Resolution No. 97-33 E, " �15
gv� CITY OF TIGARB,OREGON
RESOLUTION NO.97- 33 0711
a .
}E ,y
A.RESOLUTION OF .THE TIGARD CITY COUNCIL APPROVING PERSONAL SERVICE
CONTRACT WITH MICHAEL O'BRIEN,MUNICIPAL COURT JUDGE
aux
S
WHEREAS,Section 10 of the Tigard City Charter provides for the office of MunieipaLJudge;and
1
WHEREAS,Michael O'Brien served as a Municipal Court pro-tem judge from October 23,1989 to Jul I,
• y
1952 and has served as Municipal Court Judge since July 1,199 ;and € k
S WHEREAS,the Tigard City Council has found Judge O'Brien's performance to be satisfactory;and e
WHEREAS,the City council wishes to continue the understood reporting procedure beuveen the City and "t
the Municipal Judge; a
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 upon signing and shall i, r
repeal and replace all prior verbal and Fvritten agreements.
?.
PASSED: This ��" — dayof� 1997. �t �
ec
' i
- ay r-City of Tigard ,.f
All
i ATTEST:
y,` City Recorder-City of Tigard
0
j tkiryhWrcwtm mi
! RESOLUTION NO.97-��
Page I
tFtaw
.
.,x .rya . . .
Yl�
`s. .i�.h`
a
CITY OF TIGARD,OREGON
c PERSONAL SERVICES CONTRACT
r: THIS AGREEMENT made and entered into this 1st day of July,1997 by and between the CITY
OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and
€. MICHAEL O'BRI EN,hereinafter called CONTRACTOR.
� s
.rU WITNESSETH
c
WHEREAS,CITY has need for the services of Municipal Judge;and ,,
' spa
WHEREAS,City Administrator and Court Administrator have 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:
t SERVICES TO BE PROVIDED: :-
a) Preside over civil infraction, criminal, traffic, and parking case arraignments, trials, and -T`+�.
1 hearings; rt
b) Oversee the Municipal Court judicial function;
�r
i c) Update court orders and rules as needed; z '>
s
d) Provide City Council with a year-end report of Court activity;and .
t
e) Research and additional projects as agreed to by the Contractor and Court Administrator.
2. EFFECTIVE DATE AND DURATION:
e 1 nis Agreement shall become effective upon the date of execution, and shall expire,
unless .otherwise terminated or extended, on June 30, 1999. All work.under this k
Agreement shall be completed prior to the expiration of this Agreement. ,r
3. COMPENSATION: `
CITY agrees to pay CONTRACTOR $1,854.00 per month for performance'of those s ,
r services described herein..The City and Contractor agree the terms of compensation may
be re-negotiated if the average hours of service,over a consecutive three month period,
are below 26 hours per month or exceed 30 hours permonth. Compensation will also be
reviewed at the end of the 97-98 fiscal year to determine if an adjustment is appropriate.
z { Payment shall be based upon the following applicable terms: P
3 Y
r' Municipal Judge Personal Services Contract ''
hr Page 1
s
q2 1v'iF
r i a Payment will be made in insta6ments based on CONTRACTOR's invoice,subject
r + to the approval of the Court Administrator. Payment shall be made only for work
actually completed as of the date of invoice.
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. y
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 '
i to finance costs of this contract. v
4. CITY'S REPRESENTATIVE:
s+ t
.;j While it is recognized that the CONTRACTOR works at the pleasure of the Mayor and City
'i Council,for purposes of the services outlined in Section 1 of this contract, the City's f f
3 authorized representative will be the Court Administrator,(Nadine Robinson, 13125 SW r
Hall Blvd„Tigard,OR 97223,(503)639-4171),pursuant to Section 10 of the City Charter }
which shall exclude from supervision the exercise ofjudicial authority functions. s� a
ups
( 5: OWNERSHIP OF WORK PRODUCT: r >
�a
CITY shall be the owner of and shall be entitled to possession of the original copies of any r 3
and all work products of CONTRACTOR which result from this Agreement,including any c xt>
computations,correspondence or pertinent data and information gathered by or computed " r
by CONTRACTOR prior to termination of this Agreement by CONTRACTOR or upont
completion of the work pursuant to this Agreement.
ti
6. ASSIGNMENTDELEGATION: c> '
Neither party shall assign,sublet or transfer an,.. o„ or duty under this Agreement-
7.
greement 7. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR:
xnt
CONTRACTOR certifies that:
a. CONTRACTOR.acknowledges that for all purposes related to this Agreement,
.j .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
i 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
r compensation due, or to 'demand repayment of any amounts paid to [
CONTRACTOR under the terms of this Agreement, to the full extentofany
bene its or other remuneration CONTRACTOR receives(from CITY or third party)
f
Municipal Judge Personal Services Contract
Pae 2
t t
" `-8- ,,,. d , e r„�-"z `
,g 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-
Ir
nding.i b. The undersigned CONTRACTOR hereby represents that no employee of the City
of Tigard, or any partnership or corporation in which a CITY employee has an
# interest, has or will receive any remuneration of any description from
r CONTRACTOR, either directly or indirectly, in connection with the letting or
performance of this Agreement,except as specifically declared in writing. s
CONTRACTOR and its employees,if any,are not active members of the Oregon
a 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 officer,employee,or agent of the City of Tigard as those
terms are used in ORS 30.265.
