2005, 01-11 Regular Meeting MinutesMayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 58 meeting.
Attendance:
Councilmembers:
Diana Wilhite, Mayor
Rich Munson, Deputy Mayor
Dick Denenny, Councilmember
Mike DeVleming, Councilmember
Mike Flanigan, Councilmember
Gary Schimmels, Councilmember
Steve Taylor, Councilmember
MINUTES
City of Spokane Valley
City Council Regular Meeting
Tuesday, January 11, 2005
Staff:
Dave Mercier, City Manager
Nina Regor, Deputy City Manager
Cary Driskell, Deputy City Attorney
Ken Thompson, Finance Director
Marina Sukup, Community Development Director
Neil Kersten, Public Works Director
Mike Jackson, Parks and Recreation Director
Tom Scholtens, Building Official
Scott Kuhta, Long Range Planner
Cal Walker, Police Chief
Sue Pearson, Deputy City Clerk
Chris Bainbridge, City Clerk
INVOCATION: Pastor Manuel Denning of Fountain Ministries gave the invocation.
PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called the roll. All Councilmembers were present.
APPROVAL OF AGENDA
City Manager Mercier stated that he would like to add the following administrative reports: Snow
Plowing Policy Update as #11, Report on Draft Proposal Seeking Contract for City Attorney as #12, and
Solid Waste Comprehensive Plan as #13. It was moved by Councilmember DeVleming and seconded by
Councilmember Denenny to approve the amended agenda. Vote by Acclamation: In Favor: Unanimous.
Opposed. None. Abstentions. None. Motion carried
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS
Councilmember Taylor: reported that he attended the Tourism Promotion area meeting yesterday, where
Discussion was held on several amendments to the Sports Commission, and Convention and Visitor's
Bureau budgets, which were to be approved by the Commission and sent forward for final approval to the
Board of County Commissioners.
Deputy Mayor Munson: stated that he attended and chaired the Operations and Community Relations
Sub - committee for STA last week, and discussion at that meeting included re- submitting to STA the
request to buy new busses which have overhead storage racks for those passengers making longer
commutes.
Councilmember Denenny: explained that there was a reception for employees held last Monday, which
was an opportunity for Council to express their sincere appreciation for all the hard work staff does.
Councilmember DeVleming: mentioned that he took the 2004 Accomplishments Report to the National
Association of Professional Mortgage Women today; that the Community Christmas tree has been stored
until next year; and that the Student Advisory Council has been meeting and is starting to identify issues
to work on, including the problem of guns in schools.
Council Meeting: 01 -11 -05 Page 1 of 5
Approved by Council: 1 -25 -05
VOUCHER LIST
DATE
VOUCHER
Number(s)
TOTAL
VOUCHER
AMOUNT
12 -10 -04
5954 -5997
78,535.57
12 -17 -04
6005 -6031 (less 6012)
347,503.85
12 -23 -04
6032
60.63
12 -23 -04
6033 -6057
2,036,328.39
12 -30 -04
6058 -6080
467,069.02
GRAND TOTAL
2,929,497.46
MAYOR'S REPORT:
Mayor Wilhite reported that she attended the recent SHORC meeting; that she also met with the three
new Commissioners and they all mentioned they look forward to cooperatively working between the two
councils; that she attended the swearing in of Mark Richard; and also attended the Spokane Valley
Finance Committee meeting.
PUBLIC COMMENTS
Mayor Wilhite invited public comment for matters not on the agenda. No comments were offered.
1. CONSENT AGENDA Consists of items considered routine which are approved as a group. A
Councilmember may remove an item from the Consent Agenda to be considered separately.
a. Approval of Regular Council Meeting Minutes of December 14, 2004
b. Approval of Study Session Minutes of December 21, 2004
c. Approval of Study Session Minutes of January 4, 2005
d. Approval of Resolution 05 -001, Adding CenterPlace Coordinator Position
e. Approval of Payroll of December 15, 2004 of $107,945.77
f. Approval of Payroll of December 31, 2004 of $154,051.11
g. Approval of the Following Vouchers:
It was moved by Deputy Mayor Munson and seconded by Councilmember Flanigan to approve and waive
the reading of the Consent Agenda. Vote by Acclamation. In Favor. Unanimous. Opposed: None.
Abstentions: None. Motion carried
2. First Reading Proposed Ordinance 05 -001 Adopting Framework for Development Code
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Munson and
seconded by Councilmember Denenny to advance ordinance 05 -001 to a second reading. Community
Development Sukup explained that staff is seeking approval to establish by ordinance, the framework for
the Spokane Valley Uniform Development Code so as ordinances are drafted which affect land
development, they will be organized into one title for ease in research; and that there are several
ordinances which have already been adopted, and this will merely be organizing the Code and
renumbering as shown on the draft. Mayor Wilhite invited public comment.
Stan Schultz, 425 S Alpine Drive, Liberty Lake: stated he is a semi - retired lawyer representing his client
Ken Tupper, who asked him to look at the codes as they are developed here; that this outline appears to be
almost identical to that which exists in Allen, Texas; that he suggests that it might be a better idea to use
format, language and text which people from Spokane County are familiar with and build from there; that
he stated he wouldn't want to use the organization a Texas city uses; that some parts of that Code simply
aren't Washington law; that we have the advantage of the County's code and terms and years of
interpretations, that whatever code is developed should use those same terms. He added that if a Table of
Contents were adopted by ordinance, would it take Council action to make changes every time an
ordinance is amended; and he wondered about the wisdom of adopting the table of contents before we
know what the code actually is; that this should go before the Planning Commission; and he asked
Council to consider that ordinances that are scheduled for public comment, be published on the City's
website prior to the meeting.
