Jordan Ramis PC ~ C170053 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUST ACCOMPANY EVERY CONTRACT) /��
( ontiact"Title: Cain.Attoine Number: 00 5
Contiactor: Ioidan Ramis Contract Total:
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Contract Manager: __N1arty Wine L:Kt: 2486 Department: Crty NIgnit
TM)-pe ❑ Purchase.-agreement x Personal Sernice ❑ Genial Serx-ice ❑ Public Improvement
❑ IGA ❑ Other: Start Date: 2/1/17 End Date: 1/31 22
CZuoteS/Bid`;/P oposai: FIRM AMoum/Scorn
Beed-Elsner 740
Schroeder Law Offices 525
Torriasi Salver Martin 507
Account String: Fund-Division-Account Work Order—Ac7ty Tyne Amount
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Approvals - LCRB Date: 1/10/17
Depattmcnt Comments!
Depaitinent Signature:
Purchasing Comments:
Putchasing=S�i aturc:
Cit` blaiZager Comments:
City Tlanagei Signatutc��
.After securing all required .approvals,forward original cope to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract#C I*—)W
CITY OF TIGARD,OREGON
ATTORNEY SERVICES CONTRACT
THIS AGREEMENT made and entered into this 1"day of February,2017 by and between the City of Tigard,a
municipal corporation of the State of Oregon, hereinafter called City, and Jordan Ramis PC, hereinafter called
Legal Counsel.
RECITALS
WHREAS,the City's 2016-2017 Fiscal Year budget provides for attorney services;and
WHEREAS City has need for the services of an attorney or attorney firm with a particular training, ability,
knowledge,and experience possessed by Legal Counsel,and
WHEREAS City has determined that Legal Counsel is qualified and capable of performing the professional
services as City does hereinafter require,under those terms and conditions set forth,
THEREFORE the Parties agree as follows:
1. LEGAL SERVICES TO BE PROVIDED
Legal Counsel shall initiate services immediately upon receipt of City's notice to proceed together with
an executed copy of this Agreement.Legal Counsel agrees to complete work that is detailed in Exhibit A
and by this reference made a part hereof. Any and all work assigned by the City will be contained in
subsequent scope of work as needed
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise
terminated or extended, on December 31, 2017. This Agreement may be extended at the written
agreement of both parties,with sixty(60) days notice,for up to four(4)additional one(1)year terms.All
work under this Agreement shall be completed prior to the expiration of this Agreement In accordance
with the City's best practice,the total duration of this agreement may not exceed five(5)years.
3. COMPENSATION
A. The City agrees to pay Legal Counsel in accordance with this section for performance of services
described herein. Payment shall be based upon a detailed monthly billing showing work performed
and identifying specific legal matters worked on.
B. Hourly Rates—Year 1(and 2 if option is enacted)
Attorneys
Shelby Rihala $230
Tim Ramis $230
Dan Olsen $230
Peter Mohr $250
Jacob zahniser $250
David Rabbino $275
Paralegals
Angela Johnson $190
Chris Dolan $190
Weekly Leadership Team Meetings $100/meeting
The Parties may,by mutual agreement,adjust these rates each year upon written mutual acceptance
of an extension year.Any proposed new price must be in writing sixty(60)days prior to a new contract
year.
C. The direct cost for such items as long distance charges,messenger services,printing,mileage (at the
contract year's IRS approved rate),copy charges,faxes,and the like will be billed to the City with no
markup or overhead charge added. There will be no charge for costs incurred by Legal Counsel for
legal research services or subscriptions. Mileage for trips between Legal Counsel's office(s) and the
City offices shall not be charged to the City. Additionally, Legal Counsel will charge travel time to
and from the City's offices at half rate with no cost for mileage. Travel time to other locations,such
as to attend a court hearing,will be billed at full rate plus mileage at the federal reimbursement rate.
Attendance at daily check-in calls with the City's leadership team will be at no charge.
D. Payment will be made in installments based on Legal Counsel's invoice,subject to the approval of
the City Manager,or designee,and not more frequently than monthly.Payment shall be made only
for work actually completed as of the date of invoice.
E. Payment by City shall release City from any further obligation for payment to Legal Counsel, for
services.performed or expenses incurred as of the date of the invoice. Payment shall not be
considered acceptance or approval of any work or waiver of any defects therein.
F. Legal Counsel shall make payments promptly,as due, to all persons supplying labor or materials for
the performance of this work.
G. Legal Counsel shall not permit any lien or claim to be filed or prosecuted against the City on account
of any labor or material furnished.
H. Legal Counsel shall pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
I. If Legal Counsel fails,neglects or refuses to make prompt payment of any claim for labor or services
furnished to Legal Counsel or a subcontractor by any person as such claim becomes due, City's
Finance Director may pay such claim and charge the amount of the payment against funds due or to
become due the Legal Counsel. The payment of the claim in this manner shall not relieve Legal
Counsel or their surety from obligation with respect to any unpaid claims.
J. Legal Counsel shall pay employees at least time and a half pay for all overtime worked in excess of 40
hours in any one week except for individuals under the contract who are excluded under ORS 653.010
to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
K. Legal Counsel shall promptly, as due, make payment to any person, co-partnership, association or
corporation,famishing medical,surgical and hospital care or other needed care and attention incident
to sickness or injury to the employees of Legal Counsel or all sums which Legal Counsel agrees to
pay for such services and all moneys and sums which Legal Counsel collected or deducted from the
wages of employees pursuant to any law, contract or agreement for the purpose of providing or
paying for such service.
L. The City certifies that sufficient funds are available and authorized for expenditure to finance costs
of this contract.
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4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Legal
Counsel which result from this Agreement, including any computations, plans,memoranda, pleadings,
research,correspondence or pertinent data,and information gathered by or computed by Legal Counsel
prior to termination of this Agreement by Legal Counsel or upon completion of the work pursuant to
this Agreement.
5. ASSIGNMENT/DELEGATION
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment shall be of any force or effect whatsoever unless and until
the other party has so consented. If City,agrees to assignment of tasks to a subcontract,Legal Counsel
shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by
them, and neither the approval by City of any subcontractors nor anything contained herein shall be
deemed to create any contractual relation between the subcontractors and City.
6. STATUS OF LEGAL COUNSEL AS INDEPENDENT LEGAL COUNSEL
Legal Counsel certifies that:
A. Legal Counsel acknowledges that for all purposes related to this Agreement, Legal Counsel is and
shall be deemed to be an independent Legal Counsel as defined by ORS 670.700 and not an employee
of City,shall not be entitled to benefits of any kind to which an employee of City is entitled and shall
be solely responsible for all payments and taxes required by law.Furthermore,in the event that Legal
Counsel is found by a court of law or any administrative agency to be an employee of City for any
purpose,City shall be entitled to offset compensation due,or to demand repayment of any amounts
paid to Legal Counsel under the terms of this Agreement,to the full extent of any benefits or other
remuneration Legal Counsel receives (from City or third parry) as a result of said finding and to the
full extent of any payments that City is required to make (to Legal Counsel or to a third party) as a
result of said finding.
