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CITY <br /> PERSONAL SERVICES CONTRACT <br /> (LAND USE—CODE ENFORCEMENT HEARING EXAMINER PRO TEM) <br /> THIS CONTRACT, entered into the day of Pk A(AM , 2018, by and between <br /> the City of Everett, a municipal corporation under the laws oe State of Washington, <br /> hereinafter referred to as the "City" and Michael McCarthy, hereinafter referred to as the <br /> "Hearing Examiner Pro 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 enforcement system to fairly implement and <br /> enforce land use regulations and other City codes; and <br /> WHEREAS, the City adopted Ordinance No. 692-80 (as amended) (Chapter 2.23 EMC) <br /> creating the Lana Use Hearing Examiner Office and Ordinance No. 1383-87 (as amended) <br /> (Chapter 1.20 EMC) creating the violations hearing examiner to hear Code Enforcement matters; <br /> and <br /> WHEREAS, in accordance with 2.23.040, the Mayor must appoint, with the concurrence of four <br /> city council members, the violations and land use hearing examiner pro tern for an initial term of <br /> one year; and <br /> WHEREAS, Michael McCarthy provides hearing examiner pro tern services to several <br /> jurisdictions throughout Washington, including Tacoma, and has the expertise and experience to <br /> perform the tasks assigned herein; and <br /> WHEREAS, the City Council concurs with the Mayor's appointment of Michael McCarthy as <br /> the Hearing Examiner Pro Tern for an initial one-year term September 15, 2018; <br /> NOW,THEREFORE,the City and the Hearing Examiner Pro Tern 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 Chapter 2.23 of the <br /> Everett Municipal Code (the "EMC") as now or hereafter amended; conduct hearings and <br /> make decisions which can be incorporated into findings of fact, conclusions of law and <br /> orders as provided in Chapter 1.20 EMC; and conduct such hearings and make decisions <br /> as otherwise required by City ordinance(s). <br /> 2. This Contract neither constitutes nor creates an employer-employee relationship. The <br /> Hearing Examiner Pro Tern must provide services under this Contract as an independent <br /> contractor. The Hearing Examiner Pro Tem must comply with all federal and state laws <br /> and regulations applicable to independent contractors including, but not limited to, the <br /> requirements listed in this Section 2. The Hearing Examiner Pro Tern agrees to <br /> Hearing Examiner Pro Tern Contract 2018 1 <br />