HomeMy WebLinkAboutResolution 2025-55, 2026-2029 Professional Services Agreement between COEW and Clarke W. Tibbits for Municipal Court JudgeCity of East Wenatchee Resolution 2025-55 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
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City of East Wenatchee, Washington
Resolution No. 2025-5 5
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor
to execute an Agreement between the City of East Wenatchee and Clarke W.
Tibbits for services as Municipal Court Judge.
1.Alternate format.
a.Para leer este documento en un formato alternativo (español, Braille,
leer en voz alta, etc.), comuníquese con la administradora municipal al
alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711
(TTY).
b.To read this document in an alternate format (Spanish, Braille, read
aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2.Authority.a.RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council toorganize and regulate its internal affairs and to define the powers,functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3.Authorization. The City Council authorizes the Mayor to execute aProfessional Servcies Agreement that conforms to the language set forth inExhibit A.
4.Severability. If a court of competent jurisdiction declares any provision inthis resolution to be contrary to law, such declaration shall not affect thevalidity of the other provisions of this Resolution.
5.Effective Date. This Resolution becomes effective immediately.
City of East Wenatchee Resolution 2025-55 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
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Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 18th day of November 2025.
CITY OF EAST WENATCHEE, WASHINGTON
By Jerrilea Crawford, Mayor
ATTEST:
Anna Laura Leon, City Clerk
Approved as to form only:
Bob Siderius, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Effective Date:
11-13-2025
11-18-202511-18-2025
Jerrilea Crawford (Dec 4, 2025 10:39:06 PST)
Jerrilea Crawford
Professional Services Contract for Municipal Court Judge
Page 1 of 6
Professional Services Agreement for Municipal Court Judge
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”), by and between the
City of East Wenatchee, a municipality of the State of Washington (“City”), and Clarke W. Tibbits,
individually referred to as “Party” and collectively as the “Parties,” is effective on the last date as
signed by the Parties below.
Recitals.
1.1. As authorized by Chapter 3.50 of the Revised Code of Washington (“RCW”), the City established the East Wenatchee Municipal Court. The East Wenatchee Municipal Court has jurisdiction and exercises all powers vested in municipal courts, as are conferred upon such courts in the State of Washington, either by common law or by express statute or ordinance. 1.2. Chapter 2.14 of the East Wenatchee Municipal Code (“EWMC”) and Chapter 3.50 RCW authorize the City to appoint a Municipal Court Judge to preside over the hearings and proceedings of the East Wenatchee Municipal Court.
1.3. Clarke W. Tibbits has sought the appointment to the part-time position of Municipal Court Judge for the East Wenatchee Municipal Court.
1.4. The City’s Mayor deems Clarke W. Tibbits qualified to hold such position and desires
to appoint Clarke W. Tibbits to the position of Municipal Court Judge for the City of East
Wenatchee Municipal Court.
NOW, THEREFORE, in consideration of the recitals set forth above, and in consideration of
the mutual execution of this agreement, the City and Clarke W. Tibbits agree as follows:
AGREEMENT
2.1 Appointment of Municipal Court Judge. Pursuant to RCW 3.50.040 and EWMC 2, City
appoints Clarke W. Tibbits as the presiding judge of the East Wenatchee Municipal Court.
2.2 Limitations on Discipline. Pursuant to Article IV, § 31 of the Washington Constitution the
City is prohibited from disciplining Clarke W. Tibbits or removing him from office. Clarke W. Tibbits is not
subject to discipline or removal from office, except by action of the Commission on Judicial Conduct and the
Supreme Court.
2.3 Term of Agreement. As required by RCW 3.50.050 and GR 29(l)(1), the Mayor
appoints Clarke W. Tibbits to serve as the City’s Municipal Court Judge for a term of four years
beginning January 1, 2026 and terminating December 31, 2029.
2.4 Independent Judicial Branch. The Municipal Court is a part of an independent branch of
government and Clarke W. Tibbits must act in accordance with the provisions of the Code of Judicial
Conduct, GR 29, and Washington State Court rules.
EXHIBIT A
Professional Services Contract for Municipal Court Judge
Page 2 of 6
2.5 Scope of work. Clarke W. Tibbits agrees to perform the following services:
2.5.1 Serving as East Wenatchee Municipal Court Presiding Judge and
administering the court and sitting as judge and hearing examiner. Clarke W. Tibbits
is expected to work a minimum of two days per week conducting regular court
calendars and hearings.
2.5.2 Perform all duties legally prescribed for a judicial officer according to state
law, the requirements of the Code of Judicial Conduct, and Washington State court rules.
2.5.3 Supervise the daily operations of the court and all personnel assigned to
perform court functions in accordance with the provisions of GR 29(e) and (f), and
RCW 3.50.080.
2.5.4 Supervise the East Wenatchee Municipal Court accounts.
2.5.5 Audit the procurement and disbursement of appropriations.
2.5.6 Prepare the East Wenatchee Municipal Court’s annual budget for submission
to the City Council.
