HomeMy WebLinkAbout2020-042 PO 20181109- Johnson, WIlliam P. i
Purchase Order
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Ashland, OR 97520 Order# 20181109
T Phone:541/552-2010
O Email: payable@ashland.or.us
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V H CIO Planning Division
E JOHNSON,WILLIAM P. l 51 Winburn Way
N PO BOX 20263 P Ashland,OR 97520
O ROCHESTER, NY 14602-0263 Phone: 541/488-5305
R T Fax:541/552-2050
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11/27/2017 3900 Cit Accounts Pa able
Collocation Study Review
1 RESTORED: Third party review of collocation study for Planning 1 $7,500.0000 $7,500.00
Action 2017-01486, 1250 Ashland Street
Contract for Personal Services less than$35,000
Beginning date: November 8 2017
Completion date: March 15, 2018
Processed change order 04/08/2020
Tower Telecommunications Facility Site Review
Completion date: December 31,2020
Project Account
***************GL SUMMARY***************
092700-,604100 $7,500.00
——-- - —=—--
By: 5 Date: l te _ _
Authorized Signature ��ei � � $7 500.00
Kariann Olson
From: April Lucas
Sent: Wednesday,April 08, 2020 3:03 PM
To: Kariann Olson
Cc: Maria Harris; Bill Molnar
Subject: Change PO Expiration Date
Attachments: 1_William Johnson_Contract Amendment_4.8.20_Signed.pdf; 2_William Johnson_Scope
of Work_4.6.20.PDF;3_William Johnson_PO 20181109.pdf '
Importance: High
Hi Kari,
The Planning Division has a very time sensitive application that we are working on for a proposed cell tower facility. For
this type of application we are required to have a 3rd party review the materials.William Johnson has agreed to conduct
the review. Our original PO with him is attached.There are still funds available on this PO but we need to modify the
expiration date. I spoke with Lisa in Finance and she stated we could do this with a contract amendment.
The signed amendment,scope of work, and original PO is attached.
We are under FCC regulations to process the application in a timely manner and have until April 22, 2020 to conduct this
review.
Thank you so much for your assistance on this.
April Lucas, Development Services Coordinator
City of Ashland, Community Development Department
51 Winburn Way,Ashland,OR 97520
Phone: (541)552-2041,TTY(800) 735-2900
This email transmission is official business of the City of Ashland and it is subject to Oregon Public Records Law for disclosure and
retention.If you have received this message in error,please contact me at(541)552-2041. Thank you.
(. � / � �
0101- 1.
X-D
1
AMENDMENT'NO. 1
to
PERSONAL SERVICES AGREEMENT
between
THE CITY OF ASHLAND,
an Oregon municipal corporation, •
( City")
and
WILLIAM P.JOHNSON,
("Contractor")
for
TELECOMMUNICATION FACILITY SITE REVIEW SERVICES
RECITALS
r
A. The City and Contractor previously entered into a Personal Services Agreement
effective November 8, 2017 (the "Agreement") to Contractor provide third party review
of collocation study services; and
B. The City and Contractor wish to amend the Agreement to extend the term of the
Agreement.
AGREEMENT
NOW THEREFORE,in consideration of the mutual benefits and obligations set forth
herein,the parties agree as follows:
1. Amend the Completion Date as follows,with strikeout wording deleted and underscored
wording added:
*O 'l LE IO+ DATE? December 3 , ,0,20
2. This Amendment No. 1 is effective upon being signed by both parties.
3. Except as specifically modified by this Amendment No. 1,the terms and conditions of the
Agreement remain in full force and effect.
IN WITNESS WHEREOF the parties have caused this Amendment No. 1 to be signed in their
respective names by their duly authorized representatives as of the dates set forth below:
Page 1 of 2: Amendment No. 1 to Personal Services Agreement
CITY OF ASHLAND, OREGON _ WILLIAM P.JOHNSON
(CONTRACTOR)
By: By: .R7`
Printed Name: Bill Molnar Printed Name: William P. Johnson
Title: Community Development Director Title: RF Engineering Consultant
Date: April 8, 2020 Date: April R, 2f2n
Page 2 of 2: Amendment No. 1 to Personal Services Agreement
#
William P Johnson
PO Box 20263
Rochester, NY 14602-0263
April 6, 2020
Mr. Aaron Anderson, Assistant Planner
City of Ashland, Community,Development
51 Winburn Way
Ashland Oregon 97520
RE: Smartlink LLC
Proposed Tower Telecommunications Facility,Site Review
Your Project Number PA-T1-2020-00097, 390 Stadium
Dear Mr. Anderson,
In\response to your email inquiry, I am pleased to submit the following
information regarding engineering services for telecommunication facility site review.
The following pages provide an introduction, a proposed Statement of Work- and
Engagement Agreement (SOW) for engineering services, and my resume. If you are
authorized to enter contractual agreements, you can accept this SOW by signing the
SOW signature page and faxing it to the number indicated.
I am admitted to practice law in the'State of New York. In order to eliminate any
possible confusion please be aware that the attached proposed Statement of Work for
engineering services does not, constitute an offer to provide legal services and, if
accepted, does not establish any attorney-client relationship. Since there is no
attorney-client relationship relative to the proposed non-legal services, the protection of
an attorney-client relationship generally would not exist. If you have any questions
about the limitations please let me know and consult your own attorney for clarification.
