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03-036 Stormwater Management Services ' Return to:' Daniela Erickson c O P Y Clerk of the Board ORIGINAL PILED OR RECORDED 1116 West Broadway JUL 1 1 2003 Spokane, Washington 99260 COUNTY AUDITOR SPOKANE COUNTY WA 3 0545 INTERLOCAI., AGREEMENT BE'T'WEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORMWATER MANAGEMENT SERVICES 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 1 116 West Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as "COUNTY," and City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, hereinafter referred to as "CITY,"jointly hereinafter referred to as the "PARTIES," W1TNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County ("BOAR[ ") has the care of county property and management of funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date commenced operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of Spokane Valley; and WHEREAS, chapter 39.34 RCW (int.erlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and • WHEREAS, the City desires to provide quality Stormwater management services for its residents and does not at this time have the organization and personnel to provide the planning, inventory and record keeping for full Stormwater management. Page 1. of 8 C'er 3 -36 WHEREAS, it is in the public interest that Spokane County and the City of Spokane Valley cooperate to provide effective and cost efficient Stormwater management services. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to set forth the provisions under which COUNTY will provide Stormwater management services ("Services") through the Stormwater Utility Department to CITY. Services are more particularly outlined in Section No. 3. It is the intent of the PARTIES that Services to be provided by COUNTY will be consistent with CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO.2: DURATION This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one of the PARTIES provides notice of termination as further described in Sections No. 4 of this Agreement. SECTION NO.3: MODIFICATION AND TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Either Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other Party. Any Party may terminate this Agreement upon a breach by the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days written notice and an opportunity to cure to the breaching Party. All agreed upon costs due either or both PARTIES will be paid within 60 days of the effective date of termination of this Agreement. SECTION NO.4: SERVICES PROVIDED COUNTY will provide Services when requested in writing by CITY provided: (1) Sufficient COUNTY Stormwater Utility staff resources are available, and (2) CITY has adopted stormwater related code(s), rules, guidelines, or policies necessary to perform the requested Service. In instances where the COUNTY determines that CITY has not adopted relevant code(s), rules, guidelines, or policies to perform the requested Services, the COUNTY will notify the CITY. COUNTY agrees to meet and discuss with CITY the conditions under which COUNTY will provide such Service. Page 2 of 8 All Services, to include determining whether or not CITY has adopted relevant codes(s), rules, guidelines, or policies, will be provided at the hourly rates shown in Exhibit. 1, plus costs of expenses and materials. The Services that may be requested by CITY, include, but are not limited to: 4.1 Recording, maintaining, and providing CITY with updated maps of known stormwater problem areas within CiTY or adjacent to CITY. 4.2 Preparing and maintaining stormwater facility inventory, providing maps to CITY and registering drywells with WA Department of Ecology to satisfy current year (2003) Underground Injection Control (UIC) Program Requirements. 4.3 Providing development review support in sensitive stormwater/high groundwater areas prior to permitting by CITY. 4.4 Maintaining the stormwater billing files using COUNTY and CITY provided data so that the County Treasurer can continue to correctly bill properties within CITY (excluding CITY streets and state highways) and add new accounts as they accrue. 4.5 Assisting CITY staff in maintaining residential swales inventory, administering swale establishment/testing procedures and working with residential property owners on Swale repair/restoration. 