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2024, 04-23 Formal MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT Tuesday, April 23, 2024 6:00 p.m. Remotely via ZOOM Meeting and In Person at Spokane Valley City Hall, Council Chambers 10210 E. Sprague Ave. Spokane Valley, WA 99206 Council Requests Please Silence Your 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 �nublic comment opportunity" If making a comment via Zoom, comments must be received by 4:00 pm the day of the meeting. • Sign up to Provide Oral Public Comment at the Meeting via Calling -In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER INVOCATION: Pastor Trevor Seaman, Victory Faith PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COUNCILMEMBER REPORTS MAYOR'S REPORT PROCLAMATIONS: Arbor Day 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. NEW BUSINESS: 1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Council Agenda April 23, 2024 Page 1 of 2 Proposed Motion: I move to approve the Consent Agenda. a. Approval of Claim Vouchers, April 23, 2024, Request for Council Action Form: $6,508,331.93. b. Approval of Payroll for Pay Period ending March 31, 2024: $754,449.68. c. Approval of Payroll for Pay Period ending April 15, 2024: $415,982.63. d. Approval of Council Meeting Minutes of January 30, 2024 e. Approval of Council Meeting Minutes of March 26, 2024 e. Approval of Council Meeting Minutes of April 2, 2024 g. Approval of Council Meeting Minutes of April 9, 2024 2. First Reading: Ordinance 24-005 - Amending SVMC Appendix B & 18.20.030 [public comment opportunity] 3. Motion Consideration: Clean Building Requirements & Potential Grant Opportunity — Gloria Mantz [public comment opportunity] 4. Motion Consideration: Parks Janitorial Contract — John Bottelli [public comment opportunity] ADMINISTRATIVE REPORT: 5. Admin Report: SVPD Update — Chief Ellis, Aubrey Simo 6. Admin Report: Local Drug Use Regulation — Kelly Konkright 7. Admin Report: Cross Country Course Update — Mike Basinger 8. Admin Report: Construction Management Overview — Bill Helbig 9. Admin Report: Solid Waste Program Update — Bill Helbig 10. Admin Report: Recreation and Aquatic Season Preview — Kendall May 11. Advance Agenda — Mayor Haley INFORMATION ONLY (will not be reported or discussed): 12. Potential Opioid Settlement Agreement 13. Department Monthly Reports 14. Fire Dept Monthly Report COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURNMENT Council Agenda April 23, 2024 Page 2 of 2 Spokane Walley::: J)rodamatton City of SpoJ&ne V alrey, Washington Arbor oay WHEREAS, Among the pioneers moving into the Nebraska Territory in 1854, was J Sterling Morton from Detroit; he and his wife were lovers of nature and their new home in Nebraska was quickly planted with trees, shrubs, and flowers; and WHEREAS, On January 4, 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special tree planting holiday be set aside for the planting of trees, with that first date set for April 10, 1872; that first observed Arbor Day holiday included the planting of more than a million trees in Nebraska; and WHEREAS, The tradition began in schools nationwide in 1882, and in 1885 Arbor Day was named a legal holiday in Nebraska with April 22, Morton's birthday, selected as the date for its permanent observance; and WHEREAS, Today the most common date for the state observance is the last Friday in April; and all 50 states as well as many countries, recognize Arbor Day in some manner; and WHEREAS, Trees can reduce the erosion of topsoil by wind and water, cut heat and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen and provide habitat for wildlife; and WHEREAS, Trees area renewable resource giving us paper, wood for our homes, fuel for our fires and beauty to our community; and WHEREAS Trees in our city increase property values, enhance the economic vitality of business areas, and provide character to our community. 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 Friday, April 26, 2024 as ARBOR DAY in the City of Spokane Valley, and I urge all citizens to celebrate Arbor Day, to support efforts to protect our trees and woodlands, and to plant trees for this and future generations' enjoyment. Dated this 23rd day of April, 2024. Pam Haley, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: 3/22/2024 63570-63597 124,808.08 3/26/2024 63598-63621 61,294.53 3/28/2024 63622-63661 669,858.71 3/28/2024 10526-10537 (Park refunds) 2,379.00 3/29/2024 63662 43,925.01 4/2/2024 63663-63688 110,952.43 4/4/2024 63689-63704 39,357.73 4/9/2024 Wire 23774871 (LE Contract) 2,256,609.00 4/9/2024 Wire 23775103 (Spokane Co Svcs) 247,514.33 4/9/2024 Wire 24013223 (LE Contract) 2,256,609.00 4/9/2024 Wire 24009405 (Spokane Co Svcs 223,371.70 4/8/2024 10538-10557 (Park refunds) 2,968.00 4/10/2024 63705-63747 342,251.19 4/11/2024 63748-63771 126,433.22 TOTAL AMOUNT 6,508,331.93 #001 - General Fund 001.011.000. City Council 001.013.000. City Manager 001.013.015. Legal 001.016.000. Public Safety 001.016.016. Precinct Shared Expenses 001.018.013. Deputy City Manager 001.018.014. Finance 001.018.016 Human Resources 001.018.017. Information Technology 001.033.000. Facilities Administration 001.033.033. Facilities — City Hall 001.033.034. Facilities — Other 001.040.000. Community/Public Works -Administration 001.040.041. Engineering 001.040.042.558. Economic Development 001.040.042.565. Housing/Homeless Services 001.040.043. Building 001.040.044. Planning 001.076.000. Parks & Rec—Administration 001.076.300. Parks & Rec-Maintenance 001.076.301. Parks & Rec-Recreation 001.076.302. Parks & Rec- Aquatics 001.076.304. Parks & Rec- Senior Center 001.076.305. Parks & Rec-CenterPlace 001.090.000.511. General Gov't- Council related 001.090.000.514. General Gov't -Finance related 001.090.000.517. General Gov't -Employee supply 001.090.000.518. General Gov't- Centralized Serv. 001.090.000.519. General Gov't -Other Services 001.090.000.550. General Gov't -Natural & Eco. Project Numbers: 143 - Barker Rd/BNSF Grade Separation 205 - Sprague/Barker Intersection Improvement 223 - Pines Rd Underpass 4 BNSF & Trent 001.090.000.560. General Gov't -Social Services 001.090.000.594. General Gov't -Capital Outlay 001.090.000.595. General Gov't-Roads/Streets Capital Other Funds: 101 — Street Fund 103 — Paths & Trails 104 — Tourism Facilities 105 — Hotel/Motel Tax 106 — Solid Waste 107 — PEG Fund 108 — Affordable & Supplemental Housing Sales Tax 120 — CenterPlace Operating Reserve 121 — Service Level Stabilization Reserve 122 — Winter Weather Reserve 204 — Debt Service 301 — REET 1 Capital Projects 302 — REET 2 Capital Projects 303 — Street Capital Projects 309 — Parks Capital Grants 310 — Civic Bldg. Capital Projects 311 —Pavement Preservation 312 — Capital Reserve 314 —Railroad Grade Separation Projects 315 — Transportation Impact Fees 316 — Economic Development Capital Projects 402 — Stormwater Management 403 — Aquifer Protection Area 501 — Equipment Rental & Replacement 502 — Risk Management 632 — Passthrough Fees & Taxes 249 - Sullivan & Wellesley Intersection Improv 273 - Barker/I-90 Interchange 275 - Barker Rd Widening - River to Euclid 285 - Indiana Ave Pres - Evergreen to Sullivan 286 - Broadway Preservation: Havana to Faucher 293 - 2018 CSS Citywide Reflective Signal BP 294 - Citywide Reflective Post Panels 299 - Argonne Rd Concrete Pavement Indiana to Mont. 300 - Pines & Mission Intersection Improvement 308 - Regional Decant Facility Canopy 309 - Local Access Streets: Barker Homes 311 - Sullivan Rd./SR 290 Interchange Project 313 - Barker Road/Union Pacific Crossing 314 - Balfour Park Frontage Improvements 315 - Brown's Park 2020 Improvements 316 - Balfour Park Improvements - Phase 1 317 - Appleway Stormwater Improvements 318 - Wilbur Sidewalk: Boone to Mission 320 - Sullivan Preservation: Sprague-8' 321 - Argonne Corridor Improvements- North of Knox 322 - City Hall Repairs 323 - Evergreen Road Preservation Project 326 - 2020 Citywide Reflective Post Panels 327 - Sprague Avenue Stormwater RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists 328 - Sullivan Park Waterline 329 - Barker Road Imp- City Limits to Appleway 330 - WTSC 2021 School Zone Beacons 331 - COVID-19 Relief Funds 332 - NE Industrial Area - Sewer Extension 333 - Evergreen Rd Pres Broadway to Mission 334 - Sprague Ave Preservation 335 - Mission Ave over Evergreen Rd Deck Repair 338 - Loop Trail Project 339 - 2022 Local Access Streets: Summerfield E 340 - 8th Ave Sidewalk (Coleman to Park) 341 - Broadway Preservation- Faucher to Park 342 - 2022 School Zone Flashing Beacons 343 - Buckeye Avenue Sewer Extension 344 - Park Rd Sidewalk- Broadway to Cataldo 345 - Park Rd Sidewalk- Nora to Baldwin 346 - Bowdish Sidewalk 12th to 22nd 347 - Broadway and Park Intersection 350 — Balfour Facility O a LPL N N CO N Nin ke DO i.r 0 O N N \F i O z Z a Q C� Q ova V � C� m E 17 m a Tl- m 0) cB 0- N x % o { . � � k \ § ] § ■ Q 7 / k§ \� \§ �e wN l) Ccq ]wc ze « zR « zR « _o zR a �_ ze « _� �zq azq �a 22 �r o) o �� oe o �� o- w 0 00 o -0- -0- a a® 2 x 2° a/ co LU Ea v q ul z L � 7z LU mz �z Dz 0 It 3 =q »� 3 \� 3 2� 3 7� ±� . 9§� ■ r G / a i k ± a « -4 cli-- S ) a � \R _ N % \ \ o § ) § } ) § G [$ o / z z W / z z \ \ k R U) OL . 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LU 2 .cli - � a � § o � G k k k �2 E .� § k _ CS k Eck p §LUE CL � <wn LU _ @ 5 0 (L r r J §" �� o Z� /§ © o�q - E U c m _ t —R� < - Ix 2< .§ z @WLU �70 § d 9 z � � a ! 0 w City of Spokane Valley, WA;T 65398-63621 AP Check Run Report DATE: 03/26/2024 WARRANT: 240326K1 AMOUNT: $ 61,294.53 I, The undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the city of Spokane vall and that I am authorized to authenticate and certify said laim. 27 Hance Direct o designee Date co 1 member reviewed: A Mayor council Member Report generated: 03/26/2024 07:20 US— KWhite Program I0: apwarrnt L.J(t �D'y Date Date Page 1 i0 Page 10 City of Spokane Valley, WA DETAIL INVOICE LIST CASH ACCOUNT: CS999000 991100 Operating & AP WARRANT: 240326K1 03/26/2024 DUE DATE: 03/26/2024 � a y• e l a 2254 ARAMARK SERVICES INC 00000 INV 04/03/2024 6560345174 468 1 CH518300 548001 CHB1dMx RepMxSVC 44.05 Invoice Net 44.05 44.05 --------" CHECK TOTAL 2254 ARAMARK SERVICES INC 00000 INV 04/10/2024 6560348703 469 1 CH518300 548001 CHB1dMx RepMxSVC 44.05 Invoice Net 44.05 CHECK TOTAL 44.05 -------- - 216 AVISTA 00000 INV 04/07/2024 7243240000-2/2024 407 1 AQ576200 547001 AQP0015 Gas/Elec 144.11 2 Cx575500 547001 CXB1dMx Gas/EIeC 9,271.29 3 PX576800 547001 PxParks Gas/Elec 713.46 4 Pc521500 547001 5VPDCampMX Gas/EIeC 1.447.99 Invoice Net 11,576.75 216 AVISTA 00000 INV 04/06/2024 1816120000-2/2024 408 1 CH518300 547001 CHB1dMx Gas/EIeC 109.34 2 ST543500 547001 STAdmFac Gas/Elec 1,222.20 3 OF518300 547001 OFMx Gas/EIeC 1,431.82 4 Sw531000 547001 SWSDUt Gas/Elec 1,307.53 5 TR542630 547001 TRMXLights Gas/EIeC 28,459.66 Invoice Net 32,530.55 CHECK TOTAL 44,107.30 ---- 2099 BLUE RIBBON LINEN SUPP 00000 INV 03/14/2024 0532579 118 1 cP571200 549006 CPEd/ReC Miscsvc 123.19 Invoice Net 123.19 CHECK TOTAL 123.19 ----- "--- 249 QWEST CORPORATION 00001 INV 03/15/2024 835B 02-14-24 339 1 cP571200 542002 CPEd/ReC TelSvc 70.13 2 AQ576200 542002 AQP001S TelSvc 560.34 Invoice Net 630.47 CHECK TOTAL 630.47 ---------- 2881 BRIAN KEITH ASMUS 00000 INV 03/30/2024 20 305 1 HR518100 541005 HRPersvc PrfSvcsGen 500.00 Invoice Net 500.00 CHECK TOTAL 500.00 ----- 259 BARBARA POWERS 00001 INV 03/31/2024 708051 226 1 cm513100 541018 CMExOff Lg1Not 49.47 259 BARBARA POWERS Invoice 00001 Net INV 03/10/2024 49.47 706379 273 1 22359550 541017 223STRCT Adv 155.20 Invoice Net 155.20 Report generated: 03/26/2024 07:20 user: Kwhite Program ID: apwarrnt Page 2 16 Page 11 City of Spokane Valley, WA DETAIL INVOICE LIST CASH ACCOUNT: CS999000 991100 operating & AP WARRANT: 240326K1 03/26/2024 DUE DATE: 03/26/2024 259 BARBARA POWERS 00001 INV 03/10/2024 706381 274 1 36059476 541017 360GrnAcrl Adv 75.66 259 BARBARA POWERS Invoice 00001 Net INV 03/17/2024 75.66 706884 275 1 22359550 541017 223STRCT Adv 148.80 Invoice Net 148.80 259 BARBARA POWERS 00001 INV 03/17/2024 706885 276 1 36059476 541017 360GrnAcr1 Adv 72.54 259 BARBARA POWERS Invoice 00001 Net INV 03/17/2024 72.54 706888 277 1 35459510 541017 354PPPE Adv 74.69 259 BARBARA POWERS Invoice 00001 Net INV 03/24/2024 74.69 707448 375 1 CM513100 541018 CMEXOff Lg1Not 41.85 Invoice Net 41.85 259 BARBARA POWERS 00001 INV 04/14/2024 709186 479 1 CM513100 541018 CMEXOff Lg1Not 11.64 Invoice Net 11.64 259 BARBARA POWERS 00001 INV 03/17/2024 706883 54 1 CM513100 541018 CMEXOff Lg1Not 47.43 Invoice Net 47.43 259 BARBARA POWERS 00001 INV 03/17/2024 706887 55 1 cM513100 541018 CMEXOff Lg1Not 43.65 Invoice Net 43.65 CHECK TOTAL 720.93 ----- " ---" 58 FREE PRESS PUBLISHING 00000 INV 03/17/2024 V54350 376 1 cM513100 541018 CMEXOff Lg1Not 101.00 Invoice Net 101.00 58 FREE PRESS PUBLISHING 00000 INV 03/24/2024 v54362 377 1 CM513100 541018 CMEXOff Lg1Not 80.20 58 FREE PRESS PUBLISHING Invoice 00000 Net INV 03/31/2024 80.20 v54376 378 1 cM513100 541018 CMEXOff Lg1Not 46.65 Invoice Net 46.65 58 FREE PRESS PUBLISHING 00000 INV 03/10/2024 V54331 56 1 cm513100 541018 CMEXOff Lg1Not 30.00 Invoice Net 30.00 58 58 FREE PRESS PUBLISHING 00000 INV 03/10/2024 V54333 1 cM513100 541018 CMEXOff Lg1Not 30.00 Invoice Net 30.00 CHECK TOTAL 287.85 ------ 213 MATfEW G. ZERBE 00000 INV 04/05/2024 2024134 197 1 HR518100 549004 HRPerSvc Reg&Trn 455.00 Invoice Net 455.00 CHECK TOTAL 455.00 -- - ------ Report generated: 03/25/2024 07:20 Page User: KWhite 1J Program I0: apWarrnt Page 12 City of Spokane Valley, WA DETAIL INVOICE LIST CASH ACCOUNT: CS999000 991100 Operating & AP WARRANT: 240326K1 03/26/2024 DUE DATE: 03/26/2024 118 H & H BUSINESS SYSTEMS 00001 INV 03/31/2024 AR317323 396 1 SD542100 548002 SDMxEng Copier 3.45 2 Sw531000 548002 SWSDUt Copier 3.44 118 H & H BUSINESS SYSTEMS Invoice Net 00001 INV 03/16/2024 6.89 AR315379 463 1 BD558500 548002 BDP1nRev copier 279.73 2 PL558600 548002 PLPlanning Copier 167.84 3 ED558700 548002 EDECOnDev Copier 111.88 Invoice Net 559.45 CHECK TOTAL 566.34 ----------- 811 HATTENBURG, TIM 00000 INV 04/19/2024 811 Q2-2024 506 6 1 cc511600 542003 CCLegAct CellPhone 135.00 Invoice Net 135.00 CHECK TOTAL 135.00 ----------- 261 HIGGINS, LEWIS ROD 00001 INV 04/19/2024 261 Q1.2024 507 7 1 cc511600 542003 CCLegAct cellPhone 135.00 Invoice Net 135.00 CHECK TOTAL 135.00 ---`""""" 36 NORTHWEST BUSINESS PRE 00000 INV 03/30/2024 332788 217 1 cP571200 541017 CPEd/Rec Adv 1,500.00 Invoice Net 1,500.00 CHECK TOTAL 1,500.00 --"'"----- 2171 WENDY CARROLL 00000 INV 04/21/2024 2023 #1 Final 530 28 1 FP565300 541060 FPDsblSvc OAGrants 4,286.00 Invoice Net 4,286.00 CHECK TOTAL 4,286.00 ------' 1605 OFFICE DEPOT BUSINESS 00000 INV 04/03/2024 356187035001 218 1 PR576800 531001 PRParks offsupp 91.46 2 cP571200 531001 CPEd/Rec Offsupp 131.95 1605 OFFICE DEPOT BUSINESS Invoice Net 00000 INV 04/04/2024 223.41 356188045001 219 1 cP571200 531001 CPEd/Rec offsupp 35.02 2 RC571000 531001 RCEdRecAct off5upp 35.01 1605 OFFICE DEPOT BUSINESS Invoice Net 00000 INV 04/01/2024 70.03 356188049001 220 1 cP571200 531001 CPEd/Rec offsupp 3.21 Invoice Net 3.21 CHECK TOTAL 296.65 ---"""..'-- 416 OREILLY AUTOMOTIVE STO 00001 INV 03/31/2024 2862-331878 379 1 PX576800 531008 PXParks R&MSUpp 71.81 Invoice Net 71.81 Report generated: 03/26/2024 07:20 User: Kwhite Program ID: apwarrnt Page 4X U Page 13 City of Spokane Valley, WA DETAIL INVOICE LIST CASH ACCOUNT: C5999000 991100 Operating & AP WARRANT: 240326K1 03/26/2024 DUE DATE: 03/26/2024 CHECK TOTAL 71.81 -----------" 246 RODDA PAINT CO. 00001 INV 04/10/2024 9556892 380 1 Px576800 531008 PxParks R&MSupp 110.74 Invoice Net 110.74 CHECK TOTAL 110.74 ----"""'-- 251 SHERWIN WILLIAMS COMPA 00003 INV 04/06/2024 6620-8 302 1 PR576800 531008 PRParks R&MSUpp 10.74 Invoice Net 10.74 CHECK TOTAL 10.74 ----_------ 225 SPOKANE CO PROSECUTING 00000 INV 04/17/2024 February 2024 525 23 1 PT586000 508003 PTCrtRmtEX CNTYCRMVIC 493.54 Invoice Net 493.54 CHECK TOTAL 493.54 -"__------_ 410 SPOKANE CO TITLE CO 00001 INV 03/27/2024 5-5P42026 290 1 34659520 561001 346RW ROWAcq 315.50 Invoice Net 315.50 CHECK TOTAL 315.50 " '------'" 178 TWISTED PAIR ENTERPRIS 00000 INV 04/06/2024 2282024 464 1 cc511600 541013 CCLegACt Brdcast 1,410.00 Invoice Net 1,410.00 CHECK TOTAL 1,410.00 "------" 1414 VOLUNTEERS OF AMERICA 00001 iNV 04/20/2024 VOA 1014 529 27 1 HH565400 545050 HHAAHM15S OpFacRent 3,672.00 Invoice Net 3,672.00 CHECK TOTAL 3,672.00 ---------- 612 WEST COAST PAPER COMPA 00000 INV 03/15/2024 13535860 71 1 cP571200 531009 CPEd/Rec IanSupp 1,172.37 Invoice Net 1,172.37 CHECK TOTAL 1,172.37---""" 211 WICK, BEN 00001 INV 04/19/2024 211 Q1-2024 509 9 1 CC511600 542003 CCLegAct CellPhone 135.00 Invoice Net 135.00 CHECK TOTAL 135.00 --"-------" 449 YMCA OF THE INLAND NW 00001 INV 04/21/2024 2024 #2 Final 532 30 1 FP565300 541060 FPDsblSvc OAGrants 71.00 Invoice Net 71.00 -----'"- CHECK TOTAL 71.00 Report generated: 03/26/2024 07:20 Page 5 1 User: KWhite 1 O Program ID: apwarrnt Page 14 City of Spokane Valley, WA DETAIL INVOICE LIST CASH ACCOUNT: C5999000 991100 Operating & AP WARRANT: 240326K1 03/26/2024 DUE DATE: 03/26/2024 42 INVOICES WARRANT TOTAL 61,294.53 61,294.53 .� I ` c -- ] Report generated: 03/26/2024 07:20 Page 6/ User: KWhite :u Program ID: apwarrnt Page 15 M 2Q CL N N r f� 00 WLo 1.L 0o c V+ O V zz a 6j a � ova is o y a m -o — c m m L _ O � N N N C v m C 0 m O �- n ur U U - O Z _T NU v in CD c L 'm m c m c 0 c :r m m m rn a > o m L 'm N C (6 m m E a) m w a� m -a L _ N Z N E a aEU O U U co f CD m r ❑. 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[Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 14, 2024 Department Director Approval: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending April 15, 2024 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: BUDGET/FINANCIAL IMPACTS: Employees Gross: $ 327,948.99 Benefits: $ 88,033.64 Total payroll $ 415,982.63 Council Total $ - $ 327, 948.99 $ - $ 88, 033.64 $ - $ 415, 982.63 RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri MINUTES City of Spokane Valley City Council Study Session Meeting Tuesday, January 30, 2024 Mayor Haley called the meeting to order at 6:00 p.m. The meeting was held in person in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Councilmember John Hohman, City Manager Rod Higgins, Councilmember Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember Chelsie Taylor, Finance Director Laura Padden, Councilmember Gloria Mantz, City Services Administrator Al Merkel, Councilmember Kelly Konkright, City Attorney Ben Wick, Councilmember Bill Helbig, Community & PW Director Jessica Yaeger, Councilmember Virginia Clough, Legislative Policy Coordinator Tony Beattie, Sr. Deputy City Attorney Dave Ellis, Police Chief Jill Smith, Communications Manager John Bottelli, Parks & Rec Director Morgan Koudelka, Sr. Administrative Analyst Nikki Kole, IT Specialist Marci Patterson, City Clerk ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to approve the agenda. GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comment. Barb Howard, Spokane Valley (via Zoom): asked about the sheriff's contract and the scheduling of the deputies. Mr. Dan Allison, Spokane Valley: spoke about the budget meeting that Councilmember Merkel held. Ms. Diana Wilhite, Spokane Valley: spoke about the city logo. Mr. John Harding, Spokane Valley: spoke about lawlessness in our area. Ms. Brandt Peetz, Spokane Valley: spoke about the prosecutor and the need for better services from that office. Ms. Laura Renz, Spokane Valley: spoke about the decorum of the council meetings in comparison to the City of Spokane. ACTION ITEM: 1. Motion Consideration: Mayoral Appointments, Planning Commission — Mayor Haley It was moved by Deputy Mayor Hattenburg and seconded to confirm the Mayor's nomination of John Robertson and Justin Weathermon to the Planning Commission for terms beginning January 1, 2024 and ending December 31, 2026 and Vadim Smelik to the Planning Commission for a term beginning January 1, 2024 and ending December 31, 2024. Mayor Haley opened the discussion with an explanation of the openings on the Planning Commission. The Mayor spoke about the section process and that she became aware of an additional opening and would invite Matthew Hurd to be appointed at the next meeting if he was still interested. Councilmember Merkel questioned the Mayor as to whether or not she contacted the applicants. Councilmember Higgins poised a point of order. Mayor Haley asked him to speak to the point. Councilmember Higgins stated the city code and that it is the Mayor's appointment and that no where should the councilmembers be contacting the applicants. The Mayor noted that the point was taken and it violates our rules. This is not a debate over who was appointed, it is whether you agree with who I appointed or not. Councilmember Merkel asked for a hand vote on the point of order ruling. Those in favor of the ruling: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers, Yaeger, Padden and Higgins. Opposed: Councilmembers Wick and Merkel. Councilmember Higgins poised a point of order. Mayor Haley asked Council Meeting Minutes, Study Session: 01-02-2024 Page 1 of 4 Approved by Council: to speak to the point. Councilmember Higgins asked if another councilman was purposely trying to undercut the Mayor and make her look bad and requested a cease. Without being allowed to rule on the original point, Councilmember Merkel poised a point of order that the comments were a direct accusation and would like to see the evidence for what was trying to be represented. Mayor Haley called on the attorney. City Attorney Konkright stated that it is not a debatable matter. Mayor Haley ruled on Councilmember Merkel's point of order as a personal attack and noted Robert's Rules of Order. Mayor Haley ruled that Councilmember Merkel was out of order. Mayor Haley ruled that Councilmember Higgins was not out of order. Councilmember Merkel requested to appeal that ruling. The Mayor called for all those who thought Councilmember Higgins was out of order. All those in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Higgins, Padden, Yaeger and Wick. Opposed. Councilmember Merkel. Mayor Haley called for public comment. Councilmember Merkel asked if the Mayor was discontinuing questions from council right now. Mayor Haley stated yes. Mr. John Robertson, Spokane Valley: happy to be on the Planning Commission and would like to understand the process for nominating people. Mr. Matthew Hurd, Spokane Valley: read a statement regarding his qualifications and spoke about his concern for the process for the appointments and open staff positions. Ms. Marchauna Rodgers, Spokane Valley: stated that she was disappointed and that we should reduce bureaucracy, but that she has an interest in the community. Mr. John Harding, Spokane Valley: feels that the Planning Commission positions are important and the process should be reexamined. Mr. Walt Haneke, Spokane Valley: stated he was never contact and didn't get any information on why he wasn't selected. Council discussed the need for and importance of the Planning Commission as well as the process for choosing the candidates. After much debate regarding the process, Councilmember Higgins poised a point of order. Mayor Haley stated to speak to the point. Councilmember Higgins asked to call for the vote. Mayor Haley stated that it could be time to call for the vote. Councilmember Merkel stated a point of order and asked if silencing him called for a vote. Mayor Haley asked to speak to the point. Councilmember Merkel asked if a vote was needed to call for the question if wanting to end the discussion. Mayor called on the City Attorney and he stated if you want to end debate you can call for a vote to have the question called and then the motion. Mayor Haley started to called for the question to end debate and Councilmember Merkel called for a point of order to reference what the city attorney had just stated. City Attorney Konkright noted that there is no special language necessary and that the Mayor may call to end the debate and then call for the vote on the motion. Mayor Haley then called for those who would like to end debate and call for the question. Those in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Padden, Higgins, and Yaeger. Opposed: Councilmembers Wick and Merkel. Vote by acclamation on the original motion: in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Higgins, Yaeger and Padden. Opposed Councilmembers Wick and Merkel. Motion carried. NON -ACTION ITEMS: 2. Admin Report — Prosecuting Attorney Update — Erik Lamb, Larr Haskell Mr. Lamb provided a brief overview of the prosecuting attorney services for the City and then introduced Mr. Larry Haskell, Spokane County Prosecuting Attorney. Mr. Haskell opened the discussion with a review of the current staffing levels of his office. He also provided council with details on the current caseloads and what costs are associated with the large caseloads. He also explained the time frame for hiring and training new staff and what costs are associated with hiring new staff. Council discussed legislature that may require more public defenders be available and may be an additional unfunded mandate. There was also discussion regarding the conviction rates, the "3 strikes" rule, improving efficiencies in the prosecutor's office, and the need to review each case individually as opposed to specific metrics for overall cases. Mr. Haskell concluded the discussion by thanking council for their time and that he would gladly return at a later date with updated information to review. Mayor Haley called for a recess at 7:20 p.m.; she reconvened the meeting at 7:30 p.m. 4. Admin Report — Police Staffing Update — Erik Lamb, Chief Ellis, Morgan Koudelka Mr. Lamb opened the discussion to introduce Chief Ellis and Senior Administrative Analyst Morgan Koudelka. Mr. Lamb proceeded with a review of a PowerPoint presentation regarding right -sizing the police. Mr. Lamb provided details regarding the background of the law enforcement services within the Council Meeting Minutes, Study Session: 01-02-2024 Page 2 of 4 Approved by Council: city and then provided details on the Matrix study findings as were previously reviewed at a prior council meeting. Mr. Lamb also reviewed the recommended increases in staffing submitted by Matrix. Chief Ellis detailed the staffing based on current needs in each department and provided a proposal on implementation of those additional staff. Mr. Koudelka reviewed the cost, both start-up costs and long-term costs for the additional hires. There was a breakdown of what considerations were being reviewed for those costs and what would be reviewed moving forward. Mr. Lamb provided details on the implementation considerations that should be considered with hiring additional staff to include training and hiring costs, prioritizing units and the need for specific officers. Finally, staff provided details regarding overall costs and what the next steps may look like depending on what council chose to do. Staff estimated that the implementation of all staff recommended in the Matrix Report would cost approximately $6.2 million for salaries, benefits, indirect costs, and vehicles, based solely on 2024 costs. Additional costs include costs for capital improvements that may be required for certain units, which are unknown at this time, costs to implement desired funding sources (such as election costs and informational materials for any identified election), annual and step increases in salaries, and potential downstream cost impacts in other public safety services. Total annual costs will depend on implementation selected by Council and costs will continue to be refined as further discussions occur. The Matrix study also noted recommended powershift changes and Chief Ellis noted that the change would be brought up with the next shift review. Council discussed multiple points including the positions and who would be hired first, how the hires would take place with the county, the calls for service, being proactive with patrols, community involvement with the process, prosecting services once more officers are hired, the opportunity for the public to provide feedback with the open houses that are being planned and getting the potential of 10 officers in place in order to continue reviewing the Matrix study and filling more positions. 5. Advance Agenda — Mayor Haley Councilmember Yaeger would like to put forward a resolution or statement regarding that standing with our borders and keeping our communities safe. There was consensus to move the item forward. COUNCIL COMMENTS Councilmember Wick may be attending virtually next but still not sure as his schedule will require him to be out of town attending other meetings. He requested a potential absence to next week's meeting. His request was noted and approved. Councilmember Merkel spoke about performance metrics in the contracts. CITY MANAGER COMMENTS Mr. Hohman introduced our Legislative Coordinator Virginia Clough to review the Spokane County Hazard Mitigation Plan. Council provided consensus to proceed with participation in the county plan. Ms. Clough also spoke about SB6076 granting local taxing authority to fund criminal justice. Ms. Clough provided details on the bill and asked if council would like to take a position on it. After a brief discussion, council chose to have City Manager Hohman speak with our legislative lobbyist, Briahna Murray with Gordon Thomas Honeywell to potentially get some amendments added to the bill and report back to council. Mr. Hohman presented a letter of support for Kaiser for a plant expansion project to the Department of Commerce. Council provided consensus to sign the support letter. Mr. Hohman stated he spoke with Dan Wilson of the United Steel Workers Union regarding the future of the dams in Washington and presenting that information to council at a future meeting and potentially amending our Federal Legislative Agenda to include the support of the dams. Council provided consensus to move forward with the presentation. Mr. Hohman's final topic was the Glenrose area and the flood plain study associated with that area. He noted that there is a community meeting on February 7t1i at Chase Middle School to hear about the flood plain mapping process with Spokane and Spokane County. It was moved by Mayor Haley, seconded and unanimously agreed to extend the council meeting by 30 minutes. Council Meeting Minutes, Study Session: 01-02-2024 Page 3 of 4 Approved by Council: Executive Session: It was moved by Deputy Mayor Hattenburg, seconded, and unanimously agreed to adjourn into executive session for 30 minutes to discuss potential acquisition of real estate, and that no action will be taken upon return to open session. Council adjourned into executive session at 8: 58p.m. Deputy Mayor Hattenburg declared Council out of executive session at 9: 28 p.m., at which time it was moved and seconded and unanimously agreed to adjourn. ATTEST: Pam Haley, Mayor Marci Patterson, City Clerk Council Meeting Minutes, Study Session: 01-02-2024 Page 4 of 4 Approved by Council: MINUTES City of Spokane Valley City Council Regular Meeting Formal Format Tuesday, March 26, 2024 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Tim Hattenburg, Deputy Mayor Erik Lamb, Deputy City Manager Rod Higgins, Councilmember Chelsie Taylor, Finance Director Jessica Yaeger, Councilmember Gloria Mantz, City Services Administrator Al Merkel, Councilmember Kelly Konkright, City Attorney Laura Padden, Councilmember Jill Smith, Communications Manager Ben Wick, Councilmember Bill Helbig, Community & PW Director Tony Beattie, Sr. Deputy City Attorney Dave Ellis, Police Chief Virginia Clough, Legislative Policy Coordinator John Bottelli, Parks & Rec Director John Whitehead, HR Director Mike Basinger, Economic Development Director Deanna Horton, Administrative Assistant Morgan Koudelka, Sr. Administrative Analyst Adam Jackson, Engineering Manager Deputy Pratt, Homeless Outreach Officer Chad Knodel, IT Manager Marci Patterson, City Clerk INVOCATION: Pastor Manuel Denning with Fountain Ministries Church gave the invocation. PLEDGE OF ALLEGIANCE Council, staff and the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Patterson called the roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Hattenburg to approve the presented agenda, seconded and agreed unanimously. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COUNCILMEMBER REPORTS Councilmember Yaeger: attended a Meals on Wheels event. Councilmember Padden: spoke about the recent trip to Washington DC and noted that they met with Representative McMorris Rodgers, Senator Murray and DOJ. Councilmember Higgins: attended the steering committee of elected officials meeting. Councilmember Wick: attended a ribbon cutting for travelers insurance, attended an East Valley School strategic core planning meeting, Spokane valley fire department strategic planning meeting and a FMSIB meeting six year investment plan meeting. He also attend an HCDAC kick off meeting and a Kiwanis club meeting. Deputy Mayor Hattenburg: spoke about STA related projects in our area and the importance of STA in our area for all our residents. He also spoke about the STA funding and the benefits of having such a robust transit system in our area. Council Meeting Minutes, Formal: 03-26-2024 Page 1 of 5 Approved by Council: Councilmember Merkel: spoke about his meeting with the Opioid Abatement Board. He also spoke about his concerns over the Sprague Stormwater Project and produced nearly 100 emails from people against the stormwater project. He noted that he would submit the emails as part of the packet. MAYOR'S REPORT The Mayor attended the STA committee meeting as well and provided an update on the para transit opportunities for the residents of the city. PROCLAMATIONS: GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited comments from the public. Mr. Mike Dolan, Spokane Valley: spoke about the reprimand that was given to Councilmember Merkel, the Governance Manual and car tabs. Ms. Mary Lloyd, Spokane Valley: spoke about the Mirabeau Transit Center and that she is excited to see the newest STA project grow the area. Mr. Dan Allison, Spokane Valley: spoke about the Pines GSP and the railroad group that has left the area and asked about the funding. City Manager Hohman provided clarification on the project for Mr. Allison. Ms. Kim Pollari, Spokane Valley: spoke about the SCRAP contract review. Mr. Tim Malick, Spokane: spoke about SCRAPS not being an animal shelter. Ms. Kendra Dinning, Spokane Valley: spoke about SCRAPS employment and the lack of skills for an animal shelter or agency. Mr. Jason Schriver, Spokane Valley: spoke about SCRAPS Executive Director and the incorrect information he feels was presented to council at the previous council meeting. Mr. John Harding_ Spokane Valley: spoke about the repeat felons, a possible roundtable event fora jail discussion and addressing judges, and processing issues. NEW BUSINESS: 1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of Claim Vouchers on January 23, 2024, Request for Council Action Form: $260,394.85. b. Approval of Payroll for Pay Period Ending March 15, 2024: $562,129.92. c. Approval of Council Meeting Minutes of January 9, 2024 d. Approval of Council Meeting Minutes of January 17, 2024 e. Approval of Council Meeting Minutes of January 23, 2024 £ Approval of Council Meeting Minutes of March 12, 2024 It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to approve the Consent Agenda. 2. Resolution 24-007: Commitment to Safe Communities — Councilmember Yaeger It was moved by Deputy Mayor Hattenburg and seconded to approve Resolution H24-007 declaring our commitment to a safe community and the elimination of any and all activities that contribute to the influx of illegal activities. Councilmember Yaeger read the resolution aloud and provided a brief summary on why she requested the resolution be adopted. Councilmember Merkel questioned the legal impacts of the resolution, the statements of facts and how we would summarize the intent of the resolution. Mayor Haley invited public comment. Mr. Mike Dolan, Spokane Valley stated he supported the proposal, but felt it should have been a proclamation. Vote by acclamation: in favor: Mayor Haley, Councilmembers Wick, Padden, Yaeger, and Higgins. Opposed: Councilmember Merkel. Motion carried. 3. Motion Consideration: Mayoral Appointment — Planning Commission — Mayor Haley It was moved by Deputy Mayor Hattenburg and seconded to confirm the Mayor's nomination ofMichael Kelly to the Planning Commission for a term beginning March 26, 2024 and ending December 31, 2025. Mayor Haley stated that she had an hour-long conversation with Mr. Kelly and felt that he would be a qualified resident to add to the Planning Commission. Councilmember Merkel questioned why the previous applicants were not considered. Mayor Haley stated that they were offered the chance to submit an Council Meeting Minutes, Formal: 03-26-2024 Page 2 of 5 Approved by Council: application and only one previous individual applied. Mayor Haley invited public comments; no public comments were offered. Vote by acclamation: in favor: Mayor Haley, Councilmembers Wick, Padden, Yaeger, and Higgins. Opposed: None. Councilmember Merkel chose to abstain as he stated he did not have the opportunity to talk to Mr. Kelly. Per the Governance Manual, abstaining is not permitted. Clerk Patterson did not correct the abstention. Motion carried. 4. Motion Consideration: Street Maintenance Interlocal Agreement - Bill Habig It was moved by Deputy Mayor Hattenburg and seconded to authorize the City Manager to finalize and execute the Interlocal Agreement for Road and Traffic Maintenance and Miscellaneous Services between Spokane County and the City. Mr. Helbig reviewed the background information provided in the RCA and reviewed the current interlocal considerations. Council briefly discussed the terms of the interlocal. Mayor Haley invited public comments. Mr. John Harding, Spokane Valley: stated he had concerns about traffic, several intersections where they have to wait for multiple lights to travel through traffic. Vote by acclamation: in favor: Mayor Haley, Councilmembers Wick, Padden, Yaeger, and Higgins. Opposed: Councilmember Merkel. Motion carried. 5. Motion Consideration: FMSIB Grant Applications — Adam Jackson Prior to the motion, Councilmember Wick requested to recuse himself as he is on the FMSIB Board and will be a part of the grant application approvals with FMSIB. Mayor Haley approved the request and Councilmember Wick excused himself out of chambers until the item was completed. It was moved by Deputy Mayor Hattenburg and seconded to authorize the City Manager, or designee, to apply for the FreightMobility Strategic Investment Board's call for projects for those projects identified in Table 1. Mr. Jackson spoke about the meeting that he had with FMSIB today and the need to revise table 1 was based on that conversation. He also provided background on the FMSIB call for projects and what is needed to be considered eligible for the projects. He stated that staff reviewed the grant scoring criteria and compared to our legislative agenda and the other city programs and came up with the Table of recommendations for projects. Council briefly discussed the projects listed and the funding that would be requested. Mayor Haley incited public comments; no comments were offered. Vote by acclamation: in favor: Mayor Haley, Councilmembers Padden, Yaeger, and Higgins. Opposed.- Councilmember Merkel. Councilmember Wick was recused. Motion carried. Councilmember Wick was invited back into the meeting after the vote on the grant applications. ADMINISTRATIVE REPORTS: 6. Admin Report: Regional Stabilization Center Potential Expansion — Erik Lamb, Justin Johnson Mr. Lamb introduced the Director of Spokane County Community Services Department, Mr. Justin Johnson, Integrated Behavioral Healthcare Manager, Ms. Ashley Magee, Integrated Care Coordinator, Ms. Jessica Thompson and Spokane County Homeless Services Deputy, Mr. Josh Pratt. Mr. Johnson spoke about the Spokane Regional Stabilization Center and the services that are provided at the facility. Currently, there are 45 beds total and they provide 23-hour crisis relief and sobering services. Ms. Thompson provided additional details on what the crisis relief center is and what the requirements are for the facility. Ms. Magee explained the details on the expansion project and that it would all for more individuals to access services and assist in the prevention of future behavioral health crises and divert from hospitals and the criminal justice system. Allowing these services in a single location helps to address multiple needs in a seamless transition from one service to another. Mr. Johnson stated that the partnership for the center is critical in getting the funding support that is needed and will allow the growth for the center that is also needed. Council discussed the collaboration with the surrounding community and agreed the center has greatly assisted with those in need of assistance. The council provided a consensus to allow the Mayor to sign support letters to assist the county with requesting federal funding for expansion of the center. 7. Admin Report: Commute Trip Reduction Interlocal — Morgan Koudelka Mr. Koudelka discussed the state required program that Spokane Valley has historically had an interlocal agreement with Spokane County for providing the required services. There are currently 18 affected Council Meeting Minutes, Formal: 03-26-2024 Page 3 of 5 Approved by Council: employers that must comply with the program requirements, the city being one of the employers. Mr. Koudelka stated that there were not any substantive changes from the previous agreement and that the county would retain the funding to administer the program and facilitate all the requirements from the state. Council discussed various topics to include the CTR board representation, how the state handles the funding, and reporting of the data that is compiled. The council provided a consensus to bring the interlocal agreement forward to a future council meeting for approval. 8. Advance Agenda — Mayor Haley Councilmember Yaeger asked about a community clean up event for Earth Day for next year as it was too late for this year. Councilmember Wick noted that while the city may not be able to do an Earth Day event, the Kiwams group was cleaning the Appleway Trail on the 20t1i of April and invited the community to participate. City Manager Hohman stated the city was collaborating with WSDOT for litter clean up as well and would follow up with an admin report on the details if council approved. Consensus was provided to bring back an admin report with an update on the WSDOT collaboration. Councilmember Merkel asked about considering having a town hall on Sprague Stormwater project and admin report to cancel the report. There was not consensus to move that item forward. Councilmember Merkel requested that committees being open to the public. There was not consensus to move that item forward. Councilmember Merkel requested to have an ordinance to have minutes to get it done at the following meeting. There was not consensus to bring that item forward. Councilmember Merkel spoke about changing the city code regarding the trees along the street line as he believes they are covering the business signs. There was not consensus to bring the item forward. Councilmember Merkel requested the city submit an amicus brief regarding supreme court Johnson v grants pass. Deputy City Manager Lamb stated that it may be too late to sign on at this time, but would look into a summary of arguments that AWC will come out at a later date. Councilmember Merkel amended his request to be an admin report covering the summary of arguments from AWC. Council provided consensus to add that item to the advance agenda. INFORMATION ONLY (will not be reported or discussed) 9. Department Monthly Reports 10. Fire Dept Monthly Report COUNCIL COMMENTS Councilmember Merkel made a general comment about a youth volleyball tournament in town and felt it should be posted on the website. He also questioned the marketing services RFQ and wanted to know what it was for. Councilmember Merkel submitted his own changes to the RFP for homeless outreach services and submitted it for the record. Councilmember Merkel spoke about the Sprague Stormwater project. Deputy Mayor Hattenburg stated that the Sprague Stormwater project is for just over a block and not 10 miles and there is state funding involved. City Manager Hohman noted that staff spoke with property and business owners when the project initially started. Councilmember Higgins cautioned that opening the SCRAPS contract to review it could double or triple our funding requirements. Councilmember Padden stated that she may be gone for the meeting next week but may be able to Zoom in and was looking for approval for the absence. Permission was granted for the absence. Councilmember Merkel brought up the Sprague Stormwater project once again. Councilmember Higgins poised a Point of Order. Mayor Haley asked that he speak to the point. Councilmember Higgins noted that the topic had already been discussed. Mayor Haley noted that point and agreed and asked to move to city manager comments. Council Meeting Minutes, Formal: 03-26-2024 Page 4 of 5 Approved by Council: CITY MANAGER COMMENTS City Manager Hohman stated that the Right -Sizing Police Project presentations will begin next week and provided dates and locations for each of the presentations and open houses. He also stated that the meeting for April 9th will be a special meeting and will begin at 5:OOpm - Andrew Ballard will be facilitating that meeting as well. It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:10 p.m. ATTEST: Pam Haley, Mayor Marci Patterson, City Clerk Council Meeting Minutes, Formal: 03-26-2024 Page 5 of 5 Approved by Council: MINUTES City of Spokane Valley City Council Study Session Meeting Tuesday, April 2, 2024 Mayor Haley called the meeting to order at 6:00 p.m. The meeting was held in person in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Pam Haley, Councilmember Rod Higgins, Councilmember Tim Hattenburg, Councilmember Laura Padden, Councilmember (via Zoom) Al Merkel, Councilmember Ben Wick, Councilmember Jessica Yaeger, Councilmember Staff John Hohman, City Manager Erik Lamb, Deputy City Manager Chelsie Taylor, Finance Director Gloria Mantz, City Services Administrator Kelly Konkright, City Attorney Bill Helbig, Community & PW Director Jill Smith, Communications Manager Tony Beattie, Sr. Deputy City Attorney Dave Ellis, Police Chief Mike Basinger, Economic Dev. Director John Bottelli, Parks & Rec Director John Whitehead, HR Director Erica Amsden, CIP Engineering Manager Rob Lochmiller, CIP Engineering Manager Sarah Farr, Accounting & Finance Program Mngr Morgan Koudelka, Sr. Administrative Analyst Nikki Kole, IT Specialist Marci Patterson, City Clerk ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present with Councilmember Padden joining the meeting via Zoom. APPROVAL OF AMENDED AGENDA Prior to the motion, Councilmember Merkel questioned why the agenda was amended. Deputy Mayor Hattenburg noted that the action item regarding the CDBG funds was changed to a non -action item as there was not adequate time provided for the review of the 53 applications received and for council to make a decision on the applications. It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to approve the amended agenda. MAYOR'S STATEMENT Mayor Haley read a statement regarding information on the Sprague Ave stormwater project. The Mayor also congratulated Councilmember Wick as the recipient of the 2023 Harry E. Nelson Citizen of the Year award. Councilmember Merkel stated a Point of Privilege. Mayor Haley asked him to state the point. Councilmember Merkel then provided a verbal dissent regarding what the Mayor had just presented. PROCLAMATION: Mayor Haley read the proclamation for National Public Health Week, which was accepted with thanks from Ms. Kelly Hawkins and Alisha Thompson and noted that the national focus this year was "for the public health of it." GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comment. Barb Howard, Spokane Valley via Zoom): spoke about SCRAPS. Mr. Mike Dolan, Spokane Valley: spoke about the need for council to be non -partisan and not continue to bicker. Ms. Kim Pollari, Spokane Valle spoke about the SCRAPS contract and holding them accountable to the contract. Council Meeting Minutes, Study Session: 04-02-2024 Page 1 of 4 Approved by Council: Ms. Anna Rounsville, Spokane Valley: spoke about SCRAPS and the Director of SCRAPS. Mr. Tim Malick, Spokane: spoke about the inaccuracies in the SCRAPS presentation at a previous council meeting. Ms. Kelle Masterson, Spokane Valley: spoke about the average number of days that the animals are held at SCRAPS and their claim not to be a shelter. Ms. Marie Pechous, Suncrest: spoke about the capacity functions at SCRAPS. Ms. Anna Martin, Spokane Valley: spoke about what a true no -kill shelter represents. Mr. John Harding, Spokane Valley: spoke about an article in the newspaper and thoughts about the need for a different form of government for the valley. Ms. Jason Schriver, Spokane Valley: spoke about SCRAPS and no -kill requirements and what little effort it takes to maintain a clean facility. Ms. Kendra Dinning_ Spokane Valley: spoke about the former and current management of SCRAPS. Ms. Kim Slinger, Spokane Valley: spoke about her dismay at the way council conducts business. ACTION ITEM: 1. Motion Consideration: Bid Award, 16th Ave. Preservation— Erica Amsden It was moved by Deputy Mayor Hattenburg and seconded to award the 16th Ave Preservation Project — Evergreen to Adams contract to Shamrock Paving, Inc. in the amount of $1,115, 000 and authorize the City Manager to finalize and execute the construction contract. Ms. Amsden provided additional details regarding the project and the bid award. Council discussed the bump outs at the corners/crosswalks and it was noted that it is compliant with ADA requirements and is a safety factor for pedestrians at the crosswalks. Mayor Haley called for public comment. Mr. Mike Dolan, Spokane Valley questioned the bump outs and the impact on snow removal, large trucks and questioned why children need them. City Manager Hohman stated the bump outs have been reviewed by the engineering department and are the best practice for all pedestrian traffic. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 2. Motion Consideration: Commute Trip Reduction Interlocal — Morgan Koudelka It was moved by Deputy Mayor Hattenburg and seconded to authorize City Manager to finalize and execute the 2023-2025 Interlocal Agreement for Spokane County Commute Trip Reduction Services. Mr. Koudelka briefly explained the interlocal agreement and a background on the program. Councilmember Merkel made a motion to amend the contract to include monitoring and evaluation requirements such that we are collecting information from the employers within the city to make sure that they're happy with the project and also to put in a process where we can have input into the administrator that the county has chosen should they choose to change the administrator. With no second, the motion died. Mayor Haley continued the discussion to include cost questions should the city try to administer the funding in house. Mr. Koudelka stated that there is not time for current staff to administer the funding and the funding we receive would not cover additional staff to administer funds. Mayor Haley called for public comment; no comments were provided. Vote by acclamation on the original motion: in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Higgins, Wick, Yaeger and Padden. Opposed.- Councilmember Merkel. Motion carried. 3. Motion Consideration: Barker Corridor Right of Way Consultant Contract — Rob Lochmiller It was moved by Deputy Mayor Hattenburg and seconded to authorize the City Manager to finalize and execute the consultant agreement with Epic Land Solutions, Inc in an amount not to exceed $675, 572.00 for the South Barker Corridor Improvements. Mr. Lochmiller provided details on the project regarding the scope of work for the contractor, background on the project and an overview of the breakdown of project. Council discussed cost and qualifications of the consultant to do the project. As a federal funded project, there are additional details required for the contractor on the project. This project was extensively reviewed and will serve current and future traffic well. Mayor Haley called for public comment. Mr. Bob West, Spokane Valley: stated that he appreciated the City Managers comments but feels that we should just train an engineer on staff to do the work. Vote by acclamation on the original motion: in favor: Mayor Haley, Deputy Mayor Hattenburg Councilmembers Higgins, Wick, Yaeger and Padden. Opposed. Councilmember Merkel. Motion carried. „_ r_ •_EN!Mmemm Mayor Haley called for a recess at 7:35 p.m.; she reconvened the meeting at 7:45 p.m. Council Meeting Minutes, Study Session: 04-02-2024 Page 2 of 4 Approved by Council: NON -ACTION ITEMS: 4. Admin Report: Housing and Urban Development, 2024 Program Funding — Gloria Mantz Ms. Mantz provided details on the background of the funding and reviewed the current city set -aside amounts for each funding opportunity. She stated that the county received 53 applications in total for all funding sources and provided a summary sheet detailing each application. Deputy Mayor Hattenburg provided additional details on the applications and the selection process as he and Councilmember Wick are part of the selection board. He highlighted some of the Spokane Valley businesses that service our residents and that they would be prioritizing those applications during the selection process. Those applications included Habitat for Humanity, Reclaim. Meals on Wheels, Valley Partners, Alexandria's House, Family Services and Mirabeau Townhouse. Council discussed the applicants and how funding is appropriated. Ultimately, council agreed that recommended applicants were a good option to move forward with during the selection process. 5. Admin Report — Police Funding Update — Erik Lamb, Chief Ellis, Chelsie Taylor, Morgan Koudelka Mr. Lamb opened the discussion by introducing city staff, Chief Ellis and Deanna Gregory with Pacifica Law Group (via Zoom). Ms. Gregory then presented a PowerPoint presentation that detailed options for council to review for election considerations for funding the police and the legal requirements for each option. Ms. Gregory provided details on a property tax levy lid lift and a public safety sales tax and a utility tax. She went over differences in the options in great detail and then provided information on timing for each option for election purposes and implementation of funds. Mr. Lamb reviewed the cost of the officers and Mr. Koudelka provided details on the remaining phases of the implantation of the officers. Council thoroughly discussed the variety of options and questioned timing of each election cycle and when funding would happen. If council chose to utilize the August primary election, staff noted that they would need to return in a very short period of time with all the necessary documentation to proceed with getting the item on the ballot. Ultimately at the end of the discussion, the consensus was to not proceed with putting anything on the August ballot. It was moved by Councilmember Yaeger and seconded and unanimously agreed to extend the meeting by 30 minutes. 6. Admin Report: Yellowstone Franchise Agreement — Tony Beattie Mr. Beattie provided details regarding the need for the franchise agreement. This agreement will allow Yellowstone to make necessary changes to the pipeline location within the Pines Grade Separation Project. Council discussed the project timeline and if there were any fees associated with the agreement. A consensus was provided to bring the franchise ordinance forward to a future meeting. 7. Advance Agenda — Mayor Haley Councilmember Merkel proposed a mandate that the 3 touches happen within a calendar year, there was not consensus to move that request forward. Councilmember Yaeger questioned the timing of Executive Sessions and the possibility of having them at the beginning of the meeting. City Manager Hohman noted that there are times when the Executive Sessions are at the beginning of the meeting and that it was typically based on the availability of the councilmembers. Councilmember Merkel requested an Ordinance that would prohibit the council from taking action after an Executive Session unless in emergency situations. There was not consensus to bring that item forward. COUNCIL COMMENTS Councilmember Merkel requested that any amended agendas be posted to the city's website after the council meetings. CITY MANAGER COMMENTS Mr. Hohman thanked the members of the public that attended the Right Sizing Police Project Open House that evening. He also mentioned that the council meeting the following week would be a Special Meeting that would be a follow-up on the Strategic Planning meeting from February and would be facilitated by Andrew Ballard with Marketing Solutions. Council Meeting Minutes, Study Session: 04-02-2024 Page 3 of 4 Approved by Council: It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:06p.m. ATTEST: Pam Haley, Mayor Marci Patterson, City Clerk Council Meeting Minutes, Study Session: 04-02-2024 Page 4 of 4 Approved by Council: MINUTES City of Spokane Valley City Council Special Meeting Tuesday, April 9, 2024 Mayor Haley called the meeting to order at 5 p.m. The meeting was held in person by Council and staff in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Tim Hattenburg, Deputy Mayor Erik Lamb, Deputy City Manager Rod Higgins, Councilmember Chelsie Taylor, Finance Director Laura Padden, Councilmember Gloria Mantz, City Services Administrator Al Merkel, Councilmember Kelly Konkright, City Attorney Jessica Yaeger, Councilmember Bill Helbig, Community & PW Director Ben Wick, Councilmember John Bottelli, Parks & Rec Director John Whitehead, Human Resources Director Tony Beattie, Sr. Deputy City Attorney Jill Smith, Communications Manager Mike Basinger, Economic Dev. Director Dave Ellis, Police Chief Justan Kinsel, IT Specialist Marci Patterson, City Clerk ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present. WELCOME: Mayor Haley opened the meeting with an introduction of Andrew Ballard with Marketing Solutions as our facilitator for the Strategic Planning meeting. Mr. Ballard opened with a review of the agenda for the evening and a brief overview of the previous Strategic Planning meeting held on February 13, 2024. COUNCIL 2026 PRIORITY GOALS: Mr. Ballard reviewed the procedures for the 4-step process to get to the councils 2026 priority goals. He stated that each councilmember will be allowed three opportunities for brainstorming a topic to add to the board. There are 21 openings for the brainstorming in order to get to the goal concepts. Mr. Ballard reviewed the previous SWOT (strengths, weaknesses, opportunities, and threats) report from the previous meeting. Councilmembers brainstormed a variety of topics. Once 21 brainstorming ideas were listed, council then consolidated some of the ideas on the list and prioritized each goal. Mr. Ballard called for a recess at 6:10 p.m.; she reconvened the meeting at 6:25 p.m. The final component of the process was to frame up the top five council goals. Council discussed the goals they had initially outlined and narrowed the scope down to ultimately achieve the five goals. 1. Increase public safety response to ensure everyone feels safe in Spokane Valley. 2. Expand homeownership opportunities so more local people own homes. 3. Continue economic development efforts to maximize business growth. 4. Maintain our strong financial position. 5. Utilize strategic partnerships to aggressively reduce and prevent Spokane Valley homelessness. Once the goals were achieved, Mr. Ballard stated that the goals were very well stated and would be something the city could use to work with. He provided closing remarks and Mayor Haley thanked Mr. Ballard for his time and assistance with the workshop. Council Meeting Minutes, Study Session: 01-17-2024 Page 1 of 2 Approved by Council: It was moved by Mayor Haley, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:27 p.m. ATTEST: Pam Haley, Mayor Marci Patterson, City Clerk Council Meeting Minutes, Study Session: 01-17-2024 Page 2 of 2 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading of Ordinance 24-005 Amending Section 18.20.030 and Appendix B of the Spokane Valley Municipal Code GOVERNING LEGISLATION: RCW 35A.12.120; RCW 35A.63.170; City Council Governance Manual PREVIOUS COUNCIL ACTION TAKEN: • Consideration of Resolution 24-006 on 3-12-2024. • Consideration of Ordinance 24-005 on 3-12-2024. • Adoption of Resolution 24-006 on 4-16-2024. BACKGROUND: At the April 16, 2024, Council meeting, Council adopted Resolution 24-006 amending the City Council Governance Manual. The amendments were recommended by the Council Governance Committee and include the addition of Chapter 5. Chapter 5 defines the standards of conduct for Councilmembers and provides procedures for alleged violations to be investigated and presented to Council for action. These procedures include providing an accused Councilmember the opportunity to request a hearing before the City Hearing Examiner to contest an investigator's findings and conclusions that the accused Councilmember engaged in conduct violating the standards of conduct. Due to the addition of Chapter 5 to the Governance Manual, section 18.20.030 of the Spokane Valley Municipal Code ("SVMC") needs to be amended to provide the City Hearing Examiner with jurisdiction to preside over hearings contesting an investigator's findings and conclusions of misconduct. Additionally, the City Hearing Examiner procedural rules, located in Appendix B of the SVMC, must be amended to include rules and procedures for such hearings. The rules and procedures currently in Appendix B are not appropriate for such hearings because they are designed for matters related to land use decisions of the City, not hearings to determine whether Councilmembers engaged in misconduct. This is the second time these proposed changes have been presented to Council. Council first considered Ordinance 24-005 during the March 12, 2024, Council meeting. OPTIONS: (1) Adopt Ordinance 24-005, or (2) take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: I move to advance Ordinance 24-005 Amending Section 18.20.030 and Appendix B of the Spokane Valley Municipal Code to a second reading. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Kelly Konkright, City Attorney ATTACHMENTS: • Ordinance 24-005 Amending Section 18.20.030 and Appendix B of the Spokane Valley Municipal Code CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24-005 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING THE CITY COUNCIL GOVERNANCE MANUAL, SPOKANE VALLEY MUNICIPAL CODE SECTION 18.20.030 AND APPENDIX B RELATING TO ENFORCEMENT OF COUNCIL CONDUCT STANDARDS, HEARING EXAMINER AUTHORITY, AND PROCEDURAL RULES FOR HEARINGS BEFORE THE HEARING EXANHNER WHEREAS, the Council Governance Manual contains standards of conduct applicable to individual Councilmembers (hereinafter "Conduct Standards"); and WHEREAS, the Council Governance Manual provides that Councilmembers may submit complaints that another Councilmember violated the Conduct Standards, and identifies mandatory procedures for an independent third party to investigate said allegations before Council disciplines an accused Councilmember; and WHEREAS, the Council Governance Manual provides accused Councilmembers with the ability to demand a hearing before the City Hearing Examiner to contest the findings of the investigation; and WHEREAS, the current scope of the City Hearing Examiner's authority as defined in the Spokane Valley Municipal Code does not include the authority to conduct a hearing to determine whether a Councilmember violated a Conduct Standard; and WHEREAS, RCW 35A.12.120 authorizes the Council to adopt and enforce rules governing Council conduct, and RCW 35A.63.170 authorize the City to vest the City Hearing Examiner with the power to hear and decide appeals of administrative decisions or determinations; and WHEREAS, the City's current rules of procedure for hearings before the Hearing Examiner identified in SVMC Appendix B were not designed for hearings to determine whether a Councilmember violated conduct standards; and WHEREAS, the proposed amendments to SVMC 18.20.030 and SVMC Appendix B are in the best interests of the health, safety, and welfare of the citizens of the City. Ordinance 24-005 Page 1 of 10 NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend section 18.20.030 and Appendix B of the Spokane Valley Municipal Code (SVMC) to authorize and provide procedural rules for the City Hearing Examiner to conduct hearings requested under Chapter 5 of the Council Governance Manual to contest findings and conclusions that a Councilmember violated Conduct Standards. Section 2. Amendment. Section 18.20.030 is hereby amended as follows: 18.20.030 Powers and duties. A. The hearing examiner shall be under the administrative supervision of the city manager. B. The hearing examiner shall have the following powers and duties: 1. Annually provide a written report to the city manager or designee and city council that states the number and type of hearings conducted and decisions issued during the past year, the outcome of such decisions, recommendations for improving the hearing examiner system, and pertinent observations and recommendations regarding land use policies and development regulations. 2. Upon request, meet with the city manager or designee or city council to discuss the written report. 3. Receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decisions, or recommendations. 4. As a part of the conduct of public hearings, the hearing examiner shall have the authority to: a. Conduct pre -hearing conferences; b. Require the submittal of information; c. Schedule and continue hearings; d. Rule on all evidentiary and procedural matters, including motions and objections appropriate to the proceedings; e. Receive evidence and cause preparation of the record; f. Regulate the course of hearings and the conduct of the parties and their agents; Ordinance 24-005 Page 2 of 10 g. Maintain order during the hearing process; h. Render decisions and issue written findings and conclusions; i. Include in a decision the conditions of approval necessary to ensure that the application complies with the applicable criteria for its approval; and j. Revoke any approval for failure to comply with the conditions imposed by the hearing examiner where specifically authorized by the SVMC or state law. 5. The hearing examiner shall hear the following matters: a. Variances; b. Conditional use permits; c. Special use permits; d. Shoreline letter of exemption appeals; e. Preliminary plats; f. Appeals from any administrative decision of the department of community and public works or the building official in the administration or enforcement of Chapter 7.05 SVMC and Title 17 through 24 SVMC and any other land use code or regulation; g. Appeals on State Environmental Policy Act (SEPA) determinations; h. Site -specific zone changes of property, including any environmental determination (under SEPA); and i. Hearings requested under Chapter 5 of the Council Governance Manual contesting findings and conclusions that a Councilmember violated the Council Conduct Standards enumerated in said Governance Manual. j� Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring whether the decision of the hearing examiner is a final decision or may be appealed to the city council. 6. All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in Appendix B. 7. Hearing Examiner decisions shall be given the effect of a final decision of the legislative body, except for rezones and where otherwise specified by City Council or the applicable SVMC. Ordinance 24-005 Page 3 of 10 8. Appeals of any decision of the hearing examiner, other than decisions that a Councilmember violated the Council Conduct Standards, shall be as is set forth in Chapter 17.90 SVMC. A Hearing Examiner decision that a Councilmember violated the Council Conduct Standards may only be gppealed to the Washington Superior Court as set forth in Chapter 5, Section D.5 of the Council's Governance Manual. Section 3. Amendment. Chapter 1, Section B of Appendix B SVMC is amended as follows: B. Jurisdiction. The scope of the Hearing Examiner's jurisdiction is set forth in RCW 35A.63.170 and chapter 18.20 SVMC. The Hearing Examiner shall have the authority set forth in RCW 35A.63.170 and chapter 18.20 SVMC. The scope of this jurisdiction includes the power to issue orders and make a decision or recommendation on an application or appeal as provided in the SVMC. This jurisdiction also includes the power to issue decisions with findings, conclusions, and recommendations when a Councilmember requests a hearing to contest an investigator's written finding and/or conclusion that the Councilmember violated the Council Conduct Standards, but only when the investigator's findings/conclusions are incident to investigating a complaint made in accordance with Chapter 5 of the Council Governance Manual. Section 4. Amendment. A new Chapter IV is hereby added to Appendix B of the SVMC as follows: Chapter IV: Hearings on Council Conduct Standards Violation Chapter IV applies to all hearings requested by a Councilmember to contest a finding that they violated the Citv's Council Conduct Standards. Sections: A. Participation by Parties. B. Scheduling and Notice of Hearings. C. Conduct of Hearings. D. Withdrawal of Heating Request. E. Dismissal Based on Failure to Partici F. Decisions/ Recommendations. G. Reconsideration. A. Parties and Participation at Hearing. 1. "Investigator" Definition. At all times used herein, "Investigator" shall refer to the independent third -party attorney retained by the City in accordance with Chapter 5 of the Council Governance Manual to investigate allegations that a Councilmember breached the Council Conduct Standards set forth in the Council Governance Manual. Ordinance 24-005 Page 4 of 10 2. Investigator Participation. No Ci . employeey directly participate in the hearing, unless called as a witness by the Investigator or Subject Councilmember, but shall be provided notice thereof. At the hearing, the Investigator who issued the Investigator's report shall present evidence and testimony, object, cross-examine and make motions, arguments, recommendations, and all other actions essential to a fair hearing. 3. Councilmember Participation. The Councilmember who requested the hearing ("Subject Councilmember") shall be provided notice and the opportunity to present evidence and testimony, object, cross-examine, and make motions, arguments, recommendations, and all other actions essential to a fair hearing. 4. Participation by the Public. The hearing shall be open to the public, but the public does not have a right to participate therein. 5. Responsibilities of Investigator. At least ten (10) business days before the hearing, the Investigator shall provide the Investigator's report and all documents in their possession relating to the investigation to the Subject Councilmember and Hearing Examiner. 6. Responsibilities of Subject Councilmember. The Subject Councilmember shall provide the Hearing Examiner and Investigator any material that Subject Councilmember wishes to present or intends to rely upon at the hearing at least five (5) business days prior to the hearing. The intent of SVMC Appendix B, Chapter IV, Section (A)(5) & 6) is to ensure that all documents and arguments to be relied upon by an, o�principal parties in the hearing before the Hearing Examiner are available for review by all other parties prior to the hearing, thus avoiding "surprise" at the hearing and facilitating efficiency. These rules will be interpreted by the Hearing Examiner to facilitate that purpose in conformance with applicable legal requirements for open record hearings. 7. Responsibilities of All Parties, Witnesses, and Observers. Parties, witnesses, or observers shall conduct themselves with civility and deal courteously_ with all involved in the proceedings. Failure to do so may result in removal from the hearing at the discretion of the Hearing; Examiner. Testimony shall be directed to the Hearing Examiner and not at other parties, and shall be limited to matters relevant to the issues before the Hearing; Examiner. 8. Documentary evidence may be received in the form of copies or excerpts at the Hearing Examiner's discretion. The Hearing Examiner may require that the original of a document be produced. True and correct copies shall also be given to the Investi ag tor, the Hearing Examiner, and any other party in attendance at the hearing_ Ordinance 24-005 Page 5 of 10 9. Except for the initial Notice of Hearing, all documents delivered to another party or the Hearing Examiner may be made by email. Appeals shall be filed and served pursuant to Chapter 5, Section D.S. of the Governance Manual. B. Scheduling and Notice of Hearings. 1. The Hearing Examiner shall set the hearing within 60 days of the City Manager receiving the request for a hearing by the Subject Councilmember. The Hearing Examiner is encouraged to coordinate with the Subject Councilmember and Investigator, when setting the dates , time(s), and location at which the hearing will occur. The Hearing Examiner may set any other deadline the Hearing Examiner determines will bromote efficient and fair resolution of the matter. 2. The Hearing Examiner shall serve the Subject Councilmember and Investigator, with a copy to the City Manager, with a Notice of Hearin identifying dentifying the dates), time(s) and location of the hearing and any other deadlines set by the Hearing Examiner. Service of the Notice of Hearing shall be by email, and first-class mail. Unless agreed to otherwise, the Notice of Hearing shall be delivered no later than 21 dUs prior to the date of the hearing. For the purpose of this section, delivery is deemed to have occurred on the third day following mailing of the Notice of Hearing. 3. The Notice of Heariniz shall contain a statement that the heariniz will be conducted in the manner set forth in SVMC, Appendix B, Chapter IV. 4. If a person entitled to receive notice of the hearing does not actually receive notice, then the Hearing Examiner shall continue the hearing to a later date. 5. A person is deemed to have received notice if the person wears at the hearing and failed to object to the lack of notice promptly after the person obtained actual knowledge of the hearing date. C. Conduct of Hearings. 1. Content of the Record. The record of a hearing conducted by the Hearing Examiner under this Chapter of Appendix B shall include, but need not be limited to, the following materials: a. The Council Conduct Standards Complaint, b. The report of the Investigator who investigated the above Complaint, c. All evidence received or considered by the Hearing Examiner, which shall include oral testimony given at the hearing, all exhibits, and other materials submitted, d. A statement of all matters officially noticed by the Hearing Examiner, e. A decision containing; the findings and conclusions of the Hearing Examiner; Ordinance 24-005 Page 6 of 10 f. A recommendation of whether to impose discipline and the discipline to impose, g&. Electronic recordings of the hearing and proceedings by the Hearing Examiner, h. The Notice of Hearing along with an affidavit of service attesting that the hearing notice was delivered to the Subject Councilmember (including the date and how delivery was made) pursuant to Appendix B Chapter IV, Section B.2. 2. Hearing format. A hearing_ generally includes, but is not limited to, the following elements: a. A brief introductory statement of the matter and overview of the hearing process by the Hearing Examiner, b. A report by the independent Investigator, including introduction of the Council Conduct Standards complaint, the Investigator's investigation, the procedural history and an explanation of the Investigator's investigation and findings which can include the use of visual aids, and the Investigator's recommendations, c. The submittal of testimony and documents by the Subject Councilmember; d. Rebuttal of testimony, if pplicable, e. Closing arguments; f. An opportuni , for questions by the Hearing Examiner, and g. Closure of hearing and record. 3. Evidence. a. Burden of Proof. The Investigator shall have the burden of proof to show on a more probable than not basis, that the Subject Councilmember violated one or more of the provisions of the Council Conduct Standards. b. Admissibility. The hearing_ generally will not be conducted in strict adherence to Rules of Evidence, but evidentiary_ rules may be used for guidance. Any relevant information and material shall be admitted if it bossesses brobative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The Hearing Examiner may exclude all evidence that is irrelevant, immaterial, unduly repetitious, or whose probative value is substantially outweighed by undue prejudice that would result from it being admitted into evidence. The rules of privilege shall be effective to the extent recognized by law. The Hearing Examiner shall have discretion on the admissibility of all evidence. The Hearing Examiner Ordinance 24-005 Page 7 of 10 shall give such weight to the evidence submitted as he or she deems appropriate and as ma, be required by law. c. Copies. Documentary evidence may be received in the form of copies, excerpts, or incorporation by reference at the Hearing Examiner's discretion. The Hearing Examiner may require an original, in which case it shall be provided to the Hearing Examiner. Parties shall provide copies of all evidence submitted to the Hearing Examiner to all other parties. Upon request, parties shall be given an opportunity to compare the copy with the original. d. Judicial Notice. The Hearing Examiner may take judicial notice of judicially cognizable facts, federal, state, and local laws, ordinances, or regulations, the City's Comprehensive Plan and other adopted plans or policies of the City; and may take notice of general, technical, or scientific facts within his or her specialized knowledge, so longas s any judicially noticed facts are included in the record and referenced or are apparent in the Hearing Examiner's final decision. The Hearing Examiner shall not take notice of disputed adjudicative facts that are at the center of a particular proceeding. e. The Hearing Examiner may occasionally request material to be filed after the close of testimony. Only those items referred to at the hearing and specifically requested by the Hearing Examiner may be submitted in this manner. Nothing in this subsection allows anv ex barte submission of anv document or communication to the Hearing Examiner. All parties shall have the opportunity to address, respond, and/or provide responsive documents as may be allowed by the Hearing Examiner. f. The Hearing Examiner may call witnesses and request written evidence in order to obtain the information necessary to make a decision. The Heariniz Examiner may also request written information from or the appearance of a representative from any City department necessary to make a decision. g. Additional evidence may only be submitted upon a request for reconsideration based on the discovery of new evidence which could not reasonably be available at the time of the hearing. If additional evidence is submitted with a request for reconsideration, it will only be considered upon a showing of significant relevance and good cause for delay in its submission. All parties shall be given notice of the consideration of such evidence and granted an opportunity to review such evidence and file rebuttal arguments. h. All parties shall be allowed an opportunity to make a record of evidence admitted or denied during the course of the hearing. This record shall include offers of proof. D. Recommendations/Decisions. 1. Written Decisions. The Hearing Examiner shall prepare and issue a written decision that includes findings of fact and conclusions. The decision shall be forwarded to the Ordinance 24-005 Page 8 of 10 Subject Councilmember, Investigator and City Manager within ten (10) working days after the hearing„ unless a longer time period is mutually agreed to in writing b. the Subject Councilmember, Investigator, and the Hearing Examiner. The Hearing Examiner's decision shall be the final decision of the City as to the findings of fact and conclusions of law. If the Hearing Examiner concludes that the Subject Councilmember violated the Council Conduct Standards, then the Hearing Examiner's decision shall provide a recommendation whether discipline should be imposed, and if so, identify the recommended disciplinary measure(s). 2. Content of Decision. a. Findings of fact upon which the decision or recommendation, including any conditions, was based. The findings shall be based exclusively on the evidence presented in the hearing and those matters officially noticed pursuant to SVMC Appendix B, Chapter IV, section C.3.d. b. Conclusions shall include a resolution of all the issue(s) based upon the findings. The conclusions shall reference the Council Conduct Standards at issue in the matter and shall include a determination, based on the findings of fact, as to whether the Investigator met their burden. c. Recommendation to the Council whether the Subject Councilmember should be disciplined and, if so, the recommended discipline authorized by Cligpter 5 of the Council's Governance Manual. d. The date of the decision and time period for appeal to the Washington Superior Court identified in Chapter 5, Section D.5 of the Council's Governance Manual. Section 5. Other sections unchanged. All other provisions of chapter 18.20 SVMC not specifically referenced hereto shall remain in full force and effect. Section 6. Severability. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Ordinance 24-005 Page 9 of 10 Passed this day of , 2024. Pam Haley, Mayor ATTEST: Marci Patterson, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 24-005 Page 10 of 10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 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: Clean Building Requirements and Potential Grant Opportunity GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: April 12, 2024: Admin report discussing Clean Building requirements and two potential grant opportunities. BACKGROUND: Governor Inslee signed the Clean Building Law (H.B. 1257) in 2019 and Senate Bill 5722 in 2022. The Department of Commerce (Commerce) developed energy performance standards for non- residential buildings. Tier 2 buildings have a gross area between 20,000 and 50,000 square feet (sq ft). Tier 1 buildings have a gross area that exceeds 50,000 sq ft. These requirements apply to three city -owned buildings: CenterPlace (56,055 sq ft), City Hall (65,299 sq ft) and the Police Precint (22,010 sq ft). Compliance dates for the city's Tier 1 and Tier 2 buildings are June 1, 2028, and June 1, 2027, respectively. These standards implement the American Society of Heating, Refrigerating and Air -Conditioning Engineers (ASHRAE) Standard 100-2018. WAC 194-50-001. The law aims to reduce carbon pollution caused by non-residential buildings by establishing energy use intensity targets (EUlt) specific to Washington. The law has the added effect of requiring buildings to efficiently use energy saving measures. There are several preliminary steps required for compliance. First, the City must conduct a benchmark for Tier 1 buildings which is the process of measuring and tracking energy use. This process is intended to document building characteristics and energy consumption so it can be compared to similar buildings. This must be done using at least 12 consecutive months of data. The benchmark was completed for City Hall and CenterPlace and indicates that City Hall meets the required target, however, CenterPlace does not. An energy audit will be required for CenterPlace to determine the most cost effective measures to achieve the required target. The audit is estimated to cost $40,000. For Tier 1 and Tier 2 buildings, the City also has to establish and implement an operation and maintenance (O&M) program. The purpose of this program is to preserve the life of energy systems. The O&M program must be implemented at least 12 months prior to the compliance date. Concurrently, the City must establish an energy management plan which identifies energy efficiency measures that will enable the building to meet its target energy use. The energy management plan establishes energy efficiency measures to reach and maintain compliance, develops a replacement schedule of key assets, establishes training plans. The estimated cost of developing the O&M program and energy management plan is estimated to cost $10,000 to $15,000 per building. Page 1 of 2 There are two funding opportunities that can help offset the initial costs of the Clean Building requirements: 1) Energy Efficiency Revolving and Conservation Formula (EERCF) Program. The formula allocation for the City for the EERCF program is $154,350. Applications are due on April 30, 2024. This funding can be utilized for developing and implementing energy efficiency strategies, audits, and conducting energy retrofits. Staff recommend applying for this funding opportunity for $154,350 to develop the O&M program and energy management plan for the Tier 1 and Tier 2 buildings owned by the City and to make energy upgrades up to $100,000 at one of the City owned facilities. 2) Washington State Department of Commerce (Commerce) Clean Building Audit Incentive Program. Commerce is accepting applications until April 20, 2025 contingent on funding availability. This funding provides up $0.50/sq ft of floor area to conduct energy audit. Staff recommend pursuing this funding opportunity to pay for a portion of the audit cost for Centerplace or approximately $28K. Staff estimates both applications can be prepared in one week. OPTIONS: 1) Proceed with the staff recommendation and move to authorize the City Manager to apply for the EERCF Program and the Clean Building Audit Incentive Program, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to apply for the EERCF Program and the Clean Building Audit Incentive Program as proposed by staff, or 2) take other appropriate action. BUDGET/FINANCIAL IMPACTS: The 2024 budget does not include funding to comply with the Clean Building requirements. The initial estimate to complete an audit for CenterPlace ($40,000) and developing the O&M program and energy management plan ($45,000) is estimated to cost $85,000. The ongoing costs to implement the Clean Building requirements will be determined when the O&M program, energy management plan and audit are completed. STAFF CONTACT: Gloria Mantz, City Services Administrator ATTACHMENTS: Presentation Page 2 of 2 U) Z W 5: CY W Z Q W J U 0 ca Lm .E a� N N � O v N M N U a N ca ca �i O A u 0 L C.� cu m O N cn c6 c O O . 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N N _O �6 .0 CD � Q > c6 N o N U) > c N N OU 0 W W CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 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 — Parks Janitorial Contract GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Parks Maintenance Agreement: Contract 16- 174, Awarded 12/17/2016; Administrative Report: Parks Maintenance Contract, 11/15/2022; Administrative Report: Parks Maintenance Update, 5/30/2023; Administrative Report: Park Maintenance Contract, 8/8/2023; Administrative Report: Park Maintenance RFP Update, 12/05/2023. Motion Consideration: Park Landscape Maintenance Contract Awards, 12/12/2024. BACKGROUND: The City of Spokane Valley offers a diverse range of parks and trails throughout its parks system for use and enjoyment of residents and visitors. As a contract city, Spokane Valley contracted for its Parks System Maintenance needs through a single contractor from 2005 through 2023. Three successive contracts for City-wide parks maintenance Services were competitively bid through RFP processes in 2004, 2009, and 2016, the last of which expired December 31, 2023. In 2016, the City received one bid from Senske Services. At that time, Council identified serious concerns about the structure of the contract resulting in a lack of competition and only receiving one bid. The contract with Senske Services from 2016 through 2023 included all necessary services, including traditional landscape work, janitorial services, event set-up, and general maintenance services. It also had no provision for price escalation and so there were no price increases during the contract term other than for added park areas or services. As a result of the contractor providing services through the term of the contract without any price increases and the all-inclusive structure of the contract, the City experienced increasing service challenges and burden on contract management in the final years of the contract. Throughout 2023 staff held three successive discussions with Council regarding park maintenance services and how best to structure future Parks Maintenance RFP(s) to be competitively bid for new contracts beginning in 2024. The dates of these meetings are listed above under the Previous Council Action Taken section of this report. In August of 2023 the City Council provided consensus to utilize a "multiple contractor" approach for Park Maintenance services beginning in 2024. This included breaking services into multiple contracts, including (1) contracts for traditional landscape maintenance services, (2) janitorial and event set-up services, and (3) maintenance work. Based on this direction from Council, the first step in this process was an RFP for Landscape Maintenance Services that resulted in three separate contracts being awarded in December 2023 for the City's Signature Parks, Designated Parks, and Linear Parks and Roadways to Senske Services and to Clearwater Summit Group. The new model also separates out needed park services such as janitorial and event services to enable more competition and opportunity. On March 19, 2024, an RFP was issued for Janitorial and Event Services across all the City's Parks and Trail facilities during the Parks Season, which is generally mid -April to mid -October each year. The RFP was advertised in the Valley Herald, The Exchange, and the Spokesman Review, as well as on the City Website. The RFP was also sent directly to all registered vendors on the MRSC roster. A Pre -submittal meeting was held at City Hall on March 27, which was attended by two interested companies. Two proposals were received by the submittal deadline of April 9, 2024. A selection committee comprised of City staff reviewed the proposals on April 9 and held informal interviews with both firms on April 10, 2024. The two firms who submitted proposals were Senske Services and ABM Industry Groups, LLC, with local offices in Spokane Valley and Spokane respectively. Senske Services had the higher scored submittal and the lower of the two base bids, at $275,002.71. Notably, ABM's base bid was very close to that amount at $275,700.00. Given the close bid amounts, staff believe this reflects the true cost of the required work. The services to be provided under the base bid amount include daily cleaning and re -stocking of 34 park restrooms and 20 picnic shelters seven days per week, as well as posting, preparing, and cleaning up after approximately 450 park reservations and special events. In addition to the base bid, the contract provides for unforeseen increases in the number of park reservations during the season, or for providing extra event support services for larger community events such as Valleyfest, Crave!, or others and for unanticipated maintenance needs. The City is budgeting an additional $50,000 for these unanticipated increases or needs and event support, but such amount will not be paid unless work actually is required and occurs. The Contract Documents provide for a high level of service and accountability, with performance metrics and reporting requirements to ensure value to the City for the services provided. OPTIONS: Move to award the Contract for Janitorial and Event Services, Parks and Trails, to Senske Services, and authorize the City Manager to negotiate, finalize and execute said contract; or take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to award the Contract for Janitorial and Event Services, Parks and Trails, to Senske Services, in an amount not to exceed $325,002.71 in the first year, and authorize the City Manager to negotiate, finalize and execute said contract in substantially the form as attached. BUDGET/FINANCIAL IMPACTS: The Adopted 2024 Parks Maintenance Budget is $1,618,105 (including one new parks maintenance position and a Parks Maintenance Coordinator position in the Parks Administration Division). The previously awarded landscape maintenance contracts and other estimated expenses anticipated a 2024 Budget Amendment of at least $668,752 for total anticipated 2024 costs of $2,286,857. With the award of the Janitorial and Event Services Contract, anticipated 2024 costs will be $2,419,165. This will necessitate an additional $132,308 in the pending 2024 Budget Amendment. Finance has indicated that the General Fund can currently support this increase based on estimated 2024 and 2025 budgeted revenues and expenditures. STAFF CONTACT: John Bottelli, Parks & Recreation Director ATTACHMENTS: 1. PowerPoint Presentation 2. Contract for Janitorial and Event Services (n 0 ro a--) U co L � a--) (n O (1) U •u U Cn C: 4-J ro C W ^� ( W / a--) W M [o ro 0 L •� ro J J Q O .0 v L, (J) _0 (J) o �3 � � c o � � o0 a� Yam o C) L O CD rj O CO Z c rn N O rn N � rl u) .fu F 4- 0 N fu fu Q i O M Ma E U a&I 1-1 Ln Ln i M D M J ,--I 1-1 Ln N_ a=+ 'U LL M .a) can w w Ln T a Q N N A "I w .. a Ln a %.D Ln Ln .E . 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U) W M un M = N O lfl Ul) AA -AA- AA- O AA- AA- AA- iR C W .? a--) U c� D +' .� u E � -c ate-+ � Y m 3 c fo � LLI c a� °O N N (n OZS N X a� U 0 L ) L — cn � (a ra � i p 0 •c a ~ *= w CQ O c cn Q- =C w L O i a z i 4-1 L L O N F- 0 O V 4-% ' (, �n �n o N � o r � 0 o CD% 00 % E H� iA- iM iA- rk r1 1 CD 73 J �� 4� LU oU U o a Q 0° U 0 �15 v w "' � �� z o z o ) �,, z g ro 0 �., O w CO w fraN ,C: c~n z o o z (� oU Q a Q3 (l) 0 � Q w N p a z 0 w L IL Q 0 0 Q a u z Q w z C0 w 0 O N w Q cn 0 z � •• O N N w O N o o UU Q 0 Z� M N O 11 -149 ca J G1 J n 0 O Ln qj,)- V rnlllllllp�� M O 0 G1 00Ln U W Y Vf n Q N N 0 (n � o Io � T 00 4 N (j E rl (n C m "a N m Q m Ln N U a? O y n V w a o m a� m 0 CL M N W N O u 0 0 0 0 0 00 k o 0 0 0 0 0 0 00 N F ro U co L � a--) C un O (1) U .0 U Cn C: 4-J roC: C a--) W i_0 co [o O L •� ro 7 0 m O L O 0 0 ro N L V 06 L ro �C) _o > Ln 0)o C N ro uno M Contract No 24-095 JANITORIAL AND EVENT SERVICES AGREEMENT Parks and Trails Senske Lawn and Tree Care, Inc. THIS AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code city of the State of Washington ("City") and Senske Lawn and Tree Care, Inc., ("Contractor") jointly referred to as the "Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision, tools, materials, supplies and equipment and other items necessary for the Scope of Services (hereinafter "Work") described in Exhibit A — Special Provisions. The Contract Documents include this Agreement, Exhibit A - Special Provisions, Exhibit B —Bid Schedule, Exhibit C - Insurance Certificates, and Exhibit D - Performance and Payment Bonds which are by this reference incorporated herein and made part hereof (the "Contract Documents"). The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the compensation set forth in the Contractor's bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for completing the Work and related activities provided for in the Contract Documents (except those items mentioned therein to be furnished by the City) to City's satisfaction. The City Manager, or designee, shall administer and be the primary contact for Contractor. Upon notice from City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this Agreement. Unless otherwise directed by the City, all work shall be performed in conformance with the Contract Documents, and all City, state and federal standards, codes, ordinances, regulations and laws as now existing or as may be adopted or amended. Contractor acknowledges review of the Contract Documents and accepts the same. 2. Term of Contract. This agreement shall be in full force and effect upon execution and shall remain in effect through December 31st, 2026, with three additional one-year renewal options which may be exercised by the City Manager or designee. Renewals, if any, shall coincide with the calendar year. The City may terminate the contract with a minimum of 120 days' written notice. The Contractor may terminate the contract by sending written notice prior to November 1 of each year to the City stating the Contractor's intent to terminate. Termination by the Contractor shall be effective no sooner than January 1 of the following year. In the event of such termination by either party, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the effective date of termination. 