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Home My WebLink AboutCAP 2008-04-14 COMPLETE AGENDA PACKET City of Tukwila Community Affairs and Parks Committee . Joan Hernandez, Chair . Verna Griffin . De'Sean Quinn Distribution: S. Kerslake J. Duffie G. Labanara J. Hernandez K. Matej V. Griffin M. Miotke D. Quinn C. O'Flaherty P. Linder N. Olivas D. Robertson J. Pace Mayor Haggerton D. Speck R. Berry R. Still E. Boykan K. Narog(cover) B. Fletcher S. Kirby(email) K. Fuhrer S. Norris(email) V. JessoD P. Beckwith AGENDA Monday, April 14, 2008 Conference Room #3, 5:00 PM ITEM ACTION TO BE TAKEN Page 1. PRESENTATION(S) 2. BUSINESS AGENDA Contract renewal for Hearing Examiner; Forward to 4/28 C.O.W. Pg.1 Peter Beckwith, Assistant City Attorney. and 5/5 Regular. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monda~ April 2~ 2008 b The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206-433-1800 for assistance. KENYON DISEND/ PLLC THE MUl\TfCIPAL LA w Fnu.f 11 FRONT STREET SOUTH ISSAQUAH, \V ASHINGTON 98027-3820 WWVv.KENYONDISEND.COM (425) 392-7090 . (206) 628-9059 FAX (425) 392-7071 SA.."'DRA S. MEADOW CROff CHRIS D. BACHA MARGARET J. KING KERR! A. J ORGfu'lSEN PETER B. BECK\VITH RENEE G. WALLS KARI L. SAi.'1D MO:NICA A. BUCK KATHRYN J. HARDY ~fY J 0 PEARSAll MICHAEL R. KENYON BRUCE L. DISEND SHELLEY M. KERSLAKE FROM: Community Affairs and Parks Committee Peter Beckwith ~ TO: 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 lnterlocal 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 Interlocal 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 \\lith 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 finance department. RECOMME~1J)ATION Approve the interlocal and move it forward to the April 28th Committee of the Whole. Attachments: Proposed Interlocal Agreement. Document7iP/04/08!08 SERVING WASHINGTON CITIES SINCE 1993 INTERLOCAL AGREEMENT BET'VEEN THE CITY OF TUK\VILA Al\T}) THE CITY OF SEATTLE FOR HEARING EXAl\lINER SERVICES THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant to the !nteriocal Cooperation Act, Chapter 39.34 of the Revised Code ofWasbngton, by and behveen the City of Tukwila ("Tukwila") and the City of Seattle, acting through Its Office of Heming Examiner ("Seattle"), for Tukv.,ila's utilization of Seattle's Hearing Examiner services. \VHEREAS, Tukwila is in need of the services of a Hearing Examir.e-r; and .WHEREAS, Seattle has the experience, personnel, and willingness to provide hearing . . exammer serVIces; NOW, THEREFORE, in consideration of the tem1S and provisions he~ein, it is agreed by and between Tuk\vila 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 Tuk\vila as required by Tubvila~ 3. Compensation. Tuk\vila shall pay Seattle $95.00 per hour fa::: Seattle'~, Hearing Examiner services. Tuk\vila shall pay Seattle $20.00 per hour for any support services requested by Tukwila. Seattle shall be reimbursed for. any. direct expenses advanced on Tuk\vila's behalf including mailing and copying charges. If Seattle is required to provide any copying services in the performance of this Agreement, Tul.-wila shall pay Seattle $.15 per page for the copies. Drug asset forfeiture hearings shall have a one-hour l11111111mm Examiner service charge unless Tuk\vila notifies Seattle of the cancellation at least 24 hours prior to the scheduled hearing time. TT _ . ncanEg Hea~n~ Seattle shall not bill for travel time between Seattle and Tukwj]a. Tuhvila will pay a $15 flat fee for round trip travel to Tuk\vila, together with mileage at the current govemment 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 mileage and number of trips to Tukwila for which the individual is eligible for reimbursement. Each individual providing Heming Examiner services under this Agreement shall be paid directly and monthly within 30 days aftl;:r Tukwi1a receives the individual's detailed request for n:::imbursement rukwila 2008 Contract 1 4. Method of Payment. Seattle shall bill Tukwila on a monthly basis for work performed. Vvithin 30 days of receiving Seattle's invoice, Tukvvila 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 Tubvila 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 Tuk\vila, 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. Tuk\\ila 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, 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, VI ashington. 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 [mal disposition after \vhich 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, W A 98124 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 CITY OF SEATTLE OFFICE OF HEARING EXAMINER Jim Haggerten, Mayor Dated: Sue A. Tanner, Hearing Examiner Dated: Approved as to Form: Tukwila City Attorney Tukwila 2008 Contract 3