Resolution No. 91-45 CITY OF TIGARD,OREGON
RESOLUTION NO. 91--Ll-5
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING PERSONAL SERVICE
CONTRACT WITH MICHAEL 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,Michael O'Brien has served as a Municipal Court pro-tem Judge since
October 23, 1989; and
WHEREAS,the Tigard City Council has found the pro-tem Judge's performance
to be satisfactory since that time;and
WHEREAS,the City Council now wishes to continue the understood reporting
procedure between the City,Municipal Judge,and the pro-tem Judge; and
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, 1991 and upon taking
effect shall repeal and replace all prior verbal and written
agreements.
t, 1.
PASSED: This S`` day of /',, ti , 194yor-
U
�-L Tigard
A7ST:
City Recorder-City of Tigard (J
APPROVED AS TO FORM
City Recorder
Date
RESOLUTION NO. 91-_-'L-'-)
EXHIBIT'A'
CITY OF TIGARD,OREGON
CONTRACT FOR PERSONAL SERVICES
CONTRACT TITLE: MUNICIPAL COURT PRO-TEM JUDGE
This Contract, made and entered into this�5t�lay 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.
W ITN ESS ETH:
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 W.00 per hour and said rate shall
be paid monthly no later than the 10th of the month following service.
Exhibit W,Page 1 of 4
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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 Obliciation:
In order to facilitate the work of pro-tem Judge as above outlined,City shall
fumish 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.
i
Exhibit'A',Page 2 of 4
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Pro-Tem Judge is Independent Contractor co,nt'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 entified 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 ent"rited 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
t._ 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 ~-
1 O. Applicable Law.-
This
aw:This Contract will be governed by the laws of the State of Oregon and the
City of Tigard.
1 1. 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 hold on.the 2s`uv of 'June T 991,and the
pr -tem Judge has executed this Contract on the date hereinabove first written.
CITY O T ARDS
By
M yor
City Recorder
r
JUDGE
By hw
Michael O'Bri
Exhibit W.Page 4 of 4 �
1
DECLARATION OF INDEPENDENT CONTRACTOR STATUS
DATA:
Cite of Tigard Orecion
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.
Independ Conti ctor
Person Letting Contract
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