Resolution No. 89-83 CITY OF TIGARD, OREGON
RE:40LM'IOP7 NO. 89-53
A RESOII.PPICN OF IE TIGAAM CITY COUNCIL APPROV1NG PEILSONAL SERVICE CXWIRACT
wrni Hni,� A. f iebowitz , MOICIPAL CO YRT PVO—TEM JUDGE.
kWffE FAS, Section 10 of ;hr .Vigard City al---ter provicles for the office of
Municj.pal Jae -and Ck-apter 2.16 of the Tigart3 hhsni.ci .l Code provides far the
office of Municipal Judge pro-te npo;-e; and
wHEW-AS, there is a :r_-ped for pro--tem judges to serve from tine to time in the
absence of the regular judge or when the caseload exceeds normal limits; and
MUNEAS, the City Council now wishes to appoint __Druce A. Liebawitz as pro-
t— judge.
NW, TSiFRETURE, BE IT REEnLVED by the Tigard City Council that:
Section 1: A Personal Sex-Vices Contract is entered into by mutual agreement
of the parta.es as set forth in the attached Exhibit "All- This
Contract will take effect October 23 1989 and upon taking
efzect Nall repeal arra replace all prior verbal and written
agree:merstas.
PASSED: nas 23 rL day of C)C_-+C k2 =1989.
--Mayrir - City of Tigard
ATrE T:
Cffy Rls4=� - City of Tigard
APPFaY7M AS TO FUM:
City Recardorf
Dates:
sir�Y7IMGN NO. 89-jL-,;-5-
page
I
F.MJTBIT "AIC
CITY OF TIGARD, OREGON
CONTRACT FOR PEFdX)NAL SEI?VICEaS
CONTRACT TriZF: MUNICIPAL COURT PRO-'rEM JUME
This Contract, Trade and entered into this _,_4 day of October, 1989, by and
between the City of Tigard, a municipal ao pa-ation of the State of Oregon,
hereinafter called "City" and . Bruce A. Liebowitz , hereinafter called tpro-tem
Judge.t$, duly authorized to perform such services in Oregan.
WITNESSETH:
VdUMFAS, City requixes the services of pro•-tempore Judges; and
VaTERF s, pro-tm Judge is able and prepared to proviae such services as the
City recffuxes, ruder those terns and conditions set forth; and
W I E Ez S% City and. pro--ten Judge desire a written agreeneEnt, creating a
professional and businesslike relationexip, serving as a basis for effective
ocamrucat cars and to avoid m5saurrlerstaniling.
NOW, MUMEFORE, IN CONSIDERATION of those rowel promises and the terns and
conditions set forth hereafter, the parties agree as follows:
1. Service Descript`on:
Pro--tem Judge shall perform the following personal services only when the
Muni.ci-al Judge is unable to perform his duties by reason of absence frac.
the City, illness, vacation, disqualificati!3n as provided by ORS 221.347;
ov as specifically determined by the Administrative service--- :MSanager:
A. Preside over civil infraction, criminal, traffic, and parking case
arr2eig[m ants, trials, arra hearings following the procedure and process
starrdazds ret by the Munxci_pal Judge; and
B. Additional projects as directed by the City Coun-,il and agreed upon try
prix-tem Judge.
2. C.Xx gTisatiOn:
A. City agrees to pay pro-tem Judge for performance of those services
cnztlined in this contract at a rate of $38.00 per hoar and said rate
stall be paid mon'hly no later than the 10th of the month following
service.
B. Payment by the City shall release the City from any further obligation
for paymerat to pro-tea Judge for service or service performed or
expenses incurred as of the date of the statement of services. Payrvant
r2iall not be ecAasidered acceptance or approval of any work; or waiver of
any defect therein.
C. The City ceartific-- twat sufficient funds are available and authorized
for e..NTendit re to finance costs of this contract.
D. All irk performed by pro-tem Jtidg° under this contract shall be the
prcga tlty of the City.
3. Term Of Aareeirerit
pursuant to Chapter 2.16 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 relaea,e@ annually on a fiscal year basis.
coupensation and special prajects shall be reviewed annually.
