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HomeMy WebLinkAbout2021-153 Agrmt-Johnson, WIlliam P. PERSONAL SERVICES AGREEMENT (LESS THAN $25,000) CONSULTANT: William P. Johnson CITY OF ASHLAND, ADDRESS: PO Box 20263, Rochester,NY 14602-0263 20 East Main Street Ashland,Oregon 97520 Telephone: 541/488-5305 . TELEPHONE: (585)201-8744 Fax: 541/552-5311 EMAIL: celltower@gmail.com 1 . This Personal Serviced Agreement (hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter "City") and William P. Johnson, a domestic professional corporation ("hereinafter "Consultant"), for third-party review of telecommunication facility planning applications,pursuant to Ashland Municipal Code Chapter 18.4.10. NOW THEREFORE, in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the dateof execution on behalf of the.City, as set forth below(the "Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the.City's ficial payment therefore, but not later than June 30, 2023. 2. Scope of Work: Consultant will provide third-party review of telecommunication facility application materials and collocation studies as more fully set forth in the Consultant's Proposal dated June 21, 2021, which is attached hereto as "Exhibit A"and incorporated herein bythisreference. Consultant's services are collectively referred to herein as the"Work." 3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itselfshall control over any conflicting provisions in any of the exhibits or supporting documents. 4. All Costs Borne by Consultant: Consultant shall, at its own risk,perform the Work described above and,unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. ` 5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed orbonded by the State of Oregon, are so registered, licensed and bonded. Page 1 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND William P.Johnson. 6. Compensation: City shall pay Consultant the sum of three hundred and fifty dollars per hour as full compensation for Consultant's performance of all Work under this Agreement.: In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of fifteeen thousand dollars without theexpress,written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty (30) days of the date of receipt by the City of Consultant's invoice. Shouldthis Agreement be terminated prior to ' completion of all Work, payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. Ownership of Work/D,ocuments: All Work,work product,or other documents produced in. furtherance of this Agreement belong to the City, and any copyright,patent,trademark proprietary or any other pprotected intellectual property 3right shall vest in and is hereby assigned to the Cit y• 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is $22,310.46 or more, Consultant is required to comply with Chapter 3.12,of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement Consultant is also required to post the notice attached hereto as "Exhibit B"predominantly in areas where it will be seen by all,employees. 10. Indemnification: Consultant hereby agrees to defend,indemnify; save, and hold City, itsofficers, employees, and agents harmless•from any and all losses, claims, actions, costs,'expenses,judgments, 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 Agreement by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses,expenses, actions, costs,judgments, or other damages, caused solely by the gross negligence of City. • 11. Termination: a. Mutual Consent. This Agreement may be terminated at anytime by.the mutual consent of both parties. b. City's Convenience. This Agreement maybe terminated by City at any time upon not less than thirty(30) days' prior written notice:delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at { • levels:sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable`or/appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason-denied,revoked, suspended, or not Page 2 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND William P.Johnson. renewed. • d. For Default or Breach. i. Either City or.Consultant may terminate this Agreement in the event of<a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement may be,terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City,by written notice to Consultant of default or breach,may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within any extension thereof. iii. The rights and remedies of City provided in this subsection(d) are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. 12. Independent Contractor Status: consultant is an independent contractor and not an employee of the City for any purpose. 13. Assignment: Consultant shall not assign this Agreement 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. 14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default,of any covenant,warranty, certification, or obligation under the Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under,this Agreement. 15. Insurance. WAIVED BY CITY a. Workers' Compensation. Consultant shall obtain and maintain Workers' Compensation insurance in . . . e ' . : ., - • . - - - - b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than ... ... c. General Liability insurance with a combined single limit, or the equivalent, of not less than d. Automobile Liability insurance with a combined single limit,or the equivalent, of not less than $1,000,000(one million dollars)for each accident for Bodily Injury and Property Damage,.including Page 3 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND William P.Johnson. or intent not to renew the insurance coverage(s)without thirty (30)days' prior written notice from the Consultant or its insurer(s)to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland;Oregon, excluding Professional Liability and Workers' Compensation,required herein,but only