INTERLOCAL AGREEMENT FOR CITY OF MERCER ISLAND HEARING EXAMINER

Similar documents
MASTER INTERLOCAL AGREEMENT BETWEEN LOTI CLEAN WATER ALLIANCE AND THURSTON COUNTY

DEPOSITORY AND BANKING SERVICES CONTRACT. This Depository and Banking Services Contract, hereinafter

CONTRACT FOR PROFESSIONAL SERVICES By and between TOWN OF JONESBORO And CHIEF FINANCIAL OFFICER And LOUISIANA LEGISLATIVE AUDITOR STATE OF LOUISIANA

GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE. between the City of and

NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and between Bellevue and Mercer Island as follows:

Topsfield Water Department Invitation to Bid Potassium Hydroxide June 1, 2007

INTERLOCAL AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN KITSAP PUBLIC HEALTH DISTRICT AND THE KITSAP CONSERVATION DISTRICT

City Council Report 915 I Street, 1 st Floor

BATES TECHNICAL COLLEGE CONSULTANT AGREEMENT

INTERLOCAL AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY RESPONSE SERVICES AND FUNDING BY AND BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH

CONTRACT FOR PUBLIC DEFENDER CITY OF WALLA WALLA

AGREEMENT BY AND BETWEEN UNIVERSITY OF CALIFORNIA HASTINGS COLLEGE OF THE LAW AND ---

W I T N E S S E T H :

CONSULTANT AGREEMENT

RESOLUTION NO A RESOLUTION regarding Washington State Department of Community Development Growth Management Actgrant funds for

U. S. DEPARTMENT OF ENERGY WORK FOR OTHERS AGREEMENT WITH A NON-FEDERAL SPONSOR. Strategic Partnership Project Agreement (SPP) No.

ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND THE CITY OF

SERVICE AGREEMENT XX-XXXX-XXX-XX

CAPTION FINANCIAL SUMMARY

Contract for Professional or Consultant Services

CONTRACT FOR LEGAL SERVICES BETWEEN The SHERBURNE COUNTY LAW LIBRARY BOARD AND COUNSEL

MUTUAL AID INTERLOCAL AGREEMENT FOR UTAH PUBLIC WORKS EMERGENCY MANAGEMENT

agreements set forth herein, it is agreed by and between the City and Kitsap Transit as follows:

DEPARTMENT OF PUBLIC WORKS. Road Division ADDENDUM #1 COUNTY OF MERCED DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSAL:

INTERLOCAL AGREEMENT BETWEEN PARK CITY MUNICIPAL CORPORATION AND SUMMIT COUNTY RECITALS

- MODEL - Public Law , the Federal Technology Transfer Act of 1986, as amended.

AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR

AGREEMENT FOR PROFESSIONAL SERVICES Contract No.

Adopted: 01/10/18 Effective: 01/21/18

AGREEMENT FOR LEGAL SERVICES Prosecution Services (Prosecuting Attorney for the City of Mountlake Terrace)

Non-Discretionary IA Services Client Services Agreement

REQUEST FOR PROPOSAL #7036 CONFLICT PUBLIC DEFENSE SERVICES Due: November 9, 2012, 3:00 PM Pacific Local Time

Interlocal Agreement for Fire Protection Services

CITY OF ENID RIGHT-OF-WAY AGREEMENT

CENTRAL HUDSON GAS & ELECTRIC CORP. CONSOLIDATED BILL BILLING SERVICES AGREEMENT

FILED. / / cjq RESOLUTION NO. R-76-16

INDEPENDENT CONTRACTOR AGREEMENT

THIRD AMENDED AND RESTATED AGREEMENT FOR INDIGENT CARE SERVICES BETWEEN INDIAN RIVER COUNTY HOSPITAL DISTRICT AND INDIAN RIVER MEMORIAL HOSPITAL, INC.

Mutual Aid and Assistance Agreement for Washington State for Intrastate Water/Wastewater Agency Response Network (WARN) As of: 04/13/09

City of South Lake Tahoe

CITY OF PROSSER REQUEST FOR PROPOSAL. To Provide. On Call Electrical Services. Located at: TH STREET PROSSER, WASHINGTON 99350

Non-Proprietary User Agreement BETWEEN

INTERLOCAL CORRECTION /DETENTION AGREEMENT. This Correction/ Detention Agreement is made and entered into by and between the City I.

