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HomeMy WebLinkAboutRes 2022-01-1093 First Amendment to Agreement for Municipal Judge Services (Hon. Paul J. Liston)CITY OF ANNA, TEXAS A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL JUDGE SERVICES WHEREAS, the City Council ("City Council") of the City of Anna, Texas ("City") desires to approve and authorize the continued engagement of attorney Paul J. Liston to provide the services specifically described in and under the terms of the First Amendment to Professional Services Agreement for Municipal Judge Services ("Amendment") that is attached hereto as Exhibit A and incorporated herein as if set forth in full; and WHEREAS, the City Council has determined that the Amendment between the City and attorney Paul J. Liston be approved as it is at a fair and reasonable price and the City Manager's execution of same should be authorized and approved, as set forth herein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the Amendment attached hereto as Exhibit A and authorizes and approves the City Manager's execution of same, constituting the continued appointment of Paul J. Liston as Municipal Court Judge for the City of Anna Municipal Court No. 2. PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 25tn day of January 2022. ATTESTED: 'kill III ,f,A�PPROVED: Ole City Secretary, Carrie L. Land u May cNate Pike r rE ffflIli1t1100 City of Anna, Texas Resolution No. Page 1 of 1 EXHIBIT A FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL JUDGE SERVICES STATE OF TEXAS § COUNTY OF COLLIN § THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL JUDGE SERVICES (this "Amendment") is made and entered into as of the 25tn day of January 2022, by and between the City of Anna, Texas, a Texas municipal corporation, with its principal office at 111 N. Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "City" and Paul J. Liston with his office address of PO Box 1882, Rowlett, Texas 75030-1882, hereinafter called "Judge". WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: AMENDMENT TO ARTICLE 3 "TERM OF SERVICE, TERMINATION AND RESIGNATION" The City and the Judge agree that effective January 25, 2022 the Professional Services Agreement for Municipal Judge Services (the "Agreement") attached hereto as Exhibit 1 is amended by amending Article 3 "Term of Service, Termination and Resignation" to read as follows: "This Agreement shall become effective upon execution of this Agreement by City and the Judge. Nothing in this Agreement prevents, limits or otherwise interferes with the right of the Council, or the Judge, to terminate the services of the Judge subject to applicable state law. If the Judge terminates this Agreement by voluntary resignation, the Judge must give at least 30 days' notice in advance unless the Council agrees otherwise. During the Judge's service, the term of this Agreement is for two years beginning on the date of its execution by both parties. Unless the Council terminates the services of the Judge within 90 days of the end of a term, the Judge will continue to serve for an additional two-year term —deemed to have begun on the day after the expiration of the preceding term —under the same terms of this Agreement." AMENDMENT TO ARTICLE 4 "COMPENSATION" The City and the Judge agree that effective January 25, 2022 the Agreement is further amended by amending Article 4 "Compensation" to read as follows: "For judicial services performed by the Judge on or after January 25, 2022 in furtherance of the duties and functions set forth in Article 2 of the Agreement, the City agrees to pay the Judge and the Judge accepts payment at an hourly rate of $180 and a one-time lump sum payment in the amount of $ 1401W payable within 30 days of the effective date of /E FRIST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES Page 1 of 2 this Agreement. The compensation paid at the hourly rate is payable within a reasonable period, but no longer than 45 days after receiving an itemized billing statement from the Judge showing all work performed in increments of tenths of an hour. As additional compensation, the Judge shall be entitled annually to a $25 reimbursement for expenses paid by the Judge related to state -mandated continuing education for municipal judges." NO FLIRTER AMENDMENTS Except as set forth above this Amendment does not amend any provision of the Agreement, which shall remain in full force and effect. AS WITNESSED, the City and the Judge have executed this Amendment effective as of January 25, 2022. Jim Rroce ATTEST: Carrie L. Land, City Secretary ,TEXAS ity Manager AGREED AND ACCEPTED this the 25th day of January 2022. Paul J. Liston City of Anna Municipal Court Judge FRIST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES Page 2 of 2 PROFESSIONAL SERVICES AGREEMENT Exhibit 1 FOR MUNICIPAL JUDGE SERVICES STATE OF TEXAS § COUNTY OF COLLIN § THIS AGREEMENT is made and entered into as of the 9day of February, 20 I by and between the City of Anna, Texas, a Texas municipal corporation, with its principal office at 111 North Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "City" and Paul J. Liston with his office address of PO Box 1882, Rowlett, Texas 75030-1882, hereinafter called "Judge" acting herein, by and through their themselves or their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT City hereby contracts with Judge, as an independent contractor, and the Judge hereby agrees to perform the services herein in connection with the Position as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following position: The position shall include, without limitation, the general services traditionally performed by a municipally retained or employed Municipal Court Judge including without limitation the services described under Article 2 of this Agreement. ARTICLE 2 SCOPE OF SERVICES The Judge shall perform the duties and functions specified in applicable provisions of the City of Anna Home -Rule Charter and the City's ordinances, as amended, and other applicable State law and local ordinances and regulations pertaining to the position of a Municipal Court Judge and as the City Council may, from time to time, assign to the Judge, consistent with the intent of this Agreement. ARTICLE 3 TERM OF SERVICE, TERMINATION AND RESIGNATION This Agreement shall become effective upon execution of this Agreement by City and the Judge. The Judge serves at the pleasure of the City Council and nothing in this Agreement prevents, limits or otherwise interferes with the right of the Council, or the Judge, to terminate PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES Page 1 of 5 the services of the Judge at any time. If the Judge terminates this Agreement by voluntary resignation, the Judge must give at least 30 days notice in advance unless the Council agrees otherwise. During the Judge's service, the term of this Agreement is for