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2002, 12-10 Regular MeetingCITY OF SPOKANE VALLEY AMENDED DEC. 10, 2002 CITY COUNCIL AGENDA — REGULAR MEETING CITY HALL AT RED WOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, December 10, 2002 — 6 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. APPROVAL OF AGENDA 6. PUBLIC COMMENTS For members of the Public to speak to the Council regarding matters NOT on the Agenda. Please state your name and address for the record and limit remarks to three minutes. Thank you.) 7. COUNCIL REPORTS 8. ACTION ITEMS A) Consent Calendar* 1. Approval of the December 3, 2002, Regular Meeting Minutes 2. Approval of Claims - None B) Motions 1. Authorize Mayor to Execute Contract with the Prothman Company for interim Management Services 2. Appointment of a Finance Committee — Council Confirm 3. Appointment of an Ad -hoc Governance Coordination Committee C) Ordinances 1. Ordinance 6: An Ordinance of the City Council of the City of Spokane Valley, Spokane County, Washington, Requiring Certain City Officials to Take an Oath of Office and Furnish a Bond 'The Consent Agenda consists of items considered routine which are considered as a group. A Councilmcrnber may remove an item from the Agenda to be considered separately. - Page 1 of 3 - 2. Ordinance 7: An Ordinance of the City Council of the City of Spokane Valley, Spokane County, Washington, Relating to Legal Actions Brought Against City Officials and Employees, Providing for Legal Representation for Conduct, Acts and Omissions on Behalf of the City Within the Scope of Their Services or Employment and Other Matters Reasonably Related Thereto. 3. Ordinance 8: An Ordinance of the City of Spokane Valley, Spokane County, Washington, Adopting a System for the Issuance, Use and Control of Credit Cards by City Officials and Employees Including Authority to Adopt Rules and Procedures Reasonably Related Thereto. 4. Ordinance 9: An Ordinance of the City of Spokane Valley, Spokane County, Washington, Establishing Accounting Funds 5. Ordinance 10: An Ordinance of City of Spokane Valley, Spokane County, Washington, Establishing a General Fund Petty Cash Account for the City of Spokane Valley for the Purpose of Making Minor Authorized Disbursements 6. Ordinance 11: An Ordinance of City of Spokane Valley, Spokane County, \Washington, Establishing a Small Works Roster to Award Public Works Contracts 7. Ordinance 12: An Ordinance of City of Spokane Valley, Spokane County, Washington, Providing for Small Contract Authorization Resolutions Resolution 02 -08: A Resolution of the City of Spokane Valley, Spokane County, Washington, Designating March 31, 2003, as the Official Date of Incorporation for the City of Spokane Valley 2. Resolution 02 -09: A Resolution of the City of Spokane Valley, Spokane County, Washington, Authorizing Investment of City of Spokane Valley Monies Into the Local Government Investment Pool 3. Resolution 02 -10: A Resolution of the City of Spokane Valley, Spokane County, Washington, in The Matter Of A Loan From Spokane County to The City of Spokane Valley Payable From Road District Regular Property Tax Collection Distributions 9. CITY MANAGER AND STAFF REPORTS 10. PUBLIC COMMENTS (Maximum of three minutes please; please state your nine and address for the record) - Paee 2 of 3 - 11. NEW BUSINESS A) Authorization of City Logo Contest 12. ADJOURNMENT - Paee 3 of 3 - CITY OF SPOKANE VALLEY CITY COUNCIL. AGENDA — REGULAR MEETING CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington 7. COUNCIL REPORTS 8. ACTION ITEMS C) Ordinances Tuesday, December 10, 2002 — 6 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. APPROVAL OF AGENDA 6. PUBLIC COMMENTS (For members of the Public to speak to the Council regarding matt= NOT on the Agenda. Please state your name ani address for the record and limit remarks to three minutes. Thank you.) A) Consent Calendar* 1. Approval of the December 3, 2002, Regular Meeting Minutes 2. Approval of Claims - None B) Motions 1. Authorize Mayor to Execute Contract with the Prothman Company for Interim Management Services 2. Appointment of a Finance Committee — Council Confirm 1. Ordinance 6: An Ordinance of the City Council of the City of Spokane Valley, Spokane County, Washington, Requiring Certain City Officials to Take an Oath of Office and Furnish a Bond •1be Consent Agenda consists of itcans considered routine which are considcaixl as a group. A Councilmemher may remove an item from the Agenda to he considered separately. - Page ] of 2 - 2. Ordinance 7: An Ordinance of the City Council of the City of Spokane Valley, Spokane County, Washington, Relating to Legal Actions .Brought Against City Officials and Employees, Providing for Legal Representation for Conduct, Acts and Omissions on Behalf of the City Within the Scope of Their Services or Employment and Other Matters Reasonably Related Thereto. 3. Ordinance 8: An Ordinance of the City of Spokane Valley, Spokane County, Washington, Adopting a System for the Issuance, Use and Control of Credit Cards by City Officials and Employees Including Authority to Adopt Rules and Procedures Reasonably Related Thereto. 4. Ordinance 9: An Ordinance of the City of Spokane Valley, Spokane County, Washington, Establishing Accounting Funds 5. Ordinance 10: An Ordinance of City of Spokane Valley, Spokane County, Washington, Establishing a General Fund Petty Cash Account for the City of Spokane Valley for the Purpose of Making Minor Authorized Disbursements 6. Ordinance 11 An Ordinance of City of Spokane Valley, Spokane County, Washington, Establishing a Small Works Roster to Award Public Works Contracts 7. Ordinance 12: An Ordinance of City of Spokane Valley, Spokane County, Washington, Providing for Small Contract Authorization Resolutions 1. Resolution 02 -08: A Resolution of the City of Spokane Valley, Spokane County, Washington, Designating March 31, 2003, as the Official Date of Incorporation for the City of Spokane Valley 2. Resolution 02 -09: A. Resolution of the City of Spokane Valley, Spokane County, Washington, Authorizing Investment of City of Spokane Valley Monies Into the Local Government Investment Pool 9. CITY MANAGER AND STAFF REPORTS 10. PUBLIC COMMENTS (Maximum of three minutes please; please state your name and address for the record) 1 1. NEW BUSINESS A) Authorization of City Logo Contest 12. ADJOURNMENT u Dec 10 -03 G i 1v 0 / r Ar -Fw / A/i0 all 6) 3 To: City Council From: Deputy City Manager Subject: Governance Coordination Committee Pursuant to Council consensus at the recent seminar, I have started review and consolidation of the subjects and material covered in both the private conferences and the discussions Saturday. The coming holidays would provide a perfect opportunity to get started preparing rough drafts of the elements of a future manual. I recommend that we get started with a committee of the Mayor and one or two other Council members who can meet between Christmas and New years ( or perhaps sooner). In keeping with the principle of "no surprises ", 1 mentioned this procedure in my presentation during the retreat of Nov 25 Council consensus was to proceed. The Motion to have the seminar, and the seminar itself constitute ample pre dismission. We are ready to get started as Council wishes. Since this is the last official meeting in December, a motion could be: Move to " appoint a Council ad -hoc Governance Coordination Committee to explore elements of a Governance Coordination Manual for Spokane Valley and bring recommendations to the Council for discussion or adoption ". if a Committee is appointed, I will arrange a schedule to fit the convenience of the members. There is also a possibility that some involvement of members of the Citizens Governance Transition committee may be appropriate. nes AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafterACity @ and Prothman Company hereinafterAConsult.ant @, _jointly referred to as Aparties®. 2. AGREEMENT FOR PROFESSIONAL SERVICES Prothman Company RECITALS This Agreement is made in reference to and shall be interpreted in accordance with the following facts and assumptions, which the parties accept as true: 1. The City is in the process of organizing for incorporation, which will likely occur on March 31, 2003. The City Council has been elected, but the City has not hired administrative staff. 3. The Prothman Company is a business entity that has been formed for the purpose of providing experienced interim employees to municipal corporations. 4. The City recognizes the difficulty in hiring adequate staff to provide essential City services leading to the City's likely incorporation on March 31, 2002. 5. The Prothman Company has assembled a group of individuals who are available to provide interim municipal services, including persons with substantial experience in the fields of administration, land use, planning & building, public works, and finance. 6. The Prothman Company is in a position to provide to the. City interim staff which will help meet the City's interim staffing needs. TN CONSIDERATION of the terns and conditions contained herein the parties covenant and agree as follows: 1. Work to Be Performed. The Consultant will provide all labor, services and material to satisfactorily complete the attached Pre - Incorporation work Program plus such other work as requested hereinafter "Scope of Services ". A. Administration. The Mayor and City Council or their designee shall administer and be the primary contact for Consultant. Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work and promptly cure any failure in performance under this agreement. . 