HomeMy WebLinkAboutR-2024-026 Resolution authorizing a contract agreement with Andrew Kottkamp for Hearing Examiner Pro Tem services RESOLUTION NO. R-2024-026
A RESOLUTION authorizing a contract agreement with Andrew Kottkamp for Hearing
Examiner Pro Tem services.
WHEREAS, the City of Yakima's Department of Community Development receives land
use applications that staff and professionals review; and
WHEREAS, the City of Yakima Planning Division provides staff recommendations for
applications regarding development projects and land use review within the City of Yakima that
must be reviewed by an appointed hearing examiner or hearing examiner pro tern for consistency
and compliance with all of the adopted development regulations and comprehensive plan policies;
and
WHEREAS, the City's development regulations often require that public hearings on land
use and development applications be conducted and, in some instances, that additional
professional review be provided by a technically experienced land use attorney appointed by the
City Council to perform hearing examiner services; and
WHEREAS, the City Council previously directed the City Manager to sign contracts with
Gary Cuillier and Patrick Spurgin for hearing examiner and hearing examiner pro tem services;
and
WHEREAS, there is a matter currently pending which neither Mr. Cuillier nor Mr. Spurgin
are able to hear, so an additional hearing examiner pro tern needs to hear the matter; and
WHEREAS, Andrew Kottkamp is qualified and agrees to provide hearing examiner pro
tem services in the event neither Mr. Cuillier nor Mr. Spurgin are available, in accordance with the
City of Yakima municipal code and laws of the state of Washington; and
WHEREAS, the City Council of the City of Yakima finds it to be in the best interest of the
City and its residents to enter into a contract with Andrew Kottkamp for hearing examiner pro tern
services; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached and incorporated
Professional Services Contract for City of Yakima Hearing Examiner Pro Tem with Andrew
Kottkamp to provide professional hearing examiner services to the City of Yakima in accordance
with City ordinances and state law.
ADOPTED BY THE CITY COUNCIL this 6th day of February, 2024.
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inn 71/ /fC'�if A P
Patricia Byers, Mayor
ATTEST:
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Brandy B adford, Deput City
PROFESSIONAL SERVICES CONTRACT
FOR
CITY OF YAKIMA HEARING EXAMINER PRO TEM
PARTIES:
The parties to this contract are the CITY OF YAKIMA, 129 N. Second Street, Yakima,
Washington 98901 ("City" herein), and ANDREW KOTTKAMP, Attorney at Law, 435 Orondo
Avenue, Wenatchee, Washington 98801 ("Kottkamp" or"Examiner" herein).
RECITALS:
1. City of Yakima utilizes a Hearing Examiner for land use matters occurring
throughout the City, as well as other matters as outlined in the Yakima Municipal Code.
2. The City contracts with a Hearing Examiner, Gary Cuillier, and Hearing Examiner
Pro Tern, Pat Spurgin, however, the City has a need for another Hearing Examiner Pro Tern for
cases where both have a conflict or are unavailable to hear a matter before a hearing examiner.
3. Andrew Kottkamp is willing and able to perform the duties of Hearing Examiner
Pro Tern when the City's other two contracted examiners are unavailable or have a conflict with
a case, and can serve on a case-by-case basis as Hearing Examiner Pro Tern of the City of
Yakima.
AGREEMENT:
1. Engagement of Hearing Examiner. The City hereby hires Kottkamp, and
Kottkamp agrees to serve, as Hearing Examiner Pro Tern for the purposes set forth in the City's
various ordinances and land use regulations. Unless terminated pursuant to paragraph 13, the
term of the engagement of the Hearing Examiner shall be for one (1) year and be on an "on-call"
basis to take cases where the City's Hearing Examiner, and Hearing Examiner Pro Tern, are both
unavailable and/or have a conflict of interest.
2. Character and Extent of Services. Kottkamp shall perform the services of
Hearing Examiner Pro Tern for the City as required in the City's ordinances, as well as other
duties as may be assigned by the Code Administration or Planning Manager from time to time.
3. Case Assignment. The Community Development Director, or their designee, is
responsible for assigning cases. Cases will only be assigned to Kottkamp if the City's Hearing
Examiner and Hearing Examiner Pro Tem Pat Spurgin are unavailable or unable to serve.
4. Additional Duties. The Pro Tem shall coordinate with the Hearing Examiner
when appropriate in order to insure consistency of analysis and efficient decision-making. The
Pro Tem's duty to determine matters efficiently shall include the duty to issue written findings and
conclusions for all matters coming before the Examiner within ten (10) working days of the
conclusion of the hearing on each matter unless a longer period is agreed to in writing by the
applicant.
5. Liaison. The Community Development Director or their representative, shall serve
as the City's liaison with the Pro Tern.
PROFESSIONAL SERVICES CONTRACT -
Hearing Examiner 1
6. Independent Contract. The relationship of the Pro Tern to the City is that of an
independent contractor rendering professional services. The Pro Tern shall have no authority to
execute contracts or to make commitments on behalf of the City, except as authorized herein or
by City ordinances, and nothing contained herein shall be deemed to create the relationship of
employer and employee or principal and agent between the City and the Pro Tern.
