HomeMy WebLinkAboutReg 2019-11-18 Item 4G - Resolution - Appoint Sound Law Center as Hearing Examiner Related to Land Use, Code Enforcement, Police Forfeitures and Other MattersCOUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
ITEM NO.
4.G.
'o-"FAHS110NSOR: JACK PACE
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A(,r"Nt).,\ 1'n,"m Tn'ij Appointment of the Hearing Examiner for the City of Tukwila
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SP()NS0R'S Resolution appointing Sound Law Center LLC, as the City's Hearing Examiner
SUMINJARY
Rrvirwrl'i) iw El C.O.W. Mtg. Z CDN Comm El 1-111ance Comm. 0 Public Safety Comm.
❑ Trans &Infrastructure [:] Arts Comm. Fj Parks Comm. 0 Planning Comm.
DATE": 11/13/19 COMMIT ME C11AIR: QUINN
RECOMMENDATIONS:
SP(.)N,S0R/Ai),N1IN. Department of Community Development
COININIH'I'l,]Unanimous approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPF1N1)FYLJRk M,'(-)I,J1RF'1) AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
11/18/19
Informational Memorandum dated 11/05/19
Contract with Sound Law Center LLC
Resolution
Minutes from the CDN Committee meeting of 11/ 13/19 (distributed separately)
117
Im.
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhood Committee
FROM: Jack Pace, Director Community Development
BY: Minnie Dhaliwal, Deputy Director Community Development
CC: Mayor Ekberg
DATE: November 5, 2019
SUBJECT: Hearing Examiner for Tukwila
ISSUE
Appointment and approval of the Hearing Examiner for Tukwila.
BACKGROUND
The hearing examiner is a decision maker for land use matters such as variances, conditional
use permits and preliminary plats. The hearing examiner also presides over other matters such
as appeals of land use decisions, code enforcement matters, business license appeals, ethics
complaints, commercial parking tax appeals and police forfeiture hearings.
Tukwila has contracted with the City of Seattle for hearing examiner services since 2005. The
City of Seattle has notified Tukwila that they are unable to continue providing these services
under the interlocal agreement due to the City of Seattle's own workload.
DISCUSSION
The office of Hearing Examiner was established by Tukwila City Council in 1997. Per Tukwila
Municipal Code Chapter 2.76, the Hearing Examiner shall be appointed by the Mayor and
approved by the City Council.
After receiving notification from the City of Seattle that they are unable to provide these services
the Department of Community Development started searching for an alternate hearing examiner
and selected Sound Law Center, LLC, as a potential consultant to provide hearing examiner
services for Tukwila. Sound Law Center, LLC, has extensive experience in providing similar
services to many other local cities. They currently serve over 30 jurisdictions in Western
Washington, including: Burien, Des Moines, Issaquah, Kent, Shoreline. Additionally, they have
multiple attorneys trained to perform land use hearings which can help avoid scheduling or
conflict of interest issues. The fees charged by Sound Law Center LLC are similar to those
charged by the Seattle's Hearing Examiner, and it is desirable to have one contract as opposed
to multiple contracts with different hearing examiners. The contract with Sound Law Center, LLC
is attached.
The rules and procedures to follow when hearing matters shall be adopted administratively in
coordination with review by the City Attorney and affected City departments. These rules shall
supersede the City of Seattle Hearing Examiner's rules previously adopted by Tukwila City
Council Resolution No. 1578.
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INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
Hearing Examiner costs are either covered as permit application fees or treated as a pass
through to the applicant.
RECOMMENDATION
The Council is being asked to adopt the resolution appointing Sound Law Center LLC as the
City's Hearing Examiner and consider this item at the November 18, 2019, Regular Meeting
consent agenda.
ATTACHMENTS
Contract with Sound Law Center LLC
Resolution
120
19-126
City Of Tukwila Contract Number: Council Approval NIA
6200 Southcenter Boulevard, Tukwila WA 98188
tIECEIVED
CONSULTANT AGREEMENT FOR
AUG13 2019
HEARING EXAMINER SERVICES Coll) (1;unity
Development
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Sound Law Center, LLC hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform on -call Hearing
Examiner services.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending July 1, 2022, unless sooner
terminated under the provisions hereinafter specified. At the expiration of the initial term of
this Agreement, this Agreement shall be automatically extended for an additional six (6)
month term, unless this Agreement is terminated by either party.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. The City shall pay Consultant as set forth in Exhibit A for the services described in this
Agreement.