Council Meeting: 01 -11 -05 Page 2 of 5
Approved by Council: 1 -25 -05
Mayor Wilhite invited further public comments. No further comments were offered.
Council discussion ensued regarding the need for an ordinance versus doing this framework
administratively; that the table of contents is a framework and that many of the ordinances have been
adopted and are a part of the Spokane Valley Municipal Code; and that those issues can be addressed
between now and the second reading. Vote by Acclamation on. motion to advance to a second reading: In
Favor: Unanimous. Opposed. None. Abstentions: None. Motion carried.
3. First Reading Proposed Ordinance 05 -002 Amending Park Violations to Class 3 Violation —
Cary Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Munson and
seconded to suspend the rules and pass ordinance 05 -002. Deputy City Attorney Driskell explained as it
stands now, a class 1 infraction for violation of park rules is unusual; which he said was also the opinion
of District Court Administrator Ron Miles; that the more serious types of offenses, such as destruction of
park property, would still remain as criminal charges. Mayor Wilhite invited public comment; no
comments were offered. Vote by Acclamation. In Favor Unanimous. Opposed. None. Abstentions: None.
Motion carried.
4. Motion Consideration: Declaration of Surplus /Declaration of Easement — Cary Driskell
Deputy City Attorney Driskell explained the background of granting this property as surplus, and of the
request by property owner Marshall Clark for an easement for that land west of vacated David Road for
the purpose of placing drainage facilities (208 swales) and /or landscaping in that area; that the property
was declared surplus and after additional consultation between Community Development, Public Works
and Legal, staff recommends that this be rescinded in the event the City determines a substantial need in
the future. Attorney Driskell recommended this action be taken in two separate motions: (1) to rescind the
previous declaration of surplus property; and (2) to authorize the City Manager to grant an easement in
the westerly remainder of that property. Mayor Wilhite invited public comment; no comments were
offered. It was moved by Deputy Mayor Munson and seconded by Councilmember Flanigan to rescind
the declaration of surplus property. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion carried. It was then moved by Deputy Mayor Munson and seconded by
Councilmember Flanigan to authorize the City Manager to execute the easement on behalf of the City
Council for this property. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:
None. Motion carried.
PUBLIC COMMENTS Mayor Wilhite invited public comments; no comments were offered.
5. Crime Check Update — Cal Walker /Lorlee Mizell /Sheriff Stark
Police Chief Cal Walker and 911 Emergency Communications Executive Director Lorlee Mizell gave an
update on the crime check program, including background on the agency, governing structure, and
information on how the decision to change the service level was made, the service impacts to Crime
Check and 911; the plan to address potential concerns such as significantly higher 911 calls; and the
public awareness campaign to educate the community on the changes. Sheriff Stark also mentioned that it
is very appropriate for a representative from this Council to sit on the 911 Board and he asked Mayor
Wilhite to send a letter to the Board of County Commissioners making such a request; that he will also
send a letter in support of that request; and that Ms. Mizell has placed that item on the 911 Board agenda
so that the Board can also make such recommendation. Discussion then ensued regarding the affect this
change will have on our contract with public safety; the use of volunteers and of the extensive training
required for those 911 operators; that this change will not impact people's access to 911 which will
always have people available to take calls; that there were ten 911 trunk lines until this weekend when the
number of trunk lines was increased to 16. Mayor Wilhite stated she will draft the letter to the Board of
County Commissioners regarding this council having representation on the 911 Board. Council
concurred.
Council Meeting: 01 -11 -05 Page 3 of 5
Approved by Council: 1 -25 -05
6. Utility Tax Report — Ken Thompson
Deputy City Manager Regor explained that one of the goals for 2004 was to rate a multi -year financial
forecast; that last year we looked at a five -year forecast which was used to identify long term trends that
the City might be facing; that we are now working on a six -year forecast; and she discussed the value in
looking at several years at a time as it is a tool to consider financial solutions and is preferred over
reacting to dire situations. Ms. Regor reported that 2004 was better financially then anticipated; that the
sales tax revenues and other revenues were higher than original estimates; which could be attributed
somewhat to the accuracy in GEO- Coding to ensure businesses identify Spokane Valley as their location
regarding the filing of sales tax; that the economy has improved resulting in more building activity; and as
a result, the start -up interfund loan from the street fund to the general fund is now paid in full; that we had
three years to re -pay the loan and were able to repay the loan within the City's first full year of operation.
With these changes and accomplishments, Ms. Regor stated that the general fund and street fund are
forecasted as healthy enough to sustain current service levels through 2006. Finance Director Thompson
then went over the worksheets contained in the backup material; he stated that by paying off the loan in
2004, the general government line was reduced thus freeing up money which can be transferred to the
street fund to help balance the budget, which gives available funds to be transferred to the street fund until
2008. After further explanation of the funding issues and council discussion of the funds in general and of
the utility tax in particular; it was council consensus not to have a second reading of the utility tax
ordinance.
Mayor Wilhite called for a recess at 7:15 p.m.; and reconvened the meeting at 7:22 p.m. Mayor Wilhite
also mentioned that unless Council has any objection, she would like to have agenda item #10 as the next
presentation. There was no Council objection.