2.5.7 Serve as administrative hearing examiner and conduct hearings as the
administrative hearing examiner for purposes of RCW 69.50.505 SEIZURE AND
FORFEITURE, as amended.
2.5.8 Perform the services enumerated above and all other services required of a
municipal court judge in accordance with all laws, rules, and regulations governing
the administration of a court of limited jurisdiction in Washington; and
2.5.9 Comply with each provision in the Code of Judicial Conduct.
For purposes of section 2.5.7 above, the City will defend, hold harmless, release and
discharge Clarke W. Tibbits from all claims, demands or actions arising from his appointment and/or
duties as such administrative hearing examiner.
2.6 Compensation. In 2026, the City will pay Clarke W. Tibbits $9,642.36 per month for
performing the work set forth in this Agreement.
2.6.1 On January 1st of each year, the City will increase Clarke W. Tibbits’ annual base salary 100% of the U.S. Consumer price Index for Urban Wage Earners and Clerical Worker (CPI-W) July to July statistics for the Pacific Region (Series ID # CWUR0490SA0) The increase, however, may not be less than 1% and may not be more than 3%.
2.6.2 The City shall pay for Clarke W. Tibbits’ required membership in the District and Municipal Court Judges' Association.
2.6.3 The City will pay Clarke W. Tibbits’ compensation as wages to an employee. Accordingly, the City must withhold all state and federal taxes and other employer and employee required withholdings.
EXHIBIT A
Professional Services Contract for Municipal Court Judge
Page 3 of 6
2.6.4 Clarke W. Tibbits shall keep a record of hours worked as Municipal Court Judge and submit the record of hours worked to the city no less than twice per month on or before the 1st and the 15th of each month. Upon receipt of a completed time sheet, the City will pay Clarke W. Tibbits on or before the 5th and 20th of each month. Hours worked shall not be considered for purposes of compensation but may be considered for other things, such as eligibility for state retirement benefits.
2.7 Financial Matters. Clarke W. Tibbits shall administer the Municipal Court’s
financial or budgetary functions in conformance with City policies and standard accounting
procedures, BARS and JIS and with the concurrence of the City Treasurer. Clarke W. Tibbits must
comply with any written directive he receives from the Mayor regarding wages and benefits for
Court staff.
2.8 No Authority to Bind the City. Clarke W. Tibbits has no authority to bind, and may
not sign any contract on behalf of, the City without approval of the City Council.
2.9 Non-Discrimination. Clarke W. Tibbits agrees not to discriminate against any
employee or applicant for employment because of race, creed, color, national origin, sex, honorably
discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service animal by a person with a disability or
for any other classification protected by state or federal law.
2.10 Pro Tem Judges. As provided by RCW 3.50.090, and at his sole discretion, Clarke
W. Tibbits may appoint pro tem judges. From time to time the use of pro-tem judges will be
necessary in the court.
2.10.1 To allow Clarke W. Tibbits to miss court dates for personal reasons (vacation, illness), the City will pay for the services of a pro- tem judge up to a maximum of $4,000 each year. If Clarke W. Tibbits exceeds the maximum limit of $4,000, the City will deduct the cost of missing court dates for personal reasons from Clarke W. Tibbits’s total compensation.
2.10.2 If a pro-tem judge is used because of a conflict of interest on Clarke W. Tibbits's part, or because of the filing of an affidavit of prejudice, Clarke W. Tibbits is not excused from fulfilling any other administrative or calendar duties as may be necessary during such usage.
2.10.3 If it is determined by appropriate third-party authority having jurisdiction over Court activities (such as the Commission on Judicial Conduct or the Washington State Supreme Court) that the use of pro-tem judges resulted from the wrongful acts of Clarke W. Tibbits, then Clarke W. Tibbits is responsible and liable for the costs and expenses incidental to the use of such pro-tem judge(s).
2.11 Court Facilities. The City will provide a suitable place for holding court and will pay for all of the expense of maintaining it. The City will also furnish supplies and equipment sufficient for the operation of the Court.
2.12 Independent Contractor. Clarke W. Tibbits is an independent contractor. To the extent it does not interfere with his appointment as a judge, Clarke W. Tibbits may perform professional work during the term of this Agreement.
EXHIBIT A
Professional Services Contract for Municipal Court Judge
Page 4 of 6
2.13 Licensing. Clarke W. Tibbits agrees to comply with all applicable state standards for the licensing, certification, operation of facilities and accreditation, if any, necessary to serve as East Wenatchee Municipal Court Judge.
2.14 Contract Administration. The Mayor will administer this Agreement on behalf of the City. The parties must serve or mail any written notice required by this Agreement to the following addresses:
Clark W. Tibbits City of East Wenatchee
1 S. Chelan Ave. Mayor’s Office
Wenatchee, WA 98801 270 9th Street NE
East Wenatchee, WA 98802
2.15 Representations. Clarke W. Tibbits represents and affirms that he is: 1) a citizen of the United States of America; 2) a citizen of the State of Washington; 3) a resident of Douglas County; and 4) an attorney admitted to practice law before the courts of record of the State of Washington.
