04-020 Precinct Building 5111001
Page Spokane 1 of i R t
98/13/20,,4 Co 83 W 1313
Return to: Daniela Erickson,Clerk of the Boar.., JU hJLLi
Board of County Commissioners
1116 W.Broadway
Spokane,Washington 99260
INTERLOCAL COOPERATION AGREEMENT BETWEEN SPOKANE COUNTY AND
THE CITY OF SPOKANE VALLEY WITH REGARD TO THE PRECINCT BUILDING
4 0677
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 the 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
sometimes referred to as the"Parties."
RECITALS:
A. 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
• B. 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. Provided, however, under RCW 35.02.220 the County was responsible for providing law
enforcement services for a period of sixty (60) days from the official date of incorporation or
through May 31,2003;and
C. Pursuant to the provisions of chapter 39.34 RCW (Interlocal Cooperation Act), counties
and cities may contract with each other to perform certain functions which each may legally
perform;and
• D. Pursuant to the provisions of R.CW 36.34.130, the Board of County Commissioners of
Spokane County may dispose of County property to another governmental agency upon such terms
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as may be agreed upon and for such c'vna�na a rri ay be deed y the Board of County
Commissioners to be adequate;and
E. Prior to the incorporation of the City of Spokane Valley, Spokane County acquired that
parcel of property located at 12710 East Sprague Avenue, Spokane Valley, Washington, 99216, to
include the building ("Precinct Building")thereon hereinafter jointly referred to as the"Premises."
The Precinct Building was subsequently renovated. The total cost for the purchase of the property
and renovation of the Precinct Building was$2,400,000. Spokane County("County")and the City
of Spokane Valley ("City") have discussed the City purchasing 56% of the Premises. The 56%
figure represents the amount of space occupied by the City in the Precinct Building in 2003.
Recognizing that the citizens within the now incorporated limits of the City of Spokane Valley
helped pay for the purchase of the Premises and renovation of the Precinct Building through
payment of various taxes, Spokane County desires to give the City credit in the event it determines
to purchase 56% of the Premises. The credit is calculated by taking the total cost of the Premises
($2,400,000) and dividing it by the population of the unincorporated area of Spokane County prior
to the incorporation of the City of Spokane Valley (201,849). ($2,400,000 _ 201,849 = $11.89)
The resulting number of$11.89 represents the unincorporated per capita cost of the Premises. This
figure is then applied to the population of the City at the date of incorporation(82,500). ($11.89 x
82,500 = $975,046). The resulting number of$975,046 represents the credit that the County will
afford the City if it determines to purchase 56%of the Premises. 56%of the cost of the Premises is
$1,344,000. ($2.400,000 x 56% = $1,344,000) The credit of$975,046 is applied to the purchase
price for 56% of the Premises, which leaves a balance of$368,945. ($1,344,000 — $975,046 =
$368,954) [See Attachment"A" for calculations in another format.] The County and City desire to
reduce to writing their understanding as to the (i) ownership of the Premises, (ii) terms and
conditions under which the City may occupy the Precinct Building located on the Premises,and(iii)
terms and conditions under which the City may purchase 56%of the Premises.
NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter
•
and as provided for in the above-referenced recitals, which are made a part of this Agreement and
incorporated herein,the Parties do hereby agree as follows:
•
1. PURPOSE. The purpose of this Agreement is to set forth the Parties' understanding
regarding:
(i) ownership of the Premises,
(ii) terms and conditions under which the CITY may occupy the Precinct Building located on
the Premises,
(iii)terms and conditions under which the CITY may purchase 56%of the Premises,
The terminology"Premises" shall mean that parcel of property located at 12710 East Sprague
Avenue, Spokane Valley, Washington, 99216, consisting of approximately 105,519 square feet,
including a building thereon hereinafter referred to as the "Precinct Building" which has 21,780
square feet.
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2. OWNERSHIP/USE/PURCHASE. 88/13/2804 83:13?
1111111 111• SPOK'NT"( COt M S H .9 Spokane Co, RR
A.Ownership of the Premises.
The CITY acknowledges that the COUNTY is the owner of the Premises. The Parties
acknowledge and agree that the total cost for the purchase and renovation of the Premises was
TWO MILLION FOUR HUNDRED THOUSAND DOLLARS ($2,400,000).
B. Terms and conditions under which the CITY may use the Precinct Building
located on the Premises.
The COUNTY agrees to allow the CITY to use a portion of the Precinct Building on a yearly
basis. The CITY agrees to pay the COUNTY a yearly"use fee" for its occupancy of the Precinct
Building and use of a proportionate share of the marked parking spaces on the Premises. The use
fee will consist of two components.
Component One will be a number representing the square footage rate normally charged lessees
for Class B space not including Operation and Maintenance ("O&M") costs. For calendar year
2003 the Parties agree that Component One for the City's 56% occupancy of the Precinct
Building was $9.00 per square foot or a total of$109.771 (56% of 21,780 square feet = 12,197
square feet. 12,197 square feet times $9.00 per square foot = $109,771). Since the CITY only
occupied the Precinct Building from June 1, 2003 to December 31, 2003, the CITY'S 2003
Component One charge is $64,033.20. For calendar year 2004 the Parties agree that Component
One for the CITY'S 56% occupancy of the Precinct Building will be $9.00 per square foot or a
total of $109,771. In the event this Agreement runs beyond 2004, Component One for all
subsequent years will be based on the CITY'S actual occupancy of the Precinct Building and a
$9.00 per square foot charge increased annually as of January 1 of each year in an amount equal
to the Consumer Price Index (CPI)—All Urban Consumers, "U.S. City Average" (also known as
Series ID:CUUROOOOSAO)as of December ls;of the previous year.
The CITY will not pay the COUNTY any money for Component One so long as it has a credit as
provided hereinafter. All amounts owing for Component One will be subtracted from the CITY'S
$975,046 credit toward the $1,344,000 purchase price for 56% of the Premises as calculated and
explained in Recital E. Each yearly credit of Component One will have the effect of increasing the
CITY'S actual purchase price of the Premises in the same amount. Attached hereto as Attachment
"A" and incorporated herein by reference is a document that the Parties agree accurately sets forth
the CITY'S financial contribution/credit toward the purchase and renovation costs of the Premises.
