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HomeMy WebLinkAbout4651 RESOLUTION NO. 4 6 51 A RESOLUTION OF THE GITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND .CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND PHIL A. OLBRECHTS AND OLBRECHTS AND ' ASSOCIATES; PLLC FOR HEARING EXAMINER SERVICES WHEREAS, Auburn City Code (ACC) Section 18.66.030 provides for the creation of the Office of the Hearing Examiner; and WHEREAS, ACC Section 18.66.040, provides for the Mayor's appoinfinent of the Hearing Examiner subject to confirmation by the Auburn City Council; and. WHEREAS, from time to time it is desirable and appropriate to solicit . qualifcations from interested parties to serve as the`City's Hearing Examiner; and , . WHEREAS, within the past few years, the City of Auburn did make a Request for Proposals for Hearing Examiner senrices, and out of that process,, the City selected Phil A. Olbrechts of Ogden Murphy Wallace, PLLC as hearing examiner for the City; and WHEREAS, based on a change in the relationship befinreen Phil A. Olbrechts and Ogden Murphy Wallace, PLLC, and the City's interest in contihuing to use the services of Phil A. Olbrechts as Hearing Examiner, it is Resolution No. 4651 October 4, 2010 ` - Page 1 of 3 1 I appropriate to have a new Agreement approved with Phil A. Olbrechts and his firm, Olbrechts and Associates, PLLC for Hearing Examiner services. - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: . Section 1. The Mayor of the City of Aubum and the Aubum City Clerk are hereby authorized to execute an Agreement befween the City of Auburn and Phil A. Olbrechts and Olbrechts and Associates, PLLC for Hearing Examiner Services, which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including terminating the prior Agreement with Ogden Murphy . Wallace, PLLC in light of .the new Agreement with Phil A. Olbrechts and Olbrechts and Associates, PLLC for Hearing Examiner senrices. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. I Resolution No. 4651 October 4, 2010 Page 2 of 3 Dated and Signed this ~ day of 2010. ~ CITY OF AUBURN , ~ ~ PET R B. LEWIS ~ MAYOR ATi'EST: ~ Danielle E. Daskam,,City Clerk APPROVED AS TO_ FORM: : Daniel B; Hei, City Attomey Resolution Na 4651 October 4, 2010 Page 3 of 3 AGREEMENT FOR PERSONAL SERVICES RELATED TO THE POSITION OF ' HEARING EXAMINER FOR THE CITY OF AUBURN: AIV- AGREEMENT between the City of Auburn, hereinafter referred to as "Auburn," and Phil A. Olbrechts and Olbrechts and Associates, P:L.L.C., hereinafter referred to as ' "Contractor"; NOW, THEREFORE, in consideration of the mutual promises and covenants herein. ma.de, each party agrees as follows: I. The Contractor, agrees to perform the following professional services for Aubum: (1) To act in the capacity of Hearing Examiner, for Auburn; , (2) To hear, and act as _authorized by the_Auburn City Oode, hearings related to land use permitting actions, genera.lly once per month or more/less frequently as determined necessary by Auburn. As the Hearing Examiner, the Contractor shall receive and examine all admissible evidence regarding cases to be heard; perform on-site inspections of properties; conduct public hearings; and submit written Findings, Conclusions, Recommendations, and Decisions within the time limits and as specified by the Auburn City Code; (3) To conduct other public hearings not related to land use or code enforcement actions; as provided for in Aubum City Code; (4) To meet with the Auburn -City Council or subcommittee thereof, as requested by the Council, to discuss matters pertinent to the conduct and practices of the Hearing Examiner; and (5) To meet with the Aubum staff, or review material provided, and discuss or comment on matters pertinent to the • Aubum land use permit process, requirements or enforcement, as requested by the Director of the City of Aubum Planning & Development Department as consistent with the appearance of fairness doctrine; . conflicts of interest, . professional responsibility and other applicable law. , II.. In order to appropriately accomplish the duties : specified in Section I above, it is agreed the Contractor at his own expense sha11 do and_provide: the following: (1) Office and office equipment : (2) Insurance to cover errors and orriissions and liability in the amounts of $1,000,000.00 and $1,000,000.00 respectively, and naming the City of Aubum as insured; . Hearing Examiner Contract = 1 . ~ (3) An electronic :copy, as PDF/Adobe Acrobat documents or in ariother suitable format and at least two original reports of Findings;`Conclusio_ns - and. Decisions or Recommendations for each hearing by delivering the same to the Aubum Planning & Development Department within the time constraints imposed by law; and - (4) Provide a written summary of testimony received at each hearing, ascribed to the