WA - Spokane: City Council Meeting

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City Council Meeting

CITY COUNCIL MEETINGS RULES PUBLIC DECORUM

Strict adherence to the following rules of decorum by the public will be observed and adhered to during City Council meetings, including open forum, public comment period on legislative items, and Council deliberations:
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1.
No Clapping 2. No Cheering 3. No Booing 4. No public outbursts 5. Three-minute time limit for comments made during open forum and public testimony on

legislative items 6. No person shall be permitted to speak at open forum more often than once per month. In addition, please silence your cell phones when entering the Council Chambers

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Further, keep the following City Council Rules in mind:

Rule 2.2 Open Forum
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D.
The open forum is a limited public forum; all matters discussed in the open forum shall relate to the affairs of the City. No person shall be permitted to speak regarding items on the current or advance agendas, pending hearing items, or initiatives or referenda in a pending election. Individuals speaking during the open forum shall address their comments to the Council President and shall not use profanity, engage in obscene speech, or make personal comment or verbal insults about any individual.

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E.
To encourage wider participation in open forum and a broad array of public comment and varied points of view, no person shall be permitted to speak at open forum more often than once per month. However, there is no limit on the number of items on which a member of the public may testify, such as legislative items, special consideration items, hearing items, and other items before the City Council and requiring Council action that are not adjudicatory or administrative in nature, as specified in Rules 5.3 and 5.4.

No additional detail provided

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Rule 5.4 Public Testimony Regarding Legislative Agenda Items Time Limits

No additional detail provided

A.
5.4.1 The City Council shall take public testimony on all matters included on its legislative agenda, with those exceptions stated in Rule 5.4(B). Public testimony shall be limited to the final Council action. Public testimony shall be limited to three (3) minutes per speaker, unless, at his or her discretion, the Chair determines that, because of the number of speakers signed up to testify, less time will need to be allocated per speaker in order to accommodate all of the speakers. The Chair may allow additional time if the speaker is asked to respond to questions from the Council.

No additional detail provided

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B.
No public testimony shall be taken on consent agenda items, amendments to legislative agenda items, or procedural, parliamentary, or administrative matters of the Council.

No additional detail provided

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C.
For legislative or hearing items that may affect an identifiable individual, association, or group, the following procedure may be implemented:

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1.
Following an assessment by the Chair of factors such as complexity of the issue(s), the apparent number of people indicating a desire to testify, representation by designated spokespersons, etc., the Chair shall, in the absence of objection by the majority of the Council present, impose the following procedural time limitations for taking public testimony regarding legislative matters:

No additional detail provided

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a.
There shall be up to fifteen (15) minutes for staff, board, or commission

No additional detail provided

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presentation of background information, if any.

b.
The designated representative of the proponents of the issue shall speak first and may include within his or her presentation the testimony of expert witnesses, visual displays, and any other reasonable methods of presenting the case. Up to thirty (30) minutes shall be granted for the proponent s presentation. If there be more than one designated representative, they shall allocate the 30 minutes between or among themselves.

No additional detail provided

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c.
Three minutes shall be granted for any other person not associated with the

designated representative who wishes to speak on behalf of the proponent s position.

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d.
The designated representative, if any, of the opponents of the issue shall speak following the presentation of the testimony of expert witnesses, visual displays, and any other reasonable methods of presenting the case. The designated representative(s) of the opponents shall have the same time allotted as provided for the proponents.

No additional detail provided

e.
Three minutes shall be granted for any other person not associated with the designated representative who wishes to speak on behalf of the opponents position.

No additional detail provided

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f.
Up to ten minutes of rebuttal time shall be granted to the designated representative for each side, the proponents speaking first, the opponents speaking second.

No additional detail provided

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2.
In the event the party or parties representing one side of an issue has a designated

No additional detail provided

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representative and the other side does not, the Chair shall publicly ask the unrepresented side if they wish to designate one or more persons to utilize the time allotted for the designated representative. If no such designation is made, each person wishing to speak on behalf of the unrepresented side shall be granted three minutes to present his/her position, and no additional compensating time shall be allowed due to the fact that the side has no designated representative.

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3.
In the event there appears to be more than two groups wishing to advocate their distinct positions on a specific issue, the Chair may grant the same procedural and time allowances to each group or groups, as stated previously.

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D.
The time taken for staff or Council member questions and responses thereto shall be in addition

to the time allotted for any individual or designated representative s testimony. THE CITY OF SPOKANE

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ADVANCE COUNCIL AGENDA MEETING OF MONDAY, October 7, 2019

COUNCIL CHAMBERS 808 W. SPOKANE FALLS BLVD.

CITY HALL SPOKANE, WA 99201

MISSION STATEMENT TO DELIVER EFFICIENT AND EFFECTIVE SERVICES THAT FACILITATE ECONOMIC OPPORTUNITY AND ENHANCE QUALITY OF LIFE. MAYOR DAVID A. CONDON COUNCIL PRESIDENT BEN STUCKART COUNCIL MEMBER BREEAN BEGGS COUNCIL MEMBER KATE BURKE COUNCIL MEMBER MIKE FAGAN COUNCIL MEMBER LORI KINNEAR

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COUNCIL MEMBER CANDACE MUMM COUNCIL MEMBER KAREN STRATTON

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SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, OCTOBER 7, 2019

CITY COUNCIL BRIEFING SESSION Council will adopt the Administrative Session Consent Agenda after they have had appropriate discussion. Items may be moved to the 6:00 p.m. Legislative Session for formal consideration by the Council at the request of any Council Member. SPOKANE CITY COUNCIL BRIEFING SESSIONS (BEGINNING AT 3:30 P.M. EACH MONDAY) AND LEGISLATIVE SESSIONS (BEGINNING AT 6:00 P.M. EACH MONDAY) ARE BROADCAST LIVE ON CITY CABLE CHANNEL FIVE AND STREAMED LIVE ON THE CHANNEL FIVE WEBSITE. THE SESSIONS ARE REPLAYED ON CHANNEL FIVE ON THURSDAYS AT 6:00 P.M. AND FRIDAYS AT 10:00 A.M. The Briefing Session is open to the public, but will be a workshop meeting. Discussion will be limited to Council Members and appropriate Staff and Counsel. There will be an opportunity for the expression of public views on any issue not relating to the Current or Advance Agendas during the Open Forum at the beginning and the conclusion of the Legislative Agenda. ADDRESSING THE COUNCIL
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No one may speak without first being recognized for that purpose by the Chair. Except for named parties to an adjudicative hearing, a person may be required to sign a sign-up sheet as a condition of recognition.

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Each person speaking at the public microphone shall print his or her name and address on the sheet provided at the entrance and verbally identify him/herself by name, address and, if appropriate, representative capacity.

If you are submitting letters or documents to the Council Members, please provide a minimum of ten copies via the City Clerk. The City Clerk is responsible for officially filing and distributing your submittal.

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In order that evidence and expressions of opinion be included in the record and that decorum befitting a deliberative process be maintained, modes of expression such as demonstration, banners, applause and the like will not be permitted.

No additional detail provided

A
speaker asserting a statement of fact may be asked to document and identify the source of the factual datum being asserted.

SPEAKING TIME LIMITS: Unless deemed otherwise by the Chair, each person addressing the Council shall be limited to a three-minute speaking time.
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CITY COUNCIL AGENDA: The City Council Advance and Current Agendas may be obtained prior to Council Meetings from the Office of the City Clerk during regular business hours (8 a.m. - 5 p.m.). The Agenda may also be accessed on the City website at www.spokanecity.org. Agenda items are available for public review in the Office of the City Clerk during regular business hours.

AMERICANS WITH DISABILITIES ACT (ADA) INFORMATION: The City of Spokane is committed to providing equal access to its facilities, programs and services for persons with disabilities. The Spokane City Council Chamber in the lower level of Spokane City Hall, 808 W. Spokane Falls Blvd., is wheelchair accessible and also is equipped with an infrared assistive listening system for persons with hearing loss. Headsets may be checked out (upon presentation of picture I.D.) at the City Cable 5 Production Booth located on the First Floor of the Municipal Building, directly above the Chase Gallery or through the meeting organizer. Individuals requesting reasonable accommodations or further information may call, write, or email Human Resources at 509.625.6383, 808 W. Spokane Falls Blvd, Spokane, WA, 99201; or msteinolfson@spokanecity.org. Persons who are deaf or hard of hearing may contact Human Resources through the Washington Relay Service at 7-1-1. Please contact us forty-eight (48) hours before the meeting date. If you have questions, please call the Agenda Hotline at 625-6350.

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SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, OCTOBER 7, 2019

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BRIEFING SESSION (3:30 p.m.)

(Council Chambers Lower Level of City Hall) (No Public Testimony Taken)

Roll Call of Council Staff Reports Committee Reports Advance Agenda Review Current Agenda Review

ADMINISTRATIVE SESSION

CONSENT AGENDA

REPORTS, CONTRACTS AND CLAIMS RECOMMENDATION

1. Contract with Vermeer Rocky Mountain (Spokane, WA) for McLaughlin MCL-10H Pit Launched Directional Drill with Digital Control F2 Locating System 82,311.89 (incl. tax). Seth McIntosh Approve OPR 2019-0809 BID 5158-19
Tagged Passions:rfp, RFP, taxes, Taxes, and contract

2.
Contract Amendment with Bernardo Wills Architects (Spokane, WA) to complete construction phase services for CSO Basin 26 Control Facility project increase of 25,160. Total Contract Cost: 139,980.50. Mark Serbousek

Approve OPR 2017-0528 ENG 2010088 3. Contract with Keller Rohrback, LLP (Seattle, WA) for provide legal services in conjunction with recovery efforts for damages from the manufacturers and distributors of opioid based prescriptions. Michael Ormsby Approve OPR 2019-0810 4. Agreement with Washington State Department of Transportation to install conduit for City of Spokane use as part of the Trent Avenue Bridge replacement 117,652. Louis Meuler Approve OPR 2019-0811

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SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, OCTOBER 7, 2019

5. Contract with FCS Group (Redmond, WA) for rate structure analysis of the Water, Sewer, and Stormwater utilities not to exceed 260,000 (incl. tax.). Dan Kegley Approve OPR 2019-0812 BID 5115-19 6. Report of the Mayor of pending:
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a.
Claims and payments of previously approved

obligations, including those of Parks and Library, through _____, 2019, total ____________, with Parks and Library claims approved by their respective boards. Warrants excluding Parks and Library total ____________.

