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06-014 Hearing Examiner • Return to: T)anicla Erickson, Clerk of the Board Board of County Commissioners • 1116 W.Broadway • Spokane,Washington 99260 • 1NTERLOCAL AGREEMENT FOR REARING EXAMINER SERVICES IN THE CITY OF SPOKANE VALLEY (January 1,2005—December 31,2005) 6 0191 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 referred to as the "PARTIES." The COUNTY and CITY agree as follows. - SECTION NO. 1: RECITALS AND FINDINGS (a) The Board of County Commissioners of Spokane County has the care of County property • and the management of County funds and business under RCW 36.32.120(6). • (b) Counties and cities may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW(Interlocal Cooperation Act). . (c) Pursuant to the provisions of RCW 36.70.970 the Board of County Commissioners of Spokane has adopted a Hearing Examiner System and codified the same under Spokane County Code chapter 1.46. . (d) 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. (e) The City of Spokane Valley desires to utilize the services of Spokane County's Hearing Examiner for the purpose of hearing land use,administrative and other matters over which the City has jurisdiction pursuant to SVMC chapter 10.35. SECTION NO. 2: DEFINITIONS • (a) • Agreement: "Agreement" means this Interlocal Agreement between the CITY and COUNTY regarding hearing examiner services. Interlocal Agreement,Hearing Examiner Page 1 of 11 C06-14 • (b) City: "CITY"means the City of Spokane Valley. (c) County: "COUNTY"means Spokane County. (d) Maintenance and Operations: "Maintenance and Operations" and "M&O" shall mean (1) those class codes (3000-5999 and 7000-9999) used by Spokane County in its budgetary process as prescribed by the BARS manual adopted by the State of Washington under chapter 43.88 R.CW so long as such expenditures are directly attributable and proportionate to services rendered to CITY under the terms of this Agreement. (e) Services: "Services"means those services identified in Exhibit I. • (t) Compensation: "Compensation" means that methodology set forth in Exhibit 2 used to establish the amount of money which the CITY will pay the COUNTY for providing Services. (g) 'Capital Improvement: "Capital Improvement'' shall mean any expenditure in excess of $1999.99 or such higher figure as set by the COUNTY as the capitalization threshold during the term of the Agreement. The COUNTY shall give the CITY advance notice of any increase in the capitalization threshold. The PARTIES agree to meet and discuss the impacts of any change in the capitalization threshold which will cause an increase of costs to the CITY in excess of $50,000.00. Any such expenditure will be coded as provided for in the BARS-manual adopted by the State of Washington under R.CW 43.88. (h) 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. (i) Hearing Examiner: "Hearing Examiner" means that person appointed by the Board of County Commissioners pursuant to Spokane County Code Section 1.46.030 to include any Hearing Examiner pro-tern. Provided, however, the COUNTY agrees to consider the rec-ommertdation(s) of the CiTY in conjunction with designating any Hearing Examiner pro-terns to hear CITY matters. 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 COUNTY will provide Services on behalf of the CITY. It is the intent of the PARTIES that Services to be provided by the COUNTY will be consistent with the CITY'S . Council/Manager form of government provided for in chapter 35A.13 ROW. SECTION NO.4: DTJR.ATION/WIT.E[I)RAWAL This Agreement shall commence on January 1,2005, and run through December 31,2005, unless one of the PARTIES provides notice as set forth in Section 7. • Interlocal Agreement;Hearing Examiner Page 2 of 11 • At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year thereafter effective January 151 to December 31'i' All renewals shall be subject to all terms and conditions set forth herein except for Exhibit 2. The PARTIES recognize it highly unlikely that Exhibit 2 setting forth the new billing rates for each year's Services will be available at the start of any renewal time frame. Accordingly, until a new Exhibit 2 has been prepared and agreed to between the PARTIES, the PARTIES agree that the COUNTY will bill the CITY and the CITY will pay the COUNTY at the same billing rates paid in the previous year. Upon the PARTIES agreement on a new Exhibit 2, the CITY and COUNTY will reconcile payments to date under the previous years billing rates with the new billing rates. Aiiy underpayment for any Services will be due in the first payment due following reconciliation. Any overpayment for any Services will be credited to the first monthly payment due following the reconciliation. The PARTIES agree that no interest shall be owing by either Party to the other Party for any overpayment or underpayment determined as a result of the reconciliation. Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of 180 days written notice as provided for in Section 7 to the other Party. SECTION NO.5: COST OF SERVICES AND PAYMENTS The CITY shall pay the COUNTY the costs for Services provided under this Agreement as set forth in • Exhibit 2, attached hereto and incorporated herein by reference: • The COUNTY CEO shall advise the CITY Manager as soon as possible of any anticipated or unanticipated capital improvement costs that arise during the contract period. The City shall pay capital improvement costs either(1) under the Cost Allocation Plan as an indirect cost amortized over the useful life of the improvement utilizing straight-line depreciation and incorporating the expected salvage value of the improvement at the end of its useful life or (2) as a direct cost in the form of a contribution made to the Equipment Rental and Revolving Fund. The CITY shall be responsible only for capital improvement costs incurred after March 31, 2003. Any portion of a capital improvement that was paid for or acquired through separate agreement or with grant proceeds, bond proceeds, user fees, donations, or any other acquisition method that reflects a contribution on behalf of Cli'Y shall not be included in the depreciation schedule applied to the CITY. Any capital improvement for which the COUNTY seeks reimbursement from the CITY must be necessary to fulfill the requirements of this Agreement. The COUNTY will bill the CITY for the cost of Services monthly, by the 15th of the month for the previous month. Payments by the CITY will be due by the 5`}'clay of the following month. At the sole option of the COUNTY, a penalty may be assessed on any late payment by the.CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool: The CITY may dispute any monthly billing. Pending resolution of any dispute, the PARTIES agree that the CITY shall pay timely that portion of the bill that is undisputed. in the event the CITY disputes any monthly billing it shall include in conjunction with the monthly payment a letter stating with specificity the basis for the dispute. The PARTIES agree to meet within thirty(30) calendar days of the COUNTY's receipt of the documentation letter stating the'basis for the CITY disputing any monthly billing to resolve the matter. in the event the PARTIES cannot mutually resolve the matter within the thirty(30)'calendar day time frame, unless otherwise agreed by the PARTIES, the matter shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 17. The selection of arbitrators as provided for in Section No._17 shall commence within thirty(30)calendar days of the running of the thirty(30)calendar day time frame. tnterlocal Agreement,Hearing Examiner • Page 3 of 11 Any resolution of a disputed amount through use of the arbitration process identified in Section 17 shall include, at the request of either Party, a determination of whether interest is appropriate, including the amount. The PARTIES recognize that it is not always possible for either Party to discover errors in billing. The PAR.TiES 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.billing if the matter is not drawn in writing to the other PARTY'S attention within thirty(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. 17. SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES The COUNTY or designees agree to attend staff meetings as requested by the CITY Manager. The COUNTY or designees agree to meet upon request by the CITY Manager or his/her designee to discuss any Service provided under the terms of this Agreement. • The CITY agrees the COUNTY may use the COUNTY'S stationery in conjunction with providing Services under the terms of this Agreement. SECTION NO. 7: NOTICE All notices or other communications giver- 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 COUNTY or the CITY 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: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1 116 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 SECTION NO.8: REPORTING Reports — The COUNTY shall provide the CITY with reports documenting actual usage under this Agreement at the same time each invoice requesting payment is made, unless otherwise mutually agreed by the Parties. The Parties agee that The terminology "reports documenting usage" means that type of information provided by the COUNTY to the CITY in the 2004 agreement for Services. Such reports shall be in a format as mutually agreed to between the Parties. The content and/or format for such reports may be changed from time-to-time by written agreement between CITY and COUNTY staff. Interlocal Agreement,Hearing Examiner Page 4 of 11 Records Review—The CITY shall be allowed to conduct random reviews of the records generated by the COUNTY in performance of this Agreement. The C.rrY will provide the COUNTY with reasonable advance notice of the records reviews. The Parties agree that they will make best efforts to achieve a resolution of any potential records confidentiality issues, including entering into confidentiality agreements . or other similar mechanisms that will allow disclosure of the necessary information to accurately conduct a records review. If the CiTY will be allowed to view only those records directly relating to