13. Interim City Ivlanatzer. The Prothman Company has appointed Lee Walton to perfortn the duties of Interim City Manager. The person selected to be Interim City Manager must be approved by a majority of the City Council. The Interim City Manager serves during the interim C:1Docuinents and SettingsLAdministratorkl,ncal Settingsvremporary Internet Fi1cslContent. IES\ O5AFOLQJ .Agmx4ProfServicesProthmant 2.do• 1 period described in RCW 35.02.130. The interim City Manager shall have such administrative powers and duties as are delegated by the City Council. C. interim City Staff. The Interim City Manager selects interim staff at the direction and approval of the City Council, to serve during the Interim Period as Prothman Company employees. if additional Prothman Company interim staff are to be hired at the direction of the City Council, the Prothman Company will source and present qualified candidates for review and approval by the City Council. Employee compensation for each position will be established by reviewing the "Association of Washington Cities" annual salary survey for similar positions in cities of comparable size plus 40%. The City Council shall have the right m its sole discretion, without cause, to direct the Protlunan Company to replace any member of the interim staff, including the Interim City Manager during the Interim Period. The Interim City Manager will confer with the Mayor regarding hours worked by the interim staff; however, the maximum hours to he billed in a two week period for each interim employee will not exceed 110 hours. 1. Permanent Employment. The City reserves the right at any time, in its sole discretion, to create offices, departments and employments through ordinance and budget in accordance with State law. Thereafter, the City may hire individuals, to staff the established positions including Prothman employees provided no transfer to City employment will occur before at the end of the contract period. D. Employer Duties of the Prothman Company. The Prothman Company shall (1) pay all wages and other remuneration to its employees who are provided under this Agreement, (2) prepare and File all payroll tax returns and reports, (3) pay all amounts due and owing pursuant to the payroll tax returns and reports which are prepared and filed, (4) prepare, file, and furnish to employees applicable employee tax forms, and (5) prepare and file, with a copy to the City, applicable employer tax forms. E. Supervision of Employees. At the direction of the City Council the Interim City Manager shall supervise the daily activities of employees. Employees shall discharge governmental responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations, and procedures adopted by the City. The Prothman Company shall have no control over such governmental responsibilities and such ordinances, resolutions, rules, regulations, and procedures. F. Duties of City. The City shall (1) provide a work place for staff and maintain the work place in accordance with applicable health and working standards and specifications, (2) comply with all safety engineering and governmental health and safety rules, regulations, directives, orders, or similar requirements, (3) provide all required safety equipment, (4) post or provide employee notices required by law, and (5) notify the Prothman Company itnmediately of all employee illnesses, accidents, injuries, and absences. G. Representations. The City has relied upon the qualifications of the Consultant in entering into this agreement. By execution of this agreement, Consultant represents it possesses C:Documeats mid SettingsL4dministratorUrocnl SettingATemporury Internet Files\ Content. lE5105APO1 ,QJ1Agrec4YrofScrviosProthmant 2.doc 2 the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Services. No substitutions of personnel shall be made without the consent of the City Council. H. Modifications. The City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered by the City Council. 2. Term of Contract. This Contract shall be in full force and effect upon execution of this agreement and shall remain in effect until. completion of all contractual requirements which is estimated to occur on June 30, 2003. Either party may terminate this Agreement by thirty (30) days written notice to the other party. In the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to pay the Consultant in accordance with Appendix "A" as full compensation for everything done under this agreement. The City shall reimburse the Consultant for photocopying, postage, graphic reproduction at actual cost and will pay for authorized air travel and lodging. The City will provide a $600.00 monthly (or portion thereof) housing stipend to the following staff: Interim City Manager, Interim Deputy City Manager, Interim City Clerk and such other persons approved by the City Council. The City Council shall solely determine the length of time the stipend is provided. 4. Transfer Fee. The City Council, at its option, may desire to hire some or all of the Prothman Company employees as regular City employees. If the City decides to hire a Protlunan Company employee as a regular City employee the City agrees to pay Prothman Company a 5% transfer fee calculated by multiplying the starting annual salary times 5% (.05). Karin Bosworth shall be excluded from this provision. 5. Payment. The Consultant shall be paid monthly upon presentation of an invoice to the City. Applications for payment shall be sent to the Mayor at the below stated address. 6. Notice. Notice shall be given in writing as follows: TO THE, CITY: Name: Mayor, Mike DeVleming Phone Number: (509) 921 -1000 Address: 11707 East Sprague Avenue Spokane, WA 99206 TO THE Consultant: Name: Greg Prothman Phone Number: (206) 368 -0050 Address: 1 0853 8 Avenue NFU Seattle, WA 98177 7. Applicable Laws and Standards. The parties, in the performance ofthis agreement, agree to comply with all applicable Federal, State, Local laws, ordinances, and regulations. C_1Documents and SettingsWdministrstorkLocal ScningsVTemportuy Interim' FilcslContrniIE5l05AFOLQJl4grce4ProftiervicesProthrnnnt 2.doc 3 8. Relationship of the Parties. It is understood, agreed and declared that the Consultant shall be an independent Consultant and not the agent or employee of the City, that the City is interested in only the results to be achieved and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the Consultant. Any and all employees who provide services to the City under this agreement shall be deemed employees solely of the Consultant. The Consultant shall be solely responsible for the conduct and actions of all employees under this agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by the Consultant under this agreement are and shall be the property of the City. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Consultant =s records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period ofthree years from the date final payment is made hereunder. 11. Insurance. Unless covered by City insurance, during the term of the contract, the Consultant shall maintain in force at its own expense, the following insurance: A. Workers= Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide workers= compensation coverage for all their subject workers and Employer =s Liability or Stop Gap insurance in the amount of $500,000.00; 13. General Liability Insurance on an occurrence basis with a combined single limit, of not less than $1,000,000.00 each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemn.ity provided under this contract. It shall provide that the City, its officers, employees and agents are additional insureds but only with respect to the Consultant =s services to be provided under the contract; C. Automobile Liability Insurance with a combined single limit, or the equivalent, or not less than $1,000,000.00 each accident for bodily injury and property damage, including coverage for owned, hired or non -owned v ehicles; and D. Professional Liability Insurance with a combined single limit of not less than $1,000,000.00 each claim, incident or. occurrence. This is to cover damages caused by the error, omission, or negligent acts related to the professional services to be provided under this contract. The coverage must remain in effect for at least two (2) years after the contract is completed. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without thirty (30) days written notice from the Consultant or its insurer(s) to the City. C:\Docuntcnt5 and Settings\Administrator\Local Settings \Temporary Internet riles\ Content. I. E5\O5 AFOLQJ\Agree4ProiScrvicesProthmant 2.doc 4 As evidence of the insurance coverages required by this contract, the Consultant shall furnish acceptable insurance certificates to the City at the time the Consultant returns the signed contract. The certificate shall specify all of the parties who are additional insured, and will include applicable policy endorsements, the thirty (30) day cancellation clause, 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 Consultant shall be financially responsible for all pertinent deductibles, self - insured retentions, and /or self - insurance. 