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HomeMy WebLinkAboutR2026-144 Fully Executeds. BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION No. 2026- 1 Lli L{ Resolution to Authorize amended Land Use Planning Gonsulting Services from Andrew L. Kottkamp and Jay Eyestone WHEREAS: The County entered into a Professional Services Agreement ('PSA') for Hearing Examiner Services, effective August 5, 2008, with Andrew L Kottkamp ("Contractor"); and WHEREAS: The County has adopted within the 2026 budget in the amount of $40,000 the continued professional services from Andrew L Kottkamp for Hearing Examiner Services; and WHEREAS: The upcoming retirement of Andrew L Kottkamp has created an immediate need for additional hearing examiner services from Andrew L Kottkamp's law firm in order to continue processing planning applications that require a hearing in a timely and coordinated manner; and WHEREAS: The County has confirmed the qualifications of Jay Eyestone to conduct Hearings and request his status as Hearing Examiner Pro Tem. NOW, THEREFORE, BE lT RESOLVED, that the Board of county commissioners, in the best interest of the public, does hereby authorize the amendment to the existing Hearing Examiner Contract to include Jay Eyestone as Hearing Examiner Pro Tem. DArED tnis-!-?|ay "r@frht 2026 atEllensburs, washinston 34619-1 a f Resolution No. 2oz6--!S4(continued) BOARD OF COUNTY COMMISSIONERS KITTITAS CO Brett , Chair Vice-Chair ABSENT Commissioner of the Approved as to Form: Stephanie Hartung Deputy Prosecuting Attorney 34619-1 PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER ANd PRO TEM HEARING EXAMINER This Professional Services Agreement for Hearing Examiner and Pro Tem HearingExaminer ("Agreement") is entered into effectivL the I't day otfifn bC2026, by and between the Kittitas County (the "County"), and AndrewKottkamp ("Contractor"), Jay Eyestone (Pro Tem) sometimes collectively referred to as the ooParties." RECITALS WHEREAS, the County has created the position of Hearing Examiner under Chapter 2.1 I 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 properfy law, enforcement of municipal regulations, County planning and development, and similarpermitting 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 l. 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.tt KCC and this Agreement. Become knowledgeable of all relevantportions of the KCC, and related ordinances, regulations, plans, and policies applicable to any matter coming before the Contractor/Pro Tem for a hearing. Contractor lPro Tem shall likewise be knowledgeable of all relevant Washington statutes and appellate case law applicable to any matters coming before ContractorlPro Tem for a hearing. Hear and act, as authorized in Chapter 2.11 KCC, as presently enacted or hereafter amended, and other related County ordinances 1.2 t 1.3 1.4 1.5 t.7 1.6 and regulations. In this regard, ContractorlPro 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 Direclor ofPlanning on all matters which may come before the Contractor/Pro Tem. 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. Provide, at Conlractor'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 Provide office and office equipment to the extent deemed necessary by Contractor/Pro Tem. 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 foltowing 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 Stand4rd. ContractorlPro Tem represent and warrant that Contractor and Pro Tem have the requisite training, skill, and experience necessary to provide the services contemplated by this Agreement. A11 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. Hearing Examiners Pro-Tem. In the event of a conflict or disqualification or when, in the discretion ofthe Contractor, the use of a Hearing 2 Examiner Pro-Tem is required, the County sha1l 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: Direct all duties to be performed under this Agreement. Provide SEPA determinations on all matters heard by the Contractor. Provide documentalion ofpublication of all legal advertisements and notices required for hearings. Prepare agendas and scheduling of hearing items Provide written staff reports to the ContractorlPro Tem 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 staffreports may include reconlmended findings of fact and conclusions of law, and a recommended decision, including proposed conditions ofapproval. It is requested that the staff reports be in Word format. Maintain official fi.les 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.t 4.2 4.3 4.4 4.s 4.6 4.7 Provide a hearing roome speaking system, tapes and tape recorder, and copies ofthe Lcc,relevant planning documents, and regulations. 5. Term. Te$4. The initiat term of this Agreement shall commence on the lst day of August, 2026 andshall continue until terminated. 6. Termination. This Agreement may be terminated with or without cause by either pary,by giving thirty (30) calendar days prior written notice to the otherparty. 7. Comoensation. Resular Hearins: The County shall pay Contractor/Pro Tem a fee of Two Hundred Seventy-Five ($275) per hour, inclusive of all 5.1 3 7.1 costs and expenses, for each matter assigned by the County for hearing. Ifthe 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 ContractorlPro Tem shall be made on a monthly basis, thirly (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 ofthis Agreemenl, 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, shatl have the right to control the manner and meansby 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 atty County benefit programs, such as heahh 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?ro 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, tocal 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 inlerest, as determined by the County, froy exist. County reserves the right to appoint additional Hearing Examiners and to contract for additional services in the future. 4 11. Indemnification. 11.1 Hearins Examiner Indemnitication. ContractorlPro Tem agree to indemniff, defend, and hold the County, its elected officials, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions, and liabitities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or represenlatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors, or omissions of ContractorlPro Tem, or by Contractor or Pro Tem's breach of this Agreement. ll.2 Couglhr Indqq*if.cFtion--Actions ofHearins Examiner. Notwithstanding the provisions of Paragraph 11.1 above, the County agrees to indemnifu, defend, and hold Contractor and Pro Tem harmless from any and atl claims, demands,losses, actions, and liabilities (including costs and attomey 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 CoFntv fndemnification. The County agrees to indemni$, 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. It.4 Survival. The provisions ofthis section shall survive the expiration or termination ofthis 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. 5 14. Modificatiqn. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties' 15. Severabilitv. 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 ofa Parfy to declare any breach or default immediately upon occulrence shall not waive such breach or default. to declare any breach or default does not act as a waiver of a Parfy's Failure of a Parfy right to declare another breach or default. 17. Apnlicable Law and Venue. This Agreement shall be interpreted in accordance with the internal taws 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 deliveredpersonally to the addresses of the notice or may be deposited in the United States mai1, 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: AndrewL. Kottkamp P.O. Box 1667 Wenatchee, WA 98807 -1667 To Pro Tem Jay Eyestone P.O. Box 1667 Wenatchee, WA 98807-1667 6 ,f .i COUNTY By: CONTRACTOR L. cT#INVAU OF THE BOARD OF COI]NTY COMMISSIONERS By: By: JAY Date:\nn(,' 1 2026 Date: PRO TEM 2 2026 Atte st/Authenticated : By KJO VIK, Clerk SEAL 7