Resolution No. 92-33 CITY OF TIGARD, OREGON
RESOLUTION NO. 92-33
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING PERSONAL SERVICE
CONTRACT W!TH BRUCE A. LIEBOWITZ, MUNICIPAL COURT PRO-TEM JUDGE.
WHEREAS,Section 10 of the Tigard City Charter provides for the office of Municipal Judge and
Chapter 2.16 of the Tigard Municipal Code provides for the office of Municipal Judge
pro-tempore;and
WHEREAS, Bruce Liebowitz has served as a Municipal Court pro-tem Judge since
October 23, 1969; and
WHEREAS,the City Council has found the pro-tem Judge's performance to be satisfactory since
that time;and
WHEREAS, the City Council now wishes to continue the understood reporting procedure
between the City, Municipal Judge, and the pro-tem Judge;
NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: A Personal Services Contract is entered into by mutual agreement of the parties
asset forth in the attached Exhibit"A". This Contract will take effect July 1, 1992
and upon taking effect shall repeal and replace all prior verba_l and written
agreements.
PASSED: This 23rd day of 1992.
a or-City�—ofTiga
ATTEST:
e—jjyLRecorder- City of Tigard
APPROVED AS TO FORM:
City Recorder
Date
RESOLUTION NO. 92-_
Page i
U
EXHIBIT "A"
CITY OF TIGARD, OREGON
CONTRACT FOR PERSONAL SERVICES
CONTRACT TITL.i=: MUNICIPAL COURT PRO-TEM JUDGE
This Contract, made and entered into this_day of June, 1992, by and between the City of
Tigard,a municipal corporation of the State of Oregon, hereinafter called "City"and Bruce A.
Liebowitz, hereinafter called "pro-tem Judge", duly authorized to perform such services in
Oregon.
veil NESSETH:
WHEREAS, City requires the services of pro-tempore Judges; and
WHEREAS,pro-tem Judge is able and prepared to provide such services as the City requires,
under those terms and conditions set forth; and
WHEREAS, City and pro-tem Judge desire a 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:
Pro-tem Judge shall perform the following personal services when the Municipal Judge
is unable to perform his duties by reason of absence from the City, illness, vacation,
disqualification as provided by ORS 221.347, or as specifically determined by the
Court/Records Manager:
A. Preside over civil infraction, criminal,traffic,and parking case arraignments,trials,
and hearings,following the procedure and process standards set by the Municipal
Judge; and
B. Additional projects as requested by the Court/Records Manager and agreed upon
by pro-tem Judge.
2. Compensation:
A. City agrees to pay pro-tem Judge for performance of those services outlined in this
contract at a rate of$40.00 per hour and said rate shall be paid monthly no later
than the 10th of the month following service.
B. Payment by the City shall release the City from any further obligation for payment
to pro-tem Judge for service or services performed or expenses incurred as of the
lq_ date of the statement of services. Payment shall not be considered acceptance
or approval of any work or%,iwivcr o,any defect therein.
C. The City certifies that sufficient funds are avaiiabie and authorized for expenditure
to finance costs of this contract.
D. All work performed by pro-tem Judge under this contract shall be the property of
the City.
3. Term Of Agreement:
Pursuant to Chapter 2.16 of the Tigard Municipal Code,the term of this agreement shall
be indefinite and at the ole?sure of the Mayor and City Council, but shall be renewed
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annually on a fiscal year basis, Compensation and special projects shall be reviewed
annually.
4. City's Representative:
While it is recognized that pro-tem 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/Records Manager,(13125 SW Hall Blvd., PO
Box 23397, 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 work of pro-tem Judge as above outlined,City shall furnish to pro-
tein Judge access to all existing information which is in the City's possession concerning
the Municipal Court caseload.
6. Pro-Tem Judge Is Independent Contractor:
A. Pro-tem 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.
B. Pro-tem 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, the City shall
provide liability insurance covering Judge while she is acting within the scope of
Judge duties for the City, as provided in Section 1 herein.
C. In the event that pro-tem Judge is found by a court of law or an administrative
agency to be an employee of the City for any purpose, City shall be entitled to
offset compensation due to demand repayment of any amounts paid to pro-tem
Judge under the terms of this Contract, to the full extent of any benefits or other
remuneration pro-tem 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 pro-
tem Judge or to a third party) as a result of said finding.
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7. Termination:
A. This Contract may be terminated 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 not affect any right,
obligation, or liability of pro-tem Judge or City which accrued prior to such
termination.
R. Indemnification:
Pro-tem 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 belonging to City,pro-tem Judge,or others,
resulting from, arising out of, or in any way connected with pro-tem 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:
If 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.
�_. 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 pro-tem 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
authorized undersigned officers, acting pursuant to resolution of the City Council, duly passed
at the regular meeting held on the day of June, 1992,and the pro-tem Judge has executed
this Contract on the date hereinabove first written.
CITY!NiiUARDBy � �-� --
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By�„ G ,2 l �/ZQCCu
Ofy 9bcorder
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Pro-tem Judge Br ce Liebowi
DECLARATION OF INDEPENDENT CONTRACTOR STATUS
DATA:
City of Tiaard Oregon
NAME OF PERSON LETTING CONTRACT
PO Box 23397 Tigard, Oregon 97223
Address
Bruce A. Liebowitz
NAME OF INDEPENDENT CONTRACTOR
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 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 June 1992.
_ � v
Indepen Contractor
Court/Records Manager