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AUG I I 2008 <br />PROFESSIONAL SERVICES AGREEMENT <br />THIS AGREEMENT is made this date by and betweenKittitas County,a politicalsubdivisionoftheStateofWashington,hereafter referred to as County,and Andrew L.Kottkamp (hereinafterreferred to as "Provider"). <br />WHEREAS,the parties hereto desire hereby to set forth their respective rights and duties; <br />NOW,THEREFORE,in consideration of the mutual promises contained herein and othervaluableconsideration,the parties do hereby promise,covenant and agree as follows: <br />1.Appointment.Provider is hereby appointed as the Hearing Examiner for Kittitas County. <br />2.Duties.Provider's duties as Hearing Examiner shall include,but are not limited to,thoseactivitiesnormallyassociatedintheindustrywithaHearingExaminerforalllanduseorlandservicesmattersasprescribedintheKittitasCountyCodeandasmaybehereafterassignedbytheBoardofCountyCommissioners.The professional services to be perforned under thisAgreementbyProvidershallbeperformedpersonallybyAndrewL.Kottkamp and shall not bedelegatedtoanyotherattomeywithinKottkamp's office.The decision of the Provider in thescopeofhisemploymentasHearingExaminershallbedeemedthelandusedecisionsofKittitasCounty,as prescribedin the Kittitas County Code. <br />3.IndependentContractor.The Provider is not an employeeof the County and shall not besubjecttoanyprovisionsofthepersonnelpoliciesofCounty.Contractoris an "independentcontractor,"as defined under federal and state law.Contractor shall have no authority to act onthebehalforthebenefitofCountyandhasnopowertoenterintoanycontractsonbehalfofCounty. <br />4.Performance.The Provider will maintain himself in a professionalmanner at all times.Provider shall comply with all federal,state,and county laws and regulations pertaining to hisperformanceofdutiesasaHearingExaminer. <br />5.Term.The term of this Agreement shall commence þ(A/kÁ 6 ,201 and expire onAW6,20B after which time this Agreement shall continue on abiannual basis untilitis'either renewedor is terninated in accordance with the provisions of Section 6 of thisAgreement. <br />6.Tennination.The County shall have the right to terminate this Agreement in the sole and IabsolutediscretionoftheKittitasCountyBoardofCountyCommissioners,with or withoutcause,upon the giving of sixty (60)days written notice to Provider and by delivering notice ofsuchterminationtoProviderorbymailingacopyofthesamebycertifiedmail,retum receiptrequested,addressed to the Provider's last known address.All right to compensationceases onthedatestatedinthenoticeoftermination.Provider shall have the right to terminate thisAgreementbyprovidingtheCountysixty(60)days prior written notice. <br />7.Compensation.Under this Agreement Provider shall be compensated at the rate of $130 <br />an hour for all professional services performed for hearing.Provider shall also be compensated$100 an hour for traveling time to and from Kittitas County as we11 as for site visits if deemed <br />PROFESSIONAL SERVICES AGREEMENT -1 <br />I <br />i