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12-022.00 Van Ness Feldman: Shoreline Master Program AGREEMENT FOR PROFESSIONAL SERVICES Van Ness Feldman,A Professional Corporation,operating in the State of Washington as Van Ness Feldman GordonDerr THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Van Ness Feldman,A Professional Corporation,operating in the State of Washington as Van Ness Feldman GordonDerr, hereinafter "Contracting Entity," jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed. The Contracting Entity shall provide all labor, services and material to satisfactorily complete the attached Scope of Services. A. Administration. The City Manager or designee shall administer and be the primary contact for Contracting Entity. Prior to commencement of work, Contracting Entity shall contact the City Manager or designee to review the Scope of Services,schedule and date of completion. Upon notice from the City Manager or designee,Contracting Entity shall commence work,perform the requested tasks in the Scope of Services, stop work and promptly cure any failure in performance under this Agreement. B.Representations. The City has relied upon the qualifications of the Contracting Entity in entering into this Agreement. By execution of this Agreement,Contracting Entity 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 Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of the City. Contracting Entity represents that the compensation as stated in paragraph 3 is adequate and sufficient compensation for its timely provision of all professional services required to complete the Scope of Services under this Agreement. Contracting Entity shall be responsible for the technical accuracy of its services and documents resulting therefrom,and City shall not be responsible for discovering deficiencies therein.Contracting Entity shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. • C. Standard of Care. Contracting Entity shall exercise the degree of skill and diligence normally employed by attorneys performing the same or similar services at the time such services are performed. D. Modifications. The City may modify this Agreement and order changes in the work whenever necessary or advisable. The Contracting Entity 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 Contracting Entity shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation. Agreement for Professional Services Page 1 of 7 Ooi�L-o`LL 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by the City. Contracting Entity shall complete its work by December 31, 2013, of execution of this Agreement, unless the time for performance is extended in writing by the parties. Notwithstanding the foregoing, this agreement shall be deemed terminated if Contracting Entity has not provided legal services to the City for a period of one year. Either party may terminate this Agreement for material breach after providing the other party with at least ten • days'prior notice and an opportunity to cure the breach. The City may,in addition,terminate this Agreement for any reason by ten days'written notice to the Contracting Entity. In the event of termination without breach, the City shall pay the Contracting Entity for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. A. Hourly Rates. Contracting Entity bills for services by the hour.For this matter,Contracting Entity is offering municipal discounted rates to reflect the public nature of the work. Tadas Kisielius's rate for this matter is$265 per hour and Jay Derr's rate will be$375 per hour. These rates will apply to all billings in 2012 and 2013. Thereafter billing rates may be adjusted from time-to-time,but not more frequently than annually. No other attorneys or professionals shall provide services under this Agreement without prior approval from the City. B. Other Costs. In addition to fees for professional legal services, Contracting Entity will charge separately for other services and expenses to the extent of their use by the City. These charges include: car mileage in excess of 30 miles per trip at the business mileage rate calculated by the IRS (currently, $.55.5 per mile);airfare and other travel expenses such as hotel accommodations at cost; postage;document delivery charges and conference call charges at cost;copying charges at$.15 per copy ($.75 per color copy) for in-house copying and at cost, including taxes, for outside copying services; court or administrative board filing fees and other court- or board-related expenditures including court reporter and transcription fees at cost;and other costs that are directly attributable to the representation. C. Flat Fee for Identified Tasks. Notwithstanding the hourly rates identified above, Contracting Entity will bill a flat fee of$4000 plus reimbursable expenses for both Jay Derr and Tadas Kisielius to attend the first full day of meetings,with the City for introductions,overview and site visits. The first full day of meetings will be scheduled at a mutually convenient time. Additionally the Contracting Entity will not bill hourly rates for travel time to the City for six trips per year during the Term. Contracting Entity and the City will attempt to coordinate and consolidate meetings to reduce or eliminate the need for additional trips beyond that agreed number. Contracting Entity shall not perform any extra,further or additional services for which it will request additional compensation from the City without a prior written agreement for such services and payment therefor. 