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Home My WebLink AboutR-1990-D5821 WhitakerRESOLUTION NO. A RESOLUTION authorizing the execution of a professional services contract for hearing examiner pro -tem services. WHEREAS, pursuant to the Intergovernmental Agreement For Mutual Use Of Hearing Examiner Services, dated March 4, 1986, between the City of Yakima and Yakima County, executed in connection with the enactment by the County and the City of the Urban Area Zoning Ordinance, the Joint Hearing Examiner Committee solicited and considered applications for the posi- tion of Hearing Examiner Pro -Tem; and WHEREAS, as a result of that process, the Joint Committee recommended to the County and the City that Ronald F. Whitaker be engaged as Hearing Examiner Pro -Tem; and the Board of County Commissioners and City Council have heretofore formally designated Ronald F. Whitaker as Hearing Examiner Pro -Tem; and WHEREAS, the provisions, terms, and conditions of a contract for those hearing examiner pro -tem services have been agreed to by the parties and are contained in the attached professional services contract; and the City Council deems it to be in the best interests of the City that the attached contract be executed for the purposes mentioned herein; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Ronald F. Whitaker for professional hearing examiner pro -tem services, a copy of which contract, entitled "Professional (res/HEprotem.jt) Services Contract For Yakima Urban Area Hearing Examiner Pro - Tem," is attached hereto and by reference made a part . ADOPTED BY THE CITY COUNCIL this IF -11 day of 1990. ATTEST: City Clerk (res/HEprotem.jt) I 2 10 J PROFESSIONAL SERVICES CONTRACT FOR YAKIMA URBAN AREA HEARING EXAMINER PRO TEM PARTIES: The parties to this contract are the CITY OF YAKIMA, 129 North Second Street, Yakima, Washington, 98901 ("City" herein), the COUNTY OF YAKIMA, Yakima County Courthouse, Yakima, Washington, 98901 ("County" herein), and RONALD F. WHITAKER, P. O. Box 1586, Yakima, Washington, 98907 ("Whitaker" or "Examiner Pro Tem" herein). RECITALS: 1. The Urban Area Zoning Ordinance has been adopted respectively by the City as Title 15 of the City of Yakima Municipal Code and by the County as Title 15A of the Yakima County Code. 2. The Hearing Examiner Ordinance has been adopted respectively by the City as Chapter 1.43 of the City of Yakima Municipal Code and by the County as Chapter 2.23 of the Yakima County Code. 3. The City and County have entered into an Intergovernmental Agreement for Mutual Use of Hearing Examiner Services, executed by both the City and the County on March 4, 1986. Pursuant to the Intergovernmental Agreement, Whitaker has served as Hearing Examiner Pro Tem since March, 1986, having first served pursuant to a one-year contract and is now serving on a four-year contract which expires December 31, 1990. 4. The Joint Hearing Examiner Committee has recommended to the City Council and the County Board of Commissioners the continuation of Ronald F. Whitaker as Hearing Examiner Pro Tem for another four-year term, commencing January 1, 1991, and terminating December 31, 1994. PROFESSIONAL SERVICES CONTRACT FOR EXAMINER PRO TEM (083090) Page 1 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 AGREEMENT: 1. Engagement of Examiner. The City and County, pursuant to the above-described ordinances, hereby hire Whitaker, and Whitaker agrees to serve, as Hearing Examiner Pro Tem for the purposes set forth in the above ordinances. The City Council of the City of Yakima at its meeting of 07 15 ICI CIO , 1990, authorized the City Manager to sign this contract for professional services. The Board of Yakima County Commissioners at its meeting of , 1990, authorized the Chairman of the Board of County Commissioners to sign this contract for professional services. 2. Character and Extent of Services. The Examiner Pro Tem shall perform the services of Hearing Examiner as required in the ordinances identified above. In addition to the services required by these ordinances, the Examiner Pro Tem shall also cooperate with the City and the County in the liaison and administration of the ordinances insofar as necessary to properly fulfill the duties of Hearing Examiner. 3. Liaison. The Director of Community and Economic Development, or his representative, shall serve as the City's liaison with the Examiner Pro Tem. The County Planning Director, or his representative, shall serve as the County's liaison with the Examiner Pro Tem. 4. Independent Contract. The relationship of the Examiner Pro Tem to the City and County shall be that of an independent contractor rendering professional services. The Examiner Pro Tem shall have no authority to execute contracts or to make commitments on behalf of the City or the County, except as authorized by the above-described ordinances, and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the City/County and the Examiner Pro Tem. S. Professional Fees. The Examiner Pro Tem shall be paid by the City and County for professional services rendered under this PROFESSIONAL SERVICES CONTRACT FOR EXAMINER PRO TEM (083090) Page 2 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 contract at the rate of Ninety and no/100 Dollars ($90.00) per hour for time expended by him in serving as pro tem hearing examiner, which fee shall include all clerical, travel and incidental expenses. There shall be no guaranteed monthly or annual compensation. The fees paid hereunder shall be for time expended in preparing for hearings, including site views, actual attendance at hearings, research and for writing decisions. 