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Resolution No. 94-27 CITY OF TIGARD,OREGON RESOLUTION NO.94- arl 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 has served as Municipal Court Judge since July 1, 1992; and WHEREAS, the Tigard City Council has found the Judge's performance to be sciisiactory since that time;and WHEREAS, the City Council wishes to continue the understood reporting procedure betvv een 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 Contr-ct will take effect July 1, 1994 and upon taking effect shall repeal and replace all prior verbal and written agreements. PASSED: This=l- day or 19-94. , 1994. Q � yor-City of Tigard AIIEST: �' 1 I ir�c��V / � G� 'r' 1 City Recorder- City of Ti a d r APPROVED AS TO FORM: l City Recorder . w0a lgLt Date RESOLUTION NO.94- EXHIBIT'A' CITY OF TIGo,ARD,OREGON CONTRACT FOR PERSONAL SERVICES CONTRACT TITLE: MUNICIPAL COURT JUDGE This Contract, made and entered into this 15th day of June, 1994, 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 service-s 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,INCONSIDERATION of those mutual promises and the terms and conditions set foith hereafter,the parties agree as follows: I. 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 Manaaer 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 $16130.00 per month. The City and Judge agree the terms of compensation may be renegotiated if the average hours of service;over a consecutive three month period,are below 25 Exhibit"A-,Page I of 4 hours per month or exceed 30 hours per month, Payment will be made monthly no later than the 20th of the month following service. 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 the 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 v✓ork of Judge as outlined above,City shall furnish to Judge access to all existing information which is in the City's possession conceming the Municipal Court caseloar,! 6. judge is i idepe Ider it VVI llroci Ur: 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 win Judge Is independent Contractor cont'cl: 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 c>f 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 ether City or Judge for any reason whatsoever upon�the giving of 30 days wrim-n notice to either pa i—ly. 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 helnn�inC tr City,_It�t�nP;r_.r ntharc rceJtir�j frnm nncir g��+.f _ ny way connected with 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 Fees: In case suis`or action is instituted io 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"A7.Page 3 of 4 r7Mow 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 t..is 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 27th day of June,1944,and the Judge has executed the Contract on the date hereinabove first written. CITY OF TIGARD By IVI r G itv Recorder JUDGE Michael O'Brier. L _, ,Exhibit'A',Page 4 of 4 DECLARATION OF INDEPENDENT CONTRACTOR STATUS DATA: City of Tigard, Oregon NAME OF PERSON LETTING CONTRACT 13125 SW Hall Blvd,Tigard,Oreao_n_ 97223 Address Michael O'Brien NAME OF INDEPENDENT CONTRACTOR P.O. Box 235 Forest Grove,Oregon 97005 Address Time or Project(5) covered by the Declaration: The undersigned hereby declare that all services performed under the Contract L dated !'9�shall be rendered by the independent c:,ontractor 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 l.A-A-C,, , 1994. I Independent ntract r' 114k;1-1AWs?)1-- , Person Letting Contract