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HomeMy WebLinkAboutR-2002-155 Gary Cuillier & Pat Spurgin - Hearing Examiner AgreementsRESOLUTION NO. R 2002 - 1, 5 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute professional service agreements with Gary Cuillier and Pat Spurgin to act as hearing examiner and hearing examiner pro tem with regard to land use matters occurring throughout the City of Yakima. WHEREAS, the City of Yakima requires the services of a hearing examiner and a hearing examiner pro tem to consider and address land use matters occurring throughout the City; and WHEREAS, Gary Cuillier and Pat Spurgin have the experience and expertise necessary to provide said services and are willing to do so in accordance with the terms and conditions of the attached professional services agreements; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into said agreements with Gary Cuillier and Pat Spurgin to act as hearing examiners in land use matters, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated professional services agreements with Gary Cuillier and Pat Spurgin to act as hearing examiner and hearing examiner pro tem with regard to land use matters throughout the City of Yakima. ADOPTED BY THE CITY COUNCIL this 17th day of December, 2002. ATTEST: City Clerk (lk)res-ced-hearing examiner contracts-dec 02 -pm 4:„ ary Place, Mayor PROFESSIONAL SERVICES CONTRACT FOR CITY OF YAKIMA HEARING EXAMINER PARTIES: The parties to this contract are the CITY OF YAKIMA, 129 N. Second Street, Yakima, Washington 98901 ("City" herein), and GARY M. CUILLIER, Attorney at Law, 314 N. Second Street, Yakima, Washington 98901 ("Cuillier" or "Examiner" herein). RECITALS: 1. City of Yakima utilizes a Hearing Examiner for land use matters occurring throughout the City. 2. In order to encourage consistency in land use decisions, and because of Cuillier's experience with land use matters in the City of Yakima, the City wishes to contract with Cuillier as Hearing Examiner. AGREEMENT: 1. Engagement of Hearing Examiner. The City hereby hires Cuillier, and Cuillier agrees to serve, as Hearing Examiner for the purposes set forth in the City's various ordinances and land use regulations. 2. Character and Extent of Services. Cuillier shall perform the services of Hearing Examiner for the City as required in the City's ordinances, as well as other duties as may be assigned by the Code Administration and Planning Manager from time to time. 3. Pro Tem Hearing Examiner. It is contemplated that the City Council will appoint a Pro Tem Hearing Examiner to serve in the event of absence or inability of the Hearing Examiner to act. 4. Case Assignment. The Code Administration and Planning Manager, or his designee, shall assign cases. While it is contemplated that the Hearing Examiner will hear the majority of cases, the Code Administration and Planning Manager shall assure that the Pro Tem Examiner is assigned a sufficient number and PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 1 variety of cases to maintain the knowledge, expertise and skills necessary for effective performance of Hearing Examiner duties. 5. Additional Duties. The Examiner shall coordinate with the Pro Tem Hearing Examiner in order to insure consistency of analysis and efficient decision-making. The Examiner's duty to determine matters efficiently shall include the duty to issue written findings and conclusions for all matters coming before the Examiner within ten (10) working days of the conclusion of the hearing on each matter unless a longer period is agreed to in writing by the applicant. The Examiner's failure to comply with this duty will result in deduction from compensation otherwise due the Examiner in the amount of $100.00 for each day of delay beyond ten (10) working days after the hearing conclusion. 6. Liaison. The Code Administration and Planning Manager, or his representative, shall serve as the City's liaison with the Examiner. 7. Independent Contract. The relationship of the Examiner to the City is 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, except as authorized herein or by City ordinances, 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. 8. 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. 8.1 In addition to hourly compensation, the Examiner shall be reimbursed for direct non -salary expenses such as out-of-town travel, training costs, specialized reference materials, and planning related memberships. To be eligible for reimbursement, the Code Administration and Planning Manager shall approve training, reference materials and memberships prior to purchase. 8.2 The payment provided in this section shall be full compensation for services rendered, including all labor, materials, supplies, equipment, and necessary incidentals. 9. Itemized Statements. By the 5th day of each month the Examiner will provide to the City an itemized statement for services and expenses incurred during the previous month. There shall be an attachment itemizing services rendered for administrative matters, a second attachment itemizing services rendered for substantive matters, and a third attachment itemizing out of pocket expenses. 