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HomeMy WebLinkAboutAgreements/Contracts - Development ServicesGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Development Services & PAO DATE: 7/9/26 REQUEST SUBMITTED BY: Jim Anderson -Cook CONTACT PERSON ATTENDING ROUNDTABLE: Jim Anderson -Cook CONFIDENTIAL INFORMATION: DYES ©NO PHONE: 2522 kog ILVIN-19111;F-AT41m, I ©Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget El Computer Related ❑County Code ❑Emergency Purchase El Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing El Invoices / Purchase Orders ❑Grants — Fed/State/County ❑Leases ❑MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel El Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB ,,..,,.- - -------- D Contract- --- ---- --- --- --- - ------------- •r Professional Services - Grant County• • and Andrew Kottkamp (Pro Tem). The term of the agreement is from August 1, 2026 through December 31, 2029. Compensation at $250.00 per hour and $150.00 per hour travel time. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION:Z/V-- APPROVE: DENIED ABSTAIN D1: Kj� 9-. D2: D3: DEFERRED OR CONTINUED TO: WITHDRAWN: 14/23/24 CONTRACT FOR PROFESSIONAL SERVICES (Hearing Examiner) THIS AGREEMENT, by and between Grant County, Washington (the COUNTY), a third class county, duly organized and operated under and by virtue of the Constitution and the laws of the State of Washington, acting by and through its duly authorized officers and, Jay Eyestone, Hearing Examiner and Andrew L. Kottkamp, Hearing Examiner Pro Tem (collectively referred to herein as CONTRACTOR), Recitals: WHEREAS, the Board of County Commissioners (BOCC) created the Office of the Grant County Hearing Examiner (Hearing Examiner) by and through Grant County Unified Development Code Chapter 25.32; and WHEREAS, the BOCC has determined that, given the current workload for the Hearing Examiner and the anticipated workload in the foreseeable future, it would make the wisest use of limited County resources to continue to discharge the Hearing Examiner's duties and responsibilities by and through an independent contractor; and WHEREAS, the parties hereto desire to set forth their agreement to continue the provision of Hearing Examiner services to the COUNTY. Now, Therefore,, M" consideration of the mutual promises and covenants herein, each party agrees as follows: SECII.O.N 1; ,PURPOSE CONTRACTOR agrees to perform the following professional services for the COUNTY: A. To hear and act as authorized by the BOCC in conducting hearings related to the County land use regulatory laws pursuant to Grant County Unified Development Code Chapter 25.32, as amended and the County Building regulatory laws pursuant to Grant County Ordinance. In this regard, CONTRACTOR shall act as the Grant County Hearing Examiner (Hearing Examiner) and shall receive and examine all available information, conduct public hearings, record a verbatim record thereof, enter written Findings, Conclusions and Decisions, and on appeals, report his decision to the BOCC on any of the following matters which may be assigned to him: 1 Applications for land use Conditional Use Permits under Title 23 (Zoning) Grant County Unified Development Code (UDC). 2. Appeals of decisions or determinations of the Administrative Official. CONTRACT FORPROFESSIONAL SERVICES, HEARING EXAMINER Page I 3. Submit a written report to the Grant County BOCC, briefly summarizing CONTRACTOR!s decisions and recommendations for the one (1) year preceding said report. The Planning Department and the Prosecuting Attorney's Office shall be provided with a copy of said report. 4. If requested, a meeting with the Grant County BOCC at least once per year, for the purpose of reviewing the policies contained in the COUNTY's Comprehensive Plan and the admiDistration of same. 5. Code Enforcement pursuant to GCC 25.16. 6. Building Code and Permit appeals pursuant to GCC 14.04. 7. Any other matters specifically assigned to CONTRACTOR by the BOCC. S.E.CTIQ.N 2: SERVICES .In order to appropriately accomplish the duties specified in Section I above, it is agreed that CONTRACTOR shall do and provide the following: A. Personal transportation to and from public hearings, and to and from sites which he will view, as appropriate. B. View all sites when deemed necessary. C. Produce M* writing all Hearing Examiner's Findings, Conclusions and Decisions. D. Reasonable and necessary office, equipment and support staff. E. One (1) original report of Findings, Conclusions and Decisions (as required by law or regulation) for each case, by delivering same to the Grant County Planning Department and one (1) copy delivered to the BOCC, within the time constraints imposed by law. F. Report annually, in writing, a brief summary of CONTRACTOR!s decisions and recommendations, if any, for improvement to the COUNTY Hearing Examiner system, and/or the County's land use and building policies and/or regulations. SECTION 3: COUNTY ,RESPQN—L1B1LIT1ES The County shall famish, through its departments, the following: A. Written staff reports to CONTRACTOR five (5) working days prior to hearing, as well as maps and such other exhibits as may be necessary regarding each matter to be Beard, and shall be responsible for the scheduling of all the hearings before CONTRACTOR; shall send out notices of hearings and decisions; shall make all the required copies of said decisions and correspondence; and shall keep and maintain all official files and records of the hearings, and do all other things necessary to administratively process said materials. CONTRACT FOR PROFESSIONAL SERVICES, HEARING EXAMINER Page 2 B. The BOCC and other County staff shall ftu-nish an appropriate hearing room, speaking system, recording system and recording media; and shall capture a complete, verbatim audio -record of public hearings. C. It is anticipated that there will be time when CONTRACTOR cannot serve because of illness, vacation, conflict of interest, appearance of fairness, or other comparable reasons. On these occasions, the BOCC may appoint one or more Hearing Examiners Pro Tem, to serve during said period after consultation with CONTRACTOR if requested. The BOCC. shall be responsible for compensation for Hearing Examiners Pro Tem, serving pursuant to this subsection. SECTION 4: DIRECTION OF WORK CONTRACTOR shall be responsible solely to the BOCC for the execution of the Agreement. CONTRACTOR shall conduct hearings and make independent decisions by applying the facts as received, to the law. SECTION 5: COMPENSATION The COUNTY shall pay CONTRACTOR under this Agreement the sum of Two Hundred Fifty and No/1 00 Dollars (250.00) per hour, excluding "travel time" to and from the hearing room in Ephrata, Washington, to conduct hearings. Services are inclusive of support services at CONTRACTOR!s office, and are based on a one -quarter hour minl*mum. The County shall compensate CONTRACTOR for "travel time" at the rate of One Hundred Fifty and no/ 100 Dollars ($1. 