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HomeMy WebLinkAbout2015-093 Contract - Douglas McGeary PERSONAL SERVICES CONTRACT (a) any breach of a Contractor warranty; or (b) any default or defect in This contract is between City of Ashland, a political subdivision of the Contractor's performance that has not been cured. State of Oregon, hereinafter called "City", and Contractor hereinafter 5. Contract Documents: This contract between the parties consists of called "Contractor". The parties agree as follows: this Personal Services Contract, Scope of Work (Exhibit A), General Conditions (Exhibit B) Compliance with Applicable Laws (Exhibit C) 1. Contractor's information: and the following attached documents, if checked, which contain all the terms and conditions of the contract and are incorporated by this NAME (tax filing): Douglas M. McGeary, Attorney at Law reference: ❑ Exhibit D Supplementary Conditions ADDRESS: 2 N. Oakdale Ave, Medford, OR 97501 ❑ Exhibit E Required Federal Terms and Conditions doug@douglasmmcgeary.com CITIZENSHIP, if applicable: 6. Amendments: The terms of this contract shall not be waived, Non-resident alien ❑Yes X No altered, modified, supplemented or amended, in any manner whatsoever, BUSINESS DESIGNATION (check one): except by written instrument signed by the parties. ❑ Corporation ❑ General Partnership IN WI HEREOF, THE PARTIES OR THEIR DULY ❑Limited Partnership ❑Governmental/Non-Profit AUT RIZED EP ESEM S AVE SIGNED T IS E El Limited Liability Company El Limited Liability Partnership Co WT T: Sole Proprietorship / X ~__Ln 5 Federal Tax ID#: Contractor s M. cGeary (Date Title: Attorney at Law SSN#: N/A (Contractor must provide Contractor's Social Security Number unless it provides a federal TID number). Oregon Business License#: N/A City of Ashland, City Administrator (Date) 2. Description of Contractor's Services, Delivery Schedule and CERTIFICATIONS/REPRESENTATIONS: Contractor, under Compenstation: ® Exhibit A Scope of Work penalty of perjury, certifies that (a) the number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it and 3. Compensation by City: Payment for all work performed under this (b) Contractor is not subject to backup withholding because (i) it is exempt contract shall be made as set forth below from available and authorized from backup withholding or (ii) it has not been notified by the Internal City funds, and shall not exceed the maximum sum of Payment for all Revenue Service (IRS) that it is subject to backup withholding as a result work performed under this contract shall not exceed the maximum sum of., of a failure to report all interest or dividends, or (iii) the IRS has notified it See Exhibit A. Travel and other expenses of the Contractor shall not be that it is no longer subject to backup withholding. Contractor further reimbursed by City unless specifically provided herein as a supplementary represents and warrants to City that (a) it has the power and authority to condition. enter into and perform the work, (b) the Contract, when executed and a. Interim payments shall be made to Contractor following City's delivered, shall be a valid and binding obligation of Contractor review and approval of billings submitted by Contractor. Contractor will enforceable in accordance with its terms, (c) the work under the Contract also submit copies of other billings for work performed under the contract shall be performed in accordance with the highest professional standards, when such bills are to be paid by other parties. These other billings are and (d) Contractor is qualified, professionally competent and duly licensed not subject to the maximum compensation amount of this contract. to perform the work. Contractor also certifies under penalty of perjury b. Contractor shall not submit billings for, and City will not pay, any that its business is not in violation of any Oregon tar laws, and it is a amount in excess of the maximum compensation amount of this contract, corporation authorized to act on behalf of the entity designated above and including any travel and other expense when noted below. If the authorized to do business in Oregon or is an independent contractor as maximum compensation amount is increased by amendment of this defined in the contract documents, and has checked four or more of the contract, the amendment must be fully effective before Contractor following criteria: performs work subject to the amendment. Contractor shall notify City's X (1) I carry out the labor or services at a location separate from my supervising representative in writing 30 calendar days before this contract residence or is in a specific portion of my residence, set aside as the expires of the upcoming expiration of the contract. No payment will be location of the business. made for any services performed before the beginning date or after the X (2) Commercial advertising or business cards or a trade expiration date of this contract. This contract will not be amended after association the expiration date. membership are purchased for the business. C. Contractor shall submit bi-weekly billings for work performed. The X (3) Telephone listing is used for the business