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HomeMy WebLinkAbout2004-168 Contract - Lawrence Watters ITY OF LAN D PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $25,000 CITY OF ASHLAND Legal Department 20 East Main Street Ashland, Oregon 97520 TELEPHONE: (541) 488-5350 FAX: (541) 552-2092 BEGINNING DATE: July 2004 COMPENSATION: $50 per hour; no mileage/travel time. CONSULTANT Lawrence Watters 520 Terrace Street Ashland, Oregon 97520 TELEPHONE: (541) 482-6150 FAX: COMPLETION DATE: June 30, 2005 SERVICES TO BE PROVIDED: Legal research, brief preparation, and other projects as assigned by the city attorney. ADDITIONAL TERMS: Time limit on number of hours worked may be applicable on particular projects. CITY AND CONSULTANT AGREE: 1. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, fumish all labor, equipment and materials required for the proper performance of such service. 2. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and workerlike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 3. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 4. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 5. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279.312, 279.314, 279.316 and 279.320 are made part of this contract. 7. Living Wage Requirements: If the amount of this contract is $15,964 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the attached notice predominantly in areas where it will be seen by all employees. 8. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: This contract may be terminated by City by giving ten days written notice to Consultant and may be terminated by Consultant should City fail substantially to perform its obligations through no fault of Consultant. 10. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 11. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall bo void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contract~td~lation b~r~n the assignee or subcontractor and City. CONSULTANT: CITY OF,~AN~.~:Z~ Lawr~ce Watters ' CITY A'DMINISTRATOR TITLE DATE _---'~'--, ~:~ Federal ID # Or Social Security OR FINANCE DIRECTOR DATE: '-')- ~ L~- Oz...i /_ ~ ~' ~ CO.T ,T, V, VV: /C_,f'r'Y DEI~AI~EICT HE"'A~ DATE: ~'~""//./'-¢¢ '' t / Ae Oo,v # PURCHASE ORDER fl ~/'~"7~ (for City purposes only) CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$25,000 (\FORMS\contract for personal servicesXrev'd 1/04) LAWRENCE WATTERS 520 Terrace Street Ashland, OR 97520 (541) 482- 6150 l awrence_watters@hotmail.com EXPERTISE Civil Practice, Environmental Law, Land Use Law, Municipal Law, Water Law PROFESSIONAL EXPERIENCE Attorney Office of the Solicitor Environment, Land and Minerals Washington D.C./Ashland, OR Fall 20133 - Present Attorney Counsel, Lecturing Ashland, OR / Seattle, WA 2000-2003 Legal Counsel Columbia River Gorge White Salmon, Washington 1991 - 1999 Assistant Attorney General State of Washington Seattle, Washington 1977-1991 EDUCATION UNIVERSITY OF WASHINGTON School of Law Seattle, Washington LLM WILLAME3TE UNIVERSITY School of Law Salem, Oregon JD UNIVERSITY OF WASHINGTON Seattle, Washington BA, Honors in History, Phi Beta Kappa FELLOWSHIPS Fulbdght Scholar Environmental Law University of Oslo Oslo, Norway SPECIAL TRAINING HARVARD Law School Cambridge, Massachusetts Certificate - Dispute Resolution and Negotiation, Summer Program INTERNSHIPS Benton County District Attorney Corvallis, Oregon City Attorney City of Port Angeles Port Angeles, Washington SELECTED LITIGATION Oregon Supreme Court Dodd v. HoodRiver County, 317 Or 172, 555 P2d 608 (1993) (upholding forest resource classification) Oregon Court of Appeals Miller v. Columbia River Gorge, 118 Or App 553, 848 P2d 629 (1993) (rejecting taking claim in denial of development to protect scenic resources) Murray v. Columbia River Gorge, 133 Or App 461,891 P2d 1380 (1995) (upholding civil penalty for damage to Native American cultural site) Washington Supreme Court Munns v. Martin (1997) ..