HomeMy WebLinkAbout2011-277 Contract - Douglas McGeary PERSONAL SERVICES CONTRACT (a) any breach of a Contractor warranty; or (b) any default or defect in
This contract is between City of Ashland, a political subdivision of the Contractor's performance,that has not been cured.
State of Oregon, hereinafter called "City", and Contractor hereinafter 5. Contract Documents: This contract between the parties consists of
called"Contractor". The parties agree as follows: this Personal Services Contract, Scope of Work (Exhibit A), General
Conditions (Exhibit B) Compliance with Applicable laws (Exhibit C)
1. Contractor's information: and the following attached documents, if checked, which contain all the
terms and conditions of the contract and are incorporated by this
NAME(tax filing): Douglas M.McGeary,Attorney at Law reference:
❑ Exhibit D Supplementary Conditions
ADDRESS: 2 N.Oakdale Ave, Medford,OR 97501 ❑ Exhibit E Required Federal Terms and Conditions
doug@dougimmmcgeary.com
dougimmmcgeary.com
CITIZENSHIP,if applicable: 6. Amendments: The terms of this contract shall not be waived,
Non-resident alien ❑Yes X No altered, modified, supplemented or amended, in any manner whatsoever,
BUSINESS DESIGNATION(check one): except by written instrument signed by the parties.
❑Corporation ❑General Partnership IN WITNESS WHEREOF, THE PARTIES OR THEIR DULY
•Limited Partnership ❑Governmental/Non-Profit AUTHORIZ REPRESENTATIVES HAVE SIGNS THIS
❑Limited Liability CompanyO Limited Liability Partnership CONTRAC
X Sole Proprietorship - (O
Contractor u as M. M eary (Elatef
Federal Tax 1D#: 26-1417718 Title: rte t Law
SSN#:N/A )/)
(Commnar mart provide Convenors S.0 S.fity Number unless it provides.&deal TID number).
Oregon Business License#: N/A y oCAshlan t y Manager G (Date)
• CERTIFICATIONS/REPRESENTATIONS: Contractor, under
penalty of perjury, certifies that(a)the number shown on this 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 Internal
2. Description of Contractor's Services, Delivery Schedule and Revenue Service(IRS)that it is subject to backup withholding as a result
Compenstation: ID Exhibit A Scope of Work 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
3. Compensation by City: Payment for all work performed under this represents and warrants to City that (a) it has the power and authority to
contract shall be made as set forth below from available and authorized enter into and perform the work, (b) the Contract, when executed and
City funds, and shall not exceed the maximum sum of Payment for all delivered, shall be a valid and binding obligation of Contractor
work performed under this contract shall not exceed the maximum sum of: enforceable in accordance with its terms,(c) the work under the Contract
See Exhibit A. Travel and other expenses of the Contractor shall not be shall be performed in accordance with the highest professional standards,
reimbursed by City unless specifically provided herein as a supplementary and(d)Contractor is qualified,professionally competent and duly licensed
condition. to perform the work. Contractor also certifies under penalty of perjury
a. Interim payments shall be made to Contractor following City's that its business is not in violation of any Oregon tax laws, and it is a
review and approval of billings submitted by Contractor. Contractor will corporation authorized to act on behalf of the entity designated above and
also submit copies of other billings for work performed under the contract authorized to do business in Oregon or is an independent contractor as
when such bills are to be paid by other parties. These other billings are defined in the contract documents, and has checked four or more of the
not subject to the maximum compensation amount of this contract. following criteria:
b. Contractor shall not submit billings for, and City will not pay, any X (1) 1 carry out the labor or services at a location separate from my
amount in excess of the maximum compensation amount of this contract, residence or is in a specific portion of my residence, set aside as the
including any travel and other expense when noted below. If the location of the business.
maximum compensation amount is increased by amendment of this X (2) Commercial advertising or business cards or a trade
contract, the amendment must be fully effective before Contractor association
performs work subject to the amendment. Contractor shall notify City's membership are purchased for the business.
