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County attorney proposes code change to let risk manager clear indemnity/insurance for small service contracts
Summary
County staff proposed amending contract-for-services rules so the risk manager may approve indemnification and insurance language for service contracts under $50,000, removing the need for routine Board of Commissioners review; board asked for reporting and flexible wording about submission systems.
Spokane County legal and purchasing staff on Tuesday presented a proposed change to county contract-for-services procedures that would let the risk manager approve indemnification and insurance language in service contracts valued at $50,000 or less without appearing before the Board of County Commissioners.
County attorney (Mr. Macchio) said state law requires elected officials and department heads to use the county purchasing department for supplies and equipment but does not prescribe a process for contracts for services (except architects and engineers). A 1998 county purchasing policy sets a different, multi-step submission requirement for departments, he said. “Neither an elected official nor a department head can agree to indemnification or insurance provisions. Only the Board of County Commissioners can,” Macchio told the board.
What’s proposed: The draft amendment would treat elected officials and departments alike: if a contract for services contains indemnification or insurance provisions, the county’s risk manager could initial approval for contracts values of $50,000 or less; any contract exceeding $50,000 that contains those provisions would still require board review. Macchio said purchasing and legal had consulted and that, since 2024, 34 contracts with indemnification or insurance provisions had come before the board.
Board discussion focused on transparency and oversight. Commissioners asked how the board would learn about contracts the risk manager approves; the purchasing director said staff could create a recurring report (monthly or quarterly) that lists contracts approved under the process. Commissioners also asked for more generic code language that would avoid referencing a specific software system (Workday) in case systems change; staff agreed to draft more flexible language. Macchio said he would add recommended reporting language and return the revised code amendment for placement on the next available legislative consent agenda.
Next steps: Staff will rework the draft to (1) avoid hard-coded references to a specific requisition system, (2) include a reporting mechanism so the board receives periodic notices of risk-manager approvals, and (3) place the revised amendment on the next legislative consent agenda for board action. No formal change was adopted at Tuesday’s meeting.
