HomeMy WebLinkAbout2011-167 Contract - Douglas McGeary PERSONAL SERVICES CONTRACT Contractors completed performance has been accepted by City,
whichever event occurs first. However, such expiration shall not
This contract is between City of Ashland, a political subdivision of the extinguish or prejudice City's right to enforce this contract with respect to:
State of Oregon, hereinafter called."City', and Contractor hereinafter
called"Contractor". The parries agree as follows: Co anY breach a Contractor warranty; or(b) any default or defect in
Contractor's performance that has not been cured.
1. Contractor's information: - 5. Contract Documents: This contract between the parties consists of
this Personal Services Contract, Scope of Work (Exhibit A), General.
NAME(tax filing): Douglas M.McGeary,Attorney at Law Conditions (Exhibit B) Compliance with Applicable Laws (Exhibit C)
and the following attached documents, if checked, which contain all the
ADDRESS: 2N.Oakdale Ave, Medford,OR 97501 terms and conditions of the contract and are incorporated by this
doug@douglasmmcgeary.com reference:
CITIZENSHIP,if applicable: ❑ ExhibitD Supplementary Conditions
Non-resident alien ❑Yes X No ❑ Exhibit E Required Federal Terms and Conditions
BUSINESS DESIGNATION(check one): 6. Amendments: The terms of this contract shall not be waived,
•Corporation ❑General Partnership altered, modified, supplemented or amended, in any manner whatsoever,
•Limited Partnership ❑Governmental/Non-Profit except by written instrument signed by the parties.
•Limited Liability Compmy0 Limited Liability Partnership
X Sole Proprietorship 'IN WITNESS WHEREOF, THE PARTIES OR THEIR DULY
Federal Tax ID#• 26-1417718 AUTHORI REPRFS NTATIVES HAVE SIGNE THIS
SSNk:N/A CONTRACT: //
(Commaor mart,tov de Canrectofe Saaat S 6,y Numba unku it po.idm•federal TED wmba). - ( I
Contractor Do eGeary ( ate)
Oregon Business Licensell: N/A Title: Attorney at Law
City of Ashland City Manager - (Date)
CERTIFICATIONS/REPRESENTATIONS: Contractor, under
• penalty of perjury, certifies that(a)the number shown on this form is its
2. Description of Contractor's Services, Delivery Schedule and correct taxpayer ID (or is waiting for the number to issued to it and
.Compenstation: ® Exhibit A Scope of Work (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 Internal
3. Compensation by City: Payment for all work performed under this Revenue Service(IRS)that it is subject to backup withholding as a result
contract shall be made as set forth below from available and authorized of a failure to report all interest or dividends or(iii)the IRS has notified it
City funds, and shall not exceed the maximum sum of Payment for all that it is no longer subject to backup withholding. Contractor further
work performed under this contract shall not exceed the maximum sum of represents and warrants to City that (a)it has the power and authority to
See Exhibit A. Travel and other expenses of the Contractor shall not be enter into and perform the work, (b) the Contract, when executed and
reimbursed by City unless specifically provided herein as a supplementary delivered, shall be a valid and binding obligation of Contractor
condition. enforceable in accordance with its tcrms(c) the work under the Contract
a. Interim payments shall be made to Contractor following City's shall be performed in accordance with the highest professional standards,
review and approval of billings submitted by Contractor. Contractor will and(d)Contractor is qualified professionally competent and duly licensed
also submit copies of odimbillings for work performed:under the-contract—to_perfonn_thew k.—Contmetor_aiso_certifim-under penalty of perjury ---
when such bills are to be paid by other parties. These other billings are that its business is not in violation of any Oregon tax laws, and it is a
not subject to the maximum compensation amount of this contract. corporation authorized to act on behalf of the entity designated above and
b. Contractor shall not submit billings for, and City will not pay, any authorized to do business in Oregon or is an independent contractor as
amount in excess of the maximum compensation amount of this contras, defined in the contract documents,and has checked four or more of the
including any travel and other expense when noted below. If the followinge teria: -
maximum compensation amount is increased by amendment of this X (1) I carry out the labor or services at a location separate from my
contract, the amendment must be fully effective before Contractor residence or is in a specific portion of my residence, set aside as the
performs work subject to the amendment. Contractor shall notify City's location of the business.