3. Liquidated Damaees. See section 4, Compensation, and section 5, Payment for details regarding incomplete or unsatisfactory Work. 4. Compensation. Contractor shall be compensated as follows: Parks Janitorial and Event Services Agreement 2024 Page 1 of 10 Contract No 24-095 (a) Lump sum compensation for base bid services. The City shall pay the Contractor up to $275,002.71 annually as full compensation for all Work as identified in the Contract Documents. Compensation may be adjusted pursuant to the Special Provisions for subsequent contract years or renewals. (b) Unit pricing for additional event services. In the event that the City requests the Contractor to assist with additional reservations or special events beyond the maximum combined total number outlined in the Special Provisions and bid schedule for each month then the City shall pay the following rate for each additional reservation or special event: $50.00. (c) Unit pricing for additional restroom cleanings. In the event that the City requests that the Contractor assist with additional restroom cleanings beyond the maximum required of two per restroom per day pursuant to Section 3.1 in the Special Provisions or additional cleanings beyond what is required for park reservations or special events pursuant to Section 4.1 in the Special Provisions, then the City shall pay the following rate for each additional cleaning: $65.00. (d) Large Community Event Services. Upon request, the Contractor shall provide an estimate of the costs for event services for specific community events as noted in Section 4.2 of the Special Provisions. If the Contractor is directed by the City to complete the work, the City shall pay the Contractor based on an approved estimate that is inclusive of furnishing all tools, labor, equipment, and materials required. Any amount above the estimate shall be borne by the Contractor unless agreed to in writing by the City. (e) The costs of 4(b), 4(c), and 4(d) above shall not exceed $25,000 in the aggregate, inclusive of any applicable sales tax, unless agreed to in writing by the parties with a formal amendment. (f) Force account maintenance work. Upon the request of the City for the Contractor to complete specific work outside the scope of the lump sum contract, the City shall pay the Contractor on a time and materials basis for all work completed and materials used based on an estimate provided by the Contractor and approved by the City. Force account maintenance shall not exceed $25,000 inclusive of sales tax per year. 5. Payment. Contractor shall be paid in seven monthly installments each equal to 1/7 of the amount of compensation owed pursuant to section 4(a) above, less amounts identified in section 5(a) and 5(b) below. The Contractor shall also be paid for additional event services, restroom cleanings, large community event services, and any force account maintenance work as contemplated by the Special Provisions, and sections 4(b) — 4(f) above. The Contractor shall submit invoices to the City which document the work performed for the previous month. The City shall pay the Contractor within 30 days of receipt of a properly submitted invoice that has been approved by the City, except as described in section 5(a) and 5(b) below. Upon request, the Contractor shall provide further documentation to support the invoice. (a) Pursuant to RCW 60.28 et seq., 5% of the compensation due Contractor shall be retained by City and administered in accordance with applicable Washington law. (b) 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 Contract Administrator to be incomplete or noncompliant with the Contract Documents, Special Provisions, City standards, City code, or federal or state standards. The amount withheld shall be determined in the reasonable Parks Janitorial and Event Services Agreement 2024 Page 2 of 10 Contract No 24-095 judgment of the Contract Administrator, based on the estimated value of the incomplete or noncompliant work, which was not timely remedied pursuant to section 2.4 of the Special Provisions. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Marci Patterson, City Clerk Phone: (509) 921-1000 Address: 10210 East Sprague Ave Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: Andrew Spears Phone: (509) 308-1238 Address: 7115 E Cataldo Spokane Valley, WA 99212 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, codes and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 9. Prevailing Wages on Public Works. Contractor, any subcontractor, or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries ("L&I" ). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. The contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to Parks Janitorial and Event Services Agreement 2024 Page 3 of 10 Contract No 24-095 comply with chapter 39.12 RCW. 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: hM2s://lni.wa.gov/licensing-permits/public-works-prof ects/prevailing-wage-rates/ B. This Project is located in Spokane County. C. Except as provided herein, 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. A copy of the applicable prevailing wage rates is also available for viewing at the offices of City located at 10210 East Sprague, Spokane Valley, WA 99206. Upon request, the City will mail a hard copy of the applicable prevailing wages for this project. Pursuant to WAC 296-127-023, Contractor shall pay the applicable prevailing wages in effect on January 1 of each subsequent contract year. 10. Relationship of the Parties. It is understood, agreed, and declared that Contractor 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 and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. As such, the Contractor shall be solely responsible for the safety of all Contractor employees and shall comply with all appropriate state safety and health standards, codes, rules, and regulations, including, but not limited to, those promulgated under the Washington Industry Safety and Health Act, chapter 49.17 RCW, and Title 296 WAC. 11. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Contractor under this Agreement are and shall be the property of City and may be subject to disclosure pursuant to chapter 42.56 RCW, or other applicable public record laws. 12. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. Parks Janitorial and Event Services Agreement 2024 Page 4 of 10 Contract No 24-095 14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed, registered and bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond each in the full amount of the contract on the City's bond forms, which shall be executed and attached to this Agreement as part of the Contract Documents. 16. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. 2. 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 liability, independent contractors, products -completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products -completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. Parks Janitorial and Event Services Agreement 2024 Page 5 of 10 Contract No 24-095 2. Contractor shall fax or send electronically in .pdf format a copy of the insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor 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 Contractor, irrespective of whether such limits maintained by Contractor 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 Contractor. D. No Limitation. The Contractor's maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement, which shall be included herein as a Contract Document. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The contractor shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. G. Maintaining Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor -provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 17. Criminal Background Checks. Contractor agrees that it shall not ask or direct any person to go to any City Park property in the performance of this Agreement, whether the person is an employee or volunteer, unless that person has passed a criminal background check by an agreed upon entity that performs criminal background checks as a part of its regular services. 18. Indemnification and Hold Harmless. Contractor shall at its sole expense, defend, indemnify, and hold harmless the City, and its officers, agents, Parks Janitorial and Event Services Agreement 2024 Page 6 of 10 Contract No 24-095 employees and volunteers 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 Contractor, Contractor's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, except for injuries and damages caused by the sole negligence of the City, and subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 19. Waiver. No officer, employee, agent, or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 20. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 21. Confidentiality. Contractor may, from time to time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 22. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or state law. The prevailing party in any legal action arising out of this Agreement shall be entitled to recover their reasonable attorney fees and costs incurred in said action. 23. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first -tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 24. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. This Agreement shall be interpreted, enforced, and governed by Washington law. Parks Janitorial and Event Services Agreement 2024 Page 7 of 10 Contract No 24-095 25. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. 26. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 27. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business. 28. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally -assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Contractor, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts. Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Contractor shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or Parks Janitorial and Event Services Agreement 2024 Page 8 of 10 Contract No 24-095 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; Parks Janitorial and Event Services Agreement 2024 Page 9 of 10 Contract No 24-095 The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). 29. Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 30. Attachments. Attachments and Exhibits incorporated into this Agreement are: Exhibit A — Special Provisions Exhibit B — Bid Schedule Exhibit C — Insurance Certificates Exhibit D — Payment and Performance Bonds The Parties have executed this Agreement this day of , 2024. CITY OF SPOKANE VALLEY: Contractor: John Hohman, City Manager ATTEST: Marci Patterson, City Clerk By: Its: Authorized Representative APPROVED AS TO FORM: Office of the City Attorney Parks Janitorial and Event Services Agreement 2024 Page 10 of 10 Exhibit A sP- ,;oo*V- okan�� alley SPECIAL PROVISIONS FOR JANITORIAL AND EVENT SERVICES PARKS AND TRAILS I GENERAL REQUIREMENTS AND CONTRACT PROVISIONS This Chapter includes contract management provisions and requirements for payment approval. 1.1 WORK SUMMARY The City of Spokane Valley is contracting purchased services for the regular cleaning and preparation of park restrooms, shelters, and other facilities operated by the Parks and Recreation Department in specified parks and paved trails including the Centennial Trail and Appleway Trail. General expectations of these services include: • Cleaning and sanitizing restrooms • Cleaning and sanitizing picnic shelters • Cleaning and sanitizing drinking fountains • Posting facility reservations at picnic shelters and park kiosks • Litter control • Moving picnic tables • Emptying garbage cans • Restocking restroom supplies • Replacing interior and exterior light bulbs • Sweeping patios, hardscapes, and walkways • Preparing for Special Events • Responding to calls for extra cleaning • Pressure washing • Cleaning picnic benches and trash receptacles • Monitoring grounds and facilities to provide recommendations for maintenance Additionally, this contract includes the supplying of all labor, materials and supplies necessary to fulfill the terms of the contract. The work description above is not all inclusive but is representative of a comprehensive janitorial and event services contract. This contract does not include landscape maintenance services. 1.2 OBJECTIVE The objective of this janitorial and event services contract is to provide consistently well - maintained facilities that are clean, healthy, and safe. The City is seeking a high -quality contractor that is responsive, reliable, and provides superior service. 1.3 GENERAL INFORMATION These Special Provisions focus on the daily cleaning of restrooms and picnic shelters throughout the City Park System which includes approximately 7 miles of the Centennial Trail, the 6.5-mile City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: Appleway Trail and nine Neighborhood, Community and Regional Parks. There is currently one (1) restroom (vault toilet) on the City -managed portion of the Centennial Trail at Barker Rd. There are three (3) restroom buildings on the City's Appleway Trail, each with two individual restrooms. And there are 11 restroom buildings with 32 separate restrooms and 20 picnic shelters of various sizes distributed throughout the rest of the City parks. Also included in this contract are several unique amenities such as a concrete stage, covered pavilion, waterfall viewing platforms, and various outdoor event spaces where community events and private rentals may occur. The parks host numerous park reservations and special events each year such as weddings, fun runs, company picnics, and car shows. The contractor will be responsible for assisting in these events by posting reservation notices and cleaning and preparing park facilities before and after events. Duties may include special preparations, alteration of routine schedules, moving picnic tables, unlocking gates and bollards, checking electrical outlets, coordinating with landscaping contractors to turn off irrigation, and other assistance as needed. Special events are generally pre - scheduled but may require action on short notice. The park properties included in the scope of services for this contract are: • Balfour Park located at 105 N. Balfour Road (1 restroom building) • Browns Park located at 3101 S. Pines Road (2 restroom bldgs., 3 shelters) • Edgecliff Park located at 800 S. Park Road (1 restroom bldg., 1 shelter) • Greenacres Park located at 1311 N. Long Road (1 restroom bldg., 2 shelters) • Sullivan Park located at 1901 N Sullivan Road (1 restroom bldg., 3 shelters) • Terrace View Park located at 13525 E. 24' Ave. (1 restroom bldg., 1 shelter) • Valley Mission Park located at 11123 E. Mission Avenue (1 restroom bldg., 1 shelter) • Mirabeau Point Park located at 13500 E. Mirabeau Parkway, including: o Mirabeau Meadows (1 restroom bldg., 1 shelter, 1 stage) o Mirabeau Springs Waterfall and Pond (1 gazebo, dock, decking) • CenterPlace Regional Event Center located at 2426 N. Discovery Place, including: o West Lawn Plaza at CenterPlace, (1 restroom building, hardscape plaza, pavilion) o Discovery Playground (2 restroom bldgs., 2 picnic shelters, shade canopy) • Appleway Trail o Trailhead located at 201 S. University Road (1 restroom bldg.) o Trailhead located at 3 S. Tschirley Road (1 restroom bldg.) o Trailhead located at 14310 E. 2nd Ave (1 restroom bldg.) • Centennial Trail o Trailhead located at 2210 N Barker Road (vault toilet) 1.4 CONTRACT TYPE This Contract is a lump sum fixed fee, purchased service -type Contract. Prevailing wages are required to be paid to the Contractor's employees per chapter 39.12 RCW. Pursuant to RCW 60.28 et seq., 5% of the compensation due to the contractor shall be retained by the City and administered in accordance with applicable Washington law. The City will City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: release the retainage annually when the affidavit of wages paid has been approved by the WA State Department of Labor and Industries. Contractor to Provide Performance and Payment Bonds. The contractor shall provide a payment bond and a performance bond in the full amount of the contract on the City's bond forms. 1.5 MINIMUM REQUIREMENTS 1. Firms must have experience in the provision of janitorial and/or event services similar in nature and scope to those described in these Special Provisions. An emphasis on public park system maintenance is preferred due to the critical nature of frequent interaction with our citizenry. 2. Firms must have sufficient equipment and vehicles to perform the services outlined herein. 3. Firms must have employees to fulfill the necessary roles and who meet the necessary qualifications to carry out the work described in these Special Provisions. 4. Knowledge of and compliance with federal, state, and local laws and regulations including but not limited to relevant licenses and requirements necessary to complete the work. 5. Firms must have adequate locked, secured storage including inside storage for the equipment and supplies necessary to complete the work herein. 6. Response time is critical to this contract. Successful firm shall be located within the City of Spokane Valley or be able to demonstrate the ability to consistently respond when called within 30 minutes. 7. Successful firms shall be required to obtain a City of Spokane Valley business registration. 1.6 CONTRACT ADMINISTRATOR The City Manager's designated Administrator for this contract is the Parks & Recreation Director or his/her assigns. The day-to-day field inspection and oversight of the contract will be administered by City Parks & Recreation Department personnel following these Special Provisions. 1.7 ONE GENERAL CONTRACTOR 1.7.1 Subcontractors The Contractor shall neither subcontract nor assign any obligation or interest in this agreement without the prior written approval of the City. All subcontracted work will remain the sole responsibility of the general Contractor and the general Contractor will remain the sole contact with the City. 1.7.2 Contractor's Supervisor The Contractor shall designate a competent supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. 1.8 CONTRACT DOCUMENTS City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: The complete Contract includes these parts: The Janitorial and Event Services Agreement, these Special Provisions, the Contractor's Base Bid Schedule, Insurance Certificates, and the Performance and Payment Bonds. These parts complement each other in describing the complete work. Any requirement binds as if stated in all parts. The contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 1.9 CONTRACT TERM The contract shall commence on the date the contract is executed and continue through December 31, 2026. Thereafter the contract may be renewed annually, with up to three additional one-year terms. Renewals shall coincide with the calendar year. The City may terminate the contract with a minimum of 120 days' written notice. The Contractor may terminate the contract by sending written notice prior to November 1 of each year to the City stating the Contractor's intent to terminate. Such termination by the Contractor shall be effective no sooner than January 1 of the following year. 1.10 COMPENSATION The lump sum fixed price items include all supplies, labor, material, components, equipment, insurance and bond costs, and appurtenances necessary to complete the services which shall conform to the best practice known to the trade in design, quality, material, and workmanship and be subject to these Special Provisions in full. These Special Provisions shall be construed as minimum performance. Prices shall remain firm for the duration of the contract except as noted in section 1.19 of these Special Provisions. 1.11 CONTRACTOR REQUIRED QUALIFICATIONS The Contractor reaffirms meeting all required qualifications and will remain qualified throughout the duration of the Contract and subsequent contract renewals. The Contractor represents and warrants to the City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the Contractor to practice its profession. The Contractor shall maintain a City of Spokane Valley business license. If the Contractor's status changes at any time, the Contractor shall immediately inform the Administrator of the change in qualification status. The Contractor shall also supply in writing to the Administrator the Contractor's written plan and timeframe for reinstatement of acceptable status. 1.12 EXAMINATION OF WORK SITES The Contractor acknowledges visiting the work areas and becoming fully acquainted with site conditions to understand the facilities, difficulties, and restrictions attending the execution of the work under the contract prior to executing this contract. The failure or omission of the Contractor to receive or examine any form, instrument, or other documents, or to visit the City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: sites and get acquainted with conditions existing therein and verifying project area dimensions, shall in no way relieve the Contractor from obligation with respect to his/her original proposed bid or to this contract. 1.13 CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & SUPPORT FACILITIES Unless stated otherwise and agreed in writing, the Contractor is expected to provide all materials, supplies and support facilities required to execute Contract obligations. This will include, but not be limited to equipment, cleaning supplies, paper products, trash bags, garbage cans, disposal containers, support facilities, vehicle oil and fuel, etc. 1.13.1 Support Facilities The City will not provide equipment storage, shop facilities, workspace, or office space as part of this contract. The Contractor will be responsible for providing all support facilities at their own location(s). The Contractor shall furnish at its own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. 1.13.2 Equipment Identification All vehicles used by the Contractor must be clearly identified with the name of the company. 1.14 VERIFICATION OF COMPLIANCE Non-compliance with any applicable law, rule, permit requirement, or regulation related to this work shall be reported to the City immediately. The City may require that the Contractor provide a report of the infraction(s) and steps that will be taken by the Contractor to regain compliance. Any continued non-compliance is grounds for the City to penalize the Contractor, up to and including withholding of payment, or early dismissal from the Contract. Failure to meet the terms of these Special Provisions is more specifically covered by Sections 1.18.1 and 2.4 herein, and section 5(b) of the Janitorial and Event Services Agreement. 1.15 DEBRIS DISPOSAL All collected material, debris, and litter becomes the property of the Contractor and shall be disposed of in a manner consistent with federal, state, and local laws. The Contractor shall pay all costs associated with disposal of the collected material, including collection, storage, transportation, and tipping fees. 1.16 CHANGES, CORRECTIONS, AND CLARIFICATIONS City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: 1.16.1 Changes The City reserves the right to make, at any time during the contract term, such changes in quantities and such alterations in these Special Provisions as are necessary to satisfactorily complete the work. Such changes in quantities and alterations shall not invalidate the Contract nor release the Performance and Payment Bond, and the Contractor agrees to perform the work as altered. Among others, these changes and alterations may include: • Deleting any part of the janitorial or event services work • Increasing or decreasing quantities • Altering these Special Provisions • Altering the way the janitorial or event services work is performed • Adding new janitorial or event services work • Altering facilities, equipment, materials, services, or sites, provided by the Contracting Agency • Ordering the Contractor to speed up or delay the janitorial or event services work Any change that affects the overall Contract effort and amount of work to be performed or that costs or saves Contractor and/or City resources shall be documented through a contract amendment and shall indicate any associated impacts on price, schedule, or performance. The City will execute a written contract amendment, negotiated with the Contractor, prior to the implementation of any change unless ordered by the City through emergency action(s). Any change not executed through written documentation and acceptance will not be valid unless the change is determined to be a Correction and/or Clarifications. 1.16.2 Corrections & Clarifications To continuously improve City operations and return value to citizens and rate payers, Corrections and/or Clarifications to these Special Provisions may be required from time to time. Where a change is of no value in time or cost to either the Contractor or the City, it will be determined to be a Correction and/or Clarification and shall be updated within and become part of these Contract documents through addendum. The City reserves the right to update and revise the Special Provisions reflecting any changes by addendum with the optional contract annual renewal. 1.17 PREVAILING WAGES The Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers, workers, or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor & Industries (LNI) for Spokane County. Find the most recent prevailing wage rates at LNI's website at: https://Ini.wa. gov/licensing-permits/public-works-projects/prevailing-wage-rates/ The contractor shall use rates effective April 8, 2024. Pursuant to WAC 296-127-023, prevailing wage rates for janitorial services shall be adjusted annually to include the current rate of City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: prevailing wages. If this adjustment in prevailing wages is not covered by the annual renewal adjustment as described in Section 1.19, the City shall bear the cost of any necessary increase, which shall be reflected in the annual renewal. No payment will be made until the Contractor has submitted a "Statement of Intent to Pay Prevailing Wages." No final payment or release of any bond will be made on a Contract Term until the Contractor has submitted an "Affidavit of Wages Paid". These documents must be certified by the industrial statistician of the Washington State Department of Labor and Industries and the "owners" copy shall be in the possession of the City. 1.18 PAYMENT AUTHORIZATION 1.18.1 City Inspection The City will periodically inspect the work and condition of facilities under the care of the Contractor. If the Contractor's work or conditions at the City's facilities are shown to not meet these Special Provisions, the Contractor will be notified of the deficiency and allowed to respond to meet the standard pursuant to Section 2.4 of these Special Provisions. If the deficiency is not made whole within the time specified, the Administrator reserves the right to withhold payment pursuant to section 5(b) of the Janitorial and Event Services Agreement. 1.18.2 Contractor Reports The Contractor shall complete and transmit to the City the referenced reporting documents included in these Special Provisions, including the following at the identified frequency: • Annual work plans — annually by April 15 • Periodic reports — with each invoice • Annual report — annually by November 15 1.18.3 Pay Estimate Submittal, Review, & Approval Payments shall be made after review, approval, and authorization by the City. Payment authorization shall be conditioned upon the submittal of an invoice including a breakdown of work and services that have been provided as specified in Section 2.5.2 — Periodic Reporting. Invoices for lump sum services (regular custodial work and typical park reservations/special events) may be submitted monthly for 7 equal amounts from April through October, and may include additional charges, as applicable, for reservations and special events in excess of the monthly lump sum amounts. Invoices for approved Force Account maintenance or repair work may be submitted on an as -needed basis upon completion and approval of work performed. Generally, park reservations and special events occur between April 15 and October 15. The city may request, and the contractor may agree to perform additional maintenance or repair work or provide services for special events outside these dates on a case -by -case basis. 1.19 ANNUAL FEE ADJUSTMENT City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: The Contractor and/or the City may request an adjustment of the lump sum fixed fee annually no later than November 1st for the following calendar year. Such prices shall be negotiated by the City and Contractor and shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is less. The reference point will be the CPI-U for September. The source of this percent change shall be the U.S. Department of Labor, Bureau of Labor Statistics. Notwithstanding the foregoing, pursuant to Section 1.17 herein, the Contractor must update and pay prevailing wages to the most recently published and effective Washington State Department of Labor & Industries rates for the next annual term. 2 GENERAL SPECIFICATIONS This Chapter discusses general items on Contractor and City conduct in executing the work. 2.1 WORK PLAN 2.1.1 Annual Work Plan The Contractor shall submit an annual work plan to the City in accordance with Section 1.18.2 — Contractor Reports. The plan communicates who, when, and how the Contractor will complete all planned work during the course of the year. Adjustments to the plan during the year may be necessary and the Contractor is to work with City staff on any necessary revisions. The Annual Work Plan should indicate such things as: • Contact Information: contractor owner, supervisor(s), and crew lead(s), including cell phone numbers and, if applicable, email addresses. • Planned invoicing amounts, periods, contact information, and a sample invoice with associated periodic report. • Specific schedules for typical, daily routine work (for example only): o "Clean <Park Name> restrooms and shelter at 6 a.m. on Mondays," etc. o "Post reservation notices by noon on Wednesdays," etc. o "Inspect <facilities by location/times per week>," etc. • General schedules for other work, for example: o Staff availability for scheduled park reservations and call -outs • What types of equipment will be used, where, and when • Any product or material information the contractor intends to use during the year (i.e. cleaners, sanitizers, custodial supplies, etc.) • Self -inspection plan and reporting • Employee uniform example City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: Weekly Work Plans If different from the Annual Work Plan, the Contractor shall submit an email to City designated staff and identify weekly work plans indicating where the Contractor will be working and what activities will be performed. It may be sent up to one day in advance for the next work period. 2.2 CONTRACTOR'S EMPLOYEES 2.2.1 Licenses Contractor and staff who are supplying services under this agreement shall always possess and carry a valid driver's license issued by the State of Washington and have all applicable certifications and licenses required to perform the contracted work. 2.2.2 Uniforms Contractor employees shall be dressed professionally for the custodial and event services industry. Uniform approval is required by the city. 2.3 PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utility facilities, adjacent property, trees, shrubbery, and motor vehicles. In the event of property damage, the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are injured or damaged by reason of the Contractor's operation, they shall be repaired at the Contractor's expense to a condition as good as when the Contractor entered upon the work. Repairs to property damaged by the Contractor d a m a g e d b y th e c on tr a c t o r shall be made within 48 hours unless there is a different time agreed to by the parties. Any damage to utility lines shall be repaired immediately and in accordance with the appropriate building code under permits issued by the City in coordination with the utility provider affected. All costs shall be borne by the Contractor. 2.4 COMPLAINTS AND DEFICIENCIES All complaints and deficiencies, with regards to this Contract shall be addressed and abated as soon as possible after notification, to the satisfaction of the City. The City will notify the Contractor by telephone, email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 2.4.1 Deficiencies All work deficiencies of Contractor shall be corrected within 24 hours of notification from the City unless noted otherwise in these Special Provisions, or otherwise agreed to in writing to extend the time. City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: Written notification may be e-mailed, hand delivered or post mailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor shall notify the designated City staff and request inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the designated City staff has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. 2.4.2 Failure to Perform If the Contractor does not remedy the deficiency within the time allotted per 2.4.1, the City may withhold payment pursuant to section 5(b) of the Janitorial and Event Services Agreement. 2.5 INSPECTIONS & REPORTING 2.5.1 City Inspections The City will periodically inspect the condition of each area depicted in these Special Provisions. The conditions shall be measured based on these Special Provisions and City staff judgment. 2.5.2 Periodic Reporting The Contractor shall provide self -inspections and/or records of work it performs in each area depicted in these Special Provisions to provide as backup for each period invoiced. 2.5.3 Annual report The Contractor shall submit an annual report by November 15 each year that includes, at a minimum: A review of the Annual Work Plan's scheduled tasks compared to the actual deliverables, including a comparison of whether or not tasks were consistently or reliably completed. A description of new or existing custodial or facility deficiencies and recommended remedies. • Any recommendations for changes to Special Provisions that improve efficiency to the objective of this contract. 2.6 LOST AND FOUND All lost and found items shall be noted and locked in an agreed upon location. A record of lost and found items when encountered shall be submitted to the Administrator. The City shall be responsible for receiving calls and returning items to the public. Items not claimed shall be disposed of in a fair and appropriate manner at the City's discretion; the contractor shall never dispose of any items without specific direction from the City to do such. In no case will the items be returned to the finder unless warranted by law. City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: 2.7 PARK SCHEDULE The parks are open for use by the public January 1 — December 31 (year-round). Park services (restrooms, park reservations, special events, etc.) are generally provided during the Park Season, April 15 — October 15. These may vary depending on weather/use. During the park season, park restrooms and picnic shelters require daily custodial service, seven days per week, with multiple stops at the same location often required. Custodial operations that coincide with the public's use of the park facilities are generally required to be performed throughout the day, Monday -Sunday between the hours of 6:OOAM and 5:OOPM. The Contractor shall work in and around public use and always be courteous and respectful to park visitors. Weekend use by the public is extensive and extra weekend cleanings and event services may be required. Park Hours: park facilities are open and available for public use from 6:OOAM — 9:OOPM, April 15t' through October 15'h (and from 6:OOAM to 7:OOPM, October 16t' through April 10). 2.8 SERVICE LEVELS SUBJECT TO CHANGE These statements represent the City's attempt to provide an overview of anticipated services. It should be understood by the bidders that the City park system is not static. The contractor's ability and willingness to work in a dynamic system in a unique public/private partnership is critical to the success of this contract. Changes in quantities or service levels may, at the discretion of the City, be addressed in contract amendments or through annual price adjustments as contemplated in Section 1.19. 3 WORK SPECIFICATIONS - STANDARD FACILITY CLEANING This Chapter describes routine janitorial work to be performed in park restrooms and shelter areas including standards, schedule, quantity, and location. 3.1 CLEANING AND SANITATION OF RESTROOMS 3.1.1 General Requirements All park restrooms shall be cleaned completely a minimum of once per day seven days each week and re -inspected, restocked and/or cleaned as required a minimum of one additional time each day. Restrooms shall also receive inspection and spot cleaning whenever contractor personnel are on site for related or unrelated work. Additional cleanings may be required based on usage, park reservations, or special events and the contractor will be responsible for maintaining standards. Representative standards include but are not limited to: • Empty trash and sanitary napkin holders, replace liners as needed. • Replace all paper products to ensure sufficient supply until the following day. City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: • All light fixtures shall be working properly and inspected daily; lamps replaced as needed; damaged fixtures reported to Director or designee. • Toilet bowls and urinals shall be cleaned and disinfected daily. Hard water stains, rust, or other discoloration or soiling shall be removed. Sinks shall be scrubbed clean and disinfected daily. • Disinfect fixtures, sinks, around floor drains, trash containers, walls, and doors, including all handles. • Drinking Fountains shall be cleaned and sanitized on a daily basis. • All porcelain and metal surfaces shall be wiped clean and disinfected. Walls and ceiling wiped clean where required, including cobwebs, dust, etc. from ledges, cracks, crevices, corners, etc. • Sweep, mop or hose down floors and entrance ways. Squeegee as needed to prevent puddling. Pressure washing shall be required when needed. • Restrooms shall smell clean and disinfected. All fixtures shall be working properly and reported immediately upon discovery of problems unless otherwise arranged with Parks and Recreation Director. • Restrooms shall always be deodorized through automatic spray, solid deodorizer or other method proposed by contractor and acceptable to Director. • All storage facilities (pipe alleys) approved for use by the contractor shall be kept neat, clean, orderly, and free of offensive odors. • All leaking fixtures, clogged drains, or other inoperable plumbing fixtures shall be reported immediately to the Director or designee and the Director or designee shall be notified of remedies or temporary closures. 3.1.2 Schedule The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The expected restroom services season is from April 15 — October 15 of each year. The estimated number of weekly cleanings is approximately 7-14 cleanings per restroom facility. Initial daily cleaning of restrooms shall be completed by 9:00 a.m. Every restroom shall be visited and inspected at least one additional time daily after 2:00 p.m. and re -stocked and/or cleaned again if conditions warrant. 3.1.3 Storage/Receiving The contractor shall provide storage on their own premises. Traditional storage items are materials and supplies necessary to carry out the responsibilities outlined herein. Use of pipe alleys or other city premises for storage of supplies or equipment shall be prohibited except as approved in writing by Director or designee. City of Spokane Valley Janitorial and Event Services, Parks and Trails Exhibit A — Special Provisions Contract No.: 3.1.4 Measurement & Location The approximate combined area of park and trail restroom facilities is 6,000 square feet. See maps and tables in Appendix A for more details. 3.1.5 Payment Payment shall be the lump sum Contract price for "Cleaning and Sanitation of Restrooms" inclusive of furnishing all tools, labor, equipment, and materials required. 3.2 CLEANING OF PICNIC SHELTERS AND PARK PLAZAS 3.2.1 General Requirements Picnic shelters including picnic tables, counters, sinks, drinking fountains or other fixtures shall be cleaned and disinfected daily. Hard surfaces including shelter floors and entrances, plazas, pavilions, stages, and associated pathways, shall be swept, vacuumed or blown off as needed to maintain a clean appearance. Pressure washing shall be required when needed. Litter shall be collected, and garbage cans emptied from picnic shelters and event plazas. Trash containers, as noted in Appendix A, are available for use by the Contractor and are considered adequate. Additional containers may be provided by Contractor. Where decorative containers are desired by the City, the City shall purchase those containers. Representative standards include but are not limited to: • Wipe down and/or scrub clean and sanitize picnic shelter tables and benches daily. • Collect and remove litter and debris including cigarette buts, cardboard, paper, plastic, cans, bottles, food waste, containers, clothing, scrap metal, wood, etc. • Empty trash cans and replace liners as needed. • Shelter sinks and counters shall be scrubbed clean and disinfected daily. • Drinking Fountains shall be cleaned and sanitized daily. • Shelter support posts and ceilings shall be wiped clean where required, including cobwebs, dust, etc. from ledges, cracks, crevices, corners, etc. • Concrete surfaces shall be swept, mopped or hosed down as needed. Squeegee as needed to prevent puddling. Pressure washing shall be required when needed. • Electrical outlets shall be inspected and working properly; damaged fixtures shall be immediately reported to the Director or designee. City of Spokane Valley Janitorial and Event Services, Parks and Trails Exhibit A — Special Provisions Contract No.: 3.2.1 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 3.2.2 Measurement The approximate combined area of picnic shelters is 14,000 square feet. See maps and tables in Appendix A for more details. 3.2.3 Payment Payment shall be lump sum Contract price for "Cleaning of Picnic Shelters and Park Plazas" and is inclusive of furnishing all tools, labor, equipment, and materials required. 4 WORK SPECIFICATIONS - FACILITY RESERVATIONS AND SPECIAL EVENTS, LARGE COMMUNITY EVENTS, AND ADDITIONAL RESTROOM CLEANINGS This Chapter describes the work to be performed for preparing park shelters and facilities for park reservations and special events, large community events, and extra restroom cleanings including standards, schedule, quantity, and location. 4.1 PARK FACILITY RESERVATIONS & SPECIAL EVENTS 4.1.1 General Requirements The contractor shall be responsible for printing and posting park reservations and special events at picnic shelters and/or park kiosks. Restrooms are to be cleaned daily but also tidied and restocked and/or re -cleaned, if necessary, prior to and after each park reservation or special event. Picnic shelters are to be cleaned daily but also prior to and after each reserved use. Tables shall be wiped or sprayed clean as needed to remove all foreign material. Floors shall be swept and/or hosed off, and garbage cans shall be emptied prior to the start of each reservation if more than one third full. Care shall be taken to prevent water damage to structures and equipment. Depending upon the number of reservations, this work may need to be done multiple times per day. 4.1.2 Schedule and Notification Park facilities may be used free of charge on a first -come, first -served basis, as long as the space is available and not reserved already. Park Reservations generally must be scheduled City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: by the customer a minimum of 48 hours in advance of the requested date and Special Events for 200 or more people must be scheduled 2 weeks in advance. City staff will provide park reservation postings for the Contractor to print and hang in the parks by Wednesday each week for the following week and send any new reservations received for the then -current week to the Contractor as they occur. The reservation season for all park facilities is from April 15 to October 15 of each year, seven days per week. Large shelters may be reserved in 5-hour blocks at Browns Park, Edgecliff Park, Greenacres Park, Mirabeau Meadows, Sullivan Park, Terrace View Park and Valley Mission Park: • Large Shelters are available for two predefined, set times: from 9 am to 2 pm and 4 pm to 9 pm including customer setup and takedown. Small shelters at Discovery Playground, Browns Park and Mirabeau Springs may be reserved in 2-hour blocks: • Set times for small shelters are: 10 am to noon, 1 to 3 pm, 4 to 6 pm including customer setup and takedown. Reserved shelters must be cleaned and prepared by the Contractor a minimum of 30 minutes prior to the customer's reservation time. Contractor staff shall verify and document shelter and restroom conditions within 30 minutes of reservation start time and re -clean if necessary. Shelter reservations and special events sometimes require unlocking and relocking bollards, gates, and electrical boxes, and coordinating with landscaping contractors to adjust irrigation schedules. The following maximum combined total shelter reservations & special events per month shall be included in the lump sum contract value: Avg Lg. Shelters Avg. Sm. Shelters Max. Combined Total • April: 10 6 16 • May: 30 12 42 • June: 75 30 105 • July: 75 20 95 • August: 75 20 95 • September: 55 15 70 • October: 15 5 20 City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: 4.1.3 Measurement The approximate combined area of park picnic shelters is 14,000 square feet. Events may involve use of additional park spaces including stages, pavilions and plazas. See maps and tables in Appendix A for more details. 4.1.4 Payment Payment shall be lump sum Contract price for "Park Reservations and Special Events" and is inclusive of furnishing all tools, labor, equipment, and materials required. If the number of park reservations and special events in a given month exceeds the maximum amounts listed in section 4.1.2 above then the Contractor shall invoice the City for each event overage according to the unit price for "Additional Park Shelter Reservations" which shall be inclusive of furnishing all tools, labor, equipment, and materials required. 