. The agenda for the next meeting scheduled for October 5 meeting is also attached for the consideration of council. At this council meeting, staff will also discuss Spokane Valley's funding allocated for homelessness and housing purposes. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Gloria Mantz, City Services Administrator ATTACHMENTS: Presentation Questions regarding the formation of a Regional Homeless Authority October 5 Regional Homeless Authority Agenda Page 2 of 2 Q) El A u N O N M N O O c"I 00 r'mma m 0 ■ LL 00 r'mma m w 0 Tmi ca 7 (1) X =3 C6 COco �- j o 70 LSD Co O N N >, C�6 O bCo O + p O 70 CO N • - q- o U CY) O cn � � Q . 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What does the business plan look like for the regional collaborative? 2. Define lanes, what would be included in the scope of a new organization? 3. The proposed scope for the entity includes homelessness, housing, mental health and public safety services. This scope is not focused and is significantly broader than what was originally discussed during the joint statement formation and there are questions about what the proper scope should be. Before a scope could be identified, the specific problems that the regional authority would address should first be identified. The broad and unfocused scope creates problems with accountability. 4. What role do Gavin, Rick and Teresa play moving forward over the next two months? 5. The SRC identified that they believed only the "what" question needed to be answer (i.e., what entity and general scope of what it would tackle), and that once formed, the regional authority would define the "how" (develop budget, staffing, specific programs, etc_). However, knowing many of the "how" items (such as funding and staffing) is critical to address concerns from various jurisdictions. 6. What should our community process look like over the next 2-3 months? Should we engage a facilitator/project lead to help facilitate negotiations between jurisdictions to get to a final outcome? Who might be a good fit? 7. The proposal to create the PDA, execute an interlocal agreement committing to participating, and transfer all contracts funded by the funds above is proposed to occur by the end of 2023. This timeline is arbitrary and too accelerated. 8. After the PDA and proposed ILA are executed, participating cities have the option to terminate its participation by providing a 12-month written notice. However, Cities may not withdraw until all bonds issues or obligations to pay debt services are paid in full. Cities should be able to withdraw at any time with proper notice. The regional authority should not borrow to fund programs. Any governing board without a majority of elected officials should not be able to bind cities and public money to long term financial commitments and regional authority participation. 9. Can we provide a clearer picture of the runway to establishing a regional collaborative? 10. What should the process of nominating and selecting Board members of the Regional Homeless Authority look like? 11. How do we appropriately identify and acknowledge the differences between the partner jurisdictions? 12. Should there be an outside accountability mechanism like an Ombudsperson that can ensure transparency/accountability of the Board/Regional Authority? 13. What are the primary advantages and disadvantages of utilizing a public development authority vs. some other mechanism like an existing nonprofit? 14. What does administrative staffing look like for the regional collaborative? 15. The staffing proposal to transfer all staff positions from the participating jurisdictions that are funded by the sources requested for the PDA. With this approach, it is likely that positions will be duplicative and unnecessary. There are many concerns about the effectiveness and efficiency of this approach. It also appears that this approach is not based on the identified staffing need for the regional authority, but rather to address concerns raised by existing staff at potentially affected entities. This could result in a "cart -before -the -horse" approach where the regional authority would work from a prior - determined staffing model that may or may not be the most effective, efficient, or economical. What are the costs of the proposed staffing and how will the entity avoid duplication/overly expensive administrative costs? 16. Public safety is a necessary component in ongoing discussions. City Council has strong concerns about any proposal that removes this completely. 17. The proposal does not address what elements from the Houston model will be incorporated by the regional authority. In fact, it appears that the proposal has little from the Houston approach. Houston started with small steps (find homes for 100 individuals within a relatively short period of time) to identify ways to achieve outcomes and clarify the necessary steps/issues in the system. The current approach seeks to take on all aspects and solve everything for everyone. The entity should focus on a smaller scope. Examples include fixing the current sheltering model and outreach. 