Approve professional services agreement with Hillier, Scheibmeir, Kelly & Satterfield, P.S. for Hearing Examiner services. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 22-060
APPROVE A PROFESSIONAL SERVICES
AGREEMENT BETWEEN LEWIS COUNTY AND
HILLIER, SCHEIBMEIR, KELLY & SATTERFIELD, P.S.
FOR HEARING EXAMINER SERVICES
WHEREAS, Lewis County Code (LCC) requires the appointment by the Board of
County Commissioners (BOCC) of a Hearing Examiner to consider matters
authorized under provisions of LCC consistent with the duties and responsibilities
of the Hearing Examiner contained in Chapter 2.24 LCC; and
WHEREAS, an updated professional services agreement (Exhibit A) has been
prepared containing a scope of work, period of performance and regular monthly
compensation of $3,000 per month; and
WHEREAS, it appears to be in the public interest to approve this professional
services agreement between Lewis County and Hillier, Scheibmeir, Kelly &
Satterfield, P.S. for Hearing Examiner services at a rate of $3,000 per month
consistent with all contract terms, beginning April 1, 2022, and be completed as
agreed by March 31, 2027.
NOW THEREFORE BE IT RESOLVED that the BOCC approves a professional
services agreement with Hillier, Scheibmeir, Kelly & Satterfield, P.S. for Hearings
Examiner services at a rate of $3,000 per month consistent with all contract
terms, beginning April 1, 2022, and completed as agreed by March 31, 2027.
DONE IN OPEN SESSION this 8th day of March, 2022.
Page 1 of 2 Res. 22-060
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Lindsey R. Pollock, DVM
By: Amber Smith, Lindsey R. Pollock, DVM, Chair
Deputy Prosecuting Attorney
ATTEST: •'�°""TY"9sF;•, Sean D. Swope
, tiS 'gD OF
Sean D. Swope, Vice Chair
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•' Y COM GO:
Rieva Lester '•sy;.,,oo; F. Lee Grose
Rieva Lester, F. Lee Grose, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 22-060
PERSONAL SERVICES AGREEMENT
Between
LEWIS COUNTY
and
HILLIER,SCHEIBMEIR, & KELLY, P.S..
THIS AGREEMENT is made and entered into by and between LEWIS COUNTY, WASHINGTON,
herein referred to as "County and Hillier, Scheibmeir, & Kelly, P.S (299 N.W. Center Street,
Chehalis, WA 98532), herein referred to as "Contractor."
IT IS THE PURPOSE OF THIS AGREEMENT to contract with Hillier, Scheibmeir, & Kelly, P.S., to
perform all duties and professional services required of the Hearings Examiner of Lewis County,
Washington, as prescribed by County Ordinance.
THEREFORE, IT IS MUTUALLY AGREED THAT the following terms and conditions shall govern this
contract, including but not limited to the specific tasks, deliverables and costs set forth below:
Section 1. Statement of Work
CONTRACTOR shall furnish the necessary personnel, equipment, material and/or services and
otherwise do all things necessary for, or incidental to, the performance of the work set forth in
the Scope of Work attached hereto as Attachment "A" and fully incorporated into this
Agreement by this reference.
Section 2. Period of Performance
Subject to the express provisions of this Agreement, the period of performance of this
Agreement shall commence as of the date of execution by both parties and be completed as
agreed and shown in the attached Scope of Work (Attachment "A") by March 31, 2027, but such
period may be modified or extended by mutual agreement.
Section 3. Payment
Compensation for the work provided pursuant to this Agreement shall be as set forth in
Attachments "A" (Scope of Work) and "B" (Budget) PROVIDED, however, that the total monthly
compensation for the period of time beginning on the date this contract is fully executed and
ending March 31, 2027, shall not exceed Three Thousand Dollars ($3,000)for services and travel
without written prior approval of the COUNTY.
BILLING PROCEDURES AND PAYMENT
The COUNTY will pay CONTRACTOR upon acceptance of services provided and receipt of
properly completed invoices with backup documentation, which shall be submitted to the
Contract Manager not more often than monthly.
