HomeMy WebLinkAboutResolution 2025-41, Amendment to Professional Services Agreement Hearing ExaminerCity of East Wenatchee Resolution No. 2025-41 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-
16 Rev. 1).
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City of East Wenatchee, Washington
Resolution No. 2025-41
A Resolution of the City of East Wenatchee, Washington, authorizing the Mayor to execute an amendment to the professional services agreement with Andrew Kottkamp for hearing examiner services.
1.Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov at (509) 884-9515, or at 711 (TTY).
2.Authority.
2.1. The City of East Wenatchee is a non-charter code City duly incorporated andoperating under the laws of the State of Washington.
2.2. RCW 35.11.020 and RCW 35A.12.190 authorize the City of East Wenatchee(“City Council”) to organize and regulate its internal affairs.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
Section 1: Purpose. To authorize the Mayor to execute an amendment to the professional services agreement with Andrew Kottkamp for hearing examiner services.
Section 2: Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
Section 3: Effective Date. This resolution becomes effective immediately.
City of East Wenatchee Resolution No. 2025-41 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-
16 Rev. 1).
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Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 21st day of October, 2025.
CITY OF EAST WENATCHEE, WASHINGTON
By _________________________________ Jerrilea Crawford, Mayor
ATTEST:
___________________________ Anna Laura Leon, City Clerk
Approved as to form only:
___________________________ Robert R. Siderius City Attorney
FILED WITH THE CITY CLERK: 10-15-2025 PASSED BY THE CITY COUNCIL: 10-21-2025 EFFECTIVE DATE: 10-21-2025
Jerrilea Crawford (Nov 3, 2025 09:45:00 PST)
Jerrilea Crawford
PROFESSIONAL SERVICES AGREEMENT
FOR HEARING EXAMINER Page 2 of 6.
PROFESSIONAL SERVICES AGREEMENT
FOR HEARING EXAMINER
This Professional Services Agreement for Hearing Examiner and Pro Tem Hearing
Examiner ("Agreement") is entered into effective the day of ,
2025, by and between the City of East Wenatchee (the "City"), a Washington municipal
corporation, and Andrew L. Kottkamp (Hearing Examiner“Contractor) and Jay Eyestone (Pro
Tem Hearing Examiner) (together referred to as “Contractors”), and all sometimes collectively
referred to as the "Parties."
RECITALS
WHEREAS, the City has created the position of Hearing Examiner under East Wenatchee
Municipal Code ("EWMC"); and
WHEREAS, the City 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, city planning
and development, and similar permitting issues; and is familiar with the City's zoning and building
codes and other related City codes, ordinances, resolutions, regulations, or policies; and
WHEREAS, Contractors haves the requisite skill and experience necessary to provide such
services;
NOW, THEREFORE, the Parties agree to the following terms and conditions:
AGREEMENT
1.Services. Contractors agrees to perform the following professional services for
the City, pursuant to the terms and conditions of this Agreement:
1.1 Andrew L. Kottkamp shall Sserve as the City Hearing Examiner, and Jay
Eyestone as Pro Tem Hearing Examiner, pursuant to the East Wenatchee
Municipal Code and this Agreement. The Pro Tem Hearing Examiner is to serve
upon the unavailability of the Hearing Examiner.
1.2 Become knowledgeable of all relevant portions of East Wenatchee's
Municipal Code, and related ordinances, regulations, plans, and policies applicable
to any matter coming before the Contractors for a hearing. Contractors shall
likewise be knowledgeable of all relevant Washington statutes and appellate case
law applicable to any matters coming before Contractors for a hearing.
1.3 Hear and act, as authorized to the EWMC, as presently enacted or
hereafter amended, and other related City ordinances and regulations. In this regard,
Contractors shall receive and examine all available information, conduct public
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
FOR HEARING EXAMINER Page 3 of 6.
hearings, enter written Findings of Fact and Conclusions of Law, and enter
decisions. Contractors shall report his or her decisions to the Community
Development Director on all matters which may come before the Contractor.