B. The undersigned Legal Counsel hereby represents that no employee of the City, or any partnership
or corporation in which a City employee has an interest,has or will receive any remuneration of any
description from Legal Counsel, either directly or indirectly, in connection with the letting or
performance of this Agreement,except as specifically declared in writing.
If this payment is to be charged against Federal funds,Legal Counsel certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed his or
her normal charge for the type of service provided.
Legal Counsel and its employees,if any,are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year by
any public employer participating in the Retirement System.
C. Legal Counsel certifies that it currently has a City business license or will obtain one prior to delivering
services under this Agreement.
D. Legal Counsel is not an officer,employee,or agent of the City as those terms are used in ORS 30.265.
7. INDEMNIFICATION
City has relied upon the professional ability and training of Legal Counsel, consistent with the
representations of Legal Counsel in Exhibit B,as a material inducement to enter into this Agreement.
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J
Legal Counsel warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal, state and local
laws,it being understood that acceptance of Legal Counsel's work by City shall not operate as a waiver
or release.
Legal Counsel agrees to indemnify and defend the City, its officers, agents and employees and hold
them harmless from any and all liability, causes of action,claims,losses, damages,judgments or other
costs or expenses including attorney's fees and witness costs and (at both trial and appeal level,
whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which
in any way arise from, during or in connection with the performance of the work described in this
contract, except liability arising out of the sole negligence of the City and its employees. Such
indemnification shall also cover claims brought against the City under state or federal worker's
compensation laws.If any aspect of this indemnity shall be found to be illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this
indemnification.
8. INSURANCE
Legal Counsel and any subcontractors shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover allrisks arising directly or indirectly out
of Legal Counsel's activities or work hereunder,including the operations of its subcontractors of any tier.
The policy or policies of insurance maintained by the Legal Counsel and its subcontractors shall provide
at least the following limits and coverages.
A. Commercial General Liability Insurance
Legal Counsel shall obtain,at Legal Counsel's expense,and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The following
insurance will be carried:
Coverage Limit
General Aggregate 3,000,000
Products-Completed Operations Aggregate 2,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (Any one fire) 50,000
B. Legal Errors & Omissions/Lawyers Professional Liability Insurance
Legal Counsel shall obtain,at Legal Counsel's expense,and keep in effect during the term of this
contract, Legal Errors & Omissions/Lawyer's Professional Liability Insurance covering any
damages caused by an error, omission or any negligent acts. This coverage shall include Annual
Aggregate&Per Occurrence limits of$3,000,000 per attorney.
C. Commercial Automobile Insurance
Legal Counsel shall also obtain,at Legal Counsel's expense,and keep in effect during the term of
the contract, Commercial Automobile Liability coverage including coverage for all owned,hired,
and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than
$2,000,000.
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D. Workers' Compensation Insurance
The Legal Counsel,its subcontractors,if any, and all employers providing work,labor, or materials
under this Contract that are subject employers under the Oregon Workers'Compensation Law shall
comply with ORS 656.017, which requires them to provide workers' compensation coverage that
satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon
workers' compensation coverage for their workers who work at a single location within Oregon for
more than 30 days in a calendar year. Legal Counsels who perform workwithout the assistance or
labor of any employee need not obtain workers'compensation coverage.All non-exempt employers
shall provide Employer's Liability Insurance with coverage limits of not less than $1,000,000 each
accident
E. Additional Insured Provision
The Commercial General Liability Insurance and Commercial Automobile Insurance policies and
other policies the City deems necessary shall include the City,its officers,directors,and employees
as additional insureds with respect to this contract.
F. Extended Reporting Coverage
If any liability insurance required by this contract is arranged on a"claims made"basis,Extended
Reporting coverage will be required at the completion of this contract to a duration of 24 months
or the maximum time period the Legal Counsel's insurer will provide if less than 24 months.Legal
Counsel will be responsible for furnishing certification of Extended Reporting coverage for 24
months following contract completion. Continuous "claims made"coverage will be acceptable in
lieu of Extended Reporting coverage, provided its retroactive date is on or before the effective
date of this contract.
G. Notice of Cancellation
There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to
renew insurance coverage without 30 days written notice to the City. Any failure to comply with
this provision will not affect the insurance coverage provided to the City. The 30 days' notice of
cancellation provision shall be physically endorsed on to the policy.
H. Insurance Carrier Rating
Coverages provided by the Legal Counsel must be underwritten by an insurance company deemed
acceptable by the City.The City reserves the right to reject all or any insurance carrier(s) with an
unacceptable financial rating.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract,the Legal Counsel shall furnish a
Certificate of Insurance to the City. No contract shall be effected until the required certificates
have been received and approved by the City. The certificate will specify and document all
provisions within this contract. A renewal certificate will be sent to the above address 10 days
prior to coverage expiration.
J. Independent Legal Counsel Status
The service or services to be rendered under this contract are those of an independent Legal
Counsel.Legal Counsel is not an officer, employee or agent of the City as those terms are used in
ORS 30.265.
K. Primary Coverage Clarification
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The parties agree that Legal Counsel's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not contributory
insurance with the insurance required in this section.
L. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
Legal Counsel's insurance policy shall contain provisions that such policies shall not be canceled or their
limits of liability reduced without thirty (30) days prior notice to City. A copy of each insurance policy,
certified as a true copy by an authorized representative of the issuing insurance company, or at the
discretion of City,in lieu thereof,a certificate in form satisfactory to City certifying to the issuance of such
insurance shall be forwarded to:
City of Tigard
Attn: Contracts and Purchasing
13125 SW Hall Blvd.
Tigard,Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. The procuring of
such required insurance shall not be construed to limit Legal Counsel's liability hereunder.
Notwithstanding said insurance, Legal Counsel shall be obligated for the total amount of any damage,
injury,or loss caused by negligence or neglect connected with this contract
9. METHOD &PLACE OF SUBMITTING NOTICE BILLS AND PAYMENTS
All notices,bills and payments shall be made in writing and may be given by personal delivery,mail or by
fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses
shall be used to transmit notices,bills,payments,and other information:
Crry or TiUaxD TORD_AN RA'tis PC
Attn:Marty Wine, City Manager Attn: Shelby Rihala
Address: 13125 SW Hall Boulevard Address: 2 Centerpomt Drive, 6'Floor
Tigard, Oregon 97223 Lake Oswego, Oregon 97035
Phone: (503) 718-2486 Phone: (503) 598-7070
Email Address: martv—riFard-or.�ov Email Address: shelbti.tihalaL jordaiiramis.com
and when so addressed,shall be deemed given upon deposit in the United States mail,postage prepaid,
or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and
payments shall be deemed given at the time of actual delivery Changes may be made in the names and
addresses of the person to who notices, bills and payments are to be given by giving written notice
pursuant to this paragraph.
