Resolution No. 89-49 C:I.FY OF TIGAI'C`, OREGON
RIr.SOL..0 i 1C71V NO. 89--.-4K4_.___
A RESOLUTION OF -IRE -FIGARU C.E I Y C:OUNCI.L. APPROVING PERIONAL SLRVI:CE CONERAC-1
WITH M. JANISE RUGUR, MUNICIPAL- COURT PRO -EEM JUDGE.
WHERE.-.AS. Section 10 of thu Tigard City Charter- provides For the office of
Municipal ;fudge and Chapter 2.16 of the Tiqard Munic-ipal Code provides For Lht
office of Municipal Judge Karn tempore; and
WHEREAS, M. Janise Augur has served as ..a Municipal Court pro tem Judue since:
April 9, 1987; ;:rid
WHEREAS. the Tigard City Council has found the pro tem Judge's per-for mance to
be satisfactory since that time; and
WHEREAS, the .
City Council nnw w: he;; to continuo th2 under ic,od reporting
procedure between the City, Monica.pal. Judge, and the pro toll, Judgc-; and
NOW, THEREFORE, BE IT aL'dOL.VV.D by the Tigard City Council that:
Section 1: The Personal Services Contract is entered into by mutual at rt mt
of tho parties as set forth in tho attached Exhibit "A". Ihis Contractwill
take effect Jud 0_1982 and upon taking effect shall repeal and replace all
prior verbal and writter: agrooments.
PASSED: This c-DUtIn day of /fr Lrr1939.
ATTEST: - City�uf "Fig
/) C4oi President
Deputy City Recorder - L'ity o�/7igard
APPROV ra AS '10 FORM:
City F tt:`.arr:ey --- ----
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RES01_11TION No. 89—q
EXHIBIT W
City OF IIGARD, UREGON
CoNlpf)Cl FOR PERSONAL GLRVICL',�
CON.'-RACY I I SUD ---------------
This contract, made WW entered into this day of 4urIv_ 1289, by ..71d
between the City of Tigard, a municipal corporation of the State of Oregon,
hereinafter called 'City" and hereinafter called "pro tem.
Judge", duly authorized to perform such services in Oregon
WI 'INE SSEA H:
WHEREAS, City requires the services of pro tempore Judges; and
WHEREAS, pro rem Judge is able and prepared to provide such services as
the Coy rnuires, under those terms and conditions set forth; and
WHEREAS, City and pro tem Judge desire a written agreement creating a
professional and businessliku relationship, rerving As a basis for effective
commuriicaticns 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. S
Pro tom Judge shall perforin the following personal services only whon the
Municipal mdqe is unable to perform his duties by reason of absence Train
the City, illness, vacation, disqualificuktion as provided by ukz, 221-347,
or as specifically dotrinined by the City Rp,,:order:
A. Preside over civil infraction, criminal, traffic, and parking case
arraignments, trials, and hearings following Me procedure and
process standards set by the Municipal Judge; and
B. Additional projects as directed by the City Council and agreed upon
by pro tem Judge.
2. tom ensation.
A. city agrees to pay pro tem Judge for performance of these services
outlined in this contract at a rate of $38,00 per hour and said rate
shall be paid monthly no later than the 10th of the month following
service.
EV Payment by the City shall release the Coy from ary further
obligation for payment to pro tom judge for service or services
performed or expenses incurred as of the date of the statement of
services. payw.e-
,It shall not be considered acceptance or approval of
any work or waiver of any defect therein.
C. The City certifies that sufficient funds are available and authorized
for expenditure to finance costs of this contract.
D. All work performed by pro tem Judge under this Contract shall be the
property of the City,
3. Terra OY Agreement.
Pursuant to Chapter 2.16 of the l-igard 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. Ci_tl' Rep res ntativa-
while it is recognized that pro tem 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. Box 23397, -Tigard, OR, 91223, (503)
639--4171), pursuant to Section 10 of the City Charter which: shall exclude
from supervision the exercise of jud i"al autho.r.ity functions.
5, Ci°.;y's Obl3at.i.on.
In order to facilitate the work of pro tem Judge as above outlined, City
steall furnish to pro tem Judge access to all existing information which is
in the City's possession concerning the Municipal Court caseload.
6. pro Tem=ui;3�_—' _--- n
R. pro tem Judge shall be an independent: contractor for all. purpose: and
shall be entitled to no compensation other than the compensation
provided for under, Section 2 of this Contract.
B. Pro tern Judge acknowledges that fur all purposes relat*d to this
Contract, she is and e
shall be deemed w UES ependent .:.�.....,
and not an employee of City, shall not be entitled to benefits of any
k_nd 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
thEa scope of Judge duties for the City, as provided in Section 1
herein.
C. In the eventthat pro tent Judge is found by a court of law Or an
administrative agency to be an employee of the City for any purpose,
City shall bp 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 required
to make (ti pro tem Judge or to a third party) as a result of said
finding.
7. Termination
R. This Contract may be termir>ated by either City or pro tem Judge fur
any reason whatsoever upon the giving of 30 days written notice to
either party.
B. Termination under any provision of W.s Section shall not affect any
c,. right, obligation, or liability of pro tem Judge or City which
accrued prior to such termination.
E. Indemnification.
Pro tem :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 per-sorts, 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, and/or- Agents.
9. 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 sum as a
Coi..irt may adjudge reasonable attorney's fees and court costs including
attorney's fees --arid court costs on appeal to appellate courts.
10. Rppli.cableEaw
This Contract will ':ie governed by the laws of the St.atc: of Oregon and the
City of Tigard.
11. Complete A reement
This Contract constitutes the completo agreement between City and pro to+a
Judge and super-cedes all prior written or oral discussions or ajreemerlts
IN WITNESS WHEREOF, the City has caused th's Contract be execut`ae by its
duly authorizoO :undersigned Officers, acting pursuant to resolution of the
City Council, dealy passed at the regular meeting held On theday Of June,
19a9, and the pro tem Judge has executed this Contract on the date hereinabove
first written.
C:L IYr r I BARD
P /
y �
Council es nt
Ry
6 uty City Recorder (f
JUDGE
UY �� mow`71 f
M. Janise;'Auyi."m
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DLCLARATION Of INDEPENDE,NI CONTRACTOR STATUS
DATA:
qjUa�j
I ard_qreaEn--,,–
NAME OF PERSON LETTING
PO Bax 23397,_1=iciard, Ore on
AddrOSS
Se
NAME OF INDEPENDENT CONTRACTOR
Tittle or Project(s) covored by the Declaration:
Tj--.G undarsigned hercby dec—r-e trial: all services performed under the
Contra:-.t dated shall be renderod by the independent contractor
in his status as an independent contractor-.
In consideration of the letting of this Contact, the independorit
contractor agrees to indemnify the person letting the contract for any
damages, expenses, costs and disbursements, and attorneys' fees incurred by
,aid person as a result of the independent contractor's failure to adhere to
the terms of this declaration.
The pat-ties to this declaration understand that a person who files 0
declaration ofstatus as an independent contractor is riot eligible to receiven
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 day of 1989,
`— Independen�Csatstrar_tar-
Person Letting Contract
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