INTERLOCAL AGREEMENT FOR DESIGN OF 56 TH STREET/CIRQUE DRIVE BETWEEN THE CITY OF TACOMA AND THE CITY OF UNIVERSITY PLACE

EXHIBIT C MUTUAL BENEFITS KEEP POLICY TRUST AGREEMENT

LAWYER REFERRAL AND INFORMATION SERVICE RULES

INTERLOCAL AGREEMENT FOR DISASTER DEBRIS MANAGEMENT. THIS INTERLOCAL AGREEMENT is made and entered into this day of,

ARTICLE 1. GRANT OF PERMIT

MONROE CITY COUNCIL. Agenda Bill No Authorize Mayor to Sign Agreement with Mara J. Rozzano, Monroe Municipal Court Judge

Request For Proposals Hwy 124 E ADA Door Opener Hallsville City Hall

C I T Y O F H E R M O S A B E A C H M E M O R A N D U M

CONSTRUCTION LICENSE AGREEMENT

COOPERATIVE ENDEAVOR AGREEMENT BETWEEN CITY OF HAMMOND AND LOUISIANA CHILDREN S DISCOVERY CENTER

INTERLOCAL AGREEMENT BETWEEN SKAMANIA COUNTY AND THE CITY OF STEVENSON FOR PROMOTION OF TOURISM SEASONAL PUBLIC TRANSPORTATION

SPATIAL DATA LICENSE AGREEMENT

CONTRACT. by and between. County Land Reutilization Corporation. and. Court Community Service

BY-LAWS NARRAGANSETT BAY WATER QUALITY MANAGEMENT DISTRICT COMMISSION

LOCATION USE AGREEMENT BETWEEN THE UNIVERSITY OF WYOMING AND

New Hampshire Public Works Mutual Aid Program Mutual Aid and Assistance Agreement

Qualified Retirement Plan Setup Form

NEWBURYPORT YACHT CLUB BYLAWS

SAMPLE PROPERTY AND LIABILITY INSURANCE BROKER SERVICES AGREEMENT BETWEEN SPOKANE AIRPORT AND

ARTICLES OF AMENDMENT SHORELINE CHRISTIAN SCHOOL. I. Name. The name of the corporation is Shoreline Christian School.

SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY

City of Hyattsville RFP

PERSONAL SERVICES CONTRACT

The Corporation of the Municipality of West Grey By-law Number

BYLAWS TYLER WOODS HOMEOWNERS ASSOCIATION ARTICLE I

LloySchaa/ Assistant Superintendent of Teaching and Learning

GROSS RECEIPTS INVESTMENT PROGRAM ( GRIP ) AGREEMENT

TOURISM PROMOTION AGREEMENT

A JOINT POWERS AGREEMENT FORMING THE SCHOOLS RISK AND INSURANCE MANAGEMENT GROUP

PROFESSIONAL SERVICES AGREEMENT

THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON

FIRST INDEMNITY OF AMERICA INSURANCE COMPANY INDEMNITY AGREEMENT

City of Signal Hill Cherry Avenue Signal Hill, CA

SIDEWALK CONSTRUCTION PARTICIPATION AGREEMENT

MASSACHUSETTS LIFE SCIENCES CENTER 1000 WINTER STREET, SUITE 2900 WALTHAM, MASSACHUSETTS 02451

We look forward to working together with you on this project and please feel free to call me at (907) if you have any questions.

THE SOCIETY FOR HEALTHCARE EPIDEMIOLOGY OF AMERICA, INC. BYLAWS ARTICLE I NAME

Northern Iron Creditors' Trust Deed

Authorizing the City Manager to execute an Agreement between the City of Columbia and Passport Parking

GROUP AFFILIATION AGREEMENT For 4-H AUTHORIZED GROUPS

CANADIAN COUNCIL OF MINISTERS OF THE ENVIRONMENT INC. (CCME)

AGREEMENT PURSUANT TO CHAPTER 28E, IOWA CODE BETWEEN CITY OF OSKALOOSA, IOWA AND CITY OF PELLA, IOWA AND MAHASKA COUNTY, IOWA FOR

