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03-020 Building & Construction Permit Application Processing - Return to: Daniela Erickson • Spokane Valley Agreement Clerk the Board Contract No. CO3-20 • • lll6West.Broiul ay Approved: ;mNK as, 603 • Spokane,Washington 99260 • • • • • INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND TH.E CITY OF SPOKANE VALLEY RELATING TO PROCESSING Q,>~ .BUILDING AND CONSTRUCTION PERMIT APPLICATIONS " 3 0307 . THIS AGREEMENT,made and entered into by and between Spokane County, a political . . subdivision of the State of Washington, having offices for the transaction of business at 1116 West . . Broadway, Spokane Washington 99260, hereinafter referred to as "COUNTY," and the City of ' . Spokane Valley, a• municipal. corporation of the State' of Washington, having offices for the transaction of business at Redwood Plaza, 11707 East Sprague, Avenue, Suite 106, Spokane-Valley, • Washington 99206, hereinafter referred to as "CITY," jointly hereinafter'referred to as the • "PARTIES." - - • WITNESSETIT WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the 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 chapter 39.34_ RCW, two or more public entities may jointly cooperate between each other to perform functions which. each:may individually perform; and WNIR.EAS, pursuant to the provisions of RCW 35.02.225, a newly incorporated city may contract with a county to provide essential services; and - WHEREAS, the City of Spokane Valley has established its official date-of incorporation as of 12:01 A.M. on April 1; and - • WHEREAS, all local governmental authority and jurisdiction with respect to the newly .incorporated area transfers from Spokane County to the City of Spokane Valley upon the official date of incorporation; and • • • WHEREAS, pursuant to chapter 19.27 RCW and chapter 19.27A RCW, there shall be in effect in all counties and cities of the State a state building code consisting of, for the purposes of this Agreement, unless otherwise mutually agreed to, the Uniform Building Code and related . standards as codified in WAC Chapter 51-40; the Uniform Mechanical Code as codified in WAC • • Pagelof6 • • • CO3-20 • • Chapter 51-44, both published by the International Conference of Building Officials; the Uniform Plumbing Code as published by the International Association of Plunibi.ng and•Mechanical Officials as codified in WAC Chapter 51-46 and WAC Chapter 51-47; the Uniform Fire-Code and related - standards published by the International Fire Code Institute as codified in WAC Chapter 51-44 and WAC Chapter 51-45; the Washington State Energy Code as codified in WAC Chapter 51-11; and the Ventilation and Indoor Air Quality Code as codified in WAC Chapter 51-13, all as adopted by Spokane County with amendments thereto in Chapter 3 of the Spokane.County Code; and WAFREAS;pursuant to chapter 1.9.27 RCW, the state building code shall be enforced by the counties and cities; and - WTTEREAS, Spokane County and the City-of Spokane Valley agree that having County staff finish processing various building and related construction applications/permits,-which were filed with-Spokane County.,prior to the official date of incorporation of Spokane Valley, on behalf of the Cityiwill assist in an orderly transfer of authority and jurisdiction. • • NOW TEE.RIi O.RE for and 'in consideration of the mutual promises set forth hereinafter, • the PARTIES do mutually agree as follows: SECTION 'NO.1: .P:RE NCORPOR•ATiON PERMIT APPLICATIONS. FILED WITH SPOKANE COUNTY • . 1.1 Except as otherwise provided for herein, COUNTY shall'continue to review on behalf of CITY all vested,building and construction applications/permits filed with the COUNTY before • the official date of.in.corporation which involve property within CITY. For the purpose of This • Agreement:the Official date of incorporation shall be 12:01 A.M. on April 1, 2003. Review by COUNTY shall-occur in accordance with the•regulations under which the applications/permits are vested or to which they are otherwise subject. Review contemplates coordination with COUNTY not CITY departments for compliance with applicable land use controls and other • regulations. Any decision.as to whether and/or when an application vested shall be Made by ' COUNTY. .. - 1.2_ COUNTY. review of building and construction related •applications/permits, which - - include but are .not limited to building permits, plumbing and mechanical permits, fire • syster_us/fre spiinkler permits, and grading and clearing permits, shall include decisions to approve, condition or deny' applications; follow-up inspections; issuance of extensions or • completion of extensions; and issuance of ancillary permits, such as grading, fire, plumbing and mechanical permits; which are essential for completion of each original project permit. The term • "approve" shall include issuance of permits' for any vested applications. Appeals of building related permit decisions, if any, will•be processed in accordance with section 3.02.020 of the Spokane County Code; with the designated City of Spokane Valley administrative staff serving in lieu of the city Building Official as that terminology is used in that section.' • Page 2 of 6 • • • • 1.3 COUNTY will prepare and send the CITY a list of all building and construction applications/permits