HomeMy WebLinkAboutProfessional Services AgreementPROFESSIONAL SERVICES AGREEMENT
FOR HEARING EXAMINER and PRO TEM HEARING EXAMINER
This Professional Services Agreement for Hearing Examiner and Pro Tem
Hearing Examiner ("Agreement") is entered into effective the I" day of�4-4 2026,
by and between the Kittitas County (the "County"), and Andrew Kottkamp
("Contractor"), Jay Eyestone (Pro Tem) sometimes collectively referred to as the
"Parties."
RECITALS
WHEREAS, the County has created the position of Hearing Examiner under
Chapter 2.11 of the Kittitas County Code (KCC); and
WHEREAS, the County seeks the services of a skilled independent contractor
capable of working without direct supervision in the capacity of a Hearing Examiner who
is experienced in the area of land use law, real property law, enforcement of municipal
regulations, County planning and development, and similar permitting issues; and is
familiar with the County's zoning and building codes and other related County codes,
ordinances, resolutions, regulations, or policies; and
WHEREAS, Contractor/Pro Tem have the requisite skill and experience
necessary to provide such services;
NOW., THEREFORE, the Parties agree to the following terms and conditions:
AGREEMENT
1. Services. Contractor/ Pro Tem agree to perform the following
professional services for the County., pursuant to the terms and conditions of this
Agreement:
1.1 Serve as the County Hearing Examiner and Pro Tem Hearing
Examiner pursuant to Chapter 2.11 KCC and this Agreement.
1.2 Become knowledgeable of all relevant portions of the KCC, and
related ordinances, regulations, plans, and policies applicable to
any matter coming before the Contractor/Pro Tem for a hearing.
Contractor /`Pro Tem shall likewise be knowledgeable of all
relevant Washington statutes and appellate case law applicable to
any matters coming before Contractor/Pro Tem for a hearing.
1.3 Hear and act, as authorized in Chapter 2.11 KCC, as presently
enacted or hereafter amended, and other related County ordinances
and regulations. In this regard, Contractor/Pro Tem shall receive
and examine all available information, conduct public hearings,
enter written Findings of Fact and Conclusions of Law, and enter
decisions. Contractor/Pro Tem shall report his decisions to the
Director of Planning on all matters which may come before the
Contractor/Pro Tem.
1.4 Perform all duties in accordance with all applicable federal and
state laws and County Code, including but not limited to the
current Kittitas County Comprehensive Plan and other related
County codes, ordinances, resolutions, standards, or policies, as
presently enacted or hereafter amended.
1.5 Provide, at Contractor's and Pro Tem's expense, transportation to
and from public hearings in the County, and to and from the sites
in the County deemed necessary for viewing.
1.6 Provide office and office equipment to the extent deemed
necessary by Contractor/Pro Tem.
1.7 Submit one original report in hard copy (if requested) and one
electronic format of Findings of Fact and Conclusions of Law, and
the decision for each case heard. This decision shall be delivered
to the County Director of Planning within the time constraints
imposed by law or regulation for each type of hearing held, but in
no event later than ten (10) business days following the date the
hearing record closes.
1.8 Submit an annual report to the County's Planning Director
detailing all cases heard and decided within the past twelve (12)
months, along with any recommendations for improvements to
County codes and regulations.
2. Performance Standard. ContractoriPro Tern represent and warrant that
Contractor and Pro Tem have the requisite training, skill, and experience necessary to
provide the services contemplated by this Agreement. All duties performed by
Contractor and Pro Tem shall be performed in a manner consistent with accepted
practices for other similar services, including, but not limited to, conducting orderly and
impartial hearings, creating a professional and courteous environment for applicants,
citizens, and staff, compiling and recording the proceedings in a manner reviewable by a
court of law, and preparing findings, conclusions, and decisions which are understandable
and based upon sound reasoning and applicable law.
3. Hearinp, Examiners Pro-Tem. In the event of a conflict or
disqualification or when., in the discretion of the Contractor, the use of a Hearing
2
Examiner Pro -Tern is required, the County shall use, in accordance with Chapter 2.11
KCCa Hearing Examiner Pro-Tem (Jay Eyestone) to hear cases.
4. Responsibilities of the County. Through its Director of Community
Development, the County shall:
4.1 Direct all duties to be performed under this Agreement.
4.2 Provide SEPA determinations on all matters heard by the
Contractor.
4.3 Provide documentation of publication of all legal advertisements
and notices required for hearings.
4.4 Prepare agendas and scheduling of hearing items.
4.5 Provide written staff reports to the Contractor/Pro Tern at least ten
(10) business days prior to hearings, as well as maps and other
exhibits as may be necessary regarding each matter to be heard.
The staff reports may include recommended findings of fact and
conclusions of law, and a recommended decision, including
proposed conditions of approval. It is requested that the staff
reports be in Word format.
4.6 Maintain official files and records of the hearings and forward all
required copies of the Contractor's and Pro Tem's decisions and
correspondence to applicants and others requesting copies, as well
as perform such other tasks as are necessary to administratively
process said materials.
4.7 Provide a hearing room, speaking system, tapes and tape recorder,
and copies of the LCC, relevant planning documents, and
regulations.
5. Term.
5.1 Term. The initial term of this Agreement shall commence on the
1 st day of August, 2026 and shall continue until terminated.
6. Termination. This Agreement may be terminated with or without cause
by either party, by giving thirty (30) calendar days prior written notice to the other party.
7. Compensation.
7.1 Regular Hearin: The County shall pay Contractor/Pro Tem a fee
of Two Hundred Seventy -Five ($275) per hour, inclusive of all
3
costs and expenses, for each matter assigned by the County for
hearing. If the Hearing Examiner attends the hearing in person as
opposed to Zoom or other videoconferencing, the time spent
travelling to and from Ellensburg for the hearing shall be billed at
Two Hundred Dollars ($200) per hour.
