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Benton County
Personal Services Agreement Commissioner - Benton County District Court

THIS PERSONAL SERVICES AGREEMENT is entered into between BENTON COUNTY a political subdivision of the State of Washington, and; KATHARINE A. BUTLER (hereinafter referred to as "Commissioner")

Purpose

The purpose of this agreement is to provide basic services in Benton County District Court pursuant to RCW 3.42.010

Term of Agreement

The term of this agreement shall be for the period commencing March 12, 1997 and concluding on December 31, 1997. The Agreement may be reviewed on an annual basis commencing January 1, 1998. If the agreement is not renewed on or before the first day of January, 1998, it shall continue in full force and effect until either party gives thirty days' written notice of intent to terminate the agreement.

Scope of Services

The necessary services provided by the Commissioner shall include, but are not limited to the following;

1. The Commissioner shall be available at 8:30 A.M. and again at 1:30 P.M. each Wednesday for scheduled dockets. In the event that the Commissioner is not able or is unavailable to be present on the day and time scheduled, the Commissioner shall be responsible for making arrangements for someone to cover at the Commissioners expense from the District Court list of Judge Pro Tem's. Failure to provide the services as agreed herein may be grounds for termination of this contract and in addition, three hundred forty six dollars ($346) shall be deducted from the Commissioner's monthly compensation for each day that the Commissioner does not comply with the "scope of services" provision.

Compensation

Benton County District Court shall compensate the Commissioner at a monthly rate of fifteen hundred dollars ($1500). Payment shall be made by the 20th of the month following the close of the previous month

Expenses

The Commissioner shall not charge Benton County District Court for expenses incurred in providing their services.

Compliance with Laws

The Commissioner shall, in performing the services contemplated by this agreement, faithfully observe and comply with all Federal, State, Local Laws, ordinances, regulations, and the Code of Judicial Conduct as applicable to part time Judicial Officers and District Court policies appropriate to the services to be rendered under this agreement

Independent Contractor

The Commissioner and BENTON COUNTY agree that the Commissioner is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. The Commissioner shall not be entitled to any benefits accorded Benton County employees by virtue of the services provided under this agreement. Benton County shall not be responsible for withholding or otherwise deducting federal income tax or social security, for contributing to the state industrial insurance program or otherwise assuming the duties of an employer with respect to the Commissioner

Assignment

The Commissioner shall not assign any of the services covered by this agreement without the express written consent of Benton County District Court.

Non-Waiver

Waiver by Benton County District Court of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision

Integrated Agreement

This agreement represents the entire and integrated agreement between Benton County District Court and the Commissioner and supersedes all prior negotiations, representations or agreements written or oral. This agreement may be amended only by written instrument signed by the Presiding Judge of Benton County, the Chair of the Benton County Board of Commissioners and the Commissioner,

Jurisdiction and Venue

This agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought hereunder shall be in the District Court for Benton County.

Changes, Modifications and Amendments

This agreement may be waived, changed, modified or amended only by written agreement executed by all of the parties hereto.

Severability

If a provision of this agreement or any provision of any document Incorporated by reference shall be held Invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision and to this end and the provisions of this agreement are declared to be severable.

Non-discrimination Policy

The Commissioner agrees to adhere to the nondiscrimination policy of Benton County and to execute in writing an assurance of compliance with that policy.

All writings contained herein

This agreement sets forth in full the entire agreement of the parties, and any other agreement, representation or understanding, verbal or otherwise, is hereby deemed to be null and void and of no force and effect whatsoever.

IN WITNESS WHEREOF; The parties have executed this agreement on March 12th 1997.