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Resolution No. 93-24 an ARRE&M SON MI —_gee CITY OF TIGARD, OREGON RESOLUTION NO. 93-.!P� A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING PERSONAL SERVICE CONTRACT WITH BRUCE LIEBOWITZ,MUNICIPAL COURT PRO-:-1EMi JUDGE. WHEREAS,Section 10 of the Tigard City Charter provides forthe 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 Liebovvitz has served as a Municipal Court pro-tem Judge since October 23, 1989; and WHEREAS,the Tigard 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: The Personal Services Contract is entered into by mutual `- agreement of the paries as set forth in the attached Exhibit 'A'. This Contract will take effect July 1,1993 and upon taking effect shall repeal and replace all prior verbal and written agreements. nd PASSED: This 22 day of •_r n , 199 r Mayor-City of Tigard ATT T: G�/ tet1,0 Recorder-City of Tigard AP ROVED AS TO/' FORM: City Recorder Lp/aa1�3 Date RESOLUTION NO.93-- 2 F Ii AM EXHIBIT 'A' CITY OF TIGARD,OREGON CONTRACT FOR PERSONAL SERVICES CONTRACT TITLE: MUNICIPAL COURT PRO-TEM JUDGE This Contract,made and entered into this DD day of!lune 1993,by and between the City of Tigard, a municipal corporation of the State of Oregon,hereinafter called 'City' and Bruce Liebowitz, hereinafter called 'pro-tem Judge', duly authorized to perform such services in Oregon. W I T N ESSETH: WHEREAS,City requires the services of pro-tem 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, c: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 theterms and f-_ conditions set forth hereafter,the parties agree as follows: 1, Service Description: 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 Court 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. Pro-tem Judge will serve a minimum of 18 days during the fiscal year, C. Additional projects as agreed to by pro-tem Judge and Court Manager. Exhibit'A',Page 1 of 4 WV i Nlm 2. Compensation: r 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 15th 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 date of the statement of services. Payment shall not be considered acceptance or approval of any work or=waiver of any defect therein. C. The City certifies that sufficient funds are available and authorized for expenditure ire 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 pleasure of the Mayor and City Council,but shall be renewed 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 Manager, (13125 SW Hail Blvd.,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 outlined above,City shall furnish to pro-tem Judge access to all existing information which is in the City's possession concerning the Municipal Court caseload. Exhibit W,Page 2 of 4 W MW 6. Pro Tem Judge Is Independent Contractor: 4 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 he 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. 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. 8. 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. Exhibtt'A',Page 3 of 4 JIM 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 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 CO -1irc iict will be goverttEd by the laws of the State of Oregon and the City of Tigard. IL 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 duiv authorized undersigned officers,acting pursuant to resolution of the City Council, duly passed at the regular meeting held on theQQ ndday of J"i' , 19;88 and the pro-tem Judge has executed this Contract on the date hereinabove first written. 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BEARt%G BASIS Bf4vtEEN MONUMENTS FOUND AT `, -. r I POINTS ®AND 't;�AS PER I SURVEY !J0. 42391+87.73 22.91' LEFT _ S � ag 1� ry n F FOUND Sf8 INCH IRON ROO 2 { q ~ I [ NOT A PLAT MONUMENT ) En g 3 33 ! O N 1+05.81 29.89' LEFT FOUND b/8 INCH IRON ROD $ o WITH PLASTIC CAP INSCRIBED S Oo LS 709 [19,147 ] z c z z�. I I --- --`®fE FEE ' 810020 987 O� 1+05.93 25.01 LEFT FOUND 5/8INCH IRON 4�0 ROD [PLAT] BENT. Op5 FOUND 5/8 INCH IRON ROD .�P O WITH PLASTIC CAP INSCRIBED Oo o yF��Oo o LS 918] r Ox SS 1 95.011, ___ 25.00' 25.00' WASHINGTON COUNTY S r '. ///''''''SE CORNER OF LOT 23 SURVEYOR'S OFFICE N / "ASHBROOK FARM"- RECEIVED S W. NORTH DAKOTA STREET S_89"10' 00 W. _ _ FOUND 5/8 INCH IRON ROD 1 [:ACCEPTED FOR FILING HELD CS 4239 FOUND 5/8 INCH IRON ROD WITH 25'"THE PUBLIC. FOR ' PLASTIC CAP, UNREADABLE PLASTIC CAP INSCRIBED LS 818 ROAD PURPOSES" [19147], BADLY BENT. 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