14-184.00 Spokane County Police Precinct Lease Clarify TermsMEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter "MOU") is entered into by and between
the City of Spokane Valley (hereinafter "the City") and Spokane County (hereinafter "the County"),
sometimes referred to jointly as "Parties".
WITNESSETH:
WHEREAS, the Parties executed a document entitled "LEASE AGREEMENT BETWEEN
CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE SPOKANE
VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE, SPOKANE
VALLEY" dated September 13, 2007 by the City and October 2, 2007 by the County, whereby the
Parties reduced to writing their understanding regarding the terms and conditions under which the
County may occupy portions of a building located at 12710 East Sprague Avenue, Spokane Valley,
Washington, 99216 ("Premises"); and
WHEREAS, Section 7 of the Lease Agreement is entitled "MAINTENANCE AND
OPERATIONS COSTS". The Parties have determined that it is appropriate to clarify certain
language in Section 7 consistent with the Parties understanding of that Section.
NOW, THEREFORE, the following understanding is agreed upon:
1. Parties. The Parties to this MOU are the City of Spokane Valley and Spokane
County.
2. Purpose. The purpose of this MOU is to clarify the intent of the Parties as to
certain terms and conditions set forth in that document entitled "LEASE AGREEMENT BETWEEN
CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE SPOKANE
VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE, SPOKANE
VALLEY" ("the Lease Agreement") dated September 13, 2007 by the City and October 2, 2007 by
the County.
3. Terms of the Memorandum of Understanding. The following costs, benefitting
only the Spokane Valley Police Department, shall be excluded from the base costs used in the
calculation of the County's share of Precinct maintenance and operation ("M&O").
(a) Capital:
If the capital costs incurred in the Premises only benefits the Spokane Valley Police
Department area, then City shall assume 100% of those costs. This includes, for
example, the construction of the Spokane Valley Police Department's Administrative
Lieutenant's Office, as well as the Spokane Valley Police Department's cubicle
installation. If capital costs incurred in the Premises only benefits District Court,
then County would be charged at 100% of cost. If capital costs, however, are shared
for the Premises, then costs would be included in the base costs and charged to the
County at its current percentage occupancy of the Premises, which is currently 15%.
Page 1 of 3
CO iy-1all
(b) Precinct Maintenance and Operations:
All Precinct maintenance costs that are uniquely specific to the Spokane Valley
Police Department areas shall be excluded from the base costs used to determine
County's share of the M&O. This would include such items as service calls/repairs
to the police garage gate mechanism. The intent of this clarification would be to
remove those expenses that do not have a similar use in the Court or other shared
areas.
(c) City Maintenance Staff time:
City will not track its maintenance staff time, and corresponding staff costs, incurred
on maintenance projects specific to the Party benefitting from the project. Instead
staff time costs for maintenance projects will be considered as a cost allocable based
upon square footage charges allocated to all occupants of the Premises. The reasons
for this clarification are:
(1) this maintenance is mostly carried out on projects that would be
considered building -wide in nature or, if occurring in the Spokane Valley
Police Department one year, would inevitably occur in the other areas at other
times due to similar uses. An example is patching of a wall or repairing a
door in the Court and/or Spokane Valley Police Department areas;
(2) the costs incurred by City staff in such maintenance projects is minimal;
(3) the County allocates similar facilities maintenance based on square
footage; and
(4) typically, capital projects are performed by contractors.
4. Other Provisions of Lease Agreement Remain Unchanged. All remaining provisions
of the Lease Agreement are unaffected by this MOU and continue in full force and effect.
5. Effective Date. This MOU shall be in effect the day following the date the last
signature is affixed hereto and govern the 2013 settle and adjust and all subsequent years of the
Lease Agreement.
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed on date and year
opposite their respective signatures.
Page 2 of 3
DATED: I O ' I Li- /4
ATTEST:
Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASH 1 GTON
AL FRENCH, hair
7-1-tAZA,
TODD MIELKE, Vice -Chair
U( UQ,Ve
Daniela Erickson t,�._0 g ct
LLY
a\
, Commissioner
DATED: vAtax Z', 0ICITY OF SPOKANE VALLEY
ATE
stine Bainbridge, City Cle
APPROVE I TO FORM ONLY:
i'-•Akte
Officf the City
Page 3 of 3
orney
NO. 1 -o-i -1
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF EXECUTING A
MEMORANDUM OF
UNDERSTANDING WITH THE CITY
OF SPOKANE VALLEY REGARDING
THE LEASE AGGREEMENT FOR THE
SPOKANE VALLEY PRECINCT
BUILDING
RESOLUTION
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County, Washington ("Board" or "Board of County Commissioners")
has the care of county property and the management of county funds and business; and
WHEREAS, pursuant to the provisions of RCW 3632.120(1), the Board of County
Commissioners shall provide for the erection of court houses and other public buildings for the use
of the County; and
WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities
may jointly contact between each other to perform functions which each may individual perform;
and
WHEREAS, pursuant to the above reference statutory provisions, the County executed an
agreement with the City of Spokane Valley ("Parties") entitled "LEASE AGREEMENT
BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE
SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE,
SPOKANE VALLEY" ("Lease Agreement") whereby the Parties reduced to writing their
understanding regarding the terms and conditions under which the County may occupy portions
of a building located at 12710 East Sprague Avenue, Spokane Valley, Washington, 99216
("Premises"); and
WHEREAS, the Parties desire to execute a Memorandum of Understanding to clarify the
intent of the Parties as to certain terms and conditions set forth in Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Spokane County, Washington, pursuant to the provisions of RCW 36.32.120(1), RCW
36.32.120(6), and chapter 39.34 RCW that either the chairperson of the Board or a majority of
the Board be and is hereby authorized to execute that document entitled "MEMORANDUM OF
UDNERSTANDING" wherein the County and City of Spokane Valley will clarify their intent
as to certain terms and conditions set forth in that document entitled "LEASE AGREEMENT
BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE
SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE,
SPOKANE VALLEY".
Page 1 of 2
PASSED AND ADOPTED this I I \day of O - � 2014.
ATTEST:
Daniela Erickson, Cler1Vofhard
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
OF SP I NE CO TY, WASHINGTON
AL FRENC
Vie h it
ELLY OUINN, Commissioner