The remainder of this letter provides background information and attempts to answer
certain questions that are often posed by prospective clients.
Whenever a consultant is retained to assist your municipality, their
reputation and integrity will reflect upon your board and your community. You
may encounter some firms and individuals that -either purposely or through
incompetence confuse municipal staff and the public, generate controversy, and waste
a client's time on alternate sites or technology solutions that are not viable under the
pretense of a thorough review. By contrast, I strive to keep the options presented to my
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City of Ashland, Community Development 4/6/2020
clients realistic, viable and technically sound. I never demand bureaucratic compliance
with self-created arbitrary and burdensome checklists of irrelevant detailed
requirements external to the municipal code requirements when sufficient information is
otherwise available. While disagreements between tower project sponsors and a client
arise due to competing goals, your consultant must strive to keep the discussions both
professional and meaningful on your behalf with the goal of.a thorough review under
reasonable and necessary costs. Other consultants may take a different approach.
c You should carefully vet any potential consultant for their mode of operation, integrity
and reputation. There are ways to collaboratively reach a good solution without feigned
litigious hostility, showmanship, generation of poor community relations, and gratuitous
billable hours. My qualifications, experience, and demonstrated ability to build
consensus can help you develop a sound record of substantial evidence upon which to
base your decisions and avoid an unfortunate community-damaging experience.
GENERAL BACKGROUND AND QUALIFICATIONS
My full-time professional responsibilities center on telecommunications, wireless
technology and law. This expertise and extensive experience is regularly applied on
behalf of municipal and resident association clients. By way of introduction, I am a full-
time faculty member in the Electrical-Computer-Telecommunications Engineering
Technology Department at Rochester Institute of Technology, and director of the
graduate M.S. program in telecommunications engineering technology. I hold graduate
degrees in electrical engineering and law. My teaching assignments include courses in
radio-frequency (RF) systems, telecommunications systems, and law. I joined'RIT after
a series of engineering positions in the RF/microwave industry. I have worked as an
independent consultant since 1989 for several electronics manufacturing companies
and, since 1997, with numerous municipalities in New York and elsewhere, and a few
resident associations, to provide RF consulting services related to the review of
cellular/PCS, broadcast and communication tower special use permits and zoning
variance'approvals. My resume is attached.
SUMMARY OF RELEVANT EXPERIENCE
Since 1997 I have had the opportunity to serve more than 70 municipalities
involving multiple tower applications and four citizen's associations in their evaluation of
proposed telecommunication tower facilities and alternatives. Over the years I have
held positions as an RF design engineer, as engineering consultant with several
electronics manufacturers, and as staff engineer with a broadcast facility.
The services provided to municipal clients typically involve RF evaluation of
proposed tower facility plans including review of both informal proposals and
environmental impact studies created under the New York State Environmental Quality
Review Act (SEQRA) or similar during a SEQRA-like review. Other services include
monitoring of RF drive-test performance used to justify tower height requirements and
presentation of technical testimony at public hearings. In 1998 I provided zoning review
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City of Ashland, Community Development 4/6/2020
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support and subsequent expert testimony during litigation on behalf of defendant Town
of Ontario in Sprint vs. Willoth litigation in US Western District Court and on appeal to
US Circuit Court-of Appeals 2nd Circuit in May, 1999. The town prevailed in both
actions.
In 2000 I was invited to collaborate with a multidisciplinary team to author the
technology section of the New York Department of State Land Use Technical Series
publication Planning and Design Manual for the Review of Applications for
Wireless Telecommunications Facilities. This project was co-sponsored by NY-DOS
and the Town of Pittsford. The manual covered the essential technology, legal, and
zoning ,issues surrounding telecommunication tower permit applications at that time.
The manual can be downloaded from the following URL. Although many aspects of
technology and relevant law have changed since 2000, the manual still provides an
overview of considerations for municipal site review.
http://www.dos.nv.gov/Ig/publications/Wireless Telecommunications Facilities Manual.pdf
DESCRIPTION of SERVICES OFFERED:
Most municipalities already have the technical and legal expertise to assist
zoning and planning boards to evaluate the visual, environmental, and structural
concerns associated with telecommunications tower zoning. I do not duplicate those
services when they are available. Rather, building upon the level of a municipality's in-
house expertise I help fill the need for trusted and independent RF engineering
expertise. That focused expertise assists clients evaluate the unique characteristic of
proposed projects, develop alternative options and speed productive negotiations
between the service provider and the lead municipal agency. My education in
engineering and law, my experience in the RF/microwave industry, and a two-decade-
long interaction with numerous cellular/PCS service provider and industry legal, -
technical and site acquisition representatives have provided substantial background to
allow evaluation of technical documentation such as RF propagation plots and! drive-
tests — the basic RF analysis tools used to justify tower height, site selection, cell
coverage, co-location of transmitting facilities, capacity limitations, and interference '
issues.
