HomeMy WebLinkAbout2007-226 Contract - Beery Elsner & Hammond
09/25/2007 TUE 12:02 FAX 541 552 2092 City of Ashland Legal
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CITY OF CONTRACTOR: Beery, Elsner & Hammond, LLP
ASHLAND CONTACT: Pam Beery
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 1750 SW. Harbor Way, Sle 380
, Telephone: 541/488-6002 Portland, OR 97201-5106
Fax: 541/488-5311
TELEPHONE: (503) 226-7191
DATE AGREEMENT PREPARED: 09/11/07 FAX: (503)226-2348
BEGINNING DATE: 07/01/07 COMPLETION DATE: 06/30/08
COMPENSATION: $200 per hour for partners and 'of counsel" (Pam Beery, Paul Elsner, Jack Hammond and
Tom Sponsler); $175 per hour for associates, and $75 per hour for legal assistants.
SERVICES TO BE PROVIDED: Looal services reQardinQ Ashland Fiber Network and Penny Nelson
ADDITIONAL TERMS: None
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned Contractor has specialized experience. education, training and
capability sufficient to perform the quality, quantity and type of work requested in the soope of work within the time and
financial constraints provided; (5) the Contractor's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE
as follows:
1. Findings I Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Contractor: Contractor shall, at its own risk and expense. perform the personal services described
above and, unless otherwise specified, furnish all labor, SQuipment and materials rSQuired for the proper performance
of such service.
3. Qualified Work: Contractor has represented, and by entering into this contract now represents, that all personnel
assigned to the work rSQuired under this contract 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 or bonded by the State of
Oregon. are so registered, licensed and bonded.
4. Completion Date: Contractor shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated .above.
5. Compensation: City shall pay Contractor for service performed, including costs and expenses, .the sum specified
above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work
completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract
be prematurely terminated. payments will be made for work completed and accepted to date of termination.
6. OWnership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505. 279C.515. 279C.520 and 279C.530 are made part of this contract.
8. living Wage Requirements: If the.amount of this contract is $17.342 or more. Contractor is required to comply with
chapter 3.12 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. Contractor is also required to post the notice attached hereto as Exhibit B predominanUy in areas where
it will be seen by all employees.
9. Indemnification: Contractor agrees to defend. indemnify and save City, its officers, employees and agents harmless
from any and all iosses, claims. actions, costs, expenses. judgments. subrogations. 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 contract by Contractor (including but not limited
to, Contractor's employees, agents. and others designated by Contractor to perform work or services attendant to this
contract). Contractor shall not be held resnonsible for anv losses, expenses, claims, subrOQations actions costs,
Contract for PERSONAL SERVICES Less than $25.000
Contract for Personal Services Less than $25,000. Revised by Legal 03126/2007, Page 1 of 7
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jUdgments, or other damages, directly, solely, and proximately caused by the negligence of City.
10. Termination;
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
writlen notice to Contractor, 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;
il. 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 contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Contractor to provide the
services required by this contract is for any reason denied, revoked, suspended. or not renewed.
d. For Default or Breach.
I. Either City or Contractor may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract 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 Contractor's performance of each and every obligation and duty under
this contract. City by written notice to Contractor of default Or breach may at any time terminate
the whole or any part of this contract if Contractor fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
ill. 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 contract.
e. Obliaationlliabilitv of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notlce of termination. Further, upon termination,
Contractor shall deliver to City all contract documents. information. works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Contractor Is an independent contractor and not an employee of the City.
Contractor shall have the complete responsibility for the performance of this contract. Contractor shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Contractor is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without writlen consent of City shall be
void. Contractor shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach Or default of
any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a ORF if
Contractor has qualified as a ORF for this 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 Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14, Insurance. Contractor shall at its own expense provide the following insurance:
a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liabiltlv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1.000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
c. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000 $1 000000 $2000,000 or Not Aoolicable for each occurrence for Bodilv Iniurv and Prooertv
Contrscl for Personal Services Less than $25,000, Revised by Legal 0312612007, Page 2 of 7
09/25/2007 TUE 12:02 FAX 541 552 2092 City of Ashland Legal
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Damage. It shall include contractual liability coverage for the indemnny provided under this contract.
d. Automobile Liabilnv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Properly Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or chanae. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and ns
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages
required by this Contract, the Contractor shall fumish acceptable insurance certificates prior to commencing work
under this contract. The certificate will specify all of the parties Who are Addnionallnsureds. Insuring companies
or entities are subject to the cny's acceptance. If requested, complete copies of insurance policies; trust
agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent
deductibles, selt-insured retentions and/or self-insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any Jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. It, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BE1WEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRmEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. NDnapproprlatlDns Clause. Funds Available and Author~ed: City has sufficient funds curren~y available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
Cny in the exercise of its reasonable administrative discretion. to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to Cny, effective upon the delivery of written notice to Contractor, with no further
liabilny to Contractor.
