CITY COUNCIL Agenda 520 E. Cascade Avenue - PO Box 39 - Sisters, Or 97759 | ph.: (541) 549-6022 | www.ci.sisters.or.us Wednesday, July 14, 2021 520 E. Cascade Avenue, Sisters, OR 97759 5:30 P.M. WORKSHOP 1. Review Bryant, Lovlien & Jarvis Professional Services Agreement-Misley 2. Charter Review Discussion-Misley 3. Discuss Proposed Changes to Municipal Code & Development Code Relating to Public Trees-Bertagna, Mardell 4. Discussion of Habitat for Humanity Affordable Housing Grant Application-Misley 5. Other Business-Staff/Council 6:30 P.M. CITY COUNCIL REGULAR MEETING I CALL TO ORDER/PLEDGE OF ALLEGIANCE II ROLL CALL III APPROVAL OF AGENDA IV VISITOR COMMUNICATION V CONSENT AGENDA All matters listed within the Consent Agenda have been distributed to each member of the Sisters City Council for reading and study, are routine and will be enacted by one motion of the Council with no separate discussions. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request. A. Minutes 1. June 09, 2021-Regular 2. June 09, 2021-Workshop B. Bills to Approve. 1. July 09, 2021- Accounts Payable C. Approve Transit Services Agreement #33559 between the Oregon Department of Transportation and the City of Sisters for Public Transportation Services and Authorize the City Manager to Execute the Agreement. This agenda is also available via the Internet at www.ci.sisters.or.us July 14, 2021 Page 2 D. Approve an Agreement for Oregon Enterprise Zone Extended Abatement for Nosler, Inc. E. Approve an Agreement for On-Call Electrical Services with Smith Rock Electric, LLC and Authorize the City Manager to Execute the Agreement. F. OLCC Liquor License Application Approval 1. Funky Fauna Artisan Ales, LLC-Brewery Public House VI COUNCIL BUSINESS A. Public Hearing and Consideration of Ordinance No. 514: AN ORDINANCE OF CITY OF SISTERS AMENDING ORDINANCE NO. 381, WHICH ORDINANCE GRANTED HIGH COUNTRY ENTERPRISES, LLC A FRANCHISE TO PROVIDE CERTAIN SOLID WASTE MANAGEMENT SERVICES WITHIN CITY OF SISTERS, TO ADJUST INCLUDE ADDITIONAL PROCEDURES FOR THE FRANCHISEE TO REQUEST A RATE INCREASE- Misley VII OTHER BUSINESS A. Sheriff Update- Lt. Davis B. Staff Comments VIII MAYOR/COUNCILOR BUSINESS IX ADJOURN Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered at the above referenced meeting; however, the agenda does not limit the ability of the Council to consider or discuss additional subjects. This meeting is subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. This is an open meeting under Oregon Revised Statutes, not a community forum; audience participation is at the discretion of the Council. The meeting may be audio taped. The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made to the City Recorder at least forty-eighty (48) hours in advance of the meeting. Executive Sessions are not open to the public; however, members of the press are invited to attend. The City of Sisters is an Equal Opportunity Provider CITY COUNCIL Agenda Item Summary Meeting Date: July 14, 2021 Staff: Misley, Green Type: Workshop Dept: CMO Subject: Extension to BLJ Personal Services Agreement (PSA) Action Requested: Review changes in the BLJ extension. Summary Points: Bryant, Lovelien and Jarvis, P.C. were brought on as city attorneys in August of 2016 for a three-year term with an optional two-year extension. The current extension expires on August 3, 2021. During the past five-years of the agreement, the billing rates have not been adjusted. The second extension to the PSA will extend the term of the original agreement for three additional years. Billing rates for shareholders will go from $195 to $225 per hour and associates will go from $150 to $195 per hour. Financial Impact: Updated billing rates. _________________________________________________________________________ Attachments: • 2016 PSA • 2019 First Extension • 2020 Draft Second Extension 520 E. Cascade Avenue - PO Box 39 - Sisters, Or 97759 | ph.: (541) 549-6022 | www.ci.sisters.or.us PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (this "Agreement")is entered into on September 8, 2016, but made effective for all purposes as of August 4,2016(the "Effective Date"), between the City of Sisters, an Oregon municipal corporation ("City"), whose address is 520 East Cascade Avenue,PO Box 39, Sisters, Oregon 97759,and Bryant, Loviien & Jarvis, P.C., an Oregon professional corporation ("Attorney"), whose address is 591SW Mill View W/ay, Bend, Oregon 97702. RECITALS: A. City desires to retain an Oregon law firm with training, skills, knowledge, and expertise in municipal law. City has determined that Attorney has the training, skills, knowledge, and expertise desired, and is qualified and capable of performing the Services(as defined below). 