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HomeMy WebLinkAboutCOW 2008-04-28 Item 4C - Interlocal Agreement - Hearing Examiner Services with City of Seattle COUNCIL AGENDA SYNOPSIS A sti s o :,z' rnttalr ITEM No. f Q 1 40 1 Meeting Date Prepared by Mayor's renew 1 Council review 7 ;o; 1 04/28/08 PB ��i� l 05/05/08 1 PB 'f. l soa t I I 1 1 rT tTEM-INFORMAT[ON CAS NUMBER: 08-050 ,ORIGINAL AGENDA DATE: APRIL 28, 2008 AGENDA I1'EM TITLE Interlocal Agreement for Hearing Examiner services CATEGORY Discussion Motion Resolution Ordinance 1 BtdAward n Public Heanng Other Mtg Date 04/28/08 Mug Date 05/05/08 Mtg Date Mtg Date Mtg Date Mtg Dale Altg Dote SPONSOR n Council Mayor Adm Svcs DCD Fznance Fire Legal 1J P &R Police I 1 PW SPONSOR'S The City of Tukwila's interlocal agreement with the City of Seattle for Hearing Examiner SUMMARY services is up for renewal. This proposed agreement renews the agreement for two years with some minor modifications. REVIEWED BY COW Mt CA &P Cmte F &S Cmte 1 1 Transportation Cmte n Utilities Cmte IT Arts Comm. n Parks Comm. Planning Comm.. DATE: 04/14/08 RECOMMENDATIONS: SPONSOR/ADMIN. Approval COZMr1IEE Unanimous Approval; Forward to Committee of the Whole COST= IMPACT/ FUND EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG.. DATE RE_c- O NCI L-= ACTION 4/28/08 1 1VITG DA AT=TACFIMENTS 4/28/08 Informational Memorandum dated 4/8/08 Interlocal Agreement with the City of Seattle Minutes from the Community Affairs and Parks Committee meeting of 4/14/08 KENYON DISEND, PLLC THE MUNICIPAL LAW Fix<4r MICHAEL R. KENYON 11 FRONT STREET SOUTH KERRI A. JORGENSEN BRUCE L. DISEND ISSAQUAH, WASHrNGTON 98027 -3820 PETER B BECKWITH SHEI T.FY M. KERSLAKE WWW.KENYONDISEND.COM RENEE G. WALLS (425) 392 -7090 (206) 628 -9059 KARI L. SAND SANDRA S. MEADOWCROFT FAX (425) 392 -7071 MoNIcA A. Bucx CHRIS D. BACHA KATHRYN J. HARDY MARGARET J. KING AmY Jo PEARSAT.I. TO: Community Affairs and Parks Committee FROM: Peter Beckwith DATE: April 8, 2008 RE: Hearing Examiner Interlocal Agreement ISSUE Whether the City should renew its Interlocal Agreement with the City of Seattle for Hearing Examiner services. BACKGROUND The Interlocal Agreement for Hearing Examiner services that the City entered into two years ago will expire in June 2008. DISCUSSION The City of Seattle is willing to continue providing the City with Hearing Examiner services but has requested some modifications to the Tnterlocal Agreement. Seattle has requested an increase in its Hearing Examiner fees from $75 to $95 per hour. This increase will bring these fees in line with what other municipalities are paying for Seattle's Hearing Examiner services. Seattle has also requested that the City directly reimburse its Hearing Examiners for their travel costs as opposed to having these costs go through Seattle's fmance department. RECOMMENDATION Approve the interlocal and move it forward to the April 28` Committee of the Whole. Attachments: Proposed Interlocal Agreement. Document SERVING WASHINGTON CITIES SINCE 1993 INTERLOCAL AGREEMENT BETWEEN TJIE CITY OF TUKWILA AND THE CITY OF SEATTLE FOR HEARING EXAMINER SERVICES THIS INTERLOCAL AGREEMENT "Agreement is made and entered into puns iant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Vy`ashington, by and between the City of Tukwila "Tukwila and the City of Seattle, acting through its Office of Hearing Examiner "Seattle for Tukwila's utilization of SeattIe's Hearing Examiner services. WHEREAS, Tukwila is in need of the services of a Hearing Examiner; and WHEREAS, Seattle has the experience, personnel, and willingness to provide hearing examiner services; NOW, THEREFORE, in consideration of the tenns and provisions herein, it is ag ree-d by and between Tukwila and Seattle as follows: 1. Statement of Purpose. The purpose of this Agreement is for Seattle to prov_de Hearing Examiner services to Tukwila. 2. Scone of Services. Seattle shall provide Hearing Examiner services and accompanying support services for Tukwila as required by Tuk 3. Compensation. Tukwila shall pay Seattle 595.00 per hour for Seattle. Hearing Examiner services. Tukwila shall pay Seattle $20.00 per hour for any support services requested by Tukwila. Seattle shall be reimbursed for any direct expenses advanced on Tukwila's behalf including mailing and copying charges. If Seattle is required to provide any copying services in the performance of this Agreement, Tukwila shall pay Seattle :.15 per page for the copies. Drug asset forfeiture hearings shall have a one -hour mum t:um Bearing Examiner service charge unless Tukwila notifies Seattle of the rearm!✓ cancellation at least 24 hours prior to the scheduled hearing time Seattle shall not bill for travel time between Seattle and Tukwila Tnk'.vi1a will pay a 515 flat fee for round trip travel to Tukwila, together with mileage at the current government reimbursement rate (currently 50.5 cen'_s per mile). Each individual providing Hearing Examiner services under this Agreement shall separately present to Tukwila a monthly statement detailing the meage and number of trips to Tukwila for which the individual is eligible for reimbursement. Each individual providing Hearing Examiner services under this Agreement shall be paid directly and monthly within 3U days after Tukwila receives the individual's detailed request for reimbursement ruk■vila 2008 Contract 1 4. Method of Payment. Seattle shall bill Tukwila on a monthly basis for work perfoiined. Within 30 days of receiving Seattle's invoice, Tukwila shall issue a check to Seattle for services rendered. 