Loading...
HomeMy WebLinkAbout2019-114 20190083 Douglas McGeary PERSONAL SERVICES CONTRACT City's right to enforce this contract with respect to: (a) any breach of a Contractor warranty; or (b) any default or defect in Contractor's This contract is between City of Ashland, a political subdivision of the performance that has not been cured. State of Oregon, hereinafter called "City", and Contractor hereinafter called "Contractor". The parties agree as follows: 5. Contract Documents: This contract between the parties consists of this Personal Services Contract, Scope of Work (Exhibit A), General 1. Contractor's information: Conditions (Exhibit B) Compliance with Applicable Laws (Exhibit C) and the following attached documents, if checked, which contain all the NAME (tax filing): Douglas M McGeary Attorney at Law LLC terms and conditions of the contract and are incorporated by this reference: ❑ Exhibit D Supplementary Conditions ADDRESS: 2 N. Oakdale Ave., Medford, OR 97501 ❑ Exhibit E Required Federal Terms and Conditions doug a douglasmmcgeary.com CITIZENSHIP, if applicable: 6. Amendments: The terms of this contract shall not be waived, altered, Non-resident alien ❑Yes X No modified, supplemented or amended, in any manner whatsoever, except by written instrument signed by the parties. BUSINESS DESIGNATION (check one): ❑Corporation ❑General Partnership IN WITNESS WHEREOF, THE PARTIES OR THEIR DULY ❑ Limited Partnership ❑ Governmental/Non-Profit AUTHORI7~,- EPRESENTATIVES HAVE SIGNED THIS X Limited Liability Company ❑ Limited Liability Partnership CONTRACT: ❑ Sole Proprietorship 06/27/18 Contractor ou s cGeary (Date) Federal Tax ID#: 26-1417718 Title: Att n y at LaN SSN#: N/A cv c (Contractor must provide Contractors Social Security Number unless it provides a federal TED number). O Oregon Business License#: N/A City of shland, City Attorney David H. Lohman (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 enter into and perform the work, (b) the Contract, when executed and condition. delivered, shall be a valid and binding obligation of Contractor a. Interim payments shall be made to Contractor following City's enforceable in accordance with its terms, (c) the work under the Contract review and approval of billings submitted by Contractor. Contractor will shall be performed in accordance with the highest professional standards, also submit copies of other billings for work performed under the contract and (d) Contractor is qualified,. professionally competent and duly licensed when such bills are to be paid by other parties. These other billings are to perform the work. Contractor also certifies under penalty of perjury not subject to the maximum compensation amount of this contract. that its business is not in violation of any Oregon tax laws, and it is a b. Contractor shall not submit billings for, and City will not pay, any corporation authorized to act on behalf of the entity designated above and amount in excess of the maximum compensation amount of this contract, authorized to do business in Oregon or is an independent contractor as including any travel and other expense when noted below. If the defined in the contract documents, and has checked four or more of the maximum compensation amount is increased by amendment of this following criteria: contract, the amendment must be fully effective before Contractor X (1) I carry out the labor or services at a location separate from my performs work subject to the amendment. Contractor shall notify City's residence or is in a specific portion of my residence, set aside as the supervising representative in writing 30 calendar days before this contract location of the business. expires of the upcoming expiration of the contract. No payment will be at (2) Commercial advertising or business cards or a trade association made for any services performed before the beginning date or after the membership are purchased for the business. expiration date of this contract. This contract will not be amended after X (3) Telephone listing is used for the business separate from the the expiration date. personal residence listing. C. Contractor shall submit bi-weekly billings for work performed. The X (4) Labor or services are performed only pursuant to written billings shall describe all work performed with particularity, by whom and contracts. on the date it was performed, the number of hours spent performing such X (5) Labor or services are performed for two or more different work, and shall itemize and explain all expenses for which reimbursement persons within a period of one year. is claimed. Billings shall be sent to the supervising representative. X (6) I assume financial responsibility for defective workmanship or 4. Effective Date and Duration: This Contract shall become effective for service not provided as evidenced by the ownership of performance on duration from June 30, 2018 or the date this Contract is fully executed bonds, warranties, errors and omission insurance or liability insurance and approved as required by applicable law. Unless earlier terminated or relating to th or services to bp, provided. extended, this contract shall expire on June 30, 2019, or when Contractor's "_15z, M 06/27/18 completed performance has been accepted by City, whichever event occurs first. However, such expiration shall not extinguish or prejudice Contractor Doug as cGeary (Date) 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 one half hour and is charged in lieu of standard legal B. Routine legal advice, consultation and services rate. opinions of the City Council and staff After six month from effective date of contract, $95.00/hour, no retainer. 