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b.
Payroll claims of previously approved obligations through________, 2019: __________.

Approve Authorize Payments CPR 2019-0002 CPR 2019-0003 7. City Council Meeting Minutes: ____________, 2019. Approve All CPR 2019-0013

EXECUTIVE SESSION (Closed Session of Council)

(Executive Session may be held or reconvened during the 6:00 p.m. Legislative Session) CITY COUNCIL SESSION (May be held or reconvened following the 3:30 p.m. Administrative Session) (Council Briefing Center) This session may be held for the purpose of City Council meeting with Mayoral nominees to Boards and/or Commissions. The session is open to the public.
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LEGISLATIVE SESSION (6:00 P.M.)

(Council Reconvenes in Council Chamber)
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WORDS OF INSPIRATION

PLEDGE OF ALLEGIANCE

ROLL CALL OF COUNCIL
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SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, OCTOBER 7, 2019

ANNOUNCEMENTS (Announcements regarding Changes to the City Council Agenda) NO BOARDS AND COMMISSIONS APPOINTMENTS ADMINISTRATIVE REPORT
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COUNCIL COMMITTEE REPORTS (Committee Reports for Finance, Neighborhoods, Public Safety, Public Works, and Planning/Community and Economic Development Committees and other Boards and Commissions)

OPEN FORUM This is an opportunity for citizens to discuss items of interest not relating to the Current or Advance Agendas nor relating to political campaigns/items on upcoming election ballots. This Forum shall be for a period of time not to exceed thirty minutes. After all the matters on the Agenda have been acted on, unless it is 10:00 p.m. or later, the open forum shall continue for a period of time not to exceed thirty minutes. Each speaker will be limited to three minutes, unless otherwise deemed by the Chair. If you wish to speak at the forum, please sign up on the sign-up sheet located in the Chase Gallery.

Note: No person shall be permitted to speak at Open Forum more often than once per month (Council Rule 2.2.E). LEGISLATIVE AGENDA
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SPECIAL BUDGET ORDINANCES (Require Five Affirmative, Recorded Roll Call Votes)

No additional detail provided

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Ordinance C35817 amending Ordinance No. C35703 passed by the City Council December 10, 2018, and entitled, An Ordinance adopting the Annual Budget of the City of Spokane for 2019, making appropriations to the various funds, departments and programs of the City of Spokane government for the fiscal year ending December 31, 2019, and providing it shall take effect immediately upon passage, and declaring an emergency and appropriating funds in:

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Fleet Services Fund FROM: Central Service Center, 3,497,576; TO: Various Accounts, same amount.

(This action budgets to cover increased costs and increased repairs that have not been budgeted adequately over the last few years.) Scott Simmons
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NO EMERGENCY ORDINANCES

No additional detail provided

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SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, OCTOBER 7, 2019

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RESOLUTIONS FINAL READING ORDINANCES (Require Four Affirmative, Recorded Roll Call Votes)

RES 2019-0082 OPR 2019-0813 Declaring Asea Brown Boveri Limited (ABB) who owns the patented software known as ABB ServiceGrid which is used to enhance the overall operational effectiveness and reduce maintenance costs at the City s Waste To Energy (WTE) Facility as sole source and thus authorizing its purchase from Asea Brown Boveri Limited (ABB), of Zurich, Switzerland for the Waste to Energy Facility from January 1, 2020, through December 31, 2024 estimated cost for five years of 1,350, 000 (excl. tax). Chris Averyt RES 2019-0083 Joint Resolution granting a Non-Exclusive Access and Utility Easement to the City of Spokane for Sewer Line purposes. Larry Krauter, Todd Woodard, Brian Werst RES 2019-0084 Authorizing the Airport Board to sell property identified as Spokane County Assessor's Parcel Nos. 15344.0102, 15344.0103, 15344.0104, 15344.0105, 15344.0106, 15344.0107, 15344.0108, 15344.0109, 15344.0110, 15344.0111 and 15344.0113. Larry Krauter, Todd Woodard, Brian Werst RES 2019-0085 Joint Resolution with Spokane County authorizing the Airport Board to sell property identified as Spokane County Assessor Parcels 15362.0025, 15362.0026,15362.0027 and 15362.0028. Larry Krauter, Todd Woodard, Brian Werst RES 2019-0086 Joint Resolution amending the Airport Joint Operation Agreement between Spokane County and the City of Spokane. Larry Krauter, Todd Woodard, Brian Werst RES 2019-0087 Supporting the use of contingency reserves to substantially reduce Spokane individuals who are unhoused by supporting basic needs services: including 24/7 low-barrier emergency shelters, warming centers, social workers who can refer individuals to mental health and substance abuse treatment and best-practice programs for Spokane residents facing homelessness. Council President Stuckart FIRST READING ORDINANCES ORD C35818 (To be considered under Hearings Item H1.b.) ORD C35819 (To be considered under Hearings Item H2.b.) ORD C35820 (To be considered under Hearings Item H3.b.) FURTHER ACTION DEFERRED NO SPECIAL CONSIDERATIONS
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SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, OCTOBER 7, 2019

HEARINGS (If there are items listed you wish to speak on, please sign your name on the sign-up sheets in the
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Chase Gallery.) RECOMMENDATION

H1. a. Hearing on vacation of a portion of unused right-of-ways southeast of the intersection of Cedar Road and Cheney-Spokane Road, as requested by Molly Kingston.

No additional detail provided

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b.
First Reading Ordinance C35818 vacating of a

No additional detail provided

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portion of unused right-of-ways southeast of the intersection of Cedar Road and Cheney- Spokane Road.

Eldon Brown Approve Subject to Conditions Further Action Deferred ORD C35818
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H2. a. Hearing on vacation of Alameda Court east of Center Court except the west 100 feet, as requested by Community Frameworks.

No additional detail provided

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b.
First Reading Ordinance C35819 vacating Alameda Court east of Center Court except the west 100 feet.

Eldon Brown Approve Subject to Conditions Further Action Deferred ORD C35819

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H3. a. Hearing on vacation of Cataldo Avenue and a portion of Dean Avenue between Washington and Howard Streets, as requested by Spokane Public Facilities District.

No additional detail provided

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b.
First Reading Ordinance C35820 vacating

No additional detail provided

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Cataldo Avenue and a portion of Dean Avenue between Washington and Howard Streets.

Eldon Brown Approve Subject to Conditions Further Action Deferred ORD C35820 Motion to Approve Advance Agenda for October 7, 2019 (per Council Rule 2.1.2) OPEN FORUM (CONTINUED) This is an opportunity for citizens to discuss items of interest not relating to the Current or Advance Agendas nor relating to political campaigns/items on upcoming election ballots. This Forum shall be for a period of time not to exceed thirty minutes. After all the matters on the Agenda have been acted on, unless it is 10:00 p.m. or later, the open forum shall continue for a period of time not to exceed thirty minutes. Each speaker will be limited to three minutes, unless otherwise deemed by the Chair. If you wish to speak at the forum, please sign up on the sign-up sheet located in the Chase Gallery.

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SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, OCTOBER 7, 2019

Note: No person shall be permitted to speak at Open Forum more often than once per month (Council Rule 2.2.E).
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ADJOURNMENT The October 7, 2019, Regular Legislative Session of the City Council is adjourned to October 14, 2019.

NOTES Agenda Sheet for City Council Meeting of: 10/07/2019

Date Rec d 9/11/2019 Clerk s File OPR 2019-0809 Renews

Submitting Dept WATER HYDROELECTRIC SERVICES Cross Ref Contact Name/Phone SETH MCINTOSH 625-7804 Project Contact E-Mail SMCINTOSH@SPOKANECITY.ORG Bid 5158-19 Agenda Item Type Purchase w/o Contract Requisition RE 19314 Agenda Item Name 4100 - PIT LAUNCH DIRECTIONAL DRILL Agenda Wording Purchase of a McLaughlin MCL-10H Pit Launched Directional Drill with Digital Control F2 Locating System from Vermeer Rocky Mountain (Spokane, WA) for 82,311.89 including tax. Summary (Background) Request for Quote 5158-19 for a Pit Launch Directional Drill was issued on August 27, 2019 through the City's electronic bidding portal. Two quotes were received by the closing deadline on September 10, 2019. Award is correspondingly recommended to Vermeer Rocky Mountain as the low responsive, responsible bidder. Fiscal Impact Grant related? NO Budget Account Public Works? NO Expense 82,311.89 4100-42490-94000-56401-99999 Select Select Select Approvals Council Notifications Dept Head KEGLEY, DANIEL Study Session Division Director SIMMONS, SCOTT M. Other PIES 9/23/2019 Finance ALBIN-MOORE, ANGELA Distribution List Legal DALTON, PAT sjohnson@spokanecity.org For the Mayor ORMSBY, MICHAEL Additional Approvals Purchasing WAHL, CONNIE Briefing Paper

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Public Infrastructure, Environment, Sustainability Committee Division Department: Public Works, 4100 Water Hydroelectric Services

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Subject: Pit Launch Directional Drill

Date: 23 September 2019 Author (email phone): Dan Kegley, dkegley@spokanecity.org, x7821

City Council Sponsor:

Executive Sponsor: Scott Simmons, Director Public Works Committee(s) Impacted: PIES

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Type of Agenda item: Consent Discussion Strategic Initiative

Alignment: (link agenda item to guiding document i.e., Master Plan, Budget , Comp Plan, Policy, Charter, Strategic Plan) Funding for this purchase is available in the Water Hydroelectric Services department budget. Strategic Initiative: Innovative Infrastructure Deadline: Purchase of this equipment coincides with funds already approved in this year s capital budget.
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Outcome: (deliverables, delivery duties, milestones to meet)

This equipment will expand the functional and efficient installation of water services throughout the City of Spokane.

