Michael J. O'Brien - Municipal Judge CITY OF TIGARD,OREGON
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 26th of September, 2006, by and between
the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called
City, and Michael j. O'Brien, hereinafter called Contractor.
RECITALS
City has need for the services of a company with a particular training, ability, knowledge, and
experience possessed by Contractor, and
City has determined that Contractor is qualified and capable of performing the professional
services as City does hereinafter require, under those terms and conditions set forth:
Therefore, the parties agree as follows:
SCOPE OF WORK
Contractor shall initiate services on 26th of September, 2006 upon receipt of City's notice to
proceed, together with an executed copy of this Agreement. Contractor agrees to provide
the following services as the Municipal Court judge:
• Preside over arraignments, trials,and hearings for the following case types: civil
infractions, criminal cases, juvenile violations, traffic violations, and parking citations;
• Oversee the Municipal Court judicial function;
• Update court orders and rules as needed;
e Provide an annual report to City Council;
• Research and additional projects as agreed to by the Municipal Court judge and
Administrative Services Manager.
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the 26th of September, 2006 and shall expire,
unless otherwise terminated or extended, on the 30th of June, 2008.
COMPENSATION
City agrees to pay Contractor an amount not to exceed thirty-nine thousand dollars
($39.000.00) in the 2006-2007 fiscal year for performance of those services described in this
Agreement, including any payments made during the current fiscal year prior to the date of
this Agreement.
Compensation will be reviewed at the end of the 2006-2007 fiscal year to determine what
adjustment is appropriate. If the court's caseload increases significantly, and results in a
substantial increase in the Municipal Court Judge's hours, both parties agree to negotiate an
appropriate adjustment in Municipal Court Judge's rate of compensation.
Payment will be made based on Contractor's invoice, subject to the approval of Nadine
Robinson, Administrative Services Mananger and not more frequently than bi-monthly.
Payment shall be payable within fifteen (15) days from the date of receipt by the City.
CONTACT INFORMATION
All notices, bills, and payments shall be made in writing and may be given by personal
delivery, mail, or fax. Payments may be delivered by personal delivery, mail, or electronic
transfer. The following addresses and contacts shall be used to transmit notices, bills,
payments, and other information:
Contact Manager for City: Contact Manager for Contractor:
City of Tigard Company: Michael J. O'Brien
Attn: Nadine Robinson,Admin Services Mananger Address: : PO Box 711
13125 SW Hall Blvd., Tigard, Oregon 97223 Address: Forest Grove, OR 97116
Phone: 503-639-4171 ext. 2481 Phone: 503-357-0144
Fax: 503-684-7297 Fax: 503-359-4539
Email Address: Nadine@tigard-or.gov Email Address: rune777@verizon.net
CONTRACTOR As INDEPENDENT CONTRACTOR
Contractor acknowledges that for all purposes related to this Agreement, Contractor is and
shall be deemed to be an independent contractor as defined by ORS 670.600 and not an
employee of City, shall not be entitled to benefits of any kind to which an employee of City is
entitled and shall be solely responsible for all payments and taxes required by law.
Furthermore, in the event that Contractor is found by a court of law or any administrative
agency to be an employee of City for any purpose, City shall be entitled to offset compensation
due, or to demand repayment of any amounts paid to Contractor under the terms of this
Agreement, to the full extent of any benefits or other remuneration Contractor receives (from
City or third party) as a result of said finding and to the full extent of any payments that City is
required to make (to Contractor or to a third party) as a result of said finding.
Contractor acknowledges that for all purposes relaxed to this Agreement, Contractor is not an
officer, employee, or agent of the City as those terms are used in ORS 30.265.
INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material inducement
to enter into this Agreement. Contractor warrants that all its work will be performed in
y
accordance with generally accepted professional practices and standards as well as the
requirements of applicable federal, state and local laws, it being understood that acceptance of a
contractor's work by City shall not operate as a waiver or release.
City will defend and indemnify Municipal Court Judge for all actions taken while Municipal
Court Judge is performing within the scope and responsibilities of the municipal court judge as
provided in this agreement to the extent of the City's obligation pursuant to the Oregon
Revised Statutes.
TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 30th
of une, 2007 shall be accompanied by sixty (60) days written notice to the other party prior
to the date termination would take effect. There shall be no penalty for early termination. If
City terminates the contract pursuant to this paragraph, it shall pay Contractor for services
rendered prorated to the date of termination.
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of
Contractor which result from this Agreement, including any computations, correspondence or
pertinent data and information gathered by or computed by Contractor prior to termination of
this Agreement by Contractor or upon completion of the work pursuant to this Agreement.
GOVERNING LAw
Contractor shall comply with all applicable federal, state and local laws; and rules and
regulations on non-discrimination in employment because of race, color, ancestry, national
origin, religion, sex, marital status, age, medical condition or disability. The provisions of this
Agreement shall be construed in accordance with the provisions of the laws of the State of
Oregon. All provisions required by ORS Chapter 279 to be included in a contract of this type
are incorporated into this Agreement as though fully set forth herein. Any action or suits
involving any question arising under this Agreement must be brought in the appropriate court
of the State of Oregon.
COMPLETE AGREEMENT
This Agreement and attached exhibit constitutes the entire Agreement between the parties. No
waiver, consent, modification, or change of terms of this Agreement shall bind either party
unless in writing and signed by both parties. Such waiver, consent, modification, or change if
made, shall be effective only in specific instances and for the specific purpose given. There are
no understandings, agreements, or representations, oral or written, not specified herein
regarding this Agreement. Contractor, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly
authorized undersigned officer and Contractor has executed this Agreement on the date
hereinabove first written.
CITY OF GAR CONTRACTO
By: Auth rized City staff By: Contractor
Date Date
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 06- 0
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING A PERSONAL
SERVICES AGREEMENT WITH MICHAEL J.O'BRIEN,MUNICIPAL COURT JUDGE
WHEREAS,Section 10 of the Tigard City Charter provides for the office of Municipal Judge;and
WHEREAS,Michael O'Brien served as a Municipal Court Pro-tem Judge from October 23, 1989 to
June 30, 1992 and has served as Municipal Judge since July 1,1992;and
WHEREAS,the Tigard City Council has found Judge O'Brien's performance to be satisfactory;and
WHEREAS, the City Council wishes to continue the understood reporting procedure between the
City and Municipal Judge;
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: A personal services agreement is entered into by mutual agreement of the parties as
set forth in the attached Exhibit "A". This agreement will take effect September 26, 2006 and shall
repeal and replace all prior verbal and written agreements.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This LD6'` day of 2006.
Mayor- Ci of Tigard
ATTEST:
`�"' City Recorder-City of figard
RESOLUTION NO.06-
Page 1
Exhibit"A"
CITY OF TIGARD, OREGON
13125 SW Hall Blvd
Tigard, OR 97223
Phone: 503-639-4171
Personal Services Agreement
7/1/2003 —6/30/2005
Municipal Court Judge's Personal Services Agreement
AMENDMENT #1
The personal services agreement between the City of Tigard, a municipal corporation of the State
of Oregon, hereinafter called City, and Michael J. O'Brien, hereinafter called Municipal Court
Judge, entered into on the 1St day of July, 2003, is hereby amended as follows:
Compensation
City agrees to pay Municipal Court Judge an amount not to exceed thirty seven thousand five
hundred dollars ($37,500.00) in the 2004—2005 fiscal year for performance of those services
described in this Agreement.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly
authorized undersigned officer and Municipal Court Judge has executed this Amendment upon
signature and date listed below.
CITY OF TIGARD Michael J. O'Brien, Murvicip ourt Judge
Signature Signature
4
Printed Name 7 Printed Name
Lyu—1 00 got
Dae Date
Exhibit A
CITY OF TIGARD, OREGON
PERSONAL.SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 1st day of July,2003 by and between the CITY OF TIGARD,a municipal
corporation of the State of Oregon,hereinafter called CITY,and Michael J. O'Brien,hereinafter called MUNICIPAL COURT
JUDGE.
RECITALS
City has need for services, as defined in Tigard Municipal Code 2.16, of an individual with particular training, ability,
knowledge, and experience, and
City has determined that Municipal Court Judge is qualified and capable of performing the professional services as City
does hereinafter require, under those terms and conditions set forth:
Therefore,the parties agree as follows:
SCOPE OF WORK
Municipal Court Judge agrees to provide the following services:
• Preside over arraignments,trials,and hearings for the following case types: civil infractions,criminal cases,juvenile
violations,traffic violations,and parking citations;
• Oversee the Municipal Court judicial function;
• Update court orders and rules as needed;
• Provide an annual report to City Council;
• Research and additional projects as agreed to by the Municipal Court Judge and Administrative Services Manager.
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the l st day of July, 2003 and shall expire, unless otherwise terminated or
extended, on the 30th of June, 2005. Compensation will be reviewed at the end of the 2003-2004 fiscal year to determine
what adjustment is appropriate. If the court's caseload increases significantly, and results in a substantial increase in the
Municipal Court Judge's hours,both parties agree to negotiate an appropriate adjustment in Municipal Court Judge's rate of
compensation.
COMPENSATION
City agrees to pay Municipal Court Judge an amount not to exceed thirty thousand nine hundred dollars ($30,900.00)
annually for performance of those services described in this Agreement. Payment will be made in 26 bi-weekly
installments based on Municipal Court Judge's invoice, subject to the approval of the Administrative Services Manager.
