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18-195.00 City of Spokane: Hearing Examiner Services Return to: Office of the City Clerk 808 West Spokane Falls Blvd. Spokane, Washington 99201 orf City Clerk's No. 261Q; -©12... CITY OF SPOKANE INTERLOCAL COOPERATION AGREEMENT p p i/Eritik I BETWEEN CITY OF SPOKANE AND THE CITY OF SPOKANE VALLEY l 1 FOR HEARING EXAMINER SERVICES i '7 ► 1 ) \ vv11 This Agreement is between the CITY OF SPOKANE VALLEY, a Washington State municipal corporation, (Spokane Valley), and the CITY OF SPOKANE, a Washington State municipal corporation, (City), jointly referred to hereinafter as the "Parties". WHEREAS, pursuant to RCW 39.34.080, governmental entities may contract with each other to perform any governmental service which each may legally perform; and WHEREAS, Spokane Valley recently cancelled its interlocal agreement with Spokane County for provision of hearing examiner services, effective December 31, 2018. As of January 1, 2019, Spokane Valley will not have a hearing examiner to conduct hearings on various administrative appeals or quasi-judicial hearings on land use matters within its jurisdictional boundaries; and WHEREAS, the City has adopted an ordinance that authorizes its Hearing Examiner to act as a hearing examiner pro-tern for other governmental entities to perform the duties of the hearing examiner when such hearing examiner is absent, has a conflict of interest or other reason; and WHEREAS, the Hearing Examiner is a City employee, serves the City of Spokane in that capacity and is a duly admitted member of the Washington State Bar Association and is knowledgeable on land use and other local government matters. Now, therefore, the Parties agree as follows: 1. PURPOSE. This Agreement is to provide a mechanism whereby the City's Hearing Examiner can act as the hearing examiner pro-tem to Spokane Valley to conduct administrative and quasi-judicial hearings. See Scope of Work attached as Exhibit A. 2. COMPENSATION. Spokane Valley agrees to pay the City for hearing examiner services at the rate of $125.00 per hour, plus reimbursement for travel, in accordance with the City's current mileage rate. The Hearing Examiner shall keep a log of the number of hours worked and nature of work performed for each hearing item. The Parties understand and acknowledge that the Hearing' Examiner shall not be considered an employee of Spokane Valley when performing services pursuant to this Agreement. 3. PAYMENT. Spokane Valley shall submit payment within 30 days of receipt of invoice for services rendered, payable to the City of Spokane, Office of the Hearing Examiner, Sixth Floor, City Hall, 808 West Spokane Falls Boulevard, Spokane, Washington 99201. 4. AUTHORIZATION FOR SERVICES. The Spokane Valley City Manager shall be responsible for the administration of this Agreement and the requesting of services from the Hearing Examiner. 5. AGREEMENT NOT EXCLUSIVE. The City of Spokane's Hearing Examiner is hereby appointed as a hearing examiner pro-tem for Spokane Valley. This Agreement is not exclusive and Spokane Valley may designate other hearing examiners pro-tern to hear similar matters as authorized by local ordinance or resolution. 6. DURATION. This Agreement is effective upon signature by both Parties and filing as required by law, and shall continue in operation until terminated by•one of the Parties. Either Party may terminate this Agreement upon at least 60 days written notice to the other Party. The Parties acknowledge that the availability of the Hearing Examiner is contingent upon the amount of work and the number of hearings that must be held by the Hearing Examiner. Spokane Valley understands and acknowledges that the City cannot guarantee that its Hearing Examiner will be available at all times that may be requested. 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 examiner, including the ordinances and resolutions of Spokane Valley. 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 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 Spokane Valley. 8. ADMINISTRATIVE SUPPORT. Spokane Valley shall supply all necessary administrative support services for the Hearing Examiner, such as hearing room, recording equipment, clerk, secretarial support, notifications and copies of applicable regulations, policies, and reports. If the Hearing Examiner uses his own secretary, for secretarial support, secretarial support time will be billed to Spokane Valley at a rate of $30 per hour. 9. AGREEMENT ADMINISTRATION. No new or separate legal entity or •administrative entity is formed by this Agreement. No property will be acquired, held or disposed of pursuant to this Agreement. 2 10. LEGAL RELATIONS AND INDEMNIFICATION. Spokane Valley shall indemnify, defend and hold harmless the City, its officers, employees including the Hearing Examiner, and agents'from any action, claim or proceedings instituted by any third party, arising out of the performance, purported performance or failure of performance of professional services rendered in good faith by the City's Hearing Examiner pursuant to this Agreement. Other than as provided above, the City shall indemnify, defend and hold harmless Spokane Valley, its officers, employees and agents from any action, claim or proceedings arising from the negligence of the City, its officers, employees including the Hearing Examiner, and agents, except to the extent of the concurrent negligence of Spokane Valley. 11. TERMINATION. If the Agreement is terminated, Spokane Valley shall reimburse the City 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. 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. 13. ALL WRITING 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. 14. RECORDING. This Agreement shall be recorded with the Spokane County Auditor after its approval by both Parties. 15. CHAPTER 39.34 RCW REQUIRED CLAUSES. A. Purpose. See Section 1 above. B. Duration. See Section 6 above. C. Organization of Separate Entity and Its Powers. See Section 9 above. D. Responsibilities of the Parties. See provisions above. E. Agreement to be filed. See Section 14 above. F. Financing. See Section 2 above. G. Termination. See Section 11 above. 3 Scope of Work The Hearing Examiner will conduct all aspects of various types of public hearings for the City on an ad hoc basis as needed. The majority of hearings are for decisions on land use applications, including,but not limited to preliminary plats,conditional use permits,variances,appeals on State Environmental Policy Act (SEPA) determinations, planned unit developments, and other similar land use applications. The Hearing Examiner will also conduct any appeals of administrative Code Enforcement violation and dangerous dog determinations. Lastly, the City may request that the Hearing Examiner conduct other types of hearings relating to television franchises or other quasi- judicial matters. The City anticipates the following scope of work for the Hearing Examiner: Hearing Examiner Services shall include all time spent by the Hearing Examiner in making site visits,preparing for and conducting public hearings or appeals,reviewing the record and applicable evidence,drafting written decisions and rulings,organizing and mailing decisions or recommendations to appropriate parties, drafting necessary correspondence, and conducting other duties pursuant to chapter 18.20 SVMC as adopted or amended. Hearing Examiner Services shall also include the time spent by the Hearing Examiner in • meeting with City staff to discuss improvements to the City's Hearing Examiner system, if specifically requested by the City Manager or his/her designee, and reporting to and meeting with the City Council and/or Planning Commission as requested by City staff. 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 SVMC. The Hearing Examiner may consult with City staff on any issue related to the performance of Hearing Examiner Services under the terms of the Agreement. Hearings shall be held in a location or locations and at such times as designated by the City. H. Property upon Termination. No property acquisitions expected. IN WITNESS WHEREOF, the parties hereby execute the above Agreement: Aif ( / Dated this 76, day of i'��L�G 1vf CITY OF SPOKANE VALLEY, WASHINGTON 41, cd Jo., _- Mark Calhoun, City Manager Attest: Approved as to form: Christine Bainbridge, City Clerk Officjf the C‘t A rney Dated this 2[5:1-day of_I:Del CP2 '/LJ ( S-c; KAN4, CITY OF SPOKANE, WASHINGTON i 3p By C&. Title 41, Attest: ' ' r Ap•roved as to form: City Clerk Assistant City Attorney Attachments to this Agreement: Exhibit A—Scope of Work 18-135 4