Some examples of cellular/PCS projects include:
• Investigation of an alternate location onproposed property based on empirical
RF drive test results that allowed relocated a proposed 100' artificial tree
bordering residences to a location adjacent to land owner's facility away from
neighbors.
• Negotiation support for requests to a service provider to reconsider alternate
locations for a new 200' tower to avoid undue visual impact for the neighborhood.
• Clarification and analysis of a proposed wireless tower site where the wireless
service provider neglected to explain their reluctance to use alternative sites was
based upon an essentially unstated in-building RF coverage requirements in a
nearby commercial area where land control was not available.
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City of Ashland, Community Development 4/6/2020,
• Evaluation of a proposed 250' tower in a vacation area that would have required
FAA lighting that lead to a recommendation of reduction to 150' (the municipality
decided to permil199' to allow collocation opportunities).
• Site analysis and RF drive test monitoring that resulted in reduction of an
originally proposed 250' lattice tower to 135' to remove FAA lighting requirements
and reduce the visual profile of the tower.
• Evaluation of a new digital broadcast tower proposal to address the concerns of
area residents related to interference and NIER exposure. Part of the project
included the test plan. development and execution ,to obtain base-line signal
intensity measurements in the area and a follow-up set of tests three years later.
• Verification and interpretation of RF drive tests that led to a 20 foot reduction in a
"stealth" co-location structure proposed by three service providers.
• Review of documentation for an initial zoning variance application that was
shown insufficient to justify the siteand failed to prove need.
• Analysis of RF propagation plots (RF signal coverage simulation) leading to the
conclusions that- an alternate existing site may be more viable than originally
presented by a speculativejower company.
• Review of a proposed 185"tower in a rural residential area that was later shown
to be viable at 145' by RF drive test evaluation. The site was subsequently
placed in operation for three providers without any additional height.
• Negotiation of alternate antenna deployment that led to the use of "flush-mount"
antenna arrays to reduce visual cross-section on a monopole tower.
• Review of service provider documentation that revealed an error in RF
propagation analysis that allowed approval of a tower that was 50' shorter than,
that originally proposed by the applicant.
• Review and assist a town attorney in re-writing a town tower law to,protect town
planning goals, preserve aesthetic requirements, and speed special permit
application review.
While the outcome of each of these example projects ultimately turned on the specific
facts and their interpretation by my clients, these examples demonstrate some of the
ways that meaningful discussions can lead to the consideration and analysis of
alternate sites for potential reduction of visual rand environmental impacts of cell/PCS,
broadcast and communication tower site selection. Most of these outcomes were
accomplished with the cooperation of the project sponsors and without resorting to a
formal SEQRA environmental impact study or any additional legal process.
In practice, service providers and other wireless communication system
designers configure their networks based upon proprietary marketing and business
information within the technical limitations of their equipment. On behalf of my clients, I
always seek to maintain an'open and working dialog,with the appropriate personnel to
ensure that the best available options are presented to the lead agency reviewing the
proposal. While it is my opinion that-it is usually not appropriate for an outside party to
re-engineer,an applicant's proposed communications network, alternative sites and
mitigation measures to reduce tower height or modify tower location can be readily
evaluated by an independent party- especially when preferred areas or site designs are
identified by the municipality and residents. When more information is needed, or when
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City of Ashland, Community Development 4/6/2020
such an evaluation identifies issues that need to be addressed, these can be discussed
with the project sponsor's technical personnel and brought to the municipality agency
for discussion. Highly engineered systems such as cellular/PCS/AWS, LTE, broadcast,
and trunked communication systems rarely can be optimized to meet all technical,
business, and environmental goals. However, acceptablecompromises between these
goals can usually be found when all the, facts are in the open and meaningful
discussions take place. Collaborative problem solving will become more crucial as the
cellular/PCS industry expands "5G" digital data technology deployment and moves to
fill-in weak coverage and inadequate capacity.areas. Wireless mobile use has been
growing at unprecedented rates. Knowledgeable sources in the last ten years hint that
in the near-term there will be a need for two or three new base station sites for every
one existing site. Some of the new sites will be in the form of co-location sites on
existing structures and "micro" sites on utility poles or buildings. Some of the new sites
will require new towers or "stealth" structures. The services I offer can substantively
assist your review of proposals for these projects.
The following are some other items on which some clients have requested
specific information in the past and which may be of interest to you.
KEY PERSONNEL:
Regarding engineering services, I work independently under my own name as an
independent consultant and sometimes partner with full-service
civil/mechanical/environmental engineering consulting- firms on a project-by-project
basis to provide them with expert radio-frequency services that enhance the services
provided to their municipal clients and mine. As part of my teaching commitment to my
students at Rochester Institute of Technology, from time to time I involve one or more
students in the work I perform. In all cases I perform the work, but the opportunity for a
student to observe the dynamics of permit application, technical review, and the ,
subsequent municipal deliberations enhances their preparation for full-time engineering
employment in the telecommunications field. Such exposure provides experience that
is simply not available in the classroom. No confidential or proprietary information is
ever released to a student without the owner's permission.
