HomeMy WebLinkAbout2018-051- City Administrator Contracted Services
CITY OF ASHLAND
Employment Agreement
City Administrator Contracted Services
THIS AGREEMENT made and entered into this 3r*' day of April, 2018, by and between
the City of Ashland ("City") and John Karns ("Employee").
RECITALS:
A. City desires to employ the services of Employee on contract basis to provide
advisory services to the Acting/Interim City Administrator, Mayor, City Council
and staff as needed; and
B. It is the desire of the Mayor and City Council to establish certain conditions of
employment for Employee; and
C. It is the desire of the Council to (1) secure and retain the services of Employee
and to provide inducement for Employee to remain in such employment, (2) to
make possible full work productivity by assuring Employee's morale and peace of
mind with respect to financial security; (3) to act as a deterrent against
malfeasance or dishonesty for personal gain on the part of Employee; and (4) to
provide a just means for terminating Employee's services when City may
otherwise desire to terminate Employee's services; and
D. Employee desires to accept employment as a Contracted City Administrator for
the City of Ashland between April 1, 2018 and June 30, 2018. As needed to
maintain continuity of projects and ensure a smooth transition of leadership.
City and Employee agree as follows:
Section 1. Duties. The city hereby agrees to employ John Karns on contract to
support City Administration and to perform such other legally and ethically permissible
and proper duties and functions as the Mayor and/or City Council shall from time to
time assign.
Section 2. Term.
A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the
right of the City to terminate the services of the contracted City Administrator at
any time, subject only to the provisions set forth in this agreement.
Page - 1
B. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right
of the Employee to resign at any time from his position with the City, subject only
to the provisions of this agreement.
C. Employee agrees to remain in the employ of City until June 30, 2018. This
provision shall not restrict Employee from accepting other work activities
provided these activities do not conflict with the duties of the Employee or
otherwise create a conflict of interest for the City.
D. Employee will cooperate in every way with the smooth and normal transfer to the
newly appointed individual.
Section 3. Salary. Beginning April 1, 2018, City agrees to pay Employee at the rate of
$70.26/hour for each hour worked. As the employee will retire from Oregon PERS
effective March 31, 2018, employee will report and receive compensation for actual
hours worked, and no additional benefits or compensation will be granted. Employee is
responsible for tracking his hours and not exceeding 599.99 hours/year as a retired
OPSRP employee.
Section 4. Hours of Work. The Employee shall be available to provide consulting
services on a contract basis during the duration of the contract. He shall not exceed
(40) hours/week and shall not work more than 599.99 hours in a calendar year for any
public employer individually or collectively.
Section 5.1, Benefits. Except as modified by this agreement, Employee shall not receive
any benefits beyond hourly compensation.
Section 6: Termination. For the purpose of this agreement, involuntary termination shall
occur:
A. If the Mayor with consent of the Council discharges or dismisses the employee prior
to the end of the contract term.
B. If the Employee resigns following an offer to accept resignation, whether formal or
informal, by the Mayor or City Council that the Employee resign.
Page-2
Section 7. Severability. If any part, term, or provision of this agreement is held by the
courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the
remaining portions of the agreement shall not be affected and the rights and obligations
of the parties shall be construed and enforced as if the agreement did not contain the
particular part, term, or provision.
Dated this of , 2018.
Melissa Huhtala, City Recorder J Stromberg, Mayor
Accepted this day of , 2018.
John Karns
Page - 3
LFORM #10 CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND
Request for a Change Order
Name of Supplier / Contractor / Consultant: Henderson Total amount of this
L
Purchase Order Number: 20181308 contract amendment:
Title / Description: Lithia Springs/Ashland Gun Club Wetland Remediation & Mitigation $ 26,125
P
Per attached contract amendment 1`-Ae11P1e' - 0 or&e f"-
Contract Amendment
Original contract amount $ 211020 100 % of original contract
Total amount of previous contract amendments $11,496 5.1 % of original contract
Amount of this contract amendment $26,125 12.4 % of original contract
TOTAL AMOUNT OF CONTRACT $ 246,641 117.8 % of original contract
In accordance with OAR 137-047-0800: 1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special
Procurement. 2) The amendment is necessary to comply with a change in law that affects performance of the contract. 3) The amendment results from renegotiation of the terms and
conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services
to be
provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) The City determines that, with all things considered, the
amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a total term greater than allowed in the solicitation document,
contract or approval of a Special Procurement. An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the
amendment in the procurement documents, it would likely have increased competition or affected award of contract.
Contract amendment is within the scope of procurement: YES E NO* (If "NO", requires Council approval 1 Attach copy of CC.)
