Res 1244 - Cont R. Shields Atty
';OUNCIL BILL NO. 1554
RESOLUTION NO. 1244
A RESOLUTION AUTHORIZING A CONTRACTUAL SERVICES AGREEMENT WITH N.
ROBERT SHIELDS AS CITY ATTORNEY AND REPEALING RESOLUTION 1183.
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
1183; 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 That Resolution 1183 be repealed. ~ /~
APPROVED: .byJ n~
LEN KELLEY , MAY R
June 13, 1994
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: ;1l~ ~...d-
Mary Te ant, City Recorder
City of Woodburn, Oregon
June 14, 1994
June 14, 1994
June 14. 1994
Page 1 -
COUNCIL BILL NO. 1554
RESOLUTION NO. 1244
....,.............-
.... --....---..
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, 1994 and shall continue in full force
and effect until June 30, 1995. 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 forty-five dollars ($45.001 per billable hour. The amount of legal services provided
shall not exceed twenty-six (261 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
CITY retains the right to discharge CONTRACTOR if in the opinion of the City
Council the manner of his performance falls below what would reasonably be
expected of a licensed attorney. 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
8101 S.W. Nyberg Rd., No. 212
Tualatin, Oregon 97062
IJWITNESS WHEREOF, the parties have executed this agreement in duplicate,
on the !7P\ day of June, 1994.
CONTRACTOR
CITY OF WOODBURN
rn~~
N. Robert Shields
~-
Chris Childs
City Administrator
~K~
Len Kelley, Mayor
Page 2 - Agreement
"^ .^......__._+.,.~,~--____.____"r-
----_.,~.".__...~~-_..._'''_._._-"~.,----~-.......-.,.,. ._,
~