supervising representative in writing 30 calendar days before this contract X (3) Telephone listing is used for the business separate from the
expires of the upcoming expiration of the contract. No payment will be personal residence listing.
made for any services performed before the beginning date or after the X (4) Labor or services are performed only pursuant to written
expiration date of this contract. This contract will not be amended after contracts.
the expiration date. X (5) Labor or services are performed for two or more different
c. Contractor shall submit bi-weekly billings for work performed. The persons within a period of one year.
billings shall describe all work performed with particularity,by whom and X (6) 1 assume financial responsibility for defective workmanship or
on the date it was performed, the number of hours spent performing such for service not provided as evidenced by the ownership of performance
work,and shall itemize and explain all expenses for which reimbursement bonds, warranties, errors and omission insurance or liability insurance
is claimed.Billings shall be sent to the supervising representative. re to the labor or services to be provided.
4. Effective Date and Duration: This Contract shall become effective C /
on duration from October I, 2011 or the date this Contract is fully ont acto (date)'
executed and approved as required by applicable law. Unless earlier
terminated or extended,this contract shall expire on No Specified Date,or
when Contractor's completed performance has been accepted by City,
whichever event occurs first. However, such expiration shall not
extinguish or prejudice City's right to enforce this contract with respect to:
ExhibitA SCOPE OF '
WORK
D. Attendance at any
Description of City' Council meetings,
Contractor's Services, and other meetings as
Delivery Schedule and necessary. ,
Consideration:
$95.00/hour, no retainer.
Provide legal advice E. Monitor pending
and/or services in areas and current State and
of municipal law to Federal legislation and
assigned city case law as appropriate.
departments, and mayor
and city council. No charge.
Rate: Travel is charged at
$30/hour for any travel
A. Review, charge exceeding one half hour
and prosecute municipal and is charged in lieu of
criminal and code standard legal services
violations. rate.
$95.00/hour, no retainer.
After six month from
B. Routine legal effective date of contract,
advice, consultation and Contractor reserves
opinions of the City opportunity to adjust its
Council and staff,•
rates.
$95.00/hour, no retainer.
Hours:
C. Assistance in the
preparation and review Contractor's hours shall
ofordinances, not exceed twenty (20)
resolutions, agreements, hours a week unless first
contracts and related notifying city or interim
documents: city attorney and
$95.00/hour, no retainer. additional time is
approved.
Exhibit B GENERAL Contract without the express no longer eligible for the funding Access. Contractor shall maintain
CONDITIONS written consent of the other party, proposed for payments authorized records pertinent to this contract in
and such consent shall not be by this contract;or such a manner as to clearly
1. Independent Contractor; unreasonably withheld. In addition iii. If any license or certificate document Contractor's
Responsibility for Taxes and to any other provisions, Contractor required by law or regulation to be performance hereunder. Contractor
Withholding; Retirement System shall include in any permitted held by Contractor to provide the acknowledges and agrees that City
Status: subcontract under this Contract a services required by this contract is and its duly authorized
a. Contractor shall perform the requirement that the subcontractor for any reason denied, revoked. representatives shall have access to
work required by this contract as be bound to the same provisions suspended.or not renewed. such fiscal records and to all other
an independent contractor. herein as if the subcontractor were d. For Default or Breach. books, documents, electronic files,
Although the City reserves the the Contractor. The provisions of i. Either City or Contractor may papers, plans and writings of
right(i)to determine(and modify) this Contract shall be binding upon terminate this contract in the event Contractor that are pertinent to this
the delivery schedule for the work and shall inure to the benefit of the of a breach of the contract by the contract for the purpose of
to be performed and(ii)to evaluate parties hereto, and their respective other. Prior to such termination performing examinations and
the quality of the completed successors and assigns. Consent of the party seeking termination shall audits, and making excerpts and
performance, the City cannot and City given to a subcontractor does give to the other party written transcripts. Contractor further
will not control the means or not relieve the Contractor of any notice of the breach and intent to acknowledges records generated as
obligations and responsibilities terminate. If the arty committing result of this Contract may be
manner of the Contractor's under this Contract, including g subject to disclosure pursuant to
performance. The Contractor is g the breach has not entirely cured 1 P
responsible for determining the Contractor's responsibility for any the breach within 15 days of the the Oregon Public Records Act.