The invoices shall describe and document, to the COUNTY'S satisfaction, a description of the
work performed. If expenses are invoiced, CONTRACTOR shall provide a detailed breakdown of
Hillier, Scheibmeir, & Kelly, P.S.. Page 1 of 14
each type of expense. A receipt must accompany any single expenses in the amount of $50.00
or more in order to receive reimbursement.
Payment shall be considered timely if made by the COUNTY within thirty(30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
CONTRACTOR.
The COUNTY may, in its sole discretion, terminate this Contract or withhold payments claimed
by the CONTRACTOR for services rendered if the CONTRACTOR fails to satisfactorily comply with
any term or condition of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this
Contract shall be made by the COUNTY.
Section 4. Contract Management
The respective Contract Managers for the Parties shall be the contact persons for all
communications and billings regarding the performance of this Contract. Each Party shall
promptly notify the other Party of a change in the Contract Manager,which change shall
become effective upon compliance with the notice provisions of this Contract.
Contract Program Manager for
CONTRACTOR is: Contract Manager for COUNTY is:
Mark Scheibmeir Lee Napier, Director
Hillier,Scheibmeir, & Kelly, P.S.. Lewis County Community Development
299 N.W. Center Street 2025 NE Kresky Ave.
P.O. Box 939 Chehalis,WA 98532
Chehalis,WA 98532 Phone: 360.740.2606 Fax: 360.740.1245
Phone: 360.748.3386 E-mail address: lee.napier@lewiscountywa.go
E-mail address: mscheibmeir@localaccess.com
Hillier, Scheibmeir, & Kelly, P.S.. Page 2 of 14
GENERAL TERMS AND CONDITIONS
1. Scope of Contractor's Services: Hillier, Scheibmeir, & Kelly, P.S.., hereafter referred to
as the "Contractor", agrees to provide to the County the services described in the
Scope of Work attached as Attachment "A" and incorporated herein by reference,
solely on behalf of Lewis County.
2. Accounting and Payment for Contractor Services: The Contractor shall be paid for
performance under this Contract, in accordance with the schedule and details set forth
in the Compensation Schedule attached as Attachment "B" (Compensation) and
incorporated herein by reference.
3. Assignment and Subcontracting: No portion of this Contract may be assigned or
subcontracted to any other individual, firm or entity without the express and prior
written approval of the County.
4. Independent Contractor: The Contractor's services shall be furnished by the
Contractor as an independent contractor and nothing contained herein or in this
Contract shall be construed to create a relationship of employer-employee or master-
servant, but all services performed shall be performed by the Contractor as an
independent contractor.
The Contractor acknowledges that the entire compensation for any work request or
order shall be specified within said work request or order, and the Contractor, its
agents, officers, employees or subcontractors, are not entitled to any County benefits
including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental,
or other insurance benefits, or any other rights or privileges afforded to Lewis County
employees.
Contractor will defend, indemnify and hold harmless the County, its officers, agents or
employees from any loss or expense, including but not limited to settlements,
judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands
because of breach of the provisions of this paragraph by the Contractor.
5. No Guarantee of Employment: The performance of all or part of this Contract by the
Contractor shall not operate to vest any employment rights whatsoever and shall not
be deemed to guarantee any employment of the Contractor or any employee of the
Contractor or any subcontractor or any employee of any subcontractor in the present
or in the future.
6. Taxes: The Contractor understands and acknowledges that the County will not
withhold Federal or State income taxes. Where required by State or Federal law, the
Contractor authorizes the County to make withholding for any taxes other than income
taxes (i.e., Medicare). All compensation received by the Contractor will be reported to
the Internal Revenue Service (IRS) at the end of the calendar year in accordance with
applicable IRS regulations. It is the responsibility of the Contractor to make the
necessary estimated tax payments throughout the year, if any, and the Contractor is
Hillier, Scheibmeir, & Kelly, P.S.. Page 3 of 14
solely liable for any tax obligation arising from the Contractor's performance of this
Contract. The Contractor hereby agrees to indemnify the County against any demand
to pay taxes on compensation earned pursuant to this Contract.