8. City and Attorney are entering into this Agreement to establish the terms and conditions under which Attorney will perform the Services. AGREEMENT: NOW,THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. PROFESSIONAL SERVICES 1.1 Professional Services. Subject to the terms and conditions contained in this Agreement, Attorney will perform those legal services described in Schedule 1.1 (and any other necessary or appropriate legal services customarily provided by Attorney in connection with its performance of those legal services described in Schedule l.H (collectively, the "Services"). Attorney will(a) consult with and advise City on ail matters concerning the Services reasonably requested by City,(b) devote such time and attention to the performance of the Services as Attorney and City deem necessary or appropriate, and (c) perform the Services to the best of Attorney's ability. 1.2 Gtv Obligations, in addition to any other City obligation under this Agreement, City will assist Attorney with Attorne/s performance of the Services by performing the following:(a) City will designate a representative(s) with authority to review and approve all Services performed by Attorney; (b) City will furnish Attorney with information regarding Cil/s requirements for the Services, including, without limitation. City's objectives, schedules, constraints, and criteria;(c) City will render its own decisions in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Services; and (d) City will furnish Attorney with ail information, documentation, and materials Attorney requires to perform the Services. City represents and warrants that City has sufficient funds available and authorized, or that will be authorized, to pay all costs incurred by City under this Agreement. 2. COMPENSATION 2.1 Compensation. Attorney will submit monthly invoices to City concerning the Services performed by Attorney during the immediately preceding month (each, an "invoice"). Each invoice will contain the following information:(a) a general description of the Services performed by Attorney (and 1- PROFESSIONAL SERVICES AGREEMENT (}6564001-C07Z8a82;l) by whom);(b) the number of hours (or fraction thereof) each person spent to perform the Services;(c) the applicable hourly billing rate(s); and (d)a summary of the expenses incurred by Attorney. City will pay the amount due under each Invoice within thirty(30) days after Cit/s receipt of the applicable Invoice. Attorney will review any City meeting agenda requested by City without charge to the extent such review does not exceed thirty (30) minutes in duration. 2.2 Billing Rates. Attorney will perform the Services at the following hourly rates: (a)shareholders will bill City at the rate of $195.00 per hour;(b) associates will bill City at the rate of $150.00 per hour; and (c) legal assistants will bill City at the rate of $75.00 per hour. Attorney will charge the aforementioned billing rates for travel time and to attend council and staff meetings. Attorney will review meeting agendas and related materials at no charge for the first 30 minutes of review. If this Agreement is extended for the two-year extension term described in Section 5.1, City and Attorney will review this Agreement to determine whether changes or modifications to Attorney's hourly billing rates are necessary or appropriate. 2.3 No Benefits and Reimbursement. City will not provide any benefits to Attorney, and Attorney will be solely responsible for obtaining Attorney's own benefits, including, without limitation, insurance, medical reimbursement, and retirement plans. 5ubject to the terms and conditions contained in this Agreement, City will reimburse Attorney for all expenses incurred by Attorney related to Attorne/s performance of the Services, including, without limitation, expenses related to travel, copies, long distance charges, mileage, messenger services, printing, and supplies. 2.4 Conditions Precedent. Notwithstanding anything contained in this Agreement to the contrary, City's performance of its obligations under this Agreement is conditioned on Attorney's performance of its obligations under this Agreement, including, without limitation, those Attorney obligations described under Section 4.4. 3. RELATIONSHIP 31 Independent Contractor. Attorney will be an independent contractor of City. Attorney will be free from direction and control over the means and manner of performing the Services, subject only to the right of City to specify the desired results. 3.2 Taxes. City will not withhold any taxes from any payments made to Attorney, and Attorney will be solely responsible for paying all taxes arising out of or resulting from Attorne/s performance of the Services, including, without limitation, income,social security, workers' compensation, and employment insurance taxes. 3.3 Licenses. Attorney will be solely responsible for obtaining any and all licenses, approvals, and certificates necessary or appropriate to perform the Services.