10. Payment Schedule. Payments shall be made on the 20th of the month for statements received by the 5th day of the same month. PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 2 11. Facilities to be Furnished by Hearing 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 provide at its expense hearing rooms, recording equipment, and related supplies. 12. Ownership of Documents. The record developed before the Examiner, including the Examiner's decision or recommendation, shall be the property of the City. The Examiner's work product, consisting of notes, research, and preliminary drafts, shall be the property of the Examiner. 13. Right to Terminate Contract. This contract may be terminated by the City for cause or without cause upon giving the Hearing Examiner thirty (30) days written notice for the City. For purposes of this paragraph, "cause" shall include, but not be limited to, a determination by the City Council 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/or other 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 City ninety (90) days written notice. 14. No Personal Liability. The City shall defend, indemnify and hold harmless the Examiner from all liability, loss or damage, including costs of defense he may suffer as a result of claims, demands, actions, damages, costs or judgments which result from the activities to be performed by the Examiner pursuant to this Agreement. This defense and indemnity agreement does not apply to claims arising from bad faith or malicious performance by the Examiner of his duties herein. 15. Non -Assignment. This contract is personal to the Examiner and is not assignable by the Examiner to any other individual. 16. Amendment. This contract can only be amended by the written agreement of both parties. 17. Interest of Public Officials. No member of the governing body of the City 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. 18. Interest of Hearing 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 subject PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 3 of a proceeding before the Examiner, which would conflict in any manner or degree with the performance of his services hereunder. 19. Term. This contract shall commence January 1, 2003 and terminate December 31, 2003 unless prior to said date it is renewed for an additional period on terms agreeable to the City and the Examiner. EXECUTED this day of December, 2002 ATTEST: CITOF YAKIMA By: APPROVED AS TO FORM: By: By:uL� Karen Roberts City Clerk City Attorney EXECUTED this 10 day of December, 2002 HEARIN. EXAMINER By: Gary M. Cuillier PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 4 PROFESSIONAL SERVICES CONTRACT FOR YAKIMA COUNTY HEARING EXAMINER PARTIES: The parties to this contract are the COUNTY OF YAKIMA, 128 N. Second Street, Yakima, Washington 98901 ("County" herein), and Gary M. Cuillier, Attorney at Law, 314 N. Second Street, Yakima, Washington 98901 ("Cuillier" or "Examiner" herein). RECITALS: 1. Yakima County utilizes a Hearing Examiner for land use matters occurring throughout the county, including the Yakima urban area. 2. In order to encourage consistency in land use decisions, and because of Cuillier's experience with land use matters in Yakima County, the County wishes to contract with Cuillier as Hearing Examiner. AGREEMENT: 1. Engagement of Hearing Examiner. The County hereby hires Gary M. Cuillier, and Cuillier agrees to serve, as Hearing Examiner for the purposes set forth in the County's various ordinances and land use regulations. 2. Character and Extent of Services. Gary M. Cuillier shall perform the services of Hearing Examiner for the unincorporated area of Yakima County as required in the County's ordinances, as well as other duties as may be assigned by the County Planning Director from time to time. 3. Pro Tem Hearing Examiner. It is contemplated that the Board of County Commissioners will appoint a Pro Tem Hearing Examiner to serve in the event of absence or inability of the Hearing Examiner to act. 4. Case Assignment. The County Planning Director, or his designee, shall assign cases. While it is contemplated that the Hearing Examiner will hear the majority of cases, the County Planning Director shall assure that the Pro Tem Examiner is assigned a sufficient number and variety of cases to maintain the PROFESSIONAL SERVICES CONTRACT - knowledge, expertise and skills necessary for effective performance of Hearing Examiner duties. 5. Additional Duties. The Examiner shall coordinate with the Pro Tem Hearing Examiner in order to insure consistency of analysis and efficient decision-making. The Examiner's duty to determine matters efficiently shall include the duty to issue written findings and conclusions for all matters coming before the Examiner within ten (10) working days of the conclusion of the hearing on each matter unless a longer period is agreed to in writing by the applicant. The Examiner's failure to comply with this duty will result in deduction from compensation otherwise due the Examiner in the amount of $100.00 for each day of delay beyond ten (10) working days after the hearing conclusion. 