St. Helens - Municipal Judge Services INTERGOVERNMENTAL AGREEMENT
Judicial Services
BETWEEN: The City of Tigard, an Oregon municipal corporation ("Tigard")
AND: The City of St. Helens, an Oregon municipal corporation ("St. Helens")
DATED: , 2009
RECITALS
A. WHEREAS, pursuant to the authority granted in their respective city charters and
by Oregon Revised Statutes ("ORS") 221.336, Tigard and St. Helens have each established a
municipal court;
B. WHEREAS, pursuant to the authority granted in their respective city charters and
by ORS 221.100, Tigard and St. Helens have each established the office of municipal judge for
the city; and
C. WHEREAS, ORS 221.355 permits any city to enter into an agreement pursuant to
ORS 190.010 with another city for the provision of judicial services.
AGREEMENT
NOW,THEREFORE,the parties mutually agree as follows:
1. Employment of Judge. Tigard employs Michael J. O'Brien as its municipal
court judge. Nothing in this Intergovernmental Agreement (this "Agreement") shall be deemed
to create an employer-employee relationship between St. Helens and Michael J. O'Brien.
2. Services To Be Provided. Tigard, by and through Michael J. O'Brien, shall
provide pro tem municipal judicial services to St. Helens. Michael J. O'Brien is authorized to
contact St. Helens personnel with regard to coordinating and managing St. Helens municipal
judicial services. When sitting as municipal court judge, Michael J. O'Brien shall have all
judicial jurisdiction, authority, powers, functions and duties of the municipal court of St. Helens,
and shall hold court at a location to be designated by St. Helens on mutually agreed upon dates
and times, usually when the presiding municipal court judge is not available.
3. Payment. A fee of Dollars ($ ) per hour for pro tem
municipal judicial services rendered to St. Helens shall be paid directly to Michael J. O'Brien.
St. Helens shall furnish Michael J. O'Brien with a 1099 for tax purposes. The hourly rate is all-
inclusive.
4. Revenue. All fines, costs and forfeited security deposits collected shall be paid to
the prosecuting City, as shall be disbursed as required by statute. There are no revenues
Page 1 —Intergovernmental Agreement 49698-36130 153429.doc AMJ 12 312008
expected to be derived pursuant to this Agreement which need to be apportioned between the
parties.
5. Personnel. No employees will be transferred pursuant to this Agreement. The
City of Tigard and the City of St. Helens are subject employers under ORS Chapter 656, and
shall procure and maintain current valid workers compensation insurance coverage for all subject
workers throughout the period of this Agreement. This Agreement does not change the status of
any employee, contractor or officer of the respective Cities
6. Effective Date; Termination. This Agreement shall be effective upon signing by
both parties and shall be perpetual. This Agreement may be terminated by either party following
thirty (30) days' written notice to the other party. However, St. Helens may terminate this
Agreement immediately in the event that Tigard terminates Michael J. O'Brien's employment
without prior consent from St. Helens.
7. Indemnification. In the event that legal action is instituted against Michael J.
O'Brien or against a party to this Agreement for work performed within the scope of this
Agreement, each party hereto agrees to hold harmless, indemnify and defend the other party
against claims arising from or related to work performed in the indemnifying party's respective
jurisdiction.
8. Method and Place of Giving Notice. All notices shall be made in writing and
may be given by personal delivery or by mail. Notices sent by mail should be addressed as
follows:
City of St. Helens
Attn: Chad Olsen, City Administrator
P.O. Box 278
St. Helens, Oregon 97051
Phone: (503) 397-6272
Fax: (503) 397-4016
City of Tigard
Attn: Nadine Robinson, Court Manager
13125 SW Hall Blvd.
Tigard, Oregon 97223
Phone: (503) 639-4171
and when so addressed, shall be deemed given upon deposit in the United States Mail,postage
prepaid. In all other instances,notices, bills, and payments shall be deemed given at the time of
actual delivery. Changes may be made to the names and addresses of the person to whom
notices, bills and payments are to be given by providing notice pursuant to this paragraph.