18. How do we broaden the collaborative to include tribal partners? 19. Can we adjust the governance structure to have equal seats? 20. The proposed board composition includes two members from the City of Spokane and only one from the City of Spokane Valley and Spokane County, there should be equal representation from the larger jurisdictions. Elected officials are the only officials the public can hold accountable if they disagree with how the money is spent, so they should make up a majority of the board. Other stakeholders bring valuable input, expertise and information and so should be part of the entity but in an advisory/recommending capacity. Strategy Questions 21. While recognizing the PDA will need to craft specific strategies that are effective for Spokane - beyond coordination, what were the key programmatic strategies Houston employed to achieve such a significant reduction in homelessness? 22. The proposal does not include a strategic plan for the PDA or comprehensive assessment of what is broken or how the proposal will fix or improve the current system. The proposal suggests an aggressive goal to reduce unsheltered homeless by 40% in the first two years and 20% annual throughput in subsidized and transitional housing units. A more targeted approach would be more successful to initiate the entity. 23. The City and other partners should not take on TRAC as part of a regional approach. The current sheltering approach is not working. 24. How do we intentionally engage community members, especially service providers and those with lived experience in updates/changes to the draft interlocal agreement over the next several months? It is vital that those who are in the field providing mental health and housing/shelter services as well as community members with an interest/lived experience help shape strategies, measures/outcomes, principles and draft decisions that go before the Board of a Regional Authority (similar to the TAC and CAC of the Spokane Regional Transportation Council). What role could a Community/Technical Advisory Committee play with a Regional Authority? How could it function and be governed/members identified? Funding Questions 25. Can we get more detail on the expected financial commitments? 26. The proposal to transfer all the federal, state, and local funds that are currently dedicated for affordable housing, homelessness and behavioral health received by each entity. Collectively, there is not an understanding of how much funding comes to the region from these different sources and whether they can be transferred legally to the PDA. Many of those funding sources are already committed to other programs. No budget has been identified for revenue or expenditures. 27. How will the funding be used? 28. How is the proposal different from what Spokane currently does? (also structure/strategy) 29. How much of the mental health funding is envisioned to be part of the allocation and for what outcomes? Outcome Questions 30. How do we measure the return on investment? 31. What are the community outcomes and how do we achieve them? 32. How does prevention factor into the proposal? 33. What are lessons learned from other coordination efforts that have been viewed as less successful, such as in King County; or viewed as successful, such as Houston and Milwaukee. How can we apply these lessons in crafting Spokane's structure? Spokane Regional Homelessness Collaborative Meeting EURNEMNEW 10.5,23 3:30pm — 5:30prn Innovio Foundotion (818 W Riverside Ave, Suite 650) or meeting C; 8615634 2477 Passccde: 371185 1. Introductions (10 Min) 2. Summarize and Review Consensus an Funding Options Including Detailed Review of Funding Option 2+ (20 Min) 3. Brief Status Review of List of Questions Submitted from Council of Governments (10, Min) Break (10 min) 4. Discussion of Governance Structure, Selection Process Considerations and PDA Term (60 Min) 5. Discuss Next Meeting Draft Agenda Items (10 Min) 6. Closing Thoughts and Discussion (10 Min) CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 3, 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: Administrative report — Spokane County District Court update. GOVERNING LEGISLATION: Interlocal Agreement for Costs Incident to Adjudication of Misdemeanor and Gross Misdemeanor Offenses in the City of Spokane Valley (District Court Agreement). PREVIOUS COUNCIL ACTION TAKEN: Prior updates from District Court to the Council. BACKGROUND: Staff have received comments from City Council regarding questions about additional court services at the Spokane Valley Court. Spokane Valley receives court services from Spokane County District Court pursuant to the District Court Agreement for adjudication of gross misdemeanor, misdemeanor, and infraction offenses occurring within the City's boundaries. The City does not have any dedicated judges, and its cases are mixed with those coming from Spokane County and other cities contracting with Spokane County for similar services. Staff will provide an update on the City's responsibility for adjudication of gross misdemeanors, misdemeanors, and infractions, the services provided by District Court, both downtown and at the Spokane Valley Court, and the discussions regarding possible additional services at Spokane Valley Court. Details are included in the attached PowerPoint. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: N/A at this time. The City has budgeted $1,358,296 in its 2023 Budget for District Court costs. STAFF CONTACT: Erik Lamb, Deputy City Manager; Morgan Koudelka, Senior Administrative Analyst. 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NONNO� uuuuuum.uuuuuuu.���'.... uuuumoiii ii ii ioi�plw o0��iiouuuuuuuuuuuuuuu,,. DRAFT ADVANCE AGENDA as of September 27, 2023; 4:00 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 October 10, 2023, Formal Meeting, 6:00 p.m. [due Tue Oct 3] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. PUBLIC HEARING #2, 2024 Budget - Chelsie Taylor (10 minutes) 3. First Reading Ordinance 23-_ Property Tax Ordinance - Chelsie Taylor (10 minutes) 4. Motion Consideration: Park Camera Update - Erik Lamb (10 minutes) 5. Admin Report: Retail Strategies Presentation - S. Nielsen, Brookley Valencia, John Mark Boozer (15 minutes) 6. Tourism Strategy Presentation - Mike Basinger, Johnson Consulting (60 minutes) 7. Admin Report: 2023 Budget Amendment - Chelsie Taylor (10 minutes) 8. Advance Agenda - Mayor Haley (5 minutes) [*estimated meeting: 125 mins] October 17, 2023 Study Session, 6:00 p.m. 1. PUBLIC HEARING - Transportation Benefit District 2. Admin Report: Local Street Program Review - Pete Fisch, Adam Jackson 3. Rec & Aquatic Season Review - Kendall May 4. Advance Agenda - Mayor Haley Executive Session - Review Performance of a Public Employee [due Tue Oct 10] (10 minutes) (10 minutes) (5 minutes) (60 minutes) [*estimated meeting: 25 mins] October 24, 2023 Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2.PUBLIC HEARING: 2023 Budget Amendment - Chelsie Taylor 3. First Reading Ordinance 23-! Amending 2023 Budget - Chelsie Taylor 4. First Reading Ordinance 23- Adopting 2024 Budget - Chelsie Taylor 5. Second Reading Ordinance 23- Property Tax Ordinance - Chelsie Taylor 6. Motion Consideration: Homeless Action Plan Adoption - Gloria Mantz 7. Motion Consideration: Awards to Outside Agencies (Soc Service; Eco. Dev. 8. Admin Report: Advance Agenda - Mayor Haley 9. Info Only: Department Monthly Reports; Fire Dept Monthly Report October 31, 2023 Studv Session, 6:00 p.m. 1. Admin Report: CTA - Unlawful Camping Update - Tony Beattie 2. Advance Agenda - Mayor Haley November 7, 2023 - Election Day - No meeting November 14, 2023 Formal Meeting, 6:00 p.m. 1. Advance Agenda - Mayor Haley 2. Admin Report: LTAC Recommendations to Council - Sarah Farr 3. Admin Report: 2024 Draft Federal Legislative Agenda - Virginia Clough 4. Info Only: Department Monthly Reports; Fire Dept Monthly Report [due Tue Oct 17] (5 minutes) (10 minutes) (10 minutes) (10 minutes) (10 minutes) (5 Minutes) Agencies) -Sarah Farr (15 minutes) (5 minutes) November 21, 2023 Studv Session, 6:00 p.m. 1. PUBLIC HEARING #3, 2024 Budget - Chelsie Taylor 2. Second Reading Ordinance 23- - Amending 2023 Budget - Chelsie Taylor 3. Second Reading Ordinance 23- Adopting 2024 Budget - Chelsie Taylor 4. Motion Consideration: 2024 Federal Legislative Agenda- Virginia Clough 5. Admin Report: ROW Permit & Clearview Triangle, CTA-2023-0003- Jerremy Clark 6. Advance Agenda - Mayor Haley [due Tue Oct 24] (10 minutes) (5 minutes) [due Tue Nov 7] (5 minutes) (10 minutes) (10 minutes) [due Tue Nov 14] (10 minutes) (10 minutes) (10 minutes) (5 minutes) (10 minutes) (5 minutes) Draft Advance Agenda 9/28/2023 2:39:26 PM Page 1 of 2 Executive Session - Review Performance of a Public Employee (60 minutes) November 28, 2023 — No meeting - after Thanksgiving break December 5, 2023 Study Session, 6:00 p.m. [due Tue Nov 28] 1. First Reading Ordinance 23 -- CTA-2023-0003 — Jerremy Clark (10 minutes) 2. Admin Report: 2024 Fee Resolution — Chelsie Taylor (5 minutes) 3.Advance Agenda — Mayor Haley (5 minutes) December 12, 2023 Formal Meeting, 6:00 p.m. [due Tue Dec 5] 1. Advance Agenda — Mayor Haley (5 minutes) 2. Second Reading Ordinance 23- CTA-2023-0003 — Jerremy Clark (5 minutes) 3. Motion Consideration: 2024 Lodging Tax Awards — Sarah Farr (20 minutes) 4. Info Only: Department Monthly Reports; Fire Dept Monthly Report Executive Session - Review Performance of a Public Employee (60 minutes) December 19, 2023 Study Session, 6:00 p.m. [due Tue Dec12] 1. Advance Agenda — Mayor Haley (5 minutes) *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 Blake Fix update Gang Task Force Update 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 Zayo Franchise Ordinance 23-017 Draft Advance Agenda 9/28/2023 2:39:26 PM Page 2 of 2