with respect to Consultant's services to be:provided under this Agreement. The consultant's insurance is 16. Nondiscrimination: Consultant agrees that no person shall, on the'grounds of race, color,religion, creed, sex, marital status, familial status or domestic partnership,national origin, age,mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil 'rights and rehabilitation statutes,rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the term of this Agreement,including any extensions hereof, comply with: (i)All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Ally tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the-State of Oregon applicable to Consultant; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction: This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district-of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue. Page 4 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND William P.Johnson. 19. Notice. Whenever notice is required orr permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier,by mailing using registered or certified United States mail, return receipt requested,postage prepaid, or by electronically confirmed at the address or facsimile number set forth below: If to the City: Community Development Department Attn: Maria Harris 20 East Main Street Ashland, Oregon 97520 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, Oregon 97520 If to Consultant: William P. Johnson PO Box 20263 Rochester,NY 14602-0263 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, EITHER ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 22. Certification. Consultant shall execute the certification attached hereto as"Exhibit C"and incorporated herein by this reference. Page 5 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND William P.Johnson. • • IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. • CITY OF ASHLAND: • William P.Johnson(CONSULTANT): By: By: (Conditional on waiver of Par. 15) Signature Signature ,44, /�� William P. Johnson • Printed Name Printed Name • 7re / Consultant • Title Title • • 7/2 6/2 July'19,2021 ' • Date • Date • (W-9 is to be submitted with this signed Agreement) f1 Aohr:D Purchase Order No. • • • • • • • i • • • • • • • • • . .% • • • • • • Page 6 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND William P.Johnson. CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAGE below must comply with City of Ashland laws regulating payment of a living wage. $15.96 per hour, effective:June;30, 2021. Fri The Living Wage is adjusted annually every June 30 by the Consumer Price Index. Employees must be paid a portion of the business of of health care, retirement, living wage: their employer, if the 401K, and IRS eligible employer has ten or more cafeteria plans(including employees, and has received childcare) benefits to the For all hours worked undera financial assistance for the employee's amount of wages. service contract between their project or business from the employer and the City of City of Ashland over > Note: For temporary and Ashland if the contract $22,310.46; part-time employees,the exceeds$22,310.46 or more. Living Wage does not apply If their employer is the City of to the first 1040 hours worked > For all hours worked in a Ashland, including the Parks in any calendar year. For month, if the employee and Recreation Department. more details, please see Ashland Municipal Code spends 50%or more of the In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value working on a project or For additional information: Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager, 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 in areas where it can be seen by all employees. CITY OF -AS-H LAN D • EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through.its authorized representative,under penalty of perjury, certifies that(a)the number shown on the attached W-9 form is its correct taxpayer JD (or is waiting for the number to be issued to it and(b)Consultant is not subjectto backup withholding because: (i)it is exempt from backup withholding, or.(ii)it has not been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends, or(iii) the IRS has notified , it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a)it has the,power and authority to enter into this Agreement and perform the Work, (b)the Agreement, when executed and delivered, shall be a valid and binding.obligation, of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall •• be performed in accordance with the highest professional standards,and,(d)Consultant is qualified,professionally competent,and duly licensed(if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws,it is an independent contractor as defined in the Agreement,it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. (1)Consultant carries out the work or services at a location separate from a private . residence or is in a specific portion of a private residence, set aside as the location of the business. t4 (2) Commercial advertising or business cards or a trade association membership are purchased.for the business. UK— , (3)Telephone listing is used for the business separate from the personal residence listing. . ki (4)Labor or services are performed only pursuant to written contracts. bucl'' . (5)Labor or services are per£ormedfor two or more different•persons within a period of one year. (6) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, . warranties,errors and omission(professional liability)insurance or liability.insurance relating to the Work or services to be provided. • : • Consultant's signature 74°7/2024 • • Date . • • • Page 1 of 1: EXHIBIT C • Form Request for Taxpayer Give Form to the (Rev,October2018) Identification Number and Certification requester.DO not Department of the Treasury send to the IRS. Internal Revenue Service )►Go to wwwirs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name Is required on this line;do not leave this line blank. • William P.Johnson - . . . 