10. Wendy Acosta Youth Commission Coordinator
Wendy Acosta and members of the Chase Youth Commission briefly discussed their organization, stated
they are working on nominations for their awards ceremony and asked if anyone is interested in being on
the judging panel to please contact Wendy; and invited Councilmembers to the upcoming elected
officials' breakfast January 25 at 7:30 a.m. at the SFCC in the Student Union Building.
7. Pines Mansfield Development Agreement Update — Neil Kersten
Public Works Director Kersten explained the background of the Pines /Mansfield issue, stating that those
intersections are operating below acceptable levels of service; that nine property owners in the vicinity
want to develop their properties, but cannot afford to make necessary improvements; that in 2002
Spokane County and the WSDOT developed a solution and offered to apply for a TIB grant to pay for the
improvements; and that the impacted property owners agreed to financially participate by paying a
percentage of a local match. Director Kersten continued explaining his January 11, 2005 Request for
Council Action form and accompanying Mitigation Development Agreement template; stating that this
will meet concurrency requirements of the City; and that this is merely an update as staff will return to
this issue in two weeks for a scheduled public hearing before Council; that after that hearing, involved
parties plan to meet in February for final approval of these agreements; adding that it is staff's intent to
present the agreement to Council to approve in whole, and then list the developers with their
corresponding project costs. Since the meeting with the parties is set for February, it was determined to
change the January 31, 2005 date mentioned in #4 of the agreement, to a date in February. Council and
staff then discussed developer submittal letters committing to their particular level of funding; that all
gave written letters committing and no one indicated they would not honor the agreement; and discussed
payment terms of 20% up front and 80% on letter of credit.
8. Pawn Shop Regulations — Cal Walker
Chief Walker explained the current reporting system as per his December 30, 2004 accompanying report
concerning pawn shops, and said that this report is to help familiarize Council with the issues as Staff
asks Council to consider adopting an ordinance regulating pawn shops. Concerning recovering of stolen
property, Chief Walker explained that such an ordinance could be enacted to make it more difficult for
offenders to dispose of stolen property. Council discussion then ensued regarding a pawn ordinance, and
asked staff to check to see if such an ordinance would include consignment shops and other similar
Council Meeting: 01 -11 -05 Page 4 of 5
Approved by Council: 1 -25 -05
businesses. Chief Walker stated that the ordinance will define a matter of reasonableness. It was Council
consensus for staff to gather further research, and bring back a draft ordinance for Council consideration.
9. Greenacres Rezone Process — Scott Kuhta/Josh Leonard
Mr. Kuhta explained that a request was made from applicant Mary Pollard to have the rezone request
rescinded and for a refund of the rezone fee paid; that in speaking with Ms. Pollard she now states that
she does not want the area -wide rezone rescinded and would like to see it move forward; that this process
brings into question the petition process and whether an applicant can request that such a petition be
rescinded. Mr. Kuhta gave a brief background of the Greenacres rezone process; and although this
particular issue is now moot, it was felt that an explanation would be appropriate on the petition withdraw
process, as Mr. Leonard explained per his January 3, 2005 memorandum.
11. Snow Plowing Policy — Neil Kersten (added agenda item)
Public Works Director Kersten went through the level of service concerning snow plowing policy as per
his PowerPoint slide shown as part of a previous snow plowing report. After discussion concerning
typical operations; frustration from some community members of roads not being plowed and frustration
from other community members of being plowed in; Spokane County personnel and equipment, WSDOT
equipment, and budget dollars available county -wide, it was determined not to change the current
deployment policy.
12. Draft RFP For City Attorney — Dave Mercier (added agenda item)
City Manager Mercier explained that staff composed a Request for Proposal (RFP) for city attorney
services, and that the intent is to release this request this Friday and look for responses by February 4.
Mr. Mercier went through the request highlighting the "Avoidance of Conflict of Interest" section and
questions. Council /staff discussion included questions about limiting the potential pool of applicants,
whether the questions are representative of other Cities' policies, and that there are few examples of this
type of RFP available. It was Council consensus that staff re -word the questions to ascertain how
candidates would handle potential conflicts.
13. Solid Waste — Gary Schimmels (added agenda item)
Councilmember Schimmels reported the Solid Waste Liaison Board seeks someone as a board member
who has some knowledge about solid waste, and whose schedule will allow attendance at the meetings;
that he asks Council to submit a name by the end of this week or latest next week of a potential member;
that this is non - elected position and should not be a staff position but should be someone from the
community; and that perhaps someone who sewed on the transition committee might be considered.
Mayor Wilhite asked Councilmembers to send any names to Councilmember Schimmels.
In other matters, Councilmember DeVleming said there was a previous public comment regarding
addressing the nuisance ordinance to include year -round garage sales, and he would like staff to start to
draft that language. Council concurred.
There being no further business, it was moved by Councilmember Flanigan, seconded by Deputy Mayor
Munson, and unanimously agreed upon to adjourn. The meeting adjourned at 8:58 p.m.
