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Michael J. O'Brien - Municipal Judge CITY OF TIGARD,OREGON PERSONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this 26th of September, 2006, 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 Contractor. RECITALS City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor, and City has determined that Contractor 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 Contractor shall initiate services on 26th of September, 2006 upon receipt of City's notice to proceed, together with an executed copy of this Agreement. Contractor agrees to provide the following services as the Municipal Court judge: • 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 Court judicial function; • Update court orders and rules as needed; e 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 26th of September, 2006 and shall expire, unless otherwise terminated or extended, on the 30th of June, 2008. COMPENSATION City agrees to pay Contractor an amount not to exceed thirty-nine thousand dollars ($39.000.00) in the 2006-2007 fiscal year for performance of those services described in this Agreement, including any payments made during the current fiscal year prior to the date of this Agreement. Compensation will be reviewed at the end of the 2006-2007 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. Payment will be made based on Contractor's invoice, subject to the approval of Nadine Robinson, Administrative Services Mananger and not more frequently than bi-monthly. Payment shall be payable within fifteen (15) days from the date of receipt by the City. 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: Contact Manager for Contractor: City of Tigard Company: Michael J. O'Brien Attn: Nadine Robinson,Admin Services Mananger Address: : PO Box 711 13125 SW Hall Blvd., Tigard, Oregon 97223 Address: 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@tigard-or.gov Email Address: rune777@verizon.net CONTRACTOR As INDEPENDENT CONTRACTOR Contractor acknowledges that for all purposes related to this Agreement, Contractor 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 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 compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor 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 Contractor or to a third party) as a result of said finding. Contractor acknowledges that for all purposes relaxed to this Agreement, Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 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 y 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 release. 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 30th of une, 2007 shall be accompanied by sixty (60) 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 Contractor 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 Contractor which result from this Agreement, including any computations, correspondence or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement. GOVERNING LAw Contractor 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 and attached exhibit 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 Contractor has executed this Agreement on the date hereinabove first written. CITY OF GAR CONTRACTO By: Auth rized City staff By: Contractor Date Date CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 06- 0 A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING A PERSONAL SERVICES AGREEMENT 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 June 30, 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 agreement is entered into by mutual agreement of the parties as set forth in the attached Exhibit "A". This agreement will take effect September 26, 2006 and shall repeal and replace all prior verbal and written agreements. SECTION 2: This resolution is effective immediately upon passage. PASSED: This LD6'` day of 2006. Mayor- Ci of Tigard ATTEST: `�"' City Recorder-City of figard RESOLUTION NO.06- Page 1 Exhibit"A" CITY OF TIGARD, OREGON 13125 SW Hall Blvd Tigard, OR 97223 Phone: 503-639-4171 Personal Services Agreement 7/1/2003 —6/30/2005 Municipal Court Judge's Personal Services Agreement AMENDMENT #1 The personal services agreement 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, entered into on the 1St day of July, 2003, is hereby amended as follows: Compensation City agrees to pay Municipal Court Judge an amount not to exceed thirty seven thousand five hundred dollars ($37,500.00) in the 2004—2005 fiscal year for performance of those services described in this Agreement. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Municipal Court Judge has executed this Amendment upon signature and date listed below. CITY OF TIGARD Michael J. O'Brien, Murvicip ourt Judge Signature Signature 4 Printed Name 7 Printed Name Lyu—1 00 got Dae Date Exhibit A CITY OF TIGARD, OREGON PERSONAL.SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1st 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 2.16, 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 Court judicial 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 l st 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 971.16 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 cr,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 tennination 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 perfonning within the scope and responsibilities of the municipal courtjudge 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 terns 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 �M MUNICIPAL CO RT JU GE ell VV By: Authorized City staff By: Service Provider 9t Date + CITY OF TIGARD, OREGON 10 RESOLUTION NO. 03-a l 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 entered into by mutual agreement 