STATEMENT OF NO CONFLICT:
Many wireless service providers, at least in the Rochester, NY, region, are
familiar with my work and reputation. Sometimes they are asked by municipal staff for a
recommendation for a consultant and they provide my contact information as a
courtesy. It is possible that you may have received such,a referral. If so, be assured
that I have never worked for and have no conflict of interest with any wireless
telecommunications applicants or communication service providers. While some
municipal clients for whom I have worked have sought reimbursement under municipal
laws and zoning codes, I am retained by the municipality - not by the tower applicant. I
have cellular service with AT&T Mobility (formerly Cingular Wireless in the 'Rochester,
NY region) as one of their regular paying customers. I currently serve as a volunteer
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City of Ashland, Community Development 4/6/2020
director with Mars Hill Broadcasting Network, a New York not-for-profit corporation that
owns several full-power and low-power FM broadcast stations in New York state.
HOURLY RATES:
Please refer to the attached "Statement of Work" and "Schedule.A" for rates and
terms. Billing will be performed no more often than 30-day intervals. Work undertaken
and each Statement of Service will contain sufficient detail to permit scrutiny to assure
work billed is necessary and reasonable to supplement your existing review authority.
Subject to review and advice of your own attorney, New York case law has established
that fees incurred in connection with application review must be both reasonable and
necessary, and not incurred merely for the convenience of the reviewing board or for
municipal revenue-generating purposes.'
OTHER INFORMATION:
1. Although it has never been an issue in the numerous cases with which I have
been involved, I do not have access to the same propagation software and
system information used by the service providers, equipment vendors or
contractors. Therefore, I do not offer to provide independent design of
cellular/PCS/AWS/LTE, broadcast, or other telecommunication systems. In the ,
unlikely event this was ever deemed necessary there are independent firms that
can provide such supplementary design and analysis services for a fee..
( 2. Since I provide non-exclusive consulting services to other clients, perform
research, and teach classes at RIT, previously scheduled client and teaching
commitments must take precedence. Project meeting commitments will require
coordination with other scheduled work so as to avoid conflict. I strive to make
every reasonable effort to accommodate a client's request for a scheduled
meeting time. Once committed, I will reserve that time for the client's purposes.
3. My area of engineering expertise is primarily RF and microwave engineering, and
it is on such matters that I can provide service to supplement existing staff and
consultants. For example, while I am able to investigate and evaluate the
technical RF issues and implications of specific sites, the areas of public safety,
structural, and environmental engineering matters must be left to the
consideration of appropriately licensed professionals. If legal services are
requested, a separate engagement agreement proposal for those services will be
offered for your consideration.
I See MetroPCS New York,LLC v.City of Mount Vernon,2010 WL 3700845 (SDNY 7/22/2010);Jewish
Recontructionist Synagogue v.Village of Roslyn Harbor,40 N.Y.2d 158,386 N.Y.S.2d 548(2"d Dept, 1988);Twin
Lakes Development Corp.v.Town of Monroe,300 A.D.2d 573,752 N.Y.S.2d.546(2nd Dept.,2002).
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City of Ashland, Community Development 4/6/2020
4. Please be advised that I am licensed as an attorney and admitted to practice law
in the State of New York., Howeve'r,, the attached proposal for professional
services does not constitute an offer of legal services. The engineering services
offered in the present proposal are not and are not intended to be legal services.
You are notified that the protection of an attorney-client relationship does not
exist with respect to the non-legal engineering or other services. If you have any
questions about the lack of attorney-client relationship please let me know-and
consult your attorney for clarification. If legal services are required in New York,
we can discuss an engagement of those services under a different professional
services agreement.
A proposed Statement of Work for engineering services is enclosed. Thank you very
much for considering use of these services. Please let me know if you have any
questions or if there is any additional information that would help you and your staff
reach a decision. I can be reached on my cell phone (585) 201-8744, or by email at
Bill@WilliamPJohnson.com.
Sincerely,
William P Johnson
Consultant
i
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William P Johnson
PO Box 20263
Rochester NY 14602-0263
April 6, 2020
•
Mr. Aaron.Anderson, Assistant Planner
City of Ashland, Community Development
51 Winburn Way
Ashland Oregon 97520
RE: Smartlink LLC
Proposed Tower Telecommunications Facility Site Review
Your Project Number PA-T1-2020-00097, 390 Stadium
Dear Mr. Anderson,
It is my pleasure to submit for your consideration this proposal for consulting
services for radio-frequency (RF) and related aspects of the subject application.
In the following information, "Client" refers to City of Ashland, Community
Development and "Consultant" refers to William P. Johnson. "Applicant" refers
to the party or parties collectively submitting the subject special permit or other
zoning application materials. Schedule A (attached) provides the basis for
consulting fees and other costs, and is an integral part of this proposal.
Reference to "Statement of Work" or "SOW" or "Engagement Agreement" or
"Agreement" together or individually mean this document and are equivalent
terms.
Consultant is admitted to practice law in the State of New York. For purposes of
° the present Agreement please be aware that the proposed Statement of Work
(SOW) for engineering services does not constitute an offer to provide legal
services. Acceptance of this proposed Agreement does not establish any
attorney-client relationship. Since there is no attorney-client relationship relative
to the proposed non-legal services, if the proposed SOW is accepted the
protection of an attorney-client relationship would not exist. If you have any
questions about the limitations on attorney-client relationship with Consultant'
under this Agreement please immediately contact Consultant and consult your
attorney for clarification.
