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HomeMy WebLinkAbout2006-004 CONT Addendum - Beery, Elsner & Hammond ADDENDUM TO CITY OF ASHLAND CONTRACT FOR PERSONAL SERVICES LESS THAN $25,000 Addendum made this 24th day of January. 2006, between the City of Ashland ("City") and BEERY, ELSNER & HAMMOND LLP, ATTORNEYS AT LAW ("Consultant"). Recitals: A. On 10/18/2004, City and Consultant entered into a "City of Ashland Contract for Personal Services Less Than $25,000" (further referred to in this addendum as "the agreement"). B. The parties desire to amend the agreement to extend the date of completion, modify the project and increase the compensation to be paid Consultant. City and Consultant agree to amend the agreement in the following manner: 1. The date for completion as specified in Paragraph 3 of the agreement is extended to February 9, 2006 and the compensation has been increased 10% in the amount of $843.00. 2. The scope of services is modified to include a Council Presentation, which will be presented to Council by the consultant on February 9, 2006. 3. Except as modified above the terms of the agreement shall remain in full force and effect. -r1.,~, ,~;<_" CITY OF ASHLAND: BY ~ ~j== FINANCE DIRECTO "- OR BY TITLE L"-'1.r Ct, -v', ) I-'A" ) J DATE CITY ~INISTRATOR '2--/.$ t? C- ~ t CONTENT REVIEW DATE J Id (~)(; CITY DEPARTMENT HEAD DATE ACCOUNT # '71 C t'" / ~ c .:.,. c t' c;', c -<t / C 0 PURCHASE ORDER # c"./::: ~' e-, ? (for City purposes only) Revised 4-27-05 , ~_J C ('~? ~~ ~... 0 t.. Page 1 /1 r~' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 11/10/2004 II ~ 05568 VENDOR: 006105 BEERY,ELSNER,& HAMMOND LLP, ATTORNEYS I 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: Tenns: Net Req. Del. Date: 10/18/2004 Speciallnst: Req. No.: Dept.: ADMINISTRATION Contact: Ann Seltzer - Admin Conflnning? No THIS IS A REVISED PURCHASE ORDER BLANKET PURCHASE ORDER Charter Review Consultant Services Date of agreement: 10/18/2004 Estimated completion date: 06/30/2005 Contract amount: $8,340.00, plus 10% Revised purchase order 03/25/2005 PO closed in error when payment of $3,474.17 was made in 11/2004. Remaining balance of purchase order - $5,699.83 as of 03/25/2005 9,174.00 5,699.83 *** This is a change order. *** BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX I:REIGHT TOTAL E 710.01.02.00.604100 14 873.83 ~ k- ~.t: L-- ~~;;ts- A..~":"__'" c.-ol___..c~~_ Page 1 /1 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 ~~ ~. 11/10/2004 L 05568 "1 VENDOR: 006105 BEERY,ELSNER,& HAMMOND LLP, ATTORNEYS j 1750 SW HARBOR WAY SUITE 380 PORTLAND, OR 97201-5164 SHIP TO: City of Ashland (541) 488-6002 20 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: 10/18/2004 Speclallnst: Req. No.: Dept.: ADMINISTRATION Contact: Ann Seltzer - Admin Confirming? No BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SlJlBTOTAL TAX I:REIGHT TOTAL E 710.01.02.00.604100 9174.00 ~~II~~ orl::!'Ad ~Inn. ...... VENDOR COPY A request for a Purchase Order REQUISITION FORM C,tTY OF ASHLAND Date of Request: THIS REQUEST IS A: o Change Order( existing PO # Required Date of Delivery/Service: Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location ~rf!j J ~lsnPf l1- Hnl'YWY\oNi UP ) TDtYI JfO/lJk-r ~~~~~t~~~~~~~~~::: (&L) Services Only Description CW;vW tw,'wp- u~l,d~,. n.; UQ..~ Total Cost /,:'-"'--r ~ A---) :f eg~;o +- (0,10 '$ q II ~ 0.:::.- Solicitation Pn:K:e..: Exempt 3 Written Quotes (copies i:lttached) D Invitation to Bid (copies on file) Less than D Request for $5000 Proposell (copies on file) Project Number Account Number7R2 -<2L .C).;.l~~i>~~!I..IJQO 'Please attach the Original signed contract and Insurance certificate, Materials Only ~~ ~/ ~S- Item # Quantity Unit Description Unit Cost Total Cost TOT AL COST OF THE MATERIALS Project Number Account Number - . . . --- -- -- -- ------ Employee Signature: NOTE: By signing this requisftion form, I c ~~e aff' Supervisor/Dept. Head Signature: ~ bove request meets the City of Ashland Solicitation Process requirements an can be provided when necessary, G :FinanceIProcedureIAPlFormsI8_Requisition form,doc Updated on:07/15102 BEERY, ELSNER & HAMMOND, LLP ATTORNEYS AT LAW . PAMELA J. BEERY. PAUL C. ELSNER JOHN H. HAMMOND, JR. . THOMAS SPONSLER t DAVID F. DOUGHMAN SPENCER Q. PARSONS 1750 SW HARBOR WAY, SUITE 380 PORTLAND, OREGON 97201-5164 TELEPHONE (503) 226-7191 FACSIMILE (503) 226-2348 WWW.GOV-LAW.COM · Also admitted in