6. Liaison. The County Planning Director, or his representative, shall serve as the County's liaison with the Examiner. 7. Independent Contract. The relationship of the Examiner to the County is 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 County, except as authorized herein or by County ordinances, and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the County and the Examiner. 8. Professional Fees. The Examiner shall be paid by the County for professional services rendered under this contract at the rate of One Hundred Thirty Dollars ($130.00) per hour. 8.1 In addition to hourly compensation, the Examiner shall be reimbursed for direct non -salary expenses such as out-of-town travel, training costs, specialized reference materials, and planning related memberships. To be eligible for reimbursement, training, reference materials, and memberships shall be approved by the County Planning Director prior to purchase. 8.2 The payment provided in this section shall be full compensation for services rendered, including all labor, materials, supplies, equipment, and necessary incidentals. 9. Itemized Statements. By the 5th day of each month the Examiner will provide to the County a monthly itemized statement for services and expenses incurred during the previous month. There shall be an attachment itemizing services rendered for administrative matters, a second attachment itemizing services rendered for substantive matters, and a third attachment itemizing out of pocket expenses. 10. Payment Schedule. Payments shall be made on the 20th of the month for statements received by the 5th day of the same month. PROFESSIONAL SERVICES CONTRACT - 11. Facilities to be Furnished by Hearing 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 County shall provide at its expense hearing rooms, recording equipment, and related supplies. 12. Ownership of Documents. The record developed before the Examiner, including the Examiner's decision or recommendation, shall be the property of the County. The Examiner's work product, consisting of notes, research, and preliminary drafts, shall be the property of the Examiner. 13. Right to Terminate Contract. This contract may be terminated by the County for cause or without cause by giving the Hearing Examiner thirty (30) days written notice for the County. For purposes of this paragraph, "cause" shall include, but not be limited to, a determination by the Board of County Commissioners 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/or other 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 County ninety (90) days written notice. 14. No Personal Liability. The County shall defend, indemnify and hold harmless the Examiner from all liability, loss or damage, including costs of defense he may suffer as a result of claims, demands, actions, damages, costs or judgments which result from the activities to be performed by the Examiner pursuant to this Agreement. This defense and indemnity agreement does not apply to claims arising from bad faith or malicious performance by the Examiner of his duties herein. 15. Non -Assignment. This contract is personal to the Examiner and is not assignable by the Examiner to any other individual. 16. Amendment. This contract can only be amended by the written agreement of both parties. 17. Interest of Public Officials. No member of the governing bodies of the County and no officer, employee, or agent of the County shall have any personal financial interest, direct or indirect, in this contract. The Examiner shall take appropriate steps to assure compliance. 18. Interest. of Hearing 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 subject PROFESSIONAL SERVICES CONTRACT - of a proceeding before the Examiner which would conflict in any manner or degree with the performance of his services hereunder. 19. Term. This contract shall commence January 1, 2003 and terminate December 31, 2003, unless prior to said date it is renewed for an additional period on terms agreeable to the County and the Examiner. EXECUTED this J1 day of December, 2002 COUNTY OF YAKIMA Ronald F. Gamache, Chairman Board of Yakima County Commissioners APPRO By: ATTEST: AS TO F EXECUTED this puty cuting Attorney Jennifer Adams Deputy Clerk of the Board day of December, 2002 PROFESSIONAL SERVICES CONTRACT - HEARING EXAMINER B y : Gary M. Cuillier PROFESSIONAL SERVICES CONTRACT FOR CITY CSF YAKIMA HE_A?T_NG EXAMINER PRO TEM PARTIES: The parties t0 this contract are the CITY OF YAKIMA, 129 N. Second Street, Yakima, Washington 98901 ("City" tiC re1i), and PATRICK SPURGIN, Attorney at Law, 411 N. Second Street, Yakima, Washington 98901 (cc Spu.rgiii' or 'Pro Ter(' herein) . RECITALS: 1. City of Yakima utilizes a Hearing Examiner for land use matters occurring throughout the City. 2. In order to encourage consistency in land use decisions, and because of Spurgin's experien Cases to maintain the knowledge, expertise and skills necessary for effective performance of Hearing Examiner duties. 