INDEPENDENT CONTRACTOR TERMS OF AGREEMENT Return to the Division of Human Resources when complete. Name: Individual: Business: (mark one)

HARRISBURG SCHOOL DISTRICT CONSULTING CONTRACT AGREEMENT

GROUP AFFILIATION AGREEMENT For 4-H CLUBS

EMPLOYMENT AGREEMENT ("AGREEMENT") BETWEEN ERIE COUNTY GAMING REVENUE AUTHORITY ( AUTHORITY ) AND PERRY WOOD ("WOOD")

Pacific Financial Aid Association

Unemployment Compensation PooI Cooperative Interlocal Agreement

CLIENT CONTRACT STATE OF TEXAS }

Pinal County School Office. District Superintendents/Board Secretaries. 2012/13 Data Processing Service Program Agreement and Invoice

COUNTY OF GORDON. This Agreement is made as of the of, 2013, by and between Gordon

FUNDING AGREEMENT FOR SECTION 5317 NEW FREEDOM PROGRAM GRANT FUNDS

THE NORTHSHORE HOMEOWNERS' ASSOCIATION ARTICLE I NAME AND LOCATION ARTICLE II DEFINITIONS ARTICLE III MEMBERS AND VOTING RIGHTS

NATIONAL BLACK LAW STUDENTS ASSOCIATION BLSA CONSTITUTION ARTICLE I NAME

CFA SOCIETY NEW MEXICO, INC. AMENDED AND RESTATED BYLAWS July 2018

- 1 - AGREEMENT between The United Nations and [Grant Recipient]

CITY OF FROM: Chelsea Petersen, Assistant City Manager CHANHASSEN

Transcription:

INTERLOCAL AGREEMENT FOR CITY OF MERCER ISLAND HEARING EXAMINER The City of Mercer Island, a Washington municipal corporation (hereinafter "City") and the City of Seattle through its Office of Hearing Examiner, the address for which is P.O. Box 94729, Seattle, WA 98124-4729 (hereinafter "Examiner") agree as follows: I. PURPOSE (A) The City wishes to appoint Examiner as the Mercer Island Hearing Examiner pursuant to Mercer Island City Code Chapter 3.40 ( MICC 3.40 ). (B) The City intends that this interlocal agreement ( Agreement ), together with the provisions of MICC 3.40, define the above position as Mercer Island Hearing Examiner for purposes of Washington State law and City ordinances. (C) The governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34 and other Washington law, as may be amended. II. SERVICES (A) Examiner shall perform the duties of a Hearing Examiner for the City. Examiner shall take all actions to fulfill the obligations of the City for a Hearing Examiner as established by state law or City ordinances. (B) (C) Examiner agrees that all services and all duties incidental or necessary thereto, shall be conducted and performed diligently and completely and in accordance with professional standards of conduct and performance. Hearing Examiner services under this Agreement shall be provided by Sue Tanner and Anne Watanabe. Examiner is not responsible for or authorized under this Agreement to have hearing examiner services performed by any other person; provided that, the City Manager and Examiner may agree in writing that another person could provide hearing examiner services on behalf of Examiner. No assignment or transfer of this Agreement, nor of any interest in it, shall be made by the City or by Examiner. (D) In order that the City may evaluate the functions and cost effectiveness of Hearing Examiner services, Examiner shall prepare a report to the City Manager on its Hearing Examiner activities for the City on an annual basis. Page 2