10. MERGER
This vdting is intended both as a final expression of the Agreement between the parties with respect to
the included terms and as a complete and exclusive statement of the terms of the Agreement. No
modification of this Agreement shall be effective unless and until it is made in writing and signed by both
parties.
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11. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this agreement shall be provided to the City by a
Legal Counsel that does not represent clients on matters contrary to City interests.Further,Legal Counsel
shall not engage services of an attorney and/or other professional who individually,or through members
of his/her same firm,represents clients on matters contrary to City interests.
Should the Legal Counsel represent clients on matters contrary to City interests or engage the services on
an attorney and/or other professional who individually, or through members of his/her same firm,
represents clients on matters contrary to City interests,Legal Counsel shall consult with the appropriate
City representative regarding the conflict.
After such consultation, the Legal Counsel shall have seven (7) days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period,the agreement
may be terminated pursuant to Section 13 (B) (3) of this agreement.
12. TERMINATION WITHOUT CAUSE
At any time and without cause,City shall have the right in its sole discretion,to terminate this Agreement
by giving notice to Legal Counsel. If City terminates the contract pursuant to this paragraph,it shall pay
Legal Counsel for services rendered to the date of termination.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Legal Counsel, or at
such later date as may be established by City,under any of the following conditions:
1) If City funding from federal,state,local,or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services.This Agreement may be
modified to accommodate a reduction in funds
2) 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 Agreement.
3) If any license or certificate required by law or regulation to be held by Legal Counsel, its
subcontractors, agents,and employees to provide the services required by this Agreement is for
any reason denied,revoked,or not renewed.
4) If Legal Counsel becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by
or against Legal Counsel,if a receiver or trustee is appointed for Legal Counsel,or if there is an
assignment for the benefit of creditors of Legal Counsel.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City,by written notice of default(including breach of contract) to Legal Counsel,may terminate the
whole or any part of this Agreement:
1) If Legal Counsel fails to provide services called for by this agreement within the time specified
herein or any extension thereof,or
2) If Legal Counsel fails to perform any of the other provisions of this Agreement, or so fails to
pursue the work as to endanger performance of this agreement in accordance with its terms,
and after receipt of written notice from City, fails to correct such failures within ten (10) days
or such other period as City may authorize.
3) If Legal Counsel fails to eliminate a conflict as described in Section 11 of this agreement.
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The rights and remedies of City provided in the above clause related to defaults (including breach of
contract)by Legal Counsel shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this Agreement.
If City terminates this Agreement under paragraph B,Legal Counsel shall be entitled to receive as full
payment for all services satisfactorily rendered and expenses incurred, an amount which bears the
same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Legal
Counsel bear to the total services otherwise required to be performed for such total fee;provided,
that there shall be deducted from such amount the amount of damages,if any,sustained by City due
to breach of contract by Legal Counsel. Damages for breach of contract shall be those allowed by
Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
14. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Legal Counsel as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts.
15. BAR MEMBERSHIP/OCAA MEMBERSHIP REQUIREMENTS
Legal Counsel is responsible for maintaining Legal Counsel's professional standing as a member of
the Oregon State Bar Association and the Oregon City Attorney's Association.
16. FORCE M=URE
Neither City nor Legal Counsel shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil
unrest,volcano,earthquake,fire,flood,epidemic,quarantine restriction,area-wide strike,freight embargo,
unusually severe weather or delay of subconsultant or supplies due to such cause;provided that the parties
so disenabled shall within ten(10)days from the beginning of such delay,notify the other parry in writing
of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate
such a cause of delay or default and shall,upon cessation of the cause,diligently pursue performance of
its obligation under the Agreement.
17. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Legal Counsel of any of the terms of
this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment
to any extent of its rights to assert or rely upon such terms or rights on any future occasion.
18. NON-DISCRIMINATION
Legal Counsel agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Legal Counsel also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant
to those laws.
19. ERRORS
Legal Counsel shall perform such additional work as may be necessary to correct unsatisfactory work or
errors in the work required under this Agreement without undue delays and without additional cost.
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20. EXTRA(CHANGES)WORK
Only the City's Project Manager for this Agreement, Brian Rager, Asst. Public Works Director, may
authorize extra (and/or change) work Failure of Legal Counsel to secure authorization for extra work
shall constitute a waiver of all right to adjustment in the contract price or contract time due to such
unauthorized extra work and Legal Counsel thereafter shall be entitled to no compensation whatsoever
for the performance of such work.
21. WARRANTIES
All work shall be guaranteed by Legal Counsel for a period of one year after the date of final acceptance
of the work by the owner. Legal Counsel warrants that all practices and procedures,workmanship and
materials shall be the best available unless otherwise specified in the profession. Neither acceptance of
the work nor payment therefore shall relieve Legal Counsel from liability under warranties contained in
or implied by this Agreement.
22. ATTORNEY FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including attorney's fees and court costs on appeal.
23. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the
State of Oregon.Any action or suits involving any question arising under this Agreement must be brought
in the appropriate court of the State of Oregon.
24. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Legal Counsel shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments,payments to employees and contractors and
income tax withholding contained in ORS Chapter 279B,the provisions of which are hereby made a
part of this agreement.
25. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict between
the terms of this instrument in the proposal of the contract, this instrument shall control and nothing
herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
26. AUDIT
Legal Counsel shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within the contract period.
Legal Counsel agrees to permit City,the State of Oregon,the federal government,or their duly authorized
representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of
funds.
27. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected
to the extent that it did not materially affect the intent of the parties when they entered into the agreement.
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28. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, Legal Counsel must make payment promptly as due to persons supplying labor or
materials for the execution of the work provided by this order.Legal Counsel must pay all contributions or
amounts due from Legal Counsel to the Industrial Accident Fund incurred in the performance of this order.
Legal Counsel shall not permit any lien or claim to be filed or prosecuted against City or any subdivision of
City on account of any labor or material to be furnished. Legal Counsel further agrees to pay to the
Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
29. HOURS OF LABOR
If labor is performed under this order,then no person shall be employed for more than eight(8) hours in
any one day,or forty (40) hours in any one week,except in cases of necessity, or emergency or where the
public policy absolutely requires it,and in such cases,except cases of contracts for personal services as defined
in ORS 279A.055,the labor shall be paid at least time and a half for all overtime in excess of eight(8)hours
a day and for all work performed on Saturday and on any legal holidays as specified in ORS 279C.540.In
cases of contracts for personal services as defined in ORS 279A.055,any labor shall be paid at least time and
a half for all hours worked in excess of forty(40)hours in any one week,except for those individuals excluded
under ORS 653.010 to 653.260 or under 29 USC SS 201-209.
