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Resolution No. 90-29 CrrY OF TIGARD, OREGON RESOILYrION NO. 90- A RESOLUTION OF SHE TIGARD CITY 0OUNCIL APPROVING PEStSONAL SMUCE ODWRACr WITH ANTHONY PELAY, JR., MUNICLPAL COURT JUDGE. VaEREAS, Section! 10 of the Tigard City Charter provides for the office of Municipal Judge; and WAS, Anthony Pelay, Jr. has served as the Municipal Court Judge since June 22, 1970; and WriEREAS, the Tigard City Coil has found the ;n`uricipal Judge's performarciee to be satisfactory during that time. NOW, TfRE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Personal Services Contract is entered into by noutual agreement of the parties as set forth in the attached RKhibit "A". This Contract will take effect July 1, 1990 and upon taking effc-ct shall repeal and replace all prior verbal and written agreements. PASSED: This day of / ii 0 , 1990. r ayor = Ci_,C of Tigard ATrES'T: City Recorder - City of Tigard le/ms RESOI=ON NO. 90-oe 1 Page j fD<FfMrr "A" CITY OF TIGPRD, OREGON CONTRACT FOR PERSONAL SERVICES CONTRACT Tl=: MUNICIPAL COUPT JUDGE OONIRACT NO. `I3'iis Contract, made and entered into this J L— day of June, 1990, by -,d between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and Anthony Pelay. Jr., hereinafter called "Judge", duly authorized to perform st.:1r services in Oregon. WITNESSETH: WHEREAS, City requires the services of a Municipal Judge; and WMZEAS, Judge is able and prepared to provide such services as the City reqL;i.res, 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, THEREFORE, IN CONSIDERATION of those mutual promises and the terms and conditions set forth hereafter, the parties agree as follows: _ 1. Service Descript4m. Judge shall perform the following personal sexrvices: A. oversee the Municipal Court judicial function and pro tem, Judges; B. Preside over civil infraction, crimi;al, ..aa..« , and =--'-"king case arraignments, trials, and hearings; C. Develop pro tem Judge staff; D. Meet on a weekly basis with the Court Manager to continue to streamline the court process; E. Continue develogveent and 5-oplement, with the Arhni T»Gtrative Services Manager and Court Manager assistance, formalized court guidelines for all case types; and F. Additional projects as directed by the City Council and agreed upon ITY Judge- 2. Compo^ration. A. City agrees to pay Judge for performarxse of those services outlined in this contract at a rate of $50.00 per hour arra said rate shall be paid monthly no later than the 10th of the next month. B. 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 serrices. Payment shall not be considered acceptance or approval of any U-rk or waiver of arry defect therein. C. The City exxxirages continued professional development of Judge and encourages participation in the Oregon Municipal Judge's Association including attendance at that annual conference which expenses will be 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 term 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. city's Repr s ztative. Aftile 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 authorizer) representative will be the Administrative Services Manager, (13125 SW Hall Blvd., P.O. Box 23397, Tigard, OR, 97223, (503) 639-4171), pursuant to Section lO of the City Char-ter which shall exclude from supervision the exercise of judicial authority functions. 5. City's Oblicration. In order to facilitate the work oL Judge as above outlined, City shall furnish to Judge access to all existing information which is in the City's possession concerning the M L-dcipal Court caseload. 6. Judge Is Independent Contractor. A. Judge sball be an independent contractor for all purposes and shall be entitled to no c onpensation other than the canpensation provided for under Section 2 of this Contract. B. Judge acknowledges that for all purposes related to this Contract, he is arra 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 iJ entitled and shall be solely responsible for all payments and taxes required by law. Not witlsstandirxg Judge's status as independent contractor, City shall provide liability insurance covering Judge while he is acting within the scope of Judge duties for the City, as provided in section 1 horein. 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 motion due to demand repayment of any amounts paid to .judge under the terns of this Contract, to the full extent of any benefits or other renumeration Judge receives (froom City or third party) as a result of said finding and to the C full extent of any payme-ilus that City is required to make (to Judge or to a third party) as a result of said finding. . Termination A. This Contract may be terminated by either City or Judge for any reason whatsoever upon the giving of 30 days written notice to either ply. B. Termination under any provision of this Section shall not affect any right, obligation, or liability of Judge or City which accrued prior to such termination. 8. Indemnification. Judge agrees to indemnify and to hold-harmless the City, its Officers, Etxployees, and Agents against and from any and all loss, claims, actions, suits, including costs and attorneys' fees, for or on ac:eunt 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 harn as may be caused solely by the fault or negligence of the City, its Officers, DTployees, and/or Agents. a. Attorney's Feels r In case suit or action is instituted to enforce the provisions of this \ Contract, the parties agree that the losing party shall pay such semi as a Court may adjudge reasonable attorney's tees and court costs including attorney's fees and court costs on appeal to appellate courts. 10. Ar3plicable Law This Contract will be governed by the laws of the State of Oregon and the City of Tigard. 11. Cc=lete Agreement ^`'--^ Corm**-ct constitutes the complete agreement between City and Judge and s.IAxr pedes all prior written or oral a...is..^—sions or agreements. ZIi WITNTESS W=MF, the City has c:ausk�l this Contract to be execxuted by its duly authorized undersigned officers, acting pursuant to resolution of the City Council, duly passed at the regular meeting held on the ,['r�r day of June 1990, and the Judge has executed this Contract on the date hereinabove first written. C=�TZGARD JUDGE By �! f/ 3y May ron ay, Jr. By City Recorder 0 DECCARJMCN OF INDEPUIDFIa OONIRACIt3R SrATVS DATA: City of Tigard. Oregon NAME OF PFRSON LF.ZTIDIG CONTRACT PO Box 23397 Tigard Oregon 97223 Address Anthony Pelay. Jr. NAME OF INDEPESIDF3r`I' CON17tACI'OR Address Time or Project(s) covered by the Declaration: The undersigned hereby declare that all services performed under tho Contract dated _ shall be rendered by the independent contractor in his status as an i 4ependent contractor. In consideration of the letting of this Contact, the independent contractor agrees to indemnify the person letting the contract for any damages, expenses, costs and disbursements, and attorneys' fees inctirred by said person j as a result of the independent contractor's failure to adhere to the terms of !! this declaration. Ibe parties to this declaration understand that a person who files a declaration of status as an independent contractor is not eligible to receive workers' caTpensation benefits in the event of injury ar disease, unless said person has obtained coverage for such benefits pursuant to ORS 656.128. Dated this _ day of 1990. r/ Contra Person betting Contract le/word/ct/judgcont 1.