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Resolution No. 93-23 oil im CITY OF TIGARD,OREGON RESOLUTION NO.93-23 A RESOLUTION OF THE TIGARD CITV 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 Mudge,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 22 nday of J�u� n- 3 i G ATTE T: Mayor-City of Tigard Recorder-City of Tigard APP OVED AS TO FORM: City Recorder Wa�M3 Date C RESOLUTION NO. 93----) 3 EXHIBIT'A' CITY OF TIGARD,OREGON CONTRACT FOR PERSONAL SERVICES ® CONTRACT TITLE: MUNICIPAL COURT JUDGE This Contract,made and entered In' this Q2_ J 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: I E 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: t_ 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 Judy 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 l of 4 NO > �i� _ - .� .. .Q s recd rater Compensation cont'd: f 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 dote 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 properly 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. annually. Compensation and special projects shall be reviewed 4. City's Representative: P 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. r"j s Obl°aaticn: 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 co;penisa;lon provided for r under Section 2 of this Contract. Exhibit'A'.Page 2 of 4 - - T AMU M 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 Judcge's stcfus as independent contractor, 'Ciy 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 ender the tc ms 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(tG Judge or to a third party)as a result of said finding. 7. Termination: A. This Contract maybe terminated by either City or Judge for any reason whatsoever upon the giving of 30 days written notice to either party. B. Termination under an affectshall not ny right, obligation, or liability ofrJudgeoor City which accrued prior ato 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 10. Applicable Law: ( This Contract will be governed by the laws of the State of Oregon and the City of Tigard. I 1. Complete Agreement: This Contract constitutes the complete agreement between City and Judge and supersedes all prior written or oral discussions or agreements. IN WIT IVESS wiyEl<ECF,the cny has t.alJJe4 this�01-u`ract w be exec utied by IS duly authorized undersigned officers,acting pursuant to resolution of the City Council, duly passed at the reguicir meeting held on the nd day of "g 1993,and the Judge has executed this Contract on the date hereinabove first written. CIN OF I RDD Y Mayor By Ctty Recorder JUDGE By Michael O'Brien Exhibit'A',Page 4 of 4