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HomeMy WebLinkAboutKaren Koehmstedt Hearing Examiner AgreementHEARINGS EXAMINER AGREEMENT This agreement is made between the City of Pasco, a Washington Municipal Corporation (City), and Karen Koehmstedt, (Hearings Examiner). 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 o er party y certified mail or personal delivery. 2. Services. The City hereby contracts with the Hearings Examiner 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 Examiner will adequately prepare for all hearings prior to each hearing day. (c) The Hearings Examiner will be available to confer with City staff at all reasonable times concerning his services under this agreement. (d) The Hearings Examiner will perform services required under this agreement to the best of ability, experience, and talent. (e) The Hearings Examiner will not enter into any agreements or commitments on behalf of the City without the prior written consent of the City. (f) The Hearings Examiner 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 Examiner will be paid $ 75.00 per hour for services performed under this agreement, with a one (1) hour minimum for each day hearings are conducted by the Hearings Examiner. 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. 5. Payment. The Hearings Examiner 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. Hearings Examiner Agreement Page - 1 Ir 6. Independent Contractor. The Hearings Examiner 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 Examiner under this agreement will be treated in full confidence and will not be revealed to any third parties. 8. Default. The Hearings Examiner 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 the State of Washington will apply. City: Gary Crutc z `pity Manager Appro s To Form: �z Leland B. Kerr, City Attorney Hearings Examiner: Karen Koehmstedt, Attorney at Law R-0 .20 20 Hearings Examiner Agreement Page - 2 HEARINGS EXAMINER ALTERNATE AGREEMENT This agreement is made between the City of Pasco, a Washington Municipal Corporation (City), and Karen C. Koehmstedt, (Hearings Examiner Alternate). 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 Examiner Alternate 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 Examiner Alternate will adequately prepare for all hearings prior to each hearing day. (c) The Hearings Examiner Alternate will be available to confer with City staff at all reasonable times concerning his services under this agreement. (d) The Hearings Examiner Alternate will perform services required under this agreement to the best of ability, experience, and talent. (e) ` The Hearings Examiner Alternate will not enter into any agreements or commitments on behalf of the City without the prior written consent of the City. (f) The Hearings Examiner Alternate 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 Examiner Alternate 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 Examiner Alternate. 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. 5. Payment. The Hearings Examiner Alternate 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. Hearings Examiner Alternate Agreement Page - 1 6. Independent Contractor. The Hearings Examiner Alternate 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 Examiner Alternate under this agreement will be treated in full confidence and will not be revealed to any third parties. 8. Default. The Hearings Examiner Alternate 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 the State of Washington will apply. City: v —�609r Gary Manager Approv As 'Yo Form: J IL Zi '2009 Leland B. Kerr, City Attorney Hearings Examiner Alternate: /Z Ceqy , 2009 Kari C. Koehmstedt, Attorney at Laws Hearings Examiner Alternate Agreement Page - 2