Washington t Of Counsel June 3, 2004 Ann J. Seltzer Management Analyst City of Ashland 20 East Main Street Ashland, Oregon 97520 Re: Proposal for City Charter Consultant Services Dear Ms. Seltzer: This letter formally expresses my interest in working with the Charter Review Committee and you in a project to review and update the Ashland City Charter. Overview City charters should be reviewed and updated periodically. This permits a city to consider the current structure and future needs to best serve its unique community. Over time charters need revision to remain relevant and to meet changing legal and political conditions. The current Ashland City Charter was adopted in 1970. Substantial provisions were added later in the 1970s. Many provisions appear to have been based on the 1976 League of Oregon Cities (LOC) Model Charter. The LOC updated the Model Charter in 1988, and recently released the 2004 Model Charter. Recent LOC models contain many changes from earlier versions. They now include specific identification of council legislative, administrative and quasi-judicial authority, and updated and clarified mayor and city manager duties. They no longer include subjects found in state statutes or better left to city ordinances. The 2004 model also reorganizes charter chapters and adopts a more concise language. Many of these changes should be considered for a revised Ashland City Charter. The Ashland Charter could also benefit from the numerous clarifications, simplifications and style changes of later models. Charter-Relevant Experience With over 25 years as a local government lawyer, I have extensive experience working with charters and charter review committees. I served as charter committee legal consultant as well as f:lAshlandlAshland Charter WI 060304.doc BEERY. ELSNER & HAMMOND LLP ATTORNEYS AT LAW June 2, 2004 Page 2 City Attorney for two different City of Gresham City Charter Review Committees. Each committee had seven members appointed by the mayor and council, and had many meetings. The first committee recommended charter revisions that were adopted in November 1986. The second committee recommended changes adopted in November 1994. One of those changes was a new provision requiring appointment of a charter review committee every eight years. In addition, I drafted amendments to the Gresham City Charter adopted at elections in 1980, 1983, 1984, May 1986, and 1996.. When I became Multnomah County Attorney in 1997, one of my first assignments was to serve as legal consultant and project director to the Multnomah County Charter Review Committee. This committee had 14 members appointed by members ofthe Oregon Legislature elected from Multnomah County. The county charter provides for the committee, its method of appointment, and its duties. The committee held 23 public meetings and made a comprehensive study of each charter section. Its record included detailed minutes and other materials that it filed with the County Board Clerk. The committee recommended 10 ballot measures proposing chatter amendments. The voter approved six of the measures at the November 1998 election. Last year when I began working in my present position, I was retained by the LOC to revise and update the 1988 LOC Model Charter. Numerous drafts were reviewed and critiqued by colleagues around the state. The final draft was presented on November 14, 2003 at the Legal Issues Workshop session of the LOC 78th Annual Conference in Eugene. I made a few changes based on recommendations from colleagues following the LOC conference, and the 6th edition of the Model Charter for Oregon Cities was released by the LOC in January ofthis year. I am currently working with the City of Sherwood on revisions to their city charter. Drafts have been prepared based on the 2004 model. Many changes and additions have been made to carry forward the substance of current Sherwood charter provisions. It is possible that the Sherwood City Council will refer a revised charter to city voters at the November 2004 election. The 2004 LOC Model Charter is intended to serve as a guide for charter drafting by city officials arid citizens. It provides a foundation for meeting different needs and policy choices about city government structure. The model is not intended for submission to community voters without study and discussion. Proposed Scope of Work and Fees The consultant expectations you have listed could be organized into