hristine Bainbridge, City Clerk
Dwii C3LQ
Diana Wilhite, Mayor
Council Meeting: 01 -11 -05 Page 5 of 5
Approved by Council: 1 -25 -05
ORGANIZATIONAL
CHART
Call Receivers
BOARD OF COUNTY COMMISSIONERS
Spokane County Emergency Services
Communication Board
Director
Staff Assistant Accounting
Tape Reproducer
Reports Supervisor 911 Supervisors
Call Receivers
911 Coordinator
WOW . _. — ti WOW
Trainees
Public Education
Supervisor
1
GOVERNING
STRUCTURE
fir
Board of County
Commissioners
• Approval of Annual Budget
• Approval of termination or
employment of the Director
Any items required by law to
be acted upon by the
Commissioners
Any items specifically directed
by the Commissioners to be
submitted to the BOCC for a
decision
=GM= - 16==
GOVERNING
STRUCTURE
' s Spokane County Emergency
Services Communications
Board
Operations of the 911 Center
• Personnel
• Equipment
• Facilities
• Recommendations regarding the
annual budget
• Recommendations for
employment/termination of the
Director
• Policy adoption
1
•
1
REVENUE
'► 9 -1 -1 Taxes (used solely for 911
call taking)
Wireline: projection for 2005:
• $1,542,900 (includes miscellaneous
revenue and taxes)
Wireless: projection for 2005:
• $1,283,700
ti Report Writing (contract service)
Spokane Police Department:
• $414,902
Spokane County Sheriffs
Department:
• $233,382
EXPENDITURES
to. 9 -1 -1 Operations:
Wirel'ine calls are 52% of 9 -1 -1
activity
• Expense budget: $1,514,671
• Wireless calls are 48% of 9 -1-
1 activity
• Expense budget: $1,283,646
iv Contract Report Writing:
• Expense Budget $648,284
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QUESTIONS?
Proposed Utility Tax
January 11, 2005
Ken Thompson, Finance Director
Nina Regor, Deputy City Manager
Six -Year Financial Forecast
General Fund - Problem Staternent#1
General Fund Revenues:
Sales Tax
Property Tax
Gambling Tax
Leasehold Excise Tax
Franchise Fees
State Shared Revenues
Planning & Building Fees
Fines & Forfeitures
Recreation Program Fees
Intertund Transfers
Investment Interest
Total General Fund
General Fund Expenditures:
Legislative
Executive & Legislative
Public Safety
Deputy City Manager
Finance
Legal
Human Resources
Public Works
Planning
Building
Library
Parks Admin
Recreation
Aquatics
Senior Center
CenterPlace
General Government
Total General Fund
Available Transfer to Street Fund
2005
Adopted
Budget
$ 13,000,000
10,055,316
800,000
5,000
620,000
1.121,709
1,293,000
1,200,000
90,000
287,140
36,000
28, 508,165
$ 288,226
442,867
15,711,424
268,942
436,969
202,307
119,383
723,990
934,006
696,559
2,270,000
1,070,262
158,215
255,818
126,592
321,299
3,647,201
27,674,060
834,105
2006
Estimate
$ 13,364,000
10,255,869
800,000
5,000
626,200
1,149,752
1,293,000
1,200,000
90,000
247,000
50,000
29,080,821
$ 321,595
471,341
16,768,294
285,908
473,067
214,261
124,814
790,937
967,484
736,191
2,338,100
895,111
163,911
272,881
125,187
359,955
2,174,661
27,483,698
1,597,123
2007
Estimate
$ 13,497,640
10,458,428
800,000
5,000
632,462
1,178,496
1,293,000
1,200,000
90,000
247,000
50,500
29,452,526
$ 340,882
504,216
17, 899,124
300,401
498,993
225,692
129,959
836,554
1,027,917
779,874
2,408,243
923,440
167,681
291,105
132,014
383,960
2,232,412
29,082,467
370,059
2008
Estimate
$ 13,794,588
10,663,012
800,000
5,000
638,787
1,207,958
1,293,000
1,200,000
90,000
247,000
51,005
29,990, 350
$ 363,110
538,397
19,109, 091
314,583
524,757
235,957
135,458
880,645
1,092,086
828,677
2,480,490
953,643
171,816
310,569
139,489
408,919
2,293,120
30,780,807
(790,457)
I. rim • :,: .. _ _: 1 .. .: t =s`? 3 1
2009 2010
Estimate Estimate
$ 13,932,534
10,869,642
800,000
5,000
645,175
1,238,157
1,293,000
1,200,000
90,000
247,000
51,515
30,372,023
$ 388,831
573,561
20,403,734
327,904
550,530
246,419
141,355
928,890
1,153,743
876,176
2,554,905
985,138
176,364
331,359
145,570
434,997
2,356,941
32,576,417
(2,204,394)
$ 14,071,859
11,078,339
800,000
5,000
651,627
1,269,111
1,300,000
1,200,000
90,000
247,000
52,030
30,764,966
$ 418,703
612,815
21,788,978
341,871
579,809
257,928
147,704
978,744
1,220,133
926,852
2,631,552
1,018,111
179,220
353,567
152,330
462,270
2,424,040
34,494,627
(3,729,661)
Street Fund & Capital Needs
Problem Statements #2 & #3
Street Fund - #2
Beginning Fund Bal
Transfer from GF
Motor Fuel Tax
Expenditures
Surplus /(Deficit)
Ending Fund Bal
Capital Needs - #3
Parks est.
Streets
Other?