4.6 Preparing South Shelley Lake Stormwater Management Plan in coordination with CITY. SECTION NO. 5: CITY-COUNTY COORDINATION In performing the requested Services, COUNTY staff are acting as an independent contractor and all decisions on project design and costs shall be coordinated with the City Public Works Director or his/her designee. Monthly coordinating meetings may be held in COUNTY offices throughout the term of each year's projects if needed and if County staff resources are available. Both PARTIES will identify specific liaisons for Services to address clay-to-day operational activities related to Services. CITY agrees that Stormwater service charges for 2003 shall be prorated as provided in Spokane County Code Section 9.70.065. CITY will receive Stormwater fees for service from owners of developed properties with boundaries of CITY for the final nine months of 2003. SECTION NO. 6: COMPENSATiON CITY shall compensate COUNTY for all Services provided under this Agreement on the basis of the hourly labor rates in Exhibit 1 and materials plus related expenses, such as plotting costs for maps. CITY will reimburse COUNTY for Services provided based on separate monthly invoices for all labor and expenses for each Service for which work has been performed. The PARTIES recognize that the hourly rates for Stormwater Utility Staff as set forth in Exhibit 1 may change Page 3 of 8 during the term of this Agreement based on salary increases, COLA's or collective bargaining negotiations. CITY will be billed all actual costs for such staff based on their hourly rates in effect at the time that the Services are performed or provided. This hourly rate includes all benefits plus an overhead component. COUNTY will advise CITY in advance of any increase in the hourly rate of any Stormwater Utility Staff. COUNTY will bill CITY for the cost of Services during the first week of the month for Services provided during the preceding month. Payments by CITY will be due by the 5th of the following month. At the sole option of COUNTY a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. In the event of a dispute in any billing, CITY shall pay all undisputed portions of the billing. The PARTIES agree to meet in a good faith attempt to resolve any billing disputes. Any overpayment by the CITY shall be refunded with interest based upon the interest paid by the County Treasurer's investment Pool. SECTION NO. 7: LIABILITY 7.1 COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. 7.2 CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. 7.3 The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the Page 4 of 8 indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. 7.4 COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverage of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits included for COUNTY Engineer professional liability and auto liability coverage. SECTION NC). 8: DISCRINIINATION COUNTY and CITY certify that they are Equal Opportunity Employers. COUNTY has developed and implemented affirmative action programs in accordance with the guidelines in Revised Order 4 of the United States Department of Labor. CiTY will develop and implement affirmative action programs that meet the applicable federal standards. SECTION NO. 9: AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review, or audit by COUNTY or CITY during the term of this Agreement and three (3) years after termination. SECTION NO. 10: AMENDMENTS The Agreement may be amended at any time by mutual, written Agreement of the signatories of this Agreement. SECTION NO. 11: CONTRACT ADMINISTRATION The PARTIES shall each appoint representatives to review contract performance and resolve problems which cannot be dealt with by COUNTY and CITY liaisons. Each Party shall notify the other in writing of its designated representatives. The representatives from COUNTY will include the Utilities Division and the Office of .Financial Management. COUNTY and CITY liaisons will meet periodically with either Party authorized to call additional meetings with ten days written notice to the other. Any problem which cannot be resolved by the PARTIES' designated representatives shall be referred to the City Manager and the Spokane County Utilities Division Director for settlement. SECTION NO. 12: NON-WAIVER Waiver of any default or breach of this Agreement shall not be deemed to be a waiver of any other prior or subsequent default or breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written agreement of the signatories hereto. Page 5 of 8 SECTION NO. 13: SUBCONTRACT COUNTY may subcontract any of its responsibilities set forth herein provided COUNTY retains the appropriate supervision and inspection of the contractor's work. SECTION NO. 14: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant, or representative of COUNTY shall be deemed to be an employee, agent, servant, or representative of CITY for any purpose. Likewise, no agent,employee, servant, or representative of CITY shall be deemed to be an employee, agent, servant, or representative of COUNTY for any purpose. Control of personnel standards of performance, discipline and all other aspects of performance, including that of the staff, shall be covered entirely by COUNTY. SECTION NO. 15: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by COUNTY in providing Services under the terms of this Agreement shall remain with COUNTY unless specifically and mutually agreed by the PARTIES. SECTION NO. 16: GENERAL TERMS This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. Both PARTIES agrees to aid and assist the other Party in accomplishing the objectives of this Agreement. This Agreement shall be binding upon the PARTIES hereto, their successors, and assigns. SECTION NO. 17: VENUE STIPULATION 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. Any action at law, suit in equity or judicial proceeding for the enforcement. of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. Page 6 of 8 SECTION NO. 18: SEVERABILITY It is understood and agreed among the PARTIES that if any pans, terms, or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 9: HEADINGS The section headings 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 N(_). 