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Resolution No. 03-21 CITY OF TIGARD,OREGON RESOLUTION NO. 03-Q I 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 cntcrcd into by mutual agreenicut 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. 1 �l PASSED: ThisrJday of 2003. 4yA.oA r- ity of T' ATTEST: City Recorder-City of Ti RESOLUTION NO.03 Page 1 Exhibit A CITY OF TIGARD,OREGON PERSONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1 st 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 2.1 b,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 Courtjudicial 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 I`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 97116 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 a-,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 termination 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 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 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 terms 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 MUNICIPAL COURT.JIIDGF, r' By7 Kuth-orized _i 4aff Ry: Service provider 2-5' , D t IDate