4. City's Representatzve:
While it is recognized that pro-tern JWge Works at the pleasure of the
Mayor arced city council, for rur of the services outlined in section 1
of this Contract, the City's aut-..orizec? representative will be the
a.-m;ristrative services Manager, (13125 SW Hall Blvd., PO Box 23397,
Tigar..i, 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 Oblicraticn:
In order to facilitate the work of pro-tem Judge as above outlined, City
small furnish to pro-tem Judge access to all existing information which is
in the City's possession ''ning the Municipal Court caseload.
6. Pro-T"g Judge IF inderaendent Contractor:
A. Fro-tem Judge stall be an irglependerit contractor for all purposes avid
shall be entitled to no armpensL,�a,..tion other than the compensation
ensation
provided fc7 under section 2 of this Contract.
B. Pro-tem Judge ac3amawledges that for all des related to this
Contract, he is arm shall be deemed to be an ;rxiep nd-it 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 paymF_ruts and taxes required by law. Not
withstanding 3udge's status as ixrleperAent contractor, the City shall
provide liability insurance covering Judge while she is acting within
the scope of Judge ct.-ties for the City, as provided in section 1
kuerein.
C. In the event tl at pro-tem Judge i_s found by a court of law or an
ach in;str-tive agerxy to be an employee of the City for any purpose,
City shall be entitled to offset coupensation due to demand repayment
of any amounts paid to pro-tem Judge urxkv the germs of this Contract,
to the full extent of any benefits or other renumeration pro-teen Judge
recsives (from City or third party) as a result of said finding and to
the full extent of any payments haat City is required to make (to pro-
tem judge or to a third party) as a result of said finding.
7. TcTg� tnatioru:
A. -nue contract may be t4?rminated by either City or pro-tem 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, riot affect any
right, obligation, or liability of pro-tem Judge or City which accrued
prior to such termination.
8. Zxdemnification:
Pro-tem Judge agrees to ;ndennnify and to hold-harmless the City, its
Officers, Eiiplcyees, and Agents against and front any and all loss, claims,
actions, suits, including oasts 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, pro-tem Judge, or others,
resulting from, arising out of, or in any way comec_-ted with pro-teu
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,
EY[ployees, 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 stmt as a
Court may adjudge reasonable attorney's, fees and exact: costs including
attorney's fees and court costs on appeal to appellate courts.
lo. AMlicable Iaw•
This Contract will be governPci by the laws of the tate of Oregon and the
City of Tigard.
11. lete Agreement:
Zhis Contract constitutes the couplete agreement betwE n City and pro-tem
,3,r1ge and all nrirnr written or oral discussions or agreements.
1N W.LM 2MP, the City has caused this Contract to be executed by its
duly authcwized lmdersigned officers, acting pursuant to resolution of the City
C ;J7, duly passed at the regular meeting held on the 23rd day of October,
1989, and the p ter Jird has executed this Contamat on the date hereinabove
first written,
CITY OF TIOM /
r
By
%,l Prers'ixtt
Fay G
ty
JUDGF ��p
By
°tJJrJ DI
N:\k }\07URT\
DECLARATION OF 32WEPENDEM CONIRACTOR STATUS
DATA:
Ci of Tigard, Or gm
MM OF PEF� Il!, CONTRACT
PO Box 23397. Tigard. Oregon 97223
Address
Bruce A. Liebowitz
NAME OF IMIUPI &W OONTP- rM
Address
Time or Project(s) Covered by the Declaration:
TYae- Uncle rsigned hereby declare that all services performed wider the Contract
dated oc-toter 2__3989 shall be rendered by the independent contractor in
his status as an int contractor.
in consideration of the letting of this Contract, the independent contractor
agrees to indexmiify tele person letting the Contract for any damages, exixe**ses,
costs and disbuxsr=s n , and attorneyvs fees incurred by said person a:. a
result of the independent contractor's failure to acliere to the terms of this
declaration.
nie pard : to this decisratiar+ understand *_haat a person who files a
d�tion of status as an independent contractoris 1�t eligible to receive
w
' creEpaxbsatIon benefits in the event of injimr or chase, unless said
perk iras obtained coverage for su cli benefits pursuant to ORS 656.128.
IYa this date ofO�a
, 1983.
Independent?xrtiao=tor
Administrative Services Man3gew
cp/NKRPTCCR
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