Background/History: Request for Quote 5158-19 for a Pit Launch Directional Drill was issued on August 27, 2019 through the City s electronic bidding portal. Two quotes were received by the closing deadline on September 10, 2019. Award is correspondingly recommended to Vermeer Rocky Mountain (Spokane, WA) as the low responsive, responsible bidder.

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Executive Summary:

Purchase recommended from Vermeer Rocky Mountain (Spokane, WA) for 82,311.89 including tax Budget Impact: Approved in current year budget? Yes No Annual/Reoccurring expenditure? Yes No If new, specify funding source: N/A Other budget impacts: N/A
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Operations Impact: Consistent with current operations/policy? Yes No Requires change in current operations/policy? Yes No Specify changes required: N/A Known challenges/barriers: N/A

Agenda Sheet for City Council Meeting of: 10/07/2019

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Date Rec d 9/10/2019 Clerk s File OPR 2017-0528 Renews

No additional detail provided

Submitting Dept ENGINEERING SERVICES Cross Ref Contact Name/Phone MARK

625-6154 Project 2010088
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Contact E-Mail MSERBOUSEK@SPOKANECITY.ORG Bid Agenda Item Type Contract Item Requisition CR 20973 Agenda Item Name 0370 CONTRACT AMENDMENT - BERNARDO WILLS ARCHITECTS Agenda Wording

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This Contract Amendment with Cost No. 2 is for anticipated fees to complete construction phase services for CSO Basin 26 Control Facility project.

No additional detail provided

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Summary (Background)

The Bernardo Wills agreement for construction phase services needs to be increased by 25,160.00 to provide services through the final stage of construction and submittal review. We will continue to require construction support services through the end of the project. Fiscal Impact Grant related? NO Budget Account Public Works? YES Expense 25,160.00 4250-98817-94000-56601-10026 Select Select Select Approvals Council Notifications Dept Head TWOHIG, KYLE Study Session Division Director SIMMONS, SCOTT M. Other PIE 9/23/19 Finance ORLOB, KIMBERLY Distribution List Legal PICCOLO, MIKE eraea@spokanecity.org For the Mayor ORMSBY, MICHAEL publicworksaccounting@spokanecity.org Additional Approvals kgoodman@spokanecity.org Purchasing PRINCE, THEA htrautman@spokanecity.org aduffey@spokanecity.org mserbousek@spokanecity.org Briefing Paper PIES Committee
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Division Department: Engineering Services; Public Works Subject: Approve funding for CSO 26 Construction Management Support

Date: 9/23/2019 Contact (email phone): Mark Serbousek (mmserbousek@spoknecity.org) 625-6154 City Council Sponsor: Executive Sponsor: Scott Simmons Committee(s) Impacted: PIES Type of Agenda item: Consent Discussion Strategic Initiative Alignment: (link agenda item to guiding document i.e., Master Plan, Budget , Comp Plan, Policy, Charter, Strategic Plan)

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This project is in the 6 year street/utility plan and the CSO Reduction Program

Strategic Initiative: Innovative Infrastructure Deadline: Outcome: (deliverables, delivery duties, milestones to meet)

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This budget will provide for consulting services from the Architectural company (BWA) for construction support during project construction.

Background/History: Bernardo Wills Architects are the architect firm of record for the plaza on top of CSO 26 tank. There were remaining funds available in the architectural contract to pay for the design construction support through September 2019. Due to extended construction time needed for the completion of tank structure, the plaza on top of the tank necessitated an extended construction period. Additional funds are needed for continued construction activities through the end of December 2019.
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Executive Summary:

The CSO 26 Control Facility project has been under construction since February 2017 and will be substantially completed by the end of 2019.
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Initial utility relocates are complete, most of the large pipe has been installed, and the tank structure is nearly completed.

Shoring and excavation for the flow control chamber is ongoing in Lincoln Street while surface finishes are being completed and installed for the plaza above the tank.

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BWA has been providing both construction support as well as coordination of the various disciplines working on the plaza components of the facility.

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Additional coordination and an extended duration necessitate additional funds for their services to complete the project.

Estimated cost of these architectural services are 26,000. This is an estimate with payment made on a time and materials basis. This is a request to amend the contract to add 26,000 and extend the contract through the end of December 2019. This project is funded by a DOE loan and Green Bonds. Budget Impact: Approved in current year budget? Yes No N/A Annual/Reoccurring expenditure? Yes No N/A If new, specify funding source:

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Other budget impacts: (revenue generating, match requirements, etc.) Operations Impact: Consistent with current operations/policy? Yes No N/A Requires change in current operations/policy? Yes No N/A Specify changes required: Known challenges/barriers:

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1
City Clerk's No. OPR 2017-0528 Engineering Project No. 2010088

THIS CONTRACT AMENDMENT is between the CITY OF SPOKANE, a Washington State municipal corporation, as ( City ), and BERNARDO WILLS ARCHITECTS, whose address is 153 South Jefferson Street, Spokane, WA 99201 as ( Consultant ). Individually hereafter referenced as a party , and together as the parties WHEREAS, the parties entered into a Contract wherein the Consultant agreed to ASSIST THE CITY THROUGH THE BIDDING AND CONSTRUCTION OF THE CSO BASIN 26 CONTROL FACILITY PROJECT; and WHEREAS, REASON FOR AMENDMENT; ANTICIPATE FEE TO COMPLETE CONSTRUCTION PHASE SERVICES FOR THE ABOVE PROJECT. -- Now, Therefore, the parties agree as follows:
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1.
DOCUMENTS. The original Contract dated July 18, 2017, any previous amendments and/or extensions/renewals thereto are incorporated by reference into this document as though written in full and shall remain in full force and effect except as provided herein.

No additional detail provided

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2.
EFFECTIVE DATE. This Contract Amendment shall become effective July 22, 2019.

No additional detail provided

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3.
AMENDMENT. Section Contract section being amended of the contract documents is amended to read as follows:

No additional detail provided

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ANTICIPATED FEES TO COMPLETE CONSTRUCTION PHASE SERVICES FOR THE ABOVE PROJECT.

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4.
COMPENSATION. The City shall pay Consultant a maximum amount not to exceed TWENTY FIVE THOUSAND ONE HUNDRED SIXTY AND 00/100 DOLLARS, ( 25,160.00) for everything furnished and done under this Contract Amendment.

No additional detail provided

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City of Spokane

CONTRACT AMENDMENT WITH COSTS 2

No additional detail provided

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CSO Basin 26 Control Facility

No additional detail provided

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2
IN WITNESS WHEREOF, in consideration of the terms, conditions and covenants contained, or attached and incorporated and made a part, the parties have executed this Contract Amendment by having legally-binding representatives affix their signatures below.

BERNARDO WILL ARCHITECTS CITY OF SPOKANE By By Signature Date Signature Date Dell Hatch Print Name Print Name Principal Title Title
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dhatch@bwarch.com E-Mail Address

No additional detail provided

Attest: Approved as to form:

City Clerk Date Assistant City Attorney

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Attachments that are part of this Agreement: ATTACHMENT A: CONSULTANTS SCOPE OF WORK

19-od Agenda Sheet for City Council Meeting of: 10/07/2019
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Date Rec d 9/25/2019 Clerk s File OPR 2019-0810 Renews

Submitting Dept CITY ATTORNEY Cross Ref Contact Name/Phone MIKE ORMSBY 6287 Project Contact E-Mail MORMSBY@SPOKANECITY.ORG Bid Agenda Item Type Contract Item Requisition Agenda Item Name 0500 SPECIAL COUNSEL CONTRACT Agenda Wording

Tagged Passions:rfp, RFP, legal, and contract

Contract with the firm of Keller Rohrback, LLP, of Seattle, Washington, to provide legal services in conjunction with recovery efforts for damages from the manufacturers and distributors of opioid based prescriptions.

Tagged Passions:drugs, legal, contract, services, and opioid abuse

Summary (Background)

The City Council requested that City Legal look at whether or not the City should participate in litigation against opioid based pharmaceutical manufactures and distributors. The City Attorney communicated to the Mayor and City Council the recommendation to join in the litigation. This action item authorizes the retention of outside counsel. Fiscal Impact Grant related? NO Budget Account Public Works? NO Neutral Select Select Select Approvals Council Notifications Dept Head PICCOLO, MIKE Study Session 10/7/19 Division Director Other Finance HUGHES, MICHELLE Distribution List Legal DALTON, PAT dmensher@kellerrohrback.com For the Mayor ORMSBY, MICHAEL nodle@spokanecity.org Additional Approvals amcdaniel@spokanecity.org Purchasing sdhansen@spokanecity.org ATTORNEY ENGAGEMENT CONTINGENCY FEE AGREEMENT
Tagged Passions:grant, finance, council, legal, budget, purchasing, Public Works, public works, and opioid abuse

Keller Rohrback L.L.P. 1201 Third Avenue, Suite 3200

Seattle, WA 98101 (206) 623-1900

Page 1 of 4 ATTORNEY ENGAGEMENT CONTINGENCY FEE AGREEMENT

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It is HEREBY ACKNOWLEDGED AND AGREED by and between the City of Spokane ( Client ) and Keller Rohrback L.L.P. ( Attorneys or Firm ) (together, the Parties ) as follows:

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1.
Employment. Client hereby retains Attorneys to represent Client with respect to

potential claims against the manufacturers and wholesalers of prescription opioid painkillers and other related defendants as agreed between Client and Attorneys. Attorneys will assist Client in gathering information and data relevant to Client s potential claims. Attorneys will also advise Client with respect to those potential claims. At Client s request, Attorneys will institute proceedings to seek remedies on Client s behalf as Client and Attorneys conclude is appropriate and advisable ( the Lawsuit ).

