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HomeMy WebLinkAbout2745 1 RESOLUTION NO 2 7 4 5 ** 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF 4 AUBURN TO EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR 5 MUNICIPAL COURT JUDGE PRO TEM SERVICES BETWEEN THE CITY AND GLENN M PHILLIPS 6 7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON IN A 8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS 9 Section 1 . The Mayor and City Clerk of the City of 10 11 Auburn, Washington, are hereby authorized to execute a 12 Professional Services Agreement for Municipal Court Judge Pro 13 Tem Services between the City and GLENN M PHILLIPS Said 14 Agreement is attached hereto, designated as Exhibit "A" and 15 incorporated by reference in this Resolution 16 17 Section 2 . The Mayor is hereby authorized to implement 18 such administrative procedures as may be necessary to carry 19 out the directives of this legislation 20 21 22 23 24 25 26 Resolution No 2745 May 14, 1996 Page 1 1 DATED and SIGNED this 20th day of May, 1996 2 3 4 CITY OF AUBURN 5 6 7 V ` - 1n 8 14�1.'s d ail ctek '� CHARLES A BOOTH 9 MAYOR 10 11 12 ATTEST 13 14 ��'I 15 /n� L �i Robin Wohlhueter, 16 City Clerk 17 18 19 APPROVED AS TO FORM 20 21 / 22 Michael J Reynolds, 23 City Attorney 24 25 26 Resolution No 2745 May 14, 1996 Page 2 1 CITY OF AUBURN 2 PROFESSIONAL SERVICES AGREEMENT 3 MUNICIPAL COURT JUDGE PRO TEM 4 5 THIS AGREEMENT is made and entered into this O<& Mday of 6 , 1996 , by and between the City of Auburn, 7 8 Washington, a municipal corporation, hereinafter referred to 9 as "CITY" , and GLENN M PHILLIPS, referred to as "JUDGE PRO 10 TEM" 11 12 WITNESSETH 13 14 WHEREAS, pursuant to Chapter 3 50 of the Revised Code of 15 Washington and Chapter 2 14 and the Auburn City Code, the City 16 has established the Auburn Municipal Court ; and 17 WHEREAS, in accordance with RCW 3 50 090 and ACC 18 2 14 060 , the Mayor of the CITY has appointed GLENN M. 19 20 PHILLIPS as a JUDGE PRO TEM of the Municipal Court; and 21 WHEREAS, it is the desire of the CITY to establish 22 certain conditions of employment of a JUDGE PRO TEM; and 23 24 25 26 Agreement-Municipal Court Judge Pro Tem Phillips Exhibit "A" Resolution No 2745 May 14, 1996 {protemgp} Page 1 1 WHEREAS, it is the desire of GLENN M. PHILLIPS to accept 2 appointment as a JUDGE PRO TEM of the Auburn Municipal Court 3 4 NOW THEREFORE, in consideration of the mutual covenants 5 herein contained, the parties agree as follows 6 Section 1, The CITY does hereby engage the professional services of GLENN M PHILLIPS as a JUDGE PRO TEM of the Auburn 8 Municipal Court to perform such judicial services as may be 9 10 required by the CITY, and the JUDGE PRO TEM does hereby agree 11 to perform such services in his capacity as the Auburn 12 Municipal Court JUDGE PRO TEM 13 Section 2 Such judicial services shall be prescribed 14 under ACC 2 14 and the laws of the State of Washington and the 15 16 United States, and such other judicial services as may be 17 directed by the appropriate authorities of the CITY 18 Section 3 The term of this Agreement is from and after 19 `1ta, , x, 1991 until December 31, 1997 20 Section 4 As compensation in full for all services 21 22 rendered by the JUDGE PRO TEM herein, the JUDGE PRO TEM shall 23 be compensated at an hourly amount of Forty and no/100th 24 dollars ($40 00) per service hour for judicial services 25 26 Agreement-Municipal Court Judge Pro Tem Phillips Exhibit "A" Resolution No 2745 May 14, 1996 {protemgp} Page 2 1 rendered during each month The JUDGE PRO TEM shall be 2 compensated for a minimum of one (1) service hour and at 3 quarter hour increments thereafter Said compensation shall 4 5 be payable at a maximum of two (2) times each month pursuant 6 to regular