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Community News 03/06/09
County sends mayor letter confirming ‘breach of contract’
By Mike Huffman
Spoka
ne Valley News Editor


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In case Spokane Valley officials didn’t get the message last week, county commissioners made sure with a letter this week:  The city is in violation of its public safety contract.

That, at least, is the contention of Spokane County’s legal staff. On Tuesday, the commissioners agreed to affirm that assertion by agreeing to send a letter to Spokane Valley’s mayor and city manager requesting that back payments be sent soon.

During a joint meeting Feb. 23, Jim Emacio, the chief deputy civil prosecuting attorney for the county, said the city is “technically in breach of its agreement” with the county by paying 2007 public safety contract rates in 2008 and the first two months of 2009.

Spokane Valley City Manager David Mercier expressed some surprise at the phrase “breach of contract” and agreed to look into the matter further. City officials have some questions over language in the contract regarding costs of some services and whether or not Spokane Valley was double-billed in some instances.

According to Emacio, the city owes the county $520,345 for 2008 charges and $272,027 so far for January/February 2009. County officials estimate that if the city continues to pay the 2007 rate through this calendar year, Spokane Valley will owe an additional $1.6 million.

At the Feb. 23 meeting, Emacio expressed his frustration.

“I’ve been with the county 35 years,” he said. “I’ve never had more conflicts with so many contracts as I have had with the city of Spokane Valley.”

He added, however, that much of that could do with the enormity of those contracts.

On Tuesday, Emacio reiterated that the issue needs to be resolved and can be handled one of three ways if the city doesn’t agree to pay. First, the county – with the blessing of the sheriff – can give a year’s notice to terminate the contract. The second involves settling the matter in court. Third, the county can charge the city interest on the amount owed – something the county has already put in place.

Commissioner Mark Richard said the county has no intention or entertained the idea at this time of severing the contract. The city of Spokane Valley has relied up the county sheriff’s office for police protection since incorporation in 2003.

“I want to say that for the record,” he said.

Richard also said he called Spokane Valley Mayor Richard Munson last week to make him aware that the letter would likely be coming.

Commissioner Bonnie Mager was not present at the meeting, but Emacio said she supported the idea of sending the correspondence.

 


 
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