Resolution No. 88-106 C 1 1 Y Of -1 1GARL) Oki,UON
W-SOLU I[ON NO. 8 10(0
A RE",01-UtION Of 1111 lJGARD CITY COUNC I I APPROVING P L R,:0N A L ',;LNV1Cf. CON I jqAC I
WITH M. AUGUR, Mf)1\11c.:LPOL COURT PRO It-M JUDGE-.
...........-------
WHEREAS, Section 10 of the Tigard d City Chtarter pr uv ides for- the office of
Municipal Judge and Chapter 2.16 of the Tigard Municipal Code provides fore the
oft-ice of Municipal Judge pro tomporo; and
WHEREAS, M. jan.15e AUgU. has served A, a rlt,.nicipal Court Pro t001 jUd1j.'_' since
Apr-it 9, 1.981; and
WHERIAS, the Jiy.rd City Council has found the pro tem Judge's performance to
be satisfactory during that time; arid
WHE RL AS, the City Council now wit3l)Ls Lo formalize the under-stood reporting
procedure bo t,,oen the City, Municipal :Judge, and the pro Yom Judge; arid
WHEREAS, the City Council wishes to change the mo0wid of paymont for pro tem
-TcMo services from payroll deduction to independent contractor status.
NOW, IHEREfORL, BE It RESOLVE,[) by the Tigard City Council thaL:
Section 1: The Personal Searaices Contract i-s onterod into by mutual a-jr-ooment
ofthe_parties w; t forth in thea attacf)e(i Exhibit "A". Ifli, Contract will
take effect ----—-------- and upon laking effect shaII repeal and
replace all prior verbal and writ-ten agre",11writ s.
{41
PASSED: This (Jay of
� 4
ATT—LSP: f67� City ofrijard
Couric—il President
Deputy City Recorder City Tigard
APPROVED AS TO FORM:
y
City Attc);-�vf
Iw/0076c
RESOLUTION NO.
EXHIBIT "A"
CITY OF" TIGARD, OREGON
CONTRACT FOR PERSONA[.. SERVICES
CONTRACT TITLE: MUNICIPAL COURT PRO TEM JUDGE
This Contract, made and entered into this "54jday of
between the Cit of Ti y`l""^"c' 1986• by and
Y Bard, a municipal corporation of the State Of Oregon,
herein-. after called "City" and M_ Janise Auqur, hereinafter called
"pro tem
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 pro tempore Judges; and
WHEREAS, pro tem Judge is able and prepared to provide such services as
the City requires, under, those terms and conditions set forth; and
WHFRFA� City and pro tem Juda, j c_i.
professional and businesslike relationship: servin4 tAs a~basis for. effec, ive
communications and to avoid misunderstanding.
NOW, THEREFORE, IN CONSIDERATION of those mutual promises and the terms
and conditions set forth hereafter, the parties. agree as follows:
I. Service Description.
Pro tem Judge shall perform the following personal services only when the
Municipal Judge is unable to perform his duties by reason of absence from
the City, illness, vacation, disqualification as provided by ORS 221.347,
or as specifically determined by the City Recorder:
A. Preside over criminal, traffic. and ^--��-
trials, and hearings followingthe Y" "` y case arraignments,
procedure and process standards
set by the Municipal judge; and
B•
Additional projects as dir•ect_d by the City Council and agreed upon
y pro tem Judge.
2. Compensation.
A. City agrees to pay pro tem Judge for performance of those services
outlined in this contract at a rate of $30.00 per hour and said rate
shall be paid in semi-monthly payments no later than the 5th and 20th
of each month.
B. Payment by the City shall release the City from any further'
obligation for payment to pro tem Judge for, service ur services
performed or, expenses incurred as of the dateof the statement of
services. pavment shall net be consido-red acceptance or a
any work or, waiver of any defect therein. approval of
C. The City certifies that sufficient funds are available and authorized
fur' expenditure to finance costs „f this contract
D. All work performed by pro tem Judge under this Contract shall be the
property of the City.
e
3. Term Of Avreement.
Pursuant to Chapter 2.16 of the Tigard Municipal Code, the term Of this
agreement shall be indefinite arid at the pleasure of the Mayor' and City
Council, Out shall be renewed annually on a fiscal year basis.
