Resolution No. 95-29 CITY OF TIGARD,OREGON
RESOLUTION NO. 95-Q I
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING PERSONAL SERVICE
CONTRACT WITH MICHAEL O'6RIEN,MUNICIPAL COURT JUDGE.
WHEREAS,Section 10 of the Tigard City Charter provides for the office of Municipal
Judge;and
WHEREAS, Michael O'Brien sewed 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
satisfactory since that time; and
WHEREAS, the City Council wishes to continue the understood reporting
procedure betv„een the City and the Municipal Judae;
NOW,THEREFORE,BE IT RESOLVED by the o Bard 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, 1995 and upon taking effect
shall repeal and replace all prior verbal and written agreements.
PASSED: This f �'day of ( , 1995. %J
May - of Tigard
ATTEST:
-City Recorder-City of Tigc®d
RESOLUTION NO.95- of
EXHIBIT 'A'
CITY OF TIGARD. OREGON
CONTRACT FOR PERSONAL SERVICES
CONTRACT TITLE: MUNICIPAL COURT JUDGE
This Contract, made and entered into this 15th day of June, 1995, by and
between the City of Tigard, a municipal corporation of the State of Oregon,
hereinafter called 'Gly' and Michael O'Brien, hereinafter called 'judge', duly
authorized^:->perform such services 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
require~, under those terms and conditions set forth;and
WHEREAS,City and Judge desire o 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. Work with the Court Manager to continue to stream)ne 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. Corraensation:
A. City agrees to pay Judge for performance of those services outlined in
this contract at a rate of $1800.00 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 27
Exhibit'A',Page 1 of 4
hours per month or exceed 32 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 th 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 v✓ork 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
se 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 Acireement:
r uw'v'vr:t to Section 10 of the City Charter and Section 2.16.020 of the Tigard
Municipal Code, the term of this agreement shaii 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 STom supervision the exercise of judicial authority
functions.
5. City's Obligation:
In order to facilitate the work_of Judge as outlined above,C:ly 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 c herthan the compensation provided for
under Section 2 of this Contract.
Exhibit'A',Page 2 of 4
Judae is Independent Contractor cont'd:
B. Judge acknowledges that for a!I 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 emp ogee of the City Is entified 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 score 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 on acim!nistrative
agency to be an empioyee of the City for any purpose, City shali be
entitled to offset compensation due to demand repayment of any
amounts paid to Judge under the terrn,; 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 FIy;t,
obligation, or liability of Judge or City which accrued prior to such
termination.
g. Indemnification:
Judge agrees to indemnd'iy 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. Appliccsble Low:
This Contract will be governed by the laws of the State of Oregon and the
Clty of Tigard.
11. Comoiete Aiareement:
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 this Contract to be executed by its duly
cuthr.mad undersigned officers,acting pursuant to resolution of the City Council,
duly passed at the regular meeting held on the 27th day of June, 199,15, and the
Judge has executed this Contract op the date hereinabove first wr%tten.
CITY OF TIS D
By
May
By
C. Recorder
JUDGE
By
Michael O'Brien
Exhibit'A',Page 4 of 4
DECLARATION OF INDEPENDENT CONTRACTOR STATUS
DATA:
City of Tigard Oregon
NAME OF PERSON LETTING CONTRACT
13125 SV✓Hall Blvd Tiaard Oregon 97223
Address
Michael O'Brien
NAME OF ! EPENDENT CONTRACTOR
P.O. Box 235 Forest Grove Oregon 97005
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 independent contractor 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 attome y'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 coverpe for such benefits pursuant to ORS 656.128.
Dated this kJ date of uc G , 1995.
� 1 _
Independent Glonfractor
Person Letting Contract