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Home My WebLink AboutCOW 2006-05-22 Item 4F - Interlocal Agreement - Hearing Examiner Services with City of Seattle tt_A N COUNCIL AGENDA SYNOPSIS e J (Di Iritialr Item No. b G O 1 l Meeti, g Date 1 Prepared by l Mayor''reeii 1 ;er.:6l rsz;✓ 1 W i I 05/22/06 I Ps I,t.� I�.1 rsoa I I I I I ITEM INFORMATION CaS NumBER: 06-064 I ORIGINAL AGENDA DATE: 5/22/05 AGENDA ITEM TrrLE Interlocal Agreement for Hearing Examiner Services CATEGORY Discussion Motion ha Ordinance Bid Award Public Heating Otu''r M(g Date 5 /22/06 lBg Date 06/05/06 Mfg Date Aft1 Date \Ug Date .lUg Dete Mg De:e I SPONSOR Council Mayor Adin Svcs DCD Finance Fire Legal P &R Police ply 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 Aftg. CA &P Cmte FRS Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning g Comm. DATE: 5/9/06 RECOMMENDATIONS: SPONSOR /ADMEN'. Forward to Council meeting for approval COMMITTEE Forward to COW meeting COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE IED APPROPRIATION REQUIRED $5,000.00 Fund Source: MAYOR /HEARING EXAMINER: 513.100.49.53 Comments: I MTG. DATE I RECORD OF COUNCIL ACTION I I MTG. DATE ATTACHMENTS 05/22/06 f Staff report (to CA&P Cmte) from Peter Beckwith dated 5/3/06 Proposed agreement with and without track changes Minutes from CA &P Cmte dated 5/9106 I I f I f KENYON DrSEND, PLLC THE Afm.7CIPALL-l w FE..}.! 11 FRO"T STREET SOUTH ISSAQGAH, WASfIDlGTON 98027-3820 WVl\V.KENYONDIsEsD.cm',I (425) 392-7090 . (206) 628-9059 FAX (425) 392-7071 PETER B. BEC<,WITH THO'.L~S J GUILFOIL RENEE G. W~LLS JOSEPH B. LEVA-, KARl L. S..\SD ;\IO"IC.~ A, Bue< KATHRr::: J HARDY l\lICHAEL R. KE..~YO~ BRUCE L. DISEND S~-\';''1DR..J,. S. ~1E.~WCROFT SHELLEY M. K.ERsLAXE HEIDI L. BROSIUS KERR! A. J ORGR."\'SE..'1 L-\CEY L. M-\DCHE INFORl\IATION MEMO To: From: Date: Re: Community Affairs aJid Parks Committee Peter Becbvith, Assistant City Attorney May 3, 2006 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 last year is up for renewal. DISCUSSION The City of Seattle is willing to continue providing the City with Hearing Examiner services but has requested some modifications to the Interlocal Agreement. The substantive changes are as follows. Seattle has requested an increase in its Hearing Examiner charges from $70 to $75 per hour. Seattle has also requested comperu;ation for its travel time and experu;e. In lieu of charging the City $75 per hour for travel, Seattle has requested a $15 flat fee and mileage reimbursement. Seattle has also agreed to handle the City's drug forfeiture hearings. The previous Hearing Examiner who handled these hearings, Park Eng, resigned from his position this past year. For these types of hearings, Seattle is requesting a one-hour minimum Hearing Examiner charge unless the City is able to provide Seattle with 24 hours notice of the hearing cancellation. This is due to the fact that individuals requesting this type of hearing usually do not appear. G:\.APPS\CNYruKV"IL.\.\1.femo\~.!EMO-HEJL\Info.oo="'KD~5;03J}5 em S 1993 .)ERV~G h ASHINGTO}.:; ES INCE Additional changes to the Interlocal Agreement have been made and appear in track changes. RECOi\IMEl\'DATION Authorize the Mayor to enter into an Interlocal Agreement for Hearing Examiner Services with the City of Seattle, Attachments: Proposed Interlocal Agreement with and v.ithout track changes. -2- G:\APP~.CIV\l1JKWIL.\~~e-TIW'~mm - HE llA Info,doc/KIJP:05iO};t5 L~TERLOCALAGREE~mNTBET~~ENTHE CITY OF TUK\VILA Al'\'D THE CITY OF SEATTLE FOR HEARING EXAi'UNER SERVICES THIS INTERLOCAL AGREEME1\TT ("Agreement") is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code ofWashmgton, by and between the City of Tukwila ("Tu1..'wila") and the City of Seattle, acting through its Office of Hearing Examiner ("Seattle"), for Tu1..",'ila's utilization of Seattle's hearing examiner services. WHEREAS, Tubvila is in need of the services of a hearing examiner; and WHEREAS, Seattle has the experience, personnel, and willingness to provide hearing . . exanuner servIces; NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and between Tukwila and Seattle as follows: 1 Statement of Purpose. The purpose of this Agreement is for Seattle to provide hearing examiner services to Tukwila. 