5O.O0} per hour, to and from his of -flee in Wenatchee, Washington to the hearing room in Ephrata, Washington. Billings to the COUNTY for services rendered herein and expenses incurred, will be submitted by CONTRACTOR through Kottkamp, Yedinak & Esworthy, PLLC. Payment for the services and expenses of CONTRACTOR shall be directed to Kottkamp, Yedinak & Esworthy, PLLC. SECTION,6: INDEPENDENT CONTRACTOR STATUS This Contract is professional in nature; the COUNTY contracts only for the professional services of Contractor as described herein. CONTRACTOR shall fin-nish services as an independent contractor and nothing herein shall be construed to create a relationship of employer -employee or master -servant between CONTRACTOR or his staff and the COUNTY, but all payments hereunder and all services performed shall be made and performed pursuant to this Agreement, by CONTRACTOR as an independent contractor. Neither CONTRACTOR nor his employees shall have any right to compensation or benefits from the COUNTY except as expressly provided herein. CONTRACT FOR PROFESSIONAL SERVICES.., HEARING EXAMINER Pacre 3 SECTIOLK70* CONFLICTS Neither CONTRACTOR, nor any employee or agent of CONTRACTOR, including without limitation, any and all attorneys employed thereby or otherwise associated therewith, shall undertake any employment or be otherwise associated with any action, litigation, etc., which is contrary to the best interests of the COUNTY, including without limitation, involvement with any legal action, litigation and/or administrative process involving the COUNTY, and/or its elected officials, officers and/or employees, in their professional capacities. SECTION &ASSIGNMENT This Agreement may not be assigned without the prior written authorization of the other I M., SECTION 9: AUTHORITY The undersigned represent and warrant that they are authorized to enter into this Agreement on behalf of the parties. This Agreement shall be in full force and effect pursuant to the terms and conditions here* commencing August 1, 2026 through December 31, 2029, after which time this Agreement shall continue on a biannual basis until it is either renewed or is terminated m' accordance with the provisions of Section 11 of this Agreement, This Agreement may be terminated by either party, without cause, upon written notice thereof. The COUNTY may provide notice of immediate termination. CONTRACTOR shall provide the COUNTY with thirty (30) days written notice. SECTION 12: INDEMNIFICATION The County hereby agrees to hold harmless, indemnify and defend CONTRACTOR from and against any and all claims brought against Contractor in his individual capacity or in his official capacity for any acts or omissions occurring during and/or within the scope of the duties of the Hearing Examiner. CONTRACTOR shall indemnify, defend and hold the County harmless for all demands, claims for acts or omissions occurring outside the scope of Provider's duties as Hearing Examiner. I CONTRACT FOR PROFESSIONAL SERVICES. HEARING EXAMINER Page 4 SE All notices and/or written communications required or permitted to be given or served by any party hereto upon any other, shall be deemed given or served in accordance with the provisions contained herein, by delivering personally, or mailed, postage prepaid and properly addressed, as follows: If to the COUNTY: Caitlin Manell, Clerk of the Board Board of County Commissioners Office Grant County Courthouse PO Box 37 Ephrata WA 98823-0037 If to CONTRACTOR: Jay Eyestone PO Box 1667 Wenatchee WA 98807-1667 SE(;T10N_14-.ENTIRE AGREEMENT This Agreementconstitutes the entire agreement of the parties, and supersedes all prior agreements, contracts and understandings, written or oral. This Agreement may be amended in only in a writing, signed by the parties. SEC11QM15LNQaA1M No failure of the parties to 'insist on the strictest performance of any term of this Agreement shall constitute a waiver of any such term or an abandonment of this Agreement. SECTjQNjfiJ-,.EVERABILITY If any term, provision, covenant or condition of this Agreement shall be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the Agreement shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. To this end, the provisions of this Agreement are declared to be severable. SECTION 1,2: HEADINGS NOT CONTROLLING Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. SE,!LT1. QN18.:-RJR1D1CTI0N This Agreement has been and shall be construed as having been made by both parties, and delivered within the State of Washington, and it is agreed by the parties hereto that this .Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. CONTRACT FOR PROFESSIONAL SERVICES, HEARING EXAMINER Page 5 SECTION 19: DISPU The parties mutually agree to resolve any disputes regarding interpretation or enforcement of the terms and conditions of this Agreement by good faith negotiation. SECTION 20: EFFECTIVE DATE This Agreement shall be effective August 1, 2026, and shall terminate only upon the written mutual consent of the parties, except as may be otherwise provided elsewhere in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year as set forth herein. below. Grant County has caused this instrument to be executed by its proper officers on the date DATED this ILA day of .2026. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON 0 U N Ty DISTRICT I KEVIN BURGEK§ ti L ar co: cn 9 SEA r^�"" Uj vol R6STRICT 2 co CIDY z CN CA. TER DISI;kkT 3 TT/ A JAtkYESTUNE, Hearing Examiner � WNDREW KOTTKAMP, Hearing Examiner Pro Tern CONTRACT FOR PROFESSIONAL SERVIK."ES, HEARING EXAMINER P 6