Resolution No. 96-44 CITY OF TIGARD,OREGON ti v 5 jS*#,.
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1 RESOLUTION NO.96-44
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A RESOLLTFION 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 1�
a „VexO�A*,
1 WHEREAS,Michael O'Brien served as a Municipal Court pro-tem judge from October 23,1989 to July I,
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1992 and has served as Municipal Court Judge since July 1,1992;and ` . s
> WHEREAS,the Tigard City Council has found the Judge's performance to be satisfactory;anda
WHEREAS,the City Council wishes to continue the understood reporting procedure between the City and �t
.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 upon signing and shall
repeal and replace all prior verbal and written agreements.
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PASSED: This-2-3 day of 1996. s- 1 q <
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M or City of Tigard I1
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ATTEST:
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" ity Recorder-City of Tigard i
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r RESOLUTION NO.96.-
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CITY OF TIGARD,OREGON a
PERSONAL SERVICES CONTRACT
THIS AGREEMENT made and entered into this 1st day of July,1996 by and between the CITYr'
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OF TIGARD,a municipal corporation of the State of Oregon, hereinafter called CITY, and
MICHAEL O'BRIEN,hereinafter called CONTRACTOR.
WITNESSETH
WHERE AS,CITY has need for the services of Municipal Judge;and
WHEREAS.City Administrator and Court Administrator have determined that Michael O'Brien
is oualif7ed and capable of performing the professional services as CITY does hereinafter
require under those terms and conditions set forth: § `wSsks� r�
NOW .
THEREFORE,in consideration of the mutual covenants contained herein, the parties
agree as follows:
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1. SERVICES TO BE PROVIDED: "
a. Preside over civil infraction, criminal, traffic, and parking case arraignments,
trials,and hearings; a r b „la
b. Oversee the Municipal Court judicial function;
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C. Work with the Court Manager to continue to streamline court processes;
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d_ Update court orders and rules as needed;and
e. Research and additional projects as agreed to by the Contractor and Court
Administrator,. -
2. EFFECTIVE DATE AND DURATION:
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:This"Agreement shall become effective upon the date of execution, and shall expire, x ��...
unless otherwise terminated or extended, on June 30, 1997. All work under this
Agreement shall be completed prior to the expiration of this Agreement. `"
3. COMPENSATION:
CITY agrees topay CONTRACTOR$1,800.00 per month for performance of those %'x
services described herein. The City and Contractor agree the terms of compensation may j r
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be renegotiated if the average hours of service,over a consecutive `
uu�ee month period, x
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.are below 26 hours per month or exceed 30 hours per month. Payment shall be based
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upon the following applicable terms: �
a Payment will be made in installments based on CONTRACTOR's invoice,subject
to the approval of the Court Administrator. Payment shall be made only for work
actually completed as of the date of invoice.
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b. Payment by CITY shall release CITY from any further obligation for payment to
CONTRACTOR, for services performed or expenses incurred as of the date of
the invoice. Payment shall not be considered acceptance or approval of any work
or waiver of any defects therein.
C. CONTRACTOR shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167. `�s )�'
d. The CITY certifies that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
4. CITY'S REPRP.SENTATIVE:
While it is recognized that the CONTRACTOR 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 Administrator,(Nadine Robinson,13125 SWC
� 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- OWNERSHIP OF WORK PRODUCT:
CITY shall be the owner of and shall be entitled to possession of the original copies of
any and all work products of CONTRACTOR which result from this Agreement,
including any computations, correspondence or pertinent data and information gatheredi
by or computed by CONTRACTOR prior to termination of this Agreement by
CONTRACTOR or upon completion of the work pursuant to this Agreement. :
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6. ASSIGNMENTIDELEGATION: gt ,
Neither party shall assign,sublet or transfer any interest in or duty under this Agreement.