2 Business name/disregarded entity name,If different from above M 3 Check appropriate box for federal tax classification of theperson whose name Is entered on line 1:Check onlyone of the 4 Exemptions codes apply onlyto R followinevn boxes, certain entities, Individuals; ee Instructions'on page 3): o Q Individual/sole proprietor or 0 C Corporation 0 S Corporation 0 Partnership ❑Trust/estate a c single member LLC • Exempt payee code If any) • ,Z+v ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► , o 3Note:Check the appropriate box In the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC If the LLC Is classified.as a single-member LLC that Is disregarded.from the owner unless the owner of the LLC is • 5 ,A tio another 110 that Is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code fan E is disregarded from the owner should check the appropriate box for the tax classification of its owner. o ❑ Other(see instructions)► (Apptios to accounts matntafnodoutado Co 4S.) re . • co 6 Address(number,street,and apt.or suite no.)See instructions. • Requester's name and address(optional) • PO Box 20263 Cityeif Ashland OR 6 City,state,and ZIP code 20 East Main Street Rochester,NY 14602 . Ashland,OR 97520 . 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN). Enter your TiN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I social security number backup withholding.For individuals,this.is•generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other - - entities,It is your employer Identification number(EIN).If you do not have a number,see How to get a __ _ . 77N,later. or,' Note:If the account Is in more than one name,see the Instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. Part II Certification Under penalties of perjury,1 certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has'notlfied me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting Is correct. Certification Instructions.You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, - acquisition or abandonment of secured property,cancellation of debt,contributions to-an individual retirement arrangement(IRA),and generally,payments other than.interest and dividends,you are not required to sign the certiflcation,but you Must provide your correct TIN.See the instructions for Part II,later. Sign Signature.of Here us.person►(/vOCOl---- Date► July 19, 2021 • General Instructions •Form 1099-DN(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless Otherwise •Forni 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and Its instructions,such as legislation enacted •transactions by brokers) after they were published,go to www.lrs.gov/FormW9. •Form 1099-8(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who Is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer • 1098-T(tuition) • Identification number(TIN)which'may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number adoption • •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employerer ids Identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correbtTIN. • returns Include,but are not limited to,the following. if you do not return Form W-9 to the requester with a 77N,you might •Form 1099-INT(interest earned or paid) ' be subject to backup withholding.See What is backup withholding, • • later. Cat.No.10231X Form W-9(Rev.10-2018) William P Johnson PO Box 20263 Rochester NY 14602.0263 • June 21, 2021 Ms. Maria Harris, AICP, Planning Manager City of Ashland, Community Development Department 20 E. Main St. Ashland OR 97520 •. RE: Proposed Tower Telecommunications Facility Site Review Dear Ms. Harris, It is my pleasureto submit for your consideration this proposal for consulting services for radio-frequency (RF) and related aspects of the subject application. This proposal covers a two-year period starting July 1, 2021. In the following information, "Client" refers to City of Ashland, Community Development Department 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. Consultantis admitted to practice law in the State of New York: For purposes of they 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 I station facility for 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 Statement of Work,Page 1 Ms.Maria Harris,Planning Manager Proposed.Statement of Work for City of Ashland,Community Development Department,6/21/21 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.withiin the scope of review. _ d. Consultant will highlight information within the scope ofreview 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 preliminary written reportthat summarizes the relevant findings and explains the basis for the findings. As other issues arise, Consultant will assist Client to clarify those issues and, if needed, provide additional written reports to address those issues at Client's request. 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. Usually such meetings are conducted using virtual technology due to travel time and availability considerations.. 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 inlight 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 timefor 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. CLIENT'S RESPONSIBILITIES WHEN ACCEPTING THIS AGREEMENT Client agrees to inform Applicant's agent(s) that Consultant's non-legal services have been retained: • Statement of Work,Page 2 Ms.Maria Harris,Planning Manager Proposed Statement of Work for City of Ashland, Community Development Department,6/21/21 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 Applicanteither 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.. DEADLINE FOR COMPLETION OF THE WORK:. Unless otherwiseagreed 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 ,t6 Bill(a,WilliamPJohnsomcorn. 