STATEMENT of NON-LEGAL WORK TO BE PERFORMED.BY CONSULTANT
1. Consultant will review, on a non-exclusive basis, Applicant's project
materials for a wireless telecommunications base station facility for
Statement of Work, Page 1
Aaron Anderson,Assistant Planner
Proposed Statement of Work for City of Ashland,Community Development,4/6/20
ELECTRICAL RF (radio-frequency) aspects. The purpose of the review is
to support Client's agents in finalizing their decision regarding the
application.
a. Scope of Review: Prior to the start of review, Client will annunciate
any specific areas of concerns for inclusion into the review.
Consultant will assist Client when requested to arrive at a suitable
scope of review. Otherwise, Consultant will identify the most
relevant issues for review.
b. Consultant will evaluate the RF information provided by Applicant
for completeness, consistency, and adequacy for administrative
board fact finding within the scope of review for the primary site and
any alternate sites relevant to the Client's needs.
c. Where appropriate Consultant will comment on the implications of
the system as proposed by Applicant within the scope of review.
d. Consultant will highlight information within the scope of review that,
in the professional opinion of Consultant, may require clarification
or which might otherwise be misinterpreted by Client's decision
makers.
e. Consultant will produce a written report that summarizes the
relevant findings and explains the basis for the findings.
2. As needed on a non-exclusive basis, Consultant will make reasonable
efforts to attend work sessions, public hearings, and other meetings at
Client's request provided that Consultant has no conflicting prior
scheduled commitments.
It is understood and agreed that Consultant will not re-engineer the applicant's
system. It is understood that Consultant does not have access to the same
simulation software used by Applicant or Applicant's contractors and equipment
suppliers, therefore Consultant cannot perform independent system design and
simulation. Application review will be based on the technical documentation
provided by Client and reviewed in light of the technical principles governing
systems as proposed by Applicant. If identified and deemed necessary by Client
during the review, Consultant will advise Client of costs and lead time for
procurement of RF propagation plots and/or other services from an outside
vendor. Such services and costs are not included in this SOW. Client may
decline procurement of such services. When. Client declines outside services,
aspects of the review to which they are related are deemed to have been
eliminated from the SOW.
Statement of Work,Page 2
Aaron Anderson,Assistant Planner
Proposed Statement of Work for City of Ashland,Community Development,4/6/20
CLIENT'S RESPONSIBILITIES WHEN ACCEPTING THIS AGREEMENT
Client agrees to inform.Applicant's agent(s) that Consultant's non-legal services
have been retained.
Client agrees to obtain all relevant information .and documents required for
performance of this agreement from Applicant. Client- will provide said
information and documents to Consultant before the start of- the RF review.
Client agrees to provide any materials relevant to the scope of work
subsequently produced by Applicant or Client in a timely fashion.
For municipal clients who anticipate reimbursement for costs under this
Agreement, Client agrees to make all, reasonable efforts to obtain funds from
Applicant either by advance payment into Client's municipal escrow account or
by other means determined by Client. In any case, Client agrees to delay
hearings until suitable funds are committed by Applicant and/or impose
conditions on any Applicant permit approvals to require payment of Consultant's
reasonable fees. For non-municipal clients, client agrees to maintain the
minimum escrow account balance stated in the FEES and COSTS section
against which consulting work can be billed.
DEADLINE FOR COMPLETION OF THE WORK:
Unless otherwise agreed to and stated within this Agreement, Consultant will
deliver a preliminary report to client within 4 weeks after receipt of (1) a signed
acceptance of this proposal and (2) all. other required information needed to
proceed with the application review - such as any existing tower zoning
ordinance and updated application documentation. Authorization may be
scanned/emailed to Bill@WilliamPJohnson.com.
TERMINATION
Either'Client or Consultant have the right to terminate this Agreement for any
reason, provided that written notice is' given of said termination. Email to
BiII(a WilliamPJohnson.com by Client or by Consultant to the party signing this
agreement is deemed acceptable written notice to the other party. Termination /
shall be effective upon receipt of written_ notice. Work performed by Consultant
prior to the effective termination date shall be due and payable to Consultant
upon receipt of a final statement of services:
FEES and COSTS:
Actual fees and costs for completion of all items in the proposed Agreement will
be determined according to the attached Schedule A, which is an;integral part of
this Agreement as if it was included here.
Statement of Work, Page 3
•
Aaron Anderson,Assistant Planner -
Proposed Statement of Work for City of Ashland,Community Development,4/6/20
For municipal clients, it is recommended that Client obtain funds from the project
sponsor in escrow. It is acceptable to Consultant for Client to secure $3,500 in a
municipal escrow account against which Consultant can bill work as performed.
Should the balance in the municipal escrow account drop below $500, Client will
require Applicant to deposit additional funds to replenish the escrow account to
an amount of at least$2,500.
Although a fixed not-to exceed amount cannot be established due to the wide
factual variations even between similar projects and many other variables
beyond the control of either Consultant or Client, based upon past application
reviews it is anticipated that charges for services under this Agreement will likely
not exceed $7500 per site, and total fees and costs for performance of this SOW
may be/substantially less. However,-should this amount be reached prior to
completion of work, an estimate to complete the work will be provided to Client
and further work will be suspended until Client's authorization is obtained.