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. t—_A— PASSED: This day of 2003. LS M yor- ity of T' ATTEST: City Recorder- City of Ti ("el ilied to be a Imre copy o/ttie Oriyirrat on.lite n6 City of Tigard City Hntt.. b� �city()oya "(/ - DatC RESOLUTION NO. 03 - a� Page 1 CITY OF TIGARD, OREGON RESOLUTION NO. 04- A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING AN AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH MICHAEL J. O'BRIEN,MUNICIPAL COURT JUDGE WHEREAS, a two year personal services agreement for Municipal Judge's services was entered into with Michael J. O'Brien on July 1,2003; and WHEREAS, the agreement requires that compensation be reviewed at the end of the 2003-2004 fiscal year and allows for an increase in compensation as appropriate; and WHEREAS, the judge's hours increased approximately 20 percent in the 2003-2004 fiscal year; and WHEREAS, the City wishes to compensate the judge based on the number of hours worked annually; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The amendment to the Municipal Judge's personal services agreement as.set forth in the attached Exhibit "A" is approved. The amendment to the personal services agreement will take effect on July 1, 2004. SECTION 2: This resolution is effective immediately upon passage. PASSED: This 22'x- day of JttjL[_. 2004. Mayor- Ci of Tigard ATTEST: Greer A. Gaston,Deputy City Recorder RESOLUTION NO. 04 - 43 Page 1 r Exhibit A CITY OF TIGARD,OREGON AMENDED PERSONAL SERVICES CONTRACT THIS AGREEMENT made and entered into this 1st day of July, 2001 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 CONTRACTOR. WITNESSETH WHEREAS,CITY has need for the services of a company with a particular training, ability,knowledge, and experience possessed by CONTRACTOR, and WHEREAS, City has determined that Michael J. 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: I. SERVICES TO BE PROVIDED: a) Preside over civil infraction,criminal,traffic,and parking case arraignments,trials,and hearings; • Oversee the Municipal Court judicial function; • Update court orders and rules as needed; • Research and additional projects as agreed to by the Contractor and Court Administrator. 2. EFFECTIVE DATE AND DURATION: This Agreement shall become effective upon July 1, 2001 and shall expire, unless otherwise terminated or extended, on June 30,2003. Compensation will also be reviewed at the end of the 01-02 fiscal year to determine what adjustment is appropriate. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION: CITY agrees to pay CONTRACTOR net to exceed Q''5� 2moo in 2002-2003, $30,000.00 for performance of those services described herein, which payment shall be based upon the following applicable terms: a. Payment by CITY to CONTRACTOR for performance of services under this Agreement includes all expenses incurred by CONTRACTOR, with the exception of expenses, if any, identified in this Agreement as separately reimbursable. Personal Services Contract Page 1 0 i c. 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. d. It is contemplated by the parties that the court's caseload may increase substantially due to the implementation of photo enforcement,juvenile or other programs. In that event, parties agree to negotiate an appropriate adjustment in CONTRACTOR's method or rate of compensation or both. e. CONTRACTOR shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. f. The CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 4. OWNERSHIP OF WORK PRODUCT: CITY shall be the owner of and shall be entitled to possession of any and all work products of CONTRACTOR which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by CONTRACTOR prior to termination of this Agreement by CONTRACTOR or upon completion of the work pursuant to this Agreement. 5. ASSIGNMENT/DELEGATION: Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If CITY agrees to assignment of tasks to a subcontract, CONTRACTOR shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by CITY of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and CITY. 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR: CONTRACTOR certifies that: a. CONTRACTOR acknowledges that for all purposes related to this Agreement, 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 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 compensation due, or to demand repayment of any amounts paid to CONTRACTOR under the terms of this Agreement, to the full extent of any benefits or other remuneration CONTRACTOR receives (from CITY or third party) as a result of said Personal Services Contract Page 2 r 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. b. The undersigned CONTRACTOR hereby represents that no employee of the CITY, or any partnership or corporation in which a CITY employee has an interest, has or will receive any remuneration of any description from CONTRACTOR, either directly or indirectly, in connection with the letting or performance of this Agreement,except as specifically declared in writing. If this payment is to be charged against Federal funds, CONTRACTOR certifies that he or she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. CONTRACTOR and its employees, if any, are not active members of the Oregon 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 employee or agent of the CITY as those terms are used in ORS 30.265. 7. 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 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. 8. 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 as follows: Nadine Robinson,CITY OF TIGARI) Tigard Municipal Court 13125 SW Hall Blvd. Tigard,Oregon 97223 CONTRACTOR Michael J. O'Brien Personal Services Contract Page 3 CONTRACTOR Michael J. O'Brien P.O.Box 711 Forest Grove,OR 97116 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 tune of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 9. MERGER: This writing is intended both as a 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. 