The County will pay sales and use taxes imposed on goods or services acquired
hereunder as required by law. The Contractor must pay all other taxes including, but
not limited to: Business and Occupation Tax, taxes based on the Contractor's gross or
net income, or personal property to which the County does not hold title. The County is
exempt from Federal Excise Tax.
7. Regulations and Requirement: This Contract shall be subject to all applicable laws,
rules, and regulations of the United States of America, the State of Washington, and
political subdivisions of the State of Washington.
8. Right To Review: This Contract is subject to review by any Federal or State auditor.
The County or its designee shall have the right to review and monitor the financial and
service components of this program by whatever means are deemed expedient by the
County. Such review may occur with or without notice, and may include, but is not
limited to, on site inspection by County agents or employees, inspection of all records
or other materials which the County deems pertinent to the Contract and its
performance, and any and all communications with or evaluations by service recipients
under such Contract. When necessary, Contractor shall have an affirmative duty to
notify such service recipients of this right to review. The Contractor shall preserve and
maintain all financial records and records relating to the performance of work under
this Contract for 3 years after contract termination, and shall make them available for
such review, within Lewis County,State of Washington, upon request.
9. Modifications: Either party may request changes in this Contract. Any and all agreed
modifications shall be in writing, signed by each of the Parties, and effective on the
latter date of execution by the respective Parties.
10. Termination for Default: If the Contractor defaults by failing to perform any of the
obligations of this Contract or becomes insolvent or is declared bankrupt or commits
an act of bankruptcy or insolvency or makes an assignment for the benefit of creditors,
the County may, by depositing written notice to the Contractor in the U. S. Mail,
postage prepaid, terminate the Contract, and at the County's option obtain
performance of the work elsewhere. If the Contract is terminated for default, the
Contractor shall not be entitled to receive any further payments under the Contract
until all work called for has been fully performed. Any extra cost or damage to the
County resulting from such default(s) shall be deducted from any money due or coming
due to the Contractor. The Contractor shall bear any reasonable extra expenses
incurred by the County in completing the work, including all increased costs for
completing the work, and all damage sustained, or which may by sustained by the
County by reason of such default.
If a notice of termination for default has been issued and it is later determined for any
reason that the Contractor was not in default, the rights and obligations of the Parties
Hillier, Scheibmeir, & Kelly, P.S.. Page 4 of 14
shall be the same as if the notice of termination had been issued pursuant to the
Termination for Public Convenience paragraph hereof.
11. Termination or Suspension for Public Convenience: The County may terminate this
Contract in whole or in part whenever the County determines that such termination or
suspension is in the interests of the County. Whenever the Contract is terminated or
suspended in accordance with this paragraph, the Contractor shall be entitled to
payment for actual work performed at unit contract prices for completed items of
work. An equitable adjustment in the contract price for partially completed items of
work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination or suspension of such
Contract by the County at any time during the term, whether for default or
convenience, shall not constitute a breach of contract by the County. Lewis County
may reactivate the Contract in whole or in part following suspension upon depositing
written notice of reactivation to Contractor in the U.S. mail, said reactivation becoming
effective ten (10) days following mailing.
12. Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and
save harmless the County, its appointed and elective officers and employees, from and
against all loss or expense, including but not limited to judgments, settlements,
attorney's fees and costs by reason of any and all claims and demands upon the
County, its elected or appointed officials or employees for damages because of
personal or bodily injury, including death at any time resulting therefrom, sustained by
any person or persons and on account of damage to property including loss of use
thereof, when such injury to persons or damage to property is due to the negligence of
the Contractor, his/her subcontractors, its successor or assigns, or its or their agent,
servants, or employees. It is further provided that no liability shall attach to the County
by reason of entering into any contract, except as expressly provided herein or as
otherwise required by operation of law upon political subdivisions of the State of
Washington.
