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Home My WebLink AboutR-1999-048 PROFESSIONAL SERVICES CONTRACT.RESOLUTION NO. R-99--4 8 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Professional Services Contract between the City of Yakima and Philip A. Lamb as the City of Yakima Hearing Examiner. WHEREAS, the City of Yakima and Yakima County have cooperated in the adoption, enforcement and periodic updating of the Yakima Urban Area Zoning Ordinance and, since 1986, under the authority of state and local law, have cooperatively established and provided for a Yakima Urban Area Hearing Examiner to assist in the administration of the Yakima Urban Area Zoning Ordinance; and WHEREAS, under several successive contracts, Philip A. Lamb has served as the City of Yakima Hearing Examiner since 1986; and WHEREAS, the Joint Hearing Examiner Committee, consisting of two members of the Yakima City Council and two members of the Board of Yakima County Commissioners, has recommended to the Yakima City Council and the Board of Yakima County Commissioners to contract for Philip A. Lamb's services as the City of Yakima Hearing Examiner through December 31, 2001, according to the terms and conditions of the attached proposed Professional Services Contract for City of Yakima Hearing Examiner; and WHEREAS, it is in the best interests of the City of Yakima to contract for Philip A. Lamb's services as the City of Yakima Hearing Examiner for an additional four years, according to the terms and conditions of the attached proposed Professional Services Contract for City of Yakima Hearing Examiner: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached Professional Services Contract for City of Yakima Hearing Examiner. ADOPTED BY THE CITY COUNCIL this l oday of April, 1999. A 1'1.ST: John Puccinelli, Mayor City Clerk • C:\ word \contracts-(&-resolutions)\hrng-exminr-99 k-res.doc Last printed 04/01/99 12:16 PM PROFESSIONAL SERVICES CONTRACT FOR CITY OF YAKIMA HEARING EXAMINER PARTIES: The parties to this contract are the CITY OF YAKIMA, 129 North Second Street, Yakima, Washington 98902 ("City" herein), and PHILIP A. LAMB, of Lamb Law Office, P. O. Box 4, Yakima, Washington 98907 ("Lamb" or "Hearing Examiner" herein) . RECITALS: 1. Yakima City utilizes a Hearing Examiner for land use matters throughout the city. 2. Yakima City has previously entered into professional services contracts with Philip Lamb as Hearing Examiner. 3. In order to encourage consistency in land use decisions, and because of Lamb's experience with land use matters in the city, the City wishes to renew Lamb's existing contract as Hearing Examiner, which terminated December 31, 1998. AGREEMENT: 1. Engagement of Examiner. The City hereby hires Philip Lamb, and Lamb agrees to serve, as Hearing Officer for the purposes set forth herein. The City Council at its meeting of April (, , 1999, authorized the Mayor to sign this contract for professional services. 2. Character and Extent of Services. When requested in writing by the Mayor, the City Council, or the City Manager, the Hearing Officer shall preside over and conduct PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 1 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 public hearings or meetings of the City Council, or such other proceedings as may be designated by the City. 3. Additional Duties. The Examiner shall be primarily responsible for assigning cases in the event a Pro 4Tem is utilized, and shall coordinate with any Pro Tems in' order to insure consistency of analysis in decision making. Assignments shall particularly consider actual or apparent conflicts of interest and the need for timely decisions. The Examiner and City Planning Manager shall mutually consult on all assignments of cases to Pro Tems. The City Planning Manager may assign cases directly to a Pro Tem in the event of untimely decisions by the Examiner. Coordination with the Pro Tem and Planning Staff shall include access to existing files maintained by the Examiner. The Examiner shall select Pro Tems as may be necessary, subject to approval of the selection by the Mayor or City Manager. 4. Liaison. The City Manager, or his representative, shall serve as the City's liaison with the Examiner. 5. Independent Contract. The relationship of the Examiner to the City shall be that of an independent contractor rendering professional services. The Examiner shall have no authority to execute contracts or to make commitments on behalf of the City, and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the City and the Examiner. 6. Professional Fees. The Examiner shall be paid by the City for professional services rendered under this contract at the rate of One Hundred Thirty Dollars ($130.00) per hour, subject to a minimum of One Thousand Dollars ($1,000.00) per month, plus reimbursement for direct non - salary expenses such as out-of-town travel, training costs, specialized reference materials, and planning related memberships. Such payment shall be full compensation for services rendered, including all labor, materials, supplies, equipment, and necessary incidentals, except that the City shall provide at its expense Hearing Examiner stationery and reproduction services. In the event that the services rendered in one month are insufficient to bear the monthly PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 2 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 minimum of One Thousand Dollars ($1,000.00), a credit shall be given to excess hours in a prior or later month, subject to the requirement that total annual compensation shall be a minimum of Twelve Thousand ($12,000.00). The annual retainer and hourly rate shall be reviewed, and may be renegotiated, each January. 7. Itemized Statements. By the 10th day of each month the Examiner will provide monthly itemized statements to the City reflecting services rendered for administrative matters, and for each matter processed by the Examiner. The statements will consist of a cover page reflecting administrative work and the total fee for services rendered to the City. An attachment shall reflect services rendered for administrative matters, and a second attachment shall reflect services rendered for substantive matters. 