HomeMy WebLinkAboutProperty Seizure and Forfeiture Hearing Officer ServicesQ. 3 At.
CITY OF AUBURN AGREEMENT
FOR PROPERTY SEIZURE AND FORFEITURE
HEARING OFFICER SERVICES
THIS AGREEMENT made and entered into on this .1 day of TeM ,019.,
2011, by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and Edward T. Crawford hereinafter referred to as the "Hearings
Officer."
WITNES SETH:
WHEREAS, the City is engaged in or readying itself to be engaged in conducting
forfeiture hearings following the seizure of property, and is in need of services of individuals,
employees or firms to conduct such forfeiture hearings; and,
WHEREAS, the City desires to retain the Hearings Officer to provide certain services in
connection with the City's work on said work/project; and,
WHEREAS, the Hearings Officer is qualified and able to provide hearings services in
connection with the City's needs for the above - described work/project, and is willing and agrees
to provide such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services.
The Hearings Officer agrees to perform in an ethical and professional manner the tasks
required of him/her in connection with the processing and adjudication of claims made
pursuant to Sections 69.50.505, 983.030, 10.105.010 and 9.68A.120 of the Revised Code
of Washington, and any related or derivative actions in furtherance thereof. The
Hearings Officer shall perform the services as an independent contractor and shall not be
deemed, by virtue of this Agreement and the performance thereof, to have entered into
any partnership, joint venture, employment or other relationship with the City.
2. Additional Services.
From time to time hereafter, the parties hereto may agree to the performance by the
Hearings Officer of additional services with respect to related work or projects. Any
such agreement(s) shall be set forth in writing and shall be executed by the respective
parties prior to the Hearings Officer's performance of the services there under, except as
may be provided to the contrary in Section 3 of this Agreement. Upon proper completion-
and execution of an addendum (agreement for additional services), such addendum shall
be incorporated into this Agreement and shall have the same force and effect as if the
terms of such addendum were a part of this Agreement as originally executed. The
performance of services pursuant to an addendum shall be subject to the terms and
conditions of this Agreement except where the addendum provides to the contrary, in
which case the terms and conditions of any such addendum shall control. In all other
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respects, any addendum shall supplement and be construed in accordance with the terms .
and conditions of this Agreement.
3. Performance of Additional Services Prior to Execution of an Addendum.
The parties hereby agree that situations may arise in which services, other than those
required on a regular basis, are desired by the City and the time period for the completion
of such services makes the execution of an addendum impractical prior to the
commencement of the Hearings Officer's performance of the requested services. The
Hearings Officer hereby agrees that it shall perform such services upon the oral request of
an authorized representative of the City pending execution of an addendum, at a rate of
compensation to be agreed to in connection therewith. The invoice procedure for any
such additional services shall be as described in Section 7 of this Agreement.
4. Hearings Officer's Representations.
The Hearings Officer hereby represents and warrants that he has all necessary licenses
and certifications to perform the services provided for herein, and is qualified to perform
such services.
5. City's Responsibilities.
The City shall do the following in a timely manner so as not to delay the services of the
Hearings Officer:
a. Designate in writing a person to act as the City's representative with respect to the
services. The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions with respect to the services.
b. Furnish the Hearings Officer with all information, criteria, objectives, schedules
and standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Hearings Officer
to perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other
documents prepared by the Hearings Officer and render decisions regarding such
documents in a timely manner to prevent delay of the services.
6. Acceptable Standards.
The Hearings Officer shall be responsible to provide, in connection with the services
contemplated in this Agreement, work product and services of a quality and professional
standard acceptable to the City.