4. Payment. The Contracting Entity 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. 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 Services,City standards,City Code,and federal or state standards. Agreement for Professional Services Page 2 of 7 5. Conflicts. To comply with the Washington Rules of Professional Conduct(RPCs), Contracting Entity - maintains a conflict of interest index identifying all of Contracting Entity's current and former clients. Based on our current scope of representation, Contracting Entity reviewed the City against Contracting Entity's conflict of interest index and has identified one concurrent client with which a potential conflict could potentially arise. Contracting Entity currently represents Central Premix in connection with permitting and operation of its facilities outside of the City of Spokane Valley. Contracting Entity has not represented and will not represent Central Premix in relation to its existing facilities and operations in the City during the term of this Contract, unless the City consents, in writing to such representation in the future. In addition, Contracting Entity will implement standard procedures to screen any professionals who have worked or who commence work in the future on matters for Central Premix from Contracting Entity's representation of the City. Contracting Entity shall also implement standard procedures to screen Jay Den and Tadas Kisielius from any information related to Contracting Entity's work for Central Premix.. As of the date of this Agreement, Brent Carson and Duncan Greene will be screened from all information related to Contracting Entity's work for the City. With its signature below,the City consents that Contracting Entity's continued work for Central Premix on matters related to operations outside of the City of Spokane Valley is unrelated to Contracting Entity's work for the City and would not materially limit Contracting Entity's responsibilities to the City and further would not materially limit Contracting Entity's responsibilities to Central Premix on matters outside the City. 6. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTING ENTITY: Name: Christine Bainbridge,City Clerk Name: 7 az /i/si% Phone Number: (509)921-1000 Phone Number: (20 ) 3,37,3,1-y,WO Address: 11707 East Sprague Ave, Suite 106 Address: -f qi/e/gC' Sak SD Spokane Valley, WA 99206 ea/!t°� l/, ��,a,_3/ -0 7.Applicable Laws and Standards. The parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Contracting Entity warrants that its designs, construction documents,and services shall confirm to all federal, state and local statutes and regulations. 8. Relationship of the Parties. It is understood,agreed and declared that the Contracting Entity 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 are performed is solely within the discretion of the Contracting Entity. Any and all employees who provide services to the City under this Agreement shall be deemed employees solely of the Contracting Entity. The Contracting Entity shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by the Contracting Entity 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. The written, graphic, mapped, photographic, or visual documents prepared by Contracting Entity under this Agreement shall, unless otherwise provided,be deemed the property of the City. The City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files,for the City's use. The City shall have unrestricted authority to publish,disclose, Agreement for Professional Services Page 3 of 7 distribute and otherwise use,in whole or in part,any reports,data,drawings,images or other material prepared under this Agreement,provided that the Contractor shall have no liability for the use of the Contractor's work product outside of the scope of its intended purpose. It is further agreed that after the conclusion of this matter,Contracting Entity will offer to return any files to the City. If Contracting Entity does not receive instructions as to the disposition of these files within 60 days after said offer, it is agreed that Contracting Entity need not retain such files for more than three(3)years or other time period required for specific categories of documents under the document retention schedule for public documents established by the Secretary of State. After that time, Contracting Entity may destroy all such materials that do not have intrinsic value. City further agrees that Contracting Entity may retain a copy of materials in such files at its own expense. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contracting Entity's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. The Contracting Entity 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 Contracting Entity,its agents,representatives,employees or subcontractors. A. Minimum Scope of Insurance. Contracting Entity shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office(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 City shall be named as an insured under the Contracting Entity'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. 