Tagged Passions:drugs, legal, employment, and opioid abuse

2.
Responsibility of Attorneys. Although the individual attorneys listed below will be primarily responsible to represent Client in this matter, other members of Keller Rohrback may work on Client matters in accordance with their areas of practice. The primary attorneys representing Client are Derek Loeser, David Ko, and Daniel Mensher. Attorneys will consult with Client in connection with any settlement proposal before accepting same.

No additional detail provided

Tagged Passions:legal and settlement

If Attorneys become aware of any potential conflicts of interest between the Client and any other client of the Firm in the opioid litigation either prior to Attorneys commencing service for Client or during the course of litigation, Attorneys will immediately provide Client with all necessary information regarding the potential conflict.

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3.
Responsibility of Client. Client will maintain control of the litigation. Client agrees to timely comply with Attorneys request. Client agrees to advise Attorneys of all facts, knowledge, or information relevant to Attorneys representation of Client, including facts, knowledge, or information which come to Client s attention after execution of this Agreement.

Client is aware that Attorneys represent several other jurisdictions in Washington State involved in similar litigation.

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4.
Client Representatives. Client designates _____________________ to be the Client s Representatives. The Client s Representatives are responsible for receiving all communications from Attorneys and transmitting all communications from Client to Attorneys. Client agrees that Attorneys may rely on either of Client s Representatives statements as an accurate reflection of Client s position and desires. Attorneys agree to keep the Client s Representatives informed of all significant developments regarding the representation.

ATTORNEY ENGAGEMENT CONTINGENCY FEE AGREEMENT

Tagged Passions:legal, development, Development, communications, and Communications

Keller Rohrback LLP 1201 Third Avenue, Suite 3200

Seattle, WA 98101 Page 2 of 4

5.
Attorneys Fees. Other than as set forth in Paragraph 8, below, the fees that Client agrees to pay Attorneys ( Attorneys Fee or Attorneys Fees ) will depend on the outcome of the Lawsuit, as set forth here:

No additional detail provided

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a.
Sums Recovered means all monies (and the value of any other property) actually paid in settlement of or judgment on the Lawsuit s claims (including the settlement of any demand made by Attorneys on Client s behalf before initiation of the Lawsuit), including any monies paid in settlement or judgment as an award of attorneys fees, costs, or interest.

No additional detail provided

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b.
If the Sums Recovered is an amount less than or equal to 10 million, the

Attorneys Fee shall be 20 of the recovery;

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c.
If the Sums Recovered is an amount greater than 10 million but less than or equal to 20 million, the Attorneys Fee shall equal the amount specified in Section 5(b) above, plus 18 of any Sums Recovered in the 10 million to 20 million range.

No additional detail provided

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d.
If the Sums Recovered is an amount greater than 20 million but less than or

equal to 25 million, the Attorneys Fee shall equal the amount specified in Sections 5(b) and 5(c) above, plus 15 of any Sums Recovered in the 20 million to 25 million range.

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e.
If the Sums Recovered is an amount in excess of 25 million, the Attorneys Fee

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shall equal the amount specified in Sections 5(b), 5(c), and 5(d) above, plus 10 of any Sums Recovered in excess of 25 million.

f.
If the Lawsuit proceeds to trial and the court awards Client a monetary judgment and an attorneys fee, and the attorneys fee is greater than the percentage Attorneys would be entitled to under Section 5(a)-(e), then Attorneys will be entitled to the full attorneys fee awarded by the Court.

NO ATTORNEYS FEES SHALL BE PAID IF NO RECOVERY IS MADE.
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6.
Advice Concerning Attorneys Fee. Client has been informed of the alternative of employing Attorneys on an hourly fee basis. This alternative would require the payment of a 25,000 retainer at commencement of the representation, payment of costs as incurred, and payment of legal fees each month for legal services. In deciding to engage Attorneys on a contingency fee basis, Client has considered the risks involved in this case, the experience and reputation of Attorneys, and the uncertainty regarding the number of hours required to prosecute the case.

ATTORNEY ENGAGEMENT CONTINGENCY FEE AGREEMENT

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Keller Rohrback LLP 1201 Third Avenue, Suite 3200

Seattle, WA 98101 Page 3 of 4

7.
Costs. Attorneys will advance all out-of-pocket costs, fees, and expenses incurred by Attorneys in pursuing the Lawsuit ( Costs ). Notwithstanding the foregoing, Attorneys agree to notify and obtain Client s consent before incurring Costs aggregating more than 10,000 in any single month.

Client understands that Attorneys shall seek reimbursement from defendants for all Costs actually expended, but that there is no guarantee that Costs will be reimbursed by the defendants to Attorneys. Attorneys will be reimbursed for all Costs out of any settlement or recovery in addition to any Attorneys Fees they receive under Sections 5 or 8, as the case may be. Attorneys shall be reimbursed for Costs first, from any monies paid by a defendant on account of Cost reimbursement and, if such monies are insufficient, from any monies paid as part of the Sums Recovered. Attorneys may, with Client s prior consent which shall not unreasonably be withheld, hire any expert or consultant whose services Attorneys advises Client is necessary for the evaluation or prosecution of any of the claims within the scope of the Lawsuit. 8. Withdrawal or Discharge. Subject to Court rules and other applicable laws, Attorneys shall have the right to withdraw from representation of Client upon giving reasonable notice of the intention to withdraw. In the event of withdrawal of Attorneys or discharge of Attorneys by Client, Attorneys may seek reasonable fees for services rendered according to the terms of Section 5, above. Client shall have the right to discharge Attorneys at any time. If Client discharges Attorneys, Attorneys retain the right to seek reasonable fees for services rendered according to the terms of Section 5, above.

Tagged Passions:legal, services, events, settlement, and court

9.
Venue and Attorneys Fees. The Parties agree that in the event any dispute should arise with respect to this Agreement, venue shall lie in Seattle, Washington. Further, the prevailing party in such an action shall be awarded reasonable costs and attorneys fees.

No additional detail provided

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10.
Outcome. Attorneys do not guarantee or represent a particular result in this Lawsuit. Client understands the risks associated with pursuing this Lawsuit.

No additional detail provided

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11.
No Other Agreements. Client has read this contract, has received a copy of it, and agrees to its terms and conditions. There are no oral or other agreements between Client and Attorneys. This Agreement when signed below by Client replaces any prior understandings or oral agreement between Client and Attorneys.

No additional detail provided

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12.
Governing Law. This Agreement and all aspects of the Parties relationship shall be construed under the laws of the State of Washington, without regard to choice of law principles.

ATTORNEY ENGAGEMENT CONTINGENCY FEE AGREEMENT

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Keller Rohrback LLP 1201 Third Avenue, Suite 3200

Seattle, WA 98101 Page 4 of 4

13.
Other Provisions. This Agreement may be executed in one or more counterparts and transmitted by mail, overnight delivery service, and/or email, each one of which shall constitute an original and all of which shall constitute one and the same document.

DATED: _____________________ ______________________________ CLIENT SIGNATURE

______________________________ CLIENT NAME PRINTED

ACCEPTED: Keller Rohrback L.L.P.

By: __________________________ DATED: __________________________ Agenda Sheet for City Council Meeting of: 10/07/2019

Date Rec d 9/25/2019

Clerk s File OPR 2019-0811 Renews Submitting Dept PLANNING Cross Ref Contact Name/Phone LOUIS MEULER 625-6096 Project Contact E-Mail LMEULER@SPOKANECITY.ORG Bid

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Agenda Item Type Contract Item Requisition CR 21010

No additional detail provided

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Agenda Item Name 0650 - WSDOT TRENT BRIDGE REPLACEMENT - CONDUIT AGREEMENT

Agenda Wording Agreement with WSDOT, for WSDOT to have conduit installed for City use on the Trent Street Bridge replacement project.

Tagged Passions:streets

Summary (Background)

The Trent Avenue Bridge is being replaced by WSDOT. This agreement is for conduit for City use to be

installed as a part of the Trent Avenue Bridge replacement project.

Fiscal Impact Grant related? NO Budget Account Public Works? YES Expense 117,652 5310-73100-94000-56305-99999 Select Select Select
Tagged Passions:grant, budget, Public Works, and public works

Approvals Council Notifications Dept Head FINCH, ERIC Study Session Division Director WORDELL, DAN Other PIES 8/26/19 Finance ORLOB, KIMBERLY Distribution List Legal PICCOLO, MIKE Accounting - ywang@spokanecity.org For the Mayor COTE, BRANDY Contract Accounting - aduffey@spokanecity.org Additional Approvals Legal - modle@spokanecity.org

Purchasing Purchasing - cwahl@spokanecity.org IT - itadmin@spokanecity.org Tax Licenses lmeuler@spokanecity.org

Tagged Passions:finance, council, legal, taxes, Taxes, contract, purchasing, and license

Continuation of Wording, Summary, Budget, and Distribution

Agenda Wording
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Summary (Background)

Fiscal Impact Budget Account Select Select Distribution List tsanders@spokanecity.org kkeck@spokanecity.org sbishop@spokanecity.org smsimmons@spokanecity.org kmiller@spokanecity.org Briefing Paper Division Department: I.T. Department Subject: WSDOT Trent Bridge Replacement Conduit Agreement Date: Council Meeting of Oct. 7th, 2019 Contact (email phone): Louis Meuler,lmeuler@spokanecity.org, 625-6096 City Council Sponsor: Executive Sponsor: Michael Sloon, I.T. Director Committee(s) Impacted: Public Infrastructure, Environment and Sustainability Committee Type of Agenda item: Consent Discussion Strategic Initiative Alignment: (link agenda item to guiding document i.e., Master Plan, Budget , Comp Plan, Policy, Charter, Strategic Plan)
Tagged Passions:strategic, budget, Conservation, environment, policy, and sustainability

Strategic Initiative: Sustainable Resources Sustainable practices; Innovative Infrastructure - Sustainability

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Deadline: Council approval for Oct. 7th, 2019 Outcome: (deliverables, delivery duties, milestones to meet)