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 $20,000.00 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 j 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 federal, i. If City funding from federal, state, or other sources is not obtained state and local civil rights and rehabilitation statues, rules and regulations. and continued at levels sufficient to allow for the purchase of the indicated quantity of services; 9. Foreign Contractor: If the Contractor is not domiciled in or ii. If federal or state regulations or guidelines are modified, changed, or registered to do business in the State of Oregon, Contractor shall promptly interpreted in such a way that the services are no longer allowable or provide to the Oregon Department of Revenue and the Secretary of State 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 $ (see Certificate of Liability) for each occurrence for Bodily Injury and Property Damage. iv Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $N/A 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 change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance i 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 constitute but one and the same instrument. Exhibit C COMPLIANCE WITH APPLICABLE LAW hours in any one day or in excess of 40 hours in any one week, whichever (Public NonImprovement Contracts) is greater. [HB 22141 ORS 279B.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 advertising. contractor, of all sums which the contractor agrees to pay for such services 10. A telephone listing and service is used for the business that is separate and all moneys and sums which the contractor collected or deducted from from the personal residence listing and service. the wages of employees pursuant to any law, contract or agreement for the 11. Labor or services are performed only pursuant to written contracts. purpose of providing or paying for such service. Labor or services are performed for two or more different persons within a (2) Every public contract also shall contain a clause or condition that all period of one year. employers working under the contract are subject employers that will 12. Assumes financial responsibility for defective workmanship or for comply with ORS 656.017 or are exempt under ORS 656.126. service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability relating to the labor ORS 279B.235 Condition concerning hours of labor. (1) Except as or services to be provided. provided in subsections (3) to (6) of this section, every public contract 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 City of Ashland BUSINESS REGISTRATION 20 E Main St. Expiration Date Ashland, OR 97520 06i01201 Business Account ID This is a registration only. It is the sole responsibility of the applicant to ensure compliance 018777 with all applicable federal, state, and local laws, ordinances, or regulations. Renewal fees will automatically apply each year on July 1 unless the City is notified that you are no longer doing Business Location business in Ashland. 20 EAST MAIN.ST DOUGLAS M MCGEARY ATTORNEY AT LAW ASHLAND, OR 97520 DOUGLAS M MCGEARY ATTORNEY AT LAW 2 N OAKDALE AV MEDFORD, OR 97501 Ap&, lob, U-1 -9 POST IN A CONSPICUOUS PLACE NON-TRANSFERABLE i ) ® DATE (MMIDD/YYYY) ACCRo CERTIFICATE OF LIABILITY INSURANCE 7/5/2018 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 have ADDITIONAL INSURED provisions or 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 NAME."' Ter Friend Protectors Insurance, LLC PHONE 541-842-2958 a/c No :541-772-1906 P.O. Box 4669 E-MAIL No E,t); Medford OR 97504 ADDREss: ter rotectorsins.com INSURERS AFFORDING COVERAGE NAIC # INSURER A : American Fire and Casual 24066 INSURED MCGEA-1 INSURER B : Douglas M McGeary INSURER C : Attorney at Law LLC 2 N Oakdale Ave INSURER D : Medford OR 97501-2733 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1072172946 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. F INSURANCE POLICY NUMBER MMIDDIYYYY MM/DDIYYYY GENERALLIABILITY BZA57666393 3/3/2018 3/3/2019 EACH OCCURRENCE $2,000,000 RNTED rGEN'LAGGREGATE ADDL SUBR POLICY EFF POLICY EXP LIMITS PREMISES DAMAGE OEaEoccu nce $ 2,000,000 ADE ff] OCCUR MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $ LIMITAPPLIESPER: GENERAL AGGREGATE$4,000,000 POLICY El PRO JECT El LOC PRODUCTS - COMP/OP AGG $ X ) OTHER: $ COMBINE -SINGLE LIMIT $ AUTOMOBILE LIABILITY Ea accident 1 ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED NON-OWNED $ fl AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- WORKERS COMPENSATION STATUTE ER AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Ashland, Oregon, and its elected officials, officers and employees are listed as additional insureds per BP7996 0916 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main St AUTHORIZED REPRESENTATIVE Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP 79 96 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement., SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. Broadened Coverage For Damage To Premises Rented To You C. Incidental Medical Malpractice Injury D. Mobile Equipment E. Blanket Additional Insured (Owners, Contractors Or Lessors) i F. Newly Formed Or Acquired Organizations 1 G. Aggregate Limits H. Duties In The Event Of Occurrence, Offense, Claim Or Suit 1. Liability And Medical Expenses Definitions Bodily Injury Insured Contract Personal And Advertising Injury Section II - Liability is amended as follows: A. Supplementary Payments Section A.I. Business Liability is modified as follows: 1. The $250 limit shown in Paragraph A.11(1)(b) Coverage Extension - Supplementary Payments for the cost of bail bonds is replaced by a $3,000 limit. 2. The $250 limit shown in Paragraph A.1.f.(1)(d) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section B.I. Exclusions - Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which' are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c., d., e., g:, h., k., I., m., n. and o. do not apply to "property damage". O 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of insurance Services Office, Inc.,with its permission. Page 1 of '4 2. Paragraph D.2. Liability And Medical Expenses Limits Of insurance is replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply. C. Incidental Medical Malpractice Injury 1. Paragraph, (4) under Paragraph B.1.j. Exclusions - Applicable To Business Liability Coverage - Profes- sional Services does not apply to "Incidental Medical Malpractice Injury" coverage. 2. With respect to this endorsement, the following is added to Section F. Liability And Medical Expenses Definitions: a. