Loading...
HomeMy WebLinkAboutR-1999-049 PROFESSIONAL SERVICES CONTRACT.RESOLUTION NO. R-99- 4 9 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 Patrick D. Spurgin as the City of Yakima Hearing Examiner Pro Tem. 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, 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 Patrick D. Spurgin's services as the City of Yakima Hearing Examiner Pro Tem according to the terms and conditions of the attached proposed Professional Services Contract for City of Yakima Hearing Examiner Pro Tem; and WHEREAS, it is in the best interests of the City of Yakima to contract for Patrick D. Spurgin'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 Pro Tem: 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 Pro Tem. ADOPTED BY THE CITY COUNCIL this day of April, 1999. A 1-1'EST: City Clerk C:\ word \contracts-(&-resolutions)\hrng-exminr-pro tem 99 k-res.doc ohn Puccinelli, Mayor PROFESSIONAL SERVICES CONTRACT FOR CITY OF YAKIMA HEARING EXAMINER PRO TEM PARTIES: The parties to this contract are the CITY OF YAKIMA, 129 North Second Street, Yakima, Washington 98902 ("City" herein), and PATRICK SPURGIN, 411 North Second Street, Yakima, Washington 98901 ("Spurgin" or "Hearing Examiner Pro Tem" herein). RECITALS: 1. Yakima City utilizes a Hearing Examiner for land use matters occurring throughout the city. 2. Yakima City also utilizes a Hearing Examiner Pro Tem, which position is presently vacant. 3. In order to encourage consistency in land use decisions, and because of Spurgin's experience with land use matters, the City wishes to execute a contract with Spurgin as Hearing Examiner Pro Tem. AGREEMENT: 1. Engagement of Examiner. The City hereby hires Patrick Spurgin, and Spurgin agrees to serve, as Hearing Examiner Pro Tem for the purposes set forth herein. The city Council at its meeting of April l ((, , 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 Examiner Pro Tem shall preside over and PROFESSIONAL SERVICES CONTRACT - Hearing Examiner Pro Tem 1 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 conduct public hearings or meetings of City Council, or such other proceedings as may be designated by the City. 3. Assignment of Cases by Hearing Examiner. The Examiner Pro Tem shall coordinate with the Hearing Examiner and City Planning Staff. Cases shall be assigned by the Hearing Examiner in consultation with the City's Planning Manager. Assignments shall particularly consider actual or apparent conflicts of interest and the need for timely decisions. 4. Liaison. The City Manager, or his representative, shall serve as the City's liaison with the Examiner Pro Tem. 5. Independent Contract. The relationship of the Pro Tem to the City shall be that of an independent contractor rendering professional services. The Pro Tem 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 Pro Tem. 6. Professional Fees. The Examiner Pro Tem shall be paid by the City for professional services rendered under this contract at the rate of One Hundred Twenty Dollars ($120.00) per hour, subject to a minimum of Two Hundred Fifty Dollars ($250.00) 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 Pro Tem stationery and reproduction services. In the event that the services rendered in one month are insufficient to bear the monthly minimum of Two Hundred Fifty Dollars ($250.00), 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 Three Thousand Dollars ($3,000.00). The annual retainer and hourly rate shall be reviewed, and may be renegotiated, each January. PROFESSIONAL SERVICES CONTRACT - Hearing Examiner Pro Tem 2 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 7. Itemized Statements. By the 10th day of each month the Pro Tem will provide monthly itemized statements to the City reflecting services rendered for administrative matters, and for each matter processed by the Pro Tem. 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 Pro Tem 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 Pro Tem, including but not limited to potential connection with the City's computer network. 10. Ownership of Documents. The record developed before the Pro Tem, including the Pro Tem's decision or recommendation, is the property of the City. The Pro Tem's work product, consisting of notes, research, and preliminary drafts, is the property of the Pro Tem. 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 Pro Tem 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. PROFESSIONAL SERVICES CONTRACT - Hearing Examiner Pro Tem 3 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 The Pro Tem 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 Pro Tem 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 Pro Tem is sued for any acts or omissions occurring in discharge of his responsibilities, the City shall defend and provide legal representation of the Examiner Pro Tem until final disposition of the proceedings. The City shall reimburse the Examiner Pro Tem 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 Pro Tem of his duties herein. 13. Non -Assignment. This contract is personal to the Pro Tem and is not assignable by the Pro Tem 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 Pro Tem shall take appropriate steps to assure compliance. 16. Interest of Examiner. The Pro Tem covenants that he presently has no interest and shall not acquire an interest, direct or indirect, in any property which is the subject of a proceeding before the Pro Tem which would conflict in any manner or degree with the performance of his services hereunder. 17. Term. This contract shall commence February 1, 1999 and terminate December 31, 1999. The contract may be reviewed, upon review and agreement of both parties, for an PROFESSIONAL SERVICES CONTRACT - Hearing Examiner Pro Tem 4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 .additional 3 year term, commencing January 1, 2000, and terminating December 31, 2002. EXECUTED this Yad day of , 1999 CITY OF YAKIMA Richard A. Zais, City Manager APPROVED AS TO FORM: By: Ray Paolella, By: City Clerk' Karen S. Roberts De\_ City Contract No. 99-52 Council Resolution No. R-99-49 EXECUTED this %5� day of PROFESSIONAL SERVICES CONTRACT - Hearing Examiner Pro Tem 5 City Attorney , 1999 HEARING EXAMINER PRO TEM HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 BUSINESS OF THE CITY COUNCIL YAICIMA, WASHINGTON AGENDA STATEMENT Item No. 6 For Meeting Of April 6, 1999 ITEM TITLE: Resolution Authorizing New Contract for Hearing Examiner Pro Tem SUBMITTED BY it iam Cook, Director Community & Economic Development CONTACT PERSON/TELEPHONE: Don S. Skone, Planning Manager 575-6184 SUMMARY EXPLANATION: Attached is a proposed contract with Mr. Patrick Spurgin, local attorney at law, to serve as Hearing Examiner Pro Tem. Mr. Spurgin was the sole respondent to the notice for the position. The City Hearing Examiner Committee, Councilmembers Barnett and Sims, met with Mr. Spurgin on January 27, 1999, to review his qualifications and interest in the position. The Committee recommends his appointment. The proposed hourly rate is $120 and would be fixed for the contract term of three years, January 1, 1999 through December 31, 2002. An annual retainer of $3000 ($250 monthly) is proposed for the Examiner Pro Tem. 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: