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AG 08-019RETURN TO: EXT: � S CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: �,� I C� � 1� 2. ORIGINATING STAFF PERSON: �Gl� � Cf 1G ���Yi EXT: 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): � CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT � SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT O HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. sorm xar..a�n Docar�NTS� � ORDINANCE �'S( CONTRACT AMENDMENT (AG#): O 'OI°I � OTHER 5. PROJECT NAME: ❑ RESOLUTION 0 INTERLOCAL 6. NAME OF CONTRACTOR: ADDRESS: li(J TELEPHONE E-MAIL: FAX: SIGNATURE NAME: �1�cylM'h,T��:.�•5 TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ sCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: ZI ��O� COMPLETION DATE: I 2-I3 I�ZOl� 9. TOTAL COMPENSATION $ � Li� � (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABO CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: � YES ❑ No ff' YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR O CITY � PURCHASING: PLEASE CHARGE TO: (� I' Z�OO "� C��'J "r 'rJ �� 2-�D -" �-I I O 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED O PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (iF a,PPLiC.�,sLE) �.Aw � �0' i � 1 ? �;ce p 11. COUNCIL APPROVAL (IF aPPL�C.e,Bt,E) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: Idll _ DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORIT'Y, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ,� LAW DEPARTMENT ,� SIGNATORY (tv�YOx Ox DrxECTOx) 7� CITY CLERK � ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: INITIAL / DATE SIGNED �A�J� tl•Z •�2 � 2 AG# •- Q 1 DATE SENT: tZ'� • IZ. 11/9 CI�rY ti� C6iY H.�LL �� �� _ y� � �� 3�325 �tli A�den�,e �outli f"" F�+c�erai'�'Jay, }1'+.rts; 98003-c�325 �253} 83�a-7€�t}t� + �.uW:eit,�nfif ���icr.�r�vn)�.c;r�rr,a AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER This Amendment ("Amendment No. 4") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Timothy Allen Jenkins, a sole proprietor ("Hearing Examiner"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Hearing Examiner Services ("Agreement") dated effective February 6, 2008 as amended by Amendment No(s). 1, 2 and 3, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2014 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1 /2010 . � � � ' w► ���. ,!�lyl� , � � . GITY HALL �� 33325 �t11 Aver�uue So�atl� ��clerai `lVay. �r�dA 9�3�i{}3-6325 �2b3 j 83�-7QQC� ;��e�. aatyG7ff<7�e.:a-at�v�� c:�7r�rr IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY . �' / . .�_�.�;. _� -, � :� , DATE: I ��,�� l Z. TIMOHTY ALLEN JENKINS .�-� Alle Je ns PO BOX 4155 Federal Way, WA 98063 DATE: � r S t �--- STATE OF WASHINGTON ) n ) ss. COLTNTY OF Nr 2,y�.� ) ATTEST: City Clerk, Cazol McNeil y, CMC APPROVED AS TO FORM: � City A ey, Patricia A Rich dson On this day personally appeared before me, �y1� o�� `� � ��Pix. Jp•h..�i� rl _ S , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this % day of TERRI S BERRY Ncats � �ubiic STATE OF WASHING' My Commissan E� 11. 2012. (typed/printed na[me of notary) Notary Public in and for the State of Washington. My commission expires lJ �(�`� � l(� AMENDMENT - 2 - 1/2010 RETURN TO: � _ i,1 __ _ EXT: �� Z .L'� YIXN � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: �` C'�� � r 2. ORIGINATING STAFF PERSON: ��,�' �C�1L� r(�S� 1/1 EXT: ��(OZ 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE �Q CONTRACT AMENDMENT (AG#): --e�1 C ❑ OTHER ❑ SECURITY DOCUMENT (E.G. sorm �LaTED DocuMErrrs� ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: � �( � 1(� C,1 �'`�f� V1/111(��' "' �jS�"f' �+(T'C.i� Ve 6. NAME OF CONTRACTOR: ADDRESS: _�� E-MAIL: SIGNATURE NAME: FAX: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS � PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 2I �� �� COMPLETION DATE: IZ� 3 f� I 2 TOTAL COMPENSATION $ ��(7(Q("� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ Z'ES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: O CONTRACTOR 0 CITY ❑ PURCHASING: PLEASE CHARGE TO: (�"� 1 Z� b17 - Oq� - r 72I - ZlD '�I ( l� 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATEREVIEWED INITIAL/DATEAPPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF �PL�CABLE) � LAW �,? - ' � d 11. COUNCILAPPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: I2 '�i �� DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFI ATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED ,�LAW DEPARTMENT �Q �j -'� -1 � � SIGNATORY (���e�6�j � CITY CLERK ��• � �p- � 1 ,� ASSIGNED AG# AG# Q�j - Ol`1 G �] SIGNED COPY RETURNED DATE SENT: , 7 j� j,�p� �� COMMENTS: 11/9 ��rtv o� �.. ��'1���"p� CITY HALL ���� 33325 8th Avenue South • PO Box 97'f 8 Federa! Way, WA 98063-9718 (253} 835-7000 �va���w c�tyaffederr�nvt�y can AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Timothy Allen Jenkins, a sole proprietor ("Hearing Examiner"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Hearing Examiner Services ("Agreement") dated effective February 6, 2008 as amended by Amendment No(s). 1 and 2, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 2 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2012 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1 /2010 . � ,. ., �rr � +� �r CITY HALL ���� 33325 8th Avenue SouFh • PO Box 9718 Federal Way, WA 98063-9718 ��s��s��-�aQo +1�1�'W CIIyQ�fBdB�.fWAy'COtTI IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: /'_'_____ Brian ' son, Police Chief DATE: ��y/��// B : � thy All Je 'ns PO BOX 4155 Federal Way, WA 98063 DATE: � II ZI �� STATE OF WASHINGTON ) ) ss. COLINTY OF �Q t c",�'v ) ATTEST: � City Clerk, Carol McN illy, ,•••• �� � • •' ��/ %��,�!� �� ' � ��► ' � ' � , On this day personally appeared before me, �1 Af /� j'1 �}� � o �L.'*fj�/ Q/s , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. �:d. GIVEN my hand and official seal this f 2 day o �1t/L���- ,�9�9. 2p//� `` ���<!��\\1�{��� s�` 4�� �'�, �3•,�� Eiiv °,'�'��,,,,� '�,, , �,�*R r ; 2, I �'- ,•.`, �iF � i �.: �'' �' r � � : !- i 4, fr�� ,"*, �r�,- C_`'. � ., v �� : �` / � .��.a`"' • !/� + '�tr,�, i 1 �; � " /` {� �it:tlti\�N ` , ` �R: �+ ^,r= � t�. F (typed/printed name of notary) Notary Public in and for the S�ate of Washington. My commission expires ,/ �G� �l Z- AMENDMENT - 2 - 1 /2010 I I Kl:'..l UK1'l 1 U: JJ RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT 1. REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP CONTRACT SIGNATURE ROUTING ~ SENT TO VENDOR/CONTRACTOR DATE SENT: ~ ATTACH: SIGNATURE AUTHORlTY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ;rQ LAW DEPARTMENT )( SIGNATORY (CM, ACM, OR DIRECTOR) o CITY CLERK )(ASSIGNED AG# re-O\ q ..f? jI{ SIGNED COPY RETURNED . DATE SENT: ~ COMMENTS 2. 4. 5. 6. 7. 8. 9. 10. 11. ORIGINATING DEPT.IDIV: Law ( Cl v II ORIGINATING STAFF PERSON: pa.-r e"CVlay-dCC:Dvl EXT: ZS(O 2 3. DATE REQ. BY: TYPE OF DOCUMENT REQUESTED (CHECK ONE) o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) o PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG o REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) o ORDINANCE 0 RESOLUTION )(CONTRACT AMENDMENT AG#: 05f -oc9 oe -o~ o OTHER PROJECTNAME:-Ijro{IVl9 B<aW\l~i-V' ~e+ m('feituve NAME OF CONTRACTOR: lImo+hL\ l}eVl ~l'VlS I EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE o ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS Nt> lc:;v-\; <4 -t;k 01-, . TERM: COMMENCEMENT DATE: Iii (, (08' 'COMPLETION DATE: , a M ~ 0 C6 TOTALCOMPENSATION$ (\0\ Ll~Pul-, (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SC DULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY o PURCHASING: PLEASE CHARGE TO: CONTRACT REVIEW o PROJECT MANAGER o DIRECTOR o SIGNATORY (CM, ACM, OR DIRECTOR) o RISK MANAGEMENT (IF APPLICABLE) o LAW INITIALIDATE REVIEWED INITIALIDATE APPROVED f{)~ t1 .?Jo E OJ DATE REC'D: 8/4/01 INITIALIDATE SIGNED AP 8-s:;-0Cj ~~CfJ 3/09 ~ Federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way. IlIJA 98063-9718 (253) 835-7000 wwwcrlyoffedemiwaycom AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER This Amendment ("Amendment No.2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Timothy Allen Jenkins, ("Hearing Examiner"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent ofthe parties, agree to amend the original Agreement for Hearing Examiner Services ("Agreement") dated effective February 6, 2008, as amended by First