Certification. Contractor shall si n the certification attached hereto as Exhibit A and herein incor orated b reference.
CONTRACTOR CITY OF ASHLAND:
BY ,4~tc.1 <<. .. , BY
Signature' ~
Pam Bee
Print Name
TITLE
Attorney at Law
DATE
DATE C; /20 / u 1-
FederallD#
q3. j,:)3Lf X'c I
ACCOUNT #
'Completed W9 form must be submitted with contract
PURCHASE ORDER #
(For cny purposes only)
C7g "7/
Contract for Personal Services Less than $25.000, Revised by Legal 03/26/2007, Page 3 of 7
09/25/2007 TUE 12:03 FAX 541 552 2092 City of Ashland Legal
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Contract for Personal Services Le.. than $25,000, Revised by Legal 03/2612007, Page 4 of 7
09/25/2007 TUE 12:03 FAX 541 552 2092 City of Ashland Legal
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EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of pe~ury, certifies that (a) the
number shown on the attached W-Q form is its Correct taxpayer ID (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Intemal 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. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of pe~ury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
/
/
11",
/
V'
/
(1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) labor or services are performed for two or more different persons within a period of one
year.
(6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided:
.-I2{c{ It ( '7 eifA " /
Contractor I
. /)t'1' yq
J
'i:/;;I1U'" * J-/ammrmd LLrD
(Date) q /2-Sk'j
Contract for Personal Services Less than $25,000. Revised by Legal 03126/2007, Page 5 of 7
09/25/2007 TUB 12:03
FAX 541 552 2092 City of Ashland Legal
Foon W-9
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do nDt
send to \he IRS.
(RC\'.J~:<<m)
Departtnel'f.flllhell'f14S11'j
ntrnllllRe4ftlE!~e
13~'i: ~'1
EM;inoss namlil, if different from above
?L"SN'2K ~ HArYWYI01'--->D
LLP
N
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0.
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0.$
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Nome
0""""",...
Tax a er IdentiflClltion Number (flNl
Partr'la'$l'1ip 0 Othet,. ______".____.__.___ 0 =r;:nbaclwp
R~cr'~ I1\IIT1C ilnd~~(optioMI)
~v\k::;(~
I SocIal seariy number
" + I -I- I I I
Enter your TIN In the appropri8te bOx.. For ir'ldiviCl~ this is ycu social 5eCUrity m.l1lber (SSN).
tIOw$V$f', for a res.... 81it'rt. $Ole proprietor, or diwegardecl emJty. see the P.-t IInstnIctions on
page 3. fa' other entitles. It Is YOLl" employer kienU1lcalion numDet (EIN). Ir you dO nQI. havE! .. number.
see How to get a TIN on page J. .
Note: If the aecount is i1t ma-e than one f1ilffle. see me chsn. on fNl9t: 4 for guidelines on whose number
tamler.
CenlflClltion
U.- ponalllos of P"'luty. I c..ufy ""'t:
1. The JMJlber shown on this form ls my correct taxpayer idontlfICatiOn numbl:!l' (Ot I am waitk'lg for a nr,mt)@t ro be. i$$UOd to me). and
2. I 8lT1 not subject to backup wtthhofdlng because: (a) I am Q)[Qil'lpl ftom ~cIwp withholding. Of (b) I ha\iQ not ~ notiftCd by the InterMl
Revenue SeMcc ORS) that I am sul:ljoCt: to backup \rtt'nOlding as. a tosuIt or tl ~ilun:! to report all intem$t Of dMdMds. Of (c) me IRS has
notifltd ITlC that I am no tongar subjel:1. to backup withhokIing. and
3. I am a U.S, person (including B u.s. ~nt i11ien).
Cortification ~ You muu trO$1; Out iletn 2 abc;M! if you heve bem nQtified by ~ IRS thai )'[1lJ are CtlTenlly SlJt!i8Ct 10 backup
withholdng because you have failed to report iii. intefest ~nd dividends on ytI'M'" Wlt return. For real esune tra~oos. item 2 d~s rJDt apply_
For mortgage interest paid. ~uisiWn or ",bijllldQnment of ~P,Q"ed ~operty. canceRaOOn of debt contlibYtioos to 8fl i1d~' retirement
8IT8fl91i!"1ent ~RA). and generalty. payments ~ than Interest and dividends. you are not required to sign the Certlfication. but you must
Pfovide your C<.YreCt TIN. (See the Instructions on page 4.)
