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Res 1536 - Agrmt Bullard,Korsho COUNCIL BILL NO. 1962 RESOLUTION NO. 1536 A RESOLUTION ENTERING INTO AN AGREEMENT WITH BULLARD, KORSHOJ, SMITH & JERNSTEDT, A PROFESSIONAL CORPORATION, TO PROVIDE LABOR RELATIONS SERVICES AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the City of Woodburn desires to retain the services ofa labor relations representative, consultant, and negotiator; and WHEREAS, C. Akin Blitz of Bullard, Korshoj, Smith & Jernstedt, is an attorney specializing in labor and employment matters who is qualified by training and experience to provide said services; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with Bullard, Korshoj, Smith & Jernstedt in order to retain the services of C. Akin Blitz as labor relations representative. A copy of said agreement is affixed hereto as Attachment" N' and by this reference is incorporated herein. Section 2. That the Mayor of the City of Woodburn is authorized to sign said agreement on behalf of the City. Approved as to furm~1t'yV?r ~ Ii - Z 4 - '1C] City Attorney Date ApProVed~C Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder +- ATTEST: fY\~ . Mary ant City Recorder City of Woodburn, Oregon May 10, 1999 May 11, 1999 May 11, 1999 May 11, 1999 Page 1 - COUNCIL BILL NO. 1962 RESOLUTION NO. 1536 '.--"_.~-~-,.,._.,'- .. - ATTACHMENT~ Page ---L.. of ~ AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into by and between the City of Woodburn, Oregon, a political subdivision of the State of Oregon (the "City") and Bullard, Korshoj, Smith & Jernstedt, a professional corporation (the "Contractor"). WHEREAS the City desires to obtain certain legal advice and representation; and to retain the services of C. Akin Blitz as lead negotiator and labor relations representative and consultant, and as an attorney to assist in selected labor and employment matters; and WHEREAS the Contractor is qualified by special training and experience to provide such service; NOW, therefore, in consideration of the mutual promises and covenants contained herein, it is agreed as follows: 1. Scope of Work The Contractor agrees to serve as legal advisor to the City Council, City Attorney and administrators on labor relations questions and negotiations; to serve as negotiator; to assist the City in developing bargaining positions, drafting bargaining agreements for the City, and reviewing and approval of contract drafts, proposals and other documents relating to negotiations and labor contract administration; and to advise and represent the City in labor arbitration proceedings and employment as they may arise. 2. Assignment of Work The City Administrator and the City Attorney shall serve as the Contractor's contact, and shall monitor and coordinate legal services and billings provided by the Contractor. City Attorney may assist the Contractor as available. The Contractor and the City agree to confer in a reasonable manner so as to ensure effective and efficient provision of legal services and mlrumlze expense. 3. Personal Service The City has selected the Contractor based on the reputation and specialized expertise of C. Akin Blitz. Except for work performed under the direction of C. Akin Blitz, the Contractor shall not assign work under this Agreement to other counsel unless first approved by the City. Notwithstanding the above, the Contractor shall seek to maximize use oflegal assistants or City staff to minimize costs, consistent with effective representation. 990530034 1 .,_.. '-"--y-----'._-'--' ~,. ATTACHMENT A Page~ of f 4. Standard of Services Services performed by the Contractor shall be performed in comparable manner and with same degree of care, skill, diligence, competency, and knowledge which is ordinarily exhibited and possessed by other professionals in good standing in the same or similar field in the same community as the Contractor. The Contractor shall at all times maintain appropriate professional liability insurance in an amount not less than the liability limit of the Oregon Tort Claims Act. 5. Payment The City shall pay the Contractor for the services at an hourly rate of $160 for the legal fees of C. Akin Blitz, or other attorneys' regular rates if assigned work by Akin Blitz; and $70 an hour for paralegal services. Such rates are subject to periodic adjustment with notice to the City. In addition, there will be a charge for incidental expenses such as travel including mileage, business meals, telephone, fax and copying, hand deliveries and other similar costs incurred in performance of services under this Agreement. The Contractor shall provide a billing statement in a form acceptable to City Council on or before the 20th of each month. The City shall make payment to the Contractor within 30 days of receipt unless otherwise agreed. 6. Term The term of this Agreement shall be from the date of its execution through June 30, 2002, or until terminated in accordance with the termination paragraph of this Agreement. 7. Termination Either party may terminate this Agreement provided that the party seeking termination advises the other party in writing with sufficient and reasonable time to allow transition of files from the Contractor to City Attorney or other City representative. The Contractor shall be entitled to payment for all satisfactory services rendered prior to termination, including service necessitated by termination and transition of assigned cases if termination is at the direction of the City. 8. Independent Contractor The Contractor is acting as an independent contractor and is not an employee of the City and as such accepts full responsibility for taxes or other obligations associated with payment for services under this Agreement. As an independent contractor, neither the Contractor nor any of its members, agents or employees shall receive any benefits normally accruing to City employees unless otherwise required by law. 990530034 2 . -'-----y--" ~,. ATTA~~MENT~ Page Of~ 9. Non-Discrimination No person shall be denied or subjected to discrimination in the receipt of benefits of any services or activity made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age or national origin. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation or suspension by the City. 10. Statutory RequirementsIWorkers' Compensation ORS 279.310 to 279.430, relating to public contractor, are incorporated herein by reference to the extent that said statutes are applicable to professional services agreements of this nature. The Contractor shall comply with ORS 656.017 for all employees who work in the State of Oregon for more than ten (10) days. 11. Survival The terms, conditions, representations and all warranties contained 10 this Agreement shall survive the termination or expiration of this Agreement. 12. Funding In the event the Woodburn City Council reduces, changes, eliminates, or otherwise modifies the funding for any of the services identified, the Contractor agrees to abide by such decision including termination of service. 13. Standard of Services and Warranty The Contractor agrees to perform its services with that standard of care, skill and diligence normally provided by a professional individual in the performance of similar services. It is understood that the Contractor must perform the services based in part on information furnished by the City and that the Contractor shall be entitled to rely on such information. However, the Contractor is given notice that the City will be relying on the accuracy, competence and completeness of the Contractor's services in utilizing the results of such services. The Contractor warrants that the recommendations, guidance and performance of any person assigned under this Agreement shall be in accordance with professional standards and the requirements of this Agreement. 14. City Priorities The Contractor shall comply promptly with any requests by the City relating to the emphasis or relative emphasis to be placed on various aspects of the work or to such other matters pertaining to said work. 990530034 3 ~.,. ATTAC'1fENT ~ Page of::::;r:::::::. 15. Ownership and Use of Documents All documents, or other material submitted to the City by the Contractor shall become the sole and exclusive property of the City. All material prepared by the Contractor under this Agreement may be subject to Oregon's Public Records Laws. 16. Tax Compliance Certification The Contractor hereby certifies, under penalty of peIjury, as provided III ORS 305.385(6), that to the best of the Contractor's knowledge, the Contractor is not III violation of any of the tax laws described in ORS 305.380(4). Richard Jennings Mayor Date F~~ Signature Q~~ Title 4/Y1 ftCj Date FOR CITY OF WOODBURN: Attest: Mary Tennant, City Recorder City of Woodburn, Oregon BULLARD, KORSHOJ, SMITH & JERNSTEDT Tax Identification Number: 93-0693273 APPROVED AS TO FORM N. Robert Shields, City Attorney 990530034 990530034 4 , ~,