13. Industrial Insurance Waiver: N/A
14. Insurance Requirements: The contractor shall, at the Contractor's own expense,
maintain, with an insurance carrier licensed to do business in the State of Washington,
with minimum coverage as outlined below, commercial automobile liability insurance,
and either commercial general liability insurance, or, if any services required by the
contractor must be performed by persons licensed by the State of Washington,
professional liability insurance:
Commercial General Liability bodily Injury Liability and Property Damage Liability
Insurance $1,000,000 each occurrence OR combines single limit coverage of$5,000,000
with not greater than a $1,000 deductible.
Lewis County shall be named as additionally insured on all required policies except
professional liability insurance, and such insurance as is carried by the Contractor shall
be primary and non-contributory over any insurance carried by Lewis County. The
Hillier, Scheibmeir, & Kelly, P.S.. Page 5 of 14
contractor shall provide a certificate of insurance to be approved by the County Risk
Manager prior to contract executions,which shall be attached to the contract.
Lewis County shall have no obligation to report occurrences unless a claim is filed with
the Lewis County Risk Manager; nor shall Lewis County have an obligation to pay
premiums.
15. Venue and Choice of Law: In the event that any litigation should arise concerning the
construction or interpretation of any of the terms of this Contract, the venue of such
action or litigation shall be in the courts of the State of Washington in and for the
County of Lewis. This Contract shall be governed by the laws of the State of
Washington. Except as otherwise stated herein, each Party shall be responsible for its
own attorneys fees.
16. Withholding Payment: In the event the Contractor has failed to perform any
substantial obligation to be performed by the Contractor under this Contract, and said
failure has not been cured within the times set forth in this Contract, then the County
may, upon written notice, withhold all moneys due and payable to Contractor, without
penalty, until such failure to perform is cured or otherwise adjudicated.
17. Future Non-Allocation of Funds: If sufficient funds are not appropriated or allocated
for payment under this Contract for any future fiscal period, the County will not be
obligated to make payments for services or amounts incurred after the end of the
current fiscal period. No penalty or expense shall accrue to the County in the event
this provision applies.
18. Contractor Commitments, Warranties and Representations: Any written
Commitment received from the Contractor concerning this Contract shall be binding
upon the Contractor, unless otherwise specifically provided herein with reference to
this paragraph. Failure of the Contractor to fulfill such a commitment in accordance
with industry standards shall render the Contractor liable for damages to the County.
A commitment includes, but is not limited to any representation made prior to
execution of this Contract, whether or not incorporated by reference, as to
performance of services or equipment, prices or options for future acquisition to
remain in effect for a fixed period, or warranties.
19. Patent/Copyright Infringement: Contractor will defend and indemnify the
County from any claimed action, cause or demand brought against the County; to the
extent such action is based on the claim that information supplied by the Contractor
infringes any patent or copyright. The Contractor will pay those costs and damages
attributable to any such claims that are finally awarded against the County in any
action. Such defense and payments are conditioned upon the following:
That Contractor shall be notified promptly in writing by County of any notice of such
claim.
Contractor shall have the right, hereunder, at its option and expense, to obtain for the
County the right to continue using the information, in the event such claim of
Hillier, Scheibmeir, & Kelly, P.S.. Page 6 of 14
infringement, is made, provided no reduction in performance or loss results to the
County.
20. Disputes:
General
Differences between the Contractor and the County arising under and by virtue of this
Contract shall be brought to the attention of the County at the earliest possible time in
order that such matters may be settled or other appropriate action promptly taken.
Except for such objections as are made of record in the manner hereinafter specified
and within the time limits stated, the records, orders, ruling, instructions, and decisions
of the County shall be final and conclusive.
Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which otherwise may
be payable, or to extension of time for (1) any act or failure to act by the County, or (2)
the happening of any event or occurrence, unless the Contractor has given the County a
written Notice of Potential Claim within 10 days of the commencement of the act,
failure, or event giving rise to the claim, and before final payment by the County. The
written Notice of Potential Claim shall set forth the reasons for which the Contractor
believes additional compensation or extension of time is due, the nature of the cost
involved, and insofar as possible, the amount of the potential claim. Contractor shall
keep full and completed daily records of the work performed, labor and material used,
and all costs and additional time claimed to be additional.
Detailed Claim
The Contractor shall not be entitled to claim any such additional compensation, or
extension of time, unless within 30 days of the accomplishment of the portion of the
work from which the claim arose, and before final payment by the County, the
Contractor has given the County a detailed written statement of each element of cost or
other compensation requested and of all elements of additional time required, and
copies of any supporting documents evidencing the amount or the extension of time
claimed to be due.
21. Ownership of Items Produced: All writings, programs, data, public records or other
materials prepared by the Contractor and/or its consultants or subcontractors, in
connection with the performance of any Contract shall be the sole and absolute
property of the County. The Contractor is not liable for any reuse of these materials
except as it relates to this project.
22. Confidentiality: Subject to the requirements of section 26 hereof, Contractor, its
employees, subcontractors, and their employees shall maintain the confidentiality of
all information provided by the County or acquired by the Contractor in performance of
any Contract, except upon the prior written consent of the Contract Manager for Lewis
County or an order entered by a court after having acquired jurisdiction over the
County. Contractor shall immediately give to the County notice of any judicial
proceeding seeking disclosure of such information. Contractor shall indemnify and
hold harmless the County, its officials, agents or employees from all loss or expense,
Hillier, Scheibmeir, & Kelly, P.S.. Page 7 of 14
including but not limited to settlements, judgments, setoff's, attorney's fees and costs
resulting from contractor's breach of this provision.
23. Notice: Except as set forth elsewhere in this Contract and for all purposes under said
Contract, except service of process, notice shall be given by the Contractor to the
County's Contract Manager. Notice to the Contractor for all purposes under this
Contract shall be given to the Contractor's Contract Program Manager at the address of
record supplied by the Contractor. Notice may be given by delivery or by depositing in
the U.S. mail, first class, postage prepaid.
24. Severability: If any term or condition of this Contract or the application thereof to
any person(s) or circumstances is held invalid, such invalidity shall not affect other
terms, conditions or applications which can be given effect without the invalid term,
condition or application. To this end, the terms and conditions of said Contract are
declared severable.
25. Waiver: Waiver of any breach or condition of this Contract shall not be deemed a
waiver of any prior or subsequent breach. No term or condition of thereof shall be
held to be waived, modified or deleted except by an instrument, in writing, signed by
the parties hereto.
26. Public Records Act Compliance:
CONTRACTOR shall assist Lewis County to fulfill all obligations of the COUNTY under the
Washington Public Records Act (chapter 42.56 of the Revised Code of Washington)
which arise out of or in any way relate to this Agreement.
a. CONTRACTOR recognizes that under the Public Records Act,the COUNTY has a
duty to provide third parties with access to all documents (defined broadly),
"containing information relating to the conduct of government," and that this
obligation extends to documents in the sole possession of Business if used by it
or by the COUNTY for purposes relating to this Agreement.
b. In the event that Lewis County notifies CONTRACTOR that it has received a
demand for one or more documents which the COUNTY has not been able to
locate in its files, and which the COUNTY is obliged to release pursuant to the
Public Records Act,then, if those documents (or any of them) are in the
possession of Business, Business shall,within five business days:
i. provide copies of each of those documents to the COUNTY within five
business days, or,
ii. notify the COUNTY of when, acting with all reasonable haste, it will be
able to provide the COUNTY with copies of those documents; and then
Business shall provide copies of those documents to the COUNTY by such
date as is indicated.
c. In the event that CONTRACTOR fails to fulfill its obligations pursuant to this
section, and due to such failure a court of competent jurisdiction imposes a
Hillier, Scheibmeir, & Kelly, P.S.. Page 8 of 14
penalty upon the COUNTY for violation of the Public Records Act,then
CONTRACTOR shall indemnify the COUNTY for that penalty, as well as for all costs
and attorney fees incurred by the COUNTY in the litigation giving rise to such
penalty.
