HomeMy WebLinkAbout05-056 - City of Seattle - Hearing Examiner ServicesINTERLOCAL AGREEMENT BETWEEN THE
CITY OF TUKWILA AND THE CITY OF SEATTLE FOR
HEARING EXAMINER SERVICES
THIS INTERLOCAL AGREEMENT ("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 Tukwila ("Tukwila") and the City of Seattle, acting through its
Office of Hearing Examiner ("Seattle"), for Tukwila's utilization of Seattle'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 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 for
Tukwila as required by Tukwila. Tukwila shall provide all support services
which include, but are not limited to, sending out notices to affected parties
and copying and distributing the hearing examiner's decision.
3 Compensation. Tukwila shall pay Seattle $70 00 per hour for Seattle's
hearing examiner services Seattle shall not bill for travel time between
Seattle and Tukwila. 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
4 Method of Payment. Seattle shall bill Tukwila on a monthly basis for work
performed. 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 Hearing Location. Hearings shall be held at Tukwila City Hall Tukwila shall
provide the necessary recording equipment in order to record the hearing. The
hearings may be held in the day or evening as required by Tukwila.
7 Hearing Decision. Hearings shall be conducted in compliance with the
Tukwila Municipal Code Upon conclusion of the hearing, Seattle shall issue
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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 one year and shall be subject to renewal every year 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 Harmless Seattle shall 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 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 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
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, 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
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 term of this
Agreement, the parties specifically understand and agree that venue shall be
exclusively in King County, Washington.
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13 Administrator No administrator is needed for this Agreement.
14 Manner of Acquiring, Holding, and Disposing of Real and Personal Property
No property is needed for this Agreement.
15 Notices. All notices required or permitted pursuant to this Agreement shall be
addressed as follows
City of Seattle Office of Hearing Examiner
Office of Hearing Examiner
618 Second Avenue, Room 1320
Seattle, WA 98104
City of Tukwila.
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
CITY OF TUKWILA
r
CITY OF SEATTLE
OFFICE OF HEARING EXAMINER
A Steven M Mullet, Mayor
Dated --f
Approved as to Form
Tukwila City Attorney
Sue A. Tanner, Hearing Examiner
Dated. 471l? /0S
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