separate from the billings shall describe all work performed with particularity, by whom and personal residence listing. on the date it was performed, the number of hours spent performing such X (4) Labor or services are performed only pursuant to written work, and shall itemize and explain all expenses for which reimbursement contracts. is claimed. Billings shall be sent to the supervising representative. X (5) Labor or services are performed for two or more different persons within a period of one year. 4. Effective Date and Duration: This Contract shall become effective X (6) I assume financial responsibility for defective workmanship or on duration from June 30, 2014 or the date this Contract is fully executed for service not provided as evidenced by the ownership of performance and approved as required by applicable law. Unless earlier terminated warranties, errors and omission insurance or liability insurance extended, this contract shall expire on No Specified Date, or wen relatin o t e labor or servi es fo provided. Contractor's completed performance has been accepted by Cit , whichever event occurs first. However, such expiration shall not (Date) extinguish or prejudice City's right to enforce this contract with respect to: o tr or ug as M. McG ary J Exhibit A SCOPE OF WORK Description of Contractor's Services, Delivery Schedule and Consideration: Provide legal advice and/or services in areas of D. Attendance at any City Council meetings, and municipal law to assigned city departments, and other meetings as necessary. mayor and city council. $95.00/hour, no retainer. Rate: E. Monitor pending and current State and A. Review, charge and prosecute municipal Federal legislation and case law as appropriate. criminal and code violations. No charge. $95.00/hour, no retainer. Travel is charged at $30/hour for any travel exceeding B. Routine legal advice, consultation and one half hour and is charged in lieu of standard legal opinions of the City Council and staff,• services rate. $95.00/hour, no retainer. After six month from effective date of contract, Contractor reserves opportunity to adjust its rates. C. Assistance in the preparation and review of Hours: ordinances, resolutions, agreements, contracts and related documents: Contractor's hours shall not exceed twenty (20) hours a $95.00/hour, no retainer. week unless first notifying city or interim city attorney and additional time is approved. Total Contract not to exceed $120,000.00 Exhibit B GENERAL CONDITIONS appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or 1. Independent Contractor; Responsibility for Taxes and iii. If any license or certificate required by law or regulation to be held by Withholding; Retirement System Status: Contractor to provide the services required by this contract is for any a. Contractor shall perform the work required by this contract as an reason denied, revoked, suspended, or not renewed. independent contractor. Although the City reserves the right (i) to d. For Default or Breach. determine (and modify) the delivery schedule for the work to be i. Either City or Contractor may terminate this contract in the event of a performed and (ii) to evaluate the quality of the completed performance, breach of the contract by the other. Prior to such termination the party the City cannot and will not control the means or manner of the seeking termination shall give to the other party written notice of the Contractor's performance. The Contractor is responsible for determining breach and intent to terminate. If the party committing the breach has not the appropriate means and manner of performing the work. entirely cured the breach within 15 days of the date of the notice, or within b. The Contractor represents and warrants that Contractor (i) is not an such other period as the party giving the notice may authorize or require, employee of City of Ashland, Oregon, (ii) is not currently employed by then the contract may be terminated at any time thereafter by a written the Federal Government, and (iii) meets the specific independent notice of termination by the party giving notice. contractor standards of ORS 670.600, as certified on the foregoing ii. Time is of the essence for Contractor's performance of each and Certification Statement for Corporation or Independent Contractor. every obligation and duty under this contract. City, by written notice to Contractor is not an "officer", "employee", or "agent" of the City, as those Contractor of default or breach, may at any time terminate the whole or terms are used in ORS 30.265. any part of this contract if Contractor fails to provide services called for by c. Contractor shall be responsible for all federal or state taxes this contract within the time specified herein or in any extension thereof. applicable to any compensation or payments paid to Contractor under this iii. The rights and remedies of City provided in this subsection d are not contract and, unless Contractor is subject to backup withholding, City will exclusive and are in addition to any other rights and remedies provided by not withhold from such compensation or payments any amounts(s) to law or under this contract. cover