individual providing said testimony. III. _ . Auburn shall provide the following: (1) Written staff reports to the Hearing Examiner. both electronic and hard . copies, as well as, maps and sueh other exhibits as required; shall be . responsible for the scheduling of all the heazings for the Hearing Examiner; shall provide notice of hearings and decisions as required by . law; shall make all the ' required copies of said decisions and correspondence, and maiT to a11 -pa.rties of record; shall keep and maintain all `official files and records , of the hearings; and do all other tasks necessary to administratively process said materials; and (2) Auburn shall furnish a hearing room and recording equipment; shall . schedule all necessary meetings before the Auburn City Council or subcommittee thereof; shall provide an amplification - system when necessary; and shall provide 'a staff person who shall be present at Hearirigs to operate the recording equipment, accept additional exhibits submitted at the hearing, and assist in the orderly conduct of the hearing. Aubum shall also prepare a formal list of exhibits received prior to the hearing for the final written Hearing Examiner decision or recommendation. IV. Payment for services shall be as follows: (1) Aubum agrees to pay Contractor on an hourly basis at the rate of ONE HLTNDRED `FORTY DOLLARS ($140.00) per hour. T'he Contractor shall charge a flat one hour for travel time. Subsequent changes to the hourly rate schedule shall be negotiated between the parties at least 45 days prior to the end of each calendar year; (2) Auburn agrees to pay for mileage at the current rate allowed by the Internal Revenue Service and to pay for the direct cost of related administrative expenses, including long distance telephone calls and copy charges; Hearing Examiner Contract - 2 (3) Phil Olbrechts shall be the lead attorney from Contractor to provide Hearing Examiner services and shall be responsible for supervising a11 others who provide service through Contractor under this Agreement. In case Phil Olbrechts cannot conduct a hearing due to reasona.ble cause, he may designate another attorney from Contractor to conduct the,hearing, which designation shall be subjeet to the approval of Auburn. Phil Olbrechts may also assign the writing of decisions on an as needed basis to other attorneys from Contractor: He may also employ the services of other independent contractors to write decisions provided that Contractor shall be fully responsible for the content of Contractor's decisions, supervision of the Contra.ctor, and invoicing and (1) Contractor sha11 add on no more than 10% in administra.tive fees to costs of independent writer plus applicable taxes; and (2) costs of independent, writer including the " fees and taxes set forth above shall not exceed 750W of ttie hou"rly rate of Contractor. The intent of using independent writers is .to substantially reduce the cost of Hearing Examiner services to the City of Auburn. Auburn may direct Contractor to reduce or cease the use of independent writers at any time if cost savings aze not accomplished or for any reason Auburn deems 'appropriate; and - (4) Contractor shall invoice to Auburn on a monthly basis to be received by the City of Aubum no later than 7th day of the month a statement that details charges for each individual case considered. Payment by Auburn for services rendered shall be made in the normal course on the next available voucher processing run. V. Contra.ctor sha11 furnish services as an independent contractor and nothing herein shall be construed to create a relationship of employer-employee between the Contractor or his staff and Auburn. Similarly, the relationship of the Contractor to the Hearing Examiner is that of independent contractor. All payments made hereunder and all services performed sha11 be made and performed pursuant to this contract, by the Contractor as an independent contractor. VI. This agreement may be terminated by either party upon 30 days written notice without cause. Auburn may immediately remove the Contractor for cause. The Examiner shall immediately notify Auburn of any change in professional sta.tus. VII. \ The term of this agreement shall begin on the 1" day of November, 2010, and -shall continue in full force and effect for one year. After one year, the agreement shall remain in effect on a month-to-month basis until ternunated under, the provisions of Section VI above, unless a longer extension of time is agreed upon between both parties. Hearing Examiner Contract - 3 , . ' . _ . This agreement may be amended at any time after the initial one year term, subject to the mutual agreement of both parties. DATED this./~ day of 2010. ~ ~ Olbrechts and Associates, P.L.L.C., by Phil A. Olbrechts City of Au urn, by Peter B. Lewis, Mayor ' . Hearing Examiner Contract - 4