9. Counterparts. This Agreement may be executed in counterparts, each of which,
when taken together, shall constitute fully executed originals. Facsimile and e-mail (scanned)
signatures shall operate as original signatures with respect to this Agreement.
[Signature Page Follows]
Page 2—Intergovernmental Agreement 49698-36130 153429.doc"J 12 312008
,= r
TIGARD: ST.HELENS:
CITY OF TIGARD,an Oregon municipal CITY OF ST.HELENS,an Oregon municipal
corporation corporation
By: �� By:
Name: Name: Randy f efcrson
Its: Its: May o Y'
Page 3 —Intergovernmental Agreement 49698-36130153429.doctAMJ 12 312008
10-11ttV of '$t- �htcns'
P.O. BOX 278 PHONE(503)397-6272
�#_ �eletts, fl�regan
97051
January 22, 2009
City of Tigard
Attn: Nadine Robinson, Court Manager
13125 SW Hall Blvd.
Tigard, OR 97223
Re: Judicial Services
Dear Nadine:
Enclosed you will find a Judicial Services Intergovernmental Agreement between the City of
St. Helens and the City of Tigard. If the agreement meets your satisfaction, please sign
and return to St. Helens at your earliest convenience.
If you have any questions or concerns, please feel free to call me at (503)366-8217.
Thank you,
Kathy Payne
City Recorder
THIRD ADDENDUM
TO INTERGOVERNMENTAL AGREEMENT
FOR MUNICIPAL COUNT JUDGE PRO TEMPORE
Whereas, the City of St. Helens and the City of Tigard, have entered into an
Intergovernmental 1 Agreement (IGA) on August 154 2004, to ,provide Municipal, Court
Judge Pro Tempore services to the St. Helens Municipal Court; and
Whereas, such agreement was extended on December' 21, 2005, for an
additional year; and
Whereas, such extension is set to expire on January 31, 2007; and
Whereas, Item 2 of the IGA allows,for the agreement to be extended in writing
by mutual consent of the parties; and
Whereas, the City of St. Helens is still in need of the services of the Tigard
Municipal Court Judge after January 3.1, 2007.
Now, therefore, the parties agree to extend the Duration clause in the IGA
until January 31, 2009.
Further, the parties agree that all other elements of the IGA remain in full force.
Dated this 17th day of January, 2007.
City of . Helens, Oregon City of Tigard, Oregon
Randy Peters n, Mayor Craig Pross , City Manager
Attested by:
Brian D. Little, City Administrator
City Contract No. 2004.50
of �t. Pam
P.O. BOX 278 PHONE(503)397-6272
,St. Pelen8, �YE$Olt
97051
January 18, 2007
Nadine Robinson, Court Manager
Tigard Municipal Court
13125 S.W. Hall Blvd.
Tigard, OR 97223
Dear Nadine:
Enclosed, please find,:two (2) original IGA Addendums (3rd) for Municipal Court Judge pro
Tempore. Please have;each original signed and return one to me,;keeping the other for
your records.
If you have anyj;4Uestions, please`feel free to give,me a call at (503)'3661,,8217.
,1, s:+
!j
f ;
Thank you,
4
VASi
Kathy Payne ,'a ,t t
Executive Secrei=yz
Enclosures ;`
M �
Ctv Of
P.O. BOX 278 PHONE(503)397-6272
,St. Helens, Oregon
97051
December 22, 2005
City of Tigard
Attn: Nadine Robinson, Court Manager ry
13125 SW Hall Blvd.
Tigard, Oregon 97223
Dear Nadine:
Enclosed you will find�ohe (1) original 2nd Addendum to IGA for Municipal Court Judge Pro
Tempore services.£Tease acquire sig"natures and then return one fully executed original to
the City for our',�ecards.
Thank you, '
E
�ktt�
sr
j {
4Y;
Kathy Payne ;° f
Executive Secrearyt:.