supervising representative in writing 30 calendar days before this contract X .(2) Commercial advertising or business cards or a trade
expires of the upcoming expiration of the contras. No payment will be association
made for any services performed before the,beginning date or after the membership are purchased for the business.
expiration date of this contract. This contract will not be amended after __X__(3) Telephone listing is used for the business separate from the
the expiration date. personal residence listing.
c. Contractor shall submit bi-weekly billings for work performed. The X (4) Labor or services are performed only pursuant to written
billings shall describe all work performed with particularity,by whom and contracts•
on the date it was performed,the number of hours spent performing such X (5) Labor or services are performed for two or more different
work,and shall itemize and explain all expenses for which reimbursement persons within a period of one year.
is claimed.Billings shall be sent to the supervising representative. __2L_(6) 1 assume financial responsibility for defective workmanship or
for service not provided as evidenced by the ownership of performance
4. Effective Date and Duration: This Contract shall become effective bon wararties, errors and omission insurance or liability insurance
on duration from May 11,2010 or the date this Contras is fully executed celaCng the la or or iervices to a fovided.
and approved as required by applicable law. Unless earlier terminated or f .
extended, this contract shall expire on No Specified Date. or when A64 A
C ctor (Dail)
EzhibjtA SCOPE OF WORK
Description of Contractor's Services, Delivery $110/hour,no retainer.
Schedule and Consideration: D. Attendance.at any City Council meetings, and
Provide legal advice and/or services in areas of other meetings as necessary.
municipal law to assigned city departments, and $110/hour, no retainer.
mayor and city council.
E. Monitor pending and current State and
Rate: Federal legislation and case law as appropriate.
A. Review, charge. and prosecute municipal No charge.
criminal and code violations.
Travel is charged at $30/hour for any travel exceeding
$110/hour,no retainer. one half hour and is charged in lieu of standard legal
services rate.
B. Routine legal advice, consultation and
opinions of the City Council and staff; After six month from effective date of contract,
Contractor reserves opportunity to adjust.its rates.
$I I O/hour,no retainer.
Hours:
C Assistance in the preparation and review of
ordinances, resolutions, agreements, contracts and Contractor's hours shall not exceed twenty (20) hours a
related documents: week unless first notifying city or interim city attorney
and additional time is approved.
2S,coo --
Exhibit B GENERAL CONDITIONS ii. If federal or state regulations or guidelines are modified,changed, or
interpreted in such a way that the services are no longer allowable or
1. Independent Contractor;Responsibility for Taxes and appropriate for purchase under this contract or are no longer eligible for
Withholding;Retirement System Status: the funding proposed for payments authorized by this contract;or
a. Contractor shall perform the work required by this contract as an iii. If any license or certificate required bylaw or regulation to be held by
independent contractor. Although the City reserves the right (i) to Contractor to provide the services required by this contract is for any
determine (and modify) the delivery schedule for the work to be reason denied,revoked,suspended,or not renewed.
performed and(ii)to evaluate the quality of the completed performance, - d. For Default or Breach.
the City cannot and will not control the means or manner of the i. Either City or Contractor may terminate this contract in the event of a
Contractor's performance. The Contractor is responsible for determining breach of the contract by the other. Prior to such termination the parry
the appropriate means and manner of performing the work. seeking termination shall give to the other party written notice of the
b. The Contractor represents and warrants that Contractor(i) is not an breach and intent to terminate. If the parry committing the breach has not
employee of City of Ashland, Oregon, (ii) is not currently employed by entirely cured the breach within 15 days of the date of the notice,or within
the Federal Government, and (iii)mats the specific independent such other period as the parry giving the notice may authorize or require,
contractor standards of ORS 670.600, as certified on the foregoing then the contract may be terminated at any time thereafter by a written
Certification Statement for Corporation or Independent Contractor. notice of termination by the party giving notice.