10. PROFESSIONAL SERVICES: The CITY requires that services provided pursuant to this agreement shall be provided to the CITY by a CONTRACTOR which does not represent clients on matters contrary to CITY interests. Further, CONTRACTOR 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 CONTRACTOR represent clients on matters contrary to CITY interests or engage the 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, CONTRACTOR shall consult with the appropriate CITY representative regarding the conflict. After such consultation, the CONTRACTOR 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 Section 13 (b- iii)of this agreement. 11. TERMINATION WITHOUT CAUSE: At any time and without cause,either party shall have the right to terminate this Agreement by giving not less than 30 days notice, in writing, to the other party. If CITY terminates the contract pursuant to this paragraph, it shall pay CONTRACTOR for services rendered to the date of termination. 12. TERMINATION WITH CAUSE: a. CITY may terminate this Agreement effective upon delivery of written notice to CONTRACTOR, or at such later date as may be established by CITY, under any of the following conditions: Personal Services Contract Page 4 • • i. If CITY funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds it. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. ill. If any license or certificate required by law or regulation to be held by CONTRACTOR, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 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 such termination. b. CITY, by written notice of default (including breach of contract) to CONTRACTOR, may terminate the whole or any part of this Agreement: i. If.CONTRACTOR fails to provide services called for by this agreement within the time specified herein or any extension thereof,or ii. If CONTRACTOR fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from CITY, fails to correct such failures within ten (10) days or such other period as CITY may authorize. The rights and remedies of CITY provided in the above clause related to defaults (including breach of contract) by CONTRACTOR shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If CITY terminates this Agreement under paragraph(b), CONTRACTOR shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by CONTRACTOR bear to the total services otherwise required to be performed for such total fee; provided,that there shall be deducted from such amount the amount of damages, if any, sustained by CITY due to breach of contract by CONTRACTOR. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 13. ACCESS TO RECORDS: CITY shall have access to such books, documents, papers and records of CONTRACTOR as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. Personal Services Contract Page 5 14. FORCE MAJEURE: Neither CITY nor CONTRACTOR shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to,an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area- wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause,diligently pursue performance of its obligation under the Agreement. 15. NON-WAIVER: The failure of CITY to insist upon or enforce strict performance by CONTRACTOR of any 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 such terms or rights on any firture occasion. 16. NON-DISCRIlVIINATION: 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. 17. ERRORS: CONTRACTOR shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 18. EXTRA(CHANGES)WORK: Only the Contract Administrator may authorize extra (and/or changes) work. Failure of CONTRACTOR to secure authorization for extra work shall constitute a 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 compensation whatsoever for the performance of such work. 1.9. WARRANTIES: All work shall be guaranteed by CONTRACTOR for a period of one year after the date of final acceptance of the work by the owner. CONTRACTOR warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve CONTRACTOR from liability under warranties contained in or implied by this Agreement. Personal Services Contract Page 6 • 0 20. 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 the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. 21. GOVERNING LAW: The provisions of this Agreement shall be construed in accordance with the provisions of 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. 22. COMPLIANCE WITH APPLICABLE LAW: 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. 23. CONFLICT BETWEEN TERMS: It is further 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 said proposal conflicting herewith. 24. SEVERABILITY: In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the.extent that it did not materially affect the intent of the parties when they entered into the agreement. 25. 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 has read this Agreement,understands it and agrees to be bound by its terms and conditions. Personal Services Contract Page 7 0 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 first written. CITY OF TIGARD By: //U kq 6A City Manager CONTRACTOR By: Contractor/Name/Title Personal Services Contract Page 8 CITY OF TIGARD, OREGON ` Records - Contracts RESOLUTION NO. 02-51 A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING AN AMENDMENT TO MUNICIPAL COURT JUDGE MICHAEL J. O'BRIEN'S PERSONAL SERVICES CONTRACT WHEREAS, since 1988 the City has enterted into personal services contracts for the municipal judge function; and WHEREAS, in 2001 Michael J. O'Brien entered into a two-year contract with the City to serve as Municipal Judge; and WHEREAS, Judge O'Brien's two year contract allows for adjustment in the compensation in the second year of the contract; and WHEREAS, caseload increased significantly last fiscal year and it is anticipated the caseload will remain at the same level this fiscal year;and WHEREAS, a monetary adjustment is in order to compensate the Judge fairly; NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The amended personal services contract is entered into by mutual agreement of the parties as set forth in the attached Exhibit"A". This contract is retroactive to July 1,2002 and shall repeal and replace all prior verbal and written agreements. SECTION 2: This resolution is effective immediately upon passage. PASSED: This — day C - 2002. V. ra;W-7city o i ar ATTEST: Certified to I)e a True Copy of s­­ .1�Lt City Recorder- City of Tig rd a����� (.