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Resolution No. 90-30 CITY OF TIGARD, OREGON RESOTIMON NO. 90--a-0 -0 A FZSUL I TI0N OF THE TIW-RD CITY COUNCIL APPROVING PERSONAL SERVICE CONTRACT WITH BRUCE A. LIEBOWITZ, WUNICIPAL OOURT JUDGE PRO-IEM. 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-ter-pore; and wEREAS, there is a need for pro-tem judges to serve from time to time in the abeoen a of the regular judge or when the caseload exceeds normal limits; and WFUIPFA+S, Bruce A. Liebowitz has served as the Municipal Cma-t Judge pro-tem sine October 23, 1989; and WiERFAS, the Tigard City Council has found the pro-tem Municipal Judge's perfornanre to be satisfactory during that time. NOW, ^'HEREFORE, BE IT RESOLVES) by the Tigard City Council that: Section 1: The Pex-sonal Services Contract is entered into Fsy mutual agreement _._ of the parties as set forth in the attached Exhibit "A". This Contract will take effect July 1, 1990 and upon taking effect shall repeal exd replace all prior verbal and wri.tta; agreements. L1 PASSED: This day of '/ L22—Q-- 199fl. l Mayor - C]kty of figard ATTEST: City Recorder - City 6f Tigard 1e/r-- RESOLUTION NO. 90-50 Page a E'}ff !E "A" CITY OF TIGARD, OREGON CONPRACP FOR PECtSONAL SERVICES CONTRACT TIZZE: MUNICIPAL gpl!RP PRDJP JUDGE CE1 of Ji_, 1990, and This Contract, made and entered into this )Zday by 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 servi._*s in Oregon. WITNESSETH: MnU2FAS, City requires the se_rvioes of pro-tepor- Judges; and VaIMEAS, pro-tem Judge is able and prepared to provide such services as the City requires, under those terms and conditions set forth; and WHMEAr, City and pro-tem Judge desire a written agreement creating a professional and businesslike relationship, serving as a basis for effective ocmmnications and to avoid misunierstandiM. NOW, T}dMKFORE, IN CONSIDERATION of those mutual promises and the terns and conditions set forth hereafter, the parties agree as follows: 1. Service Descripstion: pro-tem Judge shall perform the following personal services only 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 A.,�-:u.nistrative Services Manager: A. Preside over civi_1 infraction, crininal, traffic, and parking case arraignments, trials, and hearings following the procedure and process standards set by the Municipal Judge; and B. Additional projects as directed b, the City Council and agreed upon by pro--tem Judge. 2. Cc npei�tion• A. City agrees to pay pro-tem Judge for perfonTonce of those services outlined in this contras at a rate of S38.00 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-tern Judge for service or services perform Od or e-qDenses incurred as of the date of the statement of services. Payment shall not be considered acceptance or approval of any work or waiver of any defect therein. (l C. The City certifies that sufficient funds are available and autY.orized for expenditure to finance costs of thi, contract. D. All work performed by pro-tem Judge under this contract shall be the property of the City. 3. Term Of Agree�t: ( pursuant to Chapter 2.16 of the Tigard Municipal Cod--, the term of this agreement shall be .indefinite and at the pleasure of the Mayor and City Council, but shall be renewed annually on a fiscal year basis. c= enation 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 AdministrativE: Services 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-tem Judge access to all existing information which is in the City's possession eoncerniig the Municipal Court caseload. 6. Paso=2g n Jtyiae Is Independent Contractor: A. Pro-tem Judge shall be an independent contractor for all purposes and shall be entitled to no motion other than the motion provided for under Section 2 of this Contract. B. Pro--tem Judge aclaxxuledges that for all purposes relate 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 cover-ng Juuge while he is acting within the scone of Jufsge 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 raid to pro--tem Judge under the terns of this Contract, to the full extent of any benefits or other renumeration pro--ten Judge receives (tram City or third party) as a result of said finding and to the full ettent of any payments that City is required to make (to pro- tem Judge or to a third party) as a result of said firydi--Ki. 7. Terntination- A. This Contract may be terlinated by either City or pro-tem Judge for a-ry reason whatsoever upon the giving of 30 days written notice to either party. B. Tp-miration under any provision of this Section shall not affect any rigtt, obligation, or liability of pro-tem Judge or City which accrued prior to such termination. S. Indez:ni f ication: Pro-teen Judge agrees to indenunfy and to hold-harmless the City, its Officers, Fliployees, arra Agents against and from any and all loss, claims, actions, suits, including cost, and attorney's fees, for or on account of injury, bodily, or otherwise, to, or death of persons, darage 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, Employ—, and/or Agents. 9. AttornevIs Fees In rase suit or action is instituted to enforce the provisions of this Contract, the parties agree that the losing party shall pay such stun as a Court may adjudge reasonable attorney's fees and court costs includirxl 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 Aareev--nt• ` This Contract constitutes the complete agreement between City and pro-tem Judge and supercedes all prior written or oral discussions or agreements. IN WIZNESS WHERBDF, the City has caused this Contract to be executed by its duly authorized undersigned officers, acting pursuant to res9lution of the City Council, duly passed at the regular uot��ecinq held on the //-C-' day of June , 1990, and the pro-tem Judge has executed this Contract mi the date hereinabove first writt—en. Cr7OF,TIGAPD / i -Ma By,. --\ ity Recorder $� krM oe, A. I&ebowitz le/«cord/ct/nkptcon.180 l DECLARATION OF INDEPENDENT CONTRACTOR STATUS DATA: City of Ticiard, Oregon NAME OF PERSON LFI'TING CONTRACT PO Box 23397, Tigard, Oregon 97223 Address Bruce A. Liebowitz NAME OF INDEPENDENT CONTRkCT0R 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, oast- and disbursements, and attorney's fees incurred by said person as a result of the independent contractor's failure to adhere to the term`, 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' cassation benefits in the event of injury or disease, unless said person obtained Coverage for such benefits pursuant to ORS 656.128. Dated this date Of 1990. I *xl c'tor v Persons Letting Contract ie/ward/ct/nirptcon_180 1.