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Home My WebLink AboutCAP 2014-11-12 Item 2A - Interlocal Agreement - Hearing Examiner Services with City of SeattleTO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and P ks FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy D Director DATE: November 5, 2014 SUBJECT: Hearing Examiner Interlocal Agreement ISSUE The current Interlocal Agreement with the City of Seattle for Hearing Examiner services runs through December 31, 2016. The agreement needs to be modified to reflect an increase in their hourly rates starting in 2015. BACKGROUND Tukwila has contracted with the City of Seattle for Hearing Examiner services since 2005. DISCUSSION The City of Seattle has performed these services for Tukwila in an efficient and cost effective manner for many years. There is no increase in cost for the remainder of 2014 though Seattle will be raising its hourly rate from $105 to $115 in 2015. FINANCIAL IMPACT For land use cases the cost of the Hearing Examiner is passed through to the applicant. Other Departments budget for these costs. RECOMMENDATION The Committee is being asked to forward this agreement to the Consent Agenda at the November 17, 2014 regular meeting for approval. ATTACHMENT A. Draft Interlocal Agreement 1 2 INTERLOCAL 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, a Washington municipal corporation ( "Tukwila "), and the City of Seattle, a Washington municipal corporation 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 conditions set forth 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 $105.00 per hour for Seattle's hearing examiner services through December 31, 2014 and $115.00 per hour for hearing examiner services rendered during the remaining term of this agreement. Tukwila shall pay Seattle $30.00 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 $0.15 per page for the copies. 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 $20.00 flat fee for round trip travel to Tukwila, together with mileage at the current government reimbursement rate. 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 thirty (30) days after Tukwila receives the individual's detailed request ATTACHMENT A. 3 for reimbursement. Seattle retains the right to increase its hourly rate in 2015, which will require amendment of this Agreement. 4. Method of Payment. Seattle shall bill Tukwila on a monthly basis for work performed. Within thirty 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 fifteen (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 through December 31, 2016 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 the 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 4 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. 11. 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 the Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. 12. Administrator. No administrator is needed for this Agreement. 13. 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. 14. Notices. All notices required or permitted pursuant to this Agreement shall be addressed as follows: City of Seattle Office of Hearing Examiner PO Box 94729 Seattle WA 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 Jim Haggerton, Mayor Dated: Approved as to Form Tukwila City Attorney CITY OF SEATTLE OFFICE OF HEARING EXAMINER Sue A. Tanner, Hearing Examiner Dated: 9 / l 9 / / `f 5