03-022 Hearing Examiner 'Return to: Damela Erickson
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Clerk of the Board Spokane Valley Contract
1116 West Broadway No. CO3-22
Spokane,Washington 99260 Approved: March 20, 2003
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09101120)31 i 1O:OOA
SPOKANE COUNT? COl1WISSINI ACR $0.00 Spokane Co, 1'A
INTERLOCAL COOPERATION AGREEMENT BETWEEN
CITY OF SPOKANE VALLEY AND SPOKANE COUNTY
3 0311 FOR HEARING EXAMINER SERVICES •
THIS AGREEMENT made and entered into by and between the 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 the
"CITY,"jointly referred to hereinafter as the "PARTIES."
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 39.34.080, governmental entities may
contract with each other to perform any governmental service which each may legally perform;
and
WHEREAS, the City of Spokane Valley is newly incorporated and at this time does not
have a Hearing Examiner to conduct quasi-judicial hearings on land use and other matters
involving the City of Spokane Valley; and
WHEREAS, the City of Spokane Valley has adopted an ordinance providing for the
establishment of a Hearing Examiner System to hear land use, administrative and other matters
over which the City has jurisdiction; and
WHEREAS, Spokane County has adopted a Hearing Examiner System and appointed
Michael C. Dempsey as its Hearing Examiner. Michael C. Dempsey is a member of the
.Washington State Bar Association and is knowledgeable on land use and other local government
matters.
NOW, THEREFORE, for and in consideration of the mutual promises hereinafter
contained, the PARTIES mutually agree as follows:
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SECTION NO. 1: PURPOSE
SPOKANE COUNTY OQ7 MISSION AGR $0,00 Spokane to, WA
The purpose of this Agreement is to provide a mechanism whereby COUNTY'S Hearing
Examiner can act as the Hearing Examiner pro-tem for CITY to conduct administrative and
quasi-judicial hearings.
SECTION NO. 2: COMPENSATION
CITY agrees to pay COUNTY at the rate of SEVENTY-NINE DOLLARS ($79.00) per hour for
"Hearing Examiner Services" performed in 2003. The PARTIES agree that the Hearing Examiner
will use the same methodology as used to establish the 2003 hourly rate to establish the 2004 and
subsequent yearly hourly rates. The Hearing Examiner shall keep a log in fifteen (1.5) minute
intervals of the number of hours worked and nature of the work performed for each assigned CITY
hearing item. The PARTIES understand and acknowledge that the Hearing Examiner shall not be
considered an employee of CITY when performing services pursuant to this Agreement. For the
purpose of this Agreement the terminology "Hearing Examiner Services" shall include all time
spent by the Hearing Examiner in malting site visits, preparing for and conducting the public
hearing, reviewing the record, drafting a written decision and rulings on motions, organizing and
mailing a decision or recommendation, drafting necessary correspondence, and conducting other
duties under the CITY'S Hearing Examiner Ordinance on items referred to the Hearing Examiner
by the City Manager or his/her designee. "Hearing Examiner Services" shall also include the time
spent by the Hearing Examiner in meeting with CITY'S staff to discuss improvements to CITY'S
Hearing Examiner system, if specifically requested by the City Manager or his/her designee,
prescribing rules for the scheduling and conduct of hearings and other procedural matters related to
the duties of the Hearing Examiner, and reporting to and meeting with the CITY'S Council and
Planning Commission. The fee shall be deemed to include all costs associated with such duties,
including staff assistant time, mileage, and other costs of the Hearing Examiner. The Hearing
Examiner shall charge and retain the costs of preparing and certifying records and transcripts for
appeals of CITY Hearing Examiner decisions from the appellant as provided by statute or CITY
ordinance. CITY agrees Hearing Examiner may use Spokane County Hearing Examiner stationery
in conjunction with providing Hearing Examiner Services under the terms of this Agreement.