�—e Cam C ltv PRe-order - City ®f Tigard RESOLUTION NO. 02 61 Page 1 hi h14 A CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT THIS AGREEMENT made and entered into this I st day of July, 1999 by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and Michael O'Brien, hereinafter called CONTRACTOR. WITNESSETH WHEREAS, CITY has need for the services of a company with a particular training, ability, knowledge, and experience possessed by CONTRACTOR,and WHEREAS, City has 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: I. SERVICES TO BE PROVIDED: a) Preside over civil infraction,criminal,traffic,and parking case arraignments,trials,and hearings; o Oversee the Municipal Court judicial function; ® Update court orders and rules as needed; o Research and additional projects as agreed to by the Contractor and Court Administrator. 2. EFFECTIVE DATE AND DURATION: This Agreement shall become effective upon July 1, 1999 and shall expire, unless otherwise terminated or extended,on June 30,2001. Compensation will also be reviewed at the end of the 99-00 fiscal year to detennine what adjustment is appropriate. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION: CITY agrees to pay CONTRACTOR not to exceed $23,604.00 for performance of those services described herein,which payment shall be based upon the following applicable tenns: a. Payment by CITY to CONTRACTOR for perfonnance of services under this Agreement includes all expenses incurred by CONTRACTOR. Payment will be made in installments based on CONTRACTOR's invoice, subject to the approval of the Court Administrator. Payment shall be made only for work actually completed as of the date of the invoice. Personal Services Contract Page 1 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. 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 to finance costs of this contract. 4. OWNERSHIP OF WORK PRODUCT: CITY shall be the owner of and shall be entitled to possession of any and all work products of CONTRACTOR which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by CONTRACTOR prior to termination of this Agreement by CONTRACTOR or upon completion of the work pursuant to this Agreement. 5. ASSIGNMENT/DELEGATION: Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If CITY agrees to assignment of tasks to a subcontract, CONTRACTOR shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by CITY of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and CITY. 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR: CONTRACTOR certifies that: a. CONTRACTOR acknowledges that for all purposes related to this Agreement, 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 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 compensation due, or to demand repayment of any amounts paid to CONTRACTOR under the terms of this Agreement, to the full extent of any benefits or other remuneration CONTRACTOR 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 CONTRACTOR or to a third party)as a result of said finding. Personal Services Contract Page 2 b. The undersigned CONTRACTOR hereby represents that no employee of the CITY, or any partnership or corporation in which a CITY employee has an interest,has or will receive any remuneration of any description from CONTRACTOR, either directly or indirectly, in connection with the letting or performance of this Agreement,except as specifically declared in writing. If this payment is to be charged against Federal funds, CONTRACTOR certifies that he or she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. CONTRACTOR and its employees, if any, are not active members of the Oregon 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 employee or agent of the CITY as those terms are used in ORS 30.265. 7. 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 release. City will defend and indemnify CONTRACTOR for all actions taken while CONTRACTOR is performing the responsibilities f municipal court judge as provided in this agreement to the extent of the City's obligation pursuant to ORS. 8. 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: Nadine Robinson,CITY OF TIGARD Tigard Municipal Court 13125 SW Hall Blvd. Tigard,Oregon 97223 CONTRACTOR Michael O'Brien P.O.Box 711 Forest Grove,OR 97116 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 Personal Services Contract Page 3 actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 9. MERGER: This writing is intended both as a final expression of the Agreement between the parties. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 10. PROFESSIONAL SERVICES: The CITY requires that services provided pursuant to this agreement shall be provided to the CITY by a CONTRACTOR which does not represent clients on matters contrary to CITY interests. Further, CONTRACTOR 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 CONTRACTOR represent clients on matters contrary to CITY interests or engage the 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, CONTRACTOR shall consult with the appropriate CITY representative regarding the conflict. After such consultation, the CONTRACTOR 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 Section 13 (b- iii)of this agreement. 