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 Bill 1WilliamPJohnson.com. by Client or by Consultant to the party signing this agreement is deemed acceptable written notice to the other party. Termination shallbe effective upon receipt of written notice. Work performed by Consultant prior to the effective terminationdate shall be due'and payable to Consultant upon receipt of a final statement of services: I TERM= • This proposal and any resulting contract for services covers the two-year period starting July 1, 2021. 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.. 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. Statement of Work,Page 3 Ms.Maria Harris,Planning Manager Proposed Statement of Work for City of Ashland,Community Development Department,6/21/21 Although a fixed not-to exceed amount cannot be established due to the wide factual variations even between similar projectsand 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 thework 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 foranynonperformance 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 or in 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. This Agreement may be executed in counterparts by signing this acceptance page, each of which is an original and ;together will constitute one and the 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. Signature page follows this page. Statement of Work,-Page 4 Ms.Maria Harris,Planning Manager Proposed Statement of Work for City of Ashland, Community:Development Department,6/21/21 Proposed Statement of Work and Engagement Agreement . including the attached,Terms and Conditions Accepted and Authorized by: • Ms. Maria Harris William P. Johnson Planning Manager Consultant City of Ashland, Community June 21, 2021 Development Department 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 & maria.harris@ashland.or.us reports) (Please scan/email to.Bill@WilliamPJohnson.com upon acceptance) • • • Statement of Work, Page 5 • William P Johnson PO Box 20263. Rochester NY 14602-0263 585.201.8744 Schedule A January 1, 2021 (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 agreement is 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 appliesto the Event. Distances are determined bymileage 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 retainer 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 performspecific 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 William P. Johnson PO Box 20263 Rochester NY 146020263 . Consulting Office , Email (585) 201-8744 voice Bill@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 June, 2020 Professor and Graduate Program Director, Telecommunications Engineering Technology program, Department of Electrical-Computer-Telecommunications Engineering Technology: Teaching responsibilities included courses inlinear electronics,wireless communication.systems; RF/microwave technology, and telecommunications systems. http://peoplerit.edu/wpiiee/ Awarded title of:Professor Emeritus, June,2020. • :_._ VARIOUS MUNICIPALITIES AND RESIDENT ASSOCIATIONS Consultant for Cellular/PCS Wireless and Broadcasting Facility Zoning s 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://ww*.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 ASHLAND, OR January, 2018-June, 2020 CITY of AUBURN NY November,2015—January, 2016 TOWN of AURORA, NY July,2001 —March, 2010 TOWN of AUSTERLITZ, NY March,2019—'June,2019 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 May, 2001 TOWN of BUSTI, NY September, 2002—July, 2003 TOWN of CAIRO, NY May, 2014=July, 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 . \ Statement,of Work,Page 7 • 'Resume,WilliamP. Johnson (continued) . TOWN of CAZENOVIA,:NY • - May,2007—:November, 2007 • 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 CORINTH, NY .. •October,2020-December,,,2020 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, 1.998 ' 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 — • • ' TOWN of HAMMOND; NY ' September,2008-November;2009 - • TOWN of HARTLAND, NY. May; 1998 : TOWN of HENRIETTA, NY . •. . September,-2001 —July,2008 - . : • . . TOWN of HYDE PARK, NY June, 2020-September,2020 TOWN of ITHACA May, 2009—July 2009 ' • TOWN of IRONDEQUOIT, NY March,2002—July, 2008 TOWN of LAFAYETTE April, 2007—May,2007 , TOWN Of LAKE LUZERNE . . . October,2020-Present 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 - ./ S 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,22001 =October,2020 TOWN of VICTOR, NY . January,2002—April, 2007 . . .. TOWN of WALWORTH,.NY. . .• ; . 'June,.1.997—March,2007 . .. TOWN of WEBSTER, NY . .... July, 1997,—October,2009' VILLAGE of WESTFIELD April, 2005-September,2006 . .Statement of Work,Page 8 . � r . . Resume,William P. Johnson (continued) TOWN of WHEATFIELD, NY September, 2016. -October, 2016 PREVIOUS PROFESSIONAL EXPERIENCE: 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 . r 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 F' 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. Statement of Work,Page 9 Resume,William P. Johnson (continued) Masters Thesis: "Measured Response of Various Waveguide Inductive Post Arrays Compared to Theoretical Results", May, 1988. 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. Authorof several industry publication articles dealing with RF/Microwave system interference reduction and suppression I Statement of Work,Page 10 William P Johnson PO Box 20263 .`- Rochester,.NY 14602-0263 June 21, 2021 Ms: Maria Harris, AICP City of Ashland, Community Development Department 20 E. Main St.., Ashland, OR 97520 RE:, Proposed Tower Telecommunications Facility Site Review For Two-year Contract Period Starting July 1, 2021 Dear Ms. Harris, In response to your email last week, I am pleased to submit the. following information regarding engineering services for telecommunication facility site review for a two-year contract period starting July 1, 2021. 