Resolution No. 89-84 49
CITY OF TIGARD, MgoN
RESOu7PION No. 89-�
WTZH J OT:IE TTGARD
i� "V-MCIPAI COLWERSOMLS ryOy��
�M JUDGE. ERVICE rPAI'
��2nAS Section 10 of the Ti
Judge and Q�a City Garter
orffice�f Mudge-'l J Prey 2.16 o the Ti Provides the office of
for
��� udgc pra-temporep and �� t`TuniciPal Code Provides for the
' there -a the a need far pro-tit
' pular judge nr when t 1o�'e from time to tiWTPEAS me in the
tem j et City Council now wishes nO 1 ts; and
' aPAnlnt 22chae_1 J<O'Lir'erl_- as
BE SI Pro-
NL
RESOLVED b4' the Tigard City Council that:
�n 1:
of�Parta�=� Co,tract is entered into
Contra trill as set forth in the attachcad by mutual agree
effect take effectn „
a9reements.11 repeal a replacell-pri- -9Or v �Exhibit "A"
taki�
PASSED; _ aW written
This .���/ day of
L2P 1 1989.
Z.+C%_-i•-� <;moi, i` �,-
city of Tigard,
C C3
i 1�1f]� �61i
x - Clty of
gT1Ti
a `JFis AS To FOi:
i 1
�/0 31
�LLf12CI Imo. 89-
E)GIMBIT "An
CITY OF ,
CT1fiACT FOR PERS SERVSCFS
C XnRACP TITLE: MC3NII SAI CLN7RT p ?-T gg� 7pL7CE
lhls Ccnt�-act, mad and entered into this
between t±_ City of Tigard, a munici I �y of Oc timber, 1189, by and
hereinafter called "City" P- �rporatioi of the State of Oregon,
�� ty and Mi e1 J• o Brien
Judge", dLuly authorized to perform seri sere-i in p hereinafter
ca'ter called "pro-tem
WI T N E S S E TH:
WHF Fs�.S, City racp� the service, of pLro-tele
Jam; and
City
VEDMEASrequires
is able and & ep a3 to provie?e such se vioes
, under those tezms and conditic L-s set forth; and as the
SFAS, City and Prc-tem Judge desire a written eKjreer e
Professional and busirslike relatians'L t creating a
nicatiors and to avoid. P, saving as a basis for effective
r�isunderstendin,.
I , T"22EFX)RE, 1N OONSZGFg-,ATION of those mutual prcm ses
cm-lditions set forth hereafter, the pargree as follc
ties a and the terms and
xas:
1. SetvS.ce Descric,tior.:
Pro-tem lJudge
udge is unable l Perform the follcwirks Persol3aZ s�xvices Only when the
Firo-t`paJudge l J
the City, illness, vacation, Perform his duti— by reason of absc from
or as specifically deteLnjned diivalificatian as provided by ORS 221.347,
by the Ad un.Lstrative SLrvioetE,- Manager:
A. preside over civil infraction, criminal, traffic, arxi parking case
standdaxds set by the, and Municl—lrings following the Px oOx2ure and process
� ale; and
B. £Additt Jional udge.Projects as directed by the City aauacil and agreed upon by
2. cKgr9maticM:
A. city to pay pro-tem JJudgefor �pan, of those services
shall ed in scontract at a rate of $38.00 per hour and said rate
id —nth-ly no later than the e 10th of
the month following
B. pfor alment Pa t= C1ty shal t a'Judge ase the City frc m any further obligation
e�rses i—Mred as of the date cif the ce serviOes p"_rformed or
shall riot be oortsidered a statenent of sen.-ices. payment
any defect therein. aPprOval of any work or waiver of
{
C. The City certifies that sufficieszt
for experriittae to finance f are available a authorizedcosts of this cmtr-„ate.
A. Al) work performed by pro-tJLV]ge lamer this pct shall be the
IFC�rty of the City.
3. Terse Of Agreement:
Pursuant to Chapter 2.16 of the Tigard Municipal Code, the term of this
agreement shall be in9efL ite and at the pleasure of the Mayor and City
Councii, but shall be renewed annually on a fiscal year basis.
compensation and special projects shall be. reviewed annually.