__Wn2d__, __P2dm (1997) (overturning landmark designation on constitutional grounds) (counsel for the National Trust for Historic Preservation) Schaefco vo Columbia River Gorge, ._.Wn2d__, ~P2d~ (1993) (upholding dismissal of challenge to denial of development) Washington Court of Appeals Tucker v. Columbia River Gorge, 73 Wn App 74, 867 P2d 686 (1994) (upholding dismissal of challenge to denial of development) State v. Light/e, __Wn2d__, ~P2d__(1997) (upholding constitutionality of Washington's archaeological resources protection act) Federal District Court Klickitat County v. Columbia River Gorge, 770 F Supp 1419 (ED Wash 1991) (vacating injunction and allowing promulgation of the Columbia River Gorge National Scenic Area Management Plan) tV. Birkenfeld Trust v. Columbia River Gorge, 827 F. Supp. 651 (E.D. Wash. 1993) (upholding dismissal of challenge to open space and sensitive area designation) Ninth Circuit Court of Appeals Columbia Gorge United v. Yeutter, 960 F2d 110 (9th Cir 1992) cert. denied sub nom, Columbia Gorge United v. Madigan, 506 U.S. 863 (1992) (upholding constitutionality of Columbia Rive~r Gorge National Scenic Area Act) Broughton Lumber Co. v. Columbia River Gorge, 975 F2d 616 (9th Cir 1992) cert. denied 114 S.Ct. 60 (1993) (upholding dismissal of taking claim regarding proposed river development) U.S. Supreme Court Suitum v. Tahoe Regional Planning Agency, ~ U.S. _ (1997) (upholding ripeness of taking claim regarding transfer of development rights) (amicus curiae in support of Tahoe Regional Planning Agency and Richard Lazarus, Georgetown University Law Center, special counsel) PUBLICATIONS Environmental and Natural Resources Law, Columbia River Gorge, Oregon State Bar Associiation (2002) Colloquium On Dolan, 25 Environmental Law 111 (1995) The Taking Issue In The Ninth Circuit, 24 Environmental Law 1325 (1994) Colloquium On Lucas, 23 Environmental Law 869 (1993) The Protection Of Critical Areas, Washington State Bar Association (1992) SPECIAL COMMENDATIONS Columbia River Gorge (for successful litigation) Tahoe Regional Planning Agency (for assistance in litigation in the U.S. Supreme Court) REFERENCES William Hannaford Counsel Northwest Power Planning Council Portland, Oregon 503-222-5161 Elizabeth Merritt Counsel National Trust for Historic Preservation Washington, D.C. 202-588-6000 Kristine Olson U.S. Attorney for Oregon (1992 - 2000) Portland, Oregon 503-727-1000 Heather Sibbison Attorney Patton and Boggs Washington D.C. 2O2-457-60OO Professor William Rodgers School of Law University of Washington Seattle, Washington 206-543-5182 Marcia Wiss Attorney Hogan and Hartson Washington D.C. 202-637-5429 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541 ) 488-5300 CITY RECORDER'S COPY Page 1 / 1 05273 VENDOR: 005817 WATTERS, LAWRENCE 520 TERRACE STREET ASHLAND, OR 97520 SHIP TO: City of Ashland 20 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: 7/1/2004 Special Inst: Req. No.: Dept.: ADMINISTRATION Contact: Michael W. Franell Confirming? No BLANKET PURCHASE ORDER begal msearcb~ b !el p[epa[atloa~ and other projects as assigned by the City $50.00 per hour; no mileage/travel time PSK Completion date: June,..30, 2~0~ ,,,~,~,,,,,,,,,~.~,,,~,,,' SUBTOTAL 5,000.00 BILL TO: Account Payable T~ 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 5,000.00 ASHLAND, OR 97520 E 710.01.03.00.604140 5,000.00 Authorized Signature VENDOR COPY REQUISITION FORM THIS REQUEST IS A: ~-] Change Order(existing PO #~ CITY OF .-.ASHLAND Date of Request: Required Date of Delivery/Service: Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location Services Only Description Total Cost Solicitation Process: ~.,.~,.-.,om,, ..,,',._~-~-:~"-~'--- ~ ~% :: :..: :.' '! · r-] Exempt I--} 3 Wlritten Quotes C:) (copies attached) .-::~_~?~ N"~ ~,-.~. c>,~,,~ r'~&'-~''''~ ": ~_.~_~~ s__~.~.-~_. ~.~-~,,~,-~--~)'-- ~-:-- ~-~-%'\-~--- ' ':: [--I Sole Source r-] Ir{vitation to Bid i : (copies on file) ,~',',:~ ,~'~'~'""-~o- ' · .' $ ~, C~°~. c~ ~ Less than ~ Request for : $5000 Proposal (copies on file) , Account Number'~ _~_-©'~. L~ ~-,£~_~ ~ ~-\ o *Please attach the Original signed contract and Insurance certificate. Materials Only Item # Quantity Unit Description Unit Cost Total Cost Account Number - NOTE: By signing this requisition form, I codify that the aboVe request meets the City of Ashland Solicitation Process re/o~remen~ ~nd ~an be ~rovided when necessary. G:Finance\Procedure~,P\Forms\8_Requisition form.doc Updated on:07/15/02