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Home My WebLink About000943 Original Contract City of Port Angeles Record # 000943 PROFESSIONAL SERVICES CONTRACT between CITY OF PORT ANGELES and LAUREN ERICKSON This contract is entered into between the City of Port Angeles, a municipal corporation of the State of Washington (hereinafter referred to as the City), and Loren Erickson (hereinafter referred to as the Interim Hearing Examiner. In consideration of the covenants and promises set forth herein, the parties hereto agree as follows: 1. Purpose and Scope of Services. The Interim Hearing Examiner conducts administrative and quasi-judicial hearings on appeals of departmental decisions and a variety of land use permits requested within the City of Port Angeles pursuant to City of Port Angeles Ordinance number 3536. Public hearings and appeal hearings are scheduled on an as-needed basis. Hearings are normally held in the City Council Chambers at the Port Angeles City hall located at 321 E Fifth Street in Port Angeles, Washington. The Interim Hearing Examiner determines whether a site visit is needed for each application, following a review of all the information submitted. Specific responsibilities include,but are not limited to: a. Holding public hearings and issuing decisions in accordance with applicable land use laws and regulations, City Ordinances, and Administrative Policies. b. Holding public hearings and issuing decisions on appeals of interpretations of the International Building, Mechanical, Plumbing and Fire codes. c. Issuing a written decision within 10 working days of the close of the record for each hearing. The Interim Hearing Examiner is also required to respond to all requests for reconsideration. d. Identifying all Conflict of Interest issues will be the sole responsibility of the Interim Hearing Examiner, who shall immediately notify the Department of Community and Economic Development and the City Manager in writing when a conflict determination has been made so that another Hearing Examiner can be appointed in a timely manner. In performing services under this Contract, the Interim Hearing Examiner- shall perform in accordance with generally accepted professional practices. 1 2, Duration of Co The term of contract n upon signature by both parties hereto and shall terminate Either party, upon ten (10) days' notice to the other party, may terminate this Contract in whole or in part when either party deems it to be in their best interest. In such even! Interim Hearing Examiner shall be compensated, and the City shall be liable only for payment of services already rendered under this Contract prior to effective date of tennination. c. Invoices not paid within thirty (30) days shall accrue interest at a rate of ten percent (10%) annum. If any invoice remains unpaid for more than sixty (60) days, Interim Hearing Examiner man consistent with their ethical obligations, cease performing legal services for the City until satisfactory arrangements are made to pay Interim Hearing Examiner. d. If the City objects to all or any portion of any invoice, it shall notify Interim Hearing Examiner of the same within thirty (30) days from the date of receipt of said invoice and shall pay that portion of the invoice not in dispute. The parties shall immediately make every effort to settle the dispute and the disputed portion ofthe invoice. 4.BEEecs!!@. Interim Hearing Examiner shall act as an independent contractor and not as an employee, agent, or officer of the City. The Interim Hearing Examiner shall not be authorized to bind the City to any position, contract, or agreement. Interim Hearing Examiner shall assume full responsibility of all federal, state, and local taxes and contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax withholding and shall not be entitled to the benefits provided by the City to its employees- Interim Hearing Examiner shall not assign or delegate any of the work covered by this Conkact without the express written consent of the City. The City shall not assign this Contact or any 3, Compensrtion & Pavment. a. Comoensation- The Interim Hearing Examiner shall be compensated on a hourly rate of $120.00 per hour. The maximum compensation per this Contract is $5000. The City does not guarantee any number of hearings or any amount of compensation. b. Payment. Interim Hearing Examiner shall submit invoices to the City monthly, with documentation supporting and detailing work performed on behalf of the City. The City shall review Interim Hearing Examiner's invoices and pay the invoice within 30 days ofreceipt. 5. Assiqnment. portion thereof to any other person or entity without the express written consent of the Interim Hearing Examiner. Nothing contained in this Contract shall be construed to create a right in any third party whomsoever, and nothing herein shall inure to the benefit of any third party. 6. Waiver. No officer, employee, agent or otherwise of the City has the power, right, or authority to waive any of the conditions or provisions of this contract. No waiver of any breach of this Contract shall be held to be a waiver of any other or subsequent breach. All remedies afforded to in this contract or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of the City to enforce at any time any of the provisions of this contract or to require at any time performance of any provision of the contract herein shall in no way be construed to be a waiver of such provision, or in any way affect the validity of this contract or any part thereof, or the right of the City to hereinafter enforce each and every such provision. 7. Indemnification /Hold Harmless The Hearing Examiner shall protect, defend, indemnify and save harmless the City, its officers, employees and agents from any and all costs, claims,judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Hearing Examiner, its officers, employees and agents in performing this Contract. The City shall protect, defend, indemnify and save harmless Hearing Examiner, its officers, employees and agents from any and all costs, claims,judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of City, its officers, employees or agents in performing this Contract. The Examiner does not assume liability or responsibility for, or in anyway release the City from liability or responsibility that arises, in whole or in part, from the existence or effect of the City's ordinances, code,policies, rules or regulations. If any cause, claim or action of any kind is commenced in which the enforceability and/or validity of any City ordinance, code, policy or regulation, including its constitutionality, is at issue, the City shall defend the same at its sole cost and expense, and if judgment is entered, or damages are awarded against the Hearing Examiner, or the Hearing Examiner and City jointly, the City shall promptly satisfy the same. 8. Industrial Insurance Waiver. With respect to the performance of this Contract and as to claims against the City, its appointed and elected officers, agents and employees, the Interim Hearing Examiner expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, for injuries to its employees and agrees that the obligations to 3 indemnify, defend and hold harmless provided in this Contract extend to any claim brought by or on behalf of any employee of the Interim Hearing Examiner. Along with the other provisions of this Contract, this waiver is mutually negotiated by the parties to this Contract. 9. Venue and Choice of Law. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Contract, the venue of such action shall be in the courts of the State of Washington in and for the County of Clallam. This Contract shall be governed by the law of the State of Washington. IN WITNESS WHEREOF, the parties hereto have executed this contract the date and year indicated below. Date: cc�°t4 ; 1 -�— Date: ° CITY OF PORT ANGELES INTE M H�ARI G XAMINER By ByI; Dan McKeen, City Manager I ` 'Lauren Erickson ATTEST: APPROVED AS TO FORM: V ennifer eneklasen, City Clerk William E. Bloor, City Attorney 4 3