Neither party will be liable to the other party for any nonperformance or breach of
this Agreement caused by any event beyond its reasonable control. This
Agreement and the rights and obligations of the parties under this Agreement will
be governed by and construed in accordance with the internal laws of the State
of New York without reference to conflict of laws provisions. In the event legal
action is necessary to enforce the payment terms of this Agreement, the
Consultant shall be entitled to collect from the Client any judgment or settlement
sums due plus reasonable attorney's fees, court costs,; and other expenses
incurred by the Consultant in' connection therewith and, in addition, the
reasonable value of the, Consultant's time and expenses spent in connection with
such( collection action, computed according to the Consultant's prevailing fee
schedule and expense policies. If any provision of this Agreement, or the
application of such provision to any party or circumstance, is found by a court of
competent jurisdiction to be unenforceable for any reason, such provision will be
modified or severed from this Agreement to the extent necessary to make such
provision enforceable against such party orin such circumstance, unless such
modification or severance would render the remaining provisions of this
Agreement inadequate to accomplish the basic purposes and intent of the
parties. Neither the unenforceability of such provision nor the modification or
severance of such provision will affect the enforceability of any other provision of
this. Agreement. This Agreement constitutes the entire understanding between
Client and Consultant concerning the subject matter of this Agreement, and
supersedes any and all other prior and contemporaneous agreements, whether
oral or written, pertaining to the subject matter of this Agreement. This
Agreement may not be modified or amended, and no provision of this Agreement
may be waived, except in writing executed by each of the parties. No failure to
exercise or delay in the exercise of a party's rights under this Agreement will
constitute a waiver of such rights.
Statement of Work, Page 4
•
Aaron Anderson,Assistant Planner
Proposed Statement of Work for City of Ashland,Community Development,4/6/20
This Agreement may be executed in counterparts by signing this acceptance
page, each of which is an original and together will constitute one andthe same
agreement. Any signature delivered by facsimile or other electronic means will be
deemed an original signature for all purposes and will be binding on the signing
party.
Proposed Statement of Work and
Engagement Agreement including
the attached Terms and
Conditions Accepted and
Authorized by:
4110
Bill Molnar William P. Johnson
Director, Consultant
City of Ashland, Community April 6, 2020
Development
Schedule A (Terms and Conditions) and Resume are attached
Please provide the following contact information:
Billing Contact Address, •
Phone & Fax
(if different)
Email address -
(for correspondence & aaron.anderson@ashland.or.us
reports)
(Please fax this signature page to 585.736.4630 or scan/email to
Bill@WilliamPJohnson.com upon acceptance)
Statement of Work,Page 5
J
William P Johnson
PO Box 20263
Rochester NY 14602-0263
585.201.8744
Schedule A January 1, 2020 (unchanged from January 1, 2019)
Non-legal Consulting Rate and Terms and Conditions
1. Based on standard four-week lead time, consulting is billed at $350 per hour
("Consulting Rate"). Time in attendance at meetings, preparing reports, and telephone
consultation time are considered consulting. Expedited schedule for work due with less
than four-week lead time (unless agreed upon otherwise) incurs a 20% premium on all
billable consulting hours.
2. Travel time to and from meetings, field sites and other obligations ("Event") related to
performance of the consulting agreements billed at the reduced rate of $175 per hour
("Travel Rate").
3. In addition to actual travel time at the Travel Rate, when Consultant must travel to an
Event a minimum number of guaranteed consulting hours at the Consulting Rate applies
,to the Event. Distances are determined by mileage from the then-current location from
which travel initiates and/or concludes(usually Brighton, NY).
DISTANCE Minimum Consulting Time
a. 0 to 10 miles: 1 hour
b. 10 to 40 miles: 2 hours
c. 40 to 100 miles: 4 hours
d. Over 100 miles: 4 hours or other specific minimum if so negotiated
4. Travel, lodging, meals, fees, and incidental expenses associated with the performance of
the consulting agreement-will be billed at cost. Vehicle mileage will be billed at the
current IRS rate.
5. Invoices for consulting and other expenses will be submitted to Client at one-month
intervals unless other arrangements are agreed upon. Municipal Clients: Invoices are due
NET 45 days from date of invoicing. Non-municipal clients: Invoices are due and payable
upon receipt from retainer funds; Client must maintain'a positive retainer fund balance at
all times for continuation of work. Some methods of retainer fund deposits incur bank
and transfer fees. All transfer fees, charges and costs related to retaingr fund deposits
are deducted from the retainer. Refund of any unused retainer funds will be returned to
Client by check and there will be no fees or costs incurred for this method of refund.
6. If requested by Consultant and upon approval of Client, Client will provide advance
payment or otherwise cover certain specific out-of-pocket expenses such as but not
limited to travel expenses, test equipment rental, procurement of RF propagation plots,
and/or air fare needed for the performance of assignments. If Client does not agree to
such prepayment, Consultant's commitment to perform specific aspects of the
assignments related to such expenses are deemed waived by Client.
