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HomeMy WebLinkAbout2011-252 Contract AMND - Harrang Long Gary Rudnick C.ROBERT STERINGER HARRANG LONG-GARY • Admitted in Oregon and Washington ATTORNEYS bob.steringe rQharrang.com PORTLAND OFFICE CONFIDENTIAL ATTORNEY/CLIENT COMMUNICATION —NOT SUBJECT TO RELEASE UNDER THE PUBLIC RECORDS ACT September 20, 2011 VIA EMAIL Martha Bennett City Administrator CITY OF ASHLAND 20 East Main Street Ashland, OR 97520 Re: Amendment Engagement for Legal Services Dear Ms. Bennett, This letter follows our email correspondence earlier this month, in which we discussed the fact that the process for negotiating and approving a potential agreement with the Mt. Ashland Association has required more legal work than anticipated in our original budget. We therefore request that our Engagement for Legal Services set out by letter dated July 28, 2011, be amended to provide that the fees under this engagement will not exceed $15,000 without a written amendment to the engagement agreement. If the City agrees, please countersign on behalf of the City and return a copy to me. Thank you, again, for the opportunity to represent the City in this matter. 'y C. Robert Steringer RS/jw The undersigned agrees that the Engagement for Legal Services set out by letter dated July 28, 2011, is amended to strike the last sentence of the second paragraph and replace it with the following: "The fees under this engagement will not exceed $15,000 without a written amendment to this engagement agreement All other terms of the July 28, 2011, En gement for Legal Services will remain in effect. Date: ` l/t/ CI L By: _ 1001 SW FIFTH AVENUE,W FLOOR 360 EAST 10r"AVENUE,SUITE 300 333 HIGH STREET NE,SUITE 200 PORTLAND,OR 97204-1116 EUGENE,OR 97401-3273 SALEM,OR 97301-3632 PH 503.242.0000 PO BOX 11620 PH 503.371.3330 F 503.241.1458 EUGENE,OR 97440.3820 F 503.371.5336 PH 541.485.0220 _ F 541.686.6564 QZ -- r 1 YZ •5 ASHLAND CITY O F CITY RECORDED? Page 1 ! 1 DATE ! i i:PO NUMBERa.+ 20 E MAIN ST. 8/3/2019 10363 ASHLAND, OR 97520 (541)488-5300 VENDOR: 011490 SHIP TO: City of Ashland HARRANG LONG GARY RUDNICK PC, ATTORNE` (541)488-6002 1001 SW FIFTH AVENUE STE 1650 20 E MAIN STREET PORTLAND, OR 97204 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net - Dept.: Req.Del.Date: Contact: Diana Shiplet Special Inst: Confirming? NO `Unit Pnce o u� 4uanti ,. -.,cUmt . ,.. ,� .r.,n r W :. • ? _�DisLn lion . . ��r,' + `�` �� '.i Ext Pilce��,.,,� THIS IS A REVISED PURCHASE ORDER Legal services in connection with a 7,500.00 potential agreement with Mt Ashland Association Per attached confidential engagement letter for legal services dated July 28, 2011. Processed change order 09/21/2011 7,500.00 Increase in services/cost as per attached Amendment Engagement for Legal Services SUBTOTAL 15 000.00 SILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 15,000.00 [ ASHLAND, OR 97520 E:•�Account,Number—, _.5-.. �t . .. q°.:s rr `. " "i. .,-,A. „q,-.� ..f-�..,�-r,�. � ' -, Amount• -r -Pro ecb:Number. E 710.01.03.00.604100 15 000.00 Authonz6ff Signature VENDORCOPY I ruxivi liu I L I T T U F CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND Request for a Change Order Name of Supplier I Contractaj 1 Consultant: }{arlru LpK� (—t � nt �r k Total amount of this `t C0vtACkJcVS•*- la� D contract amendment: Purchase Order Number: 103 fo 3 Title IDescri Description: u/ $ 7500 p k�j� �t Vt2R8 in CkxutrEEi a u�a Ge_"`ems x,t�-. ps.d ❑ Per attache contrac amendment Contract Amendment Original contract amount $ -7 5_0 100 %of original contract Total amount of orevious contract amendments %of original contract Amount of this contract amendment -75-00 %of original contract TOTAL AMOUNT OF CONTRACT $ 1 5'000 %of original contract In accordance with OAR 