11. TERMINATION WITHOUT CAUSE: At any time and without cause, CITY shall have the right in its sole discretion, to terminate this Agreement by giving notice to CONTRACTOR. If CITY terminates the contract pursuant to this paragraph, it shall pay CONTRACTOR for services rendered to the date of termination. 12. TERMINATION WITH CAUSE: a. CITY may terminate this Agreement effective upon delivery of written notice to CONTRACTOR, or at such later date as may be established by CITY, under any of the following conditions: i. If CITY funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. Personal Services Contract Page 4 iii. If any license or certificate required by law or regulation to be held by CONTRACTOR, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked,or not renewed. 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 such termination. b. CITY, by written notice of default (including breach of contract) to CONTRACTOR, may terminate the whole or any part of this Agreement: i. If CONTRACTOR fails to provide services called for by this agreement within the time specified herein or any extension thereof,or ii. If CONTRACTOR fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from CITY, fails to correct such failures within ten (10) days or such other period as CITY may authorize. The rights and remedies of CITY provided in the above clause related to defaults (including breach of contract) by CONTRACTOR shall not be exclusive and are in addition'to any other rights and remedies provided by law or under this Agreement. If CITY terminates this Agreement under paragraph(b), CONTRACTOR shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by CONTRACTOR bear to the total services otherwise required to be performed for such total fee; provided,that there shall be deducted from such amount the amount of damages, if any, sustained by CITY due to breach of contract by CONTRACTOR. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 13. ACCESS TO RECORDS: CITY shall have access to such books, documents, papers and records of CONTRACTOR as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. Personal Services Contract Page 5 14. FORCE MAJEURE: Neither CITY nor CONTRACTOR shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area- wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause,diligently pursue performance of its obligation under the Agreement. 15. NON-WAIVER: The failure of CITY to insist upon or enforce strict performance by CONTRACTOR of any 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 such terms or rights on any future occasion. 16. 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. 17. ERRORS: CONTRACTOR shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 18. EXTRA(CHANGES)WORK: Only the Contract Administrator may authorize extra (and/or changes) work. Failure of CONTRACTOR to secure authorization for extra work shall constitute a 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 compensation whatsoever for the performance of such work. 19. WARRANTIES: All work shall be guaranteed by CONTRACTOR for a period of one year after the date of final acceptance of the work by the owner. CONTRACTOR warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve CONTRACTOR from liability under warranties contained in or implied by this Agreement. Personal Services Contract Page 6 20. 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 the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. 21. GOVERNING LAW: The provisions of this Agreement shall be construed in accordance with the provisions of 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. 22. COMPLIANCE WITH APPLICABLE LAW: 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. 23. CONFLICT BETWEEN TERMS: It is further 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 said proposal conflicting. herewith. 24. SEVERABILITY: In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 25. 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 has read this Agreement,understands it and agrees to be bound by its terms and conditions. Personal Services Contract Page 7 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 first written. CITY OF TIGARD By: City Manager CONTRACTOR By: Contractor/Name/T" 1 Personal Services Contract Page 8 4 0 CITY OF TIGARD, OREGON RESOLUTION NO. 93- 7- A A RESOLUTION OF THE TIGARD CITY 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 Judge; 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 ndday of e„ , 199 �IVlayor - City of Tigard ATTEST: w� City Recorder - City of Tigard APPROVED AS TO FORM: -�",eA� �Ij J:�� t7ify Recorder (el.2 2- 3 Date RESOLUTION NO. 93- 3 EXHIBIT 'A' CITY OF TIGARD, OREGON CONTRACT FOR PERSONAL SERVICES CONTRACT TITLE: MUNICIPAL COURT JUDGE This Contract, made and entered into this DDn4 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: 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: 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 Judge 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 1 of 4 Compensation cont'd: 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 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 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 property 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. Compensation and special projects shall be reviewed annually. 