Amendment dated October 1, 2008, as follows: ~ 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be llil1ended and shall continue until the completion of the Services, but in any event no later than December 31,2010 ("Amended Term"). (If no new date is included then the Term shall be as provided in the Agreement.) D 2. AMENDED SERVICES. The Services or Work, as described in Exhibit "A" and as referenced by Section 2 ofthe Agreement, shall be amended to include, in addition to work and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit "A-[#]" attached hereto and incorporated by this reference ("Additional Services"). (If no Exhibit "A-[#]" is attached no amendment of Services is contemplated.) D 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 ofthe Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "B-[#]", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate( s) for a period of one (1) year from the effective date of this Agreement. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. (If no amount is included then the total compensation shall be as provided in the Agreement and if no Exhibit "B-[ #]" is attached no amendment of compensation is contemplated.) D 4. ADDITONAL AMENDMENTS. The Agreement shall be amended as delineated in Exhibit Z-[ #] attached hereto and incorporated by this reference. (Ifno Exhibit "Z-[#]" is attached no additional amendment is contemplated. ) 5. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 14 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. AMENDMENT - 1 - Amd<10Klnd3/31/09 A federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 VI\1IW cityoffedemiway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY APPROVED AS TO FORM: By: 4..q ~ J4L~( Andy J. Hwang, Acting Chief of Police Signature on file. form armroved 3/31/2009 by: City Attorney, Patricia A Richardson DATE: 3/7 h~ / / DATE: STATE OF WASHINGTON) () ) ss. COUNTY OF r J e ree- ) On this day personally appeared before me, Ii m oY--h-j A. J&JIl~ irS , to me known to be the individual described in and who executed the foregoing mstrument, and on oath swore that he/sl10/they executed the foregoing instrument as his/her/thGli free and voluntary act and deed for the uses and purposes therein mentioned. ~ Q ~ -dayof. ~OOJ ~!ll EiLCinS (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 1/ Z J /3 , { GIVEN my hand and official seal this AMENDMENT -2- Amd<10KInd3/31109 RETURN TO: / It' \ CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SI~f(~~gLIP 1. 2. 4. 5. 6. ORlGINATING DEPT.IDIV: U1\A) \ C\ vi \ ORIGINATING ~TAFF PERSON:HetvrJY'l \A)n! I s (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT I'ROJEctNAME,---1k-n n h~ &a W1ln;tY- NAMEOFCONTRACTOR: ~YV\ Jel1r\V\s ADDRESS: Po a))< L\ \ S S 'rfaO{c. Q ~\ SIGNATURE NAME: -n1n')()T"h') ~Vl II tYl S \ TYPE OF DOCUMENT REQUESTED (CHECK ONE) )( PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT EXT: t COle l 3. DATE REQ. BY: o SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) XCONTRACT AMENDMENT o CDBG o OTHER AG#:~ OIQA_ 1'\ \.)J\f\ GtC;O(o"3 TELEPHONE TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE 8. 9. 10. 11. COMPLETION DATE: 2/Z.' I ()cr ( I TOTAL COMPENSATION $ I tc:()+ l\ PCO"':\:'5 10:>0 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LA~OR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY ~ PURCHASING: PLEASE CHARGE TO: 06 \ - '1 In 0 - Cf17:>~ 57_1- 1) tJ - Lit () TERM: COMMENCEMENT DATE: CONTRACT REVIEW o PROJECT MANAGER )( DIRECTOR o RISK MANAGEMENT (IF APPLICABLE) II LAW CONTRACT SIGNATURE ROUTING ~ LAW DEPARTMENT ~ -CITY IvtA:NAoER. 'BfiQV1 W', \ ~~ ~ CITY CLERK ~ SIGN COPY BACK TO ORGINATING DEPT. 1€ ASSIGNED AG# OK- 019 A _ COMMENTS 07/05 INITIAL/DATE APPROVED INITIALIDATE APPROVED ~ ~{2( INITIAL/DATE APPROVED i~~t~ WI/_ INITIALIDATE APPROVED Id/ 7.j ff' FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER Ot-lober This First Amendment ("Amendment") is dated effective this --1- day of ~t, 2008, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Timothy Allen Jenkins, ("Hearing Examiner"). A. The City and Contractor entered into a Professional Services Agreement dated effective February 6, 2008 whereby Contractor agreed to provide Hearing Examiner services ("Agreement"). B. Section 14.2 of the Agreement provided that the Agreement may only be:atllended by written agreement signed by the parties. C. The City and the Contractor desire to amend the Agreement to increase the compensation paid to the Contractor. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Compensation. In consideration of Contractor continuing to provide the Services described in Section 1 of the Agreement, Section 4.1 shall be amended to increase the compensation paid to the Contractor by an additional amount not to exceed Four Thousand and NoI100 Dollars ($4,000.00). The total amount payable to Contractor pursuant to the original Agreement and this First Amendment shall be an amount not to exceed Five Thousand and Noll 00 Dollars ($5,000.00). 2. Ratification. Any act done by either party consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this amendment, is hereby ratified as having been performed under the Agreement as it existed prior to this amendment. 3. Full Force and Effect. All other terms and conditions of the Agreement not mod. remain in full force and effect. Amendment to Professional Services Agreement - 1 - DATED the effective date set forth above. CITY OF FEDERAL WAY By: 4... 7. ~-71 ,4c.nN~ CI~/E-F Brian Wilson, Chief of Police /4 7 'D3 33325 8th Ave South P.O. Box 9718 Federal Way, WA 98063-9718 ATTEST: ~~I~L~~~ CAAi>LA. Mc.N.ci l\'1 APPROVED AS TO FORM: Patricia A Richardson, City Attorney STATE OF WASHINGTON ) )ss. COUNTY OF PJ€/2..C6 ) - Amendment to Professional Services Agreement - 2 - I I RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: ~ ~ '-v" 2. ORIGINATING STAFF PERSON: ~ r ~ V\ IN. ( /r EXT: 3. DATE REQ. BY: ~ 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) ~PROFESSIONAL SERVICE AGREEMENT o SECURITY DOCUMENT (E,G, AGREEMENT & o MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o PUBLIC WORKS CONTRACT o CONTRACTOR SELECTION DOCUMENT o SMALL PUBLIC WORKS CONTRACT (E,G" RFB, RFP, RFQ) " (LESS THAN $200,000) o CONTRACT AMENDMENT AG#: OJ .0/1 o PURCHASE AGREEMENT) o CDBG (MATERIALS, SUPPLIES, EQUIPMENT) o OTHER o REAL ESTATE DOCUMENT 5. PROJECT NAME: tk &( /" l 'n. / & c( 1"1. ,'J1 ~ r 6. NAME OF CONTRACTOR'.j\5;' -,... :2c;] t-, ',,- ~ ADDRESS: :r 0 ~~ C\ ".f;' 1/, \ IrJ~ q K"Cb 3 TELEPHONE SIGNATURE NAME: -.::::::rl fl" O'~j :KA'"\lOlvl S' TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES o SCOPE OF SERVICES o ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE o DOCUMENT AUTHORIZING SIGNATURE 8. TERM' COMMENCEMENTDATK ~fr'9 Y~/otOMPLETIONDATE' ~I 10, 9. TOTAL COMPENSATION $ j\ II? 000 O;:!- (INCLUDE EXPENSES AND SALES TIx, IF ANY) (IF CALCULATED ON HOURLY LABO CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES '\J6.NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES o NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY ~ PURCHASING: PLEASE CHARGE TO: 00 I - 0( I 00 - Oq 3 - 5 d- \ - ;J lo -4-1 0 10. CONTRACT REVIEW INITIALIDATE APPROVED INITlALIDATE APPROVED ~ROJECT MANAGER ~~. DIRECTOR P'!..I,J,/)vY"j :1/t$hIJK L1- frJ, IJIIv'I d/ob/~dCg o RISK MANAGEMENT (IF APPLICABLE) , tpLAW 4-vv 1-(5 11. CONTRACT SIGNATURE ROUTING ~ALIDATE APPROVED INITlALIDATE APPROVED o LAW DEPARTMENT W-j/t!L o CITY MANAGER /J fJ1 J o CITY CLERK ~Jt;1/oY o SIGN COPY BACK TO ORGINATING DEPT. o ASSIGNEDAG# Oo~c:J/7 COMMENTS 02/08 PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER r This Professional Services Agreement ("Agreement") is dated effective this (p ~y of .,.:-~~ ,200t. The parties ("Parties") to this Agreement are the City of Federal Way, a Washingto unicipa1 corporation ("City"), and Timothy Allen Jenkins, ("Heanng Exammer"). A. The City seeks the temporary professional services of a skilled attorney capable of working without direct supervision, in the capacity of a hearing examiner who is experienced in the areas of asset forfeiture; and B. The Hearing Examiner has the requisite skill and experience necessary to provide . such services. NOW, THEREFORE, the Parties agree as follows: 1. Services. The Hearing Examiner agrees to perform the following duties ("Services"): 1.1 Federal Wav City Code and Revised Code of Washington. All duties described in, and pursuant to the jurisdiction, power and authority established in the Federal Way City Code Chapter 6, Section 86 (6) and RCW 69.50.505, as now existing or hereafter adopted or amended, together with such other or further Hearing Examiner services as may be required by the Federal Way City Code. 1.2 City Council. All duties, jurisdictions, powers, or authority requested and approved by the City Council. 