20: RECORDS All records prepared or produced by COUNTY in conjunction providing services to CITY under the terms of this Agreement shall be the property of COUNTY. Such records shall be made available to CITY upon request by the City Manager subject to privileges set forth in statue, courl rule or case law. COUNTY will notify CITY of any public records request under chapter 42.17 RCW for copies or viewing of such records as well as COUNTY'S response thereto. Upon termination of this Agreement, COUNTY agrees to make copies of all such records that may be requested by CiTY using the labor rates in Exhibit "I" for copying time plus costs for materials. CITY shall reimburse COUNTY for all actual costs incun-ed by COUNTY in responding to public record records requests as well as providing copies of any records to CITY under the terms of this Agreement or Section. Costs shall include costs of staff time as well as materials. Payments will be due as provided for in Section No. 6 herein above. SECTION NO.21: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. SECTION NO. 22: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or(2) the third day following the day on which the same have been mailed by first class delivery, postage prepaid Page 7 of 8 addressed to PARTIES at the address set forth above or at such other address as the PARTIES shall from time-to-time designate by notice in writing to the other PARTIES. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: D- `0',9200 BOARD OF COUNTY COMMISSIONERS f cow�`"N, OF SPOK E, C SUN .Y, WASHINGTON i r tN v3 RO A °Y, Ch Chair • • ATTEST: 4 • . V ' •••• SEAL VIC <Y M. DALTON 8F THE BOAR N' -= PAIL P r. HARRIS, V. e-Chair y: / 444 ,, .c�� ��_ A • A . L. _ .4. • �--- Daniela Erickson, Deputy M. KATE CCASLIN, Commissioner DATED: / - 9 -a620 CITY OF SPOKANE VALLEY: AR) By:C4-91ZI Its: :9 i P City Clerk (Title) Approved as to form only: i c Cit t trney G:\Valley City\Dal tt Conti icts\StinmwalcrLSto mwater-final 042203.doc Page 8 of 8 Exhibit 1 TO AN INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALt.F:Y FOR PROVISION OF STORM WATER MANAGEMENT SERVICES :Hourly Rates for County Stormwater Utility Staff Classification ( Hourly Hourly Multiplier Hourly Salary Benefits Rate Administrative Specialist 2 15.92 6.45 1.93 43.17 GIS Technician 17.86 7.23 2.23 55.95 Land Development Coordinator 18.77 7.60 2.23 58.80 Engineering Tech 2 20.43 8.27 2.23 64.00 GIS Specialist 25.08 10.16 2.23 78.58 Engineer 1 -2 27.29 11.05 2.23 85.50 Stormwater Manager 32.83 13.30 1.93 89.03 Engineer 3 32.59 13.20 1.93 88.37 • Exhibit 2 TO AN INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORMWATER MANAGEMENT SERVICES Limits of Compensation I3y Service SERVICE PROVIDED COMPENSATION LIMITS Problem Maps/Complaints Database $6,000 Inventory, Maps, :Drywell Registration $39,000 Development Review/High Risk Area $20,000 Administration Maintenance Records $10,000 Billing File Maintenance $20,000 Residential Swales Inventory/Enforcement $20,000 South Shelley Lake Plan $12,500 Centennial Clean Water Grant Share, $ 5,000 Underground injection Control Project TOTAL $132,500 Exhibit 3 TO AN INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORMWATER MANAGEMENT SERVICES Excerpt from Spokane County Code. 9.70.065 Annexations and Incorporations. (a) Whenever a city or town annexes an area, or a city or town incorporates an area and the county has issued revenue bonds or general obligation bonds to finance stormwater control facilities that are payable in whole or in part from rates or charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the annexation or official date of the incorporation until: (1) the debt is retired; (2) any debt that is issued to refinance the underlying debt is retired; or (3) the city or town reimburses the county an amount that is sufficient to retire that portion of the debt borne by the annexed or incorporated area. (b) If the county provides stormwater management services to the city or town by contract, the contract shall consider the value of payments made by property owners to the county for the payment of debt service. This subsection applies whether or not the bonds finance facilities that are geographically located within the area that is annexed or incorporated. The county shall construct all facilities included in the stormwater plan financed by the proceeds of the bonds. The stormwater plan may be modified and facilities authorized in the stormwater plan may be added, deleted or modified either before or