4.2 LARGE COMMUNITY EVENT PREPARATION AND CLEANUP 4.2.1 General Requirements In addition to regular park shelter reservations and special events, the City parks also host a number of large community events each year which may involve participation by thousands of people and last for more than one day. The contractor shall be responsible for assisting in these events. Assistance may include special preparations, alteration of routine schedules, coordinating with landscaping contractors for irrigation adjustments, and other services. The determination of whether a scheduled event is classified as a Large Community Event shall occur at the sole discretion of the City and shall not be unreasonably withheld. Representative standards include but are not limited to: • moving picnic tables and garbage cans • erecting barricades and event structures • placing special signage • providing extra trash removal 4.2.2 Schedule and Notification Examples of large community events that occur annually include "Valleyfest" which is a multi -day community celebration at Mirabeau Point Park involving food trucks, vendors; and multiple stages for live performances and competitions, and "CRAVE! Food and Beverage Festival" which draws thousands of participants to the West Lawn Plaza at CenterPlace for multiple days of dining and celebration. The City may host or accommodate additional large community events, each involving special permits and advance planning with parks staff and event organizers. The City shall notify the City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: Contractor when such events are scheduled and work with Contractor in advance of event dates to plan for needed services. 4.2.3 Measurement 4.2.4 Large Community Events may occur in any of the City's Park Spaces and Facilities. See maps and tables in Appendix A for more details. 4.2.5 Payment Payment shall be based on a Time and Materials approved estimate for "Large Community Event Services" and is inclusive of furnishing all tools, labor, equipment, and materials required. 4.3 ADDITIONAL CLEANING AND SANITATION OF RESTROOMS 4.3.1 General Requirements From time -to -time, activities of the public may render park restrooms which have previously been cleaned in accordance with the provisions of Section 3.1 above (up to two times daily) or Section 4.1 above (as required for park reservations or special events) unusable or in need of additional service. In these circumstances the City may request, and the Contractor shall provide additional cleaning and sanitation. 4.3.2 Schedule and Notification Additional cleaning and sanitation of restrooms as described in this section shall either be requested by the City Parks Director or designee or approved by the Director or designee upon request of the Contractor prior to work commencing. 4.3.3 Payment Payment shall be the lump sum Contract price for "Additional Restroom Cleanings" and is inclusive of furnishing all tools, labor, equipment, and materials required. City of Spokane Valley Janitorial and Event Services, Parks and Trails Exhibit A — Special Provisions Contract No.: 5 INSPECTION The Contactor shall perform visual site inspections when onsite for scheduled work. The Contractor shall notify the City if any, but not limited to, the following are discovered: • Graffiti • Damage to restroom facilities, picnic shelters, benches, tables, kiosks, signs, or other fixtures • Cracked concrete, crumbling edges of surfaces • Damage to curbs or pathways • Damaged or missing bollards or bollard locking mechanisms • Area lights not working • Potential homeless encampments Maintenance requirements identified by these inspections that are not covered under previous sections should be reported to the City and may be paid per Chapter 6 "Force Account Services." The determination of whether the work is unanticipated maintenance shall be made by the City. The City may also request and the Contractor may agree to perform other maintenance on a time and materials basis for services not otherwise contemplated in these Special Provisions. 6 FORCE ACCOUNT MAINTENANCE AND REPAIRS The City may approve additional unanticipated maintenance work up to $25,000 at its sole discretion. If requested by the City, the Contractor shall provide a proposal outlining time and materials costs for the maintenance work. No unanticipated maintenance work shall commence prior to written approval from the City. It is within the sole discretion of the City to determine whether the maintenance is within the Special Provisions, and thus covered by the lump sum costs. In making this determination, the City may request that the Contractor provide a proposal outlining time and materials costs for the work and an explanation as to why/how the work is outside the scope of these Special Provisions. 7 LOCATIONS AND ESTIMATED QUANTITIES The attached appendices contain approximate quantities and the locations of the work to be performed under this contract. • Appendix A: Estimated Quantities & Site Maps City of Spokane Valley Exhibit A — Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: « x \ I al \§§§@;§)§§\ . Ze Mm )( ` td, /\-----�---- --©©` zzz! -.!l� }] |!2 !!!72|]!!§2\§|| Pal Sauld S lik4` *—w Mirabeau Springs .,� $ ,. �� a _.. �` a - `��'� , 'r6`, +v - - - .. - "�-:{ i ,:� � :, -: "y�'W ;r '-., iu . I LLI Ln N Ln cn Exhibit B Base Bid Schedule for Janitorial and Event Services — Parks and Trails Bid Schedule A: Park Restrooms and Shelters Janitorial Services -- April 15 -- October 15 ITEM # ITEM DESCRIPTION UNITS QTY. PRICE/DAY TOTAL 1 Cleaning and Sanitation of Restroorns Daily 183 } �,$� W41 RR38' 2 Cleaning of Picnic Shelters and Park Plazas Daily 183 �q _ , I {1 - Schedule ATotal Bid Schedule 8: Park Shelter and Special Event Reservations— April 15 — October 15 ITEM #1EPark DESCRIPTION MONTH QTY. PRICE/fES TOTAL 3 helter and Special Event Preps -April April 16 S4. I8 4 helter and Special Event Preps - May May 42 y , t 5 helter and SpecialEvent Preps -June June 105 15q . it 6 Park Shelter and Special Event Preps - July July 95 S4 , t 5 (14 ,1 b 7 Park Shelter and Special Event Preps - August August 95 5t-/. t S S l eJ , In 8 Park Shelter and Special Event Preps - Sept Sept 70 S-I , 1 3q, (� 9 Park Shelter and Special Event Preps - Oct Oct 20 t O$3 . low Schedule B Total 24 Wl Sid Schedule C. Additional Services ITEM # ITEM DESCRIPTION UNITS QTY. PRICE/UNIT TOTAL 10 Additional Restroom [leanings (overage) LS 1 65.O1 11 Additional Park Shelter Reservations (overage) LS 1 $0. C) - 12 Large Community Event Services T/M -- EST RE� Total Additional Services (including sales tax) MAX 121,000 Bid Schedule D: Force Account ITEM # ITEM DESCRIPTION UNITS QTY, PRICE/U IT I TOTAL 13 Force Account Maintenance and Repairs T/M -- EST RE -- Total Force Account (including sales tax)MAX $25,000 Bid Schedule A: Bid Schedule B: Additional Svcs: Z 51.000.9-7 Z.t1 001 . -14 _ $25,000 $25,000 Force Account: *BID TOTAL: 32c;, oa2.11 *(Items 1-9 are the cost for the contract. Bid Schedules C & o are then agded to the total cost. Items 10-13 may or may not be utilized during the contract to im.) Person/Entity Name: A„a"+.� Spis Signature of Company: 5ensl� 5evo cS_. Date: City of of Spokane Valley Bid P' oposal I Janitorial and Event Services — Parks and Trails Contact No,: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Spokane Valley Police Department Report GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Police Chief Ellis will give an overview of the Police Department's current activity. 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BACKGROUND: On May 16, 2023, the Governor signed SB 5536 into law (commonly referred to as "the Blake fix"), making use of illegal drugs in public and knowing possession gross misdemeanor crimes under Washington state law. At the February 20, 2024, Council meeting, Council requested staff present Council with information regarding the City's ability to elevate drug possession in the City to a felony in the same or similar manner as Pierce County and the City of Tacoma. The City Attorney's Office researched both Pierce County's and Tacoma's current drug possession/use laws, as well as Washington's state law preemption doctrine. Neither Pierce County nor Tacoma have adopted any law designating drug possession/use crimes as felonies. Tacoma adopted its current drug possession code on June 13, 2023, after the Washington Legislature passed SB 5536 (commonly referred to as the `Blake fix"). Tacoma's code incorporates the RCW drug possession criminal code as amended by SB 5536. Consequently, possession and/or use of legend drugs under Tacoma's municipal code are gross misdemeanors with the same punishments as provided under the RCW. Attached herewith is a copy of Tacoma Municipal Code ("TMC") 8.190 et seq. Pierce County's drug possession code is similar. After the Washington Legislature reduced use and/or knowing possession of controlled substances to simple misdemeanors and required two warnings/referrals to treatment before charging persons with use and/or possession — but before passing SB 5536 — Pierce County Councilmember Many Campbell proposed an ordinance making drug possession and/or use a gross misdemeanor (Pierce County proposed ordinance 2023-15s). However, the proposed ordinance was rescinded after SB 5536 was passed making possession and/or use gross misdemeanors. Pierce County appears to enforce only the RCW drug use and possession statutes due to the fact that there are no provisions in Pierce County's criminal code (Title 9, Pierce County Code) governing possession or public use of controlled substances (other than certain exceptions for ephedrine and drug paraphernalia delivery — neither of which are designated as felony crimes). Under Washington's preemption doctrine, a municipal ordinance may be preempted by Washington state law when and to the extent it conflicts with Washington law. See Washington Constitution, Article XI, § 11. The purpose of the preemption doctrine is to assure the supremacy of the laws passed by the Legislature. Preemption can occur expressly or by implication when the statute occupies the entire field, leaving no room for concurrent legislative jurisdiction. In regard to preemption in the area of controlled substances, the RCW expressly states: The state of Washington fully occLipies and preempts the entire field of setting_ penalties for violations of the controlled substances act. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to controlled substances that are consistent with this chapter. Such local ordinances shall have the same penalties as provided for by state law. Local laws and ordinances that are inconsistent with the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of the city, town, county, or municipality. RCW 69.50.661 (emphasis added). By passing the above law, the Washington Legislature has made clear its intent to completely preempt and prevent the passage of local ordinances that prescribe penalties for drug use and/or possession that differ from those established by the Legislature. On a more fundamental level, the City does not have the power to designate what conduct does or does not constitute a felony crime. This is because the Washington Legislature only grants code cities the authority to create misdemeanor and gross misdemeanor crimes. Per RCW 35A.11.020, Council: [M]ay adopt and enforce ordinances of all kinds relating to and regulating its local or municipal affairs and appropriate to the good government of the city, and may impose penalties of fine not exceeding five thousand dollars or imprisonment for any term not exceeding one year, or both, for the violation of such ordinances, constituting a misdemeanor or gross misdemeanor as provided therein. However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. Consistent with RCW 35A.11.020, I am not aware of any municipality in Washington who has adopted ordinances designating conduct to constitute a felony crime. To my knowledge, the only city or county in Washington who has adopted enhanced penalties for drug use or possession is the City of Marysville. Like the RCW, the Marysville Municipal Code ("MMC") makes using a controlled substance in a public place a gross misdemeanor punishable up to 180 days jail and/or a fine up to $1,000 for the first offense, and up to 364 days jail time and/or a $1,000 for two or more prior convictions for the same crime. See MMC 6.27.020. However, Marysville's code goes further to impose a mandatory thirty (30) day jail sentence if the defendant has had two or more convictions of a "public disorder crime" within 5 years. "Public disorder crimes" include 3,d degree theft, vehicle prowling, criminal trespass, and use of a controlled substance in a public area. See MMC 6.03.130. Marysville's code is consistent with Washington law to the extent that it does not make the crimes felonies or increase the maximum jail time or fine. However, it does enact mandatory minimums for multiple offenses whereas the RCW simply provides a range of punishment without any mandatory minimum. Thus, the penalties for a third conviction of drug use/possession under the Marysville ordinance is 30 days to 364 days jail time, and the penalty under Washington law is 0 days to 364 days jail time. Under the plain language of RCW 69.50.611, the increase in the minimum jail time from 0 days to 30 days would likely be interpreted as not "the same penalties as provided for by state law." Therefore, if Council wants to explore the Marysville model further, I recommend first having the City Attorney's Office complete a comprehensive preemption analysis to fully assess the preemption risk. In speaking with Marysville's city attorney, Marysville has and operates its own police department, municipal court, and municipal prosecutor. In comparison, Spokane Valley contracts with Spokane County to provide law enforcement, prosecution, court, and jail services. If Council wants to consider adopting mandatory sentencing minimums for controlled substance use and/or possession, then I also recommend first consulting with the Spokane County Sheriffs Department, Spokane County Prosecutor's Office, and Spokane County District Court to determine if the necessary coordination between the different local governments is feasible. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Kelly E. Konkright, City Attorney ATTACHMENTS: RCW 69.50.611; Tacoma Municipal Code 8.190 et seq. Tacoma Municipal Code CHAPTER 8.190 DRUG CRIMES Sections; 8.190,010 Counterfeit Substance, 8.190.020 Controlled Substance. 8.190,030 Cannabis. 8.190.040 Legend Drug. 8.190.050 Drug Paraphernalia. 8.190.010 Counterfeit Substance. Section 69,50.4011 RCW, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein, including penalties. (Ord. 28887 Ex. A; passed Jun. 13, 2023) 8.190.020 Controlled Substance. Section 69.50.4013 RCW, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein, including penalties. (Ord. 28887 Ex. A; passed Jun. 13, 2023) 8.190.030 Cannabis. Section 69.50.4014 RCW, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein, including penalties. (Ord. 28887 Ex. A; passed Jun. 13, 2023) 8.190.040 Legend Drug. Section 69,41.030 RCW, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein, including penalties. (Ord. 28887 Ex. A; passed Jun, 13, 2023) 8.190.050 Drug Paraphernalia. Sections 69.50,4121 and 69,50.412 RCW, as now enacted or hereinafter amended, are hereby adopted by reference as if fully set forth herein, including penalties, (Ord. 28887 Ex. A; passed Jun. 13, 2023) City Clerk- s Ofjice 8-239 (Updated 112024) P©F I RCW 69.50.611 State preemption. The state of Washington fully occupies and preempts the entire field of setting penalties for violations of the controlled substances act. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to controlled substances that are consistent with this chapter. Such local ordinances shall have the same penalties as provided for by state law. Local laws and ordinances that are inconsistent with the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of the city, town, county, or municipality. [ 1989 c 271 § 601.] CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Cross Country Update GOVERNING LEGISLATION: Revised Code of Washington (RCW) 39.10 PREVIOUS COUNCIL ACTION TAKEN: On June 6, 2023, the Council heard a presentation and request from Spokane Sports to use $300,000 in TPA -generated revenue for sports recruitment and marketing. By consent, the Council directed staff to bring forward a motion to authorize the City Manager or designee to execute a contract with Spokane Sports for $300,000 to provide sports recruitment and marketing services for 2023. On June 20, 2023, Council approved a motion to approve City Manager or designee to execute a contract with Spokane Sports for $300,000 to provide sports recruitment and marketing services for 2023. On September 19, 2023, the Council authorized city staff to submit a 2024 Lodging Tax Grant Application, in partnership with Spokane Sports, for $4.4 million from the Lodging Tax Facilities Fund #104 to partially fund construction a cross country course. BACKGROUND: In 2022, the City began a process to update its Tourism Strategy. This process included a SWOT analysis, a visioning process, and the identification of new development opportunities. The Tourism Strategy update process was led by a Project Steering Committee that included representation from hotels, arts & culture, parks & recreation, restaurants, events, sports, city administration, and the business community. The Tourism Strategy update process has resulted in a clear vision for the future of tourism in Spokane Valley and new development opportunities that have the potential to generate tourism. The strategy includes several recommendations for branding the City from a tourism perspective, as well as recommendations on how to utilize the City's TPA and lodging taxes to further develop tourism. The Tourism Strategy identified a cross country complex as the most favorable tourism asset for development based on return on investment. The cross country course at Flora Park is intended to host events for Youth, Middle School, High School, Collegiate, Post -Collegiate and Masters Athletes. This course will not only host premier events, but also serve the greater community through programming, clinics, and practice opportunities. In collaboration with Spokane Sports, it was determined that there was an opportunity to host NCAA Cross Country Championships if the course could be completed by 2025. To move this project forward, city staff hired an engineering planning consultant to design a course route and additional facilities such as a clubhouse, multiple restrooms, drop off and parking spaces, and other helpful infrastructure at the site. It was also determined that alternative delivery would be the best option for developing the course and meeting the aggressive timeline. In January 2024, the City, with assistance from the City's Owner's Representative Turner & Townsend Heery, received approval from the Washington State Project Review Committee (PRC) to use the Progressive Design Build (PDB) process. PDB is a delivery process in which both the design and construction of a project are procured from a single design -build entity that is selected through a qualifications -based selection at the earliest feasible stage of the project, allowing the City to select the most qualified team for the work. In April 2024, the City announced that Walker Construction and SPVV Landscape Architects were the highest scored finalist for the construction of the cross country complex. The process for utilizing an alternative delivery method is regulated by RCW 39.10. As stated above, this process requires approval from the PRC prior to moving forward with the required procurement procedures. The procurement procedures for the PDB selection are outlined below. — First publication of the Request for Qualifications (RFQ) issued on January 26, 2024 — Second publication of the RFQ issued on February 2, 2024 — Statement of Qualifications due on February 14, 2024 — Shortlist announced on February 20, 2024 — Issued Requests for Proposals on February 22, 2024 — Interactive meetings held on March 5, 2024 — Proposals due on March 26, 2024 — Highest scored finalist announced April 1, 2024 — City Council Approval anticipated on April 30, 2024 — Validation anticipated to be completed by May 15, 2024 The RFQ was advertised in the Spokesman Review, the Valley News Herald, the Exchange, and the Seattle Daily Journal of Commerce. Staff is scheduled for a Motion Consideration on April 30, 2024, requesting authorization from City Council to award the contract for PDB services to Walker Construction and SPVV Landscape Architecture. If awarded the contract, Walker Construction and SPVV Landscape Architecture will work with staff to further define the scope of work. The PDB process allows designers and contractors flexibility to creatively solve problems before construction begins. This process also allows for a shorter project delivery timeline which is necessary to meet the aggressive construction schedule. OPTIONS: Discussion Only RECOMMENDED ACTION OR MOTION: Discussion Only BUDGET/FINANCIAL IMPACTS: Presently, $4.4M has been allocated from the Hotel/Motel Tax — Tourism Facilities Fund #104 for development of the cross country complex. STAFF CONTACT: Mike Basinger, AICP, Economic Development & Planning Director ATTACHMENTS: None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Admin. Report — Construction Administration Overview GOVERNING LEGISLATION: Numerous Federal, State, and City Regulations PREVIOUS COUNCIL ACTION TAKEN: • February 20, 2024 — Administrative Report discussing the 2024 Capital Improvement Projects BACKGROUND: On previous occasions, staff have presented various topics related to capital improvement project development. These presentations have included general project development and implementation overview, overview of project design, and overview of the right-of-way acquisition and documentation procedures. This presentation will center on the construction phase of a project. Topics that will be presented include performance measures and quality control metrics during construction, including project documentation control, project inspection, and project closeout. OPTIONS: Discussion Only RECOMMENDED ACTION OR MOTION: Discussion/Information only. BUDGET/FINANCIAL IMPACTS: Discussion/Information only. STAFF CONTACT: Bill Helbig, PE, Public Works Director ATTACHMENTS: • Presentation N O O U N � M Q N Q >O U V O L CL (u C L 0- cn fu 0- L O cu U 4-J .0 O E � �� , � U a oC U (L) a O cc CL U i 0 V N (W V r� i CL z U 0nLJ ZA MOM O a-J i 4-J O A �O N m Ln E U 0 -61 M U a O ZZ L U fu w c O L c O ,. U a-J W C LA O L Q U) 0 ro V N a C ro ,as MUl) W 0 U L a U O 06 LA N Q a--+ U 4-J a U 0 U L a U ateJ U X LU 06 G W 19 a-J ro a-J ro ro a c Q) O F-I L E o c m fu fu U Q L O U- fu a--+ ra L 0 a� a� c O ra c a) U Q V a c fu O Q a� O U Oa M A U � N a�5 8 0 o 1, -j o W E CD fu a fu O U ate-+ U 0n ra C ra CD 'L N c .5 W a_ U w L p1 ra C ra L N C CD LU O L O (3) cn L ro ro CD C LU N 'o L w ro a-J C O N N CD ra ra C O 61 O U C ca i L O } V O a (n L O t C ro V ro Ln N U 0 w CD C: H' 0 V C U C ro -6j Lf) E � 01 LU N a I --I o O u p U O ro cn N O � O Q C V O U U .i> N .ra � 4-J fu L- C > L (n C cn fo ro " .0 4-J cn E _0 .0 -6j V i LJ �aa 4 fl �� €f is e3 - AR Ea. pm v-H I � S X 8 8 8 0 8 8 8 8 8 `� n • d .�,. 3r ¢/ is q�.QD Q u C U O a-J 4..' O O 4 N E N 'j O ~ 0 J > a- 06 O C O fu i > N �+ �O fo O L 4-0U > o o a (1) rra (3) a- J U � a--' (!) N U ra O Ov 0 ra -v o M M Q p � o cn f U =3 '> > cr c 'v ra_ O U ii ' fu a--+ CD- � c1 Q U Q 0 4-J 4-J E _0 0 -6j u 29 11 W IN! mp W, jm� I Ill I IN ill Ill Im! Iml JAI I !w l W W im SI mi An qp All N 4-J u Ul) u UO -Fu .m Ul) (u u 0 Ul) fu13 (3) 0 u fu fu 0 u 4-J fu fu u cL 4a) E 22 E 0 4-3 0 :Q E 0 u Ul fu fu fu > c < -a E 9 FOA b Aj 4-J u Q) CL Ul) C: 1-� C: 0 iri ro N LU co w a fu -Fo 61 (1) a P-4 06 U*) .0 M fu 4-J 0 0 E M CD- u LU Ul) fu O fu _0 .0 Ln 0) fo m E u 0 U 0 b Aj O O u O O U O � 0 ca Q -61 oC6oC Q o o wa fu c: E fu E cu a� i O �� a c i w U E ca ca � O i.L U (u _ _0 U U � 'cn � N N O O U cn a 0 U a a .L 07 L.L L— fu a-J 0 i 0 i (J) C: C: 0 0 fu .� 4-J Q E cn �C: Efu 1 C .T) Q) L 0 C u 10 c fu -0 i a=+ J (J) U Q o L-- 07 U 2- U _ 0 4-J� oC U fu 4-J r19 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Admin. Report— Solid Waste Management Program Overview GOVERNING LEGISLATION: Chapter 70A.205 RCW: Solid Waste Management —Reduction and Recycling Chapter 70A.300 RCW: Hazardous Waste Management PREVIOUS COUNCIL ACTION TAKEN: • November 4, 2014 — Resolution 14-011 Adopting Solid Waste Management Plan • November 4, 2014 — Resolution 14-012 Adopting Moderate Risk Waste Plan • June 22, 2021 — Resolution 21-003 Amending the Solid Waste Management Plan to include a Contamination Reduction and Outreach Plan • March 1, 2022 — Administrative Report on the Solid Waste Management Plan Update process. • October 10, 2022 — Council approval of Consultant Agreement for Solid Waste Management Plan Update. • January 24, 2023 — Administrative Report on the Solid Waste Management Plan Update Status BACKGROUND: On November 16, 2014, the City's interlocal agreement with the Spokane County Regional Solid Waste Management System expired. Prior to this expiration and in view of it, the City Council considered options and voted to assume responsibility of managing the solid waste generated within the City by privately contracting for solid waste services, including (1) transfer station, transport, and disposal services, (2) residential and business collection, and (3) drop -box collection services. This responsibility was progressively assumed primarily through the following key Council actions: • 2014: Authorizing 10-year Solid Waste Disposal Contract with Sunshine Disposal, Inc. for University Road Transfer Station Operation (Expires December 31, 2024) • 2014: Adopting Solid Waste Management Plan • 2014: Adopting Moderate Risk Waste Plan • 2017: Authorizing 10-year Solid Waste Collection Contract with Waste Management for Solid Waste Collection of Garbage, Recyclables and Compostables (Expires March 31, 2028) • 2017: Authorizing 10-year Solid Waste Collection Contract with Sunshine Disposal for Solid Waste Drop Box Services (Expires March 31, 2028) • 2017 Authorizing 10-year Solid Waste Collection Contract with Waste Management for Solid Waste Drop Box Services (Expires March 31, 2028) Solid Waste Management Planning Update. Pursuant to RCW 70A.205.040 (previously RCW 70.95.010), in order to assume responsibility for managing its solid waste independently of the County, the City was required to prepare a coordinated, comprehensive solid waste management plan. This plan provides guidance for the solid waste system in the City, including garbage collection and disposal, and programs for waste reduction, recycling, organics, special wastes and the administration of these programs. In 2014, the City's plan was developed with assistance from a consultant. Also, pursuant to RCW 70A.300.350 (previously RCW 70.105.220), the City was required to prepare a local hazardous waste plan based on state guidelines. This plan provides guidance for the moderate -risk waste management system in the City, including hazardous wastes generated in small quantities by residents ("household hazardous wastes") and small quantities generated by businesses ("small -quantity generators"). In 2014, the City's hazardous waste plan was developed with assistance from a consultant. In June 2021 a Contamination Reduction and Outreach Plan (CROP) was added to our Solid Waste Management Plan (Resolution No. 21-003) pursuant to legislatively adopted modifications to RCW 70A.205.045. As required in Chapter 70A.205 RCW and Chapter 70A.300 RCW, the City has a Solid Waste Management Plan and Moderate -Risk Waste Management Plan are required to be kept current, reviewed, and revised periodically. In November 2022, the City began work with a consultant to update the Solid Waste Management and the Moderate -Risk Waste Management Plans as required by law. The development of the updated Plan is anticipated to be complete by the end of 2024 following significant public involvement and coordination with the Department of Ecology as required. Transfer Station, Transport, and Disposal Contract Update. As noted, the Council took several actions in assuming management of its own solid waste program. The 2014 disposal contract with Sunshine Disposal for operations of the University Road Solid Waste Transfer Station expires at the end of 2024. The Sunshine contract requires the City to provide notice to Sunshine of its intent to renew, terminate, or otherwise modify the agreement by July 1, 2024. Currently, the general services provided by Sunshine Disposal include: • Private ownership and operation of transfer station on University Road. • Transfer station operation is open to the public seven days a week, excluding major holidays. • Acceptance of garbage from the public, the City's curbside collection contract, and the City's two drop box contracts. • Acceptance of private, dropped off (self -haul), recyclable materials, organic materials (yard and food waste), and household hazardous materials (such as paint and oil). • Development and collection of disposal fees associated with solid waste and organic waste disposal at the transfer station. Other materials, within limitations, are accepted without a fee. The contract includes an automatic annual fee adjustment based on a percentage of CPI. • Provide annual reports outlining operations, including waste quantities, number of transfer station users, summary of customer service inquiries, and extraordinary occurrences. • Transfer of solid waste, recyclable, organic, and household hazardous materials to final disposal facilities. Staff have been evaluating options for ongoing solid waste transfer station, transport, and disposal services for 2025 and beyond and have identified two primary options: • Sunshine Disposal (University Road Solid Waste Transfer Station) • Spokane County (Sullivan Road Solid Waste Transfer Station) There are several key issues for ongoing solid waste transfer, transport, and disposal services that must be considered, including: • Current and future transfer station rates, including consideration of how future rate adjustments will be addressed. For example, under the current Sunshine Disposal agreement, transfer station rates are automatically adjusted annually at 90% of CPI. This provides certainty in rates, but limits flexibility to address future changes, such as impacts from a pandemic, recession, or other event and may result in higher rates during high inflationary periods. However, under a Spokane County model, rates would be set by the Spokane County Board of County Commissioners, so the City would need assurances on how those rates would be adjusted and what role the City could play in providing input on rate adjustments, if any. Further, there are efficiencies in greater volumes of solid waste tonnages, so combining tonnages may result in lower overall rates. • Current and future waste handling capacity, including ability and availability of handling solid waste, organic (yard) waste, household hazardous waste (oil and paint), recycling, and bulky/special waste (tires, refrigerators, and other appliances) • Solid waste management — education and planning requirements. If the City stays with Sunshine Disposal, the City will continue to fully manage all of its solid waste and will be required to continue to plan and provide education. If the City contracts with Spokane County, planning and education will be provided by Spokane County and the City will not be responsible for solid waste management. This would not affect the ongoing solid waste collection contracts. • Consideration of the term of any agreement. Shorter -term agreements (3-5 years) allow flexibility to move to different providers or models in the future. Longer -term agreements provide more certainty and may result in lower costs if capital improvements are needed and are built into rates to allow those costs to be spread out over more time. Staff will provide the two options for Council consideration at a future Council meeting More information can be found on the City's Solid Waste Management website. (https://www.spokanevalleywa.gov/349/Solid-Waste-Management) OPTIONS: Discussion Only RECOMMENDED ACTION OR MOTION: Discussion/Information only. No action is required of Council at this time. In late May, staff anticipates presenting waste disposal alternatives for consideration to address the 2014 disposal contract expiration occurring in December 2024, and the requirement to notify the current contract holder of the City's solid waste disposal direction. BUDGET/FINANCIAL IMPACTS: None at this time. Disposal rates are passed on to curbside waste haulers and self -haulers from Spokane Valley through their use of the transfer station. STAFF CONTACT: Bill Helbig, PE, Public Works Director ATTACHMENTS: • Presentation • Sunshine Disposal, Inc. 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CD c. L �- c: a� E cn ro _ a� CD O a � cul ; L ra j • fu — CD ••...... V ii LL �LU ro U � ateJ CD a--) ra 4 ra U*)a ro � c 4- c 4-o c O 0 � L � L - E U U U can L 0000 ro V) O n V) c O -61 U a.., Ln � O 1 L > U N � O ca ro fu L 4-, U� a.., is O � L cn O ra v �- ra O fu � U > fu O 0 L ��-+ O a_O., Q z N � �+ u U ra 0 c Q Q 0Q� a ro O o v I U �' O Q� z U 4-1 cl � a) fu � �- o :E 0N U a) c u O p w U cn 0 Cn N M O U N 0 LJ L-CA i .N 3 w GC 1.2 AGREEMENT FOR COMPREHENSIVE SOLID WASTE TRANSFER, TRANSPORT, AND DISPOSAL SERVICES SUNSHINE RECYCLERS, INC. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Sunshine Recyclers, Inc., dba Sunshine Disposal & Recycling, hereinafter "Contractor," jointly referred to as "Parties." RECITALS WHEREAS, pursuant to chapter 70.95 RCW, a local government is responsible for the management of solid waste within its jurisdictional boundaries; and WHEREAS, the City has undergone an extensive research and review process, which has included multiple studies of various options for solid waste transfer, transport, and disposal management; and WHEREAS, the City's current interlocal agreement with the Spokane Regional Solid Waste Management System expires on November 16, 2014; and WHEREAS, the City is required by law to provide solid waste transfer, transport, and disposal services by November 17, 2014; and WHEREAS, after due consideration of the options available, the City Council of the City has determined it is in the best interests of its citizens and for the public health, safety, and welfare for the City to assume responsibility of managing solid waste generated within its boundaries; and WHEREAS, after due consideration of the options available, the time constraints and the needs of the City and its citizens, the City Council of the City has determined it is in the best interests of its citizens and for the public health, safety, and welfare for the City to provide for solid waste transfer, transport, and disposal services through a contract with a private provider; and WHEREAS, the Contractor will be able to provide solid waste transfer, transport, and disposal services by November 17, 2014; and WHEREAS, the Parties have, in good faith, negotiated this Agreement and commit to attempting to resolve any future contract disputes, if any should occur, in good faith. NOW, THEREFORE, IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 1 of 46 (�010-01F)q ARTICLE I DEFINITIONS 1.1 Defined Terms. All capitalized terms utilized in this Agreement are intended to have the meaning defined in this Article 1 whether or not the term is defined prior to its use in this Agreement. The following definitions shall apply to the entirety of this Agreement unless it is clear from the context that another definition applies, 1.2 Definitions. "Acceptable Waste" means all Solid Waste excluding Recyclables, Organics, C&D Waste, and Unacceptable Waste. "Agreement" means this Agreement between the City and Contractor and all mutually adopted amendments thereto. "Business Days" means Monday through Friday, excluding designated holidays listed on Exhibit "A". "C&D Waste" refers to "construction and debris waste" and means Solid Waste generated in the course of construction, demolition, and remodeling, which includes, but is not limited to concrete, brick, masonry, bituminous concrete, plastic (PVC), reinforcing steel, dimensional wood, plaster (sheet rock), fiberglass insulation, composition roofing, roofing paper, metal roofing, metal fencing, copper, white goods and appliances (without CFC and Freon), and similar non -hazardous construction, non -paper or textile materials. "City" means the City of Spokane Valley, Washington. "City Representative" means the representative of the City identified in Section 16.3. "Consumer Price Index" or -"CPI" means the Consumer Price Index for All Urban Consumers (CPI-U), Vilest Region, 1982-84=140, published by the United States Department of Labor, Bureau of Labor Statistics ("BLS"). The Parties may refer to the BLS Internet Site or other BLS source to determine the applicable CPI Index. "Contractor" means Sunshine Recyclers, Inc., dba Sunshine Disposal & Recycling and all successors and assigns. "Customer Service Plan" means the plan established by the Contractor to direct customer service standards, goals, and plans for implementing new procedures in response to customer service issues and complaints, as provided in Section 3.9. "Days" means calendar days unless the time period called for is five days or less, in which case it shall mean the standard Business Days of Monday through Friday, and excluding designated holidays listed on Exhibit "A". Agreement for Comprehensive Solid waste Transfer, Transport, and Disposal Services Page 2 of 46 "Designated Haulers" means commercially operated Solid Waste haulers with which the City has a Solid Waste contract. "Disposal Facility" means the facility or facilities to dispose of all Acceptable Waste, and. any disposal facilities, recycling facilities, or composting facilities for disposal, recycling, or composting of Recyclables, Organics, C&D Waste, MRW, and Special Waste. "Disposal Services" means those services provided by the Contractor under this Agreement to finally dispose of, recycle, or compost the Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste. "Effective Date" means June 4, 2014 "Food Scraps" means all compostable pre- and post -consumer food waste, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds, or egg shells, and food -soiled paper, such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper products accepted by the Contractor's selected composting site. Food Scraps shall not include dead animals, plastics, diapers, kitty litter, liquid wastes, ashes, pet wastes, or other materials the selected composting facility is not permitted to compost or that are identified in the future by the selected composting facility with advance written notice provided to the City of such identification by Contractor after Contractor receives such notice. "MRW" means moderate risk Solid Waste that is hazardous and produced by households, businesses, and institutions, but is exempt from regulation under chapter 70.105 RCW because it is generated in quantities below the thresholds set forth in chapter 70.105 RCW and associated regulations as currently adopted and as hereafter amended. MRW refers to both "hazardous household waste" and "conditionally exempt small quantity generator waste". "Organics" means all Source -Separated Yard. Waste and Food Scraps separately or combined. "Recyclables" means those Solid Wastes that are Source -Separated for recycling or reuse, such as papers, plastics, metals and glass, which are identified as recyclable material pursuant to a local comprehensive solid waste plan. "Self Haulers" means all citizens and entities located or operating within the City other than Designated Haulers that dispose of Solid Waste with the Contractor. "Solid Waste" means all putrescible and non-putrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, demolition and construction wastes, yard wastes, and recyclable materials generated by public, private, industrial, commercial, mining, and agricultural operations. "Solid Waste Services" means the Transfer Services, Transport Services, and Disposal Services provided by the Contractor pursuant to this Agreement. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 3 of 46 "Source -Separate" means certain food, organic and reclaimable materials that are separated from Acceptable Waste by the generator for recycling, reuse, or composting, including but not limited to Recyclables, Organics, and other materials. "Special Waste" means Solid Waste that is otherwise considered Acceptable Waste, but by virtue of its unique properties, size, weight, composition, type, applicable legal requirements, or other characteristics, requires special handling or extraordinary management for transfer, transport, and disposal distinct from the level of handling and management required for Acceptable Waste, and is thereby subject to special compensation. Examples include, but are not limited to, tires, fluff, white goods, appliances, large quantities of ash, asbestos, and concrete, rocks or stumps over three feet in diameter. "Surety" means the surety required pursuant to Section 3.16 to guarantee performance of the Solid Waste Services under this Agreement. "Transfer Facility" means the total of all facilities at one or more locations located within the City's boundaries that are operated by the Contractor to accept and process Solid Waste under this Agreement. "Transfer Services" means those services provided by the Contractor under this Agreement to collect and process Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste from Designated Haulers and Self Haulers at a Transfer Facility so that such Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste may be transported to a Disposal Facility and processed or finally disposed. "Transport Services" means those services provided by the Contractor under this Agreement to transport processed Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste from the Transfer Facility to the Disposal Facility. "Unacceptable Waste" means all Solid Waste not authorized for disposal at the Transfer Facility and/or Disposal Facility by those governmental entities having jurisdiction over such facilities, or any waste, the disposal of which would constitute a violation of any governmental requirements pertaining to the environment, public health, or safety, or which, in the Contractor's reasonable opinion, would be considered Unacceptable Waste and/or would not be accepted for disposal by the operator of the Disposal Facility. Unacceptable Waste includes any waste that is now or hereafter defined by federal, state or local law or by the disposal jurisdiction as radioactive, dangerous, hazardous, or extremely hazardous waste. Unacceptable Waste includes Solid Waste that is or contains any infectious waste, radioactive, volatile, corrosive, flammable, explosive, biomedical, bio-hazardous or toxic material. Unacceptable Waste may also include ashes, asbestos, swill, sewage sludge, other biosolids, and industrial wastes. "Uncontrollable Circumstances" means events and circumstances commonly known as "force majeure", acts of God, or other circumstances reasonably beyond the control of either Party. The term includes riots, wars, civil disturbances, insurrections, acts of terrorism, epidemics, natural disasters, severe weather conditions, explosions, fires, severe floods, strikes Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 4 of 46 reasonably beyond the control of either Party, and other similar events that directly affect the ability of either Party to provide the Solid Waste Services as contemplated herein. Typical snow, ice, and flooding conditions that affect road conditions, rail conditions, or the operations of the Transfer Facility or Disposal Facility shall not be considered Uncontrollable Circumstances, provided that such conditions do not make the roads and rail impassable or the Transfer Facility or Disposal Facility inaccessible. "Yard Waste" means plant and vegetative waste commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities that is free from chlopyralid or other similar substances that are identified in the future by the Disposal Facility with advance written notice provided to the City of such identification by Contractor after Contractor receives such notice, and which cause the Disposal Facility not to accept such Yard Waste for composting. Yard Waste includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree pruning debris. ARTICLE 2 REPRESENTATIONS AND WARRANTIES 2.1 Representations Warranties, and Covenants of the Contractor. The Contractor covenants, represents and warrants to and for the benefit of the City, unless otherwise expressly specified, that as of the date of this Agreement and throughout its term: A. Organization of the Contractor. The Contractor is a duly organized and validly existing corporation under the laws of the State of Washington and Contractor is in good standing under the laws of the State of Washington and prior to the commencement of services under this Agreement will be in good standing with and duly licensed to do business in the State of Washington and the states in which any Transfer Facility and any Disposal Facility are located. B. Subcontractors Duly Licensed. The Contractor hereby agrees and covenants that it shall not hire, employ, or contract with any subcontractor for the provision of any part of the Solid Waste Services under this Agreement unless such subcontractor is duly organized and validly existing under the laws of the state in which it is incorporated or created, and it is duly licensed to do business in the State of Washington and in the states in which it is providing the Solid Waste Services on behalf of Contractor. C. The Contractor's Power to Execute. The Contractor has full legal right, power and. authority to execute, deliver, and perform its obligations under this Agreement, and has duly authorized the execution and delivery of this Agreement. This Agreement has been duly executed and delivered by the Contractor and constitutes a legal, valid and binding obligation of the Contractor enforceable against the Contractor in accordance with its terms except as such may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws affecting creditors' rights generally, the exercise of judicial discretion in granting or denying equitable relief, the principles of commercial reasonableness, good faith and fair dealing, waiver, estoppels and unconscionability and by general equitable principles. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 5 of 46 D. No Violations or Conflicts. To the best of the Contractor's knowledge, neither the execution nor delivery by the Contractor of this Agreement, the performance by the Contractor of its obligations hereunder, nor the fulfillment by the Contractor of the terms and conditions hereof. 1. Conflicts with, violates or results in a breach of any applicable law, ordinance, permit, approval, governmental approval or regulation; or 2. Conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or any agreement or instrument to which the Contractor is a party or by which the Contractor or any of its properties or assets are bound, or constitutes a default thereunder. E. Unethical Conduct. The Contractor has not engaged in any type of unethical conduct including, without limitation, collusion, the rigging of proposals, offers or other responses or the submission of a proposal, offer or other response which is intentionally high or noncompetitive for the purpose of giving the appearance of competition. F. No Conditions Precedent to Execution. No approval, authorization, license, permit, order or consent of, or declaration, registration or filing with any governmental or administrative authority, commission, board, agency or instrumentality is required for the valid execution and delivery of this Agreement by the Contractor. G. Appropriate Approvals. The Contractor holds, or is expressly licensed to use, all patents, rights, licenses, approvals and franchises necessary or appropriate to operate and maintain the Transfer Facility and to provide the Solid Waste Services pursuant to the terms of this Agreement. H. Right to Use Facilities and Equipment. 