two years beginning on the date of its execution by both parties. Unless the Council terminates the services of the Judge i wthin 90 days of the end of a term, the Judge will continue to serve for an additional two-year term —deemed to have begun on the day after the expiration of the preceding term —under the same terms of this Agreement, except that the Judge will continue to receive the same rate of compensation for the additional two-year term that the Judge was receiving at the and of the second year of the Judge's earlier two-year term. City agrees to pay the Judge and the Judge accept payment at an hourly rate of $100 during the first year of service for all work performed in furtherance of the duties and functions set forth in Article 2, above. This rate shall increase to an hourly rate of $130 after the first full year of service. This compensation is payable within a reasonable period, but no longer than 45 days, after receiving an itemized billing statement from the Judge showing all work performed in increments of tenths of an hour. As additional compensation, the Judge shall be entitled annually to a $25 reimbursement for expenses paid by the Judge related to state - mandated continuing education for municipal judges. ARTICLE 5 INDEPENDENT CUNTRACTOR The Judge shall provide services to the City as an independent contractor, not as an employee %J the City. The Judge shall not have or claim any right arising from employee status. The City shall not control the means, methods, sequences, procedures, or techniques utilized by the Judge to perform work or services under this Agreement or any associated task order. To the fullest extent permitted by law, the City must defend, save harmless and indemnify Judge against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Judge's duties within the Judge's lawful jurisdiction, and must obtain and keep in full force and effect liability insurance, or risk pool coverage, including errors and omissions coverage on a "per occurrence" basis, in sufficient amounts to assure accomplishment of this hold harmless and indemnification provision; provided that this section does not create any right, cause of action, or claim of waiver or estoppel for or on behalf of any third party, nor is it a waiver or modification of the availability of the defense of governmental immunity or any other legal defense, limitation or immunity available to either the City or the Judge as to any PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES Page 2 of 5 third party, and provided further that City is not obligated to indemnify and hold harmless the Judge from and with respect to any claim or liability for which the conduct of the Judge is found by the courts to have been grossly negligent or to have committed intentionally wrongful conduct. This indemnification extends beyond and survives the termination of employment and the expiration of this Agreement. 0111 OL• • It is recognized that the Judge is expected to engage in the hours of work that are necessary to fulfill the obligations of the position. The Judge agrees to devote the amount of time necessary for the full and proper performance of the Judge's duties and that the compensation provided for in this Agreement includes compensation for the performance of all services rendered. ART NOTICES All notices, demands, and other writings may only be delivered by either party to the other by United States Mail, or by a reliable commercial courier at the following addresses: To Judge: Paul Liston The Liston Law Firm, P.C. PO Box 1882 Rowlett, Texas 75030-1882 To City: City Manager City of Anna 111 North Powell Parkway P.O. Box 776 Anna, Texas 75409 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing. ARTICLE 9 CONFLICT OF INTEREST PROHIBITION The Judge may not, during the Term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City, except for stock ownership in a company whose capital stock is publicly held and regularly traded on any stock exchange, without the prior written approval of the Council. For and during the Term of the Agreement, the Judge may not invest in any real estate or property improvements within the City without the prior written consent of the Council, except for a personal residence or residential property acquired or held for future use as the Judge's personal residence. The Judge must also comply at all times with all provisions of the City's Code of Ethics, as amended. PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES Page 3 of 5 ARTICLE 10 GOVERNING LAW This Agreement is governed by the laws of the State of Texas. Venue for any dispute arising out of this Agreement is exclusively in Collin County, Texas. ARTICLE 11 ENTIRE AGREEMENT This Agreement incorporates all the agreements, covenants and understandings between the City and the Judge concerning its subject matter, and all covenants, agreements and understandings have been merged into this written Agreement. No other agreements or understandings, verbal or otherwise, of the parties or their agents are valid or enforceable unless embodied in this Agreement. ARTICLE 12 SEVERABILITY In the event any one or more of the sections, provisions or clauses contained in this Agreement is for any reason held to be invalid, illegal or unenforceable in any respect, it does not affect any other provision of this Agreement, and this Agreement will be construed as if the invalid, illegal or unenforceable provision does not exist. ARTICLE 13 WAIVER With the sole exception of an action seeking specific pertormance of this Agreement, the Judge waives all remedies at law and in equity in connection with any dispute arising out of this Agreement, including but not limited to any claim for attorney fees. ARTICLE 14 ASSIGNABILITY The Judge shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) or allow any other persons to discharge the scope of services set forth in this Agreement without the prior written consent of the City. This provision is not intended to limit the Judge's ability, when appropriate and lawful, to transfer or receive a transferred case from another of the City's municipal judges or courts. ARTICLE 15 MODIFICATIQN This Agreement may not be modified or amended except by a written instrument executed by the Judge and the duly authorized representative of the Council. PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES Page 4 of 5 ARTICLE 16 COUNTERPARTS This Agreement may be executed in duplicate original counterparts, each of which when executed is deemed to be an original, and those counterparts together constitute the same instrument. AS WITNESSED, the City and the Judge have executed this Agreement effective as of the date first written above. ATTEST; AGREED AND ACCEPTED this the day of , 201 Q. Paul J. Liston City of Anna Municipal Court Judge PROFESSIONAL SERVICES AGiREEMENT FOR MUNICIPAL COURT JUDC3E SERVICES Page 5 of 5