1.3 Compliance with Laws. All duties shall be performed in accordance with all applicable federal, state, and City laws, including but not limited to the Revised Code of Washington, Open Meetings Act, Rules of Evidence and all City codes, ordinances, resolutions, standards or policies, as now existing or here after adopted or amended. 1.4 Clerical Services. The Hearing Examiner shall furnish clerical services including, but not limited to, the typing of decisions, mailing decisions to parties of record, and typing decisions on requests for reconsideration; and upon request ofthe City, to mark exhibits. 1.5 City Direction. All duties shall be performed pursuant to the direction ofthe City Manager, the City's Chief Law Enforcement Officer, or his or her designee. - 1 - 1.6 Designated Hearing Examiner. Unless otherwise approved to in writing by the City, the City hereby designates Timothy Allen Jenkins as the City's Asset Forfeiture Hearing Examiner. 1.7 Performance Standard. All duties shall be performed in a manner consistent with accepted practices for other similar services, performed to the City's satisfaction, including, but not limited to conduction orderly and impartial hearings, creating a professional and courteous environment for claimants, citizens and staff; and the preparation of finding and conclusions which are understandable and based upon sound reasoning and all applicable law. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion of the Services, but in any event no later than February 21, 2009 unless necessary to complete hearings begun prior to February 21, 2009 ("Term"). This Agreement may be extended for additional periods oftime upon the mutual written agreement of the City and the Hearing Examiner. 3. Termination. Prior to the expiration ofthe Term, this Agreement may be terminated immediately, with or without cause by the City. 4. Compensation. 4.1 Total Compensation. In consideration of the Hearing Examiner performing the Services, the City agrees to pay the Hearing Examiner an amount not to exceed One Thousand and 00/100 Dollars ($1000.00) calculated at a rate of One Hundred and 00/100 Dollars ($100.00) per hour. 4.2 Method of Payment. Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, which invoice shall specifically describe the Services performed, the name of Hearing Examiner's personnel performing such Services, the hourly labor charge rate for such personnel, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or mVOlce. 4.3 Hearing Examiner Responsible for Taxes. The Hearing Examiner shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. - 2 - 5. Compliance with Laws. Hearing Examiner shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Independent Hearing Examiner/Conflict of Interest. It is the intention and understanding of the Parties that the Hearing Examiner shall be the designated agent ofthe Chieflaw enforcement officer under RCW 69 .50.505( e). The City shall be neither liable nor obligated to pay Hearing Examiner sick leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Hearing Examiner shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit ofthe City, regardless ofwhether such may provide a secondary or incidental benefit to the Hearing Examiner, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Hearing Examiner mayor will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Hearing Examiner's ability to perform the Services. Hearing Examiner agrees to resolve any such conflicts of interest in favor of the City. 7. Indemnification. 