B. Consultant shall submit a payment invoice to the City after such services have been
performed, and the City shall make payment within thirty (30) days after the submittal of
the approved invoice. Each invoice shall describe the tasks performed and a total of the
hours involved in providing services.
C. If the City objects to all or any portion of any invoice, it shall so notify Consultant of the
same within Five (5) days from the date of receipt and shall pay that portion of the
invoice not in dispute. The parties shall immediately make every effort to settle the
disputed portion of the invoice
D. Payment as provided in this section shall be Rill compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials, including electronic stored information, (collectively, "Documents") produced by
the Consultant in connection with the services rendered under this Agreement shall be the
property of the City whether the project for which they are made is executed or not. Within
thirty (30) days of rendering a decision in any matter, Consultant shall remit all Documents to
the City. The Consultant shall be permitted to retain copies, including reproducible copies, of
Documents for information, reference and use in connection with the Consultant's
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endeavors. The Consultant shall not be responsible for any use of the said Documents by
the City on any project other than the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's
liability hereunder shall be only to the extent of the Consultant's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below.-
1 . Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liat@& insurance wit'rn lit -nits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City,
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit, Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain or be endorsed to contain that they
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shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A: VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work. Certificates of coverage and
endorsements as required by this section shall be delivered to the City within fifteen (15)
days of execution of this Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days' notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds
due the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its discretion
to deduct from the contract price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment, The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
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14. Termination.The City shall have the option to terminate this Agreement at any time, with or
without cause. Termination shall be effective after thirty (30) days upon delivery of written
notice to the Consultant. The Consultant shall have the option to terminate this Agreement
after sixty (60) days upon delivery of written notice to the City, unless the City determines the
Consultant can be released from the contract prior to sixty days.
In the event of termination, the City shall only be responsible to pay for all services
satisfactorily performed by Consultant to the effective date of termination. The Director of
Community Development shall make the final determination about what services have been
satisfactorily performed which decision shall be final, binding and conclusive.
15, Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant 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,
16. Severability and Survival. 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.
17, Notices. All communications regarding this Agreement shall be sent to the parties at the
addresses listed below. Any written notice hereunder shall become effective as of the date
of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the
addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
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 Consultant shall be sent to the following address:
Sound Law Center, LLC
Andrew Reeves, Managing Attorney
4500 9th Ave, NE Suite 300
Seattle, WA 98105
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
19. Non -Waiver of Breach.
The failure of the City to insist upon strict performance of any of the covenants and
agreements contained herein, or to exercise any option herein conferred in one or more
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instances shall not be construed to be. a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
DATED this
CITY OF TUKWILA
Allan Ekberg, Mayor $
Attest/Authenticated:
City erk, Christy O'Flaherty
day of I'yt' JSt , 20 _°�
to\
CONSULTANT
By.
Printed Name:���-'��
Title: �--
Approved as to Form:
Office of the City Attorney
W(cm) 7soMi!1 *1zlyl
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EXHIBIT A
SERVICES AGREEMENT
This conforms to the agreement between the City of Tukwila and Sound Law Center, LLC, for
Hearing Examiner services.
A. The services provided by Sound Law Center, LLC will consist of the following;
The Hearing Examiner shall provide those services and fulfill those duties as identified in the City's
ordinances relating to the Hearing Examiner, and carry out such other responsibilities as may be
agreed to between the City and the Hearing Examiner. Those services, duties and responsibilities
include preparing Rules of Procedure; preparing for land use hearings by reviewing files and
applicable laws; conducting site views of properties that are the topic of a land use hearing;
conducting hearing on appeals; and preparing a written decision including findings and conclusions
on all applications and appeals heard. The Hearing Examiner shall also be available to present to
the City Council and staff training sessions on land use law and procedures as well as to provide
updates on the law affecting land use hearings if requested. Andrew Reeves will serve as the
primary Hearing Examiner, with Ted Hunter and Lee Raaen also available to serve if needed, as
well as other members of SLC approved by the City.
