08-008.00 Michael McCormick, FAICP: Spokane Metro UGA Planning NegotiationsAGREEMENT FOR PROFESSIONAL SERViCES
Michael McCormick, FMCP
MIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the
State of Washington, hereinaficr "City" and Michael McCormick, FAICP, hercinafier "Consultant,"
jointly referred to as "parties."
IN CONSIDERATION of the terms and conditions contained herein the parties agree as lollows:
1. Work to) Be Performed. The Consultant will provide all labor, services, and material to
satisfactorily complete the attached Scope of Services.
The Consultant shall assist the City of Spokane Valley in its role of fiscal agent for a Collaborative
Planning Grant. from the WA State Department of Community, Trade, and L•'conomic by facilitating the
negotiation of interlocal agreements for collaborative planning in Spokane metro urban growth area, as
outlined in Attachment A - Scope of Work.
A. Administration. In its role as fiscal agent for the collaborative planning grant, the
City of Spoknnc Valley has designated Susan Winchell, Boundary Review Board Director, as Project.
Manager for the grant. The Project Manager shall administer and be the primary contact. fbr Consultant.
Prior to commencement of work, Consultant shall contact the Project Manager to review the Scope of
Work, schedule and date of completion. Upon notice from the Project Manager, Consultant shall
commence work, perl'orrn the requested tasks in the Scope of Work, stop work and promptly cure any
failure in performance under this agreement.
B. RcPresentat.ions. The City has relied upon the qualifications of the Consultant in
entering into this agreement. By execution of this agreement, Consultant represents it possesses the
ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and
regulations which reasonably relate to the Scope of Work. No substitutions of agreed upon personnel
shall be made without the written consent of the City.
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Consultant shall be responsible for the technical accuracy of its services and documents
resulting there from, and City shall not be responsible for discovering deficiencies therein. Consultant
shall correct such deficiencies without additional compensation except. to the extent. such action is directly
attributable to deficiencies in City furnished information.
C. Modifications. Thu City may modify this agreement and order changes in the
work whenever necessary or advisable. The Consultant will accept modifications when ordered in
writing by the City Manager or designee. Compensation for such modifications or changes shall be as
mutually agreed between the parties. The Consultant shall make such revisions in the work as are
' necessary to correct. cn-ors or omissions appearing therein when required to do so by the City without
additional eornpensat.ion.
2. 'Perm of Contract. This agreement shall be in full force and effect upon execution by
both parties and shall remain in effect until completion of all contractual requirements have been met,
although not later than June 30, 2009, unless terminated sooner,
Either party may terminate this agreement by ten days written notice to the other party.
In the event of such termnation, the City shall pay the Consultant for all work previously authorized and
satisfactorily performed prior to the termination date.
Agreement for Professional Services Pagc t of 6
Michaei Me('nnnick, FMCP
C08 -08
3. Compensation. The City shall pay the Consultant at the rate of 5165 per hour for work
performed as identified in the Scope of Work; $50 per hour for travel time; mileage reimbursed at the
current IRS rate; and actual cost of expenses reasonably incurred. Total payments and reimbursements
are not to exceed twenty thousand dollars ($20,000.00), for everything furnished and done under this
contract.
4. Payment. T1te Consultant shall be paid monthly upon presentation of an invoice to the
City. Applications for payment shall be sent to the City Clerk at the below stated address. All invoices
will include a brief stalms report, with work billed based hours expended. All expenses for travel will be
invoiced separately with actual receipts.
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 and federal or suite standards.
5. Notice. Notice shall be given in writing as follows:
TO THE CiTY: TO THE CONSui- TAN'T:
Name: Christine Bainbridge, City Clerk Name: Michael McCormick, FAICP
Phone Number. (509) 921 -1000 Phone Number: (360) 754 -2916
Address: 11707 East Sprague Ave.. Suite 106 Address: 2420 Columbia SW
Spokane Valley, WA 99206 Olympics, WA 99501
6. Applicable Laws and Standards. The parties, in die performance of this agreement,
agree to comply with all applicable Federal, State, local laws.. ordinances, and regulations.
