HomeMy WebLinkAbout08-032 - City of Seattle - Hearing Examiner ServicesC O deci by ((MVO,
INTERLOCAL AGREEMENT BETWEEN THE 50T
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 and
accompanying support services for Tukwila as required by Tukwila.
3 Compensation. Tukwila shall pay Seattle $95 00 per hour for Seattle's
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
Tukwila 2008 HE Contract
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
Seattle shall not bill for travel time between Seattle and Tukwila. Tukwila
will pay a $15 flat fee for round trip travel to Tukwila, together with mileage
at the current government reimbursement rate (currently 50 5 cents per mile)
Each individual providing hearing examiner services under this Agreement
shall separately present to Tukwila a monthly statement detailing the mileage
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 30 days after
Tukwila receives the individual's detailed request for reimbursement.
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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. 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 Hearing 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 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.
Tukwila 2008 HE Contract
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
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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.
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
Office of Hearing Examiner
P 0 Box 94729
Seattle, WA 98124
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
CITY OF TUKWILA
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Approved as to Form
Tukwila 2008 HE Contract
Tukwila City Attorney
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City of Tukwila.
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
CITY OF SEATTLE
OFFICE OF HEARING EXAMINER
Sue A. Tanner, Hearing Examiner
Dated. 191 ow 7 2-0 v (Y--