HomeMy WebLinkAbout4159RESOLUTION N0.4 1 5 9
A RESOLUTION OF THE CITY 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 OGDEN MURPHY
WALLACE, 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
appointment 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
qualifications from interested parties to serve as the City's Hearing Examiner;
and
WHEREAS, a Request of Proposal for Hearing Examiner services was
issued and a selection process was completed.
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 Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
Resolution No. 4159
January 30, 2007
Page 1 of 2
and Phil A. Olbrechts and Ogden Murphy Wallace, 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.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this ~~'~ day of T'-e ~r~~V~\ , 2007.
C AU
__._._.~
~ ____~_
PETER B. LEWIS
MAYOR
ATTEST:
Da 'elle E. Daskam, City Clerk
Resolution No. 4159
January 30, 2007
Page 2 of 2
AGREEMENT FOR PERSONAL SERVICES RELATED TO THE POSITION OF
HEARING EXAMINER FOR THE CITY OF AUBURN
AN AGREEMENT between the City of Auburn, hereinafter referred to as "Auburn," and
Phil A. Olbrechts and Ogden Murphy Wallace, P.L.L.C., hereinafter referred to as
"Contractor";
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
made, each party agrees as follows:
I.
The Contractor agrees to perform the following professional services for the Auburn:
(1) To act in the capacity of Hearing Examiner for Auburn;
(2) To hear, and act as authorized by the Auburn City Code, hearings related to
land use permitting actions, generally 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 Auburn City Code;
(4) To meet with the Auburn City Council, as requested by the Council, to discuss
matters pertinent to the conduct and practices of the Hearing Examiner.
(5) To meet with the Auburn staff, or review material provided, and discuss or
comment on matters pertinent to the Auburn land use permit process,
requirements or enforcement, as requested by the Director of the City of
Auburn Department of Planning, Building, & Community Development 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 shall do and provide the following:
(1) Office and office equipment,
(2) Insurance to cover professional liability in the minimum amount of ten
million dollars ($10,000,000.00) and naming the City of Auburn as
insured; and
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Hearing Examiner Contract - 1
(3) An electronic copy in Microsoft Word format and at least two original
reports of Findings, Conclusions and Decisions or Recommendations for
each hearing by delivering the same to the Auburn Department of
Planning, Building, & Community Development within the time
constraints imposed by law.
(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 such other exhibits as required; shall be
responsible for the scheduling of all the hearings 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 mail to all parties 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.
(2) Auburn shall furnish a hearing room and recording equipment; shall
schedule all necessary meetings before the Auburn City Council; shall
provide an amplification system when necessary; and shall provide a staff
person who shall be present at hearings to operate the recording
equipment, accept additional exhibits submitted at the hearing, and assist
in the orderly conduct of the hearing. Auburn 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) Auburn agrees to pay Contractor on an hourly basis at the rate of ONE
HITNDRED FORTY DOLLARS ($140.00) per hour. The 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.
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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 all
others who provide service through Contractor under this Agreement. In
case Phil Olbrechts cannot conduct a hearing due to reasonable cause, he
may designate another attorney from Contractor to conduct the hearing,
which designation shall be subject 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 Contractor, and invoicing and (1) Contractor shall add
on no more than 10°Io in administrative 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 75% of the hourly 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 are not accomplished or for any reason
Auburn deems appropriate.
(4) Contractor shall invoice to Auburn on a monthly basis a statement that
details charges for each individual case considered. Payment by Auburn
for services rendered shall occur within 30 days of receipt.
V.
Contractor shall 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 shall 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 status.
VII.
The term of this agreement shall begin on March 1, 2007, 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 terminated under the provisions of Section VI above,
unless an longer extension of time is agreed upon between both parties.
This agreement may be amended at any time after the initial one year term, subject to
the mutual agreement of both parties.
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Hearing Examiner Contract - 3
~. _
DATED this ~ ` day of ~ -~~~~ , 2007.
Ogden Murphy Wallace, P.L.L.C., by
Phil A. Olbrechts
City of Auburn, by
Peter B. Lewis, Mayor
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Hearing Examiner Contract - 4