11-075 Building Plan Review Services with City of Airway Heights Version Dated: March 11,2011
After Recording,return document to
Spokane Valley City Clerk
11707 E. Sprague Avenue,Suite 106
Spokane Valley,WA 99206
INTERLOCAL AGREEMENT FOR BUILDING PLAN REVIEW
FOR THE CITY OF AIRWAY HEIGHTS
(June 28,2011)
THIS AGREEMENT, made and entered into by and between the City of Airway Heights, a
municipal corporation of the State of Washington, having offices for the transaction of business at 1208
South Lundstrom Street,Airway Heights, Washington 99001 hereinafter referred to as"CITY OF AIRWAY
HEIGHTS" and the City of Spokane Valley, a municipal corporation of the State of Washington, having
offices for the transaction of business at, 11707 East Sprague Avenue, Suite 106, Spokane Valley,
Washington 99206, hereinafter referred to as "CITY OF SPOKANE VALLEY,"jointly hereinafter referred
to as the "Parties." The CITY OF AIRWAY HEIGHTS and the CITY OF SPOKANE VALLEY agree as
follows:
SECTION NO. 1: RECITALS AND FINDINGS
A. Cities may contract with each other to perform certain functions which each may legally
perform under chapter 39.34 RCW(Interlocal Cooperation Act)and;
B. The CITY OF AIRWAY HEIGHTS has adopted and enforces the Washington State
Building Code pursuant to Chapter 19.27 RCW within its jurisdictional boundaries and;
C. The CITY OF SPOKANE VALLEY has a building division staffed by trained personnel
that regularly review permit applications and plans for compliance with the State building code and;
D. The CITY OF AIRWAY HEIGHTS has a need for building plan review services to
supplement their plan review program and the CITY OF SPOKANE VALLEY currently has the ability to
provide these services without negative impacts to their program or service and;
E. This Agreement is entered into for the benefit of the parties to this Agreement only and
shall confer no benefits, direct or implied, on any third persons.
F. This Agreement
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SECTION NO.2: DEFINITIONS
A. Agreement: "Agreement" means this Interlocal Agreement between the CITY and the
CITY OF SPOKANE VALLEY regarding building plan review services.
B. Services: "Services"means those services identified in this agreement.
C. Compensation: "Compensation"means the amount of money which the City OF AIRWAY
HEIGHTS will collect and pay the CITY OF SPOKANE VALLEY for providing Services as identified
in this agreement.
D. Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following
events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic
eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect
providing of such Services.
SECTION NO.3: PURPOSE
The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and
conditions under which the CITY OF AIRWAY HEIGHTS and the CITY OF SPOKANE VALLEY will
enter into this Agreement. It is the intent of the PART IES that Services to be provided will be consistent with
the CITY OF AIRWAY HEIGHTS' Council/Manager form of government provided for in chapter 35A.13
RCW.
SECTION NO.4: DURATION/WITHDRAWAL
This Agreement shall commence on May 15, 2011, and run until one of the PARTIES provides notice as set
forth in Section 8.
Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of 60
days written notice as provided for in Section 8 to the other Party.
SECTION NO.5:PARTIES RESPONSIBILITIES:
The CITY OF SPOKANE VALLEY will conduct plan reviews of building permit applications for
compliance with the State adoption of the International Building Code(IBC)and the International Residential
Code(IRC), as currently adopted or subsequently amended, on behalf of the CITY OF AIRWAY HEIGHTS
using the CITY OF SPOKANE VALLEY building division plan review staff.
A. The CITY OF SPOKANE VALLEY agrees to utilize a certified plans examiner to conduct
reviews.
B. Plan reviews of building permit applications shall be conducted as follows:
1. A detailed initial review following standard CITY OF SPOKANE VALLEY review
procedures shall be conducted pursuant to IBC section 106.3 or IRC section 106.3.
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2. If building permit application documents are found to be non-compliant, the CITY
OF SPOKANE VALLEY will provide a written, detailed list of deficient items to the CITY OF AIRWAY
HEIGHTS.
3. If building permit application documents are found to be compliant, the CITY OF
SPOKANE VALLEY will provide a written notice of compliance to the CITY OF AIRWAY HEIGHTS.
C. Unless previously agreed to by both Parties, the building permit plan review will be
completed and written comments returned to the CITY OF AIRWAY HEIGHTS in five working days or less
for applications reviewed subject to the IRC and 15 working days or less for applications reviewed subject to
the IBC. Notwithstanding the foregoing, plan review timeframes can be adjusted by written agreement of
both Parties.
D. The CITY OF AIRWAY HEIGHTS shall be responsible for implementing the CITY OF
SPOKANE VALLEY's plan review determinations through the CITY OF AIRWAY HEIGHTS' permitting
process.