• • Exhibit A
Contact Information
All notices, bills, and payments shall be made in writing and may be given by personal delivery, mail, or fax. Payments
may be delivered by personal delivery, mail, or electronic transfer. The following addresses and contacts shall be used to
transmit notices, bills, payments, and other information:
Contact.Manager for City: Municipal Court Judge:
City of Tigard Company: Michael J. O'Brien
Attn: Nadine Robinson, Administrative Services Manager Address: PO Box 711
13125 SW Hall Blvd., Tigard, Oregon 97223 City, State Zip Code: Forest Grove, OR 971.16
Phone: 503-639-4171 ext. 2481 Phone: 503-357-0144
Fax: 503-684-7297 Fax: 503-359-4539
Email Address: nadine@ci.tigard.or.us Email Address: rune cr,easystreet.com
MUNICIPAL COURT JUDGE AS INDEPENDENT CONTRACTOR
Municipal Court Judge acknowledges that for all purposes related to this Agreement,Municipal Court Judge is and shall be
deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City,shall not be entitled to
benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes
required by law. Furthermore, in the event that Municipal Court Judge is found by a court of law or any administrative agency
to be an employee of City for any purpose,City shall be entitled to offset compensation due,or to demand repayment of any
amounts paid to Municipal Court Judge under the terms of this Agreement,to the full extent of any benefits or other
remuneration Municipal Court Judge receives(from City or third party)as a result of said finding and to the full extent of any
payments that City is required to make(to Municipal Court Judge or to a third party)as a result of said finding.
Municipal Court Judge acknowledges that for all purposes related to this Agreement,Municipal Court Judge is not an
employee of the City as those terms are used in ORS 30.265.
PROFESSIONAL SERVICES
The CITY requires that services provided pursuant to this agreement shall be provided to the City by a service provider which
does not represent clients on matters contrary to City interests. Further, Municipal Court Judge shall not engage services of an
attorney and/or other professional who individually,or through members of his/her same firm, represents clients on matters
contrary to City interests.
Should the Municipal Court Judge represent clients on matters contrary to City interests or engage the services on an attorney
and/or other professional who individually,or through members of his/her same firm, represents clients on matters contrary to
City interests,Municipal Court Judge shall consult with the appropriate City representative regarding the conflict.
After such consultation,the Municipal Court Judge shall have 30 days to eliminate the conflict to the satisfaction of the City.
If such conflict is not eliminated within the specified time period,the agreement may be terminated pursuant to the tennination
clause in this agreement.
INDEMNIFICATION
City has relied upon the professional ability and training of Municipal Court Judge as a material inducement to enter into this
Agreement. Municipal Court Judge warrants that all work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal,state and local laws, it being understood
that acceptance of a Municipal Court Judge's work by City shall not operate as a waiver or release.
Exhibit A
City will defend and indemnify Municipal Court Judge for all actions taken while Municipal Court Judge is perfonning within
the scope and responsibilities of the municipal courtjudge as provided in this agreement to the extent of the City's obligation
pursuant to the Oregon Revised Statutes.
TERMINATION
The parties agree that any decision by either party to terminate this Agreement before the 30th of June, 2005 shall be
accompanied by thirty(30)days written notice to the other party prior to the date termination would take effect. There
shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pay Municipal
Court Judge for services rendered prorated to the date of termination.
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Municipal Court Judge which
result from this Agreement, including any correspondence or pertinent data and information gathered by or computed by
Municipal Court Judge prior to termination of this Agreement by Municipal Court Judge or upon completion of the work
pursuant to this Agreement.
GOVERNING LAW
Municipal Court Judge shall comply with all applicable federal, state and local laws; and rules and regulations on non-
discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical
condition or disability. The provisions of this Agreement shall be construed in accordance with the provisions of the laws of
the State of Oregon. All provisions required by ORS Chapter 279 to be included in a contract of this type are incorporated
into this Agreement as though fully set forth herein. Any action or suits involving any question arising under this Agreement
must be brought in the appropriate court of the State of Oregon.
COMPLETE AGREEMENT
This Agreement constitutes the entire Agreement between the parties. No waiver,consent,modification,or change of terms
of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver,consent,modification,or
change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings,
agreements,or representations,oral or written,not specified herein regarding this Agreement. Contractor,by the signature of
its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it and agrees to be bound
by its terns and conditions.
IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned officer and
Municipal Court Judge has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD �M MUNICIPAL CO RT JU GE
ell
VV
By: Authorized City staff By: Service Provider
9t Date
+ CITY OF TIGARD, OREGON 10
RESOLUTION NO. 03-a l
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING A PERSONAL SERVICES
CONTRACT WITH MICHAEL J. O'BRIEN,MUNICIPAL COURT JUDGE
WHEREAS, Section 10 of the Tigard City Charter provides for the office of Municipal Judge; and
WHEREAS, Michael O'Brien served as a Municipal Court Pro-tem Judge from October 23, 1989 to
July 1, 1992 and has served as Municipal Judge since July 1, 1992; and
WHEREAS, the Tigard City Council has found Judge O'Brien's performance to be satisfactory; and
WHEREAS, the City Council wishes to continue the understood reporting procedure between the City and
Municipal Judge;
NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: A personal services contract is entered into by mutual agreement of the parties as set
forth in the attached Exhibit "A". This contract will take effect July 1, 2003 and shall
repeal and replace all prior verbal and written agreements.
SECTION 2: This resolution shall be effective on and after the first day of July, 2003.
t—_A—
PASSED: This day of 2003.
LS
M yor- ity of T'
ATTEST:
City Recorder- City of Ti
("el ilied to be a Imre copy o/ttie Oriyirrat on.lite n6 City of
Tigard City Hntt..
b�
�city()oya
"(/ -
DatC
RESOLUTION NO. 03 - a�
Page 1
CITY OF TIGARD, OREGON
RESOLUTION NO. 04-
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING AN AMENDMENT TO THE
PERSONAL SERVICES AGREEMENT WITH MICHAEL J. O'BRIEN,MUNICIPAL COURT JUDGE
WHEREAS, a two year personal services agreement for Municipal Judge's services was entered into with
Michael J. O'Brien on July 1,2003; and
WHEREAS, the agreement requires that compensation be reviewed at the end of the 2003-2004 fiscal year
and allows for an increase in compensation as appropriate; and
WHEREAS, the judge's hours increased approximately 20 percent in the 2003-2004 fiscal year; and
WHEREAS, the City wishes to compensate the judge based on the number of hours worked annually;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The amendment to the Municipal Judge's personal services agreement as.set forth in the
attached Exhibit "A" is approved. The amendment to the personal services agreement
will take effect on July 1, 2004.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This 22'x- day of JttjL[_. 2004.
Mayor- Ci of Tigard
ATTEST:
Greer A. Gaston,Deputy City Recorder
RESOLUTION NO. 04 - 43
Page 1
r
Exhibit A
CITY OF TIGARD,OREGON
AMENDED PERSONAL SERVICES CONTRACT
THIS AGREEMENT made and entered into this 1st day of July, 2001 by and between the CITY OF
TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and Michael J. O'Brien,
hereinafter called CONTRACTOR.
WITNESSETH
WHEREAS,CITY has need for the services of a company with a particular training, ability,knowledge, and
experience possessed by CONTRACTOR, and
WHEREAS, City has determined that Michael J. O'Brien is qualified and capable of performing the
professional services as CITY does hereinafter require,under those terms and conditions set forth:
NOW,THEREFORE, in consideration of the mutual covenants contained herein,the parties agree as follows:
I. SERVICES TO BE PROVIDED:
a) Preside over civil infraction,criminal,traffic,and parking case arraignments,trials,and hearings;
• Oversee the Municipal Court judicial function;
• Update court orders and rules as needed;
• Research and additional projects as agreed to by the Contractor and Court Administrator.
2. EFFECTIVE DATE AND DURATION:
This Agreement shall become effective upon July 1, 2001 and shall expire, unless otherwise
terminated or extended, on June 30,2003. Compensation will also be reviewed at the end of the
01-02 fiscal year to determine what adjustment is appropriate. All work under this Agreement shall
be completed prior to the expiration of this Agreement.
3. COMPENSATION:
CITY agrees to pay CONTRACTOR net to exceed Q''5� 2moo in 2002-2003, $30,000.00 for
performance of those services described herein, which payment shall be based upon the following
applicable terms:
a. Payment by CITY to CONTRACTOR for performance of services under this Agreement
includes all expenses incurred by CONTRACTOR, with the exception of expenses, if any,
identified in this Agreement as separately reimbursable.
Personal Services Contract
Page 1
0
i
c. Payment by CITY shall release CITY from any further obligation for payment to
CONTRACTOR, for services performed or expenses incurred as of the date of the invoice.
Payment shall not be considered acceptance or approval of any work or waiver of any
defects therein.
d. It is contemplated by the parties that the court's caseload may increase substantially due to
the implementation of photo enforcement,juvenile or other programs. In that event, parties
agree to negotiate an appropriate adjustment in CONTRACTOR's method or rate of
compensation or both.
e. CONTRACTOR shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
f. The CITY certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract.
4. OWNERSHIP OF WORK PRODUCT:
CITY shall be the owner of and shall be entitled to possession of any and all work products of
CONTRACTOR which result from this Agreement, including any computations, plans,
correspondence or pertinent data and information gathered by or computed by CONTRACTOR prior
to termination of this Agreement by CONTRACTOR or upon completion of the work pursuant to
this Agreement.
5. ASSIGNMENT/DELEGATION:
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment shall be of any force or effect whatsoever unless and
until the other party has so consented. If CITY agrees to assignment of tasks to a subcontract,
CONTRACTOR shall be fully responsible for the acts or omissions of any subcontractors and of all
persons employed by them, and neither the approval by CITY of any subcontractor nor anything
contained herein shall be deemed to create any contractual relation between the subcontractor and
CITY.