III. COMPENSATION (A) Examiner shall be compensated for Hearing Examiner services provided to the City at $95 per hour. If the City opts to use Examiner staff services, Examiner will be compensated at $20 per hour for such services. If the City opts to use web page formatting services, Examiner will be compensated at $25.00 per hour for such services. Examiner shall be compensated for staff support as needed for the preparation of the Findings of Fact and Conclusions of Law, together with the Decision and/or Recommendation, at a rate of $20 per hour. (B) (C) Examiner shall be reimbursed for Examiner s direct expenses advanced on the City s behalf. Representative examples of such expenses include mileage and mailing costs, but not costs for materials. Examiner shall be compensated for mileage at the rate established in federal Internal Revenue Service regulations. The above fees and charges include all labor, materials, and expenses provided and/or required under this Agreement. (D) Examiner will submit a monthly billing statement to the City itemizing the hours spent performing Hearing Examiner functions, time spent for staff compensable under this Agreement, and itemizing any costs which may be charged to the City under this Agreement. Examiner shall be paid monthly within 30 days after the City receives the Examiner s detailed bill. IV. TERM (A) This contract shall take effect on the date it is signed by the last party signing the contract, and shall continue in effect until amended by the parties or terminated as provided in this Agreement. (B) Either party may terminate this Agreement at any time, with or without cause, by sixty (60) days written notice, except as otherwise provided in this Agreement. (C) If the City has cause for termination of this Agreement, the City shall promptly give written notice of such cause to Examiner. Termination under this subparagraph shall be effective as of the time stated in the written notice, which may be immediately. (D) Termination shall be effective as of the time stated in the written notice, provided that Examiner shall be entitled to compensation under the terms of this Agreement to the extent of the actual work performed hereunder prior to the termination effective date. Notice periods contained in this paragraph may be waived if done in writing. Page 3

V. GENERAL ADMINISTRATION AND MANAGEMENT (A) The City Attorney, or designee, shall review and approve the monthly compensation for Examiner. Examiner will report to the City Manager, or designee, regarding performance of services under this Agreement. (B) For Development Services Group ( DSG ) matters, Examiner will prepare typed Findings of Fact and Conclusions of Law, together with the Decision and/or Recommendation. The Examiner will deliver all Hearing Examiner reports to DSG for distribution to parties of record. (C) For matters originating in other City Departments, Examiner will prepare Findings of Fact and Conclusions of Law, (as required by law or regulation), together with the Decision and/or Recommendation and deliver the Hearing Examiner reports to the appropriate City department for distribution to the parties of record. VI. ADDITIONAL SERVICES (A) Upon mutual agreement of the parties, Examiner shall prepare materials for City staff to use in community education events or as otherwise requested. VII. ADMINISTRATION OF HEARINGS (A) The DSG Director, or designee, or other appropriate City department, will coordinate the scheduling of public hearings. Once a hearing has begun, the presiding Hearing Examiner shall have the discretion to decide whether that hearing may be continued to another date or time as necessary to accommodate the schedules of interested parties or if, in the presiding Hearing Examiner s discretion, a continuation is necessary in order to allow the parties to conclude a settlement. (B) City staff will provide Examiner copies of all necessary documents without charging for copies. (C) Hearing Examiner hearings shall be conducted in accordance with the City of Seattle Hearing Examiner Rules of Practice and Procedure as amended. VIII. PROFESSIONAL REQUIREMENTS (A) Examiner will keep current on issues relevant to the Hearing Examiner, including attendance at continuing education programs emphasizing planning regulations and land use legal issues. Page 4

(B) (C) Although Examiner is not a City employee, Examiner agrees to follow the guidelines in the Mercer Island Code of Ethics in the Employee Handbook, attached hereto as Exhibit A. Examiner agrees that during the term of this Agreement, Examiner will not engage in or accept private employment from or render services for private interests, when such employment or service is incompatible with the proper discharge of the official duties of Hearing Examiner, or would tend to impair independence of judgment or action in performing Hearing Examiner duties, nor accept a retainer or compensation that is contingent upon a specific action by the City. (D) Examiner, during the term of this Agreement, agrees that Examiner will not appear in any proceeding in which the City or a City officer is a party, including before the City Planning Commission, City Design Commission, and City Council, except as a witness under subpoena, without the prior written consent of the City Manager. (E) In view of the special relationship between Examiner and the City under this Agreement, for one year after the expiration or termination of this Agreement, Examiner agrees to not appear as a witness or agent in any matter or case adverse to the City nor to appear as a witness or agent of a private party before the City Hearing Examiner, the City Planning Commission, the City Design Commission, or the City Council. VIX. HEARING EXAMINER INDEPENDENCE The parties recognize that the Hearing Examiner position is quasi-judicial in nature. As such, the Hearing Examiner needs to have independence in carrying out the quasi-judicial responsibilities. The Hearing Examiner needs to have independence from the City Council and the City Manager with regard to the making of quasi-judicial decisions. The parties understand and agree that the Hearing Examiner shall be free of any supervision or other influence from the City Manager or other City officials with respect to any decision or recommendation made by the Hearing Examiner on any specific case, issue, or permit. The parties will also be cognizant of the need to maintain an appearance of independence from staff with regard to quasijudicial matters. At the same time, there is also a need for coordination between the Hearing Examiner and City officials and staff to assure that other duties and roles are performed. For example, the Hearing Examiner needs to communicate and coordinate with City staff regarding the administrative aspects of specific hearings and in general with regard to hearing procedures. Page 5