Total Capital
2005
Estimate
2,603,158
834,105
1,200,000
4,637,263
3,318,066
1,319,197
1,319,197
2006
Estimate
1,319,197
1,597,123
1,200,000
4,116,320
3,583,511
532,809
532,809
2006
Estimate
$ (225,000)
(900,000)
(100,000)
(1,225,000)
2007
Estimate
532,809
370,059
1,200,000
2,102,868
3,870,192
(1,767,324)
(1,767,324)
2007
Estimate
$ (250,000)
(900,000)
(100,000)
(1,250,000)
2008
Estimate
(1,767,324) (4,747,132)
1,200,000 1,200,000
(567,324) (3,547,132)
4,179,808 4,514,192
(2,979,808) (3,314,192)
(4,747,132) (8,061,324)
2008 2009
Estimate Estimate
$ (300,000)
(900,000)
(100,000)
(1,300,000)
2009
Estimate
$ (300,000)
(900,000)
(100, 000)
2010
Estimate
(8,061,324)
1,200,000
(6,861,324)
4,875,328
(3,675,328)
(11,736,652)
2010
Estimate
$ (350,000)
(950,000)
(100,000)
(1,300,000) (1,400,000)
CITY OF SPOKANE VALLEY
REQUEST FOR PROPOSALS
CONTRIWT CITY ATTORNEY SERVICES
Proposal Due Date: February 4, 2005,
The City of Spokane Valley invites proposals for contracted City Attorney services,
Proposals are due to the City Clerk's Office by 2 :00 p.m. on February 4, 2005. Faxed
proposals should be submitted by 11:00 a.m. on February 4, 2005 to ensure proper receipt
and documentation. The City seeks services encompassing the traditional scope of work
including legal counsel and rendering of opinions to the City Council and staff, and
Consultation and coordination with special counsel_ Attendance at a variety of meetings
will be required, including staff meetings and Council meetings as specified. This
Agreement will not include criminal prosecution services, which are handled by separate
contract. A more detailed statement of the services expected is provided in the Scope of
Work, below at page 2_
Background information. The City of Spokane Valley is a non - charter code city
organized under RCW 35A, and ha a Council- Manager form of government. The City
Council consists ol' seven members elected at- large. The Mayor is elected by his fellow
Council members, and serves as the Chair of the Council. The City Manager directs all
City operations. The City Manager seeks at all times to develop and implement a "best
practices" approach in operating the city government.
The City of Spokane 'Valley incorporated March 31, 2003, is currently the 8 `11 largest city
in Washington, and encompasses approximately 38.5 square miles. Its current population
is 83,950. The City is part of the larger Spokane metropolitan area of approximately
450,000 .residents. The City generally considers itself to be a "contract" city, with many
core services provided either by contract with private or other public entities.
The City previously utilized the services of Stanley Schwartz of the law firm
Witherspoon, Kelley, Davenport ez Toole, P.S. for contract City ALtorney on an interim
basis_ The City anticipates that a replacement contract City Attorney be selected through
this process and available no later than April 1, 2005_
The City's legal office is currently staffed by a Deputy City Attorney with ten years
experience in land use, criminal defense and direct municipal representation. The office
also currently enjoys the services of a legal intern from Gonzaga University School of
Law. The office does not have any legal support staff, and the successful bidder will be
required to provide any necessary staffing of this nature_
REP for City Attorney services,
Spokane Valley, WA 1
It is anticipated that more than one attorney from the successful bidder may work on
some City projects, depending on work Toad requirements and areas of expertise. The
designated City Attorney will maintain central responsibility.
The City utilizes special counsel from time to time on an hourly basis for certain issues.
such as litigation, labor and municipal bonds and financing. Some of these items could
be transferred to the successful bidder, dependine upon the depth and breadth of services
and/or specialized knowledge from the winning firm for these services. Some special
counsel work is expected to continue with the existing relationship_
Individual departments ‘.ritliin the City may frequently initiate legal work through
specific requests to the City Attorney, although the City Manager retains the core
responsibility for legal functions, coordination of those services and the legal budget.
Communication, All communications related to responding to this Request for
Proposals are to be directly through the Deputy City Manager's Office_
Score of Work.
1. Provide legal advice, counsel, training, consultation, and opinions to the
City Manager, City Council, Planning Conunission, and all levels of the City
government. on a wide variety of civil assignments including, but not limit to land use
planning, employment law, labor law, construction of public works, purchasing and
procurement, purchase and sale of property. interlocal agreements, and public disclosure
issues_ The City Attorney's advice includes methods of effectively avoiding civil
litigation,
Furnish legal representation at all City Council business meetings, and at
other meetings when requested.
3. Appear before courts and administrative agencies to represent the City's
interests.
4. Prepare and review ordinances and resolutions, contracts, and other
documents for legal correctness when requested by the City Council or staff.
5. Work cooperatively with the Deputy City Attorney and special legal
counsel retained by the City ><:br special projects.
6. Coordinate with other special counsel as needed to ensure proper
management of legal issues and proper coordination and transition of legal issues among
legal counsel.
7. Assist City officials and staff to maintain awareness of ethical standards
and appearance of fairness standards, and to avoid potential conflicts of interest,
prohibited transactions, and appearance of prohibited transactions.
Rap for City Attorney services,
Spokane Valley, WA 2
8. Assist City officials and staff to understand the legal roles and duties of
their respective offices and interrelationships with other jurisdictions.
9. Provide the Mayor and City Council with guidance as to Robert's Rules of
Order and related procedural matters relating to Council meetings.
10. Performs other legal services and tasks, as assigned by the City Manager.
Avoidance of Conflict of Interest. As part of the exchange of value between the City of
Spokane Valley and the selected legal services provider, the City wants its legal support
to be free of conflicts of interest in fact and in appearance. As such, responders are
requested to answer the following three questions so that the City may determine the
degree of separation between clients the firm is willing to guarantee:
1. Would your firm agree to forego representation of any other client doing
business with or in the City?
2. Would your firm agree to forego representation of any client engaged in
development activity within Spokane County?
3. Would your firm agree to forego representation of any client engaged in
development activity within the city limits of Spokane Valley?
In responding to the foregoing questions, please be aware that the City does not
contemplate granting any release that would waive restraint from participation in a
conflict of interest situation.