5. Additional Duties. The Pro Tem shall coordinate with the Hearing Examiner in order to insure consistency of analysis and efficient decision-making. . The Pro Tem's duty to determine matters efficiently shall include the duty to issue written findings and conclusions for all matters coming before the Pro Tem within ten (10) working days of the conclusion of the hearing on each matter unless a longer period is agreed to in writing by the applicant. The Pro Tem's failure to comply with this duty will result in deduction from compensation otherwise due the Pro Tem in the amount of $100.00 for each day of delay beyond ten (10) working days after the hearing Conclusion. his Liaison. The Code Administration and Planning Manager, h or s representative, shall serve as the City's liaison with the Pro Tem. 7 r Th t; L. the independent Contract. 1110 relationship of Pro Tem to the City is that of an independent contractor rendering professional services. The Pro Tera shall have no authority to eYecute contracts or to make commitments on behalf of the City, except as authorized herein or by City ordinances, and nothing ng contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the City and the Pro Tem. 8. Professional Fees. The Pro Tem shall be paid by the City for professional services rendered under this contract at the rate of One Hundred Twenty Lollars ($120.00) per hour. 8.1 In addition to hourly compensation, the Pro Tem shall be reimbursed for direct non -salary expenses such as out-of-town travel, training costs, specialized reference materials, and planning related memberships. To be eligible for reimbursement, the Code Administration and Planning Manager shall approve training, reference materials and memberships prior to purchase. 8.2 The payment provided in this section shall be full compensation for services rendered, including all labor, materials, supplies, equipment, and necessary incidentals. 9. Itemized Statements. By the 5th day of each month the Pro Tem will provide to the City an itemized statement for services and expenses incurred during the previous month. There shall be an attachment itemizing services rendered for administrative matters, a second attachment itemizing services rendered for substantive matters, and a third attachment itemizing out of pocket expenses. 10. Payment Schedule. Payments shall be made on the 20th of �_ for the tiLc3iitrr icer statements received by the 5th day of the same month. PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 2 11. Facilities to be Furnished by Pro Tem. 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 Miall provide at its expense hearing rooms, recording equipment, and related supplies. 12. Ownership of Documents. The record developed before the Pro Tem, including the Pro Tem's decision or recommendation, shall be the property of the City. The Pro Tem's work product, consisting of notes, research, and preliminary drafts, shall be the property of the Pro Tem. 13. Right to Terminate Contract. This contract may be terminated by the City for cause or without cause upon giving the Pro -Tem thirty (30) days written notice for the City. For purposes of this paragraph, "cause" shall include, but not be limited to, a determination by the City Council that the Pro TeiLL is not giving due consideration to proper procedure or is not conducting hearings in a prudent manner, giving due regard to Llie appearance of fairness doctrine, laws regarding conflicts of interest, and/or other laws, procedures, and regulations dealing with the subject matter under consideration. The Pro Tem may terminate this contract for cause or without cause upon giving the City ninety ('v) days written notice. ii . No Personal Liabi'ii t'y". The City shall defend, indemnify and hold harmless the Pro Tem from all liability, loss or damage, including costs of defense he may suffer as a result of Claims, demands, actions, damages, costs or judgments which result from the activities to be performed by the Pro Tem pursuant to this Agreement. This defense and indemnity agreement does not apply to claims arising from bad faith or malicious performance by the Pro Tem of his duties herein. 15. Non -Assignment. This contract is personal to the Pro Tem and is not assignable by the Pro Tem to any other individual. 16. Amendment. This contract can only be amended by the written agreement of both parties. 17. Interest of Public Officials. No member of the governing body of the City and no officer, employee, or agent of the City shall have any personal indirect, in this contract. The steps to assure compliance. 