7
SIgn
Here
Slgoo'" Of
u.s. ..
Purpose of Form
A person who is required to file an information return with
the IRS. must obtain your correct taxpayer identificatiOn
number (TIN) to ropon. for e.ample. income paid to you, feal
..tote lrO_Ctions. mortgage interest you paid. acquisition
or abandonment of secured propeny, cancellation of debt. Of
contributions you made to an IRA.
us. person. Use Form W.g only if yoo are a u.S. person
Qnclucling B resident alien}, to provide your correct TIN to the
person requesting ~ (tho request<lr) and. when applicable. to:
1. Certify that the TIN you are giving Is correct (or you are
wailing for a number to be issued).
2. Certify that you are not subject to backup withholcf'"!l,
or
3. Claim ""emption from bacl<up withholding W you are a
u.S. e.empt payee.
Note: If a roq.-er gives you a form other than Form W-9
to request your nN. you must use the requester~ form If It is
S1Jbst1m~aIIy similar to this Form W.9.
Foreign person. If you are a foreign person. use the
appropriate Form w.e (see Pub. 515, Withholding of Ta. on
Nonresident ArlOns and Foreign Entities).
or
-..
Nonresident alien who becomes a ...- alien.
Generally. only a nonresldent alien Individual may use the
terms Of a tax treaty to reduce or eliminate U.S. taX on
certain types of income. However. most tax treaties contain a
provision known as a "saving cktuse. .. Exceptions specified
In the saving dause may perm~ an exemption from tax to
continue for certain types of Income even after the feclplent
has otherwise become a U.S. resident allen for tax p"rposes.
If you are a U.S. te5ident alien who is relying on an
exception contained in the saving clause of 8 tax treaty to
claim an exemption from U.S. tax on certain types of incomo.
you IY<JSt attoch a Slatement that specifles the following five
Items:
1. The treaty countJy. Generally, this must be the same
treaty under which you claimed exemption from tax as a
nonresldent alien.
2. The treaty article addressing the income.
3. The article number (or location) in the lID< treaty that
contains the saving dause and its exceptions.
4. The type and amount of Income that qualifies for the
exemption from tax.
S. Sufficient facts. to justify the exemption from tax under
the terms of the treaty article.
Cat. No. 10231X
Form W-9 ~. 1-20(3)
Contract for Personal Services Less than $25,000, Revised by Legal 03/2612007, Page 6 of 7
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09/25/2007 TUB 12:03 FAX 541 552 2092 City of Ashland Legal
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CITY OF ASHLAND, OREGON
EXHIBIT B
City of Ashland
LIVING
~.JI......
1J.."1
m.J!Ip~l'ilt<l!Jrll!ff~~tM'~~une30, .20()6
. """'''''''''"
(Increases annually every June 30 by the.
Consumer Price Index)" .
Employees must be paid a
living wage:
>> For all hours worked under a
service contract between their
employer and \he City of
Ashland ~ the contract
exceeds $16,936 or more.
)> For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
worKing on a project or
portion of business of their
employer, if the employer has
ten or more employees, and
has received financial
assistance for the project or
business from \he City of
Ashland in excess of $16,936.
)> 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 heallh care, retirement,
401 K and IRS eligible
cafeterta plans (including
childcare) benefits to the
amount of wages received by
the employee.
)> Note: 'Employee' do.es not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month pertod. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.020.
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or wrtte to the City Administrator, 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 predominantly in areas where it can be seen by all
em ployees.
CITY OF
ASHLAND
Contract for Personal Services Less than $25,000, Revised by Legal 03/26/2007, Page 7 of 7
nY--TTJ
.
.~.:'::~~-~
Beery Elsner
& Hammond LLP
I'. U i:
-- --~~-----_._-
APR 3 0 2007
,..~_.- "
L ..
-'
April 27, 2007
Mr. Michael Franell
City Attorney
City of Ashland
20 E. Main Street
Ashland, OR 97520
Re: Legal Services
Dear Mike:
This follows our telephone conversation yesterday morning. I am writing this letter to confirm
that Beery, Elsner & Hammond, LLP has been engaged by the City of Ashland ("City") to act as
special legal counsel. Specifically, the firm will act as special counsel to provide the City with
an opinion concerning the legal sufficiency of the City's recent transactions relative to Ashland
Fiber Network, and to advise the City concerning lJIlY risks presented by the related pending
dispute with a Citizen concerning the availability of thee able system for public access
programming.
