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HomeMy WebLinkAbout4271Contract Number: 4271 Vendor: SOUND LAW CENTER (formerly DRISCOLL & HUNTER) Subject: Hearings Examiner - Land Use Department: Comm Devel File Class: LEG 12-1 Begin Date: 05/01/2002 End Date: Review Date:. 09/01/2010 Vault Date: Comments: Termination 2/60 days notice to either party Renewal mo -to -mo after 4/03 unless renegotiated Amendment #1-4/07 #2-11/07 SECOND AMENDMENT TO PROFESSIONAL SERVICES CONTRACT FOR HEARING EXAMINER SERVICES FOR CITY OF BREMERTON WHEREAS, the City of Bremerton first entered into a Professional Services contract for Land Use Hearing Examiner services on April 10, 2002; and WHEREAS, the compensation provided under the April 2002 Professional Services contract has not been increased at any time during the more than five years that services have been provided; and WHEREAS, the parties desire to amend the contract to provide compensation adjustments consistent with the CPI index over the past five years; NOW, THEREFORE, for mutual consideration, the City and Hearing Examiner agree to amend the contract between them as follows: 1. On page 2, Section 2, line 1, the amount $2,750 is deleted and the amount $3,000 is inserted;' 2. On page 2, Section 2, line 3, the amount $150 is deleted and the amount $175 is inserted;2 3. All remaining provisions in the Professional Services contract shall remain in full force and effect except as expressly modified by this amendment. 4. The amendments set forth herein shall become effective January 1, 2008. IN WITNESS WHEREOF, the parties below, being authorized to execute this agreement, enter into this agreement on the date and year indicated: THE CITY RE Cary Bozeman, ayor Date: - a!9 -072 APPROVED AS TO FORM: Bre erton City Attorney R:\Legal\Legal\Contracts\DCD\Sound Law amend.2.doc SOUND LAW CENTER <- �UQZ�1, U,� Ted Hunter, Managing Partner Date: 11,/ (57/ 0 '1'— ' This amendment is based on the increase in the CPI (a measure of the impact of inflation) from the year 2002 to the year 2007, which amount is $3,187.03 using the US Department of Labor Statistics found at www.stats.bls.gov. 2 This amendment is based on the increase in the CPI (a measure of the'impact of inflation) from the year 2002 to the year 2007, which amount is $173.84 using the US Department of Labor Statistics found at www.stats.bls.gov. Contract Number 4271 Vendor SOUND LAW CENTER (formerly DRISCOLL & HUNTER) Subject Hearings Examiner - Land Use Department Comm Devel Status Code PRO File Class LEG 12-1 Amount Begin Date End Date Review Date Insurance 05/01/2002 11/01/2007 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date Comments Termination w/60 days notice to either party Renewal mo -to -mo after 4/03 unless renegotiated Amendment #1-4/07 v1 - FIRST AMENDMENT TO PROFESSIONAL SERVICES CONTRACT FOR LAND USE HEARING EXAMINER FOR CITY OF BREMERTON WHEREAS, the City of Bremerton ("City") and Driscoll & Hunter ("Hearing Examiner") entered into a Professional Services Contract for Land Use Hearings Examiner for City of Bremerton dated April 10, 2002 (the "Agreement"); and WHEREAS, the Hearing Examiner has formally changed the name of its firm to "Sound Law Center"; and WHEREAS, the parties desire to amend the Agreement to change the name of the Hearing Examiner; NOW THEREFORE, for mutual consideration, City and Hearing Examiner agree as follows: A. The Hearing Examiner's name in the Agreement is hereby changed from "Driscoll & Hunter" to "Sound Law Center". B. All references in the Agreement to "Driscoll & Hunter" and "Hearing Examiner" shall mean "Sound Law Center". C. All remaining provisions in the Agreement shall remain in full force and effect except as expressly modified by this document. D. This First Amendment will become a supplement of the Agreement and all provisions will apply hereto. E. The parties whose names appear below represent that they are authorized to enter into this amendment and that is binding on the parties. IN WITNESS WHEREOF, the parties have executed this First Amendment to Professional Services Contract on the day and year as indicated. THE C _ F B ON SOUND LAW CENTER Cary Bozeman, ayor By: Its: DATE: Y -Ca - 0 7 DATE: ©�- +--------------------------------------------------------------------------+ +Enter Search Criteria, Press Esc Key to Transmit t1 +Press Del Key to Terminate Delete Mode 7 T CHANGE Contract Transactions + Contract Number 4271 Vendor Name DRISCOLL & HUNTER Subject HEARINGS EXAMINER - LAND USE Department ADMIN SVCS Status Code PRO Amount Begin Date 05/01/2002 Insurance End Date Type Amount Review Date 10/01/2006 Insurance Total $0.00 Insurance Review Date Comments TERMINATION W/60 DAYS NOTICE TO EITHER PARTY RENEWAL MO -TO -MO AFTER 4/03 UNLESS RENEGOTIATED +--------------------------------------------------------------------------+ I PROFESSIONAL SERVICES CONTRACT FOR LAND USE HEARINGS EXAMINER FOR CITY OF BREMERTON THIS AGREEMENT, entered into this l