4. City's Representative: 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. City's Obligation: 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 compensation provided for under Section 2 of this Contract. Exhibit "A", Page 2 of 4 • 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 Judge's status as independent contractor,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 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 under the terms 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 (to Judge or to a third party) as a result of said finding. 7. Termination: A. This Contract may be terminated by either City or Judge for 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 Judge or City which accrued prior to 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 0 • 10. Applicable Law: This Contract will be governed by the laws of the State of Oregon and the City of Tigard. 11. Complete Agreement: This Contract constitutes the complete agreement between City and 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 held on the ao2 h day of,Sump , 1993, and the Judge has executed this Contract on the date hereinabove first written. CITY OF TIGARDBy � ,Ma By Recorder JUDGE By Michael O'Brie Exhibit "A", Page 4 of 4 0 DECLARATION OF INDEPENDENT CONTRACTOR STATUS DATA: City of Tigard, Oregon NAME OF PERSON LETTING CONTRACT 13125 SW Hall Blvd, 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 June 22, 1993 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 1st date of July, 1993. 1 44�ul ALL=== Independ I Contr ctor Person Letting Contract EXHIBIT 'A' CITY OF TIGARD, OREGON CONTRACT FOR PERSONAL SERVICES CONTRACT TITLE: MUNICIPAL COURT PRO-TEM JUDGE This Contract, made and entered into this:,54='-day 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. WITNESSETH: 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 $40.00 per hour and said rate shall be paid monthly no later than the 10th of the month following service. Exhibit "A", Page 1 of 4 • 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 Obligation: In order to facilitate the work of pro-tem Judge as above outlined, City shall furnish 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. Exhibit "A', Page 2 of 4 0 Pro-Tem Judge is Independent Contractor cont'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 entitled 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 entitled 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 ® 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 10. Applicable Law: This Contract will be governed by the laws of the State of Oregon and the City of Tigard. 11. 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 held on thus f�day of June , 1991, and the pro-tem Judge has executed this Contract on the date hereinabove first written. CITY O T ARDS By Mayor — - -- By City Recorder JUDGE By. Michael 0'6 Exhibit "A", Page 4 of 4 M DECLARATION OF INDEPENDENT CONTRACTOR STATUS DATA: City of Tigard, Oregon 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. k Independ Contr ctor Person Letting Contract E}HIBIT "A" CITY OF TIGARD, OREGON CONTRACT FOR PERSONAL SERVICES CONTRACT TITLE: MUNICIPAL COURT PRO-TENT JUDGE This Contract, made and entered into this /l 8- day of June, 1990, 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 "pro-tem Judge", duly authorized to perform such services in Oregon. WITNESSETH: WHEREAS, City requires the services of pro-tempore 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 comYmmications 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 Administrative Services 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 $38.00 per hour and said rate shall be paid monthly no later than the 10th of the month following service. 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 Administrative Services 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 Obligation: In order to facilitate the work of pro-tem Judge as above outlined, City shall furnish 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. 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 entitled 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 entitled 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 renumeration 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 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. 10. Applicable Law: This Contract will be governed by the laws of the State of Oregon and the City of Tigard. 11. Complete Agreement• This Contract constitutes the complete agreement between City and pro-tem Judge and supercedes 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 held on the -/1 _h day of June , 1990, and the pro-tem Judge has executed this Contract on the date hereinabove first written. j CITY OFFTTIGARD By. /MaYor � y eity Recorder JUDGE Wj Michael J. ' rien le/word/ct/n]rptcon.180 ® DECLARATION OF INDEPENDENT CONTRACTOR STATUS DATA: City of Tigard Oregon NAME OF PERSON LEITING CONTRACT PO Box 23397 Tigard, Oregon 97223 Address Michael J. O'Brien NAME OF INDEPENDENT CONTRACTOR 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 , 1990. Independ Contractor Persons Letting Contract le/word/ct/nkrptcon.180 • E(HIBIT "A" CITY OF TIGARD, OREGON CONTRACT FOR PERSONAL SERVICES CONTRACT TITLE: MUNICIPAL COURT PRO-TEEM JUDGE This Contract, made and entered into this day of October, 1989, 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 "pro-tem Judge", duly authorized to perform such services in Oregon. WITNESSETH: WHEREAS, City requires the services of pro-tempore 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 Administrative Services 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 $38.00 per hour and said rate shall be paid monthly no later than the 10th of the month following service. 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. f 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 Administrative Services 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 Obligation: In order to facilitate the work of pro-tem Judge as above outlined, City shall furnish 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 conation other than the compensation provided for under Section 2 of this Contract. 