4. Professional liability insurance appropriate to the Contracting Entity's profession. B.Minimum Amounts of Insurance. Contracting Entity shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate. Agreement for Professional Services Page 4 of 7 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 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: 1.The Contracting Entity's insurance coverage shall be primary insurance with respect to the City. Any insurance,self-insurance,or insurance pool coverage maintained by the City shall be excess of the Contracting Entity's insurance and shall not contribute with it. 2. Contracting Entity shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contracting Entity. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,the Contracting Entity shall furnish acceptable insurance certificates to the City at the time the Contracting Entity returns the signed Agreement. 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 Contracting Entity shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 12.Indemnification and Hold Harmless. The Contracting Entity shall defend,indemnify and hold the City, its officers,officials,employees and volunteers harmless from any and all claims,injuries,damages,losses or suits including attorney fees,arising out of or in connection with the performance of this Agreement,subject only to the limitations provided below: Contracting Entity's duty to indemnify shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Contracting Entity,or its agents or employees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,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 Contracting Entity, its agents or employees, and the City, its officers, officials, employees, or volunteers, the Contracting Entity's duty to indemnify hereunder shall be only to the extent of the Contracting Entity's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contracting Entity's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. Contracting Entity's obligation to defend, indemnify and hold the City harmless shall include, but not be limited to,the City's attorney and expert fees,court costs, and all other claim-related expenses. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the Agreement. 13. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement for Professional Services Page 5 of 7 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. 14. 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. 15. Subcontracts. Except as otherwise provided herein, the Contracting Entity shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. 16. Confidentiality. Contracting Entity may,from time to time,receive information which is deemed by the City to be confidential. Contracting Entity shall not disclose such information without the prior express written consent of the City or upon order of a Court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between the City and Contracting Entity shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Contracting Entity agrees that it may,at the City's request, be joined as a party in any arbitration proceeding between the City and any third party that includes a claim or claims that arise out of,or that are related to Contracting Entity's services under this Agreement. Contracting Entity further agrees that the Arbitrator(s)decision therein shall be final and binding on Contracting Entity and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. 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. 20.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. 21. Business Registration. Prior to commencement of work under this Agreement, Contracting Entity shall register with the City as a business. 22. 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. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Services 2. Insurance Certificates Agreement for Professional Services Page 6 of 7 The parties have executed this Agreement this d`ay of , 2012. CITY OF SPOKANE VALLEY Contr ing En ity: Mike Jackson City Manager By: / Its: Auth• ized Representative ATTEST APPROVED AS TO FORM: ristine Bainbri.ge, City Cler'/ Office oft City Attorn y Agreement for Professional Services Page 7 of 7 Exhibit 1 Scope of Work Legal Counsel Services for Shoreline Master Program BACKGROUND The City of Spokane Valley is updating its Shoreline Master Program (SMP) consistent with RCW 90.58.080. The SMP must be finalized by December 15t, 2013. The SMP consists of the following five components: 1. Inventory and Shoreline Characterization. A draft inventory and characterization has been completed. 2. Develop goals, polices and regulations. Draft goals and policies have been completed. 3. Address cumulative impacts. 4. Establishing Environmental Designations. 