Services provided within CITY's corporate boundaries, then the COUNTY must keep a log of original documents used to charge the CITY, and those documents must have identifying numbers or letters so the original source documents can be easily retrieved. SECTION NO.9: 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: SECTION NO. 10: ASSIGNMENT No Party may assign in whole or part:its interest in this Agreement without the written approval of the other PARTY. SECTION NO. 11: COUNTY EMPLOYEES The COUNTY shall appoint, hire,assign,retain and discipline all employees performing Services under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws. The COUNTY agrees to meet and confer with the CITY with respect to staff that is assigned to provide Services. Issues of discipline or performance will be specifically handled according to COUNTY policies. SECTION NO. 12: LIABILITY (a) The COUNTY 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 COUNTY, 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, the COUNTY 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 public 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 the COUNTY and their respective officers,agents,and employees, the COUNTY shall satisfy the same. (b) The CITY shall indemnify and hold harmless the COUNTY 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, gents and employees, relating to or arising out of performing Services pursuant to this A -eement. In the event that any suit based upon such claim, action, loss, or damages is brought against the COUNTY, the CITY shall defend the same at its sole cost and expense; provided that the 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 the COUNTY, and its officers, agents, and employees, or jointly against the Interlocal Agreement,Hearing Examiner Page 5 of 11 • • COUNTY 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 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 COUNTY and the CITY agree to either self insure or purchase policies 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 professional liability and auto liability coverages. SECTION NO. 13: RELATIONSHIP Ole'TIlE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. The COUNTY shall be an independent contractor and not the agent or employee of the Ci.TY, that the C.i.TY 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 COUNTY. Any and all employees who provide Services to the CITY under this Agreement shall be deemed employees solely of the COUNTY. The COUNTY 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 COUNTY for any purpose. • SECTION NO 14: MOntriCAT:I.ON This Agreement may be modified in writing by mutual written agreement of the PARTIES. SECTION NO. 15: 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. • Interlocal Agreement,Hearing Examiner Page 6 of 11 • • SECTION IIO NO. 16: WRITINGS CONTAINED.-E E1 EINTRINIIHi1 G EVITECT This Agreement' contains terms and conditions ag-eed upon by the PARTIES. The PA MES 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 he valid or binding upon the PARTIES unless such change or addition is in writing,executed by the PART]TS. • This Agreement shall be binding upon the PARTIES hereto,their successors and assigns- SECTION NO. 17: DISPUTE YE S O L U 3Y -701 Any dispute between the P f TI S 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 COLTi'ITY CEO and the TTY Manager- If the COUNTY CEO and the 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 COUNTY and the CITY shall have the right to•designat+e one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. 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.R. W- The costs of the arbibill.ion. panel shall be equally split between the PAR.TIES,, SECTION NO. 1.8: 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 A ecmcut} or any provision hereto, shall be instituted only in courts ofcornpctcnt jurisdiction within Spokane County, Washington. SECTION NO. 1. : .S :VEI IA111 i.. • The PAWffES 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 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 there with and this A. eernent shall be deemed to modify to conforra to.such statutory provision. • • SECTION NO.20: RECORDS • All public records prepared, ocned; used or retained by the COUNTY in conjunction with providing Services under the terms of this Agreement shall be deemed CITY properly and shall be made available to the CITY upon request by the CITY Manager subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. The COUNTY will notify the STY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the COLfl TY'S response thereto. - - Interlocai Agreement,Hearing Examiner Page 7 of 11 SECTION NO.21: 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.22: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case either Party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. SECTION NO.2:3: UNCONTROLLABLE CT.RCUM STAN CES/il\T.POSSTRTLITY 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 COUNTY which render legally impossible the performance by the COUNTY of its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO.24: FILING This Agreement shall be filed by the County.with such offices or agencies as required by chapter 39.34 R.CW. SECTION NO.25: EXECUTION AND APPROVAL The PA.R.TlES 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.26: INITIATIVES The PARTIES recognize that revenue redOcing initiatives) passed by the voters of Washington may substantially reduce local operating revenue for the CiTY, COUNTY.