Council approval of the Construction Agreement UTB 1379 with WSDOT, that provides for the construction of conduit for City use on the Trent Street Bridge replacement project. Background/History: The Trent Avenue Bridge is being replaced by WSDOT. This agreement is for conduit for City use to be installed as a part of the Trent Avenue Bridge replacement project. Trent Bridge Replacement project website: https://www.wsdot.wa.gov/Projects/SR290/trentbridge/default.htm Executive Summary: Agreement with WSDOT, for WSDOT to have conduit installed for City use on the Trent Street

Tagged Passions:construction, council, streets, and history

Bridge replacement project. Engineering estimated shared cost to the City for project is = 117,652.00

Budget Impact: Approved in current year budget? Yes No N/A Annual/Reoccurring expenditure? Yes No N/A If new, specify funding source: WSDOT Trent Bridge Replacement Project Other budget impacts: (revenue generating, match requirements, etc.) Operations Impact: Consistent with current operations/policy? Yes No N/A Requires change in current operations/policy? Yes No N/A Specify changes required: Known challenges/barriers: Agenda Sheet for City Council Meeting of: 10/07/2019
Tagged Passions:funding, budget, and policy

Date Rec d 8/19/2019 Clerk s File OPR 2019-0812 Renews

No additional detail provided

Submitting Dept WASTEWATER MANAGEMENT Cross Ref Contact Name/Phone DAN KEGLEY 625-7821 Project Contact E-Mail DKEGLEY@SPOKANECITY.ORG Bid 5115-19 Agenda Item Type Contract Item Requisition CR 20858 Agenda Item Name 4100/4310/4330 - RATE STRUCTURE ANALYSIS - WATER, SEWER,

Tagged Passions:rfp, RFP, sewer, utility, Utility, contract, and water

STORMWATER Agenda Wording Contract for rate structure analysis of the Water, Sewer, and Stormwater utilities by FCS Group (Redmond, WA) not to exceed 260,000.00 annually including tax.

Summary (Background) Award is recommended to FCS Group to provide an ongoing rate structure analysis for the Water, Sewer, and Stormwater utilities. More than 60 contacts were notified on July 3, 2019 through IRFP 5115-19 and two proposals were received by the closing deadline on July 24, 2019. Award is recommended to FCS in light of their extensive experience in this field. The initial contract will be for a three-year term, with optional renewals not to exceed two additional three-year terms at mutual consent. Fiscal Impact Grant related? NO Budget Account Public Works? NO Expense 86,667.00 4100-30210-34141-54201-99999 Expense 86,667.00 4310-30210-35141-54201-99999 Expense 86,666.00 4330-30210-35141-54201-99999 Select Approvals Council Notifications Dept Head KEGLEY, DANIEL Study Session Division Director SIMMONS, SCOTT M. Other PIES 8/26/19 Finance ALBIN-MOORE, ANGELA Distribution List Legal DALTON, PAT Angie Sanchez Virnoche - angies@fcsgroup.com For the Mayor ORMSBY, MICHAEL jasonm@fcsgroup.com Additional Approvals dkegley@spokanecity.org Purchasing WAHL, CONNIE sjohnson@spokanecity.org Tax Licenses seweraccounting@spokanecity.org aduffey@spokanecity.org
Tagged Passions:grant, finance, council, legal, sewer, budget, taxes, Taxes, utility, Utility, contract, water, purchasing, Public Works, public works, license, and stormwater

1
City Clerk's OPR _______________

This Consultant Agreement is made and entered into by and between the CITY OF

SPOKANE as ( City ), a Washington municipal corporation, and FINANCIAL CONSULTING SOLUTIONS, d/b/a FCS GROUP, whose address is 7525 166th Avenue NE, Suite D-215, Redmond, Washington 98052 as ( Consultant ), individually hereafter referenced as a party , and together as the parties . WHEREAS, the purpose of this Agreement is to perform a Rate Structure Analysis of the City s water, sewer and stormwater utility rates; and WHEREAS, the Consultant was selected from a Request for Proposals/Qualifications No. 5115-19 Utility Billing Rate Study.

Tagged Passions:finance, sewer, utility, Utility, services, water, rates, and stormwater

-- NOW, THEREFORE, in consideration of the terms, conditions, covenants and performance of the Scope of Work contained herein, the City and Consultant mutually agree as follows:

1. TERM OF AGREEMENT. The term of this Agreement begins on October 1, 2019, and ends on September 30, 2022, unless amended by written agreement or terminated earlier under the provisions. This Contract may be renewed by written agreement of the parties not to exceed two additional three year renewals.

Tagged Passions:contract, services, and performance

2.
TIME OF BEGINNING AND COMPLETION. The Consultant shall begin the work outlined in the Scope of Work ( Work ) on the beginning date, above. The City will acknowledge in writing when the Work is complete. Time limits established under this Agreement shall not be extended because of delays for which the Consultant is responsible, but may be extended by the City, in writing, for the City s convenience or conditions beyond the Consultant s control.

3. SCOPE OF WORK. The General Scope of Work for this Agreement is described in Exhibit B, Consultant s Proposal dated July 24, 2019, and Exhibit C, Consultant s Memorandum dated August 13, 2019, which are attached to and made a part of this Agreement. In the event of a conflict or discrepancy in the contract documents, the City Agreement controls.

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City of Spokane

CONSULTANT AGREEMENT
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Title: RATE STRUCTURE ANALYSIS

2
The Work is subject to City review and approval. The Consultant shall confer with the City periodically, and prepare and present information and materials (e.g. detailed outline of completed Work) requested by the City to determine the adequacy of the Work or Consultant s progress.

Tagged Passions:materials and services

4.
COMPENSATION. Total compensation for Consultant s services under this Agreement shall be a maximum annual amount not exceed TWO HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS ( 260,000.00), including tax, if applicable, unless modified by a written amendment to this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section 3 above, and shall not be exceeded without the prior written authorization of the City in the form of an executed amendment to this Agreement.

No additional detail provided

Tagged Passions:compensation, taxes, Taxes, and services

5.
PAYMENT. The Company shall submit its applications for payment to Wastewater Maintenance, 909 East Sprague Avenue, Spokane, Washington 99202 or to seweraccounting@spokanecity.org. Payment will be made via direct deposit/ACH within thirty (30) days after receipt of the Company's application except as provided by state law. If the City objects to all or any portion of the invoice, it shall notify the Company and pay that portion of the invoice not in dispute. In that event, the parties shall immediately make every effort to settle the disputed amount.

No additional detail provided

Tagged Passions:sewer and events

6.
REIMBURSABLES The reimbursables under this Agreement are to be included, and considered part of the maximum amount not to exceed (above), and require the Consultant s submittal of appropriate documentation and actual itemized receipts, the following limitations apply.

No additional detail provided

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A.
City will reimburse the Consultant at actual cost for expenditures that are pre-approved by the City in writing and are necessary and directly applicable to the work required by this Contract provided that similar direct project costs related to the contracts of other clients are consistently accounted for in a like manner. Such direct project costs may not be charged as part of overhead expenses or include a markup. Other direct charges may include, but are not limited to the following types of items: travel, printing, cell phone, supplies, materials, computer charges, and fees of subconsultants.

B. The billing for third party direct expenses specifically identifiable with this project shall be an itemized listing of the charges supported by copies of the original bills, invoices, expense accounts, subconsultant paid invoices, and other supporting documents used by the Consultant to generate invoice(s) to the City. The original supporting documents shall be available to the City for inspection upon request. All charges must be necessary for the services provided under this Contract.

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C.
The City will reimburse the actual cost for travel expenses incurred as evidenced by copies of receipts (excluding meals) supporting such travel expenses, and in accordance with the City of Spokane Travel Policy, details of which can be provided upon request.

D. Airfare: Airfare will be reimbursed at the actual cost of the airline ticket. The City will reimburse for Economy or Coach Fare only. Receipts detailing each airfare are required. E. Meals: Meals will be reimbursed at the Federal Per Diem daily meal rate for the city in which the work is performed. Receipts are not required as documentation. The invoice shall state the meals are being billed at the Federal Per Diem daily meal rate , and shall detail how many of each meal is being billed (e.g. the number of breakfasts, lunches, and dinners). The City will not reimburse for alcohol at any time.
Tagged Passions:alcohol, airport, travel, policy, and economy

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F. Lodging: Lodging will be reimbursed at actual cost incurred up to a maximum of the published General Services Administration (GSA) Index for the city in which the work is performed (the current maximum allowed reimbursement amount can be provided upon request). Receipts detailing each day / night lodging are required. The City will not reimburse for ancillary expenses charged to the room (e.g. movies, laundry, mini bar, refreshment center, fitness center, sundry items, etc.)

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G.
Vehicle mileage: Vehicle mileage will be reimbursed at the Federal Internal Revenue Service Standard Business Mileage Rate in affect at the time the mileage expense is incurred. Please note: payment for mileage for long distances traveled will not be more than an equivalent trip round-trip airfare of a common carrier for a coach or economy class ticket.

No additional detail provided

Tagged Passions:business, travel, and economy

H.
Rental Car: Rental car expenses will be reimbursed at the actual cost of the rental. Rental car receipts are required for all rental car expenses. The City will reimburse for a standard car of a mid-size class or less. The City will not reimburse for ancillary expenses charged to the car rental (e.g. GPS unit).

No additional detail provided

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I.
Miscellaneous Travel (e.g. parking, rental car gas, taxi, shuttle, toll fees, ferry fees, etc.): Miscellaneous travel expenses will be reimbursed at the actual cost incurred. Receipts are required for each expense of 10.00 or more.

No additional detail provided

Tagged Passions:travel, Public Transit, rental, ride sharing and hailing, ferry, FERRY, and parking

J.
Miscellaneous other business expenses (e.g. printing, photo development, binding): Other miscellaneous business expenses will be reimbursed at the actual cost incurred and may not include a markup. Receipts are required for all miscellaneous expenses that are billed.

Subconsultant: Subconsultant expenses will be reimbursed at the actual cost incurred and a four percent (4 ) markup. Copies of all Subconsultant invoices that are rebilled to the City are required.

