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Home My WebLink About2004-194 Contract - Beery ElsnerCITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: (541) 488-6002 FAX: (541) 488-5311 PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $25,000 CITY OF SHLAND CONSULTANT: Tom Sponsler, Berry, Eisner & Hammond LLP ADDRESS 1750 SW Harbor Way, Suite 380 Portland, OR 97201 TELEPHONE 503-226-7191 FAX: 503-226-2348 BEGINNING DATE: September 2, 2004 COMPLETION DATE: September 3, 2004 COMPENSATION: $180 per hour for legal/consultation not to exceed four hours, plus $500 travel time plus reimbursement for meals, mileage and lodging SERVICES TO BE PROVIDED:: Educational presentation on Charter Review process for the Charter Review C, ommittee ADDITIONAL TERMS 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, furnish 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 ,.ervice 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 279.31:2, 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 contracL 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 be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contract~elation be,~i~ the assignee or subcontractor and City. BY ,'JcJJ)l, cj¢ BY /J-.) .-. ~,,(,..,,,,,,,'~_,.,_,,,~'~, CiTY ADMINISTRATOR Or Social Security # OR BY FINANCE DIRECTOR DATE: CONTENT REVIEW: ~..t~ CITY DEPAF,TMF__.~T HEAD ACCOUNT# PURCHASE ORDER # (for City purposes only) CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$25,000 0FORMS\contract for personal services)(rev'd 1/O4) City of Ashland LIVING WAOE ',~[iJ[~Jper hour effective June 30, 2004 (Increases annually every June 30 by the Consumer Price Index) For all hours worked under a service contract between their employer and the C, ity of Ashland if the contract exceeds $15,964 or more. For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $15,964. If their employer' is the City of Ashland including the Parks and Recreation Department. In calculating the living wage, employers may add the value of health care, retirement, 401K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland,or.us. Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all employees. CITY OF -AS H LAN D CITY OF ,ASHLAND 20 E MAIN ,ST. ASHLAND, OR 97520 (541) 488-5300 RECORDER' S COPY DATE 8/25/2004 Page 1 / 1 I . ·PO·NUMBER ... 05373 VENDOR: 006105 BEERY, ELSNER,& HAMMOND LLP, ATTORNEYS, 1750 SW HARBOR WAY SUITE 380 PORTLAND, OR 97201-5164 SHIP TO: City of 'Ashland (541 ) 488-6002 20 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: 9/2/1940 Special Inst: Req. No.: Dept.: ADMINISTRATION Contact: Ann Seltzer Confirming? No : Q'uantity:.ii:'.!,, :unit. " ,,:,'"',:i":":i:.::::.'i::.i.'i::..':' ..... :' ":,, :'DeSCription Unit THIS IS A REVISED PURCHASE ORDER ' ......... ""'"'... :....~'"""' ".:. BLANKET PURCHASE.ORDER. " "' ' ' ::.~'.] :.] :~i '~ ::::::::::::: :::::::: ::::::::::::::'::::::.:::'.:;~: ! ': ]~::: ':'::".?:'::.:~'.:. "':] ~'.:'...':.'.'::ii:. "':..i~ .'~': '..:: '.. 4~00i Hour Consultant to PrOvide educational · ' '.. ;". ?;:i'::.;':?"....':..'.: :'..."' Pr.eSentati°n;;0'n.'Charter Review process for the Charter Review Committee. · .." ..;:'~::::.?.':'::"::':'";:'::':': :. . .: '" Compen'sati0n:,'.:.:'$180.00. . . per hour for :.;";: ::.!i'::';:;ii~::"i:..::';::.:~.':'::;.i' ~.:.;?:':.'i;:;ii ;:i?:.i ::':;..;::;:~:ii';:. ;:~':..;':!ii:.;':.;:ii::.'";:.?":';..'·;'::: · ··· ··· · legal/consultation not to exceed four · .: ..:.' .;'i.'?i !.i':: ~..:' :.:::. '.;.": .h~Ursi'..;!;:~;..:~...i: :::::.:~ii:,.:.;.:.?:: ...i.:..:..:. Plus $500 travel time, plus '.:'.'.' ?;.':::'~:"; .. : reimbursernent for meals, mileage, and lodging. PSK Beginning date: September 2 2004 Completion date: September 3, 2004 ·...... Price Ext. Price 180.00 720.00 500.00 SUBTOTAL 1 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 1,220.00 ASHLAND, OR 97520 ;7; ': ...?:;.'::::;:.'i'i.. ":Account'Number. · ,i'.'.i.' '.' ':' AmOunt Account Number Amount E 710.01.02.00.604100 1,220.00 , /'///' Authorized Si~lnature VENDOR COPY REQUISITION FORM THIS REQUEST IS A: r-I Change Order(existing PO # ___ CITY OF -ASHLAND Date 0f Request: i ~/2..,,~/~ L//I Required Date of Delivery/Service: I c)'/~_.~/~) ¢ Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location Services Only Description Total Cost Solicitation Process: ~ Exempt ~ 3 Written Quotes (copies attached) ~ Sole Source ~ Invitation to Bid (copies on file) ~ Less than ~ Recluest for $5000 Proposal (copies on file) .J Project Number Account Number '7j'/.2- J)_l-_!~ ~L_)-/~__~_~/~...O *P/ease attach the Origina/ signed contract ~nd Insurance certificate, Materials Only Item # Quantity Unit Description Unit Cost Total Cost Project Number .................................................................................................................................................. Account Number .... *P/ease attach the quotes. Employee Signature ~ ./ SupervisoflDept. Head Signature: NOTE: By signing this requi-sit-i'on form, I ~lify that the~bo~e request meets the City of Ashland Solicitation Process requirements and can be provided when necessary. G:Finance\ProcedurCAP\Forms\8_Requisition form.doc Updated on:07/15/02