7. Professional Fees. The Pro Tern shall be paid by the City for professional
services rendered under this contract at the rate of One Hundred Sixty Five Dollars ($165.00) per
hour.
7.1 In addition to hourly compensation, in the event that the Community Development
Director requests the Pro Tern to undertake out-of-town travel, training activities, acquisition of
specialized reference materials, and participation or membership in planning related
organizations, the Pro Tem shall be reimbursed for direct non-salary expenses incurred for such
out-of-town travel, training costs, costs for specialized reference materials, and planning related
membership participation or membership fees.
7.2 The payment provided in this section shall be full compensation for services rendered,
including all labor, materials, supplies, equipment, and necessary incidentals.
8. Itemized Statements. By the 5th day of each month the Pro Tem will provide to
the City an itemized statement for services and expenses incurred during the previous month.
There shall be an attachment itemizing services rendered for administrative matters, a second
attachment itemizing services rendered for substantive matters, and a third attachment itemizing
out of pocket expenses.
9. Payment Schedule. The City will strive to make payments within thirty (30) days
of the date a statement for services is received.
10. Facilities to be Furnished by Hearing Examiner. The Pro Tern shall furnish and
maintain an office, equipment, library, and clerical staff suitable and adequate for performing the
services to be rendered pursuant to this contract. The City shall provide at its expense hearing
rooms, recording equipment, and related supplies.
11. Ownership of Documents. The record developed before the Pro Tern, including
the Pro Tem's decision or recommendation, shall be the property of the City. The Pro Tem's work
product, consisting of notes, research, and preliminary drafts, shall be the property of the Pro
Tern.
12. Right to Terminate Contract. The Hearing Examiner Pro Tem may be removed
by the City Council pursuant to YMC 1.43.040. For purposes of this paragraph, "cause" shall
include, but not be limited to, a determination by the City Council that the Pro Tem is not giving
due consideration to proper procedure or is not conducting hearings in a prudent manner, giving
due regard to the appearance of fairness doctrine, laws regarding conflicts of interest, and/or
other laws, procedures, and regulations dealing with the subject matter under consideration.
The City or the Pro Tem may terminate this contract for cause or without cause
upon giving the other party ninety (90) days written notice. The Pro Tern shall continue to work
on any pending matters, and the City shall pay for such work, even if it occurs after the 90-day
period.
PROFESSIONAL SERVICES CONTRACT -
Hearing Examiner 2
13. No Personal Liability. The City shall defend, indemnify and hold harmless the Pro
Tern from all liability, loss or damage, including costs of defense they may suffer as a result of claims,
demands, actions, damages, costs or judgments which result from the activities to be performed by
the Pro Tem pursuant to this Agreement. This defense and indemnity agreement does not apply
to claims arising from bad faith or malicious performance by the Pro Tern of their duties herein.
14. Non-Assignment. This contract is personal to the Pro Tem and is not assignable
by the Pro Tern to any other individual.
15. Amendment. This contract can only be amended by the written agreement of
both parties.
16. Interest of Public Officials. No member of the governing body of the City and no
officer, employee, or agent of the City shall have any personal financial interest, direct or indirect,
in this contract. The Pro Tem shall take appropriate steps to assure compliance.
17. Interest of Pro Tern. The Pro Tem covenants that they presently have no interest
and shall not acquire an interest, direct or indirect, in any property, which is the subject of a
proceeding before the Pro Tem, which would conflict in any manner or degree with the
performance of their services hereunder.
19. Term. This contract shall be deemed to have commenced on the date of signature
and shall terminate December 31, 2024, unless prior to said date it is renewed for an additional
period on terms agreeable to the City and the Pro Tem.
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EXECUTED this S day of
CITY OF YAKIMA
By:
blrl, , i y anager
ATTEST: CITY CONTRACT NO c Oa Lt-a2
LUTION NO
YAK,,
By:
Rosalinda Ibarra
City Clerk *�L
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EXECUTED this /0 day of , 2024.
HEART EXAMINER PRO TEM
By:
An ew Kottkamp
PROFESSIONAL SERVICES CONTRACT -
Hearing Examiner 3
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.E.
For Meeting of: February 6, 2024
ITEM TITLE: Resolution authorizing a contract agreement with Andrew Kottkamp
for Hearing Examiner Pro Tem services
SUBMITTED BY: Sara Watkins, City Attorney
*Joseph Calhoun, Planning Manager
SUMMARY EXPLANATION:
The City of Yakima currently contracts with Gary Cuillier and Patrick Spurgin for hearing examiner
services. There is an upcoming matter where neither Mr. Cuillier nor Mr. Spurgin are available to
act as hearing examiner. As such, the City needs to contract with a second hearing examiner pro
tem to hear this upcoming matter. Mr. Kottkamp serves as the hearing examiner for a number of
Washington municipalities and has agreed to act as a hearing examiner pro tem for the City of
Yakima under similar terms and conditions as Mr. Spurgin.
While the amount of the proposed agreement falls within the City Manager's authority, per YMC
1.03.020 appointment of hearing examiners shall be by the City Council.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
D Res-City&Hearing Exam'r Pro Tern Contract 1/17/2024 Resolute
D PSA City&Hearing Exam'r Pro Tern Andrew Kottkamp 1/17/2024 Contract':