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HomeMy WebLinkAbout02-05-2007 ITEM VIII-B-12CITY OF ry . )WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution 4159 authorizing the Mayor and City Clerk Date: February 5, 2007 to execute an agreement for Professional Services with Phil Olbrechts, Ogden Murphy Wallace PLLC, for providing Hearing Examiner services Department: Planning, Building Attachments: Resolution 4159; Draft Budget Impact: $36,000 and Community Contract Administrative Recommendation: City Council adopt Resolution No. 4159. Background Summary: The City of Auburn uses a Hearing Examiner system for considering a variety of land use issues as specified in Auburn City Code, together with other matters as assigned by Council. For the past three years, the law firm of Driscoll -Hunter provided this service. Since that firm was reorganizing, it was an appropriate time to solicit proposals from other interested parties to ensure the City is getting the best services possible at a reasonable rate. A total of five firms/individuals submitted proposals and all were interviewed by a committee consisting of the City Attorney Heid; Planning, Building Community Director Davolio; Development Services Coordinator Pilcher; and Councilmember Wagner. Mr. Olbrechts of the law firm of Ogden Murphy Wallace was the unanimous top choice of each committee member. He was subsequently introduced to Council at the January 29, 2007 Committee of the Whole meeting. L0205-7 A4.5.2 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery E Mayor E Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire E Planning ❑ Park Board []Public Works E Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes []No Call for Public Hearing Referred to Until Tabled Until / ! Councilmember: Norman Staff: Davolio Meetin Date: February5,2007 Item Number: VIII.B.12 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 41 5 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND PHIL A. OLBRECHTS AND OGDEN MURPHY WALLACE, PLLC FOR HEARING EXAMINER SERVICES WHEREAS, Auburn City Code (ACC) Section 18.66.030 provides for the creation of the Office of the Hearing Examiner; and WHEREAS, ACC Section 18.66.040 provides for the Mayor's appointment of the Hearing Examiner subject to confirmation by the Auburn City Council; and WHEREAS, from time to time it is desirable and appropriate to solicit qualifications from interested parties to serve as the City's Hearing Examiner; and WHEREAS, a Request of Proposal for Hearing Examiner services was issued and a selection process was completed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an Agreement between the City of Auburn Resolution No. 4159 January 30, 2007 Page 1 of 2 and Phil A. Olbrechts and Ogden Murphy Wallace, PLLC for Hearing Examiner Services which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of , 2007. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Resolution No. 4159 January 30, 2007 Page 2of2 AGREEMENT FOR PERSONAL SERVICES RELATED TO THE POSITION OF HEARING EXAMINER FOR THE CITY OF AUBURN AN AGREEMENT between the City of Auburn, hereinafter referred to as "Auburn," and Phil A. Olbrechts and Ogden Murphy Wallace, P.L.L.C., hereinafter referred to as "Contractor"; NOW, THEREFORE, in consideration of the mutual promises and covenants herein made, each party agrees as follows: I. The Contractor agrees to perform the following professional services for the Auburn: (1) To act in the capacity of Hearing Examiner for Auburn; (2) To hear, and act as authorized by the Auburn City Code, hearings related to land use permitting actions, generally once per month or more/less frequently as determined necessary by Auburn. As the Hearing Examiner, the Contractor shall receive and examine all admissible evidence regarding cases to be heard; perform on-site inspections of properties; conduct public hearings; and submit written Findings, Conclusions, Recommendations, and Decisions within the time limits and as specified by the Auburn City Code; (3) To conduct other public hearings not related to land use or code enforcement actions, as provided for in Auburn City Code; (4) To meet with the Auburn City Council, as requested by the Council, to discuss matters pertinent to the conduct and practices of the Hearing Examiner. (5) To meet with the Auburn staff, or review material provided, and discuss or comment on matters pertinent to the Auburn 1and use permit process, requirements or enforcement, as requested by the Director of the City of Auburn Department of Planning, Building, & Community Development as consistent with the appearance of fairness doctrine, conflicts of interest, professional responsibility and other applicable law. II. In order to appropriately accomplish the duties specified in Section I above, it is agreed the Contractor at his own expense shall do and provide the following: (1) Office and office equipment, (2) Insurance to cover errors and omissions and liability in the amounts of and respectively, and naming the City of Auburn as insured; and (PA0650831.DOC;1/99925.111111/) Hearing Examiner