Our rates for this matter will be:
· $200 per hour for partners and "of counsel" (pam Beery, Paul Elsner, Jack Hammond and
Tom Sponsler);
· $175 per hour for associates (David Doughman, Chris Crean, Nancy Werner, and Matt
Michel);
· $75 per hour for our legal assistants Linda Kinman, Eliza Chiasson and Scelena
Richardson.
I will act as managing partner, and any questions concerning these matters should be directed to
me. We will act at your direction and that of Martha Bennett and Richard Appicello in
completing our work for the City. Any correspondence I produce to third parties on these matters
will be copied to you and to others as you deem appropriate.
We submit statements each month showing all services performed, who performed them, and
what the cost of the services was. We bill for out-of-pocket costs without markup. I personally
review each statement each month to be sure the charges are appropriate.
I will attempt to get you an initial opinion within two weeks and to finalize and respond to any
questions prior to the City Council meeting of May 15, 2007.
F:\Admin\PSAs\Ashland engagement.LTR.doc
t 503.226.7191
f 503.226.2348
e info@gov-Iow.com
1750 SW Harbor Way Suite 380
Portland OR 97201-5106
www.gov-Iaw.com
TIT"TT
-1.J L.J .J. .J.
April 27, 2007
Page 2
We very much appreciate this opportunity to be of service to the City of Ashland. If you have
any questions or concerns, please feel free to contact me.
Sincerely yours,
~
Pamela J. Beery
PJB/ec
cc: Martha Bennett, City Administrator, City of Ashland
F :\Admin\PSAs\Ashland engagement.LTR.doc
TIT"'TT
,
~ -L..I -L -L
Page 1/1
~~,
CITY OF
ASHLAND
DATE
10/3/2007
P0 NUMBER
07851
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 006105
BEERY ELSNER & HAMMOND LLP, ATTORNEYS,
1750 SW HARBOR WAY SUITE 380
PORTLAND, OR 97201-5164
SHIP TO: City of Ashland
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: ADMINISTRATION
Contact: Richard Appicello
Confirming? No
Cuanlitv Unit Description Unit Price Ext. Price
Leqal Services 7,500.00
Re: Ashland Fiber Network and Pennv
Nelson throuqh 06/30/2008
Contract for Personal Services
Beqinninq date: 07/01/2007
Completion date: 06/30/2008
Compensation: $200 per hour for
partners and "of counsel" (Pam Beery,
Paul Elsner, Jack Hammond and Tom
Sponsler); $175 per hour for
associates, and $75 per hour for leqal
assistants.
SUBTOTAL 7 500.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 7,500.00
ASHLAND, OR 97520
AccountNumbe~r ProjectNuinber Amount Account Number pr6jectNuinber Amount
E 710.01.03.00.60414 7 500.00
I
~ c1~nature
VENDOR COPY
lor it
rr-"ose ("'fin
;~,! 1(. j\ ",.t:i
CITY OF
ASHLAND
REQUISITION FORM
THIS REQUEST IS A:
o Change Order(existing PO #
Date of Request: I y. // 0'7 I
Required Date of Delivery/Service: lAl4l' I
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Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS
Small Procuremenl o Sole Source o Invilalion 10 Bid
o Less than $5,000 o Written findings attached (Copies on file)
o Quotes (Not required)
CooDerative Procurement o Reouesllor Proposal
o State of ORIWA contract (Copies on file)
Inlennediate Procuremenl o Other government agency contract o Special I Exempl
o (3) Written Quotes 0 Copy of contract attached o Written findings attached
(Copies attached) 0 Emeraencv
0 Contract # 0 Written findings attached
Description of SERVICES
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Th'.e0'uOIl 0({;....30. of"
o Per attached PROPOSAL
Total Cost
Item" Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number ______ - ___
o Per attached QUOTE
Account Number EtO- Ot -djO;} ~.::J$A:J
. Items and selVices must be charged to the appropriate account numbers for the 6nanc;als to reflect the actual expenditures eccuretely,
G: Finance\Procedure\AP\Forms\8_Requisition form revised
By signing this requisffion fonn, / certify that the infonnation provided above meets the City of Ash/and pub' in cting
and the documentation can be provided upon request
Employee Signature: Supervisor/Dept. Head Signature:
Updated on: 61812005