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 entitled 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 she 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 entitled 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 renumeration 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 any reason whatsoever upon the giving of 30 days written notice to either ply 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 stun as a Court may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal to appellate courts. 10. Applicable Law: This Contract will be governed by the laws of the State of Oregon and the City of Tigard. 11. Complete Agreement• This Contract constitutes the complete agreement between City and pro-tem Judge and supercedes 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 held on the 23rd day of October, 1989, and the pro-tem Judge has executed this Contract on the date hereinabove first written. CITY TIGARD ByIf �/ cil ' esident ity Recorder JUDGE BI' cp/NKRPIMN N:\WORD\COURT\ ® DECLARATION OF INDEPENDENT CONTRACPOR STATUS DATA: City of Tigard, Oregon NAME OF PERSON LEITING CONTRACT PO Box 23397, Tigard, Oregon 97223 Address Michael J. O'Brien NAME OF INDEPENDENT CONTRACTOR Address Time or Project(s) covered by the Declaration: The undersigned hereby declare that all services performed under the Contract dated October 23, 1989 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 October , 1989. /V,1-411 � Indelident Contractor Administrative Services Manager cp/NKRPTCON N:\WORD\COURT\ ® Michael I O'Brien • Attorney at Law 2437 Pacific Avenue PO. Box 235 Forest Grove,Oregon 97116 (503)357-0144 October 9 , 1989 Loreen R. Wilson Administrative Services Manager City of Tigard P .O. Box 23397 Tigard, Oregon 97223 RE: Pro Tem Judge Personal Services Contract Dear Loreen: Enclosed please find two copies of the personal services contract which we discussed last week. Both are signed by me but undated. Thank you for providing me with the opportunity to serve as a pro tem judge. I look forward to working with you, my colleagues and the court staff . I confirm that I will be able to attend the reception scheduled for October 25th at 2 : 00 p.m. I would also like to attend at least one of the court sessions on the October schedule prior to the reception. I will call you as soon as I can clear my schedule for that purpose . Finally, I wish to confirm my interest in a tour of Tigard in order to familiarize myself with important intersections and traffic flow. I would be happy to schedule such a tour at the convenience of Chief Goodpaster . I look forward to meeting you in the near future . Sincerely yours , *W Michael J. O 'Brien MJO:bhs Enclosures October 5, 1989 . .... . . ...... CITY TIF RD Michael O'Brien OREGON P.O. Box 235 Forest Grove, OR 97116 Re: Pro Tem Judge Personal Services Contract Dear Michael: This will confirm our phone conversation from earlier this week. I again want to congratulate you on being a successful candidate for the pro tem Judge position with Tigard°s Municipal Court. The other attorney to be appointed as a pro tem is Bruce Liebowitz from Beaverton. Enclosed are three copies of the contract we discussed. Please sign and return two copies to my office no later than October 13, 1989. I will then present it to the City Council for ratification on October 23rd. The City will have a dessert and informal reception for both you and Attorney Liebowitz on October 25th at 2:00 PM. This will be held at the Civic Center located at 13125 SW Hall Boulevard. The reception will give you a chance to meet many of the staff members you will work with and Mayor Jerry Edwards will be present to officially swear you into office. Enclosed is a schedule for October court sessions. I would encourage you to stop by the Civic Center and observe as many sessions as you like. Again, on behalf of the court staff and the City, we appreciate your willingness to serve in this key role for our c miunity. I look forward to meeting you on the 25th, or before should you be visiting a court session. Sincerely, Loreen R. Wilson Administrative Services Manager lrw/word/protemcont Enclosures - 4 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 .(503)639-4171 Michael I O'Brien Attorney at Law 2437 Pacific Avenue PO. Box 235 Forest Grove, Oregon 97116 (503)357-0144 September 18 , 1989 Nadine Robinson, City Recorder City of Tigard 13125 S .V . Hall Blvd. P .O. Box 23397 Tigard, Oregon 97223 RE: Municipal Court Pro Tem Judge Postion Dear Ms . Robinson: Please find enclosed my responses to the questions contained in your letter of September 8 , 1989 . Thank you for providing me with the opportunity to participate further in the selection process . I am available at your convenience for a personal or telephone interview. Meanwhile , please do not hesitate to contact me if you have any questions or require additional information. Si cere rs , Michael J. O Brien MJO:bhs Enclosure RESPONSES_TO_PRO_TEM_JUDCE_QUESTIONS BY_MICHAEL_J:_O'BRIEN 1. ADVANTAGES_TO PROVIDING_COURT_SERVICES AT A_MUNICIPAL_LEVEL An efficient municipal court can be more responsive to the local needs of a city and its residents than a district court in a distant county seat. A municipal court provides a community with the opportunity to enforce general laws and its own ordinances with special attention to local standards. Compared to the county 's district courts, a municipal judge can be more aware of and responsive to the public policies articulated by the City Council through its ordinances. A municipal court may also permit the community to recover a larger portion of the cost of law enforcement and administration by generating revenue through fines and penalties imposed upon those who violate the law. Finally, a municipal court is both more convenient and less impersonal to those who might otherwise have to travel to a distant county seat for a court appearance. 