SECTION NO. 3: PAYMENT
COUNTY through Hearing Examiner shall submit billing invoices to CITY on a monthly basis
for Hearing Examiner Services. Billings shall be submitted on or before the 5th of the month for
the preceding month. All billing invoices shall include documentation setting forth a listing of
the Hearing Examiner Services performed and time spent on each item. CITY shall submit
payment, within thirty (30) days of receipt of a billing invoice. Payment shall be made payable
to COUNTY, d o of the Hearing Examiner, 3rd Floor, County Public Works Building, 1026 West
Broadway, Spokane, Washington 99260-0245. At the sole option of COUNTY, a penalty may
be assessed on any late payment by CITY based on lost interest earnings had the payment been
timely paid and invested in the Spokane County Treasurer's Investment Pool.
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SPOKANE. (0UNIY COMMON AGR $0.00 S o+ka eeCo, l
SECTION NO. 4: AUTHORIZATION FOR SERVICES
The CITY Manager or his/her designee shall be responsible for the administration of this
Agreement and requesting the services of the Hearing Examiner. •
SECTION NO. 5: AGREEMENT NOT EXCLUSIVE
Michael Dempsey is hereby appointed as a Hearing Examiner pro-tern for CITY. This
Agreement is not exclusive and CITY may designate other Hearing Examiners pro-tem to hear
similar matters as authorized by local ordinance or resolution.
SECTION NO. 6: DURATION
This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M.
December 31, 2004. After the initial term, this Agreement shall automatically renew for additional
one (1) year time periods. Either Party may terminate this Agreement for any reason whatsoever
upon 90 days written notice to the other Party. CITY understands that COUNTY cannot guarantee
that its Hearing Examiner will be available at all times requested by CITY, but shall be available at
all times scheduled by the PARTIES.
SECTION NO. 7: DECISIONS
The Hearing Examiner pro-tem shall comply with the requirements of federal, state and local law
relating to the matter being considered by the Hearing Examiner, including the ordinances and
resolutions of CITY. If there is no applicable time period under statute or local ordinance or
resolution for issuance of the Hearing Examiner's decision, the Hearing Examiner shall exercise
his best efforts to render a written decision with findings and conclusions within thirty (30)
calendar days of concluding the hearing. If the Hearing Examiner's written decision is appealed,
the Hearing Examiner shall review and certify the record from the hearing to the appropriate
body after preparation of the record by the Hearing Examiner.
SECTION NO. 8: ADMINISTRATIVE SUPPORT
CITY shall supply all necessary administrative support services for the Hearing Examiner, such
as hearing room, recording equipment, notifications, files and copies of applicable regulations,
policies, and reports. •
SECTION NO. 9: AGREEMENT AN'l ADMINISTRATION
No new or separate legal entity or administrative entity is formed by this Agreement. No
property will be acquired, held or disposed of
SECTION NO. 10: 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
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SPOKANE COUNTY CONi1ISS1ON AGR SOB Spokane Co. 114
any nature whatsoever, by any reason of or arising out of any negligent act or omission of
COUNTY, its officers, agents and employees, or any of them relating to or arising out of
performing services pursuant to this Agreement. In the event that any suit based upon such claim,
action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost
and expense; provided that CITY reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered against CITY,
and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and
their respective officers, agents, and employees, COUNTY shall satisfy the same.
(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 of performing services
pursuant to this Agreement. Ln 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) In executing this Agreement, COUNTY does not assume liability or responsibility for or in any
way releases CITY from any liability or responsibility which arises in whole or in part from the
existence or effect of CITY ordinances, polices, rules or regulations. If any cause, claim, suite,
action or administrative proceeding is commenced in which the enforceability and/or validity of any
such CITY ordinance, to include its constitutionality, policy, rule or regulation is at issue, CITY
shall defend the same at its sole expense and, if judgment is entered or damages are awarded against
CITY or COUNTY, CITY shall satisfy the same, including all chargeable costs and reasonable
attorney's fees.