Contractor's federal or state tax obligations. Contractor is not e. Obligation/Liability of Parties. Termination or modification of this eligible for any federal Social Security, unemployment insurance, or contract pursuant to subsections a, b or c above shall be without prejudice workers' compensation benefits from compensation or payments paid to to any obligations or liabilities of either party already accrued prior to such Contractor under this contract, except as a self-employed individual. termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to 2. Subcontracts and Assignment: Contractor shall not enter into any subsections a, b, c or d of this section 6 Contractor shall immediately cease subcontracts for any of the Work required by this Contract or assign or all activities under this contract, unless expressly directed otherwise by transfer any of its interest in this Contract without City's prior written City in the notice of termination. Further, upon termination, Contractor consent. Any proposed use of a subcontractor which is located outside the shall deliver to City all contract documents, information, works-in- United States or use of subcontract labor or facilities located outside the progress and other property that are or would be deliverables had the United States must be called to the specific attention of City. City's contract been completed. City shall pay Contractor for work performed consent to any subcontract shall not relieve Contractor of any of its duties prior to the termination date if such work was performed in accordance or obligations under this Contract. with the Contract. 3. Successors and Assigns: Neither party shall subcontract, assign or 7. Records Maintenance; Access; Ownership of Work Product; transfer its interest in this Contract without the express written consent of License: the other party, and such consent shall not be unreasonably withheld. In a. Records Maintenance; Access. Contractor shall maintain records addition to any other provisions. Contractor shall include in any permitted pertinent to this contract in such a manner as to clearly document subcontract under this Contract a requirement that the subcontractor be Contractor's performance hereunder. Contractor acknowledges and agrees bound to the same provisions herein as if the subcontractor were the that City and its duly authorized representatives shall have access to such Contractor. The provisions of this Contract shall be binding upon and shall fiscal records and to all other books, documents, electronic files, papers, inure to the benefit of the parties hereto, and their respective successors plans and writings of Contractor that are pertinent to this contract for the and assigns. Consent of City given to a subcontractor does not relieve the purpose of performing examinations and audits. and making excerpts and Contractor of any obligations and responsibilities under this Contract, transcripts. Contractor further acknowledges records generated as a result including Contractor's responsibility for any goods and services to be of this Contract may be subject to disclosure pursuant to the Oregon Public provided by any subcontractor. Records Act. b. Ownership of Work Product: License. All work products of the 4. No Third Party Beneficiaries: City and Contractor are the only Contractor that result from this contract ("the work products") are the parties to this contract and are the only parties entitled to enforce its terms. exclusive property of the City. In addition, if any of the work products Nothing in this contract gives, is intended to give, or shall be construed to contain intellectual property of the Contractor that is or could be protected give or provide, any benefit or right, whether directly, indirectly or by federal copyright, patent, or trademark laws, or state trade secret laws, otherwise, to third persons unless such third persons are individually Contractor hereby grants City a perpetual, royalty-free, fully paid-up, identified by name herein and expressly described as intended nonexclusive and irrevocable license to copy, reproduce, deliver, publish, beneficiaries of the terms of this contract. perform, dispose of, use and re-use, in whole or in part, and to authorize others to do so, all such work products, including but not limited to any 5. Funds Available and Authorized: City has sufficient funds information, designs, plans or works provided or delivered to the City or currently available and authorized for expenditure to finance the costs of produced by the Contractor under this contract. this contract within the City's fiscal year budget. 8. Compliance with Applicable Law: Contractor shall comply with all 6. Termination: federal, state and local laws and ordinances applicable to the work under a. Mutual Consent. This contract may be terminated at any time by this contract, including, without limitation, the provisions of ORS mutual consent of both parties. 