6. Itemized Statements. By the 10th day of each month, the Examiner Pro Tem will provide duplicate monthly itemized statements to the City reflecting services rendered for administrative matters, and for each matter processed by the Examiner Pro Tem. The statements will consist of a cover page reflecting administrative work and the total fee for services rendered both to the City and the County. Three itemized statements will be attached to the summary sheet, one statement reflecting services rendered for administrative matters, one statement reflecting services rendered for matters within the City's jurisdiction, and one statement reflecting services rendered for matters within the County's jurisdiction. 7. 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 thirty (30) days of the date of billing shall be subject to service charges of one and one-half percent (1.5%) per month from the date of the statement. 8. Facilities to be Furnished by Examiner Pro Tem. Examiner 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 and County shall be responsible for providing, at their respective expense, hearing rooms and recording equipment and related supplies. 9. Ownership of Documents. The record developed before the Examiner Pro Tem, including the Examiner Pro Tem's decision or PROFESSIONAL SERVICES CONTRACT FOR EXAMINER PRO TEM (083090) Page 3 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE SOX 4 YAK IMA • WASHINGTON 98907 (509) 248-0706 recommendation, is the property of the City/County. The Examiner Pro Tem's work product, consisting of notes, research, and preliminary drafts, is the property of the Examiner Pro Tem. 10. Right to Terminate Contract. The contract may be terminated by the City and County pursuant to the provisions of the Intergovernmental Agreement for Mutual Uses of Hearing Examiner Services identified above. The Examiner Pro Tem may terminate this contract for cause, or without cause, upon giving the Joint Hearing Examiner Committee ninety (90) days' written notice. 11. 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 is sued for acts or omissions occurring in good faith discharge of his responsibilities, the County/City shall defend and provide legal representation of the Examiner Pro Tem until final disposition of the proceedings. The County/City shall reimburse the Examiner Pro Tem for any costs incurred in defending against alleged liability for the acts or omissions of the Examiner Pro Tem in the good faith discharge of his duties herein. 12. Non -assignment. This contract is personal to the Examiner Pro Tem and is not assignable by the Examiner Pro Tem to any other individual. 13. Amendment. This Professional Services Contract can only be amended or revised by the written agreement of all parties. 14. Interest of Public Officials. No member of the governing bodies of the City or County and no officer, employee, or agent of the City or County shall have any personal financial interest, direct or indirect, in this contract; the Examiner Pro Tem shall take appropriate steps to assure compliance. 15. Interest of Examiner Pro Tem. The Examiner 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 Examiner Pro Tem which would PROFESSIONAL SERVICES CONTRACT FOR EXAMINER PRO TEM (083090) Page 4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 conflict in any manner or degree with the performance of his services hereunder. 16. Term. This contract shall commence January 1, 1991, and terminate December 31, 1994. It shall run on an annual basis from January to December, for budgeting purposes for the City and the County. EXECUTED this "Cir-- day of 6 , , 1990. ATTEST: By: �, �a x t5 -t` 2% City Clerk City Contract No. q0-7/ Resolution No. <6- 5,; A 1 EXECUTED this /1 day o CITY OF YAKIMA By: %,'"),ary, Richard A. Zais City Manager , 1990. COUNT � YAKI By: Chairman, Board County Commissi 1 110o rf Yakima •ners APPROVED as to Form: By Deputy Proselcuting Attorney PROFESSIONAL SERVICES CONTRACT FOR EXAMINER PRO TEM (083090) Page 5 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 EXECUTED this day of , 1990. HEARING"-EXA[INER PRO TEM By PROFESSIONAL SERVICES CONTRACT FOR EXAMINER PRO TEM (083090) Page 6 ald P. Whitaker HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706