Ordinance 22-017 re SVMC 3.46 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.22-017
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SECTIONS 3.46.010 AND 3.46.030 OF THE SPOKANE
VALLEY MUNICIPAL CODE RELATING TO THE SELECTION PROCESS OF
SERVICE CONTRACTS,AND OTHER MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
sections 3.46.010 and 3.46.030 relating to the thresholds for service contracts with regard to the
procurement process to be used; and
WHEREAS,the City has considerable experience in identifying competitive, qualified, and cost-
effective service contractors; and
WHEREAS, the cost of services applicable to contracts entered into pursuant to chapter 3.46
SVMC has increased substantially since the original threshold amount was adopted at$100,000; and
WHEREAS,these proposed amendments will allow increased efficiency and necessary flexibility
while still protecting the best financial interest of the City and its citizens; and
WHEREAS,the City Council has determined that is it appropriate and necessary to revise chapter
3.46 SVMC to increase efficiency for both staff and the public with which the City contracts; and
WHEREAS,the City has determined that it is often necessary to quickly obtain services in support
of ongoing or reasonably anticipated litigation that would otherwise be unduly delayed by engaging in a
competitive procurement process, and where delays in obtaining necessary contractual services could be
extremely detrimental to the City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1, Amendment. Spokane Valley Municipal Code sections 3.46.010 and 3.46.030 are
hereby amended as follows:
3.46.010 Contracts for services
A. Chapter 3.46 SVMC shall not apply to architectural and engineering services,the procurement of which
is governed by Chapter 3.45 SVMC.
B. When entering into a contract for services where the contract is expected to exceed $200,000, a
competitive selection process shall be used. This process may include a "request for qualifications" or
"request for proposals"process or formal competitive bidding procedures pursuant to SVMC 3.40.010.
C. When entering into a contract for services where the contract is not expected to exceed $200,000 but is
expected to be greater than$25,000,the responsible department shall obtain three or more proposals for the
services required, and maintain a record of the process followed. The responsible department may use the
consultant roster pursuant to SVMC 3.46.020 to obtain proposals.
D. When entering into a contract for services where the contract is not expected to exceed $25,000, the
responsible department is encouraged, but is not required,to use a competitive selection process, such as
obtaining three proposals pursuant to SVMC 3.46.010(C). If a competitive process is not utilized, the
responsible department shall seek to achieve maximum quality at minimum cost by making an award based
on its experience and knowledge of the market.
Ordinance 22-017 Amending Chapter 3.46 SVMC—Service Agreements - 1 -
3.46.030 Exception to selection processes
A. Notwithstanding SVMC 3.46.010 and 3.46.020, when contracting for services which have historically
and traditionally been considered professional services, such as attorneys and accountants, or when
contracting for services in support of ongoing or reasonably anticipated litigation, the responsible
department may,when determined to be in the best interest of the City, obtain such services by negotiation
without going through a competitive procurement process. Such services significantly rely upon the quality
of expertise provided, rather than the cost of service.
B. If a situation should arise which requires immediate action on the part of the City to protect the best
interests of the City or the health, safety or welfare of the citizens of the City, and where it is not possible
to timely adhere to the procedures set forth in SVMC 3.46.010, the selection procedures set forth in
Chapter 3.46 SVMC may, with prior approval of the city manager, be waived by the department director,
and the contract may be awarded without following the procedures set forth in SVMC 3.46.010. The
circumstances giving rise to such waiver shall be documented in writing within 14 days.
Section 2. Other sections unchanged. All other provisions of chapter 3.46 SVMC not
specifically referenced hereto shall remain in full force and effect.
Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section,sentence,clause or phrase ofthis Ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect five days after
publication of the Ordinance Summary.
Passed this 13th day of September, 2Q22.
QfPro--
Pam Haley, Mayor
AT S
Christine Bainbridge, City Clerk
Approved as to form:
O ice of e City A ney
Date of Publication: 9-16-2022
Effective Date: 9-21-2022
Ordinance 22-017 Amending Chapter 3.46 SVMC—Service Agreements -2-