7. Relationship of the Parties. h is understood, agreed and declared that the Consultant
shall be an independent Consultant and not the agent or employee of the City, that the City is interested in
only the results to be achieved, and that the right to control the particular manner, tnethod and means in
which the services are performed is solely within the discretion of the Consultant. Any and all employees
who provide set -vices to the City under this agreement shall be deemed employees solely of the
Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees
under this agreement and any liability that may att.ich thereto.
Si. O-vvnexship of Documents. All drawings, plans, specifications, and other related
documents prepared by the Consultant under this agreement are and shall be the property of the City; and
may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws.
9. Records. The City or State Auditor or any of their representatives shall have full access
to and the right. to examine during normal business hours all of the Cons ultant.'s records with respect to all
matters covered in this contract. Such representatives shall be permitted to audit, examine and snake
excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls
and record of matters covered by this contract for a period of three years from the date final payment is
made hereunder.
10. Insurance. The Consultant. shall procure and maintain for the duration of the agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the Performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
Agreement for Professional Ser-�oes Pigc 2 of 6
Michael ytcComiiek. FAICP
No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be
construed to limit. the liability of the Consultant to the coverage provided by such insurance, or otherwise
limit the City's recourse to any remedy available at laws or in equity.
A. Minimum_ Scone of Insurance. Consultant. shall obtain insurance of the types described
below:
I. Automobile Vability insurance covering all owned, non - owned, hired
and leased vehicles. Coverage shall be written on insurance Services OIl'ice
(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.
If necessary, the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising injury.
The Citv_ shall be named as an insured under the Consultant's Commercial
General Liability insurance policy with respect to the work performed for the
City.
3. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
B. Minimum Amounts of _Insurance. Consultant shall maintain the following insurance
limits.
1. Automobile Liability insurance with a minimum combined single limit.
for bodily injury and property damage of 5500,000 per accident.
2. Commercial General Liabililh, insurance shall be written with limits no
less than $1,000,000 each occurrence, 52,000,000 general aggregate.
C. Other insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Professional Liability and
Commercial General Liability insurance:
I. The Consultant's insurance coverage shrill be primary insurance as
respect the City. Any insurance, self - insurance, or insurance pool coverage
maintained by the City shall be excess of the Consultant's insurance and shall not
contribute with it.
2. Cancellation of Consultant's insurance shall be governed by either:
a. the policy shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty days prior written notice by
certified mail, return receipt requested, has been given to the City, or
b. the Consultant shall provide at least 30 days prior written notice by
certified nail, return receipt requested of a cancellation.
D. Acceptability of Insurers. insurance is to be placed with insurers with a current A.M.
Best rating of not. less than A:VIi.
Agreetvcnt for Pn,fessional Services Page 3 of G
\9ichael McComick. FAICP
• •
E. Evidence of Coverage. As evidence of the insurance coverages required by this contract,
the Consultant shall furnish acceptable insurance cert.iftcates to the City at the time the Consultant
returns the signed contract. The certificate shall specify all of the parties who are additional
insureds, and will include applicable policy endorsements, and the deduction or retention level.
insuring companies or entities are subject to City acceptance. if requested, complete copies of
insurance policies shall be provided to the City. The Consultant shall be financially responsible
for all pertinent deductibles, self- insured retentions, and/or self - insurance.
11. Indemnification and Hold Harmless. The Consultant shall defend, indemnify and hold
the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suit% including attorney fees, arising out of or in connection with the performance of
this agreement, except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject. to RCW
4.24.1 15, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of-the Consultant. and the City, its officers,
officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant 's negligenc.c. It is further specifically and expressly understood that the indemnif u-ition
provided herein constitutes the Consultant's waiver of immunity under industrial Insurance. Title 51
RC V, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of tlhc 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, shal I 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 Consultant shall not enter into
subcontracts for any of the work contemplated under this agreement. without obtaining prior written
approval of the City.