1.4 Perform all duties in accordance with all applicable federal and state
laws and City ordinances, including but not limited to the current City of East
Wenatchee Comprehensive Plan and other related City codes, ordinances,
resolutions, standards, or policies, as presently enacted or hereafter amended.
1.5 Provide, at Contractor's expense, transportation to and from public
hearings in the City, and to and from the sites in the City deemed necessary for
viewing.
1.6 Provide office and office equipment to the extent deemed necessary by
Contractor.
1.7 Submit one original report in hard copy of Findings of Fact and
Conclusions of Law, and the decision for each case heard. This decision shall
be delivered to the Community Development Director 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 Mayor, City Council and Community
Development Director detailing all cases heard and decided within the past twelve
(12) months, along with any recommendations for improvements to City codes and
regulations.
2. Performance Standard. Contractors represents and warrants that Contractors
haves the requisite training, skill, and experience necessary to provide the services contemplated
by this Agreement. All duties performed by Contractors 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. Responsibilities of the City. Through its Community Development Director or
designee, the City shall:
3.1 Direct all duties to be performed under this Agreement.
3.2 Provide SEPA determinations on all matters heard by the Contractors.
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
FOR HEARING EXAMINER Page 4 of 7.
3.3 Provide documentation of publication of all legal advertisements and
notices required for hearings.
3.4 Prepare agendas and scheduling of hearing items.
3.5 Provide written staff reports to the Contractors 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.
3.6 Maintain official files and records of the hearings and forward all
required copies of the Contractor'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.
3.7 Provide a hearing room, speaking system, tapes and tape recorder, and
copies of City ordinances, relevant planning documents, and regulations.
4. Term. The term of this Agreement shall commence on the effective date of the
Agreement and be effective until terminated by either party in accordance with other provisions
of this Agreement or until amended by written Agreement of the Parties.
5. 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.
6. Compensation.
6.1 Regular Hearing: The City shall pay Contractor a fee of SevenSix
Hundred Dollars ($6700), inclusive of all costs and expenses, for each
matter assigned by the City for a regular hearing. A regular hearing is
one in which the time spent by the Hearing Examiner for review of
materials in preparation for the hearing, the open record public hearing
itself and the review of materials and issuance of a decision, will not
exceed four (4) hours of the Hearing Examiner's time.
6.2 Special Hearings: A special hearing is one in which it is mutually
agreed between the parties that the Contractor’s time for review of
materials in preparation for the hearing, holding of the open record public
hearing and review of materials in preparation of the decision will likely
exceed four (4) hours of Hearing Examiner time. If during Staff review
after consultation with the Hearing Examiner it is determined that this
matter will likely take greater than four (4) hours of Hearing Examiner
time for file review, conducting of the hearing and drafting and finalizing
of the decision, that the billing shall be SevenSix Hundred Dollars
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
FOR HEARING EXAMINER Page 5 of 7.
($6700) for the first four (4) hours of time and hourly at One Hundred
Fifty Dollars ($150) per hour for all time spent in addition to four (4)
hours. The mutual agreement of the parties shall occur prior to the
holding of the open record public hearing.
7. Method of Payment. All payments due Contractors shall be made on a monthly
basis, thirty (30) business days after receipt and approval of such billing statement by the City
Council, unless notice is given to Contractors that the work performed by Contractors haves been
found to be unsatisfactory by the Community Development Director within twenty (20)
business days of receipt of any reports or decisions from Contractors. If Contractors fails to
comply with any terms or conditions of this Agreement or to provide, in any manner, the work
or services agreed to herein, City may withhold any payment due Contractors until City is satisfied
that the corrective action specified by the Community Development Director has been completed.
This right is in addition to and not in lieu of the City's right to terminate this Agreement as provided
herein or other remedies the City may have under law.