Sourcing Method:
SMALL PROCUREMENT Not exceeding $5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT, QRF or
❑ "YES", the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50
amendments !5 $6,000. X "YES", the total amount of cumulative amendments ❑ "YES", the total amount of original contract and
❑ If "NO", amount exceeding authority requires s 25% of original contract amount or $250,000 cumulative amendments $100K for Goods & Services,
Council approval. Attach copy of Council whichever is less. $75K for Personal Services, < $50K for Attorney Fees.
Communication. ❑ If "NO", amount exceeding authority requires ❑ If "NO", amount exceeding authority requires Council
❑ Exempt- Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication.
PERSONAL SERVICES (Direct Appointment) Communication. []Exempt- Reason:
❑ "YES",cumulative amendments $35,000 []Exempt- Reason:
❑If "NO", requires approval. Attach CC
INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT
Goods & Services - >$5,000 < $100,000 ❑ "YES", the total amount of cumulative amendments ❑ Written Findings: Document the nature of the
Personal Services ->$5,000 < $75,000 :5 25% of original contract amount or $250,000 emergency, including necessity and circumstances
❑ "YES", the total amount of cumulative whichever is less. requiring the contract amendment
amendments !5 25% of original contract amount. [J If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City
"NO", amount exceeding authority requires Council Council approval. Attach copy of Council Administrator
approval. Attach copy of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication
❑Exem t-Reason: []Exempt -Reason: ❑Exem t-Reason:
SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
❑ "YES", the total amount of original contract and cumulative amendments are ❑ Renewal of Intergovemmentai Agreement: Terms modified in accordance with initial
within the amount and terms initially approved by Council as a Special agreement OR cost will not be more than 25% greater than initial agreement. Renewal
Procurement approved by City Attorney and department head affected by renewal and approved/signed
❑ If "NO", amount exceeding authority requires Council approval. by City Administrator. AMC 2.28.045(8)
Attach copy of Council Communication. ❑ If "NO", Council approval is required. Attach co of Council Communication
Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
Project Number 200907 - - 999 Account Number 030022 - 704200 _,26,125,00
Project Number - Account Number
Project Number _ _ _ - _ _ - Account Number - _ _ - - _ - - - $ _
Employee Signature: Department Head Signature: 6s~~zo/8
(1 t orgrea r th n $5,000)
City Admint rator: ~Q>
Equ gre ter t a 5 000 or 10%)
Funds appropriated for current fiscal year: YES,Y NO
'
Comments: Finance Dire Or (Equal to orgreaterthan $5,000) Date
-
CITY OF
^.S H LA N D
DEPARTMENT OF PUBLIC WORKS
CONTRACT AMENDMENT
I
CONTRACT CHANGE ORDER NO. 3
PROJECT: Lithia Springs Wetland Remediation & Mitigation DATE: 09/01/18
LOCATION: Lithia Springs Property/Ashland Gun Club PROJECT NO.: 200907.999
CONTRACTOR: Henderson
You are requested to perform the following described work upon receipt of an approved copy of this document or as
described by the Engineer:
Item No. Description Quantity Unit Price Amount
Item #1 Additional Topsoil 245 $ 39.00 $ 9,555
Item #2 Additional Seeding 1.5 $ 4,100.00 $ 6,150.00
Item #3** Planting (Percent increase applied to 35% $ 29,798.50 $ 10,420.04
bid schedule, see Attachement A)
Item #4
Item #5 S - $ -
**See Attachment A for planting changes and prices Total this Change Order: $ 26,125
Previous Change Order: $ 11,496
Original Contract Total: $ 211,020
Revised Contract Total: $ 248,641
PERCENT CHANGE OF ORIGINAL CONTRACT:
The time provided for completion of this contract is increased by no calendar days. This document shall become an
amendment to the contract and all provi~Ions of the contract will apply.
Recommended By:
~ro %a Date
Approved By: ZO/dam S
P or i ector 4 0~`+ p✓) Date
Accepted By: 75;b ZContractor Dad
ENGINEERING P1411
20 E. Main Street Tel: 541-488-5347
Ashland, Oregon 97520 Fax: 541-488-6006 '4m
www.ashland.or.us TTY: 800-735-2900
Attachment A: Planting Substitutions and Changes, Project No. 200907.999
Explanation: Area of temporary impacts in wetland areas exceeded expectations. This change order accounts for the additional planting that will need to take place to re-vegetate
areas of temporary
disturbance.