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services (1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or _ (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. b. This coverage does not apply to: o {1} Expenses incurred by the insured for first-aid to others at the time of an accident. and. the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (2) Any insured engaged in the business or occupation of providing any of the services described under a. above. (3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation N of providing any of the services described under a. above. D. Mobile Equipment Section C. Who Is An Insured is amended to include any person driving "mobile equipment" with your permission. E. Blanket Additional Insured (Owners, Contractors Or Lessors) 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury" "property damage", or "personal and advertising injury". 2. The insurance afforded to the additional insured is limited as follows: ° a. The person or organization is only an additional insured with respect to liability arising out of: (1) Real property, as described in a written contract or written agreement, you own, 'rent, lease, maintain or occupy; and (2) Caused in whole or in part by your ongoing operations performed for that insured, b. The Limit of insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance available under this policy, c. The insurance afforded to the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, en- gineer's or surveyor's rendering of or failure to render any professional services including: O 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 4 (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any 'occurrence that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations; new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis.. F. Newly Formed Or Acquired Organizations The following is added to Section C. Who Is An Insured: Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: i 1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or l incorporated or organized by you or the end of the policy period, whichever is earlier; 4 2. Section A.I. Business Liability does not apply to: a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the entity was ac- quired or incorporated or organized by you. 3. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. G. Aggregate Limits The following is added to Paragraph DA. Aggregate Limits Liability and Medical Expenses Limits Of Insurance: 1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. The Aggregate' Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, location means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street; roadway, `waterway or right- of-way of a railroad. H. Duties In The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition applies only when the "occurrence" is known to any insured listed in Paragraph C,1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit is known to any insured listed under Paragraph C.I. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. O 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office, lnc.,with its permission. Page 3 of 4 1. Section F. Liability And Medical Expenses Definitions is modified as follows: 1. Paragraph F.3. is replaced by the following: 3, "Bodily Injury" means bodily injury, sickness; disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these;, and including death resulting from any of these at any time. 2. Paragraph F.9. is replaced by the following: 9. "Insured contract" means: a, A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; o~ N e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f, does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or ° (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including 'those listed in (2) above and supervisory, inspection, architectural or j i engineering activities. 3. Paragraph F.14.b. Personal And Advertising Injury is replaced by the following: b. Malicious prosecution or abuse of process; O 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 Purchase Order Fiscal Year 2019 Page: 1 of: 1 Fil~'~~1~ 6tllr~~l~l~~~t'=L' ~A~=~7 RL lkl-~ B City of Ashland I ATTN: Accounts Payable L 20 E. Main Purchase L Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Legal N MCGEARY, DOUGLAS M I 20 East Main D 2 N OAKDALE AVE P Ashland, OR 97520 O MEDFORD, OR 97501 T Faone: 5/488 209250 R O 541 779-4647 Kris Bechtold ----a-rd = = i - _ - 07/11/2018 912 FOB ASHLAND OR/NET30 City Accounts Pa able Legal Services 1 Attorney Services 1 $20,000.0000 $20,000.00 Personal Services Contract ( rovided by Doug) Effective date: June 30, 2018 Expiration date; June 30, 2019 Project Account: GL SUMMARY*********** 010300 - 604140 $20,000.00 f,< f gyp Date: Autiibrized Signature T"__ = - $20,000.00 FORM #3 ~ CITY OF ASHLAND A , quao,s rs A~ RE Q U I S 1 T 1 Date of request: 06130/2018 Vendor Name Douglas M. McGeary Address, City, State, Zip 2 N. Oakdale Avenue, Medford, OR 97501 Contact Name Douglas M. McGeary 541-779-4647 Telephone Number doug@douglasmmcgeary.com Email address SOURCING METHOD 2 Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Attorney Services Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach co of council communication If council a roval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Date approved by Council: ❑ Direct Award (Attach copy of council communication) Contract # El VerballWritten 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 $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost $ 20,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Legal - Personal Services Contract p ❑ Per attached quotelproposal TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number - - _ - _ - - Account Number 010300 60414 $ - Project Number _ _ _ _ _ - - Account Number _ _ _ _ _ _ _ _ _ - $ _ , _ _ _ , _ _ _ • _ Project Number Account Number $_r___,___•_ IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form, l certify that the Cftls public contracting requirements have been satisfied. 1T Directo Date Support -Yes /No Employee: Department Head: Eq t greaterthan $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: NO F' arrce Director Equal to or greater than $5,000) Date Comments: Form 413 - Requisition { fj 1 IL{!~ K too 1 .~1 9 ~ y~y 1 O) 1 cr) 4 0~j c: f V i s U• ~ L Ca 0 V a ; o t, .r Q K c t! N W 7 ~y a ~r z Z FP 01 D Z , C: 0 w cj 0 u] ul ~ a. iri Y ~ ~ N . .:I k 111 r _