Contract - 1 (3) An electronic copy in Microsoft Word format and at least two original reports of Findings, Conclusions and Decisions or Recommendations for each hearing by delivering the same to the Auburn Department of Planning, Building, & Community Development within the time constraints imposed by law. (4) Provide a written summary of testimony received at each hearing, ascribed to the individual providing said testimony. III. Auburn shall provide the following: (1) Written staff reports to the Hearing Examiner both electronic and hard copies, as well as, maps and such other exhibits as required; shall be responsible for the scheduling of all the hearings for the Hearing Examiner; shall provide notice of hearings and decisions as required by law; shall make all the required copies of said decisions and correspondence, and mail to all parties of record; shall keep and maintain all official files and records of the hearings; and do all other tasks necessary to administratively process said materials. (2) Auburn shall furnish a hearing room and recording equipment; shall schedule all necessary meetings before the Auburn City Council; shall provide an amplification system when necessary; and shall provide a staff person who shall be present at hearings to operate the recording equipment, accept additional exhibits submitted at the hearing, and assist in the orderly conduct of the hearing. Auburn shall also prepare a formal list of exhibits received prior to the hearing for the final written Hearing Examiner decision or recommendation. IV. Payment for services shall be as follows: (1) Auburn agrees to pay Contractor on an hourly basis at the rate of ONE HUNDRED FORTY DOLLARS ($140.00) per hour. The Contractor shall charge a flat one hour for travel time. Subsequent changes to the hourly rate schedule shall be negotiated between the parties at least 45 days prior to the end of each calendar year. (2) Auburn agrees to pay for mileage at the current rate allowed by the Internal Revenue Service and to pay for the direct cost of related administrative expenses, including long distance telephone calls and copy charges. (PA0650831.DOC;1/99925.1 III I/) Hearing Examiner Contract - 2 (3) Phil Olbrechts shall be the lead attorney from Contractor to provide Hearing Examiner services and shall be responsible for supervising all others who provide service through Contractor under this Agreement. In case Phil Olbrechts cannot conduct a hearing due to reasonable cause, he may designate another attorney from Contractor to conduct the hearing, which designation shall be subject to the approval of Auburn. Phil Olbrechts may also assign the writing of decisions on an as needed basis to other attorneys from Contractor. He may also employ the services of other independent contractors to write decisions provided that Contractor shall be fully responsible for the content of Contractor's decisions, supervision of the Contractor, and invoicing and (1) Contractor shall add on no more than 10% in administrative fees to costs of independent writer plus applicable taxes; and (2) costs of independent writer including the fees and taxes set forth above shall not exceed 75% of the hourly rate of Contractor. The intent of using independent writers is to substantially reduce the cost of Hearing Examiner services to the City of Auburn. Auburn may direct Contractor to reduce or cease the use of independent writers at any time if cost savings are not accomplished or for any reason Auburn deems appropriate. (4) Contractor shall invoice to Auburn on a monthly basis a statement that details charges for each individual case considered. Payment by Auburn for services rendered shall occur within 30 days of receipt. V. Contractor shall furnish services as an independent contractor and nothing herein shall be construed to create a relationship of employer-employee between the Contractor or his staff and Auburn. Similarly, the relationship of the Contractor to the Hearing Examiner is that of independent contractor. All payments made hereunder and all services performed shall be made and performed pursuant to this contract, by the Contractor as an independent contractor. VI. This agreement may be terminated by either party upon 30 days written notice without cause. Auburn may immediately remove the Contractor for cause. The Examiner shall immediately notify Auburn of any change in professional status. VII. The term of this agreement shall begin on March 1, 2007, and shall continue in full force and effect for one year. After one year, the agreement shall remain in effect on a month-to-month basis until terminated under the provisions of Section VI above, unless an longer extension of time is agreed upon between both parties. {PA065083I .DOC;1/99925.11111 I/} Hearing Examiner Contract - 3 This agreement may be amended at any time after the initial one year term, subject to the mutual agreement of both parties. DATED this day of , 2007. Ogden Murphy Wallace, P.L.L.C., by Phil A. Olbrechts City of Auburn, by Peter B. Lewis, Mayor (PA0650831.DOC;1/99925.111111/) Hearing Examiner Contract - 4