8. Method of Payment. All payments due Contractor/ Pro Tem shall be
made on a monthly basis, thirty (30) business days after receipt and approval of such
billing statement by the County, unless notice is given to Contractor or Pro Tem that the
work performed by Contractor or Pro Tem has been found to be unsatisfactory by the
County within twenty (20) business days of receipt of any reports or decisions from
Contractor or Pro Tem. If Contractor or Pro Tem fails to comply with any terms or
conditions of this Agreement, or to provide, in any manner, the work or services agreed
to herein, County may withhold any payment due Contractor or Pro Tem until County is
satisfied that the corrective action specified by the County has been completed. This
right is in addition to and not in lieu of the County's right to terminate this Agreement as
provided herein or other remedies the County may have under law.
9. Independent Contractor. Contractor and Pro Tem are, and shall be at all
times during the term of this Agreement, an independent contractor and not an employee
of the County. The parties fully understand the nature of independent contractor status
and intend to create an independent contractor relationship. ContractorlPro Tem, and not
the County, shall have the right to control the manner and means by which Contractor's
work is accomplished. The County shall retain the right, however, to ensure that the
work is being performed according to agreed -upon standards. Consistent with this
relationship, Contractor/Pro Tem shall not be covered by any County benefit programs,
such as health and welfare benefit plans, sick leave, vacation pay, Social Security,
Workers Compensation, unemployment compensation, or any other benefit of
employment, and shall not be treated as an employee for federal or state tax purposes or
for any other purpose. Contractor/Pro Tem shall be responsible for paying all taxes
related to payments the County makes to Contractor, including federal income taxes, self-
employment (Social Security and Medicaid) taxes, local and state business and
occupation taxes, and the County is not responsible for withholding for or paying any of
those taxes. Contractor/Pro Tem agrees to indemnify and hold the County harmless from
any such obligation.
10. Nonexclusive Contract. This shall be a nonexclusive contract. It is
recognized that Contractor may or will be performing professional services during the
term for other parties and that the County is not the exclusive user of Contractor's
services. Contractor/Pro Tem agree not to perform services for others where a conflict of
interest, as determined by the County, may exist. County reserves the right to appoint
additional Hearing Examiners and to contract for additional services in the future.
11. Indemnification.
4
11.1 HearinLF Examiner Indemnification. ContractorlPro Tem agree
to indemnify, defend, and hold the County, its elected officials,
employees, agents, and volunteers harmless from any and all
claims, demands, losses, actions, and liabilities (including costs
and all attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents, licensees, or
representatives., arising from, resulting from, or connected with this
Agreement to the extent caused by the negligent acts, errors, or
omissions of Contractor/Pro Tem, or by Contractor or Pro Tem's
breach of this Agreement.
11.2 County Indemnification --Actions of Hearing Examiner.
Notwithstanding the provisions of Paragraph 11.1 above, the
County agrees to indemnify, defend, and hold Contractor and Pro
Tem harmless from any and all claims, demands, losses, actions,
and liabilities (including costs and attorney fees) to or by any and
all persons or entities, the basis for which is any action of the
Contractor or Pro Tem performed in the normal course of the
Contractor or Pro Tem's duties as the Hearing Examiner for the
County.
11.3 County Indemnification. The County agrees to indemnify,
defend, and hold Contractor and Pro Tem harmless from any and
all claims., demands, losses., actions, and liabilities (including costs
and attorney fees) to or by any and all persons or entities including,
without limitation, their respective agents, licensees, or
representatives, arising from, resulting from, or connected with this
Agreement to the extent caused by the negligent acts, errors, or
omissions of the County, its employees, or agents.
11.4 Survival. The provisions of this section shall survive the
expiration or termination of this Agreement with respect to any
event occurring prior to such expiration or termination.
12. Work Product. All work product, including records, files, documents,
plans, computer disks., magnetic media or material which may be produced or modified
by Contractor/Pro Tem while performing the services contemplated by this Agreement
shall belong to County. At the termination or cancellation of this Agreement, all
originals and any copies of any such work product remaining in the possession of
Contractor shall be delivered to County.
13. Entire Agreement. This Agreement contains all the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement and no oral or
other prior agreements shall be effective for any purpose.
14. Modification. No provision of this Agreement may be amended or
modified except by written agreement signed by the Parties.
15. Severability. Any provision of this Agreement which is declared invalid
or illegal shall in no way affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
16. No Waiver. Failure or delay of a Party to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure of a Party
to declare any breach or default does not act as a waiver of a Party's right to declare
another breach or default.
17. Applicable Law and Venue. This Agreement shall be interpreted in
accordance with the internal laws of the state of Washington. The venue of any action
hereunder shall be in the Superior Court for Kittitas County, Washington.
18. Notices. Any notices required to be given by the Parties shall be delivered
at the addresses set forth below. Any notices may be delivered personally to the
addresses of the notice or may be deposited in the United States mail, postage prepaid, to
the address set forth below. Any notice so posted in the United States mail shall be
deemed received three (3) days after the date of mailing.
To County:
Jamey Ayling
Kittitas County
Planning Division
411 N. Ruby St. Suite 2
Ellensburg, WA 98926
To Contractor:
Andrew L. Kottkamp
P.O. Box 1667
Wenatchee, WA 98807-1667
To Pro Tern
Jay Eyestone
P.O. Box 1667
Wenatchee, WA 98807-1667
0
COUNTY
CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS
Date:
2026
Attest/Authenticated:
JULIE KJORSVIK, Clerk
CONTRACTOR
1zl1e14,zC
By:
ANDVfW L. KOTTKAMP
JAY A • •
D. 1 •