Compensation and special pr'ujects shall be reviewed annually.
t ' Reoresentati v.e_.
While it is recognized that, pro tem Judge works at the pieF,sure of the-
Mayor
heMayor and City Council, for purposes of the services outlined in Section I
of this Contract, the City's authorized representative will be the City
Recorder, (13125 S14 Hail Blum., P.O. Box 23397, Tigard, OR, 97223, (503)
639--4171), pursuant to Section 10 of theCit, Charter which shall exclude
from supervision the exercise of iudicial authority functions.
Cit�'_s_Oblig_ation.
In Order to farilifato th.' ,. of rz^ t;F n: Judge as above outlined, City
shall. furnish to pr-o tem Judge access to all existing information which is
in the City's possession concerning the Municipal Court caseload.
6. Pro Tem Judye Is Indeendent Cotitractor•.
A. Pro tem 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.
B. Pro teem Judge acknowledges that fur all purposes related to this
Contract, she is and shall be deemed to be an independent contractor
and not e,- 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, the City shall
provide liability insurance covering Judge while she is acting within
the scope, of Judge duties for the City, as provided in Section 1
herein.
C. In the event that pr'o tem Judge is found by a court of law Or- an
administrative agency to be an em!tioyee of the City for any purpose,
City shall be entitled to offset compensation due to demand repayment.
of any amounts paid to pro tem Judge under the terms of this
Contract, to the full extent of any benefits Or other renumeration
pro tem Judge receives (from City or third party) as a result, of said
finding and to the full extent of any payments that City is requir'o.d
to make (to pro tem Judge or to a third party) as a result of said
finding.
7. Termination
A. This Contract may be. termi.ntair '
ed by either City or pro Lem Judge cit"
any reason whatsoever upon the giving of 30 days written nrticeto
either party.
B. Termination under any provision of this Section shallnot affect: any
right, obligation, Or Liability of pro tem Judge o;^ City which
acc need prior to such termination.
B. Indemnification.
Pro tem Judge agrees to indemnify and to hold-::armless 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, pro tem Judge, or others,
resulting from, arising out of, or in any way connected with pro tem
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, andlar P.ger,t .
9. Attornay's Fees
In case suit or action is instituted to enforce the provisions of this
Contract, the parties agree that the losing party shall pay such sunt as a
Court may adjudge reasonable attorney's fees and court cot., irec_ioding
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, Camplete Agreement
This Contract constitutes the complete agreement between City and pro tem
Judge and supercedes all prior written or oral discussions or agreements.
IN WITNESS WHEREOF, the City has caused this Contract to be exzcuted by its
duly arithorized undersigned officers, acting pursuant to resolution of the
City Council, duly passed at the regular meeting held on the _ day of
1988, and the pro tem Judge has executed this Contract on the date hereinabove
first written.
CIT'i/OF�TIGARD
BY
City Re order -----
JUDGE
Ely
M. J a i s,�,�Au
lw/0r}1bc
DECLARATION Of INDEPENDENT CONTRACTOR STATUS
DATA:
qL" of Ti_qard Qrat�_on
NAME OF PERSON LETTING CONTRACT
PO Box 23397, Tigard __OreccL�n 97223
Address
M. Janise Augur
NAM OF 1NDEPENDENT CONTRACI-OR
Address
Time or Project(s) covered by the Declaration:
The undersignod hereby declare that all services performed under the
'1�
Contract dated �-,Ltll�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 fur any
damages, expenses, costs 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
workeri* bber-,�efit, in ti— even', of injury or disease, unleht-, s�kid
person has obt fined coverage for such benefits pursuant to ORS 656.1128.
WkI
Dated this ��ay of 1988.
Indepe en C-:-,ntractor
Person Letting Cont.rct
lw,'00/6c