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Res 1036 - Prof Serv City Atty COUNCIL BILL NO. 1273 RESOLUTION NO. 1036 A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH N. ROBERT SHIELDS AS CllY ATTORNEY. 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, N. Robert Shields currently holds this position as a regular employee until the effective date of 2/7/91 at which time his resignation becomes effective to allow his pursuit of a private law practice; and WHEREAS, the City is in need of the professional legal services associated with the City Attorney's office during the interim period prior to any subsequent full-time appointment to the position and WHEREAS, N. Robert Shields is imminently qualified and familiar with the City's operations and pending litigation in order to provide a continuity of service in the most effective and efficient manner; NOW, THEREFORE, THE CllY 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 the powers and duties prescribed in Section 24 of the City Charter and any other requirements prescribed by laws of the State of Oregon effective 2/7/91. APPROVED,~t{/ ~ RED W. KYSER, YOR Passed by the Council January 28, 1991 Submitted to the Mayor January 29, 1991 Approved by the Mayor January 29, 1991 Filed in the Office of the Recorder ~~ ATTEST: , /.. " Mary ~nt, Deputy Recorder City of Woodburn, Oregon January 29, 1991 Page 1 - COUNCIL BILL NO. 1273 RESOLUTION NO. 1036 ..-..-,_.-...,.,_._~,."._-"..__....~_...------~_."-~,_._-> AGREEMENT I. PARTIES This agreement made and entered into between the CllY OF WOODBURN, a municipal corporation of the State of Oregon, hereinafter "CIlY", and N. ROBERT SHIELDS, an attorney licensed to practice law in the State of Oregon, hereinafter "CONTRACTOR." II. TERM The term of service under this agreement shall commence on February 11, 1991, and shall continue until either party gives notice to terminate the agreement. Either party may terminate the agreement for any reason by giving the other party seven (7) days prior written notice. III. COMPENSATION Contractor shall receive compensation for legal services rendered at a rate of fifty-five ($55.00) per billable hour. No minimum number of hours per week is guaranteed by City. 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 provided and detailing the number of hours worked one-quarter hour increments. IV. OVERHEAD City will provide all necessary secretarial support, telephone, office space, and related overhead expenses to enable Contractor to render legal services to City. V. INDEPENDENT CONTRACTOR The parties intend that an independent contractor-employer relationship be created by this contract. City is interested in only the results to be achieved and the conduct and control of the work lies solely with Contractor. Contractor is not entitled to any benefits City provides to its employees. VI. 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. VII. ENTIRE AGREEMENT This agreement supersedes all prior agreements between the parties concerning the services provided herein and this agreement constitutes the entire agreement between Page 1 - AGREEMENT the parties with respect thereto. This agreement may be modified by a written instrument duly executed by each of the parties. VIII. 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 fully prepaid to the parties hereto at the respective addresses for the below: Michael Quinn City Administrator 270 Montgomery Street Woodburn, Oregon 97071 N. Robert Shields Attorney at Law 8101 S.W. Nyberg Road, No. 212 Tualatin, Oregon IN WITNESS WHEREOF, the parties have executed this agreement in duplicate, on the 29th day of Janua ry , 1991. ~~~~R~~~ N. Robert Shields CllY OF WOODBURN: ~'02:. Michael Quinn ./ City Administrator lwcd~~ Fred W. Kyser, 1IYY0r Page 2 - AGREEMENT -., --- - >.._,-. .~,.~.__.. ._'_.".._"------~.-.'_..~-'...--_-~_.,.,--~.