30. MEDICAL CARE AND WORKERS'COMPENSATION
Legal Counsel shall promptly, as due, make payment to any person, co-partnership, association or
corporation, fi=shmg medical, surgical and hospital care or other needed care and attention incident to
sickness or injury,to the employees of such Legal Counsel,of all sums which the Legal Counsel agrees to
pay for such services and all moneys and sums which the Legal Counsel collected or deducted from the
wages of the employees pursuant to any law,Legal Counsel agreement for the purpose of providing or paying
for such service.
31. COMPLETE AGREEMENT
This Agreement and attached exhibits constitutes the entire Agreement between the parties.No waiver,
consent,modification,or change of terms of this Agreement 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
specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Legal Counsel, by the
signature of its authorized representative, hereby acknowledges that he has read this Agreement,
understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned
officer and Legal Counsel has executed this Agreement on the date hereinabove first written. Authorized by
Tigard's Local Contract Review Board at their January 10,2017 business meeting.
CITY OF TIGARD JORDAN I
I � u
By:Marty Wine,City Manager • uthoriz Age n Legal Counsel
/ � •�%(7 ZY �/
Date Dat
2017 City attorney Services 10 1 P a e
EXHIBIT A
SCOPE OF SERVICES
INTRODUCTION
Legal Counsel shall be responsible for City legal representation as authorized by City Council. Authorization
to perform specific tasks will come from the Mayor, City Council, City Manager, or other persons directly
authorized by the Mayor, City Council, or the City Manager. Legal Counsel shall appoint an attorney to act
as lead attorney. For this contract,the lead attorney shall be Shelby Rihala. The lead attorney will be required
to attend all City Council Business meetings. In the event that the lead attorney is not available for a meeting,
Legal Counsel shall further designate a backup lead attorney to attend the meetings and the City shall reserve
the right to approve said backup. Legal Counsel shall advise the City Manager with appropriate notice if
neither the lead attorney nor the backup lead attorney is available for a City Council meeting.
SCOPE OF WORK
A. Unless otherwise specified by the Mayor or City Council the Legal Counsel shall be responsible for:
1. Legal aspects of general administration of City business, including preparing and providing legal
opinions, assist with establishment of correct procedures, drafting and reviewing ordinances,
resolutions, contracts, orders, agreements, and other legal documents, and related tasks needed to
support City personnel,Mayor,Council,and City Manager.
2. Providing sound legal direction on all forms of City business, including but not limited to, the
following:
a. Public Financing(excluding bond counsel)
b. Land Use Law
c. Local Budget Law
d. Codification of Ordinances
e. Election Laws
f. Open Meeting Laws
g. Public Record Laws
h. Public Contracting
i. Annexation Law
j. Public/Private Partnerships
k. Oregon Revised Statutes
1. Public Meeting Law
m. General Business Law
3. Training of contractor's non-legal personnel in the performance of legally related tasks in order to
reduce legal expenses
4. Regular attendance at City Council meetings and attendance at other municipal meetings on request.
5. Represent the City during litigation.
6. Review City Council packets and provide advice prior to meetings. Review Planning Commission
packets when requested and provide timely advice prior to meetings.
7. Notify City of changes in state and federal laws that require changes in city codes, ordinances,
regulations or policies to remain in compliance with applicable laws.
B. Legal activities such as complex litigation and special project assignments which fall outside of the above
categories, and which would include costs exceeding the projections of the city's budget for city attorney
services,must be authorized by the City Council. Legal Counsel and the City Manager will regularly review
2017 City Attorney Services 111 n- „c
the level of expenditures on city attorney services and will prioritize projects in order to stay within
budgeted amounts.
C. Legal Counsel shall coordinate with the City Manager and department heads, but within the chain of
command shall report directly to the City Council. In this regard,in the event a conflict develops between
the Council and City Manager,Legal Counsel will represent the Council but will notify the City Manager
at first knowledge of a conflict.
D. The City reserves the right in appropriate situations to retain separate outside counsel. It is recognized
that the City presently utilizes other law firms to provide representation in personnel issues,labor relations,
bond Counsel,and water related matters (i.e.,water rights,water supply).
Annual Evaluation
The City Council reserves the right to conduct an annual performance evaluation to determine the quality of
the City Attorney's performance. The City Council review will evaluate:
• Communication
• Responsiveness
• Approach to Risk
• Innovative Solutions
2017 City Attomey Services 12 1 P '-.g c
EXIBIT B
LEGAL COUNSEL'S PROPOSAL
2017 City Attorney Services 13 1 P a g,c
October 18, 2016
JORDAN
RAM
for Pr000sals
ATTORNEYS Ar LAW
Christopher Reive, (."' y kttornew .kervices
Managing Shareholder
Jordan Ramis PC CityUt Tigard
2 Centerpointe Dr, 6th Floor
Lake Oswego, OR 97035
(503) 598-7070 phone
(503) 598-7373 fax
chris.reive@jordanramis.com
' SVM 06r1t-:r-)'nt6 Dr.,5th HC-- 1459 SE T_sh Cf..tv.. Ft., 0 SV!' .^nd St.,Sui'a ;10
L* O'l J7C 3 WrICOL'W',t:,A Sq'-33 5-on,-1,UR X )2
5O.C-59.'x-7070 °5`r 37 3 J 54'Et.0-7200
www.jordanramis.com
October 18, 2016
Joseph Barrett, Sr. Management Analyst
City of Tigard—Utility Billing Counter
13125 SW Hall Blvd
Tigard OR 97223
Re:
City of Tigard Request for Proposal for City Attorney Services
Dear Mr. Barrett:
Thank you for the opportunity to submit our qualifications to provide legal services to the City of Tigard. We are
keenly interested in continuing our engagement with the city in the future.
Our understanding of the scope of work under this contract comes from our 30+years of direct involvement and
experience working with municipalities, urban renewal districts, special districts, and other public entities to fulfill the
legal needs of local government. In particular,we have unique and valuable experience serving the City of Tigard
for the past three decades.
Jordan Ramis is prepared and eager to continue representing the City of Tigard, and is committed to performing all
the services stated in the RFP. Whether through proactive prevention of troublesome issues or helping to quickly
resolve issues at hand, we have the history, substantive knowledge, and experience to support you.
I am authorized to represent Jordan Ramis in all matters related to the performance of work, payment,and in all
situations involving actual, recommended, or proposed changes, commitments, and instructions.