6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR:
CONTRACTOR certifies that:
a. CONTRACTOR acknowledges that for all purposes related to this Agreement,
CONTRACTOR is and shall be deemed to be an independent contractor as defined by ORS
670.700 and not an employee of CITY, shall not be entitled to benefits of any kind to which
an employee of CITY is entitled and shall be solely responsible for all payments and taxes
required by law. Furthermore, in the event that CONTRACTOR is found by a court of law
or any administrative agency to be an employee of CITY for any purpose, CITY shall be
entitled to offset compensation due, or to demand repayment of any amounts paid to
CONTRACTOR under the terms of this Agreement, to the full extent of any benefits or
other remuneration CONTRACTOR receives (from CITY or third party) as a result of said
Personal Services Contract
Page 2
r
finding and to the full extent of any payments that City is required to make (to
CONTRACTOR or to a third party)as a result of said finding.
b. The undersigned CONTRACTOR hereby represents that no employee of the CITY, or any
partnership or corporation in which a CITY employee has an interest, has or will receive any
remuneration of any description from CONTRACTOR, either directly or indirectly, in
connection with the letting or performance of this Agreement,except as specifically declared
in writing.
If this payment is to be charged against Federal funds, CONTRACTOR certifies that he or
she is not currently employed by the Federal Government and the amount charged does not
exceed his or her normal charge for the type of service provided.
CONTRACTOR and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in the
calendar year by any public employer participating in the Retirement System.
C. CONTRACTOR is not an employee or agent of the CITY as those terms are used in ORS
30.265.
7. INDEMNIFICATION:
CITY has relied upon the professional ability and training of CONTRACTOR as a material
inducement to enter into this Agreement. CONTRACTOR warrants that all its work will be
performed in accordance with generally accepted professional practices and standards as well as the
requirements of applicable federal, state and local laws, it being understood that acceptance of a
contractor's work by CITY shall not operate as a waiver or release.
City will defend' and indemnify CONTRACTOR for all actions taken while CONTRACTOR is
performing the responsibilities of municipal court judge as provided in this agreement to the extent
of the City's obligation pursuant to ORS.
8. 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 as follows:
Nadine Robinson,CITY OF TIGARI)
Tigard Municipal Court
13125 SW Hall Blvd.
Tigard,Oregon 97223
CONTRACTOR
Michael J. O'Brien
Personal Services Contract
Page 3
CONTRACTOR
Michael J. O'Brien
P.O.Box 711
Forest Grove,OR 97116
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 tune of
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving written notice pursuant to this paragraph.
9. MERGER:
This writing is intended both as a 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.
10. PROFESSIONAL SERVICES:
The CITY requires that services provided pursuant to this agreement shall be provided to the CITY
by a CONTRACTOR which does not represent clients on matters contrary to CITY interests.
Further, CONTRACTOR shall not engage services of an attorney and/or other professional who
individually, or through members of his/her same firm, represents clients on matters contrary to
CITY interests.
Should the CONTRACTOR represent clients on matters contrary to CITY interests or engage the
services of an attorney and/or other professional who individually, or through members of his/her
same firm, represents clients on matters contrary to CITY interests, CONTRACTOR shall consult
with the appropriate CITY representative regarding the conflict.
After such consultation, the CONTRACTOR shall have 30 days to eliminate the conflict to the
satisfaction of the CITY. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 13 (b- iii)of this agreement.
11. TERMINATION WITHOUT CAUSE:
At any time and without cause,either party shall have the right to terminate this Agreement by giving
not less than 30 days notice, in writing, to the other party. If CITY terminates the contract pursuant
to this paragraph, it shall pay CONTRACTOR for services rendered to the date of termination.
12. TERMINATION WITH CAUSE:
a. CITY may terminate this Agreement effective upon delivery of written notice to
CONTRACTOR, or at such later date as may be established by CITY, under any of the
following conditions:
Personal Services Contract
Page 4
• •
i. If CITY funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds
it. If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase
under this Agreement.
ill. If any license or certificate required by law or regulation to be held by
CONTRACTOR, its subcontractors, agents, and employees to provide the services
required by this Agreement is for any reason denied,revoked, or not renewed.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
b. CITY, by written notice of default (including breach of contract) to CONTRACTOR, may
terminate the whole or any part of this Agreement:
i. If.CONTRACTOR fails to provide services called for by this agreement within the
time specified herein or any extension thereof,or
ii. If CONTRACTOR fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from CITY, fails to
correct such failures within ten (10) days or such other period as CITY may
authorize.
The rights and remedies of CITY provided in the above clause related to defaults (including breach
of contract) by CONTRACTOR shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
If CITY terminates this Agreement under paragraph(b), CONTRACTOR shall be entitled to receive
as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears
the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by
CONTRACTOR bear to the total services otherwise required to be performed for such total fee;
provided,that there shall be deducted from such amount the amount of damages, if any, sustained by
CITY due to breach of contract by CONTRACTOR. Damages for breach of contract shall be those
allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial
and upon appeal.
13. ACCESS TO RECORDS:
CITY shall have access to such books, documents, papers and records of CONTRACTOR as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and
transcripts.
Personal Services Contract
Page 5
14. FORCE MAJEURE:
Neither CITY nor CONTRACTOR shall be considered in default because of any delays in
completion and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled, including but not restricted to,an act of God or of
a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-
wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to
such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of
such delay, notify the other party in writing of the cause of delay and its probable extent. Such
notification shall not be the basis for a claim for additional compensation. Each party shall, however,
make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon
cessation of the cause,diligently pursue performance of its obligation under the Agreement.
15. NON-WAIVER:
The failure of CITY to insist upon or enforce strict performance by CONTRACTOR of any of the
terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or
relinquishment to any extent of its rights to assert or rely upon such terms or rights on any firture
occasion.
16. NON-DISCRIlVIINATION:
CONTRACTOR agrees to comply with all applicable requirements of federal and state civil rights
and rehabilitation statues, rules, and regulations. CONTRACTOR also shall comply with the
Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules
established pursuant to those laws.
17. ERRORS:
CONTRACTOR shall perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
18. EXTRA(CHANGES)WORK:
Only the Contract Administrator may authorize extra (and/or changes) work. Failure of
CONTRACTOR to secure authorization for extra work shall constitute a waiver of all right to
adjustment in the contract price or contract time due to such unauthorized extra work and
CONTRACTOR thereafter shall be entitled to no compensation whatsoever for the performance of
such work.
1.9. WARRANTIES:
All work shall be guaranteed by CONTRACTOR for a period of one year after the date of final
acceptance of the work by the owner. CONTRACTOR warrants that all practices and procedures,
workmanship and materials shall be the best available unless otherwise specified in the profession.
Neither acceptance of the work nor payment therefore shall relieve CONTRACTOR from liability
under warranties contained in or implied by this Agreement.
Personal Services Contract
Page 6
• 0
20. ATTORNEY'S FEES:
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including attorney's fees and court costs on appeal.
21. GOVERNING LAW:
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of
the State of Oregon. Any action or suits involving any question arising under this Agreement must
be brought in the appropriate court of the State of Oregon.
22. COMPLIANCE WITH APPLICABLE LAW:
CONTRACTOR shall comply with all federal, state; and local laws and ordinances applicable to the
work under this Agreement, including those set forth in ORS 279.310 to 279.320.
23. CONFLICT BETWEEN TERMS:
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract,this instrument shall control and
nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
24. SEVERABILITY:
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the.extent that it did not materially affect the intent of the parties when they entered into
the agreement.
25. COMPLETE AGREEMENT:
This Agreement constitutes the entire Agreement between the parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waiver, consent, modification, or change if made, shall be effective
only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
CONTRACTOR, by the signature of its authorized representative, hereby acknowledges that he has
read this Agreement,understands it and agrees to be bound by its terms and conditions.
Personal Services Contract
Page 7
0
IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its duly authorized
undersigned officer and CONTRACTOR has executed this Agreement on the date hereinabove first
written.
CITY OF TIGARD
By: //U kq 6A
City Manager
CONTRACTOR
By:
Contractor/Name/Title
Personal Services Contract
Page 8
CITY OF TIGARD, OREGON ` Records - Contracts
RESOLUTION NO. 02-51
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING AN AMENDMENT TO
MUNICIPAL COURT JUDGE MICHAEL J. O'BRIEN'S PERSONAL SERVICES CONTRACT
WHEREAS, since 1988 the City has enterted into personal services contracts for the municipal judge
function; and
WHEREAS, in 2001 Michael J. O'Brien entered into a two-year contract with the City to serve as
Municipal Judge; and
WHEREAS, Judge O'Brien's two year contract allows for adjustment in the compensation in the second
year of the contract; and
WHEREAS, caseload increased significantly last fiscal year and it is anticipated the caseload will remain at
the same level this fiscal year;and
WHEREAS, a monetary adjustment is in order to compensate the Judge fairly;
NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The amended personal services contract is entered into by mutual agreement of the
parties as set forth in the attached Exhibit"A". This contract is retroactive to
July 1,2002 and shall repeal and replace all prior verbal and written agreements.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This — day C - 2002.
V.
ra;W-7city o i ar
ATTEST:
Certified to I)e a True Copy of
s .1�Lt
City Recorder- City of Tig rd
a����� (.�—e Cam
C ltv PRe-order - City ®f Tigard
RESOLUTION NO. 02 61
Page 1
hi h14 A
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
THIS AGREEMENT made and entered into this I st day of July, 1999 by and between the CITY OF
TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and Michael O'Brien,
hereinafter called CONTRACTOR.