137-047-0800:1)The amendment is within the scope of procurement as described in the solicitation documents,Sole Source notice or approval of Special Procurement.2)The amendment is necessary to comply with a change in law that affects performance of the contract.3)The amendment results from renegotiation of the terms and conditions,including the contract price,of a contract and the amendment is advantageous to the City of Ashland,subject to all of the following conditions:a)goods and services to be provided under the amended contract are the same as the goods and services to be provided under the unamended contract;b)The City determines that,with all things considered,the amended contract is at least as favorable to the City as the unamended contract;c)The amended contract does not have a total term greater than allowed in the solicitation document, contract or approval of a Special Procurement.An amendment is not within the scone of the procurement if the City determines that if it had described the changes to be made by the amendment in the procurement documents,it would likely have increased competition or affected award of conbacL Contract amendment is within the scope of procurement: YES NO' (If"NO",Council approval is required) Sourcing Method: SMALL PROCUREMENT-Less than$5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT.QRF or ❑Total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50 amendments s$6,000. YES I NO ❑ Total amount of cumulative amendments oial amount of original contract and cumulative ❑If"NO",amount exceeding authority requires <—25%of original contract amount or$250,000 amendments<_ $100K for Goods&Services, Council approval.Attach copy of Council whichever is less.YES 1 NO <_$75K3oFpersonal Services,<$50K for Attorn Communication. ❑If"NO',amount exceeding authority requires Fee YE NO Council approval.Attach copy of Council ❑If'NO',amount exceeding authority requires Communication. Council approval.Attach copy of Council ❑ Exempt—Reason: Communication. ❑ Exem t—Reasorl4ewC' 5.5O. /7q r INTERMEDIATE PRCICUREMENT SOLESOURCE EMERGENCY PROCUREMENT Goods&Services-$ 000 to 100 000 ❑ Total amount of cumulative amendments ❑ Written Findings:Document the nature of the Personal Services - 000 to$75.0 <25%�f odginal contract amount or$250,000 emergency,including necessity and circumstances ❑ Total amount of cu lative amendments rllever is less.YES I NO requiring the contract amendment s 25%of original contrail mount.YES 1 N ❑If'NO',amount exceeding authority requires ❑ Obtain direction and written approval from City ❑if NO',amount excee ing auth ' equires Council approval.Attach copy of Council Administrator Council approval.Attach cc ouncil Communication. ❑ If applicable,attach copy of Council Communication. I ❑ Exempt—Reason: Communication Exem t— on: I ❑ Exempt—Reasom SPECIAL OCUREMENT INTERGOVERNMENTAL AGREEMENT al amount of original contract and cumulative amendments are ❑Original contract approved by City Council. YES 1 NO ithin the amount and terms initially approved by Council as a Special Provide date approved by City Council: (Date) Procurement. YES I NO If"NO",Council approval is required.Attach copy of Council Communication. ❑ If'NO',amount exceeding authority requires Council approval. ❑ Contract amendment approved and signed by City Administrator. Attach copy of Council Communication. Project Number---------- AccountNumber]�Qg1.03"CO-(p04IIQ9 Account Number___•_ 'Expenditure must be charg a appropriate esou Lpumbers for the financials to reflect the actual expenditures accu t Attac extra pa a 'ineeded. Employee Signature: Department Head Signature: C, Funds appropriated for current fiscal year: YE / NO Finance Director ate Comments: Form#10-Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1,9/8/2011