six phases for the: project: 1. Charter Committee Education/Preparation/Presentation 2. Review Current Charter/Recommendations 3. Charter Committee Considerations/Tentative Decisions 4. Review Charter Committee ProductlDraft Alternatives 5. Prepare Charter Language/Ballot Measure 6. Council Presentation F IAshland'Ashland Charter LO I 060304.doc BEERY, ELSNER & HAMMOND LLP ATTORNEYS AT LAW June 2, 2004 Page 3 Based on my experience, I have a pretty good idea of how to proceed and the time required for phases 1, 2, 5 and 6. Until the Charter Committee is appointed, organizes itself and develops as a group, it is hard to anticipate the issues that will attract its interest, the questions it will want addressed, and the duration of its considerations. Thus, to be of most use to the committee, the nature and extent of its work in phase 3 will determine the nature and extent of the consultant's work for phase 4. I anticipate that preparation and the actual initial and final presentations (phases 1 and 6) would take about 13 hours. The actual work of charter review, recommendations, and charte:r and ballot measure drafting (phases 2 and 5) would take about 22 hours. The consultant time for phase 3 may not be very much, but the time required for phase 4 could be extensive. It is wholly dependent on the direction and decisions of the Charter Committee. The total fee for the hours I can reasonably estimate would be approximately $6,300. You anticipate that the consultant would attend three meetings in person: an initial meeting, a meeting mid-way in the project timeline, and a meeting for the final presentation ofthle completed work. I am willing to attend each Ashland meeting for $500 travel time compensation. This is a discount of 44% from my customary half-hourly rate travel fee. In addition, there would be reimbursement for actual lodging, meal and mileage expense::; which I anticipate would cost around $420 per trip. Thus, each trip would cost about $920 for a total of $2,760 for the three identified trips. The total cost to the City for the services described is thus estimated at $9,060. This amount could only increase slightly if a little additional time is required for phases 3 and 4, or it could increase substantially if additional work is desired. Availability I understand that the Mayor and City Council plans to appoint the Charter Committee on June 16 and hopes the committee can meet shortly thereafter. With appropriate notice, I am available to meet almost any day in June and over the next couple of months. The only major commitment I have is to a European vacation from September 17 through October 8. Other than that I can pretty much arrange my calendar to meet the needs of the City. Thank you for the opportunity to provide you this letter of interest. Please let me know if you would like additional information or have questions. I look forward to working with your team. ~ Thomas Sponsler F'lAshland\Ashland Charter WI 060304.doc CITY OF ASHLAND . CONSULTANT SERVICES CONTRACT Consultant services contract made on the date specified below in Recital A between the City and Consultant as follows: Recitals: A. The following information applies to this contract: CITY: CITY OF ASHLAND Consultant: Beery, Elsner, & Hammond, LLP City Hall Address: 1750 SW Harbor Way, Suite 380 20 E. Main St. Portland, OR 97201-5164 Ashland, Oregon 97520 (541) 488-6002 Telephone: 503-226-7191 FAX: (541) 488-5311 FAX: 503-226-2348 Date of this agreement: 10-18-2004 11 B: RFP date: Proposal date: 6-3-2004 112.2. Contracting officer: Ann Seltzer 112.4. Project: City of Ashland Charter Review and Revision 116. Consultanfs representative: Thomas Sponsler 118.3. Maximum contract amount: $8,340 B. On the date noted above, Consultant submitted a proposal in response to City's request for proposals (RFP) for consulting services needed by City for the project described above. C. After reviewing Consultanfs proposal, City selected Consultant to provide the services covered by the RFP. City and Consultant agree as follows: 1. RelationshiD between City and Consultant: Consultant accepts the relationship of trust and confidence established between Consultant and City by this contract. Consultant covenants with the City to perform services and duties in con~)rmance to and consistent with the standards generally recognized as being employed by professionals of consultanfs caliber in the locality of the