WITNESSETH
WHEREAS, CITY has need for the services of a company with a particular training, ability, knowledge, and
experience possessed by CONTRACTOR,and
WHEREAS, City has determined that Michael O'Brien is qualified and capable of performing the
professional services as CITY does hereinafter require,under those terms and conditions set forth:
NOW,THEREFORE, in consideration of the mutual covenants contained herein,the parties agree as follows:
I. SERVICES TO BE PROVIDED:
a) Preside over civil infraction,criminal,traffic,and parking case arraignments,trials,and hearings;
o Oversee the Municipal Court judicial function;
® Update court orders and rules as needed;
o Research and additional projects as agreed to by the Contractor and Court Administrator.
2. EFFECTIVE DATE AND DURATION:
This Agreement shall become effective upon July 1, 1999 and shall expire, unless otherwise
terminated or extended,on June 30,2001. Compensation will also be reviewed at the end of the
99-00 fiscal year to detennine what adjustment is appropriate. All work under this Agreement shall
be completed prior to the expiration of this Agreement.
3. COMPENSATION:
CITY agrees to pay CONTRACTOR not to exceed $23,604.00 for performance of those services
described herein,which payment shall be based upon the following applicable tenns:
a. Payment by CITY to CONTRACTOR for perfonnance of services under this Agreement
includes all expenses incurred by CONTRACTOR. Payment will be made in installments
based on CONTRACTOR's invoice, subject to the approval of the Court Administrator.
Payment shall be made only for work actually completed as of the date of the invoice.
Personal Services Contract
Page 1
b. Payment by CITY shall release CITY from any further obligation for payment to
CONTRACTOR, for services performed or expenses incurred as of the date of the invoice.
Payment shall not be considered acceptance or approval of any work or waiver of any
defects therein.
C. CONTRACTOR shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
d. The CITY certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract.
4. OWNERSHIP OF WORK PRODUCT:
CITY shall be the owner of and shall be entitled to possession of any and all work products of
CONTRACTOR which result from this Agreement, including any computations, plans,
correspondence or pertinent data and information gathered by or computed by CONTRACTOR prior
to termination of this Agreement by CONTRACTOR or upon completion of the work pursuant to
this Agreement.
5. ASSIGNMENT/DELEGATION:
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment shall be of any force or effect whatsoever unless and
until the other party has so consented. If CITY agrees to assignment of tasks to a subcontract,
CONTRACTOR shall be fully responsible for the acts or omissions of any subcontractors and of all
persons employed by them, and neither the approval by CITY of any subcontractor nor anything
contained herein shall be deemed to create any contractual relation between the subcontractor and
CITY.
6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR:
CONTRACTOR certifies that:
a. CONTRACTOR acknowledges that for all purposes related to this Agreement,
CONTRACTOR is and shall be deemed to be an independent contractor as defined by ORS
670.700 and not an employee of CITY, shall not be entitled to benefits of any kind to which
an employee of CITY is entitled and shall be solely responsible for all payments and taxes
required by law. Furthermore, in the event that CONTRACTOR is found by a court of law
or any administrative agency to be an employee of CITY for any purpose, CITY shall be
entitled to offset compensation due, or to demand repayment of any amounts paid to
CONTRACTOR under the terms of this Agreement, to the full extent of any benefits or
other remuneration CONTRACTOR receives (from CITY or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to
CONTRACTOR or to a third party)as a result of said finding.
Personal Services Contract
Page 2
b. The undersigned CONTRACTOR hereby represents that no employee of the CITY, or any
partnership or corporation in which a CITY employee has an interest,has or will receive any
remuneration of any description from CONTRACTOR, either directly or indirectly, in
connection with the letting or performance of this Agreement,except as specifically declared
in writing.
If this payment is to be charged against Federal funds, CONTRACTOR certifies that he or
she is not currently employed by the Federal Government and the amount charged does not
exceed his or her normal charge for the type of service provided.
CONTRACTOR and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in the
calendar year by any public employer participating in the Retirement System.
C. CONTRACTOR is not an employee or agent of the CITY as those terms are used in ORS
30.265.
7. INDEMNIFICATION:
CITY has relied upon the professional ability and training of CONTRACTOR as a material
inducement to enter into this Agreement. CONTRACTOR warrants that all its work will be
performed in accordance with generally accepted professional practices and standards as well as the
requirements of applicable federal, state and local laws, it being understood that acceptance of a
contractor's work by CITY shall not operate as a waiver or release.
City will defend and indemnify CONTRACTOR for all actions taken while CONTRACTOR is
performing the responsibilities f municipal court judge as provided in this agreement to the extent of
the City's obligation pursuant to ORS.
8. 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:
Nadine Robinson,CITY OF TIGARD
Tigard Municipal Court
13125 SW Hall Blvd.
Tigard,Oregon 97223
CONTRACTOR
Michael O'Brien
P.O.Box 711
Forest Grove,OR 97116
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
Personal Services Contract
Page 3
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving written notice pursuant to this paragraph.
9. MERGER:
This writing is intended both as a final expression of the Agreement between the parties. No
modification of this Agreement shall be effective unless and until it is made in writing and signed by
both parties.
10. PROFESSIONAL SERVICES:
The CITY requires that services provided pursuant to this agreement shall be provided to the CITY
by a CONTRACTOR which does not represent clients on matters contrary to CITY interests.
Further, CONTRACTOR shall not engage services of an attorney and/or other professional who
individually, or through members of his/her same firm, represents clients on matters contrary to
CITY interests.
Should the CONTRACTOR represent clients on matters contrary to CITY interests or engage the
services of an attorney and/or other professional who individually, or through members of his/her
same firm, represents clients on matters contrary to CITY interests, CONTRACTOR shall consult
with the appropriate CITY representative regarding the conflict.
After such consultation, the CONTRACTOR shall have 30 days to eliminate the conflict to the
satisfaction of the CITY. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 13 (b- iii)of this agreement.
11. TERMINATION WITHOUT CAUSE:
At any time and without cause, CITY shall have the right in its sole discretion, to terminate this
Agreement by giving notice to CONTRACTOR. If CITY terminates the contract pursuant to this
paragraph, it shall pay CONTRACTOR for services rendered to the date of termination.
12. TERMINATION WITH CAUSE:
a. CITY may terminate this Agreement effective upon delivery of written notice to
CONTRACTOR, or at such later date as may be established by CITY, under any of the
following conditions:
i. If CITY funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase
under this Agreement.
Personal Services Contract
Page 4
iii. If any license or certificate required by law or regulation to be held by
CONTRACTOR, its subcontractors, agents, and employees to provide the services
required by this Agreement is for any reason denied,revoked,or not renewed.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
b. CITY, by written notice of default (including breach of contract) to CONTRACTOR, may
terminate the whole or any part of this Agreement:
i. If CONTRACTOR fails to provide services called for by this agreement within the
time specified herein or any extension thereof,or
ii. If CONTRACTOR fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from CITY, fails to
correct such failures within ten (10) days or such other period as CITY may
authorize.
The rights and remedies of CITY provided in the above clause related to defaults (including breach
of contract) by CONTRACTOR shall not be exclusive and are in addition'to any other rights and
remedies provided by law or under this Agreement.
If CITY terminates this Agreement under paragraph(b), CONTRACTOR shall be entitled to receive
as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears
the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by
CONTRACTOR bear to the total services otherwise required to be performed for such total fee;
provided,that there shall be deducted from such amount the amount of damages, if any, sustained by
CITY due to breach of contract by CONTRACTOR. Damages for breach of contract shall be those
allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial
and upon appeal.
13. ACCESS TO RECORDS:
CITY shall have access to such books, documents, papers and records of CONTRACTOR as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and
transcripts.
Personal Services Contract
Page 5
14. FORCE MAJEURE:
Neither CITY nor CONTRACTOR shall be considered in default because of any delays in
completion and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of
a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-
wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to
such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of
such delay, notify the other party in writing of the cause of delay and its probable extent. Such
notification shall not be the basis for a claim for additional compensation. Each party shall, however,
make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon
cessation of the cause,diligently pursue performance of its obligation under the Agreement.
15. NON-WAIVER:
The failure of CITY to insist upon or enforce strict performance by CONTRACTOR of any of the
terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or
relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future
occasion.
16. NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all applicable requirements of federal and state civil rights
and rehabilitation statues, rules, and regulations. CONTRACTOR also shall comply with the
Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules
established pursuant to those laws.
17. ERRORS:
CONTRACTOR shall perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
18. EXTRA(CHANGES)WORK:
Only the Contract Administrator may authorize extra (and/or changes) work. Failure of
CONTRACTOR to secure authorization for extra work shall constitute a waiver of all right to
adjustment in the contract price or contract time due to such unauthorized extra work and
CONTRACTOR thereafter shall be entitled to no compensation whatsoever for the performance of
such work.
19. WARRANTIES:
All work shall be guaranteed by CONTRACTOR for a period of one year after the date of final
acceptance of the work by the owner. CONTRACTOR warrants that all practices and procedures,
workmanship and materials shall be the best available unless otherwise specified in the profession.
Neither acceptance of the work nor payment therefore shall relieve CONTRACTOR from liability
under warranties contained in or implied by this Agreement.
Personal Services Contract
Page 6
20. ATTORNEY'S FEES:
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including attorney's fees and court costs on appeal.
21. GOVERNING LAW:
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of
the State of Oregon. Any action or suits involving any question arising under this Agreement must
be brought in the appropriate court of the State of Oregon.
22. COMPLIANCE WITH APPLICABLE LAW:
CONTRACTOR shall comply with all federal, state, and local laws and ordinances applicable to the
work under this Agreement, including those set forth in ORS 279.310 to 279.320.
23. CONFLICT BETWEEN TERMS:
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract,this instrument shall control and
nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting.
herewith.
