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HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Sheriffs Office REQUEST SUBMITTED BY: Beau Lamens CONTACT PERSON ATTENDING ROUNDTABLE: Terrie Smith CONFIDENTIAL INFORMATION: ❑YES ©NO DATE: 6/26/2026 PHONE:5097601948 DAgreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase [:]Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel El Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB UGGESTEG: OR N III -op FOR AGE4am' , + , y Contract • Professional Services Hearing Examiner. Previous examiner retired and it is necessary to have a new hearing examiner to maintain government efficiency. Reoccurring financial impact based on use. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION: b �'�i(-� DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D2: D3: WITHDRAWN: 4/23/24 CONTRACT FOR PROFESSIONAL SERVICES (Hearing Examiner) THIS AGREEMENT, by and between Grant County, Washington (the COUNTY), a third class county, duly organized and operated under and by virtue of the Constitution and the laws of the State of Washington, acting by and through its duly authorized officers, and Jay Eyestone, Hearing Examiner (the CONTRACTOR). RECITALS: WHEREAS, RCW 7.120.020 provides, in civil asset (felony) forfeiture proceedings, for the chief law enforcement officer of the seizing agency to appoint a designee to hear such proceedings; and WHEREAS, RCW 69.50.505 provides, in Uniform Controlled Substances Act (UCSA) forfeiture proceedings, for the chief law enforcement officer of the seizing agency to appoint a designee to hear such proceedings; and WHEREAS, GCC 9.07.050 and GCC 9.07.080 provide for appeals of a declarations of dangerous dogs or potentially dangerous dogs to a hearing examiner; and WHEREAS, the BOCC has determined that it would make the wisest use of limited County resources to continue to discharge the felony forfeiture, UCSA forfeiture, and dangerous/potentially dangerous dog Hearing Examiner's duties and responsibilities by and through an independent contractor; and WHEREAS, the parties hereto desire to set forth their agreement to continue the provision of Hearing Examiner services to the COUNTY. Now, Therefore, in consideration of the mutual promises and covenants herein, each party agrees as follows: SECTION 1: PURPOSE CONTRACTOR agrees to perform the following professional services for the COUNTY: As authorized by the BOCC, to hear proceedings in the capacity of Hearing Examiner and render final decisions related to felony forfeiture hearings, UCSA. forfeiture hearings, dangerous/potentially dangerous dog adjudication hearings and any other matter that the BOCC may administratively assign to the CONTRACTOR. In this regard, CONTRACTOR shall receive and examine all available information, conduct public hearings, record a verbatim record thereof, enter written Findings of Fact, Conclusions of Law and Decisions, and on appeals, report his decision to the Grant County Sheriff's Office and the Grant County Prosecutor's Office. CONTRACT FOR PROFESSIONAL SERVICES, :HEARING EXAMINER Page 1 SECTION 2: SERVICES In order to appropriately accomplish the duties specified in Section 1 above, it is agreed that CONTRACTOR shall do and provide the following: A. Reasonable and necessary office, equipment and support staff. B . Personal transportation to and from public hearings, and to and from sites which he will view, as appropriate. The Grant County Sheriff's Office prefers hearings to be conducted virtually (e.g., Microsoft Teams, Zoom, etc.). CONTRACTOR agrees that hearings shall be conducted virtually, unless an in person hearing is demanded or deemed necessary by CONTRACTOR to conduct the hearing. C. View sites when deemed necessary. D. Produce in writing all Hearing Examiner's Findings of Fact, Conclusions of Law and Decisions. E. Provide one (1) original report of Findings of Fact, Conclusions of Law and Decisions (or as required by law or regulation) for each case, by delivering same to the Grant County Sheriff's Office and one (1) copy delivered to the Grant County Prosecutor's Office, within any time constraints imposed by law. F. Report annually, in writing, a brief summary of CONTRACTOR's decisions and recommendations, if any, for improvement to the COUNTY Hearing Examiner system, and/or relevant county ordinances. SECTION 3: COUNTY RESPONSIBILITIES The County shall furnish, through its departments, the following: A. Seizure notification letter, claimant's claim letter, hearing notice letter, law enforcement reports and all other exhibits (e.g. pictures, declarations) the COUNTY will rely on for a particular forfeiture hearing or dangerous/potentially dangerous dog determination shall be furnished by the Grant County Sheriff's Office to CONTRACTOR five (5) working days prior to the hearing. All such materials for the hearings may be mailed, faxed or emailed to the CONTRACTOR. B . The Grant County Sheriff s Office will be responsible for the scheduling of all the hearings before CONTRACTOR; shall send out notices of hearings and decisions; shall make all the required copies of said decisions and correspondence; and shall keep and maintain all official files and records of the hearings, and do all other things necessary to administratively process said materials. C. It is anticipated that there will be time when CONTRACTOR cannot serve because of illness, vacation, conflict of interest, appearance of fairness, or other comparable reasons. On these occasions, the BOCC may appoint one or more Hearing Examiners Pro Tem. CONTRACT FOR PROFESSIONAL SERVICES, HEARING EXAMINER Page 2 to serve during said period after consultation with CONTRACTOR if requested. The BOCC shall be responsible for compensation for Hearing Examiners Pro Tem, serving pursuant to this subsection. SECTION 4: DIRECTION OF WORK CONTRACTOR shall be responsible solely to the BOCC for the execution of the Agreement. CONTRACTOR shall conduct hearings and make independent decisions by applying the facts as received, to the law. SECTION 5: COMPENSATION The COUNTY shall pay CONTRACTOR under this Agreement the sum of Two Hundred and No/1 00 Dollars ($200.00) per hour, excluding "travel time" to and from the hearing room in Ephrata, Washington, to conduct hearings. Services are inclusive of support services at CONTRACTOR's office, and are based on a one -quarter hour minimum. The County shall compensate CONTRACTOR for "travel time" at the rate of One Hundred and no/100 Dollars ($100.00) per hour, to and from his office in Wenatchee, Washington to the hearing room in Ephrata, Washington. Billings to the COUNTY for services rendered herein and expenses incurred, will be submitted by CONTRACTOR through Kottkamp, Yedinak & Esworthy, PLLC. Payment for the services and expenses of CONTRACTOR shall be directed to Kottkamp, Yedinak & Esworthy, PLLC. SECTION 6: INDEPENDENT CONTRACTOR STATUS This Contract is professional in nature; the COUNTY contracts only for the professional services of Contractor as described herein. CONTRACTOR shall furnish services as an independent contractor and nothing herein shall be construed to create a relationship of employer -employee or master -servant between CONTRACTOR or his staff and the COUNTY, but all payments hereunder and all services performed shall be made and performed pursuant to this Agreement, by CONTRACTOR as an independent contractor. Neither CONTRACTOR nor his employees shall have any right to compensation or benefits from the COUNTY except as expressly provided herein. SECTION 7: CONFLICTS Neither CONTRACTOR, nor any employee or agent of CONTRACTOR, including without limitation, any and all attorneys employed thereby or otherwise associated therewith, shall undertake any employment or be otherwise associated with any action, litigation, etc., which is contrary to the best interests of the COUNTY, including without limitation, involvement with any legal action, litigation and/or administrative process involving the COUNTY, and/or its elected officials, officers and/or employees, in their professional capacities. CONTRACT FOR PROFESSIONAL SERVICES, HEARING EXAMINER Page 3 SECTION S: ASSIGNMENT This Agreement may not be assigned without the prior written authorization of the other party. SECTION 9: AUTHORITY The undersigned represent and warrant that they are authorized to enter into this Agreement on behalf of the parties. SECTION 10: TERM This Agreement shall be in full force and effect pursuant to the terms and conditions herein, commencing August 1, 2026 through December 31, 2029, after which time this Agreement shall continue on a biannual basis until it is either renewed or is terminated in accordance with the provisions of Section 11 of this Agreement. SECTION 11: TERMINATION This Agreement may be terminated by either party, without cause, upon written notice thereof. The COUNTY may provide notice of immediate termination. CONTRACTOR shall provide the COUNTY with thirty (30) days written notice. SECTION 12: INDEMNIFICATION The County hereby agrees to hold harmless, indemnify and defend CONTRACTOR from and against any and all claims brought against Contractor in his individual capacity or in his official capacity for any acts or omissions occurring during and/or within the scope of the duties of the Hearing Examiner. CONTRACTOR shall indemnify, defend and hold the County harmless for all demands, claims for acts or omissions occurring outside the scope of Provider's duties as Hearing Examiner. SECTION 13: NOTICES All notices and/or written communications required or permitted to be given or served by any party hereto upon any other, shall be deemed given or served in accordance with the provisions contained herein, by delivering personally, or mailed, postage prepaid and properly addressed, as follows: If to the COUNTY: Caitlin Manell, Clerk of the Board Board of County Commissioners Office Grant County Courthouse PO Box 37 Ephrata WA 98823-0037 CONTRACT FOR PROFESSIONAL SERVICES, .HEARING EXAMINER 'Page 4 If to CONTRACTOR: Jay Eyestone PO Box 1667 Wenatchee WA 98807-1667 SECTION 14: ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties, and supersedes all prior agreements, contracts and understandings, written or oral. This Agreement may be amended in only in a writing, signed by the parties. SECTION 15: NO WAIVER No failure of the parties to insist on the strictest performance of any term of this Agreement shall constitute a waiver of any such term or an abandonment of this Agreement. SECTION 16: SEVERABILITY If any term, provision, covenant or condition of this Agreement shall be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the Agreement shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. To this end, the provisions of this Agreement are declared to be severable. SECTION 17: HEADINGS NOT CONTROLLING Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. SECTION 18: JURISDICTION This Agreement has been and shall be construed as having been made by both parties, and delivered within the State of Washington, and it is agreed by the parties hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. SECTION 19: DISPUTES The parties mutually agree to resolve any disputes regarding interpretation or enforcement of the terms and conditions of this Agreement by good faith negotiation. SECTION 20: EFFECTIVE DATE This Agreement shall be effective August 1, 2026, and shall terminate only upon the written mutual consent of the parties, except as may be otherwise provided elsewhere in this Agreement. CONTRACT FOR. PROFESSIONAL SERVICES, .HEARING EXAMINER Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year as set forth herein. DATED this 24th day of CONTRACTOR June , 2026. JA YESTONE, Hearing Examiner CONTRACT FOR PROFESSIONAL SERVICES, HEARING EXAMfNER Page 6 Grant County has caused this instrument to be executed by its proper officers on the date below. Date: iA(39?-(o BOARD OF COUNTY COMMISSIONERS u, �i, ' GRANT COUNTY, WASHINGTON ..�� % C off•••• ~. i SEA Cn %cootf.- Kevin R. Burg s Chair .ro .'` ���lilll t 11111111����1 ATTEST: R Jones, V' e- air Caitlin E. Manell Clerk of the Board k1ndy r, P -i� APPROVED AS TO FORM: Trevor R. Bevier, WSBA #47989 Grant County Prosecutor's Office Civil Deputy Prosecuting Attorney Date: CONTRACT FOR PROFESSIONAL SERVICES, HEARING EXAMINER Page 7