20-100.00 Spokane County: Site Plan Data Sharing o'w
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY
For Data Sharing Regarding Building Permits and
Corresponding Documents and Building Plans
WHEREAS,the City of Spokane Valley(City)receives and processes building permits,and such
permit information and data is stored within its SmartGOV database, which is hosted by Dude Solutions,
Inc.;and
WHEREAS, the Spokane County Assessor's Office(Assessor) desires to use the City's building
permit data to more expediently value and assess properties within the City; and
WHEREAS, the City and Assessor(collectively the Parties) agree that sharing such data will be
beneficial to the Parties; and
WHEREAS, the Parties desire to enter into this Memorandum of Understanding (MOU) to
establish the mutually agreed terms for such.data sharing.
NOW,THEREFORE,the City and Assessor do hereby agree as follows:
I.PURPOSE
This MOU is specific to the sharing of City building permit site plans with the Assessor. The Parties
agree the data being shared will solely be for the purpose of the Assessor to use for the discovery of
properties to assess, and for supporting more accurate assessment values. Such usage will provide for
more expedient valuation by the Assessor and a higher level of property valuation accuracy and equity
from parcel to parcel within the City. The shared data may only be used for research and/or analytical
purposes by the Assessor as provided in this MOU.
II.PERIOD OF AGREEMENT
This MOU shall be in full force and effect upon execution by both Parties and shall remain in effect until
December 31,2022.
Either Party may terminate this MOU prior to December 31, 2022, by providing the other Party with at
least 30 days' written notice.
M.RESPONSIBILITIES OF CITY
A. The City shall share building permit site plans residing on City's SmartGOV database under the
"notes"tab of each"BLD"permit case(collectively,the"data"), which is hosted by Dude Solutions,Inc.
(SmartGOV vendor)as provided herein.
B. Upon execution of this MOU, the City shall notify Dude Solutions, Inc. to write the data from the
City's SmartGOV database to Spokane County's Amazon Web Services cloud storage area, which is
known as"SpokanelT/SmartGOV".
C. The City shall not be responsible for any delay,disruption, or failure by Dude Solutions, Inc.to write
the data as provided herein. City provides no warranty for the quality or completeness of data written by
Dude Solutions,Inc.and all data is provided as-is in the format received by City from building applicants.
D. City shall not be responsible for any extra costs imposed or incurred by Dude Solutions, Inc.to write
the data from City's SmartGOV database to SpokaneIT/SmartGOV.
IV.RESPONSIBILITIES OF ASSESSOR
A. The Assessor shall maintain the SpokaneIT/SmartGOV to allow the data to be written.
B. The Assessor shall be responsible for ensuring that Dude Solutions,Inc,transmits data in an encrypted
format that is consistent with the rules and standards promulgated by Federal statutory requirements
regarding the electronic transmission of identifiable information.
C. Data written and transmitted by Dude Solutions,Inc. shall reside on the SpokaneIT/SmartGOV.
D. Spokane County shall be responsible for the observance of all conditions for use, establishment, and
maintenance of SpokaneIT/SmartGOV and other necessary third-party agreements, including but not
limited to any agreements with Dude Solutions, Inc., as may be required to effect this MOU and to
prevent unauthorized use.
E. Spokane County represents and warrants further that, except as specified in an attachment or except as
authorized in writing, it shall not allow such shared data to be disclosed, released, shown, sold, rented,
leased, loaned,or otherwise permit any access to persons outside of the Assessor's Office. Access to the
shared data shall be limited to the minimum number of individuals necessary to achieve the purpose
stated in this section and to those individuals on a need-to-know basis only.
F. The Assessor, with assistance from the Spokane County IT department, agrees to establish
appropriate administrative, technical, and physical safeguards to protect the confidentiality of the
data and to prevent unauthorized use or access to it except as otherwise allowed or required by law.
