2020/09/16 Council Agenda Packet

11. STATUS OF COUNTY EMPLOYEES Subject to City civil service rules and state law, the City agrees to consider the hiring of County employees whose employment status is affected by the change in governance of the Annexation Area where such County employees make application with the City per the City hiring process and meet the minimum qualifications for employment with the City. The City's consideration of hiring of affected sheriff department employees shall be governed by the provisions set forth in RCW 35.13.360 through 35.13.400. The County shall in a timely manner provide the City with a list of those employees expressing a desire to be considered for employment by the City. 12. ADDENDA AND AMENDMENTS 12.1 Addenda. At the discretion of the Parties, an addendum to this Agreement may be prepared for the Annexation by the City to address any issues specific to the Annexation. If the Parties decide an addendum is necessary, the Parties may negotiate the addendum prior to the City's submittal of a Notice of Intention to the Boundary Review Board for the Annexation. 12.2 Amendments. The Parties recognize that amendments to this Agreement may be necessary. 12.3 Process for adending or amending this Agreement. An addendum or amendment to this Agreement must be mutually agreed upon by the Parties and executed in writing. Any addendum or amendment to this Agreement shall be executed in the same manner as this Agreement. 12.4 Additional agreements. Nothing in this Agreement limits the Parties from entering into interlocal agreements on issues not covered by, or in lieu of, the terms of this Agreement. 13. THIRD PARTY BENEFICIARIES There are no third party beneficiaries to this Agreement, and this Agreement shall not be interpreted to create any third party beneficiary rights. 14. DISPUTE RESOLUTION Except as herein provided, no civil action relating to any dispute, claim or controversy arising out of or relating to this Agreement may be commenced until the dispute, claim or controversy has been submitted to a mutually agreed upon mediator. The Parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. Each jurisdiction shall be responsible for the costs of their own legal representation. Either party may seek equitable relief prior to the mediation process, but only to preserve the status quo pending the completion of that process. The Parties INTERLOCAL AGREEMENT Page 12 of 21 BETWEEN THE CITY OF EVERETT AND SNOHOMISH COUNTY August 19, 2020 CONCERNING THE SMITH ISLAND WEST ANNEXATION PURSUANT TO RCW 35,13,470