Resolution No. 93-23 oil
im
CITY OF TIGARD,OREGON
RESOLUTION NO.93-23
A RESOLUTION OF THE TIGARD CITV 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
Mudge,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 22 nday of J�u� n- 3
i
G
ATTE T:
Mayor-City of Tigard
Recorder-City of Tigard
APP OVED AS TO FORM:
City Recorder
Wa�M3
Date
C
RESOLUTION NO. 93----) 3
EXHIBIT'A'
CITY OF TIGARD,OREGON
CONTRACT FOR PERSONAL SERVICES
® CONTRACT TITLE: MUNICIPAL COURT JUDGE
This Contract,made and entered In' this Q2_ J 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:
I E
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:
t_ 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 Judy 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 l of 4
NO
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.� .. .Q s recd rater
Compensation cont'd:
f 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 dote 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 properly
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.
annually. Compensation and special projects shall be reviewed
4. City's Representative:
P
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. r"j s Obl°aaticn:
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 co;penisa;lon provided for
r under Section 2 of this Contract.
Exhibit'A'.Page 2 of 4
- - T
AMU M
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 Judcge's stcfus
as independent contractor, 'Ciy 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 ender the tc ms 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(tG Judge or to a third party)as
a result of said finding.
7. Termination:
A. This Contract maybe terminated by either City or Judge for any reason
whatsoever upon the giving of 30 days written notice to either party.
B. Termination under an affectshall not
ny right,
obligation, or liability ofrJudgeoor City which accrued prior ato 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
10. Applicable Law:
( This Contract will be governed by the laws of the State of Oregon and the
City of Tigard.
I 1. Complete Agreement:
This Contract constitutes the complete agreement between City and Judge
and supersedes all prior written or oral discussions or agreements.
IN WIT IVESS wiyEl<ECF,the cny has t.alJJe4 this�01-u`ract w be exec utied by IS duly
authorized undersigned officers,acting pursuant to resolution of the City Council,
duly passed at the reguicir meeting held on the nd day of "g 1993,and
the Judge has executed this Contract on the date hereinabove first written.
CIN OF I RDD
Y
Mayor
By
Ctty Recorder
JUDGE
By
Michael O'Brien
Exhibit'A',Page 4 of 4