(d) 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.
(e) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the
matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with
$5,000,000 aggregate limits including auto liability coverage.
SECTION NO. 11: TERMINATIONIMODIFICATION
if the Agreement is terminated, CITY shall reimburse COUNTY for any services performed
pursuant to this Agreement that have not at the time of termination been paid for and which the
Parties have previously agreed is compensable work.
This Agreement may be modified in writing by mutual written agreement of the PARTIES.
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SECTION NO. 12: VENUE
This Agreement has and shall be construed as having been made and delivered in the State of
Washington, and the laws of the State of Washington shall be applicable to its construction and
enforcement. Any action at law, suit in equity or judicial proceedings for the enforcement of this
agreement or any provision hereto shall be instituted only in the courts of competent jurisdiction
within Spokane County, Washington.
SECTION NO. 13: PROPERTY AND EQUIPMENT
The ownership of all property and equipment provided by either Party in conjunction with each
meeting its obligations under the terms of this Agreement shall remain with the original owner
unless specifically and mutually agreed by the PARTIES to the contrary.
SECTION NO. 14: RECORDS
All public records prepared, owned, used or retained by Hearing Examiner in conjunction with
providing Hearing Examiner Services under the terms of this Agreement shall be deemed CITY
property and shall be made available to CiTY upon request by the CITY Manager. Hearing
Examiner will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or
viewing of such records as well as the Hearing Examiner's response thereto.
SECTION NO. 15: LEGAL ADVICE
CITY shall be responsible for providing legal advice to the Hearing Examiner in conjunction with
his performing Hearing Examiner Services under the terms of this Agreement.
SECTION NO. 16: ALL WRITINGS AS CONTAINED HEREIN
This Agreement contains all of the terms and conditions agreed upon by the PARTIES. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind the PARTIES.
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SECTION NO. 17: RECORDING
This Agreement shall be recorded with the Spokane County Auditor after its approval by both
PARTIES.
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,SF PANE tO91Y 7dISSION AG9 S4.0D Spokane Co. FA
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed
on the date and year opposite their respective signatures.
DATED:---5- 5 o2 r' `,,N, BOARD OF COUNTY COMMISSIONERS
o°� i-:-.ssio`�1+ OF SPO LINTY WASHINGTON
/f�.'a° pGt.''.`�'� ��0 A SENT
° � ° JOHN ROSKE LEY, Chair
ATTEST: tit % •..- AL,. . 4� I _d-4 /
VICKY M. DALTON ‘‘ ■
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CLE: : OF THE BO . ' i N`��•��- ' - T D. "j S, i e 'ha'
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Daniela, kson, Deputy M. ' ATE &SL
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Sp• ..my Deputy Prosecuting Attorney
DATEDLT-Asati.i.j..(23 CITY OF SPOKANE VALLEY:
Atte . By: `� G%j'
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City Clerk (Title)
Approved 4 to for l nlyi-1-- .-74-
City t. ey
NO. . 3 0311
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
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IN THE MATTER OF EXECUTING AN )
AGREEMENT BETWEEN SPOKANE ) RESOLUTION
COUNTY AND THE CiIY OF SPOKANE )
VALLEY REGARDING HEARING )
EXAMINER SERVICES )
WHEREAS, pursuant to the provisions of RCW 39.34.080, governmental entities may
contract with each other to perform any governmental service which each may legally perform; and
•
WHEREAS, the City of Spokane Valley is newly incorporated and at this time does not
have a Hearing Examiner to conduct quasi-judicial hearings on land use and other matters involving
the City of Spokane Valley; and
WHEREAS, the City of Spokane Valley has adopted an ordinance providing for the
establishment of a Hearing Examiner System to hear land use, administrative and other matters
over which the City has jurisdiction; and
WHEREAS, Spokane County has adopted a Hearing Examiner System, appointed Michael
C. Dempsey as its Hearing Examiner and Michael C. Dempsey is a member of the Washington
State Bar Association and is knowledgeable on land use and other local government matters.
