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2 <br /> AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT FOR LAND <br /> USE—CODE ENFORCEMENT HEARING EXAMINER PRO TEM <br /> THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES <br /> CONTRACT FOR LAND USE—CODE ENFORCEMENT HEARING <br /> EXAMINER PRO TEM(the"Amendment") made and entered into this day of <br /> January, 2009, by and between the City of Everett(the"City") and Toweill Rice Taylor <br /> (the"Hearing Examiner Pro Tem"). <br /> WHEREAS, the City and the Hearing Examiner Pro Tem entered into a <br /> Professional Services Contract dated November 14, 2008 (the"Contract"); and <br /> WHEREAS, the Everett Municipal Code Section 2.23.040 provides that the <br /> reappointment of a Hearing Examiner Pro Tem will be for terms of four years after their <br /> initial term; and <br /> WHEREAS, the City and Hearing Examiner Pro Tern desire to amend the <br /> Contract as set forth in this Amendment; <br /> NOW, THEREFORE, the parties herein do mutually agree as follows: <br /> A. Section 4 of the Contract is hereby deleted and replaced with the following: <br /> 4. The services of the Hearing Examiner Pro Tem pursuant to this <br /> Contract are to commence on February 1, 2009, and expire four(4) <br /> years following this date. <br /> B. Section 6 of the Contract is hereby deleted and replaced with the following: <br /> 6. Compensation for the Hearing Examiner Pro Tern for the services <br /> pursuant to this Contract shall be at the rate of one hundred and twenty <br /> dollars ($120) per hour not to exceed $10,000 per year. The Hearing <br /> Examiner Pro Tern shall be reimbursed for long distance telephone <br /> calls which they make to the City for the purpose of carrying out their <br /> duties as Hearing Examiner Pro Tem up to a maximum of twenty-five <br /> dollars ($25) per month. Documented proof of such calls must be <br /> provided prior to payment. <br /> 1 <br />