Resolution No. 88-97 City Of OREGON
1 folm lvo. 88
A RiSOLU1101V Of flit -"C;')R[,) CITY COUNCjt AppROVINC; -_qWVj.C:f CONIRAC-1
WL114 ANTHONY PFI AY, JR., MUNICIPAL COURF JUDGE.
--------------- -----------
WHEREAS, Section 10 OF 010 Fill-l"d City office of
Municipal. Judy"; and
WHEREAS, Anthony l'4-11aY, Jr. l.,:, served as the. Municipal Court J11C190 since
June 22, 1970; and
WHE RFAS, the -figard City Council l,,Atj found tho Muni,'41 I ,-JrIYIa's tp^rforw,nco
to be Satisfactory during that time; 'Arid
RE(i, r�tc—d re po r t,i nq
ttle City Ck,�jrjcjl now wishes to fLrit-jjz,, the undc
procedure between 'the City and the Municipal Judge; <and
WHEREAS, the City Council wishtx, to change the nwi'll"d Of 010)evlt for
services from payroll doduction to indup(---ndent coritr.ACLOr- li''AtuS,
NOW, -rtlEREFORE, LIE 1-1 RF-coL.VED by the -Tjyard city Council that:
Section 1: The Personal Services Contract is Lril-erod into by ttiutu6kl A(Ir"'O"Writ
of the et forth in it:.' attached fxhibit "A,' . "I his Contract will
fftshalt �poal �rid
��rd upon taking coCt s
Lake effect ( A ----X�(� e "X
- L
replace all pricer
verbal and written agreements.
PASSED: -This
day of
A-n EST Mayor City oe7i ;,d
f 177, f
Deputy City Recorder City Of l'iYard
APPROVED AS TO FORM:
City ato r r 14Y
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RESOLUTION NO.
EXHIBIT "A"
CITY OF TIGARO, OREGON
CONTRACT FOR PERSONAL SERVICES
CONTRPu-.T TITLE: MUNICIPAL COURT JUDGE CONTRACT NO. ___
This Contract, made and entered into this day of September, 1988, by
and between the City of Tigard, a municipal corporation of the State of
Oregon, herein— after called "City" and Anthony Pelay, Jr., hereinafter called
"Judge", duly authorized to perform such services in Oregon.
W I T N E S S E T H:
WHEREAS, City requires the services of a Municipal Judge; and
WHEREAS, Judge is able and prepared to provide such services as the City
requires, under those terms and conditions set forth; and
WHEREAS, City and Judge desire a written agreement creating a professional
and businesslike relationship, serving as a basis for effective communications
and to avoid misunderstanding.
NOW, THENEFORE, IN CONSIDERATION of those mutual promises and the terms
and conditions set forth hereafter, the parties agree as follows:
1. Service Description.
Judge shall perform the following personal services:
A. Oversee the Municipal Court judicial function and pro tem Judges;
B. preside over criminal, traffic, and parking case arraignments,
trials, and hearings;
C. Develop, with the City Recorder and Court Manager assistance,
standard procedure/process booklet for use by all judicial staff;
D. Meet on a weekly basis with the Court Manager to continue to stream—
line the court process; ,
E. Close as much of the criminal caseload as possible no later than
June 30, 1989, subject to future Council direction; and
F. Additional projects as directed by the City Council and agreed upon
by Judge.
2. Com2ensation.
A. City agrees to pay Judge for performance of those services outlined
in this contract at a rate of $1,400.00 per month and said rate shall
be paid monthly no later than the 10th of the next month.
8. payment by the City shall release the City from any further
obligation for payment to Judge for service or services performed or
expenses incurred as of the date of the statement of services.
Payment shall not be considered acceptance or approval of any work or
waiver of any defect therein:
C. The City encourages continued professional development of Judge and
encourages participation in the Oregon Municipal Judge's Ass-ciation
including attendance at their annual conferences which expenses will
AC he included in City's budget.
D. The City certifies that sufficient funds are available and authorized
for expenditure to finance costs of this contract.
_ E. All work performed by Judge under this Contract shall be the property
of the City.
3. Term Of Agreement.
Pursuant to Section 10 of the City Charter- and Section 2.16.020 of the
Tigard Municipal Code, the tern of this agreement shall be indefinite and
at the pleasure of the Mayor and City Council, but shall be renewed
annually on a fiscal year basis. Compensation and special projects shall
be reviewed annually.