7. Client agrees that Consultant's liability for any and all matters arising from performance of
the Agreement is strictly limited to the work products stated in the Agreement as long as
Consultant acts with reasonable care. Consultant's liability does not under any
circumstances extend to Client's actions based on Client's unilateral interpretation of the
work products.
Statement of Work, Page 6
RESUME
Professor William P. Johnson
PO Box 20263 Rochester NY 14602-0263
RIT Office. Consulting Office Email
(585) 475-2140 voice (585) 201-8744 voice BiII@WilliamPJohnson.com
(585) 736-4630 fax
EDUCATION:
JD (Juris Doctor), February, 2007 from University at Buffalo Law School, Buffalo, NY
MSEE (and BSEE), May 1988 (May 1981)from Syracuse University, Syracuse, NY.
BA in Philosophy and Religion, May 1976,from The King's College, New York, NY.
LICENSURE:
Admitted to New York State Bar, February, 2009.
PROFESSIONAL EXPERIENCE:
ROCHESTER INSTITUTE OF TECHNOLOGY, Rochester,NY
September 1989 to present
Professor and Graduate Program Director, Telecommunications Engineering Technology
program, Department of Electrical-Computer-Telecommunications Engineering Technology.
Teaching responsibilities include courses in linear electronics, wireless communication systems,
RF/microwave technology, and telecommunications systems. http://people.rit.edu/wpjiee/
VARIOUS MUNICIPALITIES AND RESIDENT ASSOCIATIONS
Consultant for Cellular/PCS Wireless and.Broadcasting Facility Zoning
April 1997 to present
Engineering consultation to municipal and resident associations for Cellular/PCS
Telecommunications and broadcasting facility permit applications. Services include RF drive test
( monitoring, RF propagation plot evaluation and alternate site analysis. Site selection issues such
as co-location and public health concerns are explained and presented for resolution at work
sessions and public meetings. Technical expert testimony for trial and appeal Sprint Spectrum
L.P. vs. Willoth, 176 F.3d 630 (2nd Cir. 1999) on behalf of the Town of Ontario - an important
precedent regarding the Telecommunications Act of 1996. http://www.WilliamPJohnson.com/
MUNICIPAL & ASSOCIATION CLIENTS
ADIRONDACK COUNCIL (NY) January, 2005—December, 2005
SCENIC HUDSON, Inc. (NY) May, 2007—November, 2010
TOWN of FORT ANN RESIDENT'S ASSOC March, 2001 —July, 2005
TOWNSHIP HOMEOWNER'S ASSOC. (NJ) February, 2008—May, 2008
CITY of AUBURN NY November, 2015—January, 2016
TOWN of AURORA, NY July, 2001 —March, 2010
TOWN of AUSTERLITZ, NY March, 2019-present
TOWN of BETHLEHEM, NY May, 2017—June, 2017
TOWN of BOSTON, NY - August, 1997—December, 2001
TOWN of BRIGHTON, NY December, 1999—January, 2008
TOWN of BRUNSWICK, NY ,July, 1998—September, 1999
TOWN of BRUTUS, NY February, 2001 —11/1 , 2001
TOWN of BUSTI, NY September, 2002—July, 2003
TOWN of CAIRO, NY May, 2014—Judy, 2015
TOWN of CAMBRIA, NY September, 2004—December, 2004
TOWN of CANANDAIGUA, NY June, 1997 -August, 2000
TOWN of CARLTON, NY October, 2005—December, 2005
TOWN of CAZENOVIA, NY May, 2007—November, 2007
Statement of Work,Page 7
Resume, William P. Johnson(continued)
•
VILLAGE of CAYUGA HEIGHTS November, 2005—February, 2006
TOWN of CHAUTAUQUA December, 2001 —November, 2002
TOWN of CHILI, NY March, 1998—August;2007
TOWN of CICERO July, 2008—December, 2008
TOWN of CLARKSON, NY May, 2007—March, 2013
TOWN of CLIFTON PARK August, 2007—February, 2017
TOWN of CORNING, NY February, 2002—March, 2002
TOWN of DELAWARE, NY June, 2001 —September, 2001
TOWN of DeWITT, NY January, 2008—March, 2016
TOWN of EAST BLOOMFIELD,'NY May, 1998
TOWN of ELLERY February 2002—April, 2017
TOWN of ELLINGTON February, 2007'—May, 2007
TOWN of FORT EDWARD, NY November, 2009—February, 2016
TOWN of GRAND ISLAND, NY October, 2008—December, 2008
TOWN of GENESEO November, 2006—May, 2007
TOWN of GREECE NY May, 2000—June, 2017
TOWN of GREENFIELD RESIDENT'S ASSOC February, 2002—March, 2002
TOWN of HAMBURG, NY } October, 2001 —present
TOWN of HAMMOND, NY September, 2008—November, 2009
TOWN of HARTLAND, NY May, 1998
TOWN of HENRIETTA, NY September, 2001 —July, 2008
TOWN of ITHACA May, 2009—July 2009
TOWN of IRONDEQUOIT, NY March, 2002—July, 2008
TOWN of LAFAYETTE April, 2007—May, 2007
TOWN of LOCKPORT, NY May, 2017—May, 2018
TOWN of LIMA CITIZEN'S ASSOCIATION July 1997-August, 1997
TOWNNILLAGE of LIVONIA, NY February, 2016--March, 2019
TOWN of MARION, NY October, 1999
VILLAGE of MACEDON, NY August, 2006
TOWN of MENDON, NY July, 2001 —May, 2017
TOWN of MILTON, NY July, 2018—October, 2018
