HomeMy WebLinkAbout2018-056-Personal Services Agmt- Betsy Manuel
PERSONAL SERVICES AGREEMENT $25,000.00 or less
A S9 CONSULTANT: Elizabeth "Betsy" Manuel
c
CONSULTANT'S CONTACT: manuelje a,charter.net
~S& RAC-F`~'f
City of Ashland ADDRESS: 3371 Darrell Drive, Medford, OR 97501
Ashland Parks and Recreation
340 S Pioneer Street TELEPHONE: 541-944-0102
Ashland, Oregon 97520
Telephone: 541-488-5340 EMAIL: manuelej(a?charter.net
Fax: 541-488-5314
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of
Ashland, an Oregon municipal corporation (hereinafter "City") and Elizabeth "Betsy" Manuel ("hereinafter
"Consultant"), for meeting minute preparation for Ashland Parks and Recreation Commission (APRC). Meeting
minutes included in this contract are for Ashland Parks and Recreation Commission regular meetings, special
meetings and study sessions; Trail Master Plan Update Committee meetings; and Lithia Park Master Plan
meetings.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and
Consultant hereby agree as follows:
1. Effective Date and Term: This Agreement shall become effective on the date of execution on
behalf of the City, as set forth below (the "Effective Date"), and unless sooner terminated as specifically
provided in Section 11, shall terminate upon the City's affirmative acceptance of Consultant's Work as
complete and Consultant's acceptance of the City's final payment therefore, but not later than June 30,
2019.
2. Scope of Work: Consultant shall provide meeting minutes for a variety of commission and committee
meetings on behalf of APRC, as more fully set forth in Consultant's Scope of Work dated March 1,
2018, which is attached hereto as "Exhibit A" and incorporated herein by this reference. Consultant's
services are collectively referred to herein as the "Work."
3. Compensation: City shall pay Consultant the sum of $20 per hour as full compensation for
Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all
compensation and reimbursement under this Agreement exceed the sum of $7,500 without the express,
written approval from the City official whose signature appears below, or such official's successor in
office. Payments shall be made within thirty (30) days of the date of receipt by the City of Consultant's
invoice. Should this Agreement be terminated prior to completion of all Work, payments will be made
for any phase of the Work completed and accepted as of the date of termination.
4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting
documents shall be construed to be mutually complimentary and supplementary wherever possible. In
the event of a conflict between this Agreement and the supporting documents which cannot be resolved,
the provisions of this Agreement shall control over any conflicting provisions in any of the exhibits or
other supporting documents.
Page 1 of 6: Personal Services Agreement with Elizabeth -Betsy- Manuel
iii. If any license or certificate required by law or regulation to be held by Consultant to provide
the services required by this Agreement is for any reason denied, revoked, suspended, or not
renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this Agreement in the event of a breach of the
Agreement by the other. Prior to such termination the party seeking termination shall give to
the other party written notice of the breach and its intent to terminate. If the party
committing the breach has not entirely cured the breach within fifteen (15) days of the date of
the notice, or within such other period as the party giving the notice may authorize in writing,
then the Agreement may be terminated at any time thereafter by a written notice of
termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty
under this Agreement. City by written notice to Consultant of default or breach may at any
time terminate the whole or any part of this Agreement if Consultant fails to provide services
called for by this Agreement within the time specified herein or within any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this Agreement.
e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to
subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either
party already accrued prior to such termination or modification. However, upon receiving a
notice of termination (regardless whether such notice is given pursuant to Subsection a, b, c, or d
of this section, Consultant shall immediately cease all activities under this Agreement, unless
expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all Agreement documents, information, works-in-progress and
other property that are or would be deliverables had the Agreement been completed. City shall
pay Consultant for Work performed prior to the termination date if such Work was performed in
accordance with this Agreement.
12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the
City for any purpose. Consultant shall have the complete responsibility for the performance of this
Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656
for all persons employed to perform Work pursuant to this Agreement.
13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work
without the written consent of City. Any attempted assignment or subcontract without written consent
of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or
subcontractors and of all persons employed by them, and the approval by City of any assignment or
subcontract of the Work shall not create any contractual relation between the assignee or subcontractor
and City.
14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material
breach or default of any covenant, warranty, certification, or obligation under the Agreement; institutes
an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general
assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified
in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under, this
Agreement.