B. The work of the Hearing Examiner will be scheduled by the staff of the City's Department of
Community and Economic Development.
C. The City agrees to pay Sound Law Center, LLC for services performed in accordance with
the following hourly billing rates;
Hearing Examiner Services -$175 per hour
The hourly rate is the sole and total compensation to be paid to the Consultant for those services
described in Section A of the Services Agreement (Exhibit A). Sound Law Center does not assess
additional charge for mileage, travel time, copies, or other direct costs or other expenses incurred by
SLC when providing services.
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DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING RESOLUTION NO.
1578; APPOINTING SOUND LAW CENTER, LLC, AS THE
CITY'S HEARING EXAMINER PURSUANT TO TUKWILA
MUNICIPAL CODE CHAPTER 2.76 TO PRESIDE OVER
HEARINGS RELATED TO LAND USE, CODE ENFORCEMENT,
POLICE FORFEITURES, AND OTHER MATTERS AS
SPECIFIED IN THE TUKWILA MUNICIPAL CODE.
WHEREAS, on May 5, 1997, the City Council passed Ordinance No. 1796,
establishing the office of Hearing Examiner; and
WHEREAS, the City of Tukwila uses the Hearing Examiner for presiding over
matters such as land use hearings under Tukwila Municipal Code (TMC) Titles 17, 18,
19 and 21; code enforcement appeals under TMC Chapter 8.45; police forfeiture
hearings under TMC Title 8; ethics complaints under TMC Chapter 2.95; commercial
parking tax appeals under TMC Chapter 3.48; and business license appeals under TMC
Chapter 5.04; and
WHEREAS, the City of Tukwila contracts for the services of Hearing Examiner; and
WHEREAS, the City of Tukwila has contracted with the City of Seattle's Hearing
Examiner since 2005, and the City of Seattle has notified Tukwila they are unable to
continue providing these services due to the City of Seattle's own workload; and
WHEREAS, pursuant to TMC Section 2.76.010, "...Hearing Examiner shall mean
any person appointed by the Mayor, and approved by the City Council, for the purpose
of presiding over appeals and other matters..."; and
WHEREAS, pursuant to TMC Section 2.76.020, "The Hearing Examiner shall have
the powers and duties assigned to that office by ordinance"; and
WHEREAS, the Department of Community Development selected Sound Law
Center, LLC, as a potential consultant to provide hearing examiner services, as the firm
has extensive experience in providing similar services to many other local cities, has
multiple staff members to assist, the fees charged are similar to what Tukwila paid
Seattle's Hearing Examiner, and it is desirable to have one contract as opposed to
multiple contracts with different hearing examiners; and
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WHEREAS, Sound Law Center, LLC, has entered into a contract with the City of
Tukwila to provide services as a Hearing Examiner for the City of Tukwila; and
WHEREAS, the City Council wishes to designate Sound Law Center, LLC, as
Hearing Examiner for the City of Tukwila; and
WHEREAS, to allow for efficient and effective operations, the City Council desires
to authorize Sound Law Center, LLC, to administratively adopt rules of procedure to
follow when hearing matters on behalf of Tukwila in coordination with review by the City
Attorney and affected City departments; and such rules of procedure shall supersede
the City of Seattle Hearing Examiner's rules previously adopted by Tukwila City Council
Resolution No. 1578;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution 1578 Repealed. The City Council hereby repeals
Resolution No. 1578 in its entirety.
Section 2. Appointment of Hearing Examiner. The City Council of the City of
Tukwila, Washington, hereby appoints Sound Law Center, LLC, as the office of the
City's Hearing Examiner to preside over land use, code enforcement, police forfeitures,
and other matters as specified in the Tukwila Municipal Code. The Hearing Examiner is
authorized to administratively adopt rules of procedure in coordination with review by
City departments.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTH E NTI CATE D:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Kathy Hougardy, Council President
Filed with the City Clerk:_
Passed by the City Council:
Resolution Number:
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