24. SEVERABILITY:
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
25. COMPLETE AGREEMENT:
This Agreement constitutes the entire Agreement between the parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waiver, consent, modification, or change if made, shall be effective
only in specific instances and for the specific purpose given. There are no understandings,
agreements, .or representations, oral or written, not specified herein regarding this Agreement.
CONTRACTOR, by the signature of its authorized representative, hereby acknowledges that he has
read this Agreement,understands it and agrees to be bound by its terms and conditions.
Personal Services Contract
Page 7
IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its duly authorized
undersigned officer and CONTRACTOR has executed this Agreement on the date hereinabove first
written.
CITY OF TIGARD
By:
City Manager
CONTRACTOR
By:
Contractor/Name/T" 1
Personal Services Contract
Page 8
4
0
CITY OF TIGARD, OREGON
RESOLUTION NO. 93- 7-
A
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING PERSONAL SERVICE
CONTRACT WITH MICHAEL O'BRIEN, MUNICIPAL COURT JUDGE.
WHEREAS,Section 10 of the Tigard City Charter provides for the office of Municipal
Judge; and
WHEREAS, Michael O'Brien served as a Municipal Court pro-tem Judge from
October 23, 1989 to July 1, 1992 and as Municipal Court Judge since July 1, 1992;
and
WHEREAS, the Tigard City Council has found the Judge's performance to be
satisfactory since that time; and
WHEREAS, the City Council wishes to continue the understood reporting
procedure between the City and the Municipal Judge;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Personal Services Contract is entered into by mutual
agreement of the parties as set forth in the attached Exhibit 'A'.
This Contract will take effect July 1, 1993 and upon taking effect
shall repeal and replace all prior verbal and written agreements.
PASSED: This ndday of e„ , 199
�IVlayor - City of Tigard
ATTEST:
w�
City Recorder - City of Tigard
APPROVED AS TO FORM:
-�",eA� �Ij J:��
t7ify Recorder
(el.2 2- 3
Date
RESOLUTION NO. 93- 3
EXHIBIT 'A'
CITY OF TIGARD, OREGON
CONTRACT FOR PERSONAL SERVICES
CONTRACT TITLE: MUNICIPAL COURT JUDGE
This Contract, made and entered into this DDn4 day of June, 1993, by and
between the City of Tigard, a municipal corporation of the State of Oregon,
hereinafter called 'City' and Michael O'Brien, hereinafter called °Judge", duly
authorized to perform such services in Oregon.
WITNESSETH:
WHEREAS, City requires the services of a Municipal Judge; and
WHEREAS, Judge is able and prepared to provide such services as the City
requires, under those terms and conditions set forth; and
WHEREAS,City and Judge desire a written agreement creating a professional and
businesslike relationship, serving as a basis for effective communications and to
avoid misunderstanding.
NOW,THEREFORE,IN CONSIDERATION of those mutual promises and the terms and
conditions set forth hereafter, the parties agree as follows:
1. Service Description:
Judge shall perform the following personal services:
A. Oversee the Municipal.Court judicial function;
B. Preside over civil infraction, criminal, traffic, and parking case
arraignments, trials, and hearings;
C. Work with the Court Manager to continue to streamline the court
process;
D. Update court orders and rules as needed; and
E. Research, and additional projects, as agreed to by the Judge and
Court Manager.
2. Compensation:
A. City agrees to pay Judge for performance of those services outlined in
this contract at a rate of $1600.00 per month. Payment will be made
monthly no later than the 20th of the month following service.
Exhibit "A", Page 1 of 4
Compensation cont'd:
B. Payment by the City shall release the City from any further obligation
for payment to Judge for service or services performed or expenses
incurred as of the date of the statement of services. Payment shall not
be considered acceptance or approval of any work or waiver of any
defect therein.
C. The City encourages continued professional development of Judge and
encourages participation in the Oregon Municipal Judge's Association
including attendance at that annual conference which expenses will
be included in City's budget.
D. The City certifies sufficient funds are available and authorized for
expenditure to finance the costs of this contract.
E. All work performed by Judge under this contract shall be the property
of the City.
3. Term Of Agreement:
Pursuant to Section 10 of the City Charter and Section 2.16.020 of the Tigard
Municipal Code, the term of this agreement shall be indefinite and at the
pleasure of the Mayor and City Council, but shall be renewed annually on a
fiscal year basis. Compensation and special projects shall be reviewed
annually.
4. City's Representative:
While it is recognized that Judge works at the pleasure of the Mayor and City
Council, for purposes of the services outlined in Section 1 of this Contract,the
City's authorized representative will be the Court Manager, (13125 SW Hall
Blvd., Tigard, OR 97223, (503) 639-4171), pursuant to Section 10 of the City
Charter which shall exclude from supervision the exercise of judicial authority
functions.
5. City's Obligation:
In order to facilitate the work of Judge as outlined above, City shall furnish to
Judge access to all existing information which is in the City's possession
concerning the Municipal Court caseload.
6. Judge Is Independent Contractor:
A. Judge shall be an independent contractor for all purposes and shall be
entitled to no compensation other than the compensation provided for
under Section 2 of this Contract.
Exhibit "A", Page 2 of 4
•
Judge is Independent Contractor cont'd:
B. Judge acknowledges that for all purposes related to this Contract, he
is and shall be deemed to be an independent contractor and not an
employee of City, shall not be entitled to benefits of any kind to which
an employee of the City is entitled and shall be solely responsible for all
payments and taxes required by law. Not withstanding Judge's status
as independent contractor,City shall provide liability insurance covering
Judge while he is acting within the scope of Judge duties for the City,
as provided in Section 1 herein.
C. In the event that Judge is found by a court of law or an administrative
agency to be an employee of the City for any purpose, City shall be
entitled to offset compensation due to demand repayment of any
amounts paid to Judge under the terms of this Contract, to the full
extent of any benefits or other remuneration Judge receives (from City
or third party) as a result of said finding and to the full extent of any
payments that City is required to make (to Judge or to a third party) as
a result of said finding.
7. Termination:
A. This Contract may be terminated by either City or Judge for any reason
whatsoever upon the giving of 30 days written notice to either party.
B. Termination under any provision of this Section shall not affect any right,
obligation, or liability of Judge or City which accrued prior to such
termination.
8. Indemnification:
Judge agrees to indemnify and to hold-harmless the City, its Officers,
Employees, and Agents against and from any and all loss, claims, actions,
suits, including costs and attorney's fees, for or on account of injury, bodily, or
otherwise, to, or death of persons, damage to or destruction of property
belonging to City,Judge, or others, resulting from, arising out of, or in any way
connected with Judge's activities hereunder, excepting only such injury or
harm as may be caused solely by the fault or negligence of the City, its
Officers, Employees, and/or Agents.
9. Attorney's Fees:
In case suit or action is instituted to enforce the provisions of this Contract,the
parties agree that the losing party shall pay such sum as a Court may
adjudge reasonable attorney's fees and court costs including attorney's fees
and court costs on appeal to appellate courts.
Exhibit "A", Page 3 of 4
0 •
10. Applicable Law:
This Contract will be governed by the laws of the State of Oregon and the
City of Tigard.
11. Complete Agreement:
This Contract constitutes the complete agreement between City and Judge
and supersedes all prior written or oral discussions or agreements.
IN WITNESS WHEREOF,the City has caused this Contract to be executed by its duly
authorized undersigned officers, acting pursuant to resolution of the City Council,
duly passed at the regular meeting held on the ao2 h day of,Sump , 1993, and
the Judge has executed this Contract on the date hereinabove first written.
CITY OF TIGARDBy �
,Ma
By
Recorder
JUDGE
By
Michael O'Brie
Exhibit "A", Page 4 of 4
0
DECLARATION OF INDEPENDENT CONTRACTOR STATUS
DATA:
City of Tigard, Oregon
NAME OF PERSON LETTING CONTRACT
13125 SW Hall Blvd, Tigard, Oregon 97223
Address
Michael O'Brien
NAME OF INDEPENDENT CONTRACTOR
P.O. Box 235 Forest Grove, Oregon 97005
Address
Time or Project(s) covered by the Declaration:
The undersigned hereby declare that all services performed under the Contract
dated June 22, 1993 shall be rendered by the independent contractor in his status
as an independent contractor.
In consideration of the letting of this Contract,the independent contractor agrees
to indemnify the person letting the contract for any damages, expenses, costs
and disbursements, and attorney's fees incurred by said person as a result of the
independent contractor's failure to adhere to the terms of this declaration.
The parties to this declaration understand that a person who files a declaration
of status as an independent contractor is not eligible to receive workers'
compensation benefits in the event of injury or disease, unless said person has
obtained coverage for such benefits pursuant to ORS 656.128.
Dated this 1st date of July, 1993. 1
44�ul ALL===
Independ I Contr ctor
Person Letting Contract
EXHIBIT 'A'
CITY OF TIGARD, OREGON
CONTRACT FOR PERSONAL SERVICES
CONTRACT TITLE: MUNICIPAL COURT PRO-TEM JUDGE
This Contract, made and entered into this:,54='-day of June, 1991, by and
between the City of Tigard, a municipal corporation of the State of Oregon,
hereinafter called 'City' and Michael O'Brien,hereinafter called 'pro-tem Judge',
duly authorized to perform such services in Oregon.
WITNESSETH:
WHEREAS, City requires the services of pro-tem Judges; and
WHEREAS, pro-tem Judge is able and prepared to provide such services as the
City requires, under those terms and conditions set forth; and
WHEREAS, City and pro-tem Judge desire a written agreement creating a
professional and businesslike relationship, serving as a basis for effective
communications and to avoid misunderstanding.
