HomeMy WebLinkAbout2008 Hearing Examiner ContractAUG I I 2008
PROFESSIONAL SERVICES AGREEMENT
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").
WHEREAS,the parties hereto desire hereby to set forth their respective rights and duties;
NOW,THEREFORE,in consideration of the mutual promises contained herein and othervaluableconsideration,the parties do hereby promise,covenant and agree as follows:
1.Appointment.Provider is hereby appointed as the Hearing Examiner for Kittitas County.
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.
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.
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.
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.
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.
7.Compensation.Under this Agreement Provider shall be compensated at the rate of $130
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
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necessary.Provider shall submit bills on a monthly basis to the County,Such bills shall be paid
on a timely basis.Provider agrees and acknowledges that he is an independent contractor andProvidershalltimelypayallfederal,state and local income,self-employment,business andoccupationtaxesthatmayaccrueandbecomedueasaresultofcompensationunderthisAgreement.
8.Administrative Excenses.The County shall supply all the equipment and personnel
necessary for Provider to perform his professional services as Hearing Examiner.
9.Indemnification.The County hereby agrees to hold harmless,indemnify and defendProviderfromandagainstanyandallclaimsbroughtagainstProviderinhisindividualcapacity
or in his official capacity for acts or omissions occurring during and within the scope of the
duties of the Hearing Examiner.
Provider shall indenmify,defend and hold the County harmless for all demands,claimsforactsoromissionsoccurringoutsidethescopeofProvider's duties as Hearing Examiner.
10.Assignment.Provider therefore agrees that Provider may not assign any rights orobligationsofProviderunderthisAgreement.
11.Retum of Equipment.Provider agrees that upon termination for any reason he will return
to County all equipmentof any nature whatsoever obtainedby or for Provider by County for usebyProviderinconnectionwithProvider's work or any other aspect of County's business.Suchequipmentwillbereturnedingoodconditionandrepair,except for normal wear-and-tear.
12.Entire Agreement.This Agreement constitutes the full and complete understandingand Iagreementoftheparties.Except as to future compensation adjustments,this Agreement
supersedes all prior understandingsand agreements,oral or in writing,and may only be modifiedbyawrittenagreementsignedbybothparties.
13.Invalid Provisions.The invalidity or unenforceability of any particular term or provisionofthisAgreementshallnotaffectthevalidityorenforceabilityofanyothertermorprovision
and this Agreement shall be construed in all respects as if such invalid or unenforceableterm orprovisionwasomitted.
14.Construction/Jurisdiction/Venue.This Agreement shall be construed according to thelawsoftheStateofWashington.In the event of any legal action arising pursuant to thisAgreement,jurisdiction and venue shall be proper only in the Kittitas County Superior Court,
15.Waiver/Non-Waiver.The waiver by either party of any alleged or actual breach of anyprovisionofthisAgreementshallnotoperateorbeconstruedasawaiverofanysubsequentorcontinuingbreach.Waiver of any of the provisions of this Agreement may only beaccomplishedbyreducingthesametowritingandshallbeeffectiveonlywhensigned by bothparties.
16.Interpretation.Paragraphheadings/titles are for the convenienceof the parties only and
shall not be used in interpreting or constming any portion of this Agreement.The singular may
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include the plural or vice versa,and the masculine,feminine or neuter may include any one or all
of the other genders where the context so requires.
17.Notice.Any notices required to be provided by the County to Provider or by Provider to
the County shall be delivered to the following addresses:
KITTITAS COUNTY BOARD OF COMMISSIONERS
205 W.5*Ave.,Ste 108
Ellensburg,WA 98926
ANDREW L.KOTTKAMP,ATTORNEY AT LAW
KOTTKAMP &YEDINAK,P.L.L.C.
435 ORONDO
PO BOX 1667
WENATCHEE,WA 98807-1667
DATED this 6 day of 4¶_.§
¯!nR ,20Â.
BOARD OF COMMISSIONERS
KITTITAS COUNTY,WASHINGTON
ABSENT
MARK McCLAIN,Chairman
.!L K.JOHNSON ER,Commissioner
-JULIE KTORSV1K
Clerk of the Board
PR R
ew L.Kottkamp
Approved as to Form Only:
Prosecuting Attorney
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