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 scan/email that page to Bill@WilliamPJohnson.com. 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 isno 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 clients realistic, viable - and technically sound. I never demand bureaucratic compliance with self-created 1 City of Ashland, Community Development Department 6/21/2021 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 striveto keep the discussions both professional and meaningful on your behalfwith the goal of a thorough review under reasonable,and necessary costs. Other consultants may take a different approach. 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 canhelp you develop a sound record of substantial evidence upon which to base your decisibns and avoid an unfortunate community-damaging experience. . GENERAL BACKGROUND AND QUALIFICATIONS My full-time professional responsibilities since 1980 centered 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 Professor Emeritus at Rochester: Institute.of Technology where I served as director of the graduate M.S: program in telecommunications engineering technology until retirement from the university in June, 2020. I hold graduate degrees in electrical engineering and law. My teaching andresearch included courses in radio-frequency (RF) systems, telecommunications systems, and law: I joined RIT in 1989 after a series of engineering positionsin the RF/microwave industry. Since.then. I have worked as an independent consultant 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 80 municipalities involving multiple tower applications and four citizen's associationsin 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 Monitoringof RE drive-test performance used to justify tower height requirements and presentation of technical testimony;at public hearings: In 1998 I provided zoning review support and subsequent expert testimony during'litigation on behalf of defendant Town 2 City of Ashland, Community Development Department 6/21/2021 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 telecommunications technology and 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 serviceswhen 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 experiencein the RF/microwave industry, and a more than 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 documentationsuch 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 on proposed 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. • 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 permit 199' to allow collocation opportunities). 3 City of Ashland, Community Development Department 6/21/2021 • 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.. • Evaluationof 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 justifythe site and 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 speculative tower 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. Thesite 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 potentia l reduction of visual and environmental impacts of cellular personal communications services, 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 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 4 City of Ashland, Community Development Department 6/21/2021 discussion. Highly-engineered wireless systems, especially in the emerging 5G environment, rarely can be optimized to meet all technical, business, and environmental goals. However, acceptable compromises betweenthese 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 wireless communications 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, l 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. Occasionally I partner with colleagues at Rochester Institute of Technology to assist my clients on site review. STATEMENT OF NO CONFLICT: • Many wireless service providers, at least in the New York state, 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 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 5 City of Ashland, Community Development Department 6/21/2021 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 mustbe 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 haveaccess 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/5G, 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 as a Professor Emeritus at ,RIT, previously scheduled client and other commitments must take precedence, Project meeting commitments will require coordinationwith other scheduled work so as to avoid conflict. Online collaboration may be required due to distance and availability. 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. Myarea 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. 4. Please be advised that I am licensed as an attorney'and admitted to practice.law in the State of New York. However,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 an attorney-client relationship please let me know and consult ;. . your attorney for clarification. If legal services are required in New York, we can 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 158,386N.YS.2d 548(2°d Dept,'1988);Twin Lakes Development Corp.v.Town of Monroe,300 A:D.2d 573,752 N.Y.S.2,d.546(2nd Dept,2002). • 6 City of Ashland, Community Development Department 6/21/2021 I discuss.an engagement of those services under a different professional services agreement. A proposed Statement of Work for engineering services is enclosed. Thank you for considering use ofthese services., Please letme 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, (ART"‘CY4}' William P Johnson Consultant l , 1 / 7.