2.16 Opportunity for Independent Review. Clarke W. Tibbits represents that he: 1) considered the terms of this Agreement for a reasonable time; 2) had the opportunity to have this Agreement reviewed by an attorney of his choosing; 3) fully understood the significance and consequences of each term of this Agreement before signing; and 4) voluntarily signed this Agreement after full reflection and analysis.
2.17 Property and Confidential Information. Clarke W. Tibbits must not, without the prior written consent of the City, disclose to third parties information that is not otherwise subject to public disclosure unless:
2.17.1 The information is known to Clarke W. Tibbits prior to receiving the same directly or indirectly in connection with the work;
2.17.2 The information is in the public domain at the time of disclosure by Clarke W. Tibbits; or
2.17.3 The information is received by Clarke W. Tibbits from a third party who does not have an obligation to keep the same confidential.
2.18 Interdepartmental Cooperation. Clarke W. Tibbits agrees to administer the court at all times so as to comply with any reasonable request made by a City department, by the Mayor, or by the City Council, so long as complying with a reasonable request does not impair the necessary independence of the Court. Clarke W. Tibbits shall consult with the City’s Human Resources director to ensure that the administration of the Municipal Court staff complies with state and federal laws governing employment rights, including the Family and Medical Leave Act, Paid Family and Medical Leave Act, Americans with Disabilities Act, and any other laws affecting rights of employees in the workplace. This obligation to consult does not constitute a delegation of authority and does not supersede Clarke W. Tibbits’ authority to administer his staff or to retain independence of his judicial office. This requirement is intended to ensure that City staff employed in the Municipal Court enjoy full benefits and protections of state and federal law with respect to their employment.
EXHIBIT A
Professional Services Contract for Municipal Court Judge
Page 5 of 6
2.19 Indemnification. Clarke W. Tibbits releases and will defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents and volunteers for any and all claims, demands, losses, negligent acts or omissions, and liabilities (including costs and all attorney's fees) to or by any and all persons and entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of Clarke W. Tibbits or by the Clarke W. Tibbits' breach of this Agreement.
2.20 Insurance. Clarke W. Tibbits must maintain Professional Errors and Omissions Liability insurance which must provide coverage for any negligent professional acts, errors or omissions for which Clarke W. Tibbits is legally responsible. Before January 30 of each year, Clarke W. Tibbits must furnish the City with a copy of a current certificate of insurance.
2.21 Full Agreement. This Agreement and all attachments form all of the covenants, promises, agreements and conditions, between the parties.
2.22 Full Force and Effect. If any provision of this Agreement is declared invalid, the remaining provisions remain in full force and effect.
2.23 Survivability. The obligations of Clarke W. Tibbits under all provisions of this Agreement, which may reasonably be interpreted or construed as surviving the completion, termination, or cancellation of this Agreement, survive the completion, termination, or cancellation of this Agreement.
2.24 Retention Decision. The City will not base its decision to retain Clarke W. Tibbits’ services in the future on his performance relative to imposing legal financial obligations or generating revenue.
2.25 Conflict of Interest. Clarke W. Tibbits represents that he does not have a business interest or close family relationship with any City officer or employee who was, is, or will be involved in Clarke W. Tibbits’ selection, negotiation, drafting, signing, administration or evaluation of the Clarke W. Tibbits' performance.
2.26 Modification. This Agreement constitutes the entire agreement between the parties. Except with the written consent of both parties, neither party may modify this Agreement.
2.27 Governing Law and Venue. The laws of the State of Washington govern the interpretation, construction, and enforcement of this Professional Services Agreement (“Agreement”). Douglas County Superior Court is the venue for any legal dispute regarding this Agreement.
2.28 Attorney’s Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, each party must bear its or his own attorney’s fees, expert witness fees, filing fees, or other costs incurred in that action.
2.29 Severability. If a competent court of law determines any section or portion of this Agreement to be unlawful, such determination does not affect the remaining terms and conditions of the Agreement.
2.30 Non-waiver. By waiving a default or breach of this Agreement, a party does not waive any other prior or subsequent default or breach. A waiver does not modify the terms of this agreement.
EXHIBIT A
Professional Services Contract for Municipal Court Judge
Page 6 of 6
CITY OF EAST WENATCHEE MUNICIPAL COURT JUDGE _________________________________ ________________________________ Jerrilea Crawford, Mayor Clarke W. Tibbits Date: ______________________________ Date: _______________________ ATTEST: ___________________________________ City Clerk Anna Laura Leon
EXHIBIT A
CITY OF EAST WENATCHEE
Final Audit Report 2025-12-04
Created:2025-12-04
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA_HnZ11bwNYNUo0Y1eW8jLuOtx85mYcL0
"CITY OF EAST WENATCHEE" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2025-12-04 - 5:55:10 PM GMT
Document emailed to Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) for signature
2025-12-04 - 5:55:16 PM GMT
Email viewed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
2025-12-04 - 6:38:16 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2025-12-04 - 6:39:06 PM GMT - Time Source: server
Agreement completed.
2025-12-04 - 6:39:06 PM GMT