Resolution No. 85-56 CITY OF TIGARD, OREGON
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RESOLUTION NO.
A RESOLUTION OF THE TIGARD CITY COUNCIL RETAINING R. A. WRIGHT AS INTERIM CITY
ENGINEER
WHEREAS, the City Council finds that there will be at period of time during the
recruitment process for a new City Engineer when the City will be without a
City Engineer; and
WHEREAS, the City Council further finds that such a vacancy would create
hardship for the staff and citizens of the City of Tigard.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Mr. R. A. Wright, of R. A. Wright Engineering is hereby retained as
the Interim City Engineer and has all duties and powers allowed by
the Tigard Municipal Code for such position except that there shall
not be any purchasing or management authority. Such purchasing and
management authority shall be directed through t'.e Community
Development Director during this interim appointment.
Mr. ti, A. Wright shall execute a Personal Services Contract with the
City covering performance requirements for the interim posi'Lion as
shown on Exhibit "A" hereby attached and made a part hereof.
PASSED: This �� day of 1,42985.
r 5 `City of Tigard
ATTEST:
City of Tigard
lw/300 A
RESOLUTION No, 85—���
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CONTRACI FOR PROFESSIONAL SERVICES
A CONTRACT entered into between the CITY OF TIGARD, OREGON, 12755 S.W. Ash
Avenue, Tigard, Oregon 97223 (herein as "CITY") and R. A. Wright Engineering,
Inc., (herein as "ENGINEER").
Whereas it is in the best interests of the CITY to retain the services of an
Interim City Engineer to act as City Engineer; and
WHEREAS R. A. Wright is qualified to perform
said services;
NOW THEREFORE, IT IS AGREED BY THE PARTIES HERETO THAT:
1. ENGINEER shall perform the services and has all duties and powers allowed
by the Tigard Municipal Code for such position, except that there shall
not be any purchasing or management authority, and incorporated by this
reference herein, as modified by this agreement and shall perform the
services pursuant to the City Engineer procedures approved by the Council.
2. In consideration of performance of all services and as payment for all
expenses incurred by ENGINEER, EXCEPT AS SPECIFICALLY AGREED IN WRITING TO
BE SEPARATELY REIMBURSABLE AND BEFORE BEING INSURED, CITY agrees to pay to
_ ENGINEER:
An amount based upon actual hours of service performed during the given
month at the rate according to Schedule "A".
3. CITY shall make monthly payments to ENGINEER, based upon actual hours of
service performed during the given month,
9. ENGINEER acknowledges that for all purposes related to this agreement,
ENGINEER is and shall be deemed to be an independent contractor and not an
enployee 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; and furthermore in the event that
ENGINEER is found by a court of law or an administrative agency to be an
employee of the CITY for any purposes, CITY shall be entitled to offset
compensation due or demand repayment of any amounts paid to ENGINEER under
the terms of this agreement, to the full extent of any benefits or other
remuneration ENGINEER receives (from CITY or a third party) as a result of
said finding and to the full extent of any payments that CITY is required
to make (TO ENGINEER or to a third party) as a result of said finding.
5. ENGINEER shall prepare and submit to The Finance Director,
a statement of services rendered, indicating hours and dates of services
together with a request for payment duly authorized by the Council or its
designee at least TWENTY DAYS prior to due date of each payment (excluding
first payment); payment by CITY of an interim amount shall release CITY
from any further obligation for payment to ENGINEER for services performed
or expenses incurred as of the date of the statement of services.
PROFESSIONAL SERVICES CONTRACT — Page 2
6. Commencement and Termination: This agreement will commence effective
immediately upon signing and terminate on October 1, 1985, with option of
30 day extension as needed. This agreement may be cancelled and
�- terminated for• any reason an 90 days written notice by either party. The
CITY may terminate the agreement at any time should the ENGINEER fail to
perform the duties - ired without prior written authorization from the
Community Development Director. Any work performed by the ENGINEER up to
the point of termination shall become the property of the CITY.
7. Any modifications to this agreement resulting in increases of compensation
or extent of services must be made in writing.
AGREED TO BY THE PARTIES HERETO:
CITY OF TIGARD, OREGON
By (signature)
TITLE:
DATE
BY R. A. Wright (type name)
(signature)
DATE
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PROFESSIONAL SERVICES CONTRACT — Page 2
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SCHEDULE "A"
Other services on specific projects will also be required. Below are these
costs based upon the current standard billing rates:
Move Classification Rate
Kathleen Thompas, P.E. Engineer $48.00/hour
Robert Wright, P.E. Engineer $52.00/hour
John Waddill Technician $33.00/hour
Claudia i-larris Drafter $25.00/hour
Tom Walker Surveyor $31.50/hour
Ralph Elting Surveyor $26.00/hour
Judi Gram Administrator $25.00/hour
Direct Expenses fit Cost
If additional staff are retained during the period of service to the City of
Tigard, they will be billed at 2.60 times direct salary.
(1624P)
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PROFESSIONAL SERVICES CONTRACT - Page 3
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