° Attachment "A" in chart form sets forth the narrative in Recital "E." Once the CITY has used its
credit of$975,046 in paying amounts owing for Component One,the CITY will be required to pay
the COUNTY all amounts owing for Component One on the same frequency as Component Two
discussed hereinafter. Any late payments of Component One as of this date shall,at the sole option
of the COUNTY, be subject to the same penalty assessment as provided for with regard to
Component Two. Since Component One is based on an agreed to yearly amount, there will not be
an adjust and settle for Component One at the end of any calendar year.
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Component Two will be a number representing a square footage charge for O&M allocated to all
• occupants of the Precinct Building based upon their percentage of square footage occupancy.
Attached hereto as Attachment "B" and incorporated herein by reference is a document that
generally summarizes the M&O costs that will be allocated to occupants of the Precinct Building.
The M&O costs include various categories of items including utilities (electric, water, sewer)
garbage,janitorial services, inspection services, COUNTY indirect costs, capital improvements
and miscellaneous M&O. The Parties acknowledge that there may be unanticipated, not budgeted
M&O costs in any calendar year as well as unanticipated not budgeted capital improvements in any
calendar year. The COUNTY Director of Administrative Services shall advise the CITY Manager
in writing on or before November 1g of each calendar year of the planned capital improvements for
the Precinct Building regardless of the cost for the following year. The COUNTY will consider the
C1TY's written comments on the planned capital improvements so long as they are received within
fifteen (15) calendar days of the date of the notification. The COUNTY's determination as to the
necessity of the planned'capital improvement shall be binding on the Parties. The COUNTY
Director of Administrative Services shall advise the CITY Manager as soon as possible of any
unanticipated not budgeted capital improvement. The costs of all capital improvements whether
planned or unanticipated shall be allocated in the year of the improvement and shall not be
amortized over the life of the improvement. For the purpose of this Agreement the terminology
"capital improvement(s)" shall mean any expenditure of$2,000.00 or more. Any such expenditure
will be coded as provided for in the BARS-manual adopted by the State of Washington under
chapter 43.88 RCW.
For calendar year 2003 the Parties agree that Component Two will be calculated at the end of the
calendar year based upon actual costs for M&O for the CITY'S 56% occupancy of the Precinct
Building from June 1, 2003 through December 31, 2003. For calendar year 2004 the Parties
agree that Component Two will be based on the CITY'S 56%occupancy of the Precinct Building
for same items set forth in Attachment `B." For purposes of monthly billings in 2004, and
subject to the adjust and settle provisions, the Parties agree that the monthly Component Two
billing for the CITY'S 56% occupancy of the Precinct Building will be $3,018.11 per month. In
the event this Agreement runs for subsequent calendar years, Component Two will be based
• : upon the same items set forth in Attachment "B" applied toward the CITY'S percentage of
occupancy for that calendar year.
COUNTY will bill CITY for Component One and Component Two monthly during the first
week of the month, except for amounts owing for 2003 that will be included in the first billing in
2004. All billings shall be sent to the CITY at the address set forth hereinafter. Monthly billings,
except for 2003 which will be billed in a lump sum, will be determined by dividing that yearly
amount for Component One as set forth and calculated hereinabove by twelve (12) and the
estimated monthly cost for 2004 for Component Two. Payments by CITY for Component Two
will be due by the 56 day of the following month. At the sole option of COUNTY, a penalty may
be assessed on any late payment by CITY for Component Two based on lost interest earnings had
the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool.
At the end of calendar year 2004 and subsequent years the Agreement is in effect, using actual
. ` ; M&O expenditures, COUNTY will each determine whether or not the estimated O&M numbers
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used as the basis for calculating O&M costs for Component Two were accurat he COUN I Y
will provide the CITY with documentation substantiating all actual M&O expenditures. The
CITY will be afforded a thirty (30) calendar day time frame to review and comment on the
expenditure documentation. The COUNTY agrees to consider any written concerns) which the
CITY raises with regard to its review of the expenditure documentation so long as it is received
within the thirty (30) day time frame. However, the COUNTY'S determination of the
expenditure will be controlling and binding on the Parties. To the extent that CITY was over
billed in any year, it will receive a credit to be applied as mutually agreed. If CITY was under
billed, it will receive a debit that will be due and payable in the next monthly payment or in the
event this Agreement is terminated within thirty (30) days of any billing. The adjustment will
normally take place in February,but no later than April 30th of the following year.
C.Terms and conditions under which the CITY may purchase 56% of the Premises.
COUNTY agrees to sell CITY 56% of the Premises. The 56% figure represents the amount of
space occupied by the CITY in the Precinct Building in 2003. The COUNTY has determined to
give the CITY credit in the event it determines to purchase 56% of the Premises. The credit is
• calculated by taking the total cost of the Premises ($2,400,000)and dividing it by the population of
the unincorporated area of Spokane County prior to the incorporation of the City of Spokane Valley
(201,849). ($2,400,000 _ 201,849 = 811.89) The resulting number of $11.89 represents the
•
unincorporated per capita cost of the Premises. This figure is then applied to the population of the
CITY at the date of incorporation(82,005). ($11.89 x 8Z005 = $975,046). The resulting number
of$975,046 represents the credit that COUNTY will afford the CITY if it had purchased 56% of
the Premises as of its official date of incorporation. 56% of the cost of.the Premises is $1,344,000.
($2.400,000 x 56% = $1,344,000) The credit of$975,046 is applied to the purchase price for 56%
of the Premises, which would have left a balance of$368,945 as the purchase price as of April 1,
2003. ($1,344,000—$975.046= $368,954.) For each year the CITY uses the Premises as provided
for in this Agreement the purchase price will increase. This is due to the fact that the CITY does
i not pay the COUNTY during its use of the Premises any money for Component One of the use fee.