2. THREE_MOST_Ii�PORTANT_TRAITS_FOR A_MUNICIPAL_COURT_JUDGE First: A municipal court judge must demonstrate knowledge of the law and skill in applying it to each case. He or she should be particularly familiar with local ordinances, court rules and court procedures. These traits are necessary, but not sufficient. Second: A municipal court judge must demonstrate fairness and impartiality in the application of the law. Litigants must be treated attentively and with due consideration, even if their claims are ultimately not accepted. Within the unavoidable constraints of time, a judge should endeavor on appropriate occasions to briefly explain his or her reasoning in reaching a particular result. The latter practice may have the incidental benefit of reducing the number of appeals. Third: A municipal court judge must demonstrate sound managerial skills in expeditiously handling a large volume of cases and working with court personnel. He or she should strive to maintain a sensible balance between the efficient disposition of cases and due diligence in deciding each one on its merits. A municipal court judge must also maintain friendly and professional relations with court and administrative staff. 3. PRIOR_SERVICE_AS_A_�TUDCE In my previous service as a Pro Tem Judge in Multnomah County, I feel that I successfully demonstrated many of the traits described above. While being mindful of docket pressures, I made every effort to carefully consider all the evidence and legal theories presented by litigants. I attempted to be courteous and respectful to all persons appearing before me, even when my patience was tried. At the same time, it is important to be firm once a decision is made in each case. In my experience, these attitudes impart more credibility to both the process and to the result. Finally, my familiarity with the motor vehicle code and my ability to rapidly analyze traffic records permitted me to dispose of cases quickly, but without compromising the integrity of the judicial process. 4. FACTQRS_TO__QQ S.ILER_IN_SENTENCINC The Oregon Constitution provides that "all penalties shall be proportioned to the offense" (Article I, Section 16) . Although the maximum fines and penalties in each case are specified by law, courts are also entitled to consider a variety of aggravating and mitigating circumstances. In a municipal court, the primary circumstance to evaluate is the prior record of convictions, if any, for each defendant. Since a fine or civil penalty should be calculated to deter future violations, a court is also entitled to consider the financial situation of a defendant. Finally, the court may examine the defendant ' s unlawful conduct for additional aggravating or mitigating circumstances. Despite the discretion allowed to courts in imposing sentences, I am convinced that consistency is in the interests of defendants and the court system. Defendants in similar circumstances should receive similar sentences. Such a policy is not only fair: predictability may have the added benefit of encouraging guilty pleas and thereby avoiding trials, especially where attorneys are involved. For this reason, I would work closely with my colleagues to implement uniform sentencing policies which are consistent with the discretion of the trial court. In imposing sentences, a municipal court judge may consider the community's interest in generating revenue to offset the costs of prosecuting a convicted defendant. Consistently with the principle of fairness in sentencing, the court should endeavor to recover the expenses incurred for law enforcement and court administration. Any additional revenues generated by the court may be applied by the City Council to projects benefitting the community. PAGE 2 - RESPONSES TO PRO TEM JUDGE QUESTIONS - MICHAEL J. O 'BRIEN 5. MAINTAINING-PROPER-COURT-DECORUM-WITHOUT-A-BAILIFF Although a bailiff may not be present in municipal court, a judge may find an unruly party or witness in direct contempt under the circumstances described in Oregon Revised Statutes Section 33. 030. If the contempt power is properly exercised, a judge may impose the sanctions of fine or imprisonment as provided by law. Although the contempt power is rarely exercised, a brief summary of the law by a judge can, in my experience, have a salutary effect on an unruly party. In extreme situations, a judge may have no alternative but to summon assistance from the police in order to enforce the contempt remedy. In my view, a judge demonstrating the traits described above can minimize the risk of encountering or provoking unruly parties. PAGE 3 - RESPONSES TO PRO TEM JUDGE QUESTIONS - MICHAEL J. O 'BRIEN CITY OF TIGARD, OREGON RESOLUPION NO. 89-� A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING PERSONAL SERVICE CONTRACT WITH Michael J. 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, there is a need for pro-tem judges to serve from time to time in the absence of the regular judge or when the caseload exams normal limits; and WHEREAS, the City Council now wishes to appoint Michael J. O'Brien as pro- tein judge. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: A 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 October 23, 1989 and upon taking effect shall repeal and replace all prior verbal and written agreements. PASSED: This day of (��� /, 1989. /z Mayor - City b tigard ATTEST: IiCJ City Recorder - City of Tigard APPROVED AS TO FORM: City Recorder o/a3��� Date RESOLUTION NO. 89--A Page 1