Specifications.
1. The City Attorney attends all City Council business meetings. These are
scheduled on the second and fourth Tuesday of each month beginning at 6:00 p.m. until
close, which is generally before 9:00 p.m.
2. The City Attorney attends those City Council Study Sessions, which occur
on the first and third Tuesdays of each month, at which he /she has agenda items
scheduled.
3. The City Attorney may be called upon to attend occasional comnmunity
meetings, and may be. called upon to attend meetings related to specific projects the City
is involved in.
4. The City Attorney attends all weekly City Manager Management Team
meetings, which are held every Wednesday at 8:30 a.m. to approximately 10:30 a.m. at
City Hall.
REP for City Attorney services,
Spokane Valley, WA 3
5. The City Attorney must be available by phone, cell phone, fax and e -mail.
6. Timeliness of response and accessibility to the City Attorney is an
important aspect of the service. Accessibility and responsiveness for the proposed
designated City Attorney is of greatest importance, although these elements will also be
considered in relation to assistant attorneys) as well.
Accessibility includes the ability to be generally available to attend meetings in person on
short notice and the ability to be reached promptly by telephone. The City does not offer
space for offices in a City location. The City Attorney is expected to coordinate with the
staff Deputy City Attorney in a way that will promote efficient production of work
product.
Contract Term. The City anticipates a one -year contract, with options for two one -year
renewals. Renewal of the contract for either of the two option years will require an
affirmative writing from the City Manager.
Contract. The City's proposed contract, with the terms and conditions, is attached to
this Request For Proposal as Attachment A. Please note that the City expects all
submitting firms to consent to the City contract, terms and conditions, and does not
anticipate agreeing to any modifications or exceptions. Any exceptions or
modifications to the contract proposed by a firm must be noted in the proposal
submittal. The City reserves the right to revise the staled contract terms and conditions
prior to contract signature.
Schedule. The City provides the following anticipated schedule for completion of this
process. This anticipated schedule is for information purposes only and may be adjusted
as needed by the City. Those responding to this Request for Proposal are encouraged to
reserve flexibility for interviews from February 9 through February 28, 2005.
RFP release date:
RFP submission date:
Interviews:
City decision by:
Anticipated start date:
RFP for City Attorney services,
Spokane Valley, WA 4
January 14, 2005
February 4, 2005
February 9 through 28, 2005
March 16, 2005
April 1, 2005
f
How To Respond
Please provide eleven copies of a written response, responding to each inquiry in the
order presented below.
1. Vendor business history: Include as Attachment A
- Provide a narrative description of the firm's business history
- Complete and submit "Business Statement".
2. Firm experience: Include as Attachment B
- Provide a narrative description of the firm
- Identify other municipal clients the firm or attorneys in the firm have had.
- Identify experience with municipal law issues, including land use, zoning,
growth management, contract law (including interlocal agreements), election
issues, public works, personnel and other municipal specialties.
3. Proposed City Attorney, Team: Include as Attachment C
- Name and describe the attorney(s) and /or team proposed, including the
designated City Attorney
- For each attorney on the team proposed, please identify the law school attended,
year of graduation, and year in which each passed the bar examination in
Washington.
- Provide a resume for each team member, with considerable detail in the
experience and qualifcat.ion.s of the designated City Attorney, and any significant
assisting attorneys
- If specialty attorneys or additional resources are available through your firm (in
addition to the named team) to meet special needs, please identify them and their
specialties as well.
4. Accessibility and responsiveness: Include as Attachment D
- identify the accessibility of the proposed designated City Attorney, and the
response time that the individual offers to the City. Specifically identify the lead
time required for attending scheduled or ad -hoc meetings
5. Proposed fee structure: Include as Attachment E
- Propose a compensation package, inclusive of all service costs. The City is open
to a variety of approaches, including hourly rates or a flat monthly rate with add -
ons. The City will select the finalist by considering the proposed compensation as
a "best and final offer," although the City reserves the right to negotiate terms as
needed to improve elements of the proposal to best meet the needs of the City,
including cost
6. References: Include as Attaclvnent F
- Provide three references for the designated City Attorney
RFP for City Attorney services,
Spokane Valley, WA 5
Please note that the City prefers references relating to municipal experience.
Naming of a reference is considered permission to contact the reference. The City
may contact outside individuals, whether offered as references or not. The City
retains the right to use such information in its decision. Submittal of a proposal is
agreement that the City may contact and use such information.
Evaluation and Selection
Evaluation process — The City reserves the right to award the contract to that proposal
that best meets the needs and interests of the City. The following steps are anticipated:
Step 1.
Step 2.
Step 3.
Step 4.
Receipt and review of qualifications and written proposals
Initial reference and information check
City interview of finalists
Approval of contract by City
Evaluation of the written proposal — Written proposals will be evaluated by the City as
set forth immediately below.
1. Applicable experience of proposed designated City Attorney
2. Depth and stability of firm or practice
3. Interpersonal match and philosophical concurrence with City core
beliefs, practices and personnel
4. Accessibility and responsiveness of both the proposed designated
City Attorney and any assisting attorneys.
5. Cost
The City will identify and notify those applicants that will be invited
City reserves the right to utilize new or revised evaluation criteria..
Interviews — Interviews will be held at the sole option of the City.
conducted, firms should plan to have key personnel on their interview
assigned to the work specified in the proposal. Short listed firms
provide supplemental or additional information for review by the
interviews.