Enclosures
SECOND ADDENDUM
TO INTERGOVERNMENTAL AGREEMENT
FOR.MUNICIPAL COURT'JUDGE PRO TEMPORE
Whereas, the City of St. Helens: and the City of Tgard have entered into an
Intergovernmental Agreement (IGA) on August 5, 2004, to provide Municipal Court
Judge Pro Tempore services to the St. Helens Municipal Court; and
Whereas, such agreement was extended on February 1, 2005, for an additional
year; and
Whereas, such extension is set to expire on January 31, 2006; and
Whereas, Item 2 of the IGA allows for the agreement to be extended in writing
by mutual consent of the parties; and
Whereas, the City of St. Helens is still in need of the services of the Tigard
Municipal Court Judge after January 31, 2006.
Now, therefore, the parties agree to extend the Duration clause in the IGA
until January 31;.2007.
Further, the parties agree that all other elements of the IGA remain in full force.
Datedthis 21t' day of December, 2005.
City of St. Helens, Oregon City of Tigard,.Oregon
By: Z&— By:
Randy rson, Mayor Crai rosser, City Manager
Attested:
Brian D.tittle, City Recorder
A71s s to.Fo Approved as to Form:
City A orney City.Attorney
INTERGOVERNMENTAL AGREEMENT
FOR MUNICIPAL COURT JUDGE PRO TEMPORE
This Agreement is entered into this day of JqLlz 2004
by and between THE CITY OF ST. HELENS, Oregon, and THE CttY OF TIGARD,
Oregon.
RECITALS
A. ORS 190.010 permits units of local government to enter into
intergovernmental agreements for the performance of any or all functions and activities
that a parry to the agreement has authority to perform; and
B. ORS 221.355 expressly provides that one City may enter into an
intergovernmental agreement with another City for the provision of judicial services;
and
C. ORS 221.355 further provides that such exercise of jurisdiction under an
intergovernmental agreement shall not constitute the holding of more than one office in
violation of Article II, Section 10 of the Oregon Constitution; and
D. ORS 221.353 permits a party or attorney to disqualify one municipal court
judge by filing an affidavit with the Court. The City of St. Helens desires to have
available to the City the services of an experienced Municipal Court Judge in the event
of unforeseen disqualification; and
E. The City of Tigard contracts with an individual with the particular training,
ability, knowledge, and experience to meet the needs of the City of St. Helens; and
NOW, THEREFORE, in consideration for the mutual covenants contained herein
the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. RECITALS. The recitals set forth above are true and correct and are
incorporated herein by this reference.
2. DURATION.[ORS 190.020(1)(e)]. The term of this Agreement shall
commence after execution by both parties and shall expire on January 31, 2005. This
Agreement may be extended in writing by mutual consent of the parties.
3. FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)]. The City of Tigard
shall make available to the City of St. Helens, the sitting Tigard Municipal Court Judge,
Michael O'Brien, to act as Municipal Court Judge Pro Tempore for the City of St. Helens
on those dates and at those times as are agreed upon between the Judge and the City
of St. Helens, provided such dates and times do not conflict with Tigard Municipal Court
Intergovernmental Agreement for
Municipal Court Judge Pro Tempore Page 1 of 4
proceedings. The Judge's calendar shall be coordinated through the Tigard Municipal
Court Manager, or through the Judge with notice to the Manager.
The Municipal Court Judge providing services to the City of St. Helens pursuant
to this Agreement shall have all judicial jurisdiction, authority, powers, functions, and
duties of the Municipal Court of the City and the Judges thereof with respect to any and
all violations of the Charter or ordinances of the City.
4. PAYMENT. [ORS 190.020(1)(a)]. The prosecuting City shall reimburse
the Judge of the City providing judicial services for the actual expenses incurred for the
judicial services provided. Reimbursement shall be made to the Judge directly, based
on an agreed upon per hour charge for judicial services and reasonable travel costs
incurred by the Judge.
5. REVENUE. [ORS 190.020(1)(b)]. All fines, costs and forfeited security
deposits collected shall be paid to the prosecuting City, as shall be disbursed as
required, by statute. There are no revenues expected to be derived pursuant to this
Agreement which need to be apportioned between the parties.
6. PERSONNEL. [ORS 190.020(1)(c)]. No employees will be transferred
pursuant to this Agreement. The City of Tigard and the City of St. Helens are subject
employers under ORS Chapter 656, and shall procure and maintain current valid
workers compensation insurance coverage for all subject workers throughout the period
of this Agreement. This Agreement does not change the status of any employee,
contractor or officer of the respective Cities.
