Resolution No. 92-32 CITY OF TIGARD, OREGON
_ RESOLUTION NO. 92_33-
4
A RESOLUTION
UNCIL
NG
CONTRACT WITHOMTchael�O'Brien,MUNICIPAL PAL COURTOJUIPERSONAL SERVICE
JUDGE.
WHEREAS,Section 10 of the Tigard City Charter provides for the office of Municipal
Judge;and
WHEREAS, Michael O'Brien has served as the Municipal Cows judge pro tem
since October 23, 1989, and
WHEREAS, the Tigard City Council has found the Judge's performance to be
satisfactory during that time;and
,between the Council
lity awi the municipal lJudgnue e;
understood reporting
WHEREAS
procedure
NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that:
reement
into by mutual ag
Section 1 rThehes as et forthsrthe attaoched Exhibitt'. his Cont act will ake effect
of the pa
all repeal and replace all prior verbal and
July 1,1992 and upon flaking effect sh
written agreements.
PASSED: Thisday of /A 1992.
i and
- Ci lig
aid
tY of T
ATTEST:
City Recorder- City of Tigar
APPROVED AS TO FORM:
City Recorder
Dat,v
4
RESOLUTION NO. 92- 2
EXHIBIT 'A'
CITY OF TIGARD. OREGON
CONTRACT FOR PERSONAL SERVICES
CONTRACT TITLE: MUNICIPAL COURT JUDGE CONTRACT NO.�
This Contract, made and entered into this 10th day of June, 1992, 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.
W I T N ESSETH:
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. Woe<with the Court Manager to continue to streamline the court
process;
D. Review and update, with the Court Manager's assistance, the
Tigard Municipal Court Rules;
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$55.00 per hour. Payment will be made
at least twice per month,
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 that sufficient funds are available and authorized
for expenditure to finance 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., P.O. 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 Judge as above outlined,City shall furnish
to Judge access to all existing information which is in the City's possession
concerning the Municipal Court caseload.
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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.
B. Judge acknowledges that for ail 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
Y1t` and taxes Irod h• law. Not
responsible far all pc�yme.••:, rv.:,u�oma. by ._.w. IVVI
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 shat! 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 attorneys' 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.
s
9. Attorney's Fees
In case suit or action is instituted to enforce the provisions of this Contract,
I 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.
i
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 supercedes all prior written or oral ciiscussions 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 June , 1992,and
the Judgee has executed this Contract on the date hereinabove first written.
CITY OF TI Ai' �- JUDGE /i
Y s
B avo _� YMichaet O'Bri
City Recorder
DECLARATION OF INDEPENDENT CONTRACTOR STATUS
i
DATA:
City of Tigard Oregon
NAME OF PERSON LETTING CONTRACT
PO Box 23397 Tigard Oregon 97223
Address
Michael 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 June 10, 1992 shall be rendered by the independent contractor
in his status as an independent contractor.
In consideration of the letting of this Contact,the independent contractor
agrees to indemnify the person letting the contract for any damages,expenses,
costs and disbursements,and attorneys' 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 10th day of June , 1992.
Independ t Contra for
Person Letting Contract I
!e/word/ct/judgcont