The obligations created by this section shall survive the termination of this Agreement.
27. Survival: The provisions of paragraphs 6, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,
21, 22, 25 and 26 of this Contract, shall survive, notwithstanding the termination of
invalidity of this Contract for any reason.
28. Entire Agreement and Interpretation: This written Contract represents the entire
agreement for professional services between the Parties and supersedes any prior oral
statements, discussions or understanding between the Parties.
29. Contract Management; The Contract Manager for each of the Parties shall be
responsible for and shall be the contact person for all communications and billings
regarding the performance of this Contract.
SPECIAL CONDITIONS
A. Definitions
The COUNTY is the recipient of CONTRACTOR's services, and at all times acts through its
Board of County Commissioners. The Contract Manager for the COUNTY will be Lee
Napier Director of Community Development,or her designee.
B. Non-Discrimination (Lewis County Funds)
The CONTRACTOR should be aware that public funds are being used to assist in projects
associated with the Contract between the Parties. During the performance of the
Contract, the CONTRACTOR agrees as follows:
1. The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, creed, color, or national origin. Such action shall
include, but not be limited to,the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The CONTRACTOR agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided
by the Contract Manager setting forth the provisions of this non-discrimination
clause.
2. The CONTRACTOR will, in all solicitations or advertisements for employees
placed by or on behalf of the CONTRACTOR, state that all qualified applicants
Hillier, Scheibmeir, & Kelly, P.S.. Page 9 of 14
will receive consideration for employment without regard to race, creed, color,
or national origin.
3. The CONTRACTOR will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, notice to be provided by the agency contracting officer, advising
the labor union or worker's representative of the contractor's commitments
under Section 202 or Executive Order No. 11246 of September, 1965, and shall
post copies of the notice in a conspicuous place available to employees and
applicants for employment.
4. The CONTRACTOR will comply with all provisions of Executive Order No. 11246
of September 24, 1965, and of the rules, regulations and relevant orders of the
Secretary of Labor.
5. The CONTRACTOR will furnish all information and reports required by Executive
Order No. 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor or pursuant thereto, and will permit access to
his books and records for purposes of investigation to ascertain compliance with
such rules, regulations and orders.
6. In the event of the CONTRACTOR'S non-compliance with the non-discrimination
clauses of this Contract or with any such rules, regulations, or orders, any
contract may be canceled, terminated or suspended in whole or in part and the
Contract(s) may be declared ineligible for further government contracts in
accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order No. 11246 of September 24, 1965, or by
rule, regulation or order of the Secretary of Labor, or as otherwise provided by
law.
7. The CONTRACTOR will include the provisions of Paragraphs (1) through (7) in
every sub-contract or purchase order unless exempted by rules, regulations or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order No. 11246 of September 24, 1965, so that such provisions will be binding
upon each sub-contract or vendor. The CONTRACTOR will take such action with
respect to any sub-contract or purchase order as the contracting agency may
direct as a means of enforcing such provisions, including sanctions for non-
compliance: Provided, however, that in the event the CONTRACTOR becomes
involved in, or is threatened with, litigation with a sub-contractor or vendor as a
result of such direction by the contracting agency, the CONTRACTOR may
request the United States to enter into such litigation to protect the interest of
the United States.
C. Original Specifications
It is hereby expressly agreed by and between the Parties involved that in any matter,
dispute, suit, or proceedings arising or in any way growing out of any contract in which it
Hillier, Scheibmeir, & Kelly, P.S.. Page 10 of 14
may be necessary to introduce into evidence the original of such specifications, that a
printed copy thereof may be used in lieu thereof with like force and effect as though the
original was produced.
