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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 r� 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. ._-Go ME IN AF-6 AMS MOM W-mm- 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 � �-� -- - t�Arg oto By�„ G ,2 l �/ZQCCu Ofy 9bcorder gy 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