HomeMy WebLinkAboutAgreement for Property Seizure and Forfeiture Hearings Officer ServicesCITY OF AUBURN AGREEMENT
FOR PROPERTY SEIZURE AND FORFEITURE
HEARINGS OFFICER SERVICES
THIS AGREEMENT made and entered into on this 1 day of N�a , 2019,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and James Kelly 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/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, 9A.83.030, 10.105.010, 19.290.230 and 46.61.5058 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
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which case the terms and conditions of any such addendum shall control. In all other
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. 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.
5. 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 one hundred and
fifty dollars and zero cents ($150.00) 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 forfeiture hearings, provided that on any occasion that the Hearing
Officer appears for a 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 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.
6. 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 February, 2019, and shall terminate on the 31St day of
December, 2019, unless otherwise agreed to in writing by the parties.
7. 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
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Hearings Officer shall continue to make a good faith effort to cooperate and continue
work toward successful completion of assigned duties and responsibilities.
8. Insurance
The Hearings Officer shall procure and maintain for the duration of this Agreement
professional liability insurance with minimum liability limits of $1,000,000.00.
The Hearings Officer's insurance coverage shall be primary insurance as respects the
City. Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Hearings Officer's insurance and shall not contribute with it. The
insurance shall be endorsed to state that coverage shall not be cancelled by either party,
except after 30 days prior written notice by certified mail, return receipt requested, has
been given to the City
9. Administration of Agreement
This Agreement shall be administered by James Kelly, 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:
City of Auburn
Auburn City Hall
25 West Main Street
Auburn, WA 98001-4998
Ph. (253) 931-3000
Fx. (253) 931-3053
Hearings Officer
James Kelly
jkelly0114@comcast.net
10. 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, to
the above email addresses, or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed to the address for the
party set forth above.
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
section of the Agreement.
11. 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.
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12. 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.
13. 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.
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 this Agreement.
14. 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.
15. 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.
16. 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.
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17. 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.
18. 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.
19. 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
VV-1fliarn Pearson,
City of Auburn Chief of Police
HEARINGS OFFICER
1—A'r�-
Jamk Kelly
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