Instead the amount due by the CITY for Component One is applied against its credit of$975,046
toward the purchase of 56% of the Premises. For example, in calendar year 2003, the amount
•
owning by the CITY for Component One of the use fee was $64,033.06. ($109,771 +12=
$9,147.58 per month. $9,147.58 x 7 [representing June 1, 2003-December 31, 2003]
$64,033.06). This amount was applied to the CITY'S credit for the purchase of 56% of the
Premises ($975,046). This would leave a credit remaining of $911,012.94. In the event the CITY
determined to purchase 56% of the Precinct Building, its credit toward the purchase price would
then be reduced by $64,033.06 thus it's the purchase price would increase $64,033.06 from the
$368,954 for a total purchase price of $432,987.06.
3. TERM. The term of this Agreement shall be retroactive to April 1, 2003 and shall run
through December 31st of each calendar year this Agreement is in effect. Either Party may
I ; terminate this Agreement for any reason whatsoever upon six (6) months written notice to the
•; other Party, with notice to be made no later than June 30th of any year, such that the termination
j . takes effect prior to or on December 31s`of any year. The six(6) month notice requirement will
!.. ( assist each Party in analyzing and adopting its budget for the ensuing calendar year. Provided,
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°
however, the Parties by mutual agreement may terminate this Agreement upon suc no ce
mutually agreed upon. Provided, further, upon termination of this Agreement and the CITY
determining to purchase its 56% occupancy of the Precinct Building from the COUNTY, the
purchase price will be based on the formula set forth in Attachment "A" and the CITY'S
9 Component Two credit to date. The Parties further agree that the COUNTY is providing the
CITY with a credit toward the purchase of the Precinct building only in the event the CITY
determines to purchase its 56% occupancy share of the Precinct building. The COUNTY is
under no obligation of any kind or nature to provide cash or in-kind services to the CITY for its
. citizen's proportionate share of the purchase price of the Premises.
4. UTILITIES. COUNTY shall furnish customary janitor/cleaning service, electricity for
lighting and operating of low power usage office machines, heat, normal office air conditioning,
and common area maintenance, during ordinary business hours of the Precinct Building. Phone
services will be the sole responsible of the CITY.
5. ALTERATIONS, ADDITIONS, OR IMPROVEMENTS. CITY shall not, without first
• obtaining the written consent of the COUNTY, make any alternations, additions, or
improvements in, to,or about the Premises or Precinct Building.
6.INSURANCE.
A. County will obtain and keep in force property insurance for the replacement cost of the
Precinct Building. The City will pay the County a share of the premium for this coverage based
upon its occupancy of the Precinct Building as of June 1, 2003 for calendar year 2003 and
January 1" for each subsequent year this Agreement is in effect. The cost of the City's share of
the premium associated with the property insurance will be included in Component Two.
B. Each Party shall carry its own property damage covering its personal contents and equipment.
Each Party is encouraged to carry business interruption insurance coverage.
• 3 C.Each Party shall carry Worker's Compensation Insurance in compliance with RCW 51.12.020,
which requires subject employers to provide workers'compensation coverage for all their subject
workers and Employer's Liability or Stop Gap Insurance in the amount of$1,000,000.
D. The County shall carry General Liability Insurance on an occurrence basis, with a combined
single limit of not less than $1,000,000 each occurrence and $2,000,000 aggregate for bodily
injury and property damage on the Premises. The Parties agree that the City will pay the County a
share of the premium for this coverage based upon its occupancy of the Precinct Building as of
June, 1, 2003 for calendar year 2003 and January lst for each subsequent year this Agreement is
in effect. The cost of the City's share of the premium will be included in Component Two. It
shall include premises and operations, independent contractors, products and completed
operations, personal injury liability, and contractual liability coverage for the indemnity provided
under the Agreement.
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CI1 M S IONERS < S;ookane Cu, WR xP'
E. Each Party shall carry Automobile Liability Insurance with a combined single limit, or the
'• equivalent of not less than $1,000,000 each accident for bodily injury and property damage,
including coverage for owned,hired and non-owned vehicles.
F. There shall be no cancellation, material change, reduction of limits or intent not to renew
insurance coverage(s)without thirty (30)days written notice from each Party or its insurer(s)to the
other Parties. Each Party shall furnish acceptable insurance certificates or self-insurance letter
from an authorized insurance risk pool to the other Parties upon request The certificate shall
specify applicable policy endorsements,the thirty(30)day cancellation clause,and the deduction or
retention level.
7.LIABILITY.
A. 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 its
obligations under the terms of 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,
E 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.
B. 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 its obligations under the
terms of 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.
C.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 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.
8.NOTICES. 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 (ii)
the third day following the day on which the same have been mailed by first class delivery,postage
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5111001
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SPO, COtII1ISSIONERS Spokane Co, WR
prepaid addressed to COUNTY or CITY shalrfrom time-to-tune esxgnate y notice ii wnnng to
the other Party:
COUNTY: Spokane County Chief Executive Officer
or his/her authorized representative
1116 West Broadway Avenue
Spokane,Washington 99260
Spokane County Director of Administrative Services
1116 West Broadway Avenue
Spokane, Washington 99260
CITY: City of Spokane Valley City Manager
or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
9. NO SEPARATE ENTITY CREATED. This Agreement does not create nor seek to create a
separate legal entity pursuant to RCW 39.34.030(3)(b).
10. FILING OF THIS AGREEMENT. The COUNTY shall cause this Agreement to be filed
• with the Spokane County Auditor.
•
11. AMENDMENTS. This Agreement may be amended at anytime by mutual Agreement of
both Parties executed with the same formalities as the present Agreement.
12. SEVERABILTTY. 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, 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.
•
13. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
14. NO WAIVER No officer, employee, or agent or otherwise of the CITY or COUNTY has
the power, right or authority to waive any of the conditions or provisions of this Agreement. No
waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent
breach. All remedies afforded in this Agreement at law shall be taken and construed as
cumulative, that is, in addition to every other remedy provided herein or by law. Failure of any
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gp k3ane�Go, Wil i S>'OI11141$1101,111111141113101
T1S Ofi RS
Party to enforce, at any time, any of the provestonns`�-This Agreement or to require, at any time,
performance by the other Parties of any provisions shall not, in any way, affect the validity of this
Agreement or any part hereof, or the right of any Party to hereafter enforce each and every such
• provision.
15. HEADINGS. Headings are inserted for convenience of reference only and are not to be
deemed part of or to be used in construing this Agreement.
. 1
16. ASSIGNMENT. No Party may assign its interest in this Agreement without the express
written consent of the other Party,which shall not be unreasonably withheld.
17. COMPLIANCE WITH LAWS. The Parties shall observe all federal, state and local laws,
ordinances and regulations, to the extent that they may be applicable to the terms of this
Agreement.
18. VENUE. This Agreement shall be construed under the laws of Washington State. Any
action at law, suit in equity or judicial proceeding regarding this Agreement or any of its
provisions shall be instituted only in courts of competent jurisdiction within Spokane County,
Washington.
19. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each
of which, when so executed and delivered, shall be an original, but such counterparts shall
together constitute but one and the same.
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed --��
on this 3rd day of Accsi ,2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
VICKY M.DALTON, OF SPOKANE COUNTY,WASH -ON
• •. Clerk of fe .:oard
/ - r .
By:
I . . i't 'V 11 HA' ' Ch•ir
' c DANTELA ERICKSO2,,- ‘.,, �� � � (
Deputy Clerk r o/ CoM s,,`∎,� �` t��'I"�1L. O
• .4P ;0-:ep�yf°�t�,�I to M • TE , CASLIN,Vice-Chair
. - .10 40'OSKELLEY
► J'lj.•.sE,u-.•' '
Attest/ `x h't C Cl Y OF SPOKANE VALLEY:
h . , r o By -.G4-1-e
ristine Bainbridge,City Clerk 1, DAVID MER TER
Its:CityyvIanager
: I . Ape ove e ... o orrn only:i (Title)
• Cary '1 Dris ,P Deputy City Attorney
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S TY 111 101111SIO Spokane Co, U8
•
• City of Spokane Valley Contribution to Premises Purchase
Facility Purchase and Renovation Costs S2,400,000
Divided by:
Unincorporated Population at Time of Purchase 201,849
• Equals:
• Per Unincorporated Capita Cost of Facility $11.89
Multiply by:
City of Spokane Valley Population 82,005
Equals:
City of Spokane Valley Contribution $975,046
City of Spokane Valley Purchase 56%Ownership in Premises
Facility Purchase and Renovation Costs $2,400,000
Multiply by:
• City of Spokane Valley Occupancy 56%
Equals: •
City of Spokane Valley Share of Purchase Cost $1,344,000
Less:
City of Spokane Valley Credit 5(975,046)
• Equals:
City of Spokane Valley Payment to Spokane County $368,954
ATTACHMENT"A"
i
3
Valley Precinct Building Summary of 2003 Expenses and
2004 Estimate for City of Spokane Valley
June-December 2003 2004
City of
Spokane City of Spokane City of
County Spokane Valley Per Spokane
Total Paid (44%) Valley (56%) Month * Valley Annual
Utilities 14,300.62 6,292.27 8,008.35 1,144.05 13,728.60
Janitorial Sery 12,782.00 5,624.08 7,157.92 1,227.07 *' 14,724.86
Inspection Sery 620.69 273.11 347.59
Insurance 5,128.80 2,256.67 2,872.13 410.30 4,923.65 ��
Professional 1,527.02 671.89 855.13 122.16 1,465.94 s
Other 1,431.53 629.87 801.66 114.52 1,374.27
TOTALS 35,790.66 15,747.90 20,042.77 3,018.11 36,217.32
* Per Month calculated by dividing the City of Spokane Valley June-December 2003 amount by seven. n
**Janitorial increased by 20%over 2003 1
ATTACHMENT B 1
o -o
.
•
NO 4 0677
•
• BEFORE THE BOARD OF COUNTY COMMISSIONERS
• OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF EXECUTING AN )
INTERLOCAL COOPERATION )
AGREEMENT BETWEEN SPOKANE ) RESOLUTION
COUNTY AND THE CITY OF )
SPOKANE VALLEY WITH REGARD )
TO THE PRECINCT BUILDING )
LOCATED AT 12710 EAST SPRAGUE )
AVENUE,SPOKANE VALLEY, )
WASHINGTON 99216 )
WHEREAS, pursuant to the provisions of the RCW 36.32.120(6), the Board of County
Commissioners of Spokane County (hereinafter the`Board") has the care of County property and
the management of County 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. Provided, however, under RCW 35.02.220 the County was responsible for
providing law enforcement services for a period of sixty (60) days from the official date of
' incorporation or through May 31,2003; and
;• WHEREAS, pursuant to the provisions of chapter 39.34 RCW (Interlocal Cooperation
•
Act), counties and cities may contract with each other to perform certain functions which each may
legally perform; and
WHEREAS, pursuant to the provisions of RCW 36.34.130, the Board of County
Commissioners of Spokane County may dispose of County property to another governmental
agency upon such terms as may be agreed upon and for such consideration as may be deemed by
the Board of County Commissioners to be adequate; and
WHEREAS, prior to the incorporation of the City of Spokane Valley, Spokane County
acquired that parcel of property located at 12710 East Sprague Avenue, Spokane Valley,
Washington, 99216, to include the building (`Precinct Building") thereon hereinafter jointly
referred to as the "Premises." The Precinct Building was subsequently renovated. The total cost for
the purchase of the property and renovation of the Precinct Building was $2,400,000. Spokane
County ("County") and the City of Spokane Valley ("City") have discussed the City purchasing
! i 56% of the Premises. The 56% figure represents the amount of space occupied by the City in the
Precinct Building in 2003. Recognizing that the citizens within the now incorporated limits of the
City of Spokane Valley helped pay for the purchase of the Premises and renovation of the Precinct
Building through payment of various taxes, Spokane County desires to give the City credit in the
• i Page 1 of 2
i
4067 •
event it determines to purchase 56% of the Premises. The credit is calculated by taking the total
cost of the Premises ($2,400,000) and dividing it by the population of the unincorporated area of
Spokane County prior to the incorporation of the City of Spokane Valley (201,849). ($2,400,000
•
201,849 = $11.89)The resulting number of$11.89 represents the unincorporated per capita cost of
! , the Premises. This figure is then applied to the population of the City at the date of incorporation
• (82,500). ($11.89 x 82,500 = $975,046). The resulting number of$975,046 represents the credit
. that the County will afford the City if it determines to purchase 56% of the Premises. 56% of the
cost of the Premises is $1,344,000. ($2.400,000 x 56% = $1,344,000) The credit of$975,046 is
applied to the purchase price for 56% of the Premises, which leaves a balance of $368,945.
