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PERSONAL SERVICES CONTRACT <br /> (LAND USE—CODE ENFORCEMENT HEARING EXAMINER PRO TEM) <br /> THIS CONTRACT, entered into the day of November, 2007, by and between the City of <br /> Everett, a municipal corporation under the laws of the State of Washington, hereinafter referred <br /> to as the "City" and Toweill Rice Taylor, hereinafter referred to as the "Hearing Examiner Pro <br /> Tern." <br /> WHEREAS, it is in the best interest of the City and its citizens to provide a land use regulatory <br /> hearing system and an administrative civil code compliance enforcement system to fairly <br /> implement and enforce land use regulations and other city codes; and <br /> WHEREAS, the City has passed Ordinance No. 692-80 (as amended) creating the Land Use <br /> Hearing Examiner Office and Ordinance No. 1383-87 (as amended) creating the City's Code <br /> Compliance Enforcement System; and <br /> WHEREAS, the City has inadequate staff to conduct the business of Land Use Hearing <br /> Examiner and Violations Hearing Examiner; and <br /> WHEREAS,the Hearing Examiner Pro Tern has expertise and experience to perform the tasks <br /> as assigned herein; <br /> NOW, THEREFORE,the City and the Hearing Examiner Pro Tem mutually agree as follows: <br /> 1. The Hearing Examiner Pro Tern shall receive and examine available information, conduct <br /> hearings, prepare a record thereof, enter findings of fact and conclusions based on these <br /> facts and enter decisions and recommendations, all as specified in Ordinance No. 692-80 <br /> (as amended), conduct hearings and make decisions which can be incorporated into <br /> findings of fact, conclusions of law and orders as provided in Ordinance No. 1383-87 (as <br /> amended), and conduct such hearings and make decisions as otherwise required by City <br /> ordinance(s). <br /> 2. It is hereby agreed by and between the parties hereto that this Contract shall not <br /> constitute nor create an employer-employee relationship and the Hearing Examiner Pro <br /> Tern shall not acquire as a result of this Contract, unless specifically stated, and <br /> "employee benefits" which may now or hereafter be established by the City of Everett for <br /> its employees, either by ordinance, practice or otherwise, including but not limited to <br /> annual vacation leave, sick leave, health and accident insurance coverage, or retirement <br /> benefits. <br /> 5 <br />