Request for Proposal - Hearing Examiner Services

REQUEST FOR PROPOSAL
HEARING EXAMINER SERVICES
Request for Proposal Information: Schedule:
RFP Title: HEARING EXAMINER SERVICES Proposals Due:
Friday, June 26, 2026
Date Issued: June 18, 2026
Consultant Interviews (if desired):
Contact: Suzy Prewitt, Week of July 1-2, 2026
Permit and Administrative
Services Supervisor Consultant Selected:
(206) 780-3711 Week of July 6, 2026
pcd@bainbridgewa.gov
Contract Executed:
Submit Proposal to: July 15, 2026
Proposals shall be submitted electronically to
the following email address:
pcd@bainbridgewa.gov
PURPOSE
The City of Bainbridge Island ("City") is requesting proposals from individual attorneys or firms
with substantial Hearing Examiner experience for the purpose of selecting a Hearing Examiner.
The Hearing Examiner conducts quasi-judicial hearings on complex land use matters and
regulatory compliance issues on behalf of the City and issues decisions and recommendations
supported by findings and conclusions.
PREFERRED QUALIFICATIONS
Education: A Juris Doctor degree and a license to practice law in the State of Washington is
preferred. Applicants without a Juris Doctor degree will be considered if they can demonstrate
substantial knowledge of land use and zoning law and meet the minimum experience
requirements identified below.
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Experience: Five (5) years of experience in land use and zoning law, preferably as a land use
hearing examiner or as a land use attorney representing clients before administrative decision
makers such as hearing examiners, city/county councils, boards of adjustment, and/or planning
commissions in the State of Washington.
TERM OF SERVICES
The duration of this Agreement will be for a two-year term, from July 15, 2026, to July 14, 2028.
GENERAL STATEMENT OF SCOPE OF SERVICES
The individual or firm with whom the City contracts shall perform the duties of the Hearing
Examiner as set forth in the Bainbridge Island Municipal Code ("BIMC"). See, e.g., BIMC
2.14.030, BIMC 2.16.020, BIMC 2.16.100, and other relevant BIMC provisions. The Hearing
Examiner shall also perform the duties set forth in Attachment A, Scope of Services, in the
Proposed Agreement for Professional Services for the City of Bainbridge Island Hearing
Examiner that is attached to this RFP and is incorporated into the RFP as if fully set forth herein.
The Hearing Examiner shall be appointed by the City Manager and confirmed by the City
Council and shall serve for a term of two (2) years.
The Hearing Examiner is responsible for conducting hearings on and adjudicating quasi-judicial
cases involving a variety of complex land use and regulatory compliance issues, and other issues
which the City Council may designate to the Hearing Examiner by ordinance or resolution. The
Hearing Examiner shall issue decisions and recommendations based on relevant ordinances,
regulations, policies, statutes, and other authorities.
In addition to any other duty established by ordinance or resolution, the Hearing Examiner:
1. Conducts public hearings for land use applications;
2. Develops procedural rules for the scheduling and conduct of hearings and related matters.
3. Reviews properties that are the subject of hearings to become familiar with the terrain
and relationships to other properties.
4. Receives and examines hearing related documents, and reviews case files, City codes and
policies, environmental impact statements, plot plans, and topographical maps.
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5. Evaluates testimony and evidence, prepares records, enters final written findings, and
imposes conditions to conform projects to City ordinances and land use policies.
6. Maintains knowledge of current relevant state and City land use laws, policies, and
related state and federal court decisions.
7. Prepares reports and correspondence to the City Manager, City Council, and Planning
Commission as requested.
8. Prepares and submits annual written reports to the City Manager and City Council,
including how many hearings have been conducted, the final outcome of hearings, the
time required to issue decisions, and the cost of hearings.
9. Meets with the City Manager, City Council, Planning Commission, and staff as requested
to identify conflicts in the code.
10. When necessary, recommends candidates for Pro Tem Hearing Examiner for approval by
the City Manager.
