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Res 1307 - Cont Agmt R Shields COUNCIL BILL NO. 1645 RESOLUTION NO. 1307 A RESOLUTION AUTHORIZING A CONTRACTUAL SERVICES AGREEMENT WITH N. ROBERT SHIELDS AS CITY ATTORNEY AND REPEALING RESOLUTION 1244. WHEREAS, Chapter III, Section 10 of the City Charter provides for the Council appointment of a City Attorney as an officer of the City, and WHEREAS, the interest of the City is best served by contractual appointment of City Attorney services for an extended term; and WHEREAS, N. Robert Shields has held the position Woodburn City Attorney as a regular employee and currently serves by contractual appointment per Resolution 1244; and WHEREAS, N. Robert Shields is imminently qualified and familiar with the city's operations and pending litigation to provide this continuation of City Attorney services in the most effective manner; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor and City Administrator are authorized to execute a professional services agreement for City Attorney, a copy of which is attached hereto for reference. Section 2. That N. Robert Shields be reaffirmed in his appointment as City Attorney with all powers and duties prescribed in Section 24 of the City Charter and any other requirements prescribed by laws of the State of Oregon. Section 3. That Resolution 1 244 be repealed. Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: /l;~ ~ Mary Tenn nt, City Recorder City of Woodburn, Oregon June 27, 1995 June 27, 1995 June 27, 1995 Page 1 - COUNCIL BILL NO. 1645 RESOLUTION NO. 1307 --~-----'--'---'~ T~ AGREEMENT I. PARTIES This agreement made and entered into between the CITY OF WOODBURN, a municipal corporation of the State of Oregon, hereinafter "CITY" and N. ROBERT SHIELDS, an attorney licensed to practice law in the State of Oregon, hereinafter "CONTRACTOR" . II. TERM The Agreement shall commence on July 1, 1995 and shall continue in full force and effect until June 30, 1996. This Agreement may then be renewed by mutual agreement of the parties for one-year periods. III. PROFESSIONAL SERVICES TO BE PERFORMED CONTRACTOR shall act as City Attorney and shall assume all powers and duties of this position under CITY'S Charter. IV. COMPENSATION CONTRACTOR shall receive compensation for providing legal services at a rate of fifty dollars ($50.00) per billable hour. The amount of legal services provided shall not exceed twenty-six (26) billable hours per week without additional authorization by CITY. This does not include any legal services provided as CITY'S "forfeiture counsel" pursuant to 1989 Oregon Laws, Chapter 791. CONTRACTOR shall within ten (10) days following the close of the month for which payment is sought, submit to CITY a written statement accounting for legal services rendered and detailing the number of hours worked in one-quarter hour increments. V. OVERHEAD CITY will provide all necessary secretarial support and related overhead expenses to enable CONTRACTOR to render legal services to CITY. While on CITY'S premises, CITY shall provide a telephone and office space to CONTRACTOR. VI. COSTS AND DISBURSEMENTS CITY and CONTRACTOR agree that the compensation under this agreement is for legal services provided. Any filing fees, costs, or expenses of litigation shall be paid by CITY. VII. TERMINATION Either party may terminate this agreement upon 90 days written notice to the other party. CITY also retains the right to discharge CONTRACTOR if sufficient funds are not available to pay CONTRACTOR and this non-appropriation of funds did not result from any act or failure to act on the part CITY. Page 1 - Agreement ..,.~ ' '~"-'- -',- ""'~''''_-,,~;.-'.~--~.~_..,.-..., ,.',,^ -". - ""~'-'---'~--"'~~"~--"'-""""--_."".- .. VIII. INDEPENDENT CONTRACTOR The parties intend that independent contractor-employer relationship be created by this contract. CITY is interested only in the results to be achieved and the control of the work lies solely with CONTRACTOR. CONTRACTOR is not entitled to any benefits which CITY provides to its employees. IX. ASSIGNMENT The rights and duties of the parties hereunder are personal and shall not be assignable by either party without the express written consent of the other 'party. X. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties concerning the services provided herein. This agreement may be modified only by a written instrument duly executed by each of the parties. XI. ESCAPE NOTICES Any notice, request, demand or other communication hereunder shall be in writing and shall be deemed to have been properly given when delivered personally or sent by mail with all postage to the parties hereto at the respective address below: Chris Childs City Administrator 270 Montgomery Street Woodburn, Oregon 97071 N. Robert Shields Attorney at Law 10250 S.W. Greenburg Rd., Suite 102 Portland, Oregon 97223 IN WJJNESS WHEREOF, the parties have executed this agreement in duplicate, on the -:;i>Cl1day of ~"t. , 1995. CONTRACTOR: CITY OF WOODBURN 0{\.~ {JO N. Robert Shields uu~ Chris Childs City Administrator Page 2 - Agreement ~ -,.- .....