Contract negotiations — The City of Spokane Valley reserves the right to negotiate all
elements which comprise the apparent successful proposal. City representatives and the
selected finalist will review in detail all aspects of the requirements and the proposal.
During the review of the apparent successful proposal, the Proposer may offer, and the
City may accept revisions to the proposal, although such suggestions are not favored.
RFP for City Attorney services,
Spokane Valley, WA 6
to interview. The
If interviews are
teams who will be
may be asked to
City prior to the
1
Rejection of proposals — The City reserves the right to reject any or all proposals,
portions or parts thereof. Without limiting the generality of the foregoing, the City may
reject any proposal which is incomplete or not responsive.
.RIP for City Attorney services.
Spokane Valley, WA 7
Individual
RFP for City Attorney services,
Spokane Valley, WAWA - 8
Attachment A
BUSINESS STATEMENT
Please complete and submit with your proposal response.
1. Name of business:
2. Business address:
3. Phone: Business fax: e-mail:
4. Business classification (check all that apply):
Partnership Corporation
5. Federal tax number (a SSN or UBI number):
6. Name of owner:
7. Does the firm maintain insurance in amounts specified by the City contract:
Yes: No:
(General liability insurance of at least Si, 000, 000 per occurrence;
$2,000,000 aggregate, Combined Single Limit (CST,); Automobile liability
of at least Si, 000, 000 per accident CSL; Professional Liability of at least
$1,000,000.
If no, describe the differences:
8. Are there claims pending against this insurance policy? Yes: No:
If yes, please explain the nature of the claims:
9. Has the firm or any attorney in the firm ever been disqualified or terminated by
any public agency? Yes: No:
10. Is each proposed attorney accredited and in good standing with the Washington
State Bar Association? Yes: No:
1 1. Have any of the attorneys proposed for this contract been the subject of any bar
complaints to the Washington State Bar Association? Yes: No:
If yes, please explain. If necessary, attach additional sheets.
12. is the firm or attorney licensed by the City to do business in Spokane Valley?
FIRM NAME:
SIGNATURE:
Yes: No:
13. Proposal offers shall be good and valid until the City completes the award or
rejects the proposals. Failure to concur with this condition may result in rejection
of the offer. Does the firm accept this condition? Yes: No:
FEDERAL 1D #:
1 certify that to the best of my knowledge, the information contained in this proposal is
accurate and complete, and that I have the legal authority to commit this Firm to a
contractual agreement.
PRINT NAME AND TITLE OF SIGNER:
RFP for City Attorney services,
Spokane Valley, WA 9
follows:
AGREEMENT FOR PROFESSIONAL SERVICES
FIRM NAME
THIS AGREEMENT is made by and between the City of Spokane Valley, a non - charter code City of
the State of Washington, hereinafter "City" and * *, hereinafter "Contract City Attorney," or
"contractor," jointly referred to as "parties."
IN CONSIDERATION of the terms and conditions contained herein, the parties agree as
1. Work to Be Performed. The Contract City Attorney will provide all services under
the terms and conditions as described in the Request for Proposals for Contract City Attorney
Services (REP) in a competent manner. The RFP is attached as Exhibit 1 to this Agreement, and is
incorporated herein by reference.
A. Administration. The City Manager or designee shall administer and be the
primary contact for Contract City Attorney. or to commencement of work, Contract City Attorney
shall contact the City Manager or designee to review the Scope of Services, and determine which
tasks are to be assigned to the Contract City Attorney.
B. Representations. The City has relied upon the qualifications of the Contractor
in entering into this agreement. The proposal submitted by the contractor is attached as Exhibit 2 to
this Agreement, and is incorporated herein by reference. By execution of this agreement, Contractor
represents it possesses the ability, skill and resources necessary to perform the work. No
substitutions of personnel shall be made without the written consent of the City.
Contractor shall be responsible for the technical accuracy of its services and
documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein.
Contractor shall correct such deficiencies without additional compensation except to the extent such
action is directly attributable to deficiencies in City furnished information.
C. Modifications. The parties may modify this agreement in writing whenever
necessary or advisable. Compensation for such modifications or chances shall be as mutually agreed
between the parties.
2. Term of Contract. This Agreement shall be in full force and effect upon execution
by both parties, and shall remain in effect for one year. The parties may renew the contract for up to
two years on the same or similar terms. Any such renewal will require an affirmative writing from
the City Manager.
Either party may terminate this Agreement without cause by sixty (60) days written
notice to the other party. The City niay immediately terminate this Agreement for cause due to a
Agreement for Professional Services Page 1 of 6
material breach of any of the conditions stated herein. In the event of a termination under either
provision, the City shall pay the Contractor for all work previously authorized and satisfactorily
performed prior to the termination date. In the event of a termination for cause, the City shall
provide the Contract City Attorney a written explanation of the specific cause.
3. Compensation. The City agrees to pay the Contract City Attorney as set forth in the
Payment Methodology, attached hereto as Exhibit 3 as full compensation for everything done under
this agreement. The City shall reimburse the Contract City Attorney for photocopying, postage,
graphic reproduction at actual cost and will pay for authorized travel (excluding travel to the City to
attend meetings, or otherwise perform the services herein) at the IRS - approved mileage rate then in
effect for any travel not anticipated in the scope of work.
4. Payment. The Contract City Attorney shall be paid monthly upon presentation of an
invoice to the City. Applications for payment shall be sent to the City Clerk at the address stated in
Section 5. invoices shall provide a detailed description of the services performed during the
preceding month, the number of hours spent performing such services, and any reimbursable costs
and expenses incurred in connection with such services.