5. Develop a Restoration Plan. Van Ness Feldman, A Professional Corporation, dba Van Ness Feldman GordonDerr (Van Ness Feldman) will provide legal support and contribute information and ideas in the analysis, drafting, and adoption of the SMP and its components, set forth above. The City has an additional contract with URS Corporation to assist in preparing the components of the SMP. GOAL The goal of the City in developing its SMP is to establish a program that meets all state and federal requirements regarding Shoreline management. The goal is to craft a shoreline regulatory approach that balances local government involvement and protection of private property, while fostering development. Van Ness Feldman will provide legal advice to ensure the City's SMP meets the City's goals and legal requirements. TASK#1: The first task will be a kick off meeting. _Jay Derr and Tadas Kisielius of Van Ness Feldman will travel to the City for a full day to meet City staff involved in the SMP and conduct site visits. Prior to the initial meeting, the City will provide copies of the draft components and other pertinent documents for Van Ness Feldman's review. Van Ness Feldman will also attend a City Council meeting to discuss the challenges and opportunities of developing an SMP, listen to Council, and ensure there is clear understanding of Council expectations and concerns. Staff will follow up with Jay Derr and Tadas Kisielius to ensure alignment before proceeding to Task#2. TASK#2: Review the components of the SMP that have been drafted to date, which includes the Public Participation Plan, the Inventory and Characterization Report, and the Draft Goals and Policies. Also review public comments received to date. SMP Scope ofWork Page2of3 report to identify the mandatory state and federal Deliverables: Van Ness Feldman will provide a letter ep t fy y f requirements governing the SMP, evaluate if the draft components of the SMP meet these requirements, identify areas that exceed state and federal requirements, and provide recommendations to ensure the SMP components meet the City's goals. Specifically, Van Ness Feldman shall identify what provisions within the draft documents exceed the minimum requirements of the law and offer opinion where value could be added to the SMP to further Council objectives. • It is anticipated that Mr. Kisielius will attend one City Council meeting during this task. TASK#3: Review the draft Environment Designations, Public Access Plan, Critical Areas Review, Cumulative Impacts, No Net Loss Report, Shoreline Restoration Plan, and Administrative Procedural components of the SMP. The City, in conjunction with URS Corporation, will draft these documents. Van Ness Feldman will provide legal review of these documents to ensure conformance with the City's goals. The initial review of each document will occur once the draft is completed by staff and/or consultant and prior to public review. As these components go through the public involvement and review process, Van Ness Feldman will provide legal advice to address comments from the Department of Ecology (DOE), other state and local agencies, and the public. Deliverables: Van Ness Feldman will provide written comments for each of these SMP components and will provide legal advice as needed. • It is anticipated that Mr. Kisielius will attend one City Council meeting during the review of these SMP components. TASK#4 Review the draft SMP regulations. The City will prepare draft regulations for the implementation of the SMP and an ordinance adopting the SMP. Van Ness Feldman will provide legal review of the regulations and ordinance to ensure conformance with the City's goals. Van Ness Feldman will provide an initial review of the draft development regulations prior to public review and will provide legal advice to address comments from DOE, other state and local agencies, and the public during the review of the development regulations and the local adoption process of the SMP. Deliverables: Van Ness Feldman will provide written comments on the development regulations and adopting ordinance and will provide legal advice as needed. • It is anticipated that Mr. Kisielius will attend one Planning Commission during this task and, along with Mr. Derr, one City Council meeting for the review and approval of the development regulations. In regards to the overall SMP adoption by ordinance, it is anticipated that Mr. Kisielius will attend one Planning Commission meeting and, along with Mr. Derr, one City Council meeting. SMP Scope of Work Page 3 of 3 Task#5 The City will complete the local adoption process and provide the adopted SMP to DOE for state review and adoption. Van Ness Feldman will provide legal advice to address comments from the DOE, other state and local agencies, and the public. It is anticipated that neither Mr. Derr nor Mr. Kisielius will attend any meetings during this phase. Deliverables: Van Ness Feldman will provide written comments and provide legal advice as needed in response to DOE's review. Exhibit 2 r ® DATE IMM/DD/VWV) a�° CERTIFICATE OF LIABILITY INSURANCE 2/14/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 1 CONTACT Susan Miller I PRODUCER NAME: Rossmann-Hurt-Hoffman Inc. PHONE (410)465-4300 AC,No): (410)465-1458 IA/C.No,Ext): 3290 North Ridge Road E-MAIL ADDRESS;smiller @rhhinsurance.com • Suite #300 INSURER(S)AFFORDING COVERAGE NAIC if Ellicott City MD 21043 INsuRERA:Continental Casualty Company INSURED INSURER B: Van Ness Feldman, PC INSURER C: 1050 Thomas Jefferson Street, NW INSURER D: ' Suite 700 INSURER E: Washington DC 20007-3877 INSURER F: COVERAGES CERTIFICATE NUMBER:CL122217628 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVQ POLICY NUMBER (MMIDDIYYYY) (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE S GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY n PRO- [ I JECT LOC $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) _$_ ANY AUTO BODILY INJURY(Per person) $ — — ALL OWNED SCHEDULED BODILY INJURY Per accident) S AUTOS