HomeMy WebLinkAboutRes 2010-02-02 Municipal Judge Services.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2010-02-02
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING THE
PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL JUDGE SERVICES
WHEREAS, the City Council ("City Council") of the City of Anna, Texas ("City") has
detennined that the City is need of appointing and retaining the services of a municipal
court judge for Municipal Court No.2 to preside over said Court and that said
appointment will benefit the health, safety and welfare of the citizens and the general
public; and
WHEREAS, the City Council has detennined, based on submissions received from
various candidates, that the most highly qualified provider of such services on the basis
of demonstrated competence and qualifications appears to be attomey Paul J. Liston;
and
WHEREAS, the City Council desires to approve and authorize the engagement of
attorney Paul J. Liston to provide the services specrfically described in and under the
terms of the Professional Services Agreement for Municipal Judge Services
("Agreement") that is attached hereto as Exhibit 1 and incorporated herein as if set forth
in full; and
WHEREAS, the City Council has detennined that the Agreement between the City and
attorney Paul J. Liston be approved as it is at a fair and reasonable price and the City
Managers execution of same should be authorized and approved, as set forth herein.
NOW "rHEREFORE, 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 Agreement attached hereto as Exhibit 1 and
authorizes and approves the City Manager's execution of same, constituting the
appointment of Paul J. Liston as Municipal Court Judge for the City of Anna Municipal
Court NO.2.
Res. 2010-02-02 Professional Services Agreement Municipal Judge.doc Page1of2 02-Q9.10
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 9th
day of February, 2010.
ATTESTED:
Res. 2010-02-02 Professional Services Agreement Municipal Judge.doc Page2of2 02-09-10
PROFESSIONAL SERVICES AGREEMENT I IExhibit 1
FOR MUNICIPAL JUDGE SERVICES
STATE OF TEXAS §
§
COUNTY OF COLLIN §
THIS AGREEMENT is made and entered into as of the 9th day of February, 2010, 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
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, 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 end of the
second year of the Judge's earlier two-year term.
ARTICLE 4
COMPENSATION
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 houny 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 CONTRACTOR
The Judge shall provide services to the City as an independent contractor, not as an
employee of 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.
ARTICLE 6
INDEMNIFICATION
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 SERV1CES 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.
ARTICLE 7
HOURS OF WORK
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.
ARTICLE 8
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: To City:
Paul Liston City Manager
The Liston Law Firm, P.C. City of Anna
PO Box 1882 111 North Powell Parkway
Rowlett, Texas 75030-1882 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
Page30f5
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 anyone 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 performance 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
MODIFICATION
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
Page4of5
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PROFESSIONAL SERVICES AGREEMENT I JExhlbK 1
FOR MUNICIPAL JUDGE SERVICES
STATE OF TEXAS §
§
COUNTY OF COLLIN §
THIS AGREEMENT is made and entered into as of the 9th day of February, 2010, 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 of5
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
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, 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 end of the
second year of the Judge's earlier two-year term.
ARTICLE 4
COMPENSATION
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 CONTRACTOR
The Judge shall provide services to the City as an independent contractor, not as an
employee of 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.
ARTICLE 6
INDEMNIFICATION
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 govemmental 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
Page2of5
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.
ARTICLE 7
HOURS OF WORK
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.
ARTICLE 8
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: To City:
Paul Liston City Manager
The Liston Law Firm, P.C. City of Anna
PO Box 1882 111 North Powell Parkway
Rowlett, Texas 75030-1882 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 of5
ARTICLE 10
GOVERNING LAW
This Agreement is govemed 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 anyone 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 performance 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
MODIFICATION
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
Page4of5
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 Cj-tl-day of ~b('"'" r y ,2010.
Paul J. Liston
City of Anna Mu cipal Court Judge
PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES
Page 5 of5