The City reserves the right to withhold payment under this agreement which is determined in
the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of
Work, City Standards, City ordinances or federal or state standards.
5. Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONTRACTOR:
Name: Christine Bainbridge, City Clerk Name:
Phone Number: (509)921 -1000 Phone Number:
Address: 11707 East Sprague Ave, Suite 106 Address:
Spokane Valley, WA 99206
6. Applicable Laws and Standards. The parties, in the performance of this agreement,
agree to comply with all applicable Federal, State, local laws, ordinances, and regulations.
7. Relationship of the Parties. it is understood, agreed and declared that the Contract
City Attorney shall be an independent contractor and not the agent or employee of the City, that the
City is interested in only the results to be achieved and that the right to control the particular manner,
method and means in which the services arc performed is solely within the discretion of the
contractor. Any and all employees who provide services to the City under this agreement shall be
deemed employees solely of the Contract City Attorney. The Contract City Attorney shall be solely
responsible for the conduct and actions of all employees under this agreement and any liability that
may attach thereto.
8. Ownership of Documents. All documents prepared by the Contract City Attorney
Agreement for Professional Services Page 2 of 6
under this agreement are and shall be the property of the City.
9. Records. The City Manager or State Auditor, or any of their authorized
representatives, shall have full access to and the right to examine during normal business hours all of
the Contract City :Attorney'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 audit all contracts, invoices, materials, payrolls and record of matters covered by this
contract for a period of three years from the date final payment is made hereunder.
10. Insurance. During the term of the contract, the Contract City Attorney shall
maintain in force at its own expense, the following insurance:
A. Workers' Compensation Insurance in compliance with RCW 51.12.020;
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, and
$2,000,000.00 aggregate, combined single limit . It shall i.nclude contractual liability coverage for
the indemnity provided under this contract. It shall provide that the City, its officers, employees and
agents are additional insureds but only with respect to the Contract City Attorney'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 vehicles; 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 Contract City
Attorney or its insurer(s) to the City.
The City shall be named as an additional insured on all such policies.
As evidence of the insurance coverages required by this contract, the Contract City
Attorney shall furnish acceptable insurance certificates to the City at the time the Contract City
Attorney returns the signed contract. Those certificates are attached to this Agreement as exhibit 4,
and are incorporated herein by reference. The certificate shall speci all of the parties who are
additional insureds, 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
Contract City Attorney shall be financially responsible for all pertinent deductibles, self
Agreement for Professional Services Page 3 of 6
retentions, and/or self-insurance.
Nothing contained in these insurance requirements is to be construed as limiting the
extent of the Contract City Attorney's responsibility for payment of damages resulting from
operations under this Agreement.
11. Indemnification and Hold Harmless. Each party shall indemnify and hold the
other, its officers, employees, agents and volunteers harmless from and against any and all claims,
demands, orders, decrees or judgments for injuries, death or damage to any person or property arising
or resulting from any act or omission on the part of said party or its agents, employees or volunteers
in the performance of this Agreement.
12. 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.
13. 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.
14. Subcontracts. Except as otherwise provided herein, the Contract City Attorney shall
not enter into subcontracts for any of the work contemplated under this agreement without obtaining
written approval of the City.
15. Acceptance of Gifts. City staff adhere to a strict policy whereby they are precluded
from accepting any gratuity, regardless of value or form, that is related in any way to City business.
The Contract City Attorney shall also be required to adhere to this requirement.
16. Confidentiality. Contract City Attorney will from time to time receive information
which is deemed by the City to be confidential because of the nature of the work. Contract City
Attorney shall not disclose such confidential information to any third parties without the express
consent of the City or upon order of a Court of competent jurisdiction.
17. Conflict of Interest. To ensure a high level of confidence by the City and its citizens
that the legal representation provided by the Contract City Attorney is free from conflicts of interest,
the Contract City Attorney shall comply with the following requirements:
a. The firm will forego representation of any other client doing business with or
in the City.
Agreement for Professional Services Page 4 of 6
b. The firm will forego representation of any client engaged in development
activity within Spokane County.
c. The firm will forego representation of any client engaged in development
activity within the city limits of Spokane Valley.
The City does not contemplate granting any release that would waive restraint from
participation in a conflict of interest situation.
18. Jurisdiction and Venue. This Contract is entered into in Spokane County,
Washington. Venue shall be in Spokane County, State of Washington.
19. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this
Agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be
determined by the Court as reasonable. Unless provided otherwise by statute, Contract City
Attorney's attorney fees payable by the City shall not exceed the total sum amount paid under this
agreement for a calendar year.
20. Entire Agreement. This written agreement constitutes the entire and complete
agreement between the parties and supersedes any prior oral or written agreements. This Agreement
may not be changed modified or altered except in writing signed by the parties hereto.
21. 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.
22. Business Registration. Prior to commencement of work under this Agreement,
Contract City Attorney shall register with the City as a business.
23. Exhibits. Exhibits attached and incorporated into this agreement are:
"1" Request for Proposals for Contract City Attorney Services
Proposal submitted by Contractor
"3" Payment Methodology
"4" Insurance certificates
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
. 2005.
CITY OF SPOKANE VALLEY: Contract City Attorney: * * * * * **
Ag ecrnent for Professional Services Page 5 of 6
David Mercier, City Manager
ATTEST:
Christine Bainbridge, City Clerk
APPROVED AS TO FORM:
Cary Driskell, Deputy City Attorney
Signature
Title
Tax ID No.
Agreement for Professional Services Page 6 of 6