CITY accounts payable procedures 7 Section 5 The JUDGE PRO TEM is engaged hereunder as an 8 independent contractor and nothing contained herein shall be 9 construed as giving rise to an employer-employee relationship 10 11 between the CITY and the JUDGE PRO TEM In this regard, the 12 JUDGE PRO TEM understands and agrees that the CITY shall not 13 pay for industrial insurance, unemployment insurance or any 14 other benefits provided to CITY employees, nor will the CITY 15 withhold Social Security contributions 16 17 Section 6 The JUDGE PRO TEM shall maintain appropriate 18 records accounting for all services rendered to and on behalf 19 of the CITY, which records shall include the following 20 a The amount of time of the service 21 rendered and date such service is 22 23 rendered; and 24 b The type of service rendered 25 26 Agreement-Municipal Court Judge Pro Tem Phillips Exhibit "A" Resolution No 2745 May 14, 1996 {protemgp} Page 3 1 Section 7 All such services for which the JUDGE PRO TEM 2 is compensated herein shall be rendered by the JUDGE PRO TEM 3 herein 4 5 Section 8 In accordance with RCW 3 50 097, the JUDGE 6 PRO TEM agrees to give such bonds to the state and CITY for 7 the faithful performance of the judge ' s duties as may be by 8 law or ordinance directed 9 Section 9 This Agreement may be terminated by either 10 11 the CITY or the JUDGE PRO TEM for any reason upon thirty (30) 12 days prior written notice to the other party 13 Section 10 This Agreement contains the entire agreement 14 between the CITY and the JUDGE PRO TEM and no statements, 15 promises or inducements made by either party that are not 16 17 contained in this written Agreement shall be valid or binding 18 Section 11 This h�i s Agreement shall be effective commencing 19 L/� �i /7% 20 21 22 23 24 25 26 Agreement-Municipal Court Judge Pro Tem Phillips Exhibit "A" Resolution No 2745 May 14, 1996 (protemgp) Page 4 1 IN WITNESS WHEREOF, the parties have executed this 2 Agreement on the day and year first above written 3 4 CITY OF AUBURN 5 6 8 CHARLES A BOOTH MAYOR 9 10 11 ATTEST 12 13 14 EILI%-%thillilteXth/C_— 15 Robin Wohlhueter, City Clerk 16 17 18 APPROVED AS TO FORM 19 21 22 Michael J Reynolds, City Attorney 23 24 25 26 Agreement-Municipal Court Judge Pro Tem Phillips Exhibit "A" Resolution No 2745 May 14, 1996 {protemgp} Page 5 1 JUDGE PRO TEM 2 3 ' 'I 4 GLE M PHILLIPS 5 6 7 8 STATE OF WASHINGTON ) ) ss 9 COUNTY OF KING 10 On this 36,18.- day of `4A , 1996, before 11 me, the undersigned, a Notary Public in and for the State of 12 Washington, personally appeared GLENN M PHILLIPS, to me known 13 to be the individual who executed the within and foregoing 14 instrument, and acknowledged said instrument to be his free 15 and voluntary act and deed for the uses and purposes therein 16 mentioned 17 IN WITNESS WHEREOF, I have hereunto set my hand and 18 affixed my official seal the date hereinabove set forth 19 21 NOTARY PUBLIC in and for the State of 22 Washington, residing in 23 - 7 MY COMMISSION expires 24 25 26 Agreement-Munici.pal -Court Judge Pro Tem Phillips Exhibit "A" Resolution No 2745 May 14, 1996 {protemgp} Page 6 (HARI FS A BOOTH. MA)Mt 0 `��� AUBURN CITY ATTORNEY Michael RcJnalds,City Attorney 25 West Main, Auburn,WA 98001 Judith C Au,mnn. As. tent Cal Auorn6 Laren C Gulliver,rro.eeut Auburn CI 1. (206)931 3030 Criminal:(206)804 3108 Jane.S Ocr.msky, Pr,.eLutor Fax (206)931-3053 shi esn STATE OF WASHINGTON) ) ss. COUNTY OF KING I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2745 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No 2745 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 20th day of May, 1996 Witness my hand and the seal of the City of Auburn this 24th day of June, 1996 / Robin Wohlhueter City Clerk City of Auburn