NOW,THEREFORE,IN CONSIDERATION of those mutual promises and the terms and
conditions set forth hereafter, the parties agree as follows:
1. Service Description:
Pro-tem Judge shall perform the following personal services only when the
Municipal Judge is unable to perform his duties by reason of absence from
the City, illness, vacation, disqualification as provided by ORS 221.347, or as
specifically determined by the Court Manager:
A. Preside over civil infraction, criminal, traffic, and parking case
arraignments,trials, and hearings following the procedure and process
standards set by the Municipal Judge; and
B. Additional projects as directed by the City Council and agreed upon
by pro-tem Judge.
2. Compensation:
A. City agrees to pay pro-tem Judge for performance of those services
outlined in this contract at a rate of $40.00 per hour and said rate shall
be paid monthly no later than the 10th of the month following service.
Exhibit "A", Page 1 of 4
•
Compensation cont'd:
B. Payment by the City shall release the City from any further obligation
for payment to pro-tem Judge for service or services performed or
expenses incurred as of the date of the statement of services. Payment
shall not be considered acceptance or approval of any work or waiver
of any defect therein.
C. The City certifies that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
D. All work performed by pro-tem Judge under this contract shall be the
property of the City.
3. Term Of Agreement:
Pursuant to Chapter 2.16 of the Tigard Municipal Code, the term of this
agreement shall be indefinite and at the pleasure of the Mayor and City
Council, but shall be renewed annually on a fiscal year basis. Compensation
and special projects shall be reviewed annually.
4. City's Representative:
® While it is recognized that pro-tem Judge works at the pleasure of the Mayor
and City Council, for purposes of the services outlined in Section 1 of this
Contract, the City's authorized representative will be the Court Manager,
(13125 SW Hall Blvd., PO Box 23397, Tigard, OR 97223, (503) 639-4171),
pursuant to Section 10 of the City Charter which shall exclude from supervision
the exercise of judicial authority functions.
5. City's Obligation:
In order to facilitate the work of pro-tem Judge as above outlined, City shall
furnish to pro-tem Judge access to all existing information which is in the City's
possession concerning the Municipal Court caseload.
6. Pro-Tem Judge Is Independent Contractor:
A. Pro-tem Judge shall be an independent contractor for all purposes and
shall be entitled to no compensation other than the compensation
provided for under Section 2 of this Contract.
Exhibit "A', Page 2 of 4
0
Pro-Tem Judge is Independent Contractor cont'd:
B. Pro-tem Judge acknowledges that for all purposes related to this
Contract, he is and shall be deemed to be an independent contractor
and not an employee of City, shall not be entitled to benefits of any
kind to which an employee of the City is entitled and shall be solely
responsible for all payments and taxes required by law. Not
withstanding Judge's status as independent contractor, the City shall
provide liability insurance covering Judge while he is acting within the
scope of Judge duties for the City, as provided in Section 1 herein.
C. In the event that pro-tem Judge is found by a court of law or an
administrative agency to be an employee of the City for any purpose,
City shall be entitled to offset compensation due to demand
repayment of any amounts paid to pro-tem Judge under the terms of
this Contract, to the full extent of any benefits or other remuneration
pro-tem Judge receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to
make (to pro-tem Judge or to a third party) as a result of said finding.
7. Termination:
A. This Contract may be terminated by either City or pro-tem Judge for
® any reason whatsoever upon the giving of 30 days written notice to
either party.
B. Termination under any provision of this Section shall not affect any right,
obligation, or liability of pro-tem Judge or City which accrued prior to
such termination.
8. Indemnification:
Pro-tem Judge agrees to indemnify and to hold-harmless the City, its Officers,
Employees, and Agents against and from any and all loss, claims, actions,
suits, including costs and attorney's fees,for or on account of injury, bodily, or
otherwise, to, or death of persons, damage to or destruction of property
belonging to City, pro-tem Judge, or others, resulting from, arising out of, or
in any way connected with pro-tem Judge's activities hereunder, excepting
only such injury or harm as may be caused solely by the fault or negligence
of the City, its Officers, Employees, and/or Agents.
9. Attorney's Fees:
In case suit or action is instituted to enforce the provisions of this Contract,the
parties agree that the losing party shall pay such sum as a Court may
adjudge reasonable attorney's fees and court costs including attorney's fees
and court costs on appeal to appellate courts.
Exhibit "A", Page 3 of 4
10. Applicable Law:
This Contract will be governed by the laws of the State of Oregon and the
City of Tigard.
11. Complete Agreement:
This Contract constitutes the complete agreement between City and pro-tem
Judge and supersedes all prior written or oral discussions or agreements.
IN WITNESS WHEREOF,the City has caused this Contract to be executed by its duly
authorized undersigned officers, acting pursuant to resolution of the City Council,
duly passed at the regular meeting held on thus f�day of June , 1991, and the
pro-tem Judge has executed this Contract on the date hereinabove first written.
CITY O T ARDS
By
Mayor — - --
By
City Recorder
JUDGE
By.
Michael 0'6
Exhibit "A", Page 4 of 4
M DECLARATION OF INDEPENDENT CONTRACTOR STATUS
DATA:
City of Tigard, Oregon
NAME OF PERSON LETTING CONTRACT
PO Box 23397, Tigard, Oregon 97223
Address
Michael O'Brien
NAME OF INDEPENDENT CONTRACTOR
P.O. Box 235 Forest Grove, Oregon 97005
Address
Time or Project(s) covered by the Declaration:
The undersigned hereby declare that all services performed under the Contract
dated shall be rendered by the independent contractor in his status
as an independent contractor.
In consideration of the letting of this Contract,the independent contractor agrees
to indemnify the person letting the Contract for any damages, expenses, costs
and disbursements, and attorney's fees incurred by said person as a result of the
independent contractor's failure to adhere to the terms of this declaration.
The parties to this declaration understand that a person who files a declaration
of status as an independent contractor is not eligible to receive workers'
compensation benefits in the event of injury or disease, unless, said person has
obtained coverage for such benefits pursuant to ORS 656.128.
Dated this date of ' 1991. k
Independ Contr ctor
Person Letting Contract
E}HIBIT "A"
CITY OF TIGARD, OREGON
CONTRACT FOR PERSONAL SERVICES
CONTRACT TITLE: MUNICIPAL COURT PRO-TENT JUDGE
This Contract, made and entered into this /l 8- day of June, 1990, by and
between the City of Tigard, a municipal corporation of the State of Oregon,
hereinafter called "City" and Michael J. O'Brien, hereinafter called "pro-tem
Judge", duly authorized to perform such services in Oregon.
WITNESSETH:
WHEREAS, City requires the services of pro-tempore Judges; and
WHEREAS, pro-tem Judge is able and prepared to provide such services as the
City requires, under those terms and conditions set forth; and
WHEREAS, City and pro-tem Judge desire a written agreement creating a
professional and businesslike relationship, serving as a basis for effective
comYmmications and to avoid misunderstanding.
NOW, THEREFORE, IN CONSIDERATION of those mutual promises and the terms and
conditions set forth hereafter, the parties agree as follows:
1. Service Description:
Pro-tem Judge shall perform the following personal services only when the
Municipal Judge is unable to perform his duties by reason of absence from
the City, illness, vacation, disqualification as provided by ORS 221.347,
or as specifically determined by the Administrative Services Manager:
A. Preside over civil infraction, criminal, traffic, and parking case
arraignments, trials, and hearings following the procedure and process
standards set by the Municipal Judge; and
B. Additional projects as directed by the City Council and agreed upon by
pro-tem Judge.
2. Compensation:
A. City agrees to pay pro-tem Judge for performance of those services
outlined in this contract at a rate of $38.00 per hour and said rate
shall be paid monthly no later than the 10th of the month following
service.
B. Payment by the City shall release the City from any further obligation
for payment to pro-tem Judge for service or services performed or
expenses incurred as of the date of the statement of services. Payment
shall not be considered acceptance or approval of any work or waiver of
any defect therein.
C. The City certifies that sufficient funds are available and authorized
for expenditure to finance costs of this contract.
D. All work performed by pro-tem Judge under this contract shall be the
property of the City.
® 3. Term Of Agreement•
Pursuant to Chapter 2.16 of the Tigard Municipal Code, the term of this
agreement shall be indefinite and at the pleasure of the Mayor and City
Council, but shall be renewed annually on a fiscal year basis.
Compensation and special projects shall be reviewed annually.
4. City's Representative:
While it is recognized that pro-tem Judge works at the pleasure of the
Mayor and City Council, for purposes of the services outlined in Section 1
of this Contract, the City's authorized representative will be the
Administrative Services Manager, (13125 SW Hall Blvd. , PO Box 23397,
Tigard, OR 97223, (503) 639-4171) , pursuant to Section 10 of the City
Charter which shall exclude from supervision the exercise of judicial
authority functions.
5. City's Obligation:
In order to facilitate the work of pro-tem Judge as above outlined, City
shall furnish to pro-tem Judge access to all existing information which is
in the City's possession concerning the Municipal Court caseload.
6. Pro-Tem Judge Is Independent Contractor:
A. Pro-tem Judge shall be an independent contractor for all purposes and
shall be entitled to no compensation other than the compensation
provided for under Section 2 of this Contract.
B. Pro-tem Judge acknowledges that for all purposes related to this
Contract, he is and shall be deemed to be an independent contractor
and not an employee of City, shall not be entitled to benefits of any
kind to which an employee of the City is entitled and shall be solely
responsible for all payments and taxes required by law. Not
withstanding Judge's status as independent contractor, the City shall
provide liability insurance covering Judge while he is acting within
the scope of Judge duties for the City, as provided in Section 1
herein.