after annexation or incorporation of part of the service area when the Board of County Commissioners determines, after notification of cities within the affected basins, that the changes are necessary or advisable in order to implement the stormwater plan within available funding levels. If bond proceeds are insufficient to complete all facilities authorized in the stormwater plan, the Board of County Commissioners shall, after notification of cities within the affected basins, prioritize the use of bond proceeds to construct those facilities most necessary and in the best interest of the area served by the stormwater plan. If the stormwater plan is amended for the reasons in this section, any related agreements with other jurisdictions shall be revised as necessary. (c) The debt service portion of the service charge will not be prorated but will continue to be charged as specified in subsection (a) above. However, adjustments to the remainder of the annual service charge may be made when property is incorporated or annexed by another jurisdiction. The remainder of the service charge for the billing year during which incorporation or annexation occurs may: (1) be subject to a proration formula included in an interlocal agreement between the county and the incorporating or annexing jurisdiction; or (2) if the incorporation or annexation interlocal agreement does not address the stormwater service charge, consist of a stormwater management charge of one-quarter of the annual service charge for each quarter of the billing year during which the property was in unincorporated Spokane County for one or more days. For purposes of determining this modified service charge, the billing quarters will be for January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31. Return to: Daniell, Erickson 4923331 Clerk of the Board li/Il Page: t of ti Spokane, Broadway ash ngton 99260, of KR $O.O Spokane c Qi:29P 3 0545 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORMWATER MANAGEMENT SERVICES 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 Avenue, Spokane, Washington, 99260, hereinafter referred to as "COUNTY," and City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707. East Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, hereinafter referred to as "CITY,"jointly hereinafter referred to as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County ("BOARD") has the care of county property and management . • of funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date commenced operations as a city; and WI3EREA.S, pursuant to chapter 33.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of Spokane Valley; and • WHEREAS, chapter 39.34 RCW (lnterlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, the City desires to provide quality Stormwater management services for its residents and does not at this time have the organization and personnel to provide the planning, inventory and record keeping for full Stormw.ater management. v commits,N, r� o°•-'f&- s4a �� This is to Certify this is a true and �: 4,34 0' ova ►, correct copy of the original document Paige 1 of 8 c .y , 1'•, v No:.3-6'5 on file In the Co my% ,. : o Commissioners minutes of. 0 • 4 • I d te• - $ • r4 d. ofd ..rta 3 � .sEA •mot B :_ /. -- kt COT° CLE-K OF TH BOAR S Goa -3�0 II I .11 nil II II I El .1111 ,111 1111 4923331 lu l ll 0171112003--01129P BOARD, OF COUNTY CO 1ISSI AOtB $0.00 Spokane Co, A WHEREAS, it is in the public interest that Spokane County and the City of Spokane Valley cooperate to provide effective and cost efficient Stormwater management services. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SEC t ION NO. 1: PURPOSE The purpose of this Agreement is to set forth the provisions under which COUNTY will provide Stormwater management services ("Services") through the Stormwater Utility Department to CITY. Services are more particularly outlined in Section No. 3. It is the intent of the PARTIES that Services to be provided by COUNTY will be consistent with CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO.2: DURATION This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one of the PARTIES provides notice of termination as further described in Sections No. 4 of this Agreement. SECTION NO.3: MODIFICATION AND TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Either Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other Party. Any Party may terminate this Agreement upon a breach by the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days written notice and an opportunity to cure to the breaching Party. All agreed upon costs due either or both PARTIES will be paid within 60 days of the effective date of termination of this Agreement. SECTION NO. 4: SERVICES PROVIDED COUNTY will provide Services when requested in writing by CITY provided: (1) Sufficient COUNTY Stormwater Utility staff resources are available, and (2) CITY has adopted sormwater related code(s), rules, guidelines, or policies necessary to perform the requested Service. In instances