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Home My WebLink AboutCDN 2018-10-23 Item 2B - Interlocal Agreement - 2019-2020 Hearing Examiner Services with City of SeattleCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: October 12, 2018 SUBJECT: Hearing Examiner Interlocal Agreement ISSUE The current interlocal agreement with the City of Seattle for Hearing Examiner services runs through December 31, 2018. In order to continue this relationship a new agreement is needed. BACKGROUND Tukwila has contracted with the City of Seattle for hearing examiner services since 2005. The hearing examiner is the decision maker for Type 3 land use decisions including variances, special permission zoning modifications, subdivision preliminary plats and some wireless facility permits. Other actions include hearing appeals from Type 2 land use decisions, code enforcement actions, and impact fee determinations. DISCUSSION The City of Seattle Office of Hearing Examiner has performed these services for Tukwila in an efficient and cost effective manner for 13 years. They have proposed a modest increase to the hourly rate from $115 to $125 for the 2019-2020 period. There is no increase to the fees for support services or travel time. FINANCIAL IMPACT Hearing examiner costs are either covered by permit application fees or treated as a pass through to the applicant. RECOMMENDATION The Council is being asked to approve the agreement and consider this item at the November r-th Regular Meeting consent agenda. ATTACHMENT Draft Interlocal Agreement 59 60 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATTLE AND THE CITY OF TUKWILA FOR HEARING EXAMINER SERVICES THIS IS AN INTERLOCAL AGREEMENT between the City of Seattle, a Washington municipal corporation acting through its Office of Hearing Examiner, hereinafter referred to as "Seattle," and the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as "Tukwila" 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, and WHEREAS, Tukwila has contracted with Seattle for hearing examiner services since 2005, NOW THEREFORE, in consideration of the terms and conditions contained herein, it is mutually agreed by and between Seattle and Tukwila as follows: 1. AUTHORITY This Agreement is made and entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act. 2. PURPOSE The purpose of this Agreement is for Seattle to provide hearing examiner services to Tukwila. 3. SCOPE OF SERVICES Seattle shall provide hearing examiner services and accompanying support services for Tukwila on an as needed basis. 4. COMPENSATION 4.1 Tukwila shall pay Seattle $125.00 per hour for Seattle's hearing examiner services through December 31, 2020. 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. 61 4.2 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. 4.3 Seattle shall not bill for travel time between Seattle and Tukwila. Tukwila will pay a $25.00 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. 4.4 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 create a record of the hearings. The hearings may be held in the day or evening as required by Tukwila. 7 HEARING PROCEDURES Hearings shall follow the Hearing Examiner Rules of Practice and Procedure currently adopted by the Seattle Office of Hearing Examiner, and such rules and procedures shall supersede those adopted via Tukwila City Council Resolution No. 1578. 8. 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. 9. INDEMNIFICATION Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from C:\Users\VancilR\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content,Outlook1H3G23VBH\Hearing Examiner Interlocal 2019-2020.doc Page 2 62 that other party's negligent acts or omissions in performing under this Agreement. No Party will be required to defend, indemnify or hold the other Party harmless if the claim, suit or action for injuries, death or damages is caused by the sole negligence of that Party. Where such claims, suits or actions result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's own negligence. Each Party agrees that its obligations under this subparagraph include, but are not limited to, any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this reason, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 10. RECORDS RETENTION AND TRANSFERENCE Seattle shall generally transfer records back to Tukwila after the expiration of the 30 day appeal period. Seattle may retain records up to one year from the date of final disposition if requested in a specific case. 11. 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, 2020 and shall be subject to renewal by mutual agreement. 12. TERMINATION Either party may terminate this Agreement by giving thirty (30) days written notice of termination to the other party. 13. APPLICABLE LAW; VENUE: ATTORNEYS FEES This Agreement shall be subject to, and the Parties shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. 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 properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 14. SEVERABILITY AND SURVIVAL C:\Users\VancilRWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\H3G23VBH\Hearing Examiner Interlocal 2019-2020.doc Page 3 63 If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 16. NOTICES Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Seattle shall be sent to the following address: City of Seattle Office of Hearing Examiner PO Box 94729 Seattle, WA 98124 IN WITNESS WHEREOF, the parties have executed this Agreement on the date last written below. CITY OF SEATT CITY OF TUKWILA 0\ By:,,fi yan Vancil, Hearing Examiner By: Allan Ekberg, Mayor DATE Approved as to Form: Tukwila City Attorney DATE DATE C:\Users\VancilR'AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook1H3G23VBH\Hearing Examiner Interlocal 2019-2020.doc Page 4 64