12. Indemnification. The Prothman Company shall indemnify, defend, and hold harmless the City for the purposes of all required payroll deductions and withholdings, legally required workers' compensation insurance and other employee benefits. The City releases and agrees to indemnify, defend, and hold harmless The Prothman Company, the employees of the Prothman Company, and the agents, personnel, directors, and officers of the Protln.rnan Company from any and all actions, claims, damages, or injuries to persons or property, penalties, obligations or liabilities arising out of or related to the services performed by the interim employee that are under the control of the City and are within the course and scope of City employment. The Prothman C- ompany releases and agrees to indemnify, defend, and hold harmless the City, its officers, employees and consultants, from any and all actions, claims, damages, or injuries to persons or property, penalties, obligations or liabilities arising out of or related to the acts or omissions of the interim employee that are not under the control of the City or are not within the course and scope of City employment. If the City is notified or becomes aware of any alleged improper or illegal activities by the interim employee the City shall notify The Prothman Company immediately. 13. 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 ofthis 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 to be construed to be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof. 14. AssiQnmcnt 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. 15. Confidentiality. Consultant may from time to time receive information which is deemed by the City to be confidential. Consultant shall not disclose such information without the express consent of the City or upon order of a Court of competent jurisdiction. 16 Jurisdiction and Venue. This Contract is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. C:1Documents and SettinesslAdministrator(LoeaI Settings \Ternporary Internet Files \ Cont entIE5l OSAPOLQJ \Agree4ProfServiceSProthmant 2.doc 5 17. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the parties hereto. 18. Anti - kickback. No officer or employee of the City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 2002. CITY OF SPOKANE VALLEY: Consultant: Mayor, Mike DeVleming Owner APPROVED AS TO FORM: Interim City Attorney, Stanley M. Schwartz C:1Documents and SeningslAdministrator\Local SettingslTcmporary Internet Files\ Content. lE5\ 05AFOLQJLAgret4ProfScrviocsProthmnnt 2.doc 6 Appendix "A" .PROFESSIONAL SERVICES FEES Professional fees for providing management services to the City of Spokane - Valley are listed below. Person Position Per Hour Lee Walton Interim City Manager $85 Stan McNutt Interim Deputy City Manager $83 Bob Noack Interim Finance Director $70 Senior Accountant $52 Jim Harris Interim Community Development Director $70 Dick Warren Interim Public Works Director $70 Public Works Specialists $5$ Bob Ely Interim Building Official $70 Ruth Muller Interim City Clerk $56 Bob Jean Interim Contracts !Manager (part -time) $$5 Don Morrison Human Resources Manager $63 Bill Hutsinpiller Parks and Recreation Consultant $70 Karin Bosworth Administrative Assistant $21 Administrative Assistant $21 Greg Prothman .Project Manager (as needed) $125 All costs incurred during the project are the responsibility of the City. Expense items include but are not limited to: • Facsimile and delivery expenses • Printing of documents and materials • Travel expenses and related costs for the Project Manager & Contracts Manager • Travel expenses for interim team members excluding interim team travel to and from home Interim team monthly housing stipend of $600 per month • Other associated miscellaneous costs • Mileage reimbursement $.35 per mile AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REQUIRING CERTAIN CITY OFFICIALS TO TAKE AN OATH OF OFFICE' AND FURNISH A BOND WHEREAS, RCW 35A.13.160 provides that the provisions of RCW 35A.12.080 relating to oaths and bonds of officers shall be applicable to cities organized under a council- manager plan. WHEREAS, RCW 35A.12.080 provides that the City Clerk, City Treasurer, City Chief of Police and such other officers as designated by ordinance shall furnish annually an official bond to guarantee honest and faithful performance of their official duties. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Oath Required. ORDINANCE NO. 6 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON The City Manager, City Clerk, City Treasurer, City Finance Director and the City Chief of Police, before entering upon the performance of their duties, shall be required to take an oath or affirmation for the faithful performance of their duties in substantially the following form. T do solemnly swear (or affirm) that 1 will faithfully and impartially to the best of my ability perform the duties of the office of in accordance with the laws of the State of Washington and all other duly enacted laws, rules and policies of the City of Spokane Valley, Spokane County, Washington. By: OATH OF OFFICE [Attestation] The oath or affirmation shall be given before the Mayor and fled with the Spokane County Auditor. C:1Documents and Seuings\Administ atorkLocal Scttings \Temporruy Internet Fi1es\OLKBD1Ordinancc No 6 Bonds and Oaths.doc 1 Section 2. Bond Re uired. Prior to performance of their duties, the City Manager, City Clerk, City Treasurer, City Finance Director and City Chief of Police shall be required to furnish an official bond, to be renewed annually, conditioned on the honest and faithful performance of their official duties. The premium on the bond(s) shall be paid by the City. The amount of the bonds shall be as follows: ATTEST: Approved As To Form: 1. City Manager $50,000.00 2. City Clerk $50,000.00 3. Finance Director $25,000.00 4. Chief of Police $25,000.00 In lieu of individual fidelity bonds, the City may purchase a blanket fidelity bond in amounts not less than those provided for above. Section 3. Effective Date. This ordinance shall take effect on the official date of incorporation. Passed By the City Council of the City of Spokane Valley on December , 2002. Interim City Clerk, :Ruth Muller Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor Mike DeVleming C:1Documents and Settings1Administrato kL,ocal Settings\Tcmpormy Internet FFi1es10LI.BD1Ordinanee No 6 Bonds and Oaths -doe 2 A ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, RELATING TO LEGAL ACTIONS BROUGHT AGAINST CITY OFFICIAf..S AND EMPLOYEES, PROVIDING FOR LEGAL REPRESENTATION FOR CONDUCT, ACTS AND OMISSIONS ON BEHALF OF THE CITY WITHIN THE SCOPE OF THEIR SERVICES OR EMPLOYMENT AND OTHER MATTERS REASONABLY RELATED THERETO. WHEREAS, the City of Spokane Valley finds and declares it is in the best interest of the City of Spokane Valley to defend and represent its officials and employees who are acting in good faith on behalf of the City of Spokane Valley and in furtherance of the City of Spokane Valley's business and interests; WHEREAS, City officials and employees may be the subject of claims or lawsuits that relate to their official and/or employment duties with respect to the City of Spokane Valley; and WHEREAS, pursuant to RCW 35A.21.220, the City of Spokane Valley will acquire insurance for the purpose of providing coverage against liability and damage claims; and WHEREAS, the City of Spokane Valley desires to authorize the defense of an action or proceeding at the expense of the City of Spokane Valley as allowed by RCW 4.96.041. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Definitions. Section 2. Legal Representation. ORDINANCE NO. 7 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASEI NGTON Unless the context indicates otherwise, the words and phrases used in this Ordinance shall have the following meaning: A. "Employee" means any person who is or has been employed by the City of Spokane Valley, including volunteers. B. "Official" means any person who is serving or has served as an elected official of the City of Spokane Valley, and any person who is serving or who has served as an appointed member of any City Board, Commission, Committee or any other appointed position within the City of Spokane Valley. The term "appointed" as used herein shall mean a person appointed by City Council action as authorized by State law or City Resolution or Ordinance. A. The City shall provide to an official or employee, subject to the conditions and C:\Documcnts and SettingsWdministrater\Local SettingslTempora y Internet i ilcslOLK]3D\Ordinance Noi.doc 1 requirements of this Ordinance, and notwithstanding the fact that such official or employee may have concluded service or employment with the City, such legal representation as may be reasonably necessary to defend a claim or lawsuit filed against such official or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the City in his /her capacity as a City official or employee, which act or omission is within the scope of his /her service or employment with the City. This Ordinance is subject to repeal or modification at the sole discretion of the City Council, provided, that such repeal or modification shall apply prospectively only, and shall have no effect upon the obligation to indemnify and /or defend against any claim which is based, in whole or in part, upon any act or omission of an official occurring prior to the effective date of the repeal or modification. B. The legal services shall be provided by the office of the City Attorney unless: 1. Any provision of an applicable policy of insurance provides otherwise; 2. The City Attorney appoints alternate legal counsel to the case; or 3. A conflict of interest or ethical bar exists with respect to said representation by the City Attorney. C. In the event outside counsel is retained under subparagraphs 13 (1) or (2) above, the City shall indemnify the employee for the reasonable costs of defense, provided that in no event shall the officer or employee be indemnified for attorney's fees in excess of hourly rates established by the City's contract with the attorney selected by the City. The officer or employee shall be liable for all hourly charges in excess of said rate. Section 3. Exclusions. A In no event shall protection as provided by this Ordinance