1. STATUSOF CONTRACTOR AS INDEPENDENT CONTRACTOR: `
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CONTRACTOR certifies that:
a. CONTRACTORacknowledges that for all purposes related to this Agreement,
CONTRACTOR is and shall be deemed to be an independent contractor as
defined by QRS 670.700 and not an employee of CITY,shall not be entitled to
Municipal Judge Personal Services Contract t
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benefits of any kind to which an employee of CITY is entitled and shall be solely
responsible for all payments and taxes required by law. Furthermore,in the event
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` that CONTRACTOR is found by a court of law or any administrative agency to
' be an employee of CITY for any purpose, CITY shalt be entitled to offset
compensation due, or to demand repayment of any amounts paid to
CONTRACTOR under the terms of this Agreement, to the full extent of any -
benefits or other remuneration CONTRACTOR receives (from CITY or third z�
3 party)as a result of said finding and to the full extent of any payments that City is `' S
required to retake (to CONTRACTOR or to a third party)as a result of said
finding.
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b. The undersigned CONTRACTOR hereby represents that no employee of the City ' g,.+ "
of Tigard, or any partnership or corporation in which a CITY employee has an
interest, has or will receive any remuneration of any description from
CONTRACTOR, either directly or indirectly, in connection with the letting or
performance of this Agreement,except as specifically declared in writing.
CONTRACTOR and its employees,if any,are not active members of the Oregon
Public Employees Retirement System and are not employed for a total of 600 1 ,NQ%'
hours or more in the calendar year by any public employer participating in the fi �3
Retirement System.
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C. CONTRACTOR is not an officer,employee, or agent of the City of Tigard as "
those terms are used in ORS 30.265. #
S. INDEMNIFICATION: �xRE;
! CITY has relied upon the professional ability and training of CONTRACTOR as a3k
material inducement to enter into this Agreement. CONTRACTOR warrants that all its
work will be performed in accordance with generally.accepted professional practices and
standards as well as the requirements of applicable federal,state and local laws,it being 't
understood that acceptance of a CONTRACTOR's work by CITY shall not operate as a
waiver or release.
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City .will defend and indemnify CONTRACTOR for all actions taken while
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CONTRACTOR is performing the responsibilities of municipal court judge as provided
in this agreement to the extent of the City's obligation pursuant to ORS Chapter 30. `z
9. INSURANCE:
Not withstanding CONTRACTOR's status as independent contractor,City shall provide ;.
general liability insurance covering CONTRACTOR while he is acting within the scope
of judicial duties for.the City,as provided in Section 1 herein.
Municipal Judge Personal Services Contract
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10. WORKERS'COMPENSATION COVERAGE:
CONTRACTOR, its subcontractors, if any, and all employers working under this
e� Agreement are subject employers under the Oregon Workers'Compensation Law and f u:
shall comply with ORS 656.017,which requires them to provide workers'compensation !t
coverage for all their subject workers.
11. METHOD AND PLACE OF GIVING: NOTICE, SUBMITTING BILLS AND ^ " `
MAKING PAYMENTS.
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All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices,bills and payments sent by mail should be addressed asE'a4'"� "�
€ follows: L
CITY: Nadine Robinson,Tigard Municipal Court
13125 SW Hall Blvd.,Tigard OR 97223 t'
-� Phone number.634-4171,Fax number.684-7297 .
CONTRACTOR: Michael O'Brien is
`I PO Box 711,Forest Grove,OR 97116 '
Changes may be made in the names and addresses of the person to whom notices,bills
and payments are to be given by giving written notice pursuant to this paragraph. .t k
' Payment shall be made within 30 days of the Ci ((� "
Y City receiving the invoice- 44
12. TERMINATION -
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a. At any time and without cause,CITY shall have the right in its sole discretion,to
terminate this Agreement by giving notice to CONTRACTOR. If.CITY M
fermi contract pursuant to this pa graph,it shall pay CON-1RAC1 OR
for services rendered to the date of termination.
b. This contract may be terminated by the CONTRACTOR for any reason
whatsoever upon the giving of 30 days written notice to the CITY. =i
C. Any such termination of this agreement under paragraph(a) shall be without
prejudice.to any obligations or liabilities of either party already accrued prior to
such termination..