27913.220, 27913.230, and 27913.235, and as well as other statutes as set b. Parties' Convenience. This contract may be terminated at any time forth in the attached Compliance With Applicable Law, which is by this by either Party upon 30 days' notice in writing and delivered by certified reference made a part hereof. Without limiting the generality of the mail or in person. foregoing, Contractor expressly agrees to comply with: (i) Title VI of the c. For Cause. City may terminate or modify this contract, in whole or Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; in part, effective upon delivery of written notice to Contractor, or at such (iii) the Americans with Disabilities Act of 1990 (Pub L No. 101-336), later date as may be established by City, under any of the following ORS 659A.142, and all regulations and administrative rules established conditions: pursuant to those laws; and (iv) all other applicable requirements of i. If City funding from federal, state, or other sources is not obtained federal, state and local civil rights and rehabilitation statues, rules and and continued at levels sufficient to allow for the purchase of the indicated regulations. quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or 9. Foreign Contractor: If the Contractor is not domiciled in or interpreted in such a way that the services are no longer allowable or registered to do business in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State constitute but one and the same instrument. Corporation Division all information required by those agencies relative 18. Prior Approval Required: Approval by the City of Ashland City to this Contract. The Contractor shall demonstrate its legal capacity to Council or the City Manager is required before any work may begin under perform these services in the State of Oregon prior to entering into this this contract. contract. 19. Notice: Notices required by this contract must be given in writing by 10. Governing Law; Jurisdiction; Venue: This contract shall be personal delivery or mail, at the addresses given by the parties on the first governed and construed in accordance with the laws of the State of page of this contract, unless some other means or method of notice is Oregon without resort to any jurisdiction's conflict of laws, rules or required by law. Each party will notify the other of any change of address. doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other City or department of the State of 20. Confidentiality: Contractor acknowledges and agrees it is Oregon) and the Contractor that arises from or relates to this contract shall responsible for ensuring compliance with all applicable confidentiality be brought and conducted solely and exclusively within the Circuit Court laws, including but not limited to the Health Insurance Portability of Jackson County for the State of Oregon. If, however, the claim must be Accountability Act (HIPAA) and Family Educational Rights and Privacy brought in a federal forum, then it shall be brought and conducted solely Act (FERPA). and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature 21. Merger Clause: THIS CONTRACT AND ATTACHED EXHIBITS herein of its authorized representative, hereby consents to the in personam CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. jurisdiction of said courts. In no event shall this section be construed as a NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS waiver by City of any form of defense or immunity, based on the Eleventh OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN Amendment to the United States Constitution, or otherwise, from any WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, claim or from the jurisdiction. CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE 11. Insurance: SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, a. Insurance. Contractor shall at its own expense provide the following AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT insurance: SPECIFIED HEREIN REGARDING THIS CONTRACT. i Worker's Compensation insurance in compliance with ORS CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED 656.017, which requires subject employers to provide Oregon workers' REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE compensation coverage for all their subject workers. HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES ii Professional Liability insurance with a combined single limit, or the TO BE BOUND BY ITS TERMS AND CONDITIONS. equivalent, of not less than $200,000 for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. iii General Liability insurance with a combined single limit, or the equivalent, of not less than)for each ccurrence for Bodily Injury and Property Damage. Stc (tri~~ F.'o~ of L-.2,6 (~yf ti- iv Automobile Liability insurance with a combined single limit, or t e equivalent, of not less than MA for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. V. Umbrella/Excess Liability insurance with combined single limits/ annual aggregate of not less than $N/A for Bodily Injury and Property Damage. c. Notice of cancellation or chance. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. 12. Left for insertion. 13. Force Majeure: Neither City nor Contractor shall be held responsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond, respectively, City's or Contractor's reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this contract. 