15. Confidentiality. Consultant may, from time to time, receive intonnation which is
deemed by the City to be confidential. Consultant shall not disclose such information without the express
written consent of the City or upon order of a Court of competent jurisdiction.
16. Jurisdiction and Venue. This agreement is entered into in Spokane County,
Washington. Venue shall be in Spokane County; State of Washington.
17. 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; Consultant's attorney fees
payable by the City shall not. exceed the total sum amount paid under this agreement.
Agreement for Pmfessiarwi Services Page 4 of 6
Michati McConnick, FAICT
18. Entire Agreement. This written agreement constitutes the entire and complete
agreement between the parties and supercedes any prior oral or written agreements. This agreement may
not be changed, modified or altered except in writing signed by the parties hereto.
19. 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 fixture gift, favor, service or other thing of
value from any person with an interest in this agreement.
20. Business Registration. Prior to commencement of work under this agreement,
Consultant shall register with the City as a business.
21. Severability. If any section, sentence, clause or phrase of this agreement should be
held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the
validity of any other section, sentence, clause or phrase of this agreement.
22. Exhibits. Exhibits attached and incorporated into this agreement are:
1. Scope of services
2. Insurance Certificates
/ 1N WITNESS EREOF, the parties have executed this agreement this �3 day of
2008.
Z'// a
I F SP NE VALLEY:
lG
David cier ity Manager
ATTEST
i�
_Christine Bainbridge, City Clerk
APPROVED AS M ORM:
Office of the City Attorney
This document contains personal confidential information
and has been redacted pursuant to RCW 42.56.230(3).
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Agreement for Professional Services Page 5 of 6
Michael McCormick, FAICP
•
A17ACII_II LENT A
SCOPE OF WORK
The Consultant understand, die client wishes by facilitating the negotiation of interloeal agreements for
collabonaLive planning in Spokane metro urban growth area.
Collaborative Planning Grant Task
hours
Budget
t ve�ult Ititerloc�l:;agrcen t nts. for Plaint Planning for Spokane County: and
el s
Task 1. Identtf areas for collaboration
Task 2. Assess staff time and resources to develop agreements:
Task 3. Coordinate cities and county efibrts to negotiate agreements
Task 4. Negotiate terms of int.erlocal agreements
Task 5. Facilitate the execution of interlocal agreements
Task C. Report findings to elected and appointed officials
Task 7 Prepare monthly progress reports summarizing status of negotiations;
outlining future needs for support. material, and identifying future coordination
tasks.
Total
All invoices will include a brief status report, with work billed based hours expended. All expenses for
travel will be invoiced separately with actual receipts.
Agreement for Pmfessinnnl Scrviccs Page 6 of 6
Michael Mcc *_nrmick, FAICP
if 1/23/2008 08:54 BrOtrud lllddlton Insurance l(atherine Lewis- *Mike: 2/5
9ient#: 124225
MCCOMIC
ACORDIIU CERTIFICATE OF
LIABILITY INSURANCE 0112(MMIDDfYYYY)
01122(08
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
eratrud Middleton Insurance
Brokers, Inc. Olympia Select
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW.
P.O. Box 2007
Olympia, WA 98507
INSURED
Michael J. McCormick, FAICP
INSURERS AFFORDING COVERAGE NAIL 4
tMSURERA: HARTFORD CASUALTY INSURANCE
INSURER 8:
2420 Columbia Street SW
INSURER C:
Olympia, WA 98501
INSURER
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE 13SEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. rdOTYJrrHSTANDING
ANY REQUIRa4ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T,-IIS CERTIFICATE ho.Y BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Xr- USIONS P.ND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS, SHOWN MAY HAVE BEEN REOUCED'BY PAID CLAIMS.