Thank you for your consideration,
Sincerely,
JORDAN RAMIS PC
Christopher Reive, Managing Shareholder
chris.reive@jordanramis.com
(503) 598-7070
2 Centerpointe Dr, 61h Floor, Lake Oswego OR 97035
JORDAN RAM I S Pc 2 P a g e
ATTORNEYS AT LAW
Table of Contents
A. Firm Qualifications: Firm Background (RFP Section 5.A.4(a)).................................................................... 4
B. Firm Qualifications: Firm Experience (RFP Section 5.A.4(b) &Section 4)...................................................4
C. Assigned Firm Member Qualifications(RFP Section 5.A.5)................................................................. .......5
D. Service Understanding and Firm Availability RFP Section 5.A.6) ................................................................6
E. Fee Structure(RFP Section 5.A.7) .............................................................................................................10
F. References (RFP Section 5.A.8).................................................................................................................10
G. Additional information (RFP Section 5.B)...................................................................................................11
1. Proposal Certifications..........................................................................................................................12
2. Signature Page.....................................................................................................................................13
3. Acknowledgement Addendum..............................................................................................................14
4. Statement of Proposal..........................................................................................................................15
5. Resumes...............................................................................................................................................16
0 RDAN RAMI S Pc 3 P a g e
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A. Firm Qualifications: Firm Background (RFP Section
5.A.4(a)))
Established in 1963, Jordan Ramis PC has one of the largest municipal and local government practices in Oregon and
has worked with 110 unique public sector clients. We have been providing legal services like those the City is seeking to
municipal and local government clients for more than 30 years and we have worked hard to earn our long-standing and
strong reputation for effective representation. Our tailored approach to service has been especially effective with our
government and jurisdictional clients.
We have included a description of our qualifications in this document. More telling,we believe, is for you to talk to our
clients directly. We have included three references within this Proposal. These individuals can share their perspectives
on our qualifications and their first-hand experiences working with the firm.
Jordan Ramis employs a team of 82, including 33 attorneys, 13 paralegals, and 36 full-and part-time staff. Jordan Ramis
has four core practice areas, including municipal and local government law, Dirt Law®, business law, and litigation and
dispute resolution. We practice from offices located in Lake Oswego and Bend, Oregon, and Vancouver,Washington.
In addition to our legal expertise, Jordan Ramis stands strong and stable as a business. Unlike most law firms, Jordan
Ramis has never had to borrow money to pay salaries. The firm has always been profitable. In the 1980s, Jordan Ramis
was at the forefront of using professional management to run itself by hiring one of Oregon's first true legal administrators.
The firm has continued this strong tradition of managing itself like a business, applying strong business practices as well
as the principles of prudent financial management such as tightly controlling purchasing;carefully planning, executing,
and monitoring firm operational budgets; being conservative with regard to capital purchases, borrowing, and expenses;
paying close attention to financial metrics; and taking swift and decisive action as needed to ensure the sound financial
standing of the firm.
B. Firm Qualifications: Firm Experience (RFP Section 5,A.4(b)
& Section 4)
Our understanding of the services to be performed by the successful candidate is based on three decades of service to
Tigard as well as our firm's state-wide experience representing municipal governments. We understand the role of the
City Attorney and we have organized the firm to be a full-service provider of high quality legal services to local
governments. Our lawyers provide expertise in the specific legal specialties required by cities, counties, and special
districts. Their experience is called upon by over one hundred Oregon special districts, counties, and cities which are
served by Jordan Ramis PC.
Relevant to demonstrating our understanding of the role of the services to be performed is this partial listing of
jurisdictions which we serve as general counsel:
City of Dundee
• City of Estacada
• City of Gearhart
City of Milwaukee
• City of Scappoose
City of St. Helens
City of Troutdale
City of West Linn
Our plan is to provide quality services, offering a coordinated approach for final deliverables, consistent legal advice, and
seamless integration with all interested parties. We have included six attorneys and two paralegals in our Proposal to
assist the City,which is more than sufficient to provide timely and consistent legal support. These attorneys focus their
practices in areas that will benefit the City and have the capability, capacity, and flexibility to assist as needed, providing
specific expertise and timely legal support. With Shelby acting as lead attorney, she is well equipped with the firm's depth
]URDAN RAMI S Pc 4 1 P a g e
ATTORNEYS AT LAW
and breadth of experience and resources should the City's needs require additional resources or expertise not listed
within our Proposal.
C. Assigned Firm Member Qualifications (RFP Section 5.A.5)
1. R Iles:
Attorneys: We have assembled a team of attorneys to address matters within the Scope of Work provided. These
attorneys are responsible for all legal work performed on behalf of clients. They perform legal research, analysis, and
writing; develop legal strategies and theories to advance client objectives; prepare legal documents such as pleadings,
motions, briefs, leases, agreements, and contracts; negotiate on behalf of clients; provide strategic communication with
clients, adverse parties, and other interested parties; manage the firm's budget, appear on behalf of clients in court, in
mediation, and in arbitration; and supervise paralegals. Shelby Rihala will serve as lead attorney for purposes of council
meetings, organization, and delegation of work flow. In the event that Shelby is unavailable,Tim Ramis and Dan Olsen
will serve as immediate back up. Shelby also has the full resources of the firm to back her up,with the ability to call on
any one of the other team members at Jordan Ramis for situations requiring specialized knowledge.
Paralegals: Our paralegals ensure that tasks are completed in a timely and cost-effective manner; analyze issues and
documents to provide recommendations to attorneys; gather facts and information; are a readily-accessible point of
contact for clients; ensure the integrity of files; manage the schedule and calendar; and prepare documents for attorney
review. Paralegals Angela Johnson, J.D., and Chris Dolan, J.D.,will support our attorneys to complete work under this
contract.
:!. QLn, 1. j"ca.%9G'ns and Brief i :sllMSS:
Shelby Rihala,Attorney, Municipal and Local Government
Chair of the Jordan Ramis PC municipal and local government law practice group, Shelby Rihala focuses her practice
on government law, including public contracting, government ethics, and public records. Additionally, she has
extensive experience drafting ordinances, IGAs, contracts, and other legal documents. Shelby actively advises city
councils and lead department staff on various legal issues ranging from SDCs to land use. Shelby also currently
serves as a Judge Advocate for the Oregon Air National Guard. Prior to her time at Jordan Ramis, Shelby served as
City Attorney for several Oregon municipalities.
�- Tim Ramis,Attorney,Municipal and Local Government, Land Use Law
For more than 30 years,Tim Ramis has focused his practice on local government and land use. Tim's extensive
experience includes public records and public meeting law, contracting issues, land use and transportation planning,
wetland permitting, Land Use Board of Appeals(LUBA) petitions, Court of Appeals and Supreme Court cases, and
legislative drafting. Tim is listed in Chambers and Partners USA as a top-ranked individual (2006-2016), is ranked as
a Super Lawyer(2006-2016), and is a Martindale Hubbell®AV Preeminent®Attorney.
