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HomeMy WebLinkAboutEdward T. Crawford for Forfeiture Hearing Officer . , . ; 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 i 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 : i � 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, �, ; 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: I 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. i I 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 � j Page 1 of 6 � respects, any addendum shall supplement and be construed in accordance with the terms and iconditions of this Agreement. ; 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 ; 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 ; Page 2 of 6 ,; � � � ; S 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. I 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. � 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. � 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. i 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: I Page 3 of 6 , 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 , 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. ; 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. � i � � Page 4 of 6 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 _ 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. Page 5 of 6 . ° � 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 ^�' . ` e �,�, ' ��� 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 Page 6 of 6