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t c 13. ACCESS TO RECORDS:
t 4 CITY shall have access to such books, documents, papers and records of t t
CONTRACTOR as are directly pertinent to this Agreement for the purpose of making
.�t 4 audit,examination,excerpts and transcripts..
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` 14. . NON-WAIVER: s
The failure of CITY to insist upon or enforce strict performance by CONTRACTOR of Mb,
any of the terms of this Agreement or to exercise any rights hereunder, should not be
construed as a waiver or relinquishment to any extent of its rights to assert or rely upon
such terms or rights on any future occasion.
15. NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all applicable requirements of federal and state54,
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civil rights and rehabilitation statues,rules,and regulations. CONTRACTOR also shall ;
comply with the Americans with Disabilities Act of 1930, ORS 659.425, and all y=�.
regulations and administrative rules established pursuant to those laws. h'
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16. ERRORS: a
CONTRACTOR shall perforin such additional work as may be necessary to correct his
errors in the work required under this Agreemedt without undue delays and without
additional cost.
`. 17. EXTRA(CHANGES)WORK:
The Court:Administrator may authorize extra (and/or changes) work. Failure of 3
t CONTRACTOR to secure Administrator's authorization for extra work shall constitute a z
waiver.of all Ag t to adjusnncrit in the contract price or couu'ac.i lilac due to such
unauthorized extra work and CONTRACTOR thereafter shall be entitled to no y
compensation whatsoever for the performance of such work.
18. ATTORNEY'S FEES:
In case suit or action is instituted to enforce the provisions of this contract or for breach
of contract,the parties agree that the losing party shall paysuch sum as the court may
adjudge reasonable attorney fees and court costs,including attorney's fees and court costs
on appeal.
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' 19. GOVERNING LAW:
The provisions of this Agreement shall be construed in accordance with the provisions of
the Laws of the State of Oregon. Any action or suits involving any question arising under
this Agreement must be brought in the appropriate court of the Slate of Oregon.
20. COMPLIANCE WITH APPLICABLE LAW: .
CONTRACTOR shall comply with all federal, state, and local laws and ordinances F '3s2i"7''
applicable to the work under this Agreement,including those set forth in ORS 279.310 to
279320. i E,
} 21. CONFLICT BETWEEN TERMS: p v
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It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument in the proposal of the contract, this
3 instrument shall control and nothing herein shall be considered as an acceptance of the
said terms of said proposal conflicting herewith.
22. AUDIT: �>
CONTRACTOR shall maintain records to assure conformance with the temts and
conditions of this Agreement, and to assure adequate performance within the contract
period. CONTRACTOR agrees to permit City of Tigard, the State of Oregon, the
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federal government, or their duly authorized representatives to audit all records w
# pertaining to this Agreement to assure the accurate expenditure of funds, Any
i independent audit report of CONTRACTOR's activities or finances prepared for i rF a
CONTRACTOR shall be submitted to the City of Tigard's Finance Director.
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' 23. SEVERABILITY: .
In the event an provision or +� 1"'
y p portion of this Agreement is held to be unenforceable
'invalid by any court of competent jurisdiction, the remainder of this Agreement shall c ''
remain in full force and effect and shall in no way be affected or invalidated thereby.
24. COMPLETE AGREEMENT:
This Agi.amen constitutes the entire Agreement between the parties. - No waiver,
consent,modification,or change of terms of this Agreement shall bind either party unless
-in writing and signed by both parties. Such waiver,consent,modification,or change if
made, shall be effective only in specific instances and for the specific purpose given.
37'ere arc no gs, agree
.specified herein regardingimthis Agreement. CONTRACTOR,Jby the signaturenof its
Municipal Judge Personal Services Contract
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authorized representative, hereby acknowledges that he has read this Agreement,
understands it and agrees to be bound by its terms and conditions. . N70,
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IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its duly '
c, authorized undersigned officer and CONTRACTOR has executed this Agreement on the date
hereinabove first written.
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CITY OF TIGARD �xk�
h•�>t BY � ,l�-- William Monahan,City Administrator011u
1 CONTRA r
By: Michael O'Brien �
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