TOWN of NASSAU NY January, 2017—May, 2017
TOWN of NEW HARTFORD, NY May 2014—April, 2016
TOWN of NEWARK VALLEY, NY September, 2005—October, 2005
TOWN of NORTH HARMONY, NY May, 2002—February, 2007
TOWN of OGDEN, NY December, 2000—January 2005
TOWN of ONTARIO, NY May, 1997-February, 1998
TOWN of ORCHARD PARK, NY June, 2002—July, 2007
PALMYRA(PA)TOWNSHIP _ June, 2001 —December, 2001
TOWN of PENFIELD, NY July, 1997—August, 2007
TOWN of'PITTSFORD, NY March, 1998—February, 2018
VILLAGE of PITTSFORD, NY November, 2007—June, 2008
TOWN of POLAND, NY September, 2002—January, 2003
CITY of ROCHESTER, NY March 1, 1998—.December 31, 2010
TOWN of RODMAN September, 2006
TOWN of RUSH, NY. April, 1997—April, 2000
VILLAGE of SCOTTSVILLE August, 2014—December, 2014
TOWN of SPAFFORD, NY July, 2007—October, 2007..
TOWN of STEPHENTOWN, NY June, 2001 —August, 2001
TOWN of SWEDEN, NY April, 2001 —November, 2002
TOWN of VICTOR, NY January, 2002—April, 2007
TOWN of WALWORTH, NY June, 1997—March, 2007
TOWN of WEBSTER, NY July; 1997. —October, 2009
VILLAGE of WESTFIELD •April, 2005 September, 2006
TOWN of WHEATFIELD, NY September, 2016—.October, 2016
PREVIOUS PROFESSIONAL EXPERIENCE:
Statement of Work, Page 8
V /
Resume, William P. Johnson(continued)
BEHAN PLANNING ASSOCIATES,'Saratoga Springs, NY
January 2001 — March, 2001
Served as one of three authors for the engineering sections of the NY Department of
State guide manual for wireless telecommunications facility site evaluation and placement
(release date April, 2001 through NYS Department of State):
MARS HILL BROADCASTING COMPANY, Inc., Syracuse, NY
December 1978 to present
Presently serving as a volunteer director. Past duties included service as consultant
during 1994 for technical and management-transition. Staff Engineer responsibilities through May
1980 included the design and installation and trouble-shooting of, broadcast audio and RF
transmission equipment. -
MICROWAVE FILTER COMPANY, INC., East Syracuse, NY
September 1989 to November 2002
Consultant for various RF/microwave design projects and in-plant educational activities.
June 1980 to August 1989
Chief Engineer,\Director of Engineering, and Vice President. Responsibilities included
the management and technical direction of the company's research, development, and design
engineering operation. In addition, other full and part-time employment in the electronics field
since 1971.
COMMUNICATIONS AND ENERGY CORP., Syracuse, NY
November 1992 to April 1993
Consultant for RF/Microwave circuit simulation and test.
SMITH CORONA CORPORATION, Cortland NY
July 1991 to September 1992
Consultant for high-volume product EMI/EMC design and compliance.
MEMBERSHIPS:
Institute of Electrical and Electronics Engineers (IEEE) , _
New York State Bar Association
New York State Academy of Trial Lawyers
SELECTED ACTIVITIES/PRESENTATIONS/PUBLICATIONS:
2018 IEEE International Symposium on Technologies for Homeland Security(HST)
"Applying Machine Learning in Managing Deployable Systems" (see
https://www.researchgate.net/publication/329649929_Applying_Machine_Learning_in_Managing
_Deployable_Systems)
"Providing first responders with real-time status of cellular networks during a disaster" (See
https://www.researchgate.net/publication/329648918_Providing_first_responders_with_real-
time_status_of cellular_networks_during_a_disaster)
Planning and Design Manual for the Review of Applications for Wireless Telecommunications
Facilities (New York Department of State Division of Local Government Services, March, 2001)
Johnson, W.P. and A.T.Adams"Multiple-Post Obstacles in Rectangular Waveguide: Theory and )
Experiment", National Radio Science Meeting, Program and Abstracts (Boulder, CO: January,
1989), p. 60.
Masters Thesis: "Measured Response of Various Waveguide Inductive Post Arrays Compared to
Theoretical Results", May, 1988.
•
Statement of Work, Page 9
Resume, William\P. Johnson(continued)
Co-author of The ASTI Handbook(published by Microfilco Press), a reference text on satellite
ground system interference suppression.
Developed and presented a 3-hour training course on interference avoidance and'suppression for
the Satellite Business Communications Association's (SBCA) member certification program.
Author of several industry publication articles dealing with RF/Microwave system interference
reduction and suppression
•
•
,
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Statement of Work,Page 10
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