14. Severability: The parties agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. 15. Survival: The terms, conditions, representations and all warranties contained in this Contract shall survive the termination or expiration of this Contract. 16. Waiver: The failure of either party to enforce any provision of this contract shall not constitute a waiver by either party of that or any other provision. 17. Execution and Counterparts: This contract may be exercised in several counterparts, each of which shall be an original, all of which shall Exhibit C COMPLIANCE WITH APPLICABLE LAW hours in any one day or in excess of 40 hours in any one week, whichever (Public Nonlmprovement Contracts) is greater. [HB 2214] ORS 27913.220 Conditions of public contracts concerning payment of ORS Chapter 244. Contractor shall not provide or offer to provide any laborers and materialmen, contributions to Industrial Accident Fund, appreciable pecuniary or material benefit to any officer, employee or agent liens and withholding taxes. Every public contract shall contain a of the City in connection with this contract in violation of ORS Chapter condition that the Contractor shall: 244 or City's personnel rules. vi. Make payments promptly, as due, to all persons supplying to such contractor labor or material for the prosecution of the work provided for in ORS 670.600 provides in part: "As used in various provisions of such contract. ORS Chapters 316, 448, 656, 657, 671 and 701, an individual or business vii. Pay all contributions or amounts due the Industrial Accident Fund entity that performs labor or services for remuneration shall be considered from such contractor or subcontractor incurred in the performance of the to perform the labor or services as an `independent contractor' if the contract. standards of this section are met." ORS 670.600 also provides standards viii. Not permit any lien or claim to be filed or prosecuted against the for satisfying the designation of an independent contractor: state, county, school district, municipality, municipal corporation or 1. Free from direction and control over means and manner of providing subdivision thereof, on account of labor or material furnished. labor or service. ix. Pay to the Department of Revenue all sums withheld from employees 2. Responsible for obtaining all necessary business registrations and pursuant to ORS 316.167. professional occupation licenses. 3. Furnishes its own tools and equipment for the work. 279B.225 Condition concerning salvaging, recycling, composting or 4. Has the authority to hire and fire employees to perform the work. mulching yard waste material. Every public contract for lawn and 5. Registered under ORS Chapter 701. landscape maintenance shall contain a condition requiring the contractor 6. Filed federal and state income tax returns in the name of its business to salvage, recycle, compost or mulch yard waste material at an approved or a business Schedule "C" as part of the personal income tax return, for site, if feasible and cost-effective. the previous year, for labor or services performed as an independent contractor in the previous year. ORS 279B.230 Condition concerning payment for medical care and 7. Represents to the public that the labor or services are to be provided providing workers' compensation. (1) Every public contract shall also by an independently established business. contain a condition that the contractor shall promptly, as due, make 8. The labor or services are primarily carried out at a location that is payment to any person, co-partnership, association or corporation, separate from my residence, or is primarily carried out in a specific portion furnishing medical, surgical and hospital care or other needed care and of my residence, which is set aside as the location of the business. attention, incident to sickness or injury, to the employees of such 9. The business has purchased business cards or commercial contractor, of all sums which the contractor agrees to pay for such services advertising. and all moneys and sums which the contractor collected or deducted from 10. A telephone listing and service is used for the business that is separate the wages of employees pursuant to anv law, contract or agreement for the from the personal residence listing and service. purpose of providing or paying for such service. 11. Labor or services are performed only pursuant to written contracts. (2) Every public contract also shall contain a clause or condition that all Labor or services are performed for two or more different persons within a employers working under the contract are subject employers that will period of one year. comply with ORS 656.017 or are exempt under ORS 656.126. 12. Assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, ORS 27913.235 Condition concerning hours of labor. (1) Except as warranties, errors and omission insurance or liability relating to the labor provided in subsections (3) to (6) of this section, every public contract or services to be provided. subject to this chapter must contain a condition that a person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay: (a)(A) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or (B) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (b) For all work performed on Saturday and on any legal holiday specified in ORS 27913.020. (2) An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. (3) In the case of contracts for personal services as described in ORS 279A.055, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. (4) In the case of a contract for services at a county fair or for other events authorized by a county fair board, the contract must contain a provision that employees must be paid at least time and a half for work in excess of 10 hours in any one day or 40 hours in any one week. An employer shall give notice in writing to employees who work on such a contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that employees may be required to work. (5)(a) Except as provided in subsection (4) of this section, contracts for services must contain a provision that requires that persons employed under the contracts shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 27913.020 (1)(b)(B) to (G) and for all time worked in excess of 10 DATE (MM/DD/YYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE F518/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s . PRODUCER NCONTACT AME: _ _ Protectors Insurance, LLC P"c°°"N xt: 1-77 - ac No: 1-772-1 P.O. Box 4669 E-MAIL ADDRESS: f r r In . _ INSURER(S) AFFORDING COVERAGE NAIC # INSURER_A :Am ri m Economy. Insurance_ - INSURED INSURER B : Douglas M McGeary INSURERC: _ Attorney at Law INSURER D : 2 N Oakdale Ave Medford, OR 97501-2733 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 1108177279 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS A GENERAL LIABILITY Y 02BP668594 /3/2015 /3/2016 EACH OCCURRENCE _ $2,000,00.0 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS-MADE a OCCUR MED EXP (Any one person) $10,000_ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ X POLICY PRO- LOC $ AUTOMOBILE LIABILITY EGUMBINEU SINGLE LIMIT a accident) _ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS - - NON-OWNED PROPERTY DAMAGE $ '.HIRED AUTOS AUTOS (Per accdent) _ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y I N E.L. EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) I E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Ashland, Oregon, and its elected officials, officers and employees are listed as additional insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main St Ashland OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 1 / 1 . CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. F7/7/2015 12952 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 015851 SHIP TO: City of Ashland MCGEARY, DOUGLAS M 20 E MAIN STREET 2 N OAKDALE AVE ASHLAND, OR 97520 MEDFORD, OR 97501 FOB Point: Ashland, Oregon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Dave Lohman Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Attorney Services - JuIV 1, 2015 to 120,000.00 June 30, 2016, Not to exceed $120,000.00. Approved by City Council May 5, 2015 Personal Services Contract (Provided bV Douglas McGearv) SUBTOTAL 120 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 120,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 710.01.03.00.60410 120 000.00 VENDOR Authorized Sig atureCOPY l FORM#3 CITY OF r ASHLAND REQUISITION Date of request: 5/6/2015 Required date for delivery: 6/30/2015 Vendor Name ~nuglas h^ mcc ary Address, City, State, Zip 2 N Oakdale Avenue Medford OR 97501 Contact Name & Telephone Number Douglas M. McGeary, 541-779-4647 or 541-552-2105 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written uote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $51K to $75K Valid until: Date Description of SERVICES Total Cost Attorney Services July 1, 2015 - June 30, 2016 - NTE $120,000.00 $120,000.00 - Approved b City Council May 5, 2015 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Legal - Personal Services Contract - Asst City Attorney TOTAL COST ❑ Per attached quotelproposal $120,000:00 Project Number _ _ _ _ _ _ - - _ _ Account Number 710.01.03.00.604100 Account Number-__-__-__- Account Number 710.01.03.00.604100 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/No By signing this requisition form, 1 certify that the City's public contracting requirements have been satisfied. Employee: Department Head: (Equal_to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year. YES' / NO Aily v~ Finance Director-(Equal toorgreater tnarr $ ,000) Date Comments: Form #3 - Requisition City of Ashland, Oregon - Agendas And Minutes Page 1 of 12 City of Ashland, Oregon / City Council City Council - Minutes View Agenda Tuesday, May 05, 2015 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 5, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Seffinger, Rosenthal, and Marsh were present. Councilor Lemhouse was absent. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City completed the annual appointment process for the various Commissions, Committees, and Boards but there were vacancies on the following Commissions: Airport, Forest Lands, Housing & Human Services, Public Arts, Transportation, Tree, and Wildfire Mitigation. The annual appointments on the Consent Agenda would include the reappointment of Tim Bewley and Bruce Moats to the Wildfire Mitigation Commission inadvertently left off the Council Communication. Mayor Stromberg added the approval of appointments to the Ashland Fiber Network Committee to the Consent Agenda. APPROVAL OF MINUTES The minutes of the Study Session of April 20, 2015, Executive Session of April 20, 2015 and Business Meeting of April 21, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Assistant Planner Amy Gunter and Historic Commission member Keith Swink gave the annual presentation on the Historic Commission. Commissioner Swink provided the background and duties of the Commission. Ms. Gunter explained the City secured a Certified Local Government (CLG) grant that would help offset historic preservation costs and enable the Commission to pursue furthering historic preservation education, code amendments, conference attendance, and monthly activities. The Historic Preservation Plan found the lack of review of alterations to structures in the historic districts caused some loss of integrity within these districts. The CLG grant helped hire a consultant to work with the Historic Commission on a http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=5977&Print=True 5/18/2015 City of Ashland, Oregon - Agendas And Minutes Page 2 of 12 possible tiered effort that could result in code regulations similar to the City of Medford and City of Jacksonville. The Historic Preservation Awards ceremony would happen Wednesday, May 20, 2015, 1:30 p.m. in the Ashland Community Center. Commissioner Swink listed the activities planned throughout May to celebrate National Historic Preservation Month, and noted the plan to install markers throughout the historic district. The Commission expressed appreciation for Ms. Gunter's assistance and efforts. The Mayor's proclamations of May 2015, as National Historic Preservation month and May 11-17, 2015, as American Craft Beer week were read aloud. Acting Ashland Police Chief Warren Hensman presented the report on crime in Ashland that included use of force, the Enhanced Law Enforcement Area, and on-going issues with Will Dodge Way. During 2014, the Ashland Police Department (APD) used force 31 times up slightly from 2013 where there were 28 incidents. APD had two TASER deployments and of the two only one activation. Three subjects were pepper sprayed. Nine incidents required control holds and eight subjected to targeted strikes by officers. Of those incidences, 29% did not involve more than forcing a subject to the ground or up against an object. Seventeen injuries were reported during these confrontations, six to police officers, and eleven to suspects with none of the injuries more serious than minor cuts and scrapes. Drugs and or alcohol were involved in 50% of these incidents. In 2014, each officer received approximately 22 hours of training on use of force. Crime rates were based on the number of Part One crimes in a jurisdiction and reported annually to the Federal Bureau of Investigation (FBI) for the Uniform Crime Report. Part One crimes included Homicide, Rape, Robbery, Aggravated Assault, Burglary, Auto Theft and Larceny. In 2014, APD took 630 reports on Part One crimes. This was a 10% decrease from 2013. Violent crimes consisted of Homicide, Rape, Robbery, and Aggravated Assault. There were 21 violent crimes reported in Ashland in 2014, and 25 violent crimes reported in 2013 for a 16% decrease. The Police Department cleared 35% of Part One cases and 90% of violent crime cases. The Enhanced Law Enforcement Area (ELEA) ordinance went into effect 2012. In 2014, the City issued 15 expulsion orders due to 147 violations or crimes occurring in the downtown corridor. The Police Department tracked crimes in the downtown area through calls for service regarding disorderly behavior. In 2014, APD responded to 199 calls for service in the downtown area regarding disorderly behavior. This was a 25% decrease from 2013 and 35% from 2012. APD worked with the City Administrator and City Attorney's office to address particularly negative behavior in the downtown area. They discussed possibly extending ELEA boundaries to include the Bill Patton Gardens, expanding the list of qualifying violations to include smoking marijuana in public, architectural concerns, and ordinances requiring dogs in the downtown area be vaccinated or licensed. Acting Chief Hensman met with the City Administrator, City Attorney, Planning http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=5977&Print=True 5/18/2015 City of Ashland, Oregon - Agendas And Minutes Page 3 of 12 staff, and two citizens on mitigating the issues with Will Dodge Way as a community and find resolutions to the problems. Business owners discussed internal structural changes that would draw the crowd to Main Street instead of Will Dodge Way. He clarified violations generated from the venues on Will Dodge Way consisted of open containers, smoking marijuana in public, some overcrowding, and typical disorderly behavior in the downtown area that involved patrons outside of the clubs. Five individuals involved in ELEA expulsion orders were the same from