7. REAL OR PERSONAL PROPERTY. [ORS 190.020(1)(d)]. There shall be
no transfer of title or possession to any real or personal property pursuant to this
Agreement.
8. TERMINATION. [190.020(1)(f)]. This Agreement may be terminated by
mutual consent by both parties; or by either party at any time, upon sixty (60) days
notice in writing and delivered by certified mail or personal service. In the event of
termination of the Agreement the City of St. Helens shall pay for services rendered to
the date of termination. Such termination shall be without prejudice to any obligations
or liabilities of either party accrued prior to such termination.
9. HOLD HARMLESS. The City of St. Helens shall hold harmless, defend
and indemnify the City of Tigard from all claims, demands, damages or injuries that
anyone may have or assert by reason of the action or non-action of the sitting St.
Helens Municipal Court Judge in the performance of his/her duties as Municipal Court
Judge for the City of St. Helens and by reason of the action or non-action of the sitting
Tigard Municipal Court Judge in the performance of his/her duties as Municipal Court
Judge Pro Tempore for the City of St. Helens pursuant to this Agreement.
Intergovernmental Agreement for
Municipal Court Judge Pro Tempore Page 2 of 4
It is the intention of the City of St. Helens to be solely responsible for the actions
of the Pro Tempore Judge acting pursuant to this Agreement for the benefit of the City
of St. Helens and with the full judicial power of the City of St. Helens. If any aspect of
this indemnity shall be found to be illegal or invalid for any reason whatsoever, such
illegality or invalidity shall,not affect the validity of the remainder of this indemnification.
10. METHOD AND PLACE 'OF GIVING NOTICE, SUBMITTING 'BILLS,
AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing
and may be given by personal delivery or by mail. Notices, bills, and payments sent by
mail should be addressed as follows:
City of St. Helens
Attn: Brian Little, City Administrator
P.O. Box 278
St. Helens, Oregon 97051
Phone: 503-397-6272
Fax: 503-397-4016
City of Tigard
Attn: Nadine Robinson, Court Manager
13125 SW Hall Blvd.
Tigard, Oregon 97223
Phone: 503-639-4171
and when so addressed, shall be deemed given upon deposit in the United States Mail,
postage prepaid. In all other instances, notices, bills, and payments shall be deemed
given at the time of actual delivery. Changes may be made to the names and
addresses of the person to whom notices, bills, and payments are to be given by
providing notice pursuant to this paragraph.
11. MERGER. This writing is intended both as the final expression of the
Agreement between the parties with respect to the included terms and as a complete
and exclusive statement of the terms of the Agreement. No modification of this
Agreement shall be effective unless and until it is made in writing and signed by both
parties.
Intergovernmental Agreement for
Municipal Court Judge Pro Tempore Page 3 of 4
Memorandum
. . . .... .. ... ......_. ... . . . .. .
To: Bill Monahan, City Manager
From: Nadine Robinson, Admin Services Manager
Date: 8/3/2004
Re: Judge O'Brien acting as pro tem for City of St Helens
Attached is an intergovernmental agreement the City of St. Helens would like
us to enter into for judicial services. The judge would like to work with St.
Helens, has reviewed the agreement and is comfortable with it. The
agreement recognizes the City of Tigard has first priority for the judge's time.
St. Helens will coordinate schedules with us and will pay the judge directly.
While I don't think the agreement is required for the judge to pro tem for St.
Helens, the city attorney for St. Helens thinks it will deter challenges from
some of the attorneys they work with.
Please review and if you have any questions let me know.
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Abstract Keywords
01/31/2009 NADINE ROBINSON
THIRD ADDENDUM TO INTERGOVERNMENTAL AGREEMENT INTERGOVERNMENTAL AGREEMENT
FOR MUNICIPAL COURT JUDGE PRO TEMPORE, EXTENDING IGA
EXPIRATION DATE TO JANUARY 31, 2009. ST. HELENS, CITY OF
JUDICIAL SERVICES
O'BRIEN, MICHAEL
MUNICIPAL COURT JUDGE
AMENDMENT
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