HomeMy WebLinkAboutEdward T. Crawford for Forfeiture Hearing Officer .
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; CI'�Y OF �IJ�U1�T 1�GREE1�1`1T
; FOlt PIZOPEIZI'Y SEIZgT� Al�TD I+,O1Z�I'�IJl�
! �IE�Il�tG OI+�ICEit SEI�VICES
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THIS AGREEMENT made and entered into on this ��. day of
2016, by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter�eferred to as"City"and Edward T. Crawford hereinaftei referred to as the"Hearings
Officer." '
WITNESSETH :
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WHEREAS, the City is engaged in or readying itself to be engaged in conducting
forfeiture liearings following the seizure of property, and is in need of services of individuals,
employees or firms to conduct such foTfeiture 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,
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WHEREAS, the Hearings Officer is qualified and able to provide hearings services in
connection vvith the City's needs for the above-described worWproject,and is willing and agrees
to provide such services upon the terms and conditions herein contained.
NOW,TF�REFORE,the parties hereto agree as follows:
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1. ScoDe of Services
The�Hearings Off cer agrees to perform i_n 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, 9A.83.03U, 10.105.010, 19.290.230 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
intojany partnership,joint venture,employment or other relationship with the City.
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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 jexecution 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
terrris 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
con ihons of this Agreement except where the addendum provides to the contrary, in
whi�h case th.e 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 iconditions of this Agreement.
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3. Performance of Additional Services Prior to Ezecution of an Addendam
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
commeneement 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 iate of
compensation to be agreed to in connection therewith. 'The invoice pcocedure for any
such additional services shall be as described in Section 7 of this Agreement.
4. �earings Officer's Renresentations
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. Citv'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. 'i Arrange for access to the property or facilities as required for the Hearings Officer
to perform the services provided for herein.
d. ' EaLa.mine 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. I
6. Acceatable Standards I
The Hearings Off cer shall be responsible to provide, in connection with the services �i
coritemplated in this Agreement, wark product and services of a quality and professional ,
standard acceptable to the City. i
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7. Comoensation
As i 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
($9..0.00) per month for general processing, review and signing of Orders, Subpoenas and
otlier documents related to the City's forfeiture hearings, and sha11 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), regazdless of the
length of the hearing(s). The Hearings Officer sha.11 submit to the City an invoice oi
statement of time spent on tasks included in the scope of work provided herein, and the
Ciry shall process the invoice or statement in the nea�t billing/claim cycle following
receipt of the invoice or statement, and shall remit payment to the Hearings Offieer
thereafter in the normal course, subject to any conditions or provisions in this Agreement
or acldendum.
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8. Time for Performance_and Term of A�reement
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
wri�ing 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 1�`day of January, 2017, and sha11 terminate on the 31�` day of
December,2017,unless otherwise agreed to in writing by the parties.
9. Owneashi and Use of Docuffients
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")
shal�l be owned by and become the progerty 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
rrtaterials related to the Hearings Officer's performance of this Agreement.
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10. Records Insuection and Audit
All ','compensation payments shall be subject to the adjustments for any amounts found
upon audit or othervvise 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.
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11. Co I tinuation of Pee-formance
In tlie event that ariy dispute or conflict arises between the parties while this Contract is in
effect, the Hearings Officer agrees that, notwithstanding such dispute or conflict, the
He_arings Officer shall continue to make a good faith effort to cooperate and continue
work toward successful completion of assigned duties and responsibilities.
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12. Administ�ation of A�reement
This Agreement shall be administered by Edward T. Crawford, on behalf of the Hearings
Offi'cer, and by the Mayor of the City, or designee, on behalf of the City. Any written
notices required by the terms of this Agreeinent shall be served on or mailed to the
following addresses:
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Citrtv of Anbnrn Hearin�s Officer
Auliurn City Hall Edward T. Crawford
25 West Main Street 2502 Island Drive NW
Auburn,WA 98U01-4998 Olympia, WA 98502
Ph. (253)931-3000 Ph. (360) 866-9087
Fx.(253)931-3053
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13. Notices
All �notices or communications permitted or required to be given under this Agreement
shalil 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
rece,ipt 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 ehange his, her or its address by giving notice in writing, stating his, her
or its new address, to any other party, all pursuant to the procedure set forth in this
section of the Agreement.
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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 Agreeinent 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, modifcation 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 eartent 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 tliis Agreement.
16. Termination and Susoension
Either party may terminate this Agreement upon written notice to the other party if the
othei party fails substantially to perform in accordance with the terms of this Agreement
through no fault of the party terminating the Agreement.
The iCity may terminate this Agreement upon not less than seven (7) days written notice
to ttie Heazings Officer if the services provided for herein are no longer needed from the
Heatings O�cer.
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If this Agreement is terminated through no fault of the Hearings Offcer, 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 upon, 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 Prev�ilinE Partv
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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. Anplicabte 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 applicabie statute of limitation shall
commence no later than the substantial completion by the Hearings Officer of the
services.
20. Cautions,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 pazagraph or sections to
which they apply. As used herein,where appropriate,the singular sha11 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 whatscever, such illegality or invalidity shall not affect
the validity of the remainder of this Agreement.
22. Entire Asreement
This Agreement contains the entire understanding of the parties hereto in respect to tlie
transactions contemplated hereby and supersedes a11 prior agreements and understandings
between the parties with respect to such subject matter.
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23. Counteraarts
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 parey.
iN WTTNESS WHEREOF,the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN HEARINGS O�'FICEit
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ancy Bac Mayor Edward T. Crawford
Attest:
�-,c�ro,aG��
Danielle E.Daskam City Clerk
Approv as to form:
Daniel B. eid, ity Atto e
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