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Home My WebLink About02-05-2007 ITEM VIII-B-1CITY OF AGENDA BILL APPROVAL FORM x`°# WASHINGTON Agenda Subject: Date: Resolution No. 4145 February 5, 2007 Department: Attachments: Budget Impact: Human Resources Resolution No. 4145 and Agreement Administrative Recommendation: City Council adopt Resolution No. 4145. Background Summary: A resolution authorizing the mayor to negotiate and execute contracts for court commissioners for the Auburn Municipal Court. S0205-1 A1.4.1, A3.16.10 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ® Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ® Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes []No Council Approval: []Yes ❑No Call for Public Hearing Referred to Until Tabled Councilmember: Cerino Staff: Heineman Meeting Date: February 5, 2007 Item Number: V111.13.1 AUBURN *MOPE THAN YOU IMAGINED RESOLUTION NO. 41 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE CONTRACTS FOR COURT COMMISSIONERS FOR THE AUBURN MUNICIPAL COURT WHEREAS, the City of Auburn is engaged in various municipal functions, including Municipal Court Operations; and WHEREAS, people charged, for violations of criminal law, have the right to be heard in a court of law; and WHEREAS, the case load for the Auburn Municipal Court is currently too large for one judge to adjudicate all cases; and WHEREAS, the Court must remain operational during absences of the Municipal Court Judge; and WHEREAS, the law allows for Court Commissioners to be appointed to adjudicate these types of cases; and WHEREAS, the 2007-2008 biennial budget provides authorization for professional services of this type. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is authorized to negotiate and execute, on behalf of the City, agreements with at least two appropriately qualified individuals to be appointed as Court Commissioners. Such agreement shall be in Resolution No. 4145 February 5, 2007 Page 1 of 2 substantial conformity with the agreement which is attached hereto as Exhibit LIU Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2007. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. 1-16id, City Atto Resolution No. 4145 February 5, 2007 Page 2 of 2 CITY OF AUBURN CONTRACTUAL AGREEMENT FOR PROFESSIONAL SERVICES Name of Contractor Address Home telephone Emergency contact Relationship Telephone number Social security number/BusinesslD City Contact Description of work: See attached Scope of Work Start date Date of execution Services to conclude by (date) December 31, 2007 Work location: Justice Center Terms of Service $50.00/ hour, not to exceed $30,000 annually Keys to be issued? Yes No Number of keys issues If working with children or developmentally disabled individuals, are the two required background forms completed and returned to the Human Resources Department? Yes No NA The City may terminate all or part of this contract with or without cause at any time. The City may provide work references for the contractor upon request. The contractor hereby agrees to hold the City harmless from all loss or damage occasioned to it or to any third party or property by reason of any negligent acts or omissions on the part of the Contractor, his or her employees, or persons working directly or indirectly in the performance of the contract including joint acts or omissions, and shall give the City prompt notice of any such damage, loss, or injury. The contractor shall notify and receive approval from the Department Director or designee for any substitutes, changes or cancellations in the above-named performed services. Subcontracting the services of this contract is not allowed unless the Department Director receives prior approval. , The Contractor agrees and understands that he/she is an independent contractor and not the agent or employee of the City. The manner and means of providing the professional services herein are under the sole control of the Contractor. The Contractor shall be solely responsible for reporting his/her hours, earnings, income tax, and social security to the applicable federal and state agencies. The Contractor understands that he/she is not entitled to any of the benefits provided by an employer to employees including but not limited to paid leave, health insurance coverage, retirement programs or unemployment insurance. The Contractor agrees to indemnify and hold the City harmless from any claims that may result from allegations that the Contractor is not an independent contractor. Such claims may come from Internal Revenue Service, State of Washington Labor and Industries and like agencies. The Contractor agrees to comply with all governmental requirements necessitated by independent contractor statues including but not limited to the payment of taxes. Contractors Signature Date Department Head uate Director Human Resource/Risk Management Date L/Employment/ContractualAgreements/IndepContrAgreementTemp late0901 Scope of Work — Court Commissioner The Court Commissioner presides over and adjudicates a variety of hearings and trials related to criminal and civil cases in accordance with established legal procedures and professional ethics as prescribed in Washington State law; imposes appropriate sentences and penalties as prescribed by law; and communicates with other city, county and state criminal justice agencies and community service organizations. Directs and controls the proceedings involved in court hearings and trials, presides over a variety of municipal court hearings and trials in criminal and civil cases in accordance with Washington State law. Presides over and adjudicates court and jury trials, pretrial hearings, arraignments, post- conviction reviews and other hearings. Reviews and signs warrants and other documents. Researches legal issues and maintains current knowledge of legislative changes impacting municipal court procedures, knowledge of United States and Washington State Constitutions and judicial systems; municipal court rules, procedures, conduct and Rules of Evidence and laws of arrest; and State laws and City ordinances pertinent to civil, traffic and criminal cases. Hears, tries and adjudicates a variety of misdemeanor cases related to criminal, traffic and parking violations including mitigation and contested hearings. Hears and makes appropriate determinations in response to civil petitions for protection in domestic violence cases. Hears and weighs testimony and evidence presented to determine appropriate verdict of guilty or not guilty. Imposes appropriate and just sentences and penalties in accordance with the laws of the State of Washington. Utilizes remedial and community service programs as appropriate. Communicates clearly and professionally with a variety of City departments including legal, police, fire, public works and others regarding court cases, complaints and other issues. Interacts with defendants and constituents from various socio-economic backgrounds using tact, patience and courtesy. Reads, interprets, applies and explains complex codes, rules, regulations, policies and procedures to a variety of individuals. Produces written documents with clearly organized thoughts using proper sentence construction, punctuation and grammar. Works independently with some direction from the Municipal Court Judge. Shows initiative in performing job functions. L/Employment/ContractualAgreements/IndepContrAgreementTemplate0901