1. As of November 17, 2014, the date of commencement of Solid Waste Services under this Agreement, the Contractor owns, leases or has binding and enforceable contractual rights to use all facilities and equipment necessary or appropriate for the Contractor to fulfill its duties and responsibilities under this Agreement, and the Contractor shall deliver to the City, upon its request, proof satisfactory to the City of such ownership, lease or contractual rights. 2. During the term of this Agreement, Contractor shall own, lease, or maintain ongoing binding and enforceable contractual rights to use all facilities and equipment necessary or appropriate for the Contractor to fulfill its duties and responsibilities under this Agreement, and the Contractor shall deliver to the City, upon its request, proof satisfactory to the City of such ownership, lease or contractual rights. Agreement for Comprehensive Solid waste Transfer, Transport, and Disposal Services Page 6 of 46 I. Truth and Accuracy. The information the Contractor supplied to the City as part of the process to enter into this Agreement was true and accurate when made and, as of the date of this Agreement, remains true and accurate. J. No Change in Financial Condition. There has been no material adverse change in the Contractor's financial condition since the issuance date of the bank commitment letter submitted by the Contractor to the City. K. Contractor is Experienced. The Contractor is fully experienced in each of the areas under which it will have duties and obligations under this Agreement and has adequate personnel and experience to fully, properly and satisfactorily discharge its duties and obligations under this Agreement. The City is specifically relying on representations from the Contractor that it has the skill, experience and means to provide the services set forth in this Agreement. L. Proceedings Against the Contractor. As of the date of this Agreement there is not and shall not be any action, suit, proceeding or, to the best of the Contractor's knowledge, investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or, to the best of the Contractor's knowledge, threatened, against the Contractor, wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially or adversely affect the performance by the Contractor of its obligations hereunder or which, in any way, would adversely affect the validity or enforceability of this Agreement or any other agreement or instrument entered into by the Contractor in connection with this Agreement. M. Provision of Solid Waste Services. The Contractor has the ability to and will inspect, accept, process, transfer, transport, dispose of, recycle, and compost all Acceptable Waste, Recyclables, Organics, C&D Waste, and Special Waste received by Contractor in accordance with the terms and conditions of this Agreement. The Contractor has approved and executed all necessary contracts with any third -party providers, including any providers of Transport Services and Disposal Services. 2.2 Representations, Warranties, and Covenants of the City. The City covenants, represents and warrants to and for the benefit of the Contractor, unless otherwise expressly specified, that as of the date of this Agreement and throughout its term: A. Organization of City. The City is a non -charter code city, duly organized and validly existing under the Constitution and laws of the State of Washington, with full legal right, power, and authority to enter into, execute, and deliver this Agreement, and perform its obligations under this Agreement. B. City's Authority to Execute. The City has duty authorized the execution and delivery of this Agreement and this Agreement has been duly executed and delivered by it and constitutes a legal, valid and binding obligation of the City enforceable against the City in accordance with its terms except as such may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws affecting creditors' rights generally, the exercise of judicial discretion in granting or denying equitable relief, the principles of commercial reasonableness, Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 7 of 46 good faith and fairs dealing, waiver, estoppels and unconscionability and by general equitable principles. C. No Violations or Conflicts. To the best of the City's knowledge, neither the execution nor delivery by the City of this Agreement, the performance by the City of its obligations hereunder, nor the fulfillment by the City of the terms and conditions hereof: 1. Conflicts with, violates or results in a breach of any applicable law, ordinance, permit, approval, governmental approval or regulation; or 2. Conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or any agreement or instrument to which the City is a party or by which the City or any of its properties or assets are bound, or constitutes a default thereunder. D. No Conditions Precedent to Execution. No approval, authorization, license, permit, order or consent of, process, procedure, or declaration, registration or filing with any governmental or administrative authority, commission, board, agency or instrumentality is required for the valid execution and delivery of this Agreement by the City, except: (1) approval and authorization from the City Council is necessary to execute this Agreement; and (2) the Parties agree that due to time constraints, the City cannot adopt its Comprehensive Solid Waste Management Plan prior to execution of this Agreement. The Parties agree that City shall commence development of its Comprehensive Solid Waste Management Plan and shall diligently pursue completion, approval, and adoption of the Comprehensive Solid Waste Management Plan and adoption of any Spokane Valley Municipal Code Provisions necessary to implement the Comprehensive Solid Waste Management Plan. E. Proceedings Against the City. As of the date of this Agreement, there is not and shall not be any action, suit, proceeding or, to the best of the City's knowledge, investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or, to the best of the City's knowledge, threatened, against the City, wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially or adversely affect the performance by the City of its obligations hereunder or which, in any way, would adversely affect the validity or enforceability of this Agreement or any other agreement or instrument entered into by the City in connection with this Agreement. F. Contractor as Sole Provider. During the term of this Agreement, City shall not contract with any other entity to provide the Solid Waste Services provided by Contractor herein. City shall not be precluded from undertaking a procurement process and entering into a contract with another entity prior to the completion of the term of this Agreement in order to ensure there is no interruption of services after the completion of the term of this Agreement; provided that any such entity shall not commence providing services until the term of this Agreement is completed and this Agreement is terminated as provided herein. Nothing herein shall modify the City"s rights of termination or remedies in the event of a default under Article 11. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 9 of 46 2.3 Independent Re resentations and Warranties. The covenants, representations and warranties described in this Article are not exclusive and shall not be construed to exclude or limit those required elsewhere in this Agreement or to modify, limit or lessen in any way, any rights or remedies that either Party may have against the other or the Surety provider. ARTICLE 3 CONTRACTOR RESPONSIBILITIES 3.1 Provide Transfer Services. During the term of this Agreement, the Contractor shall be responsible for and shall provide Transfer Services for Self Haulers and the Designated Haulers at the Transfer Facility. The Transfer Facility shall be identified on Exhibit "A". Transfer Services shall include, but are not limited to the following services, requirements, and conditions: A. Acceptable Waste. The Transfer Facility shall be at such location and of such size and capacity so as to process all Acceptable Waste generated in the City, currently estimated at 50,000 tons annually. Further, the Transfer Facility shall be at such location and of such size and capacity so as to allow Self Haulers and Designated Haulers to deliver Acceptable Waste during the times and days specified in Exhibit "A" without unreasonable delay or interruption to the Designated Haulers' collection service. The Contractor shall ensure that during peak operations there is no obstruction of traffic on any streets surrounding the Transfer Facility other than obstructions arising from Uncontrollable Circumstances. The amount of tonnage is strictly an estimate agreed to by the Parties to determine the size and capacity needed for the Transfer Facility and no specific tonnage of Acceptable Waste is guaranteed by such statement. B. Recyclables, Organics, C&D Waste, and MRW. The Contractor shall provide, as part of the Transfer Facility, programs and means for accepting and processing Recyclables, Organics, C&D Waste, and MRW, as appropriate, so as to allow Self Haulers and Designated Haulers to deliver such wastes and Recyclables at the times and days specified in Exhibit "A" without unreasonable delay or interruption to the Designated Haulers' collection service except to the extent such interruption or delay arises from Uncontrollable Circumstances. Contractor shall be entitled to separate and commercially use Acceptable Waste and C&D Waste delivered to the Transfer Facility; provided any separation activities shall not cause unreasonable delay or disruption of delivery and acceptance of Solid Waste at the Transfer Facility. C. Special Waste. Contractor shall make all reasonable efforts to accept and process Special Waste; provided, Contractor may make additional charges for, or fix new or additional rates for the handling or disposal of Special Waste. In the event that applicable legal requirements or excessive cost of processing would preclude Contractor from reasonably processing Special Waste, Contractor may reject such Special Waste. D. No Delay of Services. The Contractor, at its sole direction and expense, shall keep or shall ensure that the Transfer Facility and Transfer Services equipment are in good working order and repair so as to provide Transfer Services without interruption or unreasonable delay of services except to the extent such interruption or delay arises from Uncontrollable Circumstances. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services rage 9 of 46 E. Right to Refuse Service. Contractor reserves the right to refuse to any business patron the right of access to the Transfer Facility or Disposal Facility when the customer has violated the facility's rules and policies and/or rules and regulations prescribed by law or the customer is delinquent more than 30 days on account of any money due the Contractor for Solid Waste Services. 3.2 Screenitia for Unacceptable Waste. A. Screening. The Contractor shall not be required to receive, handle, transport, or dispose of any Unacceptable Waste. The Contractor shall establish and maintain appropriate equipment and a program of operating, monitoring, and screening procedures for the Transfer Facility to prevent the receipt, handling, shipping or disposal of Unacceptable Waste. The Contractor shall inspect and screen all Solid Waste delivered to the Transfer Facility for all Unacceptable Waste prior to transport and disposal at the Disposal Facility. Contractor may decline any Unacceptable Waste and may require the hauler attempting to dispose of such Unacceptable Waste to remove the Unacceptable Waste in accordance with federal, state and local law. B. Training. Transfer Facility staff shall be properly instructed and trained on screening for Unacceptable Waste in accordance with applicable federal, state, and local laws. C. Liability for Unacceptable Waste. The Contractor shall be financially and otherwise liable for the handling and disposal of any Unacceptable Waste that is accepted by it. The City shall in no event be financially or otherwise liable for any Unacceptable Waste accepted, processed, transported, or disposed of by the Contractor. 3.3 Provide Transport Services. The Contractor shall be responsible for and shall provide Transport Services for all Acceptable Waste, C&D Waste, Recyclables, Organics and accepted Special Waste from the Transfer Facility to the Disposal Facility to which the applicable waste is delivered for processing or disposal. The Contractor may utilize any lawful means for providing Transport Services, including contracting with third -party transport service providers. The Contractor, at its sole direction and expense, shall ensure that Transport Services are provided at all times without interruption or unreasonable delay of services except to the extent such interruption or delay arises from Uncontrollable Circumstances. 3.4 Provide Disposal Services. A. Acceptable Waste and Special Waste. The Contractor shall be responsible for and shall provide Disposal Services for all Acceptable Waste and accepted Special Waste at a Disposal Facility permitted to accept such waste in compliance with all federal, state, and local regulations. The Contractor may utilize any lawful means for providing Disposal Services, including contracting for use of a third -party Disposal Facility. The Disposal Facility or facilities shall be initially identified on Exhibit "A". The Contractor, at its sole direction and expense, shall ensure that Disposal Services are provided without interruption or unreasonable delay except to the extent such interruption or delay arises from Uncontrollable Circumstances. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 10 of 46 B. Recyclables, Organics, C&D Waste, and MRW. As part of its provision of Disposal Services, Contractor shall recycle all Recyclables, compost all Organics, and dispose all C&D Waste and MRW in accordance with applicable federal, state, and local laws. The Contractor shall ensure that all Source -Separated Recyclables delivered to and accepted at the Transfer Facility are recycled and all Source -Separated Organics delivered to and accepted at the Transfer Facility are composted and are not disposed of as Acceptable Waste, unless otherwise approved by the City in writing, which approval shall not be unreasonably withheld, conditioned or delayed. The Contractor shall identify to City in writing all facilities used to recycle Recyclables, compost {Organics, and dispose of C&D Waste, and MRW. 3.5 Primary Services. The Contractor shall provide Transfer, Transport and Disposal Services to the City in accordance with the terms and conditions of this Agreement. The Contractor may accept and process legally acceptable Solid Waste from sources other than City that is not otherwise prohibited to be delivered to the Transfer Facility, but at no time shall any acceptance or processing of Solid Waste from sources other than the City limit the Contractor's ability to provide Solid Waste Services to the City and its Designated Haulers and Self Haulers in accordance with the terms and conditions of this Agreement. Should the ability of the Contractor to process Solid Waste generated within the City and other Solid Waste become limited, whether due to decreases in capacity at the Transfer Facility or Disposal Facility or otherwise, the Contractor shall first limit the receipt and processing of Solid Waste from sources other than the City to allow as much Solid Waste generated within the City to be handled as is required under this Agreement. 3.6 Education. Upon request by the City, the Contractor shall assist the City in providing solid waste education, including but not limited, public outreach to educate City residents and businesses regarding the transition to the use of the Contractor's Transfer Facility, education regarding options for recycling, Organics, and MRW, and other educational outreach efforts identified by either Party as set forth in Exhibit "B"; provided, the City shall be responsible for all costs of providing education. The City may request additional education services and the Parties shall negotiate in good faith any necessary changes to Service Fees to cover costs or expenses for the additional education. 3.7 Cooperation. Contractor shall cooperate with the City, Designated Haulers, any third -party providers of Transfer Services, Transport Services and Disposal Services, and the Disposal Facility provider to ensure that Acceptable Waste, Recyclables, Organics, C&D Waste, MRW, and Special Waste is legally, efficiently, promptly, and without unreasonable delay or interruption of service accepted, transferred, transported, disposed of, recycled and composted in accordance with the terms of this Agreement, except to the extent such interruption or delay arises from Uncontrollable Circumstances. 3.8 Performance Standards. The Contractor shall provide all Solid Waste Services in compliance with the performance standards provided in Exhibit "C" Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page l l of 46 3.9 Customer Service. A. Contractor shall comply in all respects with the customer service standards contained herein. B. Contractor, its employees, agents and subcontractors shall conduct themselves in a manner to create a positive image of the Contractor and City. Contractor shall provide a customer service telephone line, website, and representative to handle any customer service complaints or questions during the normal business hours of the Transfer Facility. 1. The Contractor shall maintain a toll -free or collect call telephone access line which will be available to customers twenty-four hours per day, seven days per week. A customer service representative shall be available to respond to customer inquiries by such telephone line during the normal business hours of the Transfer Facility. After normal business hours, the access line shall be answered by a service or automated response system, including an answer machine. Inquiries received after hours shall be responded to on the following Business Day. 2. The Contractor shall maintain a website which will be available to customers twenty-four hours per day, seven days per week. The website shall contain current Service Fee and Organics Fee rates, as well as any pending changes to such rates. The website shall contain contact information for the telephone access line. The website shall contain waste acceptance standards and educational materials as provided herein. C. Customers shall have the right to speak to a supervisor in the event the customer is not satisfied with the response from the customer service representative. The City shall direct any customer inquiry to the customer service representative or supervisor if the customer has not already done so. In the event the customer is not satisfied with the response after speaking with the supervisor and contacts the City, a Contractor liaison shall promptly meet with the City to attempt to resolve the issue. D. Contractor shall develop a. Customer Service Plan, to be approved by the City, which shall identify and outline customer service standards, customer service goals, and strategies and plans for implementing new procedures in response to customer service issues or complaints. The Customer Service Plan shall include reasonable times for responses to complaints. The City shall approve the Customer Service Plan and any updates thereto, which is included as Exhibit "D". The Contractor shall review the Customer Service Plan periodically, but not less than once per year, and update as necessary. E. All customer service complaints or concerns shall be documented and provided as part of the Contractor's annual report and to the City within seven Business Days after request by the City. F. Contractor shall ensure that all contracts between it and the Designated Haulers are commercially reasonable and comply with all terms contained herein, including the Performance Standards and Customer Service Plan. Contractor may include any terms that are commercially Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal services Page 12 of 46 reasonable, including penalties, interest fees, late charges and service limitations and restrictions for late or non-payment or violation of rules, provided, however, all Designated Haulers, including Designated Haulers that may be owned, operated, or are subsidiaries of Contractor shall be charged the same rates, penalties, and fees and be subject to the same service limitations and restrictions. 3.10 Notice of Disruption of Service. Contractor shall notify the City Representative of any construction, maintenance, or other activity or occurrence which could disrupt, slow or otherwise impact the provision of Solid Waste Services immediately after Contractor becomes aware of such activity or occurrence. 3.11 Notice of Other Facilities. Contractor may notify the City in writing in the event that the Contractor obtains access to alternative transfer or disposal facilities or desires to use other methods of waste disposal which could be utilized in carrying out this Agreement. In the event Contractor desires to use alternative transfer or disposal facilities or disposal methods, Contractor shall provide a written transition plan demonstrating how the transition would occur and any impacts to the provision of Solid Waste Services at the alternative or new facilities. Transition to and use of any alternative facility shall not result in any cost to the City nor any increase in Service Fee or Organics Fee rates. The City may, in its sole discretion, approve the use of alternative transfer or disposal facilities. 3.12 Ongoing Maintenance of Financial Condition. The Parties have agreed that Contractor's ongoing financial health and stability are vital to the continued provision of Solid Waste Services for the term of this Agreement. Solely to demonstrate financial health as it relates to the provision of Solid Waste Services hereunder, within 30 days of the end of the calendar year, Contractor shall provide a letter or other formal statement from the Contractor's designated bank to the City demonstrating that Contractor has met all financial covenants, including the debt service coverage ratio and financial reporting, and made all prior payments timely, required by the bank for financing related to the provision of Solid Waste Services herein. 3.13 Necessary Contracts. The Contractor shall provide for City review, but not approval, all third -party service contracts necessary for Contractor to provide Solid Waste Services, including but not limited to third -party contracts for Transport Services and Disposal Services and with any Disposal Facilities. Contractor may redact any cost or fee schedules, special terms not applicable to this Agreement and other proprietary, trade secret or confidential information from such contracts prior to providing to the City, provided that Contractor shall not redact the names of the parties to the contract, the term of the contract, insurance requirements, and indemnity provisions. All such contracts shall be provided no later than 60 days prior to November 17, 2014. The Contractor shall provide any amendments or new contracts within 30 days of their execution. 3.14 Business Registration. Contractor shall register with the City as a business prior to the Effective Date of this Agreement. Agreement for Comprehensive Solid Waste 'transfer, Transport, and Disposal Services Page 13 of 46 3.15 Commencement of Service. The Contractor shall begin accepting Solid Waste generated within the City on November 17, 2014. 3.16 Surety. Prior to the Effective Date of this Agreement, the Contractor shall provide to the City a contract performance Surety in the form of a performance bond or letter of credit for the term of this Agreement. The amount of the Surety shall be $1,000,000. The Surety shall be consistent with the terms of this Agreement and be substantially in the form set forth in Exhibit "E" to this Agreement, or such other form customary in the industry which the City approves in writing, which approval shall not be unreasonably withheld, conditioned or delayed. 3.17 Public Records-, Confidentiali . A. The Parties agree that all records of the Contractor and of the City which are related to this Agreement and the Solid Waste Services provided hereunder and which are prepared, 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 to not intentionally waive any statutory exemptions from disclosure available for such records under the Public Record Act. The City shall, if possible, notify the Contractor before any disclosure, and provide the Contractor an opportunity to intervene through judicial process to resist release of such records. The City agrees not to object to the Contractor's intervention in any judicial proceeding in which the City resists the release of the records in question so long as the Contractor's request to intervene is limited to resisting the release of the records. The City shall have no duty to resist release of any Contractor records, except to provide notice to Contractor of the request for and disclosure of such records as previously described. B. All reports, educational materials, and other records prepared by the Contractor and provided to the City pursuant to this Agreement are and shall be the property of the City and shall be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public records laws. The written, graphic, mapped, photographic, or visual documents prepared by Contractor under 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. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other material prepared under this Agreement that Contractor provides to the City pursuant to this Agreement; provided City shall not publish, disclose, or distribute any financial information provided under Section 3.12 without prior notice to Contractor of its intent to do so or without providing the Contractor an opportunity to intervene through judicial process to resist release of such records; and provided further that Contractor shall have no liability for the use of Contractor's work product outside of the scope of its intended purpose. City shall provide Contractor with notice of any public records requests under Section 3.17(A). C. The City, or as requested and authorized by state law, State Auditor, or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters that are directly related to and covered in this Agreement and are required to be provided by Contractor to the City under Section 3.22 or Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 14 of 46 to support fee adjustments under Section 5.3, including tonnages received and revenues received by Contractor from Solid Waste generated within the City. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records for a period of three years from the final date of this Agreement, provided that such representatives shall hold such matters in strictest confidence and not disclose them except in accordance with the limitations on disclosure set forth in this Section 3.17. Contractor may request an independent third -party accountant or other professional to review any document that it believes is not directly related to this Agreement. in the event the independent third -party determines a document is not directly related to this Agreement, such document shall not be subject to review by the City or State Auditor. D. Contractor may, from time to time, receive information which the City designates in writing to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 3.18 Compliance with Laws and Regulations. The Contractor agrees that in providing the Solid Waste Services and the performance of its duties and obligations under this Agreement, the Contractor will qualify under, and comply with, any and all federal, state and local laws, requirements, regulations, licenses, certificates, approvals and permits now in force and which may hereafter be enacted and become effective, which are applicable to the Contractor, its employees, agents or subcontractors. 3.19 Permits, Licenses, etc. The Contractor and any subcontractors shall obtain and maintain, at their sole expense, all permits, licenses, certificates and approvals required by federal, state and local law for its operations and activities under this Agreement. Contractor shall file with the City a list of all such permits, licenses, certificates and approvals designating the issuing authority, the dates of issuance, the expiration of those permits, licenses, certificates and approvals and shall file a copy of all current permits, licenses, certificates and approvals with the City. The Contractor shall be solely liable for all fines or penalties that may be imposed by any regulatory agency or other governmental authority for violations of permits, laws, approvals, certificates or regulations; the City shall not be liable for and shall not reimburse the Contractor for payment of any fines or penalties. 3.20 Tariffs, Surcharges, Taxes and Fees. Except under the limited circumstances expressly set forth in this Agreement, the Contractor shall be responsible and liable for payment of all federal, state and local taxes and fees, tariffs and surcharges of every form and description including, without limitation, those that apply to any and all persons, property, income, equipment, materials, supplies, structures or activities that are involved in the performance of this Agreement. 3.21 Notification of Violations — Full Disclosure. This Section shall not apply to notification and reports of customer service complaints that occur in the normal course of business, which shall be handled in accordance with Section 3.9. Within 10 days of receiving notice of any other complaint, accident, appeal, claim or notice of violation, or other judicial or administrative action, formal or informal relating in any way to the provision of services under this Agreement, filed against the Contractor, the Transfer Facility, or any subcontractor or third - Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 15 of 46 party service provider, or within 10 days of filing, receiving or otherwise learning of any bankruptcy proceeding filed by or against the Contractor, any of its owners or any entity related to the Contractor, the Contractor shall notify the City of the same in writing. The Contractor shall notify the City of the existence, filing, or receipt of any reports or other documents in any manner related to groundwater, without limitation, including the sampling or the testing thereof. The Contractor shall provide copies of any complaints, accidents, appeals, claims or notices of violation, or other judicial or administrative action, formal or informal, responses thereto, and any reports or documents related to groundwater, as requested by the City within seven days of the City's request, or if the request is made prior to a response, within seven days of such response. Contractor shall provide notice of final resolution of any such complaint, accident claim, appeal, claims or notices of violation, or other judicial or administrative action to the City within 10 days of such resolution. This Section 3.21 contemplates full and forthright disclosure by the Parties. 3.22 Reports. The Contractor shall keep accurate records of all transactions connected with this Agreement including, but not limited to, all correspondence and invoices, transaction/weight tickets and receipts issued to or at the Transfer Facility and Disposal Facility for Solid Waste generated in the City. Notwithstanding anything to the contrary in this Agreement, the City shall have the right to review and audit the Contractor's records to which the City has access under Section 3.17(C), above. The Contractor shall provide, in a form acceptable to the City, an annual report for the preceding reporting period summarizing routine and extraordinary activities relating to Solid Waste generated in the City during the prior reporting period and plans and schedules for future activities. The annual report shall provide data by monthly increments. The report shall include: A. Tonnage. The tonnage by type of waste (total Solid Waste, Acceptable Waste, Recyclables, Organics, C&D Waste, MRW, Special Waste, and Unacceptable Waste) or other material generated within the City and accepted at the Transfer Facility and the tonnage processed as part of the Contractor's Transport and Disposal Services. Tonnages shall be based upon actual tonnages as measured by a scale system legally calibrated and certified to be accurate by the appropriate governmental entity or agency, or if no such agency is conducting calibrations or certifications, an independent contractor, to certify such scales; B. Trips. The number of trip visits to the Transport Facility by: (1) Designated Haulers, and (2) Self Haulers; C. Customer Service Inquiries. The number of customer service inquiries handled by customer service representatives from Designated Haulers or Self Haulers by month and by the following categories: (1) Fee issues; (2) issues with interactions with Contractor staff; and (3) provisions of services (e.g., wait times, acceptance of waste, etc.); and D. Extraordinary Occurrences. Any extraordinary occurrences affecting the Contractor's performance of this Agreement including, but not limited to, incidents of inadvertent acceptance of Unacceptable Waste generated within the City known to Contractor, and occurrences affecting or caused by the Transfer Facility, any subcontractor or third -party service provider. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 16 of 46 ARTICLE 4 CITY'S RESPONSIBILITIES 4.1 Delivery of Acceptable Waste. No minimum amount of Acceptable Waste tonnage is guaranteed under this Agreement. However, the City shall, in its contracts with Designated Haulers, obligate, to the maximum extent allowed by law, the Designated Haulers to haul and deliver all Acceptable Waste collected pursuant to such contracts to the Contractor's Transfer Facility for processing. The City shall diligently enforce, to the maximum extent allowed by law, all obligations in its contracts with Designated Haulers, including, without limitation, those related to the collection, hauling and delivery of Acceptable Waste to the Transfer Facility. The provisions of the City's contracts with the Designated Haulers shall not restrict Contractor's right to enforce the terms of its agreements with the Designated Haulers described in Section 3.9(F). In the event the City chooses to provide for Acceptable Waste collection through the use of City staff and resources, the City shall haul and deliver all such Acceptable Waste collected to the Contractor's Transfer Facility for processing. The City's obligation to contractually obligate and enforce its collection, hauling, and delivery obligations with its Designated Haulers as outlined above does not create any obligation or requirement for the City to impose mandatory collection from all of its residents and commercial businesses. 4.2 Cooperation with Contractor. The City shall use its best efforts to cooperate with the Contractor and to respond to the Contractor's reasonable requests for information and assistance, consistent with the provisions of this Agreement. As part of its cooperation, the City shall provide all necessary information to assist with educational components. 4.3 Comprehensive Solid Waste Management Plan. City shall implement and maintain a Comprehensive Solid Waste Management Plan in accordance with chapter 70.95 RCW, as now adopted or hereafter amended. The Parties acknowledge that this Agreement will be executed prior to the development and adoption of the City's Comprehensive Solid Waste Management Plan. The City shall include a description of the Solid Waste Services provided under this Agreement in the Comprehensive Solid Waste Management Plan, including a description of the Transfer Facility and Disposal Facility utilized herein as the only such facilities for which the City has contracted and the obligations of Designated Haulers to haul and deliver Acceptable Waste to the Transfer Facility as set forth in Section 4.1. Subject to the requirements of applicable law, the Comprehensive Solid Waste Management Plan adopted by the City and any amendments thereto shall be consistent with the terms of this Agreement. The City shall include the Contractor in public discussions and development of the City's Comprehensive Solid Waste Management Plan to the extent permitted by law during the term of this Agreement. In the event any inconsistency is determined between the Comprehensive Solid Waste Management Plan and this Agreement, the City shall notify the Contractor and the Parties shall in good faith negotiate an amendment to this Agreement, which shall include adjustments to the Fees payable to Contractor to fairly reflect additional or reduced services, costs and expenses or reductions or increases in waste arising from such amendments, so that the provision of Solid Waste Services under this Agreement does not violate the City's Comprehensive Solid Waste Management Plan. In the event the Parties cannot come to agreement on modified fees, the Parties shall resolve such fee dispute in accordance with the provisions of Article 12 -- Disputes. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 17 ❑f 46 4.4 Compliance with Laws and Regulations. City agrees that in the performance of its duties and obligations under this Agreement, the City shall comply with any and all federal, state and local laws, requirements, regulations, licenses, certificates, approvals and permits now in force and which may hereafter be enacted and become effective, which are applicable to the City or its officers, employees or agents and which are related to the provision of Solid Waste Services as provided herein. ARTICLE 5 FEES 5.1 Load Limits. There shall be no per load minimum or maximum tonnage of Acceptable Waste, Recyclables, Organics, or C&D Waste required for acceptance of such wastes and Recyclables at the Transfer Facility. 5.2 Fees. For the Contractor's performance of its obligations under this Agreement it shall be entitled to the sum of the Service Fee, Organics Fee, and Special Waste Fees as follows: (A) (1) Service Fee. $92.00 per ton of Acceptable Waste and C&D Waste. Contractor may impose a minimum charge for Acceptable Waste and C&D Waste of up to $15.20. (2) Customers may deliver up to four non -Class 8 truck tires in a single load of Acceptable Waste without a separate charge. (3) Customers may deliver up to one tree stump in a single load of Acceptable Waste without a separate charge. (B) Organics Fee. $50.00 per ton of Organics. Contractor may impose a minimum charge for Organics of up to $10.00. The Organics Fee shall only apply to routes and loads delivered from Self -Haulers and Designated Haulers consisting of Organics derived from within the City with no more than a small amount of Organics derived from outside the City. The Organics Fee shall not apply to routes and loads delivered from Self -Haulers and Designated Haulers with more than a small amount of commercially -derived Food Scraps. (C) Special Waste Fees. Except as otherwise provided in Subsection A above with respect to tires and stumps, Contractor shall have sole discretion to set the rates for handling and disposal of Special Waste, provided, however, such rates shall be reasonable based upon costs for acceptance, processing, transport and disposal of such Special Waste. Contractor is obligated to provide for the handling and disposal of Special Waste as provided herein. The Parties agree that the Service Fee is comprised of and includes any and all costs associated with acceptance, processing, transport, disposal, and recycling of Recyclables, MRW, and, if it is accepted by Contractor, Unacceptable Waste. Contractor shall not charge any fee to Designated Haulers or Self Haulers for acceptance, processing, transport, disposal, and recycling of Recyclables and MRW. Contractor shall retain any revenues received from recycling of all Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 18 of46 Source -Separated Recyclables, composting of Source -Separated Organics, and salvage of commercially usable Acceptable Waste and C&D Waste. All Service Fees, Organics Fees, and Special Waste Fees shall be charged to Designated Haulers and Self Haulers and collected by Contractor at the time such waste is accepted at the Transfer Facility, or by invoice to the Designated Haulers in the event the Contractor has separate agreements with the Designated Haulers. Except as provided below, Contractor shall not be entitled to and the City shall not be required to make any payments to Contractor for any reason under this Agreement, except as otherwise provided in Article 8 -- Indemnification and Article 11 — Default. In the event City provides for collection and delivery of Solid Waste generated by the City with its own staff and delivers it to the Transfer Facility, the City shall be charged and pay the same rates as all other customers as set forth herein unless otherwise agreed to in writing by the Parties. 5.3 Adjustment of Fees. A. Annual Adjustment. Effective on December 1, 2015 and on December 1st of each year thereafter during the term of this Agreement, the then current Service Fee and Organics Fee, as previously adjusted under this Section 5.3(A), shall be automatically increased by 90% of the percentage change in the average CPI for the 12 month period July 1 through rune 30 of the calendar year the adjustment becomes effective as compared to the CPI average for the preceding twelve month period and multiplying the result by the then applicable Service Fee and Organics Fee. B. Adjustment for Government Taxes. The Contractor may increase the fees payable under Section 5.2 for reasonable actual increased costs resulting from changes in government, health district and/or department, or other agency taxes, fees, and surcharges that are assessed upon Contractor for its operations and Solid Waste Services hereunder that occur or are increased after the Effective Date of this Agreement. Such changes shall include solid waste utility taxes and other taxes, fees, surcharges and impositions relating to solid waste or solid waste processing, handling and disposal. Such changes do not include real estate taxes, ad valorem taxes, telecommunications taxes, water and sewer connection fees or water and sewer user fees, sales or income taxes, host fees, other utility taxes, and any other similar fees, taxes, surcharges, and assessments. The Contractor shall provide notice to the City at least 10 days prior to increasing such fees and the City may request documentation of the reasonable actual increased costs resulting from such changes. If the City requests documentation and Contractor does not or cannot provide such documentation, the Contractor may not increase fees until Contractor provides such documentation. After -enacted government taxes, fees, and surcharge increases or decreases are not subject to the annual adjustment contained in Section 5.3(A). Any dispute regarding the appropriateness of increases shall be resolved pursuant to Article 12 - Disputes. C. Adjustment for Changes in Federal, State and Local Law. The Contractor may increase the fees payable under Section 5.2 for reasonable actual increased costs resulting from changes in federal, state, or local law. For purposes of this Section, "change in law" means any of the following that are related to and required for the provision of Solid Waste Services hereunder, and which become effective at any time after the Effective Date: (1) any new, changed, or revised law, statute, rule, code, regulation, ordinance, or decision, order, decree, or Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 19 of 46 judgment, or (2) the imposition of any material conditions or requirements on the continuation, issuance, or renewal of any permit, license or approval. "Change in law" excludes any change in tax, fee, or surcharge as provided for in Section 5.3(B). The Contractor shall provide notice to the City at least 10 days prior to increasing such fees and the City may request documentation of the reasonable actual increased costs resulting from such changes. If the City requests documentation and Contractor does not or cannot provide such documentation, the Contractor shall not increase fees until Contractor provides such documentation. Any dispute regarding the appropriateness of increases shall be resolved pursuant to Article 12 - Disputes. D. Adjustment for Uncontrollable Circumstances. Upon reasonable agreement of the Parties, the Contractor may increase the fees payable under Section 5.2 for reasonable actual increased costs resulting from Uncontrollable Circumstances. The Contractor shall provide immediate notice of such Uncontrollable Circumstances to the City. The City may request documentation of such reasonable actual increased costs resulting from Uncontrollable Circumstances. The Parties shall work diligently and reasonably towards agreement and shall not unreasonably withhold or delay agreement on any fee increase. The agreed upon fees shall include all actual reasonable increased costs incurred from the date of the Uncontrollable Circumstances. Any dispute regarding the appropriateness of increases shall be resolved pursuant to Article 12 - Disputes. E. Reduced Fees for "Most Favored Customer." Notwithstanding any provision to the contrary herein, the Contractor may use the Transfer Facility to process Solid Waste of any governmental or private entity or person other than the City, Designated Haulers, and Self Haulers, In the event the Contractor enters into an agreement with any governmental entity other than the City to process Solid Waste that requires the Contractor to perform all of the same Solid Waste Services the Contractor is required to perform under this Agreement in the same manner and to the same extent as required under this Agreement, the Contractor shall reduce the Service Fee or Organics Fee under this Agreement to the lower amount provided to the other governmental entity. F. Services Under Emergency Operations Plan. In the event the Contractor implements the emergency operations plan under Article 6, the Service Fee and Organics Fee shall not increase above the rate in effect immediately prior to the date and time of such implementation. G. No Payment for Services Not Performed. The Contractor shall receive no payment for services required under this Agreement which are not provided by the Contractor or its subcontractors, even if such failure is caused by events or occurrences of a nature commonly known as "force majeure" or acts of God or strikes beyond the Contractor's control. 