Original Bid Schedule Change
Description No. Units Unit of Original Unit Original Line Substitute Size Change Units Due *o I CPU of Smaller increase in Cost of Increase
Measure Price Item Price Size Change Plants Based on Units for in Units
Original Bid Larger Area
Mixed wetland plugs 840 EA $4.50 $3,780.00 N/A 773 $4.89 260 $1,271.41
Mixed wetland herbs 1 gallon 0 EA $27.50 $0.00 1 gallon for bare root pugs 67 $27.50 23 $632.50
California bay; Umbeliularia californica, 2-gallon
container 35 EA $85.00 $2,975.00 Acer (1.5) 9" BAN Pot for 2-Gallon 53 $56.13 16 $898.11
Black hawthorn; Crataegus douglassi, 2-gallon
container 65 EA $54.50 $3,542.50 (15) 9" BAN Pot for 2-Gallon 98 $36.15 28 $1,012.14
Western thimbleberry; Rubrus parviflorus, 1-
gallon container 140 EA $27.50 $3,850.00 (1.5) 4" Plugs for 1-Gallon 210 $18.33 70 $1,283.33
Oregon ash; Fraxinus latifolia, 2-gallon container 30 EA $88.00 $2,640.00 (3) 4" Plugs for 2-Gallon 90 $29.33 30 $880.00
Water birch; Betula occidentalis, 2-gallon
container 30 EA $91.00 $2,730.00 (3) 4" Plugs for 2-Gallon 90 $30.33 30 $910.00
Pacific willow; Salix lasiandra, plant cuttings 180 EA $17.00 $3,060.00 N/A 180 $17.00 65 $1,105.00
Red-stem dogwood; Corpus stolonifera, 1-gallon
container 78 EA $39.50 $3,081.00 (1.5) 4" Plugs for 1-Gallon 117 $26.33 40 $1,047.54
Pacific ninebark; Physocarpus capitatus, 1-
gallon container 180 EA $23.00 $4,140.00 (1.5) 4" Plugs for 1-Galion 270 $15.33 90 $1,380.00
Adjusted Total Units per Original Bid: 1948 Total Change: 652 $10,420.04
order accounts for the additional planting that will need to take place to re-vegetate areas of temporary
posed Change
e Substitute Size Change Units Due to CPU of Smaller Increase in Cost of Increase
Size Change Plants Based on Units for in Units
Original Bid Larger Area
)0 N/A 773 $4.89 260 $1,271.41
0 1 gallon for bare root pugs 67 $27.50 23 $632.50
0 Acer (1.5) 9" BAN Pot for 2-Gallon 53 $56.13 16 $898.11
3 (1.5) 9" BAN Pot for 2-Gallon 98 $36.15 28 $1,012.14
(1.5) 4" Plugs for 1-Gallon 210 $18.33 70 $1,283.33
(3) 4" Plugs for 2-Gallon 90 $29.33 30 $880.00
(3) 4" Plugs for 2-Gallon 90 $30.33 30 $910.00
N/A 180 $17.00 65 $1,105.00
(1.5) 4" Plugs for 1-Gallon 117 $26.33 40 $1,047.54
(1.5) 4" Plugs for 1-Gallon 270 $15.33 90 $1,380.00
Adjusted Total Units per Original Bid: 1948 Total Change: 652 $10,420.04
Purchase Order
Fiscal Year 2018 Page: 1 of: 1
(HIS PO N_ BER MUST APPEAR ON ALL
B City of Ashland INVOICES,-AND SHIPPING DOCUMEN
ATTN: Accounts Payable
L 20 E. Main Purchase 2018130
L Ashland, OR 97520 Order #
H
T Phone: 541/552-2010
O Email: payable@ashland.or.us
L /
V HENDERSON, LLC H C/O Public Works Department
E 200 N STATE STREET I 51 Wnburn Way
N
D SUITE 103 P Ashland, OR 97520
O LAKE OSWEGO, OR 97034 Phone: 541/488-5347
T Fax: 541/488-6006
O
Ka lea Kathol
04/23/2018 2056 FOB ASHLAND OR/NET30 Cit Accounts Pa able
Earthwork at Gun Club
1 Earthwork and landscaping at Ashland Gun Club 1 211,020.0000 $211,020.00
Public Improvement Contract for Ashland Gun Club Wetland
Remediation & Mitigation Project
Completion date: 120 Calendar days following Contractor's receipt
of the
Project Account: E-200907-999
2 Processed change order 05/09/2018 1 $1,866.4500 $1,866.45
Change Order No. 1
Project Account: E-200907-999
3 Processed change order 06/18/2018 1 $9,630.0000 $9,630.00
Change Order Ngo. 2
Project Account: E-200907-999
4 ADDED: Processed change order 09/21/2018 1 $26,125.0000 $26,125.00
Contract Change Order NO. 4 (Topsoil, seeding, Plantings)
Project Account: E-200907-999
GL SUMMARY
030022 - 704200 45
032200 - 704200 $9,630.00
By Date:
Authorized Signature ~P~} Totaf $248,641.45