Furthermore, as the data will be shared within the same county (Spokane County) and the same state
(Washington State), it will be subjected to all applicable requirements regarding privacy and
confidentiality that are described herein.
Data shared by the City that resides on the SpokaneIT/SmartGOV shall be considered records of the
Assessor and Spokane County for purposes of chapter 42.56 RCW(Public Records Act). City shall have
no responsibility or liability for any records requests for such data made directly to the Assessor or
Spokane County for data residing on the SpokaneIT/SmartGOV. City shall not be liable for any actions
taken by Spokane County or Assessor for records requests for such data residing on the
SpokaneIT/SmartGOV.
G. Spokane County and Assessor shall be responsible for any and all costs with maintaining
SpokaneIT/SmartGOV and maintenance of shared data. Spokane County and Assessor shall be
responsible for any and all additional costs imposed or incurred by City in allowing Dude Solutions, Inc.
to write the shared data to SpokaneIT/SmartGOV.
H. The Signatory represents and warrants they have authority to bind Spokane County and Assessor to
this MOU and the terms herein.
V. INDEMNIFICATION
A. Spokane County and Assessor shall indemnify and hold harmless the City and its officers,
agents, and employees, 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 the Assessor, its officers, agents and employees,relating to or arising out of performing services
pursuant to this MOU. In the event that any suit based upon such claim, action, loss, or damages is
brought against the City, Spokane County and Assessor shall defend the same at its sole cost and
expense; provided that the City reserves the right to participate in said suit if any principle of
governmental or publib law is involved; and if final judgment in said suit be rendered against the
City, and its officers, agents, and employees, or jointly against the City and Spokane County and
Assessor and their respective officers, agents, and employees, Spokane County and Assessor shall
satisfy the same.
B. The City shall indemnify and hold harmless Spokane County and Assessor and its officers,
agents, and employees, 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 the City, its officers, agents and employees, relating to or arising out of performing services
pursuant to this MOU. In the event that any suit based upon such claim, action, loss, or damages is
brought against Spokane County and-Assessor, the City shall defend the same at its sole cost and
expense; provided that Spokane County and Assessor 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 Spokane County and Assessor, and its officers, agents, and employees, or jointly
against Spokane County and Assessor and the City and their respective officers, agents, and
employees,the City shall satisfy the same.
C. If the comparative negligence of the Parties and their officers and employees is a cause of
such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in
proportion to their relative degree of negligence and the right of indemnity shall apply to such
proportion.
D. Where an officer or employee of a Party is acting under the direction and control of the other
Party, the Party directing and controlling the officer or employee in the activity and/or omission
giving rise to liability shall accept all liability for the other Party's officer or employee's
negligence.
E. Each Party's duty to indemnify shall survive the termination or expiration of the MOU.
F. 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 indeznnutor's employees. The Parties acknowledge that these provisions were
specifically negotiated and agreed upon by them.
VI,INSURANCE
A. During the term of the Agreement, the CITY and COUNTY shall each maintain in force at
its sole expense,each insurance coverage with minimum limit noted below:
(1) Workers' Compensation Insurance in compliance with Title 51 RCW, which
requires subject employers- to provide Workers> compensation coverage for all
their subject workers and Employer's Liability Insurance in the statutory amount.;
(2) General Liability Insurance on an occurrence basis, with a combined single limit
of not less than $5,000,000 each occurrence for bodily injury and property
damage. It shall include contractual liability coverage for the indemnity provided
under this Agreement;
(3) Automobile Liability Insurance with a combined single limit, or the equivalent of
not less than $5,000,000 each accident for bodily injury and property damage,
including coverage for owned, hired and non-owned vehicles; and
(4) Professional Liability Insurance with a combined single limit of not less than
$5,000,000 each claim, incident or occurrence. This is to cover damages caused
by the error, omission, or negligent acts related to the professional services to be
provided under this Agreement. The coverage must remain in effect fOr at least
two years after the Agreement is completed.