Tagged Passions:business, development, and Development

7.
TAXES, FEES AND LICENSES. A. Consultant shall pay and maintain in current status, all necessary licenses, fees,

assessments, permit charges, etc. necessary to conduct the work included under this Agreement. It is the Consultant s sole responsibility to monitor and determine changes or the enactment of any subsequent requirements for said fees, assessments, or changes and to immediately comply.

Tagged Passions:taxes, Taxes, services, and license

B.
Where required by state statute, ordinance or regulation, Consultant shall pay and maintain in current status all taxes necessary for performance. Consultant shall not charge the City for federal excise taxes. The City will furnish Consultant an exemption certificate where appropriate.

No additional detail provided

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C.
The Director of Finance and Administrative Services may withhold payment pending satisfactory resolution of unpaid taxes and fees due the City.

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D.
The cost of any permits, licenses, fees, etc. arising as a result of the projects included in this Agreement shall be included in the project budgets.

No additional detail provided

Tagged Passions:budget and license

8.
CITY OF SPOKANE BUSINESS LICENSE. Section 8.01.070 of the Spokane Municipal Code states that no person may engage in business with the City without first having obtained a valid annual business registration. The Consultant shall be responsible for contacting the State of Washington Business License Services at http://bls.dor.wa.gov or 1-800-451-7985 to obtain a business registration. If the Contractor does not believe it is required to obtain a business registration, it may contact the City s Taxes and Licenses Division at (509) 625-6070 to request an exemption status determination.

No additional detail provided

Tagged Passions:business, taxes, Taxes, services, license, business license, and housing

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9. SOCIAL EQUITY REQUIREMENTS. No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this Agreement because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation including gender expression or gender identity, national origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, or use of a service animal by a person with disabilities. Consultant agrees to comply with, and to require that all subcontractors comply with, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, as applicable to the Consultant. Consultant shall seek inclusion of woman and minority business for subcontracting. A woman or minority business is one that self-identifies to be at least 51 owned by a woman and/or minority. Such firms do not have to be certified by the State of Washington.

No additional detail provided

Tagged Passions:business, disability, religion, discrimination, services, employment, military, and gender

10.
INDEMNIFICATION. The Consultant shall defend, indemnify, and hold the City and its officers and employees harmless from all claims, demands, or suits at law or equity asserted by third parties for bodily injury (including death) and/or property damage which arise from the Consultant s negligence or willful misconduct under this Agreement, including attorneys fees and litigation costs; provided that nothing herein shall require a Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based solely upon the negligence of the City, its agents, officers, and employees. If a claim or suit is caused by or results from the concurrent negligence of the Consultant s agents or employees and the City, its agents, officers and employees, this indemnity provision shall be valid and enforceable to the extent of the negligence of the Consultant, its agents or employees. The Consultant specifically assumes liability and agrees to defend, indemnify, and hold the City harmless for actions brought by the Consultant s own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the Washington State industrial insurance law, or Title 51 RCW. The Consultant recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. The indemnity and agreement to defend and hold the City harmless provided for in this section shall survive any termination or expiration of this agreement.

11. INSURANCE. During the period of the Agreement, the Consultant shall maintain in force at its own expense, each insurance noted below with companies or through sources approved by the State Insurance Commissioner pursuant to RCW Title 48; A. Worker's Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employer's Liability Insurance in the amount of 1,000,000;

Tagged Passions:compensation, recognition, legal, industrial, services, insurance, property, and compliance

B.
General Liability Insurance on an occurrence basis, with a combined single limit of not less than 1,000,000 each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under this agreement. It shall provide that the City, its officers and employees are additional insureds but only with respect to the Consultant's services to be provided under this Agreement; and

No additional detail provided

Tagged Passions:services, insurance, and property

C.
Automobile Liability Insurance with a combined single limit, or the equivalent of not less than 1,000,000 each accident for bodily injury and property damage, including coverage for owned, hired and non-owned vehicles.

No additional detail provided

Tagged Passions:transportation, insurance, and property

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D. Professional Liability Insurance with a combined single limit of not less than 1,000,000 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 Agreement. The coverage must remain in effect for at least two (2) years after the Agreement is completed.

There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without sixty (60) days written notice from the Consultant or its insurer(s) to the City. As evidence of the insurance coverage(s) required by this Agreement, the Consultant shall furnish acceptable Certificates of Insurance (COI) to the City at the time it returns this signed Agreement. The certificate shall specify the City of Spokane as Additional Insured specifically for Consultant s services under this Agreement, as well as all of the parties who are additional insureds, and include applicable policy endorsements, the sixty (60) day cancellation clause, and the deduction or retention level. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 12. DEBARMENT AND SUSPENSION. The Contractor has provided its certification that it is in compliance with and shall not contract with individuals or organizations which are debarred, suspended, or otherwise excluded from or ineligible from participation in Federal Assistance Programs under Executive Order 12549 and Debarment and Suspension , codified at 29 CFR part 98.
Tagged Passions:contract, services, program, insurance, compliance, and policy

13.
AUDIT. Upon request, the Consultant shall permit the City and any other governmental agency ( Agency ) involved in the funding of the Work to inspect and audit all pertinent books and records. This includes work of the Consultant, any subconsultant, or any other person or entity that performed connected or related Work. Such books and records shall be made available upon reasonable notice of a request by the City, including up to three (3) years after final payment or release of withheld amounts. Such inspection and audit shall occur in Spokane County, Washington, or other reasonable locations mutually agreed to by the parties. The Consultant shall permit the City to copy such books and records at its own expense. The Consultant shall ensure that inspection, audit and copying rights of the City is a condition of any subcontract, agreement or other arrangement under which any other persons or entity may perform Work under this Agreement.

14. INDEPENDENT CONSULTANT. A. The Consultant is an independent Consultant. This Agreement does not intend the Consultant to act as a City employee. The City has neither direct nor immediate control over the Consultant nor the right to control the manner or means by which the Consultant works. Neither the Consultant nor any Consultant employee shall be an employee of the City. This Agreement prohibits the Consultant to act as an agent or legal representative of the City. The Consultant is not granted express or implied rights or authority to assume or create any obligation or responsibility for or in the name of the City, or to bind the City. The City is not liable for or obligated to pay sick leave, vacation pay, or any other benefit of employment, nor to pay social security or other tax that may arise from employment. The Consultant shall pay all income and other taxes as due. The Consultant may perform work for other parties; the City is not the exclusive user of the services that the Consultant provides.

Tagged Passions:funding, grant, legal, taxes, Taxes, security, seniors, services, employment, and audit

B.
If the City needs the Consultant to Work on City premises and/or with City equipment, the City may provide the necessary premises and equipment. Such premises and equipment are exclusively for the Work and not to be used for any other purpose.

Tagged Passions:equipment and services

6
C. If the Consultant works on the City premises using City equipment, the Consultant remains an independent Consultant and not a City employee. The Consultant will notify the City Project Manager if s/he or any other Workers are within ninety (90) days of a consecutive 36-month placement on City property. If the City determines using City premises or equipment is unnecessary to complete the Work, the Consultant will be required to work from its own office space or in the field. The City may negotiate a reduction in Consultant fees or charge a rental fee based on the actual costs to the City, for City premises or equipment.

Tagged Passions:equipment, services, rental, property, and manager

15.
KEY PERSONS. The Consultant shall not transfer or reassign any individual designated in this Agreement as essential to the Work, nor shall those key persons, or employees of Consultant identified as to be involved in the Project Work be replaced, removed or withdrawn from the Work without the express written consent of the City, which shall not be unreasonably withheld. If any such individual leaves the Consultant s employment, the Consultant shall present to the City one or more individuals with greater or equal qualifications as a replacement, subject to the City s approval, which shall not be unreasonably withheld. The City s approval does not release the Consultant from its obligations under this Agreement.

16. ASSIGNMENT AND SUBCONTRACTING. The Consultant shall not assign or subcontract its obligations under this Agreement without the City s written consent, which may be granted or withheld in the City s sole discretion. Any subcontract made by the Consultant shall incorporate by reference this Agreement, except as otherwise provided. The Consultant shall require that all subconsultants comply with the obligations and requirements of the subcontract. The City s consent to any assignment or subcontract does not release the consultant from liability or any obligation within this Agreement, whether before or after City consent, assignment or subcontract.

Tagged Passions:grant, services, and employment

17.
CITY ETHICS CODE. A. Consultant shall promptly notify the City in writing of any person expected to be a Consultant

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Worker (including any Consultant employee, subconsultant, principal, or owner) and was a former City officer or employee within the past twelve (12) months.

No additional detail provided

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B.
Consultant shall ensure compliance with the City Ethics Code by any Consultant Worker when the Work or matter related to the Work is performed by a Consultant Worker who has been a City officer or employee within the past two (2) years.

No additional detail provided

Tagged Passions:services, compliance, and ethics

C.
Consultant shall not directly or indirectly offer anything of value (such as retainers, loans, entertainment, favors, gifts, tickets, trips, favors, bonuses, donations, special discounts, work or meals) to any City employee, volunteer or official that is intended, or may appear to a reasonable person to be intended, to obtain or give special consideration to the Consultant. Promotional items worth less than 25 may be distributed by the Consultant to a City employee if the Consultant uses the items as routine and standard promotional materials. Any violation of this provision may cause termination of this Agreement. Nothing in this Agreement prohibits donations to campaigns for election to City office, so long as the donation is disclosed as required by the election campaign disclosure laws of the City and of the State.

No additional detail provided

Tagged Passions:voting, donation, Donation, election, materials, services, and volunteer

18.
NO CONFLICT OF INTEREST. Consultant confirms that the Consultant or workers have no business interest or a close family relationship with any City officer or employee who was or will be involved in the consultant selection, negotiation, drafting, signing, administration or evaluation of the Consultant s work.

