Resolution No. 89-48 u: :cx-ur1cN NO89
A RESOLUIIOM 01 tHE 11GAR9 City COUNCIL APPROVING PLR30NAL StRVICL COMINAM
WITH AWROMY PFLAY, JR. , MUNICIPAL COURT J00111-
WHEREAS. Section 10 Of We M"'d City Cha"Ler Prou'" for the Office of
Municipal. Judge; :and
68WREAS, Anthony Pe lay. Jr. has sprued as the Municipal Court Judge since
June 22, 1970; and
WHEREAS, the Tigard City Council has found the Municipai judgYu performonce
to be satisfactory during that time; and
WHEREAS, the Cuty Council wismes to c=tiwv the understood repcirtAwl
procedure between the City and the Municipal Judqu; .--Ind
NOW, MIRE-FORE, BE 11 nym,VED by the lia"A My Council. that:
Section 1: The personal Suruicas Contract is oritorod into by mutual aqroonlent
of the pa,lies as set forth in the attached ENAML "W� TMs GoQ"ct MI.
take effect July 1, 1989 and upon taking effoct shall repeal and replace all
prior verbal and written agreements
PASSED: This Q�j day of L441989.
ATTEST: G,I Y 0 lg<P,
Co oil President
Deputy i,i-ty P,ecorier .-- City Qf Ynad
A P P RiqV AS TO f-)RM
City Attorney
Im/0063c
RESOLUTION NO. 98—
EXNIBI-!" "A"
CITy 01= TIGARD, OREGON
CONTRACT FOR PE:R'SONAt_ SERVIL;E.f:
CONTRACT T11-LE: IMUNICI?AL_COUkl- JUDG' CONfRACC NO.
This Contract, made arrd entered irito this dray of June, 1989,. by and
between the City of Tigard, a muniCip.al cor•porati.on of the State of Oregon,
hereinafter called "City" and Antho_ny_Pe1_aV,_Jr__, hereinafter called "Judge",
duly authorized to perform such services in Oregon.
W I T N E S S I. I H:
WHEREAS, City requires the services of a Muriicipal Judge; and
WHEREAS, Judgo is able and prepared to provide such service,; as tho City
requires, under those tt�r-ms and conditions set forth; and
WHEREAS', City and Judge c.'esiro a written agreetna.,A, creating a prufessional
and businesslike relationship, servirl.3 as is basis for affective communications
and to avoid mirundorstand.ing.
NOW, THEFREfOkE, IN CUNSS_GE:kATTON of those: mut:.ual promise;> and the terms
and conditions set forth hereafter, the parties agree as follows:
1. Service_Descript_ion.
Judges_ shall perform the following personal services.
A. Oversee the Municipal Court judicial function and pro tem Judges;
Es. Pre fide, over civil 1ofrCr iminal, trraffic, aria parks: ..�..,�.
arraignments, trials, and hearings;
C. Smpleement the newly developed judicial stair procedure manual..;
D. Develop pro tom Judge staff;
Develop, with the City Recorder and Court Manager assistance,
formalized court guidelines for all cafe types;
F. Meet. on a weekly hasis with the Court MancAger to continue to stream-
line the court process;
G. Additional projects as directod by the. City Council and agreed upon
by Judge.
2. Compensation.
A. City agrees to pay Judge for p+erformance 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.
R. Payment by the City shall release the City from any further
obligation for payme.nt 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 c+�intinued professional development of Judge and
encourages participation in the Oregon Municipal Judge's Association
including attemAzince at that annual conference which expenses will be
E included in City's budget.
D. "The City certifies that sufficientfunds are available and authorized
for expenditure to finance costs or: this contract.
E. All work performed by Judge under this Contract shall be the property
of the City.
3. Mom Of O regiment.
Pursuant to (-'cction 10 of the City Charter and Section 2 16.0211 of the
Tigard Municipal Code, the term uF this agreement shall be indefinite and
atthe pleasure of the Mayor and City Council., but shall be ronewed
annually on a fiscal year basis. Compensation and special projects shall
be reviewed annually.
4. Cit;`L_� ljresNnt_ative.
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 Hall Blvd. , P.O. Lox 23397, Tigard, OR, 47223, (501) 539-.-4171),
pursuant to Section 10 of the City Charter which shall exclude from
the exercise of judicial authority functions.
5.
In order to facilitate the work of Judge as above out:l.ined, City shall
furnish to Judge access to all existing information which is in the: City's
p—nessior: once:rning the Mun ici.pcal Court caseload.
6. Jud_,jc_e Ts Indere-i,4p Contractor.
A. Judge shall by 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. Judge acknowledges that for all purposes related to this Contract, he
is and hall be deemed to be an independent contract-or and not an
employee of City, shall not be entitled to benefits of any kind to
which an empl.oyeo of the City is en6.tled and shall be solely
responsible for .all payn,F:nts and taxes requir.id by law. Not
withstanding Judge's status as independent contractor, City shall
provide liability insurance covering Audge while 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 Pound 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 c.r 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 make. (to Judge
or to a third party) as a result of said finding.
7. Ter�eiination
A. This Contract may be terminated by either, City or Judge fur any
reason whatsoever upon the giving of 30 days written notice to either
party.
a. Termination under any provision of this Section shall not: affect any
right., obligation, or liability of Judge or City which accrL'ed prior'
to such termination.
9. Indemnification.
Judge agrees to indemnify and to hold--harmless the City, z.ts officers,
Employees, and Agcnt- against and from any and all loss, claims, actions,
suits, including cotts and attorneys` foes, 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 jnjury or harm as may be ..r,.,..sed solely by the fault or.
negligence of the City, its Officers, Employees, and/or Agents.
9. Attorney`, fees
In case suit or action is instituted to enforce the provisions of this
Contract, the parties agre=e that the losing party shall pay such sum as a
Court may adjudge reasonabie attorney's fees and court costs including
attorney's fees and court costs on appeal to appellate courts.
10. nppjj�cc
This Contract will bc> governed by the laws of the State of Oregon and the
City of Tigard.
11. C�miete Ar_eement
This Contract constitutes the complete agreemanf; between City and Judge
and supercedes all prior written or oral discussions or agreements.
IN WITNESS WHEREOF, the City has c,-Aused this Contract to be executed by .its
duly authorizod undersigned officers, acting pursuant to resolution of the
City Council, duly passed at the regular' meeting held on the 5 � day
of '1909, and the Judge has e.wecutcd this Contract on the date
her rnabaue forst written.
C7:TY CLj--�GPrss' s t
ByJ -- --
puty City Record..
JUDGE
Rye__..-=:Ir''�G'
�vr-ithart 9:elay, Jr.
1w/0063c/0005c
DECLARATION OF INDEPENDENTS CONTRACTOR SNAFUS
DATA
Ci ti—Lif—I
NAME OF PERSON LETTING CONTRACT
po Box
iid_j r—*e s-S
NAME OF INDEPENDENT CONTRACTOR
Time or Project(s) cove.,-d by the Declaration:
The undersigned here-by declare that all services perFormod 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 Jetting the contract for 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
th,, terms of this declaration.
The parties to this declaration understand that. . pc-r:;or, who f_;ILSa
declaration of status as an independent contractor is not eligible, to receive
workers' conipens&tion benefits in the event of injury or, disease, unless said
person has obtained coverage for such benefits pursuant to OFS 656.1.28.
Dated this ---- day of
n opendyfit Contry-or
Person Letting Contract
lw/0063C/0005,-