V Dan Olsen,Attorney, Municipal and Local Government Law
Dan Olsen is a Contract Attorney at Jordan Ramis and focuses his practice on state and local government law. Part
of Jordan Ramis PC's Local Government Law team, Dan has extensive experience in virtually every area of local
government law, including drafting complex agreements, ordinances, statutes, and ballot titles; negotiating contracts
and settlements; annexations, district formations and dissolutions; SDCs, LIDs,taxation, budgeting and government
finance; and, public finance and economic development. He has also handled over 100 LUBA, circuit court, and
appellate cases. Dan's government law background includes serving as Assistant Eugene City Attorney in 2013 on a
short-term assignment, serving as Interim Lane County Counsel in 2011 on a short-term assignment, serving as
Washington County Counsel from 1996-2011, and serving as Assistant Washington County Counsel from 1981-1996.
s Peter Mohr,Attorney, Condemnation, Environmental and Natural Resources Law
As an environmental and natural resources lawyer, Peter Mohr is committed to helping clients secure both certainty
and fairness within the regulatory context. Having practiced for eighteen years, he has dealt with many different
jurisdictions and agencies throughout the western United States. Peter has successfully pursued water rights
applications for agricultural, commercial, hydro power, special district and governmental uses before both state courts
and administrative agencies. Peter has been recognized by Chambers and Partners:America's Leading Lawyers for
JORDAN RAMI S ec 5 1 P a g e
ATTORNEYS AT LAW
Business for his expertise in environmental law, and is listed in Best Lawyers in America for his water law expertise.
Jacob Zahniser, Attorney, Construction Law
A litigator and trial attorney, Jacob Zahniser focuses his practice on construction and real estate litigation, as well as
handling insurance coverage disputes arising from construction defects. Jacob has represented a wide variety of
clients ranging from contractors, suppliers, and insurance policy holders and assignees,to commercial property
owners, landlords, and homeowners associations. He is experienced in all forms of construction litigation, including
payment disputes and lien claims, insurance coverage, leases, purchase and sale agreements, development rights,
adverse possession, property lines and easements, and development disputes. He is also a frequent speaker on
commercial lease issues and is ranked as an Oregon Super Lawyer"Rising Star" (2014-2016).
v David Rabbino,Attorney, Environmental and Natural Resources Law
A large focus of David Rabbino's environmental law work is the redevelopment of contaminated real property known
as brownfields. He advises clients on various financial tools available to fund brownfield projects, as well as
permitting requirements and land use issues associated with such projects. He also has experience in land use law,
sustainable energy, negotiating power purchase agreements, and contracts related to the financing of renewable
energy systems. He has over 25 years of experience in environmental law and environmental litigation,and he has
been designated by his peers six times as a Super Lawyer in environmental litigation. He was also named a leading
Oregon lawyer in Environmental Law in the 2016 edition of Chambers&Partners USA.
r Angela Johnson,J.D., Paralegal
Angela assists our attorneys in local government and real estate matters. She has skill and experience in most areas
of local government law, including public records and meetings laws, intergovernmental agreements, annexations and
other boundary changes. She has specific experience assisting with elections matters, including initiatives,
referendum and referrals, preparing ballot titles and other election documents, and analyzing election disputes. She
also routinely assists with real estate and water matters,with specific emphasis on transactions involving local
government entities. This includes experience drafting purchase agreements, leases, easements and other property
documents,coordinating with clients and consultants during the due diligence process, analyzing title issues and
assisting with all other aspects of real estate and water transactions. Prior to working as a paralegal at Jordan Ramis,
Angela received her J.D.from Willamette University College of Law and is a member of the Oregon State Bar.
Chris Dolan,J.D., Paralegal
Prior to joining Jordan Ramis, Chris Dolan was an active Oregon attorney for more than eight years, representing
individuals and companies throughout Oregon in a variety of civil matters including employment discrimination cases
in both state and federal court. Since coming to Jordan Ramis as a paralegal in 2001, Chris has actively assisted trial
counsel in litigating employment discrimination claims, construction disputes, lien foreclosures, and other complex
business lawsuits. Chris has also assisted our attorneys with the preparation of construction liens and public bond
claims. Chris's experience includes preparing, filing, and foreclosing construction liens and bond claims;
representation of various parties in litigation concerning construction liens, construction defects, real property
disputes, and other issues concerning the building industry; representation of businesses in litigation, including
employment discrimination claims, contract claims, and creditors' rights claims; and analysis and preparation of briefs
on appeal.
Resumes for each individual noted above are in the Additional Information Section.
U. Service Understanding and Firm Availability (RFP Section
5.A.6)
Jordan Ramis PC is recognized as one of the top local government law firms in Oregon. We are well regarded across the
state for our ability to effectively and efficiently represent local governments. Our clients include 19 cities, 3 counties, 10
irrigation districts, 3 ports, and numerous other special districts. In total, our attorneys have well over 100 years of
combined experience representing local governments.
JORDAN RAMI S rc 6 1 P a g e
ATTORNEYS AT LAW
The primary team that will work with the City will consist of Shelby Rihala,Tim Ramis, Dan Olsen, and Angela Johnson.
Shelby will attend City Council Business meetings or will coordinate with the City Manager if another attorney's presence
better meets the needs of the City based on the specific agenda. Tim and Dan will serve as back up if Shelby is unable to
attend. Shelby will also ensure that the City's requests are being handled by the team member best suited for the
particular project.
We understand that availability is critical. All individuals named in our proposal have the capability, capacity, and flexibility
to be available to assist the City and interact and communicate with interested parties constructively, and as needed.
Our team members are accustomed to working with public entities and know that travel and time on-site is required,and
that sometimes, issues arise very quickly—sometimes.during regular business hours, sometimes on the weekends. Our
attorneys are available and flexible to respond with skills and time when needed. We believe that consistent
communication is important. Through email,telephone calls, in-person, or full video conferencing,we are always
available to assist you. We will meet with the City on a project-by-project, as-needed basis, as appropriate or requested
and are willing to travel from our offices in Lake Oswego.
Inherent in our availability and accessibility is our ability to interact well with diverse parties. Jordan Ramis is frequently
hand-selected by local governments as well as development entities because of our ability to interact well with diverse
parties, and negotiate successful settlements with all segments-of the public and private sector. It is a necessary strength
of our law firm and a critical part of our practice to be able to interact well with multiple parties, and we do it almost daily.
Our philosophy is simply to achieve desirable results for our clients, not to engage in litigation unnecessarily. This
philosophy necessitates agreements and the ability to interact well. We are fully committed to providing all city attorney
services described in Section 4 Scope and Schedule of Work in the RFP and we appreciate the opportunity to-respond to'
your request.
Below is our experience in the specific areas identified in Section 4 Scope and Schedule of Work in the RFP.
Staff and Council Support
The firm is experienced in providing legal support for the administration of City business and provides this service to client
jurisdictions on a daily basis. Legal opinions, procedural advice, ordinance preparation, contract drafting, and other
support are provided on the timetable required by the City. Our municipal practice group meets weekly to track project
assignments and assure high quality products are provided. We are flexible in coordinating with Council and staff and
understand that communication and availability is critical to helping the City implement its organizational values.