appropriate means and manner of goods and services to be provided date of the notice, or within such b. Ownership of Work Product:
performing the work. by any subcontractor. other period as the party giving the License. All work products of the
b. The Contractor represents and - notice may authorize or require, Contractor that result from this
warrants that Contractor (i) is not 4• No Third Party then the contract may be contract ("the work products") are
an employee of City of Ashland, Beneficiaries: City and terminated at any time thereafter the exclusive property of the City.
Oregon, (ii) is not currently Contractor are the only parties to by a written notice of termination In addition, if any of the work
employed by the Federal this contract and are the only by the party giving notice. products contain intellectual
Government, and (iii)meets the parties entitled to enforce its terms. ii. Time is of the essence for property of the Contractor that is or
specific independent contractor Nothing in this contract gives, is Contractor's performance of each could be protected by federal
standards of ORS 670.600, as intended to give, or shall be and every obligation and duty copyright, patent, or trademark
certified on the foregoing construed to give or provide, any under this contract. City, by laws, or state trade secret laws,
Certification Statement for benefit or right, whether directly, written notice to Contractor of Contractor hereby grants City a
Corporation or independent indirectly or otherwise, to third default or breach, may at any time perpetual, royalty-free. fully paid-
Contractor. Contractor is not an persons unless such third persons terminate the whole or any pan of up, nonexclusive and irrevocable
"officer', "employee", or "agent are individually identified by name this contract if Contractor fails to license to copy, reproduce, deliver,
of the City,as those terms are used herein and expressly described as provide services called for by this publish, perform, dispose of, use
in ORS 30.265. intended beneficiaries of the terms contract within the time specified and re-use, in whole or in part,and
C. Contractor shall be of this contract. herein or in any extension thereof to authorize others to do so, all
,responsible for all federal or state iii. The rights and remedies of such work products, including but
5. Funds Available and City provided in this subsection d
[axes applicable t an y not limited to any information,
p designs, plans or works provided
compensation or payments y s paid to Authorized: City has sufficient are not exclusive and arc in or delivered to the City or
p
Contractor under this contract and, funds currently available and addition any other rights and produced by the Contractor under
unless Contractor is subject to authorized for expenditure to remedies provided by law or under this contract.
backup withholding, City will not finance the costs of this contract this contract.
withhold from such compensation within the City's fiscal year e. Oblieation/Liability of
or payments any amounts(s) to budget. Parties. Termination or
cover Contractor's federal or state modification of this contract
tax obligations. Contractor is not 6. Termination: pursuant to subsections a, b or c
eligible for any federal Social a. Mutual Consent. This above shall be without prejudice to
Security, unemployment insurance, contract may be terminated at any any obligations or liabilities of
or workers' compensation benefits time by mutual consent of both either party already accrued prior
from compensation or payments parties. to such termination or
paid to Contractor under this b. Parties' Convenience. This modification. However, upon
contract,except as a self-employed contract may be terminated at any receiving a notice of termination
individual. time by either Party upon 30 days' (regardless whether such notice is
notice in writing and delivered by given pursuant to subsections a, b,
2. Subcontracts and certified mail or in person. c or d of this section 6 Contractor
Assignment: Contractor shall not C. For Cause. City may shall immediately cease all
enter into any subcontracts for any terminate or modify this contract, activities under this contract.
