Resolution No. 90-31 CITY OF TIGARD, OREGON
RESOLUTION NO. 90-3 11_
A RES0113TION OF THE TIGARD CITY COUNCIL APPIRCVIAiG PRS SERVICE CONTRACT
WITH MCC FM1-- , J. O'BRIEN, MUNICIPAL COURT JUDGE PRO-t'FM.
i
WHMEA.,, Section 10 of the Tigard City Charter provides for the office of
Mamicipal Judge and Chapter 2.16 of the Tigard Municipal Code provides for the
office of Municipal Judge pro--terpore; and
Va=.AS, 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 exceeds normal limits; and
WHEREAS, Michael J. O'Brien has served as the Municipal Court Judge pro-tem
since October 23, 1989; and
VMEREAS, the Tigard City Coumil has found the pro-tem Municipal Judge's
perforronce to be satisfactory during that time.
Now, T4EREnRE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Personal Services Contract is entered into by Tmitual agreement
of the parties as set forth in the attached r'>:hibit 'W'. This Contract will
take effect July 1, 1990 and upon, taking effect shall repeal and replace all
prior verbal and written agreements.
1�PASSED: This day of ��t,�. 1990.
b*ayor - (ity of Tigard
ATTEST:
C " Recorder - City ofi�
le/ns
RESOLUTION NO. 9o- 31
Page:J
EXIT= "A"
CITY OF TIGARD, OREGON
CONTRACT FOR PERSONAL SERVICES
OOM'RACr TITLE: M[RIICIPAL COURT PFc'O-TFM JUDGE
This Contract, made and entered into this _1_1Lh 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 1°pro-tem
Judge", duly authorized to perform such services in Oregon.
WITNESSETH:
Wf REAS, City requires the services of pro-tempore Judges; and
VAIEREA.S, pro-tem Judge is able and prepared to provide such services as the
City requires, under those terms and conditions set forth; and
WE REAS, City and pro-tem Judge desire a written agreement creating a
professional and businesslike relationship, serving as a basis for effective
ccmmumications and to avoid misunderstarxluig.
NOW, THEREFORE, IN CONSIDERATION of those mutual promises and the terms and
conditions set forth hereafter, the parties agree as follcxrs:
( 1. Service Description:
Pro-tem Judge shall perform the following personal se-vices 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 p,=y pro-tem J._.rye for performar:cee 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
e>gDenses 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. Tenn Of Acrreen-sit'
l
pursuant. to C2,spter- 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-tern Judge works at th, pleasure of the
Mayor arra 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 frcan 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 Municip.:l Court caseload.
6. Pro-Tem Judge Is Independent Contractor:
A. Pro-tem Judge shall be an independent contractor for all purposes ar3
shall be entitled to no cxmpensation other than the compensation
provided for under Section 2 of this Contract.
B. Pro-tem Judge aciaiawledges 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 cz-rCensatiOn cue to demand repayment
of any amounts paid to pro-tem Judge under the terms of this Contract,
+to the _fill extent of arry benefits or other renumeration pro-tem Judge
receives (froth 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 -r pro-tem Judge for any
reason wokt-soeve: upon the giving of 30 days written notice to either
C 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.
3. 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 cats 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
Jude'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.
li. Ccrylete Afire set:
This Contract constitutes the complete agreement betaee�� City and pro-tem
Judge and st4aerredes all prior written or oral discussions or agreements.
IN 14ITNESS IAIEMMF, the City has caused this Contract to be executed by its
duly authorized undersigned officers, acting pu-suant to resolution of the City
Council,_ duly passed at the regular meeting held on the day of June ,
1990, arra the pro-tem Judge has executer this Contract on the date hereinabove
first written.
CITY C3j�'TIGARD
Ynr, `
sy��T,e7'1_0
CAe2rity T,z�,-aerer
JUNG
BY & X
Michael J. Cy° ren
le/word/ct/n'xrptcon.180
i .
DECLARATION OF DWEPENDEW OWIVACIOR STATUS
DATA:
City of Tic:azd. Oregon
NAME OF PE R,,ON LE,T r-Ur- OONIRAC r
PO Box 23397, Ticr-rd,.Oregon 97223
Addr,ess
Michael T. O'Brien
NAME OF INDEPENDESFS CONIRAC?nR
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 icaZ-t—xident contractor in his
status as an independent contractor.
In consideration of the letting of tnis Contract, the indepes?ent contractor
agrees to indenmify the person letting the Contract for any damages, expenses,
costs and dislm�ts, 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' conpensation benefits in the event of injury or disease, unless said
person has obtain coverage for such benefirs pursuant to ORS 656.128.
Dated this date of 1990.
Ind.pend Con*?actor
._O o
`Persons Letting Contract
le/word/ct/nkrptoon.180