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Home My WebLink AboutR-1994-149 Professional Services Contract• • RESOLUTION NO. R-94 - \y°1 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. Iamb as the Yakima Urban Area 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 Yakima Urban Area 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 Yakima Urban Area Hearing Examiner for an additional four years, according to the terms and conditions of the attached proposed Professional Services Contract for Yakima Urban Area Hearing Examiner; and WHEREAS, on November 8, 1994, the Board of Yakima County Commissioners approved the attached proposed Professional Services Contract for Yakima Urban Area 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 Yakima Urban Area Hearing Examiner for an additional four years, according to the terms and conditions of the attached proposed Professional Services Contract for Yakima Urban Area 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 Yakima Urban Area Hearing Examiner ADOPTED BY THE CITY COUNCIL this\ --\- day of X\--r`Nw.Q-v , 1994 ( e r--4 ATTEST 'Mayor vvv c_ City Clerk lap\contracts (& resolutions)\hearing examiner k\res 11/10/94 119 PM PROFESSIONAL SERVICES CONTRACT FOR YAKIMA URBAN AREA HEARING EXAMINER PARTIES: The parties to this contract are the CITY OF YAKIMA, 129 North Second Street, Yakima, Washington, 98902 ("City" herein), the COUNTY OF YAKIMA, Yakima County Courthouse, Yakima, Washington, 98902 ("County" herein), and PHILIP A. LAMB, P. O. Box 4, Yakima, Washington, 98907 ("Lamb" or "Examiner" 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, Lamb has served as Hearing Examiner 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, 1994. 4. The Joint Hearing Examiner Committee has recommended to the City Council and the County Board of Commissioners the continuation of Philip A. Lamb as Hearing Examiner for another four-year term, commencing January 1, 1995, and terminating December 31, 1998. PROFESSIONAL SERVICES CONTRACT (11/2/94) 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 Lamb, and Lamb agrees to serve, as Hearing Examiner for the purposes set forth in the above ordinances. The City Council of the City of Yakima at its meeting of November 15, 1994, authorized the City Manager to sign this contract for professional services. The Board of Yakima County Commissioners at its meeting of November 8, 1994, authorized the Chairman of the Board of County Commissioners to sign this contract for professional services. 2. Character and Extent of Services. The Examiner 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 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. 2.5 Additional Duties. The Examiner shall be responsible for assigning all cases in the event a Pro Tem is utilized, and shall coordinate with any Pro Tems in order to insure consistency of analysis and decisionmaking. This coordination shall include access to the existing files maintained by the Examiner. 3. Liaison. The Director of Community and Economic Development, or his representative, shall serve as the City's liaison with the Examiner. The County Planning Director, or his representative, shall serve as the County's liaison with the Examiner. 4. Independent Contract. The relationship of the Examiner to the City and County 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 or the County, except as authorized by the above-described ordinances, and nothing contained herein shall be deemed to create PROFESSIONAL SERVICES CONTRACT (11/2/94) Page 2 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 the relationship of employer and employee or principal and agent between the City/County and the Examiner. 5. Professional Fees. The Examiner shall be paid by the City and County for professional services rendered under this contract at the rate of One Hundred Ten Dollars ($110.00) per hour, subject to a minimum of Two Thousand and no/100 Dollars ($2,000.00) per month, plus reimbursement for direct non -salary expenses such as out-of-town travel and training costs authorized by the City, 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/County shall provide at their expense hearing examiner stationery and reproduction services. In the event the services rendered in one month are insufficient to earn the monthly minimum of Two Thousand and no/100 Dollars ($2,000.00), 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 Twenty-four Thousand and no/100 Dollars ($24,000.00). 6. Itemized Statements. By the 10th day of each month, the Examiner will provide duplicate 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 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. Time required for filing opinions will also be reflected. 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 PROFESSIONAL SERVICES CONTRACT (11/2/94) Page 3 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 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. 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 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, including the Examiner's decision or recommendation, is the property of the City/County. The Examiner's work product, consisting of notes, research, and preliminary drafts, is the property of the Examiner. 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 contract Examiner 11. personal property identified above. The Examiner may terminate this for cause, or without cause upon giving the Joint Hearing Committee ninety (90) days' written notice. No Personal Liability. The Examiner is relieved from any liability whatsoever from any injury to persons or 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 County/City shall defend and provide legal representation of the Examiner until final disposition of the proceedings. The County/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. PROFESSIONAL SERVICES CONTRACT (11/2/94) Page 4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 12. Non -assignment. This contract is personal to the Examiner and is not assignable by the Examiner 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 shall take appropriate steps to assure compliance. 15. 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 subject of a proceeding before the Examiner which would conflict in any manner or degree with the performance of his services hereunder. 16. Term. This contract shall commence January 1, 1995, and terminate December 31, 1998. It shall run on an annual basis from January to December, for budgeting purposes for the City and the County. EXECUTED this" day of�v(-.-C , 1994. ATTEST: By : ) City Clerk City Contract No. Resolution No. \`�C CITY OF YAKIMA By: N.,_ Richard A. Zai's City Manager PROFESSIONAL SERVICES CONTRACT (11/2/94) Page 5 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 EXECUTED this p day of Nit vz-m ev , 1994. ATTEST: COUNTY OF YAK By: Chairman,/:oard of Yakima County Commissioners APPROVE—D' a-s—to-Form: By: / r Deputy-Trosecuting Attorney EXECUTED this R day of !IVe..:. lyc, , 1994. HEARING EXAMINER By: Philip A. Lamb PROFESSIONAL SERVICES CONTRACT (11/2/94) Page 6 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706