B. Each policy shall be endorsed and the certificate shall reflect that the insurance afforded
therein shall be primary insurance and any insurance or self-insurance carried by the other
entity shall be excess and not contributory insurance to that provided by the other entity
C. There shall be no cancellation,material change,reduction oflimits or intent not to renew the
insurance coverage(s)without 30 days Written notice from either entity to the other entity.
D. As evidence of the insurance coverage required by this Agreement, each entity shall
furnish written evidence of acceptable insurance or Risk Pool liability coverage to the other
entity within 30 days of the Agreement becoming effective. If requested, complete copies of
commercial insurance policies or Risk Pool liability coverage documents shall be provided
to either entity. The CITY and COUNTY shall be financially responsible for all pertinent
deductibles, self-insured retentions,and/or self-insurance.
IN WITNESS WHEREOF,the Parties have caused this MOU to be executed on the date and
year set forth herein above with the effective date being the date of the last signatory.
SPOKANE COUNTY ASSESSOR
Tom Konis
Name)
./f/61.4e . •
(Signature) �VV/
Spokane County Assessor
(Title)
4/30/2020
(Date)
CITY OF SPOKANE VALLEY
C,Ittz-ty, 5 (q7w2.0
Mark Calhoun,City Manager Date
ATTEST:
Christine Bainbridge, City Clerk:
APPROVED AS TO FORM:
•
Office o e City Attorney
NO. 20 - 0358
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF APPROVING A )
MEMORANDUM OF UNDERSTANDING )
BETWEEN THE CITY OF SPOKANE VALLEY ) RESOLUTION
AND SPOKANE COUNTY FOR DATA )
SHARING REGARDING BUILDING PERMITS )
AND CORRESPONDING DOCUMENTS AND )
BUILDING PLANS )
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County,Washington(hereinafter sometimes referred to as the"Board")has the
care of County property and the management of County funds and business; and
WHEREAS,pursuant to RCW chapter 39.34(Interlocal Cooperation Act),the Parties have entered
into numerous interlocal agreements whereby County has agreed to provide services to City and its
residents;and
WHEREAS,the interlocal agreements subject to this Memorandum of Understanding("MOU")
for Data Sharing regarding Building Permits and Corresponding Documents and Building Plans between
Spokane County, Spokane County Assessor and the City of Spokane Valley; and
WHEREAS, the City of Spokane Valley ("City") receives and processes building permits, and
such permit information and data is stored within its SmartGOV database, which is hosted by Dude
Solutions, Inc.; and
WHEREAS,the Spokane County Assessor's Office("Assessor")desires to use the City's building
permit data to more expediently value and assess properties ad valorem property tax purposes within the
City;and
WHEREAS, the City and Assessor agree that sharing such data will be beneficial to the Parties;
and
WHEREAS, the Spokane County Assessor, has recommended that the Board of County
Commissioners approve the attached Memorandum of Understanding between the City of Spokane Valley
and Spokane County; and that the Spokane County Assessor be authorized to execute said document on
behalf of the County at other than an open public meeting. The Parties desire to enter into this Memorandum
of Understanding(MOU)to establish the mutually agreed terms for such data sharing.
NOW,THEREFORE,BE IT HEREBY RESOLVED, by the Board of County Commissioners of
Spokane County that the attached Memorandum of Understanding Between the City of Spokane Valley and
Spokane County is hereby approved; arid, the Spokane County Assessor is hereby authorized to execute
said document on behalf of the County at other than an open public meeting.
RESOLUTION
PASSED AND ADOPTED this 1"6! 'L day of I� D ,2020
BOARD OF COUNTY COMMISSIONERS
,\ OF SPOKANE COUNTY,WASHINGTON
I t-V I AL FRENCH, A'C
ATTEST: .4ts, 4000 � J SH KERNS,•
C� H 11R
Gi Vasquez,Clerk of°tlie Baard MARY . gY CO M1S51
RESOLUTION