Loading...
St. Helens - Municipal Judge Services INTERGOVERNMENTAL AGREEMENT Judicial Services BETWEEN: The City of Tigard, an Oregon municipal corporation ("Tigard") AND: The City of St. Helens, an Oregon municipal corporation ("St. Helens") DATED: , 2009 RECITALS A. WHEREAS, pursuant to the authority granted in their respective city charters and by Oregon Revised Statutes ("ORS") 221.336, Tigard and St. Helens have each established a municipal court; B. WHEREAS, pursuant to the authority granted in their respective city charters and by ORS 221.100, Tigard and St. Helens have each established the office of municipal judge for the city; and C. WHEREAS, ORS 221.355 permits any city to enter into an agreement pursuant to ORS 190.010 with another city for the provision of judicial services. AGREEMENT NOW,THEREFORE,the parties mutually agree as follows: 1. Employment of Judge. Tigard employs Michael J. O'Brien as its municipal court judge. Nothing in this Intergovernmental Agreement (this "Agreement") shall be deemed to create an employer-employee relationship between St. Helens and Michael J. O'Brien. 2. Services To Be Provided. Tigard, by and through Michael J. O'Brien, shall provide pro tem municipal judicial services to St. Helens. Michael J. O'Brien is authorized to contact St. Helens personnel with regard to coordinating and managing St. Helens municipal judicial services. When sitting as municipal court judge, Michael J. O'Brien shall have all judicial jurisdiction, authority, powers, functions and duties of the municipal court of St. Helens, and shall hold court at a location to be designated by St. Helens on mutually agreed upon dates and times, usually when the presiding municipal court judge is not available. 3. Payment. A fee of Dollars ($ ) per hour for pro tem municipal judicial services rendered to St. Helens shall be paid directly to Michael J. O'Brien. St. Helens shall furnish Michael J. O'Brien with a 1099 for tax purposes. The hourly rate is all- inclusive. 4. Revenue. All fines, costs and forfeited security deposits collected shall be paid to the prosecuting City, as shall be disbursed as required by statute. There are no revenues Page 1 —Intergovernmental Agreement 49698-36130 153429.doc AMJ 12 312008 expected to be derived pursuant to this Agreement which need to be apportioned between the parties. 5. Personnel. No employees will be transferred pursuant to this Agreement. The City of Tigard and the City of St. Helens are subject employers under ORS Chapter 656, and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. This Agreement does not change the status of any employee, contractor or officer of the respective Cities 6. Effective Date; Termination. This Agreement shall be effective upon signing by both parties and shall be perpetual. This Agreement may be terminated by either party following thirty (30) days' written notice to the other party. However, St. Helens may terminate this Agreement immediately in the event that Tigard terminates Michael J. O'Brien's employment without prior consent from St. Helens. 7. Indemnification. In the event that legal action is instituted against Michael J. O'Brien or against a party to this Agreement for work performed within the scope of this Agreement, each party hereto agrees to hold harmless, indemnify and defend the other party against claims arising from or related to work performed in the indemnifying party's respective jurisdiction. 8. Method and Place of Giving Notice. All notices shall be made in writing and may be given by personal delivery or by mail. Notices sent by mail should be addressed as follows: City of St. Helens Attn: Chad Olsen, City Administrator P.O. Box 278 St. Helens, Oregon 97051 Phone: (503) 397-6272 Fax: (503) 397-4016 City of Tigard Attn: Nadine Robinson, Court Manager 13125 SW Hall Blvd. Tigard, Oregon 97223 Phone: (503) 639-4171 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 actual delivery. Changes may be made to the names and addresses of the person to whom notices, bills and payments are to be given by providing notice pursuant to this paragraph. 9. Counterparts. This Agreement may be executed in counterparts, each of which, when taken together, shall constitute fully executed originals. Facsimile and e-mail (scanned) signatures shall operate as original signatures with respect to this Agreement. [Signature Page Follows] Page 2—Intergovernmental Agreement 49698-36130 153429.doc"J 12 312008 ,= r TIGARD: ST.HELENS: CITY OF TIGARD,an Oregon municipal CITY OF ST.HELENS,an Oregon municipal corporation corporation By: �� By: Name: Name: Randy f efcrson Its: Its: May o Y' Page 3 —Intergovernmental Agreement 49698-36130153429.doctAMJ 12 312008 10-11ttV of '$t- �htcns' P.O. BOX 278 PHONE(503)397-6272 �#_ �eletts, fl�regan 97051 January 22, 2009 City of Tigard Attn: Nadine Robinson, Court Manager 13125 SW Hall Blvd. Tigard, OR 97223 Re: Judicial Services Dear Nadine: Enclosed you will find a Judicial Services Intergovernmental Agreement between the City of St. Helens and the City of Tigard. If the agreement meets your satisfaction, please sign and return to St. Helens at your earliest convenience. If you have any questions or concerns, please feel free to call me at (503)366-8217. Thank