($1,344,000—$975,046= $368,954.)
• . WHEREAS, the County and City desire to reduce to writing their understanding as to the
(i) ownership of the Premises, (ii) terms and conditions under which the City may occupy the
Precinct Building located on the Premises, and (iii) terms and conditions under which the City may
purchase 56%of the Premises.
i •
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, be and is hereby authorized to execute that document entitled "INTERLOCAL
COOPERATION AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF
• SPOKANE VALLEY WITH REGARD TO THE PRECINCT BUILDING" pursuant to which,
under certain terms and conditions, commencing June 1, 2003 and running until terminated by
six (6) months notice by either party, the County and City desire to reduce to writing their
understanding as to the (i) ownership of the Premises located at 12710 East Sprague Avenue,
Spokane Valley, Washington, 99216, (ii) terms and conditions under which the City may occupy
the Precinct Building located on the Premises, and (iii) terms and conditions under which the City
may purchase 56%of the Premises. �����//
• PASSED AND j !.:.•„1 thisc:�GC,day of 2004-
/'
(ft CO1U1 ,
• �o 4:Ofea.6 ? 14 BOARD OF COUNTY COMMISSIONERS
s ' :40
*s ���. ' OF SPOKANE,COUNTY,WASHINGTON
• 418 • ded
//SSG_ •
.` ,= Cli D HARRIS,Chair
A''TEST: �
VICKY M. DALTON
CLERK OF THE BOARD
M.ATE MI CASLIN, Vice Chair
BY: %FL,
Daniela Erickson,Deputy JO ROSKELLF.Y
Page 2 of 2
CI1Y RECEIVED
SÔ1hIhhh1 an e
�allev JUL 262
11707 E.Sprague Ave. • Suite 106• Spge S
(509)921-1000 • Fax(509)921-1008 • cityhall @spokanevalley.org
= July 23,2004
Daniela Erickson,Clerk of the Board
Board of County Commissioners
1116 W.Broadway
Spokane,WA 99260
• • RE: Interlocal Cooperation Agreement Between Spokane County and the City of Spokane Valley
With Regard to the Precinct Building
Dear Daniela:
Enclosed is the original Interlocal signed by our City Manager, and ready for Commissioners signatures
and ultimate recording. Council approved this interlocal at their July 20,2004 Council Study Session.
Thank you for your assistance in this matter.
Sinccrcl
•
ris Bainbridge,CMC
City Clerk
/cb
Enc.
•
[j.
I.s
Sfio1
ane
Valle
Y 11707 E.Sprague Ave. • Suite 106 • Spokane Valley,WA 99206
(509)921-1000 • Fax(509)921-1008 • cityhall @spokanevalley.org
July 23, 2004
Daniela Erickson, Clerk of the Board
Board of County Commissioners
1 1 16 W. Broadway
Spokane, WA 99260
RE: Interlocal Cooperation Agreement Between Spokane County and the City of Spokane Valley
With Regard to the Precinct Building
Dear Daniela:
Enclosed is the original Interlocal signed by our City Manager, and ready for Commissioners signatures
and ultimate recording. Council approved this interlocal at their July 20, 2004 Council Study Session.
Thank you for your assistance in this matter.
Sincerel
kris Bainbridge, CMC
City Clerk
•
/cb
Enc.
6f V—a2,4
Return to: Daniela Erickson, Clerk of the Board.
Board of County Commissioners
1116 W. Broadway
Spokane,Washington 99260
INTERLOCAL COOPERATION AGREEMENT BETWEEN SPOKANE COUNTY AND
THE CITY OF SPOKANE VALLEY WITH REGARD TO THE PRECINCT BUILDING
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 the 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
sometimes referred to as the "Parties."
RECITALS:
A. 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
B. 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. Provided, however, under RCW 35.02.220 the County was responsible for providing law
enforcement services for a period of sixty (60) days from the official date of incorporation or
through May 31,2003; and
C. Pursuant to the provisions of chapter 39.34 RCW (Interlocal Cooperation Act), counties
and cities may contract with each other to perform certain functions which each may legally
perform; and
D. Pursuant to the provisions of RCW 36.34.130, the Board of County Commissioners of
Spokane County may dispose of County property to another governmental agency upon such terms
Page 1 of 9
as may be agreed upon and for such consideration as may be deemed by the Board of County
Commissioners to be adequate; and
E. Prior to the incorporation of the City of Spokane Valley, Spokane County acquired that
parcel of property located at 12710 East Sprague Avenue, Spokane Valley, Washington, 99216, to
include the building ("Precinct Building") thereon hereinafter jointly referred to as the "Premises."
The Precinct Building was subsequently renovated. The total cost for the purchase of the property
and renovation of the Precinct Building was $2,400,000. Spokane County ("County") and the City
of Spokane Valley ("City") have discussed the City purchasing 56% of the Premises. The 56%
figure represents the amount of space occupied by the City in the Precinct Building in 2003.
Recognizing that the citizens within the now incorporated limits of the City of Spokane Valley
helped pay for the purchase of the Premises and renovation of the Precinct Building through
payment of various taxes, Spokane County desires to give the City credit in the event it determines
to purchase 56% of the Premises. The credit is calculated by taking the total cost of the Premises
($2,400,000) and dividing it by the population of the unincorporated area of Spokane County prior
to the incorporation of the City of Spokane Valley (201,849). ($2,400,000 - 201,849 = $11.89)
The resulting number of$11.89 represents the unincorporated per capita cost of the Premises. This
figure is then applied to the population of the City at the date of incorporation (82,500). ($11.89 x
82,500 = $975,046). The resulting number of$975,046 represents the credit that the County will
afford the City if it determines to purchase 56% of the Premises. 56%of the cost of the Premises is
$1,344,000. ($2,400,000 x 56% = $1,344,000) The credit of$975,046 is applied to the purchase
price for 56% of the Premises, which leaves a balance of $368,945. ($1,344,000 — $975,046 =
$368,954.) [See Attachment"A" for calculations in another format.] The County and City desire to
reduce to writing their understanding as to the (i) ownership of the Premises, (ii) terms and
conditions under which the City may occupy the Precinct Building located on the Premises, and(iii)
terms and conditions under which the City may purchase 56%of the Premises.
NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter
and as provided for in the above-referenced recitals, which are made a part of this Agreement and
incorporated herein, the Parties do hereby agree as follows:
1. PURPOSE. The purpose of this Agreement is to set forth the Parties' understanding
regarding:
(i) ownership of the Premises,
(ii) terms and conditions under which the CITY may occupy the Precinct Building located on
the Premises,
(iii) terms and conditions under which the CITY may purchase 56%of the Premises,
The terminology"Premises" shall mean that parcel of property located at 12710 East Sprague
Avenue, Spokane Valley, Washington, 99216, consisting of approximately 105,519 square feet,
including a building thereon hereinafter referred to as the "Precinct Building" which has 21,780
square feet.
Page 2 of 9
2. OWNERSHIP/USE/PURCHASE.
A. Ownership of the Premises.
The CITY acknowledges that the COUNTY is the owner of the Premises. The Parties
acknowledge and agree that the total cost for the purchase and renovation of the Premises was
TWO MILLION FOUR HUNDRED THOUSAND DOLLARS ($2,400,000).
B. Terms and conditions under which the CITY may use the Precinct Building
located on the Premises.
The COUNTY agrees to allow the CITY to use a portion of the Precinct Building on a yearly
basis. The CITY agrees to pay the COUNTY a yearly "use fee" for its occupancy of the Precinct
Building and use of a proportionate share of the marked parking spaces on the Premises. The use
fee will consist of two components.
Component One will be a number representing the square footage rate normally charged lessees
for Class B space not including Operation and Maintenance ("O&M") costs. For calendar year
2003 the Parties agree that Component One for the City's 56% occupancy of the Precinct
Building was $9.00 per square foot or a total of$109.771 (56% of 21,780 square feet = 12,197
square feet. 12,197 square feet times $9.00 per square foot = $109,771). Since the CITY only
occupied the Precinct Building from June 1, 2003 to December 31, 2003, the CITY'S 2003
Component One charge is $64,033.20. For calendar year 2004 the Parties agree that Component
One for the CITY'S 56% occupancy of the Precinct Building will be $9.00 per square foot or a
total of $109,771. In the event this Agreement runs beyond 2004, Component One for all
subsequent years will be based on the CITY'S actual occupancy of the Precinct Building and a
$9.00 per square foot charge increased annually as of January 1 of each year in an amount equal
to the Consumer Price Index (CPI) —All Urban Consumers, "U.S. City Average" (also known as
Series ID:CUUR000OSAO) as of December 1$`of the previous year.
The CITY will not pay the COUNTY any money for Component One so long as it has a credit as
provided hereinafter. All amounts owing for Component One will be subtracted from the CITY'S
$975,046 credit toward the $1,344,000 purchase price for 56% of the Premises as calculated and
explained in Recital E. Each yearly credit of Component One will have the effect of increasing the
CITY'S actual purchase price of the Premises in the same amount. Attached hereto as Attachment
"A" and incorporated herein by reference is a document that the Parties agree accurately sets forth
the CITY'S financial contribution/credit toward the purchase and renovation costs of the Premises.
Attachment "A" in chart form sets forth the narrative in Recital "E." Once the CITY has used its
credit of$975,046 in paying amounts owing for Component One, the CITY will be required to pay
the COUNTY all amounts owing for Component One on the same frequency as Component Two
discussed hereinafter. Any late payments of Component One as of this date shall, at the sole option
of the COUNTY, be subject to the same penalty assessment as provided for with regard to
Component Two. Since Component One is based on an agreed to yearly amount, there will not be
an adjust and settle for Component One at the end of any calendar year.
Page 3 of 9
Component Two will be a number representing a square footage charge for O&M allocated to all
occupants of the Precinct Building based upon their percentage of square footage occupancy.
Attached hereto as Attachment "B" and incorporated herein by reference is a document that
generally summarizes the M&O costs that will be allocated to occupants of the Precinct Building.
The M&O costs include various categories of items including utilities (electric, water, sewer)
garbage, janitorial services, inspection services, COUNTY indirect costs, capital improvements
and miscellaneous M&O. The Parties acknowledge that there may be unanticipated, not budgeted
M&O costs in any calendar year as well as unanticipated not budgeted capital improvements in any
calendar year. The COUNTY Director of Administrative Services shall advise the CITY Manager
in writing on or before November ls` of each calendar year of the planned capital improvements for
the Precinct Building regardless of the cost for the following year. The COUNTY will consider the
CITY's written comments on the planned capital improvements so long as they are received within
fifteen (15) calendar days of the date of the notification. The COUNTY's determination as to the
necessity of the planned capital improvement shall be binding on the Parties. The COUNTY
Director of Administrative Services shall advise the CITY Manager as soon as possible of any
unanticipated not budgeted capital improvement. The costs of all capital improvements whether
planned or unanticipated shall be allocated in the year of the improvement and shall not be
amortized over the life of the improvement. For the purpose of this Agreement the terminology
"capital improvement(s)" shall mean any expenditure of$2,000.00 or more. Any such expenditure
will be coded as provided for in the BARS-manual adopted by the State of Washington under
chapter 43.88 RCW.
For calendar year 2003 the Parties agree that Component Two will be calculated at the end of the
calendar year based upon actual costs for M&O for the CITY'S 56% occupancy of the Precinct
Building from June 1, 2003 through December 31, 2003. For calendar year 2004 the Parties
agree that Component Two will be based on the CITY'S 56% occupancy of the Precinct Building
for same items set forth in Attachment "B." For purposes of monthly billings in 2004, and
subject to the adjust and settle provisions, the Parties agree that the monthly Component Two
billing for the CITY'S 56% occupancy of the Precinct Building will be $3,018.11 per month. In
the event this Agreement runs for subsequent calendar years, Component Two will be based
upon the same items set forth in Attachment `B" applied toward the CITY'S percentage of
occupancy for that calendar year.