2. Scope of Services. Seattle shall provide hearing examiner services and flliW providcaccompany1ng support services for Tukwila as required by Tukwila. TukY..ila shall be Primarily responsible to Pl'O'.ide all support se!Tices which mclude, but are not lirnitcd to, sending out notices to aftected parties and copying and distributing the hea11flg c:;aminor's decision. 3 Compensation. Tukwila shall pay Seattle 5+975.00 per hour for Seattle's hearing examiner services and a S 15 flat fee for round trip travel to Tukwila. Seattle shall not bill for travel time between Seattle and Tukwila. Seattle shall be compensated for mileage at the cunent government reimbursement rate (cunentlv 44.5 cents per mile). Tukwila shall pav Seattle 520.00 per hour for anv support services requested by Tulmila. Seattle shan be reimbursed for anv direct expenses advanced on Tukwila's behalf including mailing and copying charges. If Seattle is required to provide any copying services in the perfonnance of this Agreement, Tukwila shall pay Seattle $.15 per page for the copies. Drug asset forfeiture hearings shall have a one-hour mnmnum hearing examiner service charge unless Tukwila notifies Seattle of the hearing cancellation at least 4&24 hours prior to the scheduled hearing time. 4. Method of Payment. Seattle shall bill Tukwila on a monthly basis for work perfonned. Within 30 days of receiving Seattle's invoice, Tu1.'wila shall issue a check to Seattle for service.s rendered. -l- G."Citv Att(}rl1e\'~-PETEKCol!nciHmer1o...<3.1- f-Ieznng Exarnint. Au~c;;d 06.DOCF:-_\:::i3:".C:'.--::..:!? -:~:. (':::;::.~:: I:::'~~;:;::: H::::.:.-:::::: !:\::ff"':7.~. ~\R:::':-.::::-::! ~E.DOC~:'_\p~:;Di\ 1T:":~f: .i!-:;'CQ;:..._,::'k:J;;J;':~ !!-~,.:;,:, ::..:'i7.:::~"7.::-OC 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. Hearing Location. Hearings shall be held at Tukwila City Hall. Tu!cy;ila Seattle shall provide the necessary recording equipment io order to record the heario@. The hearings may be held io the day or evening as required by Tul-wila. 7 Hearing: Decision. Hearings shall be conducted in compliance with the Tukwila Municipal Code. Upon conclusion of the hearing, Seattle shall issue a wTitten 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 l5 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. Tbis Agreement shall remain in effect for ene-two ye~ and shall be subject to renewal every year by mutual agreement. 9 Tennination. Either party may tenninate this Agreement by giving thirty (30) days written notice of tennination to the other party lO. Indemnification and Hold Harmless. Seattle shall defend, indemnify, and hold harmless Tukwila and its officers, agents, and employees rrom 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 tbis Agreement. Likewise, Tukwila shall defend, indemnify, and hold harmless Seattle and its officers, agents, and employees rrom 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 tbis Agreement. Except as provided below, io the event the parties are detennined jointly liable to any claimant or litigant, each party shall bear responsibility for its own defense, iocluding 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 Seattle does not assume liability or responsibility for, or in any way release Tul-wila rrom, any liability or responsibility that arises, in whole or io part, rrom 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 wbich -2- Go Citv AtlOrnc,,/'PETEKCo>.mcil\lrHcr~o...<ll- Hi:.2ring EX2mir:er A.......,;T!cw. 06_DOC!,,":'-~\::;:-'C:'''-T::~-''"iI:::'C::-.;:''~::'.J:::.::~z.::::~ Hz::..-:..:: .L:::....:::::- ~~""..:::::!,,~ 'Js3_~CF:"_' p;:.::'-C; ..'\Tr:r~,::1;-~~:.T:J;;~_,:"k:':;~J"~-J n~-.::::,=, E..:::m:::::-.DOC the enforceability and/or validity of any Tubvila ordinance, code, policy, or regulation, including its constitutionality, is at issue, Tubvila 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 Tu1.'wila jointly, Tukwila shall promptly satisfy the same. l2. 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 term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, \Vashington. 13 Administrator. No administrator is needed for this Agreement. 