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TYPE, OF INSURANCE
CF.NERAL LIABILITY
X CMUMERCIAI, GENERAL LIABILITY
CLAIMS MAI ?B � OCCUR
POLICY NUMBER
52SBAIJ4972DX
POLICY EFFECTWE
DAP IAMIOD
01/07108
POLICY EXPIRATION
OAT 1I,UUUfY
01/07/09
' LIMITS
$2.000,000
DAM GCCURRENTE
DAMAGE '10 RENTED nl
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PERSONAL $. ADV INJURY
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GENERAL AGGREGATE
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PRODUCTS - COMPIOP AGO
$4,000,000
GV N'L AG GRFGATE L UATT APPLIES PER:
POLICY MO LOC
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SPECIAL PROVISIONS b&l
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DESCRIPTION OF OPLRATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
Certificate holder is included as additional insured where required by written contract
as their interests may appear per form endorsement SS 00 02.12 06.
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City Of Spokane Valloy
CIO, Mike Basinger
11707 East Sprague Ave.
Spokane, WA 99206
ACORD 25 (2001108) 1 of 2 #S205840IM205836
SHOULD ANY OF *1116 ABOVE DESCR®F,D POLICIES HE CANCELLEU BEFORE THE EXPIRATION
DATETHFRLCF,- rHEISSUI NGUISURkRYVILI.ENUEAVORTOIAAIL DAYS WRITTEN
NOTICE TO THE CERTIFICAIV HOLDER AIAMED TO THE LEFT, BUT FAILURE 10 DO SO SHALL
IN.POSE NO OBLIGATION OR LIABILII'V OF ANY KIND UPON THE III5UREIt, ITS AGENT'S OR
AUTHORIZED REP RF.SENTATTVE
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KL1-00 9 ACORD CORPORATION 1988
ACORD 25 -S (2001108) 2 of 2 #S20564Uffw[u:)n -3d
zf 1/23/2008 08:54 • Bratrud Allddlt011 Insurance
SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 52 SBA TJ4972
Katherine Ls -+nllke
ADDITIONAL INSUREDS: THE FOLLOWING ARE ADDITIONAL INSUREDS FOR BUSINESS
LIABILITY COVERAGE IN THIS POLICY.
LOCATION: 001 BUILDING: 001
TYPE: PERSON /ORGANIZATION:
NAM S: CITY OF SPOKANE VALLEY C/0 MIKE
BASINGER 11707 E SPRAGUE AVE
Form SS 00 02 12 06 Page 006 (CQNTIrNME0 ON NEXT PAGE)
Process Date: 01/09/08. Policy Expiration Date: 01/07/09
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SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 52 SBA IJ11972
Form Numbers of Forms and Endorsements that apply:
SS 00 01 04 93
SS 00 45 12 06
SS 01 85 11 :3
SS 04 41 07 05
SS 04 4S 07 OS
SS 04 80 03 00
1H 10 01 09 86
SS 09 25 04 98
SS 50 30 06 03
SS 00 05 12 06
SS 8-1 15 0 "1 05
SS 04 19 07 OS
SS 04 42 07 05
SS 04 47 07 05
SS 04 86 03 00
SS 05 09 07 00
SS 09 42 07 99
SS 38 2S 12 07
SS 00 07 07 05
SS 01 28 06 03
SS 04 30 07 05
SS 04 44 07 05
SS 04 74 07 05
SS 40 18 07 05
SS 05 47 09 01
SS 10 04 09 98
SS 83 76 02 06
Katherine 0s- +Mike
SS 00 08 04 05
SS 01 70 06 0.1.
SS 04 39 07 05
SS 04 45 07 05
SS 04 78 07 05
SS 41 12 12 07
SS 09 01 09 00
SS 50 19 06 03
Form SS 00 02 12 06 • Page 007
Process Date: 01/09/08 Policy Expiration Date: 01/07/09
5/5
ON41-210.