last year. The City enforces a 90-day expulsion so the clock can restart for repeat offenders repeatedly. The people not repeating were obeying the rules as opposed to leaving town. Acting Chief Hensman confirmed officers gave more warnings to patrons and bar owners on Will Dodge Way than they did actual violations. Occasionally APD received a complaint that did not involve laws being broken as well as situations where the individual had left or the noise dissipated. Madeline Hill/950 Golden Aspen Place/Stated the nuisance issues on Will Dodge Way had not improved. She appreciated the Police Department focusing on the area and that City officials were meeting with the neighbors. She produced a large notebook that contained specific suggestions neighbors had researched to improve City processes regarding noise, nuisance, and nightclubs. PUBLIC FORUM Huelz Gutcheon/2253 Hwy 99/Announced an ongoing class titled "Solving Climate Change with Simple Science" at the Ashland Public Library Fridays at 7:00 p.m. The class was open to the public and free. CONSENT AGENDA 1. Approval of minutes from boards, commissions, and committees 2. Contract for legal services for Douglas M. McGeary 3. Request to transfer ownership of two police patrol vehicles to the City of Phoenix, Oregon, Police Department after they are taken out of service with the Ashland Police Department 4. Contract amendment for economic and financial analysis 5. Contract with Jackson County Sexual Assault Response Team regarding the expenditure of pending grant funds in the amount of $69,097.60 to fund the You Have Options Program 6. Approval of contract for GIS software maintenance 7. 2015 annual appointments to boards, commissions, and committees 8. Amendment to the Intergovernmental Agreement with Jackson County to lease the Ashland Library to the Jackson County Library District 9. Approval of appointments to the Ashland Fiber Network Committee Mayor Stromberg submitted a document into the record regarding the Ashland Fiber Network Committee and explained the members included Pam Marsh, Rich Rosenthal, Dennis Slattery, Vicki Griesinger, Jim Teese, Bryan Almquist, Susan http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=5977&Print=True 5/18/2015 City of Ashland, Oregon - Agendas And Minutes Page 4 of 12 Alderson, and Matthew Beers. City Administrator Dave Kanner requested to withdraw Consent Agenda item #8 from the agenda due to an error in the agreement. Councilor Marsh requested the agreement specify that Jackson County lease to the Library District for no more than $1.00 a year. Councilor Voisin pulled Consent Agenda items #2, 4, and 6 for discussion. City Attorney Dave Lohman confirmed the contract for legal services for Douglas McGeary would not exceed $120,000 a year and was the same as the last four years. Funds for Mr. McGeary's salary came out of the Legal Department budget in lieu of funding a full time assistant attorney. Public Works Director Mike Faught addressed Consent Agenda item #4 and clarified the City hired Economic and Financial Analysis (EFA) to assist in updating the System Development Charges (SDC) for all of the utilities. The System Development Charge Committee ended up meeting nine times instead of three that resulted in the consultant having to change the proposal several times. This amendment would cover the consultant completing the final report and attending two Council meetings. Of the $8,000 requested, $3,000 went to travel. Mr. Faught clarified funds for Consent Agenda item #6 regarding the intergovernmental agreement for GIS software maintenance would come from the Engineering Services division under Public Works through utility rates. Councilor Rosenthal/Marsh m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Public Hearing and approval of resolutions titled: 1) "A resolution adopting transportation utility fee schedule pursuant to Ashland Municipal Code Section 4.26 and repealing Resolution 2014-04"; 2) "A resolution adopting a storm drain utility fee schedule pursuant to Ashland Municipal Code Section 4.27.050 and repealing Resolution 2014-05"' 3) "A resolution revising rates for water service pursuant to Ashland Municipal Code Section 14.04.030 and repealing Resolution 2014-02"; 4) "A resolution revising rates for wastewater (sewer) service pursuant to Ashland Municipal Code Section 14.08.035 and repealing Resolution 2014-03" and 5) "A resolution revising rates for electric service pursuant to Ashland Municipal Code Section 14.16.030 and repealing Resolution 2014-06." Administrative Services and Finance Director Lee Tuneberg explained the City reviewed utility fees annually and recommend changes to Council. Staff based rate increases on operational and capital improvement needs in the Street, Sewer, and the Electric Funds. The fees would cause a 7% increase in the average monthly cost to a single-family dwelling user, with 1,000 kilowatts of power, and 1,000 cubic feet of water. Electric and IT Director Mark Holden explained the average cost increase in kilowatt hour for the next rate period was 3.75 cents from Bonneville Power http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=5977&Print=True 5/18/2015