HomeMy WebLinkAboutEdward T. Crawford Hearing Officer CITY OF AUBURN AGREEIVIENT
FOR PIZOPERTY SEIZURE AleTD FOl�'EI'I'LT1ZE
HEARING OFFICEIZ SERVICES
THIS AGREEMENT made and entered into on this�day of Januarv, 2018, 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."
WITNESSETH :
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/projeet, and is willing and agrees
to provide such serviees 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, 9A,83.030, 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 Offieer shall perform the services as an independent eontractor 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 respeet to related work or projeets. 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 terins
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 terins
and conditions of any such addendum shall control. In all other respects, any addendum
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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. Hearin$s 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 sueh
serviees.
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. Arrange for aceess 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 prepazed 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. Comnensation
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 one hundred and five
dollars and zero cents ($105.00) 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 one hundred and five dollars and zero cents
($105.00) per hour for the time the Hearing Officer is engaged in the actual hearing of
forfeitwe hearings, provided that on any occasion that the Hearing Officer appears for a
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scheduled forfeiture hearing, the minimum compensation to be paid shall be one hundred
and five dollars and zero cents ($105:00), 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 seope of work provided herein, and the City shall process the invoice or
statement in the next billing/claim cycle following reeeipt of the invoice or statement, and
shall remit payment to the Hearings Officer thereafter in the normal course, subjeet to any
conditions or provisions in this Agreement or addendum.
8. Time for Performance and Term of Asreement
The Hearings Officer shall perforin the required services in accordance with the seheduling
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 1 St day of January, 2018, and shall terminate on the 31 St day of December,2018, unless
otherwise agreed to in writing by the 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 Offic.er 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.Ins�ection 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 Asreement
This Agreement shall be administered by Edward T. Crawford, on behalf of the Hearings
Offieer, 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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Citv of Auburn Hearin�s Officer
Auburn City Hall Edward T, Crawford
25 West Main Street 2502 Island Drive NW
Auburn, WA 98001-4998 Olyinpia, 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
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 certif ed mail, return
receipt requested,and addressed,if to a pa.rty 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, to any other party, all pursuant to the procedure set forth in this seetion 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 serviees 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 Prevailin$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. 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 Agreemerit 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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23. 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.
CITY OF AUBURN HEARINGS OFFICER
� �� _ �I
ancy s, Mayor Edward T. Crawford
Attest:
Q.� LA1�L�
Danielle E. Daskam City Clerk
Approved as to form:
iel B. 'd, City Atto ey
,
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