HomeMy WebLinkAboutReg 2014-11-17 Item 4I - Interlocal Agreement - Hearing Examiner Services with City of SeattleCOUNCIL AGENDA SYNOPSIS
Initials
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11/17/14
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Motion
Date 11/17/14
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SPONSOR El Council Mayor El HR DCD
U Finance -ire D IT El P&R 0 Police Pr
SPONSOR'S The City of Tukwila's interlocal agreement with the City of Seattle for Hearing Examiner
SUMMARY services needs to be modified to reflect an increase in their hourly rates. The agreement
runs through 2016.
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0 COW Mtg.
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ITEM INFORMATION
ITEM No.
4.1.
STAFF SPONSOR: NORA GIERLOFF
ORIGINAL AGENDA DATE: 11/17/14
AGENDA ITEM TITLE Inter local Agreement with Seattle for Hearing Examiner Services
CATEGORY Discussion
Mtg Date
4
Motion
Date 11/17/14
0 Resolution
Mtg Date
El Ordinance
Mtg Date
El Bid Award
Mtg Date
El Public earing
Mtg Date
[]Other
Mtg Date
Mtg
SPONSOR El Council Mayor El HR DCD
U Finance -ire D IT El P&R 0 Police Pr
SPONSOR'S The City of Tukwila's interlocal agreement with the City of Seattle for Hearing Examiner
SUMMARY services needs to be modified to reflect an increase in their hourly rates. The agreement
runs through 2016.
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0 COW Mtg.
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CA&P Cmte
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0 Parks Comm.
COMMITTEE CHAIR:
0 Transportation
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El Arts Comm.
MI Utilities
U Planning Comm.
DATE: 11/12/14
DUFFIE
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Department of Community Development
Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/17/14
MTG. DATE
ATTACHMENTS
11/17/14
Informational Memorandum dated 11/5/14
Interlocal Agreement
Minutes from the Community Affairs and Parks Committee meeting of 11/12/14
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TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and P ks
FROM: Jack Pace, DCD Director' I
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
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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
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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
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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 /01
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ilk
City of Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes
November 12, 2014 — 5:30 p.m. — Hazelnut Conference Room
PRESENT
Councilmembers:
Staff:
Guests:
Joe Duffie, Chair; Dennis Robertson, Verna Seal
Jack Pace, Derek Speck, Tracy Gallaway, Nate Robinson, Minnie Dhaliwal
Vanessa Zaputil, Alex Zaputil, Residents; Brooke Alford, Planning Commission;
Maranda James, Alejandra Silva, Mohamed Abdi, Travis Boyd, Unique Hebert,
Tikeisha Tramble- Porter, Araik Papyan, Gabriela Rosales, Teens for Tukwila; Omar
Lee, Lyndia Lee, Calvin Lee, Washington Place; Jerry Lee, Mulvanny Architecture
CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
Interlocal Agreement: Hearing Examiner Services
Staff is seeking Council approval to amend an existing interlocal agreement with the City of
Seattle for Hearing Examiner services to reflect increased 2015 rates. The current agreement
continues through December 31, 2016, and the City of Seattle is raising the rate from $105 to
$115 in 2015. For land use cases the cost is passed through to the applicant. Tukwila has
contracted with Seattle for these services since 2005. MAJORITY APPROVAL. FORWARD
TO NOVEMBER 17, 2014 REGULAR CONSENT AGENDA.
B. Resolution: Teens for Tukwila Charter
Staff is seeking Council approval of a resolution to approve the charter of the Teens for
Tukwila student group. Teens for Tukwila is a group of Tukwila high school students who
make a commitment to strengthening the community through various volunteer and advocacy
projects. They desire to establish a more formal and stable relationship with the City Council
based upon a shared goal of service to the community. Ms. Silva and Mr. Abdi spoke on
behalf of the group to review the Charter provisions. Committee members asked clarifying
questions, and the following highlights emerged:
• Teens for Tukwila will discuss at a future date the option of opening membership to
students from Highline School District and students who are homeschooled.
• The format of the bi- monthly report to Council can be written and submitted via
email, or delivered in person at a Committee or Council meeting.
• Because the Charter is approved by the Council via resolution, future amendments
to it must be approved by Council.
Staff distributed an amended version of the Charter that changed the opening sentence from
"Teens for Tukwila is a group of Tukwila residents..." to "Teens for Tukwila is made up of
Tukwila residents..." The Committee approved this amendment. UNANIMOUS APPROVAL.
FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE WHOLE.
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