8. Independent Contractor. Contractors areis, and shall be at all times during
the term of this Agreement, independent contractors and not an employees of the City. The
parties fully understand the nature of independent contractor status and intend to create an
independent contractor relationship. Contractors, and not the City, shall have the right to
control the manner and means by which Contractor's work is accomplished. The City shall retain
the right, however, to ensure that the work is being performed according to agreed-upon standards.
Consistent with this relationship, Contractors shall not be covered by any City 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. Contractors
shall be responsible for paying all taxes related to payments the City makes to Contractors,
including federal income taxes, self-employment (Social Security and Medicaid) taxes, local and
state business and occupation taxes, and the City is not responsible for withholding for or paying
any of those taxes. Contractors agrees to indemnify and hold the City harmless from any such
obligation.
9. Nonexclusive Contract. This shall be a nonexclusive contract. It is recognized
that Contractors may or will be performing professional services during the term for others and
that the City is not the exclusive user of Contractor's services. Contractors agrees not to
perform services for others where a conflict of interest, as determined by the City, may exist. City
reserves the right to appoint additional Hearing Examiners and to contract for additional services
in the future. Nothing herein shall be interpreted to prohibit such future appointments nor to
guarantee renewal of this Agreement, its level of payment, nor the level of cases forwarded to
Contractors in future years.
10. Indemnification.
10.1 Hearing Examiner Indemnification. Contractors agrees to indemnify,
defend, and hold the City, its elected officials, employees, agents, and volunteers
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
FOR HEARING EXAMINER Page 6 of 7.
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 Contractors, or by Contractor's
breach of this Agreement.
10.2 City Indemnification-Decisions of Hearing Examiner. Notwithstanding
the provisions of Paragraph 10.1 above, the City agrees to indemnify, defend, and
hold Contractors 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 a Contractor performed in the normal course of
the Contractor's duties as the Hearing Examiner or Pro Tem Hearing Examiner for
the City.
10.3 City Indemnification. The City agrees to indemnify, defend, and hold
Contractor 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 City, its
employees, or agents.
10.4 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.
11. Work Product. All work products, including records, files, documents, plans,
computer disks, magnetic media or material which may be produced or modified by Contractors
while performing the services contemplated by this Agreement shall belong to City. At the
termination or cancellation of this Agreement, all originals and any copies of any such work
product remaining in the possession of Contractors shall be delivered to City.
12. 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.
13. Modification. No provision of this Agreement may be amended or modified except
by written agreement signed by the Parties.
14. 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.
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
FOR HEARING EXAMINER Page 7 of 7.
15.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.
16.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 Douglas County, Washington.
17.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 address for providing
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 CITY:
Mayor of East Wenatchee
City East of Wenatchee
271 Ninth Street NE
East Wenatchee, WA 98802
Approved by the City Council of the City
of East Wenatchee, WA the day of
October, 2025
By:
JERRILEA CRWAFORD, Mayor
Attest/Authenticated:
By:
LAURA LEON, City Clerk
TO CONTRACTOR:
Andrew L. Kottkamp,
Jay Eyestone
Kottkamp, Yedinak & Esworthy, PLLC
435 Orondo
PO Box 1667
Wenatchee, WA 98807-1667
Approved by the Contractor the day of
October, 2025.
By:
ANDREW L. KOTTKAMP
Approved by the Pro Tem the ______ day
of October, 2025.
By: _______________________________
JAY EYESTONE
Exhibit A
2. Resolution 2025-41, Amendment to
Professional Services Agreement Hearing
Examiner
Final Audit Report 2025-11-03
Created:2025-10-31
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAFhuqMnfVjtX0u5lrd_iJY0jA_Oap0TOf
"2. Resolution 2025-41, Amendment to Professional Services Ag
reement Hearing Examiner" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2025-10-31 - 10:26:35 PM GMT
Document emailed to Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) for signature
2025-10-31 - 10:26:39 PM GMT
Email viewed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
2025-11-03 - 5:44:45 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2025-11-03 - 5:45:00 PM GMT - Time Source: server
Agreement completed.
2025-11-03 - 5:45:00 PM GMT