No additional detail provided

Tagged Passions:business, services, and selection

7
As used in this Section, the term Consultant includes any worker of the Consultant who was, is, or will be, involved in negotiation, drafting, signing, administration or performance of the Agreement. The term close family relationship refers to: spouse or domestic partner, any dependent parent, parent-in-law, child, son-in-law, daughter-in-law; or any parent, parent in-law, sibling, uncle, aunt, cousin, niece or nephew residing in the household of a City officer or employee described above.

No additional detail provided

Tagged Passions:services and performance

19.
ERRORS AND OMISSIONS, CORRECTIONS. Consultant is responsible for professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by or on the behalf of the Consultant under this Agreement in the delivery of a final work product. The standard of care applicable to Consultant s services will be the degree of skill and diligence normally employed by Consultants performing the same or similar services at the time said services are performed. The Final Work Product is defined as signed work product. Consultant, without additional compensation, shall correct or revise errors or mistakes immediately upon notification by the City. To the extent that the errors and mistakes are flaws in the Consultant s work product and not the result of changes to input, assumptions, or data. The obligation provided for in this Section regarding acts or omissions resulting from this Agreement survives Agreement termination or expiration.

No additional detail provided

Tagged Passions:compensation, services, and jail

20.
INTELLECTUAL PROPERTY RIGHTS. A. Copyrights. The Consultant shall retain the copyright (including the right of reuse) to all

materials and documents prepared by the Consultant for the Work, whether or not the Work is completed. The Consultant grants to the City a non-exclusive, irrevocable, unlimited, royalty-free license to use copy and distribute every document and all the materials prepared by the Consultant for the City under this Agreement. If requested by the City, a copy of all drawings, prints, plans, field notes, reports, documents, files, input materials, output materials, the media upon which they are located (including cards, tapes, discs, and other storage facilities), software program or packages (including source code or codes, object codes, upgrades, revisions, modifications, and any related materials) and/or any other related documents or materials developed solely for and paid for by the City to perform the Work, shall be promptly delivered to the City.

Tagged Passions:grant, materials, services, program, property, license, information technology, and Information Technology

B.
Patents: The Consultant assigns to the City all rights in any invention, improvement, or discovery, with all related information, including but not limited to designs, specifications, data, patent rights and findings developed with the performance of the Agreement or any subcontract. Notwithstanding the above, the Consultant does not convey to the City, nor does the City obtain, any right to any document or material utilized by the Consultant created or produced separate from the Agreement or was pre-existing material (not already owned by the City), provided that the Consultant has identified in writing such material as pre-existing prior to commencement of the Work. If pre-existing materials are incorporated in the work, the Consultant grants the City an irrevocable, non-exclusive right and/or license to use, execute, reproduce, display and transfer the pre-existing material, but only as an inseparable part of the work.

No additional detail provided

Tagged Passions:grant, materials, services, performance, and license

C.
The City may make and retain copies of such documents for its information and reference with their use on the project. The Consultant does not represent or warrant that such documents are suitable for reuse by the City or others, on extensions of the project or on any other project, and the City releases the Consultant from liability for any unauthorized reuse of such documents.

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8
21. CONFIDENTIALITY. Under Washington State Law RCW Chapter 42.56) all materials received or created by the City of Spokane are public records which are subject to review and copying pursuant to a public records request. These records include but are not limited to bid or proposal submittals, agreement documents, contract work product, and other bid material. Some records or portions of records may be legally exempt from disclosure and can be redacted or withheld. RCW Ch. 42.56 describes those exemptions. Consultant must familiarize themselves with state law and the City of Spokane s process for managing records.

The City will endeavor to redact anything that clearly should be redacted under the law. For example, the City will generally redact Social Security Numbers, tax records, and financial account numbers before records are made available to a requestor. Consultant may identify any materials Consultant believes to be not subject to release under the Public Records Act. City will not be bound by Consultant s determination of whether any particular record or records are legally exempt from release under the Public Records Act. If the City receives a public records request for records involving Consultant or Consultant s work product, City will release the records unless City determines that there are obvious exemptions or redactions (which City will make prior to release of the records). If City determines that there are exemptions that can be asserted only by Consultant, City will endeavor to notify Consultant and Consultant will be given ten days to obtain a Court order preventing the City from releasing the requested records. If no Court order is procured by Consultant, the City will release the requested records.
Tagged Passions:rfp, RFP, finance, legal, taxes, Taxes, security, contract, seniors, materials, services, public records, and court

22.
DISPUTES. Any dispute or misunderstanding that may arise under this Agreement, concerning the Consultant s performance, shall first be through negotiations, if possible, between the Consultant s Project Manager and the City s Project Manager. It shall be referred to the Director and the Consultant s senior executive(s). If such officials do not agree upon a decision within a reasonable period of time, either party may decline or discontinue such discussions and may then pursue the legal means to resolve such disputes, including but not limited to mediation, arbitration and/or alternative dispute resolution processes. Nothing in this dispute process shall mitigate the rights of the City to terminate the Agreement. Notwithstanding all of the above, if the City believes in good faith that some portion of the Work has not been completed satisfactorily, the City may require the Consultant to correct such work prior to the City payment. The City will provide to the Consultant an explanation of the concern and the remedy that the City expects. The City may withhold from any payment otherwise due, an amount that the City in good faith finds to be under dispute, or if the Consultant provides no sufficient remedy, the City may retain the amount equal to the cost to the City for otherwise correcting or remedying the work not properly completed. Waiver of any of these rights is not deemed a future waiver of any such right or remedy available at law, contract or equity.

No additional detail provided

Tagged Passions:legal, contract, services, performance, and manager

23.
TERMINATION. A. For Cause: The City or Consultant may terminate the Agreement if the other party is in

material breach of this Agreement, and such breach has not been corrected to the other party s reasonable satisfaction in a timely manner. Notice of termination under this Section shall be given by the party terminating this Agreement to the other, not fewer than thirty (30) business days prior to the effective date of termination.

Tagged Passions:business and services

9
B. For Reasons Beyond Control of Parties: Either party may terminate this Agreement without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party s reasonable control, such as, but not limited to, an act of nature, war or warlike operation, civil commotion, riot, labor dispute including strike, walkout or lockout, except labor disputes involving the Consultant s own employees, sabotage, or superior governmental regulation or control. Notice of termination under this Section shall be given by the party terminating this Agreement to the other, not fewer than thirty (30) business days prior to the effective date of termination.

C. For City s Convenience: The City may terminate this Agreement without cause and including the City s convenience, upon written notice to the Consultant. Notice of termination under this Section shall be given by the party terminating this Agreement to the other, not fewer than ninety (90) business days prior to the effective date of termination.
Tagged Passions:regulation, business, services, and performance

D.
Actions upon Termination: if termination occurs not the fault of the Consultant, the Consultant shall be paid for the services properly performed prior to the actual termination date, with any reimbursable expenses then due, but such compensation shall not exceed the maximum compensation to be paid under the Agreement. The Consultant agrees this payment shall fully and adequately compensate the Consultant and all subconsultants for all profits, costs, expenses, losses, liabilities, damages, taxes and charges of any kind (whether foreseen or unforeseen) attributable to the termination of this Agreement.

E. Upon termination, the Consultant shall provide the City with the most current design documents, contract documents, writings and other products the Consultant has produced to termination, along with copies of all project-related correspondence and similar items. The City shall have the same rights to use these materials as if termination had not occurred; provided however, that the City shall indemnify and hold the Consultant harmless from any claims, losses, or damages to the extent caused by modifications made by the City to the Consultant s work product.

Tagged Passions:compensation, taxes, Taxes, contract, materials, and services

24.
EXPANSION FOR NEW WORK. This Agreement scope may be expanded for new work. Any expansion for New Work (work not specified within the original Scope of Work Section of this Agreement, and/or not specified in the original RFP as intended work for the Agreement) must comply with all the following limitations and requirements: (a) the New Work is not reasonable to solicit separately; (b) the New Work is for reasonable purpose; (c) the New Work was not reasonably known either the City or Consultant at time of contract or else was mentioned as a possibility in the solicitation (such as future phases of work, or a change in law); (d) the New Work is not significant enough to be reasonably regarded as an independent body of work; (e) the New Work would not have attracted a different field of competition; and (f) the change does not vary the essential identified or main purposes of the Agreement. The City may make exceptions for immaterial changes, emergency or sole source conditions, or other situations required in City opinion. Certain changes are not New Work subject to these limitations, such as additional phases of Work anticipated at the time of solicitation, time extensions, Work Orders issued on an On-Call contract, and similar. New Work must be mutually agreed and issued by the City through written Addenda. New Work performed before an authorizing Amendment may not be eligible for payment.

No additional detail provided

Tagged Passions:rfp, RFP, expansion, contract, services, emergency, and solicitation

25.
MISCELLANEOUS PROVISIONS. A. Amendments: No modification of this Agreement shall be effective unless in writing and

signed by an authorized representative of each of the parties hereto.

10
B. Binding Agreement: This Agreement shall not be binding until signed by both parties. The provisions, covenants and conditions in this Agreement shall bind the parties, their legal heirs, representatives, successors and assigns.

C. Americans with Disabilities Act (ADA): Specific attention by the designer is required in association with the Americans with Disabilities Act (ADA) 42 U.S.C. 12101-12213 and 47 U.S.C. 225 and 611, its requirements, regulations, standards and guidelines, which were updated in 2010 and are effective and mandatory for all State and local government facilities and places of public accommodation for construction projects including alteration of existing facilities, as of March 15, 2012. The City advises that the requirements for accessibility under the ADA, may contain provisions that differ substantively from accessibility provisions in applicable State and City codes, and if the provisions of the ADA impose a greater or equal protection for the rights of individuals with disabilities or individuals associated with them than the adopted local codes, the ADA prevail unless approval for an exception is obtained by a formal documented process. Where local codes provide exceptions from accessibility requirements that differ from the ADA Standards; such exceptions may not be permitted for publicly owned facilities subject to Title II requirements unless the same exception exists in the Title II regulations. It is the responsibility of the designer to determine the code provisions.
Tagged Passions:regulation, construction, legal, and disability

D.
The Consultant, at no expense to the City, shall comply with all laws of the United States and Washington, the Charter and ordinances of the City of Spokane; and rules, regulations, orders and directives of their administrative agencies and officers. Without limiting the generality of this paragraph, the Consultant shall comply with the requirements of this Section.