5. Scheduling Services. Seattle's Hearing Examiner services shall be scheduled on a case -by -case basis. Tukwila shall contact Seattle to schedule appropriate dates and times. 6. Hearin Location. Hearings shall be held at Tukwila City Hall. Seattle shall provide the necessary recording equipment in order to record the hearings. The hearings may be held in the day or evening as required by Tukwila. 7. Hearin;? Decision. Hearings shall be conducted in compliance with the Tukwila Municipal Code. Upon conclusion of the hearing, Seattle shall issue a written decision. This decision shall make findings of fact and conclusions of law based on the Tukwila Municipal Code. The written decision shall be issued within 15 business days of the hearing unless unusual circumstances exist. 8. Duration. This Agreement shall take effect upon execution of the Agreement by both parties, and the appointment of the Hearing Examiner by the Mayor of Tukwila and the approval of the Tukwila City Council. This Agreement shall remain in effect for two years and shall be subject to renewal by mutual agreement. 9. Termination. Either party may teiininate this Agreement by giving thirty (30) days written notice of teiniination to the other party. 10. Indemnification and Hold Haluiless. Seattle shall defend, indemnify, and hold halinless Tukwila and its officers, agents, and employees from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of Seattle, its officers, agents, and employees in relation to this Agreement. Likewise, Tukwila shall defend, indemnify, and hold harmless Seattle and its officers, agents, and employees from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of Tukwila, its officers, agents, and employees in relation to this Agreement. Except as provided below, in the event the parties are deteiuiined 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. Tukwila 2008 Contract 2 Seattle does not assume liability or responsibility for, or in any way release Tukwila from, any liability or responsibility that arises, in whole or in part, from the existence or effect of Tukwila'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 Tukwila ordinance, code, pohcy, or regulation, including its constitutionality, is at issue, Tukwila shall defend the same at its sole cost and expense, and if judgment is entered, or damages are awarded against Seattle, or against Seattle and Tukwila jointly, Tukwila shall promptly satisfy the same. 12. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration or other proceeding is instituted to enforce any teiiu of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. 13. Administrator. No administrator is needed for this Agreement. 14. Records Retention and Transference. Seattle may retain records up to one year from the date of final disposition after which Seattle shall transfer the records to Tukwila. 15. Notices. All notices required or permitted pursuant to this Agreement shall be addressed as follows: City of Seattle: City of Tukwila: Office of Hearing Examiner Office of the City Clerk P.O. Box 94729 6200 Southcenter Blvd. Seattle, WA 98124 Tukwila, WA 98188 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA CITY OF SEATTLE OFFICE OF HEARING EXAMINER Jim Haggerton, Mayor Sue A. Tanner, Heanng Examiner Dated: Dated: Approved as to Form: Tukwila City Attorney Tukwila 2008 Contract 3 i c City of Tukwila y 1 a f Community Affairs and Parks Committee isos COMMUNITY AFFAIRS AND PARKS COMMFITEE Meeting Minutes April 14, 2008 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De' Sean Quinn Staff: Peter Beckwith, Rhonda Berry, and Kimberly Matej CALL TO ORDER: Chair Hernandez called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract Renewal for Hearing Examiner Staff is seeking full Council approval to renew an interlocal agreement with the City of Seattle for hearing examiner services. The current contract expires in June. Two significant changes are being made to the agreement: Increase in hearing examiner fees. Hearing examiners will bill the City of Tukwila directly for travel reimbursements rather than going through the City of Seattle (encourages more efficient payments). These changes are reasonable. The fee increase from $75 to $95 per hour is comparable to what surrounding municipalities are paying for hearing examiner fees. Rhonda provided a brief background of the City's previous use of hearing examiner services provided by the City of Renton; the City of Seattle is by experience, able to offer greater flexibility in accommodating and providing these services. UNANIMOUS APPROVAL. FORWARD TO APRIL 28 COW FOR DISCUSSION. M. MISCELLANEOUS Meeting adjourned at 5:14 p.m. Next meeting: Monday, April 28, 2008 5:00 p.m. Conference Room #3 Committee Chair Approval Minutes by KAM.