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HomeMy WebLinkAboutContract ..► CAG-11-082 AGREEMENT FOR SERVICES nc, This agreement is being entered into this S day ofl . 2011, by and between the City of Renton, a municipal corporation hereinafter referred to as City, and PhilO/brechts, hereinafter referred to as the Hearing Examiner pro tem, in consideration of the mutual benefits, terms and conditions hereinafter specified. 1) Term. The term of this Agreement shall be for one year from the date the Agreement is signed, subject to the Termination section. 2) Services. The Hearing Examiner pro tem agrees to provide the following services for the City of Renton. a) Perform a variety of administrative and quasi-judicial duties related to matters ranging from land use and environmental cases to appeals of various City departments' determinations; conduct open public hearings to assure due process in an impartial, objective and timely manner; and render decisions and recommendations to the City. b) Conduct quasi-judicial and administrative hearings, applying relevant federal, State or local standards and decisional law; receive, consider and examine testimony and exhibits related to matters heard; prepare a case record and enter findings, conclusions, decisions and recommendations to the City. c) Hear, recommend or decide various land use issues as provided for by City ordinances; assure compliance with City, State and federal environmental regulations; consider statutory requirements and philosophical guidelines in determining the appropriate size, scale and design of development projects. d) Conduct hearings of appeals for vehicles impounded as provided for by City ordinances. e) Conduct, subject to court appeal, forfeiture hearings of property involving controlled substances. f) Analyze technical drawings and development plans and approve development permits in keeping with land use laws, regulations and policies. g) Prepare the Hearing Examiner Report as mandated by ordinance; render decisions in writing that are clear, complete and internally consistent, factually accurate and legally sufficient, and provide to the City for distribution to parties of record and interested parties. 3) Conflict of Interest. The Hearing Examiner pro tem agrees to disqualify himself or herself as to any application regarding which the Hearing Examiner pro tem has had substantial pre- hearing contact with proponents or opponents; regarding which the Examiner has a personal financial interest or other appearance of fairness conflict. The Hearing Examiner pro tem further agrees that neither he nor any firm of which he is a principal, officer, or Page 1 err' employee shall offer new consultation services or other new professional assistance related to land use activities in the City of Renton which may result in applications for review under the provisions of city codes within the Hearing Examiner pro tem-'s decision making authority during the duration of this Agreement, or for a period of six (6) months following termination thereafter. The Hearing Examiner pro tem will endeavor to give the City as much advance notice of a possible conflict to hear any item so that the item can be assigned to another pro tem hearing examiner. 4) Procedures and Exhibits. The Hearing Examiner pro tem agrees to adopt and communicate to parties a set of procedures for the conduct of hearings. During the course of the conduct of hearings, the Hearing Examiner pro tem shall mark and record all exhibits accepted into the record, with the case, number or letter of the exhibit. All such exhibits will be entrusted to the City after the Hearing Examiner pro tem has rendered his final decision on the matter. 5) Facilities and Administrative Support. The City will provide facilities for the conduct of hearings, including a hearing room and recording equipment. The City will also provide staff support at the hearing to record proceedings. The staff support includes carrying out all public notice requirements of the City code. 6) Recesses and Continuances.The Hearing Examiner pro tem agrees to set all recessed or continued hearings to a time certain whenever possible. The Hearing Examiner pro tem will coordinate such rescheduling with the City to ensure that adequate facilities will be available. 7) Compensation. The City will pay the Hearing Examiner pro tem at the rate of$145 per hour for services provided, not including travel time to and from the City. Payment will be for time actually devoted to rendering services under this agreement, for hearings assigned, and time necessary for hearing and decision preparation. This compensation rate may be adjusted annually by the City. The Hearing Examiner pro tem shall keep accurate time records and shall provide such records for review by the City as requested. Invoices documenting hours spent for services rendered may be submitted monthly to the City's Assistant Chief Administrative Officer for payment. 8) Insurance.The City requires the Hearing Examiner pro tem to carry automobile insurance of $500,000 per occurrence and furnish proof of insurance to the City. The City will request a copy of the drivirl r2C4,ad GbSfraO- 1�&w 4e- -Alt) 9) Indemnification.The Hearing Examiner pro tem shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from legal malpractice, civil rights violations, injury or death to persons, including injuries, sickness, disease or death to Hearing Examiner pro tem's own employees, or damage to property occasioned by a negligent act, omission or failure of Hearing Examiner pro tem. Page 2 Except in cases where the City elects to appeal or challenge an action or decision of the Hearing Examiner pro tem, the City will actively represent the Hearing Examiner pro tem and defend any and all legal challenges to or appeals of any action taken and/or decision rendered by the Hearing Examiner pro tem when acting within the scope of the quasi- judicial duties called for by this agreement, to the same extent as it would for any other City quasi-judicial decision maker. The costs of such legal representation shall not be charged to the Hearing Examiner pro tem as long as the action taken and/or decision rendered is within the scope of the quasi-judicial duties called for in this agreement. The City reserves the right to settle any such appeal or legal challenge to any such action or decision in any manner deemed appropriate by the City with or without consulting with or obtaining the consent of the Hearing Examiner pro tem. In the event that any action taken and/or decision rendered is determined to be outside the scope of the Hearing Examiner pro tem's quasi-judicial duties, the City shall have no obligation to represent or defend the Hearing Examiner pro tem or any action taken and/or decision rendered, and the Hearing Examiner pro tem's indemnity obligations set forth in this agreement shall apply. 10)Compliance with Laws. Hearing Examiner pro tem shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this agreement. 11) Discrimination Prohibited. The Hearing Examiner pro tem, with regard to work performed under this agreement, will not discriminate on the grounds of race; religion/creed; national origin; ancestry; sex; the presence of a physical, sensory, or mental disability; age over 40; sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status, in accordance with City policy and as set forth in federal, state and local laws. 12) Independent Contractor. Hearing Examiner pro tem and the City agree that Hearing Examiner pro tem is an independent contractor with respect to the services provided under this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Hearing Examiner pro tem nor any of his or her employees shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement The Hearing Examiner shall be solely responsible for payment of all taxes and fees, including business license fees and social security taxes. 13) Nonexclusive Contract. Nothing herein shall constitute a guarantee to provide a minimum amount of work or a promise to supply work to the Hearing Examiner pro tem by the City. The City reserves the right to assign hearing examiner duties to other persons, either by way of agreement or employment. Page 3 14)Assignment. The Hearing Examiner pro tem shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 15) Non-Waiver. Waiver of any provision of this agreement, or any time limitation provided for in this agreement by the City shall not constitute a waiver of any other provision. 16)Termination.This Agreement shall remain in full force and effect for one calendar year with opportunity for extension by mutual agreement of the parties. This Agreement may be _ terminated without cause by either party by giving 60 days written notice of termination. CITY OF RENTON HEARING EXAMINER PRO TEM By Signature Marty Wine, Assistant CAO City of Renton Phil Olbrechts 1055 South Grady Way, 7th Floor Olbrechts and Associates Renton, WA 98057 18833 NE 74th Street (425) 430-6500 Granite Falls, WA 98252 FAX: (425) 430-6523 (Z�) 65P Telephone Number / E-mail Address FAX Number Page 4