HomeMy WebLinkAboutR-2010-158 Transit Hearing Examiner Services Professional Services ContractRESOLUTION NO R-2010-158
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute
a Professional Services Contract for Transit Hearing Examiner services
WHEREAS, the Yakima City Council has passed ordinances describing prohibited acts
on transit property of which a violation may result in the loss of transit privileges, and
WHEREAS, once an individual has lost transit privileges, that individual has the right to
request the decision be reviewed by a Transit Hearing Examiner; and
WHEREAS, Lacy Westfall Heinz, an attorney doing business in the City of Yakima at
302 N Third Street, Suite 203, Yakima, Washington 98901 is knowledgeable on the due
process of law and has agreed to act as the Transit Hearing Examiner; and
WHEREAS, the Yakima City Council finds it in the best interest of the City of Yakima to
enter into this Professional Services Contract with Lacy Westfall Heinz; 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 Contract" between the City of Yakima and
Lacy Westfall Heinz to provide Transit Hearing Examiner Services as described in Chapter 7 90
of the City of Yakima Municipal Code
ADOPTED BY THE CITY COUNCIL this 14th day of December, 2010
ATTEST
City Clerk
Cim/resolution/transrt
PROFESSIONAL SERVICES CONTRACT
FOR
CITY OF YAKIMA TRANSIT HEARING EXAMINER
PARTIES:
The parties to this contract are the CITY OF YAKIMA, a municipal corporation, located
at 129 N. Second Street, Yakima, Washington 98901 ("City" herein), and LACY WESTFALL
HEINZ, Attorney at Law, located at 302 N. Third Street, Suite 203, Yakima, Washington 98901
("Westfall Heinz" or "Examiner" herein).
RECITALS:
1. City of Yakima has established an appeals process for transit suspension
matters occurring throughout the City.
2. In order to encourage consistency, and because of Westfall Heinz's legal
experience in the City of Yakima, the City wishes to contract with Westfall Heinz as a Transit
Hearing Examiner for the purpose of deciding transit suspension appeals.
AGREEMENT:
1. Engagement of Hearing Examiner. The City hereby hires Westfall Heinz, and
Westfall Heinz agrees to serve, as the appointed Transit Hearing Examiner for the purpose of
conducting hearings on transit suspension appeals.
2. Character and Extent of Services. Westfall Heinz shall be an appointed
Transit Hearing Examiner for the City as described in Chapter 7.90 of the Yakima Municipal
Code.
3. Pro Tem Hearing Examiner. It is contemplated that the Public Works Director
will appoint an alternate Transit Hearings Examiner to serve in the event of absence or inability
of Westfall Heinz to act.
4. Case Assignment. The Public Works Director, or his designee, shall assign
cases. While it is contemplated that Westfall Heinz will hear the majority of cases, the Public
Works Director shall assure that an alternate is assigned a sufficient number and variety of
cases to maintain the skills necessary for effective performance of Transit Hearing Examiner.
5. Additional Duties. The Examiner shall coordinate with the alternate designee
to ensure 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
PROFESSIONAL SERVICES.CONTRACT -
Hearing Examiner
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 Public Works Director, 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 Twenty Dollars ($120.00) per
hour. 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.
10. Payment Schedule. Payments shall be made on the 20th of the month for
statements received by the 5th day of th'e same month.
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. 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, Toss or damage, including costs of defense she 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
PROFESSIONAL SERVICES CONTRACT -
Hearing Examiner 2
does not apply to claims arising from bad faith or malicious performance by the Examiner of her
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 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, 2011 and terminate December
31, 2012 unless prior to said date it is renewed for an additional period on terms agreeable to
the City and the Examiner.
EXECUTED this 15th day of December, 2010
CITY OF YAKIMA
By:
Richard Zair.
Yakima City Manager
Debbie Kloster
City Clerk •
EXECUTED this 15th day of December, i 10.
CITY CONTRACrNO: /Q_
RESOLUTION NO:
HEART G EXAMINE
By:
Lacy" estfall Heinz
Attorney at Law
PROFESSIONAL SERVICES CONTRACT -
Hearing Examiner 3
/S.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No Z( -
For Meeting of December 14, 2010
Item Title A resolution authorizing and directing the City Manager of the City of Yakima to
execute a Professional Services Contract for Transit Hearing Examiner services
Submitted By' Chris Waarvick, Public Works Director
Ken Mehin, Transit Manager
Contact Person/Telephone Cynthia I Martinez, 575-6033
Summary Explanation This resolution would authorize the City Manager to execute the
attached Professional Services Contract for Transit Hearing Examiner Services The Transit
Hearing Examiner would be a neutral party hired to hear appeals from those individuals who
have lost their transit use privileges as a result of violating the transit code of conduct or the law
Ms Lacy Westfall-Heinz is an attorney with an office in the City of Yakima, who is familiar with
municipal operations and is knowledgeable on the Due Process of Law Ms Westfall Heinz is
willing to act as the City of Yakima Transit Hearing Examiner If approved the contracted
services would commence in January of 2011
Resolution X Ordinance Contract Other (Specify)
Funding Source
Approval for Submittal
City Manager
Staff Recommendation Adopt Resolution
Committee/Board Recommendation
Council Action