Public Finance
We regularly advise cities, counties, and special districts regarding financing for construction and operational
requirements for water, sewer, park, stormwater, and transportation facilities. We are experienced in crafting,
implementing, and defending SDCs, utility charges, and other local taxes to raise revenue for infrastructure, including
coordination with bond counsel. Examples of our experience include establishing in appellate courts the home rule
authority of Cities to impose system development charges(for the City of Tigard)and drafting and lobbying utility rate
setting legislation which strengthened the City of Milwaukie's position in a sewer rate dispute.
Land Use Law
Our attorneys are widely recognized for our representation of cities in land use matters, including providing advice to
council, planning commissions, and staff,and litigating land use appeals. We understand the sometimes adversarial,
always complex, process of preparing to develop a parcel of land. Jordan Ramis has decades of experience guiding
client jurisdictions through the maze of ever-evolving land use legal requirements. Our experience in this field makes us
knowledgeable about all aspects of Oregon land development regulations including:
■ Drafting findings, ordinances, and comprehensive plan text
Negotiating and drafting development agreements, public facilities guarantees, and compliance agreements
• Urban Growth Boundary amendments strategy, record development, and defense
■ Post acknowledgment comprehensive plan and zoning text and map amendments
Subdivisions(industrial, commercial, and residential) and Planned Unit Developments
■ Variances, adjustments, and non-conforming uses
Code enforcement
• Annexations and withdrawals from special districts
• Natural resource and environmental considerations
JORDAN RAMI S rc 7 P a g e
ATTORNEYS AT LAW
Urban renewal
Advising on development of staff reports
Lzeal Sudget Law
We regularly advise city and special district clients on compliance with Oregon's Local Budget Law. The firm is frequently
called upon to explain the key principals of budget adoption and amendment in"plain English"for the benefit of citizen
participation.
Codification of Ordinances
Our lawyers have drafted and assisted in the adoption of hundreds of municipal ordinances, including zoning codes, solid
waste ordinances, personnel regulations, criminal and traffic codes, nuisance regulations, contracting procedures, council
procedures, public works standards, and virtually every other aspect of municipal law. Based upon our experience,we
can assist in developing the most cost effective approach to codification.
1-7lac+..eons Lai:,
Our attorneys have extensive experience in the interpretation of election laws, preparation of election ordinances and
ballot titles, and defense of public agencies and officials in election law violation cases. We have had success in
aggressively defending our clients from challenges, prevailing before the Oregon Supreme Court as well as in Secretary
of State Proceedings. The firm regularly provides election law training to its clients, which has proved beneficial in
preventing problems.
:;spas: 43- ating La"'s
We regularly advise cities, counties, and districts on such issues, including seminars to local officials and government
associations. Our lawyers are well known for decades of experience advising local governments on all phases of the
public meetings law including notice issues, executive sessions, and minutes. We are well versed in parliamentary
procedure as well as the council rules adopted by our clients. The training we conduct for staff and elected officials
focuses on the practical as well as statutory aspects of assuring the lawful conduct of local government hearings.
Public Racords Lakes
In this increasingly complex and contentious area,the firm has been active in anticipating issues, providing practical
solutions, and defending city decisions regarding disclosure. We frequently conduct training on this topic, but our role has
not been confined to training and advice. For example,we have worked for a police department in the areas of
employment records and investigations through a successful defense of a challenge. In addition,we assist in establishing
procedures and are available to quickly advise staff on short notice regarding disclosure, redaction, or withholding of
records. We routinely defend our client's decisions in front of the district attorney or in a court challenge.
Annexation Law
Our attorneys are among the most experienced in Oregon in the area of annexation and other boundary change
procedures. In the past,we guided Tigard's annexation of Washington Square and recently assisted West Linn in its
election based annexations. We are frequently asked to train staff and contribute to strategic annexation planning. In
addition to our work for Tigard, we have been involved in annexations involving Beaverton, Tualatin, and West Linn.
Public/Private Partnerships
Likely to become an increasing trend, public/private partnerships raise interesting legal challenges, including such issues
as choice of corporate entity and applicability of public contracting and prevailing wage laws. The firm is experienced in
negotiating and drafting development agreements,the main tool used in this state for forging partnerships between the
private sector and urban renewal agencies. We have a strong relationship with the City's bond counsel and work together
to navigate the intricacies of financing projects.
Crag-on .'�evia3d Szatu es
Government law is largely statutory. For cities, statutes must be coordinated with the city charter. Our attorneys are very
familiar with the Oregon statutes that apply to cities and have participated in the drafting of new legislation in areas such
as city financing and public contracting.
F'w°bflc-.peat ng Lash
See discussion of Open Meetings Laws above.
JORDAN RAM I S rc 8 1 P a g e
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;enaml Businatis Law
As general counsel for local government entities, Jordan Ramis understands"the business of government." Property
acquisitions, contract review and preparation, and financial and employee management, are all issues shared by public
and private entities. In addition,the Jordan Ramis staff includes several general business attorneys who give sound
advice on matters of business.
,Yon-la°y.j-,er Fa sonnal Training
The firm is unique in the emphasis it places on involvement of highly trained paralegal personnel as a means of reducing
client costs. Over one half of the firm's paralegals are lawyers who have chosen the paralegal role within the firm. As a
consequence, our paralegals are able to handle a wide array of issues and can provide more in-depth help than a typical
firm. Because of this strength,the firm is often able to offer municipal clients cost savings in areas such as research,
document drafting, and record assembly. This strong support is effective in making our lawyers more accessible,
responsive, and cost effective. The firm also strives to make maximum use of city personnel to reduce costs.
"4avting A%-andance
As lead attorney, Shelby Rihala will regularly attend council meetings. Tim Ramis and Dan Olsen will serve in a back-up
capacity. The firm will provide a lawyer with appropriate expertise to attend other meetings as requested by the City.
Lilg;atior
While we strive to practice"preventive law"and seek solutions that avoid the high cost of litigation,the firm has a long
standing reputation for success when our clients need courtroom representation. Tim Ramis is one of the state's most
experienced land use litigators,frequently representing public and private clients at LUBA,the Court of Appeals, and the
Oregon Supreme Court. In recent cases,we have achieved excellent results in litigation involving Measure 49(Jackson
County), charter interpretation(West Linn), and defended Tigard's revocation of a billboard permit before the Court of
Appeals. Our litigators maintain strong relationships with insurance defense counsel, coordinating defense efforts where
insurance coverage is available. This reduces costs for our clients and produces positive outcomes.
,,�Fee',ng. Preparation
Our goal is to anticipate issues and work to resolve them before the item ends up in a Council packet. Nevertheless,
some issues cannot be resolved behind the scenes, so the City Attorney's responsibility is to be familiar with the agenda
prior to the meeting. We review all matters coming before Council, and if these are complex or controversial, they are
discussed at our weekly in-house municipal department meeting so that the knowledge of our most experienced lawyers
can be applied to the problem. We recognize the importance of consistency,which is why we try to ensure the same
attorney is involved on a project from the beginning with staff through Council approval.