5.4 Fees and Taxes Payable to the City. A. The Contractor shall pay an annual administrative fee to the City equal to $1.25,000 to compensate the City for costs associated with administration of this Agreement and management of Solid Waste within the City. Such fee shall be paid in quarterly installments due within 30 days of the completion of the first calendar quarter of 2015 and within 30 days of the completion of each calendar quarter thereafter throughout the term of the Agreement. The City may alter the Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 20 of 46 fee once each year and shall notify the Contractor of such alteration by December 31 of each calendar year. Any alteration shall not take effect until the first day of the calendar quarter that starts at least 60 Days following such notification. B. The City shall have the right to request review and/or audit of all records related to the tonnages received from Solid Waste generated within the City and delivered to the Contractor and amounts payable and due under Section 5.4(A) at any time. C. The administrative fee payable to the City may be added, as applicable, to the fees set forth in Section 5.2, as adjusted, to make up the total tipping fees that Contractor charges to Designated Haulers and Self Haulers. The amount added to fees shall be based upon the annual projected tonnage of Acceptable Waste. Contractor shall have the right to direct any questions regarding the administrative fee to the City and the City shall be responsible for handling all complaints and inquiries about such administrative fee. Contractor shall be responsible for the collection and delivery of the administrative fee to City to the extent of the amount owed based on total tonnage of Acceptable Waste collected from City Self Haulers and Designated Haulers. Contractor shall collect the City's administrative fee as agent for the City from Designated Haulers and Self Haulers and shall deliver the amount collected to the City as provided in Section 5.4(A). For purposes of calculating taxes on the collection and delivery of the administrative fee, the City's administrative fee is not the income or asset of Contractor for any reason and is paid to and received by the City exclusively because of the exercise of its governmental functions. Contractor shall not have any personal liability to the City for the administrative fee other than the obligation to collect and deliver the administrative fee to the City as set forth in Section 5.4(A). Contractor shall maintain books and records showing that Contractor is acting as agent for the City and that the City is the actual owner of the City administrative fee funds collected by Contractor. D. In addition to the annual administrative fee, if the Contractor receives more than 45,500 tons of Solid Waste at the Transfer Facility, excluding tonnage from loads which consist substantially of commercial Recyclables that are brought to the Transfer Facility for baling, marketing and/or processing, during any calendar year starting with 2015, because of the effect of that volume of tonnage on the facilities in the City, the Contractor shall pay the City a "Right - of -Way Maintenance Fee" equal to $1.00 for each ton of Solid Waste received at the Transfer Facility, except for tonnage from excluded Recyclables as provided above in this Section 5.4(D), during such calendar year over 45,500 tons of such waste. On or before March 15 of each year, commencing March 15, 2016, the Contractor shall pay the City the Right -of -Way Maintenance Fee that is payable based upon the number of tons of Solid Waste that are received at the Transfer Facility, except for tonnage from the excluded Recyclables as provided above in this Section 5.4(D), during the prior calendar year. E. In the event the City imposes a solid waste utility tax or other business and occupation tax on the provision of Solid Waste Services by the Contractor or the Contractor's operation of its solid waste business, the Parties agree that such tax is an after -enacted government tax under Section 5.3(B) and Contractor shall be entitled to increase the fees payable under Section 5.2 for the actual increased costs resulting from such tax. Such tax shall be paid to the City at such time and in such manner as specified in the ordinance imposing such tax. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 21 of 46 ARTICLE 6 EMERGENCIES 6.1 Notification. Any Party with knowledge of circumstances or potential circumstances which could impact the availability of Acceptable Waste, the ability of the Transfer Facility to process Acceptable Waste, Recyclables, Organics, and C&D Waste, the ability of the Contractor to provide Transfer Services, Transport Services, or Disposal Services, or the ability of the Disposal Facility to dispose of, recycle, or compost Acceptable Waste, Recyclables, Organics, and C&D Waste shall promptly notify the other Party. Said notification shall in no case take more than 24 hours after the discovery of the information. Notification shall initially be oral and shall be followed by prompt written notification. 6.2 Emergency Operations Plan. Prior to the execution of this Agreement, the Contractor shall provide to the City a written comprehensive emergency operations plan designed to provide an alternate means of providing Transfer Services, Transport Services, and Disposal Services, to process, transfer, transport and dispose of, recycle, and compost Solid Waste under this Agreement should the Contractor not be able to do so with the originally designated Transfer Facility, Disposal Facility or in the manner originally contemplated. Examples of emergencies which would give rise to use of the emergency operations plan include, but are not limited to Uncontrollable Circumstances that render the Transfer or Disposal Facility inoperable, or government regulatory action that renders the Transfer or Disposal Facility inoperable. Lack of capacity to process Solid Waste at either the Transfer or Disposal Facility due to increased Solid Waste from sources other than the City shall not constitute a valid emergency. The emergency operations plan shall be consistent with the terms of this Agreement and shall be reviewed annually and updated as necessary. A copy of the emergency operations plan is attached hereto as Exhibit "F." 6.3 Implementation of the Emergency Operations Plan. In the event that the Contractor fails or is unable to provide the Solid Waste Services which it has agreed to perform under this Agreement, or is unable to process, transfer, transport to and legally dispose of, recycle, or compost all Acceptable Waste, Recyclables, Organics, and C&D Waste at the Disposal Facility, the Contractor shall immediately implement the emergency operations plan and thereafter immediately notify the City and the Designated Haulers orally, followed by a written notification to the City at the earliest practicable time which shall not exceed 24 hours from the time the emergency operations plan was put into effect. ARTICLE 7 OWNERSHIP OF WASTE 7.1 Ownership. Title to Solid Waste delivered to the Contractor under this Agreement is in the person or entity which arranged for said delivery and provided the Solid Waste. The Contractor may obtain ownership of Solid Waste delivered to the Transfer Facility to the extent provided by law, but only to the extent that Contractor accepts and processes such Solid Waste. Notwithstanding anything to the contrary in this Agreement, title to Solid Waste shall not vest in the City. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 22 of 46 ARTICLE 8 INDEMNIFICATION 8.1 Indemnification and Hold Harmless — Non -Environmental. Contractor 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 and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the breach by the Contractor of any or its representations, warranties or covenants under this Agreement or the intentionally wrongful or negligent acts, errors or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Such duty to defend, indemnify, and hold harmless the City and its officers, agents, and employees shall survive the term of this Agreement. 8.2 Indemnification and Hold Harmless — Environmental. Contractor shall, at its sole expense, defend, indemnify, and hold harmless the City, its officers, agents, and employees, from any and all claims of pollution or other environmental liabilities arising out of the Transfer Services, Transport Services, and Disposal Services provided by Contractor, Contractor's agents, subcontractors, subconsultants, and employees, including any third -party service providers providing Transport Services and Disposal Services or owning any Disposal Facility(s) utilized by the Contractor, for disposal of Solid Waste under this Agreement. Such duty to defend, indemnify, and hold harmless the City and its officers, agents, and employees shall survive the tern of this Agreement until the statute of limitations on any such claims expires which may last. through operation, closure, and post -Closure of any Transfer Facility or Disposal Facility utilized by the Contractor to provide Transfer and Disposal Services under this Agreement. 8.3 General Provisions. The following provisions are applicable to indemnification under Sections 8.1 and 8.2; A. Contractor's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the intentional wrongful acts or sole negligence of City or City's agents or employees. B. Contractor's duty to defend, indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of (1) City or City's agents or employees, and (2) Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants and employees. C. Contractor's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim - related costs and expenses. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 23 of 46 D. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity under this provision extends only to claims against Contractor by City, and does not include, or extend to, any claims by Contractor's employees directly against Contractor. The Parties hereby certify that this indemnification provision was mutually negotiated and agreed to. E. Contractor and the City agree to make and pursue claims against their applicable insurance coverage for all costs and expenses related to third party claims. Nothing in this Agreement shall constitute a waiver or relinquishment of any claims either Contractor or the City may have against their respective insurers, nor shall any provision of this Agreement waive or relinquish any subrogation or contribution rights that Contractor or the City's insurers may have against another insurer or other potentially responsible party. F. In no event shall the Contractor be liable for consequential, special, or incidental damages suffered by the City. ARTICLE 9 INSURANCE 9. L Insurance Required. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. 9.2. Minimum Scope of Insurance. Contractor shall obtain or, as indicated below, arrange for insurance of the types described below: A. Automobile liability insurance covering all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for the City. C. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. Agreement for Comprehensive Solid Waste Transfer, 'transport, and Disposal Services Page 24 of 46 D. Commercial Umbrella Liability Insurance (not "excess only" Umbrella Liability Insurance). E. Pollution Liability Insurance covering bodily injury and property damage to third parties resulting from sudden or gradual pollution occurring during the course of providing any of the Solid Waste Services outlined herein. In the event Contractor utilizes a third -party service provider to provide Transport Services and Disposal Services, including any third -party owned Disposal Facility(s), Contractor shall provide or arrange for the owner of the Disposal Facility to provide the Pollution Liability Insurance required under this Agreement and shall provide evidence of or evidence that such owner has pollution liability insurance in at least the amount provided in Section 9.3(D) for losses arising from the provision of such services and use of such facility(s) for the Solid Waste Services provided under this Agreement. 9.3 Minimum Amounts of Insurance. Contractor shall maintain or, as indicated in Section 9.2(E), arrange for the following insurance limits: A. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. B. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Commercial Umbrella Liability Insurance (not "excess only" Umbrella Liability Insurance) with limits of $5,000,000 each occurrence. D. Pollution Liability (Environmental Liability) with limits of $5,000,000 to be provided by the party required to provide such insurance under Section 9.2(E). 9.4 Other Insurance Provisions. A. The insurance policies are to contain, or be endorsed to contain, the following provisions for all insurance except workers' compensation: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two Business Days of receipt by Contractor. 3. City shall be named as an additional insured. B. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. C. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement for Comprehensive Solid Waste Transfer, 'transport, and Disposal Services Page 25 of 46 Agreement, Contractor shall furnish acceptable insurance certificates to the City Clerk at the time Contractor returns the signed Agreement to the City. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. Contractor shall obtain replacement insurance certificates meeting the requirements herein and furnish such replacement certificates to the City at least 30 days prior to the expiration of the insurance certificate being replaced. D. Insurance Required from Designated Haulers. The City shall, in its contracts with Designated Haulers, obligate them to obtain and keep insurance policies in force with companies and coverages as are customary in the industry. City shall provide copies of all insurance certificates for the Designated Haulers to Contractor within two Business Days of Contractor's request. ARTICLE 10 COORDINATION MEETINGS 10.1 Initial Coordination Meeting. Prior to the commencement of services under this Agreement, the Contractor, City and others requested by either Party shall meet as necessary to discuss Scheduling, processes and any other matters the Parties deem appropriate. 10.2 Periodic Coordination Meetings and Report . The City and the Contractor shall hold periodic coordination meetings, no less than annually, to review the Solid Waste Services being provided, problems and/or complaints made by third parties. Either the City or the Contractor may organize, call and notify the other Party of that meeting. If requested, either Party shall submit a written report to the other Party at least seven days before any meeting regarding operations, problems, complaints or any other matter arising under this Agreement. ARTICLE 11 DEFAULTS 11.1 Contractor Default. There shall be two classes of defaults by the Contractor in its performance under this Agreement: A. Major Default. A Major Default includes: 1. The Contractor's failure to provide Transfer Services, Transport Services and Disposal Services for all Acceptable Waste, Recyclables, Organics, and C&D Waste at the Transfer Facility and Disposal Facility or an alternate facility under Section 3.11 for a period of two consecutive Days provided such failure is not due to Uncontrollable Circumstances; 2. A release or the threat of a release by the Contractor of a Hazardous Substance, as defined by the Comprehensive Environmental Response, Compensation, and Liability Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 26 of 46 Act, 42 U.S.C. 9601 et. seq. as amended ("CERCLA."), or as defined by the Model Toxics Control Act, chapter 70.105D RCW, as amended ("MTCA"), which the City reasonably concludes, in its reasonable discretion, may constitute a release or threatened release of a hazardous substance of such a degree that the United States Environmental Protection Agency or Washington Department of Ecology would be reasonably likely to conduct a remedial action, require remedial action by the City or the generators of the Solid Waste, or impose liability on the City or generators of the Solid Waste; provided that a release or threat of release of a Hazardous Substance as described in this Section 11.1(A)(2) shall not constitute a Major Default or default by Contractor under this Agreement if Contractor: (1) has already begun and is diligently pursuing a response or remedial action as required by CERCLA or MTCA at the time of the City's determination; or (2) following notice from the City of a release or threatened release, Contractor implements a response or remedial action and diligently pursues it as required by CERCLA or MTCA; 3. The situation wherein the emergency operations plan is put into effect, whereupon, the City shall have the reasonable discretion, 10 days thereafter, to determine that Contractor is not implementing the emergency operations plan and is failing to provide Transfer Services, Transport Services, and Disposal Services for all Acceptable Waste, Recyclabies, Organics, and C&D Waste in accordance with the terms of the emergency operations plan., provided such failure is not due to Uncontrollable Circumstances; 4. Except as otherwise permitted herein, the Contractor's assignment of any rights, duties or obligations under or arising from this Agreement without the prior written consent of the City, which consent shall not unreasonably be withheld, conditioned or delayed; 5. Except as otherwise permitted herein, the transfer, conveyance or assignment of a controlling ownership interest in the Contractor, without the prior written consent of the City, which consent shall not unreasonably be withheld, conditioned or delayed; or 6. The filing of any bankruptcy proceeding against or by the Contractor and subsequent proceedings thereafter whether voluntary or involuntary that prevent Contractor from providing the Solid Waste Services under this Agreement, and in the case of a bankruptcy filing against the Contractor or involuntary filing, the Contractor does not have such proceeding vacated or dismissed within 60 days after it is filed. S. Minor Default. A Minor Default includes any other failure by the Contractor to perform its obligations under this Agreement which does not constitute a Major Default. 11.2 Consequences of Contractor Defaults. A. Major Default. In the event of a Major Default, the City shall have the right, in its sole discretion, to immediately: Agreement for Comprehensive Solid Waste 'transfer, Transport, and Disposal Services Page 27 of 46 1. Seek and receive liquidated damages from the date of the Major Default in the amount of $4,000 per day to the date the Major Default is remedied by the Contractor or this Agreement is terminated, whichever comes first. These liquidated damages are not a penalty, but are fixed and agreed upon between the Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that the City would sustain in the event of a Major Default; 2. Terminate this Agreement upon written notice and declare that it is released from its obligations under this Agreement and may use any other method, person or entity to provide the services required under this Agreement or substitutes therefore and may seek any legal or equitable relief permitted by law; 3. Use any other method, person or entity to perform the services required under this Agreement or substitutes therefore without the Contractor being released from its obligations under this Agreement; 4. Seek the judicial remedy of specific performance; 5. Foreclose on the Surety in accordance with this Agreement. The City shall reduce the amount received from foreclosure on the Surety by the amount of any liquidated damages received; or 6. Pursue any combination of the foregoing or any other remedy provided under this Agreement or by law. B. Minor Default. In the event of a Minor Default, the Contractor or Surety shall be permitted to remedy the Minor Default within 30 days of the City sending written notice and if Contractor does not remedy the Minor Default within such time period, or if such Minor Default is not susceptible to cure within such 30 day period, if Contractor shall fail to commence and diligently pursue such cure to completion within the period of time which is reasonably necessary to complete such cure, then the Contractor shall pay to the City liquidated damages in the amount of $1,000 per day from the date that is the last day of such 30 day or reasonable cure period to the date the Minor Default is remedied, These liquidated damages are not a penalty, but are fixed and agreed upon between the Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that the City would sustain in the event of a Minor Default. If the Minor Default is not remedied within 30 days after the expiration of the initial 30 day or reasonable cure period, the City may, at its sole discretion: 1. Terminate this Agreement and obtain alternative services; 2. Seek the judicial remedy of specific performance; 3. Foreclose on the Surety in accordance with this Agreement. The City shall reduce the amount received from foreclosure on the Surety by the amount of liquidated damages received; or Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 28 of 46 4. Pursue any combination of the foregoing or any other remedy provided under this Agreement or by law. If a Minor Default is not remedied within 90 days of its occurrence, the City may, at its sole option, exercise any of the remedies set forth for remedy of a Major Default under this Article. 11.3 Default Procedure. A. Notice of Default. Except as otherwise provided for in this Agreement, the City's representative shall give written notice to the Contractor's representative and its Surety provider of the City's determination of default and intention to declare the Contractor in default. The Notice shall specify the factual basis for the determination of default, the effective date of the determination of default, and the remedy(s) selected by the City. B. Show Cause. The Contractor may request to show cause why it should not be declared in default, which may be allowed in the sole discretion of the City. in the event the City allows the Contractor to show cause, the Contractor shall provide written explanation to the City Manager, City Representative, and a third member from the City selected by the City Manager and City Representative. After considering the written explanation, the City Manager, City Representative and third City member shall confer and may declare the Contractor in default and notify the Contractor and Surety provider of such declaration. Any appeal of such determination shall be resolved through litigation filed in the Superior Court of Spokane County, Washington. C. Cure and Appeal. For Minor defaults, the time period for curing such defaults shall begin to run on the date the City gives initial notice of default, or in the event the Contractor elects to show cause, on the date of the final declaration of default. Absent a specific order from a superior court judge, the remedy(s) sought by the City and time period for cure as allowed under this Agreement shall not be stayed pending the appeal process. 11.4 City Default. A. General. For each and every event of default by the City, the City shall be permitted to remedy the default within 30 days of the Contractor sending written notice and if the City does not remedy the default within such time period, or if such default is not susceptible to cure within. such 30 day period, if the City shall fail to commence and diligently pursue such cure to completion within the period of time which is reasonably necessary to complete such cure, the Contractor shall have available to it all remedies to the extent provided by law. B. Actual Damages. For each and every default by the City, the Contractor, in its discretion, shall be entitled to recover its actual reasonable damages. Except as otherwise set forth in this Agreement, nothing herein shall create an obligation for the City to pay for any of the Solid Waste Services to be provided under this Agreement. 11.5 No Waiver by City. Nothing in this Agreement, and no actions taken pursuant to this Agreement, shall constitute a waiver or surrender of any immunities, rights, remedies, claims, or causes of action the City may have against the Contractor or its Surety provider under Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 29 of 46 any other provision of this Agreement or any provision of law, subject to the terms of this Agreement. ARTICLE 12 DISPUTES 12.1 Informal Negotiation. Should a dispute arise between the Parties, they shall initially attempt to resolve the dispute through informal discussion and negotiations. Each Party may designate one or more representatives for such discussions and negotiations. Each Party shall use good faith efforts to attempt to resolve the dispute through such discussions and negotiations. 12.2 Mediation. If the Parties cannot resolve the dispute through informal discussions and negotiations, either Party may submit a dispute notice to the other that they believe the negotiations cannot resolve the dispute and mediation is required. A dispute notice may not be submitted until at least 30 days have passed since informal discussion and negotiations began. Within 7 days from the dispute notice, the Parties shall by agreement select and designate a trained mediator to serve as a mediator in the dispute. The mediator so designated shall fix the time and place for the mediation, which date shall not be later than 14 days from the date the mediator was selected, and shall give the Parties at least five Business Days written notice of the initial mediation session. The mediator shall meet with the Parties until either (A) the dispute is resolved, or (B) the mediator determines that further meetings will not likely result in a resolution by agreement. 12.3 Judicial Review. Any dispute that cannot be resolved under the informal negotiation or mediation process shall be resolved by litigation filed in the Superior Court for Spokane County, Washington, unless otherwise required by federal or state law. 12.4 Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be Spokane County, State of Washington. 12.5 Cost and Attorney's_Fees. The prevailing Party in any litigation arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). Costs of mediation shall be born equally by both Parties. ARTICLE 13 CONTRACTOR 13.1 Contractor as Independent Contractor. The Contractor shall perform all work under this Agreement as an independent contractor. The Contractor is not and shall not be considered an employee, agent, sub -agent or servant of the City for this Agreement or otherwise; the Contractor's subcontractors, employees or agents are not and shall not be considered employees, agents, sub -agents or servants of the City for this Agreement or otherwise. The Contractor shall have exclusive control of and the exclusive right to control the details of the Solid Waste Services and work performed under this Agreement and the City shall have no ability to control the day-to-day operation of the Transfer Facility, or the provision of Solid Waste Services. The Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services rage 30 of 46 City shall not be responsible for any injuries, accidents or other mishaps associated with the Transfer Facility's operations, the provision of Solid Waste Services, or the operations of any subcontractor or third -party service provider. The Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing in this Agreement shall be construed as creating a partnership or joint venture between the Contractor and the City or as giving the City a duty to supervise or control the acts or omissions of the Contractor or any other person performing services or work under the Agreement. 13.2 Use of Subcontractors or Third -Party Service Providers. The Parties have contemplated the Contractor's use of third -party service providers or subcontractors for the provision of some or all of the Solid Waste Services to be provided pursuant to this Agreement. The Contractor shall provide names and contact information for all third -party service providers or subcontractors to the City prior to such providers or subcontractors commencing any work. The use of third -party service providers or subcontractors shall not relieve the Contractor from any of its responsibilities under this Agreement and Contractor shall be liable for any failure of the third -party service provider or subcontractor to perform which causes a default under this Agreement. 13.3 Cooperative Services. This Agreement may be used by other government agencies. By entering into this Agreement, the Contractor agrees to make substantially the same Agreement services, terms, and fee rates available to other such governmental agencies if they so desire, subject to issues specific to the other governmental agencies, including but not limited to changes necessary due to greater or lesser tonnage amounts (e.g., modifications to the performance bond amount or liquidated damages) and the particular administrative fee that may be sought. The City shall in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchases or services received by such agencies. ARTICLE 14 SUCCESSORS, ASSIGNMENT 14.1 Contractor Delegation. The City executes this Agreement with the Contractor as a uniquely qualified party to provide the Solid Waste Services. The Contractor's delegation of any Agreement duties shall be subject to this Agreement. Any delegation of duties shall not relieve the Contractor or the Surety provider of any liability and/or obligation under this Agreement. 14.2 Assignment. Except as Solid Waste Services may be provided by subcontractors or third -party service providers in accordance with Sections 3.3, 3.4 or 13.2, this Agreement is not assignable voluntarily, involuntarily or by process of lave, without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. Unless specifically approved in writing by the City, any assignment shall not relieve the Contractor of its obligations, duties and liabilities hereunder. 14.3 Asset in Bankruptcy. In no event shall this Agreement be, or be treated as, an asset of the Contractor after adjudication of bankruptcy. The City shall not be bound to this Agreement by any trustee or receiver appointed to enter into or take possession of the Transfer Facility or otherwise. Agreement for Comprehensive Solid Waste Transfer, 'transport, and Disposal Services Page 31 of 46 14.4 Transfer of Ownership. Except as provided below, there shall be no transfer of a controlling ownership interest in the Contractor without the prior written approval of the City, which consent shall not be unreasonably withheld, conditioned or delayed. For purposes of this section, "transfer of a controlling interest in the Contractor" shall mean the transfer or assignment of 49 percent or more of the beneficial ownership of the Contractor to or from a single entity; however, the following transfers or assignments shall not be construed as a "transfer of a controlling interest in the Contractor": transfers or assignments between individuals who own, in whole or in part, the Contractor or the parent company or any subsidiary of Contractor, including transfers or assignments between or to (1) the individuals who own, in whole or in part, the Contractor or such parent company or any subsidiary, (2) the spouses, surviving spouses and linear descendants (including adopted children) of the persons described in (1) above, (3) a trust, estate, corporation, partnership, or other entity owned by or for the persons described in (1) or (2) above, and (4) a corporate trustee designated to act in a fiduciary capacity for the estate or trust of any person described in (1) or (2) above. Notwithstanding the foregoing, the City may, in its discretion, determine that new ownership can adequately and faithfully render the Solid Waste Services called for in this Agreement for the remaining term of this Agreement, and the City may elect to execute a novation, allowing new ownership to assume the rights and duties of this Agreement and releasing the previous ownership from all obligations and liability. The new ownership would then be solely liable for any Solid Waste Services and./or claims related to this Agreement. 14.5 Binding Effect. This Agreement shall be binding on any and all successors or assignees unless and until terminated by the City in accordance with the terms of this Agreement. ARTICLE 15 TERM 15.1 Term of Aareement. This Agreement shall commence on the Effective Date, and, unless extended pursuant to Section 15.2, shall automatically expire on December 31, 2024. 15.2 Extension. This Agreement may be extended by mutual written consent of the Parties for two three-year increments under the same terms and conditions as provided herein. The City shall give at least 180 days' written notice prior to the expiration of the applicable term of its desire to (A) extend this Agreement under the same terms and conditions, (B) terminate this Agreement and renegotiate a new agreement, or (C) terminate this Agreement. The Contractor shall provide a written response within 30 days of receipt of the City's notice. The Contractor's response shall (A) accept the extension, (B) decline the extension under the same terms and state the Contractor's desire to negotiate a new agreement, or (C) acknowledge termination of the Agreement as provided in Section 15.1. If the Parties desire to negotiate a new agreement, this Agreement may be extended under the same terms and conditions as provided herein until the effective date of the new agreement with written mutual consent of both Parties. 15.3 Termination. Except as provided in Article 11 -- Defaults, this Agreement may be Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 32 of 46 terminated prior to the complete term only upon written mutual agreement by the Parties. ARTICLE 16 CONTRACTOR AND CITY REPRESENTATIVES; NOTICES 16.1 Emergency Contact. The Contractor and the City shall each designate and provide, for the term of this Agreement, a 24-hour emergency contact telephone number. The emergency contact telephone number shall be provided in writing to the representatives of each Party prior to the effective date of this Agreement. 16.2 Contractor Representative: Notices. For purposes of receiving notices, the Contractor's representative is: Marc B. Torre President Sunshine Recyclers, Inc. dba Sunshine Disposal & Recycling 2405 North University Road Spokane Valley, Washington 99206 Email: marct@sunshinedisposal.com Telephone: 509 252-9060 Telefax: 509 252-9069 All notices, other than notifications of emergencies, shall be in writing to the Contractor's representative at the physical or electronic mail addresses provided above. 16.3 City Representative, Notices. All notices, other than notifications of emergencies, shall be in Writing to the City at the following address: City of Spokane Valley Attn: City Clerk 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 The City Manager, or his or her designee, shall receive the notices and carry out the responsibilities of the City Representative provided herein. 16.4 Representatives for Notices_ manly. The representatives identified in Sections 16.2 and 16.3 shall not have the authority to alter this Agreement or bind either Party to any terms not contained in this Agreement. 16.5 Changepresentative. The Parties shall promptly notify each other in writing of any change in the person designated as the Contractor's or the City's representative or any change in address for receipt of notification. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 33 of 46 ARTICLE 17 MISCELLANEOUS 17.1 Aptjicable Law. This Agreement shall be administered, construed and enforced in accordance with the laws of the State of Washington. 17.2 Entire Agreement. This Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. 17.3 Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of any value from any person with an interest in this Agreement. 17.4 Time of Essence. Time limits stated in this Agreement are of the essence. No waiver of the Agreement time limits or schedule dates is to be implied from either Party's failure to object to untimely performance under this Agreement. Any waiver of time limits or schedules shall not be construed as a waiver of future time limits or schedules. 17.5 No Third Party Beneficiaries. This Agreement is entered into by the City in its governmental capacity and is not intended nor does it create any third party beneficiary or other rights in any private person, company, entity, or other organization, nor does it create any third party beneficiary or other rights in any public municipality or other governmental entity except as otherwise provided herein. 17.6 Amendment. Except as otherwise provided herein, this Agreement may only be amended in writing by both Parties. 17.7 Waivers. No officer, employee, agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by lave, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 17.8 Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 17.9 Exhibits. Exhibits attached and incorporated into this Agreement are: A. Transfer Facility, Disposal Facility, Times and Days B. Education and Public Outreach Programs Agreement for Comprehensive Solid Waste Transfer,. Transport, and Disposal Services Page 34 of 46 C. Performance Standards D. Customer Service Plan E. Form of Surety F. Emergency Operation Plan G. Insurance Certificates Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 35 of 46 The Parties have executed this Agreement this 4th day of June, 2014. CITY OF_SPOKANE VALLEY Manager 4AT ES Kristine Bainbridge, City Clerk Contractor: By: M c Torre Its: Authorized Representative APPROVED AS TO FORM: e?', - 0� - -- Office of e xty Attorney Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 36 of 46 Exhibit "A" Transfer Facility The Contractor has identified the following as the Transfer Facility: The Sunshine Transfer Station and Recycle and MRW Station located at 2405 North University Road, Spokane Valley, Washington 99206. Operation of Transfer Facility The Contractor shall provide Transfer Services at the Transfer Facility to allow Self Haulers and Designated Haulers to deliver Solid Waste during the following days and times: Monday through Sunday, 7:30 a.m. through 5:00 p.m., excluding the following designated holidays: New Years' Day, Memorial Day, Easter, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. Disposal Facility The Contractor has identified that Acceptable Waste, C&D Waste, and Special Waste shall be disposed of at one or more of the following sites: Wenatchee Landfill, 191 Webb Road, Wenatchee, Washington 98802 Roosevelt Regional Landfill, 500 Roosevelt Grade Road, Roosevelt, Washington 99356 Graham Road Landfill, South 1820 Graham Road, Medical Lake, Washington 99022 Recyclables, Organics, and MRW shall be recycled, composted, and disposed of at one of the sites listed above or other sites as determined by market rates and in accordance with applicable Federal, State, and local law. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services page 37 of 46 Exhibit "B" Education and Public Outreach Programs City and Contractor shall collectively work together to develop an education campaign. The City shall be responsible for all costs of providing education related to the Solid Waste Services provided by Contractor herein. The Parties shall develop an educational campaign that outlines the operations of the Transfer Facility, including location, hours of operation, services provided, and customer service hotline number and the date for commencement of services. Such campaign shall be made to fully inform the citizens of the City and may include brochures mailed to all households and businesses within the City, postings at the scale houses of the Transfer Facility, publication or inclusion of advertisement inserts in local newspapers, and radio advertisements. The education campaign shall begin no later than September 1, 2014 and shall run at least through commencement of services on November 17, 2014. City and Contractor shall develop a website detailing operations of the Transfer Facility, including location, hours of operation, services provided, and customer service hotline number. The Parties may utilize the existing websites for the City and Contractor, provided both shall be updated to reflect the Solid Waste Services provided herein. Contractor shall work with City to assist it in providing ongoing education on recycling and waste diversion options, which may include providing materials and outreach visits to schools within the City, brochures, and material on the website. Contractor shall work with City to assist it in providing ongoing education on Unacceptable Waste and locations and methods to properly dispose of Unacceptable Waste on the website and by materials, such as brochures or postings, available at the Transfer Facility. Notwithstanding anything in this Exhibit B, City shall be responsible for costs of all educational materials. Agreement for Comprehensive solid Waste Transfer, Transport, and Disposal Services Page 38 of 46 Exhibit "C" Performance Standards In performing the services under this Agreement, Contractor agrees to the following; 1. All interior access drives, parking areas and vehicle maneuvering areas shall be paved. 2. The Transfer Facility shall be fenced to prevent unauthorized access during non -operating hours and to prevent off -site migration of litter. 3. Adequate commercial grade and professional -looking signage, traffic control devices (such as cones or jersey barriers) and Transfer Facility personnel shall be provided to direct Designated Haulers and Self Haulers to the appropriate tipping areas. 4. Sufficient equipment shall be provided at all times to handle Solid Waste and to efficiently and safely operate the Transfer Facility. 5. Contractor shall ensure a sufficient number of employees shall be provided, on hand and working at all times so as to handle all Solid Waste being directed to the Transfer Facility, including a sufficient number of employees to accept and process MRW and Recyclables, to efficiently and safely operate the Transfer Facility, and to assist Self Haulers with the proper unloading of Solid Waste. 6. Contractor shall meet the objectives and requirements of the Customer Service Plan on Exhibit "D " 7. Acceptable Waste shall be removed continuously throughout the operating day to reduce potential for odors and to provide adequate tipping floor space for. Designated Haulers and Self Haulers. Acceptable Waste shall be removed from the Transfer Facility tipping floor within 72 hours of its acceptance by the Contractor. 8. The tipping floor and public access areas shall be cleaned as necessary to prevent build-up of Solid Waste residues and to provide Designated Haulers and Self Haulers with a safe and orderly Transfer Facility. 9. The Transfer Facility and University and Oberlin Road in the vicinity of the Transfer Facility shall regularly be patrolled to collect litter. 10. Contractor shall use its good faith efforts to process Designated Haulers and Self Haulers in an efficient and timely manner so that processing times are reasonable given the then - occurring volume of haulers. The Parties agree that in normal operating conditions, on -site processing times (including vehicle queuing) for Designated Haulers and Self Haulers shall be no more than 30 minutes. 11. Contractor shall ensure that no vehicles are queued into Montgomery Avenue except to the Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 39 of 46 extent such queuing arises from Uncontrollable Circumstances. 12. Snow accumulations shall be promptly cleared and/or removed to permit Designated Haulers and Self Haulers reasonable access to and use of the Transfer Facility, Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 40 of 46 Exhibit "D" Customer Service Plan 2405 N University Road Spokane Valley, WA 99206 (509) 924-5678 Customer Service is essential when providing safe, efficient and economical recycling and disposal services. It is the Goal of Contractor to answer questions and resolve customer issues at the initial point of contact with our employees and/or managers. The following procedures will be utilized at the Spokane Valley University Road Transfer Station, which has been identified as the primary Transfer Facility. Customer Service Center Customer Service Center Location Contractor owns and operates a Customer Service Call Center located at 2405 N. University Road in the Spokane Valley. The call center services only Contractor's customers and is the focal point for all questions and concerns regarding refuse collection and transfer station operations. The Call Center operates from 8:00 am to 5:00 pm Monday through Friday. The Call Center is closed on major holidays which include: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. Customer Service Structure Staffing levels at our Customer Service Center are determined by call volume. Contractor is committed to adjusting the staffing levels at our Customer Service Center to ensure timely response to all phone inquiries. All staffing is hired locally. The current staff level consists of (1) Chief Financial Officer, (1) supervisor, (4) customer service representatives and (3) scale house operators. Customer Service Operations Our locally hired Call Center Representatives (CSR's) bring with them a familiarity of how refuse is collected and disposed of within Spokane County. They also have a basic understanding of the road networks of the communities they serve. For this reason they are better equipped to connect with the customer they are assisting by answering their questions more quickly and accurately. Each CSR station is equipped with a networked computer to assist them with answering questions and documenting customer questions and complaints. This system allows for the documented questions and complaints to be sent to managers in the field or at the corporate level. Having this ability assists us in addressing the needs of the customer in real time. Performance by our CSR staff is measured by a regular review by the senior customer service specialist of all account changes made during the previous day. Calls are periodically monitored to ensure our staff is correctly trained to resolve customer inquiries. We utilize side by side Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 41 of 46 monitoring to provide our staff immediate feedback. Calls are answered in approximately 20 seconds. During periods of heavier call volume, customers have the choice to receive a return phone call. They can simply input their phone number into our system and not lose their place in queue. In the event a CSR is unable to answer a customer's question or resolve an issue the CSR has the ability to route the customer call to the senior customer service specialist or a manager. In the event the manager is not available he/or she will return the customers call as soon as possible or by the end of the business day. Spokane Valley University Road Transfer Station Website To assist customers with answering questions and resolving issues Contractor will have a website solely devoted to the Spokane Valley University Road Transfer Station. The website will explain how each component of the Transfer Station functions: its hours of operation, commonly asked questions, and how to contact us. In the section regarding on How to Contact Us there will be a Call Center phone number and listed e-mail address. The e-mail address will be routed to the Call Center for answering questions and concerns by the CSR's. The CSR's will check for a -mails from the website throughout the day and before the close of business. b-mails addressed to managers will go through the CSRs first before being routed on. In the event the manager is not available he/or she will return the customer's e-mail as soon as possible or by the end of the business day. Scale House Attendants It is the function of the Scale House Attendants to weigh vehicles entering and exiting the Transfer Station, answering customer questions, giving directions, coordinating traffic and receiving money. To assist the scale house attendants with moving customers through the facility all scale houses will be equipped with brochures that explain Transfer Station operations. In the event a scale house attendant cannot answer a customer's question or resolve an issue the scale house attendant will notify the onsite supervisor. The onsite supervisor will work with the customer to answer the question or resolve the issue. If there is a dispute over money between the Scale House Attendant and a customer, the internal scale house camera will be reviewed by the onsite manager for resolution. SpotterlScreener It is the function of the SpotterfScreener to make sure all customers are disposing of items that Contractor can legally accept. In the event that an item cannot be disposed, the onsite manager will be contacted to discuss this issue with the customer. The ultimate goal of the conversation is to find a solution to their disposal needs. It is also the responsibility of the spotterlscreener to educate and assist customers with recycling, Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 42 of 46 directing traffic and assuring that safety policies related to the public and commercial customers are being followed. Moderate Risk Waste Technician It is the function of the Moderate Risk Waste Technician to assist the public with handing their moderate risk waste. In the event we receive a hazardous waste material that we cannot legally accept the onsite supervisor will be called to discuss this issue with the customer. The ultimate goal of the conversation is to find a solution to their disposal needs. Agreement for Comprehensive solid Waste Transfer, Transport, and Disposal Services Page 43 of 46 Exhibit "0' Form of Surety Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 44 of 46 PERFORMANCE BONG BotidNiunber: WAC48217 AnnualForm KNOW ALL BY THESE PRESENTS, That we Sunshine Recyclers, laic. , as principal, and Merclutnts Bonding Conl any (Mutual) , of Iowa , authorized to do business in the State of Iowa , as Surety, are held and firmly bound unto City of Spokane Wile as Obliges, in the maximum penal sum of One Minion and no/] 00ths Dollars (S1,000,000. _), lawful money of tiie United States of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by this Bond. WHEREAS, the Principal has entered, or Is about to enter, Into a written agreement with the Obliges to perform in accordance with the terms and conditions of the Solid Waste Trousfer. Transport,nd Disposal rvices , (hereinafter referred to as the Contract), said Contract is hereby referred to and made a part hereof; NOW, THEREFORE, the condition of this obligation Is such that if the above reamed Principal, its successors and assigns, shah well and truly perform Its obligations as set forth in the above mentioned Contract, then this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions: It, Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of June 16, 2014 to ]ant 15, 2015 , The Bond may be extended, at the sole option of the Surety, by continuation certificate for additional periods from the expiry date Hereof. However, neither: (a) the Surety's decision not to Issue a continuation certificate, nor (b) the failure or Inability of the Principal to file a replacement band or other security in the event the Surety exercises Its right to not renew this Bond, shall itself constitute a loss to the Obligee recoverable tender this Bond or any extension thereof. 