C. In the event that pro-tem Judge is found by a court of law or an
administrative agency to be an employee of the City for any purpose,
City shall be entitled to offset compensation due to demand repayment
of any amounts paid to pro-tem Judge under the terms of this Contract,
to the full extent of any benefits or other renumeration pro-tem Judge
receives (from City or third party) as a result of said finding and to
the full extent of any payments that City is required to make (to pro-
tem Judge or to a third party) as a result of said finding.
7. Termination:
A. This Contract may be terminated by either City or pro-tem Judge for any
reason whatsoever upon the giving of 30 days written notice to either
party.
B. Termination under any provision of this Section shall not affect any
right, obligation, or liability of pro-tem Judge or City which accrued
prior to such termination.
® 8. Indemnification:
Pro-tem Judge agrees to indemnify and to hold-harmless the City, its
Officers, Employees, and Agents against and from any and all loss, claims,
actions, suits, including costs and attorney's fees, for or on account of
injury, bodily, or otherwise, to, or death of persons, damage to or
destruction of property belonging to City, pro-tem Judge, or others,
resulting from, arising out of, or in any way connected with pro-tem
Judge's activities hereunder, excepting only such injury or harm as may be
caused solely by the fault or negligence of the City, its Officers,
Employees, and/or Agents.
9. Attorney's Fees:
In case suit or action is instituted to enforce the provisions of this
Contract, the parties agree that the losing party shall pay such sum as a
Court may adjudge reasonable attorney's fees and court costs including
attorney's fees and court costs on appeal to appellate courts.
10. Applicable Law:
This Contract will be governed by the laws of the State of Oregon and the
City of Tigard.
11. Complete Agreement•
This Contract constitutes the complete agreement between City and pro-tem
Judge and supercedes all prior written or oral discussions or agreements.
IN WITNESS WHEREOF, the City has caused this Contract to be executed by its
duly authorized undersigned officers, acting pursuant to resolution of the City
Council, duly passed at the regular meeting held on the -/1 _h day of June ,
1990, and the pro-tem Judge has executed this Contract on the date hereinabove
first written. j
CITY OFFTTIGARD
By.
/MaYor � y
eity Recorder
JUDGE
Wj
Michael J. ' rien
le/word/ct/n]rptcon.180
® DECLARATION OF INDEPENDENT CONTRACTOR STATUS
DATA:
City of Tigard Oregon
NAME OF PERSON LEITING CONTRACT
PO Box 23397 Tigard, Oregon 97223
Address
Michael J. O'Brien
NAME OF INDEPENDENT CONTRACTOR
Address
Time or Project(s) covered by the Declaration:
The undersigned hereby declare that all services performed under the Contract
dated shall be rendered by the independent contractor in his
status as an independent contractor.
In consideration of the letting of this Contract, the independent contractor
® agrees to indemnify the person letting the Contract for any damages, expenses,
! costs and disbursements, and attorney's fees incurred by said person as a
result of the independent contractor's failure to adhere to the terms of this
declaration.
The parties to this declaration understand that a person who files a
declaration of status as an independent contractor is not eligible to receive
workers' compensation benefits in the event of injury or disease, unless said
person has obtained coverage for such benefits pursuant to ORS 656.128.
Dated this date of , 1990.
Independ Contractor
Persons Letting Contract
le/word/ct/nkrptcon.180
• E(HIBIT "A"
CITY OF TIGARD, OREGON
CONTRACT FOR PERSONAL SERVICES
CONTRACT TITLE: MUNICIPAL COURT PRO-TEEM JUDGE
This Contract, made and entered into this day of October, 1989, by and
between the City of Tigard, a municipal corporation of the State of Oregon,
hereinafter called "City" and Michael J. O'Brien , hereinafter called "pro-tem
Judge", duly authorized to perform such services in Oregon.
WITNESSETH:
WHEREAS, City requires the services of pro-tempore Judges; and
WHEREAS, pro-tem Judge is able and prepared to provide such services as the
City requires, under those terms and conditions set forth; and
WHEREAS, City and pro-tem Judge desire a written agreement creating a
professional and businesslike relationship, serving as a basis for effective
communications and to avoid misunderstanding.
NOW, THEREFORE, IN CONSIDERATION of those mutual promises and the terms and
conditions set forth hereafter, the parties agree as follows:
1. Service Description:
Pro-tem Judge shall perform the following personal services only when the
Municipal Judge is unable to perform his duties by reason of absence from
the City, illness, vacation, disqualification as provided by ORS 221.347,
or as specifically determined by the Administrative Services Manager:
A. Preside over civil infraction, criminal, traffic, and parking case
arraignments, trials, and hearings following the procedure and process
standards set by the Municipal Judge; and
B. Additional projects as directed by the City Council and agreed upon by
pro-tem Judge.
2. -Compensation:
A. City agrees to pay pro-tem Judge for performance of those services
outlined in this contract at a rate of $38.00 per hour and said rate
shall be paid monthly no later than the 10th of the month following
service.
B. Payment by the City shall release the City from any further obligation
for payment to pro-tem Judge for service or services performed or
expenses incurred as of the date of the statement of services. Payment
shall not be considered acceptance or approval of any work or waiver of
any defect therein.
C. The City certifies that sufficient funds are available and authorized
for expenditure to finance costs of this contract.
D. All work performed by pro-tem Judge under this contract shall be the
property of the City.
f
3. Term Of Agreement:
Pursuant to Chapter 2.16 of the Tigard Municipal Code, the term of this
agreement shall be indefinite and at the pleasure of the Mayor and City
Council, but shall be renewed annually on a fiscal year basis.
Compensation and special projects shall be reviewed annually.
4. City's Representative:
While it is recognized that pro-tem Judge works at the pleasure of the
Mayor and City Council, for purposes of the services outlined in Section 1
of this Contract, the City's authorized representative will be the
Administrative Services Manager, (13125 SW Hall Blvd. , PO Box 23397,
Tigard, OR 97223, (503) 639-4171) , pursuant to Section 10 of the City
Charter which shall exclude from supervision the exercise of judicial
authority functions.
5. City's Obligation:
In order to facilitate the work of pro-tem Judge as above outlined, City
shall furnish to pro-tem Judge access to all existing information which is
in the City's possession concerning the Municipal Court caseload.
6. Pro-Tem Judge Is Independent Contractor:
A. Pro-tem Judge shall be an independent contractor for all purposes and
shall be entitled to no conation other than the compensation
provided for under Section 2 of this Contract.
B. Pro-tem Judge acknowledges that for all purposes related to this
Contract, he is and shall be deemed to be an independent contractor
and not an employee of City, shall not be entitled to benefits of any
kind to which an employee of the City is entitled and shall be solely
responsible for all payments and taxes required by law. Not
withstanding Judge's status as independent contractor, the City shall
provide liability insurance covering Judge while she is acting within
the scope of Judge duties for the City, as provided in Section 1
herein.
C. In the event that pro-tem Judge is found by a court of law or an
administrative agency to be an employee of the City for any purpose,
City shall be entitled to offset compensation due to demand repayment
of any amounts paid to pro-tem Judge under the terms of this Contract,
to the full extent of any benefits or other renumeration pro-tem Judge
receives (from City or third party) as a result of said finding and to
the full extent of any payments that City is required to make (to pro-
tem Judge or to a third party) as a result of said finding.
7. Termination:
A. This Contract may be terminated by either City or pro-tem Judge for any
reason whatsoever upon the giving of 30 days written notice to either
ply
B. Termination under any provision of this Section shall not affect any
right, obligation, or liability of pro-tem Judge or City which accrued
prior to such termination.
8. Indemnification:
Pro-tem Judge agrees to indemnify and to hold-harmless the City, its
Officers, Employees, and Agents against and from any and all loss, claims,
actions, suits, including costs and attorney's fees, for or on account of
injury, bodily, or otherwise, to, or death of persons, damage to or
destruction of property belonging to City, pro-tem Judge, or others,
resulting from, arising out of, or in any way connected with pro-tem
Judge's activities hereunder, excepting only such injury or harm as may be
caused solely by the fault or negligence of the City, its Officers,
Employees, and/or Agents.
9. Attorney's Fees:
In case suit or action is instituted to enforce the provisions of this
Contract, the parties agree that the losing party shall pay such stun as a
Court may adjudge reasonable attorney's fees and court costs including
attorney's fees and court costs on appeal to appellate courts.
10. Applicable Law:
This Contract will be governed by the laws of the State of Oregon and the
City of Tigard.
11. Complete Agreement•
This Contract constitutes the complete agreement between City and pro-tem
Judge and supercedes all prior written or oral discussions or agreements.
IN WITNESS WHEREOF, the City has caused this Contract to be executed by its
duly authorized undersigned officers, acting pursuant to resolution of the City
Council, duly passed at the regular meeting held on the 23rd day of October,
1989, and the pro-tem Judge has executed this Contract on the date hereinabove
first written.
CITY TIGARD
ByIf �/
cil ' esident
ity Recorder
JUDGE
BI'
cp/NKRPIMN
N:\WORD\COURT\
® DECLARATION OF INDEPENDENT CONTRACPOR STATUS
DATA:
City of Tigard, Oregon
NAME OF PERSON LEITING CONTRACT
PO Box 23397, Tigard, Oregon 97223
Address
Michael J. O'Brien
NAME OF INDEPENDENT CONTRACTOR
Address
Time or Project(s) covered by the Declaration:
The undersigned hereby declare that all services performed under the Contract
dated October 23, 1989 shall be rendered by the independent contractor in
his status as an independent contractor.
In consideration of the letting of this Contract, the independent contractor
agrees to indemnify the person letting the Contract for any damages, expenses,
costs and disbursements, and attorney's fees incurred by said person as a
result of the independent contractor's failure to adhere to the terms of this
declaration.