HEARING EXAMINER TO HAVE ITS OWN ADMINISTRATIVE SUPPORT
The City will provide a properly equipped hearing room and on-site audio-visual assistance. The
Hearing Examiner shall independently provide for the Examiner's clerk and/or administrative
staff and other support services. Scheduling of hearings is generally done in coordination with
staff from the City's Department of Planning and Community Development. The City is
responsible for recording the proceedings for the purpose of records retention.
Changes to this intended level of City support - either related to requiring more or less support -
should be specifically addressed in any proposal submitted.
GENERAL INFORMATION
These contracted services are intended to begin on July 15, 2026.
There are generally two to four hearings a month, but there may be more depending on the
month. The hearings are held in the Council Chamber at City Hall unless some other venue is
necessary due to unique circumstances.
COMPENSATION
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The City and any party selected for these services will enter into a professional services
agreement which will address compensation. Proposals must clearly set forth the fees or fee
structure (e.g., hourly rate, monthly retainer, per-case fee) to be charged for the proposed
services.
The City will reimburse the Hearing Examiner for actual out of pocket expenses incurred in the
conduct of the Examiner's duties, including mileage to and from hearings and to sites selected
for viewing to gain a satisfactory understanding of the facts and issues, as well as for parking,
and copying charges. All invoices are expected to identify the basis of the charge and the matter
or proceeding for which it was incurred.
SELECTION PROCESS
All proposals will be reviewed and screened by the City Manager or their designee. Proposals will
be evaluated by considering the Proposer's quality of experience, the strength of the approach
described in the proposal, the responses to the questions provided below, and the cost to the City.
The City Manager or their designee will convene an interview panel and finalists will be invited for
interviews. Following the interviews, the City Manager or their designee will make an appointment
for City Council confirmation.
INSTRUCTIONS TO REPLY TO THIS REQUEST FOR PROPOSALS
To reply to this RFP, please submit a proposal of no more than five (5) pages stating:
1. Name and contact information. Identity and provide a resume or similar description of
the educational and professional background for the individual who desires to serve as the
City's Hearing Examiner, including the name of that individual's law school and the year
of graduation from law school. Also provide information related to the professional and
educational background of the individual who will serve as the clerk or administrative
support for the Hearing Examiner.
2. Hearing Examiner experience. Describe relevant experience working for other
jurisdictions as a Hearing Examiner, Administrative Law Judge (ALJ), or other quasi-
judicial official. If the Proposer is a law firm, provide this information for all attorneys
anticipated to provide services to the City.
3. Expertise. Describe your experience with administering and interpreting: land use laws,
codes, and municipal regulations in the State of Washington; environmental laws, such as
SEPA and NEPA; and shorelines laws, such as the Shoreline Management Act, Shoreline
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Master Programs, and other similar local, state, and federal laws.
4. Civil violation proceedings. Describe your experience with code enforcement and other
types of administrative appeals, including appeal proceedings outside of the land use
context.
5. Provide a statement describing your view of a municipal Hearing Examiner's roles
and duties. Describe your approach to conducting hearings and your perspective about
what constitutes a "good result" for hearings over which the Hearing Examiner might
preside.
6. Fee proposal. Provide a fee proposal that describes how you will be paid for the
proposed services (e.g., hourly rate, monthly retainer, per-case fee).
7. Provide two Hearing Examiner reports. Provide two Hearing Examiner writing
samples (i.e., recommendations, decisions, or orders) for hearings conducted by the
Proposer, or similar written reports or documents demonstrating similar experience.
Writing samples are not included in the five-page limit.
8. Provide professional references. Provide contact information for three professional
references with personal knowledge of the Proposer's work and experiences that
demonstrate qualifications and ability to serve as the City's Hearing Examiner.
As stated in the first part of this RFP, all materials shall be submitted electronically in one packet
to the following email address:
PCD@bainbridgewa.gov
ALL APPLICATION MATERIALS MUST BE SUBMITTED BY 5:00 P.M. ON JUNE 26,
2026.
At the City's discretion, proposals submitted after the due date and time may be considered.
Proposers accept all risks of late delivery of submitted proposals.
PROPOSED AGREEMENT
A proposed Agreement is provided as an attachment with this RFP. It is important that each
Proposer review the Agreement prior to submitting a proposal, particularly the Scope of Work.