Contractor is not an"officer","employee",or"agent"of the City,as those ii. Time is of the essence for Contractor's performance of each and
terms are used in ORS 30.265. every obligation and duty under this contract City, by written notice to
c. Contractor shall be responsible for all federal or state taxes Contractor of default or breach, may at any time terminate the whole or
applicable to any compensation or payments paid to Contractor under this any pan of this contract if Contractor fails to provide services called for by
contract and,unless Contractor is subject to backup withholding,City will this contract within the time specified herein or in any extension thereof.
not withhold from such compensation or payments any amounts(s) to iii.* The rights and remedies of City provided in this subsection d are not
cover Contractor's federal or state tax obligations. Contractor is not exclusive and are in addition to any other rights and remedies provided by
eligible for any federal Social Security, unemployment insurance, or law or under this contract. ..
workers' compensation benefits from compensation or payments paid to C. Obligation/Liability of Parties. Termination or modification of this
Contractor under this contract,except as a self-employed individual. contract pursuant to subsections a,b or c above shall be without prejudice
to any obligations or liabilities of either party already accmcd prior to such
2. Subcontracts and Assignment: Contractor shall not enter into any termination or modification. However, upon receiving a notice of
subcontracts for any of the Work required by this Contract or assign or termination (regardless whether such notice is given pursuant to
transfer any of its interest in this Contract without City's prior written subsections a,b,cor d of this section 6 Contractor shall immediately cease
consent.Any proposed use of a subcontractor which is located outside the all activities under this contract, unless expressly directed otherwise by
United States or use of subcontract labor or facilities located outside the City in the notice of termination. Further, upon termination, Contractor
United States must be called to the specific attention of City. City's shall deliver to City all contract documents, information, works-in-
consent to any subcontract shall not relieve Contractor of any of its duties progress and other property that are or would be deliverables had the
or obligations under this Contract. contract been completed. City shall pay Contractor for work performed
prior to the termination date if such work was performed in accordance
3. Successors and Assigns: Neither party shall subcontract,assign or with the Contract
transfer its interest in this Contract without the express written consent of
the other party, and such consent shall not be unreasonably withheld. In 7. Records Maintenance; Access; Ownership of Work Product;
addition to any other provisions,Contractor shall include in any permitted License:
subcontract under this Contract a requirement that the subcontractor be a Records Maintenance: Access. Contractor shall maintain records
bound to the same provisions herein as if the subcontractor were the pertinent to this contract in such a manner as to clearly document
Contractor.The provisions of this Contract shall be binding upon and shall Contractor's performance hereunder. Contractor acknowledges and agrees
inure to the benefit of the parties hereto, and their respective successors that City end its duly authorized representatives shall have access to such
and assigns.Consent of City given to a subcontractor does not relieve the fiscal records and to all other books, documents, electronic files, papers,
Contractor of any obligations and responsibilities under this Contract, plans and writings of Contractor that are pertinent to this contract for the
- - —.including-Contractor-'s-responsibility-for-any=goods-and-services=to=be=purpose:of perf orming�vaminations:and:audits;.and=making-excerpts-and -- - — -
provided by any subcontractor. tmnscripts-Contractor further acknowledges records-generated as a result
of this Contract may be subject to disclosure pursuant to the Oregon Public
4. No Third Party Beneficiaries: City and Contractor are the only Records Act
parties to this contract and are the only parties entitled to enforce its terms. . b. Ownership of Work Product: License. All work products of the
Nothing in this contract gives,is intended to give,or shall be construed to Contractor that result from this contract ("the work products") are the
. give or provide, any benefit or right, whether directly, indirectly or exclusive property of the City. In addition, if any of the work products
otherwise, to third persons unless such third persons are individually contain intellectual property of the Contractor that is or could be protected
identified by time herein and expressly described as intended by federal copyright,patent,or trademark laws,or state trade secret laws,
beneficiaries of the terms of this contract. Contractor hereby grants City a perpetual, royalty-free, fully paid-up,
nonexclusive and irrevocable license to copy,reproduce, deliver, publish,
S. Funds Available and Authorized: City has sufficient funds perform, dispose of, use and re-use, in whole or in part,and to authorize
currently available and authorized for expenditure to finance the costs of others to do so, all such work products, including but not limited to any
this contract within the City's fiscal year budget. - information,designs,plans or works provided or delivered to the City or
produced by the Contractor under this contract
6. Termination:
a Mutual Consent. This contract may be terminated at any time by
mutual consent of both parties.