2. The above referenced Contract has a term ending lane 15, 2015 . Regardless of the number of years this Bond Is in force or the number of continuation certificates Issued, this Bored shall not be extended beyond hine 15, 2015 , unless earlier nonrenewed pursuant to paragraph f above. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this Instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the bond term. d. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of the Surety shall not be cumulative In amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider. 6. Any notice, demand, certification or request for payment, made under this Bond shall be made in wriling to the Surety at the address specified below. Any demand or request for payment must be made prior to the expiry date of this Bond. Surety Address: h4creliants Bonding Company (Mutual) 2100 Ficur Drive Des Moines, lowa 50321-1.1_58 Attn: CI,,,inis pelmriment 6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Contract, then the terms of this Bond shall prevail. SIGNED, SEALED AND DATED this 15tit day of June 2014 Sunshine Recyclers, Inc. By: By:-, CON 0685 (4113) t _ T Principal Bona itg.CoJlnpany (Mutual) A Dnvis , Attorney -In -Fact MERCHANiI7!!� BONDING COMPANYi,� POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL. BONDING, INC., both being corporations duly organized under the taws of the State of Iowa (lierein collectively called the 'Companies"), and that the Companies do hereby make, constitute and appoint, individually, Jaclyn R Kruse; John R Mostoller; Marla J Davenport; Michael Button, Pamela R Urlacher; Susan L Bynum; Thomas VA Davis; William H Davis of Spokane and Stale of Washington their true and lawful Attorney-in•Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver In their behalf as surely any and all bands, undertakings, racognizances or other written obligations In the nature thereof, subject to the iinillation that any such instrument shall not exceed the amount of - THREE MILLION ($3,000,000.00) DOLLARS and to bind ilia Cornpa riles thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all ilia acts of said Attorney -In -Fact, pursuant to ilia authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of (lie following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual} on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "Tice President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys- in -Fact, and to authorize them to execute an behalf of the Company, and allach the seal of the Company thereto, bonds And undertakings, recognizances, contracts of indemnity and other wrilings obligatory in ilia nature thereof. The signaturo of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmisslon to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of ilia Company, and such signature and seal when so used shall have ilia same force and effect as though manually fixed." in Witness Whereof, Ilia Companies have caused this Inslrurnent to be signed and sealed this 4th clay of October , 2013. STATE OF IOWA COUNTY OF POLK as. \1l`li,l ..Ir f.�{ t`�h-�' .C+ti •y14�, do's 4.� "• ,•.af-'�1111Yf1511j11 j11,+ MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By �'7 President On this 41h day of October , 2013. before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that lie is President of Ilia MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that tire seals affixed to the foregoing instrument Is the Corporate Seals of the Companies; and that the said ins€rumeril was slgned and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto sot my hand and affixed nay Official Seal at the City of Des Moines, Iowa, the day and year first above written. f t MARANDA GREENWALT ,,"I" r Commission Number 770312 My Conimisslon Exlilros actober 28, 2014 Nofery Public, Polk County, Poiva STATE OF IOWA COUNTY OF POLK ss. 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companles, which is still to lull force and effect and has not been amended or revoked. j4aess Wher of, i hays hereon€RR &&t ny hand Oils j 11dayof JUnE! G�A� . POA0014(1V1) ',,,.y��..•yY1.1'rJZ`•+'• !d�llfr,i111115tii11 and affixed the seal of (lie Companies on Secretary Exhibit "F" Emergency Operations Plan Transfer Facility The Kootenai County Solid Waste Department has agreed to allow Sunshine Disposal & Recycling to direct refuse trucks to Prairie Transfer Station for loading of intermodal containers and/or transfer trailers on an emergency basis. The Prairie Transfer Facility is located at 15580 W Prairie Ave, Post Falls, ID 83854. The Prairie Transfer Station is an emergency back up to Sunshine's Spokane Valley University Road Transfer Station and will only be utilized if there are circumstances that prohibit the University Road Transfer Station from accepting waste from the designated hauler as provided in Article 6. The emergency operations plan anticipates that the public will be allowed to continue to utilize the Spokane Valley University Road Transfer Station. If the emergency plan has to be activated, Sunshine will provide Self -Haulers access to front load and roll off containers to fulfill the Self -Haul customers disposal needs. These containers will be serviced by Contractor's refuse trucks which will also be routed to the Prairie Transfer Station. Disposal Facility Contractor utilizes and has access to different regional landfalls throughout the Northwest as its Disposal Facility, including the Greater Wenatchee Regional Landfill, Graham Road Regional Landfill, and Roosevelt Regional Landfill. If a regional landfill experiences an event that prohibits receipt of Acceptable Waste, pursuant to Article 6, the Emergency Operations Plan will to be activated and the Acceptable Waste will be diverted to an alternative landfill. Contractor will divert Acceptable Waste to the back-up landfall until the primary landfill re -opens for receipt of Acceptable Waste. Agreement for Comprehensive Solid Waste Transfer, Transport, and Disposal Services Page 45 of 46 Exhibit "0' Insurance Certificates Agreement for Comprehensive Solid Waste Transfer, 'Transport, and Disposal Services Page 46 of 46 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: 2024 Recreation, Aquatics and Parks Season Preview GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The Parks and Recreation Department is preparing for the upcoming spring and summer season. The recreation division is busy hiring seasonal staff, planning events and programs, and informing the community of the diverse set of opportunities offered throughout the City parks system. Recreational opportunities range from registration -based programs to free community events, providing a variety of affordable activities to do for both youth and adults. The recreation division also works with many different contracted entities to provide recreational services, including the operation of our outdoor pools. Staff is working diligently with the YMCA team to prepare to open our pools at Park Road, Terrace View Park, and Valley Mission Park on June 15cn The parks division began taking 2024 shelter reservations and special event applications on the first business day of the year. The whole team is working to make sure Spokane Valley's parks are ready for the warm summer months and the uptick of activity that comes with the season. Tonight, staff will provide the Council with an update on 2024 recreation, aquatics, and park programs and what to look forward to for the Spring and Summer seasons. OPTIONS: Council Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: Recreation programs are designed to cover program expenses through revenues collected. STAFF CONTACT: Kendall May, Recreation Coordinator ATTACHMENTS: PowerPoint Presentation V1� L 06 ■ O cr ca Q ■ L O O L) L O 0 ca O � ca ca d Y v 4"E" m U) Q U) U Q Ot Q Z 0 LU w U LU Al 104 cww4a:z O �. c� a� a LLJ o > � ry -0 O N C O N (6 (n CO CO m LL cncn E N 70 O LL U (D U) E06 L O1cn U N U -0 D N D (Dm (DU) Q O Q LL n c O L.- c O M (D 0) >, c� 0 L a (6 (D °� cn N (DU o O Q Q m U N O o 0 � Q (n L D O 0 Q a U 0 CD 0 (6 U - D O 0 O O O ♦� ♦ �� U 0 � U O r .Q Cl) W O � > (0 W ai 0 _ N > U C 0 .. o WOW FoE2��[ > -O 0 t� 0 ,O- O (6 O W N Q Q W N 'O in � Q U O 7 (6 WV //^�� O m +� U N Qi (� Q m N i LL 0 U o 2 E > LL O O N i (o o o c s O }, W O � U T o 0 I..L O 7 J _0 L N T U G E E N m m Fu O OOw co O U � N VI N LIJ cl C= - vs iA E 0 o a` �y o �rJl o ZN O i L a� Q L ° Q a co L 0Lp i co U_ d N co O W �' o M J c� LU 7 � *k Q�QU) U) C C O N U) U) co U co E� LO O O N co N Co w o } o c o� O E co Y co d 0 co co *k N C 0- CD 0 co 0) C C co 0- a) 0 co O L O) O ^L co LL O U N CoN 0 J N � � N 0 U J (n N IG a£ CL N J s+ R NO 0 d� NvN 6 O .0 Cis CV �O C 0 z U) L i cc a. 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Z W (� W J J a. Q � a. Q pC W V ad c co c O U) O 0 Y L Mco W a� U ° ° O d O O a) U U Q a� Co c Co co 0 Y � O U s.� I- N Y DRAFT ADVANCE AGENDA as of April 17, 2024; 9:00 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings April 30, 2024 Study Session, 6:00 p.m. [due Tue April 231 Proclamation: AAPI Heritage Month & Older Americans Month 1. Ordinance 24-00 : First Read for Comp. Plan Amendment - Levi Basinger (5 minutes) 2. Resolution: 24- : Balfour Park RCO Grant - John Bottell] (10 minutes) 3. Motion Consideration: Potential Opioid Settlement Agreement - Tony Beattie (10 minutes) 4. Motion Consideration: Cross Country Course Contract Award - Mike Basinger (10 minutes) 5. Motion Consideration: Bowdish Road Project - 12t1i Avenue to 231d Avenue Bid Award - Erica Amsden (10 minutes) 6. Motion Consideration: Sprague Avenue Stormwater Project Bid Award - Rob Lochmiller (25 minutes) 7. Admin Report: Public Defense Caseload Standard Update - Tony Beattie, Morgan Koudelka (20 minutes) 8. Admin Report: Interlocal Agreement with Spokane Transit Authority - Bill Helbig (10 minutes) 9. Admin Report: Potential Grant Opp: Active Transportation Infrastructure Investment Program - Jackson (10 minutes) 10. Advance Agenda - Mayor Haley (5 minutes) [*estimated meeting: 115 mins] May 7, 2024 Study Session, 6:00 p.m. [due Tue April 301 1. Ordinance 24-00 : Second Read for Comp. Plan Amendment - Levi Basinger (5 minutes) 2. Admin Report: Rayce Rudeen Foundation - Erik Lamb, Marsha Malsam (30 minutes) 3. Admin Report: Resolution 24-OOXX: Letters of Support - Virginia Clough (10 minutes) 4. Admin Report: Pot. Grant Opp. - Pedestrian Bicycle Prgm & Safe Routes to School Prgm- A. Jackson (10 minutes) 5. Admin Report: Street Vacation Update STV-2024-001 - Lori Barlow (5 minutes) 6. Admin Report: Street Vacation STV-2024-002 (5 minutes) 7. Admin Report: 2024 Budget Amendment - Chelsie Taylor (10 minutes) 8. Advance Agenda - Mayor Haley (5 minutes) [*estimated meeting: 80 mins] May 14, 2024 Formal Meeting, 6:00 p.m. [due Tue May 71 Proclamation: National Police Week 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Ordinance 24-00 : First Read- STV-2024-001 - Lori Barlow (5 minutes) 3. Motion Con: Potential Grant Opp. - Pedestrian Bicycle Prgm & Safe Routes to School Prgm - A. Jackson(5 minutes) 4. Motion Con: Potential Grant Opp: Active Transportation Infrastructure Investment Program - A. Jackson (5 minutes) 5. Admin Report: Post -Session Report/Presentation - Virginia Clough, Briahna Murray (30 minutes) 6. Admin Report: 6-Year Transportation Improvement Program - Adam Jackson (10 minutes) 7. Advance Agenda - Mayor Haley (5 minutes) [*estimated meeting: 65 mins] May 21, 2024 Study Session, 6:00 p.m. [due Tue May 141 1. Public Hearing: 2024 Budget Amendment - Chelsie Taylor (10 minutes) 2. Ordinance 24-00 : First Read 2024 Budget Amendment - Chelsie Taylor (5 minutes) 3. Ordinance 24-00 : Second Read- STV-2024-001 - Lori Barlow (5 minutes) 4. Advance Agenda - Mayor Haley (5 minutes) May 28, 2024 Formal Meeting, 6:00 p.m. [due Tue May 211 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda - Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report June 4, 2024 Study Session, 6:00 p.m. [due Tue May 281 1. Ordinance 24-00 : Second Read - 2024 Budget Amendment - Chelsie Taylor (5 minutes) Draft Advance Agenda 4/18/2024 2:36:20 PM Page 1 of 2 2. Admin Report: Presentation Aging & Long Term Care — Lynn Kimball (15 minutes) 3. Advance Agenda — Mayor Haley (5 minutes) June 11, 2024 BUDGET WORKSHOP 8:30 a.m. — 3:00 p.m. [due Tue June 41 1. BUDGET WORKSHOP June 18, 2024 Study Session, 6:00 p.m. [due Tue June III 1. Public Hearing: 6-Year Transportation Improvement Program — Bill Helbig (20 minutes) 2. Motion Consideration: 6-Year Transportation Improvement Program — Bill Helbig (5 minutes) 3. Advance Agenda — Mayor Haley (5 minutes) June 25, 2024 Formal Meeting, 6:00 p.m. [due Tue June 181 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda — Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report July 2, 2024 Study Session, 6:00 p.m. [due Tue June 251 1. Advance Agenda — Mayor Haley (5 minutes) July 9, 2024 Formal Meeting, 6:00 p.m. [due Tue July 21 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda — Mayor Haley (5 minutes) July 16, 2024 Study Session, 6:00 p.m. [due Tue July 91 1. Advance Agenda — Mayor Haley (5 minutes) July 23, 2024 Formal Meeting, 6:00 p.m. [due Tue July 161 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda — Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report July 30, 2024 Study Session, 6:00 p.m. [due Tue July 231 1. Advance Agenda — Mayor Haley (5 minutes) August 6, 2024 NO MEETING - National Night Out August 13, 2024 Formal Meeting, 6:00 p.m. [due Tue Aug 61 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda — Mayor Haley (5 minutes) August 20, 2024 Study Session, 6:00 p.m. [due Tue Aug 131 1. Advance Agenda — Mayor Haley (5 minutes) August 27, 2024 Formal Meeting, 6:00 p.m. [due Tue, Aug 201 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda — Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report *time for public or council comments not included 250th USA Celebration 9-1-1 calls (delays, holding, etc.) Appleway Trail Amenities AWC Summary of Arguments City Brand Update DOT Clean Up Gang Task Force Update Group Home Regulations Mirabeau Park Forestry Mgmt. ORV usage on streets Park Camera Update Park Lighting Peer Court Protection of Utility Infrastructures SCRAPS Squatter Rights Review Vehicle Wgt Infrastructure Impact Draft Advance Agenda 4/18/2024 2:36:20 PM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Information: Johnson & Johnson — Opioid Settlement GOVERNING LEGISLATION: SVMC 2.15.020 PREVIOUS COUNCIL ACTION TAKEN: Distributors Washington Settlement ("Settlement I"): April 26, 2022 approval of the One Washington MOU for settlement between the opioid distributors and cities/counties in Washington; July 19, 2022 approval of the Subdivision Participation Form to approve of and participate in the State settlement in Settlement I; September 6, 2022 approval of the Allocation Agreement for Settlement I; March 7, 2023 Administrative Report for Settlement II; March 21, 2023 approval of Motion Consideration — Participation Form and Allocation Agreement for Opioid Pharmacy and Manufacturer Settlements for Settlement IL August 29, 2023 approval of the Memorandum of Understanding establishing the Spokane Regional Opioid Abatement Council. BACKGROUND: In 2022, the State announced successful settlement with several opioid distributors ("Settlement I") for approximately $518 million and provided a process for local entities to participate in the settlement and receive a portion of the settlement money. Approximately half was set aside for local governments. The City participated through approving the One Washington MOU, the Subdivision Participation Form, and the Allocation Agreement. The allocation amounts to each entity were set by the State as part of the original settlement, therefore the City had no ability to modify that amount at the time of the approval of the necessary MOU, Subdivision Participation Form, and Allocation Agreement. According to the Washington AG's website, the City is currently set to receive approximately $147,106.76 from Settlement I over the approximately 17-year term of the agreement. The exact payment will include deductions for attorneys' fees and settlement expenses. To date, the City has received $19,673.37 in payments from the Distributors Settlement relating to Settlement I. According to the national opioid settlement portal, the remaining projected annual allocation amounts range from approximately $5,773.12 to 9,727.98 through 2038 (see attached expected allocations for Settlement I). In all we expect a total of approximately $140,000. In addition to Settlement I, the State engaged in litigation with several pharmacies and manufacturers. On December 21, 2022, the State announced that it would be joining settlements with the pharmacy and manufacturers related to ongoing opioid litigation: CVS, Walgreens, Walmart, Teva, and Allergan. This settlement ("Settlement II") resulted in an additional $217 million to local governments to abate the opioid epidemic. The allocation methodology and calculation used in Settlement I was also used for Settlement IL On March 15, 2024, the City received a total payment of $28,978.87 related to Settlement IL The payments are initially higher due to Walmart, and Allergan making their payments in a shorter span of time. As with Settlement I, Settlement II limits the use of funds received to certain approved uses related to addressing the opioid epidemic. The opioid settlement administrators are still calculating expected allocation amounts for each year. In addition to Settlement I and Settlement II, the State announced a settlement with Johnson & Johnson. This settlement ("Settlement III") dated January 22, 2024 will include an additional $61.67 million distributed in June/July of 2024 to participating local governments to abate the opioid epidemic. The deadline to participate in Settlement III is May 11, 2024. Based on calculations with information provided by the Washington State Attorney General's Office, the amount the City is projected to receive is approximately $35,866.34 after a deduction for attorneys' fees of 15%. The terms of Settlement III with Johnson & Johnson can be found at the link in the Attachments section of this RCA. As with Settlement I and Settlement II, in order to join in the settlement to receive funds, local governments are being asked to finalize and execute a Participation Form. A local government that does not participate cannot share directly in the settlement funds. If not enough local governments participate, no one gets any money, and there is a steep drop in the settlement amount if not all local governments join. The deadline to participate in Settlement III is May 11, 2024. If not all cities and counties join Settlement III, the payment will be initially reduced by 5%, with the possibility that the 5% will be paid two years later if conditions are met. The alternative for cities is to pursue litigation on their own. If the City elects to participate in Settlement III, and if all local governments sign on to the settlement, staff estimates that the City will receive approximately $35,866.34 from Settlement III. This payment will be made as a one-time payment and includes the estimated deductions for attorneys' fees. Thus far, out of the 130 local governments eligible, 53 Participation Forms have been sent to the settlement administrator. City Council has not expended any of the opioid remediation funds from any of the settlements. Staff intends to bring back this item for a motion consideration at the April 30, 2024 meeting. OPTIONS: Information only. RECOMMENDED ACTION OR MOTION: Information only. BUDGET/FINANCIAL IMPACTS: Settlement L the City expects to receive approximately $140,000 over the course of 17 years; Settlement IL the City will receive an additional $148,486.91 less attorneys' fees over the course of 15 years. Settlement III: the City will receive a one-time payment of approximately $35,866.34. STAFF CONTACT: Erik Lamb, Deputy City Manager; Tony Beattie, Senior Deputy City Attorney. ATTACHMENTS: • JNJ WA Settlement (2-5-24) (link to Settlement III Agreement) • Participation Form • Johnson & Johnson Opioid Settlement and Settlements Update Presentation from Washington AGO • Johnson & Johnson Opioid Settlement I Washington State (Office of the Attorney General website related to Johnson & Johnson settlement) • Expected allocation amounts for Settlement I. EXHIBIT B Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: Cit , State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Janssen Washington State -Wide Opioid Settlement Agreement dated January 22, 2024 ("Janssen Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 30 days of the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement. 7. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity B-1 elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim. 8. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Janssen Settlement. 9. This Settlement Participation Form shall be deemed effective as of the Effective Date of the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: Name: Title: Date: C O Q i O Lo Lo m N O M M Lo Lo Lo Lo Lo Lo Lo Lo rr M M M r CO O O CO CO CO CO CO CO CO CO O O O M I� r--� P-� r--� r--� r-� r-� r-� r--� r--� V co co co I-- co N N I-- � P- P-�� O O O O Il- 'IT � rl- �� LO O O O co co co M M M M M d t� O L a .-. O N M � � CO I� M CO I� M O co co co co co co co co co N N N N N N O O O O O O O O O O O O O O O N N N N N N N N N • N N N N N N Z3 D Z3 D D D Z3 D :2 :2 : :2 :2 :2 :2 :2 � : � � : � Q.. .. .� .. .� .. O N co 'IT m M� M 5, M M O _ E E E C E E E E E E E E C E E CB CB (B CB CB (B CB CB CO (B CB CB CB CB (B R -0-0-0 70 70 70 70 70 70 70 70 70-0-0-0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ^L LL ^L LL ^L LL ^L LL ^L LL ^L LL ^L LL ^L LL ^L LL ^L LL ^L LL ^L LL ^L LL ^L LL ^L LL L O L O L O L O L O L O L O L O L O L O L O L O L O L O L O .L L L L L L L L L L L L L L L O N 6 4 ui tG 1,: GO C1 6 N M .4 ui Ln r� w r, r- m (.D O �D (.D in Ln m in m N Ol Ol N O d' n � cI cl rl O N � rl c-I - City of Spokane Valley Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Page Title 1 Cover Sheet 2 Pre -Application Meeting Requested 3 Construction Applications Received 4 Engineering Applications Received 5 Land Use Applications Received 6 Construction Permits Issued 7 Engineering Permits Issued 8 Land Use Applications Completed 9 Inspections Performed 10 Code Enforcement 11 Revenue 12 Building Permit Valuations Created On: 4/8/2024 Page 1 of 12 Community & Public Works Department Monthly Report 3/1/2024-3/31/2024 Pre -Application Meeting Requested A Pre -Application Meeting is a service provided to help our customers identify the code requirements related to their project proposal Community & Public Works Department Pre -Application Meetings Scheduled: 18 Spokane Valley Pre -Application Meeting Requests 18 16 14 12 10 8 6 4 2 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Commercial Pre-App Land Use Pre-App MW Commercial Pre-App Annual -To -Date: 44 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for reviev Created On: 4/8/2024 Page 2 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Construction Applications Received The applications recevied are those that include projects for New, remodeled, and accessory buildings; Signs, Factory Assembled Structures (FAS), Trade, Roofs, and more. Community & Public Works Department Construction Applications Received: 525 Spokane Valley Construction Applications Received Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Commercial New Commercial MFR Commercial TI ■ Commercial Trade Commercial Accessory ■ Residential SFR/Duplex ■ Residential Remodel ■ Residential Addition ■ Residential Trade ■ Residential Accessory Demolition Sign ■ Re -Roof Factory Assembled ■ Millwood/Other Construction *Other Construction applications include, Millwood, Adult Family Home Inspections, Cell Tower Modifications, Solar Panels, Swimming Pool/Hot Tub Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial Construction ** [lot Submitted Cancelled Monthly Totals 333 332 525 0 0 0 0 0 0 0 0 0 Annual -To -Date: 1190 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 4/8/2024 Page 3 of 12 Community & Public Works Department Monthly Report 3/1/2024-3/31/2024 Engineering Applications Received The applications received are those that include projects for all site work projects, such as Grading permits, Right -of -Way (ROW), approaches, and more. Community & Public Works Department Engineering Applications Received: 92 100 80 60 40 20 0 ■ Jan Feb Mar ■ Engineered Grading Engineering Applications Received Apr May Jun Jul Aug Sep Oct Nov Dec u Regular Grading Right -of -Way iiiii Approach ■ Clearing Et Grubbing Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec RegularGrading Not Submitted Cancelled Monthly Totals 84 74 92 0 0 0 0 0 0 0 0 0 Annual -To -Date: 250 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for reviev Created On: 4/8/2024 Page 4 of 12 Community & Public Works Department Monthly Report 3/1/2024-3/31/2024 Land Use Applications Received The applications received are those that include projects that involve land development, such as Platting actions, Boundary Lines Adjustments, Zoning, SEPA and Exceptions Community & Public Works Department Land Use Applications Received: 55 80 60 40 20 0 Jan Feb Spokane Valley Land Use Applications Received Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Boundary Line Adj Short Plat ■ Long Plat ■ Binding Site Plan ■ Final Platting ■Zoning/Comp Amend ■Accessory Dwelling SEPA Admin Exception ■Admin Interpretation Home Business Lic ■ Other Development � ** NOT SUBMITTED ** Other Development could include, Zoning Letter, Floodplain, Shoreline, Alterations, Variances, Small Cell, CUP, Street Vacations, etc... L,Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Boundary Line Adj Binding Sife Plan Zoning/Comp Amend Home Business Lic Monthly Totals 57 61 55 0 0 0 0 0 0 0 0 0 Annual -To -Date: 173 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for reviev Created On: 4/8/2024 Page 5 of 12 Community & Public Works Department Monthly Report 3/1/2024-3/31/2024 Construction Permits Issued The applications issued are those that include projects for New, remodeled, and accessory buildings; Signs, Factory Assembled Structures (FAS), Trade, Roofs, and more. Community & Public Works Department Construction Permits Issued: 346 Spokane Valley Construction Permits Issued 400 350 300 250 200 150 100 50 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Commercial New ■ Commercial MFR Commercial TI ■ Commercial Trade Commercial Accessory ■ Residential SFR/Plex ■ Residential Remodel Residential Addition ■ Residential Trade ■ Residential Accessory Demolition m Sign ■ Re -Roof ■ Factory Assembled ■ Millwood/Other Construction* *Other Construction applications include, Millwood, Adult Family Home Inspections, Cell Tower Modifications, Swimming Pool/Hot Tub Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial Constructi . -- Monthly Totals 331 319 346 0 0 0 0 0 0 0 0 0 Annual -To -Date: 996 Created On: 4/8/2024 Page 6 of 12 Community & Public Works Department Monthly Report 3/1/2024-3/31/2024 Engineering Permits Issued The applications issued are those that include projects for all site work projects, such as Grading permits, Right -of -Way (ROW), approaches, and more. Community & Public Works Department Engineering Permits Issued 90 80 70 60 50 40 30 20 10 0 — — Jan Feb Mar ■ Engineered Grading Engineering Permits Issued Apr May Jun Jul Aug Sep Regular Grading Right -of -Way ■Approach 71 Oct Nov Dec ■Clearing Et Grubbing Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monthly Totals 11 77 I__________ Annual -To -Date: 214 Created On: 4/8/2024 Page 7 of 12 Community & Public Works Department Monthly Report 3/1/2024-3/31/2024 Land Use Applications Completed The applications completed are those that include projects that involve land development, such as Platting actions, Boundary Line Adjustments, Zoning, SEPA and Exceptions Community & Public Works Department Land Use Applications Completed: 65 100 50 — 0 = Jan Spokane Valley Land Use Applications Completed Feb Mar ■ Boundary Line Adj ■ Long Plat ■ Final Platting ■Accessory Dwelling Apr May Jun Jul Aug Sep Oct Nov Dec Short Plat ■ Binding Site Plan ■ Zoning/Comp Amend/Code Text Amend SEPA ** Other Development could include, Zoning Letter, Floodplain, Shoreline, Alterations, Variances, Small Cell, CUP, Street Vacations, etc... L,Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Boundary Line Adj Binding Sife Plan Amend/Code Texf Amend • . - • - OR . Home Business Lic Monthly Totals 54 52 65 JMMMMMMM'0 0 Annual -To -Date: 171 Created On: 4/8/2024 Page 8 of 12 Community & Public Works Department Monthly Report 3/1/2024-3/31/2024 Development Inspections Performed Community & Public Works Department Development Inspections Performed: 1809 Development Inspections include building, planning, engineering and ROW Spokane Valley Development Inspections Performed 2500 2000 1500 1000 ✓ 500 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec t2022—m-2023 2024 Annual -To -Date: 4,215 Created On: 4/8/2024 Page 9 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Code Enforcement Code Enforcement Officers Citizen Request Responses: 32 They are listed by type below. All complaints, even those with no violation, must be investigated. 40 30 20 10 0 Jan Code Enforcement Complaints Investigated Feb Mar Apr May ■ CE-Stop Work Order Environmental ■ Nuisance Jun Jul Aug Sep Oct Nov Dec Complaint (Non -Violent) • General ■ Property L Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Business License Violation MMMMMMMMMMMM Monthly Totals 19 34®®®®®®®®® Annual -To -Date: 85 Created On: 4/8/2024 Page 10 of 12 Revenue Community & Public Works Department Revenue Received $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 Community & Public Works Department Monthly Report 3/1 /2024 - 3/31 /2024 $191,729.00 Spokane Valley Revenue Received Jan Feb Mar Apr May Jun Jul Aug t 2024 2023 5-YrTrend Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals 2024 $288,858 $214,351 $191,729 $694,939 5-YrTrend $379,267 $313,916 $284,633 $285,627 $275,837 $295,903 $357,670 $320,114 $278,242 $330,075 $266,054 $250,349 $3,637,625 2023 $242,817 $601,763 $249,699 $325,351 $277,568 $291,181 $261,372 $243,206 $276,627 $418,962 $211,627 $180,382 $3,580,553 2022 $173,509 $139,945 $171,413 $210,513 $217,237 $277,917 $510,629 $433,002 $294,301 $285,383 $279,727 $168,612 $3,162,187 2021 $1,087,310 1 $196,293 1 $364,569 1 $459,905 $239,948 1 $367,253 1 $433,461 1 $430,383 1 $323,636 1 $396,162 1 $292,643 $329,244 1 $4,920,807 2020 $230,256 $402,862 $371,956 $237,120 $402,525 $309,668 $226,943 $188,990 $268,487 $254,775 1 $246,368 $223,685 1 $3,363,635 2019 $162,441 1 $228,717 1 $265,529 1 $195,244 1 $241,906 1 $233,496 1 $355,943 1 $304,988 1 $228,157 1 $294,794 1 $299,906 $349,821 1 $3,160,942 Created On: 4/8/2024 Page 11 of 12 Community & Public Works Department Monthly Report 3/1/2024-3/31/2024 Building Permit Valuation Community & Public Works Department Building Permit Valuation: $10,538,031.00 This includes residential, commercial, reroof, & FAS placed. Spokane Valley Permit Valuation $70,000,000 $60,000,000 $50,000,000 $40,000,000 — — $30,000,000 $20,000,000 $10,000,000 — $0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 5-YrTrend 2023 t2024 Jan Feb Mar Apr May Jun Jul Aug Sep OctI 202 $11,286,505 $16,547,293 $10,538,091 $38,371,88 5-Yr Trend $14,823,978 $62,984,679 $24,373,410 $25,667,421 $28,114,158 $28,685,307 $40,624,752 $22,977,517 $19,108,958 $27,555,675 $24,292397 $27,342,831 $M6,551,082 202 $17,287,531 $61,507,380 $34,061,501 $22,737,321 $19,583,399 $22255,351 $15,704,992 $20,019,711 $20,052582 $43,983,576 $13,340,888 $13,117,837 $303,652,06 202 $20,182.361 $31,376,013 $14,935,549 $32,649,784 $24,027,391 $48,521,183 $57,628,766 $44,067,876 $22352208 $18,694,797 $28,311,097 $55,806,317 $398,553,341 2021 $8,860,000 $179,080,000 $16,720,000 $32820,000 $22430,000 $27,700,000 $65,190,000 $24,390,000 $18,160,000 $42670,000 $17,710,000 $13,480,000 $"9,210,000 202 $22,130,000 1 $20,750,000 1 $36,690,000 1 $27,670,000 1 $51,380,000 1 $29,930,000 1 $17,950,000 $7,610,000 $20,620,000 $15,270,000 $26,890,000 $21,380,000 1 $298,270,0 2019 $5,660,000 1 $22210,000 1 $19,460,000 1 $12460,000 1 $23,150,000 1 $15,020,000 1 $46,650,000 $18,800,000 $14,360,000 $17,160,000 $35,210,000 $32930,000 1 $263,070,0 Created On: 4/8/2024 Page 12 of 12 Public Works Department Monthly Report 02/01/24 — 02/29/24 MAINTENANCE Agreements for Services Adopted and In Operation - Updates for maintenance contracts will be updated for April's monthly report through new financial system. Citizen Requests for Public Works - Feb 2024 a In Progress Request Submitted Resolved / Waiting struction - CPW Cross/Sidewalk Request Pead Animal Removal Owned Tree / Branch General Street Maint - (Graffiti on City Property (Gravel Shouldering (Hazard on Street (Illegal Dumping - ObjectM. (Report a Pothole (Scooters (Street Sweeping e etation / Weeds §jFFMWATER 0 Raffic (Signs: Missing/ 1 Comments i Deicing Totals 8 102 STREET MAINTENANCE ACTIVITY The following is a summary of Contractor maintenance activities in the City of Spokane Valley for February 2024: • Geiger Work Crew — Litter and garbage pickup, graffiti coverup. • Pothole patching and graffiti abatement. • De-icing and snow operations. • AAA Sweeping — Continued with arterial sweeping and residential sweeping to begin mid -March. • Added gates to the Ponderosa Park property and Mission Park property. WASTEWATER Status of the process can be monitored at: http://www.spokaneriver.net/, http://www.ecy.wa.gov/geographic/spokane/spokane river basin.htm, http://www.spokanecountV.org/utilities/WaterReclamation/content.aspx?c=2224 and http://www.spokaneriverpartners.com/ STORMWATER UTILITY The following is a summary of City Stormwater Utility activities for February 2024: • The Ridgemont Estates Stormwater Improvements project continues to make progress. The consultant team continues to collect and evaluate data received from the topographic surveys on on -going monitoring stations. Hydraulic modeling efforts will continue into March. • The pump station on Best Rd., just south of Sprague Ave., had its pumps installed. Staff is working through final invoicing on the project. • City Council has selected Senske for the Roadway Landscaping Services and Linear Parks maintenance contract for years 2024, 2025, and 2026. Staff worked to develop the annual work plans with Senske and the Parks and Recreation department. Further, invoicing process was developed with Finance. Both annual plans and invoicing processes will be finalized in March. • City Council awarded the 2024 vactor cleaning services contract to AAA Sweeping, LLC. Staff worked to finalize the contract documents and execute the agreements in February. An executed agreement is anticipated by mid -March and work is expected to comment around April 1. • Staff drafted the 2023 annual report, as required by the Dept. of Ecology. The report will be developed and completed by March 2024. • The Stormwater Services contract with Cameron Reilly delivered various improvements including: o Swale repairs and structure rim lowering at two swales on the north side of Sprague, just east of Thierman. o A new grate/sidewalk on Sprague just east of Fancher. o A new sidewalk underdrain inlet on Carnahan, just south of Sprague. o Removed mechanical pipe plugs in a deep structure that included confined space entry requirements. 2 DEVELOPMENT ENGINEERING The following is a summary of Development Engineering activities for February 2024: • Assisted Building and Planning Division with preparation of design requirements for (4) Commercial and (7) Land Use Pre -Application meetings. • Prepared multiple Recommended Conditions of Approvals for preliminary plats and Dedication Languages for final plats. Reviewed multiple final plats and submittal packages to record final plats. • Reviewed civil plans and drainage reports for Engineered Grading Permits associated with commercial and land use projects. Coordinated with private Engineers and Developers. • Spoke with and emailed citizens and developers to answer inquiries and discuss design requirements for potential commercial and land use projects. • Conducted preconstruction meetings, performed site visits, prepared punch lists, reviewed surety estimates, and reviewed and approved construction certification packages to finalize final plats and to issue commercial building certificates of occupancy. • Reviewed civil plans for the following projects: 0 University Short Plat — 3 lots (EGR-2023-0063) 0 Vistas at Bellaire Phase 4-42 lots (EGR-2023-0067) 0 Indiana Short Plat — 7 lots (EGR-2023-0068) 0 Hollister Homes Office (EGR-2024-0001) 0 Kelsey Place — 22 lots (EGR-2024-0002) 0 6th Avenue Private Driveway (EGR-2024-0004) o Old Tidyman's Pond Reduction (EGR-2024-0007) o Polatov Short Plat — 8 lots (EGR-2024-0009) o McDonald's (EGR-2024-0010) o Bafus Short Plat — 2 lots (EGR-2024-0011) o Eastwood Duplex and Triplex (EGR-2024-0013) o Tilton Short Plat — 9 lots (EGR-2024-0014) 3 CAPITAL PROJECTS �1_ e Val ley Public Works Projects Monthly Summary - Design & Construction February-2024 Bid Estimated Total Proposed Project# Design& Construction Projects Funding Open e J�P�ECN Construction Project Ad Date Date Completion Cost Street Projects 0143 Barker Rd/BNSF Grade Separation FHWA - STP(U) 0205 Sprague/Barker Intersection Improvement FHWA-CMAQ 0249 Sullivan & Wellesley Intersection Improv FHWA- STP(U) 0299 Argonne Rd Concrete Pvmt Indiana to Mont TIB - UAP 0300 Pines & Mission Intersection Improvement FHWA- CMAQ 0313 Barker Road/Union PacificCrossing-Ph. 1 FMSIB 0313 Barker Road/Union Pacific Crossing - Ph. 2 FMSIB 0318 Wilbur Sidewalk: Boone to Mission STBG-SA 0344 Park Rd Sidewalk - Broadway to Cataldo CDBG 0345 Park Rd Sidewalk- Nora to Baldwin TIB - SP 0347 Broadway and Park Intersection TIB/COSV Street Preservation Projects 0320 Sullivan Preservation: Sprague-8th COSV 0340 8th Ave Sidewalk (Coleman to Park) TIB/COSV 0341 Broadway Preservation- Fancherto Park FHWA-STP(E) Traffic Projects 0326 2020 Citywide Reflective Post Panels HSIP 0342 WTSC 2022 School Zone Beacons WTSC 0352 2022 Citywide Signal Backplates HSI P Parks Projects 0316 Balfour Park Improvements - Phase 1 COSV 0328 Sullivan Park Waterline COSV 0338 Loop Trai I Project COSV Stormwater Projects 0327 Sprague Avenue Stormwater Improvements Dept of Ecology 11/30/20 01/13/21 100 99 12/31/22 $26,000,000 04/26/22 05/20/22 100 99 12/31/22 $ 2,510,413 10/21/21 11/17/21 100 99 12/31/22 $ 1,370,000 04/30/21 05/14/21 100 99 12/31/21 $ 2,800,000 05/12/23 06/09/23 100 0 12/31/24 $ 2,386,100 08/20/21 09/10/21 100 99 12/31/22 $ 1,434,000 05/05/23 06/01/23 100 99 12/31/23 $ 1,434,000 05/20/22 06/10/22 100 99 12/31/22 $ 1,007,351 TBD TBD 80 0 12/31/24 $ 360,000 04/07/23 04/21/23 100 99 12/31/23 $ 786,000 04/28/23 05/12/23 100 99 12/31/23 $ 2,806,000 03/10/23 03/31/23 100 99 12/31/23 $ 5,278,405 04/28/23 05/17/23 100 99 12/31/23 $ 3,316,101 04/21/23 05/16/23 100 99 12/31/23 $ 1,805,000 N/A N/A 100 92 12/31/24 $ 164,100 N/A N/A 100 90 12/31/24 $ 225,000 N/A N/A 80 0 06/30/24 $ 122,000 12/16/22 01/13/23 100 90 12/31/23 $ 5,700,023 TBD TBD 85 0 12/31/24 $ 152,858 TBD TBD 10 0 12/31/25 $ 500,000 4/6/2024 4/26/2024 100 0 12/31/24 $ 2,650,000 Project# Design Only Projects Funding Design Complete Date % Complete Total Project Cost PE Street Projects 0223 Pines Rd Underpass @ BNSF & Trent FHWA - STP(U) 03/31/24 90 $ 7,312,793 0311 Sullivan Rd./SR 290Interchange Project COSV 03/31/24 20 $ 4,684,500 0321 Argonne Corridor Imprv- North of Knox COSV on hold 15 $ 30,000 0329 Barker Road Imp- City Limits to Appleway IMPACT FEES 12/31/24 30 $ 250,100 0346 Bowdish Sidewalk 12th to 22nd FHWA/COSV 12/31/24 10 $ 4,122,565 0348 Barker Road Improvements - Applewayto IMPACT FEES TBD 0 $ 300,000 0351 Barker Rdlmprov- SpraguetoAppleway IMPACT FEES/DEMO 03/31/24 0 $ 850,000 0356 Argonne/190Bridge CRRSAA-HIPUL 12/31/24 0 $ 1,500,000 0359 Sprague Ave Ped Crossing TIB/REET TBD 0 $ 666,096 Street Preservation Projects 0286 Broadway Preservation: Havana to Fancher COSV On Hold 70 $ 67,600 0353 WellesleyPres- SullivantoFlora/Trent COSV 03/31/24 0 $ 70,000 0354 16th Ave Pres- Evergreen to Adams COSV 03/31/24 0 $ 62,950 0355 32nd Ave Pres- Pines to SR-27 COSV 03/31/24 0 $ 70,000 0357 Fancher Rd- BroadwaytoTrent COSV TBD 0 $ 84,000 0358 Fancher Pres (Sprague to Broadway) COSV TBD 0 $ 85,000 Sewer Projects 0332 NE Industrial Area - Sewer Extension COSV 12/31/24 60 $ 80,000 4 PLANNING AND GRANTS Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant In November 2023, the US Department of Transportation (USDOT) issued a call for projects for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program. On January 23, City Council authorized staff to move forward in apply for the program submitting the Sullivan/Trent Interchange project requesting $25M and leaving an unfunded amount of $13.8M. Applications were due February 28 and the City submitted its application on February 271h. Awards are expected to be announced in June 2024. Bridge Investment Program (BIP) Grant In December 2023, the USDOT issued a call for projects for the Bridge Investment Program (CIP) discretionary grant program. On February 6, City Council authorized staff to apply to the FY24 BIP call for projects for the Sullivan & Trent Interchange Project in the amount of $33,587,992. This would leave an unfunded amount of $5.2M. Applications are due March 19, and awards are anticipated in fall/winter 2024. Coneressionally Directed SDendine (CDS) Reauests On February 27, 2024, staff requested Council consensus to develop applications for CDS funding requests for all four projects as identified in the City's adopted Federal Legislative Agenda (1. Sullivan/Trent IC, 2. S Barker Corridor, 3. Argonne/1-90 Bridge, 4. Barker/1-90 Interchange). As Federal appropriations are being finalized for FY24, Senators Murray and Cantwell and Representative McMorris Rogers have not yet announced FY25 funding opportunities. Staff anticipates that applications will be due in March or April and are scheduled to return to Council on March 5 for a motion consideration to authorize the City Manager to submit CDS requests. The staff recommended CDS request amounts are $5M, $3M, $3M, and $4M, respectively, for projects listed above. Pavement Management Program (PMP) On February 9, bids were opened for the city's second year of local access "asphalt preservation services" to provide various asphalt surface treatments including HMA paving, patching, concrete flatwork and miscellaneous stormwater repairs. The budget is approximately $1,100,000. Inland Asphalt Co, Poe Asphalt Inc, and Shamrock Paving Inc all bid for the work and the successful bid was Inland Asphalt for the amount of $797,457.75. Council is expected to announce the successful awarded contract in early March. 6-Year Transportation Improvement Program Staff began updating the appropriate documents for the 2025-2030 6-Year Transportation Improvement Program (TIP). A 60-day comment period is required by the Department of Commerce as part of the update. Staff will submit its draft TIP in early April for 60-day review. The final draft of the TIP will be presented to council in May and June. The TIP must be adopted by June 30 of each year. FINANCE DEPARTMENT Spokane Chelsie Taylor, Finance Director Valley 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 ,,,;OoO �i Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 www.spokanevalley.org Memorandum To: John Hohman, City Manager From: Chelsie Taylor, Finance Director Date: April 10, 2024 Re: Finance Department Activity Report — February 2024 Following is information pertaining to Finance Department activities through the end of February 2024 and included herein is an updated 2023 Budget to Actual Comparison of Revenues and Expenditures through the end of December 2023. For the next couple of months we will focus our financial analysis on 2023 rather than 2024, because how 2023 wraps up will largely guide our decision making process as we progress towards the 2025 Budget development process. 