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.27. 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. Interlocal Agreement,Hearing Examiner Page 8 of 11 SEC 'JON NO.28: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit - either Party's authority or powers under laws. SECTION NO. 29: SUPERSEDE . This Agreement shall supersede and terminate that agreement between the Parties entitled "INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY FOR A.EARING EXAMINER SERVICES" executed under Spokane County Resolution No. 03-0311 and executed by the CITY on March 26,2003. SECTION NO.30: ASSURANCE The CITY shall pay the COUNTY the true and full cost of all Services provided under this Agreement. The intent of the Parties is that neither Party will subsidize the other and that the CITY will not subsidize any other jurisdiction that is receiving similar services. IN WITNESS WHEREOF,the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATE]):CC\01`Li(_\ -k , Q. n BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ,..-"/- F co M�ssi``1, 40-AC 7 _4 4 �� p� ECOG• o 1� S o' fir.. '•� TODD M]ELKE, Chair 1, • • • ABSENT i ATTEST: }''1c %••' 't< ' ' MARK RICHARD, Vice-Chair Cler f the Board ` CO Daniela Erickson ,`i��. ARRIS, Commissioner DATED: 1//06 CITY SPOKANE VALLEY er:L. 4.4.,i ,lae-4--e.—e--a-) .- /3-6;:‘ David Mercier,City Manager Christine Bainbridge,City Clerk APPROVED AS TO FORM ONLY: • Office of City rney _Jnterlocal Agreement,Hearing Examiner Page 9 of 11 • EXHIBIT 1. Hearing Examiner Services shalt include all time spent by the Hearing Examiner in making 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 finder the CITY 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 . staff to discuss improvements to CITY 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 Council andlor Planning Commission. 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 shall be responsible for providing legal advice to the Hearing Examiner in conjunction with him performing Hearing Examiner Services under the terms of this Ageement. Hearings shall be held in that location designated by the CITY. • • • • • Interlocal Agreement,Hearing Examiner Page 10 of 11 • • EXIT 2 SPOKANE COUNTY• SPOKANE VALLEY HEARING EXAMINER HOURLY RATE 2005 CONTRACT 2005 M&O Cost • Adopted Direct Labor Indirect Per Per Per Position No. Budget Cost per Flour flour Hour Hour Hearing Examiner 1 • .100,339.00 51.46 4.53 3.47 59.45 Staff Assistant 1 1 51,842.00 26.59 2.34 28.93 2 152,181.00 78.04 6.87 3.47 88.38, Note: Rate based on indirect costs per OMB A-87 Cost Plan Escalated 2003 for 2005, adjusted to only include depreciation of capital improvements acquired after the CITY's official date of incorporation, prepared by PRM Group, an independent plan preparrer applied to salary and benefits • 8.80% • Maintenance& Operation 2005 Adopted M& 0 10,771 Less: Expenditures Not Related to Spokane Valley - 4170 Legal -Use Spokane Valley Legal Services for (500) 5110 Intergovernmental-Spokane Valley will hire separate counsel for (1,000) 9110 interfund Professional -will (200) 95021ntcrfand Motor Pool -will not use for Valley cases (150) Less: Expenditure Reductions • 311.1 Office Supplies-reflects expected cost for 2005 (500) 4190 Other Professional-Lexis research only expected (400) 4940 Printing-reimbursed for 85% (1,260) Adjusted AT& 0 • 6,761. Annual Hours • Annual Hours Worked 1,950 Note: Spokane County employees work 7.5 hours per day, 37.5 hours per week,and 1,950 hours annually. Interlocal Agreement, Hearing Examiner Page 11 of 11 • jvalley 10210 East Sprague Avenue ♦ Spokane Valley WA 99206 509.720.5000♦ Fax: 509.720.5075 • cityhall@spokanevalley.org June 20, 2018 Gerry Gemmill Spokane County CEO 1116 West Broadway, First Floor Spokane,WA 99260 Re• 180-day notice of termination of Interlocal Agreement for Provision of Hearing Examiner Services in the City of Spokane Valley Dear Gerry, As we have discussed previously, and consistent with the action of the City Council on June 19, 2018, the City is hereby giving 180-day notice of termination of this interlocal agreement pursuant to Section 4. While the City has greatly benefitted from this agreement over the years, we feel it is in the City's best interest at this time to seek a different Hearing Examiner to consider the land use and dangerous dog matters for the City. As you will note, this will carry the services to the end of 2018. Please let me know if you have any questions regarding this matter, and thank you for your consideration. Very truly yours, ICL t / i Mark Calhoun, City Manager MC/cd pc: Board of Commissioners, Spokane County City Council, City of Spokane Valley