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
,
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Page 1 /1
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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