b. Parties'Convenience. This contract may be terminated at any time
by either Party 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 written 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, or other sources is not obtained
and continued at levels sufficient to allow for the purchase of the indicated
quantity of services;
8—Compliance with Applicable Law: Contractor shall comply with
• 'all fxi ml, state and local laws and ordinances applicable to the work 14. Severability: The parties agree that if any term or provision of this
under this contract, including, without limitation, the provisions of ORS contract is declared by a court of competent jurisdiction to be illegal or in
2798.220, 279B.230,and 2798.235, and as well as other statutes as set conflict with any law, the validity of the remaining terms and provisions
forth in the attached Compliance With Applicable Law,which is by this shall not be affected,and the rights and obligations of the parties shall be
reference made a part hereof. Without limiting the generality of the construed and enforced as if the contract did not contain the particular term
foregoing, Contractor expressly agrees to comply with:(i)Title VI of the or provision held to be invalid.
Civil Rights Act of 1964;(ii)Section V of the Rehabilitation Act of 1973;
(iii) the Americans with Disabilities Act of 1990 (Pub L No. 101-336), 15. Survival: The terms, conditions, representations and all warranties
ORS 659A.142, and all regulations and administrative rules established contained in this Contract shall survive the termination or expiration of
pursuant to those laws; and (iv) all other applicable requirements of this Contract.
federal, stale and local civil rights and rehabilitation statues, rules and
regulations. 16. Waiver: The failure of either party to enforce any provision of this
contract shall not constitutes waiver by either party of that or any other
9. Foreign Contractor: If the Contractor is not domiciled in or provision.
registered to do business in the State of Oregon,Contractor shall promptly
provide to the Oregon Department of Revenue and the Secretary of State 17. Execution and Counterparts: This contract may be exercised in
Corporation Division all information required by those agencies relative to several counterparts,each of which shall be an original,all of which shall
this Contract. The Contractor shall demonstrate its legal capacity to constitute but one and the same instrument.
perform these services in the State of Oregon prior to entering into this
contract. - 1& Prior Approval Required: Approval by the City of Ashland City
10. Governing Law; Jurisdiction; Venue: This contract shall be Council or the City Manager is required before any work may begin under
governed and construed in accordance with the laws of the State of this contract-
Oregon without resort to any jurisdiction's conflict of laws, rules or
er
doctrines. Any claim,action,suit or proceeding(collectively,"the claim") personal Notices required this contract must be given in writing by
between the City•(md/or any other City or department of the State of personal delivery or marl, at the a addresses given by the parties on the first
Oregon)and the Contractor that arises from or relates to this contract shall page of this contract, unless some other means or method of notice is -
be brought and conducted solely and exclusively within the Circuit Court required by law. Each party will notify the other of any change of address.
of Jackson County for the State of Oregon. If,however,the claim must be
brought in a federal forum,then it shall be brought and conducted solely 20. Confidentiality: Contractor acknowledges and agrees 'it is
and exclusively within the United States District Court for the District of responsible for ensuring compliance with all applicable confidentiality
Oregon filed in Jackson County, Oregon. Contractor, by the signature laws, including but not limited to the Health Insurance Portability
herein of its authorized representative,hereby consents to the in personam Accountability Act(HIPAA) and Family Educational Rights and Privacy
jurisdiction of said courts. In no event shall this section be construed as a Act(FERPA).
waiver by City of any form of defense or immunity,based on the Eleventh
Amendment to the United States Constitution, or otherwise, from any 21. Merger Clause: THIS CONTRACT AND ATTACHED EXHIBITS
claim or from the jurisdiction. CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES.
NO WAIVER,CONSENT,MODIFICATION OR CHANGE OF TERMS
11. Insurance: OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN
a. Insurance. Contractor shall at its own expense provide the following WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,
insurance: CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE
i Worker's Compensation insurance in compliance with ORS EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE
656.017, which requires subject employers to provide Oregon workers' -SPEC IFIC-PURPOSE-GIVEN.-THERE ARE NO UNDERSTANDINGS,
compensation coverage for all their subject workers. AGREEMENTS,OR REPRESENTATIONS,ORAL OR WRITTEN,NOT
ii Professional Liability insurance with a combined single limit,or the SPECIFIED HEREIN REGARDING THIS CONTRACT.