The CONTRACTOR shall further verify that:
1. He had not employed or retained any company or person (other than a full-time
bona fide employee working solely for the offerer) to solicit or receive said
contract(s); and
2. He has not paid or agreed to pay any company or person (other than a full-time
bona fide employee working solely for the offerer) any fee, commission,
percentage, or brokerage fee contingent upon or resulting from the award of
said contract(s); and
3. He has not been asked or otherwise coerced, whether expressed or implied, into
contributing funds, for any purpose as a condition to doing business with the
COUNTY.
OIft
WITNESS WHEREOF, the parties have executed this Agreement this day of
2022.
This Contract represents the entire Agreement between the parties and supersedes any prior
oral statements, discussions or understandings.
Mark C. Scheibmeir Contractor Manager Lee Napier, Director
Hillier, Scheibmeir, & Kelly, P.S.. Lewis County Community Development
299 N.W. Center Street 2025 NE Kresky Ave
P.O. Box 939
Chehalis, WA 985 Chehalis, WA 98532
360.748.3386 360.740.2606
By: By:
Mark C. Scheibmeir Lee, Napier
Hillier, Scheibmeir, & Kelly, P.S.. Page 11 of 14
ATTACHMENT"A"
SCOPE OF WORK
PERSONAL SERVICES AGREEMENT
Between
LEWIS COUNTY
And
Hillier,Scheibmeir, & Kelly, P.S..
Who:
• Hillier, Scheibmeir, & Kelly, P.S. (299 N.W. Center Street, P.O. Box 939, Chehalis,WA 98532). Mark
Scheibmeir shall be designated as the Hearings Examiner for Lewis County.
o Contractor shall be allowed, subject to County approval, to add additional parties to this
agreement to serve as Deputy Hearings Examiner.
Expense:
• Not to exceed $3,000 per month for a total of$36,000 annually unless mutually modified by both
parties as outlined in Attachment B.
Period of Performance:
Work shall begin April 1, 2022 and end no later than March 31, 2027. This period may be extended by
mutual agreement.
Scope of Work: Lewis County has adopted Lewis County Chapter 2.25, Hearings Examiner, which
created the office of Hearings Examiner for Lewis County. Under said Chapter, the Hearings Examiner is
assigned the duties of administering and conducting certain quasi-judicial and appellate administration
hearings under County ordinances and regulations.
The following represents the general services to be provided by the Contractor under the terms of this
agreement:
1. Contractor shall provide and County will receive Hearings Examiner services specified and
reasonably implied within the Hearings Examiner powers described in the affected county
codes, ordinances, and regulations.
(A) Contractor's powers shall include:
a. Receive and examine available information;
b. Conduct public hearings and prepare a record thereof;
c. Administer oaths and affirmations;
d. Examine witnesses; provided, that no person shall be compelled to divulge
information which he or she could not be compelled to divulge in a court of law
in civil litigation matters;
e. Regulate the course of the hearing;
f. Make and enter decisions;
g. Hold conferences for settlement and prehearing matters;
h. Dispose of procedural requests and similar hearing and prehearing matters;
Hillier, Scheibmeir, & Kelly, P.S.. Page 12 of 14
i. Issue summary orders as provided for under LCC through ; and
j. Take such other action authorized or necessary to carry out this chapter.
(B) Contractor's duties shall include:
a. The Contractor shall provide Hearings Examiner services as requested, specified
and reasonably implied within the Hearings Examiner ordinances and Board of
Health ordinances and resolutions.
b. Contractor shall administer, process, record and store records of hearings and
other matters involving the position.
c. Develop and publish such additional specific policies and procedures, as
necessary,to properly administer, process, record, and store records thereto.
d. Periodically review said policies and procedures for compliance with local and
state regulations and current law.
e. Contractor shall make available, and County may request, Hearings Examiner
services Monday through Friday, and during such hours as shall be necessary to
perform the functions of Hearings Examiner. County and Contractor shall
hereinafter establish general time slots for hearings, which shall include both
day time and evening hearing schedules.
f. Provide personnel, and profession services sufficient to meet the needs of the
Hearings Examiner office, including situations where Contractor has a conflict of
interest in the decision making process.
g. Said personnel, Hearing Examiner and Deputy Hearing Examiners, shall have
prior training and experiences in the field of administrative law and quasi-
judicial hearings, regulatory enactments, and statutory interpretation and
application, and support personnel necessary to fulfill Contractor's obligations
herein.
h. All hearing conducted by the Contractor shall be in a quasi-judicial environment,
in full compliance with all state and local rules and regulations.