project. Consultant further covenants to cooperate with City, City's representatives, contractors, and other interested parties in furthering the interests of City with respect to the project. In order to promote successful completion of the project in an expeditious and economical manner, Consultant shall provide professional consulting services for City in all phases of the project to which this contract applies, serve as City's professional consulting representative for the project, and give pl"Ofessional consultation and advice during the term of this contract. Consultant acknowledges that City is relying on consultant to provide professional consulting services in a manner that is consistent with the interests of City. 2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to thlem in the construction industry, unless the context clearly indicates otherwise. As used in this contract: 2.1. "City" means the City of Ashland, Oregon. 2.2. "Contracting officer" means the person specified in Recital A above or that person's designee. 2.3. "Projecr means the project described in Recital A. 2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, andl other consulting services and products which Consultant is required to provide under this contract. 3. Term: The term of this contract shall commence on the date specified in Recital A above and end on completion of all services required by this contract unless sooner terminated as provided in this contract. 4. Authority of Contractina Officer: The contracting officer shall have the authority to act on behalf of City in the administration and interpretation of this contract. The contracting officer shall have complete authority to authorize services, transmit instructions, receive information, interpret and define City's policies and make other decisions with respect to Consultant's services. 5. Consultina Services: Consultant shall provide services to City described in the RFP and the Consultant's Proposal letter of 6- 03-04. The total cost set in that letter was $9060. The Consultant has performed tasks listed under the first bul!let point of the RFP and phase one of the proposal under a previous agreement with the City for which the City will pay Consultant $1,220. Consultant has agreed in addition to provide the Charter Review Committee with a copy of the current Ashland Charter with sections separately identified that in Consultant's opinion are outdated, covered by state law, better as ordinanoes, or are political decisions for the City. Consultant agrees that the cost for the additional task shall not exceed $500 and is included within the $8340 not to exceed cost in Recital A. 5.1. In connection with the services described in the RFP, Consultant shall: 5.1.1. Consult appropriate representatives of City to clarify and define City's requirements rE!lative to the services. 5.1.2. Review available data relative to the services. 5.1.3. Identify data which is not available and is needed to fulfill the services, and act as Ci~~s representative in obtaining such data. 5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services liS part of the statement of account for services. 5.1.5. Cooperate with other consultants retained by City in the exchange of information needed for completion of the services and the project. 5.2. Consultant shall commence performance of services within five days after receiving written authorization from the contracting officer for work described in the RFP. Consultant shall perform the services as expeditiously as is cclnsistent with professional skill and care and the orderly progress of the project. Upon request of City, Consultant shall submit for City's approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include clllowance for periods of time required for City's review and approval of Consultanfs services. Each schedule, approved by City, shall become a part of this contract. 5.3. Consultant shall perform the services as an'independent contractor in accordance with generally accepted standards in Consultanfs profession. Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all services performed by Consultant. Consultant shall, without additional compensation, correct or revise any error or deficiencies in the services that are caused by Consultanfs negligence. City's review, approval, aoceptllnce of, or payment for, any of the services shall not be construed to waive any of City's rights under this contract or of any cause of action arising out of Consultanfs services. In the event of any breach of this contract by Consultant or negligent performance of any of the services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sl~ntence shall not be construed, however, to allow City to prosecute an action against Consultant beyond the maximum time Iimitlltion provided by Oregon law. 6. Assianment of Consultanfs Personnel: 6.1. The services covered by this contract shall be rendered by, or under the supervision of the person specified in Recital A above, who shall act as Consultanfs representative in all communications and transactions with City. 6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of Consultanfs employees to perform services if the requests are consistent with sound business and professional practices. 7. Resoonsibilities of City: 7.1. City will cooperate fully with Consultant to achieve the objectives of this contract. 7.2. City will provide information, documents, materials and services that are within the possession Olr control of City and are required by Consultant for performance of the services. 7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private property as required for Consultant to perform the services. 7.4. The contracting officer will act as liaison between City, Consultant, public agencies, and others involved in the project. 8. Payment: 8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City. Reimbursement will be made for mileage and direct expenses incurred for travel to Ashland for the two meetin!~s described in the Consultanfs Proposal letter of 6-03-04. 8.2. Consultant shall submit monthly invoices to City for Consultanfs services within ten days after the end of the month covered by the invoice. 8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above by more than ten percent. 9. ComDliance with Law: 9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City and city governments with respect to the services including, but not limited to, provisions of ORS 279.312, 279.314, 279.316 and 279.320. 9.2. Pursuant to ORS 279.316(2) any person employed by Consultant who performs work under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.26101' under 29 U.S.C. Sections 201 to 209. . 9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Consultant certifies to City that Consultant has workers' compensation coverage required by ORS Chapter 656. A copy of the Information Page of Consultant's insurance with SAIF is attached to this agreement. 9.4. If the amount of this contract is $15,713 or more, Consultant is required to comply with chapter ~1.12 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 Irequired to post the attached notice predominantly in areas where it will be seen by all employees. 10. OwnershiD of Documents: All documents prepared by Consultant pursuant to this contract shall bEl the property of City. To the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, dEifend, indemnify and hold harmless Consultant, its consultants, agents and employees against all damages, claims, expenses and losses arising out of any reuse of plans, specifications and other documents prepared by Consultant without prior written authorization of Consultant. 11. Records: 11.1. Consultant shall develop and maintain complete books of account and other records on the services which are adequate for evaluating Consultanfs performance. ConsultaRt shall maintain records in such a manner as to pmvide a clear distinction between the expenditures and revenues related to the project and the expenditures and revenues related to Consultanfs other business. 11.2. Consultanfs books and records shall be made available for inspection by City at reasonable times, to verify Consultanfs compliance with this contract. City shall have the right to request an audit of Consultanfs books and records by a certified public accountant retained by City. 12. Indemnification: Consultant shall defend, indemnify and save City, its officers, agents, and emplotees harmless from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death,) or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to the negligent performance of this contract by Consultant (including bI~t not limited to, the negligent acts or omissions of Consultanfs employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City. 13. Insurance: 13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force: 13.1.1. A professional errors and omissions liability policy; and 13.1.2. A comprehensive automobile liability policy including owned and non-owned automobiles. 