Page 3 of 6: Personal Services Agreement xvith Elizabeth "Betsy" Manuel
r
17.1.2 Consultant, for a period of no fewer than six (6) calendar years preceding the Effective Date
of this Agreement, has faithfully complied with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
Chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable
to Consultant; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
18. Governing Law; Jurisdiction; Venue: This Agreement shall be governed and construed in accordance
with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or
doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City and the
Consultant that arises from or relates to this Agreement shall be brought and conducted solely and
exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim
must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within
the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant,
by its signature hereon of its authorized representative, hereby consents to the in personam jurisdiction
of said courts. In no event shall this section be construed as a waiver by City of any form of defense or
immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any
claim or from the jurisdiction.
19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE
UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER
PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC
INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,
AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN
REGARDING THIS AGREEMENT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED
REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS
AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
20. Force Maj cure. Neither party to this Agreement shall hold the other responsible for damages or delay in
performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the
other or the other's officers, employees or agents.
21. Amendments. This Agreement may be amended only by written instrument executed by both parties
with the same formalities as this Agreement.
22. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently
available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal
year budget. Consultant understands and agrees that City's payment of amounts under this Agreement
attributable to Work performed after the last day of the current fiscal year is contingent on City
appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable
administrative discretion, to continue to make payments under this Agreement. In the event City has
insufficient appropriations, limitations or other expenditure authority, City may terminate this
Agreement without penalty or liability to City, effective upon the delivery of written notice to
Consultant, with no further liability to Consultant.
Page 5 of 6: Personal services Agreement with Elizabeth "Betsy" Manuel
EXHIBIT B
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
ALL employers described
WAGE
comply below must of Ashland laws regulating
payment of a living wage.
per hour, effective June 30, 2017.
The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
portion of business of their 401 K and IRS eligible
employer, if the employer has cafeteria plans (including
ten or more employees, and childcare) benefits to the
has received financial amount of wages received by
assistance for the project or the employee.
'v For all hours worked under a business from the City of
service contract between their Ashland in excess of ➢ Note: For temporary and
employer and the City of $20,688.86. part-time employees, the
Ashland if the contract Living Wage does not apply
exceeds $20,688.86 or more. ➢ If their employer is the City of to the first 1040 hours worked
Ashland, including the Parks in any calendar year. For
➢ For all hours worked in a and Recreation Department. more details, please see
month if the employee spends Ashland Municipal Code
50% or more of the ➢ In calculating the living wage, Section 3.12.020.
employee's time in that month employers may add the value
working on a project or of health care, retirement,
additional For Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us.
1Notice to Employers: This notice must be posted predominantly in areas where it can be
seen by all employees.
CITY OF
-AS H LAN D
Page I of 1: Exhibit 13
INTEROFFICE MEMORANDUM
TO: DIRECTOR MICHAEL BLACK, APRC CONItiIISSIONERS
FROM: BETSY MANUEL
SUBJECT: MINUTE-TAKER POSITION
DATE: 3-1-2018
CC: SUSAN DYSSEUARD
To whom it may concern;
It is time once again, to renew my contract with APRC - something I would love to do! I appreciate
participating in the public processes that are approached with such care by APRC staff and the
Commissioners who oversee and support their work. I recognize the importance of preparing
records that document the values exemplified by all who are a part of Ashland Parks and
Recreation.
I
This year I was able to participate in the Trails Master Plan process as a Minute-taker and I truly
enjoyed watching the plan unfold through the collaboration of Ashland citizens and Parks
representatives. I believe the work highlighted the best of such endeavors in the development of a
synergy that has developed many times as APRC goes about its mission.
There is a business case to be made for the efficiencies provided by contract workers but there is
also a personal element when "outsiders" such as myself are welcomed - I know I certainly have
experienced a warm and supportive environment.
I thank APRC staff and the Commissioners for the opportunities I have so enjoyed for the past
three years and I look forward to 201812019.
Sincerely,
BetsVae
EXHIBIT B
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
• • • • WAGE
per hour, effective June 30, 2017.
The Living Wage is adjusted annually every
~r June 30 by the Consumer Price Index.