where the COUNTY determines that CITY has not adopted relevant code(s), rules, guidelines, or policies to perform the requested Services, the COUNTY will notify the CITY. COUNTY agrees to meet and discuss with CITY the conditions under which COUNTY will provide such Service. Page 2 of 8 4923331 11111111111111111111111111111 0?;1+003 0011:29P BOARD, OF OOUNiY COMM AGR $0.00 Spokane Co, 11R All Services, to include determining whether or not CITY has adopted relevant codes(s), rules, guidelines, or policies, will be provided at the hourly rates shown in Exhibit 1, plus costs of expenses and materials. The Services that may be requested by CITY, include, but are not. limited to: 4.1 Recording, maintaining, and providing CITY with updated maps of known stormwater problem areas within CITY or adjacent to CITY. 4.2 Preparing and maintaining stonmwater facility inventory, providing maps to CITY and registering drywells with WA Department of Ecology to satisfy current year (2003)Underground Injection Control (UIC) Program Requirements. 4.3 Providing development review support in sensitive stormwater/high groundwater areas prior to permitting by CITY. 4.4 Maintaining the stormwater billing files using COUNTY and CITY provided data so that the County Treasurer can continue to correctly bill properties within CITY (excluding CITY streets and state highways) and add new accounts as they accrue. 4.5 Assisting CITY staff in maintaining residential swales inventory, administering swale establishment/testing procedures and working with residential property owners on swale repair/restoration. 4.6 Preparing South Shelley Lake Stormwater Management Plan in coordination with CITY. SECTION NO. 5: CITY-COUNTY COORDINATION In performing the requested Services, COUNTY staff are acting as an independent contractor and all decisions on project design and costs shall be coordinated with the City Public Works Director or his/her designee. Monthly coordinating meetings may be held in COUNTY offices throughout the term of each year's projects if needed and if County staff resources are available. Both PARTIES will identify specific liaisons for Services to address day-to-day operational activities related to Services. CITY agrees that Stormwater service charges for 2003 shall be prorated as provided in Spokane County Code Section 9.70.065. CITY will receive Stormwater fees for service from owners of developed properties with boundaries of CITY for the final nine months of 2003. SECTION NO. 6: COMPENSATION CITY shall compensate COUNTY for all Services provided under this Agreement on the basis of the hourly labor rates in Exhibit 1 and materials plus related expenses, such as plotting costs for maps. CITY will reimburse COUNTY for Services provided based on separate monthly invoices for all labor and expenses for each Service for which work has been performed. The PARTIES recognize that the hourly rates for Stormwater Utility Staff as set forth in Exhibit I may change Page 3 of 8 1E1 II 11111 III II 1111 11 111 4923 120 331� o�ii,29P - 8OAR0. OF COUMIY t)U`:i71SS1 AGR 30.00 Spokane Co, !A during the term of this Agreement based on salary increases, COLA's or collective bargaining negotiations. CITY will be billed all actual costs for such staff based on their hourly rates in effect at the time that the Services are performed or provided. This hourly rate includes all benefits plus an overhead component. COUNTY will advise CITY in advance of any increase in the hourly rate of any Stormwater Utility Staff. COUNTY will bill CITY for the cost of Services during the first week of the month for Services provided during the preceding month. Payments by CITY will be due by the 5th of the following month. At the sole option of COUNTY a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. in the event of a dispute in any billing, CITY shall pay all undisputed portions of the billing. The PARTIES agree to meet in a good faith attempt to resolve any billing disputes. Any overpayment by the CITY shall be refunded with interest based upon the interest paid by the County Treasurer's Investment Pool. SECTION NO. 7: LIABILITY 7.1 COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of. them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. in the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. 7.2 CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. 7.3 The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the Page 4 of 8 1111 111111 :III 10111 11111111 4923 4771112,003-331 411??P WO, OF C4t'lF(CMS' AGR $0.00 Spokane Co: indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. 