AUTOS — NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS � AUTOS (Per accident) `$ r UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ EXCESS LIAB I CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU• OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE l I E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Lawyers Professional 132885921 1/25/2012 1/25/2013 Each Claim: $10,000,000 Liability Insurance Aggregate: $10,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Deductible: $150,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley T AUTHORIZED REPRESENTATIVE l//I/'Y- U d-CfCn� 1 , ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(2010051.01 The ACORD name and logo are registered marks of ACORD 1 Client#:40157 VANNES ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 02/14/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER;AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lisa D.Winchester CBIZ Insurance Services PHONE 443-259-3285 FAx (A/C,No,Eat): (A/C,No): _9755 Patuxent Woods Drive ADDRESS: Iinchester@cbiz.com Suite 200 INSURER(S)AFFORDING COVERAGE I NAIC p Columbia,MD 21046 INSURER A:Hartford Accident&Indemnity 22357 INSURED INSURER B:Hartford Casualty Insurance Co 29424 Van Ness Feldman GordonDerr(t/a) INSURER C: 2025 First Avenue#500 INSURER D: Seattle,WA 98121 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR R TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD�YY (MM/DD/YYYY I LIMITS LT INSR WVD ( ) ) — ----- A GENERAL LIABILITY X 42UUNUA7515 10/01/2011 10/01/2012 EACH OCCURRENCE $1,000,000_ . X COMMERCIAL GENERAL LIABILITY DAMAGE TO occurrence) s700,000 CLAIMS-MADE X OCCUR MED EXP(Anyone person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG ;$2,000,000 POLICY PET X LOC $ ----- A AUTOMOBILE LIABILITY 42UUNUA7515 10/01/2011 10/01/2012 {E°aocdeDn INGLELIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident)I$ AUTOS _ AUTOS I -- -- - NON-OWNED $ X HIRED AUTOS X AUTOS PROPERTY DAMAGE (Per accident) 1 $ B X UMBRELLA LIAB _ OCCUR 42XHUUG7098 10/01/2011 10/01/201EACHOCCURRENCE _' 2k $15,000,000 EXCESS LIAB CLAIMS-MADE - AGGREGATE $15,000,000 DED X RETENTION$O $-- B WORKERS COMPENSATION 42WBLI5323 10/01/2011 10/01/201 WC L STATU- r OTH- AND EMPLOYERS'LIABILITY IDRY LIMITS_ ER._J_ YIN E.L.EACH ACCIDENT 5500,000 OFF PROPRIETOR/PARTNER/EXECUTIVE M MBE EXCL NIA X ---._ - -- ---- (Ma daloMEMNHR EXCLUDED? N (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE s500,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $500,000 I • DESCRIPTION OF OPERATIONS below ----- DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule.it more space is required) City of Spokane Valley is included as an Additional Insured under the General Liability insurance when there is a written contract with the policyholder requiring such organziation be an Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 East Sprague Avenue, Suite ACCORDANCE WITH THE POLICY PROVISIONS. 103 Spokane Valey,WA 99206 AUTHORIZED REPRESENTATIVE CBIZ Insurance Services, Inc. ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S566405/M566402 SLD Client#:40157 VANNES ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY)10/07/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lisa Winchester CBIZ Insurance Services PHONE 443-259-3285 FAX (A/C,No,Ext): (A/C,No): 9755 Patuxent Woods Drive EDIT RESS: Iinchester @cbiz.com Suite 200 INSURER(S)AFFORDING COVERAGE NAIC# Columbia,MD 21046 INSURERA:Hartford Accident&Indemnity 22357 INSURED INSURER B:Hartford Casualty Insurance Co 29424 Van Ness Feldman LLP; and t/a Van Ness INSURER C Hartford Fire Insurance Co. 02231 Feldman GordonDerr INSURER D: 1050 Thomas Jefferson Street, NW INSURER E: Washington, DC 20007 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD YYY) A GENERAL LIABILITY 42UUNUA7515 10/01/2013 10/01/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISESO(EaE occurrence) $700,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 JPRO- POLICY X LOC $ A AUTOMOBILE LIABILITY 42UUNUA7515 10/01/2013 10/01/2014 COMBINED SINGLE LIMIT 1 000,000 (Ea accidence � ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ X HI/REOD AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ B X UMBRELLA LIAB X OCCUR 42XHUUG7098 10/01/2013 10/01/2014 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED X RETENTION$O $ C WORKERS COMPENSATION 42WBCK1795 10/01/2013 10/01/2014 X WC RY LIM STATU- IT S OTH- AND EMPLOYERS'LIABILITY TO ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE (DC,CA,ID, NY E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) MA) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Spokane Valley is included as an Additional Insured under the General Liability insurance when there is a written contract with the policyholder requiring such organziation be an Additional Insured. CERTIFICATE HOLDER CANCELLATION , City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y p y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 East Sprague Avenue,Suite ACCORDANCE WITH THE POLICY PROVISIONS. 