• , - , , portion of business of their 401 K and IRS eligible
employer, if the employer has cafeteria plans (including
ten or more employees, and childcare) benefits to the
has received financial amount of wages received by
assistance for the project or the employee.
For all hours worked under a business from the City of
service contract between their Ashland in excess of Note: For temporary and
employer and the City of $20,688.86. part-time employees, the
Ashland if the contract Living Wage does not apply
exceeds $20,688.86 or more. y If their employer is the City of to the first 1040 hours worked
Ashland, including the Parks in any calendar year. For
➢ For all hours worked in a and Recreation Department, more details, please see
month if the employee spends Ashland Municipal Code
50% or more of the ➢ In calculating the living wage, Section 3.12.020.
employee's time in that month employers may add the value
working on a project or of health care, retirement,
additional For Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us.
(Notice to Employers: This notice must be posted predominantly in areas where it can be
seen by all employees,
CITY OF
-AS H LA N D
Page 1 of l: Exhibit 11
USAA 00056 77 11 72U
UNITED SERVICES AUTOMOBILE ASSOCIATION DMOOOOO
" (A Reciprocal Interinsurance Exchange)
W-1. '11111
US" 9800 Fredericksburg Road, San Antonio, Texas 78288
PERSONAL UMBRELLA POLICY DECLARATIONS - Renewal
Policy Number: USAA 00056 77 11 72U
Effective: From 12/20/2017 to 12/20/2018
(12:01 A.M. standard time at Umbrella Base Location)
Named Insured and Mailing Address: Limit" Premium
JERRY B MANUEL
LT COL USAF RET per occurrence) " .
3371 DARRELL DR Umbrella Liability $2,000,000 - $222.91
MEDFORD OR 97501-9631
Total $222.91
Umbrella Base Location:
3371 Darrell Dr PREMIUM DUE AT INCEPTION
Medford, Jackson, OR 97501
SCHEDULE OF. UNDERLYING INSURANCE
'TYPE OF INSURANCE`' REQUIRED MINIMUM LIMITS
Bodily hjurx: , Property Combined Single
Damage OR Limit
Private Passenger Vehicle Liability $300,000/$500,000 $100,000 OR $500,000
Miscellaneous Vehicle Liabilit "
y $250,000/$500;000 $100;000 OR $500,000
Personal "Liability
$3001000
Watercraft/Pers Watercraft Liability $300,000
USAA requires you to maintain NO LESS THAN the above REQUIRED MINIMUM LIMITS.
See the Required Minimum Insurance Condition in your policy.
Please verify your actual limits and exposures on the attached Supplemental
Declarations.
ENDORSEMENTS:
Added: NONE
Remain in Effect (Refer to Previous Policy) - CVLU (02-12), PU-1000R (06-10), PU-2009 (07-
09), PU-2011 (04-11)
INFORMATIONAL FORMS - UMBDV (11-10), UMBNIP (01-14), UMBORFRD (07-12)
In WITNESS WHEREOF, the Subscribers at UNITED SERVICES AUTOMOBILE ASSOCIATION have
caused these presents to be signed by their Attorney-in-Fact on this date 11/07/2017.
Laura Bishop
President, USAA Reciprocal Attorney-in-Fact, Inc.
I $9853-0513
j PU2009D (05-13) Page 1 of 1
USAA 00056 77 11 72U
USW
PERSONAL UMBRELLA POLICY
Supplemental Declarations
Effective:
From 12/20/2017 to 12/20/2018
(12:01 a.m. standard time at Umbrella Base Location)
Your Umbrella premium is based in part on the following. The limits shown below represent the
lowest policy limits carried.
Please contact us if any changes are needed.
DESCRIPTION OF KNOWN EXPOSURES
Motor Vehicles (Includes Private Passenger and Miscellaneous Vehicles):
Lowest Coverage Limit(s): $300,000/$500,000/$100,000
2009 GMC SIERRA 2500
2011 TOYOTA HIGHLANDER
Properties/ Residences:
Lowest Coverage Limit: $500,000
3371 Darrell Dr, Medford, Jackson, OR 97501
i
89854-0709
SUPPDECU (07-09)
Page 1 of 1
i
I
CITY OF ASHLAND TAX REGISTRATION
(FOR REVENUE PURPOSES ONLY)
BUSINESS LOCATION INFORMATION REGISTRATION NO.