COUNTY will bill CITY for Component One and Component Two monthly during the first
week of the month, except for amounts owing for 2003 that will be included in the first billing in
2004. All billings shall be sent to the CITY at the address set forth hereinafter. Monthly billings,
except for 2003 which will be billed in a lump sum, will be determined by dividing that yearly
amount for Component One as set forth and calculated hereinabove by twelve (12) and the
estimated monthly cost for 2004 for Component Two. Payments by CITY for Component Two
will be due by the 5th day of the following month. At the sole option of COUNTY, a penalty may
be assessed on any late payment by CITY for Component Two based on lost interest earnings had
the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool.
At the end of calendar year 2004 and subsequent years the Agreement is in effect, using actual
M&O expenditures, COUNTY will each determine whether or not the estimated O&M numbers
Page 4 of 9
used as the basis for calculating O&M costs for Component Two were accurate. The COUNTY
will provide the CITY with documentation substantiating all actual M&O expenditures. The
CITY will be afforded a thirty (30) calendar day time frame to review and comment on the
expenditure documentation. The COUNTY agrees to consider any written concerns) which the
CITY raises with regard to its review of the expenditure documentation so long as it is received
within the thirty (30) day time frame. However, the COUNTY's determination of the
expenditure will be controlling and binding on the Parties. To the extent that CITY was over
billed in any year, it will receive a credit to be applied as mutually agreed. If CITY was under
billed, it will receive a debit that will be due and payable in the next monthly payment or in the
event this Agreement is terminated within thirty (30) days of any billing. The adjustment will
normally take place in February, but no later than April 30th of the following year.
C. Terms and conditions under which the CITY may purchase 56% of the Premises.
COUNTY agrees to sell CITY 56% of the Premises. The 56% figure represents the amount of
space occupied by the CITY in the Precinct Building in 2003. The COUNTY has determined to
give the CITY credit in the event it determines to purchase 56% of the Premises. The credit is
calculated by taking the total cost of the Premises ($2,400,000) and dividing it by the population of
the unincorporated area of Spokane County prior to the incorporation of the City of Spokane Valley
(201,849). ($2,400,000 _ 201,849 = $11.89) The resulting number of $11.89 represents the
unincorporated per capita cost of the Premises. This figure is then applied to the population of the
CITY at the date of incorporation (82,005). ($11.89 x 82,005 = $975,046). The resulting number
of$975,046 represents the credit that COUNTY will afford the CITY if it had purchased 56% of
the Premises as of its official date of incorporation. 56% of the cost of the Premises is $1,344,000.
($2.400,000 x 56% = $1,344,000) The credit of$975,046 is applied to the purchase price for 56%
of the Premises, which would have left a balance of$368,945 as the purchase price as of April 1,
2003. ($1,344,000—$975.046 = $368,954.) For each year the CITY uses the Premises as provided
for in this Agreement the purchase price will increase. This is due to the fact that the CITY does
not pay the COUNTY during its use of the Premises any money for Component One of the use fee.
Instead the amount due by the CITY for Component One is applied against its credit of$975,046
toward the purchase of 56% of the Premises. For example, in calendar year 2003, the amount
owning by the CITY for Component One of the use fee was $64,033.06. ($109,771 =12=
$9,147.58 per month. $9,147.58 x 7 [representing June 1, 2003-December 31, 2003] _
$64,033.06). This amount was applied to the CITY'S credit for the purchase of 56% of the
Premises ($975,046). This would leave a credit remaining of $911,012.94. In the event the CITY
determined to purchase 56% of the Precinct Building, its credit toward the purchase price would
then be reduced by $64,033.06 thus it's the purchase price would increase $64,033.06 from the
$368,954 for a total purchase price of $432,987.06.
3. TERM. The term of this Agreement shall be retroactive to April 1, 2003 and shall run
through December 31St of each calendar year this Agreement is in effect. Either Party may
terminate this Agreement for any reason whatsoever upon six (6) months written notice to the
other Party, with notice to be made no later than June 30th of any year, such that the termination
takes effect prior to or on December 31St of any year. The six (6) month notice requirement will
assist each Party in analyzing and adopting its budget for the ensuing calendar year. Provided,
Page 5 of 9
however, the Parties by mutual agreement may terminate this Agreement upon such notice
mutually agreed upon. Provided, further, upon termination of this Agreement and the CITY
determining to purchase its 56% occupancy of the Precinct Building from the COUNTY, the
purchase price will be based on the formula set forth in Attachment "A" and the CITY'S
Component Two credit to date. The Parties further agree that the COUNTY is providing the
CITY with a credit toward the purchase of the Precinct building only in the event the CITY
determines to purchase its 56% occupancy share of the Precinct building. The COUNTY is
under no obligation of any kind or nature to provide cash or in-kind services to the CITY for its
citizen's proportionate share of the purchase price of the Premises.
4. UTILITIES. COUNTY shall furnish customary janitor/cleaning service, electricity for
lighting and operating of low power usage office machines, heat, normal office air conditioning,
and common area maintenance, during ordinary business hours of the Precinct Building. Phone
services will be the sole responsible of the CITY.
5. ALTERATIONS, ADDITIONS, OR IMPROVEMENTS. CITY shall not, without first
obtaining the written consent of the COUNTY, make any alternations, additions, or
improvements in, to, or about the Premises or Precinct Building.
6.INSURANCE.
A. County will obtain and keep in force property insurance for the replacement cost of the
Precinct Building. The City will pay the County a share of the premium for this coverage based
upon its occupancy of the Precinct Building as of June 1, 2003 for calendar year 2003 and
January 1'1 for each subsequent year this Agreement is in effect. The cost of the City's share of
the premium associated with the property insurance will be included in Component Two.
B. Each Party shall carry its own property damage covering its personal contents and equipment.
Each Party is encouraged to carry business interruption insurance coverage.
C. Each Party shall carry Worker's Compensation Insurance in compliance with RCW 51.12.020,
which requires subject employers to provide workers' compensation coverage for all their subject
workers and Employer's Liability or Stop Gap Insurance in the amount of$1,000,000.