X. INDEPENDENT CONTRACTOR Examiner is and shall be at all times during the term of this Agreement an independent contractor and not an employee of the City. Examiner agrees that it is solely responsible for paying federal income tax and other taxes, fees or charges. Except for facilities the City provides under the Rules of Procedure or this Agreement, Examiner is responsible for providing the office space and clerical support necessary for the performance of services under this Agreement. City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance or unemployment compensation programs or otherwise assuming the duties of an employer with respect to Examiner, or any employee of Examiner. XI. OWNERSHIP OF WORK PRODUCT All information, records, files, and documents produced under this Agreement shall belong to the City. XII. SUCCESSORS AND ASSIGNS Examiner shall not assign, transfer, convey, pledge or otherwise dispose of this Agreement or any part of this Agreement. XIII. NONDISCRIMINATION No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age, except minimum age and retirement provisions, marital status, sexual orientation, or the presence of any sensory, mental or physical disability or the use of a trained guide dog or service animal by a disabled person. XIV. INDEMNITY The Examiner shall protect, defend, indemnify and save harmless the City, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Examiner, its officers, employees and agents in performing this Agreement The City shall protect, defend, indemnify and save harmless Examiner, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City, its officers, employees or agents in performing this Agreement. Page 6

Except as provided below, in the event the parties are determined jointly liable to any claimant or litigant, each party shall bear responsibility for its own defense, including the payment of all attorney fees and costs associated therewith, and shall satisfy any judgment or settlement to the extent fault is allocated to such party. The Examiner does not assume liability or responsibility for, or in anyway release the City from liability or responsibility that arises, in whole or in part, from the existence or effect of the City s ordinances, code, policies, rules or regulations. If any cause, claim or action of any kind is commenced in which the enforceability and/or validity of any City ordinance, code, policy or regulation, including its constitutionality, is at issue, the City shall defend the same at its sole cost and expense, and if judgment is entered, or damages are awarded against the Examiner, or the Examiner and City jointly, the City shall promptly satisfy the same. XV. NONEXCLUSIVE CONTRACT This shall be a nonexclusive contract. The City reserves the right to appoint additional hearing examiners and to contract for alternative services in the future. Nothing herein shall be interpreted to prohibit such future appointments, or to guarantee a level of payment under this contract, or the level of cases forwarded to Examiner for future years. XVI. WRITTEN INTEGRATION This Agreement, together with any attachments and addenda represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties hereto. Examiner expressly waives any rights not specifically incorporated herein and expressly waives any right or benefit which Examiner might claim under the City Personnel Code. XVII. COMPLIANCE WITH LAWS Examiner shall comply with all applicable State, Federal and City laws, ordinances, regulations, and codes. XVIII. FUTURE SUPPORT City makes no commitment and assumes no obligations for the support of Examiner activities except as set forth in this Agreement. Page 7

XIX. NOTICE Notice given pursuant to this contract shall be given in writing by directing it to: the Mercer Island City Manager at 9611 SE 36 th Street, Mercer Island, Washington 98040, or to City of Seattle, Office of Hearing Examiner addressed at P.O. Box 94729, Seattle, WA 98124-4729, or at such other address as Examiner may request. XX. SEVERABILITY In the event that any provision of this Agreement shall be held invalid, the remaining provisions shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is made on the date last written below: CITY OF SEATTLE OFFICE OF HEARING EXAMINER CITY OF MERCER ISLAND: By: Name: Title: Date: ATTEST: By: Richard M. Conrad, City Manager Date: ATTEST: Name: Seattle City Clerk APPROVED AS TO FORM: Allison Spietz Mercer Island City Clerk APPROVED AS TO FORM: Name: Seattle City Attorney Katie H. Knight Interim Mercer Island City Attorney Page 8

Page 9

Page 10