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HomeMy WebLinkAbout2816 1 RESOLUTION NO 2 8 1 6 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 PATRICK R BURNS 6 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 PATRICK R BURNS Said 14 Agreement is attached hereto, designated as Exhibit "A" and 15 16 incorporated by reference in this Resolution 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 2816 January 21, 1997 Page 1 1 DATED and SIGNED this 21st day of January, 1997 2 3 4 CITY OF AUBURN 5 6 7 8 eitetrie, 1J 12 ec 9 CHARLES A BOOTH MAYOR 10 11 12 ATTEST 13 14 15 - � / Robin Wohl 16 City Clerk 17 18 19 APPROVED AS TO FORM 21 /I ' a 21 22 Michael J Reynolds, 23 City Attorney 24 25 26 Resolution No 2816 January 21, 1997 Page 2 ORIGINAL 1 CITY OF AUBURN 2 3 PROFESSIONAL SERVICES AGREEMENT 4 MUNICIPAL COURT JUDGE PRO TEM 5 6 THIS AGREEMENT is made and entered into this (027/day of 7 8 Ora �.UY , 1997, by and between the City of Auburn, 9 W/a'shingto_n,(Ja municipal corporation, hereinafter referred to 10 as "CITY" , and PATRICK R. BURNS, referred to as "JUDGE PRO 11 TEM" 12 13 WITNESSETH 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 19 2 14 060, the Mayor of the CITY has appointed PATRICK R. BURNS 20 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 WHEREAS, it is the desire of PATRICK R BURNS to accept 24 25 appointment as a JUDGE PRO TEM of the Auburn Municipal Court 26 Agreement-Municipal Court Judge Pro Tern Patrick R Bums Exhibit A Resolution No 2816 January 21, 1997 1protempb} Page 1 1 NOW THEREFORE, in consideration of the mutual covenants 2 herein contained, the parties agree as follows 3 4 Section 1 The CITY does hereby engage the professional 5 services of PATRICK R BURNS as a JUDGE PRO TEM of the Auburn 6 Municipal Court to perform such judicial services as may be 7 required by the CITY, and the JUDGE PRO TEM does hereby agree 8 to perform such services in his capacity as the Auburn 9 10 Municipal Court JUDGE PRO TEM 11 Section 2 Such judicial services shall be prescribed 12 under ACC 2 14 and the laws of the State of Washington and the 13 United States, and such other judicial services as may be 14 directed by the appropriate authorities of the CITY 15 16 Sectionr�3� The term of this Agreement is from and after 17 l/1)j�/ 1444 �/ I /1/41/% 1 until December 31, 1997 18 V Section 4 As compensation in full for all services 19 rendered by the JUDGE PRO TEM herein, the JUDGE PRO TEM shall 20 be compensated at an hourly amount of Forty and no/100th 21 22 dollars ($40 00) per service hour for judicial services 23 rendered during each month The JUDGE PRO TEM shall be 24 compensated for a minimum of one (1) service hour and at 25 26 Agreement-Municipal Court Judge Pro Tem Patrick R.Burns Exhibit A Resolution No.2816 January 21. 1997 {protempb} Page 2 1 quarter hour increments thereafter Said compensation shall 2 be payable at a maximum of two (2) times each month pursuant 3 4 to regular CITY accounts payable procedures 5 Section 5 The JUDGE PRO TEM is engaged hereunder as an 6 independent contractor and nothing contained herein shall be 7 construed as giving rise to an employer-employee relationship 8 between the CITY and the JUDGE PRO TEM In this regard, the 9 10 JUDGE PRO TEM understands and agrees that the CITY shall not 11 pay for industrial insurance, unemployment insurance or any 12 other benefits provided to CITY employees, nor will the CITY 13 withhold Social Security contributions 14 Section 6 The JUDGE PRO TEM shall maintain appropriate 15 16 records accounting for all services rendered to and on behalf 17 of the CITY, which records shall include the following 18 a The amount of time of the service 19 rendered and date such service is 20 rendered; and 21 22 b The type of service rendered 23 24 25 26 Agrcement-Municipal Court Judge Pro Tem Patrick R.Bums Exhibit A Resolution No.2816 January 21, 1997 ;protempb} 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 a 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 10 Section 9 This Agreement may be terminated by either 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 16 promises or inducements made by either party that are not 17 contained in this written Agreement shall be valid or binding 18 Section 11 This Agreement shall be effective commencing 20 C4,tu et 6/ l 9Q 21 22 23 24 25 26 Agreement-Municipal Court Judge Pro Tem Patrick R.Burns Exhibit A Resolution No.2816 January 21. 1997 ;protempb} Page 4 IN WITNESS WHEREOF, the parties have executed this 2 Agreement on the day and year first above written 3 4 5 CITY OF AUBURN 6 7 C ►ACtN'ES au 8 CHARLES A BOOTH 9 MAYOR 10 11 12 ATTEST 13 14 ae' Lmoaktiowbczty 15 Robin Wohlhueter, 16 City Clerk 17 18 APPROVED AS TO FORM 19 21 21 22 Michael J Reynolds, City Attorney 23 24 25 26 Agreement-Municipal Court Judge Pro Tern Patrick R Burns Exhibit A Resolution No.2816 January 21. 1997 (protempb} Page 5 1 JUDGE PRO TEM 2 1 3 4 PATRICK R BURNS 5 6 7 8 STATE OF WASHINGTON ) 9 ) ss COUNTY OF KING 10 On this 2,1 day of 6rcIYi' 7 , 1997, before 11 me, the undersigned, a Notary Public in and for the State of 12 Washington, personally appeared PATRICK R BURNS, 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 20 21 NOTARY PUBLIC in and for t e Sta- - o 22 Washington, residing in /is,' 23 MY COMMISSION expires 'G 11 4 24 25 26 Agreement Mu i c:pai Coin June Pro Tem Patrick R Burns Exhibit A •Resohition No'2816 January 21, 1997 {protempb) Page 6 RECORDS MANAGEMENT Ordinance No Resolution No.c-22l4 Date Adopted //vz O 7 Copies to 1 ) Department Contact(s). f - d Finance Department (Copy if relates to fees, charges, or any accounting responsibility) 2.) Code Book: 3 ) Recording File. _ 4 ) Citizen Requests. NAME Address cc: City Clerk CO Of CHARLES A.BOOTH,MAYOR Si;b AUBURN CJTY CLERK Robin Wohlhueter,City Clerk „ 25 West Main, Auburn,WA 98001 Dam Daskam, Deputy City Clerk 1l City Clerk.(206)931 3039 Tame Bothell,Records/License Clerk }Business Registration:(206)931 3007 Fax:(206)931-3053 17 5 C ashine 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. 2816 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No 2816 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 21st day of January, 1997 Witness my hand and the seal of the City of Auburn this 3rd day of March, 1997 egg W�,l 4 /m Robin Wohlhueter City Clerk City of Auburn