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HomeMy WebLinkAbout2008-029 CONT AMND #2 - Harrang, Long, Gary, Rudnick FIRST AMENDMENT TO PERSONAL SERVICES CONTRACT DATED JULY 17, 2007 BETWEEN CITY OF ASHLAND, OREGON AND HARRANG LONG GARY RUDNICK P.C. Whereas, in July 2007, the City of Ashland (City), by and thru the City Administrator, approved the above-referenced Personal Services Contract with Harrang Long Gary Rudnick P.C. (Consultant) to perform legal services, specifically the defense of the City of Ashland in Mt. Ashland Association v. City of Ashland, Jackson County Circuit Court Case No. 07-27144-E(7); and, Whereas, the total cost of the above-referenced contract was limited to fifty thousand ($50,000.00) dollars pursuant to City contract rules, without further approval of the Ashland City Council; and Whereas, it is necessary to amend the July 2007 contract specified "not to exceed" amount to reflect the total anticipated cost of the litigation through the trial date; and Whereas, as regards this amendment, after reasonable inquiry and evaluation, the City Council finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned Consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the Consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. Whereas, this Contract is exempt from formal competitive selection procedures pursuant to AMC.2.52.050.E. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE that the above referenced Personal Services Contract dated July 17, 2007, is amended as follows: 1. Page 1, under the caption "ADDITIONAL TERMS" the text concerning not to exceed amount is amended to read as follows: "Total cost of this contract not to exceed $160,000.00." 2. Page 1, under the caption "COMPENSATION" the text concerning hourly rates is amended to read as follows: $345.00 per hour for Jens Schmidt and Jeffery J. Matthews, lesser amounts for other attorneys or law clerks within the firm. Rates for First Amendment to Mt. Ashland Contract / Harrang Long Gary Rudnick P. C. 1 attorneys or paralegals within the firm will be reduced by 10% for legal services. Travel rates will be reduced by 50% of the normal rate. 3. Any provision of the July 17, 2007 contract, not specifically amended or modified herein shall remain in full force and effect. HARRANG LONG GARY RUDNICK P.C. CITY OF ASHLAND ident Date: March Date: March ,2008 ,2008 FederallD # 93-0844033 Account # Purchase Order # tJ773 ~ ~r~J ko C\~~~ I ~ 3-1.(--O<f R~~ 7-'0 -tJt' First Amendment to Mt. Ashland Contract / Harrang Long Gary Rudnick P. C. 2 00I93865.DOC;1 JENS SCHMIDT Admitted in Oregon jens.schmidt@harrang.com HARRANG LONG GARY RUDNICK P.C. ATTORNEYS & COUNSELORS AT LAW EUGENE OFFICE March 3,2008 Richard Appicello Ashland City Attorney 20 E. Main Street Ashland, OR 97520 Re: First Amendment to July 17, 2007 Personal Services Contract Mt. Ashland Association v. City of Ashland Dear Richard: I have enclosed the First Amendment to Personal Services Contract signed by my firm's President, William F. Gary. Please provide me with a copy of the fully signed contract after it has been executed by the City of Ashland. ~~ J ens Schmidt JS :pam Enclosure 00193995.DOC 1001 SW FIFTH AVENUE, 16'h FLOOR PORTLAND, OR 97204-1116 PH 503.242.0000 F 503.241.1458 360 EAST 10TH AVENUE, SUITE 300 EUGENE, OR 97401-3273 PO BOX 11620 EUGENE, OR 97440-3820 PH 541.485.0220 F 541.686.6564 333 HIGH STREET NE, SUITE 200 SALEM, OR 97301-3632 PO BOX 12949 SALEM, OR 97309-0949 PH 503.371.3330 F 503.371.5336 .....~...,~.........,i..U"'.~;..""~'"'.'.~..~:d~~-"-'.;.....,.................~~._~.~~'........~.,._"'-""'''''~d''~"'''~~.-'<''''''~~~'''''-_''''.''''_'''''''-'-'-''_'-'>',___i...,,",,_:.,.&.'"'...."..,,'_,~.._......'......,~.--':~...;...~""'..,~,._ ,...JfV ~:CORDER Page 1 / 1 r4.' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 DATE 8/8/2007 PO NUMBER 07730 VENDOR: 004254 HARRANG, LONG, GARY, RUDNICK, ATTORNEY~ POBOX 11620 EUGENE, OR 97440 SHIP TO: City of Ashland (541) 488-6002 20 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: ADMINISTRATION Contact: Lee TuneberQ Confirming? No Quantitv Unit Description Unit Price Ext.Prioe THIS IS A REVISED PURCHASE ORDER LeQal representation for the City of 50,000.00 Ashland in the Mt Ashland Association (MAA) v. City of Ashland Lawsuit Contract for LeQal Services Date of aQreement: July 17, 2007 BeQinninQ date: July 17, 2007 Completion date: "Until services are no 10nQer needed" Compensation: $300 per hour for Jens Schmidt, lesser amounts for other attorneys or law clerks within the firm. Total cost not to exceed $50,000 Processed chanQe order 03/11/2008 160,000.00 First Amendment to Personal Services Contract, Dated July 17, 2007 Between City of Ashland, OreQon and HarranQ LonQ Gary Rudnick P.C. - Not to exceed $160,000.00 - Approved by City Council 03-04-2008 SUBTOTAL 210 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 210,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 71 0.01.03.00.60414( 210000.00 ~.:L-.~~~ ~k~r Authorized SiQnature VENDOR COPY for Pu REQUISITION FORM CITY OF ASHLAND TtJlS REQUEST IS A: Elf Change Order(existing PO # J.11lL) Date of Request: Ib-It '4rog Required Date of Delivery/Service: I ~~'41~ .If)M\ . \ Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name SOLICITATION PROCESS Small Procurement o Less than $5,000 o Quotes (Not required) Sole Source o Written findings attached invitation to Bid (Copies on file) Intermediate Procurement o (3) Written Quotes (Copies attached) CooDef'ltlve Procurement o State of OR/WA contract o Other govemment agency contract o Copy of contract attached o Contract # Reauest for ProDOsal (Copies on file) Soeclall ExemDt o Written findings attached Emeraencv o Written findings attached Description of SERVICES ~uvdW\U\t \1) l ' Item" Quantity Unit Description of MATERIALS Unit Price Total Cost f . ); , ,\ t .' A . ) '\ r 5 Project Number ______. ___ ~\vwt~ Vi t.~. n~ 1;.~ '1~~ W~ o Per attached QUOTE Account Number1.LO-..DJ.~. QQ. .1o.P.YJY..P · Items and services must be charged to the appropriate account numbers for the financials to reflect the ectua/ expenditures accurately. By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements, and /he documentation can be provided upon request. <<> J . . Employee Signature: SupervisorlDepl Head Signature: D:"J,NA. ~ G; FinanceIProcedure\APIFonns\8_Requisilion foon revised Updated on: 6/8/2005