HomeMy WebLinkAbout21-087.01KottkampYedinak&EsworthyPLLCHearingExaminerServicesCONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
SPOKANE VALLEY AND KOTTKAMP, YEDINAK & ESWORTHY, P.L.L.C.
Spokane Valley Contract #21-087.01
For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the
Consultant mutually agree as follows:
1. Purpose: This Amendment is for the Contract for Hearing Examiner Services by and between the Parties,
executed by the Parties on June 28, 2021. Said contract is referred to as the "Original Contract" and its
terms are hereby incorporated by reference.
2.Oriainal Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the
Original Contract and any amendments thereto which are not specifically modified by this Amendment.
3. Amendment Provisions: The Original Contract is subject to the following amended provisions, which
are attached hereto as Appendix "A". All such amended provisions are hereby incorporated by reference
herein and shall control over any conflicting provisions of the Original Contract, including any previous
amendments thereto.
4. Compensation does not change as a result of this Amendment. The rates are attached to the Original
Contract as Exhibit B.
The parties have executed this Amendment to the Original Contract this 6 da of
� Y �- ��r3�, 2025
CITY OF SPOKANE VALLEY:
John Hohman
City Manager
APPROVED AS TO FORM:
40ffic the Ci Attorney
CONSU TANT:
Andrew Kottkamp
Its: Authorized Representative
APPENDIX "A"
Section 12 of the Original Contact is amended to read as follows:
12. Indemnification and Hold Harmless.
A. Consultant indemnification. Consultant shall, at its sole expense, defend, indemnify, and hold
harmless City and its officers, agents, and employees, from any and all claims, actions, suits,
liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any
nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or
omissions in the services provided by Consultant, Consultant's agents, subcontractors,
subconsultants, and employees to the fullest extent permitted by law, subject only to the
limitations provided below.
B. Notwithstanding the provisions of subsection 12(A) above, 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 when and
to the extent damage results from wrongful acts of the Contractor that constitute an exercise
of the Contractor's quasi-judicial authority as the Hearing Examiner or Pro Tem Hearing
Examiner for the City.
C. City indemnification. The City agrees to defend, indemnify, and hold Consultant harmless
from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation,
expenses, injuries, and damages of any nature whatsoever relating to or arising out of the
wrongful or negligent acts, errors, or omissions of the City, City's officers, agents, and
employees.
D. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability,
including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's
negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance,
Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
2