of the Work required by this in whole or in part, effective upon unless expressly directed otherwise
Contract or assign or transfer any delivery of written notice to by City in the notice of
of its interest in this Contract Contractor, or at such later date as termination. Further, upon
without City's prior written may be established by City. under termination, Contractor shall
consent. Any proposed use of a any of the following conditions: deliver to City all contract
subcontractor which is located i. If City funding from federal, documents, information, works-in-
outside the United States or use of state, or other sources is not progress and other property that
subcontract labor or facilities obtained and continued at levels are or would be deliverables had
located outside the United States sufficient to allow for the purchase the contract been completed. City
must be called to the specific of the indicated quantity of shall pay Contractor for work
attention of City. City's consent to service's; performed prior to the termination
any subcontract shall not relieve ii. If federal or state regulations date if such work was performed
Contractor of any of its duties or or guidelines are modified, m accordance with the Contract.
obligations under this Contract. changed, or interpreted in such a
way that the services are no longer 7. Records Maintenance;
3. Successors and Assigns: allowable or appropriate for Access; Ownership of Work
Neither party shall subcontract, purchase under this contract or are Product; License:
assign or transfer its interest in this a. Records Maintenance:
8. Comfit iailce with Applicable particular term or provision held to AUTHORIZED
Laws Contractor shall comply I1. Insurance: be invalid. REPRESENTATIVE, HEREBY
with all federal, state and local a. Insurance. Contractor shall at ACKNOWLEDGES THAT
laws and ordinances applicable to its own expense provide the 15. Survival: The terms, HE/SHE HAS READ THIS
the work under this contract, following insurance: conditions, representations and all CONTRACT, UNDERSTANDS
including, without limitation, the i Worker's Compensation warranties contained in this IT, AND AGREES TO BE
provisions of ORS 279B.220, insurance in compliance with ORS Contract shall survive the BOUND BY ITS TERMS AND
279B.230, and 27913.235, and as 656.017, which requires subject termination or expiration of this CONDITIONS.
well as other statutes as set forth in employers to provide Oregon Contract.
the attached Compliance With workers' compensation coverage
Applicable Law, which is by this for all their subject workers. 16. Waiver: The failure of either
reference made a part hereof. it Professional Liability party to enforce any provision of
Without limiting the generality of insurance with a combined single this contract shall not constitute a
the foregoing,Contractor expressly limit, or the equivalent, of not less waiver by either party of that or
agrees to comply with: (i)Title VI than $200.000 for each claim, any other provision.
of the Civil Rights Act of 1964;(it) incident or occurrence. This is to
Section V of the Rehabilitation Act cover damages caused b error,
of 1973; w the Americans with g y Co Execution and
(iii) omission or negligent acts related Counterparts: This contract may
Disabilities Act of 1990 (Pub L to the professional services to be be exercised in several
No. 101-336), ORS 659A.142, and provided under this contract. counterparts, each of which shall
all regulations and administrative iii General Liability insurance be an original, all of which shall
rules established pursuant to those with a combined single limit,or the constitute but one and the same
laws; and (iv) all other applicable equivalent, of not less than N/A for instrument.
requirements of federal, state and or Bodily Injury
(
occurrence local civil rights and rehabilitation and Property each occue f Damage.
statues,rules and regulations. 18. Prior Approval Required:
iv Automobile Liability Approval by the City of Ashland
9. Foreign n Contractor: If the insurance with a combined single City Council or the City Manager
Contractor not domiciled in or limit, or the equivalent, of not less is required before any work may
than $N/A for each accident for begin under this contract.
registered to do business in the
Bodily Injury and Property
State of Oregon, Contractor shall
Damage, including coverage ge tofor 19. Notice: Notices required b
promptly provide to the Oregon owned, hired or non-owned q }
Department of Revenue and the vehicles,as applicable. this contract must be given in
Secretary of State Corporation writing by personal delivery or
Division all information required V. Umbrella/Excess Liability mail, at the addresses given by the
by those agencies relative to this insurance with combined parties on the first page of this
Contract. The Contractor shall single limits/annual aggregate contract, unless some other means
demonstrate its legal capacity to of not less than $N/A for or method of notice is required by
perform these services in the State Bodily Injury and Property law. Each party will notify the
of Oregon prior to entering into Damage. other of any change of address.