8. 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
Y
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 Chapter 30.
9. INSURANCE:
k
Not withstanding CONTRACTOR's status as independent contractor,City shalt provide
general liability insurance covering CONTRACTOR while he is acting within the scope of
' judicial duties for the City,as provided in Section 1 herein.
10: WORKERS'COMPENSATION COVERAGE:
CONTRACTOR;'its subcontractors, if any, and all employers working under:this
' -Agreement are subject employers under the Oregon Workers'Compensation Law and
” shall comply with ORS 656.017,which requires them to provide workers'compensation
coverage for all their subject workers..
11. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING
3 .y PAYMENTS. .
All notices, bilis:and payments shall be made in writing and may be given by personal
deliveryor by mail Notices,bills and payments sent by mail should be addressed as
s follows:
gra w Municipal Judge Personal Services Contract
wt t t Page 3
c? 3
77
fi?
w
Y
M"s.tiLv,h ..u.,,.�f..�.. ,_..5 . ��....,.:,.-
CITY: Nadine Robinson,Tigard Municipal Court
j 13125 SW Hall Blvd.,Tigard OR 97223
Phone number.639-4171,Fax number:664-7297
i
CONTRACTOR: Michael O'Brien
PO Box 711,Forest Grove,OR 97116
3 Changes may be made in the names and addresses of the person to whom notices,bills
and payments are to beiven b a'rcSr '�
g' y giving written notice pursuant to this paragraph.
Payment shall be made within 30 days of the City receiving the invoice. RM
12. TERMINATION g
a. At any time and without cause,CITY shall have the right in its sole discretion,to ,{'.3�
terminate this Agreement by giving notice to CONTRACTOR. If CITY terminates
the contract pursuant to this paragraph,it shall pay CONTRACTOR for services 'rM`R20"'
rendered to the date of termination. "(j,y
kZZMM "S
b. This contract may be terminated by the CONTRACTOR for any reason
whatsoever upon the giving of 30 days written notice to the CITY.
4,pFz 21"
C. 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 rrc'tx
such termination. i y
13. ACCESS TO RECORDS: rr
CITY shall have access to such books,documents,papers and records of CONTRACTOR
as are directly pertinent to this Agreement for the purpose of mawng audit,examination, ,:`
excerpts and transcripts.
3
14. NON-WAIVER:
The failure of CITY to insist upon or enforce strict performance by CONTRACTOR of any +"`"r k § .
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 ti
such terms or rights on any future occasion.
eb `Eryyi4
15. 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. '
k
. + .
Municipal Judge Personal Services Contract m s�
Page 4
v res s
s
... t,,.. e
Au�
v h
�x
16. ERRORS:
CONTRACTOR shall perform such additional work as may be necessary to correct his
errors in the work required under this Agreement without undue delays and without
additional cost.
-17. EXTRA(CHANGES)WORK: z ,,
The Court Administrator may authorize extra (and/or changes) work. Failure of
.l CONTRACTOR to secure Administrator's authorization for extra work shall constitute a
q
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 .}x
f compensation whatsoever for the performance of such work.
18. ATTORNEY'S FEES:
In case suit or action is instituted to enforce the provisions of this contract or for breach of
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.
19... GOVERNING L;.JV: k ..
The provisions of this Agreement shall be construed in accordance with the provisions of tq":
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.
i
20. COMPLIANCE WITH APPLICABLE LAW: 9�F
.i
'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. € "x
21 CONFLICT.BETWEEN TERMS:
It isfurther 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 x „:
said proposal conflicting herewith. KgEF
x x��
22. AUDIT: t
CONTRACTOR shall maintain records to assure conformance with the terms and s c
conditions of this Agreement,and to assure adequate performance within the contract
period. CONTRACTOR agrees to permit City of Tigard,the State of Oregon,.the federal "
government;or their duly authorized representatives to audit all records pertaining to this ttt x
Agreement.to assure the accurate expenditure of funds. Any independent audit report of x
CONTRACTOR's activities or finances prepared for CONTRACTOR shall be submitted to
the City of Tigard's Finance Director.
` -Municipal Judge Personal Services Contract '
Pae 5
x e
x , }
t
23. SEVERABILITY:
33
In the event any provision or portion of this Agreement is held to be unenforceable or "
a� S invalid by any court of competent jurisdiction, the remainder of this Agreement shall
remain in full force and effect and shall in no way be affected or invalidated thereby.
r
24. COMPLETE AGREEMENT: �-
t � a 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 y
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.
flf There are no understandings,agreements,or representations,oral or written,not specified
s i herein regarding this Agreement. CONTRACTOR, by the signature of its authorized ...
a representative,hereby acknowledges that he has read this Agreement,understands it and y`
c .agrees to be bound by its terms and conditions.
k" 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
t �
-first written.
e} � CITY OF TIGARD €
k Byc William Monahan,City Administrator
Date 4
a CONTRACTOR
} WM��By: Michael O'Brien
Date "
t
.m
p
Y
a
YY 4
� f
4 �
Municipal Judge Personal Services Contract
Page 6