be offered by the City to or involving 1. Any dishonest, fraudulent, criminal, willful, intentional or malicious act or course of conduct of an official or an employee; 2. Any act or course of conduct of an official or employee which is not performed on behalf of the City; 3. Any act or course of conduct which is outside the scope of an official's or employee's service or employment with the City; 4. Any lawsuit brought against an official or employee by or on behalf of the City; and/or 5. Any action or omission contrary to or not in furtherance of any adopted City policy. B. Nothing herein shall be construed to waive or impair the right of the City Council C_\Documents and Scttings\Administrator Local Setting VFemporsry Internet Ficeslol,.i i3D\Ordinalce No7.doc 2 to institute suit or counterclaim against any official or employee nor limit its ability to discipline or terminate any official or employee_ C. The provisions of this Ordinance shall have no force or effect with respect to any accident, occurrence or circumstance for the which the City or the official or employee is insured, from whatever source, against loss or damage; provided that the provisions of this Ordinance shall apply in the event the loss or damages fall within the deductible or exclusion(s) of the City's applicable insurance policy. The provisions of this Ordinance are intended to be secondary to any contract or policy of insurance whether owned by or otherwise applicable to any official or employee. The City shall have the right to require an employee to fully utilize any such policy protection prior to requesting the protection afforded by this Ordinance. Section 4. Determination of Exclusion. The determination of whether an official or employee shall be afforded a defense by the City under the terms of this Ordinance shall be made by the City Council. The decision of the City Council shall be final as a legislative determination and shall be based upon a finding that an official or employee meets or does not meet the criteria of this Ordinance. Nothing herein shall preclude the City from undertaking the defense of an officer or employee under a reservation of rights. The determination as to whether a defense is to be furnished as provided under this Ordinance to a member or to members of the City Council shall be made without the vote of such member or members of the City Council unless the inclusion of such member or members is required for a quorum; provided, that if a claim or lawsuit affects a quorum or greater number of the members of the City Council, all such affected members shall retain their voting privileges under this section. Section 5. Representation and Payment of Claims - Conditions. conditions are met: The provisions of this Resolution shall apply only when the following A. In the event of any incident or course of conduct potentially giving rise to a claim for damages, or for the commencement of a lawsuit, the official or employee involved shall, as soon as practicable, give the City Manager written notice thereof; identifying the official or employee involved, all information known to the official or employee involved with respect to the date, time, place and circumstances surrounding the incident or conduct giving rise to the potential claim or lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses. B. Upon receipt thereof, the official or employee shall forthwith deliver any claim, demand, notice or summons or other process relating to any such incident or conduct to the City Manager and City Council, and shall cooperate with the City Attorney or if the City Attorney authorizes or designates another attorney to handle the matter, with that attorney, and, upon request, shall assist in making settlement of any suit and enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the City because of any damage or claim of loss arising from said incident or course of conduct, including, but not C:(Docurnents and Sctting SeningslTemporary Internet FiIes1OLKBD\Ordinancc No7.doc 3 limited to, rights of recovery for costs and attorney's fees arising out of state or federal statute upon a determination that the lawsuit brought was frivolous in nature. C. Such official or employee shall attend interviews, depositions, hearings and trials and shall assist in securing and giving evidence and obtaining assistance of witnesses all without any additional compensation to the official or employee, and, in the event that an employee has left the employ of the City, no fee or compensation shall be provided; and, D. Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense related to said claim or lawsuit, other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss or damage. Nothing herein shall be deemed to preclude any official or employee from retaining any attorney to represent his/her interests relating to such claim or lawsuit; however, all costs and expenses incurred thereby shall be paid by the official or the employee. Section 6. Effect. of Compliance with Conditions. If legal representation of an official or employee is undertaken by the City, all of the conditions of representation are met, and a judgment is entered against the official or employee, or a settlement is made, the City shall pay such judgment or settlement; provided, that the City may in its sole discretion appeal as necessary any such judgment. Section 7. Failure to Comply with Conditions. In the event that any official or employee fails or refuses to comply with any of the conditions set forth in Section 5 of this Ordinance, or elects to provide his/her own representation with respect to any such claim or litigation, then all of the provisions of this Ordinance shall be inapplicable, and shall have no force or effect with respect to any such claim or litigation. In the event any official or employee falls within the scope of this Section 7, the City shall not be responsible to pay an award of non - punitive or punitive damages as allowed by RCW 4.96.041(4). Section 8. Reimburs ment of Incurred Ex en rases. A. If the City determines that an official or employee does not come within the provisions of this Ordinance, and a court of competent jurisdiction later determines that such claim does come within the provisions of this Ordinance, then the City shall pay any judgment rendered against the official or employee and reasonable attorney's fees incurred in defending against the claim. The City shall pay any costs and reasonable attorney's fees incurred in obtaining the determination that such claim is covered by the provisions of this Ordinance; provided, that if a court of competent jurisdiction determines that such claim does not come within the provisions of this Ordinance, then the official or employee shall pay the City's costs and reasonable attorney's fees incurred in obtaining the determination that such claim is not covered under the provisions of this Ordinance. 13. If the City determines that a claim against an official or employee does come C:1Documi nts and Settings\AdministralorlLocal Scttings\Tcmporary Internet Fileslol..KBDIOrdinannce No7.doc 4 within the provisions of this Ordinance, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this Ordinance, then the City shall be reimbursed by the official or employee for costs or expenses incurred in obtaining the determination that such claim is not covered by the provisions of this Ordinance. Section 9. Conflict with Provisions of Insurance Policies. The indemnification provisions of this Ordinance do not constitute a policy of insurance, and nothing contained in this Ordinance shall be construed to modify or amend any provisions of any policy of insurance where City official or employee thereof is the named insured. In the event of any conflict between this Ordinance and the provisions of any such policy of insurance, the policy provisions shall be controlling; provided, however, that nothing contained in this Ordinance shall be deemed to limit or restrict any employee's or official's right to full coverage pursuant to this Ordinance, it being the intent of this Ordinance to provide the coverage detailed in this Ordinance only outside and beyond insurance policies which may be in effect while not compromising the terms and conditions of such policies by any conflicting provisions contained in this Ordinance. Section 10. Pending Claims. The provisions of this Ordinance shall apply to any claims or lawsuits filed against any official or employee, and any such claims or lawsuits hereinafter filed, irrespective of the date of the events or circumstances which are the basis of such claim or lawsuit. Section 11. Punitive Damages. If an official or employee has complied with the provision of Section 5 of this Ordinance and a court of competent jurisdiction finds that the claim or lawsuit filed against such official or employee resulted from any conduct, act or omission of such official or employee performed or omitted on behalf of the City in his/her capacity as an official or employee and said conduct, act or omission was within the scope of his /her service or employment with the City, then the City shall be solely responsible for the payment of any punitive damages awarded for such claim or lawsuit. Section 12. Severabilitv. 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 the Ordinance. Section 13. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. G:\Documents and Scttings\Adntinisarstor \Loc ii Seuingsl'remporary Internet FiIcs1OLKBD\Ordinancc No7.doe 5 Section 14. Notice to Insurer. Publication of this Ordinance shall be deemed notice to the City insurer(s) of the duties and matters contained herein. ATTEST: Adopted this day of December, 2002. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz City of Spokane Valley Mayor Michael DeVleming C:1Documents and Setting,qk.Administratoilocal Seatingsl'I"cmporary Internet Files1OLKHDlordinance No7.doc 6 City of Spokane Valley 11707 East Sprague Avenue Spokane Valley, WA 99206 (509) 921 -1000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL The following is the title and summary of Ordinance No. 7 passed by the City of Spokane Valley City Council on the day of December, 2002. A ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COI.TNTY, WASHINGTON, RELATING TO LEGAL ACTIONS BROUGHT AGAINST CITY OFFICIALS AND EMPLOYEES, PROVIDING FOR LEGAL REPRESENTATION FOR CONDUCT, ACTS AND OMISSIONS ON BEHALF OF THE CITY WITHIN TILE. SCOPE OF THEIR SERVICES OR EMPLOYMENT AND OTHER MATTERS REASONABLY RELATED TITERETO. The introductory paragraphs state the City desires to establish the right of legal representation by the City on behalf of employees and officials. Section 1. provides definitions for the ordinance. Section 2 provides the conditions of legal representation by the City for officials and employees. Section 3 provides exclusions from the ordinance. Section 4 states the process to determine an exclusion. Section 5 provides for representation and payment of claims and states conditions. Section 6 requires compliance with conditions by officials and employees. Section 7 states a failure to comply with conditions results in no representation. Section 8 provides for reimbursement of current expenses. Section 9 deals with conflict between provisions of insurance policies. Section 10 addresses pending claims. Section .11 addresses punitive damages. Section 12 provides for a severability clause. Section 13 states the effective date. Section 14 provides for notice to the City insurers. The full text of the Ordinance is available at the City of Spokane Valley offices as identified above. A copy will be mailed out. upon request. Ruth Muller Interim City Clerk Published: C:1Doeumenc4 and Scttines1AdrninistratorU,.oca1 Settings \Temporary Internet Files\OLKBD\Ordinance \°o7.doc 7 ORDINANCE NO. 8 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASIITNGTON ADOPTING A SYSTEM FOR THE ISSUANCE, USE AND CONTROL OF CREDIT CARDS BY CITY OFFICIALS AND EMPLOYEES INCLUDING A UTFIOR1TY TO ADOPT RULES AND PROCEDURES REASONABLY RELATED THERETO. WHEREAS, the City Council finds the use of credit cards allows for the efficient operation of the City when purchasing goods, supplies and other items from vendors, as well as, charging expenses incident to authorized travel; and WHEREAS, RCW 43.09.2855 and RCW 42.24.115 authorized the use of credit cards for governmental purchases and acquisitions, as well as, expenses incident to authorized travel provided the City adopts a system relating to the distribution, authorization, credit limits, payment and control of the use of such credit cards. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Definitions. As used in this ordinance, the term "credit card" means a card or device issued under an arrangement pursuant to which the issuer [credit card company] gives to the card holder (the City] the privilege of obtaining credit from the issuer. Section 2. Approval of Use of Credit Cards. The City of Spokane Valley City Council hereby approves the use of credit cards by the City Council, City Manager, City Finance Director, and other individuals designated by the City Manager for the purchase of various items for use by the City of Spokane Valley and the payment of necessary and reasonable educational and travel expenses of officials and employees. Section 3. Issuance, Use and Control of Credit Cards. The City adopts the following system for the issuance, use control of credit cards by City officials and employees. A. The City Manager or designee is authorized to obtain City credit cards under the following system which provides for the distribution, authorization, control, credit limits and payment of bills through the use of the credit cards by City officials and employees. 1. Issuance and Use. Credit cards may be issued to the City of Spokane Valley and used by City officials and authorized employees for purchasing goods, supplies and other items from vendors or incurring registration, training or travel expenses in connection with the performance of their duties on behalf of the City. 2. Authorization and Control. Upon authorization from the City Manager, City officials and employees may obtain credit cards from the City Finance Director who shall maintain a ledger of the individual receiving the credit card including the date the card was received. The Finance Director shall implement accounting controls to insure the proper use of credit cards and credit card funds. 3. Credit Limits. The credit limit shall not exceed $3,000.00 per card. C:IOrdinancrs\Ordinance No 8 Credit Cards.doc 1 4. Payment of Bills. The City Finance Director shall establish a procedure for the prompt payment of all credit card bills on or before the due date. 5. Unauthorized Charges. No official or employee shall use the City issued credit card for non -City business purposes. No charge(s) shall exceed amounts established and available in the City budget. 6. Cash Advances. Cash advances on credit cards is prohibited. B. Expenses incident to authorized travel may be charged to a City issued credit card provided the official or employee returns to the City a itemized travel expense voucher with credit card receipts. if certain credit charges are disallowed as a result of audit or City policy, such charge must be repaid to the City with the City having the right to withhold funds payable to the official or employee up to the amount of the disallowed charge including interest at the rate charged by the credit card company. C. The City Manager is authorized to revoke the use of any charge card issued and immediately require the surrender of the credit card. The City Manager may deliver a revocation order to the charge card company with the City not being liable for any future costs incurred after the date of revocation. D. The City Manager is authorized to adopt any additional rules or policies necessary to implement the provisions of this ordinance. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of December, 2002. Interim City Clerk, Ruth Muller APPROVED AS TO FORM: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: C:\Ordinanc Ordinance No 8 Credit Cardsdoc 2 Mayor, Michael DeVleming City of Spokane Valley 11707 East Sprague Avenue Spokane Valley, WA 99206 (509) 921 -1000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL The following is the title and summary of Ordinance No. 8 passed by the City of Spokane Valley City Council on the day of December, 2002. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON ADOPTING A SYSTEM FOR THE ISSUANCE, USE AND CONTROL OF CREDIT CARDS BY CITY OFFICIALS AND EMPLOYEES INCLUDING AUTHORITY TO ADOPT RULES AND PROCEDURES REASONABLY RELATED THERETO. The introductory paragraphs state the City desires to create two budget funds. Section 1 defines the term "credit card ". Section 2 approves the use of credit cards for City purchases. Section 3 relates to the issuance, use and control of City credit cards. Section 4 establishes a severability clause in the event some portion of the Ordinance is held invalid. Section 5 states this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. The full text of the Ordinance is available at the City of Spokane Valley offices as identified above. A copy will be mailed out upon request. Ruth Muller Interim City Clerk Published: C:tordutanccs Ordinance No 8 Crcdit Cards.doc 3 AN ORDINANCE. OF 'I Ill CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING ACCOUNTING FUNDS WHEREAS, in connection with the incorporation of the City of Spokane Valley, and its municipal functions and financial operations, it is appropriate to establish accounting funds for the City of Spokane Valley. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. General Fund. There is hereby established a fund to be known as the General Fund out of which current expenses of the City of Spokane Valley shall be paid, and which will be used to account for financial transactions of the general operating functions of City Departments, and to account for those transactions not properly accounted for in another fund. Section 2. Street Fund. Section 3. Severability. Section 4. Effective Date. ORDINANCE NO. 9 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON There is hereby established a fund to be known as the Street Fund into which shall be paid all moneys received by the City of Spokane Valley as diverted road taxes pursuant to RCW 35.02.140, and into which may be paid moneys received by the City of Spokane Valley as distributions, pursuant to RCW 46.68.090(1)(i), of the motor vehicle fuel taxes imposed by the State of Washington. Moneys in the fund shall be used generally by the City of Spokane Valley for planning, establishing, constructing, repairing and maintaining the City's streets, sidewalks and appurtenances, including pedestrian and bicycle paths, lanes and routes. However, nothing herein shall prohibit the City Council from appropriating such additional moneys to the fund as may be deemed necessary. Accounting and reporting procedures as to all street expenditures shall comply with the current manual of instructions published by the Washington State Auditor. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. C:l[)ocuments and Settings\AdministratorlLocal SettingslTemporary Internet Files\OLKBDIOrdinance No 9 Creating Fundsdoc 1 ATTEST: Passed By the City Council of the City of Spokane Valley on December , 2002. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor, Michael DeVleming C:1Documents and Sett.ingslAdministrator\Local ScttingalTemporary Internet Files\OLKBD\Ordinnnec No 9 Creating Funds.doc 9 ATTEST: ORDINANCE NO. 10 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON AN ORDINANCE OF TB_I: CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING A GENERAL FUND PETTY CASH ACCOUNT FOR THE CITY OF SPOKANE VALLEY FOR '1'111. PURPOSE OF MAKING MINOR AUTHORIZED DISBURSEMENT'S WHEREAS, the City of Spokane Valley is a non - charter code city organized and existing under the provisions of Title 35A of the Revised Code of Washington; and WHEREAS, the City Council believes it to be in the best interest of the City of Spokane Valley and conducive to the efficient handling of the business of the City of Spokane Valley to establish a petty cash account in the General Fund for the purpose of making minor disbursements. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. General Fund Petty Cash Established. The City Manager or designee is hereby authorized to establish a General Fund Petty Cash Account in such amounts as the City Manager may from time to time, in writing, determine necessary for the efficient handling of the purposes for which the fund is established but not to exceed $400.00. This fund is established to facilitate minor authorized disbursements and the making of change. The fund shall be administered by the City Manager, Finance Director or designees of the same, in accordance with rules or policies providing for such lavvfiil administration. Section 2. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs i.n the official newspaper of the City as provided by law. Passed By the City Council of the City of Spokane Valley on December , 2002. Interim City Clerk, Ruth Muller Mayor, Michael DeVleming C :1Docurne'its and Setting s\ SettingslTcmporary Internet Files \OLf BD1Ordinanee No 10 Petty Cash.doc 1 Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: C:\Ducuments and Settings l.AdministratorlLocal Senin&s\Temporury Lttcrnct Files1OLKBDIOrdinance No 10 Petty Cashdoc 2 ORDINANCE NO. 11 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING A SMALL WORKS ROSTER TO AWARD PUBLIC WORKS CONTRACTS WHEREAS, state law provides a uniform procedure to award contracts for the construction, building, renovation, remodeling, alteration, repair or improvement of real property that is owned, controlled or used by the City of Spokane Valley; WHEREAS, the procedures set forth in this Ordinance authorize the City of Spokane Valley to award contracts based upon a small works roster maintained in the office of the City Clerk; V+'lREAS, use of a small works roster will expedite and reduce the time and expense associated with the formal competitive bidding process for a public work. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Small Works Roster. There is hereby established for the City of Spokane Valley in the office of the City Clerk a small works roster comprised of contractors who (1) have requested to be on the roster, and (2) are properly licensed or registered to perform contracting work in the State of Washington. The small works roster may be used in lieu of formal sealed competitive bid procedures to award contracts for public work where the estimated cost of the work is $200,000.00 or less. Contractors are responsible to keep current with the office of the City Clerk required information and copies of applicable licenses, registrations, bonds, insurance or other appropriate matters as a condition of being considered for the work. The small works roster is created and maintained pursuant to the laws of the State of Washington as now enacted or hereafter amended Section 2. Creation of Separate Rosters. The City of Spokane Valley may elect to establish small works rosters for different specialties or categories of anticipated work with such rosters making distinctions between contractors based upon such specialties or work. Section 3. Maintenance of Roster. The small works roster shall be maintained as follows. A. At least once per year, the City of Spokane Valley shall publish in a newspaper of general circulation a notice of the existence of the small works roster(s) soliciting the names of contractors for such roster. The City of Spokane Valley shall place on the small works roster the names of qualified contractors who respond to the published notice with a request to be included on the roster(s). Thereafter, the City of Spokane Valley shall add to the roster(s) the names of contractors who submit a written request and appropriate records. C:iOrd"ninces1Ordinance No 11.doc 1 B. In order to be included on the roster, the contractor shall supply information on a contractor qualification form developed by the City of Spokane Valley. The contractor qualification form shall include, at a minimum, the name, address and phone number of the contractor, the contractor's Washington registration number, the contractor's insurance company, the contractor's bonding company and the contractor's area or areas of work. Section 4. Use of Koster. A. The City of Spokane Valley may utilize the small works roster when seeking to construct any public work or improvement with an estimated cost including labor, material, supplies and equipment of $200,000.00 or less. B. To award a public work from the roster, the City of Spokane Valley shall either invite bids or proposals from at least five (5) qualified contractors on the small works roster or from all contractors on the small works roster. If the cost of the public work is-estimated to be less than $35,000.00, the City of Spokane Valley may elect to solicit three (3) written quotations from the roster. In the event the City of Spokane Valley elects to receive quotations from less than all contractors on the roster, the City shall attempt to equitably distribute the opportunity to bid on the public work in such a manner so as to avoid favoritism to any individual contractor. C. The invitation to submit bids shall include a description by the City of Spokane Valley of the scope and nature of the work to be performed, the materials and equipment to be furnished and the time and date when the bids must be received. D. When awarding a contract for work from the small works roster, the City of Spokane Valley shall award the contract to the lowest responsible bidder, provided however, the City of Spokane Valley reserves the right under applicable law to reject any or all bids and to waive procedural irregularities in the bid or bidding process. In addition to price, the City of Spokane Valley shall take into account the following when determining the "lowest responsible bidder ". 1. The ability, capacity and skill to perform the contract; 2 Whether the contractor can perform the required work within the time specified by the City of Spokane Valley; 3. Quality of the contractor's performance under previous contracts with the City of Spokane Valley or other governmental entity; and 4. The previous and existing compliance by the contractor with laws relating to contracts for public works or services with the City of Spokane Valley. E. Once a contractor has been afforded an opportunity to submit a bid, that contractor shall not be offered another opportunity until all other appropriate contractors C:lOrdinanceslOrdinance No 11.doc 2 on the small works roster have been afforded an opportunity to submit a bid. Any tendered bid may be revised or withdrawn prior to the time and date the City of Spokane Valley has established for receipt. F. The City of Spokane Valley may receive bids telephonically, in writing or electronically. The time and date of receipt shall be recorded to ensure all bids are presented in a timely fashion for review and consideration. After expiration of the time and date for submission of all bids or quotations, the City Manager or his designee shall review the same and either offer a contract to perform the public work or submit the same to the City Council for approval. G. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and made available by telephone inquiry. The City of Spokane Valley shall maintain a list containing the names of contractors, registration numbers, contract amount, description of the work and the date of award for the previous twenty - four (24) months where only three (3) written quotations have been solicited prior to award of the contract. H. A. contract awarded from a small works roster under this Ordinance need not be advertised in a legal newspaper of general circulation. 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. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: Section 5. Severability. Section 6. Effective Date. Passed By the City Council of the City of Spokane Valley on December 2002. Interim City Clerk, Ruth Muller Mayor, Michael DeVleming C ;\0rdinnnceslOrdinauce No 11 .doc 3 Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: C:\Ordinanccs Ordinance No 11.doc 4 City of Spokane Valley 11707 East Sprague Avenue Spokane Valley, WA 99206 (509) 921 -1000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL The following is the title and summary of Ordinance No. 11 passed by the City of Spokane Valley City Council on the day of December, 2002. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASILT_NGTON, ESTABLI.SJJ NG A SMALL WORKS ROSTER TO AWARD PUBLIC WORKS CONTRACTS The introductory paragraphs state the City desires to establish the right of legal representation by the City on behalf of employees and officials. Section 1 provides for a small works roster. Section 2 provides for a creation of separate rosters. Section 3 provides for a maintenance of roster. Section 4 provides for a use of roster. Section 5 provides for a severability clause. Section 6 states the effective date. The full text of the Ordinance is available at the City of Spokane Valley offices as identified above. A copy will be mailed out upon request. Ruth Muller Interim City Clerk Publ i shed: C:1OrdinancsslOrdinancc No 11.dac: 5 ORDINANCE NO. 12 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE: COUNTY, WASHINGTON, PROVIDING FOR SMALL CONTRACT AUTHORIIZATiON WHEREAS, for convenience in handling the procurement of goods, services and works by the City of Spokane Valley, and for the convenience of merchants with whom the City of Spokane Valley deals, the City Council of the City of Spokane Valley, Spokane County, Washington desires to authorize the City Manager to enter into small contracts without obtaining approval for each contract from the City Council, provided the procurement is within the scope of the City budget and is reviewed by the Auditing Offices. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Authorization to enter into small contracts for City. Pursuant to RCW 35A.13.080, the City Manager is responsible for the supervision over the administration affairs of the City. Additionally, the City Manager may perform such other duties as the City Council may determine. Therefore, the City Council hereby determines that the City Manager shall have purchasing and contracting authority on individual purchases of services or goods for contracts not to exceed 55,000.00 after obtaining three telephone bids or quotes on the contract for services or goods, provided that, no telephone bid is required for purchases below 5500.00. The City Manager shall select the lowest responsible quote/bid and shall report the purchases to the City Council. Contracts more than $5,000.00 are subject to City Council approval. Section 2. 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 3. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Passed By the City Council of. the City of Spokane Valley on December , 2002. C:1Resol ationsl0rdinance No 12 Small Contracts.doo 1 Mayor, Michael DeVleming ATTEST: Interim City Clerk, Ruth Muller Approved As To Form: , interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: C:1Resolutions1Ordinance No 12 Small Contractsdoc 2 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 02 -08 A RESOLUTION OF T TE. CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, DESIGNATING MARCH 31, 2003 AS THE OFFICIAL DATE OF INCORPORATION FOR THE CITY OF SPOKANE VALLEY WHEREAS, Chapter 35.02 RCW permits the City of Spokane Valley to become incorporated at a date from 180 days to 360 days following a successful vote on the question of incorporation; WHEREAS, RCW 35.02.130 provides that the City Council shall adopt a Resolution during the above period which establishes the official date of incorporation; and WHEREAS, the City Council finds it to be in the best interest of the citizens of the City of Spokane Valley to incorporate on March 31, 2003. NOW, THEREFORE, be it Resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Incorporation Date. The official date of incorporation for the City of Spokane Valley, Spokane County, Washington, shall be March 31, 2003, at 12:01 a.m. ATTEST: Section 2. Effective Date. This Resolution shall become effective immediately upon passage by the Spokane Valley City Council and on the date of incorporation. Adopted this _ day of December, 2002. City of Spokane Valley Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz 1)ooument4 1 Mayor Michael DeVleming A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AUTHORIZING INVESTMENT OF CITY OF SPOKANE VALLEY MONIES INTO THE LOCAL GOVERNMENT INVESTMENT POOL WHEREAS, pursuant to Chapter 294, Laws of 1986, A Local Government Investment Pool in the State Treasury was created for the deposit of money by a political subdivision for purposes of investment by the State Treasurer; and WHEREAS, the City Council does hereby find that the deposit and withdrawal of money in the Local Government Investment Pool in accordance with the provisions of the applicable state law is in the best interest of the City of Spokane Valley; NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Authorization. The City of Spokane Valley does hereby authorize the deposit and withdrawal of City monies in the Local Government Investment Pool in the State Treasury in accordance with state law for the purpose of investment. Section 2. City Manager and City Financial Officer Authorized to Order Deposits and Withdrawals. The City Manager and the City Financial Officer shall be authorized to order the deposit or withdrawal of monies in the Local Government Investment Pool. Section 3 Effective Date. This Resolution shall become effective immediately upon passage by the Spokane Valley City Council and on the date of incorporation, ATTEST: Adopted this day of December, 2002. Interim City Clerk, Ruth Muller CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 02 -09 City of Spokane Valley Mayor Michael DeVleming C:1 12.csotutionslit s+ ?. No. 02-09, LGIP 1 APPROVED AS TO FORM.: Interim City Attorney, Stanley M. Schwartz C:1Resohnions\Rcso. No. 02 -09. LC(P 2 NO. 02 -10 BEFORE THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON iN THE MATTER OF A LOAN FROM SPOKAiNE COUNTY TO THE CiTY OF SPOKANE VALLEY PAYABLE FROM ROAD DISTRICT REGULAR PROPERTY TAX COLLECTION DISTRIBUTIONS RESOLUTiON WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley was incorporated having an "official date of incorporation" of March 31, 2003; and WHIREAS, pursuant to RCW 35.02.270, counties may make interest free loans to newly formed cities to facilitate the transition to an incorporated city; and WHEREAS, pursuant to RCW 35.02.180, territory included within a newly incorporated city shall be removed from the road district as of the "official date of incorporation "; and WHEREAS, whenever any territory forming a part of an incorporated city is part of a road district and road district regular property taxes are collectable on property within such territory, the same shall, when collected by the county treasurer, be paid to such city and placed in the city street Fund; and WHEREAS, the City of Spokane Valley will experience a temporary cash flow shortage and as a result thereof has requested that Spokane County loan it $1,000,000.00; and WHEREAS, Spokane County has agreed to make an interest free loan to the City of Spokane Valley of $1,000,000.00 in installments of $300,000.00 upon execution of a Promissory Note, $250,000.00 on January 10, 2003, $250,000.00 on February I0, 2003 and $200,000.00 on March 10, 2003. The loan would be subject to the following conditions: (1) the City of Spokane Valley repay Spokane County the sum of $1,000,000.00 by executing a Promissory Note which would authorize the Spokane County Treasurer to automatically deposit in the Spokane County Current Expense Fund No. 010 all Spokane County Road District regular property taxes that are collected after March 31, 2003 on any property within the City of Spokane Valley until such date as such deposits equal $1,000,000.00, and (2) the City of Spokane Valley pay to Spokane County on or before March 31, 2002 all interest earned on such loan installments. Page 1 of 2 WHEREAS, the City of Spokane Valley agrees to the conditions set forth in the immediately preceding recital as a condition of Spokane County making an interest free loan to the City of $1,000,000.00 in installments of $300,000.00 upon execution of a Promissory Note, $250,000.00 on January 10, 2003, 5250,000.00 on Pebruaiy 10, 2003 and $200,000.00 on March 10, 2003. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of Spokane Valley, that the Mayor be and is hereby authorized to execute, at other than an open meeting, any and all documents necessary for the City of Spokane Valley to obtain a loan from Spokane County of 51,000,000.00 in installments of $300,000.00 upon execution of a Promissory Note, 5250,000.00 on January 10, 2003, 5250,000.00 on February 10, 2003 and $200,000.00 on March 10, 2003, which loan will be repaid by the City of Spokane Valley authorizing the Spokane County Treasurer to automatically transfer and deposit all collected Road District taxes that would otherwise go to the City of Spokane Valley under RCW 35.02.040 after March 31,2003 to Spokane County until such date as said deposits amount to $1,000,.000.00. PASSED AND ADOPTED this day of , 2002. CITY OF SPOKANE VALLEY By: Mayor ATTEST: Approved as to Form: City Clerk BY: By: Stanley Schwartz, Interim City Attorney 0: \Resolutionslcity of valley loan resolution 120302.doe Page 2 of 2 DATED this PROMISSORY NOTE - 0 - Interest Payable from Road District Regular Property Tax Collection Distributions RECITALS (1) Pursuant to RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business. (2) Pursuant. to chapter 35.02 RCW, the City of Spokane Valley has been incorporated having an "official date of incorporation" of March 31, 2003. (3) Pursuant to RCW 35.02.270, Spokane County may make interest free loans to newly incorporated cities during the interim period between the date the newly elected officials take office until the "official date of incorporation." (4) Pursuant to RCW 35.02.180, territory included within a newly incorporated city shall be removed from the road district as of the "official date of incorporation." (5) Whenever any territory forming a part. of an incorporated city is part of a road district and road district regular property taxes are collectable on property within such territory, the same shall, when collected by the county treasurer, be paid to such city and placed in the city street fund. (6) The