this contract. C. Notice of cancellation or
change. There shall be no 20. Confidentiality: Contractor
10. Governing Law, cancellation, material change, acknowledges and agrees it is
Jurisdiction; Venue: This reduction of limits or intent not to responsible for ensuring
contract shall be governed and renew the insurance coverage(s) compliance with all applicable
construed in accordance with the without 30 days' written notice confidentiality laws, including but
laws of the State of Oregon from the Contractor or its not limited to the Health Insurance
without resort to any jurisdiction's insurer(s)to the City. Portability Accountability Act
conflict of laws, rules or doctrines. .(HIPAA) and Family Educational
Any claim, action, suit or 12. Left for insertion. Rights and Privacy Act(FERPA).
proceeding (collectively, "the
claim") between the City (and/or 13. Force Majeure: Neither City 21. Merger Clause: THIS
any other City or department of the nor Contractor shall be held CONTRACT AND ATTACHED
State of Oregon) and the responsible for delay or default EXHIBITS CONSTITUTE THE
Contractor that arises from or caused by fire,riot,acts of God, or ENTIRE AGREEMENT
relates to this contract shall be war where such cause was beyond, BETWEEN THE PARTIES. NO
brought and conducted solely and respectively, City's or Contractor's WAIVER, CONSENT,
exclusively within the Circuit reasonable control. Contractor MODIFICATION OR CHANGE
Court of Jackson County for the shall,however, make all reasonable OF TERMS OF THIS
State of Oregon. If, however, the efforts to remove or eliminate such CONTRACT SHALL BIND
claim must be brought in a federal a cause of delay or default and EITHER PARTY UNLESS IN
forum, then it shall be brought and shall, upon the cessation of the WRITING AND SIGNED BY
conducted solely and exclusively cause, diligently pursue BOTH PARTIES. SUCH
within the United .States District performance of its obligations WAIVER, CONSENT,
Court for the District of Oregon under this contract. MODIFICATION OR CHANGE,
filed in Jackson County, Oregon. IF MADE. SHALL BE
Contractor, by the signature herein 14. Severability: The parties EFFECTIVE ONLY M THE
of its authorized representative, agree that if any term or provision SPECIFIC INSTANCE AND FOR
hereby consents to the in of this contract is declared by a THE SPECIFIC PURPOSE
personam jurisdiction of said GIVEN. THERE ARE NO
coon of competent jurisdiction to
courts. In event shall this be illegal or in conflict with any UNDERSTANDINGS,
section be constst rued as a waiver by law , the validity of the remaining AGREEMENTS, OR
City of any form of defense or terms and provisions shall not be REPRESENTATIONS, ORAL OR
immunity, based on the Eleventh WRITTEN. NOT SPECIFIED
Amendment to the United States affected, and the rights and HEREIN REGARDING THIS
obligations of the panics shall be
Constitution, or otherwise, from construed and enforced as if the CONTRACT. CONTRACTOR,
any claim or from the jurisdiction. contract did not contain the BY SIGNATURE OF ITS
Exhibit��CC COMPLIANCE 656.017 or are exempt under ORS under the contracts shall receive at work.
WIT}3 dPPLICABLE LAW 656.126. least time and a half pay for work 5. Registered under ORS
(Public Nonlmprovement performed on the legal holidays Chapter 701.