13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 13.3. Uability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable, except for the coverage required by subsection 13.1.2. 13.4. A copy of the Declarations Page of Consultant's insurance with State Farm Fire and Casualty Company is attached to this agreement. 14. Default: 14.1. There shall be a default under this contract if either party fails to perform any act or obligation required by this contract within ten days after the other party gives written notice specifying the nature of the breach with reasoni~ble particularity. If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period i~nd thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract. 14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson County. 15. Termination without Cause: 15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by gi'iing Consultant written notice sixty days prior to the termination date. 15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant may complete such analyses and records as may be necessary to place its files in order and, where considered necessary to protect its professional reputation. to complete a report on the services performed to date of termination. 15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned and costs incurred prior to the termination date. Consultant shall not be entiUed to compensation for lost profits. 16. Notices: MY notice required to be given under this contract or any notice required to be given by law shall be in writing and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law. 16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A above. 16.2. Notices to Consultant shall be addressed to the Consultanfs representative at the address provided for the Consultant in Recital A above. 17. Assianment: City and Consultant and the respective successors, administrators, assigns and legal representatives of each are bound by this contract to the other party and to the partner:s. successors, administrators, assigns and legal representatives of the other party. Consultant shall not assign or subcontract Consultanfs rights or obligations under this contract without prior written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to anyone other than City and Consultant. 18. Modification: No modification of this contract shall be valid unless in writing and signed by the parties. Consultant BY_~~ Fed. ID #93-123801 CITY BY BY r City Department Head Date: II-uti - f} f.( By Coding (for City use only) C I T Y 0 F ASH LAN D, 0 REG 0 N ALL employers described below must comply with City of Ashland laws regulating payment of a living wage. City of Ashland LIVING WAGE \lII!Ip.rhC)ur. effective Jut"e 30, 2004 < .,'.;1(;$;.. . :'';'C ~- < rA' -' . . . . "'(lncr..s"..<.hijQ~t~Y~'~,g.4~rI1. $Ob, the ~",,_q.....r~p"'.*~:t:.,.ij~,,-l . ~ For all hours worked under a service contract between their employer and the City 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 timo in that month working on a project or portion of business of their employer, if the employer has ten or mon~ 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, 401 K ancllRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. For additional information: 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.lls. Notice to Employers: This notice must be posted predominantly in areas where it willi be seen by all employees. CITY OF A~;HLAND Policy Number 97 -CB-1336-0 DECLARATIONS PAGE AMENDED NOV 20 2003 ~. STATE FARM FIRE AND CASUALTY COMPANY PO BOX 5000, DUPONT WA 98327-5000 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS Named Insured and Mailing Address 1603-F477 V ELSNER, PAUL & PAMELA J 1750 SW HARBOR WAY STE 380 PORTLAND OR 97201-5106 q:C('EIVED r. .... J [lEe 0 8 2003 if7 ,: LL.SNER. llfj COy A . Inflation Coverag1e Index: N/A BUSINESS POLICY. SPECIAL FORM 3 COy B. Consumer Pricelndex: 185.2 AUTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automatically subject to the premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the MortgageelLienholder written notice in compliance witH the pOlicy provisions olr as required by law. Policy Period: 12 Months The policy period begins and ends at 12:01 am standard time atthe Effective Date: DEC 29 2003 premises location. Expiration Date: DEC 29 2004 Named Insured: Partnership Your policy is amended NOV 20 2003 NUMBER OF ADDL INTERESTS CHANGED Location of Covered Premises: 1750 SW HARBOR WAYSTE 380 PORTLAND OR 97201-5106 Goverages & Property Section I A Buildings B Business Personal Property C Loss of Income - 12 Months Other items shown are effective with the policY's 2003 renewal Limits of Insurance Occupancy: Off 1 ce Excluded $ . 