HomeMy WebLinkAboutDaniel F Kathren - Hearings Officer Agreement HEARINGS OFFICER AGREEMENT
This agreement is made between the City of Pasco, a Washington Municipal Corporation
(City), and Daniel F. Kathren, (Hearings Officer).
1. Term and Termination. This Agreement will become effective on full
execution hereof, and will continue until terminated. Either party may terminate this
agreement on 15 days advance written notice to the other party by certified mail or
personal delivery.
2. Services. The City hereby contracts with the Hearings Officer to conduct
hearings on City motor vehicle impound hearings as set forth below, and appeals of the
determination of the poundmaster regarding potentially dangerous and dangerous
animals
(a) The hearings will be conducted, and all decisions will be rendered in
compliance with applicable provisions of the Pasco Municipal Code, and with all written
and oral directives issued by the City.
(b) The Hearings Officer will adequately prepare for all hearings prior to each
hearing day.
(c) The Hearings Officer will be available to confer with City staff at all
reasonable times concerning his services under this agreement.
(d) The Hearings Officer will perform services required under this agreement to
the best of ability, experience, and talent.
(e) The Hearings Officer will not enter into any agreements or commitments on
behalf of the City without the prior written consent of the City.
(f) The Hearings Officer will keep proper records pertaining to each hearing and
will forward the records to the City at the earliest opportunity.
(g) All services will be performed at the Pasco City Hall or at such other place
designated by the City, and on the days and at the times designated by the City.
3. Compensation. The Hearings Officer will be paid $ 100.00 per hour for
services performed under this agreement, with a two (2) hour minimum for each day
hearings are conducted by the Hearings Officer.
4. Scheduling. Hearings for both motor vehicle impounds and appeals of the
determination of the poundmaster regarding, potentially dangerous and dangerous
animals to be scheduled for the same day and time of the week as agreed to by all parties;
payment shall occur at the rate of a 2 hour minimum applied to all hearings jointly.
Hearings Officer Agreement
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5. Payment. The Hearings Officer will submit an itemized statement setting
forth the time spent and services performed. The City will pay the amount due within 20
days of receipt of the statement.
6. Independent Contractor. The Hearings Officer is an independent contractor
in the performance of services under this agreement and will be responsible for payment
of all federal, state and local taxes arising out of said services under this agreement.
7. Confidential Information. All information received by the Hearings officer
under this agreement will be treated in full confidence and will not be revealed to any
third parties.
S. Default. The Hearings Officer will be in default of this agreement if failure to
fulfill any obligation hereof. In the event of a default, this agreement may be
immediately terminated by the City, and the City reserves any other remedy available to
it.
9. Entire Agreement. This agreement contains the entire agreement between
the parties, and supersedes all other prior agreements between the parties.
10. Modification. No modification of this agreement will be valid unless set out
in writing and signed by both parties.
11. Time of the Essence. For the purposes of this agreement, time is of the
essence. Should any dispute arise concerning the enforcement, breach or interpretation of
this agreement, said dispute shall be resolved by Arbitration pursuant to RCW 7.04A and
the Rules of Mandatory Arbitration with venue placed in Franklin County, Washington,
and the laws of State of Washington will apply.
City:
2008
Gary C chfield, City ana r
Appro To Form:
...T 'zz. , 2008
Leland B. Kerr, City Attorney
Hearings Officer:
2008
Daniel F. Kathren,7VTtomey at Law
Hearings Officer Agreement
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