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CSS 2022-02-14 Item 1B - Interlocal Agreement - Fire Investigations
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2022-02-14 Community Services and Safety
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CSS 2022-02-14 Item 1B - Interlocal Agreement - Fire Investigations
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Council Committees
Committees Date (mm/dd/yy)
02/14/22
Committee Name
Community Services and Safety 2020-Present
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Agenda Packet
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7. Dispute Resolution. <br />7.1. Prior to any other action, the parties shall meet and attempt to negotiate a resolution to such <br />dispute. <br />7.2. If the parties are unable to resolve a dispute regarding this Agreement through negotiation, either <br />party may demand mediation through a process to be mutually agreed to in good faith between <br />the parties within 30 days. The parties shall share equally the costs of mediation and each party <br />shall be responsible for their own costs in preparation and participation in the mediation, <br />including expert witness fees and reasonable attorney's fees. <br />7.3. If a mediation process cannot be agreed upon or if the mediation fails to resolve the dispute <br />then, within 30 calendar days, either party may submit the dispute to arbitration according to the <br />procedures of the Superior Court Rules for Mandatory Arbitration, including the Local <br />Mandatory Arbitration Rules of the King County Superior Court, King County, Washington, as <br />amended, unless the parties agree in writing to an alternative dispute resolution process. The <br />arbitration shall be before a disinterested arbitrator selected pursuant to the Mandatory <br />Arbitration Rules with both parties sharing equally in the cost of the arbitrator. The location of <br />the arbitration shall be mutually agreed or established by the assigned Arbitrator, and the laws <br />of Washington will govern its proceedings. Each party shall be responsible for its own costs in <br />preparing for and participating in the arbitration, including expert witness fees and reasonable <br />attorney's fees. <br />7.4. Following the arbitrator's issuance of a ruling/award, either party shall have 30 calendar days <br />from the date of the ruling/award to file and serve a demand for a bench trial de novo in the King <br />County Superior Court. The court shall determine all questions of law and fact without <br />empanelling a jury for any purpose. If the party demanding the trial de novo does not improve <br />its position from the arbitrator's ruling/award following a final judgment, that party shall pay all <br />costs, expenses and attorney fees to the other party, including all costs, attorney fees and <br />expenses associated with any appeals. <br />7.5. Unless otherwise agreed in writing, this dispute resolution process shall be the sole, exclusive <br />and final remedy to or for either party for any dispute regarding this Agreement, and its <br />interpretation, application or breach, regardless of whether the dispute is based in contract, tort, <br />any violation of federal law, state statute or local ordinance or for any breach of administrative <br />rule or regulation and regardless of the amount or type of relief demanded. <br />8. Miscellaneous: <br />8.1. Administration. This Agreement shall be administered by the Fire Chiefs or Designees. <br />8.2. Property Ownership. This Agreement does not provide for jointly owned property unless <br />specific provision is made for joint ownership in a Collaborative Activities Exhibit. All property <br />presently owned or hereafter acquired by a party to enable it to perform the services required <br />under this Agreement, shall remain the property of the acquiring party in the event of the <br />termination of this agreement. <br />8.3. Notices. All notices, requests, demands and other communications required by this agreement <br />shall be in writing and, except as expressly provided elsewhere in this agreement, shall be <br />deemed to have been given at the time of delivery if personally delivered or at the time of mailing <br />3 <br />31 <br />
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