2. County, acting through the Board of County Commissioners, or a designee, will provide such
administrative and logistical services as necessary to allow Contractor to conduct the business of
Hearings Examiner.
a. All notices of hearing shall be initiated by County staff. Legal services provide by County
for the benefit of Contractor shall be available only upon express agreement of both
parties to this document.
b. Provide adequate meeting space for all hearings, including quasi-judicial proceedings,
public hearings, and appellate proceedings. County shall be responsible for the set-up,
cleaning, and maintenance of all space to assure the continued compliance of the
Hearings Examiner office with the mandates of Lewis County Code Chapter 2.25.
c. Provide adequate recording equipment and the necessary maintenance and support to
maintain the equipment in good condition for use in hearings.
Hillier, Scheibmeir, & Kelly, P.S.. Page 13 of 14
ATTACHMENT"B"
Budget
PERSONAL SERVICES AGREEMENT
Between
LEWIS COUNTY
and
Hillier,Scheibmeir& Kelly, P.S.
It is agreed between the parties hereto that County shall compensate Contractor for services rendered
under the terms of this agreement at the rate of Three Thousand ($3,000) per month, payable on or
before the tenth (10`h) day of each month during the term of this agreement. Payment shall be due on
or before the 10ths day of each month during the term of this agreement.
The parties hereto agree that a re-opener shall be authorized, upon a showing by Contractor that it is
consistently incurring more than twenty-five (25) hours per month of professional time, to determine if
compensation level is appropriate to meet the needs of Contractor and County in the fulfillment of the
obligations provided for herein. Contractor may also seek additional compensation on an individual
case basis for unusually complex or extended hearings. Upon agreement of both parties,the
compensation may be amended to conform to the actual amount of work required to fulfill the terms of
this agreement.
Contractor may be asked to conduct public hearings on major development proposals authorized under
the provisions of RCW 36.70A and Title 17 LCC, including conducting public hearings, prepare findings
and conclusions of law, and make recommendations to the Board of County Commissioners as to
whether such proposed developments meet the requirements of state and local regulations. County
shall notify Contractor in advance of said major development proposals and the parties shall negotiate a
not-to exceed budget for the major development proposal based upon billing at the following rates:
Contractor Hourly Rate $175.00 per hour
Hearings Clerk $10.00 per hour
The work on said major development proposals shall begin when an application is made to Contractor
for a public hearing as required and shall end when a decision or recommendation has been issued on
matters before the Hearings Examiner,consistent with any time schedule adopt by County Code for
such hearings.
Hillier, Scheibmeir, & Kelly, P.S.. Page 14 of 14
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: March 8, 2022
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approval of a professional services agreement between Lewis County and Hillier, Scheibmeir, Kelly
& Satterfield, P.S. for Hearing Examiner services
Contact: Lee Napier Phone: 3607402606
Department: CD - Community Development
Description:
The Board of County Commissioners (BOCC) has previously reviewed and approved a professional
services agreement between Lewis County and Hillier, Scheibmeier, Kelly & Satterfield, P.S. for
providing Hearing Examiner services for the County and said agreement is set to expire. The
County code requires the appointment by the BOCC of a Hearings Examiner to consider matters
authorized under provisions of Lewis County Code (LCC) consistent with the duties and
responsibilities of the Hearings Examiner contained in 2.24 LCC.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Graham Gowing, Grace Jimenez, Megan
Sathre