103 Spokane Valey,WA 99206 AUTHORIZED REPRESENTATIVE CBIZ Insurance Services, Inc. 1 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S800644/M799784 SMP (;012-OZZ SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: REQUEST FOR QUALIFICATIONS: Contracted Legal Services City of Spokane Valley AFFIDAVIT OF PUBLISHING NOTICE STATE OF WASHINGTON ) )SS. County of Spokane ) MICHAEL HUFFMAN , being first duly sworn on oath deposes and says that he is the EDITOR, of The Spokane Valley News Herald, a weeklynewspaper. Thatsaidnewspaperis a legalnewspaper and itisnow andhasbeenfor more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a weekly newspaper in Spokane County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper, which said newspaper had been approved as a legal newspaper by order of the Superior Court of the State of Washington in and for Spokane County. That the following is a true copy of a public notice as it was published in regular issues commencing on the 28th day of October, 2011 and ending the 28th day tober. 2011 all slates inclusive, and that such newspaper was regularly distributed to its subscribers during all of saidperiod: � . CITY OF SPOKANE VALLEY Request for all ea Contracted Lea gal Servic es SU CRIB D a d SWORN to before me Services � The City of Spokane Valley - invites responses regarding contracted legal services advising the City on shoreline issues pursuant to the Shoreline Management Act, Chapter 90.58, RCW (hereaf- ter referred to as Special Counsel). Responses are due to the City Clerk's Office by 4:00 P.M. December 9, 2011, except faxed responses, which shall be submitted by 1:00 p.m. December 9, 2011 to ensure proper receipt and documenta- tion. The City seeks services encompassing the advisement and rendering of legal opinions to the City Council and staff regarding implementation of the Shoreline Management Act, Chapter 9o.58, RCW. Attendance at occasional meetings will be required, including staff meetings and Council meetings as specified. A more detailed statement of the services expected is provided in the full Request for Qualifications, which can be obtained from the Office of the City Attorney by contacting Susan Bullock at (509) 720 -5105, or from the City's website at spokanevalley.org on the City Attorney's page. 10/28 this 28th day of October, 2011. k%o till I# State of Washington �� , . County of Spokane RAE �r i •' %ON E X,o •' =.�`Ss vi e �' M chael thatl know or Huffman is the perso vsatisfactory who a p ea ed before •ine, and said person acknowledged pp he signed tAOTARY 9 Ax is instrument and acknowledged it to be his free Z jnd voluntary act for the uses and purposes men - PUBUC+ : O mooned in the instrument. • rA� #�OF� ASS ``` Title: Not Public �1 Y My appo' ent expires: 5 -16 -152 City of Spokane Valley Request for Qualifications: Contracted Legal Services The City of Spokane Valley invites responses regarding contracted legal services advising the City on shoreline issues pursuant to the Shoreline Management Act, Chapter 90.58, RCW (hereafter referred to as Special Counsel). Responses are due to the City Clerk's Office by 4:00 p.m. December 9, 2011, except faxed responses, which shall be submitted by 1:00 p.m. December 9, 2011 to ensure proper receipt and documentation. The City seeks services encompassing the advisement and rendering of legal opinions to the City Council and staff regarding implementation of the Shoreline Management Act, Chapter 90.58, RCW. Attendance at occasional meetings will be required, including staff meetings and Council meetings as specified. A more detailed state- ment of the services expected is provided in the full Request for Qualifications, which can be obtained from the Office of the City Attorney by contacting Susan Bullock at (509) 720 -5105, or from the City's website at spokanevalley.org on the City Attorney's page. SR23558 *Federal Tax ID No. 68- 0617327 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON County of Spokane} ss Name: C ity o f Spokane Val ley Client ID: 42365 RE: No. Lines: 36 Number: SR Number: SR23558 Total Cost: $ 47.34 Order Number: 61885 I, Ruth Sullivan do solemnly swear that I am the Principal Clerk of The Spokesman- Review, a newspaper established and regularly published, once each day in the English language, in and of general circulation in the City of Spokane County, Washington; and in the City of Coeur d'Alene, Kootenai County, Idaho; that said newspaper has been so established and regularly published and has had said general circulation continuously for more than six (6) months prior to the 23rd day of July, 1941; that said newspaper is printed in an office maintained at its place of publication in the City of Spokane, Washington; that said newspaper was approved and designated as a legal newspaper by order of the Superior Court of the State of Washington for Spokane County on the 23rd day of July, 1941, and that said order has not been revoked and is in full force and effect; that the notice attached hereto and which is a part of the proof of publication, was published in said newspaper one time(s), the publication having been made once each time on the following dates: Valley Voice Edition - October 27,, 4 2011 That said notice was published in the regular and entire issue of every number of the paper during the period of time of publication, and that the notice was published in the newspaper proper and not in a supplement. r _ �6Cz 7 tt-- /�- ��'E' � , l `rte.- r. Notary Public in and for the State of Washington, residing at Spokane County, Washington Subscribed and sworn to before me at the City of Spokane, this 31 st day of October 12011