2023 Year-end Process In February we have continued to work on closing the books for 2023, and we hope to have this process complete by mid -April. This process typically continues through mid -April because we continue to receive additional information pertaining to 2023 for both revenues and expenditures (particularly construction related activity). Following the closing of the books, we will begin the process of preparing our annual financial report which will be finished by the end of May. We hope to have the State Auditor's Office onsite in June to begin the audit of 2023. Budget to Actual Comparison Report A report reflecting 2023 Budget to Actual Revenues and Expenditures for those funds for which a 2023 Budget was adopted is located on pages 5 through 18. It's important to keep in mind that the figures included are preliminary and we anticipate they will continue to change as a result of the fact that we continue to receive invoices related to 2023 expenditure activity as well as some additional revenues. We will follow up with the final 2023 figures once the books are closed. We've included the following information in the report: • Revenues by source for all funds, and expenditures by department in the General Fund and by type in all other funds. • A breakdown between recurring and nonrecurring revenues and expenditures in the General Fund, Street O&M Fund and Stormwater Fund. • The change in fund balance including beginning and ending figures. The beginning fund balance figures are those that are reflected in our 2022 Annual Financial Report. • Columns of information include: o The 2023 Budget as amended o December 2023 activity o Cumulative 2023 activity through December 2023 o Budget remaining in terms of dollars o The percent of budgeted revenue collected or budgeted expenditures disbursed P:IFinancelFinance Activity ReportslCouncil Monthly Reports1202412024 02 29 - 2023 12 PRELIMINARY No 2.docx Page 1 A few points related to the General Fund #001 (page 5): Recurring revenues collections are currently at 112.78% of the amount budgeted with 100.00% of the year elapsed. • Property taxes are paid to Spokane County in two installments each year on April 30 and October 31 and are then remitted to the City primarily in May and November with lesser amounts typically remitted in June and December. Property taxes received thus far in 2023 are $13,459,913 or 99.19% of the amount budgeted. In January we received one final payment related to 2023 collections that is reflected herein. • Sales tax collections finished the year at $32,522,920 which was $1,967,920 or 6.44% greater than the amount budgeted. • Gambling taxes are at $556,439 or 45.28% greater than the amount budgeted. Gambling taxes are paid quarterly and fourth quarter payments were due by January 31st • Franchise Fee and Business Registration revenues are typically received in the month following a calendar year quarter. In 2023 we received $1,336,821 or 10.03% greater than the amount budgeted. • State shared revenues are composed of State of Washington distributions that include items such as liquor board profits, liquor excise tax, streamlined sales tax mitigation and criminal justice monies. Most of these revenues are paid by the State in the month following a calendar quarter. These have collectively finished the year at $2,608,679 or 11.43% greater than the amount budgeted. • Fines and forfeitures revenues are composed of monthly remittances from Spokane County with payments made in the month following the actual assessment of a fine and false alarm fees. These have finished the year at $503,792 which is $14,808 or 2.86% less than the amount budgeted. • Community and Public Works service revenues are largely composed of building permit and plan review fees as well as right of way permits. Revenues collected in 2023 are at $3,864,148 or 22.83% greater than the amount budgeted. The amount collected is far in excess of the amount of the budget expectation primarily due to several large construction projects in the City that were permitted during 2023. • Recreation program revenues are composed of revenues generated by the variety of parks and recreation programs including classes, swimming pools (in -season), and CenterPlace. The year ended with revenues totaling $875,639 or 39.99% greater than the amount budgeted. Recurring expenditures are currently at $53,367,934 or 99.26% of the amount budgeted with 100.00% of the year elapsed. Fund Balance / Reserves The fund balance at December 31, 2023 was anticipated to be $42,140,412 but actually finished the year at $49,232,307. The difference of $7,091,895 is the result of: • Recurring revenues are $7,211,318 greater than budgeted, primarily in sales taxes, permitting revenues, and investment interest. • Recurring expenditures are $398,546 less than budgeted, primarily in general government. • Deficit from non -recurring activities is $517,969 less than budgeted. Investments (page 19) Investments at December 31 total $114,619,429 and are composed of $109,263,650 in the Washington State Local Government Investment Pool and $5,355,779 in bank CDs. P:TinanceTinance Activity ReportslCouncil Monthly Reports1202412024 02 29 - 2023 12 PRELIMINARY No 2.docx Page 2 Total Sales Tax Receipts (page 20) Total sales tax receipts reflect State remittances through December and total $36,881,742 including general, criminal justice, and public safety taxes. This figure is $319,251 or 0.87% greater than the same twelve-month period in 2022. Economic Indicators (pages 21 — 23) The following economic indicators provide information pertaining to three different sources of tax revenue that provide a good gauge of the health and direction of the overall economy. 1. Sales taxes (page 21) provide a sense of how much individuals and businesses are spending on the purchase of goods. 2. Hotel / Motel taxes (page 22) provide us with a sense of overnight stays and visits to our area by tourists or business travelers. 3. Real Estate Excise taxes (page 23) provide us with a sense of real estate sales. Page 21 provides a 10-year history of general sales tax receipts (not including public safety or criminal justice) with monthly detail beginning January 2015. • Compared with calendar year 2023, 2024 collections have decreased by $56,912 or 1.94%. • Tax receipts reached an all-time high in 2023 of $32,522,920, besting the previous record year of 2022 when $32,347,046 was collected. Page 22 provides a 10-year history of hotel/motel tax receipts with monthly detail beginning January 2015. • Compared with calendar year 2023, 2024 collections have increased by $3,097 or 8.38%. • Collections reached an all-time high in 2023 of $905,678, besting the previous record of $901,686 in 2022. Page 23 provides a 10-year history of real estate excise tax receipts with monthly detail beginning January 2015. • Compared with calendar year 2023, 2024 collections have decreased by $1,654 or 0.97%. • Collections appear to be more in line with historical amounts rather than the historic highs seen in 2021 and 2022. • Collections reached an all-time high in 2021 of $6,218,227. Debt Capacity and Bonds Outstanding (page 24) This page provides information on the City's debt capacity, or the dollar amount of General Obligation (G.O.) Bonds the City may issue, as well as an amortization schedule of the bonds the City currently has outstanding. • The maximum amount of G.O. bonds the City may issue is determined by the assessed value for property taxes which for 2024 is $17,533,706,897. Following the December 1, 2023 debt service payments, the City has $9,085,000 of nonvoted G.O. bonds outstanding which represents 3.45% of our nonvoted bond capacity, and 0.69% of our total debt capacity for all types of bonds. Of this amount: o $3,040,000 remains on bonds issued for the construction of CenterPlace. These bonds are repaid with a portion of the 1 /10 of 1 % sales tax that is collected by the Spokane Public Facilities District. o The bonds issued for road and street improvements around CenterPlace were paid off as of December 1, 2023. The bonds were repaid with a portion of the real estate excise tax collected by the City. o $6,045,000 remains on bonds issued for construction of the new City Hall. The bonds are repaid with General Fund revenues. P:TinanceTinance Activity ReportslCouncil Monthly Reports1202412024 02 29 - 2023 12 PRELIMINARY No 2.docx Page 3 Street Fund Revenue Sources (pages 25 and 26) The last two charts reflect a history for the two primary sources of revenue in Street Fund #101. These include: Page 25 provides a 10-year history of Motor Vehicle Fuel Tax collections with monthly detail beginning January 2015. • Compared with calendar year 2023, 2024 collections have increased by $4,239 or 3.05%. • Tax receipts peaked in 2007 at approximately $2.1 million and have generally ranged around $2 million in the years 2014 through 2023. Page 26 provides a 10-year history of Telephone Utility Tax collections with monthly detail beginning January 2015. • Compared with 2023, 2024 collections have increased by $117 or 0.15%. Unlike tax revenues collected by the State and remitted monthly, these taxes are paid to the City directly by the service provider. Consequently, there is not a "clean cutoff in terms of when a vendor pays the tax. • Tax receipts peaked in 2009 at $3,054,473 and have decreased each year since due to what we suspect is the reduction in land lines by individual households as well as a reallocation of revenues from voice plans to data plans by cell phone companies. • The 2023 Budget was adopted with a revenue estimate of $857,000, and actual receipts came in at approximately $976,000. The 2024 Budget is set at $900,000, and we will closely watch actual receipts as we progress through 2024. P:TinanceTinance Activity ReportslCouncil Monthly Reports1202412024 02 29 - 2023 12 PRELIMINARY No 2.docx Page 4 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Twelve -Month Period Ended December 31, 2023 #001 -GENERAL FUND RECURRING ACTIVITY Revenues Property Tax Sales Tax Sales Tax - Public Safety Sales Tax - Criminal Justice Gambling Tax and Leasehold Excise Tax Franchise Fees/Business Registration State Shared Revenues Fines, Forfeitures and Penalties Community and Public Works Recreation Program Revenues Grant Proceeds Miscellaneous Department Revenue Miscellaneous & Investment Interest Transfers in - #105 (h/m tax-CP advertising) Total Recurring Revenues Expenditures City Council City Manager City Attorney City Services Public Safety Deputy City Manager Finance Human Resources Information Technology City Facilities Operations and Maintenance Community & Public Works - Administration Community & Public Works - Engineering Community & Public Works - Building Community & Public Works - Planning Economic Development Parks & Rec - Administration Parks & Rec - Maintenance Parks & Rec - Recreation Parks & Rec - Aquatics Parks & Rec - Senior Center Parks & Rec - CenterPlace General Government Transfers out - #204 ('16 LTGO bond debt service) Transfers out - #309 (park capital projects) Transfers out - #311 (pavement preservation) Transfers out - #502 (insurance premium) Total Recurring Expenditures Recurring Revenues Over (Under) Recurring Expenditures Budget Year 2023 Elapsed = 100.00% 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget 13,569,200 677,788 13,459,913 (109,287) 99.19% 30,555,000 5,252,932 32,522,920 1,967,920 106.44% 1,357,000 264,470 1,583,962 226,962 116.73% 2,398,000 463,514 2,774,860 376,860 115.72% 383,000 122,977 556,439 173,439 145.28% 1,215,000 282,010 1,336,821 121,821 110.03% 2,341,000 649,010 2,608,679 267,679 111.43% 518,600 78,486 503,792 (14,808) 97.14% 3,145,900 278,659 3,864,148 718,248 122.83% 625,500 9,722 875,639 250,139 139.99% 100,000 0 0 (100,000) 0.00% 22,500 7,083 90,651 68,151 402.89% 158,200 610,258 3,438,238 3,280,038 2173.35% 30,000 14,155 14,155 (15,845) 47.18% 56,418,900 8,711,065 63,630,218 7,211,318 112.78% 707,558 65,631 646,788 60,770 91.41% 844,414 (120,846) 762,465 81,949 90.30% 1,209,856 136,864 1,100,291 109,565 90.94% 975,887 479,407 713,686 262,201 73.13% 32,772,361 4,149,650 34,066,136 (1,293,775) 103.95% 604,752 47,583 602,523 2,229 99.63% 1,422,096 100,140 1,257,908 164,188 88.45% 385,584 41,472 386,544 (960) 100.25% 439,522 33,162 386,536 52,986 87.94% 480,344 52,644 571,045 (90,701) 118.88% 375,200 36,633 339,059 36,141 90.37% 1,866,052 73,481 1,699,241 166,811 91.06% 2,117,009 147,878 1,866,664 250,345 88.17% 887,729 102,269 832,052 55,677 93.73% 1,150,971 94,609 1,144,719 6,252 99.46% 383,496 31,569 381,964 1,532 99.60% 972,455 188,376 1,150,110 (177,655) 118.27% 351,843 20,187 273,645 78,198 77.77% 565,700 21,105 604,667 (38,967) 106.89% 38,916 2,216 20,883 18,033 53.66% 1,096,367 121,914 1,011,824 84,543 92.29% 1,945,418 321,162 1,376,234 569,184 70.74% 401,150 33,429 401,150 0 100.00% 160,000 13,333 160,000 0 100.00% 1,011,800 84,317 1,011,800 0 100.00% 600,000 50,000 600,000 0 100.00% 53,766,480 6,328,183 53,367,934 398,546 99.26% 2,652,420 2,382,883 10,262,284 7,609,864 Page 5 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year 2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed = 100.00% For the Twelve -Month Period Ended December 31, 2023 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget #001 -GENERAL FUND -continued NONRECURRING ACTIVITY Revenues Transfers in -#312 2,600,000 1,400,000 1,400,000 (1,200,000) 53.85% Precinct Grant 39,000 0 0 (39,000) 0.00% County Portion of Plante's Ferry Study 50,000 48,272 48,272 (1,728) 96.54% Coronavirus Local Fiscal Recovery Funds 9,418,000 34,367 9,464,426 46,426 100.49% Judgments & Settlements 3,560,000 0 3,565,298 5,298 100.15% Total Nonrecurring Revenues 15,667,000 1,482,639 14,477,996 (1,189,004) 92.41% Expenditures City Hall Repairs 1,200,000 1,687,838 3,410,647 (2,210,647) 284.22% City Attorney (office furniture for new Paralegal) 8,500 0 0 8,500 0.00% City Services (Deputy City Clerk workstation) 0 0 558 (558) 0.00% Public Safety (police vehicles) 1,550,085 73,137 1,531,089 18,996 98.77% Public Safety (police staffing assessment) 85,000 33,236 84,787 213 99.75% Public Safety (access/fencing White Elephant) 31,000 0 30,732 268 99.13% Public Safety (install Precinct gutters) 4,000 0 1,481 2,519 37.03% Public Safety (install security cameras at Precinct) 20,000 0 7,491 12,509 37.45% Public Safety (concrete repair at Precinct) 15,000 0 14,300 700 95.33% Public Safety (furniture for roll call room at Precinct) 30,000 0 25,222 4,778 84.07% Public Safety (covert pole cameras) 0 0 39,103 (39,103) 0.00% Public Safety (Precinct shop lift replacement) 25,000 47,904 47,904 (22,904) 191.62% City Facilities (remove street trees at City Hall) 15,000 0 762 14,238 5.08% City Facilities (Balfour Facilityevaluation) 60,000 1,500 59,705 295 99.51% Economic Development (20th Anniversary) 34,769 71 34,675 94 99.73% Economic Development (consulting services) 209,975 0 165,195 44,780 78.67% Engineering (cubicle furniture) 16,600 0 16,519 81 99.51 % Parks & Rec (equipment assessment) 6,000 0 0 6,000 0.00% Parks & Rec (repaint portico at CenterPlace) 12,000 0 0 12,000 0.00% Parks & Rec (replace CenterPlace flooring) 52,700 35,739 51,979 721 98.63% Parks & Rec (backup batteries forCP emergencyligt 10,000 0 0 10,000 0.00% Parks & Rec (sidewalk repairs at CenterPlace) 24,000 0 23,559 441 98.16% Parks & Rec (CenterPlace lobby improvements) 150,000 0 0 150,000 0.00% General Government - IT capital replacements 166,000 0 33,830 132,170 20.38% Financial Software Capital Costs 700,000 113,575 546,085 153,915 78.01% General Government (CLFR related costs) 8,006,000 302,650 6,095,299 1,910,701 76.13% Transfers out - #101 (Street Fund operations) 3,530,048 294,171 3,530,048 0 100.00% Transfers out - #122 (replenish reserve) 500,000 0 500,000 0 100.00% Transfers out - #309 (Balfour Park Imp. Phase 1) 427,327 0 0 427,327 0.00% Transfers out - #309 (pump for Mirabeau Falls) 33,000 0 0 33,000 0.00% Transfers out - #312 ('21 fund bal >50%) 5,358,054 0 5,358,054 0 100.00% Total Nonrecurring Expenditures 22,280,058 2,589,820 21,609,023 671,035 96.99% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (6,613,058) (1,107,180) (7,131,027) (517,969) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (3,960,638) 1,275,702 3,131,257 7,091,895 Beginning unrestricted fund balance 46,101,050 46,101,050 Ending fund balance 42,140,412 49,232,307 Page 6 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Twelve -Month Period Ended December 31, 2023 SPECIAL REVENUE FUNDS #101 - STREET FUND RECURRING ACTIVITY Revenues Telephone Utility Tax Motor Vehicle Fuel (Gas) Tax Multimodal Transportation Right -of -Way Maintenance Fee Solid Waste Road Wear Fee Investment Interest Miscellaneous Revenue Total Recurring Revenues Expenditures Wages / Benefits / Payroll Taxes Supplies Services & Charges Snow Operations Local Street Program Intergovernmental Payments Transfers out - #311 Vehicle Rentals - #501 (non -plow vehicle rental) Vehicle Rentals - #501 (plow replace) Total Recurring Expenditures Budget Year 2023 Elapsed = 100.00% 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget 857,000 161,321 975,869 118,869 113.87% 2,062,600 323,469 1,969,114 (93,486) 95.47% 139,200 34,767 139,065 (135) 99.90% 95,000 91,936 112,552 17,552 118.48% 1,700,000 373,951 2,163,489 463,489 127.26% 500 46,567 122,690 122,190 24537.97% 10,000 212 13,212 3,212 132.12% 4,864,300 1,032,224 5,495,991 631,691 112.99% 1,617,994 195,157 1,647,423 (29,429) 101.82% 198,000 9,845 198,116 (116) 100.06% 2,820,089 362,399 2,846,752 (26,663) 100.95% 1,081,915 269,337 1,081,186 729 99.93% 3,918,100 681 2,212,183 1,705,917 56.46% 1,000,000 56,880 641,562 358,438 64.16% 1,655,955 0 0 1,655,955 0.00% 27,750 2,313 27,750 0 100.00% 275,000 22,917 275,000 0 100.00% 12,594,803 919,528 8,929,972 3,664,831 70.90% Recurring Revenues Over (Under) Recurring Expenditures (7,730,503) 112,696 (3,433,981) 4,296,522 NONRECURRING ACTIVITY Revenues Insurance Proceeds 0 4,433 18,245 18,245 0.00% Transfers in -#001 3,530,048 294,171 3,530,048 0 100.00% Transfers in -#106 1,862,929 0 1,862,929 0 100.00% Transfers in - #311 2,677,099 0 2,677,099 0 100.00% Transfers in - #312 250,000 0 250,000 0 100.00% Total Nonrecurring Revenues 8,320,076 298,604 8,338,321 18,245 100.22% Expenditures Replacement Parts for Snowplows 0 0 37,628 (37,628) 0.00% Generator for Maint. Shop (50% cost to #402) 8,500 0 34,969 (26,469) 411.40% Desks for Maintenance Shop (50% cost to #402) 1,530 0 0 1,530 0.00% Signal Maintenance Equipment 40,000 0 37,981 2,019 94.95% Streetlight Replacement Program 40,000 6,475 39,436 564 98.59% Transfers out - #501 (truck for Signal Technician) 58,000 0 0 58,000 0.00% Fixed Base Pole/Pedestrian Signal Post 0 0 2,190 (2,190) 0.00% Retaining Wall Repair 0 0 8,168 (8,168) 0.00% Bridge Maintenance 10,000 0 0 10,000 0.00% Total Nonrecurring Expenditures 158,030 6,475 160,372 (2,342) 101.48% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures 8,162,046 292,129 8,177,949 15,903 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures 431,543 404,825 4,743,968 4,312,425 Beginning fund balance 1,319,206 1,319,206 Ending fund balance 1,750,749 6,063,173 Page 7 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year 2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed = 100.00% For the Twelve -Month Period Ended December 31, 2023 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget SPECIAL REVENUE FUNDS - continued #103 - PATHS & TRAILS Revenues Motor Vehicle Fuel (Gas) Tax 8,700 1,364 8,305 (395) 95.46% Investment Interest 100 380 1,946 1,846 1945.91% Total revenues 8,800 1,744 10,251 1,451 116.49% Expenditures Capital Outlay 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 8,800 1,744 10,251 1,451 Beginning fund balance 38,368 38,368 Ending fund balance 47,168 48,620 #104 - TOURISM FACILITIES HOTEL/MOTEL TAX FUND Revenues Tourism Facilities Hotel/Motel Tax 600,000 80,834 588,685 (11,315) 98.11% Investment Interest 5,000 38,938 234,243 229,243 4684.85% Transfers in -#105 515,198 0 515,198 0 100.00% Total revenues 1,120,198 119,771 1,338,125 217,927 119.45% Expenditures Spokane County - Avista Stadium Award 2,000,000 0 2,000,000 0 100.00% Total expenditures 2,000,000 0 2,000,000 0 100.00% Revenues over (under) expenditures (879,802) 119,771 (661,875) 217,927 Beginning fund balance 5,619,705 5,619,705 Ending fund balance 4,739,903 4,957,830 #105 - HOTEL/MOTEL TAX FUND Revenues Hotel/Motel Tax 900,000 124,360 905,678 5,678 100.63% Investment Interest 1,000 4,764 26,189 25,189 2618.87% Total revenues 901,000 129,124 931,867 30,867 103.43% Expenditures Transfers out-#001 30,000 14,155 14,155 15,845 47.18% Transfers out - #104 515,198 0 515,198 0 100.00% Tourism Promotion 309,702 173,902 309,702 0 100.00% Total expenditures 854,900 188,057 839,055 15,845 98.15% Revenues over (under) expenditures 46,100 (58,933) 92,812 15,022 Beginning fund balance 507,419 507,419 Ending fund balance 553,519 600,231 #106 - SOLID WASTE Revenues Solid Waste Administrative Fees 225,000 54,586 276,172 (51,172) 122.74% Investment Interest 4,000 9,186 91,696 (87,696) 2292.40% Total revenues 229,000 63,772 367,868 (138,868) 160.64% Expenditures Transfers out - #101 1,862,929 0 1,862,929 0 100.00% Education & Contract Administration 229,000 47,522 301,877 (72,877) 131.82% Total expenditures 2,091,929 47,522 2,164,806 (72,877) 103.48% Revenues over (under) expenditures (1,862,929) 16,250 (1,796,938) (65,991) Beginning fund balance 3,003,161 3,003,161 Ending fund balance 1,140,232 1,206,223 Page 8 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year 2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed = 100.00% For the Twelve -Month Period Ended December 31, 2023 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget SPECIAL REVENUE FUNDS - continued #107 - PEG FUND Revenues Comcast PEG Contribution 71,000 13,059 41,298 29,702 58.17% Investment Interest 0 1,680 10,249 (10,249) 0.00% Total revenues 71,000 14,739 51,547 19,453 72.60% Expenditures PEG Reimbursement - CMTV 39,500 0 38,964 536 98.64% Capital Outlay 33,500 14,867 25,565 7,935 76.31% Total expenditures 73,000 14,867 64,529 8,471 88.40% Revenues over (under) expenditures (2,000) (128) (12,982) 10,982 Beginning fund balance 233,782 233,782 Ending fund balance 231,782 220,800 #108 -AFFORDABLE & SUPPORTIVE HOUSING TAX FUND Revenues Affordable & Supportive Housing Tax 200,000 45,196 193,105 6,895 96.55% Investment Interest 0 6,171 29,958 (29,958) 0.00% Total revenues 200,000 51,367 223,063 (23,063) 111.53% Expenditures Affordable & Supportive Housing Program 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 200,000 51,367 223,063 (23,063) Beginning fund balance 577,569 577,569 Ending fund balance 777,569 800,632 #109 - TOURISM PROMOTION AREA Revenues Tourism Promotion Area Fee 1,200,000 211,015 1,309,506 (109,506) 109.13% Investment Interest 0 6,191 24,548 (24,548) 0.00% Tourism Interest 0 794 3,644 (3,644) 0.00% Total revenues 1,200,000 218,000 1,337,697 (137,697) 111.47% Expenditures Services & Charges 800,000 385,624 655,957 144,043 81.99% Total expenditures 800,000 385,624 655,957 144,043 81.99% Revenues over (under) expenditures 400,000 (167,624) 681,740 (281,740) Beginning fund balance 0 0 Ending fund balance 400,000 681,740 #110 - HOMELESS HOUSING PROGRAM FUND Revenues Recording Surcharge - Homeless Housing 0 51,131 125,527 (125,527) 0.00% Investment Interest 0 734 1,020 (1,020) 0.00% Total revenues 0 51,865 126,547 (126,547) 0.00% Expenditures Services & Charges 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 0 51,865 126,547 (126,547) Beginning fund balance 0 0 Ending fund balance 0 126,547 Page 9 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year 2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed = 100.00% For the Twelve -Month Period Ended December 31, 2023 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget SPECIAL REVENUE FUNDS - continued #120 - CENTER PLACE OPERATING RESERVE FUND Revenues Transfers in 0 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 0 0 0 0 Beginning fund balance 300,000 300,000 Ending fund balance 300,000 300,000 #121 -SERVICE LEVEL STABILIZATION RESERVE FUND Revenues Investment Interest 0 50,964 151,854 151,854 0.00% Transfers in 0 0 0 0 0.00% Total revenues 0 50,964 151,854 151,854 0.00% Expenditures Operations 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 0 50,964 151,854 151,854 Beginning fund balance 5,500,000 5,500,000 Ending fund balance 5,500,000 5,651,854 #122 -WINTER WEATHER RESERVE FUND Revenues Investment Interest 1,100 4,329 16,788 15,688 1526.20% Transfers in - #001 500,000 0 500,000 0 100.00% Subtotal revenues 501,100 4,329 516,788 15,688 103.13% Expenditures Snow removal expenses 500,000 0 0 500,000 0.00% Transfers out - #101 0 0 0 0 0.00% Total expenditures 500,000 0 0 500,000 0.00% Revenues over (under) expenditures 1,100 4,329 516,788 (484,312) Beginning fund balance 31,780 31,780 Ending fund balance 32,880 548,568 DEBT SERVICE FUNDS #204 - DEBT SERVICE FUND Revenues Spokane Public Facilities District 527,200 458,600 527,200 0 100.00% Transfers in -#001 401,150 33,429 401,150 0 100.00% Transfers in - #301 80,600 6,717 80,600 0 100.00% Transfers in - #302 80,600 6,717 80,600 0 100.00% Total revenues 1,089,550 505,462 1,089,550 0 100.00% Expenditures Debt Service Payments - CenterPlace 527,200 0 527,200 0 100.00% Debt Service Payments - Roads 161,200 0 161,200 0 100.00% Debt Service Payments -'16 LTGO Bond 401,150 0 401,150 0 100.00% Total expenditures 1,089,550 0 1,089,550 0 100.00% Revenues over (under) expenditures 0 505,462 0 0 Beginning fund balance 0 0 Ending fund balance 0 0 Page 10 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Twelve -Month Period Ended December 31, 2023 CAPITAL PROJECTS FUNDS #301 - CAPITAL PROJECTS FUND Revenues REET 1 -Taxes Investment Interest Total revenues Expenditures Transfers out - #204 Transfers out - #303 Transfers out - #311 (pavement preservation) Transfers out - #314 Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance #302 - SPECIAL CAPITAL PROJECTS FUND Revenues REET 2 - Taxes Investment Interest Total revenues Expenditures Transfers out - #204 Transfers out - #303 Transfers out - #309 Transfers out - #311 (pavement preservation) Transfers out - #314 Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance Budget Year 2023 Elapsed = 100.00% 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget 1,500,000 224,298 1,678,860 178,860 111.92% 4,000 49,144 274,630 270,630 6865.76% 1,504,000 273,442 1,953,490 449,490 129.89% 80,600 6,717 80,600 0 100.00% 560,438 0 831,000 (270,562) 148.28% 1,037,500 0 0 1,037,500 0.00% 7,199 0 0 7,199 0.00% 1,685,737 6,717 911,600 774,137 54.08% (181,737) 266,726 1,041,890 (324,646) 5,314,928 5,314,928 5,133,191 6,356,817 1,500,000 224,298 1,678,860 178,860 111.92% 6,000 44,197 305,242 299,242 5087.37% 1,506,000 268,494 1,984,102 478,102 131.75% 80,600 6,717 80,600 0 100.00% 2,520,832 0 2,964,870 (444,038) 117.61% 5,000 0 0 5,000 0.00% 1,037,500 0 0 1,037,500 0.00% 136,875 0 0 136,875 0.00% 3,780,807 6,717 3,045,470 735,337 80.55% (2,274,807) 261,778 (1,061,368) (257,234) 6,791,175 6,791,175 4,516,368 5,729,807 Page 11 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year 2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed = 100.00% For the Twelve -Month Period Ended December 31, 2023 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget CAPITAL PROJECTS FUNDS - continued #303 STREET CAPITAL PROJECTS FUND Revenues Developer Contribution 451,007 0 57,250 (393,757) 12.69% Traffic Mitigation Fees 0 10,770 179,320 179,320 0.00% Investment Interest 0 6,164 50,219 50,219 0.00% Grant Proceeds 9,521,716 429,906 5,764,160 (3,757,556) 60.54% Transfers in -#301 560,438 0 831,000 270,562 148.28% Transfers in-#302 2,520,832 0 2,964,870 444,038 117.61% Transfers in - #312 220,866 0 0 (220,866) 0.00% Total revenues 13,274,859 446,840 9,846,820 (3,428,039) 74.18% Expenditures 205 Sprague/Barker Intersection Improvement 0 0 19,580 (19,580) 0.00% 249 Sullivan & Wellesley Intersection 765,321 0 282,254 483,067 36.88% 275 Barker Rd Widening - River to Euclid 0 59 31,983 (31,983) 0.00% 299 Argonne Rd Concrete Pvmt Indiana to Mont 0 338 2,035 (2,035) 0.00% 300 Pines & Mission Intersection Improvements 342,546 4,579 229,490 113,056 67.00% 313 Barker Road/Union Pacific Crossing 1,044,000 642,122 3,506,982 (2,462,982) 335.92% 318 Wilbur Sidewalk: Boone to Mission 172,701 0 12,034 160,667 6.97% 320 Sullivan Preservation: Sprague-8th 2,466,040 72,224 797,756 1,668,284 32.35% 321 Argonne Corridor Impry - North of Knox 10,000 0 0 10,000 0.00% 326 2020 Citywide Retroreflective Post Panel 89,502 26,855 30,601 58,901 34.19% 327 Sprague Avenue Stormwater 1,557,410 51,235 51,372 1,506,038 3.30% 329 Barker Road Imp - City Limits to Appleway 97,971 16,476 118,246 (20,275) 120.69% 334 Sprague Avenue Preservation 0 0 3,363 (3,363) 0.00% 335 Mission Ave over Evergreen Rd Deck Repair 409,539 0 320,960 88,579 78.37% 340 8th Ave Sidewalk (Coleman to Park) 1,325,166 21,777 1,357,398 (32,232) 102.43% 342 2022 School Zone Flashing Beacons 112,417 0 1,223 111,194 1.09% 344 Park Rd Sidewalk - Broadway to Cataldo 338,862 2,005 230,689 108,173 68.08% 345 Park Rd Sidewalk - Nora to Baldwin 311,600 0 425,235 (113,635) 136.47% 346 Bowdish Sidewalk - 12th to 22nd 477,373 26,884 89,650 387,723 18.78% 347 Broadway and Park Intersection 2,124,411 26,943 1,863,610 260,801 87.72% 348 Barker Rd Improvements - Appleway to 1-90 300,000 48,753 77,139 222,861 25.71% 349 Trent Ave Access Control & Safety Improv 0 899 16,644 (16,644) 0.00% 351 Barker Rd Improv - Sprague to Appleway 255,000 1,019 4,298 250,702 1.69% 352 2022 Citywide Signal Backplates 0 267 3,189 (3,189) 0.00% 356 Argonne/190 Bridge 75,000 0 0 75,000 0.00% Contingency 1,000,000 0 0 1,000,000 0.00% Total expenditures 13,274,859 942,434 9,475,730 3,799,129 71.38% Revenues over (under) expenditures 0 (495,593) 371,090 (7,227,168) Beginning fund balance 1,943,151 1,943,151 Ending fund balance 1,943,151 2,314,241 Note: Work performed in the Street Capital Projects Fund for preservation projects is for items such as sidewalk upgrades that were bid with the pavement preservation work. Page 12 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Twelve -Month Period Ended December 31, 2023 CAPITAL PROJECTS FUNDS - continued #309 - PARKS CAPITAL PROJECTS FUND Revenues Transfers in - #001 Transfers in - #310 Transfers in - #312 Grant Proceeds Investment Interest Total revenues Expenditures 314 Balfour Park Frontage Improvements 316 Balfour Park Improvements - Phase 1 328 Sullivan Park Waterline 338 Loop Trail Project Parking & Trail Design (Summerfie/d, Ponderosa, F West Lawn Shade Canopy for Stage Pump replacement for Mirabeau Falls Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance #310 - CIVIC FACILITIES CAPITAL PROJECTS FUND Revenues Budget Year 2023 Elapsed = 100.00% 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget 620,327 13,333 160,000 (460,327) 25.79% 40,192 0 0 (40,192) 0.00% 5,682,846 0 4,223,646 (1,459,200) 74.32% 326,890 158,658 158,658 (168,232) 48.54% 0 0 1,158 1,158 0.00% 6,670,255 171,992 4,543,462 (2,126,793) 68.12% 5,000 1 0 5,000 0 100.00% 5,222,255 483,885 4,764,890 457,365 91.24% 500,000 191 40,499 459,501 8.10% 750,000 9,353 48,478 701,522 6.46% 136,900 0 0 136,900 0.00% 23,100 0 0 23,100 0.00% 33,000 0 0 33,000 0.00% 6,670,255 493,429 4,858,867 1,811,388 72.84% 0 (321,438) (315,405) (3,938,181) 177,301 177,301 177,301 (138,104) Investment Interest 1,000 469 4,851 3,851 485.05% Total revenues 1,000 469 4,851 3,851 485.05% Expenditures Transfers out-#309 40,192 0 0 40,192 0.00% Payment to Library District 799,093 0 799,093 0 100.00% Total expenditures 839,285 0 799,093 40,192 95.21% Revenues over (under) expenditures (838,285) 469 (794,242) (36,341) Beginning fund balance 853,709 853,709 Ending fund balance 15,424 59,466 Page 13 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year 2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed = 100.00% For the Twelve -Month Period Ended December 31, 2023 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget CAPITAL PROJECTS FUNDS - continued #311 -PAVEMENT PRESERVATION FUND Revenues Transfers in -#001 1,011,800 84,317 1,011,800 0 100.00% Transfers in -#101 1,655,955 0 0 (1,655,955) 0.00% Transfers in -#301 1,037,500 0 0 (1,037,500) 0.00% Transfers in -#302 1,037,500 0 0 (1,037,500) 0.00% Grant Proceeds 2,636,000 (113,723) 2,643,915 7,915 100.30% Investment Interest 0 3,639 138,460 138,460 0.00% Total revenues 7,378,755 (25,768) 3,794,175 (3,584,580) 51.42% Expenditures Transfers out - #101 2,677,099 0 2,677,099 0 100.00% Pre -project GeoTech Services 50,000 0 0 50,000 0.00% Pavement Preservation 7,781,651 0 0 7,781,651 0.00% 320 Sullivan Preservation: Sprague-8th 0 9,881 2,595,577 (2,595,577) 0.00% 334 Sprague Avenue Preservation 0 0 6,013 (6,013) 0.00% 339 2022 Local Access Streets: Summerfield E 0 4,140 1,402,461 (1,402,461) 0.00% 340 8th Ave Sidewalk (Coleman to Park) 0 29,459 958,721 (958,721) 0.00% 341 Broadway Preservation - Fancher to Park 0 6,638 1,383,547 (1,383,547) 0.00% 346 Bowdish Sidewalk - 12th to 22nd 0 560 560 (560) 0.00% 347 Broadway and Park Intersection 0 27,849 241,580 (241,580) 0.00% 353 Wellesley Pres - Sullivan to Flora/Trent 0 3,520 6,744 (6,744) 0.00% 354 16th Ave Pres - Evergreen to Adams 0 10,817 20,664 (20,664) 0.00% 355 32nd Ave Pres - Pines to SR-27 0 3,453 12,624 (12,624) 0.00% 357 Fancher Rd - Broadway to Trent 0 2,127 2,127 (2,127) 0.00% 358 Fancher Pres (Sprague to Broadway) 0 2,127 2,127 (2,127) 0.00% Total expenditures 10,508,750 100,572 9,309,846 1,198,904 88.59% Revenues over (under) expenditures (3,129,995) (126,340) (5,515,671) (4,783,485) Beginning fund balance 6,615,700 6,615,700 Ending fund balance 3,485,705 1,100,029 #312 - CAPITAL RESERVE FUND Revenues Transfers in - #001 5,358,054 0 5,358,054 0 100.00% Investment Interest 20,000 136,507 803,378 783,378 4016.89% Total revenues 5,378,054 136,507 6,161,432 783,378 114.57% Expenditures Transfers out-#001 2,600,000 1,400,000 1,400,000 1,200,000 53.85% Transfers out - #101 250,000 0 250,000 0 100.00% Transfers out - #303 220,866 0 0 220,866 0.00% Transfers out-#309 5,677,846 0 4,223,646 1,454,200 74.39% Transfers out-#314 797,568 0 256,011 541,557 32.10% Land Acquisition (E Sprague) 791,000 0 790,783 217 99.97% Land Acquisition (Sullivan Park) 759,600 0 0 759,600 0.00% Total expenditures 11,096,880 1,400,000 6,920,440 4,176,440 62.36% Revenues over (under) expenditures (5,718,826) (1,263,493) (759,008) (3,393,062) Beginning fund balance 16,658,020 16,658,020 Ending fund balance 10,939,194 15,899,012 Page 14 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Twelve -Month Period Ended December 31, 2023 2023 Budget Year 2023 Elapsed = 100.00% Actual Actual through Budget % of Budget December December 31 Remaining Budget CAPITAL PROJECTS FUNDS - continued #314 - RAILROAD GRADE SEPARATION PROJECTS FUND Revenues Developer Contribution 454,041 144,686 144,686 (309,355) 31.87% Grant Proceeds 4,897,013 51,887 799,966 (4,097,047) 16.34% Investment Interest 0 0 0 0 0.00% Transfers in - #301 7,199 0 0 (7,199) 0.00% Transfers in - #302 136,875 0 0 (136,875) 0.00% Transfers in -#312 797,568 0 256,011 (541,557) 32.10% Total revenues 6,292,696 196,574 1,200,663 (5,092,033) 19.08% Expenditures 143 Barker Rd/BNSF Grade Separation 223 Pines Rd Underpass 311 Sullivan Rd./SR 290 Interchange Project Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance #315 - TRANSPORTATION IMPACT FEES Revenues Transportation Impact Fees Investment Interest Total revenues Expenditures Transfers out - #303 Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance 990,894 71,715 413,771 577,123 41.76% 3,865,897 80,570 1,175,908 2,689,989 30.42% 1,615,462 112,512 130,121 1,485, 341 8.05% 6,472,253 264,797 1,719,800 4,752,453 26.57% (179,557) (68,223) (519,137) (9,844,486) 267,460 267,460 87,903 (251,678) 200,000 100,473 429,485 229,485 214.74% 0 8,978 42,404 42,404 0.00% 200,000 109,451 471,889 271,889 235.94% 0 0 0 0 0.00% 0 0 0 0 0.00% 200,000 109,451 471,889 271,889 665,904 665,904 865,904 1,137, 793 #316 - ECONOMIC DEVELOPMENT CAPITAL PROJECT FUND Revenues Transfers in - #312 0 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Cross Country Complex 0 1,800 1,800 (1,800) 0.00% Total expenditures 0 1,800 1,800 (1,800) 0.00% Revenues over (under) expenditures 0 (1,800) (1,800) 1,800 Beginning fund balance 0 0 Ending fund balance 0 (1,800) Page 15 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year 2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed = 100.00% For the Twelve -Month Period Ended December 31, 2023 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget ENTERPRISE FUNDS #402 - STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees 5,600,000 404,401 5,585,386 (14,614) 99.74% Investment Interest 2,000 40,324 172,947 170,947 8647.36% Total Recurring Revenues 5,602,000 444,726 5,758,333 156,333 102.79% Expenditures Wages / Benefits / Payroll Taxes 957,368 66,760 658,467 298,901 68.78% Supplies 99,300 2,452 102,742 (3,442) 103.47% Services & Charges 1,764,822 263,555 1,464,283 300,539 82.97% Intergovernmental Payments 48,000 0 45,640 2,360 95.08% Vehicle Rentals - #501 6,750 563 6,750 0 100.00% Total Recurring Expenditures 2,876,240 333,329 2,277,882 598,358 79.20% Recurring Revenues Over (Under) Recurring Expenditures 2,725,760 111,396 3,480,451 754,691 NONRECURRING ACTIVITY Revenues Grant Proceeds 0 0 306,665 306,665 0.00% Total Nonrecurring Revenues 0 0 306,665 306,665 0.00% Expenditures Capital - various projects 350,000 0 134,938 215,062 38.55% 300 Pines & Mission Intersection Improvement 0 0 5,200 (5,200) 0.00% 314 Balfour Park Frontage Improvements 0 0 393 (393) 0.00% 334 Sprague Avenue Preservation 0 0 2,124 (2,124) 0.00% 340 8th Ave Sidewalk (Coleman to Park) 0 191 717,411 (717,411) 0.00% 345 Park Rd Sidewalk - Nora to Baldwin 0 225 161,970 (161,970) 0.00% 346 Bowdish Sidewalk - 12th to 22nd 0 6,527 6,527 (6,527) 0.00% Transfers out - #501 60,000 0 0 60,000 0.00% Watershed Studies 100,000 5,849 23,044 76,956 23.04% Land Acquisition (Spokane Conservation Dist.) 260,000 0 252,835 7,166 97.24% Motor & Pump Replacement/Rebuild 0 88,441 88,441 (88,441) 0.00% Desks for Maintenance Shop (50% cost to #101) 1,530 0 0 1,530 0.00% Generator for Maint. Shop (50% cost to #101) 8,500 0 34,969 (26,469) 411.40% Stormwater Comprehensive Plan 50,000 0 0 50,000 0.00% Total Nonrecurring Expenditures 830,030 101,234 1,427,853 (597,823) 172.02% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (830,030) (101,234) (1,121,187) (291,157) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures 1,895,730 10,163 2,359,264 463,534 Beginning working capital 2,278,363 2,278,363 Ending working capital 4,174,093 4,637,627 Note: Work performed in the Stormwater Fund for preservation projects is for stormwater improvements that were bid with the pavement preservation work. #403 -AQUIFER PROTECTION AREA Revenues Spokane County 460,000 228,199 515,898 55,898 112.15% Grant Proceeds 397,500 3,729 621,476 223,976 156.35% Investment Interest 1,900 10,636 57,692 55,792 3036.40% Total revenues 859,400 242,563 1,195,066 335,666 139.06% Expenditures Capital - various projects 1,421,100 93,046 1,125,339 295,761 79.19% Effectiveness study 55,000 0 0 55,000 0.00% Total expenditures 1,476,100 93,046 1,125,339 350,761 76.24% Revenues over (under) expenditures (616,700) 149,517 69,727 (15,096) Beginning working capital 1,520,522 1,520,522 Ending working capital 903,822 1,590,248 Page 16 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Twelve -Month Period Ended December 31, 2023 INTERNAL SERVICE FUNDS #501 - ER&R FUND Revenues Interfund vehicle lease - #001 Interfund vehicle lease - #101 Interfund vehicle lease - #101 (plowreplace) Interfund vehicle lease - #402 Transfers in - #101 (additional dump bed truck) Transfers in - #402 Investment Interest Total revenues Expenditures Wages / Benefits / Payroll Taxes Small Tools & Minor Equipment Equipment Repair & Maintenance Vehicle Purchase Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital #502 - RISK MANAGEMENT FUND Revenues Investment Interest Transfers in - #001 Total revenues Expenditures Auto & Property Insurance Unemployment Claims Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital FIDUCIARY FUNDS #632 - PASSTHROUGH FEES & TAXES Revenues Passthrough Fees & Taxes Total revenues Expenditures Passthrough Fees & Taxes Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital Budget Year 2023 Elapsed = 100.00% 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget 59,600 4,967 59,600 0 100.00% 27,750 2,313 27,750 0 100.00% 275,000 22,917 275,000 0 100.00% 6,750 563 6,750 0 100.00% 58,000 0 0 (58,000) 0.00% 60,000 0 0 (60,000) 0.00% 2,000 9,825 52,639 50,639 2631.94% 489,100 40,583 421,739 (67,361) 86.23% 0 0 15,870 (15,870) 0.00% 10,000 1,673 12,201 (2,201) 122.01 % 0 698 5,743 (5,743) 0.00% 751,500 10,433 537,092 214,408 71.47% 761,500 12,803 570,906 190,594 74.97% (272,400) 27,780 (149,168) (257,955) 1,417,119 1,417,119 1,144,719 1,267, 952 0 3,239 4,803 4,803 0.00% 600,000 50,000 600,000 0 100.00% 600,000 53,239 604,803 4,803 100.80% 600,000 0 572,251 27,749 95.38% 0 0 49 (49) 0.00% 600,000 0 572,300 27,700 95.38% 0 53,239 32,503 (22,897) 428,022 428,022 428,022 460,525 591,000 100,535 599,600 8,600 101.46% 591,000 100,535 599,600 8,600 101.46% 591,000 115,514 600,183 (9,183) 101.55% 591,000 115,514 600,183 (9,183) 101.55% 0 (14,979) (583) 17,784 0 0 0 (583) Page 17 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Twelve -Month Period Ended December 31, 2023 Total of Revenues for all Funds Per Revenue Status Report Difference Total of Expenditures for all Funds Per Expenditure Status Report Difference Total Capital expenditures (included in total expenditures) Budget Year 2023 Elapsed = 100.00% 2023 Actual Actual through Budget % of Budget December December 31 Remaining Budget 140,938,043 15,195,319 136,934,774 140,938,043 15,195,319 136,934,774 157,672,446 14,352,466 134,498,309 157,672,446 14,352,466 134,498,309 41,223,903 2,092,520 28,777,221 Page 18 P:\Finance\Finance Activity Reports\Council Monthly Repo rts\2 024\2 024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA 3/26/2024 Investment Report For the Twelve -Month Period Ended December 31, 2023 NW Bank Gesa Total LGIP' CD #2068 CD #9613 Investments Beginning $ 106,640,316.42 $ 3,195,435.19 $ 2,095,825.25 $ 111,931,576.86 Deposits 3,870,605.61 0.00 0.00 3,870,605.61 Withdrawls (1,740,000.00) 0.00 0.00 (1,740,000.00) Interest 989,729.26 39,036.43 25,482.06 1,054,247.75 Jan'24 Accrued Interest Receivable (497,001.35) 0.00 0.00 (497,001.35) Ending $ 109,263,649.94 $ 3,234,471.62 $ 2,121,307.31 $ 114,619,428.87 matures: 7/26/2024 11212025 rate: 5.15% 5.30% Earnings Balance Current Period Year to date Budget 001 General Fund $ 61,294,537.49 $ 580,028.98 3,262,325.72 $ 65,000.00 101 Street Fund 5,140,924.22 46,567.39 122,689.83 500.00 103 Trails & Paths 41,934.32 379.84 1,945.91 100.00 104 Tourism Facilities Hotel/Motel 4,298,603.85 38,937.50 234,242.71 5,000.00 105 Hotel/Motel 525,970.82 4,764.33 26,188.66 1,000.00 106 Solid Waste Fund 1,014,160.07 9,186.44 91,695.94 4,000.00 107 PEG Fund 185,476.27 1,680.08 10,249.00 0.00 108 Affordable & Supportive Housing 681,239.39 6,170.78 29,957.77 0.00 109 Tourism Promotion Area 683,470.18 6,190.99 24,547.84 0.00 110 Homeless Housing Program 81,010.00 733.81 1,020.47 0.00 120 CenterPlace Operating Reserve 0.00 0.00 0.00 0.00 121 Service Level Stabilization Reserve 5,626,262.02 50,963.67 151,853.88 0.00 122 Winter Weather Reserve 477,885.93 4,328.77 16,788.18 1,100.00 301 Capital Projects 5,425,421.74 49,144.42 274,630.46 4,000.00 302 Special Capital Projects 4,879,200.53 44,196.65 305,242.42 6,000.00 303 Street Capital Projects 680,516.88 6,164.24 50,219.32 0.00 309 Parks Capital Projects 0.00 0.00 1,157.55 0.00 310 Civic Buildings Capital Projects 51,804.07 469.25 4,850.52 1,000.00 311 Pavement Preservation 401,686.50 3,638.55 138,459.73 0.00 312 Capital Reserve Fund 15,070,056.82 136,507.21 803,377.78 20,000.00 314 Railroad Grade Separation Projects 0.00 0.00 0.00 0.00 315 Transportation Impact Fees 991,189.96 8,978.37 42,403.61 0.00 316 Economic Development Capital Proj 0.00 0.00 0.00 0.00 402 Stormwater Management 4,451,704.48 40,324.31 172,947.19 2,000.00 403 Aquifer Protection 1,174,132.21 10,635.50 57,691.52 1,900.00 501 Equipment Rental & Replacement 1,084,611.61 9,824.60 52,638.72 2,000.00 502 Risk Management 357,629.51 3,239.47 4,802.82 0.00 632 Passthrough Fees & Taxes 0.00 0.00 0.00 0.00 $ 114,619,428.87 $ 1,063,055.15 $ 5,881,927.55 $ 113,600.00 *Local Government Investment Pool Page 19 P:\Finance\Finance Activity Reports\Council Monthly Reports\2024\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA 3/26/2024 Sales Tax Receipts For the Twelve -Month Period Ended December 31, 2023 Month Difference Received 2022 2023 $ % February 3,202,171.48 3,327,068.41 124,896.93 3.90% March 2,441,337.89 2,669,835.22 228,497.33 9.36% April 2,550,319.99 2,592,511.36 42,191.37 1.65% May 3,153,928.13 3,105,321.94 (48,606.19) (1.54%) June 3,039,845.65 2,995,877.23 (43,968.42) (1.45%) July 3,009,859.02 3,212,629.74 202,770.72 6.74% August 3,235,239.66 3,389,163.24 153,923.58 4.76% September 3,139,069.66 3,170,059.37 30,989.71 0.99% October 3,284,249.15 3,159,258.80 (124,990.35) (3.81%) November 3,413,874.54 3,279,100.86 (134,773.68) (3.95%) December 3,179,520.40 3,072,314.83 (107,205.57) (3.37%) January 2,913,075.29 2,908,601.23 (4,474.06) (0.15%) 36,562,490.86 36,881,742.23 319,251.37 0.87% 36,562,490.86 36,881,742.23 Sales tax receipts reported here reflect remittances for general sales tax, criminal justice sales tax and public safety tax. The sales tax rate for retail sales transacted within the boundaries of the City of Spokane Valley is 8.9%. The tax that is paid by a purchaser at the point of sale is remitted by the vendor to the Washington State Department of Revenue who then remits the taxes back to the various agencies that have imposed the tax. The allocation of the total 8.9% tax rate to the agencies is as follows: - State of Washington 6.50% - City of Spokane Valley 0.85% - Spokane County 0.15% - Spokane Public Facilities District 0.10% - Criminal Justice 0.10% - Public Safety 0.10% * 2.40% local tax - Juvenile Jail 0.10% * - Mental Health 0.10% * - Law Enforcement Communications 0.10% * - Spokane Transit Authority 0.80% 8.90% * Indicates voter approved sales taxes In addition to the .85% reported above that the City receives, we also receive a portion of the Criminal Justice and Public Safety sales taxes. The distribution of those taxes is computed as follows: Criminal Justice: The tax is assessed county -wide and of the total collected, the State distributes 10% of the receipts to Spokane County, with the remainder allocated on a per capita basis to the County and the cities within the County. Public Safety: The tax is assessed county -wide and of the total collected, the State distributes 60% of the receipts to Spokane County, with the remainder allocated on a per capita basis to the cities within the County. 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(o a V N p 2 p 2 V -0 0) O a N 7 0) U 0 0) Ii�Q��Q(AOZD ~mQ N H 0 .�.. 0 .�. 0 C ■ N O N O N O N O O O i f� 1 T O N co O r O O O 0 N O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 Ln o M O N O N O Ln P:\Finance\Finance Activity Reports\Debt Capacity\2024\debt capacity 2024 CITY OF SPOKANE VALLEY, WA Debt Capacity Assessed Value for 2024 Property Taxes 17,533,706,897 Maximum Outstanding Remaining Debt as of 1 Debt 1 % Capacity 12/31/2023 Capacity Utilized Voted (UTGO) 1.00% of assessed value 175,337,069 0 175,337,069 0.00% Nonvoted (LTGO) 1.50% of assessed value 263,005,603 9,085,000 253,920,603 3.45% Voted park 2.50% of assessed value 438,342,672 0 438,342,672 0.00% Voted utility 2.50% of assessed value 438,342,672 0 438,342,672 0.00% 1,315,028,016 9,085,000 1,305,943,016 0.69% 2014 LTGO Bonds 4 Road & LTGO Bonds Period Street 2016 LTGO Grand Ending CenterPlace Improvements Total Bonds Total 12/1/2014 225,000 135,000 360,00 0 360,000 Bonds 12/1/2015 175,000 125,000 300,00 0 300,000 Repaid 12/1/2016 185,000 130,000 315,000 75,000 390,000 12/1/2017 190,000 130,000 320,000 150,000 470,000 12/1/2018 230,000 135,000 365,000 155,000 520,000 12/1/2019 255,000 140,000 395,000 160,000 555,000 12/1/2020 290,000 140,000 430,000 165,000 595,000 12/1/2021 320,000 145,000 465,000 170,000 635,000 12/1/2022 350,000 150,000 500,000 175,000 675,000 12/1/2023 390,000 155,000 545,000 180,000 725,000 2,610,000 1,385,000 3,995,000 1,230,000 5,225,000 12/1/2024 430,000 0 430,000 185,000 615,000 12/1/2025 465,000 0 465,000 195,000 660,000 12/1/2026 505,000 0 505,000 00,000 705,000 12/1/2027 395,000 0 395,000 05,000 600,000 12/1/2028 300,000 0 300,000 215,000 515,000 12/1/2029 245,000 0 245,000 2 0,000 465,000 12/1/2030 225,000 0 225,000 2 000 450,000 Bonds 12/1/2031 180,000 0 180,000 23 ,000 415,000 Remaining 12/1/2032 130,000 0 130,000 24 000 370,000 12/1/2033 165,000 0 165,000 250,000 415,000 12/1/2034 0 0 0 260, 00 260,000 12/1/2035 0 0 0 270, 00 270,000 12/1/2036 0 0 0 280,0 0 280,000 12/1/2037 0 0 0 290,0 0 290,000 12/1/2038 0 0 0 305,00 305,000 12/1/2039 0 0 0 315,00 315,000 12/1/2040 0 0 0 330,000 330,000 12/1/2041 0 0 0 340,000 340,000 12/1/2042 0 0 0 355,000 355,000 12/1/2043 0 0 0 365,000 365,000 12/1/2044 0 0 0 375,000 375,000 12/1/2045 0 0 0 390,000 390,000 3,040,000 0 3,040,000 6,045,000 9,085,000 5,650,000 1,385,000 7,035,000 7,275,000 14,310,000 Page 24 Him 1 R 7 a Na O p N L J Q U O i R r Lu zco C-4 ~ 0 C9 (n fn N co LL � T 0 LL N � r U M LL 0 LO O Cj (T Cl) N Cl) N t N J Cl) J � 00 CA (T J 00 3 M J � (9 J � (9 r- _ 117 J co J � 00 Cfl J (9 LO J � O Cl) LO 00 �00 J � CT LO M N � (9 J � LO LO O � lO J � Cfl i a? 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