__equ v-aleny-a£ nor_less_than_S2Q0,000-for-each-claim,=incident=or=CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED
---occurrence.- is-is-to-rover-damages-caused-by-er,-omission -or- REPRESENTATIVE-
-Th rro I[EREBYiCCKNOWIEDGES'THAT—HE/SHE _ -"-"
HAS READ THIS CONTRACT, UNDERSTANDS 1T, AND AGREES
negligent acts related to the professional services to be provided under this
TO BE BOUND BY ITS TERMS AND CONDITIONS.
contract.
iii General Liability insurance with a combined single limit, or the
equivalent,of not less than N/A for each occurrence for Bodily Injury and
Property Damage.
iv Automobile Liability insurance with a combined single limit,or the . -
equivalent, of not less than SN/A for each accident for Bodily Injury and "
Property Damage, including coverage for owned, hired or nonowned
vehicles,as applicable. '
V. Umbrella/Excess Liability insurance with combined single limits/
annual aggregate of not less than SN/A for Bodily Injury and
Property Damage. _
c. Notice of cancellation of chanee. -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.
12. Left for insertion.
13. Force Majeure: Neither City nor Contractor shall be held
responsible for delay or default caused by flre, riot, acts of God, or war
where such cause was beyond, respectively, City's or Contractor's
reasonable control. Contractor shall,however,make all reasonable efforts
to remove or eliminate such a cause of delay or default and shall,upon the
cessation of the cause, diligently pursue performance of its obligations
under this contract.
E;hibit C COMPLIANCE WITH APPLICABLE LAW time and a half for all overtime worked in excess of 40 hours in any one
• (Public Nonlmprovement Contracts) week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209
ORS 2796.220 Conditions of public contracts concerning payment of from receiving overtime. (4) In the case of a contract for services at a
laborers and materialmen,contributions to Industrial Accident Fund, county fair or for other events authorized by a county fair board, the
liens and withholding taxes. Every public contract shall contain a contract must contain a provision that employees must be paid at least time
condition that the Contractor shall: and a half for work in excess of 10 hours in any one day or 40 hours in any
vi. Make payments promptly, as due, to all persons supplying to such one week. An employer shall give notice in writing to employees who
contractor labor or material.for the prosecution of the work provided work on such a contract, either at the time of hire or before
for in such contract. commencement of work on the contract, or by posting a notice in a
vii. Pay all contributions or amounts due the Industrial Accident Fund location frequented by employees, of the number of hours per day and
from such contractor or subcontractor incurred in the performance of days per week that employees may be required to work. (5)(a) Except as
the contract. provided in subsection (4) of this section, contracts for services must
viii. Not permit any lien or claim to be filed or prosecuted against the contain a provision that requires that persons employed under the contracts
state, county, school district, municipality, municipal corporation or shall receive at least time and a half pay for work performed on the legal
subdivision thereof,on account of labor or material furnished: holidays specified in a collective bargaining agreement or in ORS
ix. Pay to the Department of Revenue all sums withheld from employees 279B.020(1)(bxB)to(G)and for all time worked in excess of 10 hours in
pursuant to ORS 316.167. any one day or in excess of 40 hours in any one week, whichever is
greater.[HB 22141
mulcchi g yard Condition asteomaterial. Every publicccontractc for lawn Band ORS Chapter 244. Contractor shall not provide or offer to provide any
landscape maintenance contain a condition requiring the contractor appreciable pecuniary or material benefit to any officer,employee or agent
to salvage,recycle,compost or mulch yard waste material at an approved of the City in connection with this contract in violation of ORS Chapter
site,if feasible and cost-effective. 244 or City's personnel rules.