The City typically does not accept changes to the Agreement's terms and conditions. Should the
Proposer wish to propose changes to the Agreement's terms and conditions, the desired changes
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must be identified in the proposal. The City is under no obligation to accept such proposed
changes and may reject a proposal based on proposed changes unacceptable to the City.
The City will verify Proposer representations that appear in the proposal. Failure of a Proposer to
perform services as represented may result in elimination of the Proposer from further competition
or in termination of the Agreement, consistent with the terms of the Agreement.
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PROPOSED
AGREEMENT FOR PROFESSIONAL SERVICES
FOR THE
CITY OF BAINBRIDE ISLAND HEARING EXAMINER
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is entered into
between the City of Bainbridge Island, a Washington state municipal corporation ("City"), and
[Name of Hearing Examiner/Firm] ("Hearing Examiner").
WHEREAS, the City needs professional services in connection with Hearing Examiner services
for the City of Bainbridge Island.
WHEREAS, the Hearing Examiner has the expertise and experience to provide said services and
is willing to do so in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and
agreements set forth herein, it is agreed by and between the City and the Hearing Examiner as
follows:
1. SERVICES BY THE HEARING EXAMINER
The Hearing Examiner shall provide the professional services as defined in this Agreement and as
necessary to accomplish the scope of services attached hereto as Attachment A and incorporated
herein as this reference as if set forth in full. The Hearing Examiner shall furnish all services, labor,
and related equipment to conduct and complete the work, except as specifically noted otherwise in
this agreement.
2. TERM AND TERMINATION OF AGREEMENT
A. This Agreement shall become effective upon execution by both parties and, in
accordance with BIMC 2.14.030.B., the appointment of the Hearing Examiner shall be for a two-
year term, beginning July 15, 2026, and continuing until July 14, 2028, unless sooner terminated
by either party as provided below.
B. The City may terminate this Agreement and remove the Hearing Examiner for the
reasons set forth in BIMC 2.14.030.B. In such event, the City shall provide written notice of
termination to the Hearing Examiner that specifies the reasons for termination and the
termination shall be effective the date the termination notice is issued.
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C. The Hearing Examiner may terminate this Agreement, with or without cause, upon sixty
(60) days' written notice of termination.
D. In the event of termination, all finished or unfinished documents, reports, or other
material or work of the Hearing Examiner pursuant to this Agreement shall be submitted to the
City, and the Hearing Examiner shall be entitled to just and equitable compensation at the rate
set forth in Section 3 for any satisfactory work completed prior to the date of termination.
3. PAYMENT
A. The City shall pay the Hearing Examiner for such services:
[ ] Hourly, plus actual expenses, in accordance with Attachment A, but not more than a
total of ($ );
[ ] Fixed Sum: a total amount of $ ;
[ ] Other: $ , for all services performed and incurred under this Agreement, to be
billed monthly in equal amounts.
B. The Hearing Examiner shall submit, in a format acceptable to the City, invoices for
services performed. The Hearing Examiner shall be paid [e.g., at the rate of $
per hour, by monthly retainer, or by per-case fee] for actual time spent carrying out the duties
required under this Agreement, including review of file materials, applicable Bainbridge Island
Municipal Code sections, and other relevant sources as necessary to prepare for hearings, as well
as travel time between the Examiner's office and Bainbridge Island City Hall and, if a site visit is
necessary, between the Examiner's office and the site in question. The Hearing Examiner shall
be compensated pursuant to an invoice submitted by the Examiner to the City after the issuance
of the decision rendered by the Examiner on each appeal. The billing statements shall reflect
services rendered in increments of one-tenth of an hour. The billing statements shall provide a
brief summary of the services provided for each date services were performed, the number of
hours (or fractions of hours) spent, and expenses and disbursements in detail.
C. The City shall pay all invoices by mailing a City check within sixty (60) days of receipt of
a proper invoice from the Hearing Examiner. All payments shall be subject to adjustment for any
amounts, upon audit, determined to have been improperly billed.
D. The Hearing Examiner shall maintain time and expense records and provide them to the
City upon request.
