HomeMy WebLinkAbout10-21-2025 Hearing Examiner Contract_Kottmap, Andrew
PROFESSIONAL SERVICES AGREEMENT
FOR HEARING EXAMINER
This Professional Services Agreement for Hearing Examiner and Pro Tem Hearing
Examiner ("Agreement") is entered into effective the 21st day of October, 2025, by and
between the City of East Wenatchee (the "City"), a Washington municipal corporation, and
Andrew L. Kottkamp (Hearing Examiner) 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 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. 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 serve 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
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 represent and warrants that Contractors have
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.
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 Seven Hundred
Dollars ($700), 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 Contractor time. If during Staff review after
consultation with the Contractor it is determined that this matter will
likely take greater than four (4) hours of Contractor time for file review,
conducting of the hearing and drafting and finalizing of the decision,
that the billing shall be Seven Hundred Dollars ($700) 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 has been
found to be unsatisfactory by the Community Development Director within twenty (20)
business days of receipt of any reports or decisions from Contractor. If Contractor 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 Contractor 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 are, 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 agree 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 agree 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
Contractor in future years.
10. Indemnification.
10.1 Hearing Examiner Indemnification. Contractors agree to indemnify,
defend, and hold the City, 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 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.
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 21st 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 on
By:
JAY EYESTONE Jay Eyestone (Nov 26, 2025 09:12:39 PST)
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Jerrilea Crawford
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10-21-2025 Hearing Examiner Contract
Final Audit Report 2025-12-02
Created:2025-11-26
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAvETMK4QsaJqbKmWySMkUTnS85T1LINJL
"10-21-2025 Hearing Examiner Contract" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2025-11-26 - 5:08:16 PM GMT
Document emailed to Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) for signature
2025-11-26 - 5:08:20 PM GMT
Document emailed to Andy Kottkamp (andy@wenatcheelaw.com) for signature
2025-11-26 - 5:08:20 PM GMT
Document emailed to Jay Eyestone (jay@wenatcheelaw.com) for signature
2025-11-26 - 5:08:21 PM GMT
Email viewed by Jay Eyestone (jay@wenatcheelaw.com)
2025-11-26 - 5:08:35 PM GMT
Document e-signed by Jay Eyestone (jay@wenatcheelaw.com)
Signature Date: 2025-11-26 - 5:12:39 PM GMT - Time Source: server
Email viewed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
2025-11-26 - 9:20:13 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2025-11-26 - 9:20:50 PM GMT - Time Source: server
Email viewed by Andy Kottkamp (andy@wenatcheelaw.com)
2025-12-02 - 6:12:37 PM GMT
Document e-signed by Andy Kottkamp (andy@wenatcheelaw.com)
Signature Date: 2025-12-02 - 6:13:30 PM GMT - Time Source: server
Agreement completed.
2025-12-02 - 6:13:30 PM GMT