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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 }+?I'Pult I I. I -R €'ii11cc ill 1. W1 r'LrI r.LLIttre1 Liu 1 512.92ir6 1-1: CALL /WORK FLOW REPORTS OVI IllI.C7W 1 k,IRir1 I "itk Fr 1 ,"a up r.1 Jn f v' It : MAIL, I SA TARE AND ENTER NOT ON DUTY GREETING /1. TRANSFER Tr) PH ONE TRIPE FOR END TRANSFER DUTTON TO 911 (PR IGRFTY T, 2'., 3 TRA NSFIJR TO PHONE TREE FOR MM'SO OTC 1 TRANSFER TO PIif NF ric I:F: VOIL VALLEY OFC 1 I RAFNSE R TO Pii IJt -i - TREE FOR LINE M INAPPROPRIATE HUTON .END L }R =.T INE NI A I;TI W 014 K. II LIRA £XT 17a i. I L' Staffing 11uiini 07004300 141 -1° 10800 -1700 Sal Available to Public 0800 -2000 M -F l 0800 -1700 Sat D OFC 1 204114 TYPES OF REPORTS TAKEN PER CONTRACT �• Under policy development via a working group chaired by Chief Odenthal, SPD. ...19 Joon 11■91 Immo 1 6.1.1 6■Ip_ CALL/WORK FLOW 9-1-1 L Transfer to Radio CAI) EVENT 11•111111111 11111 911 CALL CAD EVENT MINIM MOM tn4v* • • Transfer to Fire Dispatch att) TO POLICE 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