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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