Res 1183 - Agmt Shields Atty
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COUNCIL BILL NO. 1475
RESOLUTION NO. 1183
A RESOLUTION AUTHORIZING A CONTRACTUAL SERVICES AGREEMENT WITH
N. ROBERT SHIELDS AS CITY ATTORNEY AND REPEALING RESOLUTION 1125.
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 1125;
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 That Resolution 1125 be repealed.
APPROVED: ~ ~~
LE KELLEY, MAY R
Passed by Council
June 14, 1993
Submitted to the Mayor
June 17, 1993
Approved by the Mayor
June 17, 1993
Filed in the Office of the Recorder
June 17, 1993
ATTEST: j}?~-r=~
Mary Ten nt, City Recorder
City of Woodburn, Oregon
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COUNCIL BILL NO. 1475
RESOLUTION NO. 1183
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AGREEMENT
I. PARTIES
This agreement made and entered into between the CllY 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, 1993 and shall continue in full force and
effect until June 30, 1994. 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 CllY'S Charter.
IV. COMPENSATION
CONTRACTOR shall receive compensation for providing legal services at a rate
of forty-five dollars ($45.00) per billable hour. The amount of legal services provided shall
not exceed twenty-six (26) billable hours per week without additional authorization by
CllY. This does not include any legal services provided as CllY'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 CllY a written
statement accounting for legal services rendered and detailing the number of hours
worked in one-quarter hour increments.
V. OVERHEAD
CllY will provide all necessary secretarial support and related overhead expenses
to enable CONTRACTOR to render legal services to CllY. While on CllY'S premises,
CllY shall provide a telephone and office space to CONTRACTOR.
VI. COSTS AND DISBURSEMENTS
CllY 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
CllY.
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 CllY.
Page 1 - Agreement
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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
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate,
on the M day of ~W'l\(" . 1993.
CONTRACTOR
CITY OF WOODBURN
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N. Robert Shields
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Chris Childs
City Administrator
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L Kelley, Mayor
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