ORS 279B.230 Condition concerning payment for medical care and ORS 670.600 provides in part: "As used in various provisions of
providing workers'compensation. (1) Every public contract shall also ORS Chapters 316,448,656,657,671 and 701,an individual or business
contain a condition that the contractor shall promptly, as due, make entity that performs labor or services for remuneration shall be considered
payment to any person, co-partnership, association or-corporation, to perform the labor or services as an 'independent contractor' if the
furnishing medical, surgical and hospital care or other needed oare and standards of this section one met" ORS 670.600 also provides standards
attention, incident to sickness or injury, to the employees of such for satisfying the designation of an independent contractor:
contractor,of all sums which the contractor agrees to pay for such services I. Free from direction and control over means and manner of providing
and all moneys and sums which the contractor collected or deducted from labor or service.
the wages of employees pursuant to any law,contract or agreement for the 2. Responsible for obtaining all necessary business registrations and
purpose of providing or paying for such service. professional occupation licenses.
(2) Every public contract also shall contain a clause or condition that all 3. Furnishes its own tools and equipment for the work
employers working under the contract are subject employers that will 4. Has the authority to hire and fire employees to perform the work.
comply with ORS 656.017 or arc exempt under ORS 656.126. 5. Registered under ORS Chapter 701.
6. Filed federal and slate income tax returns in the name of its business
ORS 279B.235 Condition concerning hours of labor. (1) Except as or a business Schedule"C" as part of the personal income tax return,for
provided in subsections (3) to (6) of this section, every public contract the previous year, for labor or services performed as an independent
subject to this chapter must contain a condition that a person may not be contractor in the previous year.
employed for more than 10 hours in any one.day,or.40.hours in my-one Represents to the public that the labor or services are to be provided
week except in cases of necessity, emergency or when the public policy by an independently established business.
absolutely requires it, and in such cases, except in cases of contracts for 8. The labor or services are primarily carried out at a location that is
personal services designated under ORS 279A.055,the employce shall be separate from my residence,or is primarily carried out in a specific portion
lraid-ar least timeand-ahalfpay-WA)-Foral-oerttme`tnexcess of—tght°mfmyresi8ence,which-is-set-aside-astheiocahon=oftltebusiness— —_
—hours iii any one day or 40 hours in any one week when the work week is 9. The business has purchased business cards or commercial
five consecutive days,Monday through Friday;or(B)For all overtime in advertising.
excess of 10 hours in any one day or 40 hours in any one week when the 10. A telephone listing and service is used for the business that is separate
work week is four consecutive days,Monday through Friday;and(b)For from the personal residence listing and service.
all work performed on Saturday and on any legal holiday specified in I L' Labor or services are performed only pursuant to written contracts.
ORS 27913.020.(2)An employer must give notice id writing to employees Labor or services are performed for two or more different persons within a
who work on a public contract, either at the time of hire or before period of one year.
commencement of work on the contract, or by posting a notice in a 12. Assumes financial responsibility for defective workmanship or for
location frequented by employees, of the number of hours per day and service not provided as evidenced by the ownership of performance bonds,
days per week that the employees may be required to work(3)In the case warranties,errors and omission insurance or liability relating to the labor
of contracts for personal services as described in ORS 279A.055, the or services to be provided.
contract shall contain a provision that the employee shall be paid at least
Page 1 / 1
JW. CITY OF
ASHLAND DATE I P ;tJIJNIBER 3
20 E MAIN ST. 7/21/2011 10331
ASHLAND, OR 97520
(541)488-5300
VENDOR: 015851 SHIP TO: City Of Ashland
10 MCGEARY, DOUGLAS M 20 E MAIN STREET
2 N OAKDALE AVE ASHLAND, OR 97520
MEDFORD, OR 97501
FOB Point: Req.No.:
Terms: Net Dept.:
Req. Del.Date: Contact: Dave Lohman
Special Inst: Confirming? No
.nO
r,R..
• - .y�"T"�,,a,,. -. �.
:kuanti
- - ,Umt-P°rice MUM
Attorney Services FY 2012 25,000.00
Contract amendment increases amount of
attorney services $25,000-Approved by
City Council July 19, 2011
Note: Initial PO#10005 issued in FY
2011
SUBTOTAL 25 000.00
BILL TO:Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 25,000.00
ASHLAND, OR 97520
�-`�M Account7NUmber�--g.`�, -?r?PiojectJNumber �`-s�. .rAmouht t.-ACCOUn Numbe[la Wp�ro ect`+.Number.,- � � -°iR1P ' '
j ' _ Amount _: -
E 710.01.03.00.60410 25 000.00
Aethhorize d Sig ature VENDOR COPY
FORM #10 CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND
Request for a Change Order
Name of Supplier 1 Contractor)Consultant: Douglas McGeary Total amountuof thls #1a+ '
Purchase Order Number.
coac amendmen
Title/Description: Attomey Services $25,000.00
® Per attached contract amendment
�,"e x x -3 '�.f"'.t "tea.".'