4. Citv's Representative.
While it is recognized that Judge works at the pleasure of the Mayor and
City Council, for purposes of the services outlined in Section 1 of this
Contract, the City's authorized representative will be the City Recorder,
(13125 SW Nall Blvd., P.O. Box 23397, Tigard, OR, 97223, (503)
pursuant to Section 10 of the City Charter which shall exclude from
supervision the exercise of judicial authority functions.
City_s Oblic tion.
In order to facilitate the work of Judge as above outlined, City shall
furnish to Judge access to all existing information which is in the City's
possession concerning the Municipal Court caseload.
6. Judge Is Independent Contractor,
A. Judge shall be an independent contractor for all purposes and shall
be entitled to no compensation other than the compensation provided
for under .Section 2 of this Contract.
8. Judge acknowledges that for all purposes related to this Contract, he
is and shall be deemed to be an independent contractor and not an
employee of City, shall not be entitled to benefits of any kind to
which an employee of the City is entitled and shall be solely
responsible for all payments and taxes required by law. Not
withstanding Judge's status as independent contractor, City shall
provide liability insurance covering Judge whle he is acting within
the scope of Judge duties for the City, as provided in Section 1
herein.
C. In the event that judge is found by a court of law or an
administrative agency to be an employee of the City for any purpose,
City shall be entitled to offset compensation due to demand repayment
of any amounts paid to Judge under the terms of this Contract, to the
full extent of any benefits or other renumeration Judge receives
(from City or third party) as a result of said finding and to the
full extent of any payments that City is required to mate (to Judge
or to a third party) as a result of said finding.
7. Termination
A. This Contract may be terminated either City or Judge for* any
reason whatsoever upon the giving of 30 days written notice to either
q party
B. Termination under any provision of this Section shall not affect any
right, obligation, or liability of :,fudge or City which accrued prior
to such termination.
8. _Indemnification.
Judge agrees to indemnify and to hold—harmless the City, its officers,
Employees, and Agents against and from any and all loss, claims, actions,
suits, including costs and attorneys' fees, for or on account of injury
bodily or otherwise, to, or death of persons, damage to or destruction of
property belonging to City, Judge, or others, resulting from, arising out
of, or in any way connected with Judge's activities hereunder, excepting
only such injury or harm as may be caused solely by the fault or
negligence of the City, its Officers. Employees, and/or Agents-
3. Attorney's Fees
In ease suit or action is instituted to enforce the provisions of this
Contract, the parties agree that the losing party shall pay such sum as a
Court may adjudge reasonable attorney's fees and court costs including
attorney's fees .and court costs on appeal to appellate courts.
10, applicable law
.. This Contract will be governed by the laws of the State of Oregon and the
City of Tigard.
11. C^_naplete Agreement
f This Contract constitutes the complete agreement between City and Judge
and supercedes all prior written or oral discussions or agreements.
IN WITNESS WHEREOF, the City has caused this Contract to be executed by its
duly authorized undersigned officers, acting pursuant to resolution of dthhe
City Council, duly passed at the regular meeting held on the (�_
of 1-t 1488, and the Judge has executed this Contract on the date
hereinabove first written.
CITY OF TIGARD
BY—
Ma
Y— ® — --
May
13Y
City Recorder Vjkcri --
�)
JZn:t"KoOn�
64
B -
elay, Jr.
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• DECLARATION OF INDEPENDENT CONTRACTOR STATUS
DATA:
City of Tigard Oregon
NAME OF PERSON LETTING CONTRACT
PO Box 23397 Tigard, Oregon 97223
Address
Anthony Pelav Jr.
NAME OF INDEPENDENT CONTRACTOR
Add re s t —"— _.�_ ---.---
'rime or Project(s) covered by the Declaration:
The undersigned hereby declare that all services performed under the
Contract dated shall be rendered by the independent contractor
in his status as an independent contractor.
In consideration of the letting of this Contact, the independent
contractor agrees to indemnify the person letting the contract for any
damages, expenses, casts and disbursements, and attorneys' fees incurred by
said person as a result of the independent contractor's failure to adhere to
the terms of this declaration.
The parties to this declaration understand that a person who files a
€ declaration of status as an independent contractor is not eligible to receive
workers' compensation benefits in the event of injury or disease, unless said
person has obtained coverage for such benefits pursuant to ORS 656.128.
Dated this 375'day of 1 1988.
J/ r�plepen ent Co rector
2v2
Person Let ting Contract
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