STREETADDRESS: 3371 DARRELL DR BL-009738
OWNER INFORMATION PHONE! (541) 944-0102
NAME: ELIZABETH MANUEL
Barbara Christensen
CITY RECORDERFREASURER
REGISTRATION EXPIRES JUNE 30.
E MANUEL
3371 DARRELL DR
MEDFORD, OR 97501 2017
TO BE POSTED IN A CONSPICUOUS PLACE.
CITY OF ASHLAND TAX REGISTRATION
(FOR REVENUE PURPOSES ONLY)
BUSINESS LOCATION INFORMATION REGISTRATION NO.
STREETADDRESS: 3371 DARRELL DR BL-008837
PHONE: (541) 944-0102
OWNER INFORMATION
NAME: ELIZABETH MANUEL
Barbara Christensen
CfTY RECORDERITREASURER
r.
REGISTRATION EXPIRES JUNE 30.
E MANUEL
3371 DARRELL DR
MEDFORD, OR 97501 2018
TO BE POSTED IN A CONSPICUOUS PLACE.
AsH`~ Purchase Order
i~ Fiscal Year 2018 Page: 1 of: 1
,o
-
-THIS PO NUMBER, MUSTAPPEAR ON ALL
INVOICE ,-f~ND SHIPPING DOCUMENTS
B Ashland Parks Commission
ATTN: Accounts Payable
L 20 E. Main Purchase 20181299
L Ashland, OR 97520 Order #
T Phone: 541/552-2010
O Email: payable@ashland.or.us
S C/O Parks Department
V H Admin Office
E MANUEL, ELIZABETH (BETSY) l 340 South Pioneer
N 3371 DARRELL DRIVE P
D MEDFORD, OR 97501-9631 Ashland, OR 97520
O T Phone: 541/488-5340
R O Fax: 541/488-5314
m-e=
541 944-0102 Susan D sse and
_ nt/12ocatlon -
a -rte-- [5~paa m = - = - _
04/13/2018 1683 FOB ASHLAND OR Parks Accounts Pa able
--_=nifProce Exferided Pn
GG;
Meeting Minutes
1 For balance of fiscal year'18 prepare minutes for Ashland Parks 1 $2,000.0000 $2,000.00
Recreation meetings.
Personal Services Agreement ($25,000 or less)
Completion date: June 30, 2019
Project Account: $1,000.00
Project Account: E-000086-999 $500.00
Project Account: E-000091-999 $500.00
GL SUMMARY
120900
123000 - 604100 $1,000.00
i
i
BY:
Autbdrized Sig ar~tu a PO Total ~ $2,000.001
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FORM#3 CITY OF ASHLAND
REQUISITION= Date of request: 04/03/2018
Vendor Name Elizabeth "Betsy" Manuel
Address, City, State, Zip 3371 Darrell Drive, Medford, OR 97501
Contact Name Betsy Manuel
Telephone Number 541-944-0102
Email address man uelle(@charter.net
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 quote or proposal attached Attach co of council communication If council approval required, attach co of CC
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
F1 Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ 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
0 Less than $35,000, by direct appointment E] Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved of Council: (Date)
E] Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication)
Description of SERVICES Total Cost
For balance of fiscal year'18, attend meetings and prepare minutes for Ashland Parks & Recreation
Commission regular meetings, study sessions, Trail Master Plan Update Committee meetings, Lithia
Park Master Plan meetings and possible additional subcommittee or committee meetings. 2,000.00
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
Per attached quotelproposal TOTAL COST
Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Z 0 O 0.0 0
Project Number 9 1Account Number 1? 3 0 0 _ 6 0 4 1 0 0 $ _ s o 0 0 0
Project Number 6 6 Account Number 1? 3 0 0 6 0 4 1 0 0 5 0 0 0 0
Project Number Account Number 1? o s o o. 6 0 4 1 0 0 1 0 0 0 0 0
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes/ No
By signing this re4uisition form, / certi th the City's public contracting requirements have been satisfied.
Employee: Department He
(Equal to orgreatertha $5,000)
Department Manager/Supervisor: City Administra or:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year. a _ YES / NO _ '
Finance ire i3r (Equal to orgreaterthan$5,000) Date
Comments:
Form #3 - Requisition