Contract Amendment
Original contract amount $ 50.000.00 100 %of original contract
Total amount of previout s contract amendments %of original contract
Amount of this contract amendment $ 25.000.00 50 %of original contract
TOTAL AMOUNT OF CONTRACT $ 75.000.00 150 %of original contract
In accordance with OAR 137-047-0800:1)The amendment is within the scope of procurement as described in the solicitation documents,Sole Source notice or approval of Special
ProcuremenL 2)The amendment is necessary to comply with a change in law that affects performance of the contract.3)The amendment results from renegotiation of the temps and
conditions,including the contract price,of a contract and the amendment is advantageous to the City of Ashland,subject to all of the following conditions:a)goods and services to be
provided under the amended contract are the same as the goods and services to be provided under the unamended contract;b)The City determines that with all things considered,the
amended contract is at least as favorable to the City as the unamended contract c)The amended contract does not have a total term greater than allowed in the solicitation document
contract or approval of a Special Procurement An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be node by the
amendment in the procurement documents,it would likely have increased competition or affected award of contract.
Contract amendment is within the scope of procurement: YES X NO' (If"NO",Council approval is required)
Sourcing Method:
SMALL PROCUREMENT-Less than$5.000 INVITATION TO BID or COOPERATIVE PROCUREMENT QRF or
❑Total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50.090
amendments s;$6,000. YES I NO ❑ Total amount of cumulative amendments ❑Total amount of original contract and cumulative
❑If'NO',amount exceeding authodty requires s 25%of original contract amount or$250,000 amendments s $t 00K for Goods&Services or
Council approval.Attach copy of Council whichever is less.YES I NO s$75K for Personal Services. YES I NO
Communication. ❑If'NO',amount exceeding authority requires ❑ If'NO",amount exceeding authority requires
❑ Exempt-Reason: Council approval.Attach copy of Council Council approval.Attach copy of Council
Communication. Communication.
❑ Exempt-Reason7 ❑ Exempt-Reason:
INTERMEDIATE PROCUREMENT SOLESOURCE EMERGENCYPROCUREMENT
Goods&Services-$5.000 to$100.000 ❑ Total amount of cumulative amendments ❑ Written Findings:Document the nature of the
Personal Services -$5.000 to$75.00 s 25%of original contract amount or$250,000 emergency,including necessity and circumstances
❑ Total amount of cumulative amendments whichever is less.YES 1 NO requiring the contract amendment
<-25%of original contract amount.YES I NO ❑If'NO',amount exceeding authority.requires ❑ Obtain direction and written approval from City
®If'No',amount exceeding Council approval.Attach copy of Council Administrator
authority requires Council approval. Communication. ❑ If applicable,attach copy of Council
Attach copy of Council ❑ Exempt-Reason: Communication
Communication. ❑ Exempt-Reason:
® Exempt-Reason:AMC 2.50.120 A 1
SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
❑Total amount of original contract and cumulative amendments are ❑Original contract approved by City Council. YES 1 NO
within the amount and terms initially approved by Council as a Special Provide date approved by City Council: jDate)
Procurement. YES I NO If'NO',Council approval is required.Attach copy of Council Communication.
❑ If'NO",amount exceeding authority requires Council approval. ❑ Contract amendment approved and signed by City Administrator.
Attach copy of Council Communication.
Project Number ---_ Account Number 710-01-03-00_604100. Account Number___•_
'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures ately. A f ch a ra pages if needed.
I
Employee Signature: Department Head Signature:
Davi .Lohn an, C'yAttomey
Funds appropriated for current fiscal year. d9 / NO N
Finance Direcf6r Date
Comments:
Form#10-Contract Amendment Approval Request Form,Request for a Change Order,Page 1 of 1,7/2112011