Contracts) ORS 279B.235 Condition specified in a collective bargaining 6. Filed federal and state income
concerning hours of labor. (1) agreement or in ORS 279B.020(1) tax returns in the name of its
ORS 279B.220 Conditions of Except as provided in subsections (b)(B) to (G) and for all time business or a business Schedule
public contracts concerning (3) to (6) of this section, every worked in excess of 10 hours in "C" as part of the personal income
payment of laborers and public contract subject to this any one day or in excess of 40 tax return, for the previous year,.
materialmen, contributions to chapter must contain a condition hours in any one week, whichever for labor or services performed as
Industrial Accident Fund, liens that a person may not be employed is greater. [HB 22141 an independent contractor in the
and withholding taxes. Every for more than 10 hours in any one previous year.
public contract shall contain a day, or 40 hours in any one week, ORS Chapter 244, Contractor 7. Represents to the public that
condition that the Contractor shall: except in cases of necessity, shall not provide or offer to the labor or services are to be
vi. Make payments promptly, as emergency or when the public provide any appreciable pecuniary provided by an independently
due, to all persons supplying policy absolutely requires it.and in or material benefit to any officer, established business.
to such contractor labor or such cases, except in cases of employee or agent of the City in 8. The labor or services are
material for the prosecution contracts for personal services connection with this contract in primarily carried out at a location
of the work provided for in designated under ORS 279A.055. violation of ORS Chapter 244 or that is separate from my residence,
such contract the employee shall be paid at least City's personnel rules. or is primarily carried out in a
vii. Pay all contributions or time and a half pay: (a)(A) For all specific portion of my residence,
amounts due the Industrial overtime in excess of eight hours ORS 670.600 provides in part: which is set aside as the location of
Accident Fund from such in any one day or 40 hours in any "As used in various provisions of the business.
contractor or subcontractor one week when the work week is ORS Chapters 316, 448, 656, 657, 9. The business has purchased
incurred in the performance five consecutive days, Monday 671 and 701, an individual or business cards or commercial
of the contract. through Friday; or (B) For all business entity that performs labor advertising.
viii. Not permit any lien or claim overtime in excess of 10 hours in or services for remuneration shall 10. A telephone listing and
to be filed or prosecuted any one day or 40 hours in any one be considered to perform the labor service is used for the business that
against the state, county, week when the work week is four or services as an 'independent is separate from the personal
school district, municipality, consecutive days, Monday through contractor' if the standards of this residence listing and service.
municipal corporation or Friday; and (b) For all work section are met." ORS 670.600 11. Labor or services are
subdivision thereof, on performed on Saturday and on any also provides standards for performed only pursuant to written
account of labor or material legal holiday specified in ORS satisfying the designation of an contracts.
furnished. 279B.020. (2) An employer must independent contractor:
give notice in writing to employees I. Free from direction and Labor services are performed for
ix. Pay to the Department of two or more different persons
who work on a public contract, control over means and manner of
Revenue all sums withheld either at the time of hire or before within period of one year.
from employees pursuant to providing labor or service. 12. Assumes financial
commencement of work on the
ORS 316.167. contract,or by posting a notice in a 2. Responsible for obtaining all responsibility for defective
location frequented by employees, necessary business registrations workmanship or for service not
279B.225 Condition concerning nd professional occupation provided as evidenced by the
g of the number t hours per day and licenses. }
orlvagiyclmgard composting days per week that the employees 3 Furnishes its own tools and ownership of
and performance bonds.
mulching Y may be required to work(3)In the for the work.
material. Every public contract for case of contracts for personal equipment insurance or liability relating to the
lawn and landscape maintenance services as described in ORS 4. Has the authority to hire and labor or services to be provided.