pending within the CTTY as of the official date of incorporation. Subsequent updated lists will'be sent to the CITY on a regular or on request basis as mutually agreed to. SECTION NO. 2: PERMIT CONDITION AND CODE COMPLIANCE 2.1 Enforcement of Permit Conditions. The COUNTY is aathorizod, on behalf of the City, to enforce conditions of approval as provided for in Section 1.09.3 of the 1997 Uniform Building • • Code published by the International Conference of.:Building Officials for those building and other permits that the COUNTY processes pursuant to This°Agreement. Such_eaforceaient authority • shall not include initiation of. court enforcement actions whether civil or criminal. Initiation of_ • • such actions shall be the sole responsibility of the CITY. 2.2 Enforcement of Code Requirements. Within a reasonable period following the . effective date of this Agreement, the COUNTY shall provide the CITY with a list and brief explanation of all building/construction code compliance matters occurring within the CITY'S boundaries and under review by the COUNTY as of the official date of incorporation. All such compliance actions not subject to a vested application/permit as described herein shall become the responsibility of the CITY. as of the date of incorporation. SECTION NO. 3: DURATION • 3.1 This Agreement shall become effective upon. the CITY'S official date of incorporation . and shall continue until the COUNTY determines processing of those building and construction . applications/permits for which the_ COUNTY has accepted fees has been completed. The terminology `processing" shall include code compliance as set forth in SECTION NO.2 herein above unless otherwise mutually agreed to in writing by the PARTIES. Building and construction applications/permits subsequent to the official date of incorporation shall be the sole responsibility of the CITY. . .:Upon'request, and within a reasonable time, the COUNTY agrees to make any records available • • to the CITY that the COUNTY has maintained under the tennis of, this Agreement. • • SECTION NO. 4: APPLICATION PROCESS • • . 4:1 COUNTY and CITY will each prepare and have available for applicants and other. interested parties a document describing the handling of applications based on this Agreement. Page3of6 • • • • • • • . SECTION NO. 5:' .TivDEMKIFI:CATION 5.1 . COUNTY agrees to indemnify and defend CITY from any loss, cost or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of COUNTY, its employees or agents in connection with the services to be performed by COUNTY under the terms of this Agreement. 5.2 CITY agrees to indemnify and defend COUNTY from any loss, cost or expense claimed by third parties for property damage and bodily injury, including death, caused. solely by the negligence or. willful misconduct of CITY, its employees or agents In connection.with the obligations of CITY under the terms of this Agreement. • 5.3 If the negligence or willful misconduct of both COUNTY and CITY, or a person identified above for which each is.liable, is a cause of such damage or injury, the loss cost of expenses shall be shared between COUNTY, and CITY in a proportion to their relative degrees of negligence or willful misconduct and the'right of indemnity shall apply to such proportion. SECTION'NO. 6: PERSONNEL 6.1 Control of personnel assigned by COUNTY to process applications/permits under this Agreement shall. remain with-COUNTY. Standards of performance, discipline and all other aspects of performance shall be governed by COUNTY. . • SECTION.NO. 7:..ADMINISTRATION . ' • 7.1 This Agreement shall be administered by the Spokane County Building & Code Enforcement Director or his/her authorized designee, and the City Manager, or his/her authorized designee. - SECTION NO. 8: AMENDMENTS _ 8.1, This Agreement is the complete expression of the terms hereto and any oral . • representation or understanding not incorporated herein are excluded. Any modifications to this Agreement shall be in writing and signed by both PARTIES. • SECTION NO. 9: THIRD-PARTY BENEFICIARIES • 9.1. This Agreement is made and entered into for the sole protection and benefit of the •PARTIES hereto. No other person or entity shall have any right of action or interest in this . Agreement based upon any provision set forth herein. • • • • Page 4 of 6 • ' • • • SECTION NO. 10: VENUE This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed- by the laws of the State of Washington, both as to interpretation and performance. • SECTION NO. 11.: ASSIGNMENT • • • Each Party to this Agreement binds itself, its successors and assigns of each other party with respect to all covenants*of this Agreement. Neither party may assign, or transfer in whole or in part its interest in this Agreement without the express written consent of the other party. SECTION NO. 12: SE•VERABILITY • . No change, addition or.erasure of any printed portion of this Agreement shall be valid or binding. upon the' other party. There shall be, no modification of this Agreement, except in writing executed with the same formalities as this present instrument, SECTION NO. 13: HEADINGS The section heading~.appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, . define, limit or extend the scope or intent of the sections to which they pertain. • SECTION NO. 14: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the