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
AGREEMENT BETWEEN CiTY OF SPOKANE VALLEY AND SPOKANE COUNTY FOR
HEARING EXAMINER SERVICES" pursuant to which, under certain terms and conditions, the
Spokane County Hearing Examiner will act as the hearing Examiner pro-tern for the City of .
Spokane Valley and conduct administrative and quasi-judicial hearings at the rate of SEVENTY-
NINE DOLLARS ($79.00)per hour for services performed in calendar year 2003.
PASSED AND A-DOr-0 thist. day of 2 �/t',� , 2003. trl
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ATTEST: N, - ' • c _ o >.
VICKY M. DALTON � /7,� ° c v
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CLERK OF THE BOARD ° ; `o
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May 25, 2005 1005
Valley
City of MAY Spokan16e
Dave Mercier, City Manager Fax (509) 921-1008
City of Spokane Valley
11707 East Sprague, Suite 106 •
Spokane Valley, WA 99206
Re: Interlocal Cooperation Agreement Between City of Spokane Valley and Spokane County
for Hearing Examiner Services
Dear Dave:
On May 4, 2005, I sent a letter to you. In that letter I triggered the 90 day time frame to
terminate the above referenced agreement.
The Board of County Commissioners at its May 10, 2005, CEO Briefing reconsidered my letter.
You were present during that discussion.
After discussion between Commissioners Todd Mielke and Mark Richard they determined to
rescind my letter.
Accordingly, the purpose of this letter is to confirm the Board's action of May 10, 2005, and
formally rescind my letter of May 4, 2005, with regard to the above agreement.
Very truly yours,
()fl \---4§1c AC?
MARSHALL E:ARNIELL, County CEO
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1 1 16 WEST BROADWAY AVENUE • SPOKANE,WASHINGTON 99260-0100 • (509)477-2265
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S P O K A N E O U N T Y
e)r 1-111:• t:.tn .\n'l%ntutccr�,Atacs
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• May-4,2005
Coax 509
Dave Mercier,City Manager ( )921-1008
City of Spokane Valley
11707 East Sprague,Suite 106 -
Spokane Valley,WA 99206
Re: Termination of lnlerlocal Cooperation Agreement Between City of Spokane Valley and Spokane County for
Hearing Examiner Services
Dear Dave:
This correspondence is in follow-up to our phone conversation with regard to the above Intcrlocal Agreement. In
that phone conversation I indicated that effective as soon as possible Spokane County would discontinue providing
Hearing Examiner services for the City of Spokane Valley.
Subsequent to our phone conversation, Jim Emacio reminded me that the above referenced Agreement is different
• than other agreements between the County and City in that it is renewed annually for one year time periods and
contains a ninety-day termination provision. Specifically,Section No.6 provides as follows:
SECTION NO. 6_ DURATION
This Agreement shall commence at 12:01 A.M. on April 1,2003,and run through 12:00 F.M.
December 31, 2004. After the initial term, this Agreement shall automatically renew for
additional one (I) year time periods. Either Party'may terminate this Agreement for any
reason whatsoever upon 90 days written notice to the other Party. CITY understands that
COUNTY cannot guarantee that its Hearing Examiner will be available at all times
requested by CITY, but shall be available at all times scheduled by the PARTIES.
Accordingly, this correspondence should'act as Spokane County's ninety-day notice of termination of the agreement
executed between Spokane County and the City of Spokane Valley under Spokane County Resolution No, 2003-
031 I and termed "Interlocal Cooperation Agreement between City of Spokane Valley and Spokane County for
• Hearing Examiner Services". The County would he agreeable to an earlier termination date in the event the City of
Spokane Valley obtains the services of another hearing examiner prior to the running of the ninety-day time frame.
Very truly yours.
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MARSHALL FARNFJL, County CEO
cc: Michael Dempsey
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