Changes In Law
On a weekly basis, our lawyers share information on local, state, and federal legal developments. We are also active in
providing training on a range of municipal law subjects which necessarily requires our lawyers to keep up-to-date on new
developments We regularly notify our clients about changes in laws, regulations, and policies that require local
compliance. Recent examples include- Council training for municipal clients related to impacts of a recent public meetings
law decision, a training to City of Milwaukie regarding exactions and takings, and a development and land use procedures
training to planning commission members in conjunction with the League of Oregon Cities'Annual Conference.
Conrilra 'on €AI'i ' City'iknc,yer and ID'sp'1. tniant i aLds
The firm is accustomed to performing the role of City Attorney through close coordination with the City Manager and
department heads. We tailor the means of coordination to each city's needs and can adjust as needs change. In Tigard,
Shelby participates in daily check-in calls with the department heads and attends weekly leadership team meetings in
order to facilitate communication between the City Attorney's office and City staff. Within the firm,we also meet quarterly
with the City Manager. We understand City Council is the final arbiter of policy and make ourselves available to
Councilors at any time. Our successful, long-term relationships with many municipal clients attest to our ability to support,
coordinate, and communicate with the structure of a city's leadership.
J O RDAN RAMI S rc,. 9 1 P a g e
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E. Fee Structure (RFP Section S.A.7)
Our costs are typically broken down by the hour, with set hourly rates for each attorney and paralegal working on a
matter. Hourly rates are reviewed periodically to reflect current levels of legal experience, changes in overhead costs,
and other factors. We are willing to discuss alternative fee arrangements, including task-specific approaches, or other
alternative options as appropriate or applicable to the City. We are flexible in how we bill for our time. Our litigators and
specialized attorneys are billed at a higher rate because of their specific knowledge and proficiency. They will be used as
a resource sparingly and judiciously based on the needs of the City.
Attorney 1S and 2ndyear 3' and 4h year 6th year
Shelby Rihala $230 $245 $260
Tim Ramis $230 $245 $260
Dan Olsen $230 $245 $245
Peter Mohr* $250 $265 $280
Jacob Zahniser* $250 $265 $280
David Rabbino $275 $290 $305
Paralegals
Angela Johnson $190 $200 $210
Chris Dolan $190 $200 $210
*Litigation Rates
Special Discounted Rates
We recognize that maintaining open communication between the City Attorney's office and City staff is essential in
our ability to provide quality legal services. By maintaining this close coordination, often times we can help head off
potential legal issues before they arise. For this reason, we propose reduced or no cost participation by the City
Attorney in daily check in calls, leadership team meetings, and staff retreats. Shelby will continue attending daily
check-in calls with the leadership team for no charge. Weekly leadership team meetings will be billed at a flat rate
of$100 per meeting, regardless of duration, and staff retreats will be billed at a similarly discounted rate. It is our
goal that the City Attorney always be accessible, accountable, and understands the needs of the City and the best
way to accomplish this is by fostering frequent communication.
Additionally, we will continue our current practice of charging travel time to and from the City's offices at half rate
with no cost for mileage. Travel time to other locations, such as to attend a court hearing, will be billed at full rate
plus mileage at the federal reimbursement rate.
F. References (RFP Section 5.A.8)
Scappoose, Dundee, and Milwaukie are representative general counsel clients. For each, we attend City Council
meetings and staff trainings, draft ordinances, advise planning commissions, and provid representation during litigation.
We encourage you to contact the following current clients about our commitment to quality service:
Michael Sykes, City Manager, City of Scappoose, (503) 543-7146-33568 E Columbia Ave, Scappoose OR 97056
Rob Daykin, City Administrator, City of Dundee, (503) 538-3922-PO Box 220, Dundee OR 97115
Bill Monahan, Retired City Manager. City of Milwaukie, (503) 805-3268- 10722 SE Main St, Milwaukie OR 97222
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Additional Terminated Entity: Our client, the City of Damascus, ceased to exist as a city and as a result terminated all
city contracts.
G. Additional Information (RFP Section 5,13)
1 Proposal Certifications
2. Signature Page
3. Acknowledgement Addendum
4. Statement of Proposal
5. Resumes
O RDAN RAMI S 111 Page
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PROPOSAL CERTIFICATIONS
Non-discrimination Clause
The Contractor agrees not to discriminate against any client,employee or applicant for employment or for
services,because of race,color,religion, sex,national origin,handicap or age with regard to,but not limited
to,the following: employment upgrading,demotion or transfer;recruitment or recruitment advertising;layoffs
or termination;rates of pay or other forms of compensation;selection for training;rendition of services. It is
further understood that any contractor who is in-t ioladon of this clause shall be barred from receiving awards
of any purchase order from the City,unless a satisfactory showing is made that discriminatory practices have
terminated and that a recurrence of such acts is unlikely.
Agreed by: Christopher Reive
Firm Name: Jordan Ramis PC
Address: 2 Centerpointe Dr, 66' Floor
Lake Oswego,OR 97035
Resident Certificate
Please Check One:
X Resident Vendor:Vendor has paid unemployment taxes and income taxes in this state during the last
twelve calendar months immediately preceding the submission of this proposal.
Or
❑ Non-resident Vendor:Vendor does not qualify under requirement stated above.
(Please specify your state of residence: )
Officer's signature:
Type or print officer's name: Christopher Reive
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ATTORNEYS AT LAW
SIGNATURE PAGE
The undersigned proposes to perform all work as listed in the Specification section, for the price(s) stated; and
that all articles supplied under any resultant contract will conform to the specifications herein,
The undersigned agrees to be bound by all applicable laws and regulations,the accompanying specification and
by City policies and regulations.
The undersigned,by submitting a proposal,represents that:
A) The Proposer has read and understands the scope of services and any specifications.
B) Failure to comply with any of the specifications or any terms of the Request for Proposal may disqualify
the Proposer as being non-responsive.
The undersigned certifies that the proposal has been arrived at independently and has been submitted without
an,collusion designed to limit competition.
The undersigned certifies that all addenda to the specifications has been received and duly considered and that all
costs associated with all addenda have been included in this proposal:
Addenda: No. through No. inclusive.
We therefore offer and make this proposal to furnish services at the price(s) indicated herein in fulfillment of the
attached requirements and specifications of the City.
Name of Firm: Jordan Ramis PC
Address: 2 Centerpointe Dr, 6 h Floor
Lake Oswego,OR 97035
Telephone Number: (503) 598-7070 Fax Number: (503) 598-7070
::
By: `' 11Date: 10/18/2016
(Signature of Authorized Official. If partnership,signature of one partner.)
Typed Name/Title: Christopher Reive,Managing Shareholder
If corporation,attest:
(Corporate Officer)
X Corporation ❑Partnership ❑ Individual
Federal Tax Identification Number (TIN): 93-0609274
JORDAN RACeMIS ac 13 Page
ATTORNEYS AT LAW