18. Interest of Pro 'Tan. financial interest, direct or Pro Tem shall take appropriate The Pro Tem covenants that he presently has no interest and shall not acquire an interest, direct or indirect, in any property,�Lwhich is the subject of a proceeding before the Pro Tem, which would conflict in any manner or dC yi e e with the performance of his services hereunder. PROFESSIONAL SERVICES CONTRACT Hearing Examiner 3 19. Terri. This contract shall commence January 1, 2003 and terminate December 31, 2003 unless prior to said date it is renewed for an additional period on terms agreeable to the City and the Pro Tem. EXECUTED this day of December, 2002 C$7? COi Tt24.i:Y N;• R S XL'TtWJ No ATTEST: CITY OF Y_AKIMA B y: Richard A. Zais, City Manage:. APPROVED AS TO FORM: By: By: '-1^-- Sd /' Karen Roberts City Clerk EXECUTED this Cit'= Attorney day of December, 2002 PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 4 PROFESSIONAL SERVICES CONTRACT FOR YAKIMA COUNTY HEARING EXAMINER PRO TEM PARTIES: The parties to this contract are the COUNTY OF YAKIMA, 128 N. Second Street, Yakima, Washington 98901 ("County" herein), and PATRICK SPURGIN, Attorney at Law, 411 N. Second Street, Yakima, Washington 98901 ("Spurgin" or "Pro Tem" herein). RECITALS: 1. Yakima County utilizes a Hearing Examiner for land use matters occurring throughout the county, including the Yakima urban area. 2. In order to encourage consistency in land use decisions, and because of Spurgin's experience with land use matters in Yakima County, the County wishes to contract with Spurgin as Hearing Examiner Pro Tem. AGREEMENT: 1. Engagement of Hearing Examiner Pro Tem. The County hereby hires Spurgin, and Spurgin agrees to serve, as Hearing Examiner Pro Tem for the purposes set forth in the County's various ordinances and land use regulations. 2. Character and Extent of Services. Spurgin shall perform the services of Hearing Examiner Pro Tem for the unincorporated area of Yakima County as required in the County's ordinances, as well as other duties as may be assigned by the County Planning Director from time to time. 3. Pro Tem Hearing Examiner. It is contemplated that the Board of County Commissioners will appoint a Pro Tem Hearing Examiner to serve in the event of absence or inability of the Hearing Examiner to act. 4. Case Assignment. The County Planning Director, or his designee, shall assign cases to the Pro Tem. While it is contemplated that the Hearing Examiner will hear the majority of cases, the County Planning Director shall assure that the Pro Tem is assigned a sufficient number and variety of cases to maintain the knowledge, expertise and skills necessary for effective performance of Hearing Examiner duties. PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 1 5. Additional Duties. The Pro Tem shall coordinate with the Hearing Examiner in order to insure consistency of analysis and efficient decision making. The Pro Tem's duty to determine matters efficiently shall include the duty to issue written findings and conclusions for all matters coming before the Pro Tem within ten (10) working days of the conclusion of the hearing on each matter unless a longer period is agreed to in writing by the applicant. The Pro Tem's failure to comply with this duty will result in deduction from compensation otherwise due the Pro Tem in the amount of $100.00 for each day of delay beyond ten (10) working days after the hearing conclusion. 6. Liaison. The County Planning Director, or his representative, shall serve as the County's liaison with the Pro Tem. 7. Independent Contract. The relationship of the Pro Tem to the County is 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 County, except as authorized herein or by County ordinances, and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the County and the Pro Tem. 8. Professional Fees. The Pro Tem shall be paid by the County for professional services rendered under this contract at the rate of One Hundred Twenty Dollars ($120.00) per hour. 8.1 In addition to hourly compensation, the Pro Tem shall be reimbursed for direct non -salary expenses such as out-of-town travel, training costs, specialized reference materials, and planning related memberships. To be eligible for reimbursement, training, reference materials and memberships shall be approved by the County Planning Director prior to purchase. 8.2 The payment provided in this section shall be full compensation for services rendered, including all labor, materials, supplies, equipment, and necessary incidentals. 9. Itemized Statements. By the 5th day of each month the Pro Tem will provide to the County an itemized statement for services and expenses incurred during the previous month. There shall be an attachment itemizing services rendered for administrative matters, a second attachment itemizing services rendered for substantive matters, and a third attachment itemizing out of pocket expenses. 10. Payment Schedule. Payments shall be made on the 20th of the month for statements received by the 5th day of the same month. PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 2 11. Facilities to be Furnished by Pro Tem. 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 County shall provide at its expense hearing rooms, recording equipment, and related supplies. 