7.4 COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverage of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits included for COUNTY Engineer professional liability and auto liability coverage. SECTION NO. 8: DISCRIMINATION COUNTY and CITY certify that they are Equal Opportunity Employers. COUNTY has developed and implemented affirmative action programs in accordance with the guidelines in Revised Order 4 of the United States Department of Labor. CITY will develop and implement affirmative action programs that meet the applicable federal standards. SECTION NO. 9: AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review, or audit by COUNTY or CiTY during the term of this Agreement and three (3) years after termination. SECTION NO. 10: AMENDMENTS The Agreement may be amended at any time by mutual, written Agreement of the signatories of this Agreement. SECTION NO. II: CONTRACT ADMINISTRATION The PARTIES shall each appoint representatives to review contract performance and resolve problems which cannot be dealt with by COUNTY and CITY liaisons. Each Party shall notify the other in writing of its designated representatives. The representatives from COUNTY will include the Utilities Division and the Office of Financial Management. COUNTY and CITY liaisons will meet periodically with either Party authorized to call additional meetings with ten days written notice to the other. Any problem which cannot be resolved by the PARTIES' designated representatives shall be referred to the City Manager and the Spokane County Utilities Division Director for settlement. SECTION NO. 12: NON-WAIVER Waiver of any default or breach of this Agreement shall not be deemed to be a waiver of any other prior or subsequent default or breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written agreement of the signatories hereto. Page 5 of 8 3 Pa : S 31 of 1 1111 11111111111 I 01714923e112003 011:29P SECTION NO. 13: SUBCONTRACT OOARD, Of COUNTY COl1t1ISSI AGR $0.00 Spokane Co; 'I'A COUNTY may subcontract any of its responsibilities set forth herein provided COUNTY retains the appropriate supervision and inspection of the contractor's work. SECTION NO. 14: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant, or representative of COUNTY shall be deemed to be an employee, agent, servant, or representative of CITY for any purpose. Likewise, no agent,employee, servant, or representative of CITY shall be deemed to be an employee, agent, servant, or representative of COUNTY for any purpose. Control of personnel standards of performance, discipline and all other aspects of performance, including that of the staff, shall be covered entirely by COUNTY. SECTION NO. J5: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by COUNTY in providing Services under the terms of this Agreement shall remain with COUNTY unless specifically and mutually agreed by the PARTIES. SECTION NO. 16: GENERAL TERMS This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. Both PARTIES agrees to aid and assist the other Party in accomplishing the objectives of this Agreement. This Agreement shall be binding upon the PARTIES hereto, their successors, and assigns. SECTION NO. 17: VENUE STIPULATION 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. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto,shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. Page 6 of 8 4923331 02/11/200(3 0011:29? ;;CARD, OF COUNT( C01ti1ISSI ACA $0.00 Spokane Co, FA SECTION NO. 18: SEVERABILITY it is understood and agreed among the PARTIES that if any parts, terms, or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, teen or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO.9: HEADINGS The section headings 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.20: RECORDS All records prepared or produced by COUNTY in conjunction providing services to CITY under the terms of this Agreement shall be the property of COUNTY. Such records shall be made available to CITY upon request. by the City Manager subject to privileges set forth in statue, court rule or case law. COUNTY will notify CITY of any public records request under chapter 42.17 RCW for copies or viewing of such records as well as COUNTY'S response thereto. Upon termination of this Agreement, COUNTY agrees to make copies of all such records that may be requested by CITY using the labor rates in Exhibit"I" for copying time plus costs for materials. CiTY shall reimburse COUNTY for all actual costs incurred by COUNTY in responding to public record records requests as well as providing copies of any records to CITY under the terms of this Agreement or Section. Costs shall include costs of staff time as well as materials. Payments will be due as provided for in Section No. 6 herein above. SECTION NO.21: ALL WRITINGS CONTAINED REREIiNMIN:DING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. SECTION NO.22: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or(2) the third day following the day on which the same have been mailed by first class delivery, postage prepaid Page 7 of 8 4 92: "83 11 • • II 11111 0711112003—01:29P BOARD, OF COUNMY GOt3ISSI AGR $0.00 Spokane Go, 14A addressed to PARTIES at the address set forth above or at such other address as the PARTIES shall from time-to-time designate by notice in writing to the other PARTIES. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: (o'/D-�O/ BOARD OF COUNTY COMMISSIONERS of cox 4fr,s "l OF SP 9K ► 7, COUNT , WASHINGTON 0 ,4>.0._1: fl / / C7 :4 • �t ./ l}i • � � i r, RO EY C tir ATTEST: 14 `�, ' •,sent .. E 1 VICKY M. DALTON 1 CL E R (. THE BOARD�`��--�'` P-IIL IP :►. H RRI Vi -Chair A /* • oa,,, L- Daniela Erickson, Deputy ATE IV�CCASLIN, Commissioner DATED: 2 -- 9 , fi-3 CITY OF SPOKANE VALLEY: Attu _ By: • City Clerk (Title) Approved as to form only: Cit 'tirorney 0:1Valley City1Draft Co n mcts\StormwaterVtotmwater-final 042203.dnc Page 8 of 8 • 23 0 491/1112003 33 11 011:29P BOARD, OF COUGTI WISH AGR $0.00 Spatane Co, 14A Exhibit 1 TO AN INTERLOCAI. AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORMWATER MANAGEMENT SERVICES Hourly Rates for County Storrnwater Utility Staff Classification Hourly Hourly Multiplier Hourly Salary Benefits Rate Administrative Specialist 2 15.92 6.45 1.93 ' GIS Technician 17.86 7.23 2.23 55.95 Land Develcment Coordinator 18.77 7.60 2.23 58.80 Eno-neerin Tech 2 20.43 GIS Specialist 25.08 10.16 2.23 78.58 Engineer 1 —2 27.29 11.05 2.23 85.50 Storrnwater Manager 32.83 13.30 1.93 89.03 Engineer 3 32.59 13.20 1.93 88.37 • • _. 492333 i-of 11 Page:0/11112OC(lO 01:29P EOARt, OF COW(lxl',aamSSI AGR SO.00 Spokane Co, WA Exhibit 2 TO AN INTERLOCA.L AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORMWATER MANAGEMENT SERVICES Limits of Compensation By Service SERVICE PROVIDED COMPENSATION LIMITS Problem Maps/Complaints Database $6,000 Inventory,Mays, Drywell Registration $39,000 Development Review/High Risk Area $20,000 Administration Maintenance Records $10,000 Billing File Maintenance $20,000 Residential Swales:Inventory/Enforcement $20,000 South Shelley Lake Plan $12,500 Centennial Clean Water Grant Share, $ 5,000 Underground Injection Control Project TOTAL $132,500 • 4923331 1111 11111 III 1111111I Page: 11 of 11 011111203 01:29P B ARO, OF C41g11Y COt 1ISSi AGR $0,00 Spokane Co, WA Exhibit 3 TO AN INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORMWATER MANAGEMENT SERVICES Excerpt from Spokane County Code. 9.70.065 Annexations and Incorporations. (a) Whenever a city or town annexes an area, or a city or town incorporates an area and the county.has issued revenue bonds or general obligation bonds to finance stormwater control facilities that are payable in whole or in part. from rates or charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the annexation or official date of the incorporation until: (1) the debt is retired; (2) any debt that is issued to refinance the underlying debt is retired; or (3) the city or town reimburses the county an amount that is sufficient to retire that portion of the debt borne by the annexed or incorporated area. (b) If the county provides stormwater management services to the city or town by contract, the contract shall consider the value of payments made by property owners to the county for the payment of debt service. This subsection applies whether or not the bonds finance facilities that are geographically located within the area that is annexed or incorporated. The county shall construct all facilities included in the stonnwater plan financed by the proceeds of the bonds. The stormwater plan may be modified and facilities authorized in the stonnwater plan may be added, deleted or modified either before or after annexation or incorporation of part of the service area when the Board of County Commissioners determines, after notification of cities within the affected basins, that the changes are necessary or advisable in order to implement the stonnwater plan within available funding levels. If bond proceeds are insufficient to complete all facilities authorized in the stormwater plan, the Board of County Commissioners shall, after notification of cities within the affected basins, prioritize the use of bond proceeds to construct those facilities most necessary and in the best interest of the area served by the stormwater plan. If the stormwater plan is amended for the reasons in this section, any related agreements with other jurisdictions shall be revised as necessary. (c) The debt service portion of the service charge will not be prorated but will continue to be charged as specified in subsection (a) above. However, adjustments to the remainder of the annual service charge may be made when property is incorporated or annexed by another jurisdiction. The remainder of the service charge for the billing year during which incorporation or annexation occurs may: (1) be subject to a proration formula included in an interlocal agreement between the county and the incorporating or annexing jurisdiction; or (2) if the incorporation or annexation interlocal agreement does not address the stormwater service charge, consist of a stormwater management charge of one-quarter of the annual service charge for each quarter of the billing year during which the property was in unincorporated Spokane County for one or more days. For purposes of determining this modified service charge, the billing quarters will be for January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31.