shall contain a condition requiring 279A.055, the contract shall fire employees to perform the
the contractor to salvage, recycle, contain a provision that the
compost or mulch yard waste employee shall be paid at least
material at an approved site, if time and a half for all overtime
feasible and cost-effective. worked in excess of 40 hours in
any one week, except for
ORS 279B.230 Condition individuals under personal services
concerning payment for medical contracts who are excluded under
care and providing workers' ORS 653.010 to 653.261 or under
compensation. (1) Every public 29 U.S.C. 201 to 209 from
contract shall also contain a receiving overtime. (4) In the case -
condition that the contractor shall of a contract for services at a
promptly,as due,make payment to county fair or for other events
any person, co-partnership, authorized by a county fair board,
association or corporation, the contract must contain a
furnishing medical, surgical and provision that employees.must be
hospital care or other needed care paid at least time and a half for
and attention, incident to sickness work in excess of 10 hours in any
or injury, to the employees of such one day or 40 hours in any one
contractor, of all sums which the week. An employer shall give
contractor agrees to pay for such notice in writing to employees who
services and all moneys and sums work on such a contract, either at
which the contractor collected or the time of hire or before
deducted from the wages of commencement of work on the
employees pursuant to any law, contract,or by posting a notice in a
contract or agreement for the location frequented by employees,
purpose of providing or paying for of the number of hours per day and
such service. days per week that employees may
(2) Every public contract also be required to work. (5)(a)Except
shall contain a clause or condition as provided in subsection (4) of
that all employers working under this section, contracts for services
the contract are subject employers must contain a provision that
that will comply with ORS requires that persons employed
Page 1 / 1
JJ��
CITY OF 044y RECORDER
PW. AASSH LAND
20 E MAIN ST. 7/21/2011 10331
,_ HLAND, OR 97520
(541)488-5300
VENDOR: 015851 SHIP TO: City Of Ashland
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
Quanti - .,Unit.;
Description Unit Price `•Ext.Price _
THIS IS A REVISED PURCHASE ORDER
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
Processed change order 10/2812011 45,000.00
Contract amendment increases amount of
attorney services $45,000-Approved by
City Council October 18, 2011
SUBTOTAL 70 000.00
BILL TO:Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 70,000.00
ASHLAND, OR 97520
,Account Number,.';. .,^, . Project Number` Amount Account Number ; 'Prbijelct Number Amount
E 710.01.03.00.60410 70 000.00
/OZ f
Aut zed Signature VENDOR COPY
FORM #10 CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND Request for a Change Order
Name of Supplier I Contractor/Consultant: Douglas McGeary Totalkayrtiount of tBls '
+contract
Purchase OrderNumber:- {10391 �9f'
$ L SJ.r fuCV�fMM� trt /.
1
Title I Description: Attorney Services 5,` a ay
® Per attached contract amendment �1(YLL�EY vt w 1il6
ContractsAmemdnent
brig:
trial contract amount $ 50.000.00 100 %of original contract
Total amount of rep vlous contract amendments 25,000.00 50%of original contract
Amount of this contract amendment $ 45.000.00 90 %of original contract
TOTAL AMOUNT OF CONTRACT $ 120.000.00 240 %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
Procurement.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 terms 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 conhaa 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 9 it had described the changes to be made by
the
amendment in the procurement documents,it would likely have increased compelNon 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<_$6,000. YES I NO ❑ Total amount of cumulative amendments ❑Total amount of original contract and cumulative
❑If'NO",amount exceeding authority requires s 25%of original contract amount or$250,000 amendments-< $100K for Goods&Services or
Council approval.Attach copy of Council whichever is less.YES I NO <-$75K for Personal Services. YES 1 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-Reason: ❑ Exempt-Reason:
INTERMEDIATE PROCUREMENT SOLESOURCE EMERGENCY PROCUREMENT
Goods&Services-$5.000 to$100.000 ❑ Total amount of cumulative amendments ❑ Written Findings:Document the nature of the
Personal Services -$5.000 to$75,000 <-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 1 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 ini0ally approved by Council as a Special Provide date approved by City Council: (Date)
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 acco nt numbers for the financials to reflect The actual expenditures accurately. Attach extra pages if needed.
Employee Signature: Z /t. G`= Department Head Signature:
David H.Lo man, City, omey
Funds appropriated for current fiscal year: YE 1/ NO .(4�A- 9 ° /° L �//
Finance Director Dat
Comments:
Form#10-Contract Amendment Approval Request Form,Request for a Change Order,Page 1 of 1, 10124/2011