8. Payment Schedule. The City will process for payment by the 10th day of each month all statements received for work done from the 1st day of the prior month. All statements not paid within 30 days of the date of billing shall be subject to service charges of and one-half percent per month from the date of the statement. 9. Facilities to be Furnished by Examiner. The Examiner shall furnish and maintain an office, equipment, library, and clerical staff suitable and adequate for performing the services to be rendered pursuant to this contract. The City shall be responsible for providing, at its respective expense, hearing rooms, recording equipment, and related supplies. The City at its discretion may make available computer related equipment for use by the Examiner, including but not limited to potential connection with the City's computer network. 10. Ownership of Documents. The record developed before the Examiner, including the Examiner's decision or recommendation, is the property of the City. The Examiner's work product, consisting of notes, research, and preliminary drafts, is the property of the Examiner. PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 3 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 11. Right to Terminate Contract. The contract may be terminated by the City for cause, in the event that the City Council determines that the Examiner is not giving due consideration to proper procedure or is not conducting hearings in a prudent manner, giving due regard to the appearance of fairness doctrine, laws regarding conflicts of interest, and all laws, procedures, and regulations dealing with the subject matter under consideration. The Examiner may terminate this contract for cause or without cause, upon giving the other party ninety (90) days written notice. 12. No Personal Liability. The Examiner is relieved from any personal liability whatsoever from any injury to persons or property as a result of his acts or omissions in good faith discharge of his responsibilities under this contract. If the Examiner is sued for any acts or omissions occurring in discharge of his responsibilities, the City shall defend and provide legal representation of the Examiner until final disposition of the proceedings. The City shall reimburse the Examiner for any costs he incurs in defending against alleged liability for the acts or omissions of the Examiner in the performance of his duties herein. This defense and indemnity agreement does not preclude personal liability in the event of bad faith or malicious performance by the Examiner of his duties herein. 13. Non -Assignment. This contract is personal to the Examiner and is not assignable by the Examiner to any other individual. 14. Amendment. This Professional Services Contract can only be amended or revised by the written agreement of all parties. 15. Interest of Public Officials. No member of the City Council and no officer, employee, or agent of the City shall have any personal financial interest, direct or indirect, in this contract; the Examiner shall take appropriate steps to assure compliance. 16. Interest of Examiner. The Examiner covenants that he presently has no interest and shall not acquire an interest, direct or indirect, in any property which is the PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 subject of a proceeding before the Examiner which would conflict in any manner or degree with the performance of his services hereunder. 17. Term. This contract shall commence January 1, 1999 and terminate December 31, 2002. EXECUTED this %yday of //);er f , 1999 CITY OF YAKIMA By: \,, �. Richard A. Zais, Jr., City Manager APPROVED AS TO FORM: ATTEST: By: L City Clerk, Karen S. Roberts By: Ray Paolella,City Attorney City Contract No. 99-51 Council Resolution No. R-99-48 EXECUTED this /S day of PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 5 1999 HEARING EXAMINER By: 1,N 14-4_, Philip A. Lamb HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of April 6, 1999 ITEM TITLE: Resolution Authorizing Renewal of Hearing Examiner Contract SUBMITTED BY. i lam Cook, Director Community & Economic Development CONTACT PERSON/TELEPHONE: Don S. Skone, Planning Manager 575-6184 SUMMARY EXPLANATION: Attached is a revised contract with Mr. Philip Lamb for Hearing Examiner services. The contract is substantially the same as the contract executed for the years 1994-1998. The hourly rate is proposed by Mr. Lamb to increase from $110 to $130. The new rate would be fixed for the contract term of three years. The monthly retainer would be reduced from $2000 to $1000 reflecting the change to individual contracts with the City and County rather than the previous joint system. The proposed contract is for the period January 1, 1999 through December 31, 2002. The City Hearing Examiner Committee Consisting of Council members Barnett and Sims met with Mr. Lamb on January 27, 1999 to review the Examiner's services and activities for 1998 and to discuss contract renewal. At this time, the Hearing Examiner is preparing one (1) pending recommendation. This is the recommendation on the Mercy Enterprises Rezone request. Resolution X Ordinance_Contract _ Other (Specify) Professional Services Contract Funding Source: 000.020.4.313.0000.55860.410 (Professional Services—Hearing Examiner) APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve Resolution and authorize City Manager to sign new contract. BOARD RECOMMENDATION: Hearing Examiner committee recommends approval. COUNCIL ACTION: OFFICE OF HEARING EXAMINEE FOR THE CITY AND COUNTY OF YAKIMA („TY OF YAKWA JUL 2 5 2002 PHILIP A. LAMB 311 NORTH THIRD STREET, P.O. BOX 4 YAKIMA, WASHINGTON 98907 FAX: (509) 248-0707 July 25, 2002 The Honorable Mary Place City of Yakima 129 N. 2nd Street Yakima, WA 98901 Re: Hearing Examiner Resignation OFA 9 ' PAGER Mayor Place: This confirms my oral notice to you of yesterday. I resign as Urban Area Hearing Examiner, effective immediately. Sincerely, e A f - A t t A Philip A. Lamb PAL/pjl Cc: Jim Lewis, County Commissioner