SECTION NO 6: COST OF SERVICES AND PAYMENTS
The CITY OF AIRWAY HEIGHTS shall pay the CITY OF SPOKANE VALLEY for Services provided by
the CITY OF SPOKANE VALLEY under this Agreement in accordance with Schedule B—Building-Plan
Review Fee Calculation section of the most recently adopted CITY OF SPOKANE VALLEY Master Fee
Schedule, attached as Appendix A to this agreement and as may be amended by the City of Spokane Valley
in the future. The CITY OF SPOKANE VALLEY agrees to give the CITY OF AIRWAY HEIGHTS 60
days notice of any fee increases that affect this agreement resulting from such amendment of the Master Fee
Schedule.
The CITY OF AIRWAY HEIGHTS shall collect such plan review fees at the time of building permit
application. The amount of the fee shall be included with application materials forwarded to the CITY OF
SPOKANE VALLEY. The actual plan review fees collected shall be paid to the CITY OF SPOKANE
VALLEY at reasonable intervals, although not less frequently than once per quarter. Either party may
dispute any claimed moneys owed. In the event the PARTIES cannot mutually resolve any dispute over
moneys owed within 30 calendar days from the time a written claim is made, unless otherwise agreed by the
PARTIES,the matter shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No.
16.
The PARTIES recognize that it is not always possible for either Party to discover errors in payment. The
PARTIES further recognize that there must be some finality to addressing such errors. Accordingly, the
PARTIES agree that both PARTIES are foreclosed from challenging any errors in payment if the matter is
not drawn in writing to the other PARTY'S attention within 30 calendar days of the last invoice of the
calendar year. Errors raised within this time frame that are not mutually resolved shall be subject to the
Dispute Resolution provisions set forth in Section No. 16.
SECTION NO. 7: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING
SERVICES
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A CITY OF SPOKANE VALLEY representative shall make reasonable efforts to meet upon request by the
CITY OF AIRWAY HEIGHTS' City Manager or his/her designee to discuss any Service provided under the
terms of this Agreement.
SECTION NO.8: 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(ii)the third day following the day on
which the same have been mailed by first class delivery, postage prepaid addressed to the CITY OF
SPOKANE VALLEY or the CITYOF AIRWAY HEIGHTS at the address set forth below for such Party,or
at such other address as either Party shall from time-to-time designate by notice in writing to the other Party:
CITY OF SPOKANE VALLEY: City of Spokane Valley City Manager
or his/her authorized representative
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
CITY OF AIRWAY HEIGHTS: City of Airway Heights City Manager
or his/her authorized representative
1208 South Lundstrom Street
Airway Heights,Washington 99001
SECTION NO.9: ASSIGNMENT
No Party may assign in whole or part its interest in this Agreement without the written approval of the other
PARTY.
SECTION NO. 10: CITY OF SPOKANE VALLEY EMPLOYEES
The CITY OF SPOKANE VALLEY shall appoint, hire, assign, retain and discipline all employees
performing CITY OF SPOKANE VALLEY Services under this Agreement according to applicable
collective bargaining agreements and applicable state and federal laws. The CITY OF AIRWAY HEIGHTS
shall appoint, hire, assign, retain and discipline all employees performing CITY OF AIRWAY HEIGHTS
Services under this Agreement according to applicable collective bargaining agreements and applicable state
and federal laws.
SECTION NO. 11: LIABILITY
A. The CITY OF SPOKANE VALLEY shall indemnify and hold harmless the CITY OF
AIRWAY HEIGHTS 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 OF SPOKANE VALLEY, its officers, agents and employees, 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 the CITY OF AIRWAY HEIGHTS, the CITY OF
SPOKANE VALLEY shall defend the same at its sole cost and expense; provided that the CITY OF
AIRWAY HEIGHTS 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 the CITY OF AIRWAY HEIGHTS,
and its officers, agents, and employees, or jointly against the CITY OF AIRWAY HEIGHTS and the CITY
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OF SPOKANE VALLEY and their respective officers, agents, and employees, the CITY OF SPOKANE
VALLEY shall satisfy the same.
B. The CITY OF AIRWAY HEIGHTS shall indemnify and hold harmless the CITY OF
SPOKANE VALLEY 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 Agreement. In the event that any suit based upon such claim, action,
loss, or damages is brought against the CITY OF SPOKANE VALLEY,the CITYOF AIRWAY HEIGHTS
shall defend the same at its sole cost and expense;provided that the CITY OF SPOKANE VALLEY 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 the CITY OF SPOKANE VALLEY, and its officers, agents, and
employees, or jointly against the CITY OF SPOKANE VALLEY and the CITY OF AIRWAY HEIGHTS
and their respective officers, agents, and employees, the CITY OF AIRWAY HEIGHTS 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 Agreement.
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 indemnitor's employees. The PARTIES acknowledge that these provisions were
specifically negotiated and agreed upon by them.
G. The CITY OF SPOKANE VALLEY and the CITY OF AIRWAY HEIGHTS agree to either
self insure or purchase policies of insurance covering the matters contained in this Agreement with
coverage's of not less than $3,000,000 per occurrence with $3,000,000 aggregate limits including
professional liability and auto liability coverage's.