4. City Is Rgprese-ntative:
Dasi.le it is reoognized that pro-tem Judge works at the pl—e 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 Service= Manager, (13125 bW Y,ail Blvd., PO Box 23397,
Tigard, CR 97223, (503) 639-4171), pursuant to Section 10 of the City
charter which shall exclude frcmm supervision the exercise Of judicial
authority functions.
5. City's Obliggtion.
in order. to facilitate the work of pro-toms Judge as above outlined, City
shall furnish to pro-ten judge access to all existing informatiun which is
in the City's possession concerning the Municipal Court caseload.
6. Pro-Msn Jude Is Independent Contractor:
A. Pro-;e: Judge scall be an independent contractor for all purposes and
shall be entitles to no compensation other than the ccaspnsation
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 az employee of City, shall rpt be entitled to benefits of any
kind to which an employee of the City is entitled and shall be solely
responsible for all parnroents and taxes required by law. Not.
wi1t11^tarding Judge's status as indindent contractor, the City shall
provide liability insurance convexing Judge while she is acting witrnin
the sacpe 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
acbt-4--strative agerxy to be an employee of the City for any purpose,
City shall be entitled to offset cmVensaticn due to demand repayment
of any amounts paid to pro-tem Judge under the term of this Contract,
to the full extent of any benefits or other renumeration pro-ten Judge
receives (from City or third party) as a result of said finding and to
ti-.e full extent of any payments that City is required to make (to pro-
ten Judge or to a third party) as a result of said finding.
7. Te]Mi*atiumi:
A. This cntract may be termis-ated by either City Or pr—t— Judge far any
Meson whatsoever upon the giving of 30 days written notice to either
z party.
B. Terrninat.io p uuxex any provision of this Section shall not affect any
rxcft%, obligation, or liability of pro--ten Jige or City which a—ued
prior to such termination.
8. Indeami.fication:
Pro-tem Judge agrees to ;nden n;fy and to hold-harmie�--s the City, its
Officers, Diployees, 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 personas, damage to or
duction of property belonging to City, pro--ten Judge, or others,
resulting from, arising out of, or in any way c>armected with pro-tem
Judge's activities hereunder, excepting only such injury cr harm as may be
caused solely by the fault or negligence of the City, its officers,
Employees, and/or Agents.
9. Attorney's Fee,:
in case suit or action is instituted to enforce the provisions of this
Contract, the parties agree that the losing party shall pay such sash 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. Anol'c•.able Law
This Contract will be gm-erned try the laws of the State of Oregon and the
City of Tigard.
11. CCUaplc to drat.
r
This Contract constitutes the con plete agreement between City and pro-tem
Judge and supercedes all prior written or oral discussions or agreements.
IN WIMNESS WIMF, the City has caused this Contract to be executed by its
duly authorized wxIersigned officers, acting pursuant to resolution of the City
Council, duly passed at the regular meaetir.-3 :mid on the 23rd day of October,
1989, and the pro-tem Judge has executed this Oontract on the date hereinabove
first w,rit:Een. i-
crry ()F'TTGARD j
gooncil P sident
'City Romer -�-
JLTI7GE
Sy `.
cpm
N:\Wl'FW\C0UUA
DEXXARATICN OF IIQDEprNDENT CUN1RACIM :,TA US
DATA:
City of Tip . Orem
NAME OF PETm-M JZrII24I CCNTRACr
1?OHaat 233ri7. T.iaard 9722 -- —
Address
Mic�aae��J O'Hrien
NAME OF iwEmiDENr OwrRACT-2
Time or project(s) covered by the Declaration:
Ttae u --sided hereby declare that all sesviperformed Wxier the Contract
dated Oc.-tops 23 1989 shall be rem by the 'ndeper`' ^r contractor in
bis status as an irldependent contractor.
in consideration of the letting of this Contract, the xrKIePe7%cl=nt contractor
agrees to xrld—fy the persan-t letting the Contract for any damages, exP'nses,
costs and clisbmmsements, and attorMeY's fees incurred by said person as a
result of the irriepe.,dent 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 ir :t contractor is rxvc eligible to receive
workers, oa4xnisaticn berefita in the event of injury or disease, unless said
person has cbtainecd coverage for such benefits pursuant to ORS 656.128.
Dated thiAs {Ldate of october 1383.
Aontractor
Adminict-rati;re Services Manager
cp/lOQ F'SO'N
N:\ \CXh!r\
(