E. If the services rendered do not meet the requirements of this Agreement, the Hearing
Examiner shall correct or modify the work to comply with this Agreement. The City may
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withhold payment for such work until the payment request meets the requirements of this
Agreement.
4. CASE ASSIGNMENT AND PRO TEM HEARING EXAMINER
The City shall assign cases to the Hearing Examiner. While it is contemplated that the Hearing
Examiner will hear the majority of cases, the Hearing Examiner will assign cases to a Pro Tem
Hearing Examiner when the Examiner gives notice to the City at the earliest date possible that
s/he is unable to hear a particular matter/case, whether due to disqualification pursuant to BIMC
2.14.030.F, scheduling conflicts, or other unavailability. In such situations, the Hearing
Examiner shall assign the matter/case to a qualified Pro Tem Hearing Examiner from a list of
examiners approved by the City Manager for this purpose and attached hereto as Attachment B, as
modified from time to time by the City Manager. In accordance with BIMC 2.14.030.C.2., the
Hearing Examiner shall assist the City by recommending candidates for Pro Tem Hearing
Examiner for approval by the City Manager.
5. INDEPENDENT CONTRACTOR
A. The Hearing Examiner and the City understand and expressly agree that the Hearing
Examiner is an independent contractor in the performance of each and every part of this
Agreement. The Hearing Examiner expressly represents, warrants, and agrees that the Hearing
Examiner's status as an independent contractor in the performance of the work and services
required under this Agreement is consistent with and meets the six-part independent contractor
test set forth in RCW 51.08.195. The Hearing Examiner, as an independent contractor, assumes
the entire responsibility for carrying out and accomplishing the services required under this
Agreement. The Hearing Examiner shall make no claim of City employment nor shall the
Hearing Examiner claim any related employment benefits, social security, and/or retirement
benefits.
B. The Hearing Examiner shall be solely responsible for paying all taxes, deductions, and
assessments, including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury, and other deductions from income which
may be required by law or assessed against either party as a result of this Agreement. In the
event the City is assessed a tax or assessment as a result of this Agreement, the Hearing
Examiner shall pay the same before it becomes due.
C. The Hearing Examiner shall obtain a business license and, if applicable, pay business and
occupation taxes pursuant to Title 5 of the Bainbridge Island Municipal Code.
6. NONDISCRIMINATION AND COMPLIANCE WITH LAWS
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A. The Hearing Examiner agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed,
color, national origin, marital status, sex, sexual orientation, age, disability, or other
circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide
occupational qualification.
B. The Hearing Examiner shall comply with all federal, state, and local laws and ordinances
applicable to the work to be done under this Agreement.
C. Violation of this Section 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension by the City, in whole or in part, and may result in
ineligibility for further work for the City.
7. OWNERSHIP OF WORK PRODUCT
The record developed before the Hearing Examiner, including the Hearing Examiner's decisions
and recommendations, shall be the property of the City. All such records which shall be the
property of the City shall be forwarded to the City in hard copy and in digital format that is
compatible with the City's computer software programs. The Hearing Examiner's work product,
consisting of notes, research, and preliminary drafts, shall be the property of the Hearing
Examiner.
8. HEARING EXAMINER'S LICENSING RESPONSIBILITIES
The Hearing Examiner shall be an attorney licensed to practice in the State of Washington.
During the term of this Agreement, the Hearing Examiner shall maintain his/her license and
active membership in the Washington State Bar Association ("WSBA") in good standing,
including fulfillment of the WSBA's Continuing Legal Education ("CLE") requirements
consistent with Section 9 of this Agreement.
9. HEARING EXAMINER'S TRAINING RESPONSIBILITIES
The Hearing Examiner shall annually attend and/or receive at least ten (10) hours of training
through WSBA accredited continuing legal education programs that specifically address land use
and environmental law (i.e., the Washington State Growth Management Act, Washington State
Shoreline Management Act, Washington State Environmental Policy Act).
10. GENERAL ADMINISTRATION AND MANAGEMENT
The City Manager, or designee, shall be the City's representative and shall oversee and approve
all services to be performed, coordinate all communications, and review and approve all invoices
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