you, Kathy Payne City Recorder THIRD ADDENDUM TO INTERGOVERNMENTAL AGREEMENT FOR MUNICIPAL COUNT JUDGE PRO TEMPORE Whereas, the City of St. Helens and the City of Tigard, have entered into an Intergovernmental 1 Agreement (IGA) on August 154 2004, to ,provide Municipal, Court Judge Pro Tempore services to the St. Helens Municipal Court; and Whereas, such agreement was extended on December' 21, 2005, for an additional year; and Whereas, such extension is set to expire on January 31, 2007; and Whereas, Item 2 of the IGA allows,for the agreement to be extended in writing by mutual consent of the parties; and Whereas, the City of St. Helens is still in need of the services of the Tigard Municipal Court Judge after January 3.1, 2007. Now, therefore, the parties agree to extend the Duration clause in the IGA until January 31, 2009. Further, the parties agree that all other elements of the IGA remain in full force. Dated this 17th day of January, 2007. City of . Helens, Oregon City of Tigard, Oregon Randy Peters n, Mayor Craig Pross , City Manager Attested by: Brian D. Little, City Administrator City Contract No. 2004.50 of �t. Pam P.O. BOX 278 PHONE(503)397-6272 ,St. Pelen8, �YE$Olt 97051 January 18, 2007 Nadine Robinson, Court Manager Tigard Municipal Court 13125 S.W. Hall Blvd. Tigard, OR 97223 Dear Nadine: Enclosed, please find,:two (2) original IGA Addendums (3rd) for Municipal Court Judge pro Tempore. Please have;each original signed and return one to me,;keeping the other for your records. If you have anyj;4Uestions, please`feel free to give,me a call at (503)'3661,,8217. ,1, s:+ !j f ; Thank you, 4 VASi Kathy Payne ,'a ,t t Executive Secrei=yz Enclosures ;` M � Ctv Of P.O. BOX 278 PHONE(503)397-6272 ,St. Helens, Oregon 97051 December 22, 2005 City of Tigard Attn: Nadine Robinson, Court Manager ry 13125 SW Hall Blvd. Tigard, Oregon 97223 Dear Nadine: Enclosed you will find�ohe (1) original 2nd Addendum to IGA for Municipal Court Judge Pro Tempore services.£Tease acquire sig"natures and then return one fully executed original to the City for our',�ecards. Thank you, ' E �ktt� sr j { 4Y; Kathy Payne ;° f Executive Secrearyt:. Enclosures SECOND ADDENDUM TO INTERGOVERNMENTAL AGREEMENT FOR.MUNICIPAL COURT'JUDGE PRO TEMPORE Whereas, the City of St. Helens: and the City of Tgard have entered into an Intergovernmental Agreement (IGA) on August 5, 2004, to provide Municipal Court Judge Pro Tempore services to the St. Helens Municipal Court; and Whereas, such agreement was extended on February 1, 2005, for an additional year; and Whereas, such extension is set to expire on January 31, 2006; and Whereas, Item 2 of the IGA allows for the agreement to be extended in writing by mutual consent of the parties; and Whereas, the City of St. Helens is still in need of the services of the Tigard Municipal Court Judge after January 31, 2006. Now, therefore, the parties agree to extend the Duration clause in the IGA until January 31;.2007. Further, the parties agree that all other elements of the IGA remain in full force. Datedthis 21t' day of December, 2005. City of St. Helens, Oregon City of Tigard,.Oregon By: Z&— By: Randy rson, Mayor Crai rosser, City Manager Attested: Brian D.tittle, City Recorder A71s s to.Fo Approved as to Form: City A orney City.Attorney INTERGOVERNMENTAL AGREEMENT FOR MUNICIPAL COURT JUDGE PRO TEMPORE This Agreement is entered into this day of JqLlz 2004 by and between THE CITY OF ST. HELENS, Oregon, and THE CttY OF TIGARD, Oregon. RECITALS A. ORS 190.010 permits units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a parry to the agreement has authority to perform; and B. ORS 221.355 expressly provides that one City may enter into an intergovernmental agreement with another City for the provision of judicial services; and C. ORS 221.355 further provides that such exercise of jurisdiction under an intergovernmental agreement shall not constitute the holding of more than one office in violation of Article II, Section 10 of the Oregon Constitution; and D. ORS 221.353 permits a party or attorney to disqualify one municipal court judge by filing an affidavit with the Court. The City of St. Helens desires to have available to the City the services of an experienced Municipal Court Judge in the event of unforeseen disqualification; and E. The City of Tigard contracts with an individual with the particular training, ability, knowledge, and experience to meet the needs of the City of St. Helens; and NOW, THEREFORE, in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. DURATION.[ORS 190.020(1)(e)]. The term of this Agreement shall commence after execution by both parties and shall expire on January 31, 2005. This Agreement may be extended in writing by mutual consent of the parties. 3. FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)]. The City of Tigard shall make available to the City of St. Helens, the sitting Tigard Municipal Court Judge, Michael O'Brien, to act as Municipal Court Judge Pro Tempore for the City of St. Helens on those dates and at those times as are agreed upon between the Judge and the City of St. Helens, provided such dates and times do not conflict with Tigard Municipal Court Intergovernmental Agreement for Municipal Court Judge Pro Tempore Page 1 of 4 proceedings. The Judge's calendar shall be coordinated through the Tigard Municipal Court Manager, or through the Judge with notice to the Manager. The Municipal Court Judge providing services to the City of St. Helens pursuant to this Agreement shall have all judicial jurisdiction, authority, powers, functions, and duties of the Municipal Court of the City and the Judges thereof with respect to any and all violations of the Charter or ordinances of the City. 4. PAYMENT. [ORS 190.020(1)(a)]. The prosecuting City shall reimburse the Judge of the City providing judicial services for the actual expenses incurred for the judicial services provided. Reimbursement shall be made to the Judge directly, based on an agreed upon per hour charge for judicial services and reasonable travel costs incurred by the Judge. 5. REVENUE. [ORS 190.020(1)(b)]. All fines, costs and forfeited security deposits collected shall be paid to the prosecuting City, as shall be disbursed as required, by statute. There are no revenues expected to be derived pursuant to this Agreement which need to be apportioned between the parties. 6. PERSONNEL. [ORS 190.020(1)(c)]. No employees will be transferred pursuant to this Agreement. The City of Tigard and the City of St. Helens are subject employers under ORS Chapter 656, and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. This Agreement does not change the status of any employee, contractor or officer of the respective Cities. 7. REAL OR PERSONAL PROPERTY. [ORS 190.020(1)(d)]. There shall be no transfer of title or possession to any real or personal property pursuant to this Agreement. 8. TERMINATION. [190.020(1)(f)]. This Agreement may be terminated by mutual consent by both parties; or by either party at any time, upon sixty (60) days notice in writing and delivered by certified mail or personal service. In the event of termination of the Agreement the City of St. Helens shall pay for services rendered to the date of termination. Such termination shall be without prejudice to any obligations or liabilities of either party accrued prior to such termination. 9. HOLD HARMLESS. The City of St. Helens shall hold harmless, defend and indemnify the City of Tigard from all claims, demands, damages or injuries that anyone may have or assert by reason of the action or non-action of the sitting St. Helens Municipal Court Judge in the performance of his/her duties as Municipal Court Judge for the City of St. Helens and by reason of the action or non-action of the sitting Tigard Municipal Court Judge in the performance of his/her duties as Municipal Court Judge Pro Tempore for the City of St. Helens pursuant to this Agreement. Intergovernmental Agreement for Municipal Court Judge Pro Tempore Page 2 of 4 It is the intention of the City of St. Helens to be solely responsible for the actions of the Pro Tempore Judge acting pursuant to this Agreement for the benefit of the City of St. Helens and with the full judicial power of the City of St. Helens. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall,not affect the validity of the remainder of this indemnification. 10. 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: City of St. Helens Attn: Brian Little, City Administrator P.O. Box 278 St. Helens, Oregon 97051 Phone: 503-397-6272 Fax: 503-397-4016 City of Tigard Attn: Nadine Robinson, Court Manager 13125 SW Hall Blvd. Tigard, Oregon 97223 Phone: 503-639-4171 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 actual delivery. Changes may be made to the names and addresses of the person to whom notices, bills, and payments are to be given by providing notice pursuant to this paragraph. 11. MERGER. This writing is intended both as the 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. Intergovernmental Agreement for Municipal Court Judge Pro Tempore Page 3 of 4 Memorandum . . . .... .. ... ......_. ... . . . .. . To: Bill Monahan, City Manager From: Nadine Robinson, Admin Services Manager Date: 8/3/2004 Re: Judge O'Brien acting as pro tem for City of St Helens Attached is an intergovernmental agreement the City of St. Helens would like us to enter into for judicial services. The judge would like to work with St. Helens, has reviewed the agreement and is comfortable with it. The agreement recognizes the City of Tigard has first priority for the judge's time. St. Helens will coordinate schedules with us and will pay the judge directly. While I don't think the agreement is required for the judge to pro tem for St. Helens, the city attorney for St. Helens thinks it will deter challenges from some of the attorneys they work with. Please review and if you have any questions let me know. 1 1/30/2007 CITY OF TIGARD Page 1 of 1 10:30:46AM ImageFlow Lite Report- Legislative History (Detailed) UserlD: CAROL oc. Ret. Gode Doc. Date item Ret. Action o e Brief Description e,. o e Cont. Date Exp`. Date Name Referred to File Reference# Security Class Abstract Keywords 01/31/2009 NADINE ROBINSON THIRD ADDENDUM TO INTERGOVERNMENTAL AGREEMENT INTERGOVERNMENTAL AGREEMENT FOR MUNICIPAL COURT JUDGE PRO TEMPORE, EXTENDING IGA EXPIRATION DATE TO JANUARY 31, 2009. ST. HELENS, CITY OF JUDICIAL SERVICES O'BRIEN, MICHAEL MUNICIPAL COURT JUDGE AMENDMENT Total Items Printed: 1