OT" day of April, 2002 by and between the City of Bremerton (City), a municipal corporation under the laws of the State of Washington, and the firm of Driscoll & Hunter (Hearings Examiner), Suite 607, 101 Yesler Way, Seattle, Washington 98104: WITNESSETH WHEREAS, it is in the best interest of the City and its citizens to provide a land use regulatory hearing system to fairly implant land use regulations; and WHEREAS, the City has inadequate staff to conduct the business of a Land Use Hearings Examiner Office; and WHEREAS, the City's liability exposure for improper procedures used in making land use decisions can be reduced by using a Hearings Examiner system; and WHEREAS, the undersigned Hearings Examiner has extensive experience in providing Hearings Examiner services; and WHEREAS, the City has investigated the specific expertise of the Hearings Examiner and finds that they are in fact qualified to perform the tasks; NOW, THEREFORE, the City and the Hearings Examiner mutually agree as follows: The duties of the Hearings Examiner shall be: (a) To conduct land use, code enforcement hearings and business/regulatory license revocation hearings for the City. Included in this duty shall be the review of materials provided by the City staff prior to hearing; research of legal issues anticipated at the hearing; holding prehearing conferences on certain cases; the conduct of hearings, including issuances of oaths; description of the land use Hearings Examiner system to those in attendance at the hearing; the receipt of testimony and evidence at the public hearing; creating a clear and understandable record of the proceedings; and making decisions on post hearing motions. Hearings shall be held once every month. If hearing days exceed one per month those hearings shall be considered extraordinary hearings. Contract for Hearings Examiner Services Page 1 (b) To draft Findings of Fact and Conclusions of Law to support decisions or recommendations made for each case. (c) To draft and periodically upgrade Rules of Procedure of Hearings Examiner for use in the City. (d) To stay current on all land use legislation in Washington and all Washington Appellate Court decisions regarding land use and procedural issues. (e) To have a regular conference with the Planning Director and staff to inform them of the changes in land use law in Washington. (f) To meet yearly with the City Council to discuss the state of the Hearings Examiner system and recommend changes to it, if needed, and to provide training in decisionmaking processes to help reduce liability exposure. (g) To provide annual statistical data on the cases heard by the Hearings Examiner office. (h) To be available for extraordinary hearings (which include night hearings, multi -day hearings and those days of hearings that exceed one per month) when scheduled by the City. 2. Compensation for the Hearings Examiner shall be $2,750 per month for all duties and activities set forth above except extraordinary hearings shall be invoiced at the rate of $150 per hour for James M. Driscoll and Theodore P. Hunter. The rate shall be $100 per hour if LeAnna Drevecky performs the Hearings Examiner duties for extraordinary hearings. 3. The Hearings Examiner shall provide its own secretarial services. The City shall provide the room for the hearings; equipment, including working taping equipment; and a recording secretary for the proceedings. The City shall be responsible for all notice of public hearings and for distribution of final decisions. 4. The City shall be the keeper of the official record. The City shall provide Hearings Examiner copies of all exhibits and copies of tapes of testimony, if requested. The City shall be responsible for all notice of public hearings and for distribution of final decisions. 5. The Hearings Examiner shall invoice to the City on a monthly basis a statement of its services. Payment of services shall be within 30 days. 6. The services of the Hearings Examiner are to commence pursuant to this contract on May 1, 2002, reviewed following four months, and be re -negotiated within one year following this date at the request of either party. Following the end of the Contract for Hearings Examiner Services Page 2 one-year term, the contract shall automatically renew on a month-to-month basis unless re -negotiated. The Hearings Examiner or the City may accomplish termination of this contract before the expiration date by giving a 60 -day written notice of termination. In the event of termination, matters pending shall be completed and compensated pursuant this contract. 8. The Hearings Examiner shall be free of any supervision or other influence from the City Administrator or any other official or employee with respect to any decision or recommendation made by the Hearings Examiner on a specific case, issue or permit. HEARINGS EXAMINER: Driscoll & Hunter Dated: A -z_ L-1 O 7 Contract for Hearings Examiner Services Page 3 CITY OF BREMERTON MAyoie Dated: 4 /Z S �oZ