14. Records Retention and TransferenceMaaaer of J',eqHirin~. HolElim:. and Disj3osffi~ of Real and Personal Pi"Oj3orty No property is nooded for this Agreement. Seattle may retain records UP to one year rrom the date of final disposition after which Seattle shall transfer the records to Tukwila, 15 Notices. All notices required or pennitted pursuant to this Agreement shall be addressed as follows: City of Seattle Office of Hearia:; E:~aminer: City ofTukwila: Office of Hearing Examiner 618 Seoond .',yenae, Room 1320P.O. Box 94729 6200 Southcenter Blvd. Seattle, WA 9&W498l24 Office of the City Clerk Tubvila, WA98l88 IN \VlTI\'ESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA CITY OF SEATTLE OFFICE OF HEARING EXA1vill,TER Steven M. Mullet, Mayor Dated: Sue A. Tanner, Hearing Examiner Dated: Approved as to Form: Tukwila City Attorney ~ -.)- G.':Cii\' AtiQmc-..-PETEK-CO!...'11ciI'Inteolo..--al- H~n2: Ex:=.rr.ir:;;r A.iT~ded 06_DOC::'-~.L.:::~:'C:';-::'::: -;:::-(':::::;__:::'J?;~~.;::::::! R:;:.-::::: ~~;::...:;-.[; ~\.._:;:~~;; e::.DOCF:'_ \p;;:'.c: .-'.T:..;~:" ~::.'c:;-;~_:t'l:::z;;:::::::~ ~~::; ~.::,,,;;::;-.D~C r:--, r;j ,f{) ~ CJ I" II! .< Ii ~ j,,<" ( UJ U-,\. " u INTERLOCAL AGREEIHENT BETWEEN THE CITY OF TUK\VILA Ai"\'D THE CITY OF SEATTLE FOR HEARING EXAl\III'i'ER SERVICES THIS INTERLOCAL AGREEMEJ\'T ("Agreement") is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between the City of Tu1..vila ('Tu1.'wiIa") and the City of Seattle, acting through its Office of Hearing Examiner ("Seattle"), for Tu1..vila's utilization of Seattle's hearing . . exammer 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 agreed by and between Tukwila and Seattle as follows: 1. Statement ofPllIPose. The purpose of this Agreement is for Seattle to provide hearing examiner services to Tukwila. 2. Scope of Services. Seattle shall provide hearing examiner services and accompanying support services for Tukwila as required by Tukwila. 3 Compensation. Tubvila shall pay Seattle 87500 per hour for Seattle's hearing examiner services and a S l5 flat fee for round trip travel to Tukwila. Seattle shall not bill for travel time between Seattle and Tub\<ila. Seattle shall be compensated for mileage at the current government reimbursement rate (currently 44.5 cents per mile). 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 Tubvila's behalf including mailing and copying charges. If Seattle is required to provide any copying services in the performance of this Agreement, Tub\<ila shall pay Seattle S.l5 per page for the copies. Drug asset forfeiture hearings shall have a one-hour I!11lliD1um hearing examiner seI\<ice charge unless Tubvila notifies Seattle of the hearing cancellation at least 24 hours prior to the scheduled hearing time. 4 Method of Pavment. Seattle shall bill Tubvila on a monthly basis for work performed. Within 30 days ofreceiving Seattle's invoice, Tub,<ila shall issue a check to Seattle for seI\'ices rendered. 5 Scheduling Services. Seattle's hearing examiner seI\<ices shall be scheduled on a case-by-case basis. Tubvila shall contact Seattle to schedule appropriate dates and times. -l- G.TiI)' Attome:y-\PETER'Councifumerlocill- Hearing Examiner A.Irended 06.00C 6. Hearing Location. Hearings shall be held at Tuk.'wila 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 Tubvi]a. 7 Hearing Decision. Hearings shall be conducted in compliance with the Tukwila Municipal Code. Upon concJusion of the hearing, Seatt]e shaH issue a wTitten 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 shaH be subject to renewal by mutual agreement. 9 Termination. Either party may terminate this Agreement by giving thirty (30) days written notice of termination to the other party 10. Indemnification and Hold Hannless. Seattle shaH defend, indemnify, and hold harmless 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 hannless 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 determined jointly liable to any cJaimant or litigant, each party shall bear responsibility for its own defense, incJuding 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 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, cJaim, or action of any kind is commenced in which the enforceability and/or validity of any Tukwila ordinance, code, policy, 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 -2- G:~City Attomey\PETER\CouncWInte-rloc.al- Hearing EX2Ininer An:-ended G6.DOC awarded against Seattle, or against Seattle and Tukwila jointly, Tukwila shall promptly satisfY the same. l2. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of \Vashington. In the event any suit, arbitration or other proceeding is instituted to enforce any tenn 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 tbis Agreement. 14 Records Retention and Transference. Seattle may retain records up to one year rrom 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: Office of Hearing Examiner P O. Box 94729 Seattle, WA 98124 City of Tukwila: Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA98188 IN WlTI\'ESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUK\VILA CITY OF SEATTLE OFFICE OF HEARlNG EXAlvITl\'ER Steven M. Mullet, Mayor Dated: Sue A. Tanner, Hearing Examiner Dated: Approved as to Fonn. Tukwila City Attorney ~ -j- G:'.Cit)' Attomei'PETER',CounciNnterlocal. Hearing Examiner Amended 06.DOC Community Affairs and Parks Committee May 9, 2006 Present: Joan Hernandez, Chair; Joe Duffie, Pamela Linder, Steve Lancaster, Jack Pace, Sandra Whiting, Bruce Fletcher, Derek Speck, Peter Beckwith, Kimberly Matej, Bill GOIjance, Brian Kennedy, Chuck Parrish 1. Till Artwork Update. Bill GOIjance and Brian Kennedy from the Arts Commission presented the Art Commission's proposal for three permanent art locations on TIB. The artist, Mara Smith, is a renowned artist who did the Tukwila Gateway carvings. The TIE artwork consists of three separate carvings done in raw brick reflecting Tukwila's natural beauty, one a panoramic sk~tch of Mt. Rainier, another of a heron, and another of an Eagle in flight. The artist's process involves carving the raw brick, which takes approximately one month, then fIring the brick and drying the brick, which takes another month, followed by inserting the sketch into one of the panels. The Art Commission carried over funding from the 2005 budget to complete this artwork and it is within the budgeted amount. According to Bruce, the installation of the art work will cost another $10,000 and will be taken from another budget. We are currently waiting for the formal contract to be signed before work can begin. Presentation was on the agenda for information only. No action requested at this time. '* 2. InterIocal Agreement with City of Seattle for Hearing Examiner services. The Interlocal Agreement with the City of Seattle for Hearing Examiner services has been in effect for one year and will need to be renewed if Tukwila wants to continue using Seattle for Hearing Examiner Services. Peter Beckwith presented a draft of the proposed Interlocal Agreement with the recommendation that the agreement be renewed for two years rather than one year. An increase of $5.00 per hour is being proposed making the compensation $75 per hour, plus mileage and a $15 flat fee for round trip travel to Tukwila. Also, due to the high incidents of failure-to-appear for drug forfeiture hearings, the draft agreement contains a clause that drug asset forfeiture hearings shall have a one- hour minimum hearing examiner service charge unless Tukwila notifies Seattle of the hearing cancellation at least 24 hours prior to the scheduled hearing time. DCD is the primary consumer of these services and Steve Lancaster said his department is pleased with the services and the fact that the hearing examiner is willing to travel to Tukwila to conduct the hearings. Forward to CO\V with committee recommendation for approval at the next Regular Meeting. 3. Off-site wetland mitigation program. Sandra Whiting, Urban Environmentalist, explained the objectives of the off-site wetland mitigation program and what it will accomplish. In cases where small wetland fIlls cannot be avoided, and where on-site mitigation for wetland impacts is not feasible, the program would provide alternatives for developers by identifying potential sites where they could carry out off-site wetland mitigation. After investigating three alternatives, staff is recommending the consolidated mitigation approach at designated sites. Consolidated mitigation would direct off-site mitigation to designated sites where the mitigation would be carried out by the developer under the City's supervision. After careful analysis, staff is proposing three initial sites