7. Compensation.
As compensation for the Hearings Officer's performance of the services provided for
herein, the City shall pay the Hearings Officer the monthly amount of ninety dollars
($90.00) per month for general processing, review and signing of Orders, Subpoenas and
other documents related to the City's forfeiture hearings, and shall further pay the
Hearings Officer the amount of ninety dollars ($90.00) per hour for the time the Hearing
Officer is engaged in the actual hearing of forfeiture hearings, provided that on any
occasion that the Hearing Officer appears for a scheduled forfeiture hearing, the
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minimum compensation to be paid shall be ninety dollars ($90.00), regardless of the
length of the hearing(s). The Hearings Officer shall submit to the City an invoice or
statement of time spent on tasks included in the scope of work provided herein, and the
City shall process the invoice or statement in the next billing/claim cycle following
receipt of the invoice or statement, and shall remit payment to the Hearings Officer
thereafter in the normal course, subject to any conditions or provisions in this Agreement
or addendum.
8. Time for Performance and Term of Agreement.
The Hearings Officer shall perform the required services in accordance with the
scheduling directed by the City's Police Chief or designee, unless otherwise agreed to in
writing by the parties; provided that the scheduling of hearings shall be done in
consultation with the Hearings Officer. The Term of this Agreement shall commence on
the date hereof or on the- -- 1st day of — December , 2011, and shall terminate
on the day of , , 2012, unless otherwise agreed to in
writing by parties.
9. Ownership and Use of Documents._
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
the Hearings Officer as part of his performance of this Agreement (the "Work Products ")
shall be owned by and become the property of the City, and may be used by the City for
any purpose beneficial to the City. It is provided, however, that the Hearings Officer may
maintain, for his/her own records, copies of such documents, reports, memoranda,
diagrams, sketches, plans, surveys, design calculations, working drawings and any other
materials related to the Hearings Officer's performance of this Agreement.
10. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any amounts found
upon audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement shall be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under this Agreement.
11. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Hearings Officer agrees that, notwithstanding such dispute or conflict, the
Hearings Officer shall continue to make a good faith effort to cooperate and continue
work toward successful completion of assigned duties and responsibilities.
12. Administration of Agreement.
This Agreement shall be administered by Edward T. Crawford, on behalf of the Hearings
Officer, and by the Mayor of the City, or designee, on behalf of the City. Any written
notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
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City of Auburn
Auburn City Hall
25 West Main
Auburn, WA 98001 -4998
(253) 931 -3000 FAX (253) 931-3053
Hearings Officer
Edward T. Crawford
2502 Island Dr NW
Olympia, WA 98502
13. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the .United States.mail, postage prepaid, for mailing by certified mail, return
receipt requested, and addressed, if to a party of this Agreement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to this Agreement in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his, her
or its new address, t� any other party, all pursuant to the procedure set forth in this
section of the Agreement.
14. Assignment.
Neither party to this Agreement shall assign any right or obligation hereunder in whole or
in part, without the prior written consent of the other party hereto.- No assignment or
transfer of any interest under this Agreement shall be deemed to release the assignor from
any liability or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
15. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant
to this Agreement.
16. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accordance With the terms of this Agreement
through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written notice
to the Hearings Officer if the services provided for herein are no longer needed from the
Hearings Officer.
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If this Agreement: is terminated through no fault of the Hearings Officer, the Hearings
Officer shall be compensated for services performed prior to termination in accordance
with the rate of compensation provided in Exhibit "B" hereof.
17. Parties in Interest.
This Agreement shall be binding up on, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive
benefit of the parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party, including contractors, sub- contractors and their sureties.
18. Costs to Prevailing Party.
In the event of such litigation or other legal action, to enforce any rights, responsibilities
or obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
19. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the 'State of Washington and venue for any
action hereunder shall be in of the county in Washington State in which the property . or
project is located, and if not site specific, then in King County, Washington; provided,
however, that it is agreed and understood that any applicable statute of limitation shall
commence no later than the substantial completion by. the Hearings Officer of the
services.
20. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections to
which they apply. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
21 Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this Agreement.
22. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter.
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. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective: when one or more counterparts have
been signed by each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
HEARINGS OFFICER
Peter B. Lewis, Mayor Edward T. Crawford
t
Danielle E. Daskam City Clerk
'el B. Heid, City Attorney
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