7.1 Hearing Examiner Indemnification. The Hearing Examiner agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions ofthe Hearing Examiner, its partners, shareholders, agents, employees, or by the Hearing Examiner's breach of this Agreement. Hearing Examiner waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Hearing Examiner's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 7.2 Citv Indemnification. The City agrees to indemnify, defend and hold the Hearing Examiner, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. - 3 - 7.3 Survival. The provisions of this Section shall survive the expiration or termination ofthis Agreement with respect to any event occurring prior to such expiration or termination. 8. Equal Opportunity Employer. In all Hearing Examiner services, programs or activities, and all Hearing Examiner hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Hearing Examiner or by Hearing Examiner's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Hearing Examiner shall not violate any ofthe terms of Chapter 49.60 RCW, Title VII ofthe Civil Rights Act of1964, the Americans With Disabilities Act, Section 504 ofthe Rehabilitation Act of 1973 or any other applicable federal, state or 10ca11aw or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Hearing Examiner's breach, may result in ineligibility for further City agreements. 9. Confidentiality. All information regarding the City obtained by Hearing Examiner in performance of this Agreement shall be considered confidential. Breach of confidentiality by Hearing Examiner will be grounds for immediate termination. 10. Insurance. The Hearing Examiner agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: 10.1 Automobile liability insurance pursuant to the laws of the State of Washington. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 11. Work Product. All originals and copies of work product, including plans, sketches, layouts, designs~ design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Hearing Examiner while performing the Services shall belong to the City. At the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of Hearing Examiner shall be delivered to the City. - 4 - 12. Books and Records. The Hearing Examiner agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 13. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 14. General Provisions. 14.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 14.2 Modification. No provision ofthis Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 14.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 14.4 Assignment. Neither the Hearing Examiner nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 14.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 14.6 Attornev Fees. In the event either ofthe Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement ofthis Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. - 5 - 14.7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 14.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 14.9 Authoritv. Each individual executing this Agreement on behalf of the City and Hearing Examiner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Hearing Examiner or the City. 14.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 14.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 14.12 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Hearing Examiner's performance of this Agreement. 14.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 14.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 14.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 14.16 Equal Opportunitv to Draft. The parties have participated and had an equal opportunity to participate in the drafting ofthis Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. - 6 - DATED the day and year set forth above. CITY OF FEDERAL WAY By: Brian 3332 h Ave South P.O. Box 9718 Federal Way, WA 98063-9718 ATTEST: APPROV~ORM: ---=- ~~~ .~r Patricia A Richardson, City Attorney ... STATE OF WASHINGTON) IJ . I ) ss. COUNTY OF t"-l f\J& ) On this day personally appeared before me, Timothy Allen Jenkins, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. -. ...... ........t-4k . '*,- _.. "'Iil~~""'_".., GWEN my hand and Dfficial seal this &-Y1 day Df "1ebru CI/q cJ1l~' c).r)~ List{ L. fA) a I ker (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 10 - (1- lot I , 200t - 7 -