City of Spokane Valley will experience a cash flow shortage and as a result thereof has requested that Spokane County loan it from the County Current Expense Fund No. 010 $1,000,000.00 in installments of $300,000.00 upon execution of this Promissory Note, $250,000.00 on January 10, 2003, $250,000.00 on February 10, 2003 and $200,000.00 on March 10, 2003. All interest earned on moneys loaned by Spokane County shall be paid to the Spokane County on March 31, 2003. (7) The City of Spokane Valley will agree to repay the $1,000,000.00 by authorizing the Spokane County Treasurer to automatically transfer and deposit all collected Road District taxes that would otherwise go to the City of Spokane Valley under RCW 35.02.140 after March 31, 2003 to the Spokane County Current Expense Fund No. 010 until such date as said deposits equal $1,000,000.00. NOW, THEREFORE, for and in consideration of Spokane County loaning, interest free, to the City of Spokane Valley from Spokane County Current. Expense Fund No. 010 $1,000.000.00 in installments of $300,000.00 upon execution of this Promissory Note, $250,000.00 on January 10, 2003, $250,000.00 on February 10, 2003 and $200,000.00 on March 10, 2003, the City of Spokane Valley, having offices for the transaction of business at 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, promises (1) to pay Spokane County all interest earned on such installments on or before March 31, 2003, and (2) to pay to Spokane County the sum of $1,000,000.00 as follows: The Spokane County Treasurer shall automatically deposit in the Spokane County Current Expense Fund No. 010 all Spokane County Road District regular property taxes that are collected after March 31, 2003 on any property within the City of Spokane Valley until such date as such deposits equal $1,000,000.00. day of , 2002. CITY OF SPOKANE. VALLEY: ATTEST: City Clerk By: By: Its: Clerk (Title) NO. BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF AN INTEREST FREE LOAN OF $1 MILLION DOLLARS IN INSTALLMENTS TO THE CITY OF SPOKANE VALLEY REPAYABLE FROM ROAD DISTRICT REGULAR PROPERTY TAX COLLECTION DTSTRI I3U`I OF SPOKANE COUNTY, WASHINGTON RESOLUTION WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley has been incorporated having an "official date of incorporation" of March 31 2003; and WHEREAS, pursuant to the provisions of RCW 35.02.270 counties may make loans of staff and equipment, and technical and financial assistance, to newly formed cities during the interim period to facilitate the transition to an incorporated city. Such loans and assistance may be without compensation. The interim period is from the date that the newly elected officials take office. to the "official date of incorporation "; and N1rfIERE4S, pursuant to RCW 35.02.180, territory included within a newly incorporated city or town shall be removed from the road district as of the "official date of incorporation ;" and WHEREAS, whenever any territory forming a part of an incorporated city is part of a road district and road district regular property taxes are collectable on property within such territory, the sane shall, when collected by the county treasurer, be paid to such city and placed in the city street fund; and WHEREAS, the City of Spokane Valley will experience a temporary shortage of cash flow and as a result thereof has requested that Spokane County make available a loan from the County Current Expense Fund No. 010 of $1,000,000.00 in installments of $300,000.00 upon execution of a Promissory Note, $250,000.00 on January 10, 2003, 5250,000.00 on February 10, 2003 and 5200,000.00 on March 10, 2003. All interest earned on moneys loaned by the Spokane County shall be paid to the Spokane County on March 31, 2003; and WHEREAS, the City of Spokane Valley will agree to repay the $1,000,000,00 loan from Spokane County by authorizing the Spokane County Treasurer to automatically transfer and deposit all collected Road District taxes that would otherwise go to the City of Spokane Valley Page 1 of2 under RCW 35.02.040 after March 31, 2003 to Spokane County to be deposited in Spokane County Current Expense Fund No. 010 until such date as said deposits equal $ 1,000,000.00. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County, as authorized by RCW 35.02.270, that the Board of County Commissioners does hereby agree. to a loan to the City of Spokane Valley from the County Current Expense Fund No. 010, $1,000,000.00 in installments of $300,000.00 upon execution of a Promissory Note, $250,000.00 on January 10, 2003, $250,000.00 on February 10, 2003 and $200,000.00 on March 10, 2003. All interest earned on moneys loaned by the Spokane County shall be paid to the Spokane County on March 31, 2003. Said loan shall be repaid by the City of Spokane Valley executing a Note and authorizing the Spokane County Treasurer to automatically transfer and deposit all collected Road District taxes that would otherwise go to the City of Spokane Valley under RC\V 35.02.140 after March 31,2003 to Spokane County to be deposited in Spokane County Current Expense Fund No. 010 until such date as said deposits equals $1,000,000.00. The Director of Administrative Services is hereby authorized to take any and all steps necessary to carry out the Board's authorization as set forth within this Resolution. ATTEST: V1CKY M. DALTON CLERK OF THE BOARD BY: O:1Kcsoluiionslloan to city of valley 120302.doc Page 2 of 2 PASSED AND ADOPTED this day of , 2002. Dan.iela Erickson, Deputy PI- IILLIP D. HARRIS BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASI•I11i 1GTON KATE M. MCCASLIN, Chair JOHN ROSKELLEY, Vice -Chair City of Spokane Valley CONTEST REQUIREMENTS: DRAFT Logo Design contesf WHAT IT IS: The City Council is seeking to create an official seal or logo for the newly created City of Spokane Valley. The logo is used on all official City documents, letterhead, signs used on City buildings, and other related items used to identify the new City. PRIZE: A cash prize of $500 will be awarded to the winning design. Where portions of one or more designs are used, the prize money will be divided among the top two or three winners. 1. Contest is open to any adult or child living in the City of Spokane Valley. Multiple entries will be accepted, but a registration form must accompany each entry. 2. Each design may be created "freehand" or by computer and must be submitted on a 8 1 /2 by 11" sheet of paper in a horizontal or landscape format. No more than three colors can be used. A black and white copy must be submitted along with any colored design. If the design is created on a computer, a disk must be provided along with the hard copies. 3. Entries will be judged by a panel from the City of Spokane Valley. The City Council will reserve the right to modify, refine, or alter the winning design. Thewinning design will be legally copyrighted by the City of Spokane Valley and remain the sole property of the City. After selection, the logo may not be used by the entrant or any others except by written permission of the City. 4. The City Council reserves the right to refuse any and all entries, if necessary. Employees and elected officials and their immediate family members are ineligible. 5. Deadline for Entry: All entries must be postmarked by midnight, January 2003. Final selection of the winner is expected to be made no later than January 30, 2003. DRAFT ENTRY FORM ON BACK New logo Needed Hem! Logo examples from nearby cities: Entry Form — Mail to: Logo Contest (by ) City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Please Print: Name: Age (if under 18): Address: City: Zip: Phone: Please sign: I hereby agree to the rules stipulated for the contest. If my design is chosen or a portion thereof is used by the City in the final logo, I hereby relinquish any rights to use the design or portion thereof without express consent of the City. The City retains all copyright to the design or portion thereof used. Signed: Date: Parent or Guardian's Signature (if applicable) Please attach paper copies to this form AND write your name on the reverse side of the submitted design(s). Be sure to include your computer disk if saved! WANTED ", Designing Men, Women & Kids in the City of Spokane Valley, Washington Our new City needs a logo. What an honor it would be to create and contribute this lasting legacy to your City! All residents of Spokane Valley are invited to enter the City's logo contest. Entries must be postmarked no later than , 2003, and must be limited to 8 by 11" paper. Each entry should be clearly labeled with the name, address, and telephone number. An individual may submit as many separate entries as he /she desires. All entries become the property of the City and the City reserves the right to modify or use portions of selected design as it may determine. Submit design entries no later than , 2003, to the following address: City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 This is a chance to express what your City is! Dream what your City may become! Show what your City means to you! ENTER THE CITY OF SPOKANE VALLEY LOGO CONTEST OPEN TO ENTRIES THROUGH. , 2003 k RaQ Cad pert aoc (Diana) (Steve) (Gary) (Rich) (Mike) (Dick) Name 1- Council Member Wilhite* 2- Council Member Taylor 3- Mayor DeVleming (Mike) 4- Council Member Schimmels 5- Council Member Munson 6- Council Member Flanigan 7- Council Member Denenny Present / Absent 'Deputy Mayor City of Spokane Valley Council Member Roll Call List S Name (Please Pr *it) t ) Address ( Ply i .- v - C? A , g. ' f '7 ---),:klizL -- ;- 36 6 . S )- Ur ()Le) ,.Z 7 ,.7d6, I bate CITIZEN OM T City of Spokane Valley City Council Meeting Please state your name and address for the Meeting Minutes. - Thank you