The parties to this declaration understand that a person who files a
declaration of status as an independent contractor is not eligible to receive
workers' compensation benefits in the event of injury or disease, unless said
person has obtained coverage for such benefits pursuant to ORS 656.128.
Dated this _� date of October , 1989.
/V,1-411 �
Indelident Contractor
Administrative Services Manager
cp/NKRPTCON
N:\WORD\COURT\
® Michael I O'Brien •
Attorney at Law
2437 Pacific Avenue
PO. Box 235
Forest Grove,Oregon 97116
(503)357-0144
October 9 , 1989
Loreen R. Wilson
Administrative Services Manager
City of Tigard
P .O. Box 23397
Tigard, Oregon 97223
RE: Pro Tem Judge Personal Services Contract
Dear Loreen:
Enclosed please find two copies of the personal services contract
which we discussed last week. Both are signed by me but undated.
Thank you for providing me with the opportunity to serve as a pro
tem judge. I look forward to working with you, my colleagues and
the court staff .
I confirm that I will be able to attend the reception scheduled
for October 25th at 2 : 00 p.m. I would also like to attend at
least one of the court sessions on the October schedule prior to
the reception. I will call you as soon as I can clear my
schedule for that purpose .
Finally, I wish to confirm my interest in a tour of Tigard in
order to familiarize myself with important intersections and
traffic flow. I would be happy to schedule such a tour at the
convenience of Chief Goodpaster .
I look forward to meeting you in the near future .
Sincerely yours ,
*W
Michael J. O 'Brien
MJO:bhs
Enclosures
October 5, 1989
. .... . . ......
CITY TIF RD
Michael O'Brien OREGON
P.O. Box 235
Forest Grove, OR 97116
Re: Pro Tem Judge Personal Services Contract
Dear Michael:
This will confirm our phone conversation from earlier this week. I again want
to congratulate you on being a successful candidate for the pro tem Judge
position with Tigard°s Municipal Court. The other attorney to be appointed as
a pro tem is Bruce Liebowitz from Beaverton.
Enclosed are three copies of the contract we discussed. Please sign and return
two copies to my office no later than October 13, 1989. I will then present it
to the City Council for ratification on October 23rd.
The City will have a dessert and informal reception for both you and Attorney
Liebowitz on October 25th at 2:00 PM. This will be held at the Civic Center
located at 13125 SW Hall Boulevard. The reception will give you a chance to
meet many of the staff members you will work with and Mayor Jerry Edwards will
be present to officially swear you into office.
Enclosed is a schedule for October court sessions. I would encourage you to
stop by the Civic Center and observe as many sessions as you like.
Again, on behalf of the court staff and the City, we appreciate your
willingness to serve in this key role for our c miunity. I look forward to
meeting you on the 25th, or before should you be visiting a court session.
Sincerely,
Loreen R. Wilson
Administrative Services Manager
lrw/word/protemcont
Enclosures - 4
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 .(503)639-4171
Michael I O'Brien
Attorney at Law
2437 Pacific Avenue
PO. Box 235
Forest Grove, Oregon 97116
(503)357-0144
September 18 , 1989
Nadine Robinson, City Recorder
City of Tigard
13125 S .V . Hall Blvd.
P .O. Box 23397
Tigard, Oregon 97223
RE: Municipal Court Pro Tem Judge Postion
Dear Ms . Robinson:
Please find enclosed my responses to the questions contained in
your letter of September 8 , 1989 . Thank you for providing me with
the opportunity to participate further in the selection process .
I am available at your convenience for a personal or telephone
interview.
Meanwhile , please do not hesitate to contact me if you have any
questions or require additional information.
Si cere rs ,
Michael J. O Brien
MJO:bhs
Enclosure
RESPONSES_TO_PRO_TEM_JUDCE_QUESTIONS
BY_MICHAEL_J:_O'BRIEN
1. ADVANTAGES_TO PROVIDING_COURT_SERVICES AT A_MUNICIPAL_LEVEL
An efficient municipal court can be more responsive to the local
needs of a city and its residents than a district court in a distant
county seat.
A municipal court provides a community with the opportunity to
enforce general laws and its own ordinances with special attention to
local standards. Compared to the county 's district courts, a
municipal judge can be more aware of and responsive to the public
policies articulated by the City Council through its ordinances.
A municipal court may also permit the community to recover a
larger portion of the cost of law enforcement and administration by
generating revenue through fines and penalties imposed upon those who
violate the law.
Finally, a municipal court is both more convenient and less
impersonal to those who might otherwise have to travel to a distant
county seat for a court appearance.
2. THREE_MOST_Ii�PORTANT_TRAITS_FOR A_MUNICIPAL_COURT_JUDGE
First: A municipal court judge must demonstrate knowledge of
the law and skill in applying it to each case. He or she should be
particularly familiar with local ordinances, court rules and court
procedures. These traits are necessary, but not sufficient.
Second: A municipal court judge must demonstrate fairness and
impartiality in the application of the law. Litigants must be
treated attentively and with due consideration, even if their claims
are ultimately not accepted. Within the unavoidable constraints of
time, a judge should endeavor on appropriate occasions to briefly
explain his or her reasoning in reaching a particular result. The
latter practice may have the incidental benefit of reducing the
number of appeals.
Third: A municipal court judge must demonstrate sound
managerial skills in expeditiously handling a large volume of cases
and working with court personnel. He or she should strive to
maintain a sensible balance between the efficient disposition of
cases and due diligence in deciding each one on its merits. A
municipal court judge must also maintain friendly and professional
relations with court and administrative staff.
3. PRIOR_SERVICE_AS_A_�TUDCE
In my previous service as a Pro Tem Judge in Multnomah County, I
feel that I successfully demonstrated many of the traits described
above. While being mindful of docket pressures, I made every effort
to carefully consider all the evidence and legal theories presented
by litigants. I attempted to be courteous and respectful to all
persons appearing before me, even when my patience was tried. At the
same time, it is important to be firm once a decision is made in each
case. In my experience, these attitudes impart more credibility to
both the process and to the result. Finally, my familiarity with the
motor vehicle code and my ability to rapidly analyze traffic records
permitted me to dispose of cases quickly, but without compromising
the integrity of the judicial process.
4. FACTQRS_TO__QQ S.ILER_IN_SENTENCINC
The Oregon Constitution provides that "all penalties shall be
proportioned to the offense" (Article I, Section 16) . Although the
maximum fines and penalties in each case are specified by law, courts
are also entitled to consider a variety of aggravating and mitigating
circumstances. In a municipal court, the primary circumstance to
evaluate is the prior record of convictions, if any, for each
defendant. Since a fine or civil penalty should be calculated to
deter future violations, a court is also entitled to consider the
financial situation of a defendant. Finally, the court may examine
the defendant ' s unlawful conduct for additional aggravating or
mitigating circumstances.
Despite the discretion allowed to courts in imposing sentences,
I am convinced that consistency is in the interests of defendants and
the court system. Defendants in similar circumstances should receive
similar sentences. Such a policy is not only fair: predictability
may have the added benefit of encouraging guilty pleas and thereby
avoiding trials, especially where attorneys are involved. For this
reason, I would work closely with my colleagues to implement uniform
sentencing policies which are consistent with the discretion of the
trial court.
In imposing sentences, a municipal court judge may consider the
community's interest in generating revenue to offset the costs of
prosecuting a convicted defendant. Consistently with the principle
of fairness in sentencing, the court should endeavor to recover the
expenses incurred for law enforcement and court administration. Any
additional revenues generated by the court may be applied by the City
Council to projects benefitting the community.
PAGE 2 - RESPONSES TO PRO TEM JUDGE QUESTIONS - MICHAEL
J. O 'BRIEN
5. MAINTAINING-PROPER-COURT-DECORUM-WITHOUT-A-BAILIFF
Although a bailiff may not be present in municipal court, a
judge may find an unruly party or witness in direct contempt under
the circumstances described in Oregon Revised Statutes Section
33. 030. If the contempt power is properly exercised, a judge may
impose the sanctions of fine or imprisonment as provided by law.
Although the contempt power is rarely exercised, a brief summary
of the law by a judge can, in my experience, have a salutary effect
on an unruly party. In extreme situations, a judge may have no
alternative but to summon assistance from the police in order to
enforce the contempt remedy.
In my view, a judge demonstrating the traits described above can
minimize the risk of encountering or provoking unruly parties.
PAGE 3 - RESPONSES TO PRO TEM JUDGE QUESTIONS - MICHAEL
J. O 'BRIEN
CITY OF TIGARD, OREGON
RESOLUPION NO. 89-�
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING PERSONAL SERVICE CONTRACT
WITH Michael J. O'Brien , MUNICIPAL COURT PRO-TEM JUDGE.
WHEREAS, Section 10 of the Tigard City Charter provides for the office of
Municipal Judge and Chapter 2.16 of the Tigard Municipal Code provides for the
office of Municipal Judge pro-tempore; and
WHEREAS, there is a need for pro-tem judges to serve from time to time in the
absence of the regular judge or when the caseload exams normal limits; and
WHEREAS, the City Council now wishes to appoint Michael J. O'Brien as pro-
tein judge.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: A Personal Services Contract is entered into by mutual agreement
of the parties as set forth in the attached Exhibit "A". This
Contract will take effect October 23, 1989 and upon taking
effect shall repeal and replace all prior verbal and written
agreements.
PASSED: This day of (��� /, 1989.
/z
Mayor - City b tigard
ATTEST:
IiCJ
City Recorder - City of Tigard
APPROVED AS TO FORM:
City Recorder
o/a3���
Date
RESOLUTION NO. 89--A
Page 1