12. Ownership of Documents. The record developed before the Pro Tem, including the Pro Tem's decision or recommendation, shall be the property of the County. The Pro Tem's work product, consisting of notes, research, and preliminary drafts, shall be the property of the Pro Tem. 13. Right to Terminate Contract. This contract may be terminated by the County for cause or without cause upon giving the Pro -Tem thirty (30) days written notice for the County. For purposes of this paragraph, "cause" shall include, but not be limited to, a determination by the Board of County Commissioners 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/or other laws, procedures, and regulations dealing with the subject matter under consideration. The Pro Tem may terminate this contract for cause or without cause upon giving the County ninety (90) days written notice. 14. No Personal Liability. The County shall defend, indemnify and hold harmless the Pro Tem from all liability, loss or damage, including costs of defense he may suffer as a result of claims, demands, actions, damages, costs or judgments which result from the activities to be performed by the Pro Tem pursuant to this Agreement. This defense and indemnity agreement does not apply to claims arising from bad faith or malicious performance by the Pro Tem of his duties herein. 15. Non -Assignment. This contract is personal to the Pro Tem and is not assignable by the Pro Tem to any other individual. 16. Amendment. This contract can only be amended by the written agreement of both parties. 17. Interest of Public Officials. No member of the governing body of the County and no officer, employee, or agent of the County shall have any personal financial interest, direct or indirect, in this contract. The Pro Tem shall take appropriate steps to assure compliance. 18. Interest of Pro Tem. 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 PROFESSIONAL SERVICES CONTRACT - Hearing Examiner 3 before ..... t -'L.. 'neo Te which 1 L1 �- ' l.JCLVtC Lir Pro Tem W1S1Lil would conflict in any manner or degree 1.L th f L� hereunder.with the performance O.L.1 1115 services tiCL LL J j • 2CL1[L• This contract shall commence January 1, ternwnate Decern e 31 r 2002 ir,nl @$S prior to Said plate it fvt ail add1L1Vlla1 LJC.i.Lvd vii LC11LL.7' CiyLCeasJJ..LC LU 1eiLL. A vvs'rrrmvn this � � .V day Jf�1:1LV 11JL L.111l..tGL ATTEST: --r 2003 and i= YGn G4TL]('a to the l�_uuilLy aild LLL December, 4004 COUNTY nF YAKTMA By: Ronald F. Cam�ache, Chairman Board of CUI. my lL.UiLLLLLL S1ViiCJ pPPRO� By: iJ��JULy r L� Clerk of the Boar 1 EZ1Er1-71 ED day v. v� SeLUL_LLIy Attorney Jennifer Adams Deputy Clerk of the Board December, 2002 PROFESSIONAL SERVICES CONTRACT Hearing Examiner 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting of December 17, 2002 ITEM TITLE: Consideration of the Joint Hearing Examiner Committee's Recommendation to Appoint Gary Cuillier as the City of Yakima's Hearing Examiner and Patrick Spurgin as the Examiner Pro Tem. SUBMITTED BY: &iam R. Cook, Director of Community and Economic Development Department CONTACT PERSON/TELEPHONE: Doug Maples, Code Administration an Manager (509) 575-6121 SUMMARY EXPLANATION: On June 18, 2002, the Joint Hearing Examiner Committee (comprised of Councilmen Sims and Barnett and Commissioners Gamache and Palacios) met to interview candidates for the positions of Hearing Examiner and Examiner Pro Tem. The Joint Hearing Examiner Committee met again on December 11, 2002, to review the contractual language for both positions. The Joint Hearing Examiner Committee recommends the selection of Gary Cuillier as Hearing Examiner and Patrick Spurgin as Examiner Pro Tem. Resolution Ordinance Other (Specify) Letter from Committee Contracts X Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL:=�• s City Manager STAFF RECOMMENDATION:The City Council enters into contracts with Gary Cuillier as Hearing Examiner and Patrick Spurgin as Examiner Pro Tem. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution Adopted. RESOLUTION R-2002-155 December 11, 2002 Yakima City Council City of Yakima Board of County Commissioners Yakima County RE: Recommendation of the Joint Hearing Examiner Committee Dear Councilmen and Commissioners: On November 20, 2002 the Joint Hearing Examiner Committee (comprised of Councilmen Sims and Barnett and Commissioners Gamache and Palacios) together with Yakima County New Vision President Dave McFadden, County Planning Director Dick Anderwald and City Code Administrator Doug Maples interviewed candidates for the positions of Hearing Examiner and Examiner Pro Tem. The Committee recommends the selection of Gary Cuillier as Hearing Examiner and Patrick _ Spurgin as Examiner Pro Tem, and further recommends that the City Council and County Commissioners enter into contracts with them in substantially the form attached. Respectfully sub ; tted, Bernie Sims Committee Chair Encl. Contracts as noted G4,ADMINISTRATIVE\Users\RICHARDA\ADMIN\Hearing Examiner\2002 Recniitment\Transmittal Letter.DOC