114 600 $ Actual [055 Section II L Business Liability M Medical Payments Products-Completed Operations (PCO) Aggregate General Aggregate (Other Than PCO) i 1,000,000 5,000 2,000,000 2,000,000 Deductibles - Section I $ 1,000 Basic $ In case of loss under this poliicy, the deductible will be applied to each occurrence andl will be deducted from the amount of the loss. Other dedulctibles may apply - refer to policy. Endorsement Premium None Formsr Options, and Endorsements Specia Form 3 Amendatory Endorsement Tree Debris Removal Business Policy Endorsement Glass Deductible Deletion Protective Safeguard Advertising Injury Excl FP-6103 FE-6237.1 FE-6451 FE-6464 FE-6538.1 FE -6303 FE -6345 Discounts Applied: Renewal Year Years in Business Pro~ective Devicl'-<s:~. :....::-;' GEC?R~E s. F,LESUR,A.S, Agen Claim Record ~ 4100 r"E f:remont St c;,~ Portland, OR 97212 (:\UOANC~, Off: (503) 287-0021 Fax !7;{)3) 287-1315 Continued on Reverse Side of Page P d OTHER LIMITS AND EXCLUSIONS MAY APPLY. REFER TO YOUR POLICY N~~::~003 Co t r Igoed .. ~ - FP-8030.2C A07G By ..d. 06/1993 GEORGE FLESURAS Your polley consists of this page, any endorsements (503) 287-0027 and the polley form. PLEASE KEEP THESE TOGETHER. Agent (o1f2172b EiaIFCORPORATION Information Page Carrier No: 20001 Policy No: 900543 Employer Identification Number: 93-1234801 Item 1. The Insured: BEERY AND ELSNER LLP .; Entity Type: LIMITED LIABILITY PARTNERSHIP Mailing address: BEERY AND ELSNER LLP 1750 SW HARBOR WAY STE 380 PORTLAND, OR 97201-5164 Other workplaces not shown above: NONE Item 2. The polley period is from 01-01-2004, 12:01 A.M. to 01-01-2005, 12:01 A.M. at the insured's mailing address Item 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: OREGON Employers Liability Insurance: Part.Two of the policy applies to work in eaGh state listed in item 3.A. The limits of our liability under Part Two are: B. Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Bodily Injury by Disease $500,000 policy: limit C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: NONE D. This policy includes these endorsements and schedules: WCOO0414 Notification of Change in Ownership Endorsement WC000420 Terrorism Risk Insurance Act WC000406A Premium Discount Endorsement WC990402C Claim Rating Plan Endorsement WC360406 Premium Due Date Endorsement WC000310 Coveiage Endorsement - Partners WC000310 Coverage Endorsement - Partners WC360301 Oregon Unsafe Equipment Exclusion Endorsement Item 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. The premium and rates and the experience rating modification factor, if any, may change on your anniversary rating date of 01-01-2005. All information required below is subject tel verification and change by audit: Estimated Rate Per Policy Period $100 of Estimated Class DescriDtion Pavroll Pavroll Premium Period: 01/01/2004. 12/31/2004 Beery And Elsner Lip 8820 03 Law Office & ClerlMessengerlDr 8820 03 Paul Elsner 8820 03 Pamela Beery Total Payroll $150,000 $20,800 $20.800 $191,600 0.27 0.27 0.27 $405 $56 $56 ~~, CITY RECORDER'S COpy CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 Page 1 / 1 ~ ~- 065~-;. 1 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: Speclallnst: Req. No.: Dept.: ADMINISTRATION Contact: Ann Seltzer Confirming? No THIS IS A REVISED PURCHASE ORDER Charter Review Consultant Services Initial Purchase Order #05568 Date of aQreement: 10/18/2004 Estimated completion date: 06/30/2005 Contracted amount: $8,340.00 Invoices/Payments as of 01/19/2006: 5120 - $3474.17 5739/5892 - $36.00 6457 - $144.00 6565 - $216.00 6597 - $648.00 Less overpayment 6663 - $648.00* *See attached for details Revised balance for PO as of 01/19/2006 - $3,173.83 Contract Amendment Date of amendment: 01/19/2006 Consultant to facilitate Council Presentation February 9, 2006 Extended completion date: 02109/2006 Increased contract 10% - $843.00 3,173.83 834.00 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 4 ~~__ ~2?~ A rized SionatllrA VENDOR COPY