ORRON MUTUAL INSURANCE GROUP
Oregon Mutual and Western Protectors Insuranco Companies
P.O. BOX 808, McMianvillo, Or[-jinn 07128
Automobile POlicy AMENDED DECLARATION
FOR OREGON MUTUAL INSURANCE COMPANY
Customer since 05/01/80
MICHAEL J MCCORMICK
KATHLEEN T MCCORMICK
2420 COLUMBIA ST SW
OLYMPIA, WA 98501
001/11/2oo8
INSURED
PAGE 1 OF 2
1600
POLICY NUMBER WP0201637
CHANGE EFFECTIVE 01/07/2008
POLICY PERIOD 11/0 1 /2007 TO 05/01/2008
BILLING ACCOUNT 882403561
Effective 12:01 A.M. Standard Time at address of the Named Insured.
This doclmation page roplaons all previousfy issued dedwalion:s. This: p4oy
applies only to accidenb, occurrences, or locsas which happen during tho policy
period. Our limit for each coverage shall not be more than the amount stated far
the covernge, cuhjad to all the terms of this policy. ? zre _ t
.. Preddent !/
BRATRUD MIDDLETON INS.BKS, INC
315 EAST 5TH
PO BOX 2007
OLYMPIA, WA 98505
36o -352 -7676
Aulhaitnd Repfe sarbitivo
VEH YEAR MAKE MODEL VEHICLE IDNUMBER TYPE 9Ytl130L�! Mp use
4 2006 SUBARU LEGACY OUTBK 2. 4S4BP61C367300515 A 12 PLEASURE
vEH PERT 'rIEN STATE TERR RATED DRVR D.O.B. STATED VALUE
4 46 411 12/30/42
190161TJ • =
Credits arms factorod into premiumn lir4od below.
Coverage Is provided only where a premium and a limit of liability are shown for the coverage.
VEH 4
VEH
VEH
VEH
COMBINED SINGLE LIMITS
500,000 PER OCCURRENCE
403.00
AUTOMOBILE PERSONAL INJURY PROTECTION
35,000 PER PERSON
61.00
UNINSURED /UNDERINSURED MOTORIST (BI)
500,000 PER OCCURRENCE
175.00
UNINSURED /UNDERINSURED MOTORIST (PD)
25,000 PER OCCURRENCE
9.00
VEH 4 VEH VEN VEH
COMPREHENSIVE 100
70.00
COLLISION 500
157.00
TOWING COVERAGE - $100
3.00
RENTAL COST COVERAGE - $35 DAY /$1050 MAXIMUM
12.00
>>> COVERAGE / LIMITS CHANGE <<<
TOTAL
890 , DD
PER VEH
CHANGES GENERATE $ 82.00 ADDITIONAL PREMIUM I FULL TERM PREMIUM $ 890.00
oososA (e-04) OUR MUTUAL INTEREST IS YOU! S
■ 0 E 1/23/2010$ 09.54 Rratrml Mtddlton•Insurance Katherine I,etivis- >1.11ke
■ ■ ■ •
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1/5
FAX B RAT RU D
MIDDLETON
Date: January 23, 2008 I N S U R A N C E
Olympia. Office
315 5th Avenue SE
To: Mike Olympia, WA 98501
Spokane Valley
Fax dumber 509 -921 -1008
P.O. Sox 2007
Olympia, WA 98507
From: Katherine Lewis http: / /�«.vw.brittrud.com
Fax Number 360.754..7537
360.352.7676
888.302.7676
Total Pages: 5
(Includes cover sheet)
Subject: Certificate ofInsuranee for Michael McCormick
Message
Mike,
Attached is a certificate of insurance for Michael J. McCormick FAICP.
As you can see, your agency has been added as an additional
insured on the policy per the attached form. I am not sure why the
company did not send you proof of coverage initially but should you
need anything further, please have the insured contact our agency.
Thank you,
Katie Lewis
Account Assistant
NOTICE: 'Phis conuttunication including* any attacluttents may contain privileged or contAenuai
information. If you are not the intended recipient, or believe that you received this communication
in en-or, please advise the sender iinmcdiately and delete or destroy the copy yoti received.
Thank you.