E. This Agreement shall be construed and interpreted under the laws of Washington. The venue of any action brought shall be in the Superior Court of Spokane County.
Tagged Passions:regulation, ordinance, legal, services, and court

F.
Remedies Cumulative: Rights under this Agreement are cumulative and nonexclusive of any other remedy of law or in equity.

No additional detail provided

G.
Captions: The titles of sections or subsections are for convenience only and do not define or limit the contents.

H.
Severability: If any term or provision is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected, and each term and provision shall be valid and enforceable to the fullest extent permitted by law.

No additional detail provided

Tagged Passions:legal and court

I.
Waiver: No covenant, term or condition or the breach shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and any waiver of the breach of any covenant, term or condition shall not be deemed a waiver of any preceding or succeeding breach of the same or any other covenant, term of condition. Neither the acceptance by the City of any performance by the Consultant after the time the same shall have become due nor payment to the Consultant for any portion of the Work shall constitute a waiver by the City of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by the City in writing.

No additional detail provided

Tagged Passions:services and performance

J.
Additional Provisions: This Agreement may be modified by additional terms and conditions ( Special Conditions ) which shall be attached to this Agreement as Exhibit D. The parties agree that the Special Conditions shall supplement the terms and conditions of the Agreement, and in the event of ambiguity or conflict with the terms and conditions of the Agreement, these Special Conditions shall govern.

No additional detail provided

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K.
Entire Agreement: This document along with any exhibits and all attachments, and subsequently issued addenda, comprises the entire agreement between the City and the Consultant. If conflict occurs between contract documents and applicable laws, codes, ordinances or regulations, the most stringent or legally binding requirement shall govern and be considered a part of this contract to afford the City the maximum benefits.

No additional detail provided

Tagged Passions:regulation, ordinance, contract, and services

11
L. Negotiated Agreement: The parties acknowledge this is a negotiated agreement, that they have had this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party s draftsmanship.

No additional detail provided

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M.
No personal liability: No officer, agent or authorized employee of the City shall be personally responsible for any liability arising under this Contract, whether expressed or implied, nor for any statement or representation made or in any connection with this Agreement.

IN WITNESS WHEREOF, in consideration of the terms, conditions and covenants contained, or attached and incorporated and made a part, the parties have executed this Agreement by having legally-binding representatives affix their signatures below. FINANCIAL CONSULTING SOLUTIONS, CITY OF SPOKANE d/b/a FCS GROUP By___________________________________ By_________________________________ Signature Date Signature Date

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_____________________________________ ___________________________________ Type or Print Name Type or Print Name

_____________________________________ ___________________________________ Title Title

Approved as to form: ___________________________________ Assistant City Attorney Attest: ___________________________________ City Clerk
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Attachments: Exhibit A Certificate Regarding Debarment Exhibit B Consultant s Negotiated Proposal dated September 18, 2019 Exhibit C Consultant s Memorandum dated August 13, 2019

19-150

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12
EXHIBIT A

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

1.
The undersigned (i.e., signatory for the Subrecipient / Contractor / Consultant) certifies, to the best of its

knowledge and belief, that it and its principals:
Tagged Passions:services

a.
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

No additional detail provided

b.
Have not within a three-year period preceding this contract been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice;

No additional detail provided

Tagged Passions:boards and commissions, taxes, Taxes, contract, and property

c.
Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and,

No additional detail provided

Tagged Passions:boards and commissions

d.
Have not within a three-year period preceding this contract had one or more public transactions (federal, state, or local) terminated for cause or default.

No additional detail provided

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2.
The undersigned agrees by signing this contract that it shall not knowingly enter into any lower tier covered

transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
Tagged Passions:contract

3.
The undersigned further agrees by signing this contract that it will include the following clause, without

modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
Tagged Passions:contract and solicitation

1.
The lower tier contractor certified, by signing this contract that neither it nor its principals is

Tagged Passions:contract

presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

2.
Where the lower tier contractor is unable to certify to any of the statements in this contract,

such contractor shall attach an explanation to this contract.
Tagged Passions:contract

4.
The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this exhibit, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. The undersigned may contact the City for assistance in obtaining a copy of these regulations.

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5.
I understand that a false statement of this certification may be grounds for termination of the contract.

No additional detail provided

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Name of Subrecipient / Contractor / Consultant (Type or Print)

Program Title (Type or Print)
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Name of Certifying Official (Type or Print)

Title of Certifying Official (Type or Print)

Signature Date (Type or Print)

Firm Headquarters Redmond Town Center 7525 166th Ave NE, Ste. D-215 Redmond, Washington 98052

Established 1988 Washington 425.867.1802 Oregon 503.841.6543 Colorado 719.284.9168

City of Spokane

808 W. Spokane Falls Blvd.

Spokane, WA 99201

Subject: Rate Structure Analysis (RFP 5115-19)

To Whom It May Concern: We are pleased to provide the attached updated proposal to become the City s ongoing partner in managing its water, wastewater, and stormwater rates and charges. FCS GROUP has been in the
Tagged Passions:rfp, RFP, sewer, utility, Utility, water, rates, and stormwater

business of local government utility rates and charges for 30 years. During that time, we have served

as advisors on over 3,000 engagements similar to the one proposed here, and we have worked with
Tagged Passions:business, utility, Utility, and rates

approximately 550 state and local governments. Although we have a number of clients nationally, we

are most known for our focus in the Western US, especially in the State of Washington where we

maintain relationships with dozens of clients through our local offices in Redmond and Spokane.

FCS GROUP is ready to help. Our long history of service both nationally and in Washington gives us broad perspective with local focus. While we bring the expertise of a professional firm with a strong
Tagged Passions:history

understanding of nationally accepted utility ratemaking practices, our approach connects those

general practices with your specific, local needs. Doing so allows us to help you create results than can be implemented successfully and will withstand the test of time. Together, with you, we will deliver a process that will keep your utility rates and charges up to date and consistent with highly defensible cost-of-service principles. What can you expect from FCS GROUP?
Tagged Passions:utility, Utility, and rates

Expertise: Our Project Manager, Jason Mumm, is involved at the local and national level helping set the standards used in the industry for rate-setting, consistent with the American Water Works

Association, among others. In 23 years of practice, he has established rates and charges for comparable water, sewer and stormwater utilities throughout the Western U.S. Most importantly, he has been deeply engaged in establishing the defensibility of Spokane s policies for the rates charged for outside-city customers of the water system. Independence: Ours is a privately-held firm of 35 people focused solely on the financial and rate setting issues facing local utilities. Our business objectives are very clear: to provide our municipal clients with the best financial solutions for their unique needs. It is an objective that has kept us in business for over 30 years (since 1988) and grown our firm to one of the largest independent providers in the country. Our objectives are aligned to yours and, because we do not try to provide engineering solutions or have any business interest in bidding for
Tagged Passions:business, finance, sewer, utility, Utility, water, manager, rates, and stormwater

design/construction of your capital projects, we can truly say that our work for you will be

unbiased.
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LETTER OF SUBMITTAL

sjohnson Typewritten Text EXHIBIT B

City of Spokane Rate Structure Analysis (RFP 5115-19)

www.fcsgroup.com Location and Responsiveness: Initially, Jason Mumm will manage the proposed rate setting processes for Spokane. His familiarity with the City, based on his work with your legal team in recent suits brought by outside-city customers, is vital for establishing the initial frameworks and
Tagged Passions:rfp, RFP, and legal

methodologies. Once the framework is established, we will localize the ongoing efforts under the

direction of Angie Sanchez-Virnoche who is located in our Spokane office.

Value. We recognize that you have options when considering a consulting team. We know that you are going to see several proposals that will appear inexpensive compared to the bids of highly qualified firms like ours. We have found during our 30-year history that successful
Tagged Passions:rfp, RFP, recognition, services, and history

partnerships with our clients demands a commitment of time and resources to make sure the job

is done right, every time. The long history of our firm is testament to the quality of our work, as

Tagged Passions:history

is the long-lasting success of the solutions we help our clients implement. When you look at our

proposal, you will see more hours of effort for the dollar when compared to most of our peers. Finally, this letter serves to communicate that FCS GROUP is a Subchapter S-corp and that no

current employees formerly worked for the City of Spokane within the past 12 months, nor do any

former City employees hold a position on our governing board. This proposal is effective for a period

of 90 days from the due date. As a principal and vice president of the firm, I, Angie Sanchez

No additional detail provided

Virnoche, am an officer of the firm and duly authorized to negotiate on its behalf. We look forward

to the privilege of working with the City. Please do not hesitate to contact us at (303) 652-7548 or jasonm@fcsgroup.com. Sincerely, FCS GROUP FCS GROUP Angie Sanchez Virnoche Jason Mumm Principal-in-Charge Project Manager
Tagged Passions:manager

City of Spokane Rate Structure Analysis (RFP 5115-19)

i
Tagged Passions:rfp and RFP

TABLE OF CONTENTS

Letter of Submittal........................................................................................................................................... 1

Technical Proposal ......................................................................................................................................... 1 Project Approach / Methodology .................................................................................................................................. 1 Work Plan ................................................................................................................................................................... 2 Project Schedule ......................................................................................................................................................... 9

Deliverables .............................................................................................................................................................. 10

Minimum Qualifications ............................................................................................................................................. 11 Management Proposal .................................................................................................................................. 12 Project Management ................................................................................................................................................. 12

Experience of the Firm ................................................................................................................................................ 4

References ..................................................................................................................................................... 7

No additional detail provided

Related Information......................................................................................................................................... 2

Cost Proposal ................................................................................................................................................. 2

Appendix A R sum s

No additional detail provided

City of Spokane Rate Structure Analysis (RFP 5115-19)

Tagged Passions:rfp and RFP

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