SECTION NO. 12: RELATIONSIIIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement. The
CITY OF SPOKANE VALLEY shall be an independent contractor and not the agent or employee of the
CITY OF AIRWAY HEIGHTS, that the CITY OF AIRWAY HEIGHTS is interested only in the results to
be achieved and that the right to control the particular manner, method and means in which the services are
performed is solely within the discretion of the CITY OF SPOKANE VALLEY. Any and all employees
who provide Services to the CITY OF AIRWAY HEIGHTS under this Agreement shall be deemed
employees solely of the CITY OF SPOKANE VALLEY. The CITY OF SPOKANE VALLEY shall be
solely responsible for the conduct and actions of all employees under this Agreement and any liability that
may attach thereto. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to
be an employee,agent,servant or representative of the CITY OF SPOKANE VALLEY for any purpose.
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SECTION NO. 13: MODIFICATION
This Agreement may be modified in writing by mutual written agreement of the PARTIES. Proposals for
modification shall be submitted to the other party at least 60 days before the end of the agreement.
SECTION NO. 14: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in conjunction with providing the Services shall
remain with the original owner, unless otherwise specifically and mutually agreed to by the PARTIES to
this Agreement. For the purpose of this section,the terminology "owner"means that Party which paid the
full purchase price for the property or equipment.
SECTION NO. 15: 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.
This Agreement shall be binding upon the PARTIES hereto,their successors and assigns.
SECTION NO. 16: DISPUTE RESOLUTION
Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to
arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and
considered by the CITY OF SPOKANE VALLEY and the CITY OF AIRWAY HEIGHTS' City Manager.
If the CITY OF SPOKANE VALLEY and the CITY OF AIRWAY HEIGHTS City Manager cannot resolve
the dispute it will be submitted to arbitration. The provisions of chapter 7.04 RCW shall be applicable to any
arbitration proceeding.
The CITY OF SPOKANE VALLEY and the CITY OF AIRWAY HEIGHTS shall have the right to
designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third
arbitrator. The selection of arbitrators shall commence within thirty(30) calendar days of the running of the
thirty (30) calendar day time frame as described in section 6, paragraph 2. The decision of the arbitration
panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04
RCW.
The costs of the arbitration panel shall be equally split between the PARTIES. Each PARTY shall be
responsible for its own costs in preparing and presenting its case.
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.
SECTION NO. 18: SEVERABILTTY
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The PARTIES agree 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 PAR I'1EJS 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. 19: RECORDS
All public records prepared, owned, used or retained by the CITY OF SPOKANE VALLEY in conjunction
with providing Services under the terms of this Agreement shall be deemed CITY OF AIRWAY HEIGHTS
property and shall be made available to the CITY OF AIRWAY HEIGHTS upon request by the CITY OF
AIRWAY HEIGHTS City Manager subject to the attorney client and attorney work product privileges set
forth in statute, court rule or case law. The CITY OF SPOKANE VALLEY will notify the CITY OF
AIRWAY HEIGHTS of any public disclosure request under chapter 42.56 RCW for copies or viewing of
such records as well as the CITY OF SPOKANE VALLEY's response thereto.
SECTION NO.20: 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.21: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
Uncontrollable Circumstances shall be deemed not a default under this Agreement.
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
any change in or new law, order, rule or regulation of any nature which renders providing of Services in
accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the
control of the CITY OF SPOKANE VALLEY which render legally impossible the performance by the
CITY OF SPOKANE VALLEY of its obligations under this Agreement, shall be deemed not a default
under this Agreement.
SECTION NO.22: FILING
This Agreement shall be filed by the CITY OF AIRWAY HEIGHTS with such offices or agencies as
required by chapter 39.34 RCW.
SECTION NO.23: EXECUTION AND APPROVAL
The PARTIES warrant that the officers executing below have been duly authorized to act for and on
behalf of the Party for purposes of confirming this Agreement.
SECTION NO.24: INITIATIVES
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Version Dated: March 11,2011
The PARTIES recognize that revenue reducing initiative(s) passed by the voters of Washington may
substantially reduce local operating revenue for the CITY OF AIRWAY HEIGHTS, CITY OF SPOKANE
VALLEY or both PARTIES. The PARTIES agree that it is necessary to have flexibility to reduce the
contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of
revenue reducing initiative(s). If such an event occurs, the PARTIES agree to negotiate in good faith to
achieve a mutually agreeable resolution in a timely fashion.
SECTION NO.25: 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.
SECTION NO.26: DISCLAIMER
Except as otherwise provided, this Agreement shall not be construed in any manner that would limit
either Party's authority or power under law.
IN WITNESS WHEREOF,the PAR1 lES have caused this Agreement to be executed on the date and year
opposite their respective signatures.
DATED: g // CITY OF SPOKANE VALLEY
// Michael Jackson, Ci•' anager
DATED: (O —'— /( CITY OF AIRWAY HEIGHTS
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APPROVED AS TO FORM ONLY:
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Office of tho.uity Attorney
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