D. The County shall carry General Liability Insurance on an occurrence basis, with a combined
single limit of not less than $1,000,000 each occurrence and $2,000,000 aggregate for bodily
injury and property damage on the Premises. The Parties agree that the City will pay the County a
share of the premium for this coverage based upon its occupancy of the Precinct Building as of
June, 1, 2003 for calendar year 2003 and January 15` for each subsequent year this Agreement is
in effect. The cost of the City's share of the premium will be included in Component Two. It
shall include premises and operations, independent contractors, products and completed
operations, personal injury liability, and contractual liability coverage for the indemnity provided
under the Agreement.
Page 6 of 9
E. Each Party shall carry Automobile Liability Insurance with a combined single limit, or the
equivalent of not less than $1,000,000 each accident for bodily injury and property damage,
including coverage for owned, hired and non-owned vehicles.
F. There shall be no cancellation, material change, reduction of limits or intent not to renew
insurance coverage(s) without thirty(30) days written notice from each Party or its insurer(s)to the
other Parties. Each Party shall furnish acceptable insurance certificates or self-insurance letter
from an authorized insurance risk pool to the other Parties upon request. The certificate shall
specify applicable policy endorsements, the thirty(30) day cancellation clause, and the deduction or
retention level.
7. LIABILITY.
A. 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 its
obligations under the terms of 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.
B. 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 its obligations under the
terms of 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.
C. 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 indemnified party with a fiill 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.
8. NOTICES. 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 (ii)
the third day following the day on which the same have been mailed by first class delivery, postage
Page 7 of 9
prepaid addressed to COUNTY or CITY shall from time-to-time designate by notice in writing to
the other Party:
COUNTY: Spokane County Chief Executive Officer
or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
Spokane County Director of Administrative Services
1116 West Broadway Avenue
Spokane, Washington 99260
CITY: City of Spokane Valley City Manager
or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
9. NO SEPARATE ENTITY CREATED. This Agreement does not create nor seek to create a
separate legal entity pursuant to RCW 39.34.030(3)(b).
10. FILING OF THIS AGREEMENT. The COUNTY shall cause this Agreement to be filed
with the Spokane County Auditor.
11. AMENDMENTS. This Agreement may be amended at anytime by mutual Agreement of
both Parties executed with the same formalities as the present Agreement.
12. 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, 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.
13. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
14. NO WAIVER No officer, employee, or agent or otherwise of the CITY or COUNTY has
the power, right or authority to waive any of the conditions or provisions of this Agreement. No
waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent
breach. All remedies afforded in this Agreement at law shall be taken and construed as
cumulative, that is, in addition to every other remedy provided herein or by law. Failure of any
Page 8 of 9
Party to enforce, at any time, any of the provisions of this Agreement or to require, at any time,
performance by the other Parties of any provisions shall not, in any way, affect the validity of this
Agreement or any part hereof, or the right of any Party to hereafter enforce each and every such
provision.
15. HEADINGS. Headings are inserted for convenience of reference only and are not to be
deemed part of or to be used in construing this Agreement.
16. ASSIGNMENT. No Party may assign its interest in this Agreement without the express
written consent of the other Party, which shall not be unreasonably withheld.
17. COMPLLAaNCE WITH LAWS. The Parties shall observe all federal, state and local laws,
ordinances and regulations, to the extent that they may be applicable to the terms of this
Agreement.
18. VENUE. This Agreement shall be construed under the laws of Washington State. Any
action at law, suit in equity or judicial proceeding regarding this Agreement or any of its
provisions shall be instituted only in courts of competent jurisdiction within Spokane County,
Washington.
19. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each
of which, when so executed and delivered, shall be an original, but such counterparts shall
together constitute but one and the same.
TN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
on this day of , 2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
VICKY M. DALTON, OF SPOKANE COUNTY,WASHINGTON
Clerk of the Board
By: PRILLIP D.HARRIS, Chair
DANIELA ERICKSON
Deputy Clerk
M.KATE MCCASLIN, Vice-Chair
JOHN ROSKELLEY
Attest: CITY OF SPOKANE VALLEY:
1.
B} 7Z-7R �u h 41�_—. , 7
ristine Bainbridge, City Clerk / DAVID MFR
Its: City Manager
Ap ve• o m (Title)
Cary Drisl' Deputy City Attorney
Page 9 of 9
City of Spokane Valley Contribution to Premises Purchase
Facility Purchase and Renovation Costs $2,400,000
Divided by:
Unincorporated Population at Time of Purchase 201,849
Equals:
Per Unincorporated Capita Cost of Facility $11.89
Multiply by:
City of Spokane Valley Population 82,005
Equals:
City of Spokane Valley Contribution $975,046
City of Spokane Valley Purchase 56% Ownership in Premises
Facility Purchase and Renovation Costs 52,400,000
Multiply.by:
City of Spokane Valley Occupancy 56%
Equals:
City of Spokane Valley Share of Purchase Cost S1,344,000
Less:
City of Spokane Valley Credit $(975,046)
Equals:
City of Spokane Valley Payment to Spokane County $368,954
ATTACHMENT "A"
Valley Precinct Building
Summary of 2003 Expenses
and
2004 Estimate for City of Spokane Valley
June-December 2003 2004
City of
Spokane City of Spokane City of
County Spokane Valley Per Spokane
Total Paid (44%) Valley (56%) Month * Valley Annual
Utilities 14,300.62 6,292.27 8,008.35 1,144.05 13,728.60
Janitorial Sery 12,782.00 5,624.08 7,157.92 1,227.07 *' 14,724.86
Inspection Sery 620.69 273.11 347.59
Insurance 5,128.80 2,256.67 2,872.13 410.30 4,923.65
Professional 1,527.02 671.89 855.13 122.16 1,465.94
Other 1,431.53 629.87 801.66 114.52 1,374.27
TOTALS 35,790.66 15,747.90 20,042.77 33018.11 36,217.32
* Per Month calculated by dividing the City of Spokane Valley June-December 2003 amount by seven.
*' Janitorial increased by 20% over 2003
ATTACHMENT B