teens and conditions agreed upon by the PARTIES. No other • understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of. the PARTIES. Both PARTIES have read and understand the whole of the above Agreement and now state that no representations, promises or agreements not expressed in this Agreement have been made to•induce either to execute the same. . SECTION NO. 15: OWNERSHIP OF VEHICLES AND MATERIALS • . All vehicles and/or materials owned or purchased by COUNTY for the purpose of reviewing, processing, and/or enforcing building and construction°applications/permits pursuant to this • Agreement, either. from. COUNTY moneys or moneys derived pursuant to this Agreement, shall remain the sole property of COUNTY. IN WITNESS WHEREOF, the PARITIES have caused this Agreement to be executed on. date.and year opposite their respective signatures. Page 5 of 6 - • . • - • • •• ....---- ._. . . - . • • . . • • BOARD OF COUNTY COMMISSIONERS • . DATE: 0/a5/20a3 OF SPOKANE COUNTY, WASHINGTON _. ••••,-,,,,..\\.\\ • ' 1.s9.4.,:tit.:EV3•64.:(?-1, f4f . ABSENT . • OV ":Q9 . a) :4' '''il; ii OHN ROSKELLEY, Chair / • ATTEST: / • . / / • •• , . . - 0 • e . 46 . .. , . VICKY M. DALTON li A .. . .** 1 t -0 • SEAL .•• 4r. . CLERK OF THE BO. bbt 4 :•-•:14, ;,../ _ . . ‘.„,,,,,__-- . .. • IS,Vice-Chair . '-•/ • i e 4 ti 0 14-1c.CL...,_ . . aniela Erickson, Deputy 0,4 Ct • - mWE • 1 AS:LW • . • • . DATE: Z2Le4e4_4 g5.;_aj.<7_3 CITY OF SPOKANE VALLEY: • • - . . • • . A717.41 T.77. ' - BY: •.- BY:L/4/,(74:Plia, • : • . . ;.3 • . • .Trte-n,fy. CITY CLERK Its: • Ai _ I • • e _. A • ri al • . • . • . . . • Approved as to form only: - • . ... •• . . . . . . • •- . ' • . IF City • 'Try . . • . . . . - • - . . . IT:Walley City 1 Draft COntsacts\Building&Code\13&C ve-de:elapps Interlocal Valley 021303-diaft 3:doe . • . . . . . . . , . • . . Page 6 of 6 . . . . . • • • . • . . • • . . • of comNs, 'y1 Thls Is to Certify Is a true and r� p;NEco6 Oy� �et correct co_pY of t►._ 4rIglnal document m° :�c O ,i N0.• c)7 on Wel� County - `� ; Commissioners minutes of. 3 NO. 3 0307 • ; dat$.t s ri da of 'c• ' •:« 23 I rig 4' SEAL . - 8 _o ' _ _ Or J .•• I� EC CLERK OF THE ROi RO kkx BEFORE THE BOARD • "0- NTY COMMISSIONERS • OF SPOKANE COUNTY,WASHINGTON IN THE MATTER OF EXECUTING AN ) NTERLOCAL AGREEMENT BETWEEN ) SPOKANE COUNTY AND THE CITY OF ) RESOLUTION SPOKANE VALLEY IN CONJUNCTION ) WiTH PROCESSING BUILDING AND ) CONSTRUCTION PERMIT ) APPLICATIONS ) WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities may jointly cooperate between each other .to perform functions which they may individually perform; and WHEREAS, pursuant to the provisions of RCW 35.02.226, a newly incorporated city may contract with a county to provide essential services; and • WHEREAS, the City of Spokane Valley has established its official date of incorporation as of 12:01 A.M. on April 1; and WHEREAS, all local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to the City of Spokane Valley upon the date of incorporation; and WHEREAS, pursuant to chapter 19.27 RCW and chapter 19.27A R.CW, there shall be in effect in all counties and cities of the State of Washington a state building code consisting of the Uniform Building Code and related standards as codified in WAC Chapter 51-40; Uniform Mechanical Code, as codified in Chapter 51-44, both published by the International Conference of Building Officials; the Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials as codified in `VAC chapter 51-46 and WAC Chapter 51-47; the Uniform Fire Code and related standards published by the International Fire Code Institute as codified in WAC Chapter 51-44 and WAC Chapter 51-45; the Washington State Energy Code as codified in WAC Chapter 51-44 and WAC Chapter 51-45; the Washington State Energy Code as codified in WAC Chapter 51-11; and the Ventilation and Indoor Air Quality Code as codified in WAC Chapter 51-13; and Page 1 of 3 3 0307 WHEREAS, pursuant to chapter 19.27 RCW, the state building code shall be enforced by the counties and cities; and WHEREAS, Spokane County and the City of Spokane Valley agree that having County staff finish processing various building and related construction applications/permits, which were filed with Spokane County prior to the official date of incorporation of Spokane Valley, on behalf of the City will assist in an orderly transfer of authority and jurisdiction. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County, that either the Chairman of the Board, or a majority of the Board, he and is hereby authorized to execute that document entitled "INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY REALATING TO PROCESSING OF BUILDING AND CONSTRUCTION PERMIT APPLICATIONS," pursuant to which, under certain terms and conditions, Spokane County will continue to process various building and construction applications/permits, which were filed with Spokane County prior to the official date of incorporation of Spokane Valley, on behalf of the City of Spokane Valley. PASSED AND ADOPTED this day of ( , 2003. of coM,t9,S�; �`� BOARD OF COUNTY COMMISSIONERS �y ++ OF SPOKANE, COUNTY, WASHINGTON i O�.•